The URL can be used to link to this page

Home My WebLink AboutWA-96-11The City of ~lheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant C & E Communications Address 4926 SW Corbett, 11205 Phone (303) 475-7313 Portland, OR 97201 Owner Daniel R. Dearing Address (same as "location of Phone (303) 424-9514 request") Location of request 10501 West 48th aven„a u~,-rt, rn,o~t v;a,.,. ~,.,,.__~_ Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit ^ Minor subdivision ^ Subdivision 8 Preliminary Final ^ ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change Flood plain special exception interpretation of code Zone line modification Public Improvement Exception Street vacation ---- Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other Detailed Description of request See attached. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc_ NAME ADDRESS PHONE Daniel R. Dearing (Lessor) 10501 W 48th Avenue North (303) 424 9514 DBA Hi h Countr Auto Bod Wheat Rid _e, Colorado C & E Communications (Lessee),. 4926 SW Corbett, 1/205. Portland. OR 97907 Ana ~~s_ 2 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent their to ctior, cannot lawfully be accomplished. Applicants other than wn s t,~s mit power-of-attorney from the owner which approved of thi~ 'o __ h'sbehalf. Signature of Applicant , to me thi/s ~9~ day of /'u,~~, lg , ~. \.~ Notary Public My commission expires li~j~~J DatA~~~~;~lp~ Receipt No. Case No. 0 m 0 7 0 m G Z 0 0 F 'ms e u~F 4 =WY u a.' =w ow ~W 3 Y ~ b ~. ~° `3 Ssw ~ S, r ~o ~~ ~} 3 om ' .. R 9 .! 79 ES Eq C~ / J ~~~'•'~' ~ 4iy4 V , ° A I •3 ? ~t m ~ y q r E' '~ ° p i ~ n I I Ei i~ N Y ~ - ~ W i . .~~ o ~ w Sa ~ o~ J o k tt §S WiG I . < i ~ a ~ c. w ~~ ~, Z a o ~ a ¢ yn~,. ~ yip - c w e Q C u.nn c QjJ - J b A ~. ~ Lli~-. / p c n .~i4 I ~- c V ~' ' OS'787 ~ j Y Z . e` 'S ~ _. I J ~ z ~ 0 I Q 3 ~ ~ a g ° o °0 ° N ° i o ~ W ~o U Z e O 4 cc o S ` P ~ K C V w w J a F, i y rc z h ^ c ~. ,. 1 a g 0 • E x x V V £ ft `C ii e N " i ~ G s a X W ~ a lL a .o y 3: t` :f Y "~ a ~. I I~ 82'657 ,` OS'fBI I ~. Y ~1'L¢¢W7 C~~OL=G_ ~aO ¢2ywu W~'os'a~'w ~8B -. o0 ~ w§x~w o~W P 8~ °°:: t g o '~c,n$c x Q° ~ og~ Z ~ , - o a ~ r ~ F F uEa ¢ s ~ ~ ~ oy a zx3S ' ~ o ° • ~g~g a W p 6ZN ¢¢ w ` J ~ ~ - ~,`~ e w ".€D ' '° ° ~ m F cN R wlp ¢ oS" o° W =wj¢o O6 s m ., 0 . rtmsea nep• c g y V ,.L~Z~F,LiiO ~° Ge wh W ` 8 ,,,~U) 5 ~4 2 4 ,~ S11~w +.~pJ, %•~~ '' s{~ ;i` W 'te ° °~ W - q r ~ m a "''~, N~"~~ . d ~o `a W ~ ~ u ql X ' ti umo W q c n _I Q ~u ~ xia u \D I ~ i W ¢ W u m ZI^ ~ ~ < L ¢ Wean : ql4 y e 6 d `ua°m ¢ Q~J , Wi-. ~ ~ n J14 ~ c V I p u z e ~S~~BT ~ ~ n I` I -~ _ ~ N u V 0 y g o z ~ M O ~ Z ~ Y °~ Q 6 K O j o, F ~ U 6 < V tt n= a ~ c ~+ a ~ ~4 : z u .+ I ~ E r ~ sC .F ~ °< ° x _ ~ ~ n~ er LL e J -^p ~_ ~ A L = v°i eiSse ESF I `r o o- ul ~ :.,,.,,,~ e56 ~ C ~ y n ~.,.° ' a8 ° I O o ._ ..... _ ~-- - _ ~ - rid ' , ' ezs,i os [ai ~,~ 7, ( ~ ~J- ~ 7 ~ ~ o°SQ c ~ ° - - - -- - -- . [ 3 ~ a °u Daniel R. Dearing HIGH COUNTRY AUTO BODY 10501 W. 48th Avenue Wheat Ridge, Colorado 80033 March 29, 1996 Chris Cazlile, President C & E Communications, Inc. 4926 SW Corbett, Suite 205 Portland, Oregon 97201 Re: Billboazd Sign located at 10501 W. 48th Avenue, Wheat Ridge, CO Dear Mr. Carlile: I hereby provide you, Chris Carlile, President of C & E Communications, Inc., with Power of Attorney to file a Variance Application with the City of Wheat Ridge regarding the billboard sign that you have erected on my property pursuant to the January 24, 1996 Lease entered into between myself and C & E Communications, Inc. You are hereby authorized to submit an Application seeking a variance of four (4) feet regarding the setback of the sign from the property line. If you have any questions in this regard, please feel free to contact me. Sincerely, ~y~, Daniel R. Dearing STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) SUBSCRIBED AND SWORN TO before me thiso~~"day of March 1996, by Daniel R. Dearing. Witness my official hand and seal. expires: // / ~ ~. ~~ NO ARY PUBLIC SIGN (BILLBOARD) LEASE THIS LEASE is entered into by and between Debra Lee Dearing and Daniel R. Dearing, collectively referred to as "Lessor" and C & E Communications, Inc. as "Lessee". RECITALS: A. Lessor is the owner of a parcel of real property bearing address of 10501 West 48th Avenue North and which is located within the municipal boundaries of the City of Wheat Ridge, Jefferson County, State of Colorado. Said parcel is developed and occupied. The parcel abuts the north service road of Interstate 'IO West. Lessee desires to lease a small portion of said real estate for purposes of constructing and maintaining one free .standing flat faced billboard to be erected on and supported by a single pole. B. This Lease is subject to and conditioned upon the City of Wheat Ridge, Colorado, having issued unto C & E Communications, Inc., a building permit which permits the construction and erection of one free standing flat faced back to back billboard, (hereinafter called the "Sign"). C. The location of the Sign post is set forth on Exhibit B attached hereto and made a part hereof. LEASE TERMS 1. The Grant. Lessor hereby leases and grants to C & E Communications, Inc., as Lessee, a leasehold interest in that property described on Exhibit A attached hereto and incorporated herein by reference. (The Leased Premises encompasses only a portion of the real property owned by Lessor at the address of 10501 W. 48th Avenue North, Wheat Ridge, Colorado). The Grant is limited to the use limitation and reservation provisions set forth in paragraph 3 of this Lease. 2. Ingress/Egress. Lessee shall have the right to access the Leased Premises for purposes of erecting, altering, maintaining, replacing, repairing, and removing the Sign, the single pole and all equipment relating to such Sign. Lessee shall only access the subject easement by use of the existing driveway lying on the south side of Lessor's real property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. In no case shall Lessee restrict, block, impair, or impede Lessor's rights of ownership and/or use of the driveway and parking area. Lessee may only access the subject Leased Premises during business hours of 8:00 a.m. through 5:30 p.m. Monday through Friday. .~.` 1~; I ~ ~.~ :~~.. ~°~~ .... 3. IIse Limitation/Reservation. Lessee's use of the Leased Premises is limited to and for the erection and maintenance of the Sign to be constructed on a single pole. No portion of the Sign other than the single pole, shall be attached to the earth. No portion of the Sign or its components shall be attached to any building(s) located on the real property owned by Lessor bearing address of 10501 w. 48th Avenue North, Wheat Ridge, Colorado. All other uses which could be made of the Leased property are specifically reserved to and for the benefit of Lessor. Provided the Sign is not less than ~$' high at the lowest point on the single pole, the Sign may encroach (Northward) into the airspace above the building on the Lessor's property. 4. Lease Term. This Lease shall commence as of the date of January 20; 1996 and shall end on the date of December 31, 2015, unless earlier terminated as provided in paragraph 6 below. 5. Rent. Lessee shall pay unto Lessor or to such individuals as Lessor might designate in writing, as and for rent of the Leased Premises for the full term of said Lease, the total sum of $246,050 payable as follows: a. A lump sum payment of $10,000 payable upon execution of the lease. b. The sum of $50,000 payable during the first five years of this lease in five annual rent payments of $10,000 each, payable in advance January 20, 1996 and on the first day of January of each year thereafter. c. The sum of $55,000 payable during the second five years of this lease in five annual rent payments of $11,000 each, payable in advance on the first day of January of each year, commencing January 1, 2001. d. The sum of $60,500 payable during the third five years of this lease in five annual rent payments of $12,100 each, payable in advance on the first day of January of each year, commencing January 1, 2006. e. The sum of $66,550 payable during the fourth five years of this lease in five annual rent payments of $13,310 each, payable in advance on the first day of January of each. year, commencing January 1, 2011. .~ ~ 2 . _... ' ~~ ~. , ,\~`y~"rte ~.' y''3in. ~~JIT 6. Early Termination. Lessee shall have the right to terminate this Lease at any time upon payment of a "early termination fee", which fee shall be in the sum of $15,000. Early termination shall not entitle Lessee to a refund or credit of any portion of any advanced rental or other payment(s) which may have been paid by Lessee to Lessor. 7. Non-Interference. Each of the parties hereto agree that inasmuch as each shall be using a portion of the property which is owned by Lessor, that each shall exercise reasonable prudence to not obstruct or impair the other's rights as same may relate to the ownership of and leasing contemplated by this document. 8. Competition/Restriction on Advertisement. Lessee agrees that the content of any advertising placed on signs erected on the Premises shall be limited to advertisements for commercial establishments, services or products including, but not limited to, the hospitality industry (such as restaurants, hotels, motels, resorts, vacation packages and similar establishments and services), the petroleum industry (such as petroleum products, service stations, heating oil and gas products), the food and beverage industry, the communications industry (such as telephone, television and related equipment, musical and computer products), the home improvement industry (such as furniture, home furnishings, hardware supplies and home appliances), the office products industry (such as copiers, fax machines and similar products), the transportation industry (such as motor vehicles, airlines, cruise ships and similar products, but excluding items mentioned below), and the entertainment industry (such as theatrics, concerts, movies, conventions and special events. There shall never be any type of auto body repair advertising which would/could compete with Lessor and/or High Country Auto Body. 9. Taxes. All personal property tax and other tax, other than real property taxes, associated with or concerning the billboard sign shall be born by Lessee. lo. Assignability. Lessee shall have the right to sublease, transfer or assign this Lease to others including the ownership of the improvement. Notice of such sublease, transfer or assignment shall be promptly given to Lessor. Such subletting, transfer or assignment shall in no case release Lessor from liability. +~ _. +~~, '~, IT 11. Removal of Improvement. Upon the expiration of this Lease, based upon duration or early termination, Lessor shall remove all of the improvements and restore the property to a reasonable condition. The Sign post shall be cut off below grade and the surface restored to a reasonable condition. 12. Obligation of Successors. All of the rights and obligations under this Lease shall apply to and bind the heirs, successors, executors, administrators, transferrees, assigns and sublessees of the parties hereto. 13. Eminent Domain If any part of the Leased Premises is taken by eminent domain or if the billboard can no longer be used for sign display as a result of taking by right of eminent domain or by reason of any other governmental action, the damages for such taking or action shall be apportioned between the Lessor and Lessee as their respective rights and interest may be. 14. Building Permit Requirement. This Lease is subject to the condition that the City of Wheat Ridge, Colorado, has issued unto C & E Communications, Inc. a building permit which permits the erection of the Sign to be located on the Leased Premises. Lessee has represented that it has obtained a valid-building permit for the erection of the Sign. 15. Subordination to Mortgage Interest. Lessee agrees that this Lease is subordinate to all existing mortgages and shall be subordinate to all future mortgages under which Lessor is mortgagor provided said mortgage(s) do not interfere with Lessee's rights under this Lease. Subject to protecting Lessee's rights under this Lease, Lessor unconditionally agrees to execute such subordination agreements as existing or future mortgagees may require as a condition of the mortgage. In the event of Lessor's .default, Lessee shall have the option, but not-the obligation, to cure Lessor's default by making payments directly to the mortgagee, Lessee shall be entitled to credit such payment against future rental payments due under the terms of this Lease. 16. Recording. Lessee may record this Lease or any memorandum thereof. r .~ ,;, . Nw, `. 4 ~~ ~~ IEV1T. 17. Colorado. 18. Any notices, including notice of default, to be given hereunder shall be personally delivered or sent, postage prepaid by certified United States mail, return receipt requested, to the respective address set forth below or such other address of either party or their assignees shall designate in writing from time to time. LESSORB: / (~ Debra ~,T sc' D aring ~' ~~~ ) ~ ~~.~nT V~ Daniel R. Dearing Address• /G'S~~/ Lv~ `~~' ~ STATE OF COLORADO ) SS. COUNTY OF JEFFERSON ) Applicable Law. This Lease shall be governed by the Laws of the State of Notices. -~ ~ ~-~~~ Date l-ay-9~ Date THE FOREGOING instrument was acknowledged before me this a~~ day of January, 1996, by Debra Lee Dearing and Daniel R. Dearing, as 7,essors t\`. ~ .. V . r, \.~`~~~, 1~~~L.~c i Notary Pub11c ~ .: ,.....~ . ~.' y yQ,:' ~`(~,r`~y°~i: ® % My commission expires: 12/28/97 a~ ~ P 8 ~ TF O F GO~``\`~~ 5 ~~f~i ~~ J \ _/ ~F~,"T LESSEE: C & E Communications, Inc. ( , 2`- C By: ChY`is Car~ile, President 1 ate STATE OF W IO (LCLC U ) ss. Lc.~c,~S COITNTY OF ~e.F1 /2.r ) .( ? U @ FOREGOING instrument was acknowledged before me this ~ 7' QQ;•$ay`"••~ anuary, 1996, by Chris Carlile, President of C & E ~:• Co c ions, Inc., as Lessee. O; ~,~~n s Z' SN 1SNPM i8 ~~ ~, ~ / ~GR ~f~itJ ~ a~.~C,l~'7~ ~~~ ~ Notary Public My commission expires: ATTEST: MyCammissionExprresNov.?3,1998 4T0171h Street 22tXlFbw Q~21. CAjOl3~ ~ Secretary. --^~ .i~-rJJ-- {~V `=-- ~ %; ~~ 6 ~' '/1 IN!T E%HIBIT A LEGAL DESCRIPTION OF REAL PROPERTY FOR AND SIGN (BILLBOARD) LEASE The description of the property leased: A rectangle parcel described as follows: Beginning at the Southwest corner of "THE FOLLOWING DESCRIBED PROPERTY", thence East along the South line- of "THE FOLLOWING DESCRIBED PARCEL" a distance of 32.00 feet, then North and parallel with the West line of "THS FOLLOWING DESCRIBED PARCEL" a distance of 40.00 feet to the true point of beginning, thence West and parallel with the South line of the "THS FOLLOWING DEBCRIBED PARCEL" to a point on the West line of the "THE FOLLOWING DESCRIBED PARCEL", thence North along the West line of the "THS FOLLOWING DESCRIBED PARCEL" to a point which is 5.00 feet south of the existing building (as extended West to the West line of the property), thence East and parallel with the South line of the existing building, a distance of 32.00 feet, thence South and parallel with the West line of "THE FOLLOWING DESCRIBED PARCEL" to the point of beginning. THE PROPERTY WHZCH IS ABOVS REFERRED TO A8: "THE FOLLOWING DESCRIBED PARCEL" A part of the SW 1/4, SE 1/4 of section 16, Township 3 South, Range 69 West of the 6th. P.M., described as: Beginning at a point which is 789.00 feet East of the Southwest corner of the SE 1/4 of Section 16, Township 3 South, Range 69 West and 303.5 feet North of a line parallel with the East line of the SW 1/4, SE 1/4 of Section 16, Township 3 South, Range 69 West; thence, continuing Northerly along a line parallel to the East line of the SW 1/4, SE 1/4, a distance of 181.50 feet; thence, East parallel to the South line of the SW 1/4, SE 1/4, a distance of 299.70 feet; thence, South parallel to the East line of the SW 1/4, SE 1/4, a distance of 75.75 feet; thence, West parallel to the South line of the SW 1/4, SE 1/4 a distance of 30.00 feet; thence, South parallel to the East line of the SW 1/4, SE 1/4 a distance of 75.75 feet; thence East a distance of 270.30 feet to a point on the East line of the SW 1/4, SE 1/4; thence, South 30.00 feet along the East line of the SW 1/4, SE 1/4; thence West parallel to the South line of the SW 1/4, SE 1/4 a distance of 541.00 feet to the point of Beginning, EXCEPT the East 30.00 feet for roadway purposes, EXCEPT that portion described as BECKER INDUSTRIAL PARK, and EXCEPT that portion Deeded to the State Department of Highways, recorded March 1, 1982 at Reception No. 82013111, County of Jefferson, State of Colorado. ~~._~ ~~ ~~ r,.T ~,~~ - 341'~RM~ po~~ ~G,NC~ ~`G.1 S+IN~ 3.~, ia,.,Rs LOCATION OF POLE Eleven Feet East of West Fence Line and Eight Feet South of South Line of Proposed Building ~-~ ~~'~ r ~ ~`~"~ E%N_IBZT B {Y(i, y,x/. RAR~T S&'~T BY : HROri'NSTE [ N HYATT 21 1-24-96 : 9:44 POWER LICENSE BHFgS^ 3034214309~~ 2! 2 DEBRA LEE DEARING and DANIEL R. DEARING, as '•Lessor" under that certain Lease .of even date herewith with C & E COMMUNICATIONS, INC. as "Lessee" thereunder (the "Lease"), leased certain premises for the erection of a billboard sign as more particularly set forth therein. In consideration of the Lease and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Lessor hereby grants to Lessee a license to obtain and bring electrical power for the sign across Lessor's property, as described in the Lease, at Lessee's sole cost and expense. This License is co-terminus with the Lease and shall be assigned therewith, if such Lease is assigned. This License shall be governed by the laws of the State of Colorado and shall be attached to and made a part of the Lease. LESSOR: Debra ee De in Dat /-7~~~, Daniel R. Dearing Date: 1- ~'-~'~~ LESSEE: Name: Its:_ Date: ICATIONS, INC. 6320.1; 1{6462.1 T.-Company 9140 North 94th Avenue Peoria, Arizona 85345 (602) 878-4836 March 12, 1996 Christopher Cazlile President C & E Communications, Inc. 4926 SW Corbett, Suite 205 Portland, Oregon 97201 Re: Billboard Sign Located at 10501 West 48th Avenue North, Wheat Ridge Colorado Dear Mr. Carlile: As you know, I manufactured and sold to you asingle-pole billboard sign structure which has since been erected on the property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. I hereby certify that the abovenamed billboard sign structure has been designed and manufactured pursuant to rigid standards that ensure the billboard sign structure can be safely installed and constructed, and operate safely and effectively, at heights up to and exceeding eighty-five (85) feet, measured from ground level to the top of the billboard sign structure. I further certify that, in my professional opinion, and as provided for in certified engineering reports commissioned by my company, the abovenamed billboard sign structure is designed and manufactured to be completely safe and structurally sound when installed and constructed at a height of sixty (60) feet, measured from ground level to the top of the sign structure. This letter, and the foregoing information, may be provided to the City of Wheat Ridge for purposes of answering any questions regarding the abovenamed billboazd sign structure. If you have any questions in this regard, please call me at the above number. ~ , ~''i John Van Tussenbroek Metro Sign Service P.O. Box 10296 Glendale, Arizona 85318 (602) 564-7705 March 12, 1996 Christopher Carlile President C & E Communications, Inc. 4926 SW Corbett, Suite 205 Portland, Oregon 97201 Re: Billboard Sign Located at 10501 W. 48th Avenue North, Wheat Ridge Colorado Dear Mr. Carlile: As you know, my company and linstalled a single-pole billboard sign structure for your company, C&E Communications, on or about February 27 and 28, 1996, on the property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. Our installation, which I personally supervised, took place over the course of approximately twenty-four (24) hours. I hereby certify that, in my professional opinion as an experienced and licensed construction contractor, and based on my personal observation and supervision, the construction and installation of the aforementioned billboard sign, including but not limited to the design and construction of the sign's footer and the use of special last-drying cement in the installation of the sign, satisfied and complied with all applicable industry standards regarding such construction. This letter, and the foregoing information, may be provided to the City of Wheat Ridge for purposes of answering any questions regarding the abovenamed billboard sign structure. If you have any questions in this regard, please call me at the above number. Sincerely, Matt Yob President GRC Engineering, Inc. 10537 S. Kostner Avenue Oak Lawn, Illinois 60453 (708) 424-9567 March I5, 1996 Christopher Carlile President C & E Communications, Inc. 4926 SW Corbett, Suite 205 _ Portland, Oregon 97201 Re: Billboard Sign Located at 10501 West 48th Avenue North, Wheat Ridge, Colorado „ , Dear Mr. Carlile: As you know, my company, GRC Engineering, provided certified engineering plans to T.-Co., a billboard sign manufacturer, for the single-pole billboard sign structure (14' x 48' sign size) which was sold to you and has since been erected on the property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. [was not present at the installation of the sign structure, and have no personal knowledge regarding the installation. I have been provided the following information, certified as true by the construction contractor, regarding the installation and erection of the abovenamed sign: (i) the contractor excavated a hole on the property for the purpose of securing the billboard sign column; the hole was 17'6" deep, and had a diameter of 5'; (ii) the soil at the location of the excavation was firm, packed dirt to a depth of 9-I1', and fine, rock and sand soil from a depth of 1 I-18'; (iii) there was approximately 6" of water at the base of the excavation; (iv) the final height of the sign, measured from ground level to the top of the sign structure, is 53.4'; the H.A.G. L. for the structure is 35.9'; and (v) the contractor constructed a sign footer to secure the sign column, in accordance with applicable industry codes and with the abovedescribed excavated hole, and utilized concrete with a strength of 2500 lbs., and a slump of 5". Based on tite foregoing information provided to me and represented as true by the contractor, and based on the; e;ngineering_ calculations and plans prepared by my firm for the Christopher Cazlile March 15, 1996 Page Two manufacture and erection of the abovenamed sign structure, I hereby certify that the abovenamed billboard sign structure has been installed and erected in conformance to the required engineering specifications so as to operate safely and effectively ~t its present height. I further certify that, in my professional opinion, and in reliance of the information provided to me, the abovenamed billboard sign structure and the concrete footer have been installed to operate in a completely safe and structurally sound manner. ' This letter, and the foregoing information, may be provided to the City of Wheat Ridge for purposes of answering any questions regarding the abovenamed billboard sign structure. If you have any questions in this regard, please call me at the above number. Sincerely, G. R. Carstens President DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number BUILDING INSPECTION DNISION - 235-2855 CITY OF WHEAT RIDGE Date 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 2449 12/29/95 ~ ~ Property Owner Property Address : 10501 1-70 FRONTAGE RD N Phone Contractor License No. ~ 3r; Company : Phone OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances and do not violate applicable ordinances, t covenants, easements or restrictions of made are accurate; that I have read and a application, and that I assume full respons Code (U.B.C.) and all other applicable Wh (OWNER)(CONTRACTOR) SIGNED ~ ' Description : BILLBOARD 14' X 48' 32' BILLBOARD this permit application are acwrata, ations of the City of Wheat Ridge or measurements shown, and allegations i b1' all conddions printed on this tpllance with the Wheat Ridge Building tinances, for work under this pertniL ~r r~ Construction Value : $25,000.00 Permit Fee : $252.00 Plan Review Fee : $0.00 Use Tax : z$3s. Total: $f2~99 77 °~ 50' SETBACK SOUTH, 5' SETBACK WEST BUILDING DEPARTMENT USE ONLY Approval : GG 12/29195 Zoning : PID ~IIB[tfT~OfFifR~9 Approval Approval: Occupancy : Walls APPROVED PURSUANT TO WHEAT RIDGE CODE SECTION.. 26-412 (C) (1). RELOCATION OF B-1 ZONE BILLBOARD LOCATED AT APPROXIMATELY 7701 W 44TH AVE "PROPERTY OWNER: DANIEL DEARING DBA AS HIGH COUNTRY AUTO BODY) "'COMPANY : C & E COMMUNICATIONS Roof : Stories : Residential Units Electrical License No : Plumbing License No : Mechanical License No Company : Company : Company Expiration Date : Expiration Date : Expiration Date Approval: Approval: Approval: ~ I ~ ~ 1 ^ !l {1) This permit was issued In accordance with the provisions set forth in yopur application and is suq~ect to the lava of the State of Colorado antl to the Zoning Regulations and Building Code of Wheat Ridge, Coorado or arty other applipAle ominances of the City. (2) aThbasndaned iw a ~dod or i 2o~daya~. autlanzed is rwt commenced wlthm sixty (60) days from issue date or (B) the bWWing authoraed is suspended w (3) If this permit expires, a new pemVt may ba acquired for afee atone-haft the artauM nonnatty required, provided no changes have been a will be made in the odginal plans antl speafiptions antl arty suspensor or abandonment has not exceeded one (f) year. tt changes era made or if suspension or abandonment exceeds one (1) Year, full fees shall be paid for a new permit {4 No work of anY manner shall be done that will change the natirral Clow of water posing a tlrainege probbm. (5 Contractor shall notify the BuiWirg Inspectortwenty-four (24) hours in advance for all inspections and shall receive wriaert approval on inspection prtl before ring with aucoessive of the b. (6) a issuer W a pertnh or a approval tlrawirga end apedaptlona Null construed in p a pertrYt for, nor an approval oC ary violation of the prarlebns of the bu I cod s or arty other ordine ,law, rule or regulafbn. Chief wilding Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR CALL: 2345933 24 HOURS PRIOR TO INSPECTION fo89 ~` APR-24-96 31.29 FROM•EHF&6 ID=3036231966 SROWN31~1 HYATT FARZiEIt & STRICKLAi~ID, P.C. ATIbRNEYS AT LAW TW1?IlT'ySLCOND Pid>dR alo ssvErlTSS~riz;sTa~er D&NVER, COL9RAD0 802024437 TBI.TiriIIpNB (303) 534.6335 TELECOI?IER ~i63) 623-1956 TF.•l~.)ECOPX TItANSM.LSSxON 5~.~ DATE: AP~~4, ].996 . TO: Gleai Gilley Direch~r of Planning and Development TO: John Eckert. Chief Building In_s~ectnr FROM: Cole Fmegdn and Christopher J. Melcher FAQ No. ~a-s9za~ OPERATOR Jeanette Morales PAGE WE ARE SENDING YOU AN'3 PAGE TELECOPY (Il~TCLUDING TIiTS COVER PAGE). IF YOU DO NOT RECEIVE ALL THE PAGES OR ENCOUN'CIIt ANY DIFFICULTIES WITH THIS TRANSMISSION, PLEASE CALL OUR OFFICE (3Q3) 534-6335 IIuLI~sEDIATELX. THANK XOU. 3/3 The irrformatian contained in this facsiwile message is attorney privileged and confidential fnformaifon, intended only for the use bf the individual or entiri named above. If the reader of this message is not the intended recipient, you are hereby ratified That any dissemination, distribution or copy of this eamreuiieatian is strictly prohibited. If you have received this caaarn3catian in error, please iamediately ratify uS by telephone ant return the original message to us at the stave address via the U.S. Postal Service. Thank you. APR-24-H6 33.28 FROM:HHF&6 ID. 3036231856 $EOWPISTEL*i HYATT FASBEE & STBICXLA.YD, P.C. P~2'7rokzti-EYa A.x i,.~,w TWENTY-$EGONO FLgOR 4~0 SEVENTEENTN STREET A&.WE]R. CO3AIIeO0 80EOE+aas3~ (9D3~994-639s FAX f303! G23.1956 Apri124, 1996 VIA FA SIMILE AND HAND DELIVERX Mr_ GIen Gidley Director of Planning & Development Mr. John Eckert Chief Building Inspector City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80235 Re: Variance Arn3iicafienc C'~ce Nos WA~9 I I and WA 96-I2 Dear Mr. Gridley and A![r. Eckert: PAGE WA4Yi~np_ } pry grr~c~ BOA PCNN$YLVANW AVENUG ry.W. SY~T6 900 WASryIN[.'ILIN~ 0.G. 20004 L^Ca a3a-gaaT rAX faoxl a"a-TCw This Ietter is to confirm the conv~ation yesterday afternoon in the Wheat Ridge Planning Division offices involving yourselves and Chris Melcher. Mr Eckert, in the pres~ce of Mr. didley, stated to lblr. l~lelcher that, on behalf of the City of Wheat Ridge (the "City"}: (i} he had reviewed the Apn1 ]S, 1996 certification of strucn,raT integrity submitted by GRC Engineering regarding the C&E Communications, Inc. ("C&E") billboard structure that is fhe subject of the above-Warned Variance Applications; and (ii} the eerkit'rcation (and attachments) satisfied the concerns and requests of the City with regard to the concrete footing and strutxural integrity of the C&E billboard under the City's Building Code. In response to Mr. NleIcher's inquuy, you agreed that the issue of the structural integrity of the CEcE billboard: (i) would not be raised at the April 25, 1996 Wheat Midge Board of Adjustment Hearing (the "Bearing") regarding the above-named Variance Applications; (ii) that the City would make a statcmnnt that C&E had satisfied all requests of the City with regard to the billboard's concrete footing and. structural. integrity; and (ui) C&E would not need to present any wltnesses or evidence regarding this issue at the )Fleeting. In reliance on these statements, we have cancelled arrangements to present eycpert witnesses at the Nearing on this issue. 2/3 APR-24-96 11.30 FROM=8HF8.9 Mr, Glen GxdL:y and Mr. john Fclcert Apri124, 1996 pago 2 ID=3039233968 PAGE 3/3 if you Lave any questions with regard to the foregoing, please contact the undersigned by the close of business today. Thaitlc you for your continued assistance in this matter. Very tinily yours, _.