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HomeMy WebLinkAboutWA-96-12PhatoAlbum Wq-qb-(I ~k~p(tca~f5 ~x~,~~t ~x-3v ~kpplrca~, s ~xk~brf Ex-.~ ~PP~rea~{-s ~K~,~y~f EK- 32 ~rOP(ICL~hi~'S C~:~ttbif EK- 33 A-pp(icu~ i s Ex~~h~~~ 6x-3~F -. 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 -{- ~ yy~~~ 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 F N ~d ~- il _~ _Q =4 ~~~T ~LyV6'~~07- j-GdV~, ~!~yl~. 1,~1~ ~.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 _ _ __ ' ~UL-.=_~.1~SG ;i~1---F~i~U•1 ~ ~_]C $TURFiGE TO ibGlci~.~-~15=E• F.~._ DRAWING SHOWING LOCATION OF PREMISES ON THE PROPERTY \\\\\\\\\\ C'/V ~y ' / V/S ~, ~~ -\ ~z ~. i 5 ~ 9 D ~S ` 8 i 1~ '~ sto = ~ j { . ggg~f Y ~ V OVV ~ Tt ' :E"~ ~ ~`~ € ? ~ a i ,a q ` ~Fi ~o a ~ .a ° 3 K t a.utou iwi ]3~~ ee~i ~nmm. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I J S i i F y~mmi ~~ Z Q £cS~F .. __ ra a 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 i ~k I` 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 1 - 6--Z (y n.... e.: rvrn ~ ~~-`1' ~y~ ~~~q~yo ls~b~ -- 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 e/CtB~ 7 -~ ,, • L~ • H J d 0 Z ~g ~, '- 0 ~~ ~~~ ~c ~zz m _ v ~ 6 z G m ~. K~ ~m . v~ .. .~ ~ ~ ~ ~_ _~. S~ G CCSS ~ ~ n ~~ 6 ~~ 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. ~.: ~ ~_ _: f ;,~.t ~ y~' ~.~ 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 ~ .-..... i ~' `' ~ ~ -tip-_ ~~~~ °~'N}'~• INIT 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 :7T. 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. ___ \: _ y°.: ; ;~. 4 ~~ ~,/ IfVIT. 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+-' ~ ~ J ' STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) '-~~ Lf-ji Date ~-a~-~~ Date THE FOREGOING instrument was acknowledged before me this a'~~ day of January, 1996, by Debra Lee Dearing and Daniel R. Dearing, as Lessors. __ r i `~ .~ ~X~~ ,,' ~ / // \\p\tllUtllliHtrgl/r. l[!'l-L~.ci ~. ~~` `~`-1Z \`\o~ ~,•NOCL.q~;_% Notary Public ~ : . ~'. .. ~•' commission expires: 12/28/97 _~;~4 :~ ~, r~rFOF Go~G4\\~ 5 ~f r~J 1PJ:T, LESSEE: C & E Communications, Inc. .~1 '`~ 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 ) ~~~ -C~ ate 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 ~--~~ _.r ;,> ,: -~ 6 M~CommissionExpiresNov.23,19A4 41017th SVee; ?.2nd F]oor QQR~pr, Cct~00ritdp 8Q2Q2 'v 1 ~~:,. 