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D' \RTMENT OF COMMUNITY DEVELOPME(
--riSOOwEST.2stnAVENUE BUILDING INSPECTION DIVISION
_l 237-89s4 EXT. 255 P.O. BOX 538 CITY OF WHEAT RIDGE, COLO.
PERMIT N0. M921118374'
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND RECEIPTED BELOW.
JOB ADDRESS -12351 W. 44th Ave Wheat Ridge CO
CONTRACTOR U, S. Outdoor Advertising CO.
ADDRESS
CITY Laurel. MS ZIP CODE 39441
NO.
OWNER Public Storage Etsofond VII
ADDRESS 600 N. Br_ d Blvd Suite 300 lend
PHONE X18-244-8080 Ext 754 ZIP CODF 9 03
:oNiRticr rnlct z 550,000
I. TYPE 6roond^ Woll^ Proiaotinp^ O1har Bi1lbOag~pFeCa 20' Vee
2 MATERIAL Steel Totol Sq°on Fut ~T
$IGN$ 3 4LUMINATION YaaO No^ Typa 400 Watt If1erCUrV Vdj~}, •} 1927
4. SET BACK FROM PROPERTY LINE N _ S_ E _ W Zon ro ona Inapaetor
(S 'fy rfiith is from) ^ ^ ^ ^ Di~Approvad
L TYPE Solid^ Mon Than BO% Opan^ Laaa Than 80% Opan
FENCES ~• MATERIAL Halpht
3. SET BACK FROM PROPERTY LINE
,(SDleih whteh U front)
2
3.
DRAW SKETCH OR SHOW BELOW, THE FENCE,SIGN,OR
(SETBACKS OR PROJECTpNS INCLUDED)
E_ W Zona_ Approvad,Zona kupacfor
^ ^ DiaaDprovad .
STRUCTURE,GMtw DISTANCES FROM PROPERTY LINES.
SEE SURVEY
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Sk SPECIFY NORTH
w
o. 7sF
t/1 ~ Q
- FRONT PROPERTY UNE
STREET NAME
SNOW DISTANCES FROM THc MAIN BUILDING TO ADJOINING HOUSES, STREETS,ANp PROPERTY LINES; ON IRREGULAR LATS, SHOW 1 FAST
DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE.
.APPLICATION FOR PLUMBING; ELECTRICAL; MECHANICAL PERMIT
THlS APPLICATION WILL SECOME A PERMIT TO PERFORM THE INdCATED WORK ONLY UPON VALIDATION BY THE BUILDING INSPECTION DIVISION.
PERMIT 1^lILL EXPIRE 60 DAYS FROM DATE OF ISSUANCE !F WORK IS NOT STARTED WITHIN THAT TIME.
ELECTRICAL PERMIT PLUMBING PERMIT MECHANICAL PERMIT
STATE LICENSE N0. ~ 927 STATE LICENSE N0.
ALUMINUTI V,7RE UNDER SIZE 5 ILLEGAL FLOOR BSM IST 2ND 3R0 4TH NO FLEL+CirJa Ona Goa<011 Propvb E Sdor
NO. WATER CLOSET FORCED AIR BTU
TEMPORARY METER WASH BOWL HOT WATER - BTU
NEW SERVICE - AMPS BATH TUB STEAM - BTU
CHANGE SERVICE-AMPS SHOWER AIR CONDITIONING-BTU
LIGHTING SINK OTHER
HEATING ~ GARBAGE WSP. REFRIGERATION SYSTEM
POWER SUS-CIRCUITS WATER HEATER Refri Brant Grow m
UTILITY (RANGE, DISPOSER, ETC.) AUTO. WASHER
Pounds Chc • Z m 1
4 FIXTURES 400 W DISH WASHER AUTOMATIC SPRINKLER SYSTEM ~ x
WIRING MOTORS 8 CONTROLS FLOOR DRAIN ELEVATOR i w r
sGNS 14'x48' URINAL a
TRANSFORMERS B RECTFIERS SEWERS
ADDl710N TO OLD WORK OTHER
1. TYPE Solidi) More Than BO% OPen^ Lue Then80% Open
?. MATERIAL Height
. -~ __ I3. SET BACK FROM PROPERTY LINE
1 ,
_ i 4Sp~ut Twhleh is front)
2
3.
S_ E__ W Zom_ Approved,Zone Mepeda
^ ^ ^ Diemorevea .
DRAW SKETCH OR SHOW BELOW, THE FENCE,SIGN, OR
(SETBACKS OR PROJECTpNS INCl.l10ED)
PERMIT FEE ~ {~~ C~, ~`~ NoT a UNLESS R
USE TAX -B.~ ~~~
TOTAL FEE ~ ~ $~6 ~ ,~, c~~ ~,~~ y`~
-1-
SPECIFY NORTN
Q
STREE7 NAM
E
SFKriV OtSTANCES FROM TFE MAIN BUILDING TC+ADJOINING HOUSES,STREETS, AND PROPERTY LINES; ON IRREGULAR LOTS, SNOW t cACT
DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE.
APPLICATION FOR PLUMBING; ELECTRICAL; MECHANICAL PERMIT
THIS APPLICATION WILL BECOME A PERMIT TO PERFORM THE INDICATED WORK ONLY UPON ~74UOATK)N BY THE BUILDNG INSPECTION DIVISION.
f'ERf.11T ylll_L EXPIRE 60 DAYS FROM DATE OF ISSUANCE IF WORK IS NOT STARTED WITHIN THAT TIME
ELECTRICAL PERMIT
STATE LICENSE N0. 1927 PLUMBING PERMIT
STATE LICENSE N0. MECHANICAL PERMIT
nLL1MIPII,Tt V,'IRE UNL`ER SIZE 8 ILLEGAL
NO- FLOOR
WATER CLOSET BSM IST 2ND 3RD 4TH N0. FiJEL=Cida One Gee dl Prroporr EI Solar
FORCED AIR - BTU
TEMPORARY METER WASH BOWL HOT WATER - BTU
NEW SERVICE - AMPS BATH TU8 STEAM - BTU
CHANGE SERVICE-AMPS SHOWER AIR CIXJDITIONMG-BTU
LIGHTING SINK OTHER
HEATING
POWER SUB-CIRCUITS GARBAGE DISP
WATER HEATER REFRIGERATK)N SYSTEM
Rafri eront Grow
UTILITY(RANGE, DISPOSER, ETC.1 AUTO. WASHER pp~~e CAar e
[} FIXTURES y DISH WASHER AUTOMATK; SPRWKLER SYSTEM
WIRING MOTORS 8 CONTROLS FLOOR GRAIN ELEVATOR
SIGNS 14 X4$ r URINAL
TRANSFORMERS 9 RECTFIERS SEWERS
' ADDITION TO OLD WORK OTHER
- MOTORS OVER I HP
r i TOTAL FIXTURES
I hereby oeknowledgn }hot this applieo-
tion Is eorrnct and understand that I
cannot start this project until this oppli-
cotion is approved. I shall Comply with
the laws of the State of Colorado and to
the Zoning Regulations and Building
Code of the City of Wheoi Ridge. Any
violation the above terms wili toua
immadi~evoeotion of this permit
~Ni'rnH Slen~lm~
CHIEF BUILDING
STRUCTURE, GMNG DISTANCES FROM PROPERTY LINES.
of Wheat Ridge
' CALL 237.6944 EXT. 255
24 HOURS IN ADVANCE
DD}E ISSUOd ~~ ( ~''Z- FOR INSPECTIONS
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~.rA7. Outdoor 1~idvertlSlstg CUSTOMER ~'' f~ \~~j {C~bt7
Company of MS, InC. ADDRESVUG I
,6'(R ~E r Gr~tol'~'t~
,~/'~ 579 Cen7ra/Avenue (607) <28-<OJ< DRAWN BY i D TE SCALE Y:a~. i~
P. O Box 6439 (800) I07-40J< JOftfj ~>S~ ~i~ L'
Laurel, MS 39447 Fax (607J 42B-7948 UNIT 71 PRIORITY K
_ _
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' ~UL-.=_~.1~SG ;i~1---F~i~U•1 ~ ~_]C $TURFiGE TO ibGlci~.~-~15=E• F.~._
DRAWING SHOWING
LOCATION OF PREMISES
ON THE PROPERTY
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993
Page 3
Board Member ROSSILLON asked staff since this is considered
a lot would the fence be in the front yard, and Mr. Moberg
answered the code is written that a six foot fence cannot be
placed within the front yard. The front yard is defined by
thirty feet, so they could run a fence up to 30' from their
west property line.
Ms. Isbell spoke again saying the property to the north of
them is the 'big hole' that most people in Wheat Ridge are
familiar with, so the fence should not be a problem on that
side.
No further questions were asked.
Motion was made by Hoard Membe
93-1, an application by Robert
following reasons:
1. The Board Finds that based
and based upon the Board's
nine specific. questions to
evidence and facts in this
granting of this request.
c ROSSILLON, that Case No. WA-
R. Isbell, be DENIED for the
upon all evidence presented
conclusions relative to .the
justify the variance, the
case DO .NOT support the
Motion was seconded by Board Member BERNHART. Motion
carried 7-1, with Board Member DOOLEY voting no. Resolution
attached.
B. Case No. WA-93-2: An application by U.S. Outdoor
Advertising for approval o£ a nine foot variance to the
maximum height of 32 feet allowed for a billboard as
regulated by Section 26-412 For property located at 12351
West 44th Avenue.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ROSSILLON asked will the sign be lowered from
62 feet to 41 feet, and Mr. Moberg answered yes, everything
else will remain exactly the same. However, the sign has
been lowered already.
Board Member BERNHART asked if the sign is at its requested
height, and Mr. Moberg answered yes. He continued saying a
total of 19 feet-has been cut off, so if this request is
approved, the sign will remain as it is now.
No further questions were asked of staff.
Victor F. Boog, 1717 Washington Avenue, Golden, CO, was
sworn in. Mr. Boog is the attorney representing U.S. Sign
Company.
y
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993 Page 4
He asked the Board to take notice and incorporate by
reference, the testimony and exhibits that were
introduced in Case WA-92-19.
Mr. Boog 'entered into record several photos of the present
sign and one before the sign was lowered to give an idea of
the difference between its then height and its present
height, all labeled'Exhibit 'A'. If the sign were limited
to 32 feet it would not be visible for travelers going east
to west. The sign in its present configuration would not
clear the tops of nearby trees, and there would be a more
serious problem when the trees leaf out. The sign is
visible when traveling west to east because there are no
trees encroaching. If the sign were again limited to 32
feet, it would essentially be behind the Public Storage sign
and would not be of any significant value to the owner.
Mr. Boog said this sign in contrast with others in the area
would not be out of place. The land upon which the sign is
located is significantly below the grade of the highway, way
more than the nine feet being requested. This particular
site selected was essentially the only site available that
would meet requirements for both the State and the City
along West I-70.
Mr. Boog went over the criteria and felt this piece of --
ground has unique topographical circumstances because it is
significantly below the level of the highway. He does not
feel it will alter the character-of the locality because _
there are signs higher within 600 feet, and if the strict
letter of the law were carried out the billboard would not
be visible to motorists. This condition is not typical for
all property that is available for signage because not alb.
property is 10-20 feet below the level of i-70. Mr. Boog
feels the hardship arises from the topography, existing
trees, and from existing signage that would block other
signs.
Mr. Boog said they do not meet each and everyone of the
criteria, but they can meet the majority of them. If this
variance is granted it will not change the character of the
neighborhood.
Board Member ABBOTT asked if the sign has been lowered, and
Mr. Boog said yes, they actually went out and cut a section
out of the pedestal. The old sign cleared the existing
trees in the neighborhood, the new sign is right in the top
of the trees.
~°
• CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993 Page 5
Board Member ABBOTT wanted to know why the company would
spend a lot of money lowering and cutting .out a section of
the sign for something that is still out of compliance, and
Mr. Boog said he told his client the longer the sign stood
was up there at 60 plus feet, the less sympathy anyone would
have for the company, and advised them to lower the sign as
much as it could be and still be visible. They were also
motivated by what Mr. Moberg said in terms of a substantial
change to justify a further consideration; at least a 50$
difference.
Board Member ABBOTT quoted the 3M representative that spoke
at the last meeting saying '.that if this variance was -
allowed he would feel he has an opportunity to come back to
Wheat Ridge and ask that his signs be raised', and asked Mr.
Boog how he would counter that statement. Mr. Boog said the
3M signs are not pedestal-signs; and there is more than a
height problem as they do not meet the present sign
criteria. If 3M had a location such as this, they would
have to make all their signs conform with construction.
Board Member ABBOTT asked staff if the design had anything
to do with the variance, and Mr. Moberg replied no, every
case heard is site specific with unique circumstances.
Listening to threats such as that could mean that you would
be approving this arbitrarily. As long as a request is
approved for specific site reasons, then GM would have to
prove their case also.
Board Member HOWARD asked if he advised U.S. Outside
Advertising to lower this sign to its present height rather
than leaving the sign as it was and having the case heard,
and Mr. Boog replied yes. He said he felt there should be
proof what the sign would look like and present a view what
was being requested instead of guessing. Mr. Moberg --
explained why the request is for 41 feet saying it is odd
but there is a theory behind it. Discussion .followed.
No £urther questions were asked.
Motion was made by Board Member ABBOTT, that Case WA-93-2,
an application by U.S. Outdoor Advertising, be APPROVED for
the following reasons:
1. There is a unique circumstance with I-70 being elevated
and above average height at this location.
2. There is a unique circumstance in that the existing
signage of both complying and legally varied heights
exist proximal to this location.
3. The lowering of the billboard below the requested 41
foot at this location would compromise beyond economical-
or informational value of this structure.
c
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993
Motion was seconded by Board Member ROSSILLON.
Page 6
Board Member BERNHART asked staff if there was any
confirmation that the top of this billboard is 41 feet, and
Mr. Moberg replied only that we were told that, however as a
condition the sign height could be verified. Discussion
followed. Board Member BERNHART at that time offered two
friendly amendments.
FOR THE FOLLOWING REASON:
4. There is vegetation adjacent to the billboard which
creates a unique situation in terms of visibility, and
WITH THE FOLLOWING CONDITION:
1. The top of the billboard be verified to be no higher
than 41 feet by an independent, outside source before
the panels are added.
Motion carried 8-O. Resolution attached.
C. Case No. WA-93-3: An application by T.J. Ammon for approval
of a 20 foot variance to the minimum 30' front yard setback
allowed in a Residential-One A zone district as regulated by
Section 26-13(F). Property is located at 3365 Union Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member BERNHART asked how close is the deck on the
property to the north to this property, and Mr. Moberg
answered Mr. Ammon does own both o£ these properties, but
believes the deck goes across the property line.
Board Member ABBOTT wanted to know what the 10' strip was to
the west, and Mr. Moberg answered that just illustrates the
rear setback.
Board Member ABBOTT asked another route for the applicant to
go is to ask for an exception for the back side to encroach
into the flood plain, and Mr. Moberg said he could apply for
that, however, it is a much more expensive process and there
is criteria he would have to meet.
Chairman HOWARD questioned who asked for the right-of-way
width reduction request-that is coming in, and Mr. Moberg
answered staff. The request is for a 10 foot vacation along
the entire length of Union Street, and if this variance is
granted, would make this a 20 foot setback. The applicant
is requesting a 20 foot variance from the existing right-of-
way line, not the proposed.
3
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 11th day of March 1993.
CASE NO: WA-93-2
APPLICANT'S NAME: U.S. Outdoor Advertising
LOCATION: 12351 West 44th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
ROSSILLOI3__,_the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-93-2
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 there WERE NO protests registered against it; and
WHEREAS; the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-93-2 be and hereby is APPROVED.
TYPE OF VARIANCE: A 9', to the maximum height of 32 feet allowed
for a billboard.
FOR THE FOLLOWING REASONS:
1. There is a unique circumstance-with I-70 being elevated and
above average height at this location.
2. There is a unique circumstance in that the existing signage
of both complying and legally varied heights exist proximal
to this location.
3. The lowering of the billboard below the requested 41 foot
at this location-would compromise beyond economical or
informational value of this structure.
4. There is vegetation adjacent to the billboard which
creates a unique situation in terms of visibility.
WITH THE FOLLOWING CONDITION:
1. The top of the billboard be verified to be no higher than 41
feet by an independent, outside source before the panels are
added.
VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Junker,
Reynolds and Rossillon
NO: None
DISPOSITION: VARIANCE GRANTED BY A VOTE OF 8-0.
D ED this 11th day of March, 1993.
~~
~ ~-
ROBERT HOWARD, Chairman _ Mary Lpu Chapla, Secretary
Hoard of Adjustment Board o Adjustment
FEH 21--'00 00:32 CFIRLILE CHRIS
TO: 130333734745 P01
75Q0 WEST 29TH AVENUE The C(I Of
P.O. 8CX 638 y
• W4EAT RIDGE. CU 80J.4-0638 i3C3f 23+~590C Wheat
City Admen, Fax n 23a.5524 Po!~ce Da pt. Fax ~ 235.2549 Ridge
September 13, 1995
CERTIFIED MAIL
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Mr. Criris Carlile 09-27-95 also to:
C & E Communications, Inc. C & E Communications, Inc..
2800 South Syracuse way, #13-203 4926 S.W. Corbett, #205
Denver CO 60231 Portlan3 OR 97201
Dear Mr. Carlile:
It is my duty to inform you that your Wheat Ridge Building Permit
No. 95-z34 for a billboard to be erected at 10501 west I-70
Frontage Road is hereby revoked. This revocation is based upon
rec:ommendacion by our City Attorney, Gerald Dahl, that issuance
of said permit was an error based on the following:
1. The specific.billboard located at 7605 west 44th Avenue,
which you, as applicant, requested to relocate pursuant to
Wheat Ridge Code Sec. 26-412(c)(11, was not under your
ownership prior to, or at time of, its' removal. Therefore,
you had no vested own®rship right to relocate said sign.
2. in order to comply with the "relocation" option, request for
a permit to "relocate" must be approved prior to removal of
said billboard, or within 60 days of said removal pursuant
to Wheat Ridge Code Sec. 26-7(E}.
it is apparent that you have not acted upon and exercised your
interim rights to construct pursuant to Permit No. 95-234,
therefore, there has been no detrimental reliance. A
reimbursement check will be mailed to you under separate cover
far perm_'t fees and use tax asscciated with this permit.
we apologise for any inconvenience that this may cause you.
Should you have any questions, please do not hesitate to contact
me.
Sin~~rely yau;fs/, ~•
(;len Gidley, D
Planning & Dev
GEG:slw
APPLICANT'S
EXHIBIT
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-- DEPARTMENT OF PLANNING AND DEVELOPMENT
BUILDING INSPECTION DIVISION - 235-2855
CITY OF WHEAT RIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
Building Permit Number : 2449
Date : 12/29/95
~~ ~ Property Owner
Property Address : 10501 I-70 FRONTAGE RD N Phone
Contractor License No.
~ ~ Company : Phone
OWNER/CONTRACTORSlGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this permH application are accurate,
and do not violate applicable ordinances, rules or regulations of the City of YVheat Ridge or
covenants, easements or restrictions of record; fhajall measurements shown, and allegations
made are accurate; that I have read gritl agree t6abida by all condRians printed on this
application, and that I assume full responsib I'{y for compliance whh the Wheat Ridge Building
Code (U.B.C,) and all other applicable Wh Ridge ordinances, for work under this permit.
/~ -
(OWNER)(CONTRACTOR) SIGNED ~ ~ ~ ___ DATE ~ 'J ~'~'
Description : BILLBOARD 14' X 48' 32' BILLBOARD
Construction Value : $25,000.00
Permit Fee : $252.00
Plan Review Fee : $0.00
Use Tax : ~Sa
Total: $C2a.9B
77. °~
50' SETBACK SOUTH, 5' SETBACK WEST
BUILDING DEPARTMENT USE ONLY
Approval : GG 12/29!95
Zoning : PID
~TfiRfitlg ',_
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 Sr 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
~ ~ 9t ~
(1) This permit was I.aaued in accordance with the provisions set toM In yopur applicatbn and is subject to the laws of the State a Colorado and to the Zonkp
Regulations and Building Code of Wheat Ridge, Colorado a arty other applicabb ordinanms of the City.
(2) This pertnk shall expire rt (A) the vrak authorized is not commenced wdhin sixty (60) days from issue date a (a) dre building authorized is suspended or
abandoned fur a perb0 of 1330 days.
(3) If this permit expire, a new pemnt may be acquired for a (ee ofone-haft the annum nomtaly required, provitled no changes have been or will be made in the
odgmal plans and spmhcations and arty susp~Sion or abandonment has not exceeded one (1) year. H changes are made or tt suspension or abandonment
exceeds one (1) Year, full fees shall be paid for a new penniL
(4 No work of erry manrbr Mall be date that will change dat natural !low at water causing a drainage problem.
(5 Contractor shall notify Me Building InspeUOr twenty-four (24) hours in advance for all uupections and shall receive wdaen approval on inspection prd befom
nng wdh aucceasive of the ppyb
(e) a issuan of a pertrrit or a approval of drawings aM spedfiwtiona Mall constivetl m be a pemrit for, nor an approval of, arty violation of the provisions
of the bui i cod or any odrer orthina ,law, rule ar regulaflon.
Chief ullding Inspector
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR
CALL: 2345933 24 HOURS PRIOR TO INSPECTION
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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 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.
LEI~SE 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.
~.:
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3. IIae 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. 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
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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-Iaterference.
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. Tales.
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.
~~~' T - 3 ~ ~,/ r 1
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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.
___
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17. Applicable Law.
Colorado.
This Lease shall be governed by the Laws of the State of
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.
LESSORB:
Debra ~J ed' D aring ~'
-/~
Daniel-R. Dearing
Address: /G'SC~ l l~v `~~' r`~y~ L+-' ~ ~
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STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
'-~~ Lf-ji
Date
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Date
THE FOREGOING instrument was acknowledged before me this a'~~
day of January, 1996, by Debra Lee Dearing and Daniel R. Dearing,
as Lessors. __
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~•' commission expires: 12/28/97
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LESSEE:
C & E Communications, Inc.
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By: C' is Car ile, /P'residen't`
Address: ~~, ~ (~px• ',_t~" ~~ ~, ~ ~~_"~
"If~^ L•\/l-l ~ 'LYE. ~'1~~7,
STATE OF l..t%f D (CL(J[ U )
ss.
C~~c,~5 COUNTY OF f~~~ ~/ei )
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FOREGOING instrument was acknowledged before me this ~`f
January, 1996, by Chris Carlile, President of C & E
ions, Inc., as Lessee.
J .~ ~ r ~ ~ x:~ ~~
Notary Public
My commission expires:
ATTEST:
Secretary
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EBHIBIT 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 "TH8 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 "THE 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 1J4, 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.
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LOCATION OF POLE
Eleven Feet East of West Fence Line and Eight Feet South
of South Line of Proposed Building
FXHI$?T B
INIT
21
SE'4T-BY:~ROR'\'STEIN HYATT : 1-24-96 944 : BHFgS^ 303-1214309:; 2/ 2
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 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 n n' /=z~-~~
ctuce~ ~ C i
Daniel R_ Dearing
Date: J -r~.1-I -~~o
LESSEE:
C & E
Name:
Its:
Date:
INC.
6320.]; 1161621
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 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 professicai opinion, and as provided for in certified engineering
~eports 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.
~ ~
~~ v~~,~ This letter, and the foregoing information, may be provided to the City of Wheat Ridge
eys° 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,
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 Iinstalled asingle-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-fvur (24) ]yours. I hereby certify
that, in my professional opinion as an experienced and licensed constructivn 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 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,
MatC Yob
President
`~
GRC Engineering, 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, certified as true by the co~istruction contractor, regarding the installation
and erection of the abovenatned 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 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 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
...~~+Y'
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
_ _
Mar-29-96 03: 11P WHEAT RIDGE SECOND FLOOR 2352857 P.02
~x~io cei
182.5 D
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: Billboard Sign located at 10501 W. 48th Avenue, Wheat Ridge, CO
Dear Mr. Cazlile:
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 regazding the
billboazd 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 regazd, please feel free to contact me.
Sincerely,
~~~~
Daniel R. Dearing
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN TO before me thiso7~'day of Mazch 1996, by Daniel
R. Dearing.
Witness my official hand and seal.
expires: /( 7
\~
NO ARY PUBLIC
APPLICANT'S
EXHIBIT
6
- ~ -.
Cole FinegaE
ATTORNEYS AT LAW
TWENTY-SECOND FLOOR
410 SEVENTEENTH STREET
DENVER, COLORADO 80202-4439
(3031 534-6335
FAX (303) 623-1956
March 29, 1996
VIA FACSIlMII.E AND HAND-DELIVERY
Glen Gidley, Director
Department of Planning and Development
7500 West 29th Avenue
Wheat Ridge, Colorado 8003
Dear Mr. Gidley:
WASHINGTON OFFICE _ _
601 PENNSYLVANIA AVENVE. N.W
SUITE 900
WASNINGTON~ O.C. 20004
R02) 43463])
FA% (202) 393-]664
On behalf of our client, C & E Communications, Inc., enclosed is an Administrative
Process Application for a variance from the City of Wheat Ridge, pursuant to Section 26-
6(D)(2)(b) of the Wheat Ridge Zoning Code (the "Application"). The variance requested
pursuant to this Application relates to a billboard sign erected on the property located at 10501
West 48th Avenue North, and requests an increase in the permitted billboard height at that
location from the 32 feet permitted under the ordinance"ee~;'
It is our understanding that the Application will be considered at the next meeting of the
Department of Planning and Development on April 25, 1996. Please notify me as to the time
of the meeting so that my client and I may be present to respond to any questions regarding this
Application and to present the reasons that the Application should be granted.
Sincerely,
CPF/jmm
Encl.
cc: Chris Carlile
Christopher Melcher, Esq.
Jerry Buckley, Esq.
BROWNSTEIN HYATT PARSER c~ STRICKLAND, P.C.
BROWNSTEIN HYATT PARSER & STRICKLAND, P.C.
ole Finegan7~
03!29/96
CN-6320
DN-156637-t
STAT$MENT OF C&E COMMUNICATIONS, INC. IN SUPPORT OF
ADMINISTRATIVE PROCESS APPLICATION REQUESTING "SIGN
HEIGHT" VARIANCE FROM CITY OF WHEAT RIDGE ZONING ORDINANCE.
C & E Communicarions, Inc. {"C&E" or the "Applicant") hereby submits this statement
in support of its Administrative Process Application for a Variance from the "sign height"
provisions of the City of Wheat Ridge Zoning Code (the "Application"). C&E is a lessee of a
portion of the property located at 1O50I 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. See 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 the
erecting a billboard sign structure on the properly. (Exhibit B). The Lease is for a teen 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 1050] 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 regarding 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. Reouest for Variance Retarding Height of Billboard Sign Structure
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. Whczt Ridge Zoning Code, Sec. 26-401, et sea.
Pursuant to Sec. 26-412, the City of Wheat Ridge is divided into two separate billboard districts
-- B-I 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, and ~roximatel5~ftft~yi three_~3)~=~inlieigh e
Under the Wheat Ridge Sign Code, certain billboard signs located in the B-2 District are
limited to ~ maximum height of thirty-two (32) feet. Sec. 26-412(c)(4). However, billboard
signs located in B-2 District are also governed by the Wheat Ridge Zoning Code for Planned
Industrial Develo ments ~`'"
~ ~iE" P ~ -. _ _ e,''~3illfioard sigp s~ructnre erect to eat I~dge B=2
rDi ~ lF,y -the "F1071 ~~ etback"_=set fszztli ~in the :Planning Industrial
_ s Y: .
~Deyelopment and .Light Industrial Zole-Dt„~iegTtions._ Compare sec. 26-25(IV)(B)(3)(d)
with sec. 26-24(I~(5).) Under the Wheat Ridge Zoriing Code governing Planned Industrial
Development, governing the property upon which the C&E billboazd sign is located, the
regulations provide that the maximum height for any structure erected on such property shall be
"maximum fifty (50) feet". Sec. 26-25(IV)(B)(3)(c).
- _ _ _ --
~. ,Trtlte Wheat lodge: ~gn'Coile provides generally that-any "freestan mg"
llboa>~d,, s~,s~jc~u~e (whtch describes CbilJboard_--sign) -that is located-in -;a
~r4,m't~'sid~nhalxlistrict" is~ermitted to have amaxrm~ii Irei ~hfo up fo "fifty-(50)-feefliigFi~'
under certain circumstances. Sec. 26-410(E)(1). The foregoing provisions illustrate that there
is some ambiguity in the Wheat Ridge Zoning Code regarding which height restriction, among
the many that are available for signs located in the Wheat Ridge B-2 District, will apply for a
billboard sign structure erected on the property at 10501 W. 48th Avenue North.
Prior to construction and installation of the billboard sign structure by the Applicant on
the property, the Applicant was issued a building permit from the Department of Planning and
Development for the City of Wheat Ridge, Permit No. 2449, on December 29, 1995.
~ App]icant's Permit provided that the billboard would be a ~_b`it7tioaic~ IT4'X=48'~29?billboard."
(Exhibit D). The zoning designation for [he property upon rich the billboard sign was located
is designated on the building permit as "Zoning: PID", it dicating that the zoning regulations
governing the billboard sign structure would be the sam ~ as that governing other structures in
the PID District.
The Applicant understood that the City of Wh ~t Ridge preferred that the billboard sign
he constructed to have a height of thirty two (32) f t. However, the Applicant later became
aware of facts which lead it to believe that both the roperty owner as well as adjacent property
owners would benefit if the billboard sign were nstructed at a greater height
The Lease governing the Applicant's rights to enter the property and erect a billboard
3 -3c. __
structure stated that the~igr~rr7ust "nof IESS~han T8' higfi_a~ fhe: owest point on the_smgIe po e"
See The Lease, Par. 3. "Use Limitation/Reservation." (Exhibit B). Shortly prior to construction
of the billboard sign structure, l~2nr-observed_ -that-th~ad~oining_ proper yt'~o~er
-~,~ ti~diate~Wesro~th~ ptopertq-also-had a-billboard~i~n-struchrre erected. The adjoining
property owner's sign was erected at alte3ght of thirty-two (32) feet. Applicant observed that
the adjoining property owner's sign would be entirely blocked from the line of sight of west-
bound traffic by the Applicant's sign if it was erected at 32 feet. Applicant observed that the
adjoining property owner's sign would be significantly more visible if the Applicant erected its
billboard structure to a height at or above fifty (50) feet.
Given the fact that the Lessor property owner and the neighboring property owner would
both benefit by the billboard sign structure being erected at a height of fifty (50) feet, and given
that the Wheat Ridge Zoning Code provided for a number of different provisions which allowed
billboard sign structures to be erected fifty (50) feet high, Applicant believed that it would
benefit all parties concerned (including the City of Wheat Ridge) if the billboard sign structure
were erected to a height of 50 feet. (The additional three feet in height was an inadvertent
increase in height during the construction process.)
The billboard sign structure as constructed is presently approximately fifty-three (53) feet
in height. The Applicant hereby seeks a variance from the Wheat Ridge Zoning Code to allow
the present billboard sign structure located at 1050] W. 48th Avenue North to he constructed
at a height of approximately fifty-three feet, the current height of the sign structure. This
Application satisfies the Review Criteria set forth in Section 26-6(D)(2)(c) of the Wheat Ridge
Zoning Code governing variances.
TI. Review Criteria under Section 26-6fD)(2)(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 Whut Ridge 7.oning Cody., as follows:
Can the property in question yield a reasonable return in use service of income
if oennitted to be used only under the conditions allowed by rettulation for the
District in which it is located`?
The billboard sign structure as constructed can only be Iowered to a height of thirty-two
feet above ground level at great expense and hardship to the Applicant. The Applicant's abiIiiy
to realize a "reasonable return in use, service or income" will be severely diminishc;d if required
to comply strictly with the regulations of the City of Wheat Ridge and lower the sign to a height
of thirty-two (32) feet. Applicant believes that the current height of the billboard sign structure
as constructed (approximately fifty-three {53) feet high) will benefit the property owner, and
adjoining property owners, if allowed to remain at its current height. Additionally, because the
billboard sign structure is erected on property that is located in a heavily developed commercial
and industrial district, and the sign is only visible to traffic passing on Interstate 70 Highway
directly South of the property, that there will be no harm to any concerned parties if the sign
is allowed to continue at its present height.
2. Is the plight of the owner due to unique circumstances?
The. plight of the Applicant is due to the unique circumstance that the adjoining prope ty
owner has a sign locatul on its property of exactly shirty-two (32) feet in height, the same height
that the Wheat Ridge Zoning Code would require the Applicant to erect his sign. If a variance
is not granted, the Applicant's billboard sign structure and the adjoining property owner's sign
structure will both be significantly damaged because they will block the line of sight for each
sign from different directions of travel. A variance for the Applicant to allow the sign to be
erected at its present height will benefit both the Applicant and the adjoining property owner in
that the line of sight for both signs will be protected.
3. If the variation were eranted would it alter the essential character of the locality?
The variance, if granted, would not alter the essential character of the locality because:
the property on which the billboard sign structure is located is a Flanned Industrial Development
area. The majority of the property in the locality of the. billboard sign structure contain
commercial and industrial developments, to include warehouses and manufacturing plants. A
billboard sign structure will not affect the character or aesthetic beauty of a commercial and
industrial development area, regardless of whether the sign is thirty-two (32) feet high or fifty
(SO) feet high.
4. Would the p•trticul tr nhvsical surroundint, ch tpu or typo~phical condition of
the specific property involved result in a~•triicul~tr hardship (upon the owner) as
distinguished from •i mitre inconvenience if the Strict letter of the re ulations were
carried out?
The physical surroundings of the property will result in a hardship upon the Applicant
if the strict letter of the zoning height regulations are enforced because the adjoining property
owner has previously erected a sign of exactly thirty-two (32) feet in height. Therefore, if the
Applicant is required to lower his billboard sign structure to thirty-two (32) feet in height, both
the Applicant and the neighboring property owner will suffer significant hardship to their sign
structures, in that each sign wit] block the other from the line of sight of one direction of travel.
This hardship will be entirely avoided if the present Application is granted and the Applicant is
allowed a variance to continue with the billboard sign's present height as constructed.
5. Would the conditions upon which the petition for a variation is based be
apolicable enerall,~ to the other Qrooerty within the same zonine classification?
The conditions upon which this Application for a variance is based are generally
applicable to all other property within the Planned Industrial Development zoning classification.
Any property owner located within the Planned Industrial Development may apply to the City
of Wheat Ridge for a variance allowing them to construct a billboard sign structure at a height
greater than thirty-two (32) feet. However, this particular Application has unique circumstances.
namely the erection of a sign at thirty-two (32) feet in height by the adjoining property owner,
which argue especially in favor of the granting of a variance for this Applicant.
6. Is the puroose of the variation based exclusives upon a desire to make money out
of the property
The purpose of the Application for a variance is based upon the desire to avoid significant
hardship, and loss of income, to the Applicant. The Applicant is a business engaged in
advertising on billboard sign structures.
7. Has the alleged difficult~r hardship been created any person presently having
an interest in the prooert~~.
The Applicant erected the billboard sign structure at a height in excess of the billboard
sign regulations in the belief that the additional height of the billboard sign stnuture would be
a benefit to the owner of the property upon which the sign is erected, all adjoining property
owners, as well as the Applicant. The Applicant did not create the hardship resulting from the
billboard sign structure exceeding the height regulations with intent to harm other property
owners or to create difficulties for the City of Wheat Ridge. 'therefore, Applicant respc.ctfu]ly
submits that there has not bun any hardship created to influence the outconx of this proposal.
8. Would the rg antin~ of the variations be detrimental to the public welfare or
injurious to other property or in~rovements in the neighborhood in which the
property is located?
The grant of the Application for this variance would not in any way result in detriment
to the public welfare, or injure other property or improvements in the neighborhood where the
billboazd sign stnichire'is located. The additional height of the billboard sign structure as
presently constructed does not impede the visibility, air or light, or other property rights of any
adjoining property owner. Furthermore, as set forth in statements by the billboard sign
manufacturer, the billboard sign engineer, and the construction contractor who erected the sign,
the billboard sign structure erected by the Applicant has been erected in full compliance with all
applicable City and Industry Building Codes. The billboard sign structure as presently erected
is structurally sound and completely safe. See Exhibit C.
9. Would the proposed variation impair the adeouate supply of lisrht and air to
adiacent prooerty or substantially increase the congestion in the public streets or
increase the danger of fire oi• endanger the public safety or substantially dtmmtsh
or impair property values within the neighborhood?
The billboard sign structure as presently constructed would not impair in any way the
adequate supply of light and air of any adjoining property owner, rather the additional height
of the billboard sign structure improves the adequate supply of light and air for the adjoining
property owner who has already erected a sign in that the additional height does not interfere
with the adjoining property owner's sign structure. In addition, the additional height requested
under this Application for a variance would not in any way increase congestion in public streets,
increase the danger of fire, endanger public safety, nor substantially diminish or impair property
values within the neighborhood. The billboard sign structure as presently located is entirely
consistent with the present uses of all property in the locality, and the additional height requested
under this Application will not in any way reduce the overall structural integrity and safety of
the billboard sign structure as presently constructed.
Ili. Conclusion.
For the foregoing reasons, C&E respectfully requests that the Board of Adjustment grant
the variance requested in this Application from the Zoning Ordinance of the City of Wheat Ridge
allowing the C&E billboard sign structure located at 10501 W. 48th Avenue North to remain
at its present height of fifty-thru; (53) feet, rather than requiring the sign to be lowered to thirty-
two (32) in height as required under the Zoning Code.
Daniel R. Dearing
HIGH COUNTRY AUTO BODY
10501 W. 48th Avenue
Wheat Ridge, Colorado 80033
Mazch 29, 1996
Chris Cazlile, President
C & E Communications, Inc.
4926 SW Corbett, Suite 205
Portland, Oregon 97201
Re: Billboard Sign located at 10501 W. 48th Avenue, Wheat Ridge, CO
Deaz 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 up to twenty-five (25) feet regarding the permitted
billboard height of the sign presently located on my property.
If you have any questions in this regard, please feel free to contact me.
Sincere~K~
~~
Daniel R. Dearing
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN TO before me thisc~9~day of March _1996, by Daniel
R. Dearing.
Witness my official hand and seal.
expires: 1/~i~99
NOTICE OF PUBLIC BEARING
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 No. WA-96-10;_ An_application by Joyce Harrelson 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.
Case No, WA-96-i1: 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.
4. 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 10501 N. I-70 Frontage Road.
Ma ou Chapla, Secretary
~~~~-~~
- __
Wanda Sang, City Clerk
To be published: April 11, 1996
Jefferson Sentinel
F
_ ,
P.O.BOX 638 TELEPHONE: 303/237=6944_ -. -The Clfy Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
April 10.; 19.96
This is to inform you that Case No. WA-96-12 which is a request. -
£or approval of a 22`°-height variance to the 32' billboard height ___... .
requirement for property zoned Planned Industrial Development
for -property located at 10501 _Ia.4 I-70 Frontage 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 25, 1996
All owners and/or their._legal counsel. of the parcel--under
consideration mus 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 notify 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 - -
"The Carnation City"
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GRC Engineering, Ine.
10537 S. Kostner Avenue
Oak Lawn, Illinois 60453
(708) 424-9567
April I5, 1996
Gien Gidley
Director of Planning and Development
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, Colorado 80215
Re: C & E Communications, Inc. Billboard Sign Located at
10501 West 48th Avenue North Wheat Ridge Colorado
Dear Mr. Gidley:
My company, GRC Engineering, provided certified engineering plans to T.-Co., a
billboard sign manufacturer, for the abovedescribed single-pole billboard sign structure (14' x
48' sign size) which was sold to C&E Communications 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 struchire, and have no personal knowledge regarding the
installation. I have been provided the following information, certified as true by the construction
contractor (Metro Sign Co.) in the form of a notarized sworn letter (attached as Exhibit 1),
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 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 footing to secure the sign column, in full
accordance with applicable industry codes and the Uniform Building Code,
utilizing the abovedescribed excavated hole and concrete with a strength of 2500
lbs., a slump of 5", and calcium chloride to ensure accelerated curing of the
footing prior to loadbearing.
Glen Gidley
April 15, 1996
Page Two
In addition to the foregoing information, I have been provided with and have examined
true and correct copies of the original concrete load tickets certifying the type, amount, and
characteristics of the concrete used by the sign contractor in constructing the concrete footing
that secures the abovedescribed billboard sign (attached as Exhibit 2).
Based on the foregoing information provided to me, and based on the engineering
calculations and plans prepared by my firm for the manufacture and erection of the abovenamed
sign structure, I hereby certify that the abovenamed billboard sign structure has been installed
and erected in conformance with 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 on the sworn information provided to me and the true copies of the concrete load
tickets, the abovenamed billboard sign structure and the concrete footing have been installed to
operate in a completely safe and structurally sound manner.
Sincerely,
~/2 ~
G. R. Carstens
President
Seal:
,.~~ GARSpF a.,
C'S': '.G~STEq~ ;LS
_~ 14278 ~E
N~ ~ss ao QO
~ 9k• ~QNA~k~ P ~
,i~~4~ Op CO`-~P~~p
Metro Sign Service
P.O. Box 10296
Glendale, Arizona $5318
(602) 564-7705
April 1, 1996
Glen Gidlev, Director -~
Department of Planning and Development
7500 west 29th Avenue
Wheat Ridge, Colorado 8003
Re: Billboard Sign Located at 14501 W. 48ih Avenue n'oreh,
Wheat Ridge, Colorado
;]ear Mr. Gidley:
As you know, my company and Iinstalled asingle-pole billboard sign structure for your
company, C&E Communications, on ar about February 27 and 28, 1996, nn 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 attest that the following information is true and correct to my knowledge
regarding the installation and erection of the above-referenced sign:
(i) a hole was excavated on the property for the pttrpose of securing the billboard
sign wlumn; 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 final height of the sign, measured from ground level to the top of the sign
structure, is 53.4'; the Ii.A.G.L, for the structure is 35.9'; and
(v) a sign footing was constructed to secure the sign column, in accordance with
Uniform Building Code and industry standards, and with the above-described
excavated hole, which utilized concrete with a strength of 2500 lbs., and a slump
of 5".
Glen Gidley, Director
April 1, 1996
Page 2
T 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 pf the aforementioned billboard sign, including but not limited to the design and
constntction of the sign's footer anti the use of special fast-drying cement in the installation of
the sign, satisfied and complied with all applicable industry standards and the Uniform Building
Code regarding such construction,
Sincerely,
Matt Yob
President
STAT)1 OF ARIZONA )
ss.
COCJP.ITY OF _~_~'J~G„Q ;"',2 )
SUBSCRIBED AND SWORN TO before me this ~ day of April 1996, by Mall Yob.
Witness my official hand and seal.
My commission expires: // ,~~ Cf'G
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y ~ V,,rb ~{ ~ ; S.~ ~l~Y .t"4.t h ~i ~.~ k } `..~~t ~~~Y. E~"' ~` ~ ~..' t~.... 1 ~ . ~[ ' ~7) ~;' '~ .
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1d ~ .~'..~.k x:.,t~7~s:Pr. •.,~~ ':f, ,1 .;i~,'.( { j;.. .r»tL.:' 1 .
.~ .
SUBTOTAL ; `
3.3•°+:'00 _
tt TAX ~,~ :y.: '~..~. "::f~.~,3; - :s:
S GRAND TOTAL ~~"'347 ?3
•" . toed klepected Cyllndere taken - ..
YESI NO YES I NO
AE %" Slump ~..
e~ ` '
.~•. t
UNLOADING TIMEALLOWED IS 10 MINUTES PER YARD/METE
TIME IN EXCESS IS SUBJECT TO CHARGE THE UNDERSIGNE
AS PURCHASER OR HIS AUTHORIZED REPRESENTATIL
RECEIPTS FOR "'PHIS LOAD 'OF CONCRETE AND HP
INSTRUCTED YI~~DRIVER 70 ADD: ~~-. ,
,,. ~ sTZ. '}'.
' `i'd. :':i~~, s:..' ry. Lei...
' _"GALSILTRS.for `r"'~r YOSJMTRS.
~k.. r ;+;
GALSRTRS. for `_':: YDSJMTRS.
GALSATRS. for ...~ YDSJMTRS
Damage Waiver ~ 'CUSTOMER IS ALLOWED '`~ ~~ MINUTES
~' '~• ~~ Ceutlon: Freehy mixed cemem, mot-' ~ N;
UNLOAD
Our drivers will make eve elfart to face materiel where the cus- tar;tonerete, or ut may cause aKln .. '`'?~~'' y~.
tourer desi nazes, but the Com aswmea no respenelblli for Avoid conmct with elfin where :'~•~~-.;;~~
g PAY N ~wY• ~ ~EFt MINUT
damages inside of curb or property Ilne or where cur driver feels aNtlble entl weep expcaed skin areas A CHARGE OF $
damage to: ~ ~ ~~ ""~ -,fi' DAmPY $f@4 try WILGBE ADDED FOR F~CCESS TIME .t ;..,
a with vW It a cement mix- c ~ x
`' " ~ film get intq.thtr eye, dose immediate- ~°" ryt"
may occur. ~ :~' n IY':ttl1d repeedy with water end ge -,~
r" ~ ,;,~ ^ prompt metl~'~dennon. Keep out ot.
X - ~ - SI nature ...~ ~ ' Reeoh of ChlWnn. x "?"~~.. ',,•_y. .
-- ,~ 4 tins {~ + CUSTOMER SIGNATURE
iyar~ 1 ~~~ r ~ ?~ K~~ a 5T i ~ ~~,.+ry !E~ r•!j nn1.AV PYJ~ ~'~: r y~ tea'. - ~ ~r,.
,. ~.,;`u2-.;" ~ a. ,~. . ,+~Qu++ssk+: ~ .t~=.~a _cMTi, ~# f t~8~`,x .,,.!:t -a °:,,,,Cr.,, ,>.. ,A°~Sa?. .~~'T n.+f+, ~_:. ~ . K .
"~ _:._
DELIVERY TICKET ~~ 'i- ~~`„'~' . ~~, y8r
s ~ ~ -
r^ e+ \ -'
,!:;'[., - MAWNG ADDRESS: P.O. BO%9200 :.'Tq QRDEA CALL 764?379 H.~ OFFICE: 1705S~MAbT~ ~~ ~/ `.:r
"jj ;,`~. DFSNER. CC 802W OFFICE.TR-7058. ~ ~ DENVER,CO'h~i +Y,f, I .. S
...~ ~
v~~r ~5, ~ t!!
' tt~16°887 DATE t,3~/28/46 TICKEr PRINT TIME 15:v76 ~~ '-~' ~ ~1
.. ____.-__ - __ ___ LOA .
_ ' . H ! 050'1 IrJ. 8 H' AUE. , .. i cevc of entr 15it~NeJOe
i l
~EODL_3 METRO tIGNS P Order #:1~~95 Project #: 1
Requested Crder Start Time 1544 -'
s.ee I 10. m0 "I
P.O.NUMSER TAIMlCF ,?,~;'~:DNYEI
MATT. 309-i 134i' •44880
l~
Ira[-it PAYING DRItZ.ER,CASH*'~'*'~'x'
NO CHECKS!!! ?'.
tP HIGH COUNTtR`! AUTO BODY
A
~..'1 ~ 2A0 ..
/~~`~ `
SEGIN PO- UR h ?i. POUR
B. AfiFWE.PLANL .
~ ~~,..
'~- ,`~~~ CJOLL~'CI~D
3~~,~.3 `'~t
3 y?[ 73
,r,Quanf rvtu ru~c .-_
Product Price ~ ...,..
-Amount
{. 00 ~ " 1'
50
E .
~.. _
t ~- ~ }
v 'f
'
~
~•.-a..3k. is ~=:=a
._.-._{.,....J.._. ~
tf..
.. _-_-..
Sir, . ~~.
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Mix Number > ~ ~ ° -^' ~ Ix esc
5@-S-@8 ~, 3'SK 3/4" AIR
- Prndurt Code Lab . ..'~.;~~Product Name
k1; .
CCL 'CALCIUM CHLORIDE
h r`1 .
?~~I.
~ ,~ ~_
:~c"'.
.. ... t .v _ .. .- .:i
•i.
'_~~ ,
-
' 'G`I4LS~7LTRS:;fQr SILTTR
'~
GALSILTRS. for "YDSJIATF
CUSTOMER ISALLOWED ~ ~ MINIlrE
Damage Welver :~ Ce[~lon: Frashry mixed cement, mor-
or grout may cause akin
- tAr eonyre[e
h
M
i
l UNLOAD` ~
°'' "
9' ~>~;. ~;;' •.:'..,,"
w
ere
e cus
a
Our tldvars will make every ettoA to place mater ,
~ 1 ,
'
tamer designates. but Me Company assumes na rasponslhiliry for injUDf, Avoid contact wiM skln where A CHARGE OF S -PER MINL
' " '
damages inside of curb ar property line, or where our, tldver feels , ~
;
[o: :
d pdNlble and wash exposed skin areas
promptly wiM water If any cement mK- :JILL EE ADDED FOR EXC SS IME ~~w,,EEE
,,,Z:v,;
: y I
-
,~,~-
amage
, tune get into Me eye, rinse irhmedlata
r end
et
th
t
l
~ ~`~ '
~' - -~; _- ~
may occur. ~ " - g
wa
e
y wi
ty end ropeat ~ .
x
~
~ prwnpt medical attention. Keep out of t
4!
}
X
s Nre Raaeh of Chlldran.
' i' ~' ' .
-., L19'fOMER 51
.~- -'"~` '.rte'' ,X'-"~ ~+ '~' a t -•~4`
s-
~`-
-
'" TORE'
3 ~ ~`
,~
a,
,r
-;Lc
Y ~," i
~~
~
~
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: '°~`F ;' .-
`~:~'Afi
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-
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.
.
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.
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r-5
.vr -..
SUBTOTAL 333. 00 , r.`:.
TAX 12.7 :.; .;;.
...
GRAND TOTAL 4fi '
:lead M ~pnrJed. Cylkdars Taken
YE NO/ YES NO
~~ u .. .~,
? [
UNLOADING TIMEALLOWED.151 MINt7FE5CER YARD/MEr
rice ui cvreec is ct R I D ~'H~RGEJHE UNDERSIGD
LOAD OF
i TO ADD:
The City of
7500 WEST 28TH AVENUE WHEAT RIDGE,COLORAD080215 Wheat
Ridge
MEMORANDIIbI
TO: Sean Mc Cartney
FROM: John Eckert ~ •?///~
SUBJECT: Case#'s WA/96-11 & 12
DATE: April 17, 1996
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 local
requirements.
(303) 234-5900 ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 235.2949
BAOWNSTEIN HYATT FABBER & STRICI~.AND, P.C.
ATTORNEYS AT LAW
TWENTY-SECONO.FIOOR
410 SEVENTEENTH STREET
DEFVER, COLORdDO 80202-443P
1303) 534-6335
FAX (3031 623-1956
April 19, 1996
VIA HAND DELIVERY
Mr. Glen Gidley
Director of Planning & Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
WASHINGTON OFFICE
601 PENNSYLVANIA AVENUE. N.W.
SUITE 900
WASHINGTON~0.C. 20004
12021434B31~
FAX 12021 393-7864
Re: Variance Applications Filed by C&E Communications on March 29, 1996
ReQardin~ Billboard Sin Located at 10501 W. 48th Avenue North, Wheat Ridge
Dear Mr. Gidley:
Enclosed please find a certified property survey for the above-named billboazd structure
located in the City of Wheat Ridge. On behalf of our client, C&E Communications, Inc.
("C&E"), please accept this property survey as a formal supplement to the C&E Administrative
Process Application, filed on March 29, 1996, requesting a "minor variance" from the City of
Wheat Ridge under Section 26-6(D)(2)(a) of the Wheat Ridge Zoning Code regazding the above-
named billboazd structure. As you can see from the property survey, the survey supports the
Application submitted by C&E, and illustrates that the requested four foot variance from the
permitted setback under the Wheat Ridge ordinance should be granted.
We will contact you later today to discuss this matter further. Thank you for your
continued cooperation and assistance.
Very truly ours,
Co e Finegan
Christopher J. Melcher
CJM/PCF/jmm
Encls.
cc: Chris Carlile (w/encls.)
Sean McCartney (w/encls.)
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SENT.B~,BROIRNSTEIN HYATT
~ ,
4-19-96 1fi~41 BHF&S~CITY OF f9FIEAT RIDGE ;# 1! 3
BROWNISTffiN HYATT FAIts&R & SrR[cxLnnrn, P. C. '
ATTbRtVfiYS AT LAW
TWENTYv^ECONO FLOOq
410 SEVEf1iFPNTH S7gEET
DHNV~, COLORAl)D 88202-f~17T
TELEPHONE (3031 5348336
TEEECOPIER (303) Ba3-7968
FAX TRAiU MITTAL
Ta:
FROM:
DATE:
FAX
OPER TOR:
Gtenn Gidley
Chris Melcher, Esq.
April 19, 1996
z3a.s9z4
Mary Mahan
WE ARE SENDING YOU A~ PAGE TELEFAX {INCLUDING THIS COVER PAGE). IF
YOU DO NOT RECEIVE ALL OF THE PAGES OR ENCOUNTER ANY DIFFICULTY WITH
THE RECEIPT OF THIS TRANSMISSION, PLEASE CALL OUR OFFICE AT {303) 534
6335 IMMEDIATELY. THANK YOU.
Tha Information contained ih this facahrdle message ie attorney privila8ad end confidentlal irdarmaflan,
intended only for the use of the individual or ondty named above. If dw reader of this meesa8a is not the
Intended redpiam, you era hereby notinad that airy disseminadan, distdbudon or copy of this communicatron
ie stdetly prohibited. If yrou have reoaived this cemmunicedcn in mror, please immediately notify ue by
telephone and rahtrn the original message ro us at the above eddroee via dw U.S. postal Satvlce. TherYc yau.
SENT BY:BROf9NSTE[N HYATT 4-19-96 ; 16:11 ;
BEfr'&S-IC[TY OP YdHEAT R[DGE ;# 2/ 3
BaowNSxauv 13YATT FAx~ara & S~rtucxrarm, P.C.
.AT'rprtxE7LS .sue Lwrv
TWENTT-SECONb FLOOR
$ID SEVENTEENTH STgEET
nSPVYq, C07A/dADD 8000iL^4G0T
(a03) ~l~-0339
FIp% (303) 6a3-1956
April i9, 1996
VIA FACSIMILF, AND HAND DE~.JVERy
Mr. Glen Gidtey
Director of Planning & Development
City f Wheat Ridge
7500~est 29th Avenue
Whew. Ridge, Colorado 80215
Wa6HIryGTON OPPIGE
x01 PENNFVIN,WN wvcxUE, N.w
SU11a 900
WwLNINm"N, pq, SDOG
IlOal idl-93TJ
(Aa Iapsl3pyJBas
Re: Open Records Act Request for All Documents Pertaining to All Roadside
Dear Mt. Gidley:
Pursuant tv the Colorado Open Records Act, §§ 24-72 201 to. -206, 1013 C.R.S. (1988
8c 1995 Supp.), I am writing to request access, for inspection and copying, to all public records
of the City of Wheat Ridge (the "City"), its employees, agents, consultants, and attorneys,
relating to any roadside advertising device, billboard, and/or sign'loeated within the boundaries
of the City of Wheat Ridge. This request covers the period from January 1, 1981 to today's
date, and is intended tp include, but is not limited t0, the following documents:
1. All permits, applications, authorizations, approvals or denials of permits and
applica&ons, correspondence, facsimiles, telephone messages, or any other documents received
by or sent from Glen Gidley, Sean Mct':arp~ey, or any other employee of the City, which may
be related in any way to any roadside advertising device, billboard, and/or sign located within
the boundaries of the City,
2. All "Correction Notices," "Stop Work Orders," building permit approvals or
denials, building ar construction inspection reports or documents, correspondence, facsimiles,
telephone messages, ar any other documents received by ar sent from John Eckert, or any other
employee of the City, which may he related in any way to the construction methods,
construction practices, structural integrity, or concrete footing of any roadside advertising
device, billboard, and/or sign Iocated within the boundaries of the City;
I 3. All applications, statements, or documents related in any way to a request far
a varia~lce from the City's Zoning Code regarding a roadside advertising device, billboard,
SIIVT BY-BROiYNSTEIN HYATT ; 4-19-98 1642 ; 6i1F&S-~CITY OF 14HEAT RIDGE ;# 31 3
Mr. Glen Gid1Ey
April 19, 1996
Page 2
aad/or sign looted within the boundaries of the City, and all Pluming Division Staff Reports,
Board of Adjustment lbfmutes, board of Adjustment Decisions or Orders, and other documents
related to a variance application regarding a roadside advertising device, billboard, and/or sign
located within the boundaries of the City; and
4. All documents, of whatever type, which the City received from or sent to any
employee, agent or representative of the following companies and/or their related entities:
Outdoor Advertising, Gannett Systems, 3M Media, U.S. Outdoor Advertising, and any other
company or bttstiness organization primarily engaged in the business of roadside advertising
devi~, billboards, and/or signs.
This is a continuing request, and i hereby request that you continue to provide any and
all documents called for by this Open Reccuds Act Request on a regular basis.
Pnrsuant to Scotian 24-72-203(3), lOB C.R.S. (1988), I will contact you this afternoon
to set a date and time within the next three (3) working days, to begin no later than Tuesday
morning, Aprll 23, 1996, for inspection and copying of the public records requested herein.
Should you decide to withhold from inspection any public records requested herein,
Pie Proms me with a log describing any such records and your reasons for withholding such
records from inspection. Similarly, if you are aware of any documents or public records
contained herein that are no longer in the posses~on of the City for any reason, please provide
me with a log describing any such records and the reasons why such records are no longer in
the possession of the City.
Thank you for your attention to this matter.