~ Cole Finegan Christopher 3. IVlelCher c~c~rrnln cc: Chris Castile Geraid lw Dahl, Esq. (via facsimile: 298-0215) Attorney for die City of Wheat Ridge ~~ 7506 WEST 29TH AVENUE ThB Clty Of WHEAT RIDGE, CO 80215-6797 (303) 234.5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge F.I~DINGS OF FACT & ADMINISTRATIVE DETERMINATION CA58: WA-96-11 LOCATION: 10501 W. I-70 Frontage Road North (aka W. 48th Avenue) REQUEST: Setback variance of 5 feet to the 50 foot frontyard setback requirement in a Planned Industrial Development Zone. APPLICANT: C & E Communications 4926 SW Corbett #2205 Portland, OR 97201 Cole Finegan (Attorney in Fact) Brownstern, Hyatt, and Strickland, P.C. 22nd Floor 410 - 17th Street Denver, CO 80202 WHEREAS, Wheat Ridge Code of Laws Section 26-6(D) set forth specific procedures and requirements for applications for VARIANCES, including specific procedures relating to "Minor Variances", and WHEREAS, Applicant, C & E Communications has made an application for a minor variance asking for a 45 foot frontyard setback for a billboard where 50 feet is required; and WHEREAS, I, Glen Gidley, am the Zoning Administrator charged with the responsibility to review minor variance applications for compliance with Wheat Ridge Code Section 26-6(D)(2)(a). NOW, THEREFORE, I, Glen Gidley, Zoning Administrator make the following Findings of Fact and Determination: 1. The application for a 5 foot frontyard setback variance does not exceed 10~, therefore may be considered a minor variance. c, rz<~,~.,,JP~~~, ____ __ WA-96-1i/Findiags of Fact Page 2 2 3 Letter DTotice to adjacent property owners and site posting. notice occurred as required by law. On April 19, 1996 I received representative Craig Chaffee to the granting of the varian indicated that Patricia Von, owner of the Volant property of the subject property, also variance request. a telephone call from Volant who indicated that they object ce request. Mr. Chaffee representative of Q-Management, situated adjacent to and .west objects to granting of the Based upon this protest, I am not authorized to variance application, however I will forward the the Wheat Ridge Board of Adjustment for a public held on Apr9 Glen Gidley, Director of Planning & Development approve the minor application to hearing to be NOTICB OF PIISLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on April 25, 1996, at 7:30 p.m., at 7500_West 29th Avenue, Wheat Ridge, Colorado.. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard: 1. Case N_o. WA-96-10 ;__ An application by Joyce Harr-elson and Naomi Brown for a 42" fence height variance in a sight distance triangle for property zoned Residential-One and located at 6800 W. 29th Avenue. 2. Case No TUP-96-2:_ An application by Hans Pedersen for approval of a Temporary Use Permit to allow the parking of a semi and tractor-trailer on property zoned Agricultural-One and located at 4859 Miller Street. 3. Case No. WA-96-11: An application by C and E Communications for approval of a 5' front yard setback variance to the 50' front yard setback requirement on property zoned Planned Industrial Development and located at 10501 N. I-70 Frontage Road. Case No. WA-96-12: An application by C and E Communications for approval of a 22' height variance to_the 32' billboard height requirement for property zoned Planned Industrial Development and located at 105-01 N. I-70 Frontage Road. Mar ou Chapla, Secretary Wanda Sang, City Clerk. To be published: April 11, 1996 Jefferson Sentinel P.O. BOX 638 _- _ TELEPHONE: 303/237-6944 The clfy 01 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge April 10., 1996. This is to_inform you that Case Na. WA-96-11 which is a request for approval of a 5' front yard ,setback variance to the 50' front yard setback requirement on property zoned Planned Industrial Development for_ property located at 10501 W. I-70 Fronta;;e Road North will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in .the _ Council Chambers of the Municipal Complex,'7500 West 29th Avenue at 7:30 P.M. ,__on April 2~, 1996 All _owners and/or_=their legal counsel of tha parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or ..interested party, you have the right to attend this Public Hearing and/or submit written comments. It.shall, be the applicant's responsibility_to notifg any other persons whose presence `is desired at this meeting.. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "7'he Carnation City" ~- ~ •t~t' 1 F -~ r+4 ; ~ ~ :l~,~pu'`~ F [') {k\ F !.;.~` ,,, t, ~; ~., ~, ~~~ -, ~ ~'~ r ; -1. .- -7 u '`~~ 0 ~~~ ~~, ~ ...._ _._ _ _._~_-_~!w~ ~ 013dO13AN3 d0 d01 lb ann..u9 ~, ~ ~ ~ SCI F C W O R ~ ~ O ~) L.f s s ~~ o y l ~ ~ E'CE `IOh 2 t6 d m 0 v m g O 0 `d O O U W -F~ ~ m C3 C~ ~ o o ~WyJ x ~ ?• ~ v m¢ U ti ~~ a3 - - --- _ - - _-_ 4 - ~ ~ _..~----_° w - ... y =_~_ a Spa5 vc~~z I ~° C~mam A T 9 P 912 401 314 12 401 315 xr~ I ~~`°' Vim= ~sr3 0'°,o,E~. -~ I S3 1CJ y °m'3 ~H~ E 1o blNa m_ u~ a a °~~_ N 2R -n-- as U1 m m m I.fn m m m ~~j ~•y o mA~ gmR ~ Ol < m c "Til ~ m c - Cdr ~ Q F'~a Nao I Z o v c Z n a ffi 'I'1 ~ m -I z I y m y z ... a@ as°O- ~ n O ~ n 31 m n m v T 0 A -A P 912 401 316 N m n m ~' O n m m ~9 .A D_ r I~ I IMPORTANT! PLACE ' O O ..a yy h7 R+ ,~ ~ i P'F ~ ~ R n R 34 0 n3 ,°~ i ~ Sf ~ -'c g ~^~'~ an z 3 g I i R no ~ T t ~ ~R M o °m ~ hd r~ ~ ~ N sy at (~ q M hD F$L n~ < y ~ Fo m o ~ I \ i I ~12 401 312 m m m m ~ < ~ ~ m --0i z n n_ I $ ~'3 ~f ~ O M o }~ y ~ OS T `" Y i'k m < 0 r C y> tl'1 ~ Y y ~ ~ ~ n - Cm I '~` o-g y c A 9 iR R <y O •/ I I ;`* ca i o o y $ •E a I 9C ~ 9 k ti. ` O 'STIOKER AT TOP OF ENVELOPE TO TO r•~ - ~ ASS. BEOWNSTEIN HXATT FAI~BE$ & STEICKLAND, P.C. ATTO3?NEYS AT LAW TWENTY-SECOND FLOOR 410 SEVENTEENTH STREET DENVHE, COLOEADO 80202 MST f3O3) 534-6335 FAX 13031 623-1956 April 24, 1996 VIA FACSIMILE A_ HAND DEI,IVERX Mr. Glen Gidley Duector of Planning & Development Mr. John Eckert Chief Building Inspector City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Variance Applications Case 1Vos WA-96-11 and WA-96 12 Dear Mr. Gidley and Mr. Eckert: WASHINGTON OFFICE 601 PENNSYLVANIA AVENUE, N, W. sulTE soo WA6HINGTON~ O.C, 20004 12 0 21 434-63]T FAX (2021393-]664 This letter is to confirm the conversation yesterday afternoon in the Wheat Ridge Planning Division offices involving yourselves and Chris Melcher. Mr Eckert, in the presence of Mr. Gidley, stated to Mr. Melcher that, on behalf of the City of Wheat Ridge (the "City"): (i) he had reviewed the April 15, 1996 certification of structural integrity submitted by GRC Engineering regazding the C&E Communicaflons, Inc. ("C&E") bffiboazd structure that is the subject of the above-named Variance Applications; and (ii) the certification (and attachments) satisfied the concerns and requests of the City with regard to the concrete footing and structural integrity of the C&E billboard under the City's Building Code. In response to Mr. Melcher's inquiry, you agreed that the issue of the structural integrity of the C&E billboazd: (i) would not be raised at the April 25, 1996 Wheat Ridge Boazd of Adjustment Hearing (the "Hearing") regarding the above-named Variance Applications; (ii) that the City would make a statement that C&E had satisfied all requests of the City with regard to the billboazd's concrete footing and structural integrity; and (iii) C&E would not need to present any witnesses or evidence regarding this issue at the Hearing. In reliance on these statements, we have cancelled arrangements to present expert witnesses at the Hearing on this issue. Mr. Glen Gidley and Mr. John Eckert April 24, 1996 Page 2 If you have any questions with regazd to the foregoing, please contact the undersigned by the close of business today. Thank you for your continued assistance in this matter. Very truly yours, Cole Finegan Christopher 7. Melcher CJM/PCF/jmm cc: Chris Cazlile Gerald E. Dahl, Esq. (via facsimile: 298-0215) Attorney for the City of Wheat Ridge STATEMENT OF C&E COMMUNICATIONS, INC. IhI SUPPORT OF ADMINISTRATIVE PROCESS APPLICATION REQUESTING "FRONT YARD SETBACK" VARIANCE FROM CITY OF WHEAT RIDGE ZONING ORDINANCE. C & E Communications, Inc. ("C&E" or the "Applicant") hereby submits this statement in support of its Administrative Process Application for a Variance from the "front yard setback" provisions of the Ciry of Wheat Ridge Zoning Code (the "Application"). C&E is a lessee of a portion of the property located at 10501 W. 48th Avenue North, which is situated within the municipal boundaries of the City of Wheat Ridge, Jefferson County, State of Colorado. C&E has obtained a Power of Attorney from the property owner authorizing C&E to submit this Application for a Variance. i~ sec. 26-6(D)(1)(b). (Exhibit A). The property is zoned by the City of Wheat Ridge for Planned Industrial Development ("PID"), pursuant to Section 26-25, "Planned Development District," Wheat Ridge Zoning Code. The owner of the property, Daniel R. Dearing, has developed the parcel for commercial and industrial uses, and presently operates an auto body shop on the property. The property is bounded on the South by Interstate Highway 70 West, on the North by a PSC Right-of-Way, on the West by the Volant Company Commercial Warehouse and Manufacturing Operations, and on the East by additional commercial development. On January 24, 1996, C&E entered into a Lease with the property owner, Daniel R. Dearing, in which C&E acquired a leasehold interest in the property for the purpose of erecting a billboard sign structure on the property. (Exhibit B). The Lease is for a term of twenty (20) years, and provides C&E with the right to access to the Leased Premises for purposes of erecting, repairing and maintaining the billboard sign structure. Pursuant to the foregoing leasehold interest, C&E erected a single pole billboard sign structure on the property at 10501 W. 48th Avenue North on or about February 27 and 28, 1996. The billboard sign was erected and constructed in full compliance with all applicable building code and industry standards regazding such structures. (Exhibit C). The billboazd sign structure is presently completed and ready for operation, except for the completion of the electrical lighting by a certified electrician. Completion of the billboard sign will be accomplished immediately following approval of this Variance Application. I. Request for Variance Regarding Front Yard Setback. The City of Wheat Ridge regulates the placement and construction of outdoor advertising devices, commonly referred to as "billboard signs", pursuant to the Sign Code in Chapter 26, Article IV, of the Wheat Ridge Zoning Code. Wheat Ridge Zoning Code, Sec. 26-401, et s Pursuant to Sec. 26-412, the City of Wheat Ridge is divided into two separate billboard districts -- B-1 and B-2. Sec. 26-412(a)(1). The Applicant's billboard sign is erected on property located in the Wheat Ridge B-2 District. Under the Wheat Ridge Sign Code, billboard signs erected on property in the B-2 District are required to have setbacks from the property line "as required for a principal structure in the zoning district where located." Sec. 26-412(c)(3). Attachment to C&E Variance Application Front Yard Setback Variance March 29, 1996 Page 2 As stated, the property located at 10501 W. 48th Avenue North is zoned PID. Under section 26-25(IV)(B)(3)(d), "setback requirements for building adjacent to the perimeter of a Planned Industrial Development District shall be established using setback regulations set forth in the Light Industrial District (I)". The Zoning Code provides that structures located in the Light Industrial District (I) shall have a "front yazd setback" of "Fifty (50) feet minimum." Sec. 26-24(H)(5). Prior to installation and erection of the billboard sign on the property, C&E obtained a Building Permit, No. 2449, from the City of Wheat Ridge authorizing the construction of the billboard sign. (Exhibit D). The permit was issued on December 29, 1995, and provided for the erection of the billboard with a "50 foot setback South". C&E and the property owner, Daniel R. Dearing, were aware of the fifty (50) foot setback requirement and took all steps possible to comply with the 50 foot setback. At the time of erection of the billboard sign, C&E and its construction contractors measured exactly 50 feet from a property pin placed at the comer of the property marking the property line. The billboard sign was erected so that leading edge of the sign closest to the property line had exactly a 50 foot setback. Unbeknownst to C&E or the property owner, the property pin upon which they relied in measuring the setback had been incorrectly placed many years ago. It was only after the City of Wheat Ridge questioned the setback that C&E retained a certified property surveyor to measure precisely the property lines. After completion of the survey, C&E and the property owner learned for the first time that the property pin had been incorrectly placed and that the setback measurements were therefore incorrect. (Exhibit E). C&E has, at its own expense, hired a certified property surveyor to conduct a complete legal survey of the property, including the location and placement of the billboard sign structure. As of today, March 29, 1996, that survey is still being prepared and will be completed some time in the next five to ten days. When completed, that survey will be provided to the City of Wheat Ridge and amended to this Application. Based on a preliminary analysis, C&E has been told by the surveyor that the property pin was incorrectly placed three-and-one-half (3 1/2) feet South of the true property line. The effect of this incorrect placement was to mislead C&E and its construction contractor such that the billboard sign was erected in a position where the structure had only aforty-six (46) foot setback. If the pin had been correctly placed, C&E and the construction contractor's measurements of the sign placement would have been correct and the setback for the sign would have been exactly 50 feet, as required by the permit. C&E hereby requests a "minor variance" from the City of Wheat Ridge allowing the billboard sign structure placed on the property to have a setback of 46 feet from the front property line, less than the permitted and required 50 foot setback from the property line, as a Attachment to C&E Variance Application Front Yazd Setback Variance March 29, 1996 Page 3 result of the incorrect pin placement. The variance sought in this Application does not exceed ten per cent (10%) of the minimum or maximum standard set forth under the Wheat Ridge Zoning Code, and therefore qualifes for a minor variance. Sec. 26-6(D)(2)(a)(1). Further, this Application satisfies the Review Criteria set forth in Section 26-6(D)(2)(c) of the Wheat Ridge Zoning Code governing variances. R. Review Criteria under Section 26-6(D)(21(c) for Variance Requests. _ This Application, and the facts set forth in this Attachment, substantially comply with and support the Review Criteria for Variances from the Wheat Ridge Zoning Code, as follows: 1. Can the property in question yield a reasonable return in use, service of income if permitted to be used only under the conditions allowed by reeulation for the District in which it is located? If the billboazd sign structure erected by C&E is permitted to be used only under the conditions allowed by the Zoning Code, the structure will have to be moved at substantial expense and hardship to the Applicant. The billboard sign structure cannot yield a reasonable return in use, service, or income if it is permitted to be used only under the Zoning Code Regulations. Therefore, the minor variance should be granted in order to allow the billboard structure to remain located where it is, with aforty-six (46) foot setback from the front property line, and thereby realize a reasonable return in use, service and income. 2. Is the plight of the owner due to unique circumstances? _ The plight of C&E is due to unique circumstances because the property pin placed a[ the corner of the property many years before was placed incorrectly. The Applicant, C&E, as well as the property owner, Daniel R. Dearing, both relied on the reasonable assumption that the property pin was placed in the correct location. The measurement of the setback for the billboard sign was made directly in reliance on the property pin. The plight of the owner is due to unique circumstances because incorrect placement of the property pin will not occur again, nor is it a common occurrence on other properties. 3. If the variation were Qranted would it alter the essential character of the locality? Granting- the variance requested in this Application would not in any way alter the essential character of the locality. As stated, this property and all adjoining property is zoned for Planned Industrial Development. The present uses of all adjoining property involves Attachment to C&E Variance Application Front Yard Setback Variance March 29, 1996 Page 4 commercial and industrial uses, including warehouses and manufacturing plants. A variance allowing the billboard sign structure of C&E to be located four feet closer to the front property line, which virtually abuts Interstate 70 West, would in no way alter the essential character of the locality. 4. Would the particular physical surrounding shape or typographical condition of the specific prope~i y involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? If the strict letter of the regulations were carried out with regard to this particular billboard sign structure, this would result in a particular hardship upon the Applicant because it would require relocating the billboard sign structure at great expense. 5. Would the conditions upon which the petition for a variation is ba ed be applicable, eg neratly, to the other property within the same zoning classification If any other property within this same zoning classification had undertaken the construction of a structure or billboard sign based upon an incorrectly placed property pin, the conditions of this variance would apply to that request as well. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the pro>~rt~ Yes, the billboazd sign structure is a commercial enterprise. 7. Has the alleged difficulty or hardship been created b~any erson recently having an interest in the property?. No, the difficulty or hardship has been created due to the incorrect placement of a property pin many years before by a person unknown. It is likely that the property pin was placed by a property surveyor under the direction or supervision of the County of Jefferson or the City of Wheat Ridge. Neither the property owner, Daniel R. Dearing, nor the Applicant, C&E, had any involvement in the creation of the difficulty or hardship which has resulted from the incorrect placement of the property pin. S. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? _ _ . _ _ Attachment to C&E Variance Application Front Yard Setback Variance March 29, 1996 Page 5 A variance allowing the billboard sign structure to be placed with a setback from the front property line of forty-six (46) feet as opposed to fifty (50) feet would not in any way be detrimental to the public welfare or injurious to other property located in the neighborhood. A variation of four feet would only move the billboazd sign- structure closer to the front property line, which virtually abuts Interstate 70 West. The properties adjacent to the property on which the billboazd sign is located are engaged in commercial and industrial activities, which would not in any way be affected or injured by a variance regazding the billboard sign setback. 9. Would the imposed variation impair the adequate supply of light and air to _ _ adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endan eg r the public safety or substantially diminish or impair ~ropertv values within the neighborhood Again, the proposed variance would not in any way result in a detrimental impact on a adjacent property or on the neighborhood. The variation would not in any way impair the light or air of adjacent property, nor injure the general characteristics of the neighborhood. The variation would only avoid an unnecessary hardship on the Applicant resulting from the improper placement of the property pin. The requested variance would not increase congestion, fire dangers, or public safety dangers, nor would i[ impair or diminish property values. III. Conclusion. For the foregoing reasons, the Applicant respectfully requests that the City of Wheat Ridge grant a minor variance for the C&E billboard sign structure located on the property at 10501 W. 48th Avenue North to allow a "front yard setback" of forty-six (46) feet from the front property line, rather than fifty (50) feet as set forth in the Wheat Ridge Zoning Code. ~, CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: April 25, 1996 DATEPREPARED:April 17,1996 CASE NO. & NAME: WA-96-11 / C and E CASEMANAGER:Sean McCartney Communications - _-0N_-~__¢TIE - ~ An application by C and E Communications for the approval of a 5' -front yard setback variance to the 50' front yard setback requirement TION OF REQUEST: ~_- --Frontage--Road.,.=~7'orYki~_ NAME & ADDRESS OF '?~~?'{S) -__,_ommunica ions 4926 SW Corbett, #205 Portland, Oregon 97201 NAME & ADDRESS OF NEFt(S) - - -_.-Dearing-' 10501 I-70 Frontage Road, North Wheat Ridge, Colo. 80033 ------------------------------------ APPROXIMATE AREA: 50,939 square feet PRESENT `_ _ _ ndus real Deve opmerit PRESENT iII~E _oun_r~-u-°--- ° ys. SURROUNDING ZONING: W:Planned Industrial Development, E: Commercial-One, Nand S: Agricultural-One SURROUNDING LAND USE: W: Warehouse, E: Heavy Equipment Rental N: and S: Interstate Highway 70 -------------------------------------- DATE PUBLISHED: April 11, 1996 DATE POSTED: April 11, 1996 DATED LEGAL NOTICES SENT: April 11, 1996 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED -- RELATED CORRESPONDENCE: ( ) ( ) NONE --- CO ( i)-COMPREHE VE PLAN ~ T _RTALS-_ ~- - ~ I CE ~-~IBI'TS _ ( ) SUBDIVISION REGULATIONS ~'S~„'1'HE~~~C ~E I3SCTIQN': ----- The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. - _ 1 - t Board of Adjustment Staff Report Page 2 Case.No. WA-96-11 C~ case. There aren't any unique circum"stances that can be applied to this ~1$?-7N"" t.~ f~-91^ r,~.tr,~,v~~ .Q.+,.~1~. ~' ~ (.wC.~ ~jJ~7/ 'I~ ~~/~- I. REQIIEST ~ X02 The applicant is requesting approval of a~~' front yard setback variance to the 50' front yard setback requirement for the placement of an existing illegal billboard. Approval of this request would allow the billboard to remain approximately 45' from the front property line. ~t5,~3. The existing billboard, which is located at 10501 I-70 Frontage Road North, was erected with non-conforming setbacks and height.' When a billboard or.any other structure is erected, measurement of it's setback is done so from the leading edge of the sign or structure. Chief Building Inspector, John Eckert, was asked to inspect the location and check for it's non-conforming stature. It was through this inspection that the billboard was found to be located at 45' from the front property line, not the required 50'. As Section 26-412 (a)(3) of the Wheat Ridge Zoning Ordinance crarec ~~~~~Y-~!P,e,,,,,,,~,,~,ygc~~e~ The billboard is located in the Planned Industrial District (Becker Industrial Park Amendment), and section 26- 25(3)(d)states "setback requirements for buildings adjacent to .the perimeter of -a Planned Industrial Development District shall be established using setback regulations set forth in the Light Industrial (I} zone district". According to Section 26-24(H)(5), the front yard setback requirement for a structure in the Light Industrial (I) zone district shall be - _eet ~r,~~:mum _'~-_ II. CRITERIA Staf£ has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Can the property in question yield a _ -1e return in use, - - -- -_-- service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? - The building permit was originally approved on the basis that a 50' front yard setback could be met. The addition to the. High Country Auto Body has a setback of 80' from the front property line. This distance allows for a billboard sign of atleast 30', not counting the amount of sign that can overhang roof of the addition. 2. Is the plight of the owner do to e-circumstances? h . ~ _a "£er_ .. _ -e - -ens-eabial: _ 3. If the variation were granted, _.___ character of the locality? ~o_ In the current location, a structure which encroaches a_50' front yard setback by 4', is relatively unnoticed. 4. Would the particular physical surrounding, shape or topographical conditi of the specific property involved result in a particular p (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The property has no unusual shape or topographical features that would create a particular hardship ~,~,-~ ~~^r-//yam ~~~~~~~ ~~~ ~~ ~CR.iv~-.o~- /~,.,~ ~ ~ ~ZB~c~~~~m 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes.. A illboard, which is erecte ~n a specific zone district, is ~requ' d to conform to setbacks e ablished for a principal structu,,rle~+~icn/~, tha zone d~ j4'~-y~`~j ~ e:G~i-~~ ~"„ G=e~'~ " l '-')tid ~!s-t -~ 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Yes. For the billboard to conform to the current setback regulations, it would cost the applicant a fee to remove and relocate the sign. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The hardship of this variance was specifically self-imposed. If the applicant had 1_-~t~~Gn the h • ~ a • ~g--pgrmrt-(3-z-~-ma~x~mu~-i3e-gh-t~~ sc~tbac]c.) ~o tta-r~i-drip--would 8. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. The billboard would not effect the health, safety or welfare of .the surrounding neighbors. __ 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? No. The proposed billboard would not impair the supply of light or air to adjacent properties, nor would it increase congestion. ---- Pi ,~~~ r rn~ •• F -sca i al~~a s G;h+ini~o j m..~..:.€~ + ~~ PID 1 n=-0:~^ ~ - I 1 , N_ T !6 1 JIIJ d'gZSH-< ` - __ _.. ~"1:- 1 ~. 1 1 ^i ' p 1 N' YYY hV°_ ~~, Q~ ~~ P I D i _~„~.~- _ ~~~~ ~-a_, l ".Z-n. o •.-"PID PID ~' ~b 'nizf~l'..~'i~ i 1 j j 050 i (-70 ~RLPli7~t~ '~ ~ ~ . --rte--; ,;;>, s,w~ SAS-GL_ _ _'_3• „ p'+ nvE -, G- I i " . ,..__ i :., - ---_= - ~ :,; ~ \ ; ~•._ ^_ ZO~lll'~6 MAP `~~``- WHEN ill DGE - =Aece:.i~D° 9C ,D~~ - - _ _ COLOi~t~DO _ _. _ ~~-Y , ,M,~ _,,,_ ~b M%,? ADO?'ED: one 19. 194A - - •. raA7~i =?A'~K_ - - - ~45~ ~tvi5~0^ .^000^1LG' ~=, ~~~ J6~O J "w_ ~ =ADD\=~.SCJ _ ~~ .,/ ~. ttt ~~-~-,•'~- i ~ ~ '.-- 6 -~ ~ X - ( 1 x _ J ' ~ ~ ~ I s ~ ~ ~~~,~ ~ o ~ b ,' ~ -'~ X a o .. i ~ 0 ,~ r-`~ - _ -- - ,:. (~~ v x ~- ~ - ~ Z ~ ~" k ~ a~ ~s I z 1 y ~-- -~- ~-- x ----~-- - - v ~i.I~l U vr.,_ .~ ~ Q -~ X ~, fi ~ ~,.~ . ~ n pb I ~ G ~ ~ ~ ~~ ~ _ m 1R x r ~ _1 ~ z VI 1` ~_ ~ f L ~,~ W~ G_ , ~ ~ D ' . ~ j1o.33~ ~.~~- I---~ i 4~ I W ! ~- S.6 F x r I~ r X j _. x ii1 J,.= >:, %+ m r •tI. . .Q C me c~>!y of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 TO: Sean Mc Cartney FROM: John Eckert SUBJECT: Case#'s WA 96-i1 & 12 DATE: April 17, 1996 Wheat Ridge On February 22, 1996 I received instructions. to .investigate a billboard erected at 10501 West,_I-70 Frontage Road North. After an on site investigation, the following items were noted: 1. The sign appeared to be at least 50' high. This was established by measuring from the bottom of the ladder to the ground and then adding 12" for each ladder. rung,_and 4' for-each horizontal panel of the sign. 2. The concrete at the base of the sign was soft enough that pieces could be dislodged with minimum effort. Upon questioning people from High Country Auto Body, it was stated to me that the concrete was less than 24 hours old. After returning to the office, I reread the concrete sections of the Uniform Building Code, and it is my opinion that Section 2606 indicates that the concrete. may not meet the specified 1nca1 requirements. (303) 234-5900 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX. 2352949 f DEPARTMENT OF PLANNING AND DEVELOPMENT Building F'ermrt Number : 2449 BUILDING INSPECTION DIVISION - 235-2855 ' CITY OF WHEAT RIDGE Date : 12129/95 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 ~~~ Property Owner: Property Address : 10501 I-70 FRONTAGE RD N Phone Contractor License No. ~ ~ Company: Phone: OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the xtbad(distances proposed by this permit application are axurata. and do not violate applipble ordinances, rules or regulations of the City of wheat Ridge or covenants, easements or restdctions ofr~ cord; thatall measurements shown, and allegations made are accurate; that I have read arts! agree t(Sabide by all conddions printed on this application, and that I assume full [esponsrbil'r{y for compliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wh ~ idg® ordinances, for work under this permit (OWNER)(CONTRACTCR)SIGNED ~y_ ~ ~ _pg7E~ __ ., Description : BILLBOARD 14' X 48' 32' BILLBOARD Construction Value : $25,000.00 Permit Fee : $252.00 Plan Review Fee : $0.00 Use Tax: t$37§ Total : ~ $62~~e ~~ ~'l oU' st I BACK SOUTH, 5' SETBACK WEST Approval : GG 12129!95 Zoning : pID ~1?f2f7tl~~d~ frillf&i1t83 Approval: Approval: Occupancy : Walls BUILDING DEPARTMENT USE ONLY APPROVED PURSUANT TO WHEAT RIDGE CODE SECTION.. 