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. ., ~ __- ~~ Qti~r, Z,~+e. ~C NC e. d~ ~> r g ~~ _'! N~~7. P^u ~uc~ S 341 ~~~^iS Po~~ ~XiS+~N ~ 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" .~ r ~. ~Il ___-. , t ~~~~ ~ ~ ~ ~..:.~ o P 912 401 317 i ~ ~ m ~ m Ai T Z ~ m v -I m y z ~ O ~~ W W ^? J g t p o ai o I P 912 401 427 m m m m ~ m 'n Z -I ~ m ~ n z ~ O W '3 OJ ~ 1 , O O y N. ~ n a au ° .. .. ~ va~ u - 14 Xt.' _ 9 9 n y9 P 912 401 425 m 0 6 y I D a r °m S7 m n m 1 0 n m 1 T ~ ~ 7J W m ~ O ~ a ~ m m ~ z Q ! > i ~ ^~ ~ ~ ~ ° g y ~ v o re z r mE > ~ ~ g o o m ~ ' ~ ~~ ~~ " ~ ~ °~ m m ~_' a¢~ p ~ ~ AT g O m TD R 9 Z f~ w ~ ~2 Q W o D n wwrr ~i o ~ T ~m ~ ~ < ~ . ~ a s ~ - r n K ~'+ ~ o W I ( rte.. _.. ~.~ w~ .•g •.. m I Dm~~y~?~~z 1 ~, ~ I ~ ~~~ D b _ ~ ~ i' ~ _...3 ~~ R ~ ~__~ .~ ~ _ _ p y Sirs • w qc-. ~. fP tY ___ _ _ ___ .... _.~...- W ~ / m m ~ 2~ fn (/1 O N __ ~ N .. . ~ ~ ~ ~ W~ ' ~ 1 I I D w ~ n m (p N j~ ~ ~ i ~ ~ Y ~ ( ^~ ~ C5 M i +~ ~. __ •f G -O ~ W [T W W ' N N W .m._.`~ C i C ~ ~ ~ ti -~ O n 3 0 --O _~ Jm 1 n _- 7U m J f _ IMPORTANT. PLACE STICKER AT 70P OF ENVELOPE 70 b YY~~~ 6 s'F Y !~ CA~ O t'E ~~ W V m _~a em' '_- ~~a° 3~~ ~m3 ~~ am,o amm Tam 6~ EBa mwN -a3 `G Pa aaa ; 'sD ='s° ~ s ~~d. ~ y 59° o ~ __ ~ ~o `~_._ . .o... ~_._~^33 D~.~ __ ~ A.~ c 6i' ~A~ mhu 3 ~m Soo om~ m ' na m1D $d R _.n'O fa P+'V ~~ '~ao oao ~ u ~ ~ ~m'd. ~ - ~w." m a A' `_' •• p I.0 N mm~~. ~' - ~ ooy ~ ~ ~ ^ ~?~s ~ mm ,_~ ~ T A' ` ' E~ i 3 ~ w o ~~~ $mR f~a, ~oa pig ' c n ~~ g _. ~ S s E ~d ~ N . ,m u o _ ~ "~ i ~= H ' °Fm' 3 o~~ Q 3F G o~H ~3~ Gin ~ ~ my o I ~ ~ ~ ~ ? a I ~ D ~ ' O O_ ~ ~ ~ N l 3 r ~ ^~m'~ rt J m ~ a'D ~ ~ o a ~f. ~ O ' ~ ~ m m w ~ ~ ~~ ~ a N D N. O r n N o m a Cn ~ ~ m I ~ , ~ ' ~ ~ m ~ ~ I THE RIGHT OF RETURN ADDRESS ... :- .t --a- O ~7 w 0 0 8~~, , P 912 401 428 (n m m m m ~ m m O i4 f ~ 6 75z #?+ ~ o m of ~ ~v ~ v ~o r~ y m m ~~ ~ ~ ~ ~ Pm g ~ 9n m ~ Km .r A ~t m v a J -- 3~ W a1 O m ~ ~ f 8 ~ 1 -- ~ T __ { .. I P 912 401 426 f ~ m m a a < m c ~ ~ ~ m ~ z E ~ ~ CJ ~ t'c ~ ny 5R s~ > .. ~ O '~ :~' ~ 'o f m gi ~ ° ~ ' ra ` ~ n ~ ~ o n tL .~ ~ m ~ ~ m o0 I nz > v ~s I 8 ~r ~ ~ Kfll ~o Y~I 1 N M Ili Z~ m (n j 2 I ~ ~~ ~ a ~ yg ~9 +~ ~ ~ ;o < z~ A tl t n _ r~ ~~ .r ~ m u+ cD ~ ~ ~ ~ ~ f ~ ! t ~ T ~ m f O ~ i y _D 9 t r t C 9 m E IMPORTANP. PLACE STICKER AT TOP OF ENVELOPE TO I- -r _ _ _ THE RIGHT OF RETURN A DDRESS. - _ _,,,~,.a~..~.... __. ~' ~ rQ w - w C N .~ C N I I ., I D }.t W I.