Sincerely, !'~
~~
Gole Finegan
Christopher J. Melcher
CJM/CFijmm
_. s
BAOWNSTEIN HYATT FAE~BEH 8c STS.ICTtT Ate, PC•
ATTOBNEY5 AT LAW
TWENTY-S ECONO FLOOR
410 SEVENTEENTH STREET
DENVER, COLORADO 80202-4934
(3037 534-6335
FAX (3031 623-1956
April 19, 1996
VIA FACSIMILE AND HAND DELIVERY
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Mr. Glen Gidley
Director of Planning & Development
WASHINGTON OFFICE
601 PENNSYLVANIA AVENUE, N, W.
SUITE 900
WASHINGTON, 0.0. 200M
(2021434-8399
FAX 12 021 393-18 69
Re: Open Records Act Request for All Documents Pertaining to All Roadside
Advertisine Devices Billboards and/or Siens Located in the Citv of Wheat Ridge
Dear Mr. Gidley:
Pursuant to the Colorado Open Records Act, §§ 24-72-201 to -206, lOB C.R.S. (1988
& 1995 Supp.), I am writing to request access, for inspection and copying, to all public records
of the City of Wheat Ridge (the "City"), its employees, agents, consultants, and attorneys,
relating to any roadside advertising device, billboazd, and/or sign located within the boundaries
of the City of Wheat Ridge. This request covers the period from January 1, 1981 to today's
date, and is intended to include, but is not limited to, the following documents:
1. All permits, applications, authorizations, approvals or denials of permits and
applications, correspondence, facsimiles, telephone messages, or any other documents received
by or sent from Glen Gidley, Sean McCartney, or any other employee of the City, which may
be related in any way to any roadside advertising device, billboazd, and/or sign located within
the boundaries of the City;
2. All "Correction Notices," "Stop Work Orders," building permit approvals or
denials, building or construction inspection reports or documents, correspondence, facsimiles,
telephone messages, or any other documents received by or sent from john Eckert, or any other
employee of the City, which may be related in any way to the construction methods,
construction practices, structural integrity, or concrete footing of any roadside advertising
device, billboard, and/or sign located within the boundaries of the City;
3. All applications, statements, or documents related in any way to a request for
a variance from the City's Zoning Code regazding a roadside advertising device, billboazd,
Mr. Glen Gidley
April 19, 1996
Page 2
and/or sign located within the boundaries of the City, and all Planning Division Staff Reports,
Boazd of Adjustment Minutes, Boazd of Adjustment Decisions or Orders, and other documents
related to a variance application regazding a roadside advertising device, billboazd, and/or sign
located within the boundaries of the City; and
4. All documents, of whatever type, which the City received from or sent to any
employee, agent or representative of the following companies and/or their related entities:
Outdoor Advertising, Gannett Systems, 3M Media, U.S. Outdoor Advertising, and any other
company or business organization primarily engaged in the business of roadside advertising
devices, billboards, and/or signs.
This is a continuing request, and I hereby request that you continue to provide any and
all documents called for by this Open Records Act Request on a regular basis.
Pursuant to Section 24-72-203(3), lOB C.R.S. (1988), I will contact you this afternoon
to set a date and time within the next three (3) working days, to begin no later than Tuesday
morning, April 23, 1996, for inspection and copying of the public records requested herein.
Should you decide to withhold from inspection any public records requested herein,
please provide me with a log describing any such records and your reasons for withholding such
records from inspection. Similarly, if you aze awaze of any documents or public records
contained herein that are no longer in the possession of the City for any reason, please provide
me with a log describing any such records and the reasons why such records are no longer in
the possession of the City.
Thank you for your attention to this matter.
Sincerely,
Cole Finegan
Christopher J. Melcher
CJM/CF/jmm
BROWNSTEIN HYATT FA'H.BE$ & STRICKLAND, P.C.
ATTORNEYS AT LAW
TWENTY-SECONC FLOOR
410 SEVENTEENTH STREET
DEA'l'E8. COLOHADO 8 0 2 0 2-413]
1303) 534-6335
FAX (3031 623-1956
April 19, 1996
VIA HAND DELIVERY _
Mr. Glen Gidley
Director of Planning & Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
WASHINGTON OFFICE
601 PENNSYLVANIA AVENUE, N.W.
SII ITE 900
WASXINGTON. D.C. 20004
12021 43483]]
FAX 12021 393-]864
Re: Variance Applications Filed by C&E Communications, Inc. on March 29, 1996
Reeazding Billboard Sin Located at 10501 W. 48th Avenue North. Wheat Ridge
Dear Mr. Gidley:
Enclosed please find a certified letter from GRC Engineering, the engineering firm
familiaz with the billboazd erected by C&E Communications, Inc. ("C&E") on the above-named
property. The GRC Engineering firm, via this letter, has certified that the billboard structure
erected by C&E in February, 1996 was erected to comply with all applicable industry and
Uniform Building Code regulations and standards.
This letter, along with the attached notarized letter from the billboard contractor and the
construction concrete load tickets, satisfy the request made at our meeting on Mazch 26, 1996
with yourself and John Eckert, Wheat Ridge Chief Building Inspector, regarding the structural
integrity of the billboard and concrete footing. With this letter, we have satisfied all outstanding
requests from the City of Wheat Ridge with regazd to the concrete footing and structural
integrity of the billboard sign located at the above-named address, and hereby request
acknowledgment from the City of Wheat Ridge that this issue has been resolved to your
satisfaction.
Mr. Glen Gidley
April 19, 1996
Page 2
If you have any further questions with regazd to this issue, please feel free to contact
either of us at the above number. Thank you for your continued cooperation and assistance.
Very truly yours,
Cole Finegan
Christopher J. Melcher
CJM/PCF/jmm
Encls.
cc: Chris Cazlile (w/encls.)
John Eckert (w/encls.)
GRC Engineering, Inc.
10537 S. Kostner Avenue
Oak Lawn, Illinois 60453
(708) 424-9567
April 15, 1996
Glen Gidley _
Director of Planning and Development
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, Colorado 80215
Re: C & E Communications, Inc. Billboard Sign Located at
10501 West 48th Avenue North Wheat Ridge. Co]orado
Dear Mr. Gidley:
My company, GRC Engineering, provided certified engineering plans to T.-Co., a
billboazd sign manufacturer, for the abovedescribed single-pole billboazd sign structure (14' x
48' sign size) which was sold to C&E Communications 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, certified as true by the construction
contractor (Metro Sign Co.) in the form of a notarized sworn letter (attached as Exhibit 1),
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 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 footing to secure the sign column, in full
accordance with applicable industry codes and the Uniform Building Code,
utilizing the abovedescribed excavated hole and concrete with a strength of 2500
lbs., a slump of 5", and calcium chloride to ensure accelerated curing of the
footing prior to loadbearing.
Glen Gidley
April I5, 1996
Page Two
In addition to the foregoing information, I have been provided with and have examined
true and correct copies of the original concrete load tickets certifying the type, amount, and
characteristics of the concrete used by the sign contractor in constructing the concrete footing
that secures the abovedescribed billboard sign (attached as Exhibit 2).
Based on the foregoing information provided to me, and based on the engineering
calculations and plans prepared by my firm for the manufacture and erection of the abovenamed
sign structure, I hereby certify that the abovenamed billboard sign structure has been installed
and erected in conformance with 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 on the sworn information provided to me and the true copies of the concrete load
tickets, the abovenamed billboard sign structure and the concrete footing have been installed to
operate in a completely safe and structurally sound manner.
Sincerely,
~/2. ~~~
G. R. Carstens
President
Seal:
~~~~ pAASTFy.,
'~ 14278
Nj, ;~`s
~9~•;r!pNAL~i
~~~.. of COl
Metro Sign Service
P.O. Box 1024b
Glendale, Arizona 85318
(b02) Sd4-7705
April 1, 1996
Glen Gidlev, Director
Depanment of Planning and Development
7500 West 29th Avenue
Wheat Ridge, Colorado 8003
Re: Billbourd Sign Located at 10501 T~'. 48th Avenue Nvnh,
Wheat Ridge, Colorado
Dear Mr. Gidley:
As you know, my company and T installed asingle-pole billboard sign structure for your
company, C&E Communications, on or about February 27 and 28, 1996, nn the Property located
at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. Cur installation, vvhich t Personally
supervised, took place over the course of approximately twenty-four (24) hours.
I hereby attest that the following information is true and correct to my knowledge
regarding the installation and erection of the above-referenced sign:
(i) a hole was excavated on the property for the purpose of securing the billboard
sign column; the hole was I7'b" deep, and had a diameter of S';
(ii) the soil at the location of the excavation was frrm, 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 final height of the sign, measured from ground level to the top of the sign
structure, is 53.4'; the Ii.A.G.L. for the structure is 35.9'; and
(v) a sign footing was constructed to secure the sign column, in accordance with
Uniform Building Code and, industry standards, and with the above-described
excavated hole,~which utilized concrete with a strength of 25001bs., and a slump
of S".
Glen Gidley, Director
April 1, 1996
Page 2
i hereby certify that, in my profcssianal opinion as an experienced attd 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 anti the use of special fast-drying cement in the installation of
the sign, satisfied and complied with all applicable industry standards and the U~tiform Building
Code regarding such construction,
Sincerely,
Matt Yob
President
STATE OF ARIZONA )
~~ ) ss.
COUr-PTY OF ~/,~~A~-,n„2- )
SUBSCRIBED AND SWORN T4 before Ine this ~~ clay of April 1996, by Matt Yoh.
Witness my official hand and seal.
My commission expires: // ~~~~f'G
iSEAt-j
NOTARY PUBLIC
a~otivs
CS7~32U
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~~ .' AI/JUNG ADDRESS PD. BOX 9200. \ •~: TO pAOFA CTL' T44-9]a OFFlCE t7a S ACOlU ST ~-, « _
pE4VFA. 00110223
~..~, ,,,,: Cii:CO 00209 ~ OF'YE.77T-3rS0 ~+' .. FT, * / -KV~'
_ -r"k. ~`.... tea.. ~ i..~. ~a "C~, .- JJSS_`` v.av ..~ '--T•3.Z`•-}3
~ ~~ 69880 Y .~'O_ATEO~I.~~~~'TICXETPRINT71tlE I4i`3~ LAD i ~.r M ~ '
~Tkmt 3 ,JJ .~, '"t. ~ nP ~. ~,r w
mere: ~ ~ '.. s 1501" W. 4$TEi' VE. __ 14°t33•-_._`.._ .
ODG3 MET~20 'SIGNS `c " p. Order x:0045 Project ~: 1 > ' , ;~ ,~ ~ r~ t_1" ~ •~;;
. ~ r~ (~ ,~, T Re9uested Order Start Time ~~¢ - BEGIN POUR I +r PnuR
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o ~, c. •. •;p ~:~ " eouested SDac(na 000 NE ` ~ _, ~- LE.cvEaoE . PiANT
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5: 0@' ?•3:Q(@", 10.00 5.0 ` -REGGITM~ r(ES -
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" PO. NlIMBETA. '.i7pt1CKJ a «+ cbP11YFA 9 .,,
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' IAATT 3Qt9'-.1 aA3b9 t,;''45J,29 701 .1 .~ ,•,.:s,..
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. n' t
t+ HIGF{.,CDUPITRY "AI.iTO EDDY ~' ~~ ,,. ~~1
' uc nca ~.::. aunt::.; .,:.r
Mix umoer •`.~:$:,rL~KL'~':8-'. :. a escaouon ._ ~ ~" :,'~:'.. ..
,,y. _ _..63.50 32 Z: 30
15@-$-~8 ' ;,:.:.I :.~..... 5'.~5K 3 / 4" a I R = :~k~: : ' -_ • n. Arrtount ,~: _::r.
Product Codei ,~:= '- uct.Name { r• ;' Quan !~'-Product Price - • ,. _, <. • ;;-'J~-. 11' •
y _ ~ ... ~ f . ~ . t ,'i 't90
~+ '~~~,~. ~ ~' LC IU~k}Iy CHL.DRID '• ~ S. @@. '~ 5.0 ,' ,~. ~ ~..,- -~
CC 1 r Y '1 0. i }rd~~• 1 ~ ' f ` l rvf ~U •d .. Jj . t ' ~.. ~ >I r 'iF
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t '`: ~' ,t ~',,t~'.,.- SUBTOTAL - 3,3 _
- TAX -r: 4_x 12a'~,3 r;.
~ GRAND TOTAL ~~ x:347:; 73
l.aaO lny»tietl Cylinders Taken ~ -~ -
... YESI NO ~ YES i NO
AE %• ' Stump"' ":= ~~:i ":
• ~., :.
UNLOADING TIME ALLOWED IS 70 MINUTES PER YARD/METE
TIME IN EXCESS !5 SUBJECT TO CHARGE THE UNDERSIGN(
AS PURCHASER OR HIS AUTHORIZED REPRESENTA71'
RECEIPTS FOR "'t'Hl8 LOAD 'OF CONCRETE ANO H.
INSTRUCTED TH~ tNRIVEA TO ADO: T~~.~"~~~ ~' , 7
(3ALSIL7AS. for ~-==~ YOSJhiTRS
...~~ `
• Gp(SRTRS. for' ~ ~• YDSJMTR`
CUSTOMER IS ALLOWED 't '~ MINUTES
-~-• Gutlan: Frostily mixed cement. mor• • ' • ~ ; `'.
Damage Waiver UNLOAD -, •~ ;,,_,•,+ti'' ~;. ,
-y''K-•'
Dur dnvers will make every effort to place meteHal where the cus• ~ conA~o d contact with s~W"a where A CHARGE OF 5 .--~-- '~ PEA MIND
tamer cesgnates. but the Company asaumea na raspanalblllry for ~ple and wesA exposed ckin areas _
damages inside al curb or prapeny Ilne. oryvF~nFre cur dnveF fe 11Je I ~ pdy wnh w~fipc ll arry cement mix- Wll.h BE ADDED FOR EXCESSII 5E I'
',
damage tc: - r7r "~ ~ ~ ~ tutaa gat mta.fhe eya. rinse immetllate- tea-
r., lyf'~[d repeatty jwith water and ge t..,;
may occur:-- . ' .. ~ .:... - ^ prompt meatea!'lttention. Keap out ot. .. ,.. . '.:.> ,'. .~ .
r.: ~ .-.. ... .
Raaah of Cnltdnn. ',. ~( '
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BBOWNSTEIN HYATT FABER 8e STKICgI:AND, P.C.
ATTOItNLTYS AT LAW
TWENTY-6 EGOND FLOOR
410 SEVENTEENTH STREET
DENVEE, COLOEADO 80202~a43]
1303) 534-6335
FAX (3031 623-1956
April 23, 1996
VIA HAND DELIVERY
Mr. Glen Gidley
Director of Planning & Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
WASHINGTON OFFICE
601 PENNSYLVANIA AVENUE, N.W.
SII ITE 900
WASXINGTON~ p.C. 20004
12 0 21 43483])
FAX 12021 393-]864
Re: Variance Applications, Case Nos. WA-96-11 and WA-96-12, Filed by C&E
Communications for Board of Adjustment Hearing. April 25. 1996
Dear Mr. Gidley:
As per Sean McCartney's request, enclosed please fmd a copy of the deed to the properly
involved in the above-named Variance Applications, as well as a signed power of attorney from
the Applicant, C&E Communications, Inc. ("C&E") authorizing the undersigned to represent
and speak for the Applicant at the City of Wheat Ridge Board of Adjustment Hearing on April
25, 1996. On behalf of C&E, please accept the deed and the power of attorney as formal
supplements to the above-named Variance Applications.
Thank you for your continued assistance.
Very truly yours,
Cole Finegan
Christopher J. Melcher
CJM/PCF/jmm
Encls.
cc: Chris Carlile (w/encls.)
Sean McCartney (w/encls.)
Chris Cazlile, President
C & E COMMUNICATIONS, INC.
4926 SW Corbett, Suite 205
Portland, Orgeon 97201
April 18, 1996
Cole Finegan, Esq.
Christopher J. Melcher, Esq.
Browstein Hyatt Farber & Strickland, P.C.
410 17th Street, 22nd Floor
Denver, Colorado 80202-4437
Re: Billboard sign located at 10501 W. 48th Avenue Noah,
Wheat Ridge, Colorado
Deaz Messrs. Finegan and Melcher:
I hereby provide you with Power of Attorney to represent C&E Communications, Inc.
("C&E") in all matters affecting the two (2) Variance Applications filed by CBcE on Mazch 29,
1996 with the City of Wheat Ridge regazding the above-named billboard sign, owned by our
company. You are hereby authorized to represent C&E at the April 25, 1996 Wheat Ridge
Boazd of Adjustments Hearing on the C&E Variance Applications seeking: (i) a variance of four
(4) feet regazding the setback of the sign from the property line, and (ii) a variance of twenty-
two (22) feet regarding the height of the sign. _
r5incere~, /~
Chris Cap
President
STATE OF COLORADO
COUNTY OF DENVER
ss.
SUBSCRIBED AND SWORN TO before me this ~Q' day of April 1996, by Chris
Cazlile.
Witness my official hand and seal.
expires: ll/t rl
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TWENTY-SECOND FLOOR
410 SEVENTEENTH STREET
DE~'VER. COLORADO 8 0 20 2-44 37
(303)534-6335
FAx 13031 623-1956
April 24, 1996.
VIA FACSIMILE AND HAND DELIVERY
Mr. Glen Gidley
Director 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 Nos. WA-96-11 and WA-96-12.
Dear Mr. Gidley and Mr. Eckert:
W GSNINGTON OFFICE
601 VENNSTIVYWP svEN V E. N w
SUITE 900
WPSHINGTON, O.C. 2pGM
12021434-63]]
P4X 12021 383-)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 regarding the C&E Communications, Inc. ("C&E") billboard 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 billboard: (i) would not be raised at the April 25, 1996 Wheat Ridge Board of
Adjustment Hearing (the "Hearing") regarding the above-named Variance Applications; (ii) that
the City would make a statement that ~&E had satisfied all requests of the City with regard to
the billboard'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.
APP.LICANT'S
EXHIBIT
Mr. Glen Gidley and
Mr. John Eckert
April 24, 1996
Page 2
If you have any questions with regard 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 Carlile
Gerald E. Dahl, Esq. (via facsimile_298-0215)
Attorney for the City of
Wheat Ridge
Daniel R. Dearing
HIGH COUNTRY AUTO BODY
10501 W. 48th Avenue
Wheat Ridge, Colorado 80033
April 25, 1996
Chris Carlile, President
C &B Communications, Inc.
4926 SW Corbett, Suite 205
Portland, Oregon 97201
Re: Billboard Sign located at 10501 W. 48th Avenue, Wheat Ridge, Colorado,
Variance Applications with City of Wheat Ridge,
Case Nos. WA-96-11 and WA-96-12
Dear Mr. Carlile:
I hereby provide you, Chris Carlile, President of C & E Communications, Inc., with
Power of Attorney to present my views at the April 25, 1996 Wheat Ridge Board of Adjustment
Hearing with regard to the above-referenced Variance Applications. You or your representatives
are hereby authorized to state at the April 25, 1996 Board of Adjustment Hearing that I am in
full support of the Variance Application regarding the setback of the sign, as well as in full
support of the Variance Application for additional height as requested in the height variance.
Both variances would greatly enhance the use of my property and would be consistent with the
general character of the neighborhood. Neither variance would in any way be injurious to the
aesthetics of the locality, the property values in the neighborhood, or the public health, safety,
and welfare.
Sincerely,
~~~.~~
Daniel R. Dearing
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON
SUBSCRIBED AND SWORN TO before me this a~.~`day of April 1996, by Daniel R.
Dearing.
cial hand and seal.
expires: ~i//9~
CITY OF WHEAT RIDGE .y~~~~~~~
PLANNING DIVISION STAFF REPORT 7r/
TO: Board of .Adjustment /~'A y Z ~ ~ '
DATE OF .MEETING: April 25, 1996 DATE PREPARED:April 17,1596
CASE NO. & NAME: WA-96-12 / C and E CA5E MANAGER:Sean McCartney
Communications
"LI. N~ ~ TEED • An_application b C and_ E Communications for the
approval o a -: `_varria,~zce -_ ` ~~' _b%l~'boarig~FiE
OF REQUEST: -6f I-70 Frontage Road, North
NAME & ADDRESS OF I_CT (S) n --E-Communications
4926 SW Corbett, #205
Portland, Oregon 97201
NAME & ADDRESS OF~(SS') e ~ITearing_:=
10501 I-"7`OLL"F'rontage Road, North -
Wheat Ridge, Colo. 80033
APPROXIMATE AREA: 50,939 square feet
PRESENT 1 G: -==anise _ "°du~E~ia----evelopment
T7`QF. .._ .~__ _.-
PRESENT _~_.~ LhCO~i. -.=_--t1~ __
SURROUNDING ZONING: W:Planned Industrial Development,E:Commercial-Orie;
N: and S: Agricultural-One
SURROUNDING LAND USE: W: Warehouse, E: ~ e~~
N: and ~: Interstate Highway 70
DATE PUBLISHED: April 11, 1996-
DATE POSTED: April 11, 1996 _-
DATED LEGAL NOTICES SENT: April 11, 1996 -
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRID
RELATED CORRESPONDENCE: ( ) ( ) NONE
-------- - .. CO -_
( ) COMPREHENSIVE PLAN _ ._'4`R~5-CAS __ __.- RIALS
- RII E (_I"'"•~XFiTB~TS
( ) SUBDIVISION REGULATIONS icrn o e
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.
Board of Adjustment Staff Report
Case No. WA-96-12
A~ya.t~,~.~'
Q '
Page 2
~ REQIIEST ~ ' A
~`~` The applicant is g an approval for a~`7r-.~~~_y-~~ variance to the
32' billboard maximum height requirement, as discussed in section 26-412
of the Wheat Ridge Zoning Ordinance; specifications and regulations of
Billboards (copy attached) . ~ =of-this--~eques _- woulc~_ allow -Eor
`~aP-~Y ~~~~4az~~ remain. at-,i.t! s-_cuuent- -height-; -
The i~an't applied for and ultimately _ _ ,d approval of a lain,
oN ~
i~ to allow the construction of a billb~oarfl at 10501 I--70 Frontage
Road North. _ The permit was approved subject to the following
x
~± Approval of permit is subject ,to .the proof of .ownership and
.Ii demolition of a billboard in the B-1 district (Billboard
overlay zone in the City of Wheat Ridge).
3t/ Approval. is also subject .to standards set forth under Section
~~ 26-412 of-the-Wheat Ridge Zoning Ordinance (see. attached).,.:,
The permit was approved er-, ~ 2 days rior ..to the_
-z 9 ~_;
relocation deadline established in section 26-412(b)(4).- =--pp__icant_
Building Inspector John Eckert was asked to go and inspect the.l~ci,gi~..ri~
.rise billboard, located at 10501 I-70 Frontage Road North, by Planning
Director Glen. Gidley. A - ~n w r~ -order mmec~atel ~OZ~o ed the
9 x _?~
inspection, and a survey team was assigned to verify the billboard
height. The survey indicated that the = =__a, ~-y_~e
22. REGIILATION
Prior to December 29, 1995, billboard structures were allowed in two (2)
billboard districts: B-1 and B-2. Section 26-412(c)(1) of the
Billboard regulations states that "... Asa-',n- billboards~:ocated in
~. -- ----
the district may be relocated ~ the = district regardless of
maximum number" "...by January 1~9~". eo 26~g~2.(h~,=~4~~$~c_tion_26-
412 (c) (4) states ~a um_m_ ieight---shall-be--thirty two- (32)-f-eet° -(_see
attached).
ITE~2IA
Staff has the following comments regarding the criteria to evaluate an
application for an adjustment:
1. Can the property in question yield a ___-STe =sa£_urn 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?
In the area surrounding this billboard, there are severaL-
billboards which comply with the 32' height requirement. The property
has -a valid, successful business which is currently yielding a
reasonable return on the property, without the billboard lease.
2. Is the plight of the owner do to =e,~~rcums~ances~?
There aren't any unique circumstances that can be applied to this
case. The property to west (VOlant) has a 32' freestanding sign-that is
located 10' from the front property line. The applicant's billboard, if
permitted, is located 45'' frbcri"the front property line. --Therefore, a
32' billboard, built to compliance, would not visually impact the
existing\ign to the west`(VOlant).
~-~~
3. If the variation were granted, would it r the essential
.. e...o _i_y.. - A :_ ~ i -
Not as a single tall billboard;~~however; if other billboard owners
want a similar height, the combination of tall billboards will change
the character of this locality. _ s een abnroac P~c-hv rwn nrhar
- --- -
~~~ ~.-~ approved =., .j
4. Would the particular physical surrounding, shape or topographical
condition of the specific property involved result in a particular
-" (upon the .owner) as distinguished from a mere
inconvenience if the strict letter of the regulations were carried
out?
~o. The property is approximately at grade level with the interstate
highway 70. There isn't any topographical need for this billboard to be
erected-any higher than the maximum 32'.
5. Would the conditions upon which the petition for a variation is
based be caZil"e, generally, o ____e"h~""~__'~_ er.=prop~rty~within the
same zoning classification?
As the billboard regulation reads, the maximum billboard height is
32'. The 32'_maximum height requirement is consistent for all zone
districts that allow billboards in the B-2 zone (C-1, C-2, and Z). As
indicated in No. 3 above, other billboard owners along this stretch of
highway have expressed a desire for similar treatment.
6. Is these of the variation based exclusively upon a_,-~s=rre=~_'o_
_.-_ ney~-out of the property?
A request for a yl' billboard height variance. is based solely upon
9
__ ___
~C.2. /j;„~tira~~ iii -~a ~~ rti~~,re w~'- ~~-r~c~v~-- ~-c~e-~- _ __ __
~~~ - a desire t- ~o~make mo~, aye applicanJ~ve~~ 32 Y billbo~wo d
be obstructed from view by the surrounding developments.
r"G{"'-R~9~.~`~C-t~t'e"z- /~~'`''~ ~~. ~M'~°. ~--i ~ zuz--z~` ~/ - P~m.6r~~~~''~`-~` ,
the a 'leged 'difficulty or _==p een creat_d by an pe son
presently having an interest in the property?
The hardship of this variance was specifically -im~o~ec~,; If
the applicant has followed the specifications highlighted orr the
building permit (32' maximum height; 50' setback), no hardship would
have existed.
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?
It'i*'~ ible that the billboard foundation may fail in high wind load
conditions. engineering specifications submitted with it
application relate 2' high billboard, o e sufficient
for a 54' billboard. e construction methods are
questionable, as the bill was rected within 12 hours of
pouring of the c e. We have asked t licant too supply
engineering c ication to the design modification onstruction
methods ever these certifications have not been provided this
(see attached memo from John Eckert, Chief Building Inspector .
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?
The proposed billboard would not impair the supply of light or air to
adjacent properties, nor would it increase congestions „~~_
IV _~ _,CL_,
n
'f ~(~,/~. sed upon the fin
' ~ in no.s 1-9 above,
or unusual
s.
zgs and conclusions regarding the criteria as stated
taff concludes that_the criteria do not support the
In particular, we are concerned that there are no
~cumstances, or particular physical conditions which
Based upon these
findings and conclusions, staff recommends DENIAL.
T,~LIMR a
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The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 ~7Vheat
. Ridge
T0: Sean Mc Cartney
FROM: John Eckert ~ o~/mod`
SUBJECT: CASE#'s WA 96-11 & 12
DATE: April 17, 1996
On February 22, 199b-=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 ddncrete sections.. of
the Uniform Building Code, and it is my opinion that Section 2606
indicates that the concrete may not meet the specified local
requirements.
(303) 284-5900 ~ ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 2352949
~" DEPARTMENT OF PLANNING AND DEVELOPMENT
BUILDING INSPECTION DIVISION - 235-2855
CITY OF WHEAT RIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
~" ~ Property Owner:
Building Permit Number : 2449
Date : 12!29/95
Property Address : 10501 I-70 FRONTAGE RD N Phone
Contractor License No.
AyE ~ Company : Phone
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this permit appliwfion are acwrata.
and do not violate applipble ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restridions of record; thaLall measurements shown, and allegations
made are accurate: that I have read and agree t6abide by all conditions printed on this
application, and that t assume full responslb77'IIrrttyyfnr compliance w@h the Wheat Ridge Bu7ding
Code (U.B.C.) and all other applicable Wh~t'riidge ordinances, for work under th/is permR
(OWNER)(CONTRACTOR)SIGNED //~~ -- DATE
__ . ,
Description : BILLBOARD 14' X 48' 32' BILLBOARD
Construction Value : $25,000.00
Permit Fee : $252.00
Plan Review Fee : $0.00
Use Tax
3 .
Totals $~
~~ ~1
50' SETBACK SOUTH, 5' SETBACK WEST
BUILDING DEPARTMENT USE ONLY
Approval: GG 12!29195
Zoning : PID
Approval
Approval:
Occupancy : Walls
APPROVED PURSUANT TO WHEAT RIDGE CODE SECTION.. 2612
APPROXEMATELY 7701 W 44TH AVE ILLBOARD LOCATED AT
"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:
(7) This perms was Issued in acCOfdance with the pmvisioru sat forty in yopur apolption end is sugeU to dte laws of the Sute of Colorado end to the Zoning
Regulations antl Building Code d Wheat Ridge, Coorado or any other applimUle ordinarrces of the City.
(2) This pertnrt shall expire if (A) Vre work authorized u not commenced whin sixty (60) days horn ~uue date a (8) are buiWing audia¢etl is suspended or
abantlonad for a perbd Of 720 days. no Congas rove peen or gall be node in the
(3) If this permit expires. a new permT may lb acquired for a fee of one-IUH 1M amount nonnaW reCuired. Provided
odgmai plans and speafimtans and arty suspension or abandonment nos mt exceeded one (1) Year. II changes are matle or d susperuwn or abandonment
exceeds one (1) Year lull fees anal! be paid for a new permit.
(4) No work of arty manner shall be done that wdl change the naWral fkzx or water raus'rtp a drainage pmblern.
(5) contractor shall noahj the Building InspeUw lwenly-four (2I) hours in advance for ell inspecLOni and shall recerva wntlen approval m insQection ord oelura
Ilrw V/fdl s11NCda1Ve pnaees a the
(6) a issues of a permit a the approval tlrawirgs and spedficatiwu shag conalnred to ba a pemN fa, nor an approval of, any vidatan of the pmviswns
of bra Da i cod or arty otlxr online .law, rule or regulation.
Chief ullding Inspector
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR
CALL: 234-5933 24 HOURS PRIOR TO INSPECTION
yn ;r J
BROWi`7STEI\ HYATT FaxBEx & ST1?ICKLA-YD, P.C.
Cole Finegan
ATTOE2NEYS AT LA~v
TWENTY-SECOND FLOOR
410 SEVENTEENTH STREET
DSWRR, COLOIL4D0 BOE02W-23>
f303) 535-6335
FA% f3031 623-1956
Mazch 29, 1996
VIA FACSIl~4II,E AND HAND-pELIVERY
Glen Gidley, Director
Department of Planning and Development
7500 West 29th Avenue
Wheat Ridge, Colorado 8003
Dear Mr. Gidley:
W45HINGTON OFFICE
601 PEN NSYLVANI4 AVENV E. N.W.
SUITE 900
WASNINGTON~ D. C. 20009
12021 a3a-63>l
FqX 12021 383~TB69
On behalf of our client, C & E Communi,;ztions, Inc., enclosed is an Administrative
Process Application for a variance from the City of Wheat Ridge, pursuant to Section 26-
6(D)(2)(b) of the Wheat Ridge Zoning Code (the "Application"). The variance requested
pursuant to this Application relates to a billboard sign erected on the property located at 10501
West 48th Avenue North, and requests an increase in the permitted billboard height at that
location from the 32 feet permitted under the ordinance to 54 feet.
It is our understanding that the Application will be considered at the next meeting of the
Department of Planning and Development on April 25, 1996. Please notify me as to the time
of the meeting so that my client and I may be present to respond to any questions regarding this
Application and to present the reasons that the Application should be granted.
Sincerely,
BROWNSTEIN HYATT FARBER & STRICKLAND, P. C.
r
ole Finegan7~
CPF/jmm IJJJ
Encl. - -
cc: -Chris Cazlile ~ o
Christopher Melcher, Esq. _
Jerry Buckley, Esq. ~~
CNfi320 Z iF
DN-156637.1
STATEMENT OF C&E COMMUNICATIONS, INC. IN SUPPORT OF
ADMINISTRATIVE PROCESS APPLICATION REQUESTING "SIGN
HEIGHT" VARTA.rICE FROM rTTX OF WHEAT RIDGE ZONL G ORDINANCE.
~S
J
~~~ '~
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L,
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 "sign height"
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. ~e 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 the
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. ~a~bllhaara-smn _-~ - -- _ - - - -------
SYa~f'I?f'tP(~~11(t Cnn cf n~rtari in fn 11 ......,..f. ~:.~'-:f--it' ~_=i:_=ii:
~+rr ~-~ "~~u A,l•y ssartgaros reQ_r~g~~~h:-tructuies (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 Re~lydin Heioht of $illboard i n Structure
The City of Wheat Ridge regulates the placement and construction of outdoor advertising
devices, commonly referred to as "bi]lboard signs", pursuant to the.Sign Code in Chapter 26,
Article IV, of the Wheat Ridge Zoning Code. Wheat Ridge Zoning Code, Sec. 26-401, etet seo.
Pursuant to Sec. 26-412, the City of Wheat Ridge is divided into two separate billboard districts
-- B-I 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, and is approximately fifty-three (53) feet in height.
Under the Wheat Ridge Sign Code, certain billboard signs located in the B-2 District are
limited to a maximum height-of thirty-two (32) feet. Sec. 26-412(c)(4). - vever,._ t oar
~~~
Sd~
Similarly, the Wheat Ridge Sign Code provides generally that any _- "'
~IgR-rStruc ure (which describes C&E's billboard .sign) that is oca m a
----~-
"nonresiden rnct t~s permitted to have a _ _ __~_„hht`~f pp cb~"fif~(5~~eef~ig '
r_i` umstances. Sec. 26-410(E)(1). The _ _ t~rr~ pr ~sions~ilustrate thatthere-
_,_~; It the Wheat Ridge Zoning Code regarding which height restriction, among
the many t a are available for signs located in the Wheat Ridge B-2 District, will apply for a
billboard sign structure erected on the property at 10501 W. 48th Avenue North.
Prior to construction and installation of the billboard sign structure by the Applicant on
the property, the Applicant was issued a building permit from the Department of Planning and
Development for the City of Wheat Ridge, Permit No. 2449, on December 29, 1995.
Applicant's Permit provided that the billboard would be a "billboard 14'X 48' 32' billboard."
(Exhibit D). ~~nittg~lesigrrariatrfor~-prop~rty~paii whYCh~lie hillbo~rd s bn-was-located
~(J'" _ ~_ billboar srmn structure would 6e fhe sarnea~~hat-gm~erning othErstmctures in
r ~ ° ---
p~ scant undei•~t6o~i ~tha e rty,o eat _~e_preferre that t e_ i oaz sign.
e-construe ~ have a _ erg_ t o _irty two [r32~fee~ However, the Applicant later became
~ aware of facts which led it to believe that both the property owner as well as adjacent property
owners w~ogul~d benefit if the billboard sign were constructed at a greater' height
~~~~`nP~P~'gbven+i++gRi~Appttcant's rights to en er e property and erect a billboard
structure stated that the must no' [less [flan 1=8'~"i~ai ihe_lowes[-point~Fte single:pale~."
See The Lease, Par. 3. "Use Limitation/Reservation." (Exhrbrt B). Shortly prior to construction
of the billboard sign structure, 'the Leant o serve~at tfie aajotmng Property owner_
-may-- mod. _the_praperLy~o had a_billboard_sgn~T~c _ re-fri erected The adloming
property owner's sign was erected at a height of thirty-two (32) feet ,rcanro- s~'U erved tfiat
- -"
~l~e-adlnirring-property o~rre5'`s srgri-vT~ _ `~e_entirel-y-blocked-_from the Line of sir of-west=
i~urrd ffi`~by [h~+pp leant s-srgn_t it was_ere~t-_ at 32 e~e_t Applicant observed that the
adjoining property owner's sign would be significantly more visible if the Applicant erected its
billboard structure to a height at or_above fifty (50) feet.
Given the fact that the Lessor property owner and the neighboring property owner would
both benefit by the billboard sign structure being erected at a height of fifty (50) feet, and.~ven_
- eve ogments_-' (For example, a billboard sign structure erected in Wheat Ridge B-2
District is governed by the "Front Yard Setback" set forth in the Planning Industrial
Development and Light Industrial Zone District R~afions. Compare sec. 26-25(IV)(B)(3)(d)
with sec. 26-24(H)(5) J - z. ~. _._ea ___ ge_ _ ~ n~C _-ode govemrr~lanne~. `In`dustrial
The billboard sign structure as constructed is presently approximately fifty-three (53) feet
in height. The Applicant hereby seeks a variance from the Wheat Ridge Zoning Code to allow
the present billboard sign structure located at 10501 W. 48th Avenue North to be constructed
at a height of approximately fifty-three feet, the current height of the sign structure. 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 ection 26-6(D)(2)(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:
Can the orooerty in question yield a ble-return~~ use service of income
if permitted to be used only under the conditions allowed by regulation for the
District in which it is Ipcated~
The billboard sign structure as constructed can only be lowered to a height_of t~hirt~-tw..o
feet above ground level at great expense and hardship to the Applicant. Thep ican'~ is abi]it~
_ _ - w.Q,~i~),~[. Applicant believes that the current height of the billboard sign structure
as constructed (approximately fifty-three (53) feet high) will benefit the property owner, and
adjoining property owners, if allowed to remain at its current height. Additionally, because the
billboard sign structure is erected on property that is located in a heavily developed commercial
and industrial district, and the sign is only visible to traffic passing on Interstate 70 Highway
directly South of the property, that there will be no hartn to any concerned parties if the sign
is allowed to continue at its present height.
2. Is the plight of the owner duet >>e-sir ~rrictan~P~
The plight of the Applicant is due to the unique circumstan_e that the adjoinin~ro ert
owneYhas a sign. located on its property of exact y thirt~'~ y-two (32) feet in heigh" [ e sanfi ie height
that the Wheat Rid e Zoning Code would require the Applicant to erect his
11 bQLn_pe Slg 4i~' uag~a~w v~.~..•~•• ••• 1_ -----
aLTTerenr ultcx.uQri~o`IET~"A variance for the Applicant to allow the sign to be
erected at its present height will benefit both the Applicant and the adjoining property owner in
that the line of sight for both signs will be protected.
3. If the vanatton were eranted would it alter th T_ c aracter of the locality`?
The variance, if granted, would not alter the essential character of the locality because
the property on which the`"'.billboard sign structure is located is a Planned Industrial Development
area. The majority of the property in the loca}ity of the billboard sign structure contain
commercial and industrial developments, to include warehouses and manufacturing plants. A
billboard sign structure will not affect the character or aesthetic beauty of a commercial and
industrial development area, regardless of whether the sign is thirty-two (32) feet high or fifty
(50) feet high.
4.
carried out?
The physical surroundings of the property will result in a hardship
if the strict letter of the zoning height regulations are enforced,_.-
s
structure,.
the Applicant
the
to
to ~ppucam auu uic ~~~~~~~, ~„b_r-..,, -,~=--_--- -- ----:-
t r3es, to that each sign will block the other from the line of stght of one direction o crave .
This hardship will be entirely avoided if the present Application is granted and the Applicant is
allowed a variance to continue wit}t the billboard sign's present height as constructed.
5.
The conditions upon which this Application for a variance is based are generally
applicab]e to all other property within the Planned Industrial Development zoning classification.
Any property owner located within the Planned Industrial Development may apply to the City
of Wheat Ridge for a variance allowing them to construct a billboard sign structure at a he1~sl~
greater than thirty-two (32) feet. However, ate __la p-lrcariorr~rasmri~~ ltq ~'ci`~-_-_--
which argue especially
Applicant.
6. is the purpose of the variation based exclusively upon a desire to make money out
of the pro e~rty_~.
The purpose of the Application for a variance is _ u` non the~c estre_toav_o _srgnifcant
s ip-.--and~ss - -inc~~o the Applicant. The Applicant is a busrn~S
advertising on btu o~ign structures.
7. Has the alleged difficulty o cit been-~any verson ~resen by avin~
an interest in the property?"'-
The liCatrt-e~ected the billboard sign structure at a height in excess of the billboard
cfrgefrt_ he owner of the property upon which the sign is erected, all adjoining property
owners, as well as the Applicant. Th _ ica_nt id- nott create the hardshi -resulting from the
billboard sign structure exceeding the height mgu 3t,on.str ,ntent to fiarm ozh~r ptop`~rty
not been any liar sup cr ~ out uence the outcome of this proposal.
8.
The grant of the Application for this variance
P~d`,_ -stcucrnre_as'located.-zThe additional height of the billboard sign structure as
presently constructed does not impede the visibility, air or light, or other property rights of any
adjoining property owner. furthermore, as set forth in statements by the billboard sign
manufacturer, the billboard sign engineer, and the construction contractor who erected the sign,
the -- oar r uc ce erected by the Applicant s- eeii erect ' -in-ful-l-coiiipliance with_al~
--
rca le_ cy=an = ri ustcy B~tilding__Co<Ies.._ The br oar srgn s ruc ure as presently erected
is structu~ra~ITy'TBhnd and completely safe. See Exhibit C.
~~, c.~
property is located? _
9. Would the proposed variation impair the adequate supply of light and air to
or impair property values within the neighborhood?
The billboard sign structure as presently constructed -_noi tmpaz; in any way the
adequate sltpply of light and air of any adjoining property owner, rather the additional height
of the billboard sign structure improves the adequate supply of light and air for the adjoining
property owner who has already erected a sign in that the additional height does not interfere
with the adjoining property owner's sign struchtre. In addition, the additional height requested
under this Application for a variance would not in any way increase congestion in public streets,
increase the danger of fire, endanger public safety, nor substantially diminish or impair property
values within the neighborhood. The billboard sign structure as presently located is entirely
consistent with the present uses of all property in the locality, and the additional height requested
under this Application will not in any way reduce the overall structural integrity and safety of
the billboard sign structure as presently constructed.
III. Conclusion. _
For the foregoing reasons, C&E respectfully _ _ - -that the Board of Adjustment grant
the variance requested in this Application from the Zoning Ordinance of the City of Wheat Ridge
.,n,,.~,;.,R ~tiP rzF h;tlhnarrl Ginn structure located at 10501 W. 48th Avenue North to ~'
9. Would the ~ooosed variation impair the adequate supply of light and air to
adjacen~rooertx or substantially increase the congestion in the public streets or
increase the danger of fire or endan eg r the public safes or substantially diminish
or impair ~rooerty values within the neighborhood?
The billboard sign structure as presently constructed =?ul ._at tmpaazr in any way the
adequate supply of light and air of any adjoining property owner, rather the additional .height
of tiie billboard sign structure improves the adequate supply of light and air for the adjoining
property owner who has already erected a sign in that the additional height does not interfere
with the adjoining property owner's sign structure. In addition, the additional height requested
under this Application for a variance would not in any way increase congestion in public streets,
increase the danger of fire, endanger public safety, nor substantially diminish or impair property
values within the neighborhood. The billboard sign structure as. presently located is entirely
consistent with the present uses of all property in the locality, and the additional height requested
under this Application will not. in any way reduce the overall structural integrity and safety of
the billboard sign structure as presently constructed.
III. Conclusion. _ ,.
For the foregoing reasons, C&E respectfullystsahat the Board of Adjustment grant
the variance requested in this Application from the Zoning Ordinance of the City of Wheat Ridge
allowing the C&E billboard sign structure located at 10501 W. 48th Avenue North to ~-
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 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 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.
~_
i
~.
_ ~
1~.1:'.
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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 IF' 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.
:.
i ~ ,
~ae~:
IN IT
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.
e. 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.
., _._
...~syT.
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 Lessees 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.
__.
i ,:~` 4 ~l,~a 1 _
~i\ _..._ . r _
b;W~..
INIT
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.
LESSORS:
!`
// /j .f
Debra 3,e~' D aring ~%
J
Daniel R. Dearing
Address • %G'S~~~ i l ~" • yam, ><i-~~ ,l:f c' ~ >x
J '
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
THE FOREGOING instrument was acknowledged before me this a~~
day of January, 1996, by Debra Lee Dearing and Daniel R. Dearing,
as Lessors.
Applicable Law.
This Lease shall be governed by the Laws of the State of
xotices.
~~~~
Date-
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Date
i ,
`\t~Upnnumrrtr,. ~1.~-F%~,,. / l , ~ IZ~.~
``~~o``~, HOC/.QC ;, Notary Public
yQ,:` M commission a fires: 12 28 97
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dtJET.
LESSEE:
C & E Communications, Inc.
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By: Chris Car 'ile, /P'resident 1
Address: G~~, L-~ (~yx•~-y~ ~- ~ ~ .1~ 'Z~~j
~r~^ C~v~t ' t,~ ~i1Lc~ 1
STATE OF ~ 1U (C~tt U )
ss.
C~~c.~SCOUNTY OF l7e.n/ef
~L~ -C~
ate
Plle FOREGOING instrument was acknowledged before me this ~ 7'
ay''••~ anuary, 1996, by Chris Carlile, President of C & E
`~mpat~ri c ions, Inc. , as Lessee.
i
~SNAM t8 ~c~''~-t=1--~,CIJ ~ ~~~~L~C.I'lU
1~
•-~-'~1,~V- Notary Public
My commission expires:
ATTEST:
Secretary
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EBHIBIT 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 DESCRIBED
PARCEL" to a point on the West line of the "THE FOLLOWING DESCRIBED
PARCEL", thence North along the West line of the "THE 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.
THS 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.
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LOCATION OF POLE
Eleven Feet East of West Fence Line and Eight Feet South
of South Line of Proposed Building
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~`"`~, EXHIBIT B
d~i11,
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ItVIT.
zi
SE~`T BY:~ROft;VSTEIN HYATT 1-24-96 9:44
POWER LICENSE
BHF&S- 30342I4309:m 2I 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 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 q
Dat .l-Z~-F•~o
~1
LFii.LC ~ ~ 2 I
Daniel R. Dearing
Date: 1 -a,f-/ -~~o
LESSEE:
C & E
BY ~..
Name:
Its:
Date:
TNC.
5370.7; 7{6161.1
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 l0~01 West 48th Avenue North,
Wheat Ridge. Colorado
Deaz Mc 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 billboazd 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.
9°~~-°-
Van Tussenbroek
Metro Sign Service
P.O. Box 10296
Glendale, Arizona 85318
(602) X64-7705
March 12, 1996
Christopher Carlile
President
C & E Communications, Inc.
4926 SW Corbett, Suite 205
Portland, Oregon 97201
Re: Billboard Sign Located at l0~Ol W. 48th Avenue North,
Wheat Ridge. Colorado
Dear Mr. Carlile:
As you know, my company and [ installed a single-pole billboard sign structure for your
company, C&E Communications, on br 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 fast-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,
~'~`~ i~
Matt Yob
President
GRC Engineering, Inc.
10537 S. Kostner Avenue
Oak Lawtz, Illitzois 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, 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
9-11', 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 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 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
~ PropertyOwner:
Property Address : 10501 I-70 FRONTAGE RD N Phone
Contractor License No.
~ 3E Company
Phone:
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this permit application are accurate,
and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restrictions of record; theta// measurements shown, and allegations
made are accurate; that I have read and agree tdabide by all conddions printed on this
application, and that I assume full responslb ~y for compliance with the Wheat Ridge Building
Coda (U.B.C.) and all other applicable Wh~fiid fa ordinances, for work under this permit
(OWNER)(CDNTRACTOR)SIGNED ~f'-~
Description : BILLBOARD 14' X 48' 32' BILLBOARD
Construction Value : $25,000.00
Permit Fee : $252.00
Plan Review Fee : $0.00
Use Tax :
---_~
a o.>'
Total: $G2~-9B
~7 °~
ou at 1 CAI:IC JVU I H, 5' SETBACK WEST
l~iitff~'SiSfi7R"t13t~
Approval : GG 12/29!95
Zoning : PID
l3~1(Ci~7
Approval:
Approval:
Occupancy : Walls
BUILDING DEPARTMENT USE ONLY
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) This permit was iuued in aaordance with the provisions sat forth In Yapur application arM is subject to the laws of die State of Coorado and to the Zoning
Regulations and Buildlnp Coda of Wheat Ridge, Colorado or arty other applipble ordinances of the City,
(2) This penn@ shall axpim d (A) fl>e work authorized is not commenced within sixty (60) Jaya from Issue date or (8) the bulWing authadxed Is suspended a
abandoned for a period of 120 days.
(3) If this permit expires, a new pemM may be acquired for afee ofone-haH Me amount nomalty requimd, provklatl rq d~anges have been or will be made in the
odglnal plans antl spedfications and arty suspension or abandonment has rqt exceeded one (1) year. If Uranges era made or if suspension or abandonment
exceeds one (1) year, full fees shall lb paid for a new permit
(4 No work of any manner shall De done that will Uiange the natural flow of ureter causing a drainage problem.
(6 Contractor shall notify the Building Inspectortwenty-lour (24) hours in atlvarice for all ins
proceediing with successive ohms o the lIoob. Pia and shall receive written approval on inspection mrd beNre
(6) The issuan o(a permit or the approval o(drawings and specifiraflans shall construed m be a pertrvt for, tier an approval 04 arty violation of the provisions
of the bui i cotl s or arty other obi ,law, rule or regulation.
Chief ullding Inspector
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR
CALL: 2345933 24 HOURS PRIOR TO INSPECTION
105
The Ci[y 0~
Wheat
Ridge
ADh1INISTRATIVE PROCESS APPLICATION
Department of Planning and Development
7500-West 2.9th Ave., wheat Ridge, CO 80033
Phone (303) 237-6944'
Applicant C fi E Communications Ad_dre_ss 4926 SW Corbett, ¥205 Phone (303)475-7313
Portland, OR 97201
Oe;ner Daniel R.. Dearing Address (same-as_"location of ?hone 0303)424-9514
reques
Location of request 10501 West 48th Avenue North, Wheat Ridge, Colorado
Type of action requested (check one or more of the actions listed below
cahich pertain to your request.)
^ Change of zone or zone conditions ~ Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit ^ Flood plain special exception
Conditional use permit - Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
^ ** See attached procedural guide mineral extraction permit
for specific requirements. ^ 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
DB_A_Hi h Count Agto Bod ~ Wheat Ridge, Colora o
C S E Communications essee ore or an - 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 the ussted actior, cannot-lawfully be accomplished.
Applicants other than ow ers~u``77 u it power-of-attorney-from the owner
which approved of this ctior~ o~s//~b~..alf.
G~
Signature of Applican //
rest en -
~ and swo n o me this ~* day of y~c-~` 19 9~
,H•••••
~~~OTq • ,O
9,~,~ ~
~j 7m Notary Public
SNRAL : ~
~;.p My commission expires ll~i/y7
Dat gezv2~,~- Receipt No. Case No.
COLD .- .... _
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PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-96-12 DATE: April 25, 1996
REQUEST: An application by C and E Communications for approval of a 22'
height va-riance to the 32' billboard height requirement for
property zoned Planned Industrial Development and located at
10501 W. I-70 Frontage Road North.
~ ; Position On Request;
1'
1 ; (Please Check) ;
SPEAKERIS NAME ~ ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ;
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May-23-96 03: 15P HOLLEV ALBERTSON & POLK 303+23317838 P.O1
HOLLEY, ALBERTSON Bt POLK, P.C.
ATR/FNLYS AT Lew
DENVEn wtsr oeezce PAAIt
$Uh'E t00r EL`iLU1NG 19
1667 COLE RLVO.
GOLOE'IV~ Coso,uoo BOd01
PHONE (30A l~3.7838
GEORGE ALAN HOLLF.Y FAX {303) 733.2860
SCOTT D. ALEERTSON
DENNIS B. FOLK
ERIC E. TORGERSEN ~ ~ _ ~ ~ -. --
THOMAS A. WALSH
HOWARD R. STONE
May 23, 1996
VIA FAX No 235 2857 AND U S. MAiL
Mr. Glenn Gidley
Direcror, Planning & Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Re: Variance Application of C&E Communications, Inc.
Case Nos. WA-96-11 and WA-96-12
Dear Glenn:
As you are aware, this firm represents Medved Auroplex with regard to the above
referenced matter.
It is our understanding that the applicant has agreed to reduce its sign height to forty-one
(41) feet. We have met on several occasions with the representatives of the Applicant, and we
have been authorized on behalf of Medved Autoplex ro advise you that Medved Autoplex hereby
withdraws its opposition t0 the request for a variance, to the extent that the Applicant now seeks
a variance to a maximum height of forty-one (41) feet. In light of this concession and the
demonstrative cooperative attitude of the Applicant, Medved Autoplex has authorized this firm
ro inform you that they now support the Applicant's requess for a variance, on both the set back
issues and the request of the Applicant to have a sign not ro exceed forty-one (41) feet in height.
In light of the information that we have learned from the Applicant, we believe that a
height of forty-one (41) feet will be less distracting and will better serve the community than a
thirty-two (32) feet height.
May-23-96 03: 16P HOLLEY ALBERTSON & POLK
Page 2
Leger to G. Gidley
Ra: Varimca Application
Cane Nos. WA-96-i1 &. WA-96-12
Mav 23. 1996
303+233+7538 P.02
It is our request that you present this correspondence ro the Board of Adjustment as
constituting the position of Medved Auroplex with regard ro this sign variance request.
Should you have any questions, please call me.
Sincerely,
HOLLE LBERTSON & POLK, P.C.
~ ,
Dennis B. Pol[c
cb
xc: John Medved, Medved Autoplex
WED 05:27 PMVOLgNT I14C. 303 456 7830 P. 02
wcnr~r
VOLANTINCORYORATED
10601 West I- 70 Frontage Road North
Wheat Ridge, CO 80033
May 23, 1996
VIA )~ACSI&IILE; 235-2357
A1~TA Z1S MAIL
Mr. Glenn Gidley
Director, Planning and Development
City of Wheat Ridge
7500 West 24th Avenue
Wheat Ridge, CO 80215
Re: Variance Applications of C&E Communications, Inc.-
Case Nos. WA-96-11 and WA- 92-12
Dear Mr. Gidley:
As you are aware, Volant has in the past presented objections to the above named
variance applications submitted by C&E Communications, Inc. ("C&E") with regazd to a
billboard they have constructed at 10501 I-70 Frontage Road North, directly adjacent to
our property.
It is our understanding that the applicant has recently agreed to reduce the height
of its billboard structure at the above location to forty-one {41) feet. I have met on
several occasions with the representatives oftlte Applicant, and I am authorized on behalf
of Volant Inc., to advise you that Volant Inc., hereby withdraws all prior opposition to the
C&E requests for a variance, to the extent that the Applicant now seeks a variance for the
billboard of a maximum height of forty-one (41) feet. In light of this concession and the
debaonstrative cooperative attitude of the Applicant, Volant Inc., hereby informs you that
we now firlly suppott the Applicant's above named requests for a variance, on both the
setback issues and the request of the Applicant to have a sign not to exceed forty-one {41)
fect in height.
Volan tlncorporated,10601 W. I-70 Frontage Rd. North, WheatlLidge,Ca 89033USA
Phone: (303)420.3900 FAX: (303)456.7810
MAY-23-96 WED 03 C27 PM VOLRNT INC. 303 456 7830
~\``1
In light of the information that I have learned from the Applicant and my
knowledge of the concerned neighborhood, I believe that a height of forty-one {41) feet
will be less distracting and will better seAVe our neighborhood that athirty-two (32) fee[
height. In addition, because of the location of the billboazd and the structures located on
the Volant property, Volant believes that the billboazd would actually harm the Volant
business conducted on our property, if the C&B variance application is not grazlted and
the sign is not allowed to remain at its present height of 4I feet.
It is my request that you present this Correspondence to the Board of Adjustment
as constituting the position of Volant Ync., with regazd to this sign variance request.
5ltould you have any questions, please call me.
Sincerely,
Volant Inc.
~~~~~L~
P. 03
Craig Chaffee
Vice-President
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 10
The applicant was informed the request was denied and she
asked the board what did they suggest her to do. Mr. Gidley
replied for her to move the trailer. Mr. Volzke asked if
the camper could remain where it is until the appeal.
Discussion followed.
- __ ase_ o.- _ --2_ 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 10501 N. I-70 Frontage Road.
Glen Gidley presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Gerald Dahl, City Attorney, spoke saying as a preliminary
matter this particular case, as you know, was continued to
this date at the applicant's request. He spoke with the
applicant's attorney this afternoon and it appears there is
a mis-perception as to whether or not witnesses were
permitted at this hearing. Mr. Dahl-said he would like to
discuss it with their attorney as it may affect whether or
not he will ask to continue this case. The disagreement is
this; the applicant's attorney is under the impression that
staff had told him that witnesses were not permitted. After
speaking with staff, he learned they told the attorney that
the Board of Adjustment did not permit cross-examination and
they liked to have witnesses just testify rather than
questions and answers between witnesses and attorneys, but
they did not inform the applicant that they could not bring
any witnesses. Mr. Dahl continued saying Mr. Melcher
believes he heard it somewhat differently and that witnesses
were not permitted and he relied on that and says he would
have otherwise brought witnesses. The city is ready to go
on this case here tonight and he guessed he would ask Mr.
Melcher if he is willing to say yes he is ready to go. He
has got what witnesses he wants to present and waive what
they believe is not a defect, that staff told him no cross
examinations but not no witnesses. That is not an issue
that he wants to battle out in district court and then have
to come back here for a new hearing. If they cannot get an
agreement on this, then Mr. Dahl will ask for a continuance
on this case.
Board Member ECHELMEYER questioned Mr. Melcher as to why he
did not bring this up a month ago being he was present
throughout 3-4 other appeals before this group. Some of
which had witnesses, why did he not bring this up a month
ago. Mr. Melcher answered saying he is ready to go tonight,
and does not want to put this off any longer. The issue
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 9
past, the rules require that anybody that is going to
challenge any action must take place within 30 days of that
action. Things that have been done throughout history are
not going to fall under that problem. Mr. Dahl feels it
would be worth it to try for a denial motion.
Board Member HOWARD asked why are there meetings then and
explained that they are operating under the rules and
procedures of a board of adjustment and those procedures
say that with 8 members, all votes must have 6 affirmative
votes to pass if for approval.- It does not say if it has 3
negative votes that it is denied. It there are 7 members
present, it has to have 6 affirmative votes, and if 6 it has
to have 5, and if 5 it has to have 4. The only situation
that apparently that is in this 'super majority' is if there
are 8 members present.
Mr. Dahl said 'super majority' may be the wrong choice of
words because. the voting chart tells you how many votes you
have to have to make a decision. He realizes in the rules
and procedures it says if they fall short (as this one did)
then the matter is deemed denied. There is a code section
that this kind of mirrors and it doesn't say if you fall
short it is deemed denial, it says 'for all matters
requiring a decision' (positive or negative). The code
section. is different than the board's rules and regulations,
and the code section controls.
Board Member HOWARD suggested holding off on any board of
adjustment hearing until that ordinance is changed. Board
Member HOWARD feels that is just spinning wheels and he has
better things to do than spin his wheels. Mr. Dahl said he
has drafted the code section and intends to give it to the
council as soon as possible.
Board Member ECHELMEYER asked how many meetings with council
will that take, and Mr. Dahl said it has to go through the
standard-lst and 2nd readings, but they may be able to draft
this as an emergency ordinance.