26-412 (C) (1). RELOCATION OF B-i ZONE BILLBOARD LOCATED AT APPROXIMATELY 7701 W 44TH AVE " PROPERTY OWNER: DANIEL DEARING DBA AS HIGH COUNTRY AUTO BODY) "'COMPANY : C & E COMMUNICATIONS Roof : Stories : Residential Units Electrical License No Company: Expiration Date Plumbing License No Company Expiration Date Mechanical License No Company Expiration Date Approval : Approval : Approval ~ ]• ~ I (t) This pennn was ecsued in acc«tlance with ax provisions set loran in Reguations arx) Building Code of What Ridge, Colorado «arty atMr~r epdKalgn and rs sugect in aie taws of the SUte of Coloratlo end fn a,e Zoning (2) This pennh Snell expn a (A) the work auawrized'u not commenced wM~icade ordinaries of tM City. abandoned t« a pero0 of 120 days. a~Y ( ) days h°rn issue date «(e) ate building auttarized is suspended a (3) If mis pemvt exgres, a new permit may be ecRUirM for a fee of ono-haH tiro amount norrnaay requtted, provided rq Ganges have been «wtll be made in ate original plans and spedfications aM airy suspension «abandonmenl has not exceeded one (1) year, If tlanges era matla «d suspension «abantlonment exceeds one (1) Year. lull fees shall ba paid for a new pertnn (8) No work of erry manner enaa be done that wia mange tl>e natural now of water reusing a drainage problem, (5) Contrac{« shall notify tiro Building InspeUOr twenty tour (29) boon in aWarKe for all proceetlnrp with auaeasive phases of the fop, aupacDOrss end shall receire wriaen approval on insprictlon Lard before (6) The iuua o1 a permit « the apgoval o(drawirgs aM specifirati«u anan mnstrueo m De e of the bui i cod «arry rAher~«d/in]a~/r~~e law, Tula «regulation, l>e~d for, nor an appro+al of, any violatron or are pmvisloru Chief ullding Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION ~~'°~~l Applicant's Exhibit Packet STATEMENT OF C&E COMMUNICATIONS, INC. IN SUPPORT OF ADMINISTRATIVE PROCESS APPLICATION REQUESTING "FRONT YARD ETBA IC" VARIANCE FROM CITY OF WHEAT RIDGE ZONING ORDINANCE. C & E Communications, Inc. ("C&E" or the "Applicant") hereby submits this statement in support of its Administrative Process Application for a Variance from the "front yazd setback" provisions of the City of Wheat Ridge Zoning Code (the "Application"). C&E is a lessee of a portion of the property located at 10501 W. 48th Avenue North, which is situated within the municipal boundaries of the City of Wheat Ridge, Jefferson County, State of Colorado. C&E has obtained a Power of Attorney from the property owner authorizing C&E to submit this Application for a Variance. ~ sec. 26-6(D)(1)(b). (Exhibit A). The property is zoned by the City of Wheat Ridge for Planned Industrial Development - ~~ ('PID ), pursuant to Section 26-25, "Planned Development District," Wheat Ridge Zoning Code. The owner of the property, Daniel R. Dearing, has developed the parcel for commercial and industrial uses, and presently operates an auto body shop on the property. The property is bounded on the South by Interstate Highway 70 West, on the North by a PSC Right-of--Way, on the West by the Volant Company Commercial Warehouse and Manufacturing Operations, and on the East by additional commercial development. On January 24, 1996, C&E entered into a Lease with the property owner, Daniel R. Dearing, in which C&E acquired a leasehold interest in the property for the purpose of erecting a billboard sign structure on the property. (Exhibit B). The Lease is for a term of twenty (20) years, and provides C&E with the right to access to the Leased Premises for purposes of erecting, repairing and maintaining the billboard sign structure. Pursuant to the foregoing leasehold interest, C&E erected a single pole billboazd sign structure on the property at 10501 W. 48th Avenue North on or about February 27 and 28, 1996. The billboazd sign was erected and constructed in full compliance with all applicable building code and industry standards regazding such structures. (Exhibit C). The billboard sign structure is presently completed and ready for operation, except for the completion of the electrical lighting by a certified electrician. Completion of the billboard sign will be accomplished immediately following approval of this Variance Application. I. Request for Variance Regarding Front Yard Setback. _ The City of Wheat Ridge regulates the placement and construction of outdoor advertising devices, commonly referred to as "billboard signs", pursuant to the Sign Code in Chapter 26, Article IV, of the Wheat Ridge Zoning Code. Wheat Ridge Zoning Code, Sec. 26-401, et seo. Pursuant to Sec. 26-412, the City of Wheat Ridge is divided into two separate billboard districts -- B-1 and B-2. Sec. 26-412(a)(1). The Applicant's billboazd sign is erected on property located in the Wheat Ridge B-2 District. Under the Wheat Ridge Sign Code, billboazd signs erected on property in the B-2 District are required to have setbacks from the property line "as required for a principal structure in the zoning district where located." Sec. 26-412(c)(3). Attachment to C&E Variance Application Front Yard Setback Variance March 29, 1996 Page 2 As stated, the property located at 10501 W. 48th Avenue North is zoned PID. Under section 26-25(IV)(B)(3)(d), "setback requirements for building adjacent to the perimeter of a Planned Industrial Development District shall be established using setback regulations set forth in the Light Industrial District (I)". The Zoning Code provides that structures located in the Light Industrial District (I) shall have a "front yard setback" of "fifty (50) feet minimum." Sec. 26-24(H)(5). Prior to installation and erection of the billboard sign on the property, C&E obtained a Building Permit, No. 2449, from the City of Wheat Ridge authorizing the construction of the billboard sign. (Exhibit D). The permit was issued on December 29, 1995, and provided for the erection of the billboazd with a "50 foot setback South". C&E and the property owner, Daniel R. Dearing, were aware of the fifty (50) foot setback requirement and took all steps possible to comply with the 50 foot setback. At the time of erection of the billboard sign, C&E and its construction contractors measured exactly 50 feet from a property pin placed at the corner of the property marking the property line. The billboazd sign was erected so that leading edge of the sign cIosesr to the property line had exactly a 50 foot setback. Unbeknownst to C&E or the property owner, the property pin upon which they relied in measuring the setback had been incorrectly placed many years ago. It was only after the City of Wheat Ridge questioned the setback that C&E retained a certified property surveyor to measure precisely the property lines. After completion of the survey, C&E and the property owner learned for the first time that the property pin had been incorrectly placed and that the setback measurements were therefore incorrect. (Exhibit E). C&E has, at its own expense, hired a certified property surveyor to conduct a complete legal survey of the property, including the location and placement of the billboard sign structure. As of today, March 29, 1996, that survey is still being prepared and will be completed some time in the next five to ten days. When completed, that survey will be provided to the City of Wheat Ridge and amended to this Application. Based on a preliminary analysis, C&E has been told by the surveyor that the property pin was incorrectly placed three-and-one-half (3 1/2) feet South of the true property line. The effect of this incorrect placement was to mislead C&E and its construction contractor such that the billboazd sign was erected in a position where the structure had only aforty-six (46) foot setback. If the pin had been correctly placed, C&E and the construction contractor's measurements of the sign placement would have been correct and the setback for the sign would have been exactly 50 feet, as required by the permit. C&E hereby requests a "minor variance" from the City of Wheat Ridge allowing the billboard sign structure placed on the property to have a setback of 46 feet from the front property line, less than the permitted and required 50 foot setback from the property line, as a Attachment to C&E Variance Application Front Yard Setback Variance March 29, 1996 Page 3 result of the incorrect pin placement. The variance sought in this Application does not exceed ten per cent (10%) of the minimum or maximum standazd set forth under the Wheat Ridge Zoning Code, and therefore qualifies for a minor variance. Sec. 26-6(D)(2)(a)(1). Further, this Application satisfies the Review Criteria set forth in Section 26-6(D)(2)(c) of the Wheat Ridge Zoning Code governing variances. II. Review Criteria under Section 26-6(D)(21(cl for Variance Requests. This Application, and the facts set forth in this Attachment, substantially comply with and support the Review Criteria for Variances from the Wheat Ridge Zoning Code, as follows: L ran the propert~in question yield a reasonable return in use, service of income if nermitted to be used only under the conditions allowed by regulation for the _ _ District in which it is located? If the billboard sign structure erected by C&E is permitted to be used only under the conditions allowed by the Zoning Code, the structure will have to be moved at substantial expense and hardship to the Applicant. The billboard sign structure cannot yield a reasonable return in use, service, or income if it is permitted to be used only under the Zoning Code Regulations. Therefore, the minor variance should be granted in order to allow the billboard structure to remain located where it is, with aforty-six (46) foot setback from the front property line, and thereby realize a reasonable return in use, service and income. 2. Is the Alight of the owner due to unique circumstances? The plight of C&E is due to unique circumstances because the property pin placed at the comer of the property many years before was placed incorrectly. The Applicant, C&E, as well as the property owner, Daniel R. Dearing, both relied on the reasonable assumption that the property pin was placed in the correct location. The measurement of the setback for the billboazd sign was made directly in reliance on the property pin. The plight of the owner is due to unique circumstances because incorrect placement of the property pin will not occur again, nor is it a common occurrence on other properties. 3. If the variation were granted would it alter the essential character of the locality? Granting the variance requested in this Application would not in any way alter the essential character of the locality. As stated, this property and all adjoining property is zoned for Planned Industrial Development. The present uses of all adjoining property involves Attachment to C&E Variance Application Front Yazd Setback Variance March 29, 1996 Page 4 commercial and industrial uses, including warehouses and manufacturing plants. A variance allowing the billboard sign structure of C&E to be located four feet closer to the front property line, which virtually abuts Interstate 70 West, would in no way alter the essential character of the locality. 4. Would the particular physical surrounding. shame or typographical condition of the speci#ic prooerty involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? If the strict letter of the regulations were carried out with regard to this particular billboard sign structure, this would result in a particular hardship upon the Applicant because it would require relocating the billboard sign structure at great expense. 5. Would the conditions upon which the petition for a variation is based be annlicable, generally, to the other property within the same zoning classification?__ If any other property within this same zoning classification had undertaken the construction of a structure or billboard sign based upon an incorrectly placed property pin, the conditions of this variance would apply to that request as well. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the ~rooertx? Yes, the billboard sign structure is a commercial enterprise. 7. Has the alleged difficu~ or hardship been created by anv person presently having an interest in the property? No, the difficulty or hazdship has been created due to the incorrect placement of a property pin many years before by a person unknown. It is likely that the property pin was placed by a property surveyor under the direction or supervision of the County of Jefferson or the City of Wheat Ridge. Neither the property owner, Daniel R. Dearing, nor the Applicant, C&E, had any involvement in the creation of the difficulty or hardship which has resulted from the incorrect placement of the property pin. 8. Would the rg anting of the variations be detrimental to the public welfare or iniurious to other ~roQerty or improvements in the neighborhood in which the prooerty is located? Attachment to C&E Variance Application Front Yard Setback Variance Mazch 29, 1996 Page 5 A variance allowing the billboard sign structure to be placed with a setback from the front property line of forty-six (46) feet as opposed to fifty (50) feet would not in any way be detrimental to the public welfaze or injurious to other property located in the neighborhood. A variation of four feet would only move the billboard sign structure closer to the front property line, which virtually abuts Interstate 70 West. The properties adjacent to the property on which the billboazd sign is located are engaged in commercial and industrial activities, which would not in any way be affected or injured by a variance regarding the billboard sign setback. 9. Would the orooosed variation impair the adequate sunoly of light and air to adjacent orooerty or substantially increase the congestion m the oublic streets or increase the dancer of fire or endan ep r the public safety or substanttally dimmtsh or impair orooerty values within the neighborhood? Again, the proposed variance would not in any way result in a detrimental impact on a adjacent property or on the neighborhood. The variation would not in any way impair the light or air of adjacent property, nor injure the general characteristics of the neighborhood. The variation would only avoid an unnecessary hardship on the Applicant resulting from the improper placement of the property pin. The requested variance would not increase congestion, fire dangers, or public safety dangers, nor would it impair or diminish property values. III. Conclusion. _ For the foregoing reasons, the Applicant respectfully requests that the City of Wheat Ridge grant a minor variance for the C&E billboard sign structure located on the property at 10501 W. 48th Avenue North to allow a "front yard setback" of forty-six (46) feet from the front property line, rather than fifty (50) feet as set forth in the Wheat Ridge Zoning Code. Daniel R. Dearing HIGH COUNTRY AUTO BODY 10501 W. 48th Avenue Wheat Ridge, Colorado 80033 Chris Cazlile, President C & E Communications, Inc. 4926 SW Corbett, Suite 205 Portland, Oregon 97201 March 29, 1996 Re: Billboard Sign located at 10501 W. 48th Avenue, Wheat Ridge, CO Dear Mr. Cazlile: I hereby provide you, Chris Cazlile, President of C & E Communications, Inc., with Power of Attorney to file a Variance Application with the City of Wheat Ridge regazding the billboard sign that you have erected on my property pursuant to the January 24, 1996 Lease entered into between myself and C & E Communications, Inc. You aze hereby authorized to submit an Application seeking a variance of four (4) feet regazding the setback of the sign from the property line. If you have any questions in this regard, please feel free to contact me. Sincere~~`~ }""" U Daniel R. Dearing STATE OF COLORADO COUNTY OF JEFFERSON ss. SUBSCRIBED AND SWORN TO before me thiso7~'`'day of Mazch 1996, by Daniel R. Dearing. Witness my official hand and seal. ~,~20 -~} S= fission expires: / 9 ~ \,, -~ ; NO ARY PUBLIC s~~ a~t1BV~6~Q~$ ~ of co`' SIGN (BILLBOARD) LEASE THIS LEASE is entered into by and between Debra Lee Dearing and Daniel R. Dearing, collectively referred to as "Lessor" and C & E Communications, Inc. as "Lessee". RSCITALB: A. Lessor is the owner of a parcel of real property bearing address of 10501 West 48th Avenue North and which is located within the municipal boundaries of the City of Wheat Ridge, Jefferson County, State of Colorado. Said parcel is developed and occupied. The parcel abuts the north service road of Interstate 70 West. Lessee desires to lease a small portion of said real estate for purposes of constructing and maintaining one free standing flat faced billboard to be erected on and supported by a single pole. B. This Lease is subject to and conditioned upon the City of Wheat Ridge, Colorado, having issued unto C & E Communications, Inc., a building permit which permits the construction and erection of one free standing flat faced back to back billboard, (hereinafter called the "Sign"). C. The location of the Sign post is set forth on Exhibit B attached hereto and made a part hereof. LEASE TERMS 1. The Great. Lessor hereby leases and grants to C & E Communications, Inc., as Lessee, a leasehold interest in that property described on Exhibit A attached hereto and incorporated herein by reference. (The Leased Premises encompasses only a portion of the real property owned by Lessor at the address of 10501 W. 48th Avenue North, Wheat Ridge, Colorado). The Grant is limited to the use limitation and reservation provisions set forth in paragraph 3 of this Lease. 2. Ingress/Egress. Lessee shall have the right to access the Leased Premises for purposes of erecting, altering, maintaining, replacing, repairing, and removing the Sign, the single pole and all equipment relating to such Sign. Lessee shall only access the subject easement by use of the existing driveway lying on the south side of Lessor's real property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. In no case shall Lessee restrict, block, impair, or impede Lessor's rights of ownership and/or use of the driveway and parking area. Lessee may only access the subject Leased Premises during business hours of 8:00 a.m. through 5:30 p.m. Monday through Friday. ~! '~~~ i r 3. IIse Limitation/Reservation. Lessee's use of the Leased Premises is limited to and for the erection and maintenance of the Sign to be constructed on a single pole. No portion of the Sign other than the single pole, shall be attached to the earth. No portion of the Sign or its components shall be attached to any building(s) located on the real property owned by Lessor bearing address of 10501 W. 48th Avenue North, Wheat Ridge, Colorado. All other uses which could be made of the Leased property are specifically reserved to and for the benefit of Lessor. Provided the Sign is not less than IB' high at the lowest point on the single pole, the Sign may encroach (Northward) into the airspace above the building on the Lessor's property. - 4. L®ase Term. This Lease shall commence as of the date of-January 20, 1996 and shall end on the date of December 31, 2015,. unless earlier terminated as provided in paragraph 6 below. 5. Rent. Lessee shall pay unto Lessor or to such individuals as Lessor might designate in writing, as and for rent of the Leased Premises for the full term of said Lease, the total sum of $246,050 payable as follows: a. A lump sum payment of $10,000 payable upon execution of the lease. b. The sum of $50,000 payable during the first five years of this lease in five annual rent payments of $10,000 each, payable in advance January 20, 1996 and on the first day of January of each year thereafter. c. The sum of $55,000 payable during the second five years of this lease in five annual rent payments of $11,000 each, payable in advance on the first day of January of each year, commencing January 1, 2001. d. The sum of $60,500 payable during the third five years of this lease in five annual rent payments of $12,100 each, payable in advance on the first day of January of each year, commencing January 1, 2006. e. The sum of $66,550 payable during the fourth five years of this lease in five annual rent payments of $13,310 each, payable in advance on the first day of January of each year, commencing January 1, 2011. -._:, 2 ., ~ ~ ~ r ~~Y~' `<' i/rv1 d`, 1tJ 1T 6. Early Termination. Lessee shall have the right to terminate this Lease at any time upon payment of a "early termination fee", which fee shall be in the sum of $15,000. Early termination shall not entitle Lessee to a refund or credit of .any portion of any advanced rental or other payment(s) which may have been paid by Lessee to Lessor. 7. Non-Interference. Each of the parties hereto agree that inasmuch as each shall be using a portion of the property which is owned by Lessor, that each shall exercise reasonable prudence to hot obstruct or impair the other's rights as same may relate to the ownership of and leasing contemplated by this document. 8. Competition/Restriction on Advertisement. Lessee agrees that the content of any advertising placed on signs erected on the Premises shall be limited to advertisements for commercial establishments, services or products including, but not limited to, the hospitality industry {such as restaurants, hotels, motels, resorts, vacation packages and similar establishments and services), the petroleum industry (such as petroleum products, service .stations, heating oil and gas products), the food and beverage industry, the communications industry (such as telephone, television and related equipment, musical and computer products), the home improvement industry (such as furniture, home furnishings, hardware supplies and home appliances), the office products industry (such as copiers, fax machines and similar products), the transportation industry (such as motor vehicles, airlines, cruise ships and similar products, but excluding items mentioned below), and the entertainment industry (such as theatrics, concerts, movies, conventions and special events. There shall never be .any type of auto body repair advertising which would/could compete with Lessor and/or High Country Auto Body. 9. Taxes. All personal property tax and other tax, other than real property taxes, associated with or concerning the billboard sign shall be born by Lessee. 10. Assignability. Lessee shall have the right to sublease, transfer or assign this Lease to others including the ownership of the improvement. Notice of such sublease, transfer or assignment shall be promptly given to Lessor. ~ Such subletting, transfer or assignment shall in no case .release Lessor from liability. .. ~:1T. il. Removal of Improvement. Upon the expiration of this Lease, based upon duration or early termination, Lessor shall remove all of the improvements and restore the property to a reasonable condition. The Sign post shall be cut off below grade and the surface restored to a reasonable condition. 12. Obligation of Successors. All of the rights and obligations under this Lease shall apply to and bind the heirs, successors, executors, administrators, transferrees, assigns and sublessees of the parties hereto. 13. Eminent Domain If any part of the Leased Premises is taken by eminent domain or if the billboard can no longer be used for sign display as a result of taking by right of eminent domain or by reason of any other governmental action, the damages for such taking or action shall be apportioned between the Lessor and Lessee as their respective rights and interest may be. 14. Building Permit Requirement. This Lease is subject to the condition that the City of Wheat Ridge, Colorado, has issued unto C & E Communications, Inc. a building permit which permits the erection of the Sign to be located on the Leased Premises. Lessee has represented that it has obtained a valid building permit for the erection of the Sign. 15. Subordination to Mortgage Interest. Lessee agrees that this Lease is subordinate to all existing mortgages and shall be subordinate to all future mortgages under which Lessor is mortgagor provided said mortgage(s) do not interfere with Lessee's rights under this Lease. Subject to protecting Lessee's rights under this Lease, Lessor unconditionally agrees to execute such subordination agreements as existing or future mortgagees may require as a condition of the mortgage. In the event of Lessor's default, Lessee shall have the option, but not the obligation, to cure Lessor's default by making payments directly to the mortgagee, Lessee shall be entitled to credit such payment against future rental payments due under the terms of this Lease. 16. Recording. Lessee may record this Lease or any memorandum thereof. ~~ _ 4 ~ _ . ~~ ..... ~ ~~ ~._ b;~+ ~ ~ INIT. 17. Applicable Law. This Lease shall be governed by the Laws of the State of Colorado. 18. Notices. Any notices, including notice of default, to be given hereunder shall be personally delivered or sent, postage prepaid by certified United States mail, return receipt requested, to the respective address set forth below or such other address of either party or their assignees shall designate in writing from time to time. LE880R8: (~ ., Debra 3,ec Daring , j Daniel R. Dearing Address : /L~~(~ l Zvi . `~~' ' T ~'F fir', T t.~-, ~- STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) '-~ ~-. ~ Date L 1-~y-96 Date THE FOREGOING instrument was acknowledged before me thisc2~~ day of January, 1996, by Debra Lee Dearing and Daniel R. Dearing, as Lessors. r ~ // \\`pgwrormnnc• )CYt.tQ-Fi..h ~./) `~"f ~'. `~~o``~~~,. ~~l..q'';• Notary Public ~ ...... c'?a ~ / • '•• ~• _: 'h i~~~{~.RY `•: ® _ My commission expires: 12/28/97 a : ~p~o"~"G ; a '`.PU6L~, a, ~~••.~. ~;' 0.r` 4TF OF GO~,O;~~.~ r • 1 ~~ 5 ~` ~~ er~ir. JJ LESSEE: C & E Communications, Inc. ~~ By: Chris Car~ile, /Prresident / ate Address: [.~17/ L1cj (~z•~f~_~' `~~~~~'~.~.~j STATE OF ~-~%~~(C~c~U ) • ) ss. G..~c~5 COUNTY OF I~P.rt /P.,i " ) / ,~ y P V 6 FOREGOING instrument was acknowledged before me this ~ 7" Q'$ay"• ~ anuary, 1996, by Chris Carlile, President of C & E ~~~ Co c ions Inc, as Lessee. °~ E~` ~ ~ , zg G,SNPMi ~~,~. ~~/,, n~ I '~~~;~g ~~CcJ ~L ~~~7L~ ~~~~, Notary Public My commission expires: ATTEST: Secretary :~~_ ~._. ~~ i:~ 6 My Commission Expires Nov. t?3,199g 41017th Street, 22nd Fbcy A4mei, C4rorddo gp202 .'tc/1 I:V!T EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY FOR AND SIGN (BILLBOARD) LEASE The description of the property leased: A rectangle parcel described as follows: Beginning at the Southwest corner of "THE FOLLOWING DESCRIBED PROPERTY", thence East along the South line of "THE FOLLOWING DESCRIBED PARCEL" a distance of 32.00 feet, then North and parallel with the West line of "THE FOLLOWING DESCRIBED PARCEL" a distance of 40.00 feet to the true point of beginning, thence West and parallel with the South line of the "THE FOLLOWING DESCRIBED PARCEL" to a point on the West line of the "THE FOLLOWING DESCRIBED PARCEL", thence North along the West line of the "TSB FOLLOWING DESCRIBED PARCEL" to a point which is 5.00 feet south of the existing building (as extended West to the West line of the property), thence East and parallel with the South line of the existing building, a distance of 32.00 feet, thence South and parallel with the West line of "THE FOLLOWING DESCRIBED PARCEL" to the point of beginning. THE PROPERTY WHICH IS ABOVE REFERRED TO A8: "THE FOLLOWING DESCRIBED PARCEL" A part of the SW 1/4, SE 1/4 of section 16, Township 3 South, Range 69 West of the 6th. P.M., described as: Beginning at a point which is 789.00 feet East of the Southwest corner of the SE 1/4 of Section 16, Township 3 South, Range 69 West and 303.5 feet North of a line parallel with the East line of the SW 1/4, SE 1/4 of Section 16, Township 3 South, Range 69 West; thence, continuing Northerly along a line parallel to the East line of the SW 1/4, SE 1/4, a distance of 181.50 feet; thence, East parallel to the South line of the SW 1/4, SE 1/4, a distance of 299.70 feet; thence, South parallel to the East line of the SW 1/4, SE 1/4, a distance of 75.75 feet; thence, West parallel to the South line of the SW 1/4, SE 1/4 a distance of 30.00 feet; thence, South parallel to the East line of the SW 1/4, SE 1/4 a distance of 75.75 feet; thence East a distance of 270.30 feet to a point on the East line of the SW 1/4, SE 1/4; thence, South 30.00 feet along the East line of the SW 1/4, SE 1/4; thence West parallel to the South line of the SW 1/4, SE 1/4 a distance of 541.00 feet to the point of Beginning, EXCEPT the East 30.00 feet for roadway purposes, EXCEPT that portion described as BECKER INDUSTRIAL PARK, and EXCEPT that portion Deeded to the State Department of Highways, recorded March 1, 1982 at Reception No. 82013111, County of Jefferson; State of Colorado. ., ..__. ._.. ,~,< ,? ~.., ~~ [h?!T ~a~r~ ~~~. ~L NC e. `e, , :~w '~ .,.~' an~r7. Pna ~7.,c~ ~ Po~~ LOCATION OF POLE Eleven Feet East of West Fence Line and Eight Feet South of South Line of Proposed Building EXHIBIT B ~1 ~( ~ SE\'f BY~BR08'\STEi\ HYaTT ~ 1-2-96 ~ 944 ~ BNFgS- 3034214309= POWER LICENSE DEBRA LEE DEARING and DANIEL R. DEARING, as "Lessor" under that certain Lease of -even date herewith with C & E COMMUNICATIONS, INC. as "Lessee" thereunder (the "Lease"), leased certain premises for the erection of a billboard sign as mare particularly set forth therein. In consideration of the Lease and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Lessor hereby grants to Lessee a license to obtain and bring electrical power for the sign across Lessor's property, as described in the Lease, at Lessees sole cost and expense. This License is co-terminus with the Lease and shall be assigned therewith, if such Lease is assigned. This License shall be governed by the laws of the State of Colorado and shall be attached to and made a part of the Lease. LESSOR: Debra ee De in Dat ~J ~-Z~~~ LGi,I,(/X ~ 2 ~/'~f Daniel R. Dearing - _ Date: i-~'-~-~~ LESSEE: C & E Name: Its:_ Date: INC. x320.1; 14x461.t T.-Company 9140 North 94th Avenue Peoria, Arizona 85345 (602) 878-4836 March 12, 1996 Christopher Carlile President C & E Communications, Inc. 4926 SW Corbett, Suite 205 Portland, Oregon 97201 Re: Billboard Sign Located at 10501 West 48th Avenue North, Wheat Ride. Colorado _- Dear-Mr. Carlile: As you know, I manufactured and sold to you asingle-pole billboard sign structure which has since been erected on the property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. I hereby certify that the abovenamed billboard sign structure has been designed and manufactured pursuant to rigid standards that ensure the billboard sign structure can be safely installed and constructed, and operate safely and effectively, at heights up to and exceeding eighty-five (85) feet, measured from ground level to the top of the billboard sign structure. I further certify that, in my professional opinion, and as provided for in certified engineering reports commissioned by my company, the abovenamed billboard sign structure is designed and manufactured to be completely safe and structurally sound when installed and constructed at a height of sixty (60) feet, measured from ground level [o the top of the sign structure. This letter, and the foregoing information, may be provided to the City of Wheat Ridge for purposes of answering any questions regarding the abovenamed billboard sign structure. If you have any questions in this regard, please call me at the above number. ~ . Van Tussenbroek Metro Sion Service P.O. Box 10296 Glendale, Arizona 85318 (602) ~ 64-7705 March 12, 1996 Christopher Carlile_ President C & E Communications, Inc. 4926 SW Corbett, Suite 205 Portland, Oregon 97201 Re: Billboard Sign Located at IOSOI W. 48th Avenue North, Wheat Ride Colorado Dear Mr. Carlile: As you know, my company and (installed a single-pole billboard sign structure for your company, C&E Communications, on or about February 27 and 28, 1996, on the property located at 10501 W. 48th Avenue Nortll, Wheat Ridge, Colorado. Our installation, which I personally supervised, took place over the course of approximately twenty-four (24) hours. I hereby certify that, in my professional opinion as an experienced and licensed construction contractor, and based on my personal observation and supervision, the construction and installation of the aforementioned billboard sign, including but not limited to the design and construction of the sign's footer and the use of special fast-drying cement iri the installation of the sign, satisfied and complied with all applicable industry standards regarding such construction. This letter, and the foregoing information, may be provided to the City of Wheat_Ridge for purposes of answering any questions regarding the abovenamed billboard sign structure. If you have any questions in this regard, please call me at the above number. Sincerely, Matt Yob President GRC En;ineering, Inc. 10537 S. Kostner Avenue Oak Lawn, Illinois 60453 (708) 424-9567 March 15, 1996 Christopher Carlile President _ C & E Communications, Inc. 4926 SW Corbett; Suite 205 Portland, Oregon 97201 Re: Billboard Sign Located at 10501 West 48th Avenue North, Wheat Ridge Colorado _ Dear Mr. Carlile: As you know, my company, GRC Engineering, provided certified engineering plans to T.'