* a } LR ~ C8 F~ ~ ~ m H 91 ~ ~ t9 \ O G. ~ ~ :::::=i m1i' o~~' - ~~~ C«. ~_. _. a ~ =yy c~ip~ ~N~ ONp' 6jm T9 .. G~ ~A~ ggs 4~~ e~ro °a~~ ;ad = ~ u n ;; ~ a. ~~m ~ - 0 ~d,~ - d~° _ '~~ la D sib 3 ~ryP O $ ~g ~ ~3~ ~ c~~ ~ ~. d 0 a~~ '3 ~ 0 W J 6 ~ m n 0 2 n ~ ~ ~ D _ m o , _ ~ ~ m -1 ~ c N ~ ^ ^ co w p 17 ~ a ~ Q ~ 7J D N o A {_1(~ ~ ~ r 9 N Q < O N N ~ V' O O ~ s N I ~ a ~ ~ s o N N ~¢~ o io m O y ~ _- Z } `O ~~ ~ ~ ~ 70 } ~ ~8 ~ ~ o N¢ N N ~ b n °' m ` N ^ ~ ~ ig - ~__~ ~ ~ O ~ U D ,~ m <~ a ~( ~ ~ n o N,o n N ~~ O m _ ~ Z f _ 3 0~ ~ .~ Q N y^ ~ 1 ~ n a D m m °m N Q .~-, zlDmrn ~ N - C --70 ~ N ¢ m p ~ ~ ~ ~ ~' O m. '_Z %~ D r ~ o ~ m 0 m m o ~ a a i N :_ - - Thank you for using Return Receipt Service. j 32i3H Ntl31 aNV O~Od i ~[ 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 ~S E A Li / ~~/ NOTAI~'Y PUBLIC ` /G 04lUU96 C'Nfi32U DN-i5681A.1 ~ "-'~~'~ ~T ,~, =~ELNERY TICKET 'Q f try` _ , ~ . ` ~ ~I~Wj~Nr _ f a# / r ~ ~ H r ~. ~. ~ F* I .~ij,±~':~S".'' "'~ :'~'Y~A :~ .• .. ~ tip~i • ,r. ~.,. ~,. ~' *i ;~'~t-,~ 'r ;~ ;; µVIJNO ADDRESS: PD. 80X 9200 `~ \ lT)OROER CALL 7142178 OFRCE. 1]nS S.ACOMA ST •, ~',~ ' •L '. i : CO 00208 nfFx7E; TT73058 ~ DBNFA. C0 BrQ23 _ ~RQtEt~ 6988x, ",y DATEm~ •• ~3~"YICfCET PRINT 77ME 14153. '~'~ . .. _ -•'~' '_. : ~ mar rk. ? yf - ' i .``~ f• . ' L qD . s >.t '-~ ..} _ ~ H '1'0501 W. 48TE.i . VE. 14~i"~' _"Y ?"r. ODL3 MET}2D'SIGNS °'~ ~` f Order fk:00`~5 Project# 1 IFAVE PUNr JOB ' fl ~; , R Requested Order Start Time 1 X00 x _' `'~ ~" ~ } ~ ~" in-~ ~ { ~ : r ~~. TO : f ~. BEGIN POUR UR " D {A• [' ~. ::.r _ ~~~ ^ ~ e nested SDacln • 000 ~NE IS=H ~ '~•'9~"" .. ~~''~ ,. YPS~MiR5. TH15.CUAb ITOTALYOS.LitRS.INCfJ1DIND~il15 LOAD 10DLY05 THIEOFOBii 5_UAIPOROEREO SALESMAN ICOD LEAVE J08 ~i•~: .~ PLANT • S: rD0' -- f+'.1i:00.,, ,.i.;.`"... 10.00 5.0 REGGIE ES ,..r.*~ "'_ .-',.<y,rr:".:,:. P O. NUMB(7A, ':LTRIlGC1 > ':~.,,; DRNRIVFR PUM TA7IWOE '.. .. ORDER TYPE 't ~ 4~i. r s•: . P7ATT :i09'-.1 a„369 ,i1 4;3}29 701 ;1 ~ _t 2A0 ;~,,', a ~ ~. r .N'T-^v arar•~• PFiI"~4` ~ DRI'VER CR~•x•-k*~• y f`Ai~,,~, ,...,.r~"' f ~ i~ ~"`'.,._ , NO Ct-!E£F.S,t r t ,..,ty ~. w*~• a ~ ` ~ k~~ -., a:+ H I ~ ° cauri~Eiv auTD BoAV ' . r, ° '~`~ ~` ` ,~T pp ,. t . ~ x„„•_ Moa umber ''~~.~:,,' .' a~::~" • lx escnonon _ ,.K ,:~;•p. Ix ^08 OUrtt my ^.,p,; .,,e.r ,. , ...... , 50-R-Q'8 " .~• _ ' -~:` 3.~"r5K 3/4" A I r^. , . ;'j•"~'`,' '.. ~._ 65. 