Chairman WALKER said it appears that no one wants to make a
motion to deny so therefore, the vote stands as it is and
has been denied because it was not passed with enough votes.
Mr. Dahl agreed the variance, was not passed.
Board Member HOWARD asked if he could be excused for the
rest of the meeting and Chairman WALKER answered yes.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 11
that Mr. Dahl raised is that he had face to face
conversations with Mr. Glen Gidley and Sean McCartney to ask
them the rules and how to proceed. He asked them if he
would be able to have witnesses for cross-examining or what.
Their statements were that he could have individuals come
and make statements, but the Board does not like this to be
treated as a trial. The Board does not want attorneys
running-this as a courtroom with people on the stand with
cross-examining by those attorneys. He understood they
could have people come and make statements but not be
allowed to question and answer them. He raised an objection
when Mr. Dahl said he would be calling Mr. Gidley as a
witness and would be asking him questions. Mr. Melcher said
Mr. Gidley could make statements but he did object to Mr.
Dahl as an attorney presenting a witness because he was told
he could not do that. He doesn't believe that could be done
in consistent with due process without allowing the opposing
council to cross-examine.
Mr. Melcher said to Mr. Dahl that if Mr. Gidley would like
to make a statement then that is fine, but if they would put
him on as a witness like a courtroom, then he would have to
be allowed to cross-examine him and Mr. Melcher was not
ready to and did not expect to because he was told that is
not the way the board is run. He will be happy to have
statements and is ready to go. Mr. Dahl replied he is as
ready to go forward and delighted that they agreed. Mr.
Dahl does not need to put Mr. Gidley on as a question and
answer witness as he will be giving the staff report and
will cover what is needed. Mr. Dahl added he has exhibits
that will be presented.
Chairman WALKER asked if we question staff can we entertain
questions from anyone else then, and Mr. Dahl replied he
would suggest not to deviate from whatever procedures have
been done in the past.
Glen Gidley presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Mr. Gidley noted that the request has been changed since the
staff report.. The billboard has been lowered to a height of
41 feet, so now the variance request is 9 feet.
Board Member SANG asked if the sign was lowered voluntarily
by the applicant or did the city request it, and Mr. Gidley
replied the city requested that it be lowered to the legal
limit of 32 feet, and the applicant would have to answer why
the billboard was lowered to 41 feet.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINDTES OE MEETING: May 23, 1996 Page 12
Chairman WALKER called for a 5 minute recess.
Upon convening, Mr. Gidley entered into record the building
permit file and a copy of a drawing from the same file, -for
10501 W. I-70 Frontage Road, labeled Exhibit '. Mr.
Gidley passed the drawing out for the board's review.
Entered into record letters from Brownstein, Hyatt, Farber
and Strickland and GRC Engineering Inc. Mr. Gidley
continued with the staff report.
Mr.- Gidley entered into record a copy of the Planned
Industrial Development Regulations, Section 26-25 of the
Code of Laws, labeled Exhibit ', and two letters, one from
the immediate adjacent property owner, Volant and another
from Holly, Albertson and Polk on behalf of Medved Autoplex,
both stating they have withdrawn their objections.
Board Member ECHELMEYER wanted to know how did they ever
arrive at 41 feet and were there any city employees involved
in this process; and Mr. Gidley answered no city employees
were involved in this process in terms of being there during
the lowering. The applicant did ask if they wanted to lower
the sign, would staff permit that, and staff indicated yes
they would. They did not in any way say to the applicant
that 41 feet would be acceptable. This all- happened in one
day and Mr. Gidley believes the 41 feet is because there is
a joint at that point and much easier to unbolt at that
joint. -
Board Member ECHELMEYER asked if it was the same contractor
that did the original work, and Mr. Gidley answered he is
not really sure as they have no information on that. Other
than the advanced question, the city had no information that
this was taking place. Mr. Melcher added they called the
city and they gave us permission to lower the sign. They
knew when we were going to do it.
Board Member ABBOTT asked if the answer then to #8, if the
granting of the variance would be detrimental to the public
welfare or injurious to other property would be no, and Mr.
Gidley answered that is correct, based upon the
certification of the engineer. That was staff's primary
concern.
Board Member ABBOTT wanted to know if in moving the
billboards from the B1 to the B2 district leaves a hole in
the B-1 zone that can be filled .again by another sign, and
Mr. Gidley replied .that no other billboards can ever be
relocated, the only thing that can happen to the billboard
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 13
in the B-1 zone is to be removed. All of them have to be
removed this year and staff will be in contact with all
billboard companies officially to encourage them to
voluntarily remove them over the next few months.
Board Member ABBOTT asked then to hasten this process we
were offering this incentive to move the billboards to the
B-2 district and Mr. Gidley said that is correct.
Board Member MAURO wanted to know how far down would the
next jointed bolt on the billboard pole be, and Mr. Gidley
said he could look at the plans or perhaps the applicant
could answer that easier.
Board Member ECHELMEYER asked if the sign was reduced in
width and Mr. Gidley.answered no.
Board Member ECHELMEYER questioned if staff would normally
accept written comment of the engineering of this sign after
it was constructed without an on-site inspection. Mr.
Gidley commented the city engineer, building inspector and
himself all sat down and discussed this matter. -Normally
no, to be honest, but after city engineers reviewed the
concrete specification tickets and saw the type of concrete
and the additives and also the total depth of the pole,
there was a conclusion that even if the concrete was not the
best because of the depth of the pole in the ground, it is
deep enough that even bad concrete would hold this billboard
under windloads. In other words, the sign is over-
engineered for the amount that is sticking above ground..
Board Member ECHELMEYER said the applicants came in for the
permit 2 or 3 days prior to the expiration date of the 31st
of December and did that automatically insure them the right
to go into the B-2 zone. Mr. Gidley answered they had to
make an administrative determination as it relates to that
matter. There is a specific provision on the building
permit that says it is good for 120 days. There has been a
history of issues relating to this billboard at another
location and at this location. There had been legal
concerns relating to the relocation of this billboard.
Staff made an administrative determination and in this case
tried to cooperate with the billboard company, providing the
issuance of the permit as long as they actually built it
before the permit expired. It was issued prior to the date
provided by law.
No further questions were asked.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 14
Chris Melcher, attorney with Brownstein, Hyatt, Garber and
Strickland, representing C & E Communications, who is the
owner of the billboard, was sworn in. Mr. Melcher said he
would like to address four issues in what I believe is some
confusion. First the question of the billboard company
coming in two days before the deadline and getting-this
application. This company has been here working with the
city for 5-6 months or longer prior to that deadline working
with Mr. Gidley to get a permit. Mr. Gidley granted the
permit and then after talking with Mr. Dahl they decided on
technical basis to revoke that permit. Mr. Melcher read the
letter and entered into record as Applicant's Exhibit '19'.
C & E Communications was ready to go quite a bit before that
deadline and all of a sudden the permit was pulled. So they
scrambled to get a new permit and that is why is came up so
close to the deadline.
Mr. Melcher continued saying as Mr. Gidley pointed out the
City of Wheat Ridge is divided into two zones: B1 and B2,
and has adopted a policy to get the billboards out of B1
into B2 out of more residential areas into the highway and
industrial areas. C & E has found two billboards that were
in B1, got those billboards (or one, another billboard was
put up by another company) taken down and put up along I-70
and they were going pursuant to the City's preference. That
is why the billboard has ended up where it is right now.
The area is a commercial-industrial area and there is a
frontage road that runs along front of it and another 100
feet or so past that is I-70. This is the area you are -
supposed to have billboards in the City of Wheat Ridge
because it will cost the least amount of disturbance to
neighbors and least amount of eyesore.
The issue about safety is a surprise to Mr. Melcher because
C & E took extensive measures to make sure this billboard is
as safe as humanly possible. They had engineer studies done
and he referred to the blueprint which gives engineer
certification and approval for these types of hillboards to
be built up to a height of 75 feet or higher. Height above
ground level (RAGE) here goes up to 100 feet, so these
billboards can go up to 100 feet or more.. There is nothing
unusual about a billboard being 150' high. There are three
billboards in the city over 50' in height right now and Mr.
Gidley should be looking at their safety issues also.
Mr. Melcher entered into record, applicant's Exhibit 'S',
from WA-96-11, the engineer's certified letter. The
engineer relied on the contractor who swore in a statement
WHEAT RIDGE BOARD OF ADJIISTMENT page 15
MINIITES OF MEETING: May 23, 1996
as to all the details of the construction. -There is a hole
dug down over 17 feet into the ground and the hole was
filled with two full trucks worth of concrete, the billboard
is built way above any required industry standards. Entered
into record Applicant's Exhibit '29', which is a letter from
Mr. Polk to Mr. Gidley and Mr. Eckert stating they agreed
that the issue of the structural integrity would not be
raised at the April 25, 1996 Board of Adjustment hearing,
and that the city would make a statement that C & E had
satisfied all requests with regard to the billboard's
structural integrity. C & E would not need to present any
witnesses or evidence regarding this issue at the hearing.
In reliance on these statements, they have cancelled
arrangements to present expert witnesses at the hearing on
this issue. So they have representations from the City that
they were completely satisfied with structural safety. They
have simply stated they have satisfied all industry building
codes that concerns were raised about. It was a surprise to
him that he is raising that. Mr. Melcher wanted to address
that because it seemed to be a concern of the Board.
Mr. Melcher entered into record powers of attorney labeled
Exhibit '2' and '15'. Exhibit '15' is simply the power of
attorney to file for this variance from Daniel Dearing and
also stating he is in full support.
The billboard was constructed in February of this year and
constructed quickly because the billboard is located on a
commercial property, an auto body shop, and the owner did
not want cranes and workmen on his property during working
hours obstructing business. The billboard was put up
completely following industry guidelines but without wasting
time. when they constructed the billboard it was intended
to be 50 feet, and it ended up at 53 feet, and the reason is
when they looked at the property, they realized the only
location of this billboard was at the far western edge. If
they put it up on the western edge and lowered it 32 feet,
it_would block the Volant factory and perhaps the High
Country Auto Body sign. C & E communications thought it
would be in everyone's interest if the sign were higher and
did not obstruct the Volant sign or osetofya loteofknew
Volant had come to I-70 for the purp
visibility. The property owner, Dan Dearing, had no
objection and was happier to see the sign higher because it
caused less interference with his property. Mr. Melcher
showed slides. When the sign was at that height, traffic
going east & west could see both the billboard and the
Volant factory and sign very clearly. After they built the
sign the city notified them that the sign_was too high and
objected. Volant objected to that height also and C k E was
WSEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996 Page 16
surprised as they believed Volant would be happier with the
additional height. They were also surprised that the city
objected because there are also 3-4 other billboards in the
city over the 32' height.
The city then put in a stop work order. so C & E filed for a
variance. -The week staff was preparing the staff report, we
told them we had a survey and with certifications from the
engineer and told them full well what the certifications
would say about the safety of the sign. We met with Mr.
Dahl, Mr. Eckert and Mr. Gidley in March and wanted to know
what to do to satisfy that the sign is safe.. .They said to
have the engineers sign a certified sworn statement that the
sign is safe, and they would that. They were surprised that
the staff report came out with the answers it did on #S and
#9. Mr. Gidley has now withdrawn that as there is no
concern about the safety. They realized then that people
were very concerned about the height and not looking
favorably upon the sign so we thought they should work out
some sort of solution where. everyone could win. That is why
they went forward. with the setback hearing but asked for-a
postponement of-the height variance. We were wanting to
work out a solution and see if bhere was some middle ground
to satisfy the city, neighbors, and other property owners.
They spent a great deal of time talking to the two property
owners that objected the strongest, Medved and Volant. They
understood from them that they would Like some middle ground
on the height, so that is what they did and that middle
ground is 41 feet. There still is some visual clutter but
much less that it would otherwise be. The reasons for that
is Volant will still get their visibility they want and it
will be more in conformance with the neighborhood. Since
there was a stop work order, they asked the city for
permission to lower the sign and went out and lowered it.
The sign was lifted off of the pole and the pole was taken
down and cut of a 12-13' section in the middle. The pole
was then welded and the sign placed back on top. That was
done and they talked to both Medved and Volant, and it
satisfied the majority of their concerns about this
billboard. They believed-, based on their good faith, by
voluntarily going out and lowering that sign, trying to work
out some middle solution, that Volant and Medved could
support their application.
Mr. Melcher read and entered into record Applicant Exhibits
'16' and '17', letters from Volant and Medved stating their
support of the setback and of the height variance to 41
feet.
WSEAT RIDGE BOARD OF ADJIISTMENT page 17
MINUTES OF MEETING: May 23, 1996
Mr. Melcher entered into record Applicants Exhibit '18', a
letter from Joe Asmuth, a professional surveyor who
certified the heights of a number of signs. He also
displayed photos on a poster board showing the same
billboards all being higher than 32 feet.
Entered into record, Applicant's Exhibit 'S', the actual
application for a building permit submitted. by U.S. Outdoor
Systems for the billboard at 12351 W. 44th Avenue. This
shows that the billboard intended to be 50 feet high, and
was approved by John Eckert. When they were told the
billboard was too. high, U.S. Outdoor Systems applied for a
variance for 60 feet and was denied by the board. They came
back a few months later and asked the Board for a variance
of 41 feet. The Board heard testimony and decided to grant
the variance at 41 feet, despite staff's objections. C & E
Communications would like the same granted.
Mr. Melcher went through the nine criteria. The billboard
at 32 feet high will harm the neighbors and billboard. It
will make it very hard to make a reasonable return in income
unless the billboard is granted at 41 feet.
The plight of the owner is due to unique circumstances
because the only place this billboard can be located is at
the far western edge of the property, next to the Volant
property. If the billboard is forced to be lowered, it will
hurt Volant and Dearing properties.
The billboard will not alter the essential character of the
locality. Mr. Melcher entered into record, Exhibits '12',
'13', and '14' and Case Nos. WA-96-13, 14, 15, 16, 17, 18
and 19. A couple other billboard companies have submitted
applications for variances along this road. He feels these
are sham applications, there are four billboards along that
road and they are all grandfathered billboards. If they
came in and tried to replace those billboards, Colorado
Department of Transportation would not authorize their
permits because they no longer comply with the state code-
They are in here to frighten the board and to suggest to the
board that if they open this up they will have a number of
other-variance applications.
Gerald Dahl questioned a procedure stating the offered
exhibits; the new files have not yet been heard by this
board and yet they are being entered into record. They have
not been published or posted and they may well be i£ they
move forward. The applicants in those cases have the
absolute right and expectation that their case will be heard
WHEAT RIDGE BOARD OF ADJITSTMENT
MINUTES OF MEETING: May 23, 1996
Page 18
on the merits by this board at the time after published and
posted. He believes it is inappropriate and unacceptable
for those files to be introduced into the record. These are
files and cases that haven't yet been heard by this board
and shouldn't be heard by this board in any way including
submission of exhibits to this case.
Mr. Melcher said he would agree with Mr. Dahl 100 percent,
it was really unacceptable and inexcusable for that to be
raised, and that is why he objected to Mr. Gidley raising it
in the staff report.
Mr. Dahl added those billboard owners go un-named.......Mr.
Melcher said please let him finish. Mr. Dahl said what Mr.
Melcher suggesting is they be named in this proceeding.
Mr. Melcher said he is .not suggesting anything. Chairman
WALKER said they do not want to set a precedent and if they
start naming names then they are getting into another facet
of the case, and noted to not accept those names at this
time.
Mr. Melcher said he would withdraw the request to enter
those case files into the record, he simply asked that the
board ignore Mr. Gidley's rasing this issue and putting it
in front of you. He did not raise this, Mr. Gidley did, and
he is forced to respond. It is inappropriate, and it is
frankly an effort by other businesses to harm us.
Mr. Dahl added they are even since Mr. Gidley mentioned un-
named people who may make applications, and Mr. Melcher
mentioned a number of cases by number but has agreed not to
introduce them into the record. He has gotten the benefit
of the countervailing argument that there are other cases
out there. Leave it at that and not introduce names and
other cases that have not been filed as evidence in this
case.
Mr. Melcher objected saying he will not enter them into the
record but will state it should have never been put on
record but he was forced to respond.
Mr. Melcher continued saying this hardship and difficulty is
because of the location=of the factory next door and the
other signs. They would suggest there would be no hardship
if the variance were granted. Prior statements regarding
the safety of the sign have been withdrawn and trust that is
now the staff report with no safety issues, no detriment to
the public welfare, no impairment of adequate supply of
light and air. With all due respect the board has ample
WEiEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996 Page 19
evidence to decide with these unique circumstances that
there is good reason to grant this variance.
Board Member ECHELMEYER asked when was the sign lowered, and
Mr. Melcher replied it was lowered May 18th.
Board Member ECHELMEYER commented that the applicant waited
till the 23rd_to prepare letters to Mr. Gidley and everybody
else concerning the lowering of the sign. What did Mr.
Melcher mean when he said they represent Medved Autoplex and
Mr. Melcher said there was a mistake, that letter to Mr.
Gidley was from Mr. Polk, Mr. Medved's attorney. Yolant
wrote their own letter to Mr. Gidley also. Mr. Melcher had
nothing to do with the letter being prepared as late as it
was, they have been trying to work this out for the last 3
weeks. They have made efforts the day after the last
hearing to contact Mr. Polk and the other property owners,
and it has taken us this long,to get something worked .out.
Board Member ECHELMEYER commented in reality the applicant
struck a deal .with two firms up the street, they did not
consult Mr. Gidley or anyone else in .the city's
administration as to what height their other two compatriots
agreed to, so how can he possibly justify that kind of
action. Mr. Melcher answered Mr. Medved and Mr. Kashiwa
would be upset to think that they are my compatriots. They
are independent businessmen who have had long established
ties in this community and employ a number of individuals,..
pay property taxes--he has no control over them.
Board Member ECHELMEYER added that the applicant agreed to
41 foot because they agreed to a 41 foot and did not come
back to the city and ask would we agree to a 41 foot. Mr.
Melcher said-they informed Mr. Gidley that they were trying
to work out a solution for all property owners on that road
and Mr. Gidley said he has no authority to suggest any
height other than 32 feet which is the code. He said to do
what we think is best and so we talked to everyone that had
an interest and did the best they could.
Board Member ABBOTT said there is a benefit side to the
lessee and the owner of the sign and possibly to the
neighboring businesses and they have to look at. What is
the benefit to the over-height sign to the people in general
that the sign code was written for. Mr. Melcher said the
City of Wheat Ridge prefers these signs to be located along
I-70 corridor, if there are going to be signs, let's move
them closer to a highway and an industrial area so there is
very little harm to the residents out in the outlying areas
in the City of Wheat Ridge. With the over-height all -
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 20
businesses will benefit by increased sales, employ more
people, pay more taxes, provide better benefits to the city
which they live (they have been here as corporate citizens).
This will improve the economy of Wheat Ridge. Lowering the
sign will harm all of these businesses for. no real important
reasons that isn't already satisfied by moving this
billboard out to I-70 and the B-2 district.
Chairman WALKER-asked if Dennis Polk was in the audience,
and Mr. Melcher said no, Dennis Polk and Chaffee both
requested for him to sign their name to speak in the event
they were able to make it, they would be listed there to
speak, but they are not here tonight.
Mr. Gidley stated that Mr. Chaffee did call him at
approximately 5:00 p.m. and indicated he was faxing the
letter you received and that behalf of the law firm he
represents were in favor of the variances and they have
withdrawn their opposition. Mr. Melcher_ said both Mr. Polk
and Mr. Chaffee had prior commitments.
Board Member SANG asked when was the original permit first
taken out, and Mr. Melcher answered he does not have that
exact date because that was before he was involved. The
permit was revoked September 13, 1996. Mr. Gidley said the
original permit was pulled on February 1, 1995. -
Board Member SANG said if the permit was taken out February
1st and revoked on September 9th, it was already past the
120 days that the permit is good for. Mr. Gidley answered
yes, that is one of the reasons it was revoked because it
was past the 120 days; one of the reasons, there were
several.
Board Member SANG said the signs they were shown were not in
compliance, are those signs in non-compliance. Mr. Gidley
answered to his knowledge three of the billboards have
variances, and he is not sure about the other two as they
predate his employment here or at least his memory. Board
Member SANG stated some of those could then be grandfathered
under the old sign code and Mr. Gidley said it is possible
that they predate the 1976 Sign Code.. Mr. Melcher said four
of those billboards were erected well after 1976, so none of
them are grandfathered. Mr. Gidley said he will not argue
because he does not know any better-and is not for sure if
Mr. Melcher knows any better.
Mr. Gidley pointed out that the elevation of the interstate
is different than the elevation of the base of all these
billboards. There were variances for at least three of
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 21
these with unique circumstances, each location is different
and each location is valuated based upon its own conditions.
Relative to this billboard, the topography is different than
the topography that relates to the five billboards. Mr.
Melcher added in the staff report for one of the billboards,
it states there is no unique circumstances or physical
surroundings. He believes these are correct decision
because there are good reasons for these to be over-height,
they are near highways, they are not in residential
neighborhoods. The C & E Communications billboard also has
good reasons why it should be over-height.
Board Member ABBOTT said there is no question in his mind
that the others have to do with visibility down the highway,
but he is orbiting around a totally different argument and
that has to do with the visible impairment of one business
sign versus another business sign. Clearly the Volant sign
tends to blend in to the billboard. The argument to that is
that this is just the competition for signage and if there
is blockage that is just the way it is because in theory
they are all limited to the height restriction. Mr. Gidley
said generally yes, that is a general principal in sign
regulations. In this instance, Mr. Gidley is not convinced
the competition exists, at least to the extent the applicant
would like to believe. Mr. Gidley presented the slides one
more time. Board Member ABBOTT said it is a kind of a
question of angles, and Mr. Gidley said one would have to
get behind this sign to block the Volant sign (from Miller
to the north). Any angle when you are on I-70 or the
frontage road would not be blocking the Volant or the
autobody sign; it is physically impossible unless you are
further north.
Mr. Melcher feels that depending on the angle and what
direction being traveled, the signs compete for each other
and do block each other. When you have two signs competing
with each other, they wash, and a person gets confused
because they only see the sign for a few seconds and it is
such a muddle that neither sign gets any benefit, they both
lose. That is why Mr. Kashiwa and everyone else is very
much in favor of this variance. If you are standing in the
parking lot there is no blockage, but the customers are on
I-70 driving 55 mph.
Chairman WALKER commented this is a passing montage you are
seeing when you're traveling down the highway 55 mph, if
anyone can get a view of it for any moment, you have
accomplished your purpose for getting your advertising out.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 22
Mr. Melcher said he-has to respond to this to supplement the
record because there seems to be now an issue. He added the
highway department does studies on these things and a
highway sign has to be-read for 2-3 seconds at highway
speeds for there to be any recognition of what's on the
sign. If one is traveling east on I-70, the Volant sign
will travel across that sign for a great portion of that
visibility, and that is where the problem is. Any time the
people look at that all they see is a montage or muddle.
They don't read either sign. This is why Mr. Kashiwa and C
and E Communications is so concerned about it. Studies have
been done by the advertising industry to talk about that.
You can get a quick view for a 10th of a second, but then
you start to get the mix and the wash, and both signs are
harmed. I could stand on I-70 and take a picture every 10
feet to show how that phenomenon occurs, and you could see a
picture where there is no blockage, but the majority of the
viewing time there is a blockage.
Chairman WALKER if we all know the overall limit is 32-f-eet
and you place a 32' sign behind another 32' sign it looks
like it was a bad selection of a sign location and this is
the new sign on the block, and in violation of the City's
code. Mr. Melcher said they are trying to work out a
solution, but is not for sure why that same argument does
not apply to the other signs. These have already had
variances granted, and I submit that this is a valid purpose
for the City of Wheat Ridge, and a good business purpose. .
Mr. Melcher said he would ask that.Mr. Chester Trubucco who
is an investor and a director of C and E Communications, be
allowed to briefly address the board.
Board Member ECHELMEYER said the survey report indicates it
was established at 'arbitrary points', it didn't say on the
highway, so the surveyor actually could have used any number
of points at which he made his angled measurements to
determine the true height of these signs, and Mr. Melcher
said that is a term of art and does not mean it is any less
certain than any other survey method. The reason he said
arbitrary points is because there is no identified spot on
the highway or ground that says you should stand here to
measure the signs. It is the exact same method the City
used when measuring sign.
Mr. Chester Trubucco said he was a outside pseudo-passive
investor until 1994 and now he is the sole investor in C & E
Communications. Mr. Trubucco said he-comes from a small
town and this is clearly new grounds for him. His creed has
always been 'ask first for permission' instead of
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 23
forgiveness. It wretches him to have to ask for forgiveness
and no one is arguing the fact that they applied for a
permit suggesting 32 feet. He is hearing this himself for
the first time in the last 30 days. He said he invites
anyone to call and verify his reputation; always asking
first when working with property owners. This is not the
way he prefers to address this group, he would prefer to use
all of the same arguments that Mr. Melcher presented, in a
form of asking permission. Mr. Trubucco really feels
strongly that it will harm them to lower the sign to 32 feet
and Mr. Kashiwa would be looking almost directly into the
sign from the corner of his office. The best thing to do is
to move toward compliance, not to continue to fight and that
is the direction he gave Mr. Melcher. They brought it down
to 41 feet as it seems to make the most sense and thought it
was a positive move and not negative. They certainly do not
want to raise more red flags by lowering it. They wanted to
act in the spirit of fair plan and the spirit of compliance
to do so. He submits that it somewhat blends in with the
community rather nicely, again he believes if they were
asking for permission instead of forgiveness we would be
looking at it a little differently. He has taken over the
business operations for C & E Communications as its full
investor and will be reviewing all future permits, all
engineering reports, etc., to make sure we are in
compliance. They want to be a good community neighbor and
why he is personally involved with discussion with the
property owners. He represents himself as a small business
owner, this is one of two signs they have. Clearly, Mr.
Carlisle took some liberties, for the right reasons, but did
not go about it the right way. The approach and the process
was dead wrong and it will not happen again. Mr. Trubucco
thanked the board for their time, and stated they believe
the right action is leaving the billboard at 41 feet.
Board Member HOVLAND said he agrees the thing has been
approached all wrong from the very beginning. There was a
change made over the weekend to lower the sign height, too
late for any of the members to know, we could have driven by
there and made our own decision whether this is better at 41
feet, but it came too late. Once again, it is this whole
procedure trying to pull the rug out from underneath the
City.
Mr. Trubucco responded saying he has been involved ossible
last 30 days and has been trying to do everything p
that is the right thing to do, again he don't understand the
protocol in terms of how the proceedings work here. He
assumed that lowering the sign to 41 feet would be the
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 24
spirit of moving in the right direction. They could not get
the contractors out here from Phoenix until this point in
time or actually the Board would have had ample time to look
at it. Their intent was to get it lowered as soon as
possible. Mr. Trubucco has been unable to address any of
the issues until the last 30 days and now he plans. to be
very actively involved in a solution. They thought they
were going about this the right way and clearly by lowering
it as soon as possible, and getting to a middle ground with
the other property owners. They did not. get an opportunity
to show the board and that is why they brought all of the
pictures tonight. He cannot speak for what the intent was
prior to his involvement, but the last 30 days has been to
work something out.
No further questions were asked of Mr. Trubucco.
Mr. Dahl spoke again regarding the issue of lowering. the
billboard to 41 feet. He feels the picture of how that
evolved has been an accurate one portrayed, but-there should
be absolutely no implication that any kind of entitlement or
permission, formal or informal, came from the city. He does
not want it to sound like a subtle 'they worked with the
city on this thing' implication. Mr. Melcher has not stated
such but it was their idea and they did it for whatever
strategic reason they wished to.
He added the permit was pulled in February 1995 and it was
revoked in September 1995, but there .should not be an
implication that there was some kind of entitlement arising
from that. There were significant reasons why that permit
was revoked, the least of which because it was not. used in
the time required. One reason is because they did not own
the billboard that they were to relocate. .Lastly, they did
not have permission from the landowner, Mr. Dearing, at that
time to locate the billboard on that site. The city was
getting phone calls and letters from Mr. Dearing stating
they did not have the right to located on his site. They
have since then worked that out, and they do have the legal
right to put the billboard on that site. The issue is there
shouldn't be an implication that the city held them up on
this earlier permit. The permit got revoked at that time
because they did not satisfy the requirements to be able to
re-locate and they ran out of time.
Mr. Dahl continued saying in respect to the engineering
safety issue, Mr. Gidley had to mention it because it was in
the written staff report in front of the board, nothing more
needs to be said on that. Pretty significantly, there are
five other billboards floating around town and all-vary
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 25
around 50 feet, those were good decisions and the Board
should make that decision here too. Under the code there is
criteria that has to be met with this property and the
board's whole job here is looking at specific .pieces of
property. Every single one comes in with a different set of
facts; you say yes to some and no to others. The reasons
the board make decisions on them individually is whether or
not the applicant in each case satisfies the requirements
under the code, not whether the applicant last time
satisfied the code, and if that was true the board would
only have to do one of these, they can grant other setbacks
because it is pretty much the same as the last one. The
point Mr. Dahl is making is Mr. Melcher has a right to make
that case, but the test of the board's decision will. be what
was the evidence in this case and did the applicant satisfy
the requirements of the code in this case.
Mr. Dahl said with respect to the exhibits C-1 given, one
thing not mentioned at all tonight was the reason why the
sign got built 52 feet to begin with. The story as written
was there was other code provisions (PID, Industrial, Free-
standing) that all had different and higher numbers and they
weren't sure what the real limitation was and so they kind
of guessed and put it in the best place they thought where
everyone would like it. Mr. Gidley nailed down Chapter 26,
Article IV; 32 feet--and that is what applies here.
Exhibits C-2 and C-3 which are both permits which on the
document says 32 feet, and that bears upon the applicant
saying they weren't sure. Exhibits C-6 through C-l0A has to
deal with the argument that this is not really a billboard,
it is a sign. If it is a sign then the 32' does not apply.
The reasons for`all of these exhibits is because they are
mostly letters from the engineers and consultants hired by
the applicant. All of the letters say with respect to the
'billboard', and the point is all of the applicant's experts
call this a billboard. So if it is a billboard that means
the 32' requirement applies. If there had been any
realistic question as to what the real height requirement
was, instead of spending the thousands that were spent
building it to 52 feet, someone should have dropped a
quarter and given Mr. Gidley a call and said they were not
quite sure which section applies, and that didn't take
place. The billboard was intentionally constructed for the
reasons Mr. Melcher stated, but apparently they now feel 41
feet is the best. If the city is in the business of having
applicants come to us and telling us where they built it and
then they lowered it, we should feel grateful to that and
say yes then we do not have much more work to here at the
Board of Adjustment. Mr. Dahl did appreciate the present
owner saying he feels uncomfortable, but he did buy into a
WHEAT RIDGE BOARD OF ADNSTMENT
MINUTES OF MEETING: May 23, 1996
Page 26
situation that was existing. At the time this permit was
pulled, they could have run all the same fancy projections
at a whole lot less cost to determine whether a 32 foot
compliance billboard in-that location would have interfered
with other signs and whether they needed a variance and then
next file an application that they wanted to build a
billboard at 41 feet. That option was very available to
them. On behalf of the city Mr. Dahl asked for denial of
this application for at least failure to comply to
requirements 1,2,4,5,6, and 7 of the code.
Chris Melcher responded saying he would like to designate
the case files for the following cases in their record.
That would be 93-2, 91-29, 88-26, 87-6, 87-2, 84-37, 83-34,
and 82-8, and would like to designate in the record the
remainder of their exhibits here which he can give the court
reporter afterward. The first thing is they should not be
here asking forgiveness but come here asking permission.
That is the way it should have been done and never dispute
that is the way he and Mr. Trubucco wishes it had been done.
This is not a situation we want to be in, but fortunately
they are here now and trying to figure out the best
solution. The best solution for all property owners and the
City of Wheat Ridge is to try and find an accommodation that
benefits all property owners, and he submitted respectfully
that accommodation is at 41 feet in height. Mr. Melcher
said Mr. Gidley is right that you make the decision on
individual bases and case, however, no case in which you
have granted a variance has satisfied all nine of those
criteria, especially the self-imposed hardship. They are
here because they did not do enough homework and did not
come and ask permission first, even if they do not satisfy
all criteria,-this is a good situation for the board to make
an exception to grant the variance application. They did
put in our statement that the applicant understood the City
of Wheat Ridge wanted that billboard at 32 feet. It was
after seeing other properties, the applicant thought it
would be to everyone's benefit to make it higher. They are
not claiming it was unclear, but simply stating there is a
number of different regulations for heights. It is a
situation that merits a win-win situation, and he requests
that the board grant that application.
No further questions were asked.
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:
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 23, 1996
Page 27
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-96-11, 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
6. 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. ADJOURNMENT
Consensus was to adjourn the meeting. Meeting adjourned at
11:33 p.m.
1,
Mary L u hapla, Sec etary
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 23rd day of May , 1996.
CASE NO: WA-96-12
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
SANG "the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-96-12
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 there WERE NO 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.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-96-12 , be and hereby is DENIED.
TYPE OF VARIANCE: A 9' height to the 32' billboard height
requirement for property zoned Planned
Industrial Development
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 was specifically modified in Items
6, 8, and 9, as presented and 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.
Case No. WA-96-12/Resolution
Page 2
3. It is-.not the intent of the Board to 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.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Sang and
Walker
NO: None
DISPOSITION: MOTION FOR DENIAL CARRIED 7-0. VARIANCE REQUEST
DENIED.
D D this 23rd day of May, 1996.
pan.
OBERT WALx ~, Chairman Mary L u hapla, S cretary
Board of Adjustment Board o Adjustment
PUBLIC HEARING SPEAKERS' LIST
DATE: May 23, 1996
CASE NO• WA-96-12
• --. __ -
REQUEST: An application by C & E Communications for approval of a 22' height
Industrial Developmentlandalocatedhatr10501eWenl-e70rFrontage RoadeNorthnned
~ Position On Request
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Exhibits
City of Wheat Ridge• Case No_ WA-96-12
C-1
C-2
C-3
C-4
C-5
C-6
* BOA Jurisdiction § 2-61; 26-6(D)(2)(c)
* Code § 26.412(c)(4): Billboard height in B-2
* Code § 26-25(B)(3)(c) (PID Height equals 50 feet)
* Code § 26-25(B)(3)(i): Signage as specifically
detailed on approved final development plan, otherwise
follow requirements of chapter 26, Art. IV
* Code § 26-24(H)'(1): height in Industrial District
equals 50 feet for structures.
* Code § 26-24(H)(11): sign requirements in the indus-
trial district: Code of Laws, chapter 26, Art. IV
* Code § 26-410(e)(1): freestanding signs: 50 feet
* Code § 26-403: Definition. of Freestanding Sign;
Definition of Billboard Sign
* Building Permit No. 2449, dated December 29, 1995
* Building Permit No. 95-234, dated February 1, 1995
* Official zoning map of-Wheat Ridge
* Code § 2-32, Duties of P. Director.
* Letter dated March 12, 1996 to Christopher Carlisle
from John van Tussenbrock of T. Company of Peoria, AZ
C=7 * Letter dated March 12, 1996 to Christopher Carlisle
from Matt Yob of Metro Sign Service, Glendale, Arizona
C_g * Letter dated December 12, 1995 from Robert M. Read,
real estate director, Outdoor Systems to Glen Gidley
* Letter dated-March 15, 1996, to Christopher Carlisle
from G. 'R. Carstens of GRC Engineering, Inc.
C-10 * Lease Agreement between C&E Communications, Inc. and
Richard Dearing, executed on July 10, 1995 and Jan. 24,
1996 (from-staff report).
C-10A * Sign (Billboard) Lease dated January 24, 1996, between
Dearing and C&E Communications.
C-il * Amended Final Development Plan for the Becker
Industrial Park
GEDV53Q27~152196.1
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EXHIBIT
Cf •-~ _.,
m_:.. ~,
§ 26-25 / l5~ V7FIEAT RIDGE CITY CODE
using setback regulations established cleazly delineated on the plan, in-
in standard Wheat Ridge Commercial chiding areas used for parking, in-
Zonedistricts. Exceptions to those Stan- gress, egress, landscaping, etc. If
dazds maybe approved by city council, the commercial and residential
based upon a fmding that a lesser set- uses are mixed in the same
back would not be detrimental to the building or for other reasons
use and enjoyment of adjacent proper- cannot be clearly sepazated from
ties, would not negatively affect neigh- the residential area, the land at-
borhood propertyvalues, and would not tributable £o the commercial use
be otherwise injurious to the public shall be considered to be the
health, safety and welfaze. building square footage occupied
(e) Lot Coverage: Maximum ninety (90) by commercial uses, the required
percent. (See section 26.5 for defini- parking, and a proportionate shaze
tion.) of the common areas, such as
(fl Landscaping: Minimum ten (10) per- ingress-egress, landscaping road-
cent. (See section 26-32.) ways, etc. Commercial ventures
(g) parking. Based upon specific uses- (See solely for the use of residents, such
section 26.31.) as food service, laundry facilities,
(h) Fences and Walls: As specifically de- etc., shall be considered an ame-
tailed on approved final development nity rather than a commercial use,
plan, otherwise follow requirements of and the land and buildings occu-
section 26-30(I). pied by such uses are not required
(i) Signage: As specifically detailed on an to be subtracted from the total
approved final development plan, oth- acreage before computing the max-
erwise follow requirements of Chapter imum of twenty-one T2I) units per
26, Article IV. acre.
(j) Residential Use Conditions:
(8) Planned Industrial Development (PID)~
1. Residential uses shall not exceed
thirty-five (35) feet in height. (a) Allowable Uses: The Following uses
2. Residentiah uses, including associ- hereinafter listed shall be permitted
ated parking, 1'and used for build- only as specifically designated on the
ings, landscaping, etc., shall not ex- approved final development plan:
ceed twenty-five (25) percent of the 1, Any use permitted in the Light In-
gross area included within a paz- dustrial (I) District.
ticulaz Planned Commercial De- 2. ether uses approved by the zoning
velopment District. administrator which are similar in
g. Where residential uses are part of character and impact to those uses
a Planned Commercial Develop- spe~cally permitted under this
went, the land used for commer- ', section when consideration is given
cial uses shall be calculated sepa- to the intent and purpose of this
rately, and may not be included in section.
the land area used to calculate the g, Accessory uses and buildings cus-
maffimum of twenty-one (21) units tomarily associated with allowable
per acre mandated by the Wheat uses.
Ridge Home Rule Charter. To en-
sure this, where residential uses (b) Area: Each Planned Industrial Devel-
are part of a Planned Commercial opment District shall be minimum of
Development, the area used for one {1) acre.
commercial purposes shall be ~(c) Height: Maximum fifty (50) feet.
Supp. No. 5
1748
ZONING AND DEVELOPMENT
§ 26-25
(d) Perimeter Setbacks: Setback require- a. All outdoor storage facilities shall
ments for buildings adjacent to the pe- be enclosed by aview-obscuring
rimeter of a Planned Industrial Devel- fence, wall and/or landscaping
opment District shall be established which fully conceals such facilities
using setback regulations set forth in from adjacent properties, public
the Light Industrial Q) Zone District streets and pedestrian ways. Dis-
section 26-24.). Exceptions to those play of fmished products for retail
standards may be approved by city sale on the premises may be al-
council, based upon a finding that a lowed, as such would be allowed
lesser setback would not be detrimental
to the use and enjoyment of adjacent - and regulated in the Gl and C-2
properties, would not negatively affect districts.
neighborhood property values, and b. No materials or wastes shall
would not be otherwise injurious to the be deposited upon a lot in such
public health, safety and welfare. a Form or manner that they
(e) Lot Coverage:Maximum ninety (90) maybe moved from the Iot by
percent. (See section 26.5 for defini- natural causes or forces.
tion.) c. Ail materials or wastes which
(fl Landscaping: Minimum ten (10) per- may cause fumes or dust, con-
tent. (See section 26.32.) stitute a fire hazard, or may
{g) Pazking: Based upon specific uses. (See be edible or otherwise attrac-
section 26-31.) five to rodents and/or insects
(h) Fences and Wails: As specifically de- shall be stored only in closed
tailed on approved final development
plan, otherwise follow requirements of containers.
section 26-30(I). d. All toxic, corrosive, inflam-
(i) Signage: As specifically detailed on ap- mable or explosive liquids,
proved final development plan, other- gases or solids shall be stored
wise follow requirements of Chapter 26, in compliance with the cur-
Article IV. rently adopted fire prevention
(1) Performance Standards: The following code, Environmental Protec-
standards and conditions shall apply tion Agency standards, or
to the development, use, operations and other similar standards or re-
maintenanceofanyPlannedIndustrial quirements adopted by an
District hereinafter created, as well as agency of the State of Colo-
to any Planned Industrial District cre- rado.
ated prior to adoption of this section. 3. Noise. Noise shaIl be measured on
All environmental performance Stan- an ro line of the tract on
dards set forth are subject to the cri- y p ~~'
feria established in current federal, which the operation is located and
state or local regulations, whichever shall be muffled so as not to be-
criteria is most restrictive. come objectionable due to intermit-
tence, beat frequently, shrillness
1. Building enclosures. Every use or intensity. Noise shall be regu-
shall be operated in its entirety fated so as to be in compliance with
within a completely enclosed the Colorado NoiseAbatementAct,
building unless otherwise speci5- Colorado Revised Statutes, § 25-
cally provided by the approved 12-10I, as amended.
final development plan. 4. Odors. Odors from any use here-
' 2. Outdoor storage and waste dis- after begun shall not be discern-
posal:
#.
Supp. No. 5
1749
ZONING AND DEVELOPMENT
§ 2624
(10) Radiation control. Radiation and the utili- (b) Conditional and Special Uses: The min-
zation ofradioactive materials shall be reg- imum width of side yard shall be
Mated so as to conform with Colorado De- twenty-five (25) feet except as follows:
partment of Health's currently adopted 1. Thirty (30) feet where adjacent to
"Rules and Regulations Pertaining to Ra- a dedicated public street.
diation Control." - 2. Seventy-five (75) feet where a side
(11) Electrical radiation. Any electrical radia- Yard abuts property zoned Residen-
tion shall not adversely affect at any point tial, or where zoned Agricultural
any operations or any equipment other than and there is a residential struc-
those of the creator of the radiation. Avoid- tore within twenty-five (25) feet of
ante of adverse effects from electricai radi- the industrial property. There shall
ation by appropriate single or mutual sched- be a six foot-high solid decorative
Ming of operations is permitted. wall or fence and ten (10) feet of
landscaping adjacent to the prop-
(li) Development and Use Regul¢tions~ erty line.
3. Where a side yard abuts a railroad
1) Maximum keight. Fifty (50) feet. rightof--way, no side yazd setback
shall be required.
(2) Minimum Zot area. No limitation, provided (~ Rear yard setback:
that all other requirements can be met.
(a) Principal Permitted and Accessory
(3) Maximum lotcouerage. Ninety (90) percent. Uses: Ten (10) feet for aone-story
(See section 26-5 for definition.) building and an additional five (5) feet
per each additional story thereafter, ex-
{4) Minimum Zot width. No limitations, pro- cept as follows:
vided that all other requirements can be
met. 1. Any reaz yazd which abuts a public
street shall have a min;*num set-
(5) Finntyard setback. Fifty (50) feet m;,,+mum. back of fifteen (15) feet for all struc-
tures.
(6) Side yard setback: 2. Anyreazyazdwhichabutsapublic
alley shall have a minimum set-
(a) Principal Permitted and Accessory back for all structures of five (5)
Uses: Five (5) feet per story ni*+~**~um, feet from the edge of the alley.
except as follows: 3. Where a rear yard abuts property
1. Zero setback where structures are zoned Residential, or where zoned
constructed ofmasonry or nonflam- Agricultural and there is a resi-
mable material and in accordance dential structure within fifteen (15)
with the Uniform Building Code. feet of the commercial property, a
2. Thirty (30) feet where adjacent to five-foot-per-story landscaped
a dedicated public street, buffer and asix-foot-high solid dec-
3. Where a side yard abuts property orative wall or fence shall be re-
zoned residential, or where zoned quired adjacent to the property
Agricultural and there is a resi- line.
dential structure within fifteen (15) (b) Conditional and Special Uses: The min-
feet of the commercial property, a mum depth of a, rear yard shall be
five-foot-per-storylandscapebuffer twenty (20) feet except as follows:
and asix-foot-high solid decora-
tive wall or fence shall be required 1. Thirty (30) feet where adjacent to
adjacent to the property line. a dedicated public street.
~.
Supp. No. 5
1743
§ 26-24
WFIEAT RIDGE CITY CODE
2. Seventy-five (75) feet where a side
yard abuts property zoned Residen-
tial, or where zoned Agricultural
and there is a residential struc-
ture within twenty-five (25) feet of
the industrial property. There shall
be asix-foot-high solid decorative
wall or fence and ten {10) feet of
landscaping adjacent to the prop-
erty line.
3. Where a rear yard abuts a rail-
roadright-of--way, no reazyazd set-
back shall be required.
(8) P¢rhing requirements. See section 26.31.
(9) IJandsc¢pe requirements. See section 26.32.
(10) Fencing requirements. See section 26-30(D.
{lI) Sign requirements. See the Code of Laws,
Chapter 26, Article IV.
(Ord. No. 1989-801, § 6, 7-24-89; Ord No. 1
827, § 1, 49-9W
Sec. 26.25. Planned development districts.
(D SCOPE
There is hereby created a Planned Develop-
ment District to further promote the public health,
safety and general welfare by permitting greater
flexibility and innovation in land development
based upon a comprehensive, integrated plan. For
the purpose of applying certain regulations and
standards, and to ensure maximum flexibility of
this district, the district is divided into the fol-
lowing subdistrict designations, based on the pri-
mary land use of a proposed development plan or
portion thereof:
(A.) Planned Residential Development-PRD.
B) Planned Commercial Development-PCD.
(C) Planned Industrial Development-PID.
Q)) Planned Mobile Home Development-
PMHD.
(E) planned Recreational Vehicle Park Devel-
opment-PRVD.
(F) Planned Hospital Development-PHD.
By creating the above subdistricts, the city council
recognizes that all standards and regulations do
,not apply uniformly to all land uses. These sub-
districtsmay exist singly or in combination within
any approved planned development; provided, that
the specific standazds and regulations applicable
to the subdistrict are met.
(II) INTENT AND PURPOSE
(A) The intent of the Planned Development Dis-
trict is to promote the establishment of well-
designed, innovative developments which may not
be permitted by a standard zone district, however,
which may be permitted through the use of an
approved development plan by assuring greater
control and specificity of intended development
character, use, operations and maintenance, while
at the same time allowing flexibility and diver-
sity. This district recognizes the great variety of
land use intensities, densities, and environmental
and land use interfaces which are possible. The
protective standazds for site use, development, op-
erations and maintenance contained herein are
intended to m;n;.n;ze any adverse effect of the
planned development to the community by
achieving maximum compatible integration of
land uses, by assuring adequate provision of public
services and facilities, by preserving the aesthetic
qualities of the area, and by providing for safe
and efficient use of the land resource itself. It is
the specific intent and requirement that ali land
under consideration for a planned development
designation and all land so zoned shall be and
remain under unified wntrol throughout the pian-
ningand development phases, as well as after de-
velopment through continuous operation, use and
maintenance. "ilnified control," for purposes of
this section, shall mean that the property shall
be:
(1) Subject to a single ownership, either by an
individual, corporation, partnership or other
'legally recognized 'entity; or
(2) Subject to a comprehensive management
agreement, or other form of agreement
(which shall be denominated a "Unified
Control State"), which specifies that a dis-
tinct person or entity possesses and main-
tains the authority to make binding com-
mitments on behalf of and thereafter to
enforce implementation of those commit-
Supp. No. 5
1744
§ 26-010 WHEAT RIDGE CITY CODE
Sec. 26.410. Permitted signs; specifications (6) Maximum height in PRD District, with
and regulations. - commercial uses and for commercial uses
only, twenty-five (25) feet.
(a) Animated. Size of sign is based upon the
sign type (i.e., freestanding, wall or projecting). (7) Must beset back a minimum of ten (10) feet
See subsections (e), (i) or (o) below. from any property line.
(b) Arcade:
(1) Nonresidential uses and Class II home oc-
cupations only.
(2) Maximum height, bottom of eave, balcony,
canopy, awning or other structural over-
hang orpassageway to which it is attached.
{3) Minimum height, seven (7) feet above grade.
(4) Maximum one (1) per building entrance for
nonresidential uses; only,one (1) per each
residence for Class II home occupations.
(5) Maximum azea, four (4) square feet for non-
residentialuses, two (2) square feet for Class
II home occupations.
(c) Bulletin boards:
(1) Nonresidential, nonagricultural and
multiple-family uses only, as specified under
section 26.407(2).
(2) Maximum area, thirty-two (32) square feet.
i3) Maximum height, eight (8) feet.
(4) Maximum one (1) per street frontage.
(5) Must be set back a minimum often (10) feet
from any property line.
(d) Freestanding-Residential districts
(1) Permitted only for nonresidential, nonagri-
cultural and multiple family uses.
(2) Maxiinum sign area is two (2) square feet
for each one thousand (1,000) square feet of
lot area, with a maximum of thirty-two (32)
square feet per sign.
(3) Maximum of one (1) per street frontage.
(4) Maximum height in R-1, R-lA, R-1B, R•1C,
R-2, R-2A and A-1, districts, six (6) feet.
(5) Maximum height in R-3, R-3A, and PRD
districts, without commercial uses, twelve
(12) feet.
(8) May be illuminated.
(e) Freestanding-Nonresidential districts:
(1) Maximum height: Twenty-five {25) feet; pro-
vided, that signs for retail and service busi-
nesses within one-quarter mile of an inter-
state highway, that are oriented to the
interstate highway, are permitted one (1)
freestanding sign up to fifty (50) feet high.
Any other permitted freestanding sign shall
not exceed twenty-five (25) feet in height.
(2) Maximum number of signs per develop-
ment: One (1) per street frontage, not to
exceed two (2) per development, except as
may be permitted by a master sign plan
pursuant to section 26-411.
Where two (2) freestanding signs are per-
mitted byvirtue ofmultiple street frontage,
the sign area allowed may be transferred
from one {1) sign to another; provided, that
such transfer does not allow the lazger sign
to exceed one hundred fifty (150) percent of
the maximum area allowed based upon
building area. Additionally, the sign area
allowed For the smaller sign shall be re-
duced two (2) square feet for each one (1)
squaze foot transferred (e.g., two (2) signs
are allowed on a corner lot up to one hun-
dred (100) square feet each. One sign could
be increased to one hundred fifty (150)
square feet; however, the other sign's area
was transferred 2 for 1, therefore, the other
sign would not be allowed.)
(3) Sign setback requirements:
a. From ac~jacentproperties-Ten (10) feet
where adjacent to residential-zoned
properties; no setback where adjacent
to nonresidential-zoned properties.
Where a sign exists on an adjacent
property and that sign is within twenty
(20) feet of the proposed location of a
new sign on the adjacent property, an
~.
Supp. No. 7 1834
§ 26-401
WHEAT RIDGE CITY CODE
and to provide a sense of balance or propor-
tion between a sign and the building or
property which it serves;
(6) To encourage the erection of signs which
are legible in their surroundings, compat-
ible with the visual character of the sur-
rounding azea, appropriate to the activities
identified; and
(7) To ensure that adequate and effective ad-
vertising signageopportunities exist within
a regulatory framework which protects the
constitutionally guaranteed right of free
speech.
(Ord. No. 1991.860, § 1, 5-2-91)
Sec. 26-402. Supersession.
The terms and provisions of this article shall
prevail in the event of any conflict between the
provisions hereof and any ordinance of the city
heretofore enacted.
(Ord. No. 1991-860, § 1, 5-2-91)
Sec. 26.403. Definitions.
For the purposes of this article, the following
words and phrases shall have the meanings re-
spectively ascribed to them by this section:
Anim¢ted sign. A moving sign that utilizes mo-
tion, implied or actual, in a horizontal or vertical
plane or both. The only animated type of signs
that are permitted are "time and temperature"
and "barber pole" signs.
Arcade sign. Any sign projecting beneath and
attached to the underside of any balcony, canopy,
awning or other structural overhang or pas-
sageway.
Artistic mur¢l or sculpture. A freestanding
statue or sculpture or a graphic illustration or
design, or an architectural design ar relief applied
directly to or inwrporated within a wall of a
building, which does not advertise or promote a
particular business, service or product. A com-
pany, firm, association, society, etc., logo is not
considered within the scope of this definition and
is considered a sign.
Awning. A movable shelter supported entirely
from the exterior wall of a building and/or a type
which can be retracted against the face of the sup-
ingbuilding.
Billbo¢rd. Any sign in excess of fifty (50) square
feet in size utilized to advertise a product or ser-
vice that is not produced or conducted on the same
property as the sign.
Building front. The exterior wall(s) of a building
facing a public street or streets or other public
right-o£•way other than alleys, or one exterior wall
containing the primary entrance to the building if
not directly facing upon a public street.
Bulletia bo¢rd. A sign which announces meeting
times or special events of public interest such as a
church service, civic meeting or similar event. (See
section 26-410(c))
Canopy. Aroof-like structure serving the pur-
pose ofprotecting vehicles and/or pedestrians and
which may be Freestanding or attached to a
building, is provided with supports, and is open
on three (3) sides if attached and on all sides if
freestanding.
Ch¢ngeable copy sigrz. A sign, either illumi-
nated or nonilluminated, which is designed so that
the message or any part of the message may be
periodically changed, either mechanically or elec-
tronically, however, where a change in message
occurs no sooner than every fifteen (15) seconds.
Any sign wherein the message changes sooner
than fifteen (15) seconds shall be considered a
flashing sign.
Development. A single iot, pazcel or tract of land
or portions or combinations of lots, parcels or tracts
of land which are held in single or common own-
ership and which exist as a distinct functional
entity. Multiuse buildings and multiple building
complexes which are held in singular or common
ownership, either by individual, corporation, part-
nership or other legally recognized entity, shall
be considered a "development" for the purpose of
signage.
Erect. To build, construct, attach, hang, place,
suspend, affix, relocate or reconstruct any sign ar
sign-supporting structure.
FZ¢shing sign. A sign that is illuminated with
intermittent lighting, animated lighting or with
varying intensities of light at intervals of fifteen
Supp. No. 7 182$
ZONING AND DEVELOPMENT
(15) seconds or less, including a moving light or
lights.
Freestanding sign. A sign that is permanent and
self-supporting, being nondependent on support
from a buildingor other structure, includingsigns
laced upon fences or nonsupporting walls.
Itiuminated sign. A sign that is illnm+*+ated with
constant intensities of light of a nonvarying na-
ture. There are three (3) types of ill„r.,~.+Ated lights
as follows:
(1) Direct. Lighting by means of an unshielded
light source which is effectively visible as a
part of the sign. Neon lighting is consid-
ered direct lighting.
(2) Indirect. Lighting which illuminates the
front of a sign or the entire building facade
upon which the sign is displayed, the source
of the Light being shielded from public view
and from surrounding properties. Indirect
illumination does not include lighting
which is primarily used for purposes other
than sign illumination, such as pazking lot
light.
(3) Internal. Lighting by means of a light source
which is within a sign having a translucent
background and which silhouettes opaque
letters or designs, or lighting within or be-
hind letters or designs which are them-
selves made of translucent or opaque ma-
terial.
Informational sign. A freestanding orwall-type
sign, not located within public street rightof--way,
which gives necessary direction or nonadvertising
information to motor vehicle operators or pedes-
trians, such as entrance, exit, pazking limitations
or location of on-site buildings or facilities. A com-
pany logo or name no larger than one (i) square
foot may be included on each such permitted sign.
Lot. A tract, building site, parcel or portion of
land separated from other parcels or portions by
description, as on a subdivision plat of record or
survey map or by metes and bounds, for the pur-
pose of sale, lease or use.
Nonconforming sign. A aign which does not con-
form with the regulations set forth in this article,
but which did meet the requirements of the reg-
ulations existing at the date of its erection.
§ 26-403
Off-premises sign. Any sign, fifty (50) square
feet or smaller, which'advertises or duects atten-
tion to a business, commodity, service or activity
conducted, sold or offered elsewhere other than on
the property which the sign is located.
Painted sign. A sign that is painted directly onto
the exterior surface of a building, wall or struc-
ture.
Political sign. A noncommercial sign, which is
exempt from permit requirements, erected or
placed so as to advertise, announce, declare or
state a political message, whether relating to a
political campaign or election or any other issue
of public concern which is protected by the FSrst
Amendment's right of free speech.
Portable sign. Any sign which is supported by
one (1) or more uprights or braces upon the ground
and which is of portable design.
Projecting sign. A sign which is affixed to any
building, wall or structure and which extends be-
yond the building wall more than fifteen (15)
inches.
Public information sign. A sign giving only in-
formation about public places owned and oper-
ated by federal, state or local government.
Public sign. An official sign that is required by
law or ordinance or is necessary for public infor-
mation.
Revolving sign. A sign utilizing an axis point to
pivot the sign surface. Revolving signs aze specif-
ically prohibited.
Roof sign. A sign erected, constructed and main-
tained above the eaves and attached to the roof of
a building. Roof signs are specifically prohibited.
Semipublic sign. A sign giving information as
to church location, educational institutions or ser-
vice club locations.
Sign. Any object or device or part thereof situ-
ated outdoors or indoors, viewed from outdoors by
the general public, and which object or device or
the effect produced thereby is used to advertise,
announce, identify, declare, demonstrate, display,
instruct, direct or attract attention by means in-
~.
Svco. Na. 13 1829
v~.a e~.v mG9. Vf, C-u-..~.~uv~a r+/rv UCV GLVI-IYICIV 1 tSUIlOIC7tJ. r'tll lllit IVU(TIDer : L44y
BUILDING tNSFECTION DIVISION - 235-2855
;.YPz. CITY OF WHEAT RIDGE Date : 12/29!95
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
~~Properfy Ownerr: .
PropertyAddress : 10501 I-70 FRONTAGE RD N Phone
Contractor Licerise No.
~ ~ ~ Company : Phone
OWNER/CONTRACTORSlGNATURE OF UNDERSTANDING AND AGREEMENT
thereby certify that the setback distances proposed by this permit appliption are accurate,
and do not violate applicable ordinances, rules or regulations of the City of YJheat Ridge or
wvenants, easements or restrictions of record; that all measurements shown, and allegations
made are accurate; that I have read and agr abide by ail conditions printed on this
application, and that i assume full respo ~ , ityympliance with the Wheat Ridge Building
Code (U.B.C.} and all other applipbl e t g, ordinances, for work under this permit.