-Co., a billboard sign manufacturer, for the single-pole billboard sign structure (14' x 48' sign size) which was sold to you and has since been erected on the property located at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. I was not present at the installation of the sign structure, and have no personal knowledge regarding the installation. I have been provided the following information, certited as true by the construction contractor, regarding the installation and erection of the abovenamed sign: (i) the contractor excavated a hole on the property for the purpose of securing the billboard sign column; the hole was 17'6" deep, and had a diameter of 5'; (ii) the soil at the location of the excavation was firm, packed dirt to a depth of 9-11', and firm, rock and sand soil from a depth of 11-18'; (iii) there was approximately 6" of water at the base of the excavation; (iv) the tinal height of the sign, measured from ground level to [he top of the sign structure, is 53.4'; the H.A.G.L. for the structure is 35.9'; and (v) the contractor constructed a, sign footer to secure the sign column, in accordance with applicable industry codes and with the abovedescribed excavated hole, and utilized concrete with'a s[rengtlt of 2500 lbs., and a slump of 5". Based on the foregoing information provided to me and represented as true by the contractor, and based on the engineering calculations and plans prepared by my firm for the Christopher Carlile March 15, 1996 Page Two manufacture and erection of the abovenamed sign structure, I hereby certify that the abovenamed billboard sign structure has been installed and erected in conformance to the required engineering specifications so as to operate safely and effectively at its present height. I further certify that, in my professional opinion, and in reliance of the information provided to me, the abovenamed billboard sign structure and the concrete footer have been installed to operate in a completely safe and structurally sound manner. This letter, and the foregoing information, may be provided to the City of Wheat Ridge for purposes of answering any questions regarding the abovenamed billboard sign structure. If you have any questions in this regard, please call me at the above number. Sincerely, G. R. Carstens President DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : 2449 BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE Date : 12/29/95 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 ~ ~ Property Owner Property Address : 10501 I-70 FRONTAGE RD N Phone Contractor License No. ~E -3F Company Phone OWNER/CONTRACTOR SIGNATURE OF, UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit application are aewrate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of r~~cons; thatall measurements shown, and allegations made are accurate; that I have read artdayree t6abide by all conditions printed on this application, and that I assume full responsibjlity for compllanca with the Wheat Ridge Buikling Code (U.B.C.) and all other applicable Wh ~ idge ordinances, for work under this permit (OWNER)(CONTRACTOR) SIGNED N: ~'~ --_ Description : BILLBOARD 14' X 48' 32' BILLBOARD Construction Value : $25,000.00 Permit Fee : $252.00 Plan Review Fee : $0.00 Use Tax : ~3~§ -.6 6 ~ z s_ Total: $62:88 ~~ °dL ov JC t tlHI:R JVU I ti, 5' SETBACK WEST Approval : GG 12/29/95 Zoning : PID RIIfR~ Approval: Approval Occupancy : Walls BUILDING DEPARTMENT USE ONLY APPROVED PURSUANT TO WHEAT RIDGE CODE SECTION.. 26-412 (C) (1). RELOCATION OF B-1 20NE BILLBOARD LOCATED AT APPROXIMATELY 7701 W 44TH AVE "PROPERTY OWNER: DANIEL DEARING DBA AS HIGH COUNTRY AUTO BODY) "'COMPANY : C 8 E COMMUNICATIONS Roof : Stories : Residential Units Electrical License No : Plumbing License No : Mechanical License No Company : Company : Company Expiration Date : Expiration Date : Expiration Date Approval : Approval : Approval ~ )• ~ (1) This permit was issued in accorderwa with the provisions act forth In yopur aPdiration and is subject to the laws of the SUte of Cabredo and to Ure Zonl Regulatioru and Buildirre Code o(Wheat Ridge, Colorado err arty oMer applkable ordinances of the City. ~ (2) This pertnk shall expired (A) the work authorized is not commenced within sixty (6g) days from issue date or (B) the building authorized is suspended a abantloned for a period of 120 days. (3) It this permit expires, a new permit may be acquired for a fee of one-haH the anqunl nomialty required, provided no d~anges have been or will be made In tM original plans aM spedflrations and any suspension or abandonment has not exceeded one (1) year. If changes are made or H suspension w abandonmend exceeds one (1) Year, full lees shall ba paid for a new pertnR (4) No work of arty manner Mora be done that will Mange the naNrel flow of water causing a drainage problem. (5) Contractor shall notify the Building Inspectortwenty-four (24) hour In advance for W inspections and Mora receive wdtfen approval on inspxtion card before prawediing witlt successive ohaaes of the bb. (8) The issuan of a permit or the approval of drawings and apecfi®tiona shall construed a~ pe a of the bui i cod or any oaror ardina ,law, rule or regulation. Pertnd tot, nor an epprwat of, arty oblation of the provisions Chief ullding Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION `/089 Mar-29-~6_03:11P LJHEAT RIDGE SEGOiVD FLOOR 2352857 P_02 - ~x~ to c, 182.5[ 1 SugMi tr~-'r~ ~Y ~ - ~PL l Gnaw Nnr A GEl'Lrt~~~b ~ui2v~( ,~ -- The City o1 Wheat Ridge ADb1INISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 69est 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant C & E Communications Address 4926 SW Corbett, 1205 Phone (303) 475-7313 Portland, OR 97201 Oamer Daniel R. Dearing Address (same as "location of Phone (303) 424-9514 request") ` Location of.request 10501-West 48th Avenue North. Wheat Ridee. Colorado Type of action requested (check orie or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change ^ Flood plain special exception Interpretation of code Zone.. ine modification Public Improvement Exception- Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other- _ Detailed Description of request -See attached. List all persons and companies who hold an interest_in the described real property; as owner, mortgagee, lessee, optionee, etc_ NAME ADDRESS PHONE Daniel R. Dearing {Lessor) 10501 W. 48th Avenue North___ _ (303) 4~4=9.514 DBA Hi h Countr Auto Bod Wheat Ridge, Colorado C & E Communications (Lessees ,4926 SW-Corbett, Q205, Portland, OR 97201 303 475-7 13 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent t r ted''Sctior, cannot lawfully be accomplished. Applicants other thanes // ~/ t.s~mit power-of-attorney from the owner which approved of thi a on h's behalf. Signature_of Applicant Subs~ibed :J 1U CLfl, V.Z fi VVYfY1V LL11.6 L1V LLJ,rl l.• _ to me this ~9y` day of ~/ry 19 , ~. u /L(aL~r1l~i~ - Notary Public Dat Receipt No. Case No', My commission expires ll~j yJ . PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-96-11 DATE: April 25, 1996 REQUEST: An application by C and E Communications for approval of a 51 front yard setback variance to the 50' front yard setback requirement on property zoned Planned Industrial Development and located at 10501 W. I-70 Frontage Road North. Position On Request; ~ ; (Please Check) ; SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ~ '~~/~,~,~~.rtER. ~~ is ~ e{'c~.r ~ ! d ( ~'`~ Slree ~' ~,I,,,v CiO gc~2cn-; 1 ~5~ i f f ~~(~ ~I ~' S~;'ec~ Q~rIJ4," ~'~~f1 C~ 'I Cites 1 l.X~ ~~d La y--i 1 ~ i 1 i ~ -~ i u "rr i }~F~i~1Yt"fZ ~ v e,.~ C' ~ ~ ~l~~rt 10611 '~1 .z-7n ~ra.,~-« Qd r7 H ~_i ' i ~ i +~ 1 ,~ 1 ,~~ (-.17L-~ i _ ~N ~" / #r dpi 1 /,~j /~ 1itl ,5 "~J4~ ~ ~'` ~ ~Q ~¢ ~ ~tl 1-t ~~J ~ 1"A ~'` /1 7~"Yd 1 p C9~a f n l 9 1 1 I ~ 1 1 . ~ 1 1 i 1 1 I i 1 i' 1 i i 1 - 1 1 i e 1 I 1 ~ .. 1 1 i 1 1 1 1 i i i _ 1 . .. . i i 1 1 i i I 1 1 1 1 ; 1 1 1 i 1 i i 1 i 1 i i 1 1 1 1 ~ 1 1 I ~ i i i 1 1 1 1 1 1 I t 1 1 1 1 1 1 1 I 1 I i ~ 1 1 I 1 1 1 1 1 1 1 1 1 ~ 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - 1 1 1 i 1 i 1 1 1 1 1 1 ~ 1 i 1 _ - - 1 1 1 ; 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 i 1 1 I 1 1 CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 25th day of April , 1996. CASE NO: WA-96-11 APPLICANT'S NAME: C and E Communications LOCATION: 10501 W. I-70 Frontage Road North Upon motion by Board Member ABBOTT , seconded by Board Member ECHELMEYER , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-11 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and in recognition that there WERE protests registered against it; and WHEREAS, the relief applied for MAY NOT be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge; and With the general acknowledgement of the following: The survey corner pin which was used to measure the 50' setback by the sign contractor was in error as to location and the sign would be located correctly if (not for) following the erroneous pin. Both staff and the Board believes that the use of the incorrect pin was not with malice ar intent to circumvent the Wheat Ridge Sign Code. No correct pin was found. A building permit was applied for and issued. The variance is for less than 10~. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-96-11 , be and hereby is DENIED. Case No. WA-96-11/Resolution Page 2 TYPE OF VARIANCE: A 4.6' front yard setback to the 50' required front yard setback on property zoned Planned Industrial Development. FOR THE FOLLOWING REASONS: 1. Objections were registered by two adjacent businesses to the setback variance requested and is understood by the Board that these businesses have in the past been granted sign code variances. 2. The hardship is self imposed and importantly, when considering the hundreds of thousands of dollars in construction costs and lease payments, it seems substantially illogical and imprudent from a business standpoint that a formal survey was not conducted. 3. Although of considerable expense and potential loss of lease income, an alternative would be available by removing 4.62 feet from the south edge of the billboard. VOTE: YES: Abbott, Echelmeyer, Howard and Walker NO: Hovland and Sang DISPOSITION: Variance denied by a vote of 4-2. DATED this 25th day of April, 1996. ROBERT WALKER, Chairman Mary Lou Chapla, Secretary Board of Adjustment Board of Adjustment Csse No. WA-96-11/Resolution Page 3 Special Meeting MEMBERS PRESENT: Tom Abbott, Bill Echelmeyer, Paul Hovland, Robert Howard, Jerry Sang (interim), and Robert Walker NOTE: On April 30, 1996, 5:30 P.M., the Board of Adjustment convened at a Special Meeting held at Wheat Ridge City Hall, upon advice of_City Attorney, Gerald Dahl, specifically for the purpose of re-voting on the above stated motion. Attorney Dahl found, subsequent to the April 25 meeting, that "NO ACTION" to approve or deny Case No. WA-96-11 had resulted from the April 25 motion, therefore he asked for a re-vote in order to establish a clear record of denial or approval. Upon motion by Board member ABBOTT, seconded by Board Member, the same Resolution was stated. VOTE: YES: Abbott, Echelmeyer, Howard, and Walker NO: Sang and Hovland Again, "NO ACTION" resulted from the vote. Motion was made by Board Member SANG, seconded by Board Member HOVLAND, to continue Case WA-96-11 to May 23, 1996 for purpose of action only. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT A G E N D A Notice is hereby given of an emergency public meeting to be held before the City of Wheat Ridge Board of Adjustment on April 30, 1996 at 5:3,0 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. Case No. WA-96-11: An application by C and E Communications for approval of a 5' front-yard setback variance to-the 50' front yard setback requirement on property zoned Planned Industrial Development and located at 10501 W. I-70 Frontage Road North.. _ For a decision only. Public Hearing held and closed April 25, 1996. 3. ADJOURNMENT l/ o-~ ~ - v `~ ~9~~-tee ~ ~~- a 3~ WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: blay 23, 1996 page 27 Motion was made by Board Member ABBOTT, that Case No. WA-96- 12, an application by C and E Communications, be DENIED for the following reasons: 1. Conceptually, if not literally verbatim, and in recognition of the applicant's objections, the Board finds itself in agreement with the interpretation of the City staff whose language specifically modified in Items 6, 8, and 9 as presented related to the criteria. 2. In recognition of the applicant's arguments related to visual blocking and merging of the various sign images proximal to this site were reasonable. They would not appear to be a situation adequately unique as to vary the intent and purpose of the ordinance. 3. It is not the intent of the Board in any way to punish the applicant for the history of this application by denying this application or ignore possible harm to adjacent signage, but to interpret the intent and purpose of the ordinance to the benefit of the general public. Motion was seconded by Board Member SANG. Motion for denial • carries 7-0. Resolution attached. Mr. Chris Melcher said at this time they would like to withdraw their setback application-for Case No. WA-96-i1, as no survey has yet been located and to endeavor to find more information and re-submit. 4. CLOSE THE PUBLIC HEARING 5. OLD BUSINESS NEW BUSINESS A. Approval of Minutes Motion was made by Board Member SANG, seconded by Board Member HOVLAND, that the April 25, 1996 minutes be approved. Motion carried 5-0 with Board Members JUNKER and MAURO abstaining. 7. ADJOIIRNMENT Consensus was to adjourn the meeting. Meeting adjourned at 11:33 p.m. Mary Lod hapla, Sec etary I i 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 BOARD OF ADJUSTMENT CITY OF WHEAT RIDGE, COLORADO Case No. WA-96-11 AN APPLICATION BY C&E COMMUNI- ] CATIONS FOR APPROVAL OF A 5' ] FRONT YARD SETBACK VARIANCE TO ] THE 50' FRONT YARD SETBACK ] REQUIREMENT ON PROPERTY ZONED ] PLANNED INDUSTRIAL DEVELOPMENT ] AND LOCATED AT 10501 N. I-70 ]. FRONTAGE ROAD. ] REPORTER'S TRANSCRIPT PURSUANT TO NOTICE, the matter came on for hearing before Wheat Ridge Board of Adjustment o April 25, 1996, at 7500 West 29th Ridge, Colorado, commencing at or of .7:30 p.m. above-entitled the City of n Thursday, Avenue, Wheat about the hour MEMBERS OF THE BOARD ROBERT WALKER (Chairman) ROBERT HOWARD WILLIAM ECHELMEYER THOMAS L. ABBOTT PAUL HOVLAND JERRY SANG ~~ ~ ~~~~ BOVERIE, JACKSON & SPERA, INC. 1735 East 16th Avenue Derner, Colorado 8D21 B •1628 (3D3)329-8618 Fax (303)329-8673 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: _ CHRISTOPHER J. MELCHER, Attorney at Law, Brownstein, Hyatt, Farber & Strickland, P.C., 410 Seventeenth Street, 22nd Floor, Denver, Colorado 80202; and COLE FINEGAN, Attorney at Law, Brownstein, Hyatt, Farber & Strickland, P.C., 410 Seventeenth Street, 22nd Floor, Denver, Colorado 86202, appearing on behalf of Applicant. GERALD E. DAHL, Attorney at Law, Gorsuch, Kirgis, L.L.C., 1401 Seventeenth Streetear- Suite 1100, Denver, Colorado 80202, app ing on behalf of the City of Wheat Ridge, Colorado. GLEN GIDLEY, Director, Planning & Development, City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado. SEAN McCARTNEY, Planner, City of Wheat Ridge Planning Department, 7500 West 29th Avenue, Wheat Ridge, Colorado. MARY LOU CHAPLA, Administrative Officer l BOARD OP ADJ051'MLNr, CITY OF WEO'AT RIDGE, CO 1 fl 1 1 1 !1 -- ~ -- $10,000 [i] 35:13 $7,000 [1] 35:15 --1-- 181.5 [2] 312, 31:4 -- 2 -- 21-foot [3] 25:17, 25:19, 57:16 22nd [4] 23, 2~.5, 4097, 41:18 23rd [1] 763 24-hour [1] Sz:t2 26-24 [1] 7a7 26-25 [1] 7a1 26-412 [1] 78 26-6 [2] 6822, 71:7 28th [1] 4120 29th [4] 1:13, 2:1 t, 2:33, 4120 2nd [I] 599 3M [i] 233- 3 -- 4 -- 4 2 [1] 69:11 4.6 [i] s6:15 4.6-foot [i] zo2z 4.62 [8] 69, 62, 96, 17a9, 29:15, 29:17, 31:10, 673 45.7 [i] 2998 45.73 [1] 6:7 -- 5 -- 5-I [i] 69x2 $-1001 [2] 3:7,1720 $0-foot [8] 3:8, 6:3, 7:23, 8:11, 9:16, 27:11, 27:13,66:4 50.3 [1] z92o 50.35 (ll 2920-- 87-6 [2] 6224,8:1 -- 9 -- 91-29 (1] 6226 95-14 [i] 57:13 96-11 [2] 65.9,65:16 96-12 [2] 70:1 t, 7o:t9 --A-- ABBOTT [131 tab, Iz2, tza4, 132, 1321, 17:16, 26:2, 3122, 46:3, 46:23,65:4, 659> 766 abide [i] 6325 ability [i] 5oS able [3] 2I:14, 3715.742 above-entitled [i] 190 absolute [3] 70:24,7121,7123 Absolutely [2] 3696, 3e23 Absohriely [3] 61:17 absurd [i] 5623 accelerated [1] 4za accessibility [i] 44:7 accommodate [1] 69.21 According [i]7a6 aCGDrding [3] 16:17,3323,39:12 accordingly [i] 549s ac]mowledge [1] 5925 acknowledgment [2j 66:1, 66:14 ad [2] 713, 73:18 acted [1] 73:13 Anion [1] 78:12.5 aetiollS [1] 5823 aMual [6] 12:17, 13:15, /3:24, 3324,46:16, 473 adaality [i] 6023 Actually [1] 616 actaally [6] 13:19, t5a9, 16:5, 17:15, a5:i2, 49:1 Add [2] z9:i5, 29:18 addition [7] 4:u, S:tz, 8:n, S:n, 13:16,1424, 74d additional [i] 153 address [10] #23, 3425, 393, 4223, 49:14, 49:16, 503, 55:4, 576, 7o:u addressed [i] 16:14 adequate [1]Ilal adjacent [6) sal, 5:18, 7sz, 11:12,11:19,66:16 adjoining [3] 16:19,3825, 3825 ADJOSTbffiVT [lj i:t Adjustment [6] 1:I2,65:t5,7o:t6, 7021, 71:13, 7L•IS Admlalstrative [L] 2:14.5 minicfr'tlVe [4] $:11, 26:21, 65:14, 6s:t7 administtntor [1] 593 adopt [1] 63:17 adopted [3] 22:10 ads [I] 39:12 advertise [1] 5922 Keywords for REPORTER'S TRANSCRIPT -4/25/96 stdvertlsers [1] 39:15 advertising [ij 39:11 advised [i] 73:10 advOfatt [ij 4924 '. affect [5] ns, 1621, 3824, 3922, 4421 affected [i] 13:6 affecting (1] 482z affidavits [1] 416 sdffrmattve [1] 69:1 agenda [2] 521,72:14 agree [4] 342, 60:1, 61:16, 7321 agriWllntal [i] 322 air [5] uaz, t1:1s, 16:19, 2aa5, 371 alleged [2] to:1s, 383 allow [2] 66, 40:11 allowed [8] 59,13:13, zo2o, 3s6, 3523,409,582.71:12 allowing [i] z693 allows [1] 8:15 alter [3] 993.3694,3620 alternative [i] 673 amend [2] 521,36:7 Amended [2] 35:1, 38:7 amendment [I] s7:17 amount [2] 5:16,6418 AnbWef [6] 209, 33:7, 408, 4025, 41:1,42.9 anywise [1] 78:tz 6~logize [4] 6222, 6412, 6414, apparently [3] 3191, 369 t, 689 Appeal [i] 65:16 appear [3] 28.5, 423, 5121 APPRARANCSS [i] 2:t Appeared [2] 34:7,366 appearing [2] zs, 523 appears [1] 7223 applwd [3] boa applicAble [2] to6, 3793 Applicant (1] z6s applicant [23] 3:14, 525, 824, 1097, 1024, 182, IBS, 18:10, 50:2, So:tt, 59:11, 59:16, 59:17, 6o:i5, 6021, 65:13, 6725, 68:1, 70:13, 71:1 t, 723, 723, 73:12 Applicant's (4] zt:z1, zz:4, z76, z72o applicant's [5] 52s, 19:19, 6x19, 65:10, 7123 appliatnts (1] 73:16 APPLICATION [i] t:4 Applitytton [20] 59, 721, t9a5, 206, 2122, 23:18, 25:17, 26:18, 306, 30:7, 30:11, 52.10, 52:13, 52:14, SS:tS, 55a6, 55:7, 65:15,68:16, 71a6 applied [4j 23:19, 27:10, 6521, 66:12 apply [i] 61:1 apptxciate [3] ts:t6,z696,7622 approached [i] 27.9 appropriau [i] 647 APPROVAL [lj 1:45 Approval [1] 65 approve [6] 6823,692, 693,69:7, 69:12, 7524 approved [i] 8:11 approzimauly [5] 620, e:t3, 9£,1625,173 Aprll [i] !93 arbitrarily [2] 73:14, 7416 area [20] 3:17, 4:5, 13:17, 15:3, 168, 222, 22:3, 24:18, 24:19, 24:19, 24:25, 25:7, 259, 36:18, 3699, 48:19, 51:10, St:17, 522, 58:12 areaB [1] 4',25 argue [5] 268, 368, 373, 37:7, 5923 argaing [i] 7419 argament [2] 72$, 7420 argamems [3] 502,5423,55:4 artful [1] 69:10 ARicle [1] 7z:15 artiste [i] 7oa7 Arvada [i] t5:ts ask [i!] 42:14, 49:12, s2:6, 56:12, 64:7, 682, 688, 69:19, 70:2, 7220, 73:1 asked [5I zo91, zs2o, 30:4, 4895, 53:12 asking [6j 25:25, 30:13, 56:10, 58:13, 602, 70:19 Asmns [2] 30:12, 3221 ASped [2] 21:tz,46:16 associated (ij 7saz assume [2] 323, 47:15 attached [ij so:t6 attemp4 [1] 3325 9ttedfiOn [6] 15:23, 28:23, 28:24, 44:17, 4421,683 Attorney [4] z2, z:4.5, 2:7s, 68:19 attorney [12] 8:25, 188, 19:3, 19:12, 19:15. 19:20, 19:24, 19:25, 49:19, 55:13, 60:19, 78:11.5 atttad [i] 44:14 Attracts [i] 4621 Angast [S] 75:16.5 Aathotlty [5] 20:4, 5914, 71:15, 71:17, 7523 Auto [8] 3:16, 4:tz, 8:13, 1714, zo:1o, zo:tz, z3s, z5a autobodl(3] 1623,171, 3523 automatiplly [ij 68:17 Avenge (3] 1:13, 2:11, 2:13 aware [3] 481,4896, 5721 ' Boverie, Jacksott Br; Spero (303j 329-8618 Court Keporters BoABD or,wJvsrn~, crrY or wiffiAT BIDGE, CO Keywords for REPORTER'S TRANSCRIPT -4/25/96 LJ i 1 _. ]; __ B-1 [2] 22:12,2x:12 B-2 [2j azs,zzlz back [23] 4:zo, 5:t, 9:to, iza, 129, 13:15, 13:39, 14:7, 172, 229, 239, 23:10, 25:14, 27:5, 2783, 2724, 30:23, 30:23. 35:14, 38:24, 48:20, 5785,6523 background [i] 27:16 BaCkblg [i] 1x24 balanced [iJ 1x21 bar [4] 319.348, 55:23,566 baBC [i] 40:18 based [ll] 624.105, 10:13.1582, 16:1, 163, 37:10, 37:13.3723, 50:13, 535 basic [i] 738 basis [3] Bat,5z:z5,7t:~ bear [i] 338 BeCke[ [1] 7:10 beg [1] 18:18 begin [2] zo2, 50:7 beginning [1] 17:17 behalf [6] z6, 29, 49:24, 523, 713, 722 behind [i] 423 belief [2] 16x,32:u believe [2$] 6:2d, 11:20, 12:12, L5:t4, 1624, 17:1, 21:15, 33:10, 36:6, 38:14, 38:23, 41:20, 41:24, 44:1 i, 47x8, 48:7, 53x6, 61x5, 6224, 668, 70:13, 70:17, 7D:23, 73:11, 74:14 believed [2] 52:13, 5521 believes [i] 36:11 believing [i] 99 beadlmark [2] 3223, 6383 benchmarks [2] 1385,34:13 benefldal [I] 446 beaeflt [2] 5482, 552 best [6] 27:12, 33:15, 3325, 4922, 505,6413 better [3] 199, 43:18, 7x25 big [$] 22:22, 23:4, 23:9, 23:30, 45:15 blllboard [52] 3:7, 46, 410, 4x8, 483, 52, 6:4, 6:7, 68, 6:12, 6x4, 6:16, 6:21, 625, 75, 722, 7:25, &I5, 96, 1Da5, 11:7, 21:18, 1520, 16x8, 17:10, 20:16, 20:16, 20:19, 223, 2Z6, 2410, 2420, 256, 298, 29:19, 2984, 31:19, 32:19.3522, 38:15, 46:4, 55:10, 56:14, 6085, 613, 61:18, 67:4, 749, 749, 7410, 768, 76.9 billboard's [i] 65 billboards [24] 2x:10, 2x:16, 22:19. 23:4, 239, 23:13, 73:19, 2380, 2322, 248, 24:12, 2480, 2425, 36:17, 39x1, 60:21, 6023, 612, 633, 635, 74:1, 741, 748, 75:14 bB [2] x33, 2x15 block [2] 172,zo:t1 blocking [3] 162x, 17.9, zo:n blacks [1] 4520 blmv-ap [3] z3:t4,z7~,ses BOARD [2] 11,1x6 Board [12] 1:12, 35, 26:16, 65:15, 66:18, 67x6, 67x9, 68:18, 70x6, 7020,71:12,71:14 board [19] 1923, 20.9, 20:10, 263, 26:15, 39:4, 40:14, 43:7, 50:14, 57:17, 57:18, 5985, 6L•10, 65:16, 668, 7121, 732, 758, 75:16 bodies [1] w9 Body [7] 3:16, 4:13, 8:13, 19:14, 20:10, 238, 289 body [5] 50.9, St14, 5222, 54:13, $8:17 BOdy'6 [1] 2012 borrow [i] ze2o Both [1] 668 bOUt [6] 15:14, 193, 57:14, 57:15, 7225, 76:10 bottom [2] 13:18, 28:4 Hoalder (2] 43:7,44{ Boulevard [i] 49:19 6onndades[i]502z boundary [2] 415, 4:16 break [i] 35:18 brief [i] 3423 briefly [3] 43:4, 593, 619 bright [1] 4620 bring [6] 18x9, 4021, 58:16, 621, 6223, 638 broctnres [1] 44u brought [3l 1620, x611, 6x:4 Birotvastein [3] z:z.5, x:45, 188 band [3] 5311,56:13, 6210 builder [i] 53:7 building [23] 4:11, 4:12, 6x8, 8x0, 8:17,1320, 143,143,145,147, 1425, 218, 21:13, 279, 41:2, 4(:10, 45:19, 45:21, 47:17, 47:18, 48:20, 56:10,66x2 batldings [4] 7:tz, 142x, 24:16, 24x7 built [7] 14:7, 148, 15x7, zt2, 292, 41:19, 686 bushiess [20] 3521, 3522, 3523, 4225, 439, 44:14, 44:15, 4612, 46:17, 4622, 49:16, 52:18, 54:x5, 55:1, 583, 581, 62:16, 62x7, 6624, 78:7.5 businesses [5] 2323, 243, 612x, 66x7, 66x6 by-Iaw6 [3] 7oa6,7aa3.n5 --G-- Cadillac [i] 549 cald® [i] 42:7 r~Il [4] 3223.32:24, 3224,34.9 Called (2] 7:10, 2211 ealis [2] 222,315 tap [$] 3x25,3025.312,318, 326 tarefal [2] 63:5, 63:11 earned [1] 37:1 Case [5] 125, 33, 33, 659, 70:11 Case [37] 321, 42, 58. S:t7, 6:11, 6:14, 78, 822, 13:'1, 16:16, 188, 199, 23:1, 23:12, 25:15, 26:1, 453, 48:13, 48:14, Sa3, 5712, 5813, 5820, 59:7, 598, 6284, 65:1, 65:15, 7x8, 72:19, 74:19, 7521, 7523, 76:1, 76:3, 76:7, 76:19 Category [i] 3:39 CATIONS [i] 1:4.5 cause [2] 11:18,78:12.5 cansiklg [1] 1320 tenter (1] 47 CCrflin [2] 50:1, 59:16 certainly [i2] x6:12, 2621, 3o:t4, 30:16, 3116, 322, 32:11, 368, 54:6, 608, 69:19, 69:20 certification [4] zt:u, 21x9, 39:7A, 41:15 Certified [2] 78$,78x9 CSICI'urY [2] 78:7, 7896 certify [i] 781 cetera [I] 356 CHAPFBB [$] 42:17, 4220, 42:24, 458, 45:1 t Chaffee [5] 42:16, 4x:17, 46:3, 4725,573 CHA1nMAN [49] 33, 16:12, 1722, 18:4, 18x3, 18:16, 1822, 1624, 196, 2820, 40:11, 42:12, 42:18, 4222, 45:6, 459, 462, 47:24, 49:10, 49:14, 49:17, 49:21, 50:6, 52.1, 542, 58:21, 59:4, 60.9, 60x6, 61x1, 626, 6210, 62:19, 61:12, 64:25, 676, 67:10, 67:13, 6720, 68:1 t, 6983, 708, 71x, 73x, 73:5, 75:18, 76:13, 76:16, 7620 Cbairmaa [22] 1:17, 4:3, 18:7, 40:7, 4221, 4425, 54:7, 54:18, SB:tO, S&15, 5825, 61:10, 6221, 643, 649, 65:6, 662, 70:15, 71:3, 72:16, 73:7, 76:7 ChanCC [1] 76:10 Changed [2] 155,7124 changes [f] sz:u CHAPLA [3] 2:14.5, 67x7, 76:16 Chapht [i] 67:16 Charader [3] 9:14, 36:14, 3620 Chart [i] 29:7 Checked (3] 4016, 4021, 17:19 Chevrolet [S] 22x1, x31, 2317, 5420,6273 Chevy [1] 54:10 Chief [2] x18, 412 Chip [i] 4020 chloride [1] 4x:7 Choice [1] 755 chop [I] 3920 Chris [1] lBs C~IS1'OPBBR [1] 22 dreametance [3] 9ai, 36:8, 3721 CirCDm6tanCe6 [4] 820, 3420, 365,369 cltrnmveat [i] 66x0 dtizea [i] 52:1 CITY [1] 1:1.5 City [31] 1:11, 2.9, 2:11, 2:12.5.55, 1323, 14:1, 149, 14:11, 15:15, 21:4, 215, 279, 2924, 303, 30:4, 30:1 t, 30:14, 343, 52:10, 53:15, 6525, 66:19, 70:15, 72:4, 71:13, 71:(5, 722, 722, 72:11,7223 tiff [19] 14:2, 22:6, 229, 22:11, 39.9, 4720, St:tS, 53:11, 53:16, 5324, 61:14, 64x, 71:20, 73x9, 7324, 741, 745, 74:7, 75x5 tbzrliy [i] 17x3 Cb7ssifiCattoa (2] 10:7,37x5 dassifled [i] 39:12 dearly [i] 722 Client [2] 33:7, 55x0 dose [3] 24x4, 648, 65:1 doeer [2] 45x9, 4820 clumsy [i] 459 Code [1] 6822 code [IS] 7:4, 7:5, 1524, 22:5, 228, 5723, 5724, 58:19, 59:16, 61:5, 61:14, 61:20, 62:13, 62:14, 66:10, 66:19,68:14, 716 COdeB [4] 21x3, 21x4, 4L•30, 7120 told [2] 4124, 5321 COLE [1] 2:4.5 Cole [2] 18x1,49:19 colleague [i] fast COLORADO [2] L•L5, 782 COlorad0 [13] 1:14, 2:3.5, 2.b, 28.5, 29.5, 2:l t.5, 2:13.5, 4325, 44.~f, 4920,58:17,58:16,78$ Commencing [1] L•14 Comment [Z] 46:16, 536 COIDmente[b [i] 54:3 COmmCntS [$] 40:2, 452, 49:1 t, 644,645 COmmei'Ciid [$] 3:18, 24x, 24:17, 36x6,36:1 Commission [3] 713x, 71x4, 78:165 comma&sioa [2] 38:16,69:18 COMMUNI [i] t:4 Communication [i] 23:7 CommnNCations [15] 36, 3:14, I8:I0, x79, 27:12, 285, 28:15, x925, 33:7, 35:11, 55:1 i, 56:E9, 6530, 73x3, 74:10 companies [i] 38:15 Company [1] 433 Company [12] IB:25, 192, 19:4, 29x, 30x, 3x3,43:13, 48x, 49:4, SSa, ' Boverie, Jacksrnt Bs; Spero {303) 329-8618 Court Reporters (BOARD OPADJUSTiNENf', CTfY OF WfIF.AT RIDGE, CO 1 LJ lJ t 632D, 6417 compatrd [1] 44.b compcting [2] 44:16,46:14 COlnpetitive [1] 43:12 complete [2] 33:12, 78:102 completely [4] 21:12, 413, 42:4, 51:17 compliance [1] 46:12 complies [i] zla3 Comply [5] 12:12, 27x3, 30a9, 38:10, 64:13 compound [1] 423 Coltiprlsing [1] 788 concern [6] zo:zs, 21x, 41:17, 4123, 45:13,4825 C41itCeraed [2] 20:17, 50:14 concerns [3] zt9,43sa,48:z4 COnClode (1] 5322 concludes [4] 6:6,11:7, 1125, 7620 CAnCCCYe [8] 328, 35:18, 35:18, 40:18, 41.1, 4125, 422,426 concurced [1] 47:4 condition [7] 920, 26:13, 3623, 376, 37:7, 3720, 5223 conditions [6] 88, to:4, t3a3, 26:14, 356, 37:12 cnndud [3] 41a2, 50:13, 75:4 CpndnCted [1] 6625 conferring [2] 67:16,67:19 confine [S] 453 confined [i] 45:4 Confining [1] 468 Confirmed [2] 10:24, 218 COnfiims [1] 21.1 COnfoim [1] 10:15 confused [3] 19:~,z5a5,3c:1 congestion [i] 11:13 censidetable (2] 67a, 768 considerittion [i] S8:t4 considered [2] to:1,266 considering [i] 6621 rnnetitttte [1] 9x1 censhud [1] 52:12 COnSttaCted (3] 6:13,13:17, 2923 constriction [8] 4:10, Ira, 4032, 47:16, 52:15, 63:19, 6320,6622 coarigaous [1] 47:14 continue [4] 76:3, 76:4, 76:7, 76:18 certrador [6] 98, 28:25, 3412, 41:7, 5620, 66:4 Cpnverbati0n [1] 219 cool [i] 42:1 C4lpies [4] 82,1524,1¢38,1923 Copy [5] 3x0, 5:3, 19:16, 1932, 39:15 corner [10] 92, 93, 9:7, 9-9,10:1, 12.•18, 3224, 45:20, 479, 663 Correct [I] 3125 coned [15] 12:3, 12:4, 12:7, t2a9, that, 183.20:24, 27:19.3120, 496, St33, 57.9, 66:11, 69:t6,7s:t0 COrledEd [1] 12:15 tprrEding [I] 20:22 correctly [4] 37:16, 6431, 66:6, 66:7 corridor [3l 43:u,442z,sla Cott [4] 10:16, 35:12, 35:15.3923 wets [2] 339, 6622 COOntll [2] 71:13,71x5 tunncil [1] St:35 coanaet [3] 7s9>7s:12,7e:izs comsel's [1] 5322 Counting [1] 8:16 Country [10] 3:16, 4:12, 8:13, 1622, 19:14, 20:10, 20:11, x0:13, 238, ze3 CAUNTY [1] 783 conmp [2] t41o, 34:4 couple [6] 2423, 28:17, 29:23, 396,579,68:17 COttr6E [5] 324, 35:ib, 38:1, 4125, 78:7.5 Court [2] 58x6, s9ao Cover [1] 43 Covered [2] 54:13, 63a9 Craig [2] 4z:t6,4z:n create [1] 924 created [2] lod9, 38:4 ciiteiia [7] 5:14, 8:2, 8:3, 332, 353, 35:4, 3525 critetiOn [1] 392 tTO68Cd [1] 63:17 Crumble (1] 423 crumbling [2] 40:19, 4121 Cuhne (1] 472 rnlveit [2] 156,15:7 Barbs [1] 4zz Care [I] 5324 caring [2] 42:4, 428 current [4] 3:15,6:7,9:15,10:16 Currently [3] a3z,13:n,6931 customers [i] 442 Cat [4] 12:16, 391.39:13, 46.1 -- D -- DAHI. [5l z:7.s, 6sas, 69:u, 713, 74:18 Dahl [2] 68:19,758 danger [i] 11:14 Daniel [6] 3:15, 19:13, 266.553, 559, SS:t2 dark [i] 4a9 dash [1] 61:15 dotal (1] 19:12 Keywords for REPORTER'S TRANSCRIP'P -4/25/96 dates [3] 14:7 day [$] 29:1, 4133, 52:15, 72:4. 78:15 days [4] 522, 213, 52:10, 65:19 datler [2] 23:1, 54:10 dealing [2] 51:7, SI:15 dealings [1] 47:19 Dewing [8] 3:15, 39:13, 203, 286, 26:7, 559, 55.9.55:12 Debra [1] zsa deceptive [2] 5025, 53:16 decided [i] 681 derision [1] 65:17 deed [1] 347 default (1]68:16 define [I] 33:4 defined [1] 62:14 definite [1]6024 definition [2] 6025, 61:1 demands [i] 64:1 denial [4] 66:15,67:17,6721,69:4 denied [4] 65:13, 68:17, 69:25, 726 Itennis [2] 49:12,49:13 Denver [5] 2:3.5, 2:5.5, 2:5.5, 49:18, SL•10 rimy [4] sz:z5, 67:10, 6723,69:33 Department [1] 2:13 department [3] 15a8, 21:7, stao depth [1] 76x1 describe [1] 2122 description [1] 313 deserve [i] 603 designed [2] 39:13.419 desire [2] 10:13, 3724 ddached [1] 5321 detail [i] 613 determination [i] S:tS determined [2] 2:12,6:19 detriment [2] ss2,6s2z detrimenml [2] It:4,3s20 develop [i] 743 developer [1] 538 D13VIftAPbffiV'P [i] 16.5 Development [1] 2:f0.5 development [5] 3:14, 3:18, 79, 7:14, 2325 device [1] z9:to dictionary [2] 62:15, 62:16 difference [I] 6024 different [4] 26:6, 43:14, 61:4, 6137 diffiCalt [i] 51:18 difficulty [2] tox8, 383 dig [2] 35:13, 35:17 dimensions [1] 45:16 diminish [1] 11:15 diced [3] 2823,2824,683 dicedlon [2] 13:16,15.9 dirediy [3l 3:19, zz3, 432 Dicedor [i] z:los director [1] 216 dirt [2] 29:4,296 disagcee [2] 6621, 69:10 discretion (1] 59:13 diecrlminated [1] 74:15 discriminatory [2] 59:11,73:13 discuss [i] bat disrnssion [2] 67a3, 76:16 dismiss [6] n36, nas, 7122, 7521,7523,76:1 distance [i] 8:14 distinguished [1] 362s distributors [1] 443 district [6] 7:7, 79, 7x6, 22:3, 22:12, 35:7 ditch [lo] t41s, ts:~,153, Isaz, 15:13, 328, 48:16, 492, Stab, Slab documented (1] 56:1 documents [1] zt3 doing ['1] 32:7, 339> 52:17, 60:13 dOllarb [4] 33:10, 56:17, 63:22, 6622 domain [i] 14:33 door [1] 449 dotted [1] 63:I7 doubt [1] 33:44 drafted [3] 66:10, 68:12, 68.