50 - 32Z: 50 Prdduct Codet I'. „£w '- uct.Nama ' Quan 1'"~Product Price ' :.. - ' Amount : ~"._;. _r «^: ' CCS u ' ~ SCI CHLORID~ T t T~.. 00: ~~50 ` ' , ~, i T 0 t y ~ V,,rb ~{ ~ ; S.~ ~l~Y .t"4.t h ~i ~.~ k } `..~~t ~~~Y. E~"' ~` ~ ~..' t~.... 1 ~ . ~[ ' ~7) ~;' '~ . '~ y, f \ ~~ , ~ r . 1~"I AI~. 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, . ~~. ~r~:l 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 ~~ ~ ~ ~' ~ : '°~`F ;' .- `~:~'Afi .w{.fr&' +f`- :Ar ~+ iP~ i ~WY~~i' ~F ~k5... - . ..~ ~^a '~L~F~ . .~ r : . . . 1. -r ~ . ~• 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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H,o .~ c~a ' y N M K .yam c o ~ ~ v G7 L7 Ul ~+ rtt yyyy N ~ ' M O HN ffRR pOS ~ ( O ~ N CJ OO G ~ ON Y ° z n rN M am°mDZmm Y• tV4~ [y 'n by",'gin " "aa ~ r m mm zLO or°y °m Edv oc°y x £ in DOrC2^D nRp0prmmyY•arm n mcn~~'~mzv rr"^'"'~"'OF~Krrm op v xm<a- ~. c~rmvmm Z SHH 9i Y£H ~~~O m °~ {O ~' K rM~~~~zM n c Zn 0 dW N N O pOdO YL1 O D •p ~- f7 m O-i 'rtOr Op ,~mcza am C= -1 ~7Om ~ ~ -ri ~ .~ 2.>Z000ZO mZm~O3~:y'I I Q O a CA o rn T O 2 Q` • > a N a 3 d c > ~ n r ~g d O o pq o 0 ~' z w O w N ~ N 1 a. ~ M ~ ~ n m A 1 r l7 D 1 m ~~{ W O m~ W 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 nN•t568Li.1 ..y+~ ~7 ~ `•` ~~ ~ 'DEWEAY TICXET ` ~ r ~. 3. ` ~-- 1T ..~ e l ~ 4 ~ ~ / tt ' ~ ~. ' F !" ~~ja' l } r t YY •Q f / ~ ` (~~ i Te t ~~ .' 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$TEi' VE. __ 14°t33•-_._`.._ . ODG3 MET~20 'SIGNS `c " p. Order x:0045 Project ~: 1 > ' , ;~ ,~ ~ r~ t_1" ~ •~;; . ~ r~ (~ ,~, T Re9uested Order Start Time ~~¢ - BEGIN POUR I +r PnuR ' y t •. o ~, c. •. •;p ~:~ " eouested SDac(na 000 NE ` ~ _, ~- LE.cvEaoE . PiANT ypSl7,rrAS. THIS LOAD-ITOTAI.YbSrtFtAO rN D10GaaZ1t15 UJADl -V0 V>9i -Uf.7P OADEAEbt ~- F, ~ ti'+~ FLY-`;' 5: 0@' ?•3:Q(@", 10.00 5.0 ` -REGGITM~ r(ES - .. ~,.'_' PLUR -;uctOCEI.. .. aADER ti s~ , .. " PO. NlIMBETA. '.i7pt1CKJ a «+ cbP11YFA 9 .,, 1 ~ ~ •-f, sam ,-~;~ ' IAATT 3Qt9'-.1 aA3b9 t,;''45J,29 701 .1 .~ ,•,.:s,.. vvaC (~- w, F ~! z i :*->k- F-`R`~ [i' BRI'VER~rCE'~ +r•->F-a•-~c*' ..~ J ft; ~r~s~ ..-..•~- ' ~ ,.,~„ 'x~+, ' "'': . n' t t+ HIGF{.,CDUPITRY "AI.iTO EDDY ~' ~~ ,,. ~~1 ' uc nca ~.::. aunt::.; .,:.r Mix umoer •`.~:$:,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 ~~ yy lam, 1 titr C w L `; A 1. ~ id";: rr ~ .~f. ! ~ g:~ 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. ',. ~( ' " x s nature ~ r CUSTOMER SIGNAT, URE 1 ' L y" '.. - l y Y.. gyp' _4 k - `` s ~~ .gin-0~3~,y ch"~t -t ~~fY, ~.