(OWNER)(CONTRACTOR) SIGNED, `A''~ ~--- DATE~t7
Description : BILLBOARD 14' X 48' 32' BILLBOARD
Construction Value : $25,000.00
Permit Fee : $252.00
Plan Review Fee : $O.OD
Use Tax : ~'o-u
Total: $~0'
a
50' SETBACK SOUTH, 5' SETBACK WEST
BUILDING DEPARTMENT USE ONLY
o IngTn
Approval : GG 12/29195
Zoning : PiD
Bui[ding:Co
Approval:
Public WorRs°(3
K.x ..nn. s...... M.
Approval
Occupancy : Walls
APPROVED PURSUANT TO WHEAT RIDGE CODE SECTION.. 2612
APPR}OXIMATELY1O7701 W 44TH AVE ILBOARD LOCATED AT
** PROPERTY OWNER: DANIEL DEARING DBA AS HIGH COUNTRY
AUTO BODY) ***COMPANY : C & E COMMUNICATIONS
Roof : Stories : Residential Units
~v
G,
Electrical License No : Plumbing license No : Mechanical License No
Company
Company
Company
Expiration Date : - .Expiration Date : Expiration Date
Approval : Approval : Approval
~P~aSis;Req,_. ~1 t§ :Rrr~~-,---- ~F{-ans~7t~au" iPQ'8
(t) This permN was issued In aaordance with the provisions set forth in yopur appliption and is subject to the laws of the State of Colorado and to the Zoning
Regulations and Building Code of Wheat Ridge, Colorado or any other applipble oNinances of the Ciry.
(2) This permit shall expire rt (A the work authonzed is not commenced within sixty (60) days from issue date or (B) the building authored is suspended or
abandoned for a period of 1 }2o days.
(;) If this permit expires, a new permit may be acquired fora fee of one-half the amount normally required, providetl no changes have been arwili be made in the
odeimzl plans and specrFiptions and any suspension or abandonment has not exceeded one (7) year. If changes are matle or ff suspension or abandonment
exceetls one (1) year, full tees shall be paitl for a new permit.
(4) Nowori<of any manner shall be done that will change the natural flow of waterpusing a tlrainage problem.
(5) Contmdor shall notify the Building Inspectortwenty-four (24) hours in advance f all inspections and shall receive written approval on inspection card before
proceeoiing with successive phases of the 7"ab.
(b) The issuance of a nnit or the approval of tlrawings antl specifiptions shall n trued to be a perm8 for, nor an approval of, any violation of the provisions
of thebuiltl~ es or an other~nce, taw, mle or regulation.
~? EXHIBIT
L~ -
Ch~f''Building Inspector ~' ~2.
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BU[LDlNG INSPECTOR
CALL: 234-5933 24 HOURS PRIOR TO INSPECTION
~,;J
.. r,; ='
utNAH;TMttV,"f OF PLANNING AND DEVELOPMENT Building Permit Number : 95-234
BUILDING INSPECTION DIVISION - 235-2855
CITY OF WHEAT RIDGE Date :2!1!95
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
Property Owner : NATI L AUTO/TRUCKSTOPS INC
Property Address : 1 51 44TH AV Phone :808-4863.
Contractor License No.:. ~~7 ~~ Q /~~
Company : ~Q s4 ~ ~ Phone
OWNER/CONTRACTORSIGNATURE OF UNDERSTANDING AND AGREEMENT
1 hereby certify that the setback distances proposed by this permit application are accurate,
and do not violate applipble ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restrictions of record; that all measurements shown, and allegations
made are accurate; that I have read and aggree to~abide by all conditions printed on this
application, and that I assume full responsibilityy~for compliance wdh the Wheat Ridge Building
Code (U.B.C.) and all other applicable Wh~Ridge ordinances, for work under this permit.
(OWNER)(CONTRACTOR) SIGNE~S ; ~ f ~ I~,TC~ ~ ~ ` ~ `i'_
Construction Value : $25,000.00
Permit Fee : $252.00
Plan Review Fee : $0.00
Use Tax : $300.00
Total: $552.00
Description : BILLBOARD 14' X 48' X 32' HIGH (C& E COMM., INC. CHRIS CARLILE, 4926 SW CORBETT, #205
PORTLAND, OR 97201 (503)452 7817,370-0262
BUILDING DEPARTMENT USE ONLY
Approval
Zoning
iTr~e_itT`sc
Approval:
i~~f~vo5'~~1j
Approval:
Occupancy : Walls : 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:
(t) This permit was Issued in accordance with the provisions set forth in yopur apprication antl is subject to the laws of the Sfate of Colorado and to the Zoning
Regulations and Builtling Cotle of Vuheat Ridge, Coloradoar any other applicable ordinances of the City.
(2) This pertng shag expired (A) the work aufhonzed is not commenced within sixty (66) days from issue date or (B) the building aumodzed is suspentletl or
abandoned for a pedod of 12g days.
(3) tt this permit expires, a newpennil may be acquired for a fee of one-half the amount nonnalty requiretl. provitled no changes have been or will be made in the
original plans and speci(cebons and any suspension w abandonment has not exceeded one (1) year. If changes are made or if suspension or abandonment
exceeds one (i) year, WII fees shall be paid (or a new permit.
(4) No work o(any mannePShall be tlone That will change the naWral flow of water causing a tl2mage problem.
(5) Contractor shall noldy Ne Building Inspector hventy-four (24) hours in advance for all inspections and shall receive written approval on inspection card before
proceediing with successwe phases of fhe lob.
(6) The issua of a permit or the approval of dra. wjpgs and speraficafions shall not be consWed to be a permit for, nor an approval of, any violation of the provisions
of the bui in codes of any other ordinance, yyr rule or regulation.
dng Inspector
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR
CALL: 234-5933 24 HOURS PRIOR TO INSPECTION
EXHIBIT
~ '.,. -
§ 2-31
WHEAT RIDGE CITY CODE
(14) Making or directing field inspections of all
municipal construction and repair work and -
issuing permits for same, as applicable.
(15) Preparing and justifying the budget of the
public works department.
(Code 1977, § 2-13)
Cross reference-Streets and sidewalks, Ch. 21.
Sec. 2-32. Duties of director of planning and
development.
The director of planning and development works
under the immediate supervision of the city adminiw
trator to accomplish the following functions:
(1) Providing professional advice and guidance
to the city council and planning commis-
sion on all matters relating to planning
and zoning.
(2) Providing professional advice and guidance
to the board of adjustment.
(3) Presenting the findings and decisions of
the city planning commission to the city
council.
(4) Reviewing and checking of all matters re-
lating to proposed annexations and mak-
ing recommendations thereto.
(5) Reviewing and checking subdivision plans
in preliminary and final form and assign-
ing addresses in platted and unplatted areas.
(6) In coordination with the city engineer, re-
viewing all matters relating to city streets,
easements,rights-of-way and changes of street
names and preparing information for any
required ordinances relating thereto.
(7) Reviewing all rezoning applications, both
in the city and within the city planning
area and making recommendations to the
city planning commission relating thereto.
(8) Reviewing and processing all p0titions re-
lating to assigned functions.
(9) preparing and presenting special commis-
sion and task force reports.
(10) Developing and maintaining the city com-
prehensive plan.
(11) Developing city long-range planning, includ-
ing land-use planning, physical development
of the city and community, and developing
and implementing state and federal grant
programs relating to assigned functions.
(12) Maintenance of files and a library as re-
quired to support all functions and to pro-
vide prompt assistance to both public and
private agencies and individuals concerned
with physical development of the city and
area.
(13) Inspecting all new construction in the city,
including additions to structures.
(14) Checking the plans for building wnstnlction.
(15) Providing public information on building
safety and construction regulations.
(16) Checking the quality of construction material.
(i7) Determining the qualification of contractors
for licenses and advising the mayor on the
issuance of such licenses.
(18) Organizing and directing the city's code
enforcement program to include nuisance
abatement, complaints, sign control and
building occupancy enforcement standards.
(19) Coordinating the submission of federal or
state grants.
(Code 1977, § 2-19)
Cross references-Birildings and building regulations, Ch.
b; caning and development, Ch. 26.
Sec. 233. Duties of animal-park enforcement
officers.
Pursuant to the provisions of C.R.S. § 30-15-105
and the Colorado Municipal Court Rules, the city
animal-park enforcement officers are hereby des-
ignated as peace officers and shall be authorized
to issue, sign, and serve summons and complaints
and to make. all the discretionary determinations
required in order to enforce the provisions of chap-
ters 4.15 and 17, chapter 20, articles II and III
and section 16-64:
(Code 1977, § 4-1.1)
Cross references-Animals and fowl, Ch. 4; parks and
recreation, Ch. 17. ~ ~ - '
158
~ , E X~H~1~817
=--~- -
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 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, treasured 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 regazding the abovenamed billboard sign structure. If
you have any questions in this regard, please call me at the above number.
,.
~ ~"i
Van Tussenbroek
EXHIBIT
~~~
Metro Sign Service
P.O. Box 20296
Glendale, Arizona 85318
{602) 564-7705
March 12, 1996
Christopher Carlile
President
C & 1; Communications, Inc.
4926 SW Corbett, Suite 205
Portland, Oregon 97201
Re: Billboard Sign Located at 10501 W. 48th Avenue North,
Wheat Ride Colorado -, ..
Dear A'Ir. 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 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
lien's footer and the use of special fast-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
EXHIBIT
_: ~=`7
December 12, 1995
Mr. Glen Gidley
Director
Department of Planning & Development
CITY 0~' WHEAT RIDGE
7500 W. 29th Avenue
wheat Ridge, Colorado 80215
Re: Billboard Applications
Dear Mr. Gidley:
Chris Carlile of C & E Communicaticrs is authcrized to represent
our company in the following matters.
Outdocr Syetems will remove the second of our two billboards from
7701 W. 44th avenue in exchange for being granted a pexmit to
install a billboard in December 1995 at the ncrth side of Z-70 west
cf Tabor on the Lakemont Center property.
Yours,
Robert M. Reade
Real Estate Director
~~: 1 ~
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4~~1 -ate ~ EXHt81T
"C ~ ~-
Phoenix Tucson Denver Houston • Atlanta Columbus Louisville New Orleans
GRC Engineering, 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 Rime 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, certified as true by the construction contractor, regarding the installation
and erection of the abovenamed sign:
(i) the contractor excavated a hole on die property for the purpose of securing
the billboard sign column; the hole was [7'6" 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 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 fodter 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 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
~ EXHIBIT
J
~'
s
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
(;&E COMMUNICATtOtvS. ~+~x:.
_ 4926 5l9 totbett, Suite 205
Portland, Oregon 47201
Phone 1503} 452-7817
Den9et (3031370.0262
1. The undersigned, as Lessor hereby leases and gams exclusively to C&!r
Commtmication Inc., as I ESSEE, the real Property desenbed as,
Adreess:
in the city of Wheat Ridgq Ct). ("hereafter identified as the "Premises") :for the purpose
of constructing and maintaining one Billboard and devices, irteiuding illumination
5ittures and all necessary equipment for a period of twenty years beginning with the
signi no of this lease. The t,e:~see shall have tfie right to erect, place and maintain
advertising sign and equipment on the premises and post, paint, illuminate and
advertisement on such structure. A IegaI description of the Premise is attached herero as
Exhibit «A"
2. Upon signing of the lease, Lessee has paid the lessor as consideration for lessor's
entry into this lease stmt of 5100:00, receipt ofwhich payment is hereby acknowledge
by Lessor. The lessee agrees to pay the lessor an annual rental of 5 9600.00 payable in ~~ .
advance to i.essor at the above address gym/
~~:~ when the property is actually oeetrpied, tlpayment will V"
continue without interruption for the full lease term. There will be a 10% increase in the
yearly rental at the end of every fifth year.
3. All structures, equipment and materials placed upon the premises by he Lessee shall
not be deemed o be a fixture and shall always remain the `Persona] Property" of the
Lessee and may be removed by the Lessee in accordance with the teens of this.lease.
t
4. Lessee shall save the Lessor harmless from all damage to persons or property by
reason of accidenu resulting from the negligent act of irs agmis, employers ar others
employed in the construction ,alteration, maintEnance, repair or removal of its persanai
property. Lessee shalt provide lessor with as insurance policy to cover the above and any
damage caused by the sib itself.
EXHLBIT
~ ~y-~C7
5. Lessor hereby grants lessee and lessee's persormel the right to ingress and egress over
Lessor's premises for the propose of erecting, altering, maintaining, repairing and
removing the structure, sign display, illumination devices and related equipment at all
times during the term of the lease. The above requiremems must be performed during
worlrirtg halos of the Lessor.
6. The Lessor agras not to obstruct ar permit arty other person to obstruct the view of
the advertising display or devices on Lessor's property maffies whatsoever and Lessor
grants to Lessee as easeme~ for light and air over y CeWtiguons real property mined or
cammtledbyLessor. u.~~.w.. Four Ce~~ ~g/~~j
7. This lease camains the sole agreement of the parties relating to the lease of the above
described premises. Neither party will be bound by any statemem or promises, oral or
written, unless such statements, warranties or promises are set forth specifica]ly in the
lease_
8. Unless specifically stated otherwise herein, the Lessor regtesents and warrants that
Lessor is either the owner or the agerrt of the owner ofthe premises above desrnbed and
has full authority to make the lease.
4, All persona; property tax, real property tax or other associated with sign sha;1 be
borne by Lessee. Any assessments levied or other charges made by city, state, county, or
other governmental entity relating to the sign shall be home by lessee.
l0. The terms and conditions of the lease shad be interpreted and applied in good faith
by the parties. Fzch party agrees not to directly or indirectly attempt to circumvent the
intent of this lease by means of transfers of mar property or otherwise which wool d
frustrate the purposes of this tease.
11. Lessee agrees that this lease maybe subordinated to the interest of existing and
future mortgagees. However, in the event that lessor is in default under any mortgage,
lessor shall promptly notify lessor of such default and lessee shall have the option to
cure;essor's default directly with the mortgagee and credit such mortgage paymrnts
against rental payments due under the lease.
12. Upon approval by Lessor, Lessee shall have the right to sub-lease, transfer, or assign
this lease to others iaciudtag tree ownership or the personal Property. Nance of such sub-
lease, transfer ar assignment will be promptly given by Lessee to Lessor. All the terms
and conditions of this lease shall continue m apply to Lessor, and the Sub-le_csee,
transferee or assignee of Lessee.
13_ ~~ may remove the Personal Property and related improvemenu at expiration
of this lease ar during the terms of this if lessee is unable to obtain necessary
govertuneutal permits. Tlowever, if Lessee has cotomenced making rental payments, then
Lessee may only cancel this lease by paying,Lessor an amottnt of money equal to twelve
months of rent under this least.
14. If either part of the rest property on which the sign display is located or if the
personal Property can ao longer be used for the sign display as a result of ffiking by right
of eminent domain of other goven~.tnetital action, dsalages for the leased premises and
the lass of the use of Personal Property shalt be awarded solely to the Lessee. At such
time as Lessce in longer able to advefise on the sign, Lessee's rental obligations under
this lease shall end
15. All of the rights and obligations under this lease shall apply to and bind to the heirs,
successors, executors, administrators, transferees, assign and sub-lessees ofthe parties
hereto-
16. This lease is effective upon signing by Lessor and Lessee. Either party may record
this lease or a memorandum thereof.
This lease is being signed by Lessor in the presence of
who has been regye§ted to S i ~ witness.
~ ~ ~ ,,U
Lessors}~~`y s~.~=----~ ~-''~~~~`7 JD~9.~
(6A•1JUJ.UI J414J JUG +~
Addendum
C & E. Communications, Inc. agrees that the content of any advertising placed on signs
erected on the Premises shalt be limited to advertisements or commerriat establishmenu,
services or products including, but not limited to, the hospitality industry (such s
restaurants, hotels, motels, resorts, vacations packages and similar establishmenu and
services), the petroleum industry (such as petroleum products, service stations,
beating oil and gas products}, the food and beverage iodusay (but excluding the items
mentioned below), the communications industry (such as teIephoaes, televisions and
related equipment, musical and computer products), the home improvement industry
{such as furniture, horns furnishings, hardware supplies and home appliances), tfie office
products industry (such as copiers, fax machines and similar products}, the transportation
industry (such as motor vehicles, airlines, cerise ships and similar products), and the
entertainment industry {such as ttreauics concerts, movies, conventions artd special
evertts). Th aI~6 never be any type of auto body repair adverrising that would
/ /
~ r
s Carille ~"`
Date: `~~``b -~ ~ Date. ]-/O-~~
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 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.
_.
...._
exH-s-_x_
~~
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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 18` 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.
l__„., 2
\~~ _ _ _ _
dj~ j'b; I NIT
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 he 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 b-orn 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.
3 ~'
~~
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4
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 recozd this Lease or any memorandum thereof.
,__"_
~ \.
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4
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IN IT
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 ~,so tearing '
Daniel FZ. Dearing
Address: /G'S(+l 1'v `~~' ~~~ L-?''=`'~t^
J '
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
'-~ ~ ~/- j
Date
-a~-9~
Date
THE FOREGOING instrument was acknowledged before me this a~~
day of January, 1996, by Debra Lee Dearing and Daniel R. Dearing,
as Lessors. __ ,-
/.
.,~nuwunn„- ~1.~i.,-. ,J I r ~fZ~~
.` C ~%
>:~~ im
a : •o~~G i O
arF OF GQ`\\\~~
`~~ ...
Notary Public
My commission expires: 12/28/97
5
~~
~~dST.
LESSEE:
C & E Communications, Inc.
By: Chris Car ile, /Prresident / ate
Address: ~-1`IGf--, ~ ( ~tx` ~ "~, ~. ~ Zc~ _. _ '. _
STATE OF l-c%lU (Ll ~ U ) _
)_ss.
Cc.~t,~SCOUfITY OF~L 2rt/er' ) _ _
~ pfJe FOREGOING instrument was acknowledged before me this ~~
Q`~Ha anuary, 1996, by Chris Carlile, President of C & E
P;, y .
~; Co ~~c ions, Inc., as Lessee.
_ gl~~`t'AAM ! ~~
/fig' Notary Public
~~
My commission expires:
ATTEST : My Commission Fzpires Now 23,1998
410 i71h SVee4 22nd Fbor
Q~rm~, CN.ando 80272
Secretary
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FtiONE ham. : 393 674 1837
DISTRT.CT COURT, JEFFERSON COUNTY, STATE OP COLORADO
Case No. 96CV1298, Division 9
Jui. 24 1996 11:31FC1 P09
~E
f
WAIVER AND ACCF.I'TANCI; OH' SERVICE
C&E~COiV11ti1UNICATIONS, INC.,
Plaintiff,
v.
CITY OP WHEAT' RIDGE BOARD OF ADJLJ51iVIENT, and ROBERT WALKER, THOMAS .
L. ABB07'T, I'A1JL.HOVLAND, SUSAN 7UN1{)rR, WILLIAM ECHEi-MEYER, lE1ZRY
SANG, and LINDA MAtTRO, IN '1'HF~iR OFFICIAL CAPACITIES AS MEMBERS OF TIiF
330ARD, and GLEN GIDLEY, IN IiIS OFFICIAL CAPACITY AS DIRECTOR OP
PLANNING AND DEVL'LOPMFNT FOR THE CITY OF WHEr1T RIDGE,
i
Defendants.
I, Gerald E. Dahl, City Attorney fot' the City of Wheat Ridge, Colorado, state tltat I alit
authorized to accept service and do hereby accept service nn behalf o{the Defendants identified
in the above-captioned cast, of the Summons and Complaint in die ahnve-captioned action,
freely and voluntarily, waiving the reiiuireinents for 6ervice by a person over tilt age of IB
years, not a party to dais action. .
DA'i'I:D this (day of July, 1996.
GetdlB E.. Dahl
City Attorney for Wlieat Ridge, Colora{d:~ ~'.'
1401 Seventeenth Street, Suite 1100 ~ .
Denver, Colorado 80202
FP.OM DRHC-- _ PHONE ND. : 303 674 1837 Jul
2
' DISTRICT COURT, JL1~FI:RSON CO[INTY, STATE OF COLORADU
Case No. 96CV1298, Division 9
C&l: COMMUNICATIONS, INC.
Plaintiff,
v.
SUi!'IVi IONS
24 1996 11:31PM
:!
.~
CITY OF WJ:IIAT RIDGE BOARD OP ADJLISTa'41EN'1', and ROBERT WALKER.
THOMAS L. ABBOTT, PAUi. HOVLAND, SUSAN JLJNKF..R, WII_LIAy1
ECHELMLYrR, JTRRY SANG, and LINDA MAURO, IN TI3P,IR OFFICIAL
CAPACI'T'IES AS MEMBERS OF THE ]30ARD, xnd GLEN GTDI.F.Y, IN HIS OFFICIAL
CAPACITY AS DIRECTOR OP PLANNING AND DEVELOPMENT FOR TJ~ir CITY CSF
WId1;AT RIDGE,
Defendants. ~ ~ .
'I'IIE PEOPLE OF '1'IiP. STATE OF COLORADO
To: TIIE AI30YE-NAMED llLFENDANTS
You arc summoned and required to file with the Clet~C of this Court an answer or
other raapottse to the attached Complaint within twenty (20) drys after this Summons is
served on you in the State of Colorado, or within thirty (30) days after the Sununons is
screed on you outside the State of Colorado.
If you fail to file your answer or otter response to the Complaint in writing within lltc
applicable time period, judgment by default may be entered against you by the court fC+r the
relief demanded in the Complaint, without any further notice to you.
The following documents arc also served with this Summons: Complaint
Date:. v
BROWNSTEIN,HYATT FA L'R ~
5TRiCKLAND, P.C ••
Y. Cole Finegan, ~t16353
Christopher J. Melchor,. {26749
470 17th Strcct, 22nd Floor
Denver, Colorado 80202
303=534-G33;5
'rhi.; Sanuunns is issued pareuant to ILuic 4, C.R.C.P., as amended. A copy or the Co+nplni++t mnsE Lr. served w'i(b ~fl,t
$uuvnons.
P10
FROM : DAHI.
-- PHONE NO. 303 574 1837
DISTRICT COURT, JEFFL-RSON COIJ1rTX, STATE O ,. C~~„Q~ADO
9 1:...
Case No. ,.._..
Jul. 24 19G6 11:32PM
~~:
'!
:.i '
C&E COMMUMCATIONS, INC., ;
Plaintiff,
v.
CITY OP WHEAT RIDGE BOARD OF ADJUSTMENT, and ROBERT WALKER, THOMAS
L. ABBOTT, PAUL HOVLAND; SUSAN JUNKER, WII,LL4M ECAELMEYER, JERRY
SANG, and LINDA MAURO, IN THEIR OFFICIAL CAPACTTIES AS~MEMBERS OF THE
BOARD, and GLL-N GIDLEY, IId HTS OFFICIAL CAPACTI'Y AS DII2ECTOR OF
PLANNING AND DEVELOPMENT FOR THE CITY OF WHEAT RIDGE,
Defendants.
Plaintiff, C&E Communications, Inc. ("C&E"), by and through its attorneys, Brownstein,
Hyatt Farber & Strickland P.C., for its Complaint against the Defendanu, City of Wheat Ridge ; .
Board of Adjustment, and Robert Walker, Thomas L. Abbott, Paul Hovland, Susan Junker,
William Echeimeyer, Jerry Sang, and Linda Mauro, in their official capacities as Board
Members of the Board of Adjustment (collectively, "the Board"), and Glen Gidley, in his official
capacity as Director oi' Planning and Development for the City of Wheat Ridge, states and
alleges as follows:
I. INTRODUCTION .
1. This Complaint seeks:
a. Reiiefpursuant to C.R. C.P. 106(a)(4), in the nature of certiorari review, from
the Board's denial of C&E's Application to the Board, Case No. WA-96-12, for a variance from
the relevant provisions of the Wheal Ridge Zoning Code, Chapter 26, Article 1, and the Wheat
Ridge Sign Code, Chapter 26, Article 4;
b. A declaratory judgment pursuant to C.R.C.P. 57 and §13-51-101, et sea•, 6A
C.R.S. (1987), that C&E has a vested right to maintain its outdoor advertising device structure
located in the City~of Wheat Ridge, Colorado, at its current height and location;
Pii
xttaso~_i
FRO^iS : DFR~t PHCJhc N0. 303 674 1837 Jul. 24 1996 11:32P[1
1 i
7
c. Declaratory relief, damages, and attorneys' fees caused by the Boarci'~
unconstitutional denial of C&E's Application to the Boazd, Case No. WA-96-72. C&E also
claims the right to injunctive relief.
Il. PARTIES
2. Plaintiff C&E is a corporation organized and existing under fhe Eaws of the State
of Oregon, currently doing business in the State of Colorado.
3. Defendant City of Wheat Ridge Board of Adjustment is an official 3oard of the
City of Wheat Ridge, empowered to make decisions in certain zoning matters, including the
authority to "hear and decide requests for variances and waivers to the City's zoning ordinance,
flood plane inning ordinance, and sign code." Section 2-61(a), Wheat Ridge City Code (1989).
~, Section 26-6(D){2)(b}, Wheat Ridge City Code (1989).
4. On information and belief, Defendants Robert Walker, Thomae L. Ahbott, Paul
Hovland, Susan Junker, William Echelmeyer, Jerry Sang, and Linda Mauro aze appointed
members of the Board of Adjustment far the City of Wheat Ridge and were so qualified at the
time they rendered their decision denying C&E's Application to the Board of Adjustment, Case
No. WA-96-12, far a variance to the relevant provisions of the Wheat Ridge Zoning Code and
Wheat Ridge Sign Code governing the height and location of an outdoor advertising device
erected and maintained by C&$ in the City of Wheat Ridge, Colorado.
III. JURISDICTION AI~'D VENUE
5. The Court has jurisdiction over all claims set forth below pursuant to Section 9
of Article VI of the Colorado Constitution.
6. This action affects real property located in Jefferson County and the claims
asserted arose in Jefferson County. Accordingly, the Court is the proper venue for this action.
S,~ C.R.C. P. 98. _
7. On May 23, 1996, the Board issued a final decision by adopting a resolution
denying the C&E Application, Case No. WA-96-12. This Complaittt has been filed within thirty
(30) days of the decision, pirsuant to the provisions of Rule 6 of the Colorado Rules of Civil
Procedure. Accordingly, the Court has jurisdiction over the claim brought under C_R.C.P.
106{a)(4).
IV. GENERAL ALLEGATIONS
8. On December 29, 1995, C&L acquired a permit from the Department of Planning
and Development for the City of Wheat Ridge which allowed C&E, pursuant to Wheat Ridge
Code Section 261112(C)(1), to construct and erect a billboard located on the property zt 10501
P12
~168&ti6. I -2-
FROM URHI.
PHONE N0.
303 674 1837 Jul. 24 199E 11:33PM
i-70 Frontage Raad North, Wheat Ridge, Colorado. The prsmit, No. 2449, provided that C&E
was allowed to construct a single billboard on property owned by High Country Auto Body. i
9. In January, 1996, C&E entered into a lease with the property owner for High
country Auto Body, Daniel R. Dearing, in which CBcE acquired alease-hold interest in the
property for the purpose of erecting an outdoor advertising sign structure, commonly referred
to as a "billboard," on the property located at IOSOI I-70 Frontage Road North, Wheat Ridge,
Colorado.
I0. On or about February 27 and 28, 1996, C&E ereetrd a single-pole billboard sign
struCUre on the property at 10501 I-70 Frontage Road North, Wheat, Ridge, Colorado, in full
compliance with all applicable building cock and industry standards regarding such structures.
The billboard was initially erected at a height of approximately fifty-thr°.~ {53) feet from ground
level to the top of the structure.
11. Shortly t}tereafrer, the Chief Building Inspector for the City of Wheat Ridge, john
Eckert, pursuant to instrucrions from and with the lrnowledge of Defendant Glen Gidley,
Director of Flanning and Development for the Cily of Wheat Ridge, inspected the CBcL billboard
and issued a "Stop Work Order" and "Correction Notice" ordering C&L- to halt any further
construction on the billboazd sign structure and to bring rite sign structure in compliance with
applicable code provisions. Among the matters cit^tl by Eckert in the notifications to C&E, the
notifications instructed CScE to Iower the billboazd to a height of thi.-ty-two (32) feet.
12. On March 29, 1996, C&E filed an Admisristrative Process Application seeking
a Variance from the City of Wheat Ridge, pursuant to Se`tion 26-6(D)(2)('0) of the Wheat Ridge
Zoning Code ("the Application"). The Application requested a variance from the City of Wheat
Ridge Board of Adjustment allowing the C&E billboard to remain at a height of fifty-four (54) .
feet. The Application was noticed to be considered at the Apri125, 1996 hearing of the Board.
13. In order to allow for further discussions regazdine the height of the billboazd sign
structure, the Defendant Board granted a continuance of C&E's Application, and sec the
Application to be considered at the regularly scheduled Hearing on May 23, 1996. -
l4. Prior to the May 23, 1996 Board Hearin;, C&E voluntariIy lowered the billboard
structure from approximately fifty-three (53) feet above ground level to forty-one (4I) feat above .
ground Ievel., In addition, C&E met with the High Country Auto Body property owner and
several adjoining property owners and secured the approval and support of all concerned
landowners for the C&E Applica4on.
15. At the May 23, 1996 Boazd Hearing, C&E presented uncontroverietl evidence to
the Board establishing the following:
P13
rgtsssov.t -3-
FRf)1'1 Lf,FL PHCNE N0. = 393 674 1837 Su I . 24.1996 ll = 34PM
,S.
,1 .
(a) the CBcE billboard sign structure was constructer! to meet and exceed: at]
applicable building and industry standards for the construction; and
erection of-such structures;
(b) High Country Auto Body, the owner of the property on which' the
billboard sign stntcture was locateri, was in full support of tlTe granting. of
the variance Application; and
(c) all concerned property owners provided letters of support that indicated
that aII property owners interested in the subject matter of the C&L-
Applicaiian were in at~pr~ort of granting the variance requested by the
Application.
I6. C&E also entered into the record, and presented evidence, that established
numerous instanczs in the recent past in which the City of Wheat Ridge Beard of Adjustment
had granted similar variances, or variances of even greater magnitude, with regard to other
billboards located in the jurisdiction of the City of Wheat Ridge. C&E provided extensive
evidence to the Board that supported the Board's approval and granting of the vaziancc requested
by t<`te C&E Application.
I7. 'Prior to the May 23, 1996 Board Hearing, Defendant Glen Gidley intenlionalIy
presented evidence to the Board of Adjustment which he knew at the time falsely alleged that
the billboard structure was unsafe and not iri compliance with applicable building and industry
standazds. During the course of the May 23, 1996 Hearing, Defendant Gidley withdrew such
information and acknowledged that C&E had previously provided Defendant Gidley with
information showing that such allegations were false. Although Defendant Gidley acknowledged
that such allegations were false, Defendant Gidley intentionally submitted such evidence and
information to the Board with intent to improperly influence the Board to deny the CScE'
Application for masons unrelated to the merits of the Application.
18. C&E presented information at the May 23, 1996 Board Hearing to establish that
There were at least three (3) other billboard sign structures located in the City of Wheat-Ridge .
which all exceeded fifry (5Q) feet in height. C&E also further presented information that the .
Board had granted variances for similazly situated billboards in the past, and had recently
granted a variance far a similar biIIboard allowing the billboard to remain ai a height of foi-ty-
one: {41) feet The City of Wheat Ridge, and'Defendant Gidley, were unable to present evidence
to refute the facts established by C&E at the Board Hearing. ,
19. At the May 23, 1996 Hearing, the Defendant Board and Defendant Gidley .
discussed issues which were improperly before the Board, including submitted by not yet .
considered variance applications by other billboard companies threatening to seek additional '
variances, which were improperly considered by the Board during 1}se Hearing on UTe
Application. The Boazd asked questions and expressed opinions which reflected the fact that
improper considerations influenced the Board's decision on the C&E Application.
P14
xt6sso6.1 -4-
FROM DRHL - - P`ON~ NO. 303 074 1237 .Tu1. 24 1996 11:34PM P15
- ~
'~;
:~:
. I
20. At the close of the May 23, 1996 Hearing, the Board passed a Resolution wfiiCh~
denied the Application; and did not grant a variance to C&E to allow the billboard located fit.
10501 West I-70 Frontage Road North, Wheat Ridge, Colorado, .to remain at the height of forty-.
one (41} feet above ground level, The statements presented by the Board in support of ;the
Resolution, and the Statement of Resolution itself, indicate that the Board relied on improver
factors and considerations in denying the Application. The C&E Application was denied
effective May 23; 1996.
2I. Additionally, [he City of Wheat Ridge has further sought to impraperly enforce
the Wheat Ridge Zoning Code and Sign Code against CBcE through the filing of a crimini3l
Summons and Complaint in Wheat Ridge Municipal Court, Case No. C-96-10,. arising from the
same matter that is the subject of this Complaint.
V. FIRST CLAAVI FOR RELIEF
(C_R.C.P. 106(a)(4))
22. C&E incorporates in this claim for relief all of the preceding allegations of the
Complaint. . .
23. At the May 23, 1996 Board Hearing on the Application, C&E presented
uncontroverted evidence that:
a. the C&E billboard sign structure was constructed to meet and exceed; all
applicable, building and industry standards for the construction and .
erection of such structures; ,
b. High Country Auto Body, the owner of the property on which the
billboard sign structure was Iocated, was in full support o,` the granting of
the variance Application; and
c. all concerned property owners provided letters of support that indicated, ,
that all property owners interested in the subject matter of the CBc$
Application were in suDOart of granting the varianc.° requested by the
Application.
d. These are at least thPee (3) other billboard structures located in the,
jurisdiction of the City of Wheat Ridge, Colorado, which meet or exceed
fifty (50) feet in height above ground Ievel; and
e. The Board of Adjustment has granted numerous variances for similarly; .
situated hiIlboards,~including granting a recent variance for abillboard-
which presented a similar situation as the C&E Application.
i1~168806.I
-5-
FRAM Dn^HL PHOtJE N0. 323 57e 1837 Jul. 24 1555 1L:35PM
fi:
,.
i .
24. The Boazd Resolution denying the Appiicatioii and C&E's reAUest for variance:
of relevant pmvisions of the City of Wheat Ridges Zoning Code and Sign Code constitut. d an
abuse of discretion that resulted in the Beard's exceeding its jurisdiction.
VI. SECOND CLALl~1 FOR RELIrGF
(Declaratory Judgment -Vested Property Use)
25. C&E incorporates in this claim for relief all preceding allegations of this
Complaint. ~'
26. At the time C&E erected and constructed the billboard sign structure at 10501
West I-70 Frontage Road North, Wheat Ridge, Colorado, there were in existence in the City of
Wheat Ridge at least three (3) other billboard structures with heights in excess of fifty (SQ) fe`t
above ground level. C&E relied on the past practice of the City of Wheat Ridge to allow
billboards at this height in variance from the Wheat Ridge Zoning Code and Sign Code, and had
vested expectations that its billboard would be granted a similar variance.
27. C&E has the lawful, vested right to continue to maintain a billboard sign structure• .
at a height of forty-one (41) feet above ground level, as a valid structure in variance from the•
Wheat Ridge Zoning Code and Sign Code, and treated in the same manner as other non-,
conforming billboard sign structures located in the City of Wheat Ridge.
28. A declaration of CScE's rights will terminate the uncertainty and controversy in
giving rise to this claim.
VII. TfiJRD CLAIM FOR RELIEF
(Declaratory Judgment -Unconstitutionality of
Wheat Ridge Zoning Code Section 26-6, "Ixgislative
and Administrative Process and Procedures")
29. C&E incorporates in this claim foe relief all preceding allegations of this
Complaint.
30. ~ This claim arises under the 5th and 14th Amendments to the Constitution of the
United Stales, and under Article TT, Section 25 of the Colorado Constitution.
31. The Wheat Ridge City Code provides for a process and procedure governing the
submission of applications which request any variance or waiver from file application of the
Wheat Ridge potting Code or Sign Code. Section 26-6, Wheat Ridge City Code (1989). '1The
procedures provided for in the Wheat Ridge City Code governing applications smoking variances
from the Wheat Ridge Zoning Code and Sign Code, and the review.criteria and required findings
of fact set forth in that Code, provide inadequate standards and safeguards to ensure that they
are applied in a rationale and fair manner.
P_6
k168806.1 -6-
FROM ; [)P.HL PHONE N0. ~ 37s 674 18~ Jul" 2a 1996 11=s9PM P17
` ~ ~
32. The provisions of the Wheat Ridge City Code which govern the process: and
procedures governing legislative and administrative consideration of applications seelgng
variances from the Wheat Ridge City Zoning Code and Sign Code are void for vagueness. an¢
violate the due'process clause of United States and Colorado Constitutions because they fail, to
- provide any clear standazds for how they aze to be enforced and therefore may result in arbitrary .
and discriminatory application. ~ "'
33. The provisions of the Wheat Ridge City Code which govern the process .and
procedures governing legislative and adminisriaiive consideration of applications seeing
variances from the Wheat Ridge City Zoning Code and Sign Code impose insurmountable
burdens which exceed any legitimate governmental interest in regulating outdoor advertising
devices. Accordingly, the Wheat Ridge City Code violates consdtutionai due process
protections.
VIII. FOURTH CLAIlVI FOR RELIEF
(Declaratory Judgment -Unconstitutional Taking}
34. CBc.E incorporates in this claim for relief all preceding allegations of 'this
Complaint.
35. This claim is brought under Articles 5 and 24 of the United Stites Constitution
and Article Ii, Secfion 15 of the Colorado Constitution, which prohibit the talrirtg of private:
property for public or private use without just compensation. The City of Wheat Ridge and the.
Board have applied the criteria governing applications seel3rtg variances from the Wheat Ridge
Zoning Code and Sign Code, principally through the criteria set forth in Section 26-6(D) of.Uie
Wheat Ridge City Code, in a manner so as to create an insurmountabte burden of proof for C&E
which is grossly disproportionate to the impacu of the applications_
36. On information and belief, the billboazd structure erected and owned by C&E
car:not be used for any reasonable purpose other than outdoor advertising, and as such is
required to have sufFcient visibility and freedom from visttal blockage in order to constitute a ;
reasonable business use. -
37. The conduct of the Defendant Board and Defendant Glen Gidley ltas renderer}
nearly valueless, the billboard structure erected by C&H on 10501 West I-70 Frontage Road ,
North, Wheat Ridge, Colorado, and such conduct is thereby an unconstitutional talang of private
property' without just compensation.
IX. FIFI'Fi CLALkI FOR RELIEF
{42 U.S.C. §1983 -Damages far Unconstitutional Taking)
38. ~ C&E incorporates in this claim for relief all preceding allegations of this
Complaint. .
816a306. t _']_
FROM DAHL
PHONE tJO. : 303 674 187
Jul. 24 1996 11:36Ff1 P18
. i
II:
' ~~.
39. The Boazd's denial of the Application violated C&E's constitutional due process`
rights, both procedurl and substantive, violated C&E's equal protection rights and constililted
an unconstitutional taking of C&L-'s valuable properly rights.
40. Said deprivation of CScE's rights was done under color of State law and C&E is
therefore entitled to relief under 42 U.S.C. §1983.
41. Because of the Board's conduct, C&E has and will incur damages including,.bµt'
not necessarily limited to, lost profits, loss of reasonable use of the billboard structure, expenses,
costs and attorneys'.fces.
R. SIXTH CLAIM FOR RELIEF
• (injunction}
42. Unless Defendants are enjoined from impermissibly enforcing the Wheat Ridge'
Zoning Code and Sign Cade against C&E, including proceedings with the Summons and
Complaint, Case No. C-96-10, filed in Wheat Ridge Municipal Court, C&E will suffer injury
to its good will and business reputation and will suffer other irzeparable harm. The outdoor
advertising business is extremely competitive. Any cessation of operation of the billboard with
clear visibility and elimination of any visual blockage will result in permanent loss of customers
and irrtrparable damage and injury to C&E's•property and business.
43. CBrB has na adequate remedy at law.
' PRAYER FOR RELIEF
' WiiL'RF_FORL-, C&E respectfully requests that this Court grant the following relief: ,
1. Pursuant to C:R.C.P. 106, declare that the Boazd Resolution is not supported liy
competent evidence and that the Board exceeded its jurisdiction and abused its discretion in
issuing the Boazd Resolution and denying the Application.
2. Declare that C&E has a lawfully vested right to maintain the billboard located at
10501 West I-70 Frontage Road North, Wheat Ridge, Coiarado, at ifs present height of forry-
ane (41) feet above ground level, and to conduct other reasonable and necessary business uses
consistent with the billboard purposes, without the need to apply for any further Board approval
or any other zoning approval from the City of Wheat Ridge.
3, Declare that Board Resolution constitutes an unconstitutional and unlawful:
application of the City of Wheat~Ridge Zoning Code and Sign Code, in that the Board had•
established insurmountable hardens fa valid and permissible outdoor advertising and the,
establishment of billboard struchires that is disproportionate to the impacta that could possibly
be caused by the Application.
xt6sso5.t -8-
FROCI : DRHL PNIJNE hb. ~?~ 674 1837 Jul. 24 1995 11:36FM P19
, ~ ~
. ~~.
i~;
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4. Declare that the standards of Che administrative process govening the Wheat
Ridge Zoning Code and Sign Code, including, but not limited to, the provisions of Section 26~ f
of the Wheat Ridge City Code, aze not sufficiently specific nor do they contain zdequa~te
safeguards to allow the Board to impose such stringent burdens and IiinitGtions on C&E_which
;arc apparent from The Board Resolution. ~ '•
5. Declare That the Board's conduct has resulted in an unconstitutional talcing'of
C3cB's valuable property rights. ;
6. Award C&H its damages, including its costs and attorneys' fees, resulting frdm:
the Board's deprivation of C&E's constitutional right;.
7. Enter a permanent injunction against the Board's enforcement of the Zoning Code
and Sign Cade against C&E, including an injunction barring the City of Wheat Ridge from.
proceeding with a criminal Summons and Complaint filed against C&E, arising from the
activities associated with the billboard, as set forth in Case No. CA6-10, currently filed in the
Municipal Court, City of Wheat Ridge, County of Jefferson, State of Colorado.
8. Entcr such other relief as the Court de`ms just and proper.
PLAINTIFF-HEREBY DEMANDS TRIAL TO A JURX OF 5DC (6) PERSONS.
'j
Respectfully submitted this 24th day of June; 1996..
• BROWNSTEIN HYATT FARBER &
STRICKLAND, P. C.
P. Cale Finegan, X16853
Christopher J. McIcher, x'26749
410 Seventeenth Streit, 22nd Floor -
Denver, Colorado 80202
(303) 534-6335
Attorneys for Plaintiff
C&E Communications, Inc. ~
,,;;
;.
Plaintiff's Address: .
618 Milwaukee Street
Denver, Colorado 80206
~I
atcssoc.t -9-
1
' 1 BOARD OF ADJUSTMENT
2 CITY OF WHEAT RIDGE, COLORADO
'. 3 Case No. WA-96-12
4
5 AN APPLICATION BY C&E COMMUNI- ]
' CATIONS FOR APPROVAL OF A 22' ]
6 HEIGHT VARIANCE TO THE 32' ]
BILLBOARD HEIGHT REQUIREMENT ]
7 FOR PROPERTY ZONED PLANNED ] REPORTERS
INDUSTRIAL DEVELOPMENT AND ] TRANSCRIPT
8 LOCATED AT 10501 N. 1-70 ]
FRONTAGE ROAD. ]
i 9
-------------------------------------------------------
10
11 .PURSUANT TO NOTICE, the above-entitled
' 12 matter came on for hearing before the City of Wheat
13 Ridge Board of Adjustment on Thursday, May 23, 1996,•at
' 14 7500 West 29th Avenue, Wheat Ridge, Colorado,
' 15 commencing at or about the hour of 8:50 p.m.
16
MEMBERS OF THE BOARD
' 17
ROBERT WALKER
1g THOMAS L. ABBOTT WILLIAM ECHELMEYER
' PAUL HOVLAND JERRY SANG
19 SUSAN JUNKER LINDA MAURO.
20
21
' 22
' 23
24
r D
' 2 5 '~~:r 1~~~1~-
' SOVERIE, JACKSON & SPERA, INC.
1735 East 16th Avenue
' Denver, Colorado 80216 -1628
(303)328.6618 Fax (303)329.8673
z
1 APPEARANCES:
2 CHRISTOPHER J. MELCHER, Attorney at Law,
Brownstein, Hyatt, Farber & Strickland,
3 P.C., 410 Seventeenth Street, 22nd Floor,
Denver, Colorado 80202; and
4
GERALD E. DAHL, Attorney at Law, Gorsuch,
5 Kirgis, L.L.C., 1401 Seventeenth Street,
Suite 1100, Denver, Colorado 80202, appear-
6 ing on behalf of the City of Wheat Ridge,
Colorado.
7
GLEN GIDLEY, Director, Planning & Development,
8 City of Wheat Ridge, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
9
SEAN McCARTNEY, Planner, City of Wheat Ridge
10 Planning Department, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
li
MARY LOU CHAPLA, Administrative Officer.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
1 INDEX OF EXAMINATION
2 TESTIMONY BY:
3 Glen Gidley
4 Christopher Melcher
5 Chester Trubucco
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PAGE NO.:
10
41
90
r
1
80ARD OFAIIjfISfMENf
1 --
1-70 [1] 19
10,000 [i] 9ta7
10th [1] seal
13-foot (1] 57.9
13th [i] 793
14th [1] 1iza6
18th [2] 73:4
1st (3] 389, 79:t I, 79x6
--2--
200-mile [1] 473
22-foot [i] nab
22nd [2] 23, zo:tz
23rd [2] Ita3, 731
24-hour [1] zo:zz
25th [2] uaz,47:v
26-25 [1] zs:io
26-4 [1] 1823
26-412 [3] 1620, 17:16,19:21
29th (4] tan, z9, zao, zo:1o
2nd (1] 9624
-- 3 --
3-D (1] s3az
31st [3] zo:7, zo9, 40:1 i
32-feet-high [1] n2o
32-foot [f4J 11:16, zz9, zz:zo,
23:23, 24:14, 59:7, 599, 6020, 61:16,
85:1,88:17,104:18,1051.106:10
35.2 [1] 63:24
37.5 [i] 641
-- 4 --
41-foot [7] 1624, 6025, 7494,
74:14, 74:16, 95:1 t, 108:7
44th (4] 18:25, 63:u,6320, 64x6
48th [1] 6323
-- 5 -
50-foot [2] Is:zt, ze9
50-footers (1] so:z
50.2 [1] 649
50.4 [1] 63:21
53.5 [4] 13:18, 63:12, 63:17, 90:15
--8--
82-8 [i] to7:to
83-34 [1] lo7ao
84-37 [i] to7aa
87-2 [1] 107:10
87-6 [i] 1079
8B-26 [L] 1079
-- 9 --
9-foot [2] Ib:t9, 24:12
91-29 [1] 1079
93-2 [1] 1079
95-244 (1] 439
96-11 [2] 11023.111:12
96-12 (1] 43
96-13 [1] 6sa
9th [L] 79:n
-- A --
AB130Tf [18] 1a8, 14:8, 14:14,
24:19, 24:23, 37:10, 37:38, 37:21,
38:[2, 38:16, 38:18, 753, 77:4, 83:1,
83:4, 84:12, 85:1, 1103
able [i2] 799, 393, 51:24, Sz25,
76:7, 769, 76:8, 77:10, 78:1, 78:9,
101:4, 1119
above-entitled (1] t:ti
above-named (3] 4799, 5eao,
59:t
above-referenced [i] 60:5
absent (1] to23
absolute [i] 691
absolutely [3] 99:7, lolao,
IO8at
absurd [1] 86:1
accept [9] 132, 13:5. 18:1, 2024,
26:3.26:16, 39:17, 54:19, 70:19
acceptable [3] 35:23, Io7:t4,
107:15
accepted (1] e3:zt
accommodate [1] 39:12
accommodation (3] 231, 1081,
108:7
accomplished [i] s79
accurate [1] 99:5
ad [2] 93:14, 110:23
adios (5] 11:13, 74:4, 95:10, 1019,
u2a4
actively [1] 979
actual (4] 2692, 57:12, 58:15,651
Actually [lj so:zt
actually [22] 41:5, 45:20, 46:t,
52:21, 53:18, 57:7, 58:14, 59:13, 59x9,
6025, 63:12, 64:1 t, 65x6, 662, 66:20,
67.9, 87:n, 8792, 90:5, 9t:u, 96x5,
9697
added [1] 3925
addition [2] 12:19, 599
additional [4] 3223,33:13,49:16,
53:19
Keywords for REPORTER'S TRANSCRIPT - 5/23~9d
additionally [I] 33:12
additions [1] iio:~
additives [1] 39:711 '.,
address [i7] 5:1, 521, 624, n3,
1725, 426, 42:13, 48:11, 509, 55:6,
58:4, 8920, 92:7, 92:16, 92:17, 9625,
9825
adequate [i] nao
adjacent (2] 33:14, 58:13
adjoining [5] 3t6, 319. 31:21,
326,3225
ADJUSTMSNr[i]la
Adjustment (11] 1:13, 5:7, 7:22,
9:21, 2124, 47:18, 499, 49:t t, 65:3,
66:16,1062
adjustment [i] 9122
Adjustment's [L] 3zas
administration [i] 742
Administrative [i] 2:u.5
administrative [3] 27:IC, 40:16,
4L•1
administrator [1] 412
adopt [3] 10624
adopted [I] 4322
adoption [3] 39:tz
advance [1] 36x5
advertising [6] 31x8, 75x3,
75:14, 87:10, 87:15, 88.1
advise [2] 41, 6o:u
aesthetics (1] 49:20
affect [1] 4:zz
affected [i] 61:4
affects [i] 92:14
afffrmative [i] 3696
afftrming [I] 10624
affixed [L] uzab
afternoon [1] 4:16
afterward [2] 56:11, 107:13
agree [7] 4:19, 4:15, 47:8, 5791,
69x6, 74:15, 95x6
agreed [6] 47:14, 47:15, 71:7, 743,
74:13.74:14
agreement [1] 66
agriCLLltural [2] 12:5, 12:10
air [3] 2623, 273, 72:10
Albertson [2] 3325, 73:12
alleged [4] 24:24, 3z:n, n:z3,
72:1
a110W [3] 1624,172,6622
allowed [i3] s:4, s:s, s:z3, 9:5,
11:24, 20:2, 226, 23:25, 37:1, 59:15.
671, 68:15.8920
allowing [1] s:z5
alter [2] 23:1, 6R:4
altered [i] sia6
ambiguity (1] 30:3
ambigunuS [1] 30:5
amenable [1] 9799
America [1] 93:7
amount [5] 40:8, 42:3, 44:15,
44:17,103:7
ample [2j T2:12, 96:17
angle [8] 519, 5220, 8493, 8414,
84:17, 8420.859,90:7
angles [I] 84:13
answer [8] 8:1, 89, 34:14, 39:4.
57:4,75:17.763,792
answered (2] 36:16, lO8:t6
answers (2] 542z,75:n
anybody [i] ioo:t6
apefi¢re [1] t6:M
apologize [2]423,799
apparently [3] 38:12, 65:14, 741
appeah: [1] 620
appear [1] 21.5
APPRARANCSS [1] z:1
appeared [2] 213, zt6
appears [2] 4:16, 65:11
appllrable [2j z32o, 2720
Applicant (41] Sao, 6:13, ISa,
15.9, 1592, 16:18, 17:1, 17:10, I7a7,
21:t i, 22:2, 24:14, 253, 27:15, 309,
30:22, 31:23, 32:20, 33:1, 33:1, 339,
34:21, 36:11, 379, 3823, 38:24, 392,
41:25, 43:16, 58:21, 58:24, 60:13,
61:10, 8324, 102:25, 104:1!, 10422,
1093, 1096,109:16, l I L•1
applicant [2] loz.9, Icz:iQ
Applicant's [20] 4:14, 4:t5, 4:17,
421,425, Sai, 521, 6.i, t6at, 2221,
319, 3120, 433. 46:16, 47:8, 56:10,
5825, 60:16, 104:10,1053
Applicants [i] so:4
applicants (3I 69:4,69ao,1os23
APPLICATION (I] 11
application [22] u:m, 1797,
23:21, 27:1 t, 42:17, 48:15, 49:14,
49:15, 543, 54:4, 58:2, 59:15, 65:5,
65:18, 106:5, 106:!8, 106:25, 108:24,
10922, 10924, 111:4, I1I:10
applications [7] 4799, 55:24,
58:11, 689, 68:11,6822, 716
applied [Sj na, zzas; 791, 922,
103:21
applies [4] 3z:z, 3z:z, loss,
IOS:t3
apply (5] 196, 89:1,1o4a9, to419,
1059
appreciate (6] u:7, 42:4, n:4,
95:14,98:12,1063
approach [319422, 95:19, to1:z5
approached [3] 69:21, 95:16,
95:17
appropriate [1] 64:7
APPROVAL [1] ti.5
Approval [f] 16:23
approval [4] na, te:22, 45:6,
66:17
approved [10] t7:4, 18:19, Is2z,
20:10, 22:1, 249, 259, 28:24, 65:10,
6925
' I Boverie, Jackson 8t Spera (303) 329-8618 Court Reporters
C~
t
1
LJ
tJ
BOARD OF ADJUSI'MBNf
approximate [2] 14x2, 19x3
apptuximately [5] 14:12, 34:13,
1815,z392,n:2o
April [8] 4:14, Ita2, 11:12, 47x7,
49:11, 55:1 t, 5520, 63:4
arbitrary [3] 9o:a, 90ao, 9020
area [8] 12:2, Iz:22, t9az, 44:a,
44:10, 44:10, 44x3, 7521
areas [8] 199, 19:10, 19:11, 228,
4323, 4324, 4314, 75:24
atgue [3] 6746, 72:1, 813
atguiag [2] 6325, 92:1
argument [10] 9:19, 71:10, 83:7,
83x5, 88:25, 103:6, 103:21, 104:1,
104:4, 104:16
738, 76:4
Avenue [8] 1:14, 29, 2:10, 1825,
63:1 1, 6320, 6324, 64:16
avoid [1] 32:12
avoidance [1] 32:14
aware (5] 14:18, 24:4, 24:5, s69,
60:4
awhile [1] 43:17
B .
B-1 [16] 19:5, 19:6, 199, 1925,
20:4, 20:6, 37:23, 3723, 38:2, 38:4,
4320, 4322, 4325, 76:1, 76:18, 7620
B-2 [20] 19:5, 19:7, 19:11, 19:16,
18:10, 18:11, 21:16, 2210, 2223. 298,
362, 36:3, 39:3, 39:10, 42:14, 42:20
arguments [2] 75:10,92:17 19:17, 1920, 20x, 202, 20:6, 21:18,
arLsing [i] 100:7 283, 30:4, 37:23, 38:14, 40x3, 4320,
arrangements (1] 4725 43:23,762,76:18,76:21
art [2] 90ao,9021 back [31] 510, 63, 11:20, 13:21,
artfully (1] 92x8 14:4, 14:7, 16:4, 16:6, 16:8, 16:10,
Article [3] 29:1, 292,10314 30:7, 36:7, 37:22, 42:24, 4523, 54:10,
ask [25] 4:23, 520, bi, 6:13, 920, 57:17, 623, 642, 66:4, 74:15, 8323,
158, 21:1 t, 29:15, 3421, 34:23, 36:1 t, 848, 84:7, 9614
38:22, 46:4, 70:23, 72:16, 753, 773, ~~~ [1] 104:3
7896, 83:1, 863, 87:13, 89:17, 89:22, background [i] 86:10
92:11, 108:20
asked (14] 7:18, zoa3, 36:22, bad [3] a0:a, 95:18, 94x6
55:12, SSa3, 56:25, 62.9, 63:7, 665, balance [2j 24:1&, z7i
783,783,99:12, 104:24, 104:25 base [3] 20:18,819,90:18
asking [13] 6:7, 59, 8:13, z5d t, baseball [3] 78:5,91:5,915
33:11, 91:22, 91:23, 91:24, 92:12, based [ll] 2310, 24:10, 24:13,
92:19,9324, 107:19,10720 26.9, 26:10, 32:11, 34:3, 37:16, 5724,
Asmnih [3] 629, 629, 63:4 g1:15, 11020
aspect [i] 9595 basically [2] 7oa4,75az
assumed [1] 96:11 ba8i8 ['f] 32:13,432,1028, 108:10
assure [i] 4o:iz battle [1] 6:z
Astoria [3] 91:17,9z:to,92:t1 bear [2] So:t9,62.b
attempt (1] 33:4 bearing [i] $0:18
attention [2] 64x3,979 bears [L] 104dt
attitude [i] 58:23 ~ Becker [1] 295
Attorney [7] 22, 2:45, 4:6, 4:t z, I Bee [i] 91:19
6:25.43x,95:7 - begin [2] 4:21,103:10
attorney [20] 4:15, 4:21, 4:25, begfming [1] 95:18
5:13, 5:21, 8:2, 88, 822, 34x, 41:22, behalf 10 zG, 4:17, 55, 6:13, S.i,
48:16, 4823, 4825, 49:6, 55:22, 60:1, 17:10, 3325,60:10, 7722,106:23
73x2, 91:4, 939,10022
attorneys [5] 5x0, 65, 724, sx, behind [9] Izx, na7, 84:4, 8496,
t 12:13 88:17, 89:3, 89:4, 895, 89:5
atypical [i] 239 belief [L] 32:22
augered (1] 2ox8 believe (41] 5:24, 525, 6x3, 9:24
anttl0rlty [Z] 74:20,74:22 toil t, 265, 27:25, 32:15, 34:7, 35.9
authorize [1] 68x5 45:4, 46:6, 58:5, 59:5, 6098, 6o:2t
authorized [3] 49:10, 6o:to, 60:25, 64:15, 67:25, 69:7, 725, 72:12
60:15 72:21, 72:25. 74:20, 80:21, 83:25
Auto [8] 12:18, 13:12, 22:1 t, 29:5, 85:16, 92:23, 959, 97:21, 98:17, 96:2
Slat, 76.1, 8L21, 84:2 1073, 108:25
ant0 [9] 1221, 1312, 48:17, 46:18, believed [2] 30:22, 57:24
4899,4924,50:11,84:20,8621 believes [3]594, 24:14, 5992
automatically [1] 4oaz benefit (L5] 30:22, 32:24, Eta
Autoplex [il] 3325, 57:20, 602, 719, 75:3, 755, 755, 758, 75:14, 76.