•13 drafting [i] a23 drag [i] 60:14 drain [1] 3521 dm~ving [1] 173 draRn [1] 22:7 draws [1] 4422 due [9] 8:19, 342, 36:4, 369, 466, 5625, 58:15, 59:1,64:12 ring [2] 3021, 3021 duly (1] 62:19 -- E -- wrfier [i] 209 Carly [1] 148 easel [1] 1820 easier [1] 29:17 Baal I3] 420,178, 246 HC1~,MBYSR [18] 1x7.5,1322, 14:12, 256, 15:16, 32:17, 3221, 3431, 3421, 40:15, 4624, 478, 47x2, 63:13, 673, 67:32, 733, 75:19 1{ckert [fF] 21:7, 40:17, 41:14, 42:10 lictted's [1] 412 edge [12] 6a4, bas, 6x6, 620, 9:11, 12:/1, 12:16, 13:18, 29:19, 3322, 391,67:4 edacatfon [1] 75:12 ' I ~y~, Jttc(tsort a:r Spero (303) 329-8618 Court Reporter's BOARD OPADJUSTAffiV1', CrfYOP WAEAT RIDGE, CO effect (1] 46:11 efforts [1] 76:22 eight [3] 113, 35:13. %:tb elApsed [i] 5:22 eminent [1] 1433 enceoaches [i] 9:16 enceoadtin$ [1] 13:19 end [i] 24:17 endanger [i] ua4 ended [1] 7624.5 engAglag [L] 753 engineer [1] 418 engineet'6 [2] 21x1, 2L•I9 engineering [2] 3gzo, 41:14 enhance (1] zo6 eaollgh [3l 3524,45:7,67:20 enter [10] 4:1, t9:n, zo2, zo2o, zizo, 2222, z3:n, 2321, 306, slat entered (i] u2o entetprl6e [i] 382 tntettain[2] 181,65:3 entire [2] 4z:4,47zo entirely [lJ 339 equipment [i] 6292 equitable [1] 603 e! [3] 319, 5923, 6924 erected [1] 69 erroneous [2] 37:4, 66:7 error [4] 163,163, 2523,661 especisdly [2] 16:1, 539 essential [2] 9:14, %:Id estAbilsh [2] 6323,74:10 estAblished [i] 7:14 et [i] 355 evening [1] 765 everyone [2] 5324, 58:18 everything [4] 30:19, 359, 4424, 57:1 evidence [3] 35:u, 3&t4, 75:14 CEACtIy [6] 27:14, 291, 29:11, 29:14, 3120, 53:12 examine [2] 5320,5724 exception [S] 3x9 eaclasively [3] 10:13, 37:11,3724 excuse [i] 6522 exercise [2] 59:12,7025 Exhibit [12] 19:18,19:19, 1921, 1922, 2121, 22:4, 27:5, 276, 27:17, 27:20, 2724, 30.9 ezhlbit [4] u21, 1122, 27:2x, sorts Bzhibits [1] zs:t exhibits (3] 43, u2o, t52o existing [7] 4:32, 6:4, 68, 1425, 26.9.33:22, 3323 ezped [1] 31:15 ezpense [4] 339, 35:20, 672, 768 etcperlence [1] 52:7 CSjleri. [2] 1224, 56:4 tapires [i] 78965 ezplain [3j z69,678,7ozz ezplalned [2] 30:(, 31:14 explains [1] 27:19 eldensioa [1] 7525 ertrA [1] zgzt ~ [3] 44:16,46as,7z:7 1 t 1 LJ --F-- fabelcAtion [1] 1224 flee [i] 7:23 facility [2] 4525,4e25 fad. [4] 25:10, 45:14, 603,64:36 factory [2] 5424, s42s fad8 [1] 66:14 fadoat [z] 4gSS, so:4 fall [1] 6321 fair [6] 27:1, 45:7, 58:12, 5922, 6ki8, 76:10 fairly [2] 58a9,7ktz faitness [i] 403 familiar [3] 259,4725,4x:12 fir [3] 16:14, 3824, 625 Farber [3] 22.5, 2.i, te9 fashion [i] 1221 faster [1] 42:1 favor [3] 59:11, 6724, 6725 features [f] 924 February [3l 40:17, u:18, 4120 fee [i] torn feel [2] ss24,64ao feet [63] 62, 68, 620, 7:19, 72a, 8:14, 8:15, 96, 710, 9:17, 126, 128, 22.9, 12:10, 12:17, 13:15, 1621, 1625, 17:15, I7:15, 17:18, 22:16, 24:15, 25:16, 25:16, 27:14, 28:16, 25:17, 29:14, 2920, 2921, 29:22, 312, 32:4, 311, 31:6, 318, 31:14, 3121, 32:6, 32x5, 34:17, 35:19. %a9, 391, 39x0, 39:10, 39:14, 3921, 45:16, 465, 46:10, 56:14, %:15, 56:18, 57:1, 572, 5723, 582,6121,6125,622,673 fence [18] 6:21, 622, 72, 14:15, 28:13, 28:15, 242, 29:18, 29:19, 31:7, 32:14, 32:16, 34:16, 34:17, 50:17, 50:17,50:18,52:18 fe~v [7] 21:5, 29:6, 34:17, 39:4, 39:13, 54.~i, 746 $ckle [i] 43:15 folly [7] 9x0, 2714, 29:21, 2722, 6125,6324,6325 figure [3l zz:7,33:t6,33:t6 $le [4] 42, u24,19as, 57:12 filed [2] Sao, 73:18 final [2] Sa5,25:17 $nd [13] 2725, 295, 31as, 31:23, 3124, 32:1, 33:11, 33:11, 508, SO:t2, 55:5, 63:1,63:15 Keywords for REPORTER'S TRANSCR~T -4/25/96 finding [2] f08, 3325 findings [i] fizz $ae [2] 25:20.7424 FINBGAN [1] 2:4.5 PiaegAn [2] ta:u,1925 finest [1] 4325 fiNshed [1]69:15 fire [3] 11:14, 47:20, 553 $rm [2] te:tz, 55:12 First [2] S2a, Seal first [13] 182, 282d, 29:4. 35:4. 35x6, 45:11, 549, %:10, 72:19, 736, 73]3.75:24, 7525 flue [9] 6:1,10:4,17:16, 3120, 461, 46:10, 6724,68:15,69:1 flue-ort-of-siz [1] 698 flAVOr [L] 252 Floor [2] z3, 295 focnced [L] 1523 folks [L] 53.9 fOllOMiag [5] 10:9, 133, 66:2, 66:7,66:15 foot [2] 63z4,63zs footing (3] 415, 422, 42d foregoing [3]7s6,7685.7695 foregromd [L] 421 forgive [i] 45:12 forgot [2] z3a6, Sz5 form [i] 788 formal [1] 6624 forth [5] 7a5, 1e1, 46:~, 6x:22, 6e2s foxtiee [1] 4125 forty-five [i] %a4 fortvArd [i] 42:15 found [15] 699, 7a, ua7, 291, 29:11, 3024, 319, 31:10, 32:13, 34.d, 345,348, 4o:t9, %22, 66:11 foonda$on [i] 1222 four (17] 13:15, 1324, 22:7, 298, 29,9, 29:11, 3024, 326, 348, 34:33, 35:19, 36:19, 396, 3921, %:t8, 70:17, 72:18 free-standing [16] 4:ts, 4:23, 2320, 482, 58:1, 60:22, 60:25, 61:2, 615, 61:16, 61:18, 61:19, 6125, 632, 636, 636 Friday [3] 73.9, 739> 73:19 friendly [1] 57:16 FRONT [2] t1, t5S front [ll] 39, 4:15, 6:t, 62, 63, 7:17, 8:11, B:I4, 717,155, 45:18 FEONTAGH [i] t:7S Frontage [3]3az,69,65ai frontage [4] 14:14, 14:19, 24:16, 4324 fallblmvn [2] 3325.3896 folly [i] zo5 fenny [i] 25:12 FfJHlIDERR [2] 75a, less farther [13] 4a9, t6az, na, 172, 1722, 233, 41:12, 42:12, 4724, 4710, 542, 67:13, 7425 -- G -- gain [2] 64:t6,64:a2 gAthEr [4] 75:11, 75:12, 75:13, 75:14 gavC [9] 1521, 2524, 1714, 21:4, 78:10, 26:32, 30:11, 30x3, SSa2 Gee [i] 69:11 Geer [1] 598 geneMl j5] 3a8, 21:24, 21:25, 34:12, 669 Generally[i]5z5 generally [6] 3:12, 3:37, 10:6, 168, 37:14, 3720 gentleman [1] z3:It Geo [i] 54:10 GERALD [i] 2:75 Gerald [lj 6599 germane [1] 5824 getting [i] 60:7 GIDLEY [18] 2:10.5, 3:5, 12:5, 1220, 138, 14:1, 14:20, 158, 15:14, 16:16, 1623, t7a9, 183, 60:17, 643, 6722, 70:13, 7522 Gidiey [16] zazt, zt6, 21:23, 2524, 26:19, 27:7, 278, 35a, 36:6, 37:16, 38:7, 5525, 5725, 61:17, 70:12, 7321 give [8] 18:5, 19:16, 21:3, 23:1, 27:15, 2921,43:4, 76:10 Given [i] 76:7 given [4] 1924,7A:4, 27x0, 74x2 gluing [i] 1925 glad [1] 476 GLEN [S] zoos Glen [6] 122, 1321, 16:13, 17:17, 1723,18:1 Golden [2] 49:17, 49:20 gonna [3] x197, sz:ls, x322 good [5] 5:3,14:16, 438, 728, 728 Gorsarh [i] 2as govtrni/1g [1] 6525 grant [3] 60:1, 60:11, 60:11 granted [13] 9:13, 26:3, x6:7, 26:14, 273, 36:3, 36:13. 3722, 6522, 6523, 66:19, 74at, 752 granting [2] u3, 35:t9 ground [3] 325, 35:14, 35:16 gutter [i] 422 -- H -- half [$] 326, 35:19, 396, 39:21, 422 ' Soverie, Jacfcsolt ~ Spero (303) 329-8618 Court Rc]wrtas BOARD OP,4DjG51RfEN'f, Cf1Y OF WDEAT RIDGE, CO 1 1 1 hand (f] 508, 50:12, 5024, Sl2, St3,53:13,551,639,78:I5 handinp [1] 102 handle [i] 19.9 handled [3j 26x9, 2620,483 ~PPY [3l zo:t8,39:18,75:16 hard [i] 25:14 hardship [15] 922, 925, m2, 1039, 10:23, 3624, 37:9, 38:4, 385, 395,50:13, 5293,6620,68:4,685 hmm [2] 5536, 6422 haste [1] 533 health [i] 115 hqr [4] 5:7, 405,733, 76:12 head [3] 40.9,54:19, 5524 hearing [12] tat, 135, 54:14, 648, 65:1, 70.6, 719, 7422, 753, 76:4, 7621,7624 hearsay [i] 565 height [24] 6:10, I3:S, 16:14, 1620, 17:7, 17:14, 44:20, 453, 45:4, 4525, 48:7, 496, 57:1{, 57:15, 57:16, 61:7, 61:21, 7020, 74:6, 748, 749, 7413, 7421, 75:1 help [i] 7224 High [10] 3a6, 4a2, 83x, 1621, 19:14, 20:10, 20:11, 20:13, 23:7, 285 high [7] 23:4, 235, 24:7, 40:1, 562, 6125,75:15 higher [2] 35:14, 745 ID4rkly Ill 43az highway [3] zza7,6t23,6t24 highways [i] seal hill [1] 44:x3 hire [1] 6322 history [i] 435 holding [1] zest home [1] 323 honest (3] 2523, 4g3, 53:18 honestly [2] 33:18, 5521 hour [2] 1:14,21:16 hotus [2] 445, 702 HOVLAND [2] i:t8, 76:15 HOWARI3 [3] 1:175, 47:25, 498 hundred (5] 13:3, 21:15, 22:16, 24:15, 6322 hundreds [1] 6621 Hyatt [3] 22.5. z5,189 -- I -- I-70 [13] t:7, 3:12, 425, 6.9,1413, 22:15, 22:16, 24:14, 26:10, 43:10, 51:7, 582, 65:11 Ozone [i] 7a7 ideality [1] 3222 ideatifylug [1] 33:1 illegal [i] 6:4 illogical [i] 6623 illustrate [I] 31:18 illustrated [1] 38:10 imagine [i] 46:7 impair [5] 11:11, u:ts, ttas, 16:18, 39:1 hnpah4ag [3] 6524 hnpormnt [2] 44:1, 593 ltupoetantly [Ij 6621 imposed [i] 389 impossible [1] 46:15 improperly Ill 9:t imptnvenlCnfS [2] 115, 3821 imprudeat[1]6624 imputation [i] 54:16 inaadtble [31] 33:22, 54:13, 54:15, 58:14, 599, 5926,60:13, 6134, 61:16, 61:18, 622, 62:11, 632, 63:5, 638, 686, 68:7, 7126, 7122, 7124, 72:18, 73:16, 73:20, 7321, 73:23, 7324, 74:19, 7420, 752, 75:7, 75.9 inch [1] 423 inrLes [2] 291.29.23 hicome [3] 13:12,461,672 incomprehensible [1] 63:15 inconvenience [i] 3625 incorrect [6] 925, 16:16, lzao, 16:4, 41:19, 66.9 incorrectly [1] 37x9 increase [2] 11:12, 11:13 incredible [3] 3520 indeed [i] 7x hiditale [2] 55, 34:7 indicated [6] 6:zz, 7:25, 9:15, 13:10,161,4620 indimtes [3] 722,825,479 iadicatioa [1] t5a7 indulgence [1] ta:19 INpDSTRIAf, [1] 11.5 fndustr3al [1] 7:10 hldastrlal (7] 3:13.3:18, 79, 7:14, 7:16, 7:17, 2324 inda6trles [1] 44:1 fadIIStry [4] 21:13, 39:11, 41:11, 62x8 information [6] 84, 1522, t6:t, 28:10,78:12,28:14 lug [i] 29 initialed [lj 26:4 initials [i] ze1 injurious [2] ui,3820 hijnry [1] 211:7 innocent [I] St:4 innumerable [i] Stas iagniry [2] 5021, 51:19 hlside [3] 93, 28:13, 28:16 insisted [2] 3o2, 41:16 hupeded [i] 6:18 iaspedor [3] 6:18, 218, 413 hl6taHed [1] 4123 Keywords for REPORTER'S TRANSCRIPT -4/25/96 instA¢CC [$] 5:14, 9:25, 10:3, 1022,1525 integrity [2] 21:1, 41:4 intended [i] 5921 intends [i] 722 h#ent [4] 121, 12:12, 6524, 66x0 intentionally [3] 25:18, 36:ts, 5539 interest [3l toz6,385,5421 interested [1] 78:13 hiteresting [2] 508,532 iaterfetC [1] 4524 interference [i] 46:19 imerpretntion [1] 69:11 interrupt [1] 45:1 Interstate [2] 324,48 hrtersWtc [3] 15:4,6t23,6k24 involved [3] 921.3624, 768 irrlgWon [3] it:ts,1s1, 328 issue [7] 8:5, 469, 48:22, 53:2, 61:7, 769, 769 issued (1] 66x3 issues [5] 3423,34:24, 45:4, 6o:t8, 76a l --J - J$FFID4SON [1] 783 JERRY [1] 1:18.5 ]Ob [2] 1416,43:18 Joe [i] 3o:tz John [i] 21:7 Joined [i] ta:tt ]nrisdiction [1] 5:7 justify [i] 3721 --K-- Sashiwa [9] 43:8, 48:3, 52:4, 5424,5424,57:7, 57:7, 57:13,661 liashlwa'S (6] 57:12, 5722, 58:3, 58:13, 5924, 6t2o keep [2] 3422, 39.23 kind [3] 52:16, 538, 53:13 Rirgls [1] z5 knowledge [4] 152, 38:13, Sox, 524 known [5] 56:19, 56:26, 56:20, 5621, 57:4 -- ~ -- labeled [1] 1921 laid [1] 31:10 land [3] 14x2, 14(8, 6322 laadiord [1] 559 large [$] 22:17, 232, 24:16, 3521, 4621 last [7J az24, 57az, 5822, 6222, 685,72:14,739 late [ij 15:4 later [2] 333,56:13 I,atr [3] 22, 2:4.5, 2:7.5 ~ [5] 12:13, 58:17, 5820, 59:7, 65:19 laws [2] 7i, 1524 leading [7] 6:14, 6:15, 620, 9:10, 12:10, 29:19, 3321 Mara [I] 7325 learned [1] 5321 lease [10] x736, 2725.28:1, 49:1, 50:16, 55:18, 63:17,63:18, 6622.672 leased [2] 20:15.55ao leasing [1] 4624 least [4] 8:15,16.4, 515, 71x9 leave [i] 533 le$ [2] 4:16, 35:19 ie$-hand [i] za:4 legal [4] 313,5221,73x4,74:17 legally [1] 71:10 legitimate [2] 163,53:38 leisure [1] 53:4 length [1] 72:10 IeS6 [4] 1721, 25:10, 4621,66:13 lessee [4J s0:tz, sts, 55•.7, 5s5 letter [3] 20:4, 21:4, 37:1 letters [i] 416 llceashtg [1] 59:13 light (8] 7:15, 7:17, u:u, 11:16, lba9, 20a8, 39:1, 5321 limited [i] 4824 line [36] 6:17, 6:23, 724, 8:14, 1025, 1425, 155, 235, 27:14, 2720, 28:14, 28:16, 28:37, 29:13, 30:16, 30:24, 316, 311, 318, 31:12, 31:12, 31:17, 32:15. 33:13, 33:14, 33:17, 33:19, 33:24, 34:18, 50:17, 50:17, 56:19.52:18, 52:19, 55:22, 56:18 lines [2] 24:7, 245 list [i] 543 listen [I] 73.1 liC [2] 46:19,4620 little [5] 233, 27:15, 31:12, 435, 4423 toad [3] 3922,418,425 loality [Z] 36x5,3621 locate [2] 2423,34:13 LOGATBD [i] t:7 located [IB] 6:8, 7:7, 9:1, 9:4, 10a0, it:6, 16.9, 175, 22a, 22:19, 3321, 35:7, 3822, 436,661, 666 location [23} 331, 56, 6:7, 9:5, 9:16, (oat, 1025, 12:7, 12:18, 13:24, 16:4, 16:5, 17:6, 21:25, 28:3, 43:9, 44:10, 45:15, 48:18, 50:18, St:t6, 65:11,665 loritfoas [i] St9 ' I goverie, Jackson 8t: Spera (303) 329-8618 Court Reporters BOARD OF AD]IISfAMENT, CITY of WE<petT RIDGE, CO longer [3] 2025.3425, 46:11 Look [i] sz9 IOOk [8] 2220, 303, 30:7, 4323, 45a7> 589, 58.9, 76:11 looked [i] 293 ]poking [8] 4:14, 420, 425, 23:14, 246, 29:4,439, 52:t3 look6 [2] 2925, 31:12 loss [i] 672 lost [i] tb:n IOt [12] 23:6, 23:10, 44:3, 44:7, 45:18, 47:16, 47:19, 4722, 4823, 55:4, 64:17, 7222 LOU [1] 2.•145 Imvet [i] t3:t8 lovrerhtg [i] zo:u --M-- made [4j 3095,44:t2,60:ty64i magazines [1]4399 main [2] 4523, 4721 maintain [2] 14:1, i4:to major [i] 47:17 majority [3] z2a9, 42:1,695 make [16] 10:13, 29:22, 37:24, 38:17, 4322, 529, 5325, 55:17, 572, 6393, 656, 71:I, 72:7, 732, 75:4, 76:6 makbig [2] 5:15, St:t9 malice [SJ 669 man [1] 333 Management [I] 472 manager [1] 47:4 IDanufactnrer [i] 41:7 manufacturing [5] 242, 24:13, 43:1, 58:4, 586 map [3] 3:10, 226, 50:16 March (1] 19:12 masked [2] 2121, 22:4 market [1] 43:33 marketing [i] 43:17 marketplace [I] 44:16 MARY [1] 2:14.5 mass (1] 42:1 material [4] S8:z2, 6a:to, 62:11, 7o9z materials [2] 42, 743 matter [12] 191.699,17:7, 529, 619, 70:18, 70:19, 71:20, 729, 72:11, 72:14, 786 matters [3] 4925, 503, 50:4 mature [1] 43:13 matcimlim [i] 6121 May [4] 61.9, 72:12, 763, 76:19 may [12] 5:23, 9:1 t, 10:1, IS:I7, 27:23, 35:14, 52:19, 65:21, 65:23, 70:13, 719I, 76:1 McCARTNBY [2] 2:125, 17:13 meffi [4•] 48:14, 56:13.60:!4, 69:12 means [1] 6&t4 mensare [6] iz:6, 129, 29x4, 31:4, 33:15,66:4 measured [9l 9:ta, 16:6, 29:14, 3022,332,319,3295,34:10,6421 measurement [i] 6:13 measurements [1] 7:1 measuring [i] 95 Media [1] 23:4 Medved [ll] 2221, 2223, 2225, 2396, 23:18, 24:24, 523, 549, 5420, 6223,639 Medved's [2] 54:14, 54:16 mCet [2] 720,72:4 meeting [4] 70:9, 7o:zt, 72:12, 7621 1tO3LCRRR [36] z2, 18:7, tags, 18:18, i¢2, 199, 26:16, 2822, 3125, 3220, 339.34:14, 3422, 40:13, 4025, 4425, 5124, 546, 54:18, 2&15, 58:25, 596, 60:12, 619, 61x2, 629, 62:13, 6221, 649, 682, 6x13, 69:14, 70:15, 72:16, 73:7, 755 Meldter [i] is9 Melcher's [2] 682a,69ao Member [i] 26:17 member [4] z0ao, 64:n, 759, 7596 6i66tBBRS [i] t:t6 Members [2] 35,68:18 membet5 [6] 57:18, 64:23, 67:16, 67:19,69:1,69£ mention [3] 23:16,47:1,622 mentioned [3] 27:7, 279, 44:13 met [~k] 5:7, 5:12, 8:1, 8:12 metropolitan (1] st9o Might [1] z9:n might [4] 1592,3096,643,682 milC [2j 582, 6123 miles [1] 21:15 mind [1] 7124 mWIDOm [1] 6823 minor [3] 5:10, s:ts, 2525 min0[e (2] 18:19, 232 mlIIateB [4] 39:4, 57:18, 56:22, 70:4 mischatacterizing [2] 75:7, 759 misplaced [1] 605 missed [i] 325 mistake [4j 3oas, 5597, 55as, 55:19 mistakes [2] 53:18,5325 mi>< [i] 426 miring [i] 6020 modify [2] tog, to2t moment [2] 45:7,5824 moments [i] 545 money [7] 10:14, 37:24, 46:4, Keywords for REPORTER'STRANSCRIPT -4/25/96 50:19, 5122, 52:16,64:19 momh [3] 7224,76:12,7623 mOntbB [2] 32:18, 333 mpmimentaUon [2] 33x2, 3323 MOORS [1] Tai MOOre [1] 78:Ia5 IDOI'e [16] 219, 22:15, 238; 2525, 44:7, 46:21, 52:17, 543, 56:17, 59:1, 6o-3, 619, 61:11,695, 745, 76:11 motion [24j 6o:to, 64:4, 64:6, 652, 65:7, 67:7, 673, 67:I7, 6722, 6723, 6725, 689, 689, 68:15, 6¢3, 69:4, 695,69:7, 6924, 712, 732, 766, 76:14, 76:18 move [3] 35:33, 35:19, 56:ie moved [4] 13:15,13:19,435,4323 -- N -- name [6] tab, 18:7, 44:15, 6325, 65:10,68:19 nature [2] 2124, 2125 near [2] 23:11,45:17 neat [I] 53:13 necessary [5] 339, 40:24, 41:13, 41:u,sz22 neighbor [3] 2623,26:24,432 neighborhood [8] 9:14, tt:6, it 9,11:16, 209, 21:24, 35:12,3821 neither [L] 7a:u5 nCN [7] 4:10, 4:1 t, 11:22, 333, 33:I0,33at,43.9 nertdoor [i] 49:1 nine [3] u9o, t6a8, 25x6 ninth [1] 392 non-confotvilng [1] 6:16 normal [i] 38 normally [1] t41o Notch [S] 65:u nOith [2] 320,126 northeast [1] 49 northwest [i] s:t Notary [2] 7E:45, 7&19.5 note [3] 1121, 6299, 72a7 notes [1] 78:75 nothing [2] 16:13, 263 NOTICE [i] t9o notice [3] 4622,5021,5120 noticed [i] n:to notified [i] 2925 Number [9] 3:3, 36, 30:4, 10:12, t0a8, ti3, 399, 6620, 679 number [28] 11:10, I2:17, 13:3, 16:17, 19:19, 19x9, 2x9, 22a7, 2224, 23:12, 23:22, 24:11, 24:16, 299, 29.9, 29:11, 3024, 349, 3424, 36:1, 449, 50:10, 61:16, 62:24, 65:16, 70:11, 70:17, 74.{ nnmber8 [1] 23:1 numeral [1] 22:7 ~~0~~ object [8] 2626, 45:1, 6492, 6496, SS:It, 7Z:t1, 7223, 759 objected [i] 54az objection [3] 2622, 45:13, 4523 objections [1] 66:16 obligation [1] 64:10 obvious [1] 3095 Obviously [1] 63 obviously [2] 176, bza oanpy [i] 4625 OCCnrB [2] 26:10, 54x6 odd-bafi [1]461 office [1] 49:19 Officer [i] 2:14.5 officer [2] 65:14,65:17 offices [3] St:i2 official [3] 226,30:13,3025 offsetfing [i] 12:23 Once [3] 422,1021,1197 once [i] 64:4 One [4] t7:t6,57:tt,bt:tt,622z one [37] 5:14, 13:3, 153, IS:Il, 15:13, 22:7, 2225, 25:6, 253, 26:9, 29:3, 36:1, 3620, 399, 43,3, 43:25, 4824, 50:12, St:1, St2, 519, 53:5, 55:13, 57:18, 58:17, 59:11, 59:15, 609, 61:13, 61:16, 6122, 6124, 653, 68:15, 70:18, 7024, 7f:11 one8 [2] 7A:t4, 20:19 open [2] 44.9,73:18 operate [I] 3523 opinion [2] 56:4, 59:10 opportunity [i] 7323 Oppose [3] 2521, 25.22, 723 opposition [2] 40$,40:7 Option [2] 7520, 76:1 options [I] 763 order [I] ts:t Ordered [Z] 426, 42:7 ordbtance [5] 42, 7:4, s9, 5291, 5324 ordinary [1] 7&7.5 organizations [i] 44:4 oriented [1] 6123 original [3] 821,14:7,15:4 Originally [4] 5:10, 8:10, 1423, 41:17 ourselves [4] 30:3, 33:17, 436, 469 ortcome [2] 136,7&13 outside [5] 28:18, 29:2, 31:7, 34:16, 5493 overall [i] 5:4 ovetfwng [i] 8:16 overhead [5] Sat, 5:3, 6:15, ' I Bounce, Jacftsolt 8t: Spcra (3(13) 329-8618 Court Reporters 1 t LJ BOARD OF ADJ[TSfMBBMf, CITY OF WfIFAT BIDGE, CO 1122, 27$ overheard [I] 29:16 otrn [2] 613, 61:4 owned [i] 15:15 owner [30] 3:15, 5:19.8:19,14:17, 14:18, 19:1,19:4,19:13,1924, 203, 20:14, 2521, 29:12, 32:14, 33:18, 341, 34.3, 3416, 36:4, 3625, 463, 473, 512, 54:21, 55:7, 55:8, 55:8, 55:17, 5520, 5521 pvmet's [i] 50:13 owners [4] S:n, 623, z8s, ass owns [i] 5424 -- P -- packet [$] 42, 1123, 19:11, 27:18, 2723 Page [4] 2722, 2724, 2725, 282 parapet [1] 7t! puaphrnse [i] 8:4 park [i] 730 parking [3] 45:18, 4823, 492 psi[ [9] 1122, 1123, 1124, 15:12, 36:16,469,5822,59:13,65:1 particular [17] 7B, 8:zz, 9:12, 9:19, 92 t, 9:24, 10:2, 1022, 1525, ;622, 3624, 43:21, 47:23, 46:13, 48:19, 762, 769 pubes [i] 78:12.5 puts [i] 4t:t pass [3] 2422,6721,68:15 passed [6] 40:24, 41:2, 6sao, 6E:u, 68:14, 695 passes [3] 67:18, 68:1,76:19 passing [i] 6722 past [4] 26:13, 50:10,56:15,66:19 patience [i] 60:14 patdda [1] 473 PAUL [i] 1:18 Pay [i] 64:n PaylneIItB [i] 6623 people [9] 42:14, 43:17, 44:7,44.9, 44:14, 4622, St:l, 578, 6324 people's [i] 4417 percent [3] 13:4,1721,66x3 perhaps [2] Sts, 52:ta perimeter [2] 7:1x, 7:13 period [i] 5212 permeates [i] 539 permission [1] 65:14 permit [13] 723, 5:10, 143, 145, 15:20, 15:21, 27:10, 27:10, 27:11, 27:11, 30:19, 57:1,66:12 permits [1] 2321 permitted [~] 13:12, 23:19, 6124, 633, 63:21 pert;oa (4] 10:19, 38:4. So:t4, 55:1 personatiy [i] 48:4 persuading [1] 26:12 percoasive [ij us pettUoa [2] toy, 37x3 phpotlophy [2] 538, 53:17 phonetic [1] 59s photograph [i] 1624 physieal [3] 9:19.362x, 375 pittnre [3] 4:15.5:1, 241 pidores [2] 2221, a4•a.4 pica [4] 1323, 3223, 33:4, 6323 pieces [i] 4020 pin [412] 9:t, 93,9:1.9'5, 99,10:1, 123, 12:7, 12x0, t6a, 16.9, 16:10, 27:19, 28:18, 2s24, 293, 295, 29:6, 29:10, 29:18, 31:20, 31:23, 3124, 32:1, 325. 3210, 32:13. 3225, 348, 34:17, 36:10, 37:4, 37:4, 378, 37:19, 38:13, 36:17,605,663,66:7,669,66:11 pins [2] 10.9, 32:4 glare [ll] 53, 65, 27:13, 3124, 35:16, 38:18, 42:24, 43:20, 5020, 5525.5823 placed [6] 1423, 32:10, 37:14, 38x8,425,6}24 placement [6] 6:4,10:1, 29:10, 37:4, 375, 378 plan [i) 5:4 PLANNED [i] t~,S planned [5] 3:13, 3:17, 7.9, 733, 2324 Phmne[ [i] 2125 planning [4] 2tos, 233, nsz, Rao Ping [2] ISxs,z1:6 P~ [i] ~ plastic [2] 3oZ5,3o-z5 Please [L] 45x2 please [1] 70.9 P~ [3] 8:19, 36:4, 53:11 Point [i] 18:1 point [25] 59, 169, 1724, 20:13, 262, 27:2, 2923, 2924, 33:4, 32:7, 52:7, 54:19, 5419, 553, 5720, 5821, 609, 6tfi, 62:20, 6425, 6820, 70:1, 70:10, 7522, 762 pointed [2] 2524, 37x6 pointer [1] xe21 Pointing [i] 593 pose [i] zas popsy [1] z2:to POCK [8] 44:13, 49:18, 49:23, 50:7, 52:1, 527,54x1,58:10 Polk (6] 49:12, 49:13, St25, 548, 563,565 polniticated [i] 72to portion [L] 7621 position [3] 68x6.6917,7336 possible [3] t3xo,16:7,16:7 possibly [2] 38.9,7zs post [2] 520,3224 geywords for REPORTER'S TRANSCRIP'P -4/25/96 posed [i] 65:18 posting [i] n9 postpone [2] n25,7z2o postponed [4] 7o:zo, 72:12, 72:21, 7421 Postponement [7] 7o3s, 7024, 7la t, 71:14, 7137, 72fi, 74a9 potential [2] 44:2, 672 poper [10] 19:3, 19:1 z, 19:I5, 1920, 1924, 1925, 23:4, 23:5, 24:7, 55x2 prutical [i] 139 Pre-determined [i]~:t8 precluded [i] 48:18 promises [i] 6a9 prepared [7] 289, 28:11, 28:11, 39:16,653,7223, 7424 pnlparing [1] 522 pieposterons [2] 5023, sty present [6] 182, 69:1, 69fi, 70:12, 7219.785 presentatioa [3] 42:13, 45:5, 61:7 presenting [1] 60:10 presently [2] 10:19.38:4 president [2] 4z25,43s pressure [i] 21:15 presto [i] 598 presumably [Z] u:1, Izi presumed [1] 16:(0 presuming [1] 16:4 P~'f [2] 43:10, 738 prffidpal (1] 7s priof [5] 321, 1025, 1422, 263, 43a prize [1] 727 plrobiem [3] 6:10, 33:1, 5123 problems [5] 11:19, 12:15, 1320, 168, 63:7 proceed [3] 1a:17, 52x6, 76:n proceeding [1] 53:4 proceedings [3] 7e:6, 7aao.5, 78:135 prodad [2] 4321, 44:12 products [i] 6217 professional [1] 14:16 pro]eetor [i] 255 proper [2] 54:17, 58:14 PTOP~y I2] roan, 1223 properties [4] 11:19, 142, 16:19, 5920 PROPBRTY[1]t£ property [131] 3:11, 3:13, 3:15, 3:19, 320, 4:15, 4:15, 5:4, 55, 5:17, 5:18, 6:17, 623, 623, 7:24, 8:7, 8:14, 9:t, 9:2, 9:7, 9:10, 9:21, 923, to:i, 103, 109, 10:11, 10:14, ID:20, 1025, 115, Ildi, 11:12, 11:15, 13x1, 1323, 1325, 14:17, 14x8, 1421, 1423, 155, 1825, 19:4, 1933, 1924, zo3, 20:7, 20:14, 20:1& ~:~, ~1, 22:14, 23:11, 241, 24.24, 25:3, 2521, 27:14, 2720, 28:7, 26:14, 28:16, 28:17, 29:10, 29:12, 29:13, 29:18, 30:16, 30:23, 30:23, 31:1 1, 3112, 31:17, 32d, 32:10, 32:12, 32:13, 32:14, 32:15, 333, 33:13, 33:14, 33:17, 33:18.33:19, 33:22, 3324, 344, 34.3, 34:13, 34:15, 34:18, 35:4.35.9, 3524.36:10, 36:18, 3624, 37£, 37:14, 3739, 37x9.3725, 3&i. 38:17, 3821, 3822, 3825, 39:1, 40:4, 432, 4625, 473, 47:4, 472.47:10, 52:19, 5421, 54:22, 55:10, 55:17, 55:20, 55:21, 5522, 5523, 56:18, 583, 60:5, 6324, 65:18 proposal [i] 265 pmpOSed ['~] 11:10, 11:17, 16:18, 283 protest [1] s:ta protests [2] 5:16,6520 provided [2] 21:4, 6121 provision [i] 7ts provisions [1] 613 Pubpc [2] 7a:4S, 78:19.5 pnbllc [7] 11:4, ux3, 1134, 3820, 648,719,7621 publish [i] 520 pall [1] 639 palled [1] t52o purpose [6] 10:12, 37:10, 3723, 55:13, 64:15, 6524 ' pURSIIANT[i]1xo pursue [L] 6ts -_ Q -- goapped [1] 623 qualify [i] 5722 gnuter [2] 58:1, 6122 question [i3] 13:11, 17:16, 19:11, 209, 32:17, 35:5, 391. 40:16, 43:2, 523, 56:12, 7(21, 758 questions [33] tza, t6a2, n2z, 393, 408, 40:13, 41:2, 42:11, 42:12, 462, 4724, 49:10, 542 quick [1] 7319 quickly [2] 4:4,8:4 quid. [i] 24:18 -- R -- raised [2] 19:10,60:18 fanged [i] 25:16 ratify [i] 53:13 re-hpr [1] SS:F3 re-vote [2] 683,689 r'taih [i] 12x7 read [3] 15:16, 59:7, 63:19 ready [2] 67:14, 753 r'eat [2] 12:18,4825 ' ~g~,~, Jackson 8:; Spero (3(13) 329-8618 Court Reporters &)ARDOPADJUSfMENf,L7Tt'OFWffEATRIDGE,CO realize [2] 44:19, 45.9 really [9] t3B, 15:12, 3522, 4k1 i, 4525, 46:15, 47:1(, 71:7, 7522 reams [i] suz reason [10] 16:10, z7:1s, 31:16, 36:17, 4121, 48:16, 58:16, 62:23, 64:14, 738 reasonable (131 85, s:7, 13:11, 26:7, 32:3, 355, 359, 36:2, 36:11, 5021, St:t9, 52:16, 5925 reasonably [i] 56:7 reasons [7] 26:17, 39:7, 66:15, 7022, 7222, 73:4,736 reinr [9] x98, x9.9, 29:11, 3024, 31:14, 31:15, 32:23, 33:4.349 1'ebnital [2] 40:11, 58:12 rebnttak [i] 63:12 reran [2] 28x0,4924 reCE'Ived [7] 5:16, 5:18, 824, 162, 28:15.488, 738 recess [i] 703 recessed (1] 7065 recogniflon [i] 65a9 recommendation [i] 686 recommended [1] za9 reconsldel [1] 6920 reconsideration [1] 688 reconvene [2] 703, 7112 record [39] 3:4, kl, 1121, 1123, 13:23, 14:17, 14:21, 17:12, 18:23, 19:17, 203, 2022, 2024, 2130, 2223, 23:17, 23:21, 306, 343, 38:11, 38:14, 39:17, 39:19, 4122, 56:7, 57:12, 5720, 5820, 592, 59:5, 59:6, 60:13, 65:8, 72:15, 72:17, 73:20, 73:22, 74:14, 7s:1os records [3] 73x6, 7324, 75:13 reduce [i] 465 reduced [1] 788 refer [7] 19:11, 29:16, 61:12, 61:39, 61:19, 62:24, 63d references [iJ 6020 referring [1] 6ta3 reflect [1] 382 regard [3] 528, Skt6, 6921 regarding (3] zoao,zo25,403 reguds [i] 4s:t xglSttrEd [2] 6520, 66:16 regret [I] 572 regulation [3] 7:15,13:13, 35:7 regalaNons [4] 10:16, 37:1, bra, 6524 related [3] 6:10,135, 269 relation [3] 73:15 Relative [2] s2, s5 relative [2] 61:7,646 relatively [1] 9a7 relevant [2] 54:n,6zd relied [(] 30d, 36:10, 5520, 56:7 5631,603 relief [i] 6521 xlocate [3] 1mi7,35xo,3s:u rely [i] 36:11 relying [i'] 38:13 remain [i] 6:7 remember [2] 4821, 568 remove [i] t0a7 removed [1] 29d removing [I] 673 renovation [1] 47:18 teP [1] 443 repeat [1] 37:18 report [17] 6:1, 83, 823, 824, /022, 1125. 15:16, 162, 3424, 352, 38:7, 685, 739, 73:10, 73:11, 73:12, 73:17 reported [i] 7s5s Reporter [2] 78:45,78:19 RSPORIBR'S [i] IS Reporter's [2] 7885, 78:10 represent [2] 18:10, 55:11 represwtaflons [1] 6022 representative [1] 29:1 repreSCnttd [1]5125 represeltthig [i] 1a25 represents [2] 5420, 5423 request [12] 36, 66, 406, s225, 67:11, 70:14, ltd, 71:13, 73:18, 7k18, 7524.7525 requested [7] 46, 48:13, 48:17, 493, 66x7, 6824, 76d requesting (3] 525, 1720, 70:18 require (4] 13:14,15:1,486, 6724 required [9] 76, 12:17, 12:18, 144, 35:10, 35:11,48:12, 65:19, 72:13 R13ti10tli3lBAT [i] 16 requirement [8] 38, 63, 720, 724,16x4,1620, t7a4, 6823 regp4ltmentS [7] 56, 5:12, 7:12, 7:18, 725,1523, 5221 reserve [i] 402 residence [1] 4x22 residential [1] x4:18 reseed [6] 342, 5635, Saab, 59a.. 6k12, 6620 respectfully [7] 26:x0, 352 35:25.406, 5224, 5320, SS:tI respects [i] 61:13 respond [4] 54:5, biao, 64x0 75:4 responding [2] 758, 75:16 response [1] 132 relit [2] 22:11,54:19 reSnlt [4F] 921,3624, 378, 5220 resumed [i] 70:7 retail [5] a4:1, 563, 58:5, 6122 623 retailers [i] 443 return [6] 86, 8:7, 13:12, 355 Keywords for REPORTER'S TRANSCRIPT -4/25/96 35.9.36:2 reviews [1] 4321 1tIDGS [1] 1:1.5 Ridge [20] 1az, ta4, z.9, 2x1, 2:11.5, 2:12.5, 2:13.5, 56, 73, 22:2, 225, 22:18, 22:19, 435, 56:1, 61:14, 6525,66:10,68:19,70x6 ' rldiraious [i] 56:16 Right [i] 4831 rlgttt [291 kit,lsd, 1621, zo:1s, 22:15, 22:16, 23:10, 23:1 t, 26:1, 26:27, 272, 30as, 31:24, 3125, 33x7, 319, 43:19, 4422, 4821, 4921, 522, 6F:17, 6424, 711:4, 7024, 7025, 7121, 7123, 726 right-hand [i] a85 right-of--way [i] 153 rig~ltfally [i] 2524 rink [3] 56:16 $OAD [1] 1:7.5 Road [3] 3:t2,69,65:u road [9] 14x4, 14:19, 2220, 233, 23:15, 24:14, 24.16, 2421,43x9 RO]iIDCC [2] t:t7, 1:175 Roman [1] az:7 roof [1] a:t7 roughly [1] 46:10 rule [2] 698,72:17 rules [2] 58:17,72:13 ran [i] 5z:u tans [1] 19:14 ~~ S ~~ safe [1] zlaz safety [3] 11$,11:14, 39:22 sales [1] 43x7 same [12] 49, 10:7, 25:1x, 37:14, 50:14, St:l, 59:17, 59:17, 602, 73:16, 73:18,74.9 SANG [5] 1:18.5, 16:13, 16:17, 17:11, 7520 Savg [i] 17x4 Satisfied [3] 413, 41:10, 42:10 Satislles [i] 75:19 8ai18fy [3] 5221, 5323, 75:18 save [1] 7420 Raw [4] 238, 255, 25:14, 5522 Seal [1] 7ax5 SEAN [i] 2:12.5 sewnd [i2] 13:4, 2722, 27:24, 6424, 65:5, 676, 67x2, 71x3, 7524.. 7525, 76:13, 76:15 Secondly [1] saxz Section [6] 7:3, 7x1, 7x6, 8:1 6822, 72:18 section [5] 75, 6td, 61a4, 61:18 716 see [30] 4:10, 4:17, 4:21, 6:15 1634, 17:3, 21:17, 245, 2k7, 24:7 248, 2kiD, 24:13, 24:14, 24:19, 24:24, 27d, 282, 283, 28:13, 2822, 29:3, 29:7, 29:15, 29:17, 31:11, 33:20, 44:24, 74:7, 76:23 seeking [2j 202x, 513 self-imposed [4] ta24, 66:x0, 68:4,68:7 ~~. self-induced [i] 5223 sell [3] 39:14, 43:14, 583 Ben11 [i] 23:10 BeaBC [2] 73:15, 74:17 sequence [S] 52.9 Serve [i] 72:4 Service [i] 6x:16 Be171ee [8] 13:12, 583, $86, 6122, 62:7, 62.9, 62:11, 62:13 servtcea [1] 62:17 set (5] 7xs, 17:x, ts:zo, zsa4, 78:15 S131'BACH [2] 15,13.5 63.6:10, 6:13, 625, 72, 7:t t, 7:15, 7x8, 723, 5:12, 8:13, 9:17, 10:16,123, [2:16, 13:7, 1625, ]7:17, 20:6, 2023, 25:13, 25:15, 25:18, 25:19, 25:25, 27:11, 27:f3, 30:1, 36:19.3823, 4420, 452, 451, 45:6, 45:14, 469, 46:13, 48.9, 48:11, 48:12, 495, 55:15, 57:14, 57:15, 57:15, 5924,60:7, 66:4,66:17 SUbaC116 [1] 76 , sets [2] 6822, 682s setting [i] 176 Seven [i] 363 Beven [i] 10:18 Seventeenth [3]zs, x55, z8 seventies [i] 148 seventy-three [3] 56x4 several [2] 28:16,33x0 Revere [2] 379,39:7 shape [3] 920,923,3623 shockCd [i] 2623 shop (2j 19:14.3524 short [4] 30:1, 31:13, 41:1, 4x9 shorter [i] 46x0 Shorthand [2] 78:4, 7sa9 shorthand [2] 7855,78:75 shot [1] 4.9 show [ll] 1324, ig3,1923, 2x3, 2220.23x4, 273, 27:16, 30:10, 36:17 75:13 Showed [i] 41:14 shown [i] 5o:n Show6 [7] 3:11, 173, 22&, 29a. 282,50:16,566 side [6] 4:x5, 12:2x, za:4, za:s 59:20, 5921 sides [1] 76:10 sidewalk (1] 422 sign [86] 4:17, 4:18, 4:19, 421 423, 424, 52, 75, 8:15, 8:16, 10:17 12:7, 12:16, 131, 13:18, 15:17, 16:15 ' k3overie, Jat(tsott 81: Spero (303J 329-8618 Court Reporters BOARD OF ADjOSr35@71, CITY OF WE~vtT RIl)GB, CO LJ i 1621, 16:23, 173, 17:7, 178, 17:10, 1825, 192, 39:4, 20:11, 20:12, 211:17, Zt:t, 21:10, 21:12, 22:2, 23:6, 23:7, 23;7, 23:8, 24:11, 25:11, 25:13, 25:18, 27:13, 35:11, 35:13, 396.398, 39:10, 3920, 34:23, 40:19, 41:1, 41:4, 415, 41:7, 419, 41:18, 41:19, 4124, 429, 4421, 45:15, 45:f7, 45:17, 4524, 466, 46:7, 469, 482, 54:17, 5722, 58:1, 60:25, 613, 6120, 6125, 62:2, 635, 6320, 63:20, 64:1,66:4, 663, 666, 66:10, 66:19, 68:7 signage [2] z6.9,~:t9 61gn6 [17] 22:22, 23:2, 23:18, 2320, 3825, 39.9, 45:1& 5420, 5721, 6021, 60:23, 612, 613, 6121, 632, 632,6321 Similar [i] 4:14 similar [1] 59x9 simple [2] 55:13, 56:12 638,644 698,75:31979:1902, 62:1, single-family [i] 3:23 Sir [i] 69:14 sir [4] 1519, 18:15, 172, 3220 site [3] 43,4:12, 5:4 situated [1] 59:17 situation [8j 9:12, 26:8, 38:i3, 403,573,57:4, 59:15, 59:19 six [S] 1092, 68:z5, 7017, 72x8, 76:19 siatie6 [i] 15:4 61ze [5] 39:10, 39:12, 39:14, 3923, 466 siZeS [2] 39:10, 39:13 Ski [i] 43:1 ski [2] 4325,445 skis [i] Ss6 sleight [5] 508, 5024, 53:13, 556, 63.9 slide [1] 251 slides [1] 4:4 slightly [1] 4124 sloe [3] 15:13, 15:13, 51:16 small [2] 4:18, 23:14 smoke [i] 555 sneak [3] 56:15,5624, 5624 Soft [1} 423 somebody [i] so:u someone [4] 2a:tt, 4925, Soto, 54:12 somethin8 I9l 149, 329, 45:12, 476,488,4823,52:17,5323,556 Somewhere [i] 14:16 somewhete [Z] 35:12, 35:15 sorry [14] 19:22, 30:14, 34:8 37:11, 37:17, 42:24, 44:25, 47:11 5124, 525, 57:14, 5924,60:12, 61:12 Sort [i] 3x95 Sorts [2] 2323,243 sound [i] 425 south [8] 325,425, 723, 9:7,171, 17:7,4610,67:4 lloldheastern [I] 47.9 SOUthEre [1] 12:16 goutheramost [1] b:t6 snnth~re8t [2] 92,93 spas [3] 4417,46:15,48:24 gpaCeB [1] 491 gpeclftc [4] 921,3683, 426.70•.14 apeeif7eally [6J 75, to23, zz9, 33:2,5411,6825 spellleg [i] 599 upend [4] 46:4, St22, 52:15, 6321 speeding [1] So:t9 gpeat [1] 438 sport [1] 43:15 eprialcler [1] 4721 BS [i] 7825 stability [1] 415 8tilfE [20] 6:1, 83, 86, 821, 823, 824, 1021, 11:7, 1125, 162, 3424, 352.36•]. 