~. ~ y ~ ~ .:. ~~ i s« r n .~ ~''~ . :r±i _ w., :~. rf~~,~'p4 tit `.:.,~i:•~St i'.'_ y..~:.•- t l ~eYMa;''~`•1 .~.~N'• .-+~2°L+: ~. fn - c - __ :. r._.. •~ - .. _ _ _ _____ .. _ _ __ -:.. ~ - -' ,. __ DEENEAY7ICKET ~ ~ ~ '~ d`P ~' r. J ''11-~ r .~ ;'[ ~ ~ ~ MAaJNGAG0RES5: P.O. BO%9200 roORd£A CALL7YM1•2378 r OFFICE: t7055.ety~~ r •~~ '"'.}:, \ . ~ OENVEA. CO 90209 OFFICE: 7773058 ~ '~y ~ CENVEA. C030~ - / t. ~. y3iet sr"1169887 DATE0~128/96 TICKET PRINT TIh1E 13: klo ~' ~'. ~'.~~, ~ ~~ ~ .. ~ AD '' pustometa*: -6993 `~~. Asa. ~~:. .' ~• - rt~ .H !0501 W. 48TH'AVE. 115105' ;, ~ LEAVE PLANT ARRNEJOe EDBL_C METRQ ~ IGNS P Order ~!~~195 Project': 1 ,. ., I ~ _ "• Reauesced Crder Start Time 1544 -' e,,,,, • MATT 309-L I 34i'' ' ~ ••44880 t ., ~x•a`t~ RAYING DRISZER.CASH***'*-*- NO CHECKSrtt -;,:: •'.• ~tp NIGH COUNTR`( AUTD BODY 50-B-08 1 ~ '1 ~ 2A0 - '~~~~ ~' LLECT~D ..,. ~~~ _ ;•391 ~`~~~. ~ ` y ~,u.f ... nmx uescnooon 3:SK 3/4" AIR vi :_;_;product Name ~r,.. . 'CA`LCIUM CHL.QRIDE ~pq • ::... ` • 9i ., {' •~ 65. 5. 00 • , 1.50 f 3 ~7r 7_3 - =.S..N? r ~_.: x:50 • - iimount "~~:~= \a~ sm ~- - - i- . - SUBTOTAL 335, 00 ~.- TAX iz.7 '~ ' ~ .. GFIAND TOTAL 46 ~:ln.a M paced cyilnders Taken -. . YE NO/I YES ~ NO ~p AE ono (~ 1'1 u~ \ ._. ; • UNDEASIGt Deauga Welver Our dnvers will make every effort tp place. malarial where the cus- tourer pestgnates. out Ne Company assumes no respansihility for damages Inside pf arb or property line, ar whero our driver feels t damage to: ~,y... may occur. - ' -- ~ . - .` 1 x __- I ~ RE~CEIATS FO~Ti~7HIS LOAD OF CONt3ltlt Arvu r ' ' INSTRUCi'ED TI~ORIVER TO ADO: -~`y /s a!` _r~e - ..__. ._.....~GALSILiRS. far . .•,,."~~. ~ ~_ A ~ •~! _ . - C).ALSrR.TRS.;(Qr ~~~:1YOSIMiF . ~ ~ ~ GALSILTRS. tpr 1~Su1{TF CUSTOMER IS ALLOWED ~ ~ MINUTE ...' Caltjlon: Freshtymixed cement, mor- UNLOAD' ,,. t•..: ' ' rI(conprete, or grout may cause akin ~ ~ 5 =,,~ ~• injury., Avoid contact wim skin where A CHARGE OF 4 •'`~ PER MINI ~ p(Me1ole and wash expasad skln erase , YJILL BE#DDED FOR EXC 55 IME ~ i ' promptly with water. It any cement mfx• y I ' . '.r<+r.'- ' ate• tares get into the eye, rinse immetl • ~ ~ ` ty end repeatly with water entl Bet ~ ' l prompt mtWiral attention. Keep out al Reach of Chlldron. _ , , X ~ . - '~-+-+ 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 t~,•?O7'A'9•••'~ ~•t5 E A L]~';~ •~ i •• N~~~•` • P'•O OF C0~0 V 12/05/95 10:32 $503 221 1675 CAR~EY BUCKLEY C~j012:018 SENT &Y~ 9-11-95 ; 5~47Pbt ;OUTDOOR SYSTEMS INC.y 503 221 _ 1fi75:: 2/ 2 u ?