60.1, 6091, 60:1 I, b0a4, 60x8, 6024. 765,86:7,1085, 109:7,10921
L'
Keywords for REPORTER'S TRANSCRIPT' - 5/2396
benefited [1] 76:19
benefits [I] 769
best [13] 402, 6123, 6123, 7423,
74:25, 80:22, Sl:l, 93:7, IO3:18,
105:19,10520,108:1,1083
bet [S] 1oz5
better [13] 40:20, 59:6, 59:8,
60:20, 60:25, 61:1, 61:1, 61:3, 769,
81:4, 813, 96:1, 10122
big [1] 94:16
Bill [2] 373,90:1
BILLBOARD [1] 15.5
Billboard [2] 17:19,193
billboard [144J na4, 11x6,
11:20, 1221, 13:12, 13:18, 1324, 14:1,
163, 16:18, 1620, 1625, 173, 17:18,
1720, 1824, 192, 195, 19:20, 205,
208, 20:14, 20:18, 20:21, 21:2, 228,
22:13, 22:14, 22:21, 233, 23:4, 2322,
242, 24x2, 24x4, 269, 2623, 27:3,
27:19, 283, 28:7, 29:3, 29:10, 2923,
2924, 30:10, 30:24, 318, 3221, 3222,
3223. 332, 33:7, 33:16, 33:18, 3321,
33:21, 34:4, 38:2, 389, 40:5, 40:22,
40:x5, 41:3, 42:1, 42:16, 43:7, 442,
44:2, 44:7, 44:22, 45:5, 46:5. 46:7,
46:25, 47:3, 47:4, 47:4, 47:17, 503.
503, 50:5, 50:7, 50:10, 50:15, 50:19,
50:24, 51:2, 513, SI:18, 52:8. 53x,
538, 56:15.5723. 58:12, 5821, 59:10,
59:11, 59:13. 59:18, bt3. 668, 66:15,
67:7, 67.9, 67:11, 67:12, 67:21, 67:24,
68:1, 68:8, 69:22, 70:1, 70:4, 76:5,
76x7, 81x6, 83x1, 843, 84:5, 84:7,
8414, 86:11, 90:13, 99:4, 100:1 t,
100:12, 100:18,10024, 104:17,10423,
104:24, 105:1, 105:4, 105:4, 105:4,
10596, 106:10, 10696, 106:19, 108x3,
109:4,10994
billboard's (i] 4721
billboards (30] 16:21, 17:12,
19:7, 19:25, 20:4, 22:8, 235, 23:24,
23:24, 24:3, 3715, 4322, 4325, 44:1,
44x, 4494, 45:7, 46:2, 469, 5312,
66a 1, 68:12, 6893, 69:23, 6924, 70:7,
808, 819, 81:23,101:16
bit [9] 21:15, 25:21, 43:10, 43:1 t,
87:4, 9220, 9325, 96:4,99:1
black [i] 13:15
blend [1] 83:11
blends [i] 9312
block [i3] 31:11, 515, 528, 84:16,
84:24, 85:15, 83:16, 85:17, 85:18,
85x9, 86x, 873, 88x9
blockage [5] 8620, 56:22, 96:25,
SBa 3, 88:14
blocked [2] s6a1,678
blocking [7] 51:8, 6397, 848,
s, sag, s4ao, 8410, 85:12
blocks (1] 83x6
blue (L] 13:13
blueprint (4] 44:24, 45:1, 45:1,
4, 45:4
5' blueprints [i] 45:24
BOA [1] 59:19 __ .. ..
BOARD [2] 1x,1:16.5
Boazd [43] 1:13, 5:7, 6:17, 7:22,
8.5, 8x6, 9:7, 921, to.9, 1722,18:14,
2124, 32:15, 47:18, 48:12, 498, 49:1 t,
61:19, 6122, 65:2, 6523, 66:1, 66:3,
665, 66;7, 66:16, 6620, 6622, 6624,
68:19, 68:19, 6825.695, 69:13.69:14,
6921, 7024, 72x2, 78:4, 8921, 98x1,
1062,108:23
brazd [6] 4:5, 4:10, 623, 44:5,
57:4, 9122
&laid'e [1] 64:13
Bob [3] 8925
Bnay [8] 1296, 1392, 22:ta 295,
51x1, 76.1, 8122, 842
body [9l 1221, 1322, 49:17, 4899,
4820, 4924, 50:1 t, 8421, 8621
bolted [i] 3811
borrow [I] 449
Boot [2] 49:17,868
both [14] 31:10, 3123, 3320, 34:4,
5215, 538, 59:1, 60:17, 68:1, 7724,
783, 86:12,86:17,88:7
bottom [6] 14:14, 32:4, 33:7, 56.9.
56:11, 635
bought (2] to65, Ia62z
break [~] 10:13, 10:14, 10:15,
t 5:18, t6:t
breaking [1] 9x:17
brief [2] 42.3, 42:u
Briefly [i] 9t2a
briefly [9] 27A4, 48x3, 49:4,
61:17, 62:4, 638, 67:1, 553, 8920
bring [5] sat, 6a8, 622, 64x3,
97.9
broad [i] mz:14
broad-blushed [i] tot24
brought [4] 596, 93:14 93:11,
97x0
Brownstein [3] 22.5, 26:4, 4123
build [SI 65ao, 65x5, lo4:z4,
1x5:21,106:19 .
Building [1) 4o:t7
building [32] tzas, 122x,1393,
13x3, 13x4, 14.9, 17:2, 17.9, 17:9,
1723, 17:24, 18:6, 20:12, 20:15, 25:4,
255, 2720, 2723, 3320, 3920, 40:18,
40x9, 41.•6, 43:7, 47:11, 488, 65:7,
s9:4, 84:5, 91x9, 109:1 1,109:11
buildings [L] 66:7
built [il] 24:22, 415, 45:7, 473,
53:4, 53:10, 64:23, 65:16, 95:1, 103:10,
1x524
Bumble [L] 91:19
bunch [1] 59
business [16] zz:u, 32x, 5oa4,
59:13, 59:19, Eta, 67x4, 6746, 74:11,
75:1 t, 839, 839, 89:13, 94:3, 94:14,
10523
business's (1] 63:t7
basinesses [5] 612, 71:3, 75:7,
' Bwesie, Jackson 8r; Spcra (303) 329-8618 Cotlxt Reporters
t
~1
BOARD OFAD]USfMEN'f
76.3, 76:15
businessmen [i] 749
buy [1] 1066
~~ C ~~
FL [1] 103:4
C-LO-A (1] to4:u
C-3 [2] 104:7, ta49
C-6 [i] to4a5
CI [2j 126, 2325
C2 [2] 2325, 23:25
calculations [2] 9o:n,9oa9
Calendar (1] 733
call [4] 3621, 77x1, 772o, 92:11
called (7] 86, 296, 31x7, 32x,
936,1oi3,ta5:12
calling [i] s:tz
calls [i] toox9
cancelled [1] 4725
Cards [1] 100:19
care [1] tun
Carlyle [5] 17:10, 17:11, 43:4,
94a8,to9x6
carried [L] 23x1
CartleS [1] 1(0:15
Case [5] t:3, 42, 46:15, 6511,686
case [41] 4:7, 4:13, 4:13, 4:22, 423,
5:17, 6:7, 11:11, 11:12, 12:25, 15:16,
Ilx9, 21.9, 22:19, 246, 29:5, 3ta2,
413, 6ta2, 65:19, 6520, 6522, 65:25,
66:2, 69:6, 69.9, 69x2, 69x5, 70A6,
7023, 71:14, 102:21,102:24, 102:25,
103:1, 103:2, 1078, 108:10, 108:13,
108:15, 110:22
Cases [10] 69:4, 69x2, 71:7, 11:10,
Jt:t3, 1029, 102:23, 107:8, 107:11,
108:11
CATIONS [L] 15.5
cause [3] 44x5, 44x6, 94:21
Center [1] 146
certain [5] 30:1, 359, 67:24, 73:2,
9022
~ certainly [15] a:n, 9:10, 22:19,
52x, lax t, 86a2, 92:24, 93:18, 94:5,
959,96:13, 96:18, 97:13, 99:17,101:7
certainty [i] 73a
CERTLFICATE [1] uzx
certification [6] 2524, 26:1
37x6, 456, 46x5, 46:21
certiDcations [2] 54:7,549
Certified [1] uz:3
certified [5] 26:15, 26:19, 54:16
629,63at
certify [3] 63:7,112:5, t I2:I1
cetera [5] 23:25, 94:7, 94:7, 94:
tma4
Chaffee [6] 59:4, 5921, 77:
77:19, 78:3, 76:7
CHAIRMAN [73] 4:z, 4:8, 6:8,
6:1 t, 6:15, 9:20,10:4, 1022, t 1:4, t 1:7,
it9, 13:4, 13:7, 14:19, 1422, 1424, 2
i S:U, 1524, 182, 29:13, 29x7, 34:10,
35:6, 37.1, 379, 38.1, 38:19.396, 418,
4 t a t, 4 to 3, 41:16, 45:10, 45:13.
45:16, 52:10, 62:12, 6221, 632, 70:13,
7F•.20, 72:17, 752, 77.1, 77x2, 77x6,
78:13, 78:18, 7820, 80:15, 833, 87:1,
87:4, SBA S, 8822, 89:7, 89x5. 8922,
90:1, 95:12, 9720, 97:25, 96:7, to7:4,
107:15, 109:25, 110:4, 1106, 1109,
uoaz, uoa9, ntxz, mx6
Chairman [22] 4:4, 6a6, io9,
132, 163, 18:1, 29x2, 4L•t2, 52:13,
6823, 70a 1, 7021, 71:4, 72:16, 78x6,
83:1, 856, 87:12, 89:17, 97:21, 1076,
111:3
challenge [i] 9zao
chance [i] 97:13
change [2] 23:5, 9521
changed [f] 9523
changes [3I u:n, nab, 25:19
CtiAP[,A (3I z:u.5, 79x0, uoa5
Chapter [3I 28:25, 29:2, to324
charader [4] 23a, 23:6, 49:18
6a:4
charadetized (1] 94x6
chart [2] 45:2, 456
CHESTER [i] 9tx
Chester [2] 3.i, s9:16
Chief [3] 20:12,47x1,65:7
Chris [7] 6AZ. 17xo, text, 4122,
43:4, 92:18, 93:11
CHRISTOPHER [2] z2, 4tab
Christopher [ij 3:4
CiT~m an Ces [10] 22:17, 22:18,
30:1, 32:5, 67:20, 72:13, 81:12, 8x:8,
829, 82:17
dted [2] 79:20,81x2
citizens [6] 75:9, 75x2, 76:10,
76a 1, 76:19, 773
Cr1Y [i] t1
City (93] L•12, 2:6, 29, 29.5, 43,
4:5, 4a I, 5:17, 6:25, 7:8, 7:16, 15:1,
15:3, ISaO, 15:14, 17a3, 19:4, 19:4,
19:7, 30.9, 30:23, 31:13, 31:17, 33:5,
33.9, 34:12, 3521, 36x3, 3621, 38x2,
~ 42x9, 42:20, 43:1, 439, 43:16, 43A9,
43:21, 44:4, 44:6, 44:14, 4522, 46.9,
47:19, 47:21, 482, 48:6, 469, 4824,
53:10, 53:11, 53:20, 53:22, 53:25,
53:25, SS:t6, 5623, Sl:l 1, 57:15, 589,
61x5, 6120, 61:23, 63:10, 64:10, 656,
65:17, 74:15, 75:18, 7523, 762, 769,
7621, 7625, 772, 79:13, 80:25, 89:13,
89:14, 90:14, 9023, 95:7, 96:3, 99.9,
99:12, 99:21, 100:18, 101:1, 101:7,
' I 102x,106:23,108:4,1093.10921
dty [5] 32:3, 32.9, 34:15, 67:14, 74:2
7, I City's [2] 8823, 100:2
claiming [1] 1099
g clear [9] 7:2, 8:3, 18:16, 21:20,
42x4, 82:18, SS:Ii, 92:3,105:21
Keywords for REPORTER'S TRANSCRIPT - 523/96
Clearly [1] 94:n
clearly [20] naa, leaz, t9a6,
46, 259, Sl:l3, 532, 68:18, 6910,
75.1, 80:11, 83:10, 84:2, 84:6, 8423,
91:15, 9x:7, 93:15, 976,1092
CIOSe [4] 21:7, 43:14, 5223, 668
closed [2] noA, a t:1s
C10Ser [1] 7511
cintter [4] 52:15.52:22, 53:10,
56:12
Code [Z2] 1621,17:15,1823,192,
19:22, 19:22, 21:23, 28x0, 30x2,
48:24, 74:22, 10120, 102:IO, 102:12,
103:1, 103:5, 10322, 103:25, 104:2,
1043,10522,1072
cods [22] 132, 2711, 2723, 2725,
28.4, 293, 293, 299, 299, 29.9,68:17,
75:8, 75:12, SO:l7, SO:l9, 88:23,
103:13, 103:14, 103:14, 103:15. 1059.
105:13
Codes [5] 2724, 27:25, 339, 486,
4s9
winddentaily [1] 63az
COLORADO [i] t2
Colorado [9] t:t4, 2:3.5, 2:5.5.
26.5, 29.5, 2aOS, 4124, 68:14, t 12:4
coma [lj 7s9
commencing [ij 1:15
comment [3] 39A7.95x4, 9722
Comments [3] 2620,95:15.1106
commercial [4] 32:8, 44:10,
48:22, 50:IU
commission [2] tc125, oats
COMMDNI [i] ti
Communication [S] 82:24
Commnnications [28] z7:1o,
4115, 42:16, 4225, 435, 43:11, 4325,
4421, 496, 51:16, 53:15, 55:1, 55:5,
56x1, SS:I7, 58x8, 60:7, 61:10, 63x3,
6625, 88:2, 8920, 9t:10, 91:12, 926,
944,10423,109:17
wmmnnity [6] 6020, 6tA5, 74.9,
91x8, 9323, 949
Companies [4] 24:2, 389.689,
6922
company [10] 26x1, 41:4, 4za6,
42:19, 443, 66:15, 67:1 t, 67:12, 765,
94:16
COmpatriotS [2] 74:3,749
compete [i] ss:to
competing [1] assn
competition [8] 142, 3ta7, 3za
52:14, 539, 56x4, 83:15, 83:24
wmplete [2] loaz,zo2o
completely [5] 476, 483, 489
50:7, 50:16
compliance [LO] 24:22, z7:z
2724, 339, 33:10, 80:1, 93:8, 932
I 949.958
compliant [2] 99x5, to6ao
comply [2] 22.9,66:16
complying [i] 486
wmpnter [2] SIaS, 97:u
concern [10] zox6, 2o:n, zlx,
212, 30:16, 30:16, 37:17, 48:1x, 5424,
57:13
ConCe[ned [7] 25:19, 3023, 32:16,
46x2,552,882,583 -
conrerning f 11736
conce[n8 [6] 40:24, 488, 49:25,
556, 57:16, 5723
Concession [L] 5822
wnduded [i] tua9
concludes [9] zz:7, 22:11, z3:z,
23:11, 232x, 24:11, 25:1,272, 34:7
wndusion [i] 4o:t
condusions [i] 27:7
CnnCrele [16] 20:19, 2024, 2522,
26x1, 26x4, 3923, 3914, 402, 402,
40:4, 4624, 472, 472, 4711, 54:15,
IOta4
wndition [3] 238,7123,81:16
conditions [li] 17:4, 18:19,
1820, 1822, 21:1, 226, 23:14, 23:19,
263, 67.1, SINS
conduded [1] 59x4
coafliding [i] 86:4
conformance [i] 56:19
wntnsed [i] 865
confusion [4] 18:15, 42:15, 73at,
94:22
congestion [2] 2624, 27:4
considerably [1] 98:15
considered [i] az:t3
Cpn$iSlent [3] 824, 2324, 44:18
construd [1] 5023
constrnded [12) t2:zo, zo21,
27:20, 30:10, 39:18, 50:3, 50:7, 508,
5020, 5020, 58:12,105:17
COnstNCtion [9] 172, 20:17,
25:20, 2521, 26:16, 313, 4624, 4820,
6422
consult [i] 74:1
consaltants [i] tot:zl
consulted [i] 7414
contad [3] 142, 389, 7321
wntaded [1] z4:t
contest [i] 27:22
continue [3] 4:23,6:7,938
continued [3I 4:13,11:13, 49:12
COntrador [7] 18:11, 16:11, 26:10,
26:14, 36.9, 4622, 54:15
wntradors [1] 96:14
control [2] 74:12, 75:13
COIIVerSatiOII [2] 4a5, 7a
conversations [3] 5:6, 7:14,
0 v:lt
0, convinced [1] 8323
cooperate [1] 413
cooperative [1] 5823
copies [5] 19:18, 26:6, 33:22,
46:16, 58:14
' Boverie, Jac(tson 82' Spera (3(13) 329-8618 Court Reporters
HOARD OFADJUSPMRNT
Keywords for REPORTER'S TRANSCRIPT - 5/23/96
SPY [ll] 1632, 17.1, 1722, 18:11,
259, 28:10, 28:1 t, 28:12, 452, 62:12,
86:11
corner [2] 1931,933
corporate [4] 76ao, 76:u, 91:12,
93:7
correct [7] 15:6, 37:15, 38:15.
38:17, 82:18, 85:17, I l29
corridor (1] 75:20
cost [i] io6.9
Council [1] 102:1
COUnsel [2] 825. II2:IZ
countervailing [1] n.9
Country [8] 12:18, 13:12, 22:1 t,
291, 51 a 1, 761, St2t, 84:1
COUnIrY [i] 75:13
COnple (5] 54:13, 56:7, 64:18, 688,
9835
COarBe [8] 8:18, 12:13, 2725, 719,
78:11, 1009,105:10,106:13
court [i] 63
court [1] io7a3
COUttroom [2] 724,9:5
cover [3] 9a7, 9:17, 9822
covered [1] 9425
Craig [2] 59:4, 59:21
crane [L] sz:n
«eate (2] 33:1,33:4
«eated [3] z4:z5,3z:ta,71:z4
«ew [i] zt:4
Criteria [1] 37:10
«iteria [9] 21:22, 21:25, 26:22,
28:22, 67:2, b7:3, I0 1:20, 108:14,
los:z2
Cro55 [2] 77:14, 77:14
«oss-examination [3] 58, 6a,
82
cross-examine [3] 7a9, 9a, 95
CSR [1] nz2t
current (4] 16:6, 16:25, 36:17,
u t:1
date [8] 4:13, 37:4, 388, 4o:t t,
41:7, 7224, 7825,111:14
dated [2] 43:4,633
daughter [2] 7sB,7s:la
day [6] 35:25, 36:1, 36:3. 73:20,
9634, ll2a6
days [12] zoai, float, 4o:zo,
42:17, 79:18, 7931, 92:4, 96:6, 96:10,
9622, 97:1, 97:18
dead (1] 94¢3
deadline [6] 4z:n, 4221, 43ao,
43:12, 43:14, 43:18
deal [5] 55x9, 56a, 7325, 91x3,
1o4a6
Dear [i] 60:4
dent [i] 104:22
Dearing [10] 46:17, 4834, 495,
49:23, 52:1, 68:1, 81:21, 100:18,
lao2o, loo:2z
December [3] zoB, zo:to, 4oaz
decide [2] 7za3, tn:n
decided [3] 43a, 66:1, 66.9
decision [8] Bz:16, 9x:22, 95:25,
I O1:18, 1028, 102:22, 10223, 10624
decisions [2] rotas, loBa0
deep [2] 40:3, 40:6
defect [2] 5:19, 5:25
definite [i] 81.9
delay [i] 9:tz
deletions [1] uo:7
delighted [1] 9:14
demonstrative (i] 5823
denial [2] BzS, i 10:15
denied [4] 66:3. 66:5, 110:21,
no2z
Dennis [5] 55:21, boa, 609, 73:13,
776
Denver [$] 23.5, 25.5, 465, 8720,
926
denying [1] lo6:z5
DCpartment [2] 2:10, 68:14
Depending [1] 56az
depending [2] 52:21, Sz2z
depends [i] B5B
depth [3] 3925,39:x5,40:3
describes [2) 2934, Io5:t5
description [1] nag
design [1] ze:zz
designate [2] io7:7,1o7:u
designated [i] 46:17
designation (i] 30:7
designed [4] 26:9, 45:8, 46:2,
103:6
desire [6] 20:23, 24:10, 24:13,
32:10, 32:12, 7112
desiring [1] 24:2
despite [2] 66so, 6620
detail [2] 10:10,103:7
detailed [i] 2s:z4
details [1] 4623
determination [2] 4os6, 41a
determine [2] 90:7, !06:10
determined [Z] 215, toba3
detriment [2] 33.6, 72.9
detrimental [4] 25:13, z6:zo,
37:13, 3720
D1:VHLOPFfHNT [i] 1:7.5
Development [i] 2:7.5
development [9] iz:z, 26:6,
28:12, 28:15, 28:19. 28:2[, 28:22,
2824, 29d
developmenu [3] z4:ls, xs:s,
4822
deviate [1] 924
diffe[ence [2] BI:30, 87:1
different [14] t9(, 31:12, 45:13,
45:14, 45:17, 45:18, 66:7, BIB, 81:14,
5122, 83:7, 9220, 1025, 109:13
differentiy [2] 5:14,94:1
difficult [2] 67:12,51:7
difficulties [i] 335
difficulty [4] 2425, 32:17, 7124,
72:1
dilapidated [i] 9t:zo
dimensions [1] toza6
diminish [1] 27:1
directed [1] 58:7
direction (7] Staz, 846, 85:25,
86:16, 86a7, 93.9, 96:14
directions [1] 3taz
directly [7] IzB, 2Bas, 49:24, i
SSa3, 60:3, 61:4, 93:4
Director [1] 2:7.5
director [2] 89x9,10625
dirt [i] 6423
disagreement [i] 4:24
discuSSed [2] i8a7, 3921
discussions [2] 35:2,94:10
dispute [1] to72z
distracting [2] 596, 60:19
distributed [2] 26:7, 3323
District [1] 6:3
dist[ict [IO] 19:25, 20:1, 20:3,
22:6, 28:15, 28:19, x9:25, 30:4, 100:13,
104:1
disturbance (1] 44:16
divided [2] 195, 43:zo
document [6] u:7, 185, 19:1,
63:1, 633, 104:10
dornmenu [1] 13:6
doing [~F] 88:23, 95:2, 102:14,
uo:19
door [1] 722
dot [1] 19:14
Doty (2] 1122, 112:21
double [1] 55:16
dramatic [I] 63:14
drawing [4] n:z2,166,188, 656
currently [1] z2az
Cllstomerb [2] 8622, 86:23
cut [2] 578, 578
-- D --
DAHL (14] 2:4.5, 4ao, 6:to, 6az,
9:13, 9:23, 68:23, 70:4, 70:7, 70.9,
7020, 71:4, 982, 98:1 t
Dahl [14] 4a t, 7a3, 5:R B:n,
8:17, 92, 43:1, 54:10, 69:17, 70:5,
9722, 98:4, 98:7,10835
damaged [i] 3tao
danger [2] 26:24, 70a8
Daniel [2] 48:17, 52:1
dark [2] t6a2,16:13
darker [1] 869
Bovetie, 7~~~ ~ Spera
(3Q3) 329-8618 Court Reporters
draavings [2] 189,65:12
drawn [1] 9933
driven [i] 9524
driving [1] 6623
dropped [1] lOS:u
due [8] 6:24, 8:24, 22:17, 67:20,
699, 72:11, 741, 82B
dug [1] 47:1
duly [3] 10:7, 41:19, 913
during [6] 4:16, 1023, 312, 34:17,
50:13, 993
duty [2] 32:16, 436
-- E --
eartiet [~] 6524, 9432, 98:10,
1012,1049
early (2] 1003, 1015
earnest [ij tos:is
easier [i] 36b
east [8] 126, Iz:B, 1320, 1331,
1322,145, 5225, 8720
HCHHLMHYHR [26] tas, bas,
10:17, 34.9, 34:11, 34:18, 3425, 35:1 t,
35:15, 35:19, 3524, 368. 36:13. 37:7,
39:7, 39:11, 39:16, 409, 72:19, 7223,
73:4, 7334, 74:13,8925, 902, 9025
Hchelmeyer [3] 6:17, 34:10, 396
HCkart [7] 20:13, 47:11, 47:15,
54:1 t, 57a t, 65:7, 65:11
ewnomy [2] 76az, 76:13
edge [3] 513, St:4, 6722
effort [i]ns
efforts [3] 44:22, 64:10, 73:20
eight [2] 25:12,4221
electroNc [i] 16a3
elevation [4] 14x3, SI:7, 818,
61ao
emblems [S] 65x9
employ [2] 74:10, 76:7
employed [i] 112:!2
employees [2j 34:12, 34:16
employment [i] so:lo
encourage [1] zo3
encouraging [1] 36:10
end [2] iz2o,19a4
endanger [1] 2625
ended [4] 20:7,44:7, 5022,1098
enforcement [i] 64:to
engineer [13] 2522, 2534, 268,
26:13, 26:18, 37:17, 39:20, 46:15
4621, 4622, 54:7, 54:17, 54:17
CagllleCr'S [2] 4620,10421
engineered (1] 508
Hagiaeerhlg [i] 265
engineering [8] 2o:z4, 39:17
4423, 453:1, 505, 90x9, 94£, 1019
engineers [1]3923
Hnglisb [3] z12o
BOARD OF ADJUSTMENT
I
4
enhance [1] 49:17
en]oyed (1] labs
enough [2] 4a:4, toa2a
ensltre [1] 93:16
enter [19] 12:24, 17:x4, 18:13,
28.9, 33:12, 433, 43:15, 46:19, 46:19,
47:6, 49:2, 58:3, 65:19, 65:25, 68:5,
7022, 71x6, 77:19,11 1:10
entered [3] 16:23,176, 69:1
entertain [4] 6:tt, 9:x2, 110:2,
310:7
entertained [i] 1105
entire [2] 322, 32:20
entitled [2] 193,945
entitlement [2] 998,100:7
equivalent [1] 9121
erect [i) 1058
erected [il] 27:19, 30:24, 3122,
32:20, 32:25. 33:8, 338, 438, St:18,
53:7,8023
eredton [1] 326
erroneously [L] 96:12
especially [i] 20:25 ~
essential [2] 23:1,68:4 ~
essentially [i] 93:2 i
established [2] 749,90:4
establishing [1] 3521 I
estimated [1] 90:20
et [5] 2325.94:7, 94:7, 94:7, 101:14
evaluated [1] 81:15
evening [4] n6, 78:6 98:13,992
event [2] 9:13, 112:13
everybody [2] 736,93:16
everyone [7] 55:7, 61a 1, 61:34,
66:13, 7424, 86:15, 92:14
everyone's [3] 51:19, 109:7,
lo9:ta
everything [1]96:7
evidence [5] 57x5, 58:3, 71:14, ~
72:12,10224
evolved [1] 99.1
exact [5] 373, 65:13, 72:23, 90:13.
9023
exactly (4] 31:7, 31:14, 31:22,
36:18
EXAl11INATION [1] 3a
examined [S] 912
example [3] 52:7,64:13,66:19
examples [2] 61:19, 76:25
exceeding [1] 33:3
exception [2] t9ao, loa:24
excess [i] 3221
exclusively [1] 24:10
Excuse [2] 14:19.90:3
excu8e [2] 67:7.110.9
Exhibit [15] 43:3, 46:16, 47:8,
49:1, 49:1, 49:4, 56:10, 58:5, 59:25,
62:7, 62:7, 62:16, 65:4.103:4, 104:7
exhibit [fi] 17:7, 18:4, 46x8, 47.9,
Baverie, Jac(ison ~ Spera
53$,626
Exhibits [3] 58:4,686, 104:15
exhibits [10] 9:18, 13:1, 68:6,
68:24, 69:15, 98:5, 98:16, 103:3,
10420, 107:12
exist [i] 538
existed [i] 25$
existing [5] Iz:n, 19:24, 2224,
3424,106:7
eXi5t5 [1] 8324
exped [1] 96
expedition [i] 695
exiled [2] 4725,87:13
experts [I] m5:3
expiration (1] 40:11
expired [i] 416
expires (1] 112:18
explain [1] 62:4
explained [i] 100:1
expressed [1]702
extensive [1] 4422
eX[ent [3] 58:20, 60:13, 8324
eyesore [1] 44:17
-- F --
face [i) 4o:n
face-to-face (1] 7:14
facd [1] 70ab
facility (1] 64:20
fad [20] 11:18, 34:19, 383, 40:30,
42:18, 42:21, 46:4, d6:5, 46:8, d7:7,
5321,60:8, 77:19, 80:19, 92:1, 98:10,
99:13, 106:7, 108:14, 109:10
fidors (1] 9221
Factory [2] 76:4, 86:14
factory [19] 4s:zt, 51:5, 51:9,
5121, 51:24, 52.9, 52:16, 53:1, 56:16,
56:17, 59:7, 63:15, 67:23, 6724, 72:2,
85:15, 85:18, 8520, 85:23
fads [i] 1026
failure [2] 26:26 107:1
fair [2] 93:20,103:7
fairly [1] tog
faith [I] 57:za
fall [I] z9s
falling [1] 91:20
falls [ij z6as
family [1] 129
fancy [i] 1o6s
tai [5] 13:15, 38:20, 51:3.51:4
6722
Farber [3] 2:2.5, 26:4, 41:23
fashion (1] 97x9
fast [1] 64:25
faVOt [4] 41:4, 7723,7724, 86:14
favorably [1] 55:4
favored [2] 84x3,84:14
(303) 329-8618
Keywords for REPORTER'S TRANSCRIPT' - 5/2396
faxing [i] 77:21
February [5l zaax, so:4, 79:u,
79:16, IOb.4
feeding [i] 10:18
feel [2] 93$,10525
feels-[2] 5az, ta6:4
feet [138] u:zt, n:zz, 13x6,
13x9, 14x6, 14:17. 15:4, 15:5, 16:6,
16:19, 17:19, 18:12, 1821, 1621, 216,
21:19, 21:20, 21:23, 21:21, 21:21,
22:14, 22:20, 2222, 243, 2925, 30$,
30:11, 30:25. 31:7, 31:15, 3122, 32.d,
33:19, 34d, 34:12, 34:25. 35:3, 35:4,
355. 35:12, 35:13, 35:14, 35:16, 35:18,
3520.3521, 3523, 3525, 363, 39:13,
44:12, 45:8, 46:2, 46:3, 46:6, 46:8,
46:10, 47:1, 506, 5021, 50:22, 50:22,
518, 566, 56:11, 56:12, 56:20, 5621,
57:16, 58:38, 58:22, 59.1, 59x6, 59:18,
60.9, 60:14, 60:19, 61:2, 61:3, 61.9,
61:1 t, 61:52, 61:20, 61:24, 63:12,
63A5, 63x7, 6321, 63:24, 64x, 645,
64:7, 6420, 6421, 6423, 65:1, 65:30,
65:15, 65x5, 65x6, 66:4, 666, 66:10,
66:23. 67:10, 67:18, 74:21, 76:14,
7623, 88:10, 88:17, 89:2, 90:15. 922,
93:1, 93:11, 96:1, 96:12, 96:22, 99:4,
99x9, t01a7, IO3A0, 103:25, 104$,
104AI, 104:14,105:16 IOS:I7,10520,
30521, 10522, 106:19, 109:4, 109:12,
to9a5, 109:18, no25
fell [i] 9aao
felt [1] 99:12
fence [i] 12:36
few [6] 19:10, 38:1 t, 67:14, 97:22,
985,9821
field [3] 25x9, z6az,105~
fight [ij 938
figure [2] alit, 108:1
file [12] 1225, 1723, 1725, 18:6,
18:7, 18:10, 54:2, 65:20, 65:20, 6525,
6923, 799
flied [3] 543.71:13,106:18
files [7] 68:25, 698, 69:1 t, 69x2,
7023, 8025,1078
filled [2] n:1a, 3724
final [2] zs24,94:z
find (14] 2124, 23:17, 565, 6122,
625, 65:21, 66:2, 819, 5620, 104:3,
1085, IIiB, Ill9,111:10
findings [2] 21:24,222
fine [5] 9:3, 29:18, 71:23, 91:7,
loth
finish [2] 70:5,708
finished [2] 29:18,9725
fire [lj 26:x5
flint L3] 47:10, 60:4, 60:15
firms [1] 7325
First (2] 7:4, 42as
first [18] 10:7, 3021, 34:14, 34:15
35:10, 35:10, 45:19, 4521, 673, 75:1
78:23, 79:4, 91:2, 91:23, 92:4, 92a
107:17,108:21
flue [10j 10:19, m:zo, 4220, 62:1,
SO:l2, 816, 6123,955,96:4, lai:16
fix-it [i] 1022
flags [3] 93:19
flat [I] 8L•i7
flatbed [i] 35:7
flatten [i] 63:13
flip [1] 65:7
flipping [i] 85$
Floor [i] 23
folks [i] 245
follow [2] 25:10, za25
follow np [3] 97:23
followed [1] 253
following [6] 17:4, 1a:19, z5as,
50:16, 686,1078
follows [4] 10:7, 4120, 912,95x9
Foods [i] 91:19
foot [3] 1123, 2323.5323
footing [I] 4721
force [i] 86:15
forced [4] 59:18, 6725, 71:1, nab
foregoing [2] 30.2, 1128
forgiveness [5] 93:24, 91:25,
9325, 95:15,107:20
forgot (i] 7725
form [i] 112:7
formal [I] 998 •
forms [lj 18:16
forth [L] 1126
forum (1] 92:19
forward [7] 7:12, 9:169:14, 55at,
693, 948, 97:16
found [5] 20:15, 34:16, 36:19,
4325, 61:19
fomdation (1] z6a6
foir [8] 6:20, 23:7, 42:13, 53:21,
62:6 68:1 t, 8022, Bt2
fourth [1] x7a8
Frankly [1] 53:15
frankly [2] 4420,713
freestanding [4] 22:24, 2922,
2923,103:15
freezing [1] z1:t
Friendly (1] 1323
frighten (1] 68:19
front [9] 4:20, 1323, 21:7, 2222,
44x2, 7025, 82x2, 101:12, 104:12
FRONTAGE [L) 18.5
Frontage (10] u24, t2a7, t3ao,
14:1, 1725, 2(1:14, 438, 56:13, 84:16,
84:19
frontage [i] 4451
full [10] 2720, 338, 33:10, 47:2,
49x3, 49:15, 548, 94:4,948,1129
fully [2] 26:17, 5825
B, further [17] 14:4, 22:23, 25:5,
2' 38:19, 418, 59:3, 59:17, 72:18, 78:14,
78:17, 84:2, 84:4, 84:7, 84:25, 1075,
Court Reporters
EOARDOFADJ[JSTMENT
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
10925,1(2:11
future [2] 946,95:7
-- G --
game [6J 78.6, 78:14, 911, 91:5,
1002, 100:2
garage [2] ta2~,lozat
gave [12] 17:14, 16:10, 18:11, 259,
3623, 54:13. 572, 62x4, 939, 104.9,
104:15,10420
gee [3] 5:15
general j6] 11:25, 16:9, 28:20,
44x8, 758, 75x5
Generally [4] 19:24, 26:7, 8320,
8320
generally [il] 5:7, 12:16, tut,
198, 198, 23:15. 2320, 2921, 33:17,
40:7, 8321
GERALD (1] 2:4.5
Gerald [i] 4:u
gets [2] 665, 86:7
getting [6] az~,7oa5,679,97:n,
100x9,109:5
Gibley [1] lo3:zz ~
GmLEY [63] z:7s, 4:4, 106, 108,
10:21, 11:2, 11:6, 11:8, 11:10, 13:5,
13:8, 14:11, 14:16, 14:21, 15:3, 15:6,
158, 15:1 Z, ISa9, 163, 18:4, 24:21,
2424, 29:15, 29:20, 34:14, 3420, 35:1,
358, 35:13, 35:17, 3522, 362, 3b:10,
36:15, 373, 37:15. 37:19, 3725, 38:6,
36:15, 38:17, 38:24, 399, 39:14, 3920,
4005, 733, 77x8, 799, 790 1, 79:19,
7923, 803, 80:7, 80:16, 813, 83:20,
84:15.85:2, 9721, t 111:17, 110:24
Gidley [61] 3:3, 7x5, Bat, Ba S,
Hal, 93, 9:4, 9:8, 9:15, 428, 4203,
42:22, 42:23, 42:24, 43:19, 43:21,
4420, 4425, 453, 46:11, 4604, 47:7,
47:11, 47:15, 481, 48:7, 54:1, 54:4,
54:10, 54:23, 56:22, 58:5, 56:7, 589,
58:25, 59:24, 60:3, 67:2, 69:19, 71:1,
71:5, 72:6, 73:5, 73:15, 73:16, 74:1,
74:18, 74:20, 78:7, 79:6, 82:6, 85:5,
85:1 t, 43:13, 93:14, 94:25, 95:7,
101:10,105:12, 108.9,110:22
Gidley's [4] 44:9, 45:19, 7o:z4,
86:IH
give [9] loos, 29:17, 46:16, 51:16,
54:16, 62:16, 75:10, 75:17,107:12
given (4] 89:7, 98:16, 103:4, 104:7
gives (i] 456
glad [i] 75:25
glance [1] 86:5
GLEN [2] z:7.s, log
Glen (17] 3:3, 7:14, 14:25, 160,
' 24:20, 37x0, 38:20, 41:9, 42:7, 58:7,
b0:4, 79:15, 79:15, 82:1, 83:2, 83:4,
9720
good [17] 40:19, 52£, 57:24, 6420,
6423, 6620, 72:14, 772, 79:18, 82:19.
82:20, 82:23, 82:24, 69:13, 94:9
101:18,10823
GOt8u0h [1] 2:4.5
govern [3] logxo
governed [3] 28:4
governing [i] 26:7
grade [2] 23:12,23:14
grandfathered [3] 68x2, Bos7,
80:24
grant [Sl ~~, 6620, nab, toB24,
10923
granted [13] 22:25, 31:8, 42:24,
59x5, 61:24, 66:18, 67x8, 68:3, 72:4,
89:10, 89:12,102:15, IOB:l2
granting [3] 2502, 37:13,10922
grateful [1] 105:25
GRC [1] 26:5
great [$] 55:18, 56:1, 8722, 91:13,
106:14
greater [i] 351
greatly [Z] 49x7, 7609
Greg [I] ez5
ground [17] 40:3, 406, 408, 459,
45:25, 47:1, 55:16, 56:4, 56:5, 56fi,
64:24, 650, 65:1, 81:18, 853, 90x2,
97:5
grounds [i] 9106
group [4] 6:21, 92x6, 92x7,103:4
guessed (i] 1o3a7
guidelines [1] SOa7
guy [1] 98:13
-- H --
HAGL [3] 45:25, 460, 460
half [i] 4z;z
hand [3] tta4, zsa 1, 1 1206
handy [1] 6520
happened [3] 363,84:22,93:16
happens (2] 862, tot:6
happier [1] 53:18
happy [6] 9:to, 522, 5209, 5525,
57:14, 95.9
hardship [19] 23.9, 23:10, 23:12,
23:17, 24:25, 25:1, 25:4, 31:19, 3124,
32:12, 32:14, 32:18, 33:2, 71:24, 72:1,
72:4, 82:13, IOH:15, 108:17
harm [12] 33:3, 59:13, 59:19,
59:20, 5920, 67:10, 67:11, 71:3, 75:23,
76:15, 76:22, 9223
harmed [3] s68
hash [1] 1902
hasten [i] 3aa3
haul [1] 35:7
headquarter [i] 9109
heads [1] tos9
health [1] 4922
hear [6] 4:2, 4:9, 65. 15x6, 78:4,
99:10
heard [14] S:t4, 5:15, 55:21, 5523
Keywords for REPORTER's TRnr]scR~T - 5r23ig6 `
5524, 5622, 6522, 66:7, 688.68:25,
69fi, 69x3, 69x4,9621
hearing [24] taz, 409, 6:4, 69,
8x6, 33:15, 46x8, 47:10, 47x8, 4724,
48:1, 49:11, 55:1 t, 5521, 73:13, 7321,
92:3, 99:19, 106:4, 110:1, tit:5,
111:18, 111:19, 1121
hearings [1] 98
HEIGRT [2] t:6, 16.5
height [80] na4, ua6, n:16,
11:21, 16:20, 1625, I8:I2, 18:18,
21:12, 21:19, 21:19, 229, 23:4, 2323,
2323, 24:4, 24:12, 28:8, 2925, 30:4,
30:11, 3024, 312, 3122, 3221, 3223,
333, 33:18, 3320, 33:21, 341, 45:7,
459, 4525, 46£, 49:16, 49x6, 5021,
52:7, 528, 52:13, 52:17, 5222, 5224,
53:16, 53:19, 5323, 54:2, 552, 55:12,
SS:t3, 56:4, 58:22, 592, 54:5, 59:7,
598, 59:16, 60:14, 60:17, 60:19, 60:20,
6025, 61:7, 6t:15, 6t2o, 62:11, 63:13,
6320, 6324, 64:1, 6724, 6923, 742,
7421, 83:18, 90:20,95:22,105:6,1068
heights [4] 62:10, 63:7, 90:7,
10903
held [i] Iola
help [2] 10:20,963
hereinabove [1] 1126
Righ [8] 12:18, 13:12, 22:11, 29:5,
Slat, 76:4, 8121, 84:1
high [21] 38:21, 21:3, 21:4, 215,
21:6, 2t:lo, 31:15. 46:8, 50:6, 50:6,
5025, 52:19, 53:1 t, 53:15, 63:18, 648,
65:10, 65:18, 90:24, 109:12,109:15
higher [12] 24:2, 35:16, 35:17,
36:5, 45:8, 46:10, 51:20, 52:3, 768,
103:16, 109:7, 1098
highlighted [3j Iz2z, 25:3, 7s:n
highway [34] 4324, 52:24, 56:13,
669, 70:2, 75:21, 83:6, 86:25. 87:7,
87:16, 87:17,89:3, 90.1,90:12
highways (i] Bz:zt
himself [i] 2005
hired [1] lot:zz
history [2] 4021,40:24
hlt (1} 95:19
hockey [1] 78:14
hold [1] 40:4
holding [1] 473
hole [2] 46:25,472
Holley (2] 33:24, 73:12
home [3] izao, 7sao, 78ao
homework [i] loa:zo
honest [3] 352,3922,809
honestly [i] 73:zo
hope [i] 41.9
hoped [1] Bs:zo
Hopefully [i] 3a:z4
hopefully [1] 558
hole [4] 1:15, 428, 56:24, 87:7
hours [3] 422, SO:ii, 91:14
housekeeping [i] 107:7
houses [1] 12:18
HOVLAND [2] 1:185,95:13
humanly [7] 4423
hundred [4] 44:12, 463, Sob, 73:1
hurt [3l 6725, 8523, x5:23
Hyatt [3] 22.5,26:4,4123
Bovetie, Jackson 8C Spera (3Q3) 329-8618 Court Reporters
-- I --
f-70 [24] 1124, tz:7, 143, 1725.
149, 19:1 t, 19:15, 20:14, 438, 442,
44x3, SL•21, SL•23, 52:25, 56x7,
58:33, 59:21, 75:19, 76:17, 76:18,
84:18,8623,8720,88:10
1-76 [3] ~i7~ 64:19, 6421
Idea [3] 51:16,5122,9924
identified [i] 90:11
identify [i] So25
ignore [i] 7024
ill [1] 760
Htinois [2J 266,4621
illustrates [1] 302
immediate [i] 75x1
Immediately [1] 33:14
impad [i] 2224
impair [3] 2623, 27:1, 273
impairment [2] 72:10, 839
implication [5] 99:7, 99:22,
9923,100£,101:1
important [7] loat,76a6,7sat,
8120, 99:1,100:15,104:4
impossible [2] 84:21, s423
impression [1] 52
improve [2] 76x2, 7603
improvements [i] 25:14
inadvertent [i] 312
iaappropriate [3] 698, 69:to,
712
IItC [2] 265, 27:10
incentive [2] 3a:t3, 44.1
Included [1] z6a '
indading [2] 3023,64:14
IaCOme [S] 22:5, 32:13, 32:14,
32:16,67:13
inconsistencies [1] 6621
Incorporited [3] 33:15, 41:25,
58:7
incorred [i] zea
inerea6e [4] 2623, 26:24, 27:4,
312
increased [1] 76:7
incumbent [1] 22:1
indeed [3] zt5, zlao, 93xo
indefinitely [i] nta5
independent [i] 748
INDEX (1] 3:1
indicate [I] 15:13
indicated [14] s:u, Iza, Iz:zz,
BOARDOFADJUSCMENI`
LJ
~~
1
Keywords for REPORTER'S TRANSCRIPT - 5/23/96
i 7:3. 24:3. 24:6, 25:18, 31:i, 31:5,
3422, 3423, 70:1, 7720, 7725
indi4ytes [2] 33:17,903
individual [6] Sz:4, toz:z, 1oz9,
1029. 105:10, 108:10
individuals [5] 7:zt, 8:5, 4744,
61:4, 74110
INDUSTRIAL [1] 1:7.5
Industrial [1] 296
industrial [16] tz1, 126, 27:21,
28:4, 28:6, 28x4, 28x9, 28:20, 295,
33:9, 43:24, 44:10, 48:21, 75:21,
103x4, 104:1
industry [$] 47:5, 45:7, 50:16,
87:15, 88:5
inexcusable (1] 69:18
inform [3] s:1o,436,6oas
Informal (1] 999
information [6] 26:7, 33:13,
36:12, 36:14, 3825, t t 1:10
informed [i] 74:17
Ltforms [i] 5824
ing [I] z6 I
initials [1] 77x7 I
injurious [5] 25x4, 26:20, 37:14.
3720, 49:20 'i
injury [i] 75:23
inquiry [1] 47:12
inspect [1] 2o:t3
inspection [3] 1722, 20a 5.39x9
inspections [1] 26x2
inspector [5] 20x3, 20x5, 3911,
47x2,65:7
install [i] 104:25
ill5tatlCe [z] 61:22,83:22
Instead [1] loza
instead [4] 91:4, 91:23, 9324,
1059
instigated (L] 15:11
instructed [i] 91:4
integrity (4] 47:16, 4722, 57:13,
91:15
intend [z] 24:7,65.9
intended (z] So:z1, 65:15
intent [5] 333,6622, 96:15, 97:17,
97:15
intention [i] 69:23
intentionally [1] 105:17
interest [8] 32x9, Stag, 61:20,
61:23, 6123, 7t 25, 7424, 109:18
interested [1] uat3
interfere [z] Slao, Stxi
interfered (i] 106:11
int¢iferenrR [2] 523,52:16
interfering [2] SDx3, 106:16
interject (1] 18x7
interrupt (1] 8022
intersection [2] t3a0,19a5
Interstate [1] 12x3
iaterslate [3] 23:15, 818, 81:18
inirnduce [2] 719,71x2
introduced (1] 69x1
investigations [i] 26:12
investor (4j 89:18 91:ro, 91:11,
94:4
invite [1] 92:10
involved [9] 34:12, 34:16, 79:7,
91:18, 94:10, 966,96:10, 97:1, 97:17
imguLtr [1] 23:16
irreparably [i] 9224
issuance (1] 41:4
issue [2S] 4:5, 6:2, 7:13, 219,
21:12, 24:18, 26:17, 31:19, 32:4, 32:10,
44:19, 44:21, 46:11, 46:14, 47:16,
4723, 48:1, 5020, 7024, 729, 87:15,
993, 99:11, 100:25, 10025, 101:10,
10324, 1049
issued [z] n:19, 416
issues [2] 40:21, 42:13
items [i] 419
IV [3] 29x, 29:2,10325
-- J
January [i] zoa
JERRY [1] 1x8.1
job [3191x2, IOL23, 101:24
John [4] 20:13, 54:11, 656, 65:1 t
joint (4] 36:4, 366, 36:7, 3821
jointed (i] 36.a
joints [1] 571
Joseph [z] 6x9, 63:a
judgment [1] 66:20
July [i] nza8
June [1] uz:n
JUNEER (1] tag
jutisdidion (2]46,18x6
justify (2] 31:1, 74:4
-- K --
Rashtwa [7] SS:z2, 57:26 74:7,
8522, 86:13, 88:1, 93:2
keep [2] 423, 42:io
key [i) 23.9
kind [i4] 5x9, 19x2, 51x7, 74:4,
83:17, 84:12, 95:13, 95:14, 95:19, 99:7,
99:21,100:7, 103:4, 103x7
kinds [i] 12:7
Rirgis [1] 2:5
knock jl] 47:4
knowledge [4] 39:10, 649, 80:7,
8023
known [2] 82x4, 108:17
-- L --
Libeled [2] 62:1, 622
laid [i] 103:6
Lmdowaer [2] taox7, m16
landscape [i] iz9
Loge [4] 12:10,13:11.52:17, 92:14
Ltrgely [1] 99:4
last [20] 7:16, 24:17, 3620, 41:14,
4521, 479, 55:10, 5510, 73:13, 73:19,
73:21, 92:4, 96:6, 969, 9625, 979,
97x8, 102:11, 102:16,1 t l$
Llstly [1] 100:15
late (7] 4x4, 42:5, 73:18, 9522,
96:1,98:12,110:10
Leer [3] 79, 469, 665
Law [z] 22, 2iS
LtW [2] 41:7, 47:10
Laws [8] 1621, 17x6, 193, 192$
1923, 2123.28:m,30:13
Lawyers [i] ta:z
laying [i] 429
lease [5] 22:13, 30:15. 30:17,
10425.105:1
least [25] 4:17, 4:20, 7:6 44:15,
44:16, 64:12, 65:11, 80:7, 50:10, 81:10,
8325, 97:4, t 00.9,107:1,108:12
leave [2] 37:23.71x2
leaving [2] 936, 95x0
lefr [3] 13x5, 48:19, 76:18
legal (4] 9:18,15:4.4024,10023
lengthy [i] to9
le$s [9] 2022, 20:23, 52:3, 52:14,
56:14, 596.60:19, 9021, 106.9
lessee [i] 756
lessor [1] 75:10
letter [25] 2522, 26:4, 268, 33:17,
33:24, 43:4, 47:10, 47:13, 47:[3, 54:19,
58:5, 58:6, 59:24, 59:25, 60:2, 629,
62:13, 63:4, 73:1 t, 73:14, 73:15, 73:16,
73x7,7721, 7saz
Letterman [1] 916
letters [4] 73:5, 100x9, 104:2 t,
10422
level [9] 1o:m, 23x3, 23x4, 4525,
61:16, 64:24, 81:18, 85:1,95:1 t
liability [i] 26:17
liberties [1] 94x8
fife [2] 83x4, tOR7
lifted [1] 57:7
light [7] 12:12, 16:15, 26:23, 273
58:22, 609, 72:10
liked [1] 59
limit [3] t 5:4, 83:19,88:16
limitation [1] 103x7
LINDA [1] 1:19
line [$] 21:7, 22:21, 2223, 31:11
1116
lines (1] 55:15
list [2] 77:7,899
listed [i] 77ao
little [6] 21:15, 255, 2520, 6222,
7523.93:25
live [2] 76ao,76a1
load [S] 14x9, za2o, zo1t, z6:u,
26:14, 4624, 50:18, 54:15
loads [3] 2024, 403,SO:t9
lorllity [4) 232, 236, 4921,68:4
IOCate [2] 100:18,10010
LOCATED [i] t9
located [26] 15:14, 17:15, 1824,
191, 19:16, t9:2o, 1925, 20x4, zz:7,
22:20, 2222, 25:15, 28:3, 289, 29:4,
2924, 316, 38:6 4611, SO:IO, 59:12,
63:10, 6712, 75:19, 7522,82:12
IotltiOn [16] 1124, 19:13, 4012,
4023, 812, 59:10, 59:11, 65:13, 668,
72:2, 81:14, 81:15, 88:19, 105:1,
106a 1, I I I:1
lOCatiag5 [1] 81:13
logic [1] 38x6
logos [i] 55:19
long [6] 219, 41:5, 7322, 749,
9612, 9623
longer [z] 68:16, 825
look [16] 149, 3825, 391, 4425,
45:5, 5024, 51:12, 55:4, 75:5, 83:10,
872d, 899, 933.96:17, 97:13,1022
looking (14] 13x6 13:19, 1326
14:3, 14:4, 46x2, 80:25, 81:24, 82:2,
83:12, 93 +, 9315, 97x2, 10123
IOOks [6] 45:13, 54:17, 54:17,
6420, 88:18, 952D
lose [3] 86:12, 86x6, 8646
lose-lose [i] 86:12
loses [3] 86x5
loss [3] 32:12, 32:14, 32:16
lot [S] 42:6, 51:22, 66:1 Z, 85:20,
86:18,8621,8624,1069
lots [I] 2224
LOII [i] 2115
low [1] 51:4
lower [20] 14x2, 3421, 35:6 353,
35:4, 35:7, 3520, 3624, 5623, 5615,
57:2, 57:3, 58:18, 859, 86:16, 95:21,
97:12, 97:14, 993, i 1025
lowered [25] 1120, 13x9, 14:25,
15:4, 15:7, 166, 16:18, 22x4, 33:18,
35:4, 35:14, 35:19, 3515, 519, 573,
576, 66:17, 67:10, 6725, 7220, 7221,
76x4, 84x,96:18,10525
lowering [6] 34:4, 34:17, 5725
736, 93:19.976
lowets [1] 99:18
-- M -
made [10] 26:13, 27:15, 40:25
66:20, 7320, 906, 9410. 9420, 9521
9525
major [i] 9211
' Boverie, Jackson 8:: Spera (303) 329-8618 Court Reporters
BOARD OF ADJUSTMENT
LJ
majority [2] 5722, 88:14
make [32] 721, 6:7, aas, s2o, 93,
93, 99, 2124, 22:2, 24:4, 24:10, 24:13,
32:11, 40:15, 44:22, 47:19, 55:24,
67:12, 66:21, 7L•6, 77:10, 78x, 786,
90:2, 92:22, 93:12, 101:18, 102:7,
10221,1052,1089, 108:23
making (5] 8:19, 28:5, 94:7,
10220,106.1
manager [1] 921
manl3faCt11K [1] 10424
mattnfactnring [1] Iz:12
Map [i] 19:3
March [i] 54:to
marked [4] 2x:16, 56:10, 62:7,
62:15
marks [i] 19:12
Marshal (1] 6325
MARY [1] 2:11.5
materials [3] 13:1,13:1,104:12
matter [19] 1:12, 4:12, 522, 6:4,
IOxS, x18, 23x8, 30x3, 383, 3922,
40:17, 429, 49:12, 60:6, 66:1, 73:6,
soa9,9o:16, 1112
MAURO [3] 1:19, 3820, 39:5 i
mar. [1] 16x2
Maximum (1] zo2
maximum [il] zox, 21x8, 21x9. ~
23:23, 23:23, 24:4, 28:8, 2925, 30:4,
58:22,60x4
May [7] t:ti, 9:20, 11:13, 15:17,
388,732,77.5
may [10] 422, 19:25, 2125, 388,
52$, 692, 70:21, 716, 83:13,105:18
mayor [2] 92.9, 92x1
McCARTNEY [1] 29.5
McCartney (4] 7:15, S:iS, 54:4,
54:5
~I mean [5] 73:7, 759, 82x6, 9021,
96:21
measure [3] 629,9ox3,90x7
measured [1] 9ox5
measurements [1] 90:7
meat [1] 16x7
medical [i] toa6
medications [i] tt:t
Medplex [1] 73.9
Medved [20] 33:25, 55:21, 55:22,
55:25, 5720, 57:20, 60:2, 60:2, 60:5,
60:10, 60:11, 60:14, 60:18, 60:21,
60:24, 60:24, 73:7, 73:14, 74.d, 76:4
Medved's [1] 73:11
meeting [4] 11x3, 15:25, 56:2,
84:22
MELCHRR [57] z:z, 6x6, 6:23
29:12, 29:14, 29:19, 36:21, 41:12
41:15, 41:18, 4121, 45:12, 45:14
45:18, 52:12, 62:14, 62:19, 6224, 63:3
69x6, 705, 708, 70a t, 7021, 7L•IS
7 L•22, 7221, 7225, 73:10, 745, 74:1 i
75x6, 778, 77x3, 78:2, 78x6, 78a<,
7824, 79x, 796, 79x2, 80:21, 8121
822, 85:4. 873. 87:11, 9820, 88:24,
899, 99:17, 89:24, 909, 983, 107:6,
107:17,1113
Melcher [18] 3:4, S:t3, 6:12,
41:11, 41:22, 70.9. 716, 80:4, 89:16,
92:18, 93:10, 99:10, 99:13, 99:22,
10221,104:3,105:18, 107$
Melcher's [4] 47x2, 69.9, 103:7,
104:12
melt [1] 5aa7
Member [1] 6:n
member [3] 6:24, 44$, 57:5
M13hiBERS [1] 1:16.5
Members [2] 4xo, 96:n
members [3] 6:n, 1o8, 61x4
memory [i] sotto
mention [4] azxo, aza6, m1aa,
1038
mentioned [9] 44:5, 58:6, 618,
646, 668, 703, 715, 71:7, IOD:t6
Melt [i] uz2
merits [2] 696,109:19
mess [i] 99x6
met [8] tSa S, 54:10, 56:1, 58:16,
60:7, 93x4, 93x5.1Ot:2t ,
meUlod [3] 90:14,9022,9023
methods [3] zo:n, zs:zo, 2521 ~
MFS [1] 92:5
mid-point [2j 27:7, z7s
middle [8] zo25, 27x6, 56d, 56$,
566, S7a0, 58x,97$
Might [1] 29x4
might [4] 39:3, 51:10, 56:14, 73:10
miles (2] 8623,87:7
Miller [3] t3xo,19:u,s4:n
mind [2] 835, 83:7
~ minute [3] 626, 62x7, 6322
it minutes [3] 10:19,1020, 96:4
mischaracterized [1] 7x
II misperception (2] 4:n,4x9
missed [i] lo:z4
misunderstood [1] 109:1
mix [1]69:7
Moberg [1] 6z$
modus [1] 93:15
moment [3] 536, 53:24, 679
money [4] 24:1 t, 24x3, 32a i,
85:20
Keywords for REPORTER'S TRANSCRIPT - 5/23/96
Motion [I] II0:15
motion [4] IIO:z, 110:3, 110:5,
11022
mountains [1] 5123
move [10] 168, 38:14, 693, 7520,
7622, 938, 93:17, 93:18, 93:18, 98.9
moved [4] 76:2, 76:16, 76:18, 97:7
Moving [7] 16:4, 16x6, 29:2x,
30:19, aid, 31:19, 32:4
[roving [6] 27:7, 33:6, 3722, 76:17,
96:12,96x3
muddle [2] 86:7,8725
-- N --
nail [i] 10323
nailing [1] 10323
name [4] 4122,77:7,77.9,8923
gamed [1] 70:10
!lames [3] 70:15, 70x9,7ta3
naming (1] 70x5
near [1] 6221
necessarily jl] 23:3
needless [i] 76:22
negative [1] 93:17
neglected [1] tmaa
negotiating [1] totb
neighbor [1]949
neighborhood [IO] 25:15, z7:z,
49:19, 4921, 5o:t, 56:zo, 59:6, 599,
bta, 61:24
neighborhoods [2] 61x3,8222
neighboring [2] 3123,75:7
neighbors [4] 44x6, 55x7, 66x6,
67x0
Neither [i] 49x9
neither [2] 53:2, 86:7
never [8] 7:17, 64:6, 649, 70:3,
7t:i 7, 85:17, 93:14,107:22
new [8] 6:4, 14x8, 43x3, 4523,
6825, 76x,88:19, 91:16
next-to-last [L] 96x3
nice (1] 69:7
nicely [i] 93:23
night [2] 49:13,111x8
nine [2] 21:25, 26:22
noncompliance [i] Bog
nonconforming [2]zOd, 2o6
nonresidential [1] 29:25
Normally [i] 39:22
normally [3] 11:23, 20:x3, 39:16
North (1] 1125
north [5] tz6, 12.9, 19:11, 64x7,
84:25
montage [2] 876,a7:z4
month [5] 6x9, 622, 7x6, 91x3,
93.b
months [4] 38:11, 42:20, 42:2 t,
665
moot [2] 11023, 110:24
more [21] 42:21, 43:23, 51:12,
5322, 56:19, 63:21, 76:7, 78:11, 78:18,
89:18, 93:19, 94:4, 95:1, 95:18, 97:19,
9825, IOl:i 2, 10323, 106:1, 107:14,
111:10
mostly [1] lo4:zt
Bovetiz, Jackson 8z: Spera (303) 329-8618
northeast [i] 143
notarial [1] uzx6
Notary [i] 1123
note [i] 70:19
IIOteb (1] I12:I0
NoUting [2] is:to, tot:tz
nothing [6] 46:7, 49:d, 63:17,
73:16, 97:15,110:1
NOTICE [i] t:tl
notice [2] 46.5, to3:zz
noticed [I] 11:15
notified [2] 53x0, 65:t7
November [2] 6523, 66:1
Number [29] 4:3, 22:16, 23:7,
249, 24:16, 2424, 25:12, 2622, 3120,
32:17, 37:10, 433, 46:17, 48:15, 49:1,
49:1, 49:4, 59:25, 62:7, 628, 62:16,
63x9, 6323, 6325, 643, 64:15, 65d,
67x9,6925
number [33] zo:z, zo:z, 30:4.