38:7.668, 685, 739, 7311, 7311,7317 standard [1] z9:w smetlardized [1] 399 standards [3] a1x4,4i:u,61:4 staedpoint [3] 13.9,13:14, 6624 stands [i] 6924 Stott [2] 2021, 52:15 STAIR [i] 782 State [i] 7s:a5 state [S] 205, 366, 45:3, 53:10, 573 stated [3] n94,2o:4,4t3 8tateIDeet [3] 5322, 63:14, 73:10 statemrntS [1] 75:10 states [3] 75,xu,612o steel [1] 9:4 stenographic [i] 7s5.5 still [2] 3015,46:7 SfOOd [I] 21:17 stop [1] 7597 Stopped [1] 44:10 store [2] 24:1, 242 Street (3] z3. z5.s, zs sheet [1] 45:20 5tteet5 [1] tta3 stress [2] 3922,418 Stretch [1] 23:14 Shickland [3] 22.5, z5, te9 strict [1] 37:1 shidly [2] 44:14,495 sttnngly [2] 369,386 stractnral [3l tz:is,zla,4t:4 6trerture [5] 6:12, 7:7, 9:16,1223, 1315 shucmres [2] 7:ts, 38:s lttrnggling [i] 43:13 Keywords for REPORTER'S TRANSCRIPT -4/25/96 stark [2] 32:4.325 seb]ed [3] 321 anbmit [4t] 358, 52:20, 52:24, 5320 sebmltted [2] 14.4, 27:7 sehsectloa [i] 6115 Sebsegomt [1] 823 sebsegeeat [2] 6:11, 7:1 sebslAmdard [2] 625, 72 sebstaetlallp [5] u1z, u15, 172,6523,6623 suggest [4] 26:20, 3525, 39:17, 643 soggesied [i] 26:19 suggests [1] 59:12 ttniWbllity [I] 40:22 Suite [2] 28.5,49:19 supplement [3] 21:23, 39:19, 4I2Z supplied [1] 1522 sepply[2] IF:tl,16:19 sepport [2] 1223,69:16 sepporting [ij 646 supports [3] 2o5,s5:14,55:t5 6uppose [1] 1220 8npp0sed [3] 31:1, 31:4, 34:10 Sepreme [2] 58:18, 599 $lire [1] 1822 sere [i4] is9, 1592, zz:1, zs:s, 27:17, 2922, 322.38:17, 48:10, 5725, 648, 64:18, 6423, 7321 8ene~~ [3j 3:17,119, 375 sarroendings [Zl 920, 3622 ~7 [391825, tog, ta25, tz3, 12:7, 12x0, 14:4, 146, 14:17, 1420, 14:22, 15:1, 168, 27:7, 29:7, 29:16, 305. 308, 30:32, 30:13, 3t:Z3, 32:18, 3221, 33:3, 339, 33:11, 33:12, 3320, 34:1, 343, 34:5, 38:16, 479, 4723, 52:18,56:4,561,663,6625 surveyed [5] 32:4, 33:21, stag, Sl:t 1, SI:IB surveyor [lOJ 296, 299, 30:17, 3020, 329, 3321. 36:10, 56:2, 563, 6322 surveys [6] 13:22, 14:2, t4:to, Sl:t3, 5524, 562 swear [31 t&t4, 42:1s, 4922 -- T -- tabs [1] 30.9 take [5] 1225, 1s:19, 43:19, 59:1, 69:19 taken [$] 7:22, 14:19, 5823, 69:18 729 taking [I] 14az taktsgs [i] ts2 tape [1] 27.13 t9lprrmgSere [1] 52a7 tqr [i] 56:17 terLnology [i] 43:14 telephone [1] 248 tell [141] 721, IS:I4, 25:15, 30:7, 30:17, 42:18, 4722, 4922, 50:15, 516, 51:17, 55x4,72:1, 74:23 telling (3l 4c23, 519x, 5121 ten [3] 522, 56:16, 70.3 ten-foot [1] 1624 {Cn-minute [1] 703 tension [2] 233,24:7 term [2] S7:t7,73:14 teems [3I 1224, ts2, 5222 test [1] 4024 testify [1] 49x5 tests [3] 418, 418,41:12 Thank [15] 1723, 18:13, 18:17, 196.28:22, 42x3, 4221, 46:1, 4623, 49.9, 506, 54:1,54:7, 6221, 705 thaek [3l zo2t,49:u,6ot4 '!banks [1] 1321 theory [1] 75:13 thereafter [i] 78a thicket [1] 296 thing [ll] 14:14, 18:22, 25:13, 323, 44x2, 44x9, 4423, Sk6, 52:12, 56:17, 6222 things [6] 12:25, 43:16, 43:20, 5025, nto, 76x2 thiNes [3] 4125 THOMAS [3] t9s ihoronghly [2] 4z:1a, 51:18 thoaght [6] 19:8, 26:x2, z7:19, 31:13, 32:11, 53:14 thnesand [z] 33:tc, s6:n thonsandB[1]6622 Three [1] 36:13 three [6] 2222, 2224, 232, 4s:ts, 54:20,673 Thntsday [2] 1:12, 72:12 tie [2] 64:1,642 Time [i] 32 time [21] 5:21, 9:4, 17:24, 18:4, 402, 40:12, 4320, 44$, 45:11, 52:14, 53:3, 53:15, 54:4, 5722, 59:1, 61:11, 6424,703,70:10,7025,73'22 times (3] 449, soa0, R:u timing [i] 529 t~7 [3l 2117,7325,7425 told [5] 32:14, 33:19, 346, 34:16, 52:16 Tom [i] 653 tonight [2] 195, zo:1 top [2] 4125,422 topographical [5] 9:20, 9:24, 3623, 376, 37:7 towards [2] 48, S:t tower's [1] 233 towers [1] 4424 ' BoygYe, JackSOtt ac sper4t (303) 329-8618 Court Reporters BOARD OF ADJUSTMEN'P, CITY OF W}IIAT RIDGE, CO 0 ~~ u 1 i town [1] 5310 traffic [1] 45:22 TRANSCRD''f [i] 132 Transcript [2] 7885,78:10 transit [i] 34:12 treat [2] 59:15,5997 treated [S] 40:4, 55:19, 58:19, 73:I2, 73:15, 74:12, 74:15, 74:16 treatmear [3] 403, 57.22, 602 treats [i] 74:1 trick [i] 63:(0 trouble [2] 63:16,64:17 tNe [9] 9:7, 99, 31:5, 318, 5021, 6713.713, 71:10, 7890 truth [3] 18:14,42:19,4722 trufhfal [I] 50:4 try (5] 34:22, 50:23, 53a5, 54:14, 5623 trying [16] 22:10, 29:5, 33:16, 4;94, 50:12, 55:1, 55:3, 553, 568, 5624, 5922, 639, 63:10, 69:14, 7325, 75:11 'lhesday [i] 7325 turned [i] 4825 tata8 [i] 3022 twenty-one [1] 25:16 Two [3] 2225, 23:18, 36d two [19] 15:14, 23:4, 239, 248, 285, 32:18, 33:3, 4025, 52:10, 578, 5920, 5921, 61:13, 63:1, 6320, 66:16, 6620, 702, 76:2 two-part [i] 44:18 type (3] 44:12, 4ab, 5397 typewritten [1] 788 --U-- IIh-hah [i] 471 unable [1] 7423 aaanlmoos [i] 59:to tlnappllcable [3] 698 nnrontrolled [1] 59:13 understand [f3] 1422, 253, 255, 27:1,299,458,595,695 tmderstanding [4] 98, 34:15, 352,4122 understood [2] 33:13,66:18 unfair [3] 5024 unfairly [2] 73:15, 74:15 IInfortunately [1] 43x7 uniform [2] 3716, 41:10 IInintenfiooally [1] 60:4 IInigae [6] 820, gat, 363, 368, 369,3721 nnnereSBary [1] tt2 unnoticed [1] 916 unofficial [2] 308, 3o:tz 11nIIWal [3] 923,24:19,3420 IInwan'antcd [1] 59:12 update [1] 15:1 ntgc [i] 385 I1aIIauy [i] IDao -- V -- V-ghaape [ 3]x:19 values (i] ua5 Vann [i] 47:4 VARIANCE [I] t3 •ariaate [57] 3:7, 38, 4:7, S:IO, Sal, 5:15, 62, 9:13, 1023, tta, It:4, 138, 1797, 17:19, 17:20, 19:15, 20$, 23:18, 25:11, 252D, 2621, 26:24, 2625, 273, 362, 3722, 38x9, 45x4, 48:1, 485, 488, 489, 48:15, 48:17, 49:4, 53:1, 55:14, SS:IS, 57:22, 57:15, 57:16, 57:19, 601,60:11, 66:13.6617. 68:4, 68:24, 692, 69:4, 69:7, 69:25, 7020, 74:11, 74.•13, 7421, 75:1 Va[lante6 [5] 2223, 22:25. 263, 26a4, 66a9 variation [8] 103, 10:13, Iiai, 36:i3, 37:10, 3713, 3722, 3723 variety [1] 6022 verbaily [lJ 473 verws (2] 4:18.612 vice [I] 4225 viewhlg [1] 48 vlgoroIISly [i] 723 violation [i] z5a9 vlrtaallp [1] 399 ~s~~Y (3] 4324, 442, 4524 visible [1] pa VOhmt [21] 4:17, 422,423, 2325, 24:11, 25:10, 263, 2623, 43:1, 48:14, 5424, 5425, 58:4, 5822, 5923, 61:20, 622, 628, 633, 6&~4, 665 Volffit's [2] 268,44:15 vote [8] 67:14, 6724, 69:4, 69:11, 69:18,6920,6924, 76:17 voted (2] 643,69:12 votes [2] 6823, 69:1 voting [2] 67.9, 67a0 vouch [2] 39x9, 448 -- ~ -- WA [4] 659,65:16, 70:11, 70:19 WA-96-11 [3] 125, 33, 35 Wadsworth (2] 15a3,51a6 walk (i] 328 WALHBR [491 t:i7, 3:3, 16:12, 1722, 18:4, 18:13, 18a6, 1822, 1824, 195, 282D, 40:11, 42:12, 42:18, 4222, 455, 459, 46:2, 4724, 49:to, 44:14, 4917, 4921, 505, 52:5, 542, 5821, Keywords for REPORTER'S TRANSCRIPT -4/25/96 59:4.60.9, 60:16, 6t:(t, 625, 62:10, 62:19, 63:12, 64:25, 67:10, 67:13. 6720, 68:11, 6923, 708.71:1, 73:1, 733, 75:18, 76:13,76:16, 7620 wanted [2j 553,60! wants [2] 5422,7423 ware110II8G [~] 2325, 2325, 242, 584 waste [i] 64:19 water [1] 15:14 way [13] 2223, 23:16, 258, 36:20, 388, 3923, 40:4, 41:17, 45:10, 59:16, 59:18,73:13.75:15 WAYNR [i] 78.4 Waync [1] 78:18.5 ways [1] 263 weather [i] 4395 Webstee's [i] 6216 Wednesday [1] 73:25 wellim (3l tt:t, its, 3820 Well [15] S:t7, 123, 333, 46:14, 48:11, 498, 49:18, 50:18, 548, 55:7, 5525, 5621,5825.68:13.73:7 well [15] 3:24, 1124, 13:18, 15:10, 175, 20:7, 25:14, 28:13, 2&23, 29:13, 503,51:14,5525,743,748 well-doamerted [i] 51.9 Wes[ [7] L•13, 2a1, 2I3.3a2, 313, 69, 49:18 west [7] 4a4, 4:19,168,179, 245, 432,56:1 westbotmd [1] 4521 whatsoever [2] 179, a6:4 WHEAT [1] t:ts Wheat [20] 1:12, 1:13, 29, 2:1 t, 2:l l.5, 2:12.5, 2:13.5, 55, 73, 222, 223, 22:18, 22:14, 43:5, 56:1, 61:14, 6525,66:10, 68:14, 70:16 whetsas's [1] 65:12 WherCIIpOn [2] 705,7624 who's [3] zt:~,so:u,w:u wife [i] 28:7 WQ.L4tM [1] taps wllllng [2] 46:4, 53:18 wind [i] z1a4 winter [i] 43:15 WISh [4] 2820, 53:14,6420, 64:20 wished [1] 64:19 withstand [1] zta4 WITNBSS [i] 78:145 wondered [i] St24 word [1] 625 words [1]408 work [2] 4722, 533 world [i] 44:1 worry [i] 723 writing [2] 162,475 wrnttg [4] 30:27, 31:10, 378, 38:18 --Y-- Yamaha [lj 24•to YARD [2] ti,13.5 yard [7] 39,6:t,62,63,7:i8,s:lt, 9:17 Yeah [2] 48:16,63:13 year [9] 259, 25:10, 43:6, 438, 4320,4321, 47:17, 57:13,683 year's [iJ 5822 years [7] 22.9, 2224, 32:3, 32.9, 32:10, 50:10, St8 yield [4] I3:II,353.359,36a YoII'Ye [1] 24:1 you've [3] 19:(0,52:18,63:16 yoIIng [1] 43:13 -- z -- zceo [1] 76:19 Zone [i] z2az zone (1] 7:16 ZONBD [1] 13 zoned [2] 3:13, 331 ZOaing [15] 3:10, 4:2, 2:12, 7:4, 7:7, 78, 88, 10:7, 22:5, 225, 228, 37:15,58:19, 59:16, 61:14 ' goyerit, Jackson. 8t: Spera (303) 329-8618 Court Reporters t 3 1 P R O C E E D I N G S 2 (Time: 7:51 p.m.) g CHAIRMAN WALKER: Case Number WA-96-11. 4 ;(Off the record.) 5 MR. GIDLEY: Members of the Board, Case 6 Number WA-96-11 is a request by C&E Communications 7 for a variance for billboard. It's a 5-foot setback 8 variance to a 50-foot normal setback requirement for 9 the front yard. 10 I have a copy of the zoning map on the 11 overhead which shows the location of the property 12 generally. It is 10501 West I-70 Frontage Road 13 West. The property is zoned planned industrial 14 development. The applicant is C&E Communications. 15 fihe owner is Daniel Dearing. The current property 16 is used as High Country Auto Body. 17 The surrounding area generally is planned 18 industrial development or general commercial 19 category with the exception of the property directly 20 to the north which is the property that was the 21 subject of the prior case, which is zoned 22 agricultural. 2g Does have a single-family home on it as 24 well. Of course, Interstate 70 is just to the 25 south. 4 1 I would like to enter into the record the 2 zoning ordinance, case file and packet materials, 3 all exhibits and a site cover, Mr. Chairman. 4 I'll quickly go through some slides of the 5 area. ` 6 The billboard that is being requested for 7 a setback variance is in the center. This is a 8 viewing across Interstate 70 towards the northeast. g This is another shot of the same 10 billboard. You can see new construction. The it building to the right is a new addition to the 12 existing building on the site, High Country Auto 13 Body. 14 This is looking to the west. Similar 15 picture. The property boundary-- the front property 16 boundary is to the left. 1~ You can also see the Volant sign, a 18 free-standing sign versus a billboard; the small 19 -dark sign with the V-shape further to the west. 2p This is looking back to the east; the 21 Volant sign in the foreground. You can see the 22 curbs, gutter and sidewalk. Once again, the 23 billboard behind free-standing sign, the Volant 24 sign. 25 This is on the south side of I-70 looking 1 back towards the northwest. A good picture. That's 2 the sign. That's the billboard. 3 I will place on the overhead a copy of the 4 overall site plan for this property. I would like 5 to indicate that the property is within the City of 6 Wheat Ridge. All location requirements have been 7 met. Therefore, there is jurisdiction to hear the 8 case. 9 I would also point out this application 10 was originally filed as a minor variance, an 11 administrative variance that could, if all 12 requirements are met, be determined by the zoning 13 administrator, which is myself. 14 In this instance one of the criteria for 15 making a final determination on a minor variance is 16 that there are no protests received from any 17 adjacent property owners. Well, in this case there 18 was a protest received from adjacent property 19 owner. That is why the matter is before you. We 20 had to go ahead and publish and post and put it on 21 your agenda because at the time that we were 22 preparing this the ten days had not elapsed yet. 23 But be that as it may, that is why it is 24 before you. 25 Generally the applicant is requesting a 5 6 1 4.62 front yard setback. The staff report says five 2 feet. It should be 4.62 front yard setback variance 3 to the 50-foot front yard setback requirement for 4 the placement of existing illegal billboard. 5 Obviously, the billboard's already in place. 6 %Approval of this request would allow the 7 billboard to remain at its current location 45.73 8 feet. The existing billboard which is located at 9 10501 West I-70 Frontage Road was erected with a 10 non-conforming setback and a related height problem, 11 which we'll discuss in the subsequent case. 12 When a billboard or other structure is 13 constructed, measurement of its setback is done to 14 the leading edge of the billboard. In this case 15 here you can see .on the overhead the leading edge of 16 this billboard would be the southernmost edge of it 17 to the property line. ig The building inspector inspected the 19 premises, found and determined that it was 20 approximately 46 feet from the leading edge of the 21 billboard to the fence. 22 The fence had been indicated to us by the 23 property owners as being the property line. So, 24 therefore, based upon that we believe that the 25 billboard had a substandard setback. We did some I i 1 1 7 1 subsequent measurements and found indeed that it was 2 a substandard setback. 3 Section 26-412(a)(3) of the Wheat Ridge 4 code of laws which is the zoning ordinance and 5 specifically the sign code billboard section states 6 setbacks shall be as required for principal 7 structure~in this zoning district where located. g In this particular case the zoning 9 district is a planned industrial development. It's 10 called the Becker Industrial Park.. 11 Section 26-25 (3)(d) states setback 12 requirements for buildings adjacent to the perimeter 13 -- which this would be the perimeter of a planned 14 industrial development -- shall be established using 15 setback regulation as set forth in the light 16 industrial zone district. According to Section 17 26-24 (h)('S) which is light industrial I-zone front 18 yard setback requirements for structures is 50 19 feet. That is why before you it is-- it did not 20 meet the requirement of 5D feet. 21 I would tell you that the application that 22 was taken out for the billboard clearly indicates on 23 the face of the permit 50-foot setback; south 24 property line was the requirement. It also 25 indicated that all requirements of the billboard 8 1 Section .412 had to be met. 2 Relative to the criteria, you have copies 3 of the criteria in your staff report. I'm going to 4 quickly paraphrase this information. 5 Relative to the issue of reasonable 6 return, the staff concludes that there can be a 7 reasonable return if this property is used in its-- 8 under conditions under zoning ordinance under which 9 it`s allowed. 10 The building permit was originally 11 approved on the basis that a 50-foot front yard 12 setback could be met. The addition of the.High 13 Country Auto Body-- had a setback approximately 80 14 feet from the front property line. This distance 15 allows for a billboard sign of at least 30 feet, not 16 counting the amount of sign that can overhang the 17 addition-- the roof addition on the building 18 itself. 19 Is the plight of the owner due to any 20 unique circumstances? 21 The staff would amend its original 22 findings in this particular case as is currently in 23 the staff report. Subsequent to the drafting of the 24 staff report we have received from the applicant and 25 applicant's attorney a survey which indicates that a 9 1 property pin was improperly located. This is the 2 southwest corner of the property. The fence is just I 3 inside of the southwest corner. There's a pin-- I 4 guess it's a steel pin that was located at the time 5 that they were measuring the location for the 6 billboard. That pin is approximately 4.62 feet ' 7 south of the true corner of the property.- g ~My understanding is that the contractor, 9 believing that was the true corner pin to the 10 property, measured fifty feet back to the leading ' 11 edge. This may constitute a unique circumstance in 12 this particular situation. lg If the variance is granted, would it alter 14 the essential character of the neighborhood? 15 We have indicated no. In the current 16 location, a structure which encroaches a 50-foot 17 front yard setback by 4 feet is relatively ' 18 unnoticed, l i 19 ca Would the particular phys 20 surroundings' shape or topographical condition of 21 the specific property involved result in particular ' 22 hardship? 23 No, the property has no unusual shape or 24 topographical features that create a particular 25 hardship in this instance, although the incorrect 1 10 1 property corner pin placement may be considered a 2 handicap and a hardship in this particular 3 instance. 4 Number five, would the conditions upon 5 which the petition for variation is based be 6 applicable generally to the other property within 7 the same zoning classification? g We would modify our finding here to the 9 following: No, because most property survey pins 10 are usually located properly. This is an incorrect 11 location for the property, then. 12 Number six. Is the purpose of the 13 variation based exclusively upon a desire to make 14 money out of the property? 15 Yes. For the billboard to conform to the 16 current setback regulations, it would cost the 17 applicant a fee to remove and relocate the sign. lg Number seven. Has alleged difficulty or 19 hardship been created by any person presently having 20 an interest in the property? 21 Once again, we would modify our staff 22 report in this particular instance. Yes, the 23 hardship of this variance was specifically 24 self-imposed. If the applicant had confirmed the_ 25 property line location by survey prior to 11 1 construction, a variance would presumably be 2 unnecessary. 3 Number eight. Would the granting of the 4 variance be detrimental to the public welfare or 5 injurious to the property or improvements in the 6 neighborhood in which the property is located? ~ The staff concludes no, the billboard 8 would not affect health, safety or welfare of the 9 surrounding neighborhood. 10 And number nine. Would the proposed 11 variation impair the adequate supply of light and 12 air to adjacent property or substantially increase 13 the congestion in the public streets or increase the 14 danger of fire or endanger the public safety or 15 substantially diminish or impair property values 16 within the neighborhood? 17 Once again, we found no, that the proposed 18 billboard would not impair light, air; cause any 19 problems for adjacent properties. 20 I believe I have entered all exhibits in 21 the record. I would note that the exhibit that I 22 have on the overhead is a new exhibit; is not a part 23 of your packet. It is a part of the record. It's 24 part of the file as well. 25 That concludes the staff report. 12 1 Are there any questions? 2 MR. ABBOTT: Glen, are you saying that if 3 the survey pin was correct, their setback would have 4 been correct? 5 MR. GIDLEY: Well, presumably. If the 6 intent was to measure 50 feet to the north of a 7 correct survey pin, then the location of the sign 8 would be 50 feet back. g When you measure 50 feet back from the 10 incorrect'survey pin, it is 50 feet to the leading 11 edge. 12 I believe that they had intent to comply 13 with the law. 14 MR. ABBOTT: Okay, then, this could be 15 corrected? I know there are structural problems, 16 but you could cut off the southern edge of that sign 17 the required number of feet and reach the actual 18 required setback from the real corner location; is 19 that correct? 20 -MR. GIDLEY: I suppose you could. You'd 21 probably need to do it in a balanced fashion and go 22 on the other side so that the foundation could 23 properly support the offsetting structure. 24 I'm not an expert in terms of fabrication 25 of these things, and don't know what it would take i 13 1 to do that. 2 MR. ABBOTT: In the criteria on response 3 number one, I'm not following that a hundred 4 percent. Are you saying that the second case we'll 5 be hearing related to this sign as to height will be 6 affected by the outcome of this variance, the 7 setback? g MR. GIDLEY: Not really. What we're 9 saying is that if-- from a practical standpoint that 10 it is possible -- and that's why we have indicated it that the property in question can yield a reasonable 12 return in use, service or income permitted to be 13 used only under the conditions allowed by regulation 14 -- from the standpoint that if you were to require 15 the actual structure to be moved back four feet in 16 this direction -- okay? -- that the addition that's 17 currently being constructed in this area here is 18 well lower than the bottom edge of the sign. So it 19 actually could be moved back without encroaching or 20 causing problems for this building. 21 ~MR. ABBOTT: Thanks, Glen. 22 MR. ECHELMEYER: Are there not surveys on 23 record with the City on a piece of property like 24 this that show the actual location of the four 25 benchmarks for the property? t 14 1 MR. GIDLEY: The City does not maintain 2 surveys of alI the properties within the city. 3 Whenever a building permit comes in for a building, 4 a survey is required to be submitted with that 5 building permit. 5 There was probably a survey when this 7 original building was built that dates back to the 8 early seventies, whenever it was built. -I think 9 around '75 or something like that. But the City 10 does not normally maintain surveys. The county 11 does. Not the City. 12 MR. ECHELMEYER: With the taking of land 13 through eminent domain for I-70 and then for. the 14 frontage road, the next thing after this is an 15 irrigation ditch, and that then comes at the fence. 16 Somewhere there must be a good professional job of 17 survey on record either by the owner of the property 18 now or the owner of the property as the land was 19 taken for frontage road. 20 MR. GIDLEY: There is a survey of the 21 property. It is on record. But you have to 22 understand that survey was prior to buildings being 23 placed upon the property originally. Okay. 24 When they did their addition here, since 25 it was in line with the existing building here, we i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 didn't require an update to the survey. To my knowledge there have not been any takings in terms of additional right-of-way along this area since the original interstate was put in in the late sixties. So this front property line should not have changed. MR. ECHELMEYER: Whose irrigation culvert is that? Is it a ditch culvert? MR. GIDLEY: There's a ditch that goes up in this direction and I'm not sure if there's one through here as well. There's one down through here. I'm not really sure whose ditch that is. That might be part of the slue ditch. The slue or the Wad-sworth; one of the two. And I believe that the water in both of .those are owned by the City of Arvada. MR. ECHELMEYER: As I read the report, I get an indication that the sign was put up and built before-_the_planning department even knew about it. MR. GIDLEY: No, sir. They actually came in and pulled a permit for the billboard. We knew where it was going to go. We gave them the permit based upon the information that they had supplied to us. We focused their attention on the requirements and the code of laws. We gave them copies of it. And in this particular instance it is my t 16 1 belief that-- especially based upon the information 2 that I received after writing the staff report, that 3 this is a legitimate error, and the error is based 4 upon an incorrect pin location or at least presuming 5 that this is the location that they actually 6 measured from, which is what they have indicated. 7 It's possible-- it's quite possible because there 8 are survey problems generally in the west area. I 9 don't know how the pin got located at that point but 10 for some reason .the pin was there and they presumed 11 it was correct. 12 ,CHAIRMAN WALKER: Any further questions? 13 MR. SANG: Glen, nothing has been 14 addressed so far as to the height requirement on a 15 sign? 16 MR. GIDLEY: That's in the next case. 17 MR. SANG: Okay, but according to number 18 nine -- that the proposed billboard doesn't impair 19 the supply of light or air to adjoining properties 20 -- if it were brought into the height requirement 21 of 35 feet, wouldn't it then affect the sign of High 22 Country insofar as blocking it? 23 AMR. GIDLEY: The autobody sign that you 24 see in this photograph, I believe that's a ten-foot 25 setback, which is-- would be approximately 35 feet t 17 1 further to the south. I don't believe that it would 2 block it.; It's substantially set back further. 3 Let's see if have a drawing that shows 4 that. 5 The autobody sign is located approximately 6 in this location over here, obviously setting well 7 to the south of this sign. No matter what height 8 this is, this sign should be visible from the east 9 and from the west. There's no blocking whatsoever 10 of this sign by this billboard. 11 MR. SANG: Okay. 12 (Off the record.) 13 ~MR. McCARTNEY: I'd like to clarify-- Mr. 14 Sang stated that the height requirement was 35 15 feet. It's actually 32 feet. 16 MR. ABBOTT: One question. You said in 17 the beginning, Glen, that the setback variance was 18 not five feet. It was what now? lg MR. GIDLEY: It's a 4.62 variance that 20 they're requesting; not a 5-foot variance. It's 21 less than 10 percent. 22 CHAIRMAN WALKER: Any further questions? 23 ,Thank you, Glen. 24 At this point in time do we have any -- we 25 have-- i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 Point of order, Glen. Do we have the applicant present their case first? `MR. GIDLEY: Yes. That's correct. CHAIRMAN WALKER: All right. At this time we'll entertain the applicant to come forth and give us your name. MR. MELCHER: Mr. Chris Melcher. I'm an atto Hyatt, Farber & Strickland, represent the applicant C&E also joined by my colleague firm also. Chairman, my name is rney with Brownstein, and I'm here to Communications. I'm Cole Finegan from the .CHAIRMAN WALRER: Thank you. And do you swear to tell the truth as you know it? MR. MELCHER: I do, sir. CHAIRMAN WALRER: We appreciate that. Thank you. You may proceed. MR. MELCHER: If I could beg your indulgence and just take a minute to bring some exhibits over here and set up an easel. Is that all right? CHAIRMAN WALKER: Sure thing. (Off the record.) CHAIRMAN WALRER: Backing up on you-- are you representing the sign company or the property r 19 1 owner? 2 MR. MELCHER: The sign company, sir. And 3 I can show. you I have power of attorney from both 4 the sign company and the property owner to be here 5 tonight and speak for them. 6 CHAIRMAN WALKER: Thank you. We were 7 confused. g MR. MELCHER: They thought it would be 9 better just to handle it together f-or this case. 10 While you're on that-- since you've raised 11 that question, I'll refer to a packet that you have 12 which has a power of attorney dated March 29, 1996, 13 from the property owner, which is Daniel Dearing who 14 runs the High Country Auto Body shop and he gave us 15 power of attorney to file the variance application. 16 And I will give you copy of that. 17 I'd like to enter into the record if I 18 can-- I've got copies here for you. It's Exhibit 19 number 6, applicant's Exhibit number 6, which will 20 be the power of attorney I've just talked about. 21 I also have here what I've labeled Exhibit 22 29 which will be copy of-- I'm sorry -- Exhibit 27. 23 These are copies for the board which show that the 24 property owner has given us power of attorney, 25 giving Mr. Finegan and myself power of attorney to zo 1 be here tonight to talk with you. 2 Before I begin I'd like to enter on the 3 record that the property owner Mr. Dearing has with 4 this letter stated that-- or given us authority to 5 state that he fully supports this variance 6 application for the setback. That it will enhance 7 his property as well as not do injury to the 8 neighborhood. 9 To answer a question of the board earlier 10 regarding High Country Auto-Body, a board member 11 asked if lowering the sign would block High Country 12 Auto Body's sign. 13 I just want to point out that High Country 14 is the property owner and they are the ones who 15 leased us'the right to come on-- to put up this 16 billboard. .They want the billboard there. So 17 they're not concerned about blocking this sign or 18 their light and air of the property. They're happy 19 to have that billboard there and they're the ones 20 who have allowed us to enter the property. 21 I'd like to start and thank Mr. Gidley for 22 correcting the record. We are seeking a 4.6-foot 23 setback. 24 I would also like to correct the record 25 that there's no longer any concern regarding the 21 1 structural integrity of this sign or any concern 2 about how it was built. 3 I'd like to give you documents that we 4 have provided to the City and a letter that I gave 5 the City a few days ago which confirms that we spoke 6 with Mr. Gidley, the director of the planning 7 department, and with Mr. John Eckert, who's the 8 chief building inspector, and they confirmed in a 9 conversation with me that they have no more concerns 10 _about that sign. 11 We have an engineer's certification on 12 every aspect of that sign. It's completely safe. 13 It complies with all industry building codes and 14 standards codes and is able to withstand wind 15 pressure I'believe of up over a hundred miles an 16 hour. 17 As you can see, if it stood up today, it 18 probably should be okay. 1g We have an engineer's certification and 20 I'll enter those into the record now. These are 21 marked Applicant's Exhibit 29. 22 Now before I describe this application, 23 I'd like to supplement what Mr. Gidley talked about, 24 and that's the general nature of this neighborhood 25 and the general nature of this location. 1 1 22 1 This property is located as I'm sure you 2 know in what Wheat Ridge calls sign area or 3 billboard area district B-2. And if I can show 4 you-- I have marked that Applicant's Exhibit A. 5 This is from the Wheat Ridge zoning code. It's the 6 official billboard zoning map of the city. It's 7 figure 26, Roman numeral four one. We have drawn 8 this directly from the zoning code and it shows that 9 the city has a number of years back specifically 10 adopted a policy of trying to get all the billboards 11 out of the rest of the city, which is called 12 district B-1 or Zone B-1 and get them into B-2. And 13 that's where they all are now. 14 And the property we're talking about now 15 is right here. on I-70. It's no more than I think a 16 hundred feet away from I-70, right next to the 17 highway. And it is where a large number of the 18 billboards in Wheat Ridge-- I would guess the 19 majority of billboards in Wheat Ridge are located. 20 If you look at this road. -- and I`11 show 21 you pictures of it -- Medved Chevrolet is here.. 22 They've got three big signs that I hereby enter into 23 the record, by the way -- the Medved variances over 24 the last number of years. They've had three 25 variances, I think. Two by Medved and one by the 1 Chevrolet dealer. I'll give you the case numbers in 2 a minute. They have three large signs here. 3 A little bit .further down the road 3M 4 Media has two big billboards. Their high power or 5 high power line., tension tower's there. Then there 6 is the lo£ which has a sign there and then there's 7 our sign or the C&E Communication sign, the High 8 Country Auto Body sign you saw. 9 There's two more big billboards back to 10 back right next to a big semi lot which I think was 11 right near this property that the gentleman before 12 this case was talking about. And there's a number 13 0£ other billboards all along there, and I'd like to 14 show you a blow-up just looking on a small stretch 15 of this road here. 16 By the way, I forgot to mention the Medved 17 Chevrolet-- I'.d like to enter into the record this 18 variance application. Two of the Medved signs are 19 applied and permitted as billboards. They're not 20 free-standing signs. Those are billboards. And we 21 enter into the record their permits. 