~wr.y ~ ~ is ~ .i DDw ~ a ar~Sta'c~ ~~ fj [z~ a~ L n Pf' r , V ~ ~ ~ 3 ~ ~ OI ~1f0 ~ ~1 ~ R ~ ~ \ 4p 4i = ~ ~ ~• ~ ~+~*~e~+~oaaa ~C ~ ~ 7 rr Or ~ 4- ~ ; 'r ~v ~[ a c,~ ~"" !~ -+~ ~ ~ ~s o • i.+ r ~ 4T r- t ?~~ ~ '~' ~~ n ~ ~ ~ A ~~ . s~ .r ~ o y~ i t ~. e~o+ -saw _ S~~oo~.m e ~ ~'~ ~~ -I ~ ~ ~ ~ V ~ ~ i r. ~ 'l- ~ ~ ~ ~ v ?~~~~'•OlDN 1 f0 ~9~! ..' • O~w+lpNl9 ~'Y~ I C [a Cr? yO'Sir ~ r. m S 1 ~ ~ tit Q ~ r. 1 01 ~v~t ~i ~ry~ ~ ~` ~ i~ ~ rt ~ ~ a ~~ o O ~bS~~'~ i ~ ~~tD. ~ ~~ d ~ ,.. m ,..F''"a ~ N ~ ~~w$~ a ~N ~ ~ ~ ~ ~~ y a y ~ ~ . V 4! ~`~ ~. ~f ~ a- ~ H rt QQQ h ~ ~ ~ ~~ . ~ }, ~ c ~ r. .~~ ~ ~ y ~ .'TJ ~srr. $, ~ ~ ~y ~~ 9 + ~r ~ ~ ~ . a ~ +e t~ C ~ ~ fax t`F y~. ~r.a• 'f'' ^' ~ f`p R W ° `~ ~ ? ~~~~~~ Ham ~ ~ ' ~ 4 y ! r A~ d ~, ~, o~ ~ ~' _ ~~,,~ a to • ey - C7 . ~. ~' s ag- T ag e~ - t~~ a~ C ~m D ~ ~ ~ ~ fP ~ ~p ~ ~~~• O f7 • `: .. Sa ' .. ...,. ~~ .~•~ r. _S~ r 5i` C o ~ ~. e ~ f r ~ C yOC~~iNp t~7~~a~y~ .O`~l~~1~h+ ~~ov~v n '~ ~. N x .4 c.7a~z 't` t=J N O ~.~ .,~; F-+ iS N Clt w a i~ ~c L• ~: T i_ ~ij BROWNSTEIN HYATT F~.ItBER & STBICI~.A.YD, P.C. r'1TTOR\EYS AT I.AW 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 ,wasiwwH P,,~ -~ ti-,s-ce E. j COOR`a Fxn55 CONTNIS! t ro~~~ PID Pl D a,_T_,e ~ ,:~~. . , _ ~_- . 1 I _ ~ \ ,J`1~ ~ _- _ SID ..Z.T. p 'DID i~ID _ _ ~~::~ r ~--- - a I _~ Y Xli~ rV!~_ _ _ ~~ c~ i ~~ ~ f -SaCI"-"c:: w KLx I l 1 ~ _JJ l S 10501 l-TO F?AyTL~'E'CD, N / ~'`~'f: '', r, /'•.. .'. ~e~, I ;. ` I D I _ •.e ... ._. ., OFFIG(AL 5 ~ j ~; ZOI ill ~Y IJ I lTlf , - - _ ZOr.~ 7 S ~L _~_:..::~~- _ WHE~.T RIDGE - -- =h~:.°__'_C,- 3~-_~~~- -~ . .v.;P 4JG=_` ..ire '_ ~9qe r.h--9 2°_h~„4°_ _ - .. ._os' Revs~e- - e~e~-~ce~ __. '~99~ - J°_?.C.-O_5 ".._- - ° h=~:°_=.Sc~ `J u ~' i~.s~~ << i~ ' L ~ X ~ ~ U ~ 6C ." ~ Q a,~ 6 _i ~ I p 11 G ~ 1~~ ~ -'s0 _ ~ ~ tr ~,~~ z~ m r n ~- ~ - i E - 2o.o'i ~ ~ 5.~.; ~ ~ ~ l - 1 -- - - --I x= X ' i ~ ~ I ~ ~ ~ ~ I m ~ T ~ I h ~ I ~.~. x,: ~ Z 0 '(t i ,i 1 I _~i ~ ~ I y s k ~ ~- G UI i I ~ ~i u- l TC r. ~ X r. X__. _._..__ ~-_._yr._ . ~~ . i ~' ~ _._.._,.~. _ ~ ?c 5. B. ~ f ~ 110.3j ` ~ ? t_ _ ~. i -. x ! i I ~1. ~ .Vi W X ~ ~_ I ? . X. ~ i tl • w 0 ~ (It_. L ,.. ~ - C" , ~~ , a r n C D 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 ~~~ '~ ':J 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:'. t ,~~ ~~ 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- j-ay-9~ Date i , `\t~Upnnumrrtr,. ~1.