54:22, 5423, 5524, 60:7, 618, 623,
63:9, 63xo, 64:2, 65x2, 66:2, 66:4,
67x6, 6820, 6920, 6920, 6925, 71:7,
71:7, 7123, 72$, 725, 74:10, 82:20,
89:10, 90:6, 108:15, 109:9, 109:13,
1115
Numbers [i] 68:7
numbers [4] tab, 30:20, 103x6,
103:16
numerous [1] 11x6
nursery [i] tz9
nuts (1] 1023
- Q -_
Oaklawn [1] 266
objed [6] 821, 53:16, 53:17, 5523,
69:19,71:16
objected [7] 53x1, 53x4, 5320,
5520, 5720, 66x t, 66:15
objection (7] a:14, 33:19, 34:3,
345, 5125, 522,71:17
Objections [2] SS:t0, 66:10
Objects jl] 5325
obligation [i] 412
obs[rnct (2] 512o, 62:14
Obstructed [2] 24:15, 533
obstructing [1] so:t3
Obstruction [2] St:t7, 63:16
Obviously [2] 1x21, zo3:
O11vi0IISly [9] 9:25, 21:3, 49:12,
55x, 552, 63x4, 77x5, 892, 97:6
occasions [i] 60:7
occur (2] 9:11, 29x6
OCCRrs [2] 8625, 88:12
offered [1] 6924
Offering [1] 38x3
Office [2] 37d, 933
Officer [i] x:u.5
offices [i] 7:15
Official [i] 143
officially [1] 389
old [3] 76:1, 60:17, 91:19
Court Reporters
aoaxD of AD~usrn4aN1'
l~
on-site [i] 39:18
Once [4] 31:25, 32:14, 339, 3325
OIICe [4] 303.306,30:17,96:1
One [10] 18:7, 189, 27:22, 56:8,
622, 78:18, 7923, 8t 5, 84:13, 101:19 _
one [51] 7:6, 16:11, 18:10, 21x,
21:17, 24:7, 27:17, 27:24, 32:20. 36:3.
37x4, 37:21, 44:2, 44:5, 532, 54:14,
55:14, 56:11, 57:4, 36:4, 62:19, 64:11,
64:12, 64:25, 67:16, 79:19, 79:24,
Stan, 823, 82:10, 839, 83:16, 84:13,
88:12, 69x, 69:3, 89:4, 89:5, 89:17,
90:3, 92:21, 936, 94:14, 95:18, 96d,
99:5, 99:6, 100:13, 102:5, 102:13.
102:16
ones [1] 83:5
open [2] 45:to, 682a
operandi [i] 93:15
operate [I] 67:15
operation [i] 10622
operations [i] 943
opinion [lJ 82:13
opportunity [2] 5:21,97:7
opposing [1] s25
opposition [3] s8:19,60:iz,77:za
option [1] 106.:o I
options [2] 54x4, 54x4 ~,
orbiting [1J 836
order [5] 15:25, 2193, 54x, 57x,
uo21 i
ordinance (1] 12:25
Oregon [4] 91x7, 92:10. 92:1 t,
94:17
Original [3] 78:22, 7824, 792
priginally [1] 11:15
originally [6J u:u, ua9, 269,
52:7, 63x4, 65x6
Outdoor [3] 63:19,64:14,659
outdoor [I] 75x4
outline [2] 61x7, 639 I
outlined [i] 107:3
outlying [1] 7524
outside [2] 87:20,919
over-engineered [i] 40:7
over-height [7] 75x5, 76:4,
7625, 77:2, 82:19, 8221, 82:25
overall (1] ss:16
overe [1] 64:2
overhead (3J 1za, 1223, n:7
override [3] 16x3, lazx7, 10299
oversight [i] 97.9
own (12] 15:13, 25:10, 69:22, 73x6,
74:11, 81:15, 81:17, 95:25. 99:14,
99:14, 100:11, 100x2
owner [24j 22:16, 23:10, 26:18,
30:18, 31:4, 316, 3121, 32:24, 33:14,
393, 4L25, 48:16, 49:5, 50:11, 50:12,
52x, 52:2, 52x9, 67x9, 756, 75x0,
8522, 94:14, 106:4
owner's [3] 31.9, 48:25, s2:7
Oivnerb [22] 78, 7:10, 23:4, 3225,
33:4, 53:14, SS:I7, 55:19, 57:19, 70:1,
70:4, 72:15, 7322, 74:19, 75:1 1, 92:13,
94:11, 94:21, 97:5,108:4,10&6, 10920
OWRS [i] 55:22
-- P --
pack [2] 13:1, 13:1
packet [4] 176, n9, x523, z7:u
packets [i] 9523
PAGE [1] 32
Page [2] 27:17, 28:16
page [7] 28:2, 30:19, 30:21, 32:5,
659,98:19,104:2
Pages [lJ 3o:zo
paper [1] 45:17
paragraph [i] 262
paragraph [4] 27:18, 27:16, 309,
3021
paraphrase (1] 58x5
paraphrasing [2] 3z:t1,6o6
pazcel [2] 23:16, 23:16
Park [1] 29:7 ~
parking (3] Iza t, 86:21, 8624
part [13] 1023, 1024, 1723, 186,
19:22, 26a 2, 299, 3725, 379, 5620,
93x7, 97x0, 10321
particular [14] 4x2, 21.9, 23:7,
24:6, 25x7, 26:17, 29:4, 40:17, 4022,
61x3,8196, sz.9, 6322, tota3
parties (2] 3o2z, uzx2
parts (ij 76:17
pass [4] 185,18x4,49:3,62:15
passing [1) 876
past [9] 5:3, 9:25, 13:14, 44:12,
58:10,72:22,79:17,79:21,107:10
patience [S] 42:5
PAUL (lJ txs.5
PaY [2j 74x0,769
people [15] 5:25, 6:1, 7:25, to:1,
55:2, 55:3, 71:6, 75:8, 75:15, 76:8,
87:23, 96x9,99:14,102:2, 108:17
percent [3] u:22, 69x7, 73:1
perception [2] 7:z, 73
perfectly [i] 70:20
perhaps [1] 1043
perhaps [5] 39:1, Stxt, 53:22,
g6:t z, t 04:4
period [4] zo:s, zoa, 2022, 100:10
permission (13] 36:23, 3624,
57:1. 57:2, 87:13, 9123, 92:19, 9324
~ 993, 9g9, 100:17,107:21,108:21
I permit [47] 5:7, 172. 17:3. 17:5
77.9, 179, 1723, 17:25, ta:6, 18:18
209, 20:10, 25:4, 25:6, 34:22, 34:23
36:17, 40:10, 40:18, 40:19, 41:5, 416
4222, 42:23, 42:24, 43:2, 43:7, 43x2
43:13, 4522, 65:14, 78:22, 78:24, 79'
79:4, 79:18, 92:2, 100:3, 100:4, 1009
Keywords for REPORTER'S TRANSCRIPT - 51~3~96 ,
101:2, 101:2, 101:5, 104:8, 104:9,
to6:7,109:14
permits [4] 40:17, 68:15, 68:16,
94.b
permitted [8] 498, 5:3, Si, Sx S,
8:4, 22$, 2222, 675 '
person '[8] 24:25, 32x8, 59:23,
60:24,7124,865,10621,10621
personally [2] 94:to, 9625
pdition [i] x320
phenomenon [1] sass
Phoenix [2] 96:15, 96:16
phone [i] 100:19
ph010 [i] 81:17
photograph [2] 51:16,63:13
photos [3] 62:1,622,106:14
physical [2] 23:7,62.9
physically [2] 8421, 5423
pick [5J 875, 88:17, 90:15, 90:16,
90x6
pidorial [ij 12:15
picture [10] 48:18, 56:9, 64:1,
64:3, 64:18, 889, SB:iI, 88:12, 88:13,
99:4
pidUres [9] 13:17, 14:6, 64:18,
80:4, 816.86:18, 87:2, 97:1 t, 989
P[D [2] 126, 30:1
piece ['!] 92:14, 96x0, 101:21,
103:7
pieces [3] 33:13, 45:17,10123
piled [1] 6422
pink [i] 26:16
pipe [i] zo:19
pipes [1] 36:4
place [9] 36:14, 40:14, 67:21,
103x9, to5x4, 105:14, to5a9, 10520,
1126
placed (2] 259, 57:n
plan [9] 2825.45x4, 45:15, 45:18,
45:19, 4520, 4520, 4523, 97:1
PLANNED [i] t:7
planned [9] 1z:z, 126, za:4, 286,
28:12, 28:14, 28:18, 28:20, 29:5
Planner [i] 2.9.5
Planning [2] 2:7.5.2:10
planning [2] wt2s,1o625
plans [8] 25:7, 259, 25:10, 3825,
39:1, 392, SO.i, 54:18
play (1] 93:20
Please [lJ so:15
please [8] 13:3, 15:24, i8a, 182,
57:2, 63:7, 9496, 966
pleased [i] 5721
plight [4] 22:16, 31:4, 67:19, 82:7
podium [i] 6:15
Point [i] uo:21
point [26] 52, 1325, 14:7, 14:12
14x3, 18:7, IS:15, 1992, 19x8, 2L•17
2; 28:15, 303, 5425, 5723, 80:11, 8t.
88:12, 96:16, 97:15, 101:13, 102:2
~a45,1052, uoa3. uozs.111:17
pointed [5] 43x9, 4321, 4425,
46:14,1092
pointing [i] s6:t9
points [6] s15, 90:4, 906, goat,
98:25,99:1
pole [9l 40:1, 403, 57:7, 57:7, 579,
57:10, 57:10, 57:16, 57:17
policy [2] 4322, 7620
Polk [14ti] 33:25, 47:13, 5521, 60:1,
609, 6022, 73:12, 73:13, 73:21, 77:6,
779, 783, 78.•4, 91:4
p01'tiOn [1] 8722
podtayed [i] 993
position [3] 16xa,z7:t6,99:n
positive [2] 61:18, 93:17
possibility [1] 2621
possible [6] 31:3, 44:23, Soa8,
96:7,96x9, 972
possibly [3J 232, 743, 75:7
posted (3] t 1:15, 692.69:7
poster [1] 6125
postponement [2] 76, Ssaz
poured [1] zo2o
power [5] 48:16, 4623, 4625, 496,
10022
pradice (1] 4123
preamble [iJ 69
precedent [3] 6624, 7x:14', 7a:n
predate [i] soao
predated [1] so:19
predominately [i] t9ao
preexisting [I] 1624
prefer [4J 10:15, 30:12, 92:16,
92x6
preference [1J 44:4
preferred [1]30x0
prefers [3] 30x3,59:7,759&
preliminary [lJ 4x2
prepaze [i] 731
prepared [iJ 73x7
Preparing [3] 546
present [10] 524, 6:19, 7:19, 9:1E,
4723, 47:26, 49:7, 57:15, 59:16,106:4
presentation [lJ 1023
presented [2] Sax0,9zta
presenting [4] 8:7, 6x9, Bat,
8:22
presently [2] 32:1&,7125
presents [I] 379
president [2] 59:4.925
presume [I] s2o
pretty [4] 923, 101:14, 102:16,
10521
previous [1] 33:15
previoasly [3] 3122, 3323, 41:19
primary [1] 37:n
b, principle [1] 8321
°~ prior [9] 209, 20x1, 40:11, 416,
' I Boverie, Jac(uon 3t Spera (303) 329-8618 Court Reporters
HOARD OF ADJUSfhfENT
1
1
4220, 46:18, S8a9, 8024, 97x7
problem [2] 31x4, 8723
proCtdnre [4] 7:20, 9:24, 6824,
962
proceed ['[] 7:18,10:5,16:1, 34:10
proceeding [3] 653, 6524, 70:10
proceedings [2] 5:19, 969
process [8] 8:24, 27:11, 34:13.
34:16, 3524.38:13.69.9.9423
professional [2] 2524,631
progrem [i] 446
project [I] 91:18
projections [1] 1069
projector [3] 1420
proof [i] ss2t
properly [i] 4laa
properties [2] toz2, to9i
PROPBICIR [1] 1:7
property [87] 79, 7:10, i t:zs,
1125, 121, 12:30, 1321, 1323, 15x3,
19:13, 21:7, 22:4, 22:10, 22:12, 2x:13,
22:15, 22:19, 2221, 2222, 23.9, 23:12,
23x4, 2321, 24:11, 25:1, 25:14, 25:15.
27:1, 28:7, 30:18, 31:6, 31:7, 319,
3121, 31:23, 32:7, 329, 32:11, 32:19,
3224, 3225, 33:4, 33:14, 37:14, 3720,
48x6, 4825, 49:5.49:18, 49:21, 49:24,
50:10, 50:I1, 50:11, 50:12, 50:25, 512,
5125, 522, 52:4, 52:19, 53:13, SS:t 7,
55:19, 57:19, 58x4, 59x2, 59:14, 67:4,
67:22, 682, 71:25, 72:14, 7322, 74:10,
74:19, 92:13, 92:14, 94:11, 9421, 97:5,
IOL22, 101:23, 108:4, 108:6, 109:20,
1116
proposed [3] 2622,272,40:23
protowl [i] 969 ,
provide [2] 269,769
provided (3] 41:7, 46x5, 46:24
provides [2] 29:22, 49:5
providing [i] 41:4
provision [8] 19:n, zo:u, 302,
30:12, 40:18, !03:14, 103:14, 103:15
provisions [3] 25:6, 30x7,103:13
psendo-passive [1] 9lao ~
Public [1] 112:4
public [8] 25:13, 26:24, 26:25,
37:13, 49:22, 64:19, 72.9.111:18
published [3] 11:15, 692, 69:7
PUD [1] 103:14
pudding [i] 65:22
pull (2] 6424, 962
pulled [3] 43x2,100:4,1069
purpose [5] 19:19, 24:9, 87:9,
89:12, 89:14
Purposes [l ]94:7
P[IRSUAlVT [I] to l
pursuant [2] 18:23, 44:4 ,
pursue (1] tun I
pylon [I] IO1:14
Boverie, Jackson 81; Spera
~~ " ~~
quarter [I] ms:u
quasi-judicial [i] 69:4
Questlon [i] 79:15
question [30] 8:9, 9:20, 9:21,
10x4, 13:1 Z, 1423, 22:4, 30:11, 34x5.
34:15, 35:to, 35:10, 36:16, 376, 379,
3722, 40:10, 42:15, 57:4, 67:4, 6824,
6920, 77:6, 78:18, 79:25, 83:4, 84:12,
95:14,1046,1056
questions [18] sa, 8:13, 9:zz,
9:25, IO:t, 10:2, 34:8, 38:19, 41:8,
72:18, 78:15, 78:17, 89:16, 89:18,
95:12, 107:4, 110:1, 1111
Quick [1] 107:7
gnick [2] 771, 886
Quickly [i] 223
quickly [9] 139, Iba7, 2122, 276,
28:14, So9, 509, 50:18, 96:19
quote [2] 5s:19, 60:10
quotes [i] 29:23
quoting [1] 60:15
R -'
railroad [i] 64:23
raise [Z] 70:25,93:18
raised [9] 7:13, 8:13, 42:14, 44:21,
46x4, 47x7, 489, 69:18, 7t a
raising [3] 48:1 t, 69x9, 7024
ran [2] 8:16, IOti
rate [3] 65:2, 65:15, 6522
Rather [i] 1022
rather [3] 59,84.9,93:23
reaction [i] mta9
read [1l] 9:16, 2322, 32:19, 40:20,
49:3, 589, SBa S, 6222, 87:16, 87:25,
98:20
reading [1] it:zo
heady [i5] a:z, s:n, s:23,7:a, riz
96. 9:1 t, 9:73.9x9, 10:5, 439, 43:11
50:19, 1059,110:13
real (5] 76:15, 76:16, 83:14, 103:17
105:6
realistic (1] 1056
reality [1] 73:24
realize [i] 76:7
realized [4] 50:24, 51:1, 54:25
55:1
realizing [i] to96
really [10] 30:25, 36:w, 69:n
76:22, 83:6, 95:25, 99:18, 103:18
104:13,104x7
reask [1] 379
reason [20] 46x3, So:B, 50:23
SSa3, 56:6, 56:21, 59:20, 61:7, 66:1
72:14, 76:16, 82:20, 8223, 90:10, 919
IOO:i4, 101:2, 102:7, 103.9, 10420
reasonable [6] zz:4, 22x2, zz:r.
67:4, 67a 3.67:17
Keywords for REPORTER'S TRANSCRIPT • 5/23/96
reasons [12] 55:14, 66:12, 7920,
79:23, 82:19, 82:24, 94:19, 9d:20,
9925,100:1,1009,105:17
recall [3] 6x9, 1525, 38:7
receive [21 77:21, 92:25
received [2] t7:t, 26:4 ..
recent [i] 53
rerently [i] 12:19
reeeSS [2] 1025, 1522
reCOgrtltiOn [1] 87:18
recommendaHOns [1] 279
rerommend5 (1] 621
record [37] 4a i, 12:24, 13:6,
1623, 176, 1721, 1724, 1724, 15:14,
28.9, 33x3, 41:10, 43:15, 49:2, 49:4,
569, 65x9, 6525, 683, 69:12, 7023,
719, 71:16, 71:18, 77:19, 86:2, 66:3,
87:14, 88:4, 919, 98:6, 98:18, 9820,
1041. !0520, 1079, 107:11
rewrded [i] uoa4
recorder [i] 62:15
redangalaz [2] 23x5, 23:16
red [5] 169, 259, 453,86.9, 93:19
reduce [1] 16:15
reduced [3] 39:7,60.9, uz:7
refer (3] 44:24, 65:4, 67:2
reference [i] 28:5
referred [S] 488
regard [7] 34:2, 47:21, 58:12, 601,
721,739,85:25
regazding [5] 27:21, 47x6, 4723.
49:14, l1 t6
regardless [i] zoa
regional (1] 921
Registered [1] 112:2
regulates [i] 16:21
regulation (3] 226,28:!3,63:22
regulations [12] 19:18, 21x4,
23:18, 23:22, 286, 28:13, 28:19, 29:7,
32:22, 676, 109:10, 109:10
related [4j 21:21, 33:16, 40:21,
112:11
relates [i4:] 1669, 18:12, 23x7,
24:17, 25:17, 26:17, 2621, 27:16, 29:7,
36:12, 40:16, 40:24, 81:21, 8122
relating [i] 26:zo
Relative (3} 30:1 5, 32:to, 336
relative [13] 4:6, 17:12, 16:18,
20:17, 21:16, 21:25, 25:21, 27:15,
80:12, 81:1 Z, St:ib, 81:16, 9723
reliance [S] 47:24
relied [2] 5:15,46:22
relorete [4] zos, lao:u, 100:13,
101:§
relocated (2] zo:t, 36:1
Relocation [1] 15:24
relocation [2] 21:16, 4o:z5
remain [2] 16:25, 59:16
reroaindei [1] 107:12
remorse [i] 9423
removal [i] zo:4
removt [2] 366,38:10
removed [2] 3s3, 36d
renovating [I] 91:16
replace [1] 6&13
report [23] sa9,9a6, 109, to:1z,
11:18, 11:19, 1622, 24:17, 25:19, 279,
34:8, 546, 5422, 67:3, 69:19, 72:8.
78:14, 82:3, 90:3, 10(:31, 102:17,
]02x7,1073
reported [1] zoa8
Reporter [2] 1123, 1123
reporter [1] 107:13
RF.PORTBKS [2] 1:7, 1121
reports (2] 82:4,946
represent [2] 73:7, 94:33
representation [2] St:7, 51:15
representations [2] 482, 97:11
representatives [2] 44:10, 58:17
represented [1] 66:16
representing [3] 41:24, 6o:t,
n2z
represents [3] 43,60:4,73:14
reputation [1] 92:12
request [ll] 4:14, 11:21, 15:1,
1624, 24:12, 5820, 59:1, 60:12, 60:16,
7022,10923
requested [5] 11:14, 153, zo9,
2523, 49:16
requeSLS [1] 4720
require [i] 9724
required (3] 471,looao,to52z
RRQUIRRhffiVT (1] 165
requirement [12] 11:17, 18:16,
18:16, 18:17, I8a8, 229, 30x4, 30x4,
10320, 104x8, IOSi, 105:7
requirements [14] tsar, naz,
17:13, 17:14, 17:15, 2723, 2825, 29:4,
101:4, 102:10, 102:12, 103:1, 104:19,
1072
regniies [3] 2123,4824,10325
requiring [i] 91x3
reserve (i] 98:4
residentiaE [2] 43:23, 8222
nesidentS [1] 75:24
resolution [i] 10624
respect [9] 625, 72a t, 741, 85x7,
999, IOt9, 10121, 103:3, 10423
respectfally [3] 61:21, tos:7,
10923
Respond [i] n2o
respond [131 27x4, 29x4, 3025,
42:10, 7022, 71:1, 71:18, 85:4, 87:12,
961, 96.d, 99:11, to36
response [7] 25:17, 29:16, 29:17,
31:20, 37:1 t, 37x2, 47:12
responses (1] 2921
rest [3] 15x9, 45:11, 9323
restate [1] 371
resn3ded (1] 83:18
(303) 329-8618 Court Reporters
LJ
FAARD OF ADjUSfMENf
resubmit (1] ui:n
result [2] 23.9,101:7
resulting [i] 332
retained [2] laxo, 739
reticent [i] 263
return (6] 22:4, 22:13, 22:15, 67:4,
67:13, 67:17
revenue [1] 9225
review [5] 18:14, 26:10, 26:14,
69:4,10222
reviewed (1] 39:23
reviewing [L] 946
revocation [i] 1003
revoke [i] 432
revoked [7] 43:9, 45:23, 79:2,
79:16,100.1.100%,1012
revoking [1] 7920
RIDCH [1] t2
Ridge [55] 1:13, 1:14, z:6, z%,
2:8.5, 29-5, 2:10.5, 4:1 t, 7:16, 15:14,
1620, 178, 17:13, 17:15, 18:23, 19:4,
19:4, 19:22, 28:10, 29:21, 309, 3023,
31:13. 31:17, 331, 43:7, 4320, 4321,
446, 4§:15, 46:10, 47:18, 4824, 5323,
58:8, 61:9, 61:15, 63:1 t, 64:4, 65:6,
75:18, 75:24, 75:25, 76:11, 76:13,
76:13, 76:19, 77:1, 8025.89:13, 89:14,
90:14,108:5,109:4, 109:21
Ridge's (1] 44:4
Right [3] 37x8, 79x0, 65:10
right [347 4s, 6x0, 11:4, 13:13, I
14:5, 16:3, 16:16, 18:8, 19:14, 36:7,
40:13, 44:7, 46:10, 52:6, 6325, 67:23,
fi9:5, 80:73, 859, 868, 89:15, 94:18,
94x9.9420, 95x0, 96:1 t, 96:13, 97:4,
99:15, 10020, 100:23.'10221, 106:15,
108.9
rights [3] 359,69.9,69x0 ~
river [1] 9120
RMR [3] uz21
ROAD [1] !%.5
Road [10] 11:24, 12:17, 13x0,
14:1, 18:1, 20x4, 438, 58x3, 84:18,
84:19
mad [9] 44:11, 48:22, 57:20, 68:10,
68:12, 72x5, 74x9, 76:15, 109:21
ROBERT [i] 1:17.5
Roger [2] nz:z, uz21
roll [1] 9x9
roof [3] 52x8, 56x 5.6421
rug [1] 963
ruined [i] 50:1
rules [3] 7x7,196,94:17
run [5] 48x4, 67x, 92:9, 94x5,
1068
running [S] 7:24
TnnS [3] 9:7, 44:1 t, 50:1 t
__ .S __
Bovetie, Jackson 8c Spera
54:19
safety 1151 26x5, 26x9, 26:25,
4420, 46:11, 46:12, 48:4, 4922, 4925,
50:19, 549, 5424, 72:7, 7z%, IOl9
sales [i] 76:7
same [24] 6:4, 10:3, 10:4, 16:9,
17:7, 21:17, 23:21, 31:14, 34:1, 36%,
45:4, 45:15, 53.9.63:13, 88:25, 90:13,
90:23, 92x7, 95:19, 102:4, 102x6, ,
102:18,106%,1129
SANG [19] 1:18.5, 14:23, 14:25,
15.1, 15:7, 15:10, 62:18, 78:22, 7825,
79:4, 79:15, 79:22, 7925, 806, 80:14,
80:16, 82:1,110:11,111:14
Snag [2] 1424, uoxz
sat [i] 54x1
satisfied (12] 47:20, 48:3, 48:7,
489, 48:10, 559, 5722, 76:17. I0t:13.
102x1, 108:12, tO8a3
satisfies [i] 1029
satisfy [6] 54:12, 55:16, IOt:3,
10225, I07:i, 10621
Satn=day [3] 7222, 73:2, 978 I
save [S] 62:22
saw [2] 39:24, 536
scenario [1] 96:x4
scenic (1] 29:24
scheduled [L] n:u
Score [1] 78:14
scramble [i] 43:13
scratching [1] 105%
Screen [1] 16:14
scribbling [i] 110:20
seal [2] 636, 112:16
sealed [i] 54:18
SEAN [S] 2.9.5
Sean [2] 7x5,543
second [10] 8:23, 16:7, 30:21,
34x5, 763. 86:6, 88:6, 9621, 104:2,
110:1 t
Keywords for REPORTER'S TRANSCRffT - 5123/96
seled [i] 3625
selecting [i] 5621
6eledion [1] 88:18
self-imposed [3] z5:z, Ios:ts,
tO8a6
semi-truck [3] lzx t
send [1] 59:23
SCnSe [3] 93:12, 9420, 9421
bent [L] 21:4
sentence [3] 24:17, 24:19, 3021
September [6] 4224, 43:4, 793,
79x7, 9624, 1005
series [1] 1035
serve [3] 596, 59.9.6020
service [i] 225
set [13] 189, 15:10, 20:19, 36:6,
39:21, 61:7, 70:13, 70:17, 101:20,
1025, 111:14, 1126, 112x5
setback [15] 1821, 33:16, 3321,
342, 341, 46x8, 49:14, SSa I, 59x,
60x7, 1026, 102:1 i, 102:14, 109:11,
111:4
sets [1] 169
seven [5] 24:16, 24:24, 32:17,
110:16, 110x7
Seventeenth [2] 23,25
several [5] 17:11, 20:16, 22:8,
6922, 74:24
sham [i] 6axo
shape [3] 13:15, 238, 23:13
Sheet [1] 9822
shop [6] 12:21, 48:17, 48:19, 48:20,
4924, 50:1 l
Short [1] 21:10
Shorten [1] 98x4
Shorthand [i] uzs
shorthand [2] u2:5, uzao
shortly [i] 53:4
show [8] 45:19, 51:6, 526, 62:5,
88a t, 9i 6, 97a i, 104:5
showed [i] 45:20
showing [1] 65:13
shown [i] 80:1
shows [1] 659
side [7] 12:17, 14:3, 18%, 46:IR
623, 64:2, 75:4
sighs [1] 31:11
Sign [i] 63:10
sign [170] t3:z, 13x1, 13x4,
13:15, 13:22, 1323, 13:25, 14:5, 146
14:17, 14:25, 22:20, 24:21, 27:19,
27:25, 29:2, 29:3, 29:8, 299, 24:9
2923, 29:24, 30:10, 30:24, 316, 318
31.9, 31:11, 31:13, 31:16, 3122, 3124
31:25, 32:6, 329, 3221, 3222, 32:23
3225, 33:2, 33:7, 3421, 35:20, 35:20
36:24, 3724, 39:7, 39x8, 42x, 48:4
49:14, St:6, StB, St:10, 51:11, Si:t
Stag, 51:20, 51:24, 523, 52x6 sza
52:19, 5220, 52:24, 532, 53:4, 53:
53:10, 53x1, 53x5, 549, 54x3, 56:
Seconded [1] 110:12
Seconds [2] 866,87:17
Sedion [5] 16:20, 17:16, 18:23,
19:21, 28:10
section [13] 19:2, 21:18, 25x7,
28:15, 28:16, x8:17, 29:10, 306, 57%,
579, 1042, 105.9,105:13
sediOns [2] 103:5, 103:22
see [54] 12:4, 13x4, 15:19, 16:7,
168, 16x0, 16:13, 17:18, 18:20, 19:16,
27:17, 30.1, 43:15, 448, 44:10, 45x,
45:24, 46:20, 51:12, 51:24, 522, 528,
52:19.5220, 5223, 52:25, 53:7, 55:15,
568, 56x7, 56x7, 59:22, 63:5, 63:8,
63:15, 64:19, 6520, 81:17.82:11, 84:2,
843, 846, 856, 85:7, 858, 859, 86:6,
868, 8620, 87:24, 9025, 94:1 t, 95:20,
97:8
seeing [3] 87:6, 97:5, 109:5
seek [2] 24:7,67:17
seeks [2] 55:21,60x3
sees [I] 865
(303) 329-8618 Court Reporters
56:17, 56:24, 56:25, 57:2, 576, 576,
Sl:l4, 57:17, 5725, 58:18, 59:15, 60.9,
623, 63:13, 63:15, 63:19, 63:23, 64:4,
64:f, 64:14, 64:14, 64:15, 64:17, 6421,
65:2, 651, 65:8, 65:10, 6621, 66:22,
72:7, 72:20, 73:6, 75:6, 75%, 75:1:,
75:12, 75:15, 75:x2, 76:5, 772, 77.9,
80:19, 8224, 83%, 839, 63:10, 83:1 t,
83:16, 83:17, 83:21, 84:1, 84d, 84:7,
&18, 849, 84:10, 84:11, 84:13, 84:14,
84x6, 84x6, 84:20, 8421, 8424, 85.9,
SS:ID, 85x5, 85:16, 86:5, 86:7, 86.9,
86:12, 86:15, 87:16, 87:18, 87:21,
8722, 8725, 88:17, 88:18, 88:19, 89:2,
911:13, 90:15, 90:18, 9024, 9225, 93:4,
94x6, 94:20, 95.22, 104:18, 104:18,
to9:n, lo9:n
Sigttage [3] 2823, 32:1, 83:16
signal [i] 6921
signature [1j 10110
signed [3] 656,77:7,80:4
significant [4] 31:24, 3z:i z,
loos,1046
significantly [2] 31:10, 101:15
signing [i] eo:n
signs [31] 2224, 248, 283, 29%,
31:14, 619, 6x:5, 62x0, 63%, 64:7,
64:8, 67:14, 723, 75:19.7520, 76:t,
76:2, 7625, 7925, 802, 80:3, 80:12,
86:4, 86%, 888, 89:1, 908, 94:15, 95:1,
9s%, 106:11
similar [4] 23:4,3324,702,91:14
Similarly (1] 5925
similarly [1] 2921
simply [8] 48:6, 49:7, 62:2, 646,
70:23,107:7,109.9,109x5
single [4] 129,233,102$,106:15
Sir (1] 37:7
Sir [!0] 13:7, 29:13, 34:20, 35:8,
3522, 399, 39:14,79:19, 873, 11024
Sit [1] 39:1
site [12] 12E, 12:14, 12:15, 12:16,
12:19, 13:9, 13:20, 36:25, 81:21,
100:18, 10021, 10024
situated [i] 12:21
situation (14] 166, 31x6, 34x.
66x1, 86x2, 1066, 106:6, 107:25.
1083, 108:18, 108:23, 109:19, 10920..
109:20
situations [4] 61:13, 62:4, 64:7
na
Sir [2] 249, 42:20
Ski [2] 76:4, 86:14
Ski [1] 48:20
skiers [i] 5123
skill [3] 875
skip (i] 7[23
Skis [i] 12:12
slide [4] 16:5, SzS, 536, 83:23
4, slides [6] 13.9, 14:18, 1520, 16:
3, 16.1, 449
7, slight [i] 10:25
t, slightly [1] 145
`BOARD OF ADJUStMENf
i
'I
'I
L~
small [5] 67:13,67:16,91:16,94:13,
94:14
smaller [1] 36$
soap [i] 1oz3
sole [1] 91:11
solely [1] 24x3
solution (11] 7:8, 7:10, 55:7,
55:15, 5624, 58:1, 74:19, 8821, 97:2,
1082,108:4
somebody [2] 78:13, los:u
somehOW [1] 101:1
Someone [1]776
someone [2] 37d, 61:u
Something [12] 35$, 40x4, 559,
57:14, 6224, 67:15, 7323, 75:4, 80:12,
832,97:19,107:18
somewhat [4] S:t4, 6:25, 26:2,
9322
6UmeWhere [i] 98:18
son's [2] 78$, 915
sorry (14] 20:8, 43:10, 45:1 Z,
59:19.64:15, 6523, 67:7, 78x9, 79x,
85:7, 86:13, 90.9,105:14, 1109
Sort [7] 34:17, 55:7, 66:21, 86:7,
102:1, 102:13.106:15 i
sorts [1] 9122
ii
soundness (1] 26x5 ~
sounds [2] 9:19, 7121
south [5] 12:7, 12x3, 12x6, 14:3,
19.9
space [1] 539
speaker [2] 98x, 110:4
speaker's [i] 77:7 ~
SpeCIfiC [10] 17:12, 239, 28x7,
29:7, 30:12, 30:16, 36:25, 38:7, 40:18,
I0t23
specifically [7] Is:zo, z1s, zs2,
258, 2824, 458, 89:11
SpeciHcatlon [1] 3923
specifications [1] 255
specifies [i] 16:21
speeds [I] 67:17
spend [2] 6x4, 42:4
spending [i] losao
spent [$] 55:18, 56:1, 80:24, 8520,
losao
spirit [3] 9320, 9320, 96:13
split [1] tto2o
spot [6] sa:n, 9o:u, 90:15, 9oa6,
90:17.90:18
stack [1] 95:16
Staff [2] 22:7, z3:u
staff [39] S:z, 5.b, 5x2, ax9, 9x6,
9:26 925, 109, 10x2, 11:17, 11x9,
1622, 22:17, 23:2, 2321, 24:11, 24:17,
25:1, 25:19, 27:2, 27:7, 27:9. 30:13,
34:7, 54:6, 54:2 6 66:10, 66:1 t, 673,
69:19, 6921, 72:8, 81:25, 82:2, 82:4,
101:1 t, 102:17, 102x7, 107:3
Staffs [2] 25:16,82:13
stamped [2] 25:24,636
stand [4] 725, saao.9oaz, 9423
standard [i] 178
518ndard5 (2] 2721,47$
standing [3I 139, 8621, 8624
standpoint [2] 20:24,91:15
stands [1] 46:1
start [6] lox6, lo:zl, u:2, 7ons.
8721,88:7
started [2] 423, 50:24
starling [2] 275, 262
starts [1] 392
State [S] 112:4
state [7] 49ao, 593, 60:18, 68:17,
70:1& 71:17, 7225
slatCd [7] 18:17, 18:20, 54:1, 6923,
9922, 109.9, 109x1
statement [ZO] 8a, aa8, ax9,
8:20, 9:3, 99. 99, 27:5. 279, 27:12,
27:19, 26:1.42:12, 4623, 47:20, 48$,
48:14,54:16,903.1092
6ta[ement5 [8] 722, 26:10, 26:13,
27:15, 4724, 48$, 55:25, 72.b
states [6] 49:5, 58:6, 58x6, 60:6,
609, 826
stay [3] 7aao,7aao,9saz
steel [i) 57:12
Step [i] 6:15
stick [3] 9622
sticking [1] 408
soil [6] 22x5, 56x2, 872, tot:n, ,
u1:7,uts
Stop [5] 1 t3, 21:12, 54:1, 57:1, 78:5
storage (i] 64:19
Story [fit] 1039, 103:1 t, 103:12,
103:12
straight (2] 39:15,84:19
strategic [3] 99:25
Street [S] 2:3, 2:5, 13:10, 19:15,
64x
street [4] 61:2, 7325, 843,845
streets [1] 26:24
stress (1] 996
stretch [1] 7o:z
Strickland [3] 22.5, 26$, 4123
Strike [4] 24:1 b, 24:21, 25:16, 27:4
', stronger [1] 57x2
strongest [1] 55:20
strongly [3] 53:20,93:5.95:10
struck [2] 37:u,73:24
SlrultUYdl [4] 47:16, 47:22, 46:3,
57:13
Structure [14] 29:x3, 30:24, 319,
31x0, 3221, 3223, 333, 33:7, 4923,
57:5, 59x0, 99x4, 99x6,109:11
StmOhti'e5 [4] 27:22, 3125, 59:11,
99:14
Studies [3] 44:24,87:15,88:4
stuff (1] 98:14
sturdy [1] 678
' I Boverie, J~~On 8z; Spcra {3Q3J 329-8618
Keywords for REPORTER'S TRANSCRIPT - 5/Z3f96
subject [7] A:4, ISx9, 649, 64x0,
652,693,99x9
submission [1] 69:15
submit (13] 17:21, 32:7, 6eao,
76:16, 76:24, 89:12, 93:22, 106:19,
108:7, fOB:f 1,10822, 109:16, 109:23
submitted [9] 17:18, zs:7, 2525,
33x7, 45:21, SSa 1, 659, 689,100:22
Subsedion [3] 1923, 2823, 303
subsequently [i] 343
substantial [i] 40:6
substantially [4] 13:18, zt:s.
26:x3, 2625
substitute [i] 25:15
subtle [i] 9920
SUCC¢SSful (1] 22:11
sudden [1] 43:12
Stiffer [1] 3124
suffice [I] 41x6
suggest [ll] 9:23, 35:6, 35:23,
6121, 6623, 67:20, 68x9, 71x2, 723,
7421, 7422
Suggested [1]1025
suggesting [5] 37x6, 7oao,
70:12, 922, 94:25
suggestion [i] 353
Suite [S] 2:5.5
summer [2] 45:21, 45:22
Sunday [1] 12:22
supervision (1] uz8
supplement [5] 7ss, 86:2.863,
87:14,88:4
supply [3] 26x1, 273, 72aa
support [7] 27x0, 49x3. 49x5,
55:6 5825.60x6, 72:15
SUppOtLS [1] 22:2
suppose [2] 31:6 lo5:u
supposed [4] 38:7, 44:13, 44:18,
88:16
Sure [2] 29:19, 83:3
Sure [23] 5:1.36:10, 36:19, 4222,
4422, 50x, 6023, 6210, 6225, 63x8,
64:1 t, 66:14, 75:25, 809, 80:14, 81:4,
88:25, 94:8, 99:24, 103:16, 103:20,
104x3, 105x3
SurprlSed [$] 44:20, 46:13, 53:16,
53:20,54:21
surprising [1] 48:10
surrounded [i] Izx6
surrounding [3] 238, 24:15, 6zd
surroundings [1] 82:10
survey [7] zt:a, 54$, 90:4, 9020,
9o2z,1 t I:7, a t:a
surveyor [3] 628, 63:5,905
Surveyor's [I] 903
surveys [1] 65:13
SUSAN [i] 1:19
suspect (1] 92:19
swear [1] 54x6
switch [1] 78:21
swore [i] 4622
sworn [6] 10:7, 41x4, 41x9, 4623,
54:18, 912
-- T --
take [12] 10:12, IO:tS, 10:19, 4x.9,
46:4, 889, 88x0, 98:14, 99:17, 105:1§,
105:14, 107:13
taken [11] 13x7, u2z, 44x, 57:7,
7322, 76:1, 78:23, 79:16, 943, 112$,
uzxo
taking [2] lo:t3, 36:14
tall [4] 168, 169, 233, 23$
taxes [2] 74:11,768
terhalcal [i] 432
tell [16] 6:t, 7.9, 39:1, St.9, 6023,
71:2, 73:19, 742, 7725, St:7, 8423,
9623, 97x6, 97x7, 9821,106:4
telling [3] 9424, 99:u, to4:u
tells [i] s4:18
tends [3] 16:14,83:11,83:12
tenor [1] 9220
term [2] 90:m,go21
terms [3] 3020,34:16,968
test [2] 10222,10223
testified [4] 10:7, 16x8, 41x9,
10622
testify [4] 59,102, 33x5, 34:1
TESTIMONY [1] 32
testimony [2] 821, 66:7
Texas [2] 369,96:15
Thank [19] 49, 6:16, 10:5, 11.9,
14:22, 152[, 395, 41:12, 4121, 52:[3,
72:16, 82:1, 8924, 1073, 107:4, 1076,
10924,10925, l l 1:12
thank [6] 1525, 162, 18:2, 41.9,
95:4, to7x6
Thanks (1] 77:4
theOIy [1] 83:18
thereafter [1] 112:7
thing [20] 16x4, 111:7, 21 a7,
34:17, 38:1, 77:2, 83:3, 93:2, 93:7,
95:16, 95:17, 95:18, 96:1 i, 98:10, 996,
9921, Io2a8, 103.9,1053,107x7
things [13] 12:25, 16x7, zoab,
56:7, 87:t 6, 898, 91:23, 928, 94:12,
976, 9722, 98:21,1058
third [i] 658
THOMAS [S] 1:15
thought [18] 7:z,168, 4522, Sox,
SI:t9, 51:24, 53:16, 55:4, 55$, b78,
78:4, 97:3, 103x8, to5x9, to9:z,
1096, 109:15, 109x7
Utousands [i] 105ao
three [ii] 620, 27x7, 4o:u, 469,
5321, 73x9, 808, Sl•I0, 823, 87x7,
89:1 t
thumb [1] 2x:14
Thursday [1] 1:13
Court Reporters
'~I
1
BOARD OF ADJUSTMENT
thusly [1] too6
tickets [5] z6a t, 26a4, 39:24,
46:24,54:15
ties [2] 6423,749
time [48] 6:14, 7:6, Ita, 15x8,
15:18, 203, 20:7, 209, 25:25. 26:2,
29:16, 39:12, 41:1, 41:1, 41:14, 41:17,
423, 42:10, 4521, 50:17, 53x3, 55:19,
56:2, 58:5, 6222, 69:7, 70:19, 80:24,
8723, 88:14, 92:4, 95:5, 96:16, 96:17,
97:15, 100:10, 100:17, 101:3, 101:5,
102x1, 102x4, 102:18, 106:7, 107:14,
109:7, l 112,1113, 1126
today [3] S:t0, 603, 9221
told [25] 5:2, 5:6, s:zs, 7a, 720,
8:9, 8:22, 9:7, 21:15, 30:14, 36:21,
36:22, 37:1. 54:4, 546, 548, Sd:20,
55:13, 5623, 59:23, n9, 90:23, 99:13,
99:16,103:12
Tom [i] 752
tonight [17] S:IS, 7:4, 79, 7:1 z,
9:11, 59:22, 60:22, 77:1 t, 82:6, 918,
91.9.91:{4, 956, 95:18, 1038, 103:21,
104:17
took (2] 16x2, 94:18
top [5] 14:9, 14:14, 30:21, 56:11,
57:17
topic [i] za:zo
topographical [2] 239, 23:13
topography (4] 81:19, at:zo,
8122, 82:17
total [1] 3925
totally [1] 83:7
tough [i] 98:13
toward [1] 938
tOWaids [8] 13:2 t, 13:22, 14:3,
14:4, 27:6, 33:7, 84:3, 84:4
tnwn [3] 91:16, 91:17, IOt:17
traffic [2] 52:24,56:16
trailer [i] 12:11
TRANSCRIPT [i] 1:7.5
transcript [1] IIZ9
transcription [I] nz9
Transportation [S] 68:14
travel [3] 31x2,E72t,91a3
traveling [2] s7:7, s7:zo
treat [1] 103
treated [1] 723
i treatment [1] 70:3
tree [4]82:11, 82:11, 82x4, 89:4
trial [1] 7:23
tried [4] 7:1 t, 413, 565, 68:13
trouble [i] 7a:zo
TRUBUCCO (5] 91:1, 913, 96:5,
97:24, 989
Trubncco [4] 35, 69:19, 107x8,
10724
truck [1] 35:7
trucks [1] 47:2
true [4] z3a7.9a:7, mzaz,1129
trust [I] 72:7
truth [1] 8521
try [15] 7:7, 10:24, 42:5, 42:10,
43:13, 55:6, 556, 55:14, 59:22, 6022,
76:1 z, 78:7, 789,1022(,1065
trying [19] 43:17, 51:16, 56:24,
5725, 6424, 67:15.712, 73:18, 74:18,
79:13, 80:25, 962, 96:7, 96:10, 99:11,
tos2,losa, u1:7,1119
Turn [i] 110:4
rum (1] 1042
two [28] 189, 19:5, 20:10, 22:16,
27:17, 33:12, 40:10, 422, 42:17, 4320,
4325, 45:16, 47:1, 47:14, 55:19, 67:1q,
69:22, 73:25, 743, 75:16, 75:17, 76:1,
so9, 86:4, 866, 87:16, 94:14, 97:4
two-fold [1] 101:19
two-thirds [1] 27:17
type [2] 28:13, 3924
types [i] 4s:7
typewritten [1] 112:7
- U --
IJh-huh [3] 78:25,7922,80:6 I
ultimately [I] na
umbrella (1] 28:13 ~
unable [2] 66:2, 96:25
unacceptable [2] 69a t, 69:17
unbolt [1] 366
UrtClea[ (i] 1099
uncomfortable [i] 106:5
underneath [lj 96:3
understand [7] 4:za, s:14, s12a,
88:9, 882d, 968,1063
understanding (4] 8:15, 9:IU,
19:19, 93:14
understood [4] 8:3, 309, 56:3,
1093
undertook [1] 4422
unfortunately [2] lo7:z5, tosa9
unique [17j zz:n, z2as, 31:5,
31:5, 31:15, 31:16, 32:5, 32:7, 328,
328, 61x3, 67:20, 72x3, n:1, Htat,
82:7, 828
uniqueness [i] 81x9
unmarked [1] 3o:zo
unnamed [1] 71:5
unusual [2] 46:7,82:17
upcoming [L] 7x:18
updated [i] 16:4
upset [1] 74:7
urge [i] 106:23
usually [i] 57:12
~~ V ~~
valid [1] s9:1z
values [2] 27:1, 4921
' I Boverie, Jackson 8z Spera (303) 329-8618
Keywords for REPORTER'S TRANSCRIPT - 5!23/96
VARIANCE [i]16~ ..'.
variance [70] ua4, 11:16, 1121,
1123, t6d9, 21:u, at25, 223, 2225,
2320, 24:7, 24:12, 252, 25:11, 25:13,
27:16, 318, 33:1 t, 33:16, 3320, 3321,
33:22, 342, 341, 34:6, 37:13, 34:13,
49:13, 49:15, 49:16, 49:19, 543, 54:3,
553, 55:12, Ss:t3, 5524, 58:11, 5820,
5821, 59:1, 59:14, 60x2, 60x3, 60:16,
61:16, 61:24, 649, 65:18, 663, 66:5,
666, 66.9, 66:18, 6624, 67:18, 6821,
6924, 72:4, 72:14, 72:15, 86:15, 89:11,
106:I2, 107:1, IOB:I2, 10824, 109:22,
uo:z, l to z1
variances [ll] 21:23, 33:20,
49:17, 689, 6821,6924, 7723, n25,
808, 81:1 t, 89:10
variation [3] z4ao,3za3,6as
variety [i] iz:4
various [3] 10:1,2s2t,419
vary [2j tot:17, 1023
verbally [2] 17:14,18:17
versa (1] 849
versus [2] 598.839
Vice [3] 59:4,849,923
vicinity [1] 24:2
view [5] 24:1 5, 42:9, 44:14, 87:8,
886
viewing [I] 66:14
views (1] 49:7
violated [i] 88:23
Visibility [7] 5122, 56:18, 5920,
836, 83:16, 84:24,8722
visible [1] 63:16
visual [8] 14:2, 14:2, 52x4, 52:15,
5222,53.9,56:12,838
visually [3] 2223, 51:10, St:13
Volant [67] 12:12, 13:13, 13:15,
1321, 13:25, 33:14, 51:5, 516, 51:10,
St:i3, 51:20, Sl:2l, 51:21, 51:25,
52:10, 52:12, 53x, 53a, 538, 53x3,
53:14, 53x6, 53:17, 53x8, 55:21,
5523, 5525, 56x6, 56:18, 5721, 586,
58:9, 58:16, 5824, 59:4, 54:5, 59:7,
59:12, 59:12, 59:13, 59:17, 67:23,
6723, 68:1, 73:15, 74:6, 76:4, 7722,
83:11, 84:4, 84:7, 84:8, 84:10, 84:ib,
84:20, 84:24, 85:10, 85:15, 85:16,
85:18, 85:20, 8522, 869, 86:11,56:13,
56:1x, 57:za
voluntarily [6] 15:1, 38:10, 56:23,
5724,608,66:17
vote [4] 10:24, n0:8, 110:13
110:14
~~ w ~_
WA-82-8 [i] 6521
WA-96-11 [2] 46:17, 479
wA-96-12 (z] is,4a:u
wait (1] 73:4
waive (1] 524
walk [2] 14:11, 63:73
WALK~t [1] ta7.5
walker [1] n:ls
wanted [i3] 7:7, zo:3, 34:21,
48:1 t, 55:14, 55:15, 5625, 75:13, 762,
918, 93x9, 1o6d9, 109:4
wants [S] 5:23,6:14,9.0",99,7621
warehouse [2] aa:z6, 4821
wash [2] 86:4, sa:~
washed [i] e69
waste [i] 76
wastiag [1] san
way [24] 9:7, 10:3, 10:4, 3523,
45:11, 475, 4920, 50:13, 52:16, SS:l6,
576, 69:14, 83:17, 85:18, 8524, 92:15,
92:16, 94:11, 94:19, 97:4, 988, 107:21,
10722,10733
week (1] 54.1
weekend [3] 362o, 7222, 9511
weeks [2] 73:19, 97:4
welded [2] 57:10, 57:16
welds [1] 57x2
welfare (4] 25:13, 37:14, 49:22,
729
Well [15] 9:x3, 10:21, 153, 676,
68:10, 71:4, 71:15, 74:17, 75:16, 84:15,
8620, 87:11,88:15, 88:24, 913
well [22] 8:17, 248, 25:5, 33:1,
34:2, 49:14, 5323, 548, 66:25, 68:1,
692, 70:18, 7423, 79:17, 8023, 86:10,
95:15, 99:13, 99:20, IOL•20, I02a5,
103:13
West [10] 1x4, z:6, zao, u:z4,
1725, 438, 63:1 t, 6320, 6323,64:16
west [13] ua, Izsz, tz:zo,l3:u,
1320, 14:4, 1822, 22:19, 2x15, 48:19,
5225, 85:14, 85:15
westbound [1] 56x6
western [3] 813,51:4,6722
whatsoever [1] 18:15
WffBAT [i] t2
Wheat (56] 1:12, 1:14, 2:6, 2:8,
2B.5, 2.95, 2:10.5, 4:11, 2:16, 15:14,
1620, 178, nai, 17:15, 18:23, 19:4,
19:4, 1922, 28:10, 2921, 309, 3023,
31x3, 31:17, 331, 43:7, 4320, 4321,
44:4, 446, 44x5, 469, 47:18, 4824,
53:x2, 58:8, 619, 61:15, 63:11, 64:4,
656, 75:18, 7524, 7515, 76:11, 76:12,
76:13, 76:19, n:1, 8025, 89:13, 84:14,
90:14,108.3,1093,10921
whereby [1] 3525
white [1] 13:14
whole [7] 37:23, 96:2, 96:24,
IOt:22, 10114, 1031, 1069
wide [1] 2325
width [1] 399
wife [i] toas
WILLIAM [1] t:te
William [1] 396
willing [1] 522
willingless [3] 9saz
Court Reporters
~) aonao oe nD]i~srnleNr Keywords for REPORTER'S TRANSCRIPT - 5/23/96
--
_- -
it
~I
win [2] 5531, 9z9
win-win [i] to9a9
wiad [2] 403, 473
winnowed [i] 99:1
winter [S] zo:z5
wire [1] 42:[8
wish [i] m723
wished [2] nas, 9925
WISheB [1] 10724
withdraw [5] z6a9, 5aa9, 7o2z, .
u 1:4, n t.9
withdrawn [7] 33:19, 343.5424,
72:6,7724, alai, tlta5
withdraws [1] 60:12
N17NSSS (1] I I2a5
witness [$] &:7, s:tz, s:zz, 9:4,
9:16
'~ witnesses [16] 498, 53, 5:4, Sa,
59, Sal, 5:15, 5:17, 5:x3, 62, b21,
7:19,720,4723,4725,982
woman [i] 6xa5
wondering [i] to59 ~
word [3]239, 90:20, 94:3
' words [3] 20:22,40:7,83:10
I work [22] 7:7, 21:12, 3b9, 50a 3, ~
' 52:18, 54:1, 55:7, 55:15, 56:24, 57a,
57:25, 73:19. 74a8, 88:21, 9Lt3, I
94a 1,969, 973+, 97:18, 102x4, 104x,
~ 106:1
worked [6] 7:9, 43:17, 73:x3,
79x4,9921,10021
~I working [6] 42:19, 42:22, 43:16,
7943, 91.•14, 92x3
workmen [1] 50:12
world [i] 91:19
worry [i] 95:2 '
worth [1] 472
wound [i] 19•.zo ~
wretches [i] 9124
write [1] to9:1 i
writing [1] 45:3
Written [10] 25:17, 39:17, 603,
75:9, 75:12, 101:1 1, 103:7, 103:11,
]03:12, 104:12
wrong (8] t txz, 4o:za, as:a, s4:z, j
wrote5[3] 73x4,73x5, 73x5
-- Y --
Yeast (3] 14x6, 72x9, 80x4
fear [$] 38:4, 50:4, 79:12, 79:13,
100:5
fears [2] 82:4,89:11
fellow [S] 123, 12:22, 13:1 1, 14:5,
19a4,28:17,86x0,8691
yield (2] zz:4, 67:4
yielding (1] zz:tz
you've [i] t-:13
- Z -
uro [2] no:16, no:18
zone [19] 19:5, t9:6, 19:7, t99,
19:1 t, 19:16, 19:17, 19:20, 20:2, 20:4,
20b, 20:7, 2t:t8, 23:25, 37:23. 38:2,
38:4, 40:1 3, 95:1
ZONED [3] 1:7
zoned [2] tea, ta:z4
zones [3] 195, 293, 43:20
Zoning (1] 193
zoning [3] t2:5, 1225, to125
Boveriz, Jackson SG Spera (303) 329-8618 Court Reporters
4
1 P R O C E E D I N G S
2 THE CHAIRMAN: We are ready to hear Case
3 Number 96-12. Who represents this for-the .pity?
4 MR. GIDLEY: Mr. Chairman, I would like
5 to advise the boar d that there is an issue the City
6 Attorney needs to speak to relative to juri sdiction on
7 this case.
$ '1'ri r: C:riAlKMA1V: All rlgnr.. we wuulu 111iC
9 to hear from him, then. Thank you.
10 MR. DAHL: Members of the board, for the
11 record, I am Gerald E. Dahl. I am the Wheat Ridge City
12 Attorney. As a preliminary matter on this particular
13 case, as you know, this case was continued to this date
14 at the Applicant's request from late April. I had a
15 conversation with the Applicant's attorney this
16 afternoon during which it appears as if there is a
17 misperception on the Applicant's behalf, at least as to
18 - whether or not witnesses are permitted in this
i9 hearing. I don't agree with that misperception, but I
20 would like to at least have that out in front of you
21 with the Applicant's attorney here before we begin the
22 case because it may affect whether or not I am going to
23 ask you to continue this case.
24 The disagreement, as I understand it, is
25 this. The Applicant's attorney, who would like to come
5
1 address you, and I am sure they will, is under the
2 impression that the staff had told him at some point in
3 the recent past that witnesses weren't permitted,. and
4 that, you know, he could come, but witnesses on his
5 behalf weren't permitted. And I have spoken with
6 staff, and they told me the conversations they had were
7 that the Board of Adjustment generally, did not permit
8 cross-examinati on and liked to have witnesses just
' 9 testify rather than a bunch of Q&A between witnesses
10 and attorneys, but they did not inform the Applicant
11 that, no, he could n't bring any witnesses. And that is
' 12 very much how the staff feels.