22 So we've got a number of billboards up and 23 down here for all sorts of businesses. 24 As you know, this is a planned industrial 25 development. -The Volant warehouse is a warehouse. 23 24 1 It's not a retail store. It's not a commercial 2 store. It's a warehouse; manufacturing. 3 You've got all sorts of businesses along 4 here. 5 And here you can see-- this is a picture 6 from the west of the property looking east. You can 7 see the high power tension lines. You can see the 8 telephone lines; see these two billboards I talked 9 about. 10 You can see there's a Yamaha billboard. 11 There`s the Volant sign. There's ours, and a number 12 of other billboards down here. 13 You can see there's manufacturing along 14 the road. Here you can see how close I-70 is. It's 15 just, as I said, probably a hundred feet off the 16 frontage road, and there's number of large buildings 17 at the end here; again, commercial buildings. So 18 this is not a residential area. This is not a quiet 19 area. This is not an area where it's unusual to see 20 a billboard. There's billboards up and down this 21 road. 22 And I'd like to pass around for you, if I 23 can locate that -- here we go. Here's just a couple 24 of pictures of the Medved property. And you can see 25 again all the billboards up and down this area. 25 1 These are Exhibits 30, 31, 32, 33 and 34. 2 And I just do this so you can get a flavor ' 3 re for the property, so you can understand what we 4 talking about here.. 5 On the slide projector all you saw was 6 just one billboard, and I'd like you to understand 7 how many there are in the area. 8 By the way, I'm sure you're probably ' 9 familiar with this .area, because one year ago-- in 10 fact, less than a year ago, Volant was in here 11 before you to get a variance for this sign. And ' 12 it's funny. They actually came in for the same 13 thing we're coming in for; a setback on their sign. it's hard to k-- well it t b 14 , ac se They saw 15 tell because the case is confused, but their setback 16 ranged anywhere from nine feet to_twenty-one feet. I 17 think their final application was a 21-foot 18 setback. And they intentionally put their sign in 19 with a 21-foot setback violation and came in and ' 20 asked you for a variance -- which is fine. We 21 .didn't oppose that, and the property owner didn't ' k l t t t ' 22 you now o e re-- I just wan oppose it, but we 23 we're coming in here on an honest error, which I 24 think Mr. Gidley has rightfully pointed out to you, 25 asking for a-much more minor setback. And I'd like 26 1 to go into that right now to explain it to you. 2 MR. ABBOTT: At this point, as you know, 3 prior variances granted by this board have nothing 4 whatsoever to do with your case. 5 Volant came in with a proposal much 6 different than yours in ways and we considered it 7 reasonable and granted it, and I don't think it's 8 persuasive to me to argue about Volant's situation 9 being related to this one or other existing signage 10 that occurs along I--70. 11 That's-- what there is there, and I don't 12 know-- it`s certainly not persuading me that 13 allowing this condition is okay because of past 14 conditions or because of variances granted by this 15 board. 16 MR._MELCHER: I appreciate that, Mr. Board 17 Member. I will get right to our reasons for this 18 application. I merely brought it up because as Mr. 19 Gidley suggested, this could have been handled -- 20 and we respectfully suggest should have been handled 21 -- as an administrative variance, and we certainly 22 thought it was going to be. And the only objection 23 to it was the Volant neighbor, which we were shocked 24 that the neighbor who had just gotten a variance can 25 come in and object to our variance. And we just 27 1 didn't understand-- just didn't seem fair to us. 2 Anyway, I will get right to the point and 3 show why this variance should be granted. 4 I'm putting up for you to see, and I will 5 put it back up on the overhead-- this is Exhibit C-- 6 Applicant's Exhibit C, and this is a blow-up of the 7 survey that Mr. Gidley mentioned we have submitted. 8 %As Mr. Gidley mentioned, C&E 9 Communications approached the City for a building 10 permit. We applied for the permit. We were given 11 the permit. The permit said a 50-foot setback. And 12 we-- the C&E Communications did their very best to 13 comply with that 50-foot setback and place that sign 14 exactly 50 feet from the property line. 15 Now I will give you a little bit of 16 background. I'd like to show you the lease, and 17 this is Exhibit No. 2. I'm not sure if this was in 18 your packet. The reason I do this is I think it 19 explains why we thought that pin was the correct 20 property line. And this is Applic-ant's Exhibit No. 21 2. 22 When this comes around, the second page 23 from the back-- and you may have it in your packet 24 -- the second page from the back is Exhibit B to 25 the lease and this exhibit -- if you will find page _ _ _ 28 ' 1 in your lease -- shows-- and I'm holding this up so 2 you can see which page I'm talking about -- shows on 'll 3 see the proposed location of the pole and you 1 4 the bottom on the left-hand side, it's initialed by 5 C&E Communications and on the right-hand side there 6 is two D and D initials and that's Daniel Dearing ' 7 and is wife Debra Dearing. They're the property 8 owners. They're the owners of the High Country Auto ' 9 Body, and~they prepared this and they recommended to 10 us or they gave us the information -- I can't recall ' t it b 11 u , if they prepared it or someone else prepared 12 they gave us this information. 13 As you can see, the fence was well inside ' 14 the property line.. And the information that C&E 15 Communications received was that the fence was 16 several feet inside the property line; that the 17 property line went, as I said, a couple of feet 18 and that there would be a pin out there. outside , 19 And-- ' 20 CHAIRMAN WALKER: Do you wish to borrow 21 this pointer? _ _ ou can see As k 22 y you. MR. MELCHER: Than ' 23 -- and I'll direct your attention-- well, I'll 24 direct your attention to the pin first. ' 25 They went out-- the contractor and the 29 1 company representative went out on the day that they 2 built this billboard and they went outside the fence ' 3 t see one at and they looked for a pin. They didn ' 4 first, and they removed the dirt looking for the 5 pin, trying to find exactly where it was, they found __ 6 the pin under a thicket and a few inches of dirt. ' 7 As you can see from this survey chart a 8 number four rebar-- I'm not surveyor but I ' 9 understand from the surveyor that number four rebar 10 is a standard property pin placement device. And t 11 they found that number four rebar at exactly where 12 the property owner said it would be. And they said I3 well, that's the property line, so they put a tape t A d fift f l 14 . n y ee y measure down and measured exact 15 as you'll see, if you add 4.62 which is on this 16 survey here -- and I'll refer to the overheard if 17 you like. Might be easier to see. 4.62 from that ' 18 pin to the property to the fence and you add 45.7 19 from the fence to the leading edge of the billboard ' 20 you come out with 50.3 feet, or 50.35, I guess; just 21 over fifty feet. They give it a couple extra inches 22 just to make sure it was fifty feet. ' 23 And at some point-- so they constructed 24 the billboard, and at some point afterwards the City ' 25 notified C&E Communications that it looks like the 1 30 1 setback is too short and the company was confused 2 about that and they insisted that it wasn't. And 3 we-- the company and ourselves talked to the City 4 and explained what we relied on, and the City asked 5 for a survey. We got-- if you'll look at our 6 application -- and 2'11 enter this in the record. 7 If you'll look at our application, I can tell you 8 now that in there is an unofficial survey. We had 9 it as Exhibit E but I don't think you have tabs. 10 And I will show it to you. 11 We_gave the City with our application an 12 unofficial survey from Joe Asmus and while we were 13 asking them to do the official survey. And we gave 14 it to the City and said we certainly are sorry. We 15 made an obvious mistake. If you're sight-- we still 16 think this might be the property line but we'll get 17 the surveyor to tell us. And if we're wrong, we 18 certainly didn't do it intentionally. We did 19 everything we could to comply with the permit. 2p So we got the surveyor, and we went out 21 and he dug that up. He dug that up and he 22 measured-- and what he did is-- turns out he went to 23 the back of the property. This is the back property 24 line. And he found a number four rebar with a 25 plastic cap-- which had an official plastic cap and 31 ' 1 I guess that's what they're supposed to have. And 2 he measured 181.5 feet from that cap. 3 As the legal description says, you're 4 supposed to measure 181.5 feet down from this point, 5 and he came up with what he calls the true feet ' 6 line. And that's what this is; the feet line -- 7 which is just outside of that fence, and then he 8 measured from that true feet line to that cap, 9 which-- er, that bar, which we now found out is 10 wrong. And he found 4.62 and he laid that out for ' 11 you so you could see that apparently the property 12 line-- looks like the property line is a little 13 short of where we thought it was but that we are 50 ' 14 feet from this rebar. And he explained to me that ' 15 that rebar is what you would expect to find and 16 certainly reason for us to think that was the 17 property line. And so that I think will illustrate how we lg 19 got here and why this billboard is where it is. If ' 2D that were the correct pin we would be exactly five ' 21 feet-- didn't th 22 ey MR. ABBOTT: You're saying 23 find another pin? When they did the survey, they 24 didn't find the pin in the right place? MELCHER: Correct. That's right. MR 25 . 32 ' 1 There's no other pin that we find anywhere. So what 2 we-- we certainly don't know this for sure but the ' whoever 3 reasonable thing to assume is that years ago ' 4 surveyed this property and stuck these pins in the 5 ground stuck this pin in there and they missed it by 6 four and a half feet. And it was-- probably the cap 1 7 came off. At some point they went in there doing 8 the concrete walk or the irrigation ditch or ' 9 something, but that was where some surveyor years 10 and years ago placed that property pin, is our the h 11 ere belief, and we certainly thought that was w ' 12 property was. 13 If we had found another property pin where ' 14 the property owner. had told us, the fence to the ' 15 property line, we would have measured 50 feet from 16 that fence. ' 17 MR. ECHELMEYER: I have a question. lg This survey was done two months after the ' 19 billboard was already up? ' 20 MR. MELCHER: Yes, sir. 21 MR. ECHELMEYER: Even a survey by Asmus 22 now doesn't identify that as anything other than a ' 23 piece of rebar. He doesn't call it a benchmark. He 24 doesn't call it a corner post. He doesn't even call in it 25 . a p 1 ,Why is there such a problem identifying 2 this specifically for what you say it is? Why would 3 a man survey a property two months later and simply 4 says here's a piece of sebar and not define what it 5 is? 6 MR. MELCHER: Well, we did not-- the 7 answer to that is that the client C&E Communications 8 did not think it was necessary for them to bear the 9 expense of doing an entirely new survey, which costs 10 several thousand dollars we believe to do a new 11 survey, to go out and find a new-- find whatever 12 monumentation there is and do a complete survey of 13 .the property line. What we understood was that 14 there was some doubt as to where the property line 15 was; we should do our best to measure where it was 16 and figure out-- we were trying, to figure out for 17 ourselves, is this the right property line. We 18 honestly didn't know. Because the property owner 19 told us this was where the property line is. 20 So as you can see from the survey, the 21 surveyor says I surveyed and located the leading 22 edge of the (inaudible) existing on the property 23 according to existing monumentation. He does not 24 say this is the actual property line. This is his 25 best attempt at finding it without a fullblown 33 34 1 survey. 2 -And I-- with all due respect I agree that 3 there should be some survey on record with the City 4 or the county. We have not found it. The property 5 owner should have a survey. We haven't found it 6 with him. We went on what the property owner told 7 us and what the deed appeared to indicate, and we 8 found a bar or a pin -- I'm sorry -- a number four 9 rebar is what they call it -- right where it was 10 supposed to be, and that's what we measured from. 11 MR. ECHELMEYER: Do you know if the 12 general contractor who put it in used a transit to 13 locate any of the four benchmarks on the property? 14 MR. MELCHER: I do not know that. My 15 understanding is that they went out as the property 16 owner told th_eu~ to go out to the fence-- go outside 17 the fence a few feet, and there's probably a pin 18 there, and that's where the property line is. And 19 that's what they did. They didn't think there would 20 be any unusual circumstances here. 21 MR. ECHELMEYER: Okay. 22 MR. MELCHER: I will try to keep this 23 brief, but I would like to address some issues in 24 this staff report. I think a number of the issues I 25 was going to address I think I no longer need to 35 1 talk about because I think Mr. Gidley has amended 2 the staff report. My understanding is that-- and 3 I'll go through these criteria -- 4 The first criteria is, can the property in 5 question yield a reasonable return in use, et 6 cetera, if used only under the conditions allowed by 7 regulation for the district in which it's located. g We would respectfully submit that this g property would not yield a reasonable return in use, 10 because if we're required to relocate-- or C&E 11 Communications is required to relocate this sign 12 that would cost somewhere in the neighborhood of 13 eight to $10,000 to-dig the sign up, move it and put 14 it back in the ground. It may even go higher. It 15 cost I think somewhere over $7,000 just to put it in 16 the ground in the first place. And of course, as 17 you know, if they dig it up they're going to have to 18 break up all that concrete, did up all that concrete 1g just to move it four and a half feet to the left. 20 That would be an incredible expense, and it would be 21 a very large drain on this business. Which is what 22 this billboard really is, it's a business that's 23 allowed to operate on another business, an autobody 24 shop property. 25 So we suggest respectfully that criteria 36 f 1 number one should be that, no, this cannot yield a ' 2 reasonable return in use unless the variance is 3 granted. , 4 Two, is the plight of the owner due to 5 unique circumstances. d to state 6 I believe Mr. Gidley appeare I 7 that yes, the staff would amend that this is a 8 unique circumstance, and we would certainly argue 9 strongly it's due to unique circumstances. We 10 relied on this property pin and the surveyor 11 apparently believes it is reasonable for us to rely 12 on that. 13 Three, if the variation were granted, f th 14 e would it alter the essential character o ' 15 locality. 16 Absolutely not. And that's a part of the 17 reason for me to show these other billboards in the ' 18 area and the property. This is just a commercial 19 area and so I don't think that the setback four feet 20 one way or another would alter the character of this 21 locality. di 22 ngs Would the particular physical surroun I 23 or shape or topographical condition of the specific 24 property involved result in a particular hardship on 25 the owner as distinguished from a mere inconvenience 37 1 if the strict letter of the regulations were carried 2 out. 3 I would argue yes, it would, because I 4 think that the pin placement-- the erroneous pin 5 placement is a physical surrounding, is a 6 topographical condition of the property. So we 7 would argue yes, that topographical condition of 8 that wrong pin placement will result in a very 9 severe hardship. 10 Is the purpose of the variation based 11 exclusively upon--,I'm sorry. 12 Would the conditions upon which the 13 petition for a variation is based be applicable, 14 generally, to the other property within the same 15 zoning classification. 16 I think Mr. Gidley correctly pointed out 17 that no, because this is again -- and I'm sorry to 18 repeat myself .over and over- here, but again, this is 19 an incorrectly placed property pin. Other property 20 generally won't have this condition, and so this is 21 a unique circumstance. So this should justify a 22 variation or variance being granted here. 23 Is the purpose of the variation based 24 exclusively upon a desire to make money out of the 25 property? 38 1 Yes, of course. It's a commercial 2 enterprise. 3 Seven. Has the alleged difficulty or 4 hardship been created by any person presently having 5 an interest in the property? 6 And we would urge very strongly, and 2 7 think Mr. Gidley has amended the staff report to 8 reflect this; that in no way was this hardship 9 imposed by us. We did everything we possibly could 10 to comply with it. And I think that's illustrated 11 on the record.. There's no evidence that we did 12 anything other than what we should have in the 13 situation; relying on the pin to my knowledge, and~I 14 believe there's no evidence in the record, that 15 other billboard companies or structures of this ..sort 16 go out and commission a fullblown survey of the 17 property because they want to make sure a pin isn't 18 placed in the wrong place. 19 Would the granting of the variance be 20 detrimental to the public welfare or injurious to 21 other property or improvements in the neighborhood 22 in which the property is located? 23 Absolutely not. The setback I believe is 24 far enough back that this is not going to affect any 25 adjoining signs or adjoining property. Does not 39 1 impair the light or air of any property, which is 2 the ninth criterion. 3 Then just to address some of the questions 4 that came up a few minutes ago with the board-- 5 there was"a question, could we cut off the edge of 6 the sign four and a half feet. There are a couple 7 of reasons why that would be a very severe 8 hardship. Number one, is that this sign and 9 virtually all the signs in the city are standardized lp sizes. And this sign is a size 14 feet by 48 feet. 11 And in the advertising industry billboards are 12 classified according to their size and ads are 13 designed for those sizes. So if you cut off a few 14 feet you can't sell that size, because the 15 advertisers would not be able to use the copy that 16 they have prepared. It's not uniform. 17 I also would suggest for the record, 18 although I can't speak to this, but I'd be happy to 19 supplement the record. I can't vouch for the 20 engineering certification of this sign if you chop 21 four and a half feet off. I don't know how it would 22 affect the stress and the load and safety. So I 23 think we should keep the size of the sign the way it 24 is. 25 Finally-- and the cost would I think be ~o 1 quite high if we had to do that. 2 At this time I will reserve any comments 3 regarding fairness or treatment of this situation, 4 the way other property has been treated, until after 5 we hear from the opposition. 6 I would respectfully request, Mr. 7 Chairman, if there is opposition or-- in other 8 words, if there is a need to answer any questions 9 that I be allowed to do that after we have heard 10 from anyone else. 11 CHAIRMAN WALKER: We can allow rebuttal 12 time. 13 MR. MELCHER: Are there any questions from 14 the board? _ 15 MR. ECHELMEYER: Yes, I have another 16 question.' 1~ Mr. Eckert on the 22nd of February said he 18 went out and he checked the concrete, the base of 19 the sign, and found it crumbling and it was such 20 that he could chip pieces off it. He then indicated 21 that he was going to bring it in and have it checked 22 as to suitability for this construction. 23 Are you telling us that that has been done 24 and that it passed the necessary test? 25 MR. MELCHER: I'll answer that in two 41 1 parts. The short answer is yes, this sign has 2 passed guestians of Mr. Eckert's, the chief building 3 inspector. He has stated he is completely satisfied 4 with the structural integrity of the sign and 5 stability of the sign and the concrete footing. We vits from the ffid d 6 a a went out and got letters an ' 7 sign manufacturer,-from the contractor and from the 8 engineer who did stress tests and load tests who 9 designed this sign and they all said that this 10 satisfied all uniform building codes and any ' 11 - - industry standards. ' 12 Did we go conduct further tests? No, we 13 because we didn't think it was necessary. didn't ' , ineerin en t th k 14 g g e er And after we showed Mr. Ec ' 15 certification he didn't think it was necessary 16 either. He could have insisted on it but he ' 17 didn't. His concern originally-- and by the way, ' 18 it's not February 22nd that the sign-- I think 19 that's incorrect. I think the sign was built on I ' 20 believe the 28th and 29th of February. 21 The reason for that crumbling-- my d if 22 understanding-- and we'll supplement the recor ' 23 it's of concern, is that .the day that they installed 24 the sign it was slightly cold. I believe it was in 25 the thirties or forties, and concrete at the top r 1 will cool faster than the majority or the mass of 2 the concrete in the footing. And that very top half 3 inch sometimes will crumble or appear soft. -The 4 entire footing, though, is curing and was completely 5 sound when load was placed on that. They had 6 ordered a specific concrete mix, and they had also 7 ordered calcium chloride, which is an accelerated 8 curing compound. 9 So the short answer is yes, this sign has 10 thoroughly satisfied Mr. Eckert. 11 Are there any other questions? 12 CHAIRMAN WALKER: Any further questions? 13 None. Thank you for your presentation. 14 I will ask for the other people to come 15 forward, then. 16 We have a Mr. Craig Chaffee. 17 MR. CHAFFEE: Craig Chaffee. lg CHAIRMAN WALKER: Wi11 you swear to tell- 19 the truth as you know it? 20 MR. CHAFFEE: Yes, I do. 21 Thank you, Mr. Chairman. 22 CHAIRMAN WALKER: This is your residence 23 address? 24 MR. CHAFFEE: I'm sorry. That's my place 25 of business. I'm the vice president of 42 i ~~ 1 manufacturing for Volant Ski Company, which is the 2 neighbor directly west of the property in question 3 here. 4 And if I could just briefly give-you a 5 little history here-- we just moved to Wheat Ridge 6 ourselves just a year ago. We were located in 7 Boulder prior to_that. And I think our board and 8 Mr. Kashiwa, our president, spent a good year 9 looking for a new location for a business. And one 10 of the primary concerns was to be on the I-70 11 corridor. 12 Again, we're in a highly competitive, very 13 mature market, with a young, struggling company with 14 a very different technology trying to sell in a 15- winter sport which is very fickle with weather and 16 things like that. 17 Unfortunately, our sales marketing people, 18 who can do a much better job of this, are on the 19 road right now with magazines that have to take 20 place this time of year for_the things that happen 21 next year for the reviews of the particular product 22 we make. 23 But we moved there again to look for this 24 frontage and to get visibility. We have in 25 Colorado, of course, one of the finest ski areas and i 1 industries in the world and it's very important to 2 us to get visibility to potential customers. We 3 have a lot of our retailers, distributors, rep 4 organizations that-- these all come to Colorado to 5 ski at some time or another. And it has been very 6 beneficial for us to be here compared to Boulder. 7 We have a lot more accessibility to people. 8 I can vouch for after hours a number of 9 times I go to open the door for people who have just 10 stopped by and seen our location; want to get some 11 brochures; can't believe this is really where-the 12 product is made, and that type of thing. 13 But again, as they mentioned, this is 14 strictly business. We are there to attract people 15 to our business, to get Volant's name out into the 16 .marketplace. We're all .competing for that eye 17 space, for people's attention. 18 ,And, you know, I know this is a two-part 19 thing. I didn't realize it was going to be that, 20 but there's the-- the setback and the height all 21 affect where-the sign is, what attention that 22 draws. And right now if you go along that corridor, 23 you go over a little hill, it's the only thing you 24 see. It towers above everything else. 25 MR. MELCHER: Mr. Chairman, I'm sorry to 44 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 interrupt, but I'd like to object just to state, I think we should confine the comments to the setback and not the height for this case. And on the height, we'll get into all those issues. I confined my presentation just to the setback. CHAIRMAN WALKER: Talk only on the setback for the moment, if that's fair enough with you. MR. CHAFFEE: I understand. CHAIRMAN .WALKER: I realize it's clumsy this way. MR. CHAFFEE: It is my first time to do something like this. Please forgive me. But again, our concern and objection to a variance for the setback is the fact that the location of the sign-- it's very big. I didn't get the dimensions. Seemed like 14 by 48 feet. If you look at our sign-- we have_a sign out near the parking lot in the front and also three signs on the building,~and we think that-- again, the closer to the street it is, that it blocks the corner of our building as you come westbound where most of our traffic is. And again, that's our main objection, is the sign will. interfere with some visibility to our facility. That's really-- it's that and the height 46 ' 1 also. Thank you. 2 CHAIRMAN WALKER: Any questions to-him? 3 MR. ABBOTT: Mr. Chaffee, if the owner of ' 4 the billboard was willing to spend the money, which 5 they could do, to cut the five feet off, reduce ' 6 their income due to the odd-ball size of the sign 7 and so forth-- if you could imagine that sign still 8 there-- again, we're confining ourselves just to the ' 9 setback part of this issue -- if that sign was ' 10 roughly five feet shorter from the south, do you 11 think it would no longer have an effect on your 12 business? Because then, he would be in compliance 13 as to setback. la A. Well, again, I think we're competing for t 15 that eye space, and it's impossible for me really to 16 comment on the actual aspect of that and how much ' 17 business is lost, or whatever it is. ' lg Again, I'm just talking about the 19 interference or-- again, this will be lit. If it's 20 not lit now, it will be very bright. It's very 21 large. The more it attracts away from us the less 22 people notice our business. ' 23 MR. ABBOTT: Okay. Thank you. 24 MR. ECHELMEYER: Are you leasing the now3 cu t 25 py you oc property tha 47 ' 1 A. Yes, we are. Uh-huh. I didn't mention 2 that, but I've also talked to Cuhne Management or 3 the actual owner of the property, with Patricia ' 4 Vann, the property manager, and they concurred with 5 this, and they said I could verbally say that, and 6 if we need something in writing they would be glad 7 to do that. g MR. ECHELMEYER: On that property do you ' 9 have a survey that indicates the southeastern corner ' 10 of your property? 11 A. I'm sorry. I really don't know. 12 MR. ECHELMEYER: You don't know? 13 A. I don't know. ' 14 Q. Because they would be contiguous with this ' 15 here, I would assume. 16 A. I know we had a lot of construction done ' 17 to the building a year ago. We did a major 18 renovation of the building and I believe that was 19 all checked out. We had a lot of dealings with the ' 20 city. I know we had to put in an entire fire 21 sprinkler main and all that, so I know there was a ' s th if 22 ere wa . lot of work done, but I cannot tell you 23 a particular survey done or not. 24 CHAIRMAN WALKER: Any further questions? 25 MR. HOWARD: Mr. Chaffee, are you familiar 1 48 1 with the variance that your company got in regards 2 to the-- to your free-standing sign? 3 A. I know we did, yes. Mr. Kashiwa handled 4 that personally. 5 Q. Okay, but you're not aware of why you had 6 to require a variance or anything of this type? 7 A. Why we had to? I believe it was height 8 variance or something we received. g Q. Was it a variance? Or was it a setback? 10 A. 'I'm not sure. 11 Q. Well, it was a setback, but are you 12 familiar with why a setback was required or 13 requested in your particular case? 14 A. In my case? No. You mean why Volant 15 asked for a variance? 16 Q. Yeah. You're not aware that the reason 17 that you requested a variance was because of a 18 pre-determined location-- that ditch which precluded 19 a signage in that particular area and you had to go 20 back closer to the building? 21 A. Right. That's right, I do remember, yes. 22 We had an issue of that because it was affecting 23 something on the parking lot and also we have a very 24 limited space. That was one of our concerns with 25 the facility; turned out to be a real concern. We 49 1 actually have to lease spaces nextdoor for our 2 parking, and I know there was a ditch there. I'll 3 be honest with you. 4 Q. So the variance that your company 5 requested was strictly for setback and not for 6 height; is that correct? 7 A. I can't say that. I don't know. g MR. HOWARD: Well, it was, so-- okay. 9 Thank you. 10 CHAIRMAN WALKER: Any further questions or 11 comments? If not, we thank you very much. 12 Next I'd like to ask Mr. Dennis Polk-- 13 MR._POLK: I'm Dennis Polk. 14 CHAIRMAN WALKER: This address on here is 15 your-- 16 A. It's my business address. 17 CHAIRMAN WALKER: In Golden? lg MR. POLK: Well, it's Denver West. I'm an 19 attorney and I office at 1667 Cole Boulevard, Suite 20 100, Golden, Colorado. 21 CHAIRMAN WALKER: All right. And do you 22 swear to tell the truth as best you know it? 23 MR. POLK: I do. But you always have to 24 recall that I'm here as an advocate on behalf of 25 someone, and I will testify to factual matters 1 50 1 within my knowledge. However, my-- I have certain 2 arguments shall I say with the applicant in this 3 case and I will address those matters as well as 4 factual matters. And those will be truthful to the 5 best of my ability. 