~-F%~,,. / l , ~ IZ~.~ ``~~o``~, HOC/.QC ;, Notary Public yQ,:` M commission a fires: 12 28 97 ~ pF Q F GOO \~~~` t i~~ ... 5 ~`_~ ~~ dtJET. LESSEE: C & E Communications, Inc. .~'~ "~ ~ - _, ' 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 ;,~ .~ -r ~~~----; -/' . s•.~ 6 4f017thSVse~ ~~~~ r'~ Q^AY2l, CQ~O!2d7 8A2p2 •w1 iv:r 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. h,~+ --- .:° ~_'- .. ,,,, it:;T ,, ~+ e, ~G. NC e. p~~~~~~ 3~~ (~L~HS po~~ LOCATION OF POLE Eleven Feet East of West Fence Line and Eight Feet South of South Line of Proposed Building ~'^T 1 ~f ~y r ~. ~ ~`"`~, EXHIBIT B d~i11, /V ~i5/ 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 .- .... _ -- _ ~.'1- `c - zs - a c~ - -_ _ . -- -- -- - - ,; 9 . - -- iir_ - - - -- -- -- - -------------_ ._---- _ ___ .__ __ __ ~. __ _ - - - - -- -- - - ---- ~, ~ ~'Y-ice,. r~..~ -3 Q~~~,._ _- -- --_ -- -- _ ----- ~ - - -- cn_ - ---- --- -- --- - -- --- --11 - _-- Z -_~~-- - ~~~- -R--,- --~ - _ - __ _ ---- --- ------ ---------- ---------- -- - _1il ---__-- --- ------- _- ----------------- ----- - -- -- __ --- -- - -_ -- - -- --- --- ,- _ _~_~ ___. 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 ; 1 1 1 I 1 1 .2 vt til t C ~G ~ ~ !!0 47 Ca 4 ~~~( S.rlra C4 . ~ ~ ~ 1 i i 1 1 , 1 1 , 1 i -, I 1 1 1 1 I 1 1 1 I 1 I 1 I 1 I ~ 1 I 1 1 ' i i i ' 1 1 1 1 1 1 t 1 i i i ' 1 1 1 1 1 1 1 ' 1 1 1 i 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 i i i ~ 1 1 1 I 1 1 1 1 1 i. 1 I 1 I 1 1 I I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I t 1 1 I 1 1 I I I 1 1 I I I 1 I I 1 1 .1 .. I I I 1 I 1 I 1 I 1 1 1 I I ~ ~ ~ f ; I ~{ ~, 1 1 1 1 1 1 1 1 1 1 1 1 ~ 1 1 1 _. 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 , 1 1 1 1 1 1 1 , _ I 1 1 I 1 I 1 I 1 1 1 I ... 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 ~ (Please Check) ' ' IN FAVOR i OPPOSED i 1 1 ' SPEAKER'S NAME & ADDRESS (PLEASE PRINT 1 1 1 ' ' 1 , ^ - _ 1 i 1 1 I r 1 1 _ ti~ /r 1 x 1 ' ' Pv 1 -_ - :. , 1 1 , =~I ;s n 1 ~ ; 1 ~1 ~v Cc' y ~P -; 1 ~-/ V 1 , 1 ' ~~/ { I i I I 1 !~ i \ , 4 1 ` t 1 f 1 -- . 1 _1T/ - ( I 1 1 1 1 ~ 1 1 1 - 1 1 ~ 1' ~ 1 1 __-- - -_ ~ - 1 ____. 1 1 ; 1 I 1 1 1 - 1 _.. -- - - `I -. - _ 1 1 1 1 1 1 1 1 1 -- - _ -.. _ - _ ~ 1 - - _ _ 1 1 1 1 1 1 1 1 1 - _ I - - ~ 1 - 1_ 1 1 I I ~ I, 1 1 1 _ _ ~ - _ ~ 1 .. - - 1 1 - 1 - ; 1 I 1 1 1 - -~_.