13 __ The Applicant's attorney, Mr. Melcher;
' 14 believes he heard it somewhat differently, and he
15 heard, gee, witnesses weren't permitted, and he relied
' ht
b
i
16 on that, and he says he roug
se
would have otherw
' 17 witnesses. The City is ready to go on its case here
18 tonight, but what I don 't want to have happen is some
1 19 kind of defect in the p roceedings where it will just go
20 up and come back to you again. So,'I guess I ask for
21 an opportunity for the Applicant's attorney to address
' 22 this matter, and if he is willing to say yes, he is
23 ready to go, he's got what witnesses he wants to
24 present, and he is going to waive what I believe is not
25 a defect which is, I believe, our people told him no
u
6
1 cross-examination, but our people didn't tell him no
2 witnesses, but that is not an issue I want to battle
3 out in the District Court and then have to come back
4 here just for a new hearing on the same matter. And so
5 I guess I would ask you to hear from the Applicant's
6 attorneys, and if we can't get agreement on this, I
7 will be asking you to continue the case.
$ THE CHAIRMAN: So this is a preamble,
9 then, to the hearing.
10 MR. DAHL: That's right.
11 THE CHAIRMAN: I will entertain that.
12 MR. DAHL: Mr. Chris Melcher is here, I
13 believe, on behalf of the Applicant, and I will ask him
14 if he wants to spend some time.
THE CHAIRMAN: Step up to the podium.
15
16 MR. MELCHER: Thank you, Mr. Chairman,
17 and members of the Board. Member Echelmeyer?
18 MR. ECHELMEYER: You didn't bring this
19 up a month ago, as I recall, and you were present
20 throughout three or four other appeals before this
21 group, some of which had witnesses. Why didn't you
22 bring it up a month ago?
23 MR. MELCHER: I would like -- Mr. board
24 member, I would like to address -- I think with all due
25 respect, the City Attorney has somewhat
1 mischaracterized our conversation, or at least what he
2 thought was my perception, and I will be very clear as
3' to what I think the perception was.
4 First of all, I am ready to go tonight.
5 I don't want to put this off anymore, I don't want to
6 waste your time. We put it off one postponement
7 because we told you we wanted to try to work out a
8 solution with the City and the property owners, and as
9 I will tell you later tonight, we have worked out a
10 solution with all the other property owners, and that's
11 what we tried to do, and we have done that. We are
12 ready to go forward tonight.
13 The issue here that Mr. Dahl has raised
14 is that I had face-to-face conversations with Mr. Glen
15 Gidley and Mr. Sean McCartney in the offices of the
16 City of Wheat Ridge, because before last month I had
17 never been here. I didn't know what the rules were. I
18 didn't know how to proceed. So I asked him, now, will
19 I be able to present witnesses or cross-examine
20 witnesses, what is the procedure. And what I was told
21 is that you can have individuals come and make
22 statements, but the Board of Adjustment doesn't like
23 this to be treated as a trial. They don't want
24 attorneys running this as a courtroom. They don't want
25 people up here on the stand, so to speak, with
i 8
1 attorneys asking them questions and they answer, and
2 then the other attorney has cross-examination.
- So I understood, to be very clear, that
3
4 what was permitted was that we would be allowed to have
5 individuals come here and speak on our behalf, but that
' 6 they would come up and be called up by the Board as a
7 witness to make a statement. I would not be presenting
' llowed to
b
8 e a
them as the attorney, and I would not
' 9 question and answer them. That's all I told Mr. Dahl
10 today.
1 Mr. Dahl indicated to me he would be
1
12 calling Mr. Gidley as a witness, and I said -- and he
13 would be asking him questions, and that's when I raised
14 my objection. I didn't understand -- that is my
15 understanding before from Mr. Gidley and Mr. McCartney
' 16 is that is not how this Board ran its hearing. So I
17 said to Mr. Dahl, well, I certainly think Mr. Gidley
18 could make a statement. of course, he was going to be
1 19 making a statement, presenting the staff report, I
' 20 presume, and he can make any statement he would like,
21 but I would object to you presenting his testimony as
' 22 an attorney presenting a witness because I was told you
23 are not allowed to do that. And second of all, I do
ith due process
t
24 w
not believe you can do that consisten
' 25 without allowing the opposing counsel to
1
s
1 cross-examine.
2 So what I said to Mr. Dahl is if Mr.
3 Gidley would like to make a statement, that's fine, but
4 if you are going to put Mr. Gidley on as a witness like
5 a courtroom, then I have to be allowed to cross-examine
6 him, and I am not ready to, and I didn't expect to,
7 because I was told that is not the way the Board runs
8 its hearings. So, if Mr. Gidley wants to make a
9 statement and anyone else wants to make a statement,
10 that was my understanding, I am certainly happy to have
11 that occur. I am ready to go forward tonight. I don't
12 want to delay this anymore.
13 MR. DAHL: In that event, I am as ready
14 to go forward, and I am delighted that we seem to
15 agree. I don't need to put Mr. Gidley on as a Q&A
16 witness. I know he is going to read his staff report,
17 and he is going to cover what I need him to cover, and
18 we will have some exhibits to present and some legal
19 argument, but it sounds like we are ready to roll.
20 THE CHAIRMAN: May I ask a question? As
21 we question staff, as the Board of Adjustment, can we
22 entertain questions from anyone else, then?
23 MR. DAHL: Well, I would suggest you
24 don`t deviate from whatever procedure you have had in
25 the past. You obviously have questions of staff, you
10
1 have questions of the various people who come to
2 testify, you have questions of the lawyers, I would
3 treat it the same way.
4 THE CHAIRMAN: The same way you have,
5 okay. We are ready to proceed, then. Thank you.
6 GLEN GIDLEY,
7 having been first duly sworn, testified as follows:
g MR. GIDLEY: Mr. Chairman, members of
9 the Board, my staff report will be fairly lengthy. I
10 need to go into some level of detail. I know before I
11 get into this, I believe it is important that I
12 complete my staff report to you before you do take a
13 break, because I know that you've talked about taking'a
14 break, and I guess my question of you is because of
15 that matter, would you prefer to take your break before
16 I start?
17 MR. ECHELMEYER: I have got to have a
18 medical feeding that my wife is going to give me. It
19 will take about five minutes, and she will be here in
20 about five minutes. I can't help that.
21 MR. GIDLEY: Well, I can start --
22 THE CHAIRMAN: Rather than having him
23 absent during part of your presentation, it seemed --
24 and to try to have him vote while he missed part of
25 that, and that is why I suggested a slight recess at
11
1 the time he needed his medications.
2 MR. GIDLEY: So go ahead and start and
?
3 then stop
4 THE CHAIRMAN: Is that all right with
5 you?
' 6 MR. GIDLEY: Yes, that is okay with me.
7 THE CHAIRMAN: We appreciate that.
'
g MR. GIDLEY: Okay.
9 THE CHAIRMAN: Thank you.
10 MR. GIDLEY: The application before you,
11 this is a case that was originally scheduled for
' 12 April -- I have the wrong case. April 25th, 1996. It
13 was continued to the May 23rd meeting. The action
' 14 requested is for a height variance for a billboard.
15 Originally it was published, posted, noticed for a
t
i
16 gh
22-foot height variance to the 32-foot billboard he
' 17 requirement. There have been changes since the staff
18 report. In fact, there have been numerous changes
19 since the staff report was originally issued.
' 2p The billboard has been lowered to a
21 height of 41 feet, and so now the variance request
' 22 would be 9 feet, which would be about a 28 percent
23 variance over the 32 foot that would normally be
24 allowed. The location is 10501 West I-70 Frontage Road
' 25 North. The property -- the general property, as
i
i
12
1 indicated on the overhead behind me, it is zoned
2 planned industrial development, that area that is in
3 yellow.
As you can see, there is a variety of
4
5 zoning that is around the property, agricultural 1 to
6 the north, C1 to the east, PID, planned industrial to
7 the west, and I-70 to the south. The kinds of uses
g that you have around this site, directly to the east is
9 a landscape nursery, to the north is a single family
10 home, a large agricultural property. They also use it
11 for the parking of a semi-truck and trailer. We have a
12 light manufacturing, Volant Skis to the west, and to
13 the south, of course, is Interstate 70.
14 I am going to come down to the site
15 itself, and this is the pictorial of the site. The
16 site is generally surrounded by a fence on the south
17 side as the Frontage Road. There is an existing
18 building which houses High Country Auto Body on the
ig site. There is an addition that has just recently been
20 constructed on the west end of the building. This is
21 an auto body shop. The billboard is situated generally
22 in the area that. is indicated and highlighted in yellow
23 on the overhead.
24 I would like to enter in the record,
25 among other things, the zoning ordinance, case file
13
1 pack of materials, all pack of materials, exhibits, the
2 sign code. Mr. Chairman, would you accept those,
3 please?
4 THE CHAIRMAN: What?
5 MR. GIDLEY: Would you accept those
6 documents into the record?
~ THE CHAIRMAN: Yes, sir.
$ MR. GIDLEY: I will quickly go through
9 some slides of the site. This is standing at the
10 intersection of Miller Street and the Frontage Road
11 looking to the west. The large yellow sign is the
12 billboard in question. The High Country Auto Body is
13 to the right of the blue building. The Volant building
14 is•past the sign, the white building. You can see the
15 Volant sign to the far left, the black with the V shape
16 on it.
1? Now, these pictures were taken when the
18 billboard was at 53.5 feet. It's been substantially
19 lowered, okay. It is now at 41 feet. This is looking
20 back at the site from the east -- or from the west
21 .looking back towards the east from the Volant property
22 towards the east. There is the auto body sign out in
23 front of the property. The sign that says "Friendly,"
24 that is the billboard.
2g This is a point at which the Volant sign
14
1 and the billboard from the Frontage Road come into
2 visual contact, visual competition, and this is from
3 the south side of I-70 looking towards the northeast.
4 This is further to the west looking back towards the
5 east. The yellow sign is about slightly right of
6 center. That's probably not pictures of that sign. I
7 will get back to a point here --
g MR. ABBOTT: What does it look like
9 now? Is it down like even with the top of the building
l0 there?
11 MR. GIDLEY: I will walk over here and
12 point to approximately -- its approximate lower
13 elevation would be approximately at this point here.'
14 MR. ABBOTT: The top is where the bottom
15 was about?
16 MR. GIDLEY: Yeah, this is 14 feet. The
17 sign itself is 14 feet. It came down -- oh, we have
18 new slides. I wasn't aware of that.
lg THE CHAIRMAN: Excuse me. He will-load
20 those into the projector.
21 _ MR. GIDLEY: Yes.
22 THE CHAIRMAN: Thank you.
23 MR. SANG: I have got a question.
24 THE CHAIRMAN: Mr. Sang.
25 MR. SANG: Glen, the sign was lowered
15
1 voluntarily by the Applicant, or did the City request
2 it?
3- MR. GIDLEY: Well, The City requested
4 that it be lowered to the legal limit, 32 feet.
5 MR. SANG: That would be 32 feet?
6 MR. GIDLEY: That is correct.
7 MR. SANG: Why was it lowered to 41?
$ MR. GIDLEY: You will have to ask the
9 Applicant.
10 MR. SANG: Nothing that the City
11 instigated or anything?
MR. GIDLEY: No, the Applicant did that
12
13 on their own. I would like to indicate the property 'is
14 located within the City of Wheat Ridge, all
15 requirements have been met, therefore there is
16 jurisdiction to hear the case.
17 THE CHAIRMAN: May we interject our
18 break time at this time?
19 MR. GIDLEY: Do you want to see the rest
20 of the slides? Oh, she is here. Whatever is needed.
21 Thank you.
(A recess was taken from 9:07 p.m. until
22
23 9:16 p.m•)
24 THE CHAIRMAN: If you would, please, we
25 would like to recall the meeting to order. We thank
16
1 you for this break, and we'll proceed, then. Glen,
2 thank you.
3 MR. GIDLEY: All right,' Mr. Chairman.
4 'Moving back to the slides, we do have some updated
5 slides, and this is a slide of the billboard in its
6 current situation, lowered to 41 feet. Let me go back
7 here a second and you can see here -- I am going to
8 move back, and you can see how tall -- I thought it
9 was -- how tall it was before, in that general same
10 position, and then I will go back and see if I have
11 another one here. These must be the Applicant's. Are
12 these ours? Was it dark when we took these? Oh, it
13 was dark, I see. We have to override the electronic'
14 aperture on this thing because our screen tends to
15 reduce the light.
16 All right. Moving on. Let's get to the
17 meat of things here as quickly as I can. I've
18 testified that the Applicant has lowered the billboard
19 to 41 feet. That relates to a 9-foot variance to
20 billboard height. Section 26-412 of the Wheat Ridge
21 Code of Laws specifies and regulates billboards, and
22 you have a copy of that in your staff report, and it
23 has already been entered into the record. Approval of
24 this request will allow for preexisting 41-foot
25 billboard to remain at its current height. The
' 17
' 1 Applicant applied for and ultimately received approval
2 of a building permit to allow construction of a
1 3 billboard at-the indicated address. The permit was
' 4 approved subject to the following conditions.
I have a copy of that permit which is in
5
6 your packet, is already entered into the record as an
7 exhibit. This is an overhead of that same document
8 that is in your packet. This is a standard Wheat Ridge
9 building permit. This is the building permit that the
10 Applicant, Chris Carlyle, on behalf of C&E, filled
Chris Carlyle and I had several conversations
t
11 .
ou
12 relative to specific requirements for billboards in the
13 City of Wheat Ridge. We went over the requirements
' 14 verbally. I gave him those requirements by hand.
15 Those requirements are located in the Wheat Ridge Code
1 2
16 .
of Laws, Section 26-47
This is the application the Applicant
' 17
18 submitted for the billboard. As you can see clearly in
1 19 the case description, Billboard, 14 by 48, 32 feet.'
' 20 This is a 32-feet-high billboard.
I would also for the record submit for
21
22 inspection to the Board a copy of a drawing that is
23 part of the building permit file, and I would like to,
' 24 for the record, enter into the record the building
25 permit file for the address 10501 West I-70 Frontage
1
1
is
1 Road. Mr. Chairman, will you accept these, please?
2 THE CHAIRMAN: I will, please, thank
3 you.
4 MR. GIDLEY: This is the exhibit, and I
5 would like to pass this document around, which is a
6 drawing that is part of the file -- building permit
7 file. One thing I would like to point out on this
8 drawing is red numbers over here on the right side.
9 There were two sets of these drawings. One set we
IO retained in our file; one set we gave back to the
11 contractor. We gave a copy back to the contractor that
12 clearly says 32 feet max, and this relates to height.
13 I would like to enter this into the
14 record and pass this around for the Board to review.
15 The point is there should be no confusion whatsoever.
i6 The requirement was very clear.. The requirement was
17 verbally discussed. The requirement was stated in many
18 forms relative to height requirement. The permit was
19 approved subject to the following conditions, and you
20 can see the conditions that were specifically stated.
21 Obviously 32 feet high, 50-foot setback, 5 feet from
22 the west, okay. Under approval conditions approved
23 pursuant to Wheat Ridge Code, Section 26-4(C)(1)
24 (Relocation)(b)(1), zoned billboard located at
25 approximately 7701 44th Avenue.
19
1 What that's about is this is a document
2 that is located in our billboard section of the Code of
3 Laws that is entitled "Official Billboard Zoning Map of
4 the City of Wheat Ridge." The City of Wheat Ridge is
5 divided into two billboard zones, a B-1 zone and a B-2
6 zone. They have different rules that apply, B-1 and
7 B-2 zone for the billboards throughout The City, and
8 generally, I am going to say very generally, most of
9 the areas south of I-70 is in the B-1 zone with the
10 exception of a few areas, okay. Predominately the
it areas north of I-7o is in the B-2 zone, and that is the
12 area that has kind of the hash marks. I will point out
13 to you the approximate location of the property at th'e
14 end here where this yellow dot is right here at the
15 intersection of Miller 'Street and 2-70. So you can
16 clearly see it is located in the B-2 zone.
17 We have a provision in the B-2 zone, and
18 you have copies of these regulations. I will point it
19 out here for the purpose of understanding how this '
20 billboard wound up being located in the B-2 zone,
21 okay. I am in Section 26-412 over here on the corner,
22 Wheat Ridge Code of Laws. This is part of the Code of
23 Laws, Subsection (C)(1).
24 Generally what it says is that existing
25 billboards located within the B-1 district may be
20
1 relocated to the B-2 district regardless of the maximum
2 number. Maximum number allowed in the B-2 zone
3 district is 16. Because we wanted to encourage the'
4 removal of nonconforming billboards in the B-1 zone,
5 there was a time period within which you could relocate
6 a nonconforming billboard from B-1 zone to the B-2
7 zone. That time period ended January 31st -- I am
8 sorry, December 31st, 1995. Obviously this billboard
9 permit was requested prior to that time. They came in,
10 and the permit was approved on December 29th, 1995, two
11 days prior to that provision going away.
12 On February 22nd, the chief building
13 inspector, John Eckart, was asked to inspect the
14 billboard located at 10501 I-70 Frontage Road by
15 himself. Upon inspection, the building inspector found
16 several things that were a concern to him. There was a
17 concern relative to the construction methods, okay. It
18 was reported that the billboard base had been augered,
19 that the pipe had been set, that concrete had been
2p poured, and that the load -- that the complete
21 billboard had been constructed and came under load, all
22 within less than a 24-hour period. In other words,
23 less than what you would normally desire from an
24 engineering standpoint concrete to accept loads,
25 especially in the middle of winter, okay, under
21
1 freezing conditions. So that was one concern.
2 Another concern was that the billboard
3" appeared to be too high, okay, and obviously it was too
4 high because we sent a survey crew out and they
5 determined that indeed it was substantially too high,
6 by 22 feet too high. And it also appeared to be too
7 close to the front property line, and that is another
8 matter, another issue, but that's not specifically
9 what's before you in this particular case. The long
10 and short of it is, indeed it was too high, and that's
11 why the Applicant is before you to ask for a variance
12 because of the height. We did issue a stop work
13 order.
14 Let's talk about the regulations a
15 little bit. And I think I already told you -- and I
16 won't go back over that relative to the relocation, but
17 one thing I will point out here is in this same
18 section, the B-2 zone, okay, it talks about maximum
19 height. It says maximum height shall be 32 feet. I
20 think it is very clear, it's English, 32 feet, not 50
21 feet, not 41 feet, 32 feet.
22 I will quickly go over the criteria
23 related to variances. The Code of Laws requires that
24 the Board of Adjustment find -- or make findings
25 relative to the nine criteria before a variance may be
' 1 approved, because it is also incumbent upon the
22
2 Applicant to make findings that supports their
3 variance: Quickly gcing through these, can the
4 property in question yield a reasonable return in use,
5 service, or income, if permitted to be used only under
' 6 the conditions allowed by regulation for the district
7 in which it is located. Staff concludes, yes, in the
h
hi
8 c
areas of billboard, there are several billboards w
9 do comply with the 32-foot height requirement, and
10 other than that, the property itself does have a
11 successful business upon it, High Country Auto Body, so
' 12 the property itself is currently yielding a reasonable
13 return on the property without the billboard lease.
' 14 Even if the billboard were to be lowered to 32 feet, it
15 would still be a reasonable return on the property.
' f the owner
ht
i
16 o
g
Number two, is the pl
17 due to unique circumstances. The staff concludes, no,
18 there are no unique circumstances that can be applied
19 to this case. The property to the west, it certainly
' 20 has a 32-foot sign, it is located 10 feet back from the
21 property line. The Applicant's billboard, if
' 22 permitted, is located 45 feet from the front property
23 line. It is further back. It would not visually
lots
th
24 e
impact the existing freestanding signs on
' 25 which are to the west. If the variance were granted,
1
23
1 would it alter the essential character of the
2 locality. The staff concludes that quite possibly, not
3 necessarily as a single tall billboard, however, if
4 other billboard owners want a similar height,
5 accommodation of tall billboards will change the
6 character of this locality.
7 Number four. Will particular physical
8 surrounding, shape, or topographical condition of the
9 specific property result in atypical hardship, key word
10 "hardship," upon the owner if the regulations were
11 carried out. Staff concludes, no, there would be no
12 hardship. The property is approximately at grade
13 level. We are talking about shape, topographical '
14 conditions, okay. The property is grade level with the
15 interstate. It's a rectangular -- generally
16 rectangular parcel. It is not an irregular parcel. We
17 do not find any true hardship as it relates to this
18 matter.
19 Will the conditions upon which the '
20 petition for variance is based be applicable generally
21 to other property with the same application. The staff
22 concludes yes. es the billboard regulations read, the
23 maximum height is 32 foot. That 32-foot maximum height
24 is consistent with all billboards where billboards are
25 allowed, in the C2 zone, Cl, C2, wide, et cetera.
24
1 We have been contacted by other
2 billboard companies in the vicinity desiring higher
3 billboards. W'e have indicated to them that 32 feet is
4 the maximum height. I will have to make you aware of
5 that, that some of these folks are aware of this
6 particular case, and have indicated to me very clearly
7 that they intend to seek a variance should this one be
8 approved, for their signs as well.
9 Number six. Is the purpose of the
10 variation based exclusively upon the desire to make
11 money out of a property? The staff concludes, yes,
12 that the request for a 9-foot billboard height variance
13 is based solely upon desire to make money as the
14 Applicant believes that a 32-foot billboard would be
15 obstructed from view by the surrounding developments.
16 Number seven. And I would strike the
17 last sentence of the staff report as it relates to the
18 balance of that issue.
19 MR. ABBOTT: Which sentence is that,'
20 Glen?
21 MR. GIDLEY: I would strike "if the sign
22 were built in compliance."
23 MR. ABBOTT: Okay.
24 MR. GIDLEY; Number seven. Has alleged
25 hardship or difficulty been created by any person using
25
' 1 the property, and the staff concludes, yes, hardship of
2 this variance is specifically self-imposed. If the
3 Applicant had followed the specifications highlighted
' 4
5
6 on the building permit, no hardship would have
existed. To go a little further, it goes well beyond
the provisions on the building permit. It goes to the
' 7
8 plans that they themselves submitted to us which we
approved, and we specifically placed in red very
9 clearly on their plans, and gave them.a copy. If they
10 were to follow their own plans, they wouldn't be in
11
12 here asking for a variance.
Number eight. Would the granting of the
' 13 variance be detrimental to the public welfare or
14 injurious to other property or improvements in the
15
16
17
18 neighborhood in which the property is located.
I would like to strike the staff's
written response as relates to this particular section
here and substitute the following: As indicated in the
' 1g
20 staff report, we were concerned over the field changes
and construction methods, and I talked to you a little
21
22 bit about construction methods relative to the
concrete. Even though we had a letter from an engineer
' 23
24 in the packet, as it came to you, we had requested a
.stamped professional engineer certification to be
25 submitted at the time this had gone out. That
26
' 1 certification has not been included.
2 So, at the time we were somewhat
l ' 3 reticent to accept those conditions. Since then we
I 4 have received a letter from Brownstein, Hyatt, Farber &
' 5 Strickland, together with GRC Engineering, Inc., from
' 6 Oaklawn, Illinois. I believe copies of this
7
8 information is being distributed to you. Generally
what it is, it is a letter from the engineer who
' 9 originally designed the billboard that, based upon
10 statements by the contractor and based upon a review of
li the load tickets from the concrete supply company, not
12 actual field investigations or inspections on the part
' 13 of the engineer, but on statements made by the
' 14 contractor and a review of the concrete load tickets,
' 15
16 he has certified to the safety and soundness of the
construction of the foundation. We will accept that as
' 17 it relates to this particular issue as liability fully
18 falls upon the owner and the engineer. They have
' lg certified to its safety, so we would withdraw any
20 comments relating to detrimental or injurious as it
21 relates to the possibility of failure.
'
22 Number nine. Would the proposed
' 23
24 billboard impair light or air or substantially increase
the congestion of public streets, increase the danger
t 25 of fire or endanger public safety, or substantially
27
1 diminish or impair property values in the
' 2 neighborhood. The staff concludes the proposed
3 billboard would not impair the supply of light or air,
1
4 nor would it increase congestion. We woula sLrixC ~~~_
5 balance of that statement starting with "however."
6 I would like to quickly go towards the
7 mid-point -- before moving to staff conclusions and
8 recommendations, I would like to go to the mid-point of
9 the staff report, to the statement of C&E
l0 Communications, Inc., in support of the administrative
11 process application. If you have that in your packet,
12 it is a statement from C&E.
13 Before I go into this, what I would Pike
14 to do here is just briefly respond to some of the
15 statements that are made by the Applicant here relative
16 to their position as it relates to this variance. On
17 Page 1, about two-thirds -- let's see, one, two, three,
18 fourth paragraph down, in the middle of the paragraph,
19 the statement that the billboard sign was erected and
20 constructed in full compliance with applicable building
21 code and industrial standards regarding such
22 structures. I would contest that. One of the
23 requirements of the building code is that it also be in
24 compliance with all other codes, and one of the other
25 codes, of course, is the sign code. So I believe that
28
' 1 is an incorrect statement.
The next page, starting with Paragraph
2
billboard signs located in the B-2 zones
However
3 ,
1.
lso governed by the code for planned industrial
4 are a
' 5 developments. And in here, they are making reference
' 6 to the planned industrial development regulations
7 governing the property upon which the billboard is
8 located provide a 50-foot maximum height.
I would like to enter into the record a
' 9
f the Wheat Ridge Code of Laws, Section 26-25.
10 copy o
' 11 You do not have a copy of this, okay. I will hand this
What this is is a copy of planned development
12 to you.
' It is an umbrella type of regulation. I
lations
13 .
regu
14 am going to quickly thumb to the planned industrial
15 development district section and point out to you -- I
' 16 have it marked here with a pink section, and on Page
I have a specific section highlighted in yellow.
' 17 1749,
Now, this is directly from the planned
18
dustrial development district regulations, and it is
i
19 n
20 under the general topic of planned industrial
' okay, and it is talking about the various
ment
velo
d
21 ,
p
e
22 design criteria and development criteria, and
23 Subsection (I) is signage, and what it says, "As
ifically detailed on approved final development
24 spec
' 25 plan, otherwise follow requirements of Chapter 26,
29
1 Article IV."
2 Chapter 26, Article IV, is the sign
3 code. The sign code is where the billboard
4 requirements are located, okay. In this particular
5 case, the High Country Auto Body planned industrial __
6 development, which is also called Becker Industrial
7 Park, did not have specific regulations as relates to
8 the signs, so, therefore, you fall back onto the sign
9 code. And the sign code -- part of the sign code is
10 the billboard section, so that is what this is all
11 about.
12 MR. MELCHER: Mr. Chairman?
13 THE CHAIRMAN: Yes, sir. '
14 MR. MELCHER: Might I-just respond --
15 MR. GIDLEY: I would ask that the
16 response occur when his time --
17 THE CHAIRMAN: He can give his response
18 when he is finished, then. That would be fine.
19 MR. MELCHER: Sure. '
20 MR. GIDLEY: Moving on through the
21 responses here, similarly Wheat Ridge generally
22 provides for any freestanding -- and this is in
23 quotes -- "freestanding billboard sign structure which
24 describes a scenic billboard sign which is located in a
25 nonresidential district to a maximum height of 50 feet
30
1 under certain circumstances," and it goes on to say
2 that the foregoing provision illustrates there is some
3 ambiguity. I would once again point out Subsection
4 (C), B-2 district, number 4, maximum height shall be 32
5 feet. 2 don't see that as ambiguous.
6 The next section talks about, once
7 again, coming back to the PID designation, and I have
8 already gone over that. The next paragraph, the
9 Applicant understood that the City of Wheat Ridge
10 preferred that the billboard sign be constructed to
it have a height of 32 feet. It is not a question of what
12 we prefer. The specific provision is in the Code of
13 Laws. It doesn't matter what staff prefers. It is a
14 requirement. We've told them it is a requirement.
15 Relative to the lease, it is not our
16 concern; it is their concern. If they have specific
17 provisions in their lease, once again, that is between
18 the property owner and C&E.
19 Moving along over to the next page,
20 which these are unmarked pages in terms of numbers, at
21 the top of the page, first paragraph, second sentence,
22 Applicant believed it would benefit all parties
23 concerned, including the City of Wheat Ridge, if the
24 billboard sign structure were erected to a height of 50
25 feet. I can't really respond to that. They will have
1
31
1 to justify that, I suppose. They also indicated that
2 there was an inadvertent increase in the height during
3 construction, and it's quite possible.
4 Moving down, is the plight of the owner
5 unique? They've indicated it is unique because an
6 adjoining property owner has a sign located on its
7 property that is exactly 32 feet, and that if a
8 variance is not granted, the Applicant's billboard sign
9 structure and the adjoining property owner's sign
10 structure will both be significantly damaged because
it they will block the line of sight for each sign for
12 different directions of travel. If that's the case,
13 every sign that we have in the City of Wheat Ridge has
14 exactly the same problem, because most of the signs are
15 25 or -50 feet high, and; why would that be unique to
16 this situation and not unique to every other sign in
17 the City of Wheat Ridge? It is called competition for
18 advertising.
19 Moving down to the issue of hardship•
20 under Number 4, reading from the Applicant's response
21 here, because the adjoining property owner has
22 previously erected a sign exactly 32 feet in height,
23 therefore, both the Applicant and neighboring property
24 will suffer significant hardship to their sign
25 structures. Once again, that's part of the sign
32
1 business. It's called competition for signage, and if
2 that applies here, it applies throughout the entire
3 city.
4 Moving down to the issue at the bottom
5 of that page, under unique circumstances, it says
6 erection of the sign at 32 feet by the adjoining
7 property is unique. I would submit that if it is
8 unique here, it is unique on every other commercial
9 property that has a sign in the city.
10 Relative to the issue of the desire to
11 make money on the property, paraphrasing, based upon
12 the desire to avoid significant hardship or loss of
13 income, that's the basis of the variation. It is the'
14 avoidance of hardship through the loss of income. Once
15 again, I don't believe that's the Board of Adjustment's
16 duty to be concerned about the loss of income.
1~ Number seven. Has alleged difficulty or
18 hardship been created by the person presently having
i9 interest in the property. I am going to have to read
20 this entire one here. The Applicant erected the
21 billboard sign structure at a height in excess of
22 billboard sign regulations in the belief that the
23 additional height of the billboard sign structure would
24 be of benefit to the owner of the property upon which
25 the sign is erected, all adjoining property owners, as
33
1 well as the Applicant. The Applicant did not create
2 the hardship resulting from the billboard sign
3 structure exceeding the height with an intent to harm
4 other property owners or with an attempt to create
5 difficulties for the City of Wheat Ridge.
6 Relative to detriment, moving down
7 towards the bottom, the billboard sign structure
8 erected by the Applicant has been erected in full
9 compliance with City and industrial codes. once again,
ZO it is not in full compliance or .they wouldn't be here
11 asking for a variance.
12 I would like to additionally enter two
13 additional pieces of information into the record. An
14 immediately adjacent property owner, Volant,
15 Incorporated, who did testify at a previous hearing
16 related to the setback variance on this billboard, has
17 submitted a letter that indicates generally that
18 because the billboard has been lowered to a height of
19 41 feet, that they have withdrawn their objection from
20 the variances, both the building height variance and
21 the billboard height variance and the billboard setback
22 variance. You all have copies of that. It has
23 previously been distributed.
24 We have a similar letter from Holley,
25 Albertson & Polk on behalf of Medved Autoplex. once
34
1 again, the same situation, their attorney did testify
2 in regard to the setback variance. They have
3 subsequently withdrawn their objection based upon the
4 lowering of the billboard to 41 feet, both their
5 objection to the height variance and to the setback
6 variance.
~ I believe that that concludes the staff
8 report. Are there a.ny questions?
9 MR. ECHELMEYER: Yes.
10 THE CHAIRMAN: Mr. Echelmeyer, proceed.
11 MR. ECHELMEYER: How did we ever get 41
12 feet, and were there any City employees involved in
13_ this process?
14 MR. GIDLEY: To answer the first
15 question -- the second question first, no city
16 employees were involved in this process in terms of
17 being there during the lowering, that sort of thing.
18 MR. ECHELMEYER: So you found this out
19 after the fact?
20 MR. GIDLEY: Yes, sir. Although the
21 Applicant did ask if they wanted to lower the sign,
22 would we permit that, and we indicated, yes, we would.
23 So they did ask, and we indicated, yes, we would permit
24 that under the existing --
25 MR. ECHELMEYER: To 32 feet?
35
1 MR. GIDLEY: We just said lower, okay.
2 And in our discussions, you know, to be honest with
3 ypu, my suggestion was to lower it to 32 feet, but they
4 didn't lower it to 32 feet, they lowered it to
5 something greater than 32 feet.
6 THE CHAIRMAN: You didn't suggest they
7 lower it under a flatbed truck and haul it away?
8 MR. GIDLEY: No, sir, I didn't do that.
9 I believe they have certain rights here. Now, the
10 first question -- what was the first question?
11 MR. ECHELMEYER: How did you get to 41
12 feet?
13 MR. GIDLEY: How did we get to 41 feet?
14 They lowered it to 41 feet.
15 MR. ECHELMEYER: How did it get to
16 higher than 41 feet?
17 MR. GIDLEY: How did it get to higher
18 than 41 feet?
19 MR. ECHELMEYER: No. If he lowered the
20 sign, why did he lower the sign to 41 feet, and did the
21 City have anything to do with establishing 41 feet?
22 MR. GIDLEY: No, sir, we did not in any
23 way suggest to them that 41 feet would be acceptable.
24 MR. ECHELMEYER: Was there a process
25 whereby they lowered it to 41 feet? Did it go on day
1
36
1 after day?
2 MR. GIDLEY: I believe it all probably
3 happened in one day, and I believe the 41 feet is
4 because there is-a joint -- these are jointed pipes,
5 and they get smaller as they get higher, and it is much
6 easier to unbolt at a joint and remove it and then set
7 it right back down onto that joint.
g MR. ECHELMEYER: Was it the same
9 contractor from Texas that did the work?
10 MR. GIDLEY: I'm not really sure. You
11 will have to ask the Applicant. I wasn't there, and we
12 don't have the information as relates to that.
13 MR. ECHELMEYER: And the City, then, had
14 no information that this was taking place?
15 MR. GIDLEY: Other than the advance
16 question, which we answered in the affirmative, yes,
17 you could do that under the current permit, but we just
18 didn't know exactly when it was going to happen, or if
19 it was going to happen for sure, but then we did found
20 out it did happen. I guess it was last weekend.
21 MR. MELCHER: We told The City when we
22 were going to do it, we told them beforehand, we asked
23 them permission to go on and do it, they gave us
24 permission to go on and lower the sign. They did not
25 select a speci-fic site, but they knew when we were
37
1 going to it, they allowed us to do it, we told them
2 when we did it.
3 MR. GIDLEY: I didn't know the exact
4 date, but maybe someone else in our office did.
THE CHAIRMAN: Bill, you can restate
5
6 that question.
7 MR. ECHELMEYER: Sir?
8 THE CHAIRMAN: You can reask that
9 question when the Applicant presents his part.
10 MR. ABBOTT: Glen, on Criteria Number 8,
11 which we struck your response, then, are you saying
12 that your response to that would be no, would the
13 granting of the variance be detrimental to the public
14 welfare and injurious to the property, that one?
15 MR. GIDLEY: That's correct. We are
16 suggesting that based upon the certification from the
17 engineer, that was our primary concern.
18 MR. ABBOTT: Right.
19 MR. GIDLEY: That, no, it would not be
20 detrimental or injurious to other property.
MR. ABBOTT: Okay. Then one other
21
22 question I had was, back to the moving of it from the
23 B-1 to the B-2, does this leave a whole in the B-1 zone
24 now that can be filled again by another sign?
25 MR. GIDLEY: No, no other billboards can
38
1 ever be located -- relocated. The only thing that can
2 happen to a billboard in the B-1 zone is that it be
3 removed. As a matter of fact, all of them have to be
4 removed this year in the B-1 zone.
5 THE CHAIRMAN: In '96?
6 MR. GIDLEY: In 1996. They were all
7 supposed to be down by -- I can't recall the specific
g date. It may have been May 1st, 1996. We will be in
9 contact with all billboard companies officially,
10 encouraging them to voluntarily remove them over the
11 next few months.
MR. ABBOTT: But The City, apparently to
12
13 hasten that process, they were offering an incentive to
14 move to the B-2? ,
15 MR. GIDLEY: That is correct.
16 MR. ABBOTT: That is the logic?
17 MR. GIDLEY: Yes, that's correct.
18 MR. ABBOTT: Okay.
19 THE CHAIRMAN: Any further questions?
20 MS. MAURO: Glen, how far down would the
21 next, what would you call that, joint that is bolted
22 be, do you know, or should I ask that to the
23 Applicant?
24 MR. GIDLEY: Hopefully the Applicant has
25 that information. I can also look at the plans and
39
1 perhaps tell from the plans -- after I sit down and the
2 Applicant starts, 2 can look at the plans as well, but
3 I believe the owner is also here and he might be able.
4 to answer that.
5 MS. MAURO: Thank you.
6 THE CHAIRMAN: Mr. William Echelmeyer.
~ MR. ECHELMEYER: Was the sign reduced in
8 width?
9 MR. GIDLEY: No, sir, not to my
10 knowledge, I don't believe it was.
11 MR. ECHELMEYER: So there was no
12 adoption at the time that would accommodate the
13 variance for the 4 feet?
14 MR. GIDLEY: Oh, no, sir. It was
15 straight down.
16 MR. ECHELMEYER: Would you normally
17 accept a written comment of the engineering on this
18 sign after it was constructed without an on-site
19 inspection?
20 MR. GIDLEY: My engineer and my building
21 inspector and I all set down and discussed this
22 matter. Normally, no, to be honest with you, but after
23 our engineers reviewed the concrete specification
24 tickets, and saw the type of concrete and the additives
25 that were added, and also the depth -- the total depth
40
1 of the pole, there was a conclusion that even if the
2 concrete was not the best of concrete, that because of
3 -the depth of the pole into the ground, that it is deep
4 enough that even bad concrete ought to hold this
5 billboard under wind loads, because it is
6 substantial -- it is very, very deep into the ground.
7 In other words, it is generally over-engineered for the
8 amount that is sticking above ground.
g MR. ECHELMEYER: I have another
10 question. The fact that they came in for a permit two
11 or three days prior to the expiration date of the 31st
12 of December, did that automatically assure them the
13 right to go into the B-2 zone, or did they have to have
14 something in place?
15 MR. GIDLEY: We had to make an
16 administrative determination as relates to that
17 particular matter. Building permits -- on the face of
18 the building permit, there is a specific provision that
19 says that the building permit is good for -- I had
20 better read this so I don`t get it wrong -- 20 days,
21 okay. There had been a history of issues related to
22 this particular billboard at another location that was
23 being proposed, and at this location, and there had
24 been a history of some legal concerns as it relates to
25 the relocation of this billboard. We made an
41
1 administrative determination, as from time to time I
2 have an obligation to do as an administrator, and in
3 this case I tried to cooperate with the billboard
4 company in their favor providing the issuance of the
5 permit so long as they actually built it before the
6 building permit expired. So it was issued prior to the
7 date that it was provided by law.
$ THE CHAIRMAN: Any further questions?
9 Glen, thank you. I hope we have all the various items
10 properly on record here.
11 THE CHAIRMAN: Mr. Melcher.
12 MR. MELCHER: Thank you, Mr. Chairman.
13 THE CHAIRMAN: I think you have been
14 sworn in last time.
15 MR. MELCHER; Yes, I was.
16 THE CHAIRMAN: That will suffice for
17 this time.
18 CHRISTOPHER J. MELCHER,
19 having been previously duly sworn, testified as
20 follows:
21 MR. MELCHER: Thank you very much. My
22 name is Chris Melcher. I am an attorney with
23 Brownstein, Hyatt, Farber & Strickland. I practice
24 here in Colorado, and I am here representing the
25 Applicant, C&E Communications, Incorporated, the owner
42
1 of the billboard sign.
2 It is almost two and a half hours since
3 we st"acted. I apologize for the amount of time that
4 you are going to have to spend here. I appreciate your
5 patience. It is getting late. I will try to keep this
6 brief, but there is a lot to address.
~ As you know, Glen went through or Mr.
8 Gidley went through for almost an hour laying out his
9 view of this matter, and so I am going to have to take
10 some time to respond to that. I will try to keep it
11 brief.
12 Before I get into my statement, though,
13 I would ,like to address four issues that Mr. Gidley
14 raised just to clear up what I believe is some
15 confusion. First, there was some question about why
16 did this billboard company, C&E Communications, come in
17 two days before the deadline and get this application,
18 or did they come in just before the wire. In fact,
19 this company was here with the City working with the
20 City for, I believe, five or six months prior to that
21 deadline. In fact, maybe more. Maybe eight months, I
22 am not sure, working with Mr. Gidley to get a permit.
23 They did get a permit with Mr. Gidley. They got it
24 back in September, but Mr. Gidley granted the permit
25 for C&E Communications. And then after he talked with
43
1 Mr. Dahl, the City Attorney, they decided that on a
2 technical basis they would revoke that permit, and I
3 will 'enter that as Applicant's Exhibit Number 19. It
4 is a letter dated September 13, 1995, to Chris Carlyle
5 of C&E Communications.
6 "It is my duty to inform you that your
7 Wheat Ridge building permit for a billboard, No.
8 95-244, to be erected at 10501 West I-70 Frontage Road,
9 is hereby revoked." And so the City was ready to go
10 quite a bit before that deadline -- I am sorry, C&E
11 Communications was ready to go quite a bit before that
12 deadline. All of a sudden, their permit was pulled,
13 they had to scramble and try to get a new permit.
14 That's why it came up so close to the deadline, and I
15 will enter that in the record and you can see that. So
16 the Applicant was here working with the City for quite
17 awhile trying to get this worked out before the
18 deadline.
19 As Mr. Gidley pointed out, the City o'f
20 Wheat Ridge is divided into two zones: B-1 and B-2.
21 And as Mr. Gidley pointed out, the City of Wheat Ridge
22 has adopted a policy to get the billboards out of B-1;
23 into B-2, out of more residential areas into the
24 highway areas and the industrial areas. So we at C&E
25 Communications found two billboards that were in B-1,
44
1 got those billboards taken down, and put up billboards
2 along I-70, or put up one billboard, another billboard
3 was put up by another company, and so they were going
4 pursuant to the City of Wheat Ridge's preference. As I
5 think one board member mentioned, this is an incentive
6 program by the City of Wheat Ridge. So that is why the
7 billboard has ended up where it has right now.
g As to the area, I think you can see -- I
9 will borrow Mr. Gidley's slides here, if I can. You
10 can see that this area is a commercial .industrial area,
it and it is -- there is a frontage road that runs along
12 the front of it,-and another hundred feet or so past
13 that is I-70. This is the area where you are supposed
14 to have these billboards in the view of the City of
15 Wheat Ridge because it will cause the least amount of
16. disturbance to neighbors, it will cause the least
17 amount of eyesore, and so this is where they are
18 supposed to be.
19 Now, there was another issue about
20 safety, and I am frankly very surprised that Mr. Gidley
21 raised that issue. I should say C&E Communications
22 undertook extensive efforts to make sure this billboard
23 is as safe as humanly possible. They had engineering
24 studies done, and I will refer you to that blueprint
25 Mr. Gidley pointed out. If you will look at that
45
1 blueprint, you will see that this blueprint on this
2 chart -- and I have a copy here. I don't know if -- it
3 doesn't have 'any red writing on it that Mr. Gidley
4 talked about, but it is the same blueprint, I believe.
5 This billboard, if you look at the
6 chart, gives engineering certification and approval for
7 these types of billboards to be built up to a height of
8 75 feet or higher, so it is specifically designed --
9 no, in height, above the ground.
10 THE CHAIRMAN: Could you open it up the
11 rest of the way?
12 MR. MELCHER: I am sorry.
13 THE CHAIRMAN: It looks different.
14 MR. MELCHER: Is it the different plan
15 or the same plan?
16 THE CHAIRMAN: You are talking about two
17 different pieces of paper.
18 MR. MELCHER: This is a different plan,
19 but I will show you on Mr. Gidley's plan -- the first
20 plan that I just showed you actually was the plan
21 .submitted the first time last summer of '95 when we
22 thought we had a permit from the City in the summer of
23 '95. That was revoked. We came back with a new plan,
24 and these blueprints, as you can see, also talk about
25 the HAGL, which is height above ground level. That is
46
1 what HAGL stands for. And the HALL actually here goes
2 up to 100 feet. So these billboards are designed to go
3 up to a hundred feet and above.
4 And in fact, I will ask you to take
5 notice of the fact that there is a billboard in Denver,
6 I believe, that is at a height above 110 feet along
7 I-76. So there is nothing unusual about a billboard
8 being 50 feet high. In fact, as I will talk about
9 later, there are three billboards in the City of Wheat
10 Ridge right now 50 feet or higher, and if there is a
11 safety issue, then Mr. Gidley should be out there
12 looking at those if he is concerned about the safety.
13 The reason why I am very surprised he
14 raised that issue is because as Mr. Gidley pointed out,
15 we provided certification from our engineer, and I will
16 give you copies of this. This is Applicant's Exhibit
17 Number 8. It is designated WA-96-11. It was an
18 exhibit I had for a prior hearing on the setback. I
19 did not enter it then, but I will enter it now.
20 You can see the engineer's
21 certification. The engineer is located in Illinois.
22 The engineer relied on a contractor who swore in a
23 sworn statement as to all the details of the
24 construction. He provided the concrete load tickets.
25 And just so you know, that billboard, there is a hole
47
1
2
3
4
5 dug over 17 feet down into the ground. There are two
full concrete trucks worth of concrete in that hole
holding that billboard. I. don't think a 200-mile wind
could knock that billboard down. So that billboard is
built way above any required industry standards. It is
' 6
7
g completely safe.
In fact, as Mr. Gidley, I think, will
- and I will enter it as Applicant's Exhibit 29,
agree -
'
'
' 9 WA-96-11, because it was an exhibit at the last
10 hearing. This is a letter from our law firm to Mr.
11 Gidley and Mr. Eckart, who is the chief building
12 inspector, in response to Mr. Melcher's inquiry -- and
13 this is our letter from myself -- or a letter from Polk
reed" -- and it is
n
14 to these two individuals. You ag
to Mr. Gidley and Mr. Eckart. "You agreed that
15 talking
16 the issue of the structural integrity of the C&E
17 billboard would not be raised at the April 25th, 1996
lg Wheat Ridge Board of Adjustment hearing regarding the
19 above-named applications; that the City would make a
20 statement that C&E had satisfied all requests of the
21 City with regard to the billboard's concrete footing
22 and structural integrity; and that C&E would not need
23 to present any witnesses regarding this issue at the
24 hearing. In reliance on these statements, we have
25 cancelled arrangements to present expert witnesses at
48
1 the hearing on this issue."
2 So we have representations from the City
3 that they were 'completely satisfied with the structural -
4 safety. There is nothing wrong with this sign, and any
5 statements in our statement that Mr. Gidley referred to
6 about complying with all City codes, we were simply
7 saying, Mr. Gidley, we have satisfied all the industry
8 building codes that you raised concerns about, are you
9 satisfied, and he said, yes, the City is completely
1o satisfied. So I think it is surprising to me that he
11 is raising that. I wanted to address that because that
12 seemed to be a concern of the Board.
13 Now, if I could, I would like to briefly
14 run through'our statement. As you know, we are here on
15 this application, Case Number WA-96-12. We have a
16 power of attorney from the property owner, which is
17 Daniel Dearing, and that's the auto body shop. I think
lg you have already seen a picture of that. It is an auto
19 body shop. On the left or on the west side of the auto
20 body shop is a warehouse, a construction -- a ski
21 factory warehouse. I think there is other industrial
22 and commercial developments up and down that road.
23 We got the power of attorney from Mr.
24 Dearing because the Wheat Ridge City Code requires us
25 to get the property owner's power of attorney. That is
~I
49
1 Exhibit Number 2 and Exhibit Number 15, and I would
2 like to enter those in the record. I donut know if
3 there is a need to pass these around, but I will read
4 briefly into the record, which is Exhibit Number 15,
5 which the property owner, Mr. Dearing, states provides
6 C&E Communications with the power of attorney, and this
7 is simply to present his views here before you at the
8 Board of Adjustment.
9 And he says, "You or your
10 representatives are hereby authorized to state at the
11 April 25, 1996 Board of Adjustment hearing" -- and
12 obviously this matter is continued over to this
13 night -- "that I am in full support of the variance
i4 application regarding the setback of the sign, as well
15 as in full support of the variance application for
16 additional height as requested in the height variance.
17 Both variances would greatly enhance the use of my
i8 property. and would be consistent with the general
19 character of the neighborhood. Neither variance would
20 in any way be injurious to the aesthetics of the
21 locality, the property values in the neighborhood, or
22 the public hea lth, safety, and welfare."
23 And Mr. Dearing has this structure
24 directly above his property, a bove his. auto body shop.
25 If he had any concerns about t he safety, or if he
50
1 thought this ruined his neighborhood, then I am sure he
2 would say so, but he has not.
3 Now, this billboard was constructed in
4 February of this year. As I said, there were
5 engineering plans for this billboard. The billboard is
6 engineered to go as high as a hundred feet high,
7 completely safe. The billboard was constructed
g quickly, and the reason it was constructed quickly --
9 and I would like to address this -- was because the
10 billboard is located on a commercial property, and the
11 property owner runs an auto body shop. The property
12 owner doesn't want cranes and workmen on his property
13 during work hours obstructing his way or interfering
14 with his business.
So we went in, we put this billboard
15
16 up. We put it up completely following industry
1~ guidelines, but without wasting time. That is why it
1g went up quickly. There was no load bearing before this
1g billboard was ready to bear loads. There was no safety
20 issue. So it was constructed, and it was constructed
21 at a height of 50 feet, or it was intended to be at 50
22 feet, and it ended up at 53 feet, and the reason for
23 that was because when they went out to construct the
24 billboard, they realized that as they started to look
25 at the property and identify how high it was going to
51
1 be and where it was going to be, they realized that the
2 only location on this property for the billboard was at
3 the far western edge. Now, if you put the billboard, up
4 at the far western edge, and you had it too low, it
5 would block not only the Volant factory but also the
6 Volant sign. I would like to show you that.
~ Now, this is a representation. If the
g sign were lowered to 32 feet, it would be blocking the
9 factory, and you can't tell from this angle, but it
10 might also interfere visually with the Volant sign and
11 perhaps with the High Country Auto Body sign. Now, if
12 you look at it in this direction, you can see much more
13 clearly that it does interfere visually with the Volant
14 sign.
Now, this is a computer representation
15
16 or an altered photograph trying to give you an idea of
17 what kind of obstruction there will be. The C&E
18 Communications, when they erected the billboard,
19 thought it would be in everyone's interest if the sign
20 were higher and did not obstruct the Volant sign and
21 the Volant factory. They knew Volant had come to I-70
22 with the idea they would get a lot of visibility along
23 I-70; that skiers going up to the mountains would be
24 able to see their sign and their factory, so we thought
25 Volant wouldn't have any objection. The property
t
52
1 owner, Daniel Dearing, certainly didn't have any
2 objection to that. The property owner was happy to see
3 that sign higher because it had less interference with
4 his property.
5 I think there may be a slide here to
6 show that. I guess right there would be a good
7 example. That was the height originally, and as you
g can see, the billboard at that height did not block the
g factory.
10 THE CHAIRMAN: Is this your Volant
11 sign?
12 MR. MELCHER: Yes, that is the Volant
13 sign. Thank you, Mr. Chairman. And at that height,
14 there was less visual competition, I think as it has
15 been put, or visual clutter. Also it was above the
16 factory so that there was no interference in any waY
17 with the height if they needed to get a large crane in
1g there, they needed to do any work on the roof. The
1g property owner was happy to see the sign that high.
20 And you can see from this angle, when the sign --
21 actually, depending on where you are, even at that
22 height, there could be some visual clutter depending on
23 how close you are, but as you can see for most of the
24 highway, when the sign was at that height, traffic
25 going east and west on I-70 would be able to see both
53
1 the billboard and the Volant factory and the Volant
2 sign very clearly, and neither one would be
3 obstructed.
Now, they built the sign, and shortly
4
5 after that -- this is an exhibit I will get to in just
6 a moment, but this again is what you saw on the slide.
7 This is the sign when it was erected. You can see that
8 both Volant and the billboard had -- could exist in the
g same space and there was no visual competition or
10 clutter. After they built the sign, the City notified
11 them that the sign was too high, that the City objected
12 to it.
13 At that time the Volant property or the
14 Volant owners objected and said that they did not like
15 the sign that high. Frankly, C&E Communications was
16 surprised that Volant would object to that height.
17 They did not think that Volant would object. They
18 thought Volant would actually be happier with the
1g additional height, and they also knew -- they were
20 surprised the City objected as strongly as they did,
21 because they also knew there were in fact three or four
22 or perhaps more other billboards in the City of Wheat
23 Ridge that were well over the 32 foot height, and I
24 will get to that in a moment.
So then the City objects. The City, as
25
I
54
1 Mr. Gidley said, put in a stop work order. They stated
2 the wrong height, you're going to have to file a
3 variance application. We filed the variance
4 application. We told Mr. Gidley and Mr. McCartney,
5 Sean McCartney, that we had a survey coming in the week
6 that they were preparing the staff report. We told
7 them we had certifications from the engineer coming
8 in. We told them full well what the certifications
9 would say about the safety of the sign, because we had
10 met with Mr. Dahl and Mr. Gidley back in March.
11 We sat down with them and John Eckart
12 and we said, what do you want us to do to satisfy you
13 that this sign is safe. And they gave us a couple of
14 options, and one of the options was if you get the
15 concrete load tickets and you get the contractor to
16 -swear out a statement and you give that to the
17 engineer, and the engineer looks at that and looks at
18 his plans and tells us in a certified, sworn, sealed
19 letter that it is okay, that it is safe, we will accept
20 that. And that's what we did. And we told him it was
21 coming, and so we were very surprised that the staff
22 report came out with the answers that it did on number
23 8 and number 9, and I guess Mr. Gidley has now
24 withdrawn that. There is no concern about the safety.
25 But at that point we realized that
55
1 obviously -- or C&E Communications realized that
2 obviously people were very concerned about the height,
3 that this was not going to be a variance that people
' 4 were going to look very favorably on, and so we thought
5 that -- C &E Communications thought that what they
to
tr
concerns
th
dd
6 needed to y
,
ese
ress
do was try to a
' 7 work out some sort of solution where everyone could
8 win, hope fully, or could have something they are
9 satisfied with.
10 And that's why when we came here last
'
11 .April, we went forward with the setback hearing, but we
' 12 asked for a postponement of the height variance, and I
13 told you the reason we asked for that height variance,
14 or one of the reasons, was because we wanted to try and
15 work out a solution. we wanted to see 1.f-there was
16 some double ground or some way to satisfy the City and
17 the neighbors and the other property owners.
1g So then .what we did is we spent a great
19 deal of time talking with the two property owners who
I 20 objected the strongest and were here .last April at the
21 hearing, Medved and Volant. And you heard Dennis Polk,
22 the attorney for Medved, and Mr. Kashiwa, who owns
' 23 Volant. You heard him get up and object to the
24 variance applicat-ions, and you heard him make a number
25 of statements why Medved and Volant weren't happy with
56
1 the sign. So we met with them. We spent a great deal
2 of time meeting with them.
g We understood from them that what they
4 would like is some middle ground on the height, and so
5 that's what we did. We tried to find a middle ground,
6 and that middle ground was 41 feet, and the reason for
7 that is a couple of things.
g One is that as you can see, this is the
9 after picture. Before is on the bottom of -- what I
10 have marked as Applicant's Exhibit D. The before is on
11 the bottom, 53 feet. The top one is afterward, 41
12 feet. There is still some visual clutter. Depending
13 on where you are on the highway, there is some
14 competition there, but it is much less than it might
15 otherwise be. And the billboard is above the roof of
16 the Volant factory so that traffic going westbound on
17 I-70 will see the factory, will see the sign, and
18 Volant will get the visibility they want, but they
19 think it will be more in conformance with the
20 neighborhood at 41 feet. So that was part of the
21 reason for selecting 41 feet.
22 And as you have heard from Mr. Gidley,
23 we voluntarily told the City we are going to lower that
24 sign. We are trying to work out a solution there. We
25 wanted to lower the sign. We asked them their
57
1 permission, because there was a stop work order, can we
2 please lower that sign. They gave us permission to
3 lower it. We went out, we lowered it..
And to answer the question of one board
4
5 member, there are no joints in that structure as such.
6 The way the sign is lowered is that the sign is
7 actually lifted off of the pole and the pole was taken
8 down and cut, and there was a section cut out of that
9 pole, about, I think, a 12 or 13-foot section, and then
10 in the middle of that pole, and the pole is welded.
11 And I think Mr. Eckart for the City will probably agree
12 that welds are usually stronger than the actual steel,
13 so there is no concern about the structural integrity
14 of that sign, but that is something we will be happy to
15 present evidence to as to the City if there are any
16 concerns. So the pole was then welded at that 41 feet,
17 and the sign was placed back on top of that pole. Now,
18 that was done.
We talked with the property owners who
19
20 objected on that road, Medved Autoplex, or Mr. Medved,
21 and Mr. Kashiwa of Volant, and they were very pleased
22 with that, and that satisfied the majority of their
23 concerns about this billboard. And at,that point they
24 believed that based on our good faith, voluntarily
25 going in and lowering that sign, trying to work out
58
1 some middle solution, that they could support our
2 application.
S And I would like to enter into evidence
4 Exhibits 16 and 17, and I will address them one at a
5 time. Exhibit 16 is a letter -- I believe Mr. Gidley
6 mentioned this before. This is a letter from Volant,
7 Incorporated, and it is directed to Mr. Glen Gidley,
g City of Wheat Ridge. It states -- and I will read this
9 on the record. "Mr. Gidley, as you are aware, Volant
10 has in the past presented objections to the above-named
11 variance applications submitted by C&E Communications
12 with regard to a billboard they have constructed at
13 10501 I-70 Frontage Road directly adjacent to our
14 property." You will actually have copies, so maybe I
15 will paraphrase. You can read the actual lines if you
16 like. But Volant states having met with.us, having
17 melt with representatives of C&E Communications, having
lg seen C&E Communications lower the sign to 41 feet, they
19 hereby, quote, withdraw all prior opposition to the~C&E
20 request for a variance, to the extent that the
21 Applicant now seeks a variance to the billboard with a
22 maximum height of 41 feet. In light of this concession
23 and the demonstrative cooperative attitude of the
24 Applicant, Volant hereby informs you -- that is Mr.
25 Gidley -- that we now fully support the Applicant's
t 1
2
'
. 3
4
5
6
' 7
8
9
10
it
12
13
' 14
15
16
59
above-named request for a variance on both the setback
and the height.
They further state -- and this is Mr.