6 CHAIRMAN WALKER: Thank you. 7 MR. POLR: Let me begin by saying that I 8 find it a very interesting sleight of hand, having 9 been before this ..body and other bodies like this a 10 number of times over the past 20 years, td come in 11 and have somebody who's an applicant, who's a 12 lessee, who on the one hand is trying to find their 13 hardship based upon their owner's conduct. They are 14 the same person insofar as this board is concerned. 15 Let me tell you what I'm talking about. 16 -It's the map that's attached to the lease; shows the 17 fence line. The fence line is then shown in this 18 exhibit as being in that location. Well, the fence 19 line-- what he talked was-- spending the money 20 they're talking about should place someone upon 21 reasonable .inquiry notice as to where the true 22 boundaries are. 23 I think it is preposterous to try to do 24 this sleight of hand.. before you and it is unfair and 25 it is deceptive; to come and say those things to 51 1 you, because they are one and the same people. 2 And to say on the one hand we're the-owner 3 seeking this, and on the other hand we're the lessee 4 so, therefore, we're innocent, is just 5 preposterous. g The other thing I can tell you based upon 7 my experience dealing with this I-70 corridor for at 8 least 12 or 14 years is that this is perhaps one of 9 the most well-documented surveyed locations in the 10 Denver metropolitan area. The state department of 11 highways has surveyed that. You can go to-their 12 offices and I'm telling you you can get reams of 13 surveys. 14 I have been before this body as well as 15 this city council innumerable times dealing with the 16 location of the Wadsworth ditch and the slue ditch 17 and I'm gonna tell you that this area is completely 18 and thoroughly surveyed. It is not difficult that-- 19 if we're talking about making reasonable inquiry 20 notice. 21 They only appear before you telling you 22 about all the money that they're going to spend to 23 correct the problem. 24 MR. MELCHER: I'm sorry. I just wondered 25 who Mr. Polk represented. 52 1 MR. POLK: First of a11, I am a citizen of 2 this area~and I have a right to speak. However, I 3 am appearing on behalf of Mr. Medved and with the 4 knowledge of Mr. Kashiwa. 5 CHAIRMAN WALKER: I'm sorry I forgot to 6 ask that question. 7 MR. POLK: Let me go on with my point with 8 regard to this matter. g Look at the timing sequence. They make 1D this application to .the City two days perhaps before 11 the ordinance changes. They run out and they 12 construct this thing in a 24-hour period, if this 13 application is to be believed. What we're looking 14 at is from the time of their application until the 15 day they start construction, if they're gonna spend 16 that kind of money is it reasonable to proceed 17 without doing something more than this tape-measure 18 survey business when you've been told the fence line 19 may be the property line. 20 I submit to you they cannot as a result of 21 this satisfy the legal requirements that are 22 necessary before this body in terms of whether or 23 not that's a self-induced hardship or condition: 24 So, therefore, I respectfully submit that 25 upon that basis alone we should deny this request 53 1 a variance f . or 2 ;Now we have an interesting issue. They 3 say because we had the time to do the work in haste 4 and now we're proceeding in leisure. 5 And I'm going to leave you with one ' nd th b ' 6 ere a een ve comment. And that is-- because I 7 I've been there with the builder and I've been there 8 with the developer and it's the kind of philosophy 9 that permeates these folks, especially if they come ' 10 from out of town and when they're talking about this 11 plight. Let's build it and then talk to the city. ' 12 And that's exactly what you're being asked to 13 ratify. And it's kind of a neat sleight of hand. ' ext d th A i 14 e n n t. And I wish I would have thought of 15 time I'm before this City I'll to try do it. But I 16 think it's deceptive and I don't believe this city ' 17 should adopt that type of philosophy. There are 18 honest and legitimate mistakes, and I'm willing to 19 say that those happen. ' 20 I will respectfully submit if you examine 21 this in the cold light, detached from learned ' d l 22 u e counsel's statement, you're gonna have to conc ' 23 that there"s something here that doesn't satisfy 24 your city ordinance. I'm not here to cure everyone k th 25 e. ey ma of the mistakes 1 54 1 Thank you. 2 CHAIRMAN WALKER: Any further questions? 3 That's all the commenters we have on the list. 4 At this time would you like to have a few 5 more moments? 6 Mr. MELCHER: I certainly would, Mr.- 7 Chairman. Thank you. g Well, I guess I should respond to Mr. Polk 9 first. And as you know, Mr. Medved is the Cadillac, 10 Chevy, Geo dealer-.down at-- 11 MR. POLK: I'm going to specifically 12 object to this. He objected when someone went 13 outside the (inaudible) covered by this body and 14 this hearing. We're not here to try Mr. Medved's 15 (inaudible) and I accordingly object to the 16 imputation that occurs with regard to Mr. Medved's 17 sign. I don't think it's proper or relevant. lg MR. MELCHER: Mr. Chairman, I don't think 19 he heard the rest of my point. My point is that he 20 represents Medved Chevrolet which has three signs up 21 here and he has an interest as a property owner who 22 wants to get benefit for his property in his 23 arguments; just like he also represents Mr. 24 Kashiwa. fMr. Kashiwa owns the Volant factory. The 25 Volant factory is here just as another business i 55 1 person or business company trying to get their 2 benefit to our detriment. 3 ;Just wanted to point out-- I'm trying to 4 address all these arguments. There's a lot of 5 smoke. I'm trying to find where the fire is. He 6 says something about the sleight of hand, and that 7 I'm the owner and I'm the lessee. Well, we're not 8 the owner and the lessee. The owner is Daniel 9 Dearing and Daniel Dearing was the landlord who 10 leased the property for the billboard to the client 11 that I represent, C&E Communications. 12 Daniel Dearing gave our firm power of 13 attorney just to come here for one simple purpose; 14 to tell you that he supports the variance 15 application. He supports the setback variance 16 application. He doesn't think it will harm him 17 any. He did make a mistake, the property owner, and 18 it's in that lease. We would like this mistake to 19 be treated as a mistake. We did not intentionally 20 do this. We relied on the property owner. And I 21 think the property owner honestly believed that that 22 was the property line. He went out-- we all saw the 23 property bar. 24 ,And I've heard this talk about surveys all ~; 25 over the place. Well, Mr. Gidley said it's well 56 1 documented in west Wheat Ridge I guess that there 2 are surveys. And I don't know. I'm not a surveyor, 3 and_I don't think Mr. Polk is a surveyor. We don't 4 have any expert survey opinion here. We have 5 hearsay from Mr. Polk. But I've got a survey here b that shows that there's a bar there that we 7 reasonably relied on. That's in the record. 8 And I'm trying to remember what else he 9 was saying. 10 I guess we're building first and asking 11 later. 12 Let me ask you a simple question. Why 13 would we do this? I mean, why would we build a 14 billboard forty-five by seventy-three feet away if 15 we're going to sneak 4.6 feet past you? 16 That's ridiculous. And risk eight to ten 17 thousand dollars_or more to tear this thing up and 18 move it four feet away from the property line? 19 If we had known, if the C&E Communications 20 had known, if the contractor had known, if anyone 21 had known -- wouldn't have relied on it; just went 22 out there and found it. 23 So that's just absurd that we'd try to 24 sneak this by you. We're not trying to sneak 25 anything by you, with all due respect. We got the 57 ' 1 permit. It said 50 feet. We did everything we 2 could to make it 50 feet. And we do regret this 3 situation. We would not want to be here for this 1 4 situation. If we would have known, we would not be S here. ' y I think I have to address Mr. Chaffee. He ' 7 was also here for Mr. Kashiwa, I guess. Mr. Kashiwa 8 had two people here, I guess. ' g And I do need to correct a couple of 10 things. 11 One is that I'd like to enter into the 12 record the case file for Mr. Kashiwa's variance last 13 year, which was 95-14. Mr. Kashiwa did get a ot a He ' 14 g m sorry. setback on both height and-- I ' 15 variance on both height and setback. The setback 16 was a 21-foot variance. The height was a friendly 17 amendment, which I think is a term used in the board 18 minutes by one of the board members for this 19 variance. ~0 I'd like to point out for the record 21 that-- and I don't know if anyone was aware of this e lif ' 22 t qua y at the time, but Mr. Kashiwa's sign doesn 23 in the code to be 50 feet. 24 The code is I think if you'll examine it 25 -- and Mr .. Gidley I'm sure will back me up on this 58 1 -- says that a free-standing sign within a quarter 2 of a mile of =-70 is allowed to be 50 feet high for 3 a retail or a service business. Mr. Kashiwa's 4 business, Volant, is a manufacturing warehouse. It 5 does not sell retail on the property. It does not 6 service skis. It is a manufacturing plant. 7 And it's on the application. If you 8 look-- I just happen to have a blow-up here. 9 If you look at this-- 10 MR. POLK: Mr. .Chairman, I would 11 respectfully object. First of all, this is not 12 within the area of fair rebuttal.. Secondly, if he's 13 asking you to re-hear Mr. Kashiwa's case, 14 (inaudible) ...not for proper consideration. 15 MR. MELCHER: Mr. Chairman, with all due 16 respect, the reason why I bring this up is because-- 17 one of the rules in the Colorado body of law by the 18 Colorado Supreme Court is that everyone in the 19 zoning code has to be treated fairly, and I'll put 20 on the record the case law. 21 CHAIRMAN WALKER: Well, at this point the 22 Volant material is part of the-- last year's minutes 23 and all those actions have taken place. I don't 24 feel it's germane at this moment. 25 MR. MELCHER: Well, Mr. Chairman, with all 59 1 due respect -- I won't take up any more of your time 2 but I would like to put it on the record and very, 3 very briefly state why I think it's important. 4 CHAIRMAN WALKER: It's already in the 5 record. T.hat's what I was pointing out. 6 MR. MELCHER: I understand. I'll simply 7 read what-- the case law I'd like to put in the 8 record. The case is Geer v. Presto (phonetic 9 spelling) 13 P.2nd (inaudible), and the Supreme 10 Court in 1957 in a unanimous opinion said that to it favor one applicant over another is discriminatory 12 and suggests the exercise of an unwarranted and 13 .uncontrolled discretion on the part of the licensing 14 authority. 15 This is a situation where if you treat one 16 applicant'in a certain way in the zoning code, you 17 must treat the same situated applicant in the same 18 way. 1g We have the most similar situation 20 (inaudible) here. We have two properties side by 21 side. We have two signs which are intended to 22 advertise and we're trying to get fair treatment. 23 We do not want to argue with Mr. Volant-- er, Mr. 24 Kashiwa's -- I'm sorry -- setback. We think it was 25 reasonable for the board to acknowledge that and t 60 1 grant that variance. We agree with that. We're 2 simply asking for the same treatment. And ours in 3 fact is even more equitable, because we 4 unintentionally are here before you because we just 5 relied on a property pin that was misplaced. 6 `So I think if Mr. Rashiwa wanted a 7 setback, we applaud him for getting it. We 8 certainly deserve one. 9 CHAIRMAN WALRER: At this point we're 10 merely presenting material. The motion has not been 11 made yet to grant or not grant this variance. 12 MR. MELCHER: Yes. I'm sorry. I was only 13 putting on the record (inaudible) doing this. And I 14 thank you for your patience. I don't mean to drag 15 this out. 16 CHAIRMAN WALKER: Go ahead. 1~ MR. GIDLEY: I'd like to speak to a couple I8 of issues that have been raised by the applicant-- 19 by the applicant's attorney. 2p There was a mixing of references to 21 billboards and signs by the applicant; 22 representations that a variety of free-standing 23 signs are in actuality billboards. 24 There's a definite difference between a 25 billboard by definition and a free-standing sign by 61 1 definition, and the regulations that apply to 2 free-standing signs versus billboards. 3 The billboard provisions are-- has its own 4 section, has its own standards, which are different 5 than the sign code for free-standing signs. I would 6 like to point that out. Actually in our 7 presentation relative to the height issue, we`ll 8 pursue that matter in more detail. g MR. MELCHER: May I very, very briefly 10 respond to that, Mr. Chairman? 11 CHAIRMAN WALKER: One more-time. 12 MR. MELCHER: I'm sorry. I refer to that 13 only in two respects; one is that I'm referring to 14 Wheat Ridge city code zoning (inaudible} section 26 15 dash 410, and I believe it is subsection E, 16 free-standing (inaudible) number one. We agree with 17 Mr. Gid1e~. He's absolutely right for a different 18 section (inaudible)...a free-standing billboard. lg When I refer to a free-standing I refer to 20 Mr. Kashiwa's Volant sign, and the code states 21 maximum height 25 feet provided that signs for 22 retail and service businesses within one quarter 23 mile of an interstate highway that are oriented on 24 an interstate highway are permitted one 25 free-standing sign up to fifty feet high. 62 1 I bring that up simply because-- obviously 2 (inaudible)...over 25 feet. The Volant sign is not 3 qualified because it is not a retail. That's why I 4 brought it up. And I think that's relevant. 5 As far as the-- 6 CHAIRMAN WALKER: They mention the word 7 service? g MR. MELCHER: They do, and Volant does not 9 service. 10 CHAIRMAN WALKER: They build the 11 material. That is a service. (inaudible)...to use 12 their equipment. 13 MR. MELCHER: Under the code service is 14 defined-- if not in the code then I'll go to the 15 dictionary. 16 Service business in Webster's dictionary 17 is a business that services products throughout the 18 industry. 19 CHAIRMAN WALRER: We'11 duly note your 20 point, then. 21 MR. MELCHER: Thank you, Mr. Chairman. 22 One last thing then, and I apologize-- 23 Medved Chevrolet-- the reason I bring it up-- if 24 you'll refer to-- I believe it's case number 87-6, 25 91-29. 63 1 In 87-6 you'll find that two of the Medved 2 (inaudible) signs were not free-standing signs; that 3 they were permitted as billboards. 4 So I was very careful to refer to that as 5 billboards (inaudible) and the Volant sign as 6 free-standing when it's free-standing. 7 There are problems with all of those. I 8 bring it up simply to (inaudible) ...to talk about 9 it. I'm not trying to pull any sleight of hand. 10 I'm not trying to trick anyone. I have been very 11 careful when I talked about it. 12 CHAIRMAN WALKER: Any other rebuttals? 13 MR. ECHELMEYER: Yeah, I'd like to make a 14 statement. 15 I find that almost incomprehensible; that 16 you have gone to the trouble that you've gone to in 17 this lease. Every "i" is dotted and "t" is crossed, 18 and it's probably the most thorough lease I've ever 19 read. You have covered the construction of the 20 sign, the construction of the sign company, and two 21 of_the permitted signs, and to fail to spend a 22 hundred dollars to hire a land surveyor to come in 23 and establish a valid benchmark on this piece of 24 property when fifty foot is what you people put your 25 name to; "We will abide by the fifty foot that the 1 t 64 1 city demands for the sign." And it doesn't tie 2 together. It just doesn't tie together. 3 MR. GIDLEY: Mr. Chairman, might I suggest 4 that comments such as this be-- once the motion is 5 made and after it has been voted upon, the comments 6 relative to this supporting the motion would be 7 appropriate after that. And I would ask that you be 8 sure to close the public hearing. g MR. MELCHER: Mr. Chairman, before you do 10 that, I feel an obligation to respond to the board 11 .member. 12 With all due respect, we apologize for 13 this. We did do our best to comply and we 14 apologize. There is simply no reason why we would 15 do this on purpose. We didn't get anything out of 16 it. We didn't gain by it. In fact, all we did_was 17 go to a lot of trouble and the company had to pay me 18 a fair amount to come and talk to you. And I'm sure 19 .they wished they didn't have to waste the money on 20 me. I wish I didn't have to be here. I wish they 21 had measured it correctly. So we do apologize. And 22 there's no gain for us. There's no harm to the 23 members. And if they had it to do again, I'm sure 24 they would do it right the second time. 25 CHAIRMAN WALAER: At-this point then we`ll e 65 1 close the hearing part of this case and entertain a 2 motion. 3 Do we have one prepared, Tom? 4 MR. ABBOTT: I want to think about this 5 just a second. 6 Okay, Mr. Chairman, I think I can make a 7 motion. 8 (Off the record.) 9 MR. ABBOTT: This is Case WA 96-11. The ZO applicant's name is C&E Communications and the 11 location is 10501 I-70 Frontage Road North. I'll go 12 through the whereas's here. 13 Whereas the applicant was denied 14 permission by the administrative officer, and 15 whereas the Board of Adjustment, application case 16 number WA 96-11 is an appeal to this board from a 17 decision of an administrative officer. 18 And whereas the property has been posted 19 the required 15 days by law, and then in recognition 20 that there were protests registered against it. 21 And whereas the relief applied for may not 22 be granted without detriment-- excuse me. -Let me 23 back up. --may not be granted without substantially 24 impairing the intent and purpose of the regulations 25 governing the City of Wheat Ridge. 66 1 And with the general acknowledgment of the 2 following: 3 The survey corner pin which was used to 4 measure the 50-foot setback by the sign contractor 5 was in error as to location. The sign would be 6 located correctly-- and the sign would be located 7 correctly following the erroneous pin. g Both staff and the board believe that the 9 use of the incorrect pin was not with malice or 10 intent to circumvent the Wheat Ridge sign code and 11 no correct pin was found. 12 A building permit was applied for and 13 issued. The variance is for less than 10 percent. 14 So with the acknowledgment of those facts, the 15 denial is for the following reasons. 16 Objections were registered by two adjacent 17 businesses to the setback variance requested and it 18 is understood by the Board that these businesses had lg in the past been granted sign code variances. 20 Number two,,the hardship is self-imposed. 21 And importantly when considering the hundreds of 22 thousands of dollars in construction costs and lease 23 payments it seems substantially illogical and 24 imprudent from a business standpoint that a formal 25 survey was not conducted. 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Number three, although of considerable expense and potential loss of lease income, an alternative would be available by removing 4.62 feet from the south edge of the billboard. That's it. CHAIRMAN: Do we have a second for that motion? MR. ECHELMEYER: motion again? What are we CHAIRMAN WALKER: this request. MR. ECHELMEYER: CHAIRMAN WALRER: If not, then I c Can you explain the voting on? We're voting to deny I will second it. Any further discussion: uess we're ready to vote then. (Board members and Ms. Chapla conferring.) MS. CHAPLA: The motion-for denial passes. (Board members conferring.) CHAIRMAN WALKER: We don't have enough to pass the denial. MR. GIDLEY: This is a passing motion, because it does-- it's a motion to deny. It would require a vote of five to be in favor of the applicant. This was a motion not in favor of the 68 1 applicant. Therefore, the motion passes. 2 MR. MELCHER: Mr. Chairman, If I might ask 3 for a re-vote and direct your attention to the 4 Volant variance which on self-imposed hardship you 5 decided last year-- you went with the staff report 6 recommendation that Volant (inaudible) built the 7 sign (inaudible) yet it wasn't a self-imposed 8 hardship. And I would ask for reconsideration and a 9 re-vote now since your motion apparently has not 10 passed as drafted. 11 CHAIRMAN WALKER: It has passed as 12 drafted. 13 MR. MELCHER: We11, as drafted it wasn't 14 passed. I think what it means under the code is 15 that if you can't pass the motion five to one, then 16 the default position is that our application is 17 automatically denied. lg MR. DAHL: Members of the Board, my 19 name is Gerald Dahl, Wheat Ridge City Attorney. 20 With respect to Mr. Melcher's point, I 21 disagree. 22 Code Section 26-6(d), which sets forth the_ 23 minimum requirement for votes to approve any 24 variance, which was what is being requested, 25 specifically sets forth that if there are six 69 1 members present there must be five affirmative votes 2 to approve the variance. 3 There was not a motion to approve a 4 variance. The motion to vote on was for denial. 5 And that motion passed by more than the majority of 6 the members present. There was not, as I understand 7 it, a motion to approve the variance. And so the 8 five-out-of-six rule is just simply unapplicable 9 here. 10 I disagree with Mr. Melcher's artful 11 interpretation that "Gee, if you vote 4-2 to deny, 12 then that must mean you voted 5-1 to approve." 13 That's not true. 14 MR. MELCHER: Sir, I wasn't trying to-- 15 MR. DAHL: I'm not finished yet. 16 That's not correct, and I don't support 17 that position. lg The commission has taken the vote it's 19 going to take. He can certainly ask for you to 20 reconsider your vote, but you certainly don't have 21 to accommodate him in that regard. It's currently 22 up to you. 2g CHAIRMAN WALKER: I would say, then, the 24 vote stands as placed and the motion-- er, the 25 variance is denied then. 70 1 'I would at this point in time-- since 2 we've been at this almost two hours, I'd like to ask 3 for a ten-minute recess, and we'll reconvene in ten 4 minutes, if that's all right with you. 5 Thank you. 6 (Whereupon, the hearing recessed at 9:24 p.m. and 7 resumed at 9:35 p.m.) g CHAIRMAN WALKER: 2'd like to reconvene 9 the meeting here, if you please. l0 At this point in time then we would like 11 to address. Case number WA 96-12. 12 Mr. Gidley, will you present the material. 13 MR. GIDLEY: I believe the applicant may 14 have a specific request to this. 15 MR. MELCHER: Mr. Chairman, under the City 16 of Wheat Ridge Board of Adjustment by-laws -- I 17 believe it's article four, number six -- we are 18 hereby requesting one postponement of this matter. 19 We are asking that this matter, WA 96-12, on the 20 height variance be postponed to the next Board of 21 Adjustment meeting. 22 'I can explain the reasons, if you'd like. 2g I believe under the by-laws we have an 24 absolute right to one postponement, and we would 25 like to exercise that right at this time. ' 71 ' 1 CHAIRMAN WALKER: Do we need to make a ' 2 motion? 3 MR. DAHL: Mr. Chairman, on behalf of the ' 4 City, I'd like to respond to that request before you 5 act. It's true the by-laws say that. ' 6 There is a parallel code, section 7 26-6(f)5{a) that is really the basis I think for 8 that provision. ' 9 5(a) says that posting of a public hearing ' 10 which has been legally noticed, which is true here, it only one postponement by the applicant may be ' 12 allowed by the Planning Commission, Board of 13 Adjustment, City Council. On the second request for ' d of B i 14 oar on, postponement, the Planning Commiss ' 15 Adjustment, City Council shall have the authority to 16 either dismiss the application; not just the 1 17 authority to say yes or no on the postponement, but 18 to dismiss it. ig Having said that, I think at least as to ' 20 the matter of city codes -- (inaudible) there's no 21 question the board has got the absolute right to ' th h ' 22 er e t know w dismiss it -- now (inaudible) I don ' 23 the applicant's got the absolute right to say 24 {inaudible) I've changed my mind. I'd like to ' 25 postpone it. ^ 72 1 Having said that, I should tell you that 2 on behalf'of the City that the City intends to 3 oppose this applicant very vigorously and if it will 4 serve us all to .meet on another day and not have to 5 worry about some argument by the applicant that they 6 were denied their right to a postponement, I have my 7 eye on the prize. And that is, I want to make a 8 very good case-- as good as I possibly can if this 9 matter is taken up. 10 So having pontificated that at length, I 11 would say that the City doesn't object to the matter 12 being postponed to the meeting for Thursday in May. 13 And under the rules it is required that it be the 14 last matter on the agenda. 15 (Off the record.} 16 MR. MELCHER: Mr. Chairman, I would just 17 like to note for the record that under that rule 18 Article four Section six it says (inaudible). lg We came here to present the first case. 20 We didn't have to postpone it, ask to have it 21 postponed. 22 As I say, we have a lot of reasons, but 23 since the City doesn't object-- and it appears we're 24 just going to be here a month from now it will help 25 us both to be better prepared. 1 73 1 CHAIRMAN WALKER: I'd like to ask anyone 2 on the board to make a motion. 3 'MR. ECHELMEYER: I would like to hear the 4 reasons. g CHAIRMAN WALKER: We'll listen to your 6 reasons first. 7 MR. MELCHER: We11, Mr. Chairman, the 8 basic-- I think the primary reason, we received the 9 staff report Friday-- this last Friday and we were 10 advised by the (inaudible) report and the statement 11 in the staff report and we believe that the staff 12 report has treated this applicant, C&E 13 Communications, in a discriminatory way, has acted 14 arbitrarily -- and I use that term in the legal 15 sense; has treated us unfairly in relation to other 16 applicants in the same position. 17 As soon as we got the staff report we 18 filed an open records act request on that same 19 Friday and we got to the city as quick as we could 20 and I can (inaudible.) that on the record, but Mr. 21 Gidley-- I'm sure he'll agree (inaudible) in the 22 record the next time. And I have been over there 23 (inaudible} at the very first opportunity 24 (inaudible} in going through the city records 25 Tuesday, Wednesday and today trying to learn as much ~4 1 as I can about how the city treats billboards, and 2 we just have not been able to go through all the 3 materials there are to develop that. 4 In addition, we've got a number of 5 billboards-around the city that are well over 6 height, more than a few, and we would like to go 7 around the city and see if there are other 8 billboards well over height, higher than our 9 billboard or the same height as our billboard-- as 10 C&E Communications' billboard and establish that the 11 variance has been granted for these. And that we 12 should be treated fairly. We should be given a 13 variance-for height. 14 For the record, we believe we are being 15 treated unfairly; we have been discriminated 16 against; we have been treated arbitrarily in the 17 legal sense. 18 MR. DAHL: If he's going to request a 19 postponement (inaudible) is he arguing his case? 20 (inaudible) He ought to save that argument 21 on the height variance until we_have that postponed 22 hearing. 23 If he wants to tell us why he's unable to 24 be prepared, that's fine, but to go through it 25 further than that today and say here's what I'm 1 75 1 going to say and here's how come the height variance 2 (inaudible) ought to be granted-- I think he's 3 engaging in the hearing that he says he•s not ready 4 to conduct. So he's going to have to make a 5 choice. 6 MR. MELCHER: I have to object to Mr. Dahl 7 mischaracterizing what I've said. I'm (inaudible) 8 responding to a question from the board member. 9 (inaudible) counsel is mischaracterizing my 10 statements. 11 I've simply said I'm trying to gather 12 education. There's why I need to gather it. I need 13 to gather records which will show the theory I have, 14 and I need to gather evidence about other billboards 15 that are way too high in the city. I was simply 16 responding to the board member. I'll be happy to 17 stop now. lg CHAIRMAN WALKER: Does that satisfy you? lg MR. ECAELMEYER: It satisfies me. 2p MR. SANG: Do we have the option to 21 dismiss the case? 22 MR. GIDLEY: At this point you really 23 don't have authority to dismiss the case. Only upon 24 a second request after a first-- after you approve 25 the first'extension. Upon a second request then you 76 1 may at your option dismiss the case. 2 At this particular point you have two 3 options: to continue the case to May 23rd as 4 requested; or continue on with the hearing this 5 evening. 6 MR. ABBOTT: I'd like to make a motion, 7 Mr. Chairman; to continue this case. Given the 8 considerable expense involved in this billboard 9 issue-- this particular billboard issue then I think 10 it's only fair that we give both sides a chance to 11 think about the issues more in depth and look into 12 things and hear it again next month. 13 CHAIRMAN WALKER: Do we have a second to 14 that motion? 15 MR. HOVLAND: I second that. 16 CHAIRMAN WALKER: Any discussion? 17 Then we'll proceed with the vote. lg MS. CHAPLA: The motion to continue the 19 case until May passes six to zero. 20 CHAIRMAN WALKER: That concludes the 21 public hearing portion of this meeting. We 22 appreciate all of you coming and all your efforts 23 and we'll see you all again next month. 24 (Whereupon, the hearing ended at 9:44 p.m.) 25 " ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 1 ~a 1 C E R T I F I C A T E 2 STATE OF COLORADO ) ss. 3 COUNTY OF JEFFERSON ) 4 I, WAYNE MOORE, Certified Shorthand Reporter and Notary Public in and for the State of 5 Colorado,%do hereby certify that I was present at and reported in stenographic shorthand the 6 proceedings had in the foregoing matter; 7 I FURTHER CERTIFY that thereafter in the ordinary course of business my shorthand notes 8 were reduced to typewritten form comprising the foregoing Reporter's.Transcript. 9 I FURTHER CERTIFY that the foregoing 10 Reporter's Transcript is a true, correct and complete record of the proceedings had therein; 11 That I am neither attorney nor 12 counsel, nor in anywise associated with any of the parties to said cause of action of their counsel, , 13 nor otherwise interested in the outcome of these proceedings. 14 IN WITNESS WHE OF, I have hereunto 15 se y hand and Seal this /S~ day of 1996. 16 My Commission expires August 2, 1999. 17 18 ~ ~L `-'~--~-` Wayne Moore lg Certified Shorthand Reporter and Notary Public 20 21 22 23 24 25