-._.. y - 1 1 _. - .._. - -- _ 1.- I 1 I 1 1 1 1 1 -.. _-. __ i [ -. 1 - 1 1 1 I ' ~ - _ -_'-- _' I - _ 1 1 1 1 1 ' 1 I ,- el 1 I _ - 1 1 1 I 1 I t 1 -- 1 -~ 1 1 __ _ _ - 1.. - - - i. - 1 1 1 __ _ 1- ! 1 - .- 1 1 I -- 1 ; i 1 I 1 ~~ I 1 _ _ - - I 1 I 1 1 ~ 1 I 1 _ 1 _ - 1 1 1 I 1 - _- . _. _. ..... _ I - 1 1 .~1 1 -. -:.. -. 1 1 1 I I _ -1 - _ 1 ~ 1 I t 1 1 I I _. _ -- -..- - r~_ .1 1 1 1 _--_._ - _ _ 1 I - I 1 1 1 1 1 ._. 1 - 1 1 1 - .I - 1 1 1 .. _ I 1 .. _ _ - - -..- - - _.1 - -_-_ 1 1 ~ 1 1 _ 1 - i - 1 1 -. .. t 1 1 1 I 1 1 1 ~ I __ 1 _ - - - 1 1 1 1 I ; _ ~ I 1 _ ~~ 1 __ -_~' 1 _ i r 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. 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D w ..~. id a7 ~C nT+ •N O .C -.~"-~ N O O ""~ ^ N a7 (~ •° .° N N w i w O .° ~ i i Y 3 'o h °~ .n '° ,o ~ ° Rf N w 4JNy y". . .,_ w a R N ~ say 3 R L .f Q' N ~+ N g .o x a '~ R en 'p ~ a .fO .N. iC U C ° ~ 6 0 U ~ N {~ y s m ~~ ~ ' ^ v y E~ ~ v s .c ~ o ¢' ~ ~ ° ~ ~ ~ a z h 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 ~ ~ b so t W~Z ?d ,~.w*~~ ~ . ~ I ~,R.4~,k,~ 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_ ~~ ~f 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 ~' ~~ ~,tL_. ~ _ ;~~. ::,T 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. ,__"_ ~ \. .1 ::_.1/~ _..._ ~:...,. ~;~.i:: 4 i 11~ i 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 ----~~~ ~_-r ~~~t---=-_ ; ` /, :,:::~. 6 ~! ~ ~,.~~. f N:T. t L ~' ySlp. f ' ;~ P 5 N n1 3~ siE ~ i ~~, ~ a n r j i _ j: ' ~ .. z ~ I y ~ ~ ~ ~ J ~ -~~i ~~ !, k ~ ~ t ~ '. I ' ~ kk ~ ' I ~i( ~ ~ i: ~IN~ ` - - - ~!' I .~ '' s '' i ~3:. ~ +s' 9 . . i a~ O a i i i j iS ` i i ' fi, i r' r ; f $ [ VE a y i f I ; x l`f ; 9 ~ ii ~ I L ii u a , r • a ~ ~ ~ g SFt: ~ :.4 i ~ 1 'rt~.. i. Eii 1 'v 0 I i i I. . . i11 ~ i . - ~ i a r~~"~7 FJ it ~ ~~d t3 t:' pp ..j ~F ' n i U / ~~/ ~~ F ~ .. ~ 3 P ' a di:: ilv V ~ . to a~. ,m i. ~= j m ~i ..' S. +~'~ o ^) { H p~'~ t y ~3 ci~_' i. is 4 ° ; rni- 0 ~, i:? :~ O {i C l~ P~ sg ._. ~. - 1 ~ ` I .. 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"~ ;'i~, ;: ~ '; i t i FP.rJM Ct=l'L ' ~ t .~ 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~; i j ' i 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 21 22 23 24 25 1 , 1 1 ; , 1 1 1 1 . 1 __ i 1 1 1 1 1 1 1 1 1 1 LAWYERS NOTES LAWYER'S NOTES