Craig Chaffee, vice president of Volant, speaking for
Volant -- I believe that a height of 41 feet will be
less distracting and will better serve our neighborhood
than a 32-foot height. So Volant factory prefers the
41 versus the 32-foot height because it will better
serve the neighborhood. In addition, because the
location of the billboard and the structure -- because
of the location of the billboard and the structures
located on the Volant property, Volant believes that
the billboard would actually harm the Volant business
conducted on our property if the C&E variance
application is not granted and the sign is not allowed
to remain at its present height of 41 feet.
17
' 18
19
20
21
22
23
24
' 25
So Volant has gone further to say that
if the billboard is forced to go down to 32 feet, I am
sorry, it will actually harm their business, it will
harm the visibility, it will harm the reason that they
are on I-70. And I think Mr. Craig Chaffee was going
to try to be here tonight. I don't see him here, but
he would have told you that in person, but he did send
this letter to Mr. Gidley.
Similarly, Exhibit Number 17 is a letter
60
' 1 from Dennis Polk who is the attorney representing Mr.
2 Medved and Medved Autoplex, and again this letter is
' s
d it sa
A
3 ,
y
n
directly to Mr. Gidley written today.
' 4 Dear Glen, as you are aware, this firm represents
5 Medved Autoplex with regard to the above-referenced
' 6 matter. Again, I am paraphrasing. It states they have
7 met with C&E Communications on a number of occasions,
8 and in light of the fact that C&E has voluntarily
' 9 reduced the sign to 41 feet, Dennis Polk states that
10 he's been authorized, quote, on behalf of Medved
I hereb
l
t
11 y
ex
op
Autoplex to advise you that Medved Au
12 withdraws its opposition to the request for a variance
13 to the extent the Applicant now seeks a variance to the
' 14 maximum height of 41 feet. Medved Autoplex, again
15 quoting, has authorized this firm to inform you that
16 they now support the Applicant's request for a variance
i 17 on both the setback and the height. They go on to
18 state that we -- and this is Medved Autoplex -- believe
' and
tin
t
di
19 g
rac
s
that a height of 41 feet will be less
20 will better serve the community than a 32-foot height.
21 So, _a gain, Medved -- and I believe Mr. -
' 22 Polk was going to try to be here tonight, but I am not
' 23 sure if he is here either, but he would tell you this
24 in person -- that Medved Autoplex and Mr. Medved
' 25 believe that the 41-foot height is actually better for
1
61
1 the neighborhood, better for their business, better for
2 all the businesses along that street at 41 feet. It is
3 better than it would be at 32 feet. And these are the
4 individuals that are directly affected by this
5 billboard.
6 Now, I said that there was another
7 reason why the height was set at 41,-and that is
8 because, as I mentioned before, there are a number of
9 other signs in Wheat Ridge that are above 32 feet. The
10 Applicant, C&E Communications, is not saying that if
11 someone else is above 32 feet, then everyone should be
12 above 32 feet, that's not the case. But there are
i3 unique situations or there are particular neighborhoods
14 where it is a benefit to everyone, the members of the
15 community, the City of Wheat Ridge, to have some height
16 variance above the 32-foot level.
1~ And I would like to just briefly outline
18 these for you, and I do this because there are positive
19 examples where this Board has found that it is in the
20 interest of the City to have a height above 32 feet.
21 And we respectfully suggest that this is another
22 instance where this Board could find that it is in the
23 best interest of the City and the best interest of the
24 neighborhood to have a variance granted above 32 feet.
25 Now, what we have here is a poster with
62
1 five photos on it, and I have labeled four of them.
2 One of the photos that is not labeled is simply the
3 back side of this sign here, number 4. Now, I would
4 briefly explain to you the situations surrounding these
5 signs, but I would also show you, if I can find it --
6 if you will bear with me a minute. This is an exhibit,
7 what I have marked as Exhibit Number 18. Exhibit
8 Number 18 is a letter from a certified surveyor, Joseph
9 Asmuth, and we asked Mr. Asmuth to go out and measure
10 the heights of these signs just so we would be sure
it what height they are.
12 THE CHAIRMAN: We already have a copy of
13 that letter too, do we not?
14 MR. MELCHER: I just gave this to the
15 recorder woman here to pass on to you. We have marked
16 it as Exhibit Number 18, and she will give this to you
17 in just a minute.
18 MR. SANG: We don't have this.
19 MR. MELCHER: I don't think that is one
2p you already have.
21 THE CHAIRMAN: Okay. We already have --
22 we will save a little time not to have to read it
23 again, okay.
24 MR. MELCHER: This is something I
25 think -- I am not sure. Do you already have this
t
63
1 document? I don't think so.
2 THE CHAIRMAN: No, I do not.
3 MR. MELCHER: This is a document dated
4 April 24, 1996. It is a letter from Joseph F. Asmuth.
5 He is a professional surveyor, and you can see he's
6 stamped this at the bottom with his seal. And what we
7 did was we asked him to please certify the heights of a
8 number of signs, and as you can see, I will briefly
9 outline them for you.
10 Sign number 1, located in the City of
11 Wheat Ridge at 12505 West 44th Avenue, is certified as
12 53.5 feet. And this actually, coincidentally, is the
13 same height that the C&E Communications sign was
14 originally at, but now we are obviously down to 41
15 feet. This sign, as you can see, there is no factory
16 next to it, there is no visible obstruction, there is
17 nothing blocking it, but it is at 53.5 feet. I am not
18 quite sure why that is so high, but it is.
19 Number 2 is the US Outdoor sign, and
20 this is at 12351 West 44th Avenue, and this is a height
21 of 50.4 feet. I will speak more about this in a
22 minute.
23 Number 3 is a sign at 8105 West 48th
24 Avenue, and that height is at 35.2 feet.
25 Number 4 right here is 4901 Marshal
64
1 Street, a height of 50.2 feet again, and this picture
2 overe here is the back side of number 4.
3 And Number 5, we don't have a picture of
4 that sign, but that sign is in Wheat Ridge, and that's
5 37.5 feet.
6 And I mentioned this simply because in
7 appropriate situations, there are signs over 32 feet
8 high. To my knowledge, some of these signs have never
9 been the subject of any variance; they have never been
10 the subject of any enforcement efforts by the City. I
it am not quite sure of that, but one of them actually
12 was, at least one of them, and this is, I think, an
13 example that we just bring to the Board's attention,
14 and that sign is the US Outdoor sign which is, I
15 believe -- I am.-sorry, what sign is it? Number 2.
16 This is 12351 West 44th Avenue.
17 Now, this sign -- here is another
18 picture of it, a couple of pictures. It is along
19 I-76. As you can see, it is above a public storag e
20 facility, but it looks to be a good 20 feet, maybe 30
21 feet above the roof. The sign is next to I-76. There
22 is also some construction here where they have piled up
23 dirt and built railroad ties a good l0 feet above the
24 ground level. I think they were trying to maybe pull a
25 fast one there, because I think they were arguing that
t
1
65
1 was the ground up there, 10 feet above the ground. At
2 any rate, there is a sign that is subject to a Board of
3 Adjustment proceeding.
4 And I will refer you to Exhibit Number 5
5 which is the actual application for this sign to the
6 City of Wheat Ridge in 1992, and this is signed by John
7 Eckart, the chief building inspector. And if you flip
8 to the third page, it is a drawing of the sign
9 submitted by US Outdoor which shows that they intend to
10 build the sign 50 feet high, and this was approved by
11 John Eckart, I think. At least that is what it appears
12 to be. And there is a number of other drawings and
13 surveys showing the exact location.
14 So they got a permit apparently for 50
15 feet, or intended to build it 50 feet, at any rate, all
16 along. They built it, actually, originally at 60 feet,
i7 and I think they then were notified by the City it was
18 too high. They went in for a variance application
19 which I think we would enter into the record that case
20 file. I don't have that case file handy. Let me see
21 i£ 1 can find that. I think that is Case WA-82-8. But
22 at any rate, it was the case that was heard by this
23 Board on November 17 -- I am sorry, not '82. I don't
24 know the earlier proceeding. It was in '92, but I
25 would enter that case file into the record. I know the
66
1 Board decided that matter on November 17, 1992. I was
2 unable to find the case number, actually.
3 But the Board denied the variance
4 because it was at 60 feet, and they came back a number
5 of months later after the variance was denied, and they
6 came in and asked the Board for a variance to 41 feet,
7 and the Board heard testimony about different buildings
8 around the billboard and the location close to the
9 highway, and they decided to grant the variance at 41
l0 feet despite staff objections.
11 And in that situation the staff objected
12 to it, I think for a lot of the reasons they have
13 here. If you let them do it, everyone will do it, or
14 maybe there is no reason for it, I am not sure, but
15 they objected to that. And the billboard company came
16 in and represented to this Board of Adjustment that
17 they had voluntarily lowered it, they got approval from
i8 the neighbors, and that variance was granted.
19 And we think that is an example where
20 the Board has actually made a good judgment despite, I
21 guess, some sort of inconsistencies with this sign, but
22 that the Board had the intent to allow the sign at 41
23 feet. And that is what we would suggest is a
24 precedent; the Board can grant a variance here for
25 us -- for C&E Communications as well.
67
1 I would like to briefly run through the
2 criteria, as Mr. Gidley has done, and I will refer to
3 the staff report. As to the first criteria, can the
4 property in question yield a reasonable return in use,
5 if permitted only under the conditions allowed by
6 regulations. Well, I think as we have seen before, if
7 the billboard -- I am sorry, excuse me. This was not
8 as sturdy as I thought.
9 I think the billboard, actually, if it
10 is lowered to 32 feet, will harm the neighbors and will
11 also harm the billboard company because it will be
12 difficult for this billboard company to make a
i3 reasonable return on income. This is a small
14 business. They only have a few signs in this city, and
15 this is something that they are trying to operate as a
16 small business.- So I would argue that, number one,
17 they cannot seek a reasonable return unless the
18 variance is granted at 41 feet.
19 Number two, is the plight of the owner
20 due to unique circumstances. We would suggest, yes, it
21 is, because the only place that this billboard can be
22 located is on the far western edge of the property. It
23 is _right next to the Volant factory. The Volant
24 factory is at a certain height, and if the billboard is
25 forced to be lowered, I believe that that will hurt
68
' 1 both Volant as well as the billboard and the Dearing
2 property.
it
g If the variation were granted, would
4 alter the essential character or locality. No, it
5 would not. And I would enter into the record now the
6 following exhibits: Exhibits 12, 13, and 14, and Case
7 Numbers 96-13, -14, -15, -17, -16, -18, and -19. You
8 heard mentioned a couple of other billboard companies
9 have submitted applications for variances along this
10 road. Well, I would submit that these are sham
th
t
l
11 a
ong
applications. There is four billboards a
12 road; they are all grandfathered billboards. If they
13 came in and tried to replace those billboards, the
14 Colorado Department of Transportation would not
t 15 authorize their permits. They would not be allowed to
16 get permits because they no longer comply with the
' 17 state code.
18 So, clearly what they are in here for is
' t if
19 to frighten the Board and suggest to the Board tha
20 you open this up, you will have a number of other
21 variances. They can't come in and make variance
ti
i
22 ons.
ca
appl
' 23 MR. DAHL: Mr. Chairman, I have a
24 question of procedure here. The offered exhibits,
' 25 these new files, have not yet been heard by this Board,
1
69
1
2
? yet they are being entered. They haven't been
published. They haven't been posted. They may well
be, and they will be if they move forward, subject to
~
4 licants in those cases
quasi-judicial review. The app
5 have, I think, the absolute right and expectation that
6
7 their case will be heard on the merits by this Board at
the time it is published and posted, and I believe it
8 is inappropriate for those files, not only for Mr.
g
10
11
12
- due process
Melcher's case, but for the rights of -
licants -- it is inappropriate
rights of those other app
and unacceptable for those files to be introduced into
the record of this case. Those are files in cases that
13 haven't yet been heard by this Board, and shouldn't be
' 14 heard by this Board in any way, including the
' 15
16 submission of exhibits into this case.
MR. MELCHER: I would agree with Mr.
17 Dahl 100 percent. It was really unacceptable and
18
lg inexcusable for that to be raised, and that's why I
object to Mr. Gidley raising it in his staff report.
I 20
21 In question number 3 and number 5, he says clearly, to
signal to this Board, that staff has been approached by
22 two other billboard companies who own several
23 billboards with stated intention to file for height
24 variances for the billboards if the variance is
' 25 approved. That is in number 3. Number 5, it says
~o
1 again, as indicated, other billboard owners along this
2 stretch of highway have expressed a desire for similar
3 treatment. I would never have mentioned --
4 MR. DAHL: And those billboard owners --
5 MR. MELCHER: Mr. Dahl, let me finish.
6 I am not done.
~ MR. DAHL: Those billboards are --
8 MR. MELCHER: I let you finish.
9 MR. DAHL: What Mr. Melcher is
1o suggesting is that they be named in this proceeding.
11 MR. MELCHER: Mr. Chairman, I am not
12 suggesting anything.
13 THE CHAIRMAN: We do not want to set a
14 precedent, and that is basically what he said, and if
15 we start naming names, why, then, we are getting into
16 another, I think, facet of the case. I think we should
17 say we don't want to set a precedent, and there is that
18 danger, as you well state. It is upcoming, so I would
19 like to note we do not accept those names at this time.
20 MR. DAHL: I would perfectly --
21 MR. MELCHER: Mr. Chairman, may I
22 respond? I will withdraw the request to enter those
23 case files into the record. I would simply ask that
24 the Board ignore Mr. Gidley's raising this issue and
25 putting it in front of you. I did not raise this. Mr.
71
1 Gidley raised it, and I am forced to respond. I am
2 trying to tell you that this is inappropriate, and it
3 is frankly an effort by other businesses to,harm us.
MR. DAHL: Well, Mr. Chairman, it seems
4
5 like we are even. Mr. Gidley has mentioned unnamed
6 people who may make applications. Mr. Melcher has
7 mentioned a number of cases by number, but has agreed
8 not to introduce them into the record, but he has
g gotten the benefit, of course, of the countervailing
10 argument that there are these other cases out there.
11 If we need to be even, I think that we are, and I would
12 suggest that we leave it at that and not introduce
13 names and other cases that haven't yet been filed as
14 evidence in this case.
15 MR. MELCHER: Well, I am going to have
16 to object. I will not enter them into the record, but
17 I state an objection that it should never have been put
18 on the record. I was forced to respond. I wished I
1g hadn't had to.
20 THE CHAIRMAN: Respond to that, then,
21 that sounds fine.
MR. MELCHER: Okay. I think I will just
22
23 skip to condition number 7 and 8, has the alleged
24 difficulty or hardship been created by any person
25 presently having an interest in the property. We would
~z
1 argue that this hardship or the alleged difficulty is
2 because of the location of the factory next door and
3 the other signs. We-would like to suggest that there
4 would be no hardship if the variance was granted.
5 In regard to number 8 and number 9, I
6 believe Mr. Gidley has withdrawn his statements about
7 the safety of the sign, and we will trust that that is
8 now the staff report, there is no safety issue, there
9 is no detriment to the public welfare, and there is no
10 impairment of the adequate supply of light and air.
it With that, I think with all due respect,
12 I believe the Board has ample evidence here that they
13 can decide that in these unique circumstances there is
14 good reason for this variance, the other property
15 owners along the road support this variance, and I
16 would ask you to grant it. Thank you, Mr. Chairman.
17 THE CHAIRMAN: Does anyone here have
18 further questions?
19 MR. ECHELMEYER: Yeah. When was the
20 sign lowered?
21 MR. MELCHER: I believe it was lowered
22 this past weekend, on Saturday and Sunday.
2S MR. ECHELMEYER: What is the exact
24 date?
25 MR. MELCHER: I believe -- I can't state
73
1 with a hundred percent certainty, but I am almost
2 certain it was Saturday, which would have been May --
3 MR. GIDLEY: There is the calendar.
4 MR. ECHELMEYER: The 18th. So you wait
5 until the 23rd to prepare letters to Mr. Gidley and
6 everybody else concerning the lowering of. the sign.
7 What do you mean when you say we represent the Medved
8 Autoplex with regard to the above matter? Have you
9 been retained by Medplex?
10 MR. MELCHER: I think there might have
11 been some confusion. That letter is from Mr. Medved's
12 attorney. That is Holley, Albertson & Polk. That was
13 Mr. Dennis Polk who was here at the last hearing- He
14 represents Mr. Medved and he wrote that letter. He
15 wrote that letter to Mr. Gidley, and Volant wrote their
16 own letter to Mr. Gidley. I had nothing to do with
17 this letter being prepared.
18 As late as it was, we have been trying
19 to work this out for the last three weeks. And I tell
2D you honestly we have made efforts, the day after the
21 last hearing, to contact Mr. Polk and the other
22 property owners, and it has taken this long to get
23 something worked out.
MR. ECHELMEYER: In reality, you struck
24
25 a deal with two firms up the street. You did not
74
1 consult Mr. Gidley, apparently, or anyone else in the
2 city administration to tell them what height your other
3 two compatriots agreed to. How can you possibly
4 justify that kind of action?
5 MR. MELCHER: With all due respect
6 there, I would have to say Mr. Medved and Mr. Volant or
7 Mr. Kashiwa would be upset to think that they are my
8 compatriots. They are independent businessmen who have
9 had long established ties in this community. They
10 employ a number of individuals, they pay property
11 taxes, they have their own business. I don't have any
12 control over them.
13 MR. ECHELMEYER: But you agreed to a
14 41-foot because they agreed to a 41-foot, and you
15 didn't come back to the City and say would you agree to
16 the 4i-foot.
17 MR. MELCHER: Well, we informed Mr.
18 Gidley that what we were trying to do was work out a
19 solution for all the property owners on that road. ~Mr.
20 Gidley said that he had, I believe, no authority to
21 suggest any height other than 32 feet, which is in the
22 Code. He had no authority to suggest anything other
23 than, well, you do what you think best, and that's what
24 we did. We consulted with everyone who had an interest
25 that we could talk to, and we did the best that we
75
1 could.
2 THE CHAIRMAN: Tom.
3 MR. ABBOTT: Let me ask, on the benefit
4 side of this, which I think is something we have to
5 look at, what is the benefit -- and clearly there is a
6 benefit to the lessee and the owner of the sign,
7 possibly the neighboring businesses, but what is the
8 benefit to the people that in general the sign code was
9 written for, which would be the citizens? I mean, I
10 can give you the arguments about the lessor, the owner
11 o_f the sign, the immediate business owners, but the
12 sign code basically was written because citizens all
13 over the country wanted to control advertising --
14 outdoor advertising. So what is the benefit of the
15 over-height sign to those people in general?
16 MR. MELCHER: Well, I guess there is two
17 answers or two parts to an answer I would give you, and
18 the first is that the City of Wheat Ridge prefers that
19 these signs be located along I-70, along that
20 corridor. If there are going to be signs, let's move
21 them closer to an industrial area and a highway. That
22 is where this sign is now located. So L think that
23 there is very little injury or harm to the City of
24 Wheat Ridge or the residents out in the outlying areas
25 of Wheat Ridge. They are, I am sure, very glad that
1
76
1 those two old signs were taken out of B-1 and these new
2 signs were moved up to B-2 where the City wanted them.
3 The second answer is that with the
4 over-height, Medved Autoplex, Volant Ski Factory, High
5 Country Auto Body, and this billboard sign company all
6 benefit, and these businesses, when they benefit, will
7 realize increased sales, will be able to employ more
8 people, will be able to pay higher taxes, will be able
9 to provide better benefits to the City in which they
10 live, and they all now are corporate citizens or they
11 have been corporate citizens of Wheat Ridge. They live
12 here, and they try to improve the economy of Wheat
13 Ridge. They will improve the economy of Wheat Ridge.
14 If it is lowered down to 32 feet, all-it will do is
15 harm all these businesses along the road for no real --
16 I submit no real important reason that isn't already
17 satisfied by moving this billboard out to I-70. When
18 it left B-1 and moved to B-2 and moved to I-70, the
19 citizens of Wheat Ridge benefited greatly, and that ~is
20 why they had that policy. That is why they have B-1
21 and B-2. Now that it is there where the City wants it,
22 it would really be a needless harm to move it down to
23 32 feet.
24 And as I say, I only submit other
25 examples of over-height signs, because in the City of
~~
1 Wheat Ridge there are unique situations where an
2 over-height sign is a good thing for the City and its
3 citizens.
4 MR. ABBOTT: Thanks, I appreciate it.
THE CHAIRMAN: May I ask a quick
5
~ Someone
6 question? Is Dennis Polk here this evening.
7 signed his name on the speaker's list here.
8 MR. MELCHER: Mr. Chaffee and Mr. Polk,
9 I told them I was going to sign their name, and so if
10 they were able to make it, they would be listed there
11 so you could call them, but they are not here tonight.
12 THE CHAIRMAN: So that was by you?
13 MR. MELCHER: That was by myself, yes:
14 If you would like to cross those off, you can cross
15 them off. They are obviously not here.
16 THE CHAIRMAN: I will just put your
17 initials behind it.
MR. GIDLEY: Mr. Walker, I guess I would
18
lg like to enter on the record the fact that Mr. Chaffee
20 did call me at approximately 5:00 p.m. and indicated
21 that he was faxing the letter that you did receive, and
22 that he on behalf of Volant was representing that they
23 were in favor of the variances, and that they had
24 withdrawn their opposition and were in favor of both
25 variances, and he indicated to me, I forgot to tell
~s
1 you, that he was not able to make it this evening.
2 MR. MELCHER: I can supplement that if
3 you like. I asked Mr. Chaffee and Mr. Polk both that I
4 thought the Board would like to hear them. Mr. Polk
5 asked if he could stop by after his son's baseball
6 game, and he probably couldn't make it, but he would
~ try. Mr. Chaffee, I think Mr. Gidley knows, his
g daughter is in a coma and she is very ill, and he said
9 he will try, but if he is not able to come, if he has
10 to stay home with his daughter, he will stay home. And
it I said, certainly, of course, that is more important.
12 We have got the letter.
13 THE CHAIRMAN: Maybe somebody could
14 report the hockey game score too. Any further
15 questions?
16 MR. MELCHER: I would ask, Mr. Chairman,
17 if there are no further questions.
18 THE CHAIRMAN: One more question.
19 MR. MELCHER: Oh, I am sorry.
20 THE CHAIRMAN: He was having trouble
21 with his switch there.
22 MR. SANG: When was the original permit
23 first taken out?
MR. MELCHER: The original permit?
24
25 MR. SANG: Uh-huh. What date?
79
1 MR. MELCHER: I am sorry, I don't have
2 that answer. I know the original permit was revoked on
3 September 13th.
4 MR. SANG: But when was the first permit
5 applied for?
6 MR. MELCHER: Maybe Mr. Gidley would
7 know that. It was before I was involved, and I
•8 apologize, I just don't know that.
9 MR. GIDLEY: I need the file.
10 MS. CHAPLA: Right here.
11 MR. GIDLEY: February 1st of 1995.
12 MR. MELCHER: So over a year ago. We
13 have been working with the City for over a year trying
14 to get this worked out.
15 MR. SANG: Question for Glen. Glen, if
16 that was taken out February the 1st, and we revoked it
17 on September the 9th, it was already well past the 120
18 days that that permit was good for, wasn't it?
19 MR. GIDLEY: Yes, sir. That was one of
20 the reasons that we cited for revoking it was that it
21 had been past the 120 days.
22 MR. SANG: Uh-huh.
23 MR. GIDLEY: One of the reasons. There
24 was several, but that was one of them.
25 MR. SANG: Another question. The signs
80
1 we were shown that were not in compliance, the
2 50-footers, are those signs in noncompliance?
3 MR. GIDLEY: The signs that the
4 Applicants -- Mr. Melcher signed here or had pictures
5 of?
6 MR. SANG: Uh-huh.
MR. GIDLEY: To my knowledge, at least
7
g three of those billboards do have variances. I am not
9 sure about the other two, to be honest with you. They
1o predate my employment here, or at least my memory
11 here. I would like to, if I could, clearly point out
12 something relative to those five signs, if that would
13 be all right with you.
MR. SANG: Yeah, sure.
14
15 THE CHAIRMAN: Please.
16 MR. SANG: Also, some of those could be
17 grandfathered in under an old signing code.
MR. GIDLEY: It's quite possible that
18
19 they predated our 1976 sign code. As a matter of fact,
20 most of them or many of them probably did.
MR. MELCHER: Actually, I believe, to
21
22 interrupt, I think all four of those, to the best of my
23 knowledge, were erected well after 1976, so none of
24 them are grandfathered in prior. I spent some time
25 looking through the City of Wheat Ridge files trying to
81
1 find those, and the best I could figure out, I think
2 all four of these were after 1976.
S MR. GIDLEY: I won't argue because I.
4 don't know any better, and I am not sure he knows any
5 better, okay. One of the points here I would like to
6 point out here is that in the five pictures here, it is
7 maybe difficult for you to tell, but the elevation of
8 the interstate is different than the elevation of the
9 base of all of these billboards. There is a definite
10 elevation difference, and at least three of these where
11 there were variances, that was one of the unique
12 circumstances that was cited relative to those
13 locations.
14 Each location is different. Each
15 location is evaluated based upon its own conditions.
16 This particular condition relative to this billboard,
17 as you can see by their own photo, it's flat. There is
18 the interstate. Here is the ground level. So relative
19 to the uniqueness of topography, I think it is
20 important for you to understand that this topography as
21 it relates to the Dearing site, the High Country Auto
22 Body, is different than the topography as it relates to
23 these five billboards.
24 MR. MELCHER: .Briefly, I am looking at
25 the staff --
s2
1 MR. SANG: Thank you, Glen.
2 MR. MELCHER: 2 am looking at the staff
3 report for this one here, and I think in 1993; three-
4 years ago, the staff reports -- an individual who is no
5 longer there, Greg Moberg, recommends denial and
6 states, as much as Mr. Gidley has said here tonight
7 that it is the plight of the owner's unique
8 circumstances, he says, no, it is not due to unique
9 circumstances. Are there any particular physical
10 surroundings? The only one they mention is that there
11 is a tree, and you can see it here. There is a tree
12 located in front of it, but that should not be
13 considered a hardship, because in the staff's opinion'
14 they should have known the tree would obstruct it, and
15 on and on.
16 I mean, there is no mention of any
17 topography or any unusual circumstances. I think this
18 was a correct decision, let me be clear. I think there
19 were good reasons why that should be over-height, and I
20 think a number of these there was good reason they
21 should be over-height. They are near highways. They
22 are not in residential neighborhoods. And there is
23 good reason for that. All I am saying here is that the
24 C&E Communication sign, there is also good reasons why
25 it should be over-height.
83
1 MR. ABBOTT: Mr. Chairman, can I ask
2 Glen something?
3 THE CHAIRMAN: -Sure thing.
4 MR. ABBOTT: Glen, there is no question
5 in my mind that the other ones have to come with
6 visibility down the highway, and I am really orbiting
7 around a totally different argument, in my mind, with
8 this sign, and that has to do with the visual
9 impairment, one business sign versus another business
l0 sign. In other words, when you look at this, clearly
11 the Volant sign tends to blend into the billboard,
12 although without looking at it in 3-D, it tends to
13 flatten out in a photograph. It may not be quite that
14 dramatic in real life. But you're saying that your
15 argument to that is there is just a competition for
16 signage, visibility, and if one sign blocks another
17 business's sign, that is just kind of the way it is
18 because they are all in theory restricted to a height
19 limit?
MR. GIDLEY: Generally, yes. Generally
20
21 that is a generally accepted principle in sign
22 regulation. In this particular instance -- if I could
23 walk back over to the slide -- I am not convinced that
24 competition exists, to the extent that the Applicant
25 would like you to believe, at least. Here is the --
84
1 this is the lowered sign. There is the High Country
2 Auto Body. You can clearly see it is much further out
3 towards the street than the billboard. _You will see
4 the Volant sign behind it, much further out towards the
5 street than the billboard here, okay. This is coming
6 back the other direction. You can clearly see that the
7 billboard is much further back than the Volant sign.
8 If anything, the Volant sign would be blocking their
9 sign rather than vice versa. If anything is blocking
10 anything, it would be the Volant sign blocking their
it sign.
12 MR. ABBOTT: It is kind of a question of
13 angles. One angle -- one sign is favored from another
14 angle, and the other sign is favored.
15 MR. GIDLEY: Well, you would have to get
16 behind this sign to block the Volant sign. You would
17 have to be coming from Miller to the north. Any angle,
18 whether you're on I-70 or on the Frontage Road, if
19 you're coming straight down the Frontage Road, any
20 angle would not be blocking the Volant sign or the auto
21 body sign. It is just physically impossible. I was
22 out there just before this meeting happened, and I can
23 clearly tell you it's physically impossible for that
24 billboard to block the visibility of the Volant sign
25 unless you are further to the north.
85
1 MR. ABBOTT: At the 32-foot level?
2 MR. GIDLEY: If it was even on the
3 ground.
4 MR. MELCHER: Can I respond to that
5 briefly, because I think when Mr. Gidley was flipping
6 through here, you can see -- Mr. Chairman, did you want
7 to see that again? I am sorry. There is -- as you can
8 see here, it depends on what angle you're at. Now,
9 right there, you can see if the sign goes lower that
10 Volant and that sign will compete. Right now they are
11 competing with each other. How can Mr. Gidley say they
12 are not blocking each other.
Now, I want to be clear. If you are
13
14 comin - if you are going west -- when you are going
g -
15 west, the sign will block the Volant factory. It won't
16 block the Volant sign, I don't believe, so maybe he is
17 correct in that respect. I never said it would block
lg it going that way. To block the Volant factory, it
19 would block all of these emblems and all of these logos
20 on the factory that Volant spent a lot of money putting
21 up there. And the truth -- the proof is in the
22 pudding. Mr. Kashiwa, the owner of Volant, says it
23 will hurt him. It will hurt his factory going this
24 way.
25 Now, with regard to the other direction,
86
1 it is absurd to say it is not going to block it. What
2 happens is -- we can supplement the record -- I would
- is that when, you have
3 ask to supplement the record -
4 two signs conflicting with each other, they wash, and a
5 person who sees a sign gets confused. They only glance
g at it for a second or two seconds, and they see some
7 sort of muddle, and neither sign gets either benefit.
g Both signs get washed out, as you can see right there.
g The Volant sign is darker. It is red as
10 well, and there is yellow on the background. If the
11 billboard with the yellow copy is blocked by the Volant
12 sign, both lose. It is a lose-lose situation. And
13 that's why Mr. Volant -- or I am sorry, Mr. Kashiwa o£
14 the Volant Ski Factory are very much in favor of this
15 variance because everyone loses if we force this sign
16 any lower. You lose from this direction, and you lose
17 from this direction, both.
18 And I think Mr. Gidley's pictures, a lot
ig of them, when he was pointing out that there was no
20 blockage -- let me see if I can find it. Well, if you
21 are standing in the auto body parking lot, yes, there
22 is no blockage, but that is not where the customers
23 are. The customers are on I-70 driving by at 55 miles
24 an hour. They are not standing in the parking lot, so
25 the blockage occurs on the highway.
1
s~
1 THE CHAIRMAN: There is the difference,
2 though. These are all still pictures --
3 MR. MELCHER: Yes,-sir. -
4 THE CHAIRMAN: -- and with a bit of
5 skill, you can pick -- they are going to block each
6 other. This is a passing montage you are seeing as you
7 are traveling down the highway at 55 miles an hour. It
8 isn't blocked. If you can get a view of it for any
9 moment, you have accomplished your purpose for getting
10 advertising out.
11 MR. MELCHER: Well, actually, no, I must
12 actually respond to that, Mr. Chairman. I am not an
13 expert on this, but I can -- and I will ask permission
14 to supplement the record because there is now an
15 issue. The advertising industry does studies of these
16 things, and a highway sign has to be read for two to
17 three seconds at highway speeds for there to be any
18 recognition of what's on the sign.
19 If, as you say, you're coming from
20 outside of Denver traveling east on I-70, the Volant
21 _sign will start over here and will travel across that
22 sign for a great portion of-the visibility, and that's
23 what the problem is, because at any time the people
24 look at that, all they see is, as you said, a montage,
25 a muddle. They don't read either sign.
88
1 And this is why Mr. Kashiwa is so
2 concerned about this. This is why C&E Communications
'3 is so concerned about it. -'And I would like. .t o,
4 supplement the record, studies have been done by the
5 advertising industry to talk about that. You can maybe
6 get a quick view for, you know, a 10th of a second, but
7 then you start to get the mix and the wash, and both
8 signs are harmed.
9 And I understand we can take a picture.
10 I can stand on I-70 and every 10 feet take another
11 picture, and I could show you how that phenomenon
12 occurs, and you could certainly point to one picture or
13 another picture where there is-no blockage, but the
14 majority of the viewing time there is blockage.
15 THE CHAIRMAN: Well, it would seem that
16 if we all know that the overall limit is supposed to be
17 32 feet, and I pick a spot behind another 32-foot sign,
18 it looks like I have done a bad selection of a sign
19 location, because there is a new sign on the block.
20 MR. MELCHER: They hoped they could, I
21 guess, work out a solution.
22 THE CHAIRMAN: But as I say, you have
23 violated the City's code in so doing.
24 MR. MELCHER: Well, I understand, but
25 then I am not quite sure that same argument doesn't
89
1 apply to every one of these signs where you have --
2 obviously, if this sign was at 32 feet, it would be
3 -down below the highway. This one would be down-behind
4 the building. This one would be down behind the tree
5 behind the building. This one would be down behind
6 the --
~ THE CHAIRMAN: You have given us a nice
8 list of things to go look at.
9 MR. MELCHER: These have already had
10 variances granted, though, a number of these, and this
11 one specifically three years ago had a variance
12 granted, and I submit that this is a valid purpose for
13 the City of Wheat Ridge. This is a good business
14 purpose for the City of Wheat Ridge.
15 THE CHAIRMAN: All right. Any other
16 questions for Mr. Melcher?
17 MR. MELCHER: I would ask, Mr. Chairman,
18 if there are no more questions, that Mr. Chester
19 Trubucco who is an investor and a director of C&E
20 Communications, be allowed to briefly address the
21 Board.
22 THE CHAIRMAN: I was going to ask for
23 his name next here.
24 MR. MELCHER: Thank you.
25 MR. ECHELMEYER: Bob, can I --
90
1 THE CHAIRMAN: Excuse me, Bill.
2 MR. ECHELMEYER: I would like to make
3. one statement. The surveyor's report indicates that
4 the survey was established from arbitrary points. It
5 didn't say on the highway, so the surveyor actually
6 could have used any number of points in which he made
7 his angle measurements to determine the true heights of
8 these signs.
9 MR. MELCHER: I am sorry. That is a
10 term of art, and the reason that he says arbitrary
it points is because there is no identified spot on the
12 highway or the ground that says you should stand here
13 to measure a billboard sign. This is the exact same
14 method that the City of Wheat Ridge uses when they
15 measured our sign at 53.5 feet. You pick a spot, and
16 it_~doesn't matter which spot you pick. You pick a
17 spot, you do your calculations, you measure from that
18 spot to the base of-the sign, and you do whatever the
19 engineering calculations are to come out with the
20 estimated survey height. So the word "arbitrary" is a
21 term of art. It does not mean that it is any less
22 certain than any other survey method, and it is the
23 exact same method the City uses when they told us our
24 sign was too high.
25 MR. ECHELMEYER: I see.
91
1 CHESTER TRUBUCCO,
2 having been first duly sworn, examined as follows:
3 MR. TRUBUCCO: Well, I think we could
4 have probably instructed the attorney Polk, instead of
5 coming after his baseball game or son's baseball game,
6 he could have come after the Letterman show and I think
7 he could have been just as fine.
8 The reason I came tonight and wanted to
9 come tonight is I, for the record, was an outside
10 pseudo-passive investor with C&E Communications in
i1 1994. I am actually the sole investor in C&E
12 Communications. I had a corporate job up until about a
13 month ago requiring me to travel a great deal and work
14 hours similar to those that you're working tonight.
15 From an integrity standpoint,_clearly
16 this is new grounds for me. I come from a small town
17 myself, a town of 10,000, in Astoria, Oregon. I am
18 involved in a community project there renovating the
19 old Bumble Bee Foods world headquarter building which
20 was dilapidated and falling into the river. I have
21 been through what I guess would be the equivalent of a
22 board of adjustment before asking for all sorts of
23 things, but always asking first for permission instead
24 of forgiveness. It wretches me to be here asking for
25 forgiveness.
92
I don't think anyone is arguing the fact
1
2 that we applied for a permit suggesting 32 feet. I
3 think that's pretty clear. I am hearing most of this
4 myself for the first time in the last 30 days. I was a
5 vice president and regional manager for MFS
6 Communications, and they wouldn't let me come to Denver
7 as often as I clearly needed to come and address some
8 of these things-
I could probably run for mayor and win
9
10 in Astoria, Oregon, and I challenge or invite any of
11 you to call the mayor of Astoria, Oregon, to ask what
12 my reputation is there. It is always asking first. It
13 is working with property owners. We have got a very
14 large piece of property there and it affects everyone.
And this is not the way that I would
15
16 prefer to address the group. The way I would prefer to
17 address the group is to use all of the same arguments
1g that I think Chris Melcher has very artfully presented
19 in a forum of asking permission. And I suspect the
20 tenor would be quite a bit different, and I think that
21 is probably one of the major factors before you today
22 when you make your decision.
23 I do believe that it would harm us. I
24 don't want to say irreparably. We would certainly
25 receive some revenue from the sign. If it were down to
93
1 32 feet -- we haven't even talked about it yet, but it
2 essentially would be the thing that Mr. Kashiwa would
3 have to look to from his corner office. He would be
4 looking almost directly into the sign.
I feel very strongly that when I came
5
6 out here one month ago after leaving what I called
7 corporate America, that the best thing to do was to
g move toward compliance, not to continue to fight, and
g that was the direction that I gave our attorney, Mr.
10 Melcher, was indeed to do that. We have brought it
11 down 41 feet, as Chris has brought up before, because
12 it seemed to make the most sense.
We did talk to Mr. Gidley. From my
13
14 understanding, I never met with Mr. Gidley. That was
15 clearly again not my modus operandi, since I met most
16 everybody before anything like this happened, to ensure
17 that it was a positive move on our part, not a negative
1g move to move it. We certainly didn't want to raise
19 more red flags by lowering it. We wanted to act in the
20 spirit of fair play and the spirit of compliance to do
21 so.
22 I submit that it somewhat blends in with
23 the rest of the community now rather nicely. I think
24 again if we were here asking for permission instead of
25 forgiveness, we would be looking at it a little bit
94
1 differently.
2 I also want to let you know, as a final
3 word, that I have taken over the business operations of
4 C&E Communications. As its full investor, I am more
5 than entitled to do so, and I will be certainly
6 reviewing all future permits, all engineering reports,
7 et cetera, et cetera, et cetera, for purposes of making
8 sure that we are in full compliance going forward. We
9 want to be a good community neighbor which is why I
10 have been personally involved in the discussions with
11 the property owners to see if there was a way to work
12 things out.
13 I represent myself now as a small
14 business owner, and this is very small, one of two
15 signs that we have, that we have run. We don't want to
16 be characterized, please, as the big bad sign company
17 from Oregon breaking all the rules. Clearly Mr.
18 Carlyle took some liberties, I think for the right
19 reasons, but he didn't go about it the right way. _The
20 right reasons were it made sense for the sign, it made
21 sense for the property owners, and it doesn't cause the
22 confusion that was talked about earlier. The approach
23 and process, dead wrong, and I stand here in remorse
24 telling you that.- It will not happen again. I think
25 Mr. Gidley has already covered that by suggesting that
95
1 there will be no more signs built in that zone anyway,
2 so I don't think you have to worry about us doing
3 anything.
4 With that, I would like to thank you
5 very much for your time, since it is five after 11:00
6 tonight. And if there is anything I can do in the
~ future with either Mr. Gidley or the City Attorney or
g any of you to be in compliance, we would certainly be
9 happy to do that. We do believe, however, very, very
10 strongly that the right action is leaving it at the
11 41-foot level.
THE CHAIRMAN: Any questions.
12
13 MR. HOVLAND: I have got kind of a
14 question, kind of a comment. I appreciate your
15 comments on the, well, forgiveness aspect. How you
16 approached this thing all wrong, and I agree with you
17 the thing has been approached wrong from the
18 beginning. And one more thing we have seen tonight
19 that kind of follows that same approach, that we hit it
2p off wrong, we would like to see what this looks like.
21 There was a change made over the weekend to lower the
22 sign height, too late for any of us to know. We got
2g our packets. We didn't know anything had changed. We
24 could have been out there and driven by it. We could
25 have made our own decision whether this really is
96
1 better at 41 feet, but it came too late. And once
2 again, it is this whole procedure of trying to pull the
3 rug out from underneath the City, and it doesn't help
4 one bit.
5 MR. TRUBUCCO: If I can respond to that,
6 please. I have been involved for the last 30 days, and
7 I have been trying to do everything possible -- again,
8 I don't understand the protocol in terms of how the
9 proceedings work here. I have not until the last 30
10 days been involved in, you know, trying to even piece
li together what the right thing to do is. I assumed,
12 perhaps erroneously, by moving it to 41 feet it would
13 certainly be the spirit of moving in the right -
14 direction. We couldn't get the contractors to come out
15 here from Phoenix, actually, not Texas, but from
16 Phoenix until this point in time, otherwise you
17 actually would have had ample time to look at them.
18 That was certainly our intent to get it lowered as
19 quickly as possible. We just couldn't get the people
20 out here.
21 _ I_mean, the second I heard it was at 52
22 feet, it was a very -- it had been a very long 30 days
23 for me, I will tell you that. It has been a very long
24 day back to September 2nd with the whole scenario, and
25 I was unable to address that personally until the last
97
1 30 days, and now I plan to be very actively involved in
2 the solution, if possible.
3 And we thought we .were going about it,`
4 at least the two weeks, the right way by talking to
5 property owners, seeing if there was any middle ground,
6 if we could work things out. And clearly by lowering
7 it, you didn't have an opportunity, if it was moved
8 last Saturday, obviously, to see it. If we didn't
9 bring it to your attention, that was an oversight, if
10 anything, on our part, but that is why we brought all
11 the pictures with the computer representations to show
12 what it would be looking like lower, because we
13 certainly don't want you to ever have a chance to look
14 at it lower.
15 There was nothing at this point in time
16 going forward, I can tell you -- I can't speak for what
17 intent was prior to my getting involved. I can tell
18 you the last 30 days the intent is to work out
19 something in a much more amenable fashion.
2p THE CHAIRMAN: Glen.
21 MR. GIDLEY: Mr. Chairman, I believe
22 that Mr. Dahl has a few things he would like to comment
23 on relative to the follow-up.
24 MR. TRUBUCCO: Does this require me?
25 THE CHAIRMAN: Are we finished with our
98
1 speaker, then?
2 MR. DAHL: Do we have other witnesses?
3 MR. MELCHER: I just would like to
4 reserve five minutes to respond after Mr. Dahl is done,
5 that is all, and I have a few exhibits I would like to
6 put in the record.
7 THE CHAIRMAN: Mr. Dahl, go ahead. Do
8 you want these signs out of your way or these pictures.
9 MR. TRUBUCCO: Let me move them. In
10 fact, this thing fell down earlier.
11 MR. DAHL: Members of the Board, I
12 appreciate your willingness to stay here this late. It
13 is tough to be the next-to-last guy, and as the evening
14 goes by, you take your stuff and you shorten it down
15 considerably.
16 ~ I have given you a stack of exhibits.
17 You have, I believe, almost all, if not all of them,
18 already somewhere in the record. And I am not going to
19 go through them. I am not going to page through them.
20 I am not going to read anything into the record. I am
21 going to tell you a few things about them, but I am
22 just going to stick with the cover sheet because that's
23 all I need to do.
24 Before I get to those, though, I did
25 want to address a couple more points, I believe
99
1 important points -- I have winnowed them down a bit --
2 that have come up during the evening.
! '
3 The issue about permission to lower the
' 4
5
I think largely the picture of
billboard to 41 feet,
how that evolved has been an accurate one portrayed to
6 you. The one thing I do want to stress is that there
1 7
8
9 should be absolutely no implication that any kind of
entitlement or permission, whether it be formal or
informal, came from the City with respect to that, and
10 I don't hear Mr. Melcher saying that, and I am not
11 trying to get him to respond on that issue. I am just
12
13 telling you how the City felt about being asked about
well -- in fact, I told Mr. Melcher,
that, and we said,
14
15
16 you own that structure, people that own structures,
whether they are compliant or not, do have the right to
mess around with your structure, but I told him I don't
17 think -- and I certainly won't take the position that
18 has really anything to do with, unless he lowers it to
19 32 feet, the BOA hearing on this subject. And I just
20 don't want there to be a subtle, you know, well, we
21
22 kind of worked with the City on this thing
implication. Mr. Melcher has not so stated, but I want
23
24 you to know that no implication-ought_to be drawn from
that. That was their idea. I am sure they did it for
' 25 whatever strategic reasons they wished to, and they
100
1 explained those reasons, and that came from them, and
2 that was their game, and that was not the City's game.
g The revocation of that early permit.
4 Yes, the permit was pulled in February of 1995, and,
5 yes, it was revoked in September of that year, but
6 there should not be an implication that thusly there
7 was some kind of entitlement arising from that. There
8 were significant reasons why that permit was revoked,
9 not the least of which is, of course, it wasn't used
10 within the time period required. Why not? It's
11 because they didn't own the billboard that they were to
12 relocate and, you know, you have got to own a billboard
13 you are going to relocate from one district to
14 another. That was yet another reason.
15 And lastly and most important -- and it
16 hasn't been mentioned by anybody yet -- they didn't
17 have permission of the landowner yet at that time, Mr.
18 Dearing, to locate a billboard on that site. The City
19 was getting cards, letters, and phone calls from Mr.
20 Dearing saying they don't have the right to locate on
21 my site. Now, they have since worked that out with Mr.
22 Dearing. They have submitted the power of attorney to
23 you. I am not saying they don't have the legal right
24 to put that billb-oard on that site now. They do. That
25 is not the issue. The issue is there shouldn't be an
101
1 implication that the City somehow held them up on this
2 earlier permit. That permit got revoked for the reason
3 that it needed to be. They didn't satisfy at that time
4 the requirements to be able to relocate under that
5 early permit, and they ran out of time, and they were
6 negotiating with the landowner, fine, that happens in
7 life, but it certainly wasn't as a result of City
8 action.
9 With respect to the engineering safety
10 issue, absolutely Mr. Gidley had to mention it because
11 it was in the written staff report that was still in
12 front of you. Nothing more needs to be said about
13 that. We are satisfied on that particular point, and-
14 the concrete, et cetera, and the pylon, pretty
16 We know there is- five other billboards
17 around town. They all vary arou nd 50 some feet. Those
18 were good decisions. You should make that decision
19 here too-~ My reaction to that i s two-fold. One, as•
20 you well know, we have under the Code a set of criteria
21 that have to be met wi th respect to this piece of -
22 property. You know be tter than I do that your whole
23 job here is looking at specific pieces of property. If
24 your whole job were to go and do some broad-brushed
25 zoning approach on the planning commission, you would
1
102
1 be the City Council. Instead, you are sort of the
2 fix-it people, and you look at individual properties,
3 and they vary from soap to nuts.
4 They are not all the same, are they?
5 Every single one of them comes in with a different set
6 of facts. I bet you on a garage setback, you say yes
7 to some, you say no to others, and the reason you make
8 your decision on an individual basis is whether the
9 applicant in those individual cases satisfies the
10 requirements under the Code, not whether the applicant
11 last time for a garage setback satisfied the
12 requirements under the Code. If that's true, then we
13 only have to do one of these, and then we are sort of~
14 done doing work, and every time another broad setback
15 comes in, you can say, well, we granted it because it
16 is_pretty much the same dimensions as the last one, and
17 we override the staff report because the staff report
18 is saying the same thing this time, and, therefore, we
0
19 should override it.
20 The point I am making here is Mr.
21 Melcher has a right to try to make that case, but on
22 review, the test of your decision will not be what did
23 you do in other cases. The test of your decision will
24 be what was the evidence in this case and what did you
25 do in this case, and did the Applicant satisfy the
103
1 requirements under the Code in this case, not some
2 other case.
3 With respect to-the exhibits that I've
4 given you, I want to kind of group them. Exhibit C-1
5 is a whole series of sections out of the Code, and it
6 is all designed to respond to the argument laid out in
7 a fair amount of detail in Mr. Melcher's written piece,
8 that he didn't mention at all tonight, which was the
9 reason, the story, if you will, how come the thing got
10 built at 50 some feet to begin with.
11 And the story as written, which was not
12 the story that was told, the story as written was,
13 well, there were these other code provisions,
14 industrial code provision, PUD code provision,
15 freestanding code provision. They all had other
16 numbers which were higher numbers, we weren't sure what
17 the real limitation was, and so we kind of guessed, and
18 we also thought we were putting it really in the best
19 place.
20 Now, we weren't sure which requirement
21 applied was not a part of his argument tonight, and you
22 will notice Mr. Gibley went through those Code sections
23 to nail down -- I am not going to do any more nailing
24 down of this issue -- that it is Chapter 26, Article
25 IV, 32 feet. That is what the Code reauires here, and
104
'
' 1
2
3
4
5 the industrial district argument doesn't work. You
have to turn to the second page of that Code section to
find that out. Perhaps Mr. Melcher has backed off that
ument, perhaps not, but it is important that the
arg
record show that the Code says it's 32 feet. There is
'
'
' 6
7
g
g
10
11
12
13 not any significant question on that point.
I have given you Exhibit C-2 and C-3.
C-2 is the permit that was at issue here. C-3 is that
earlier permit. I gave you those because it has got
the Applicant's signature on a document that says 32
feet, and that bears upon the Applicant telling you, by
Mr. Melcher's written materials that are in front of
you, we weren't sure, we didn't really know whether it
14
15
16
17
1g
1g was 32 feet. I think he did.
I gave you Exhibits C-6 through C-10-A
to deal with the argument that, again, we did it here .
which was this wasn't really a billboard, it's
tonight,
a sign, and if it is a sign, the 32-foot requirement
doesn't apply, and yet these other requirements apply.
20 The reason I gave you all these exhibits is they are
21 mostly letters from the engineer's other consultants
22 hired by the Applicant. All those letters say dear C&E
23 Communications, with respect to the billboard that you
24 asked us to build or manufacture, or the billboard we
' 25 asked you to install, the lease says this is a
105
1 billboard location lease.
The only point I am trying to make is
2
3 all the Applicant's experts called this thing a
4 billboard. It's a billboard if it's a billboard. The
5 32-foot requirement applies. If there had been any
6 realistic question as to what the real height
7 requirement was, and we have those cranes out there in
' field ready to erect the things, scratching their
th
8 e
ds wondering what code section to apply, instead of
9 hea
' 10 spending the thousands, of course, that got spent at 51
11 feet, somebody could have dropped a quarter, I suppose,
12 and Mr. Gidley called and said, you know, we are not
13 quite sure which code section applies here, and that .
' 14 didn't take place. I am sorry it didn't take place,
15 and I think I know why.
1 I think that the billboard was
16
17 intentionally constructed at 51 feet, for the reasons
1 18 they may have been earnest, as Mr. Melcher describes,
19 which we thought it was the best place, and now they
20 think 41 feet is the best place, but I think the record
' retty clear that they didn't build it 52 feet or 41
i
21 s p
-
' 22 feet because that is what the Code required. If we are
the business, I guess, of having applicants come to
i
23 n
24 you and say here is where I built it, and then I
25 lowered it and you should feel grateful for that and
106
1 you should say yes, then we don't have much more work
2 to do here at the Board of Adjustment.
' 3 I understand and appreciate and enjoyed
4 hearing the present owner tell you that he feels
5 uncomfortable here making this application, but he did
6 buy a situation. He bought into a situation that was
7 existing. And in fact, at the time this permit was
g pulled, they could have run all the same fancy
' 9 projections, couldn't they, at a whole lot less cost to
10 determine whether a 32-foot compliant billboard in that
11 location would have interfered or not with other signs,
12 and whether or not they would have needed a variance,
13 and then they would have determined, of course, because
' 14 they would have had all these great photos that they
15 have right now, that it would have been sort of an
16 interfering billboard.
' 1? And what would they have done next?
18 They would have filed an application with you to say we
19 wanted to build a billboard at 41 feet. And I submit
' 20 to you that that option was very available to them, and
21 it was available to the person from whom -- the person
' 22 who just testified who bought the operation.
On behalf of the City, I urge you to
23
24 adopt a resolution affirming the decision of the
25 director of planning and denying the application for
i
107
1 the variance for 'at least their failure to satisfy
2 their requirements 1, 2, 4, 5, 6, and 7 of the Code as
3 outlined in the staff report. Thank you. very much.
4 THE CHAIRMAN: Thank you. Any questions
5 further? Mr. Melcher, I believe.
6 MR. MELCHER: Thank you, Mr. Chairman.
7 Quick housekeeping. I would like to simply designate
8 the case files for the following cases in our record,
9 and I guess that would be 93-2, 91-29, 88-26, 87-6,
10 87-2, 84-37, 83-34, and 82-8, and those are all past
11 cases. And I would like to designate in the record the
12 remainder of our exhibits here which I can give the
13 court reporter afterward, and I don't need to take up
14 any more of your time. Would that be acceptable?
15 THE CHAIRMAN: That will be acceptable,
16 thank you.
17 MR. MELCHER: I guess the first thing is
18 something that I neglected to say, which Mr. Trubucco
19 said, which is that we should not be here asking for
20 forgiveness, we should have been coming here asking for
21 permission, and that is the way it should have been
22 done. I would never dispute that that is the way I
23 wish it had been done here. That is the way Mr.
24 Trubucco wishes it had been done. This is not a
25 situation we would like to be in, but unfortunately, we
108
1 are here now and we are trying to figure out the best
2 solution.
3 We think that in this situation the best
4 solution for all the property owners and for the City
5 of Wheat Ridge is to try to find an accommodation that
6 is going to benefit all the property owners, and I
7 submit respectfully that accommodation is the 41-foot
8 height.
9 Yes, Mr. Gidley is right that you make
10 decisions on an individual basis and individual case,
li absolutely, but I submit that no cases in which you
I2 have granted a varianceohas satisfied -- at least in a
13 billboard, no case has satisfied all of those
14 criteria. In fact, they couldn't, because in every
15 single case, that number 7 is a self-imposed hardship.
16 It pis going to be answered yes as a self-imposed
17 hardship, because people should have known or they
18 shouldn't be in that situation.
ly We are here, unfortunately, because we
20 didn't do enough homework and we didn't come and ask
21 permission first, but even if we do not satisfy all
22 those criteria -- I submit we do, but even if we don't,
23 this is a good situation for the Board to make an
24 exception to grant the variance application.
25 We did, I believe -- maybe Mr. Dahl
109
1 misunderstood or maybe I just didn't write it very
2 clearly, but I thought I pointed out in our statement
' 3 that the Applicant understood that the City of Wheat
' 4 Ridge wanted the billboard at 32 feet. It was after
5 getting out there and after seeing the other properties
6 and realizing that it would be, the Applicant thought
7 at the time, in everyone's benefit to have it higher
' 8 that it ended up higher. We are not claiming that it
9 was unclear. We simply stated that there was a number
10 of regulations, and in fact the regulations that govern
11 setback on building structure stated the building could
' 12 be 50 feet high.
13 There is a number of different heights:
14 We knew that the billboard on the permit should have
15 been 32 feet high. It was simply, we thought, I
ut
l
l the
u
16 e p
y
submit -- the Applicant, when Car p
' 17 sign -- C&E Communications sign, thought it would be in
18 everyone's interest to put it at 41 feet. I think this
' 19 is a situation, as I said, that merits a win-win
' 20 situation, a situation that the property owners along
21 -.that road and the City of Wheat Ridge tha t benefit from
' 22 granting this variance application, and I would
23 respectfully submit and request that you do grant that
'
24 application. Thank you.
' 25 THE CHAIRMAN: Thank you. Any further
iI ,
i
110
1 questions? If nothing, this hearing is closed, and I
2 will entertainea motion on this variance.
MR. ABBOTT: Okay, I have got a motion.
3
4 THE CHAIRMAN: Turn on your speaker.
5 (A motion was entertained.)
THE CHAIRMAN: Any comments or
6
7 additions, deletions? If not, then I will entertain a
8 vote.
THE CHAIRMAN: I am sorry, excuse me.
9
10 It is late.
11 MR. SANG: I will second it.
12 THE CHAIRMAN: Seconded by Mr. Sang.
13 Now I guess we are ready to vote.
14 (A vote was then recorded.)
15 MS. CHAPLA: Motion for denial carries
16 seven to zero.
17 MR. GIDLEY: So it would be seven to
18 zero?
19 THE CHAIRMAN: He was doing so much
20 scribbling, he had to split up. I guess based on that,
21 then, the variance is denied. Point of order, Mr.
22 Gidley. If we have denied this motion or this case, is
23 it not a moot point, then, to act on 96-11?
24 MR. GIDLEY: No, sir, it is not a moot
25 point, because they can lower it to 32 feet in its
1
1
1
111
1 current location. Does the Applicant care to pursue
2 this matter at this time?
3 ~ MR. MELCHER: Mr. Chairman, at this time
4 we would like to withdraw the setback application.
5 There was a number of questions at the last hearing
6 regarding where the property line is, whether there is
7 a survey, and we are still trying to -- there is no
8 survey that we. are able to find. We are still trying
9 to find it, but we would like to withdraw the
10 application, find more information to enter, and
11 resubmit.
12 THE CHAIRMAN: Thank you. 96-11 is
13 withdrawn, then.
14 MR. SANG: No date set? It is just
15 withdrawn indefinitely?
16 THE CHAIRMAN: I_guess it is up to them
17 to decide what they are going to do. At this point,
18 then, the public hearing is closed for the night.
1g (The hearing was concluded at
20 11:33 p.m.)
21
22
23
24
25
112
1 REPORTER'S CERTIFICATE
I, Roger A. Doty, Registered Merit
2
3 Reporter, Certified Shorthand Reporter and Notary _
4 Public in and for the State of Colorado, do hereby
g certify that said hearing was taken in shorthand by me
6 at the time and place hereinabove set forth and was
7 thereafter reduced to typewritten form under my
g supervision, as per the foregoing transcript; that the
9 same is a full, true, and correct transcription of my
10 shorthand notes then and there taken.
I further certify that I am not related
li
12 to, employed by, nor counsel for any of the parties or
13 attorneys herein, nor otherwise interested in the event
14 of the within action.
15 IN WITNESS WHEREOF, I have hereunto set
16 my~hand and affixed my notarial seal this 14th day of
17 June, 1996•
My commission expires July 5, 1997.
18
19
l ,~
2 0 `~ - ~
Roger A'. Doty, R, RMR
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LAWYERS NOTES
LAWYER'S NOTES