HomeMy WebLinkAboutWA-96-20DEPARTMENT OF PLANNING AND DEVELOPMENT
f~ BUILDING INSPECTION DIVISION - 235-2855
`IG CITY OF WHEAT RIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
Buiitiing Permit Number : 2449
Date : 12/29!95
~ ~ Property Owner
Property Address:
Contractor License No.
~ 3E Company
10501 {-70 FRONTAGE RD N
~II_
OWNERICONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances
and do not violate applicable ordinances, i
wvanants, easements or restndions ofr~
made are accurate; that 1 have read artrta
appliption, and that I assume full tespon:
Coda (U.B.C.) and all other applicable Wh
(OW NER)(COtJTRACTOR)
this permit application are arxurate,
ations of the City of Wheat Ridge or
measurements shown, and allegations
r by all wndifions Ddnted on this
aphance with the Wheat Ridge Building
iinancas, forwork underthis petmd.
Description : BILLBOARD 14' X 48' 32' BILLBOARD
Phone
Phone:
Construction Value
Permit Fee
Plan Review Fee
Use Tax:
$25,000.00
$252.00
$0.00
~as ~
$6299
Total
50' SETBACK SOUTH, 5' SETBACK WEST
BUILDING DEPARTMENT USE ONLY
I~etlit~nl~
Approval : GG 12129/95
Zoning : PlD
BAIICEHIl;~RRR61ll
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 8 E COMMUNICATIONS
Roof : Stories : Residential Units
Electrical License No : Plumbing License No : Mechanical License No
Company : Company : Company
Expiration Date : Expiration Date : Expiration Date
Approval : Approval : Approval
~~ )•~ ~
(1) This cermit was istiuetl in axadarroa with oaf pmvtsioru eat torN in yopur applkstran end is aubjeU m are laws rn are Sate rn Colorado and to the Zoning
ReguWDOns antl Building Cotla rn 4uheat Ridge, Cokaatlo or am/ other appl~bh ortlmerrtes rn oaf City.
(2) This permit shall expire H (A) ale work auaronzed ra not tlommenced wdhin suty (8a) da» from fsaue date a (B) the btdWuq authorvad ra auapendetl a
abandonetl (or a period rn 12a days.
(5) If tha pennn expires. a new panel may De acquired for afee rn orfe-haft the amamt rrorrrrallY required. pmrdtled no oranges have been or will ta: matle n are
original plans antl apepfiwaons antl arty wsnerrsion er abantlorunent has not exceetletl one (t) Year tt tlranges are made a R auspensian rx abandonment
ezmeda one (1) Year, Lull fees shell De paid far a new pemrit
(4) No work rn arry manner shall be done mat anll change tl» nawral flow rn water eausirq a drainage pmbbm.
(5) Comraetor snail nobly are BuiWauj Inspeportwemy-lour (24) hove m advance tar as Nepecacna aM Mill receive wdtfefr appoval on inspecaar rartl trelae
gaeednng with arleceaerve phaaea rn the
(6) Tire psua of a permit or the approval tlrawirrgs antl apedacatfons ahaq construed ro be a pmmt tor. nor an approval ot. arry vblaaon of are provfaWns
of are Dm jm//tl/~~~Or any Oafer ortlm/ar~ . Isvr, rule a regrtlstron.
/ " ~t~i~%~/ /
Chief~Butlding Inspector
~~ THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR
CALL: 2345933 24 HOURS PRIOR TO INSPECTION
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SIGN tBILLBOARDI 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".
RBCITALB:
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.
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3. IIse Limitation/Reservation.
Lessee's use of the Leased Premises is limited to and for
the erection and maintenance of the Sign to be constructed on a
single pole. No portion of the Sign other than the single pole,
shall be attached to the earth. No portion of the Sign or its
components shall be attached to any building(s) located on the real
property owned by Lessor bearing address of 10501 W. 48th Avenue
North, Wheat Ridge, Colorado. All other uses which could be made
of the Leased property are specifically reserved to and for the
benefit of Lessor. Provided the Sign is not less than 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. 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.
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INIT.
6. Earle Termination.
Lessee shall have the right to terminate this Lease at
ary time upon payment of a "early termination fee", which fee shall
be in the sum of $15,000. Early termination shall not entitle
Lessee to a refund or credit of any portion of any advanced rental
or other payment(s) which may have been paid by Lessee to Lessor.
7. Non-interference.
Each of the parties hereto agree that inasmuch as each
shall be using a portion of the property which is owned by Lessor,
that each shall exercise reasonable prudence to not obstruct or
impair the other's rights as same may relate to the ownership of
and leasing contemplated by this document.
8. Competition/Restriction on Advertisement.
Lessee agrees that the content of any advertising placed
on signs erected on the Premises shall be limited to advertisements
for commercial establishments, services or products including, but
not limited to, the hospitality industry (such as restaurants,
hotels, motels, resorts, vacation packages and similar
establishments and services), the petroleum industry (such as
petroleum products, service stations, heating oil and gas
products), the food and beverage industry, the communications
industry (such as telephone, television and related equipment,
musical and computer products), the home improvement industry (such
as furniture, home furnishings, hardware supplies and home
appliances), the office products industry (such as copiers, fax
machines and similar products), the transportation industry (such
as motor vehicles, airlines, cruise ships and similar products, but
excluding items mentioned below), and the entertainment industry
(such as theatrics; concerts, movies, conventions and special
events. There shall never be any type of auto body repair
advertising which would/could compete with Lessor and/or High
Country Auto Body.
9. 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.
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11. Removal of Improvement.
Upon the expiration of this Lease, based upon duration or
ea.ly 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.
1~. Building Permit Requirement.
This Lease is subject to the condition that the City of
Wheat Ridge, Colorado, has issued unto C & E Communications, Inc.
a building permit which permits the erection of the Sign to be
located on the Leased Premises. Lessee has represented that it has
obtained a valid building permit for the erection of the Sign.
15. Subordination to Mortgage Interest.
Lessee agrees that this Lease is subordinate to all
existing mortgages and shall be subordinate to all future mortgages
under which Lessor is mortgagor provided said mortgage(s) do not
interfere with Lessee's rights under this Lease. Subject to
protecting Lessee's rights under this Lease, Lessor unconditionally
agrees to execute such subordination agreements as existing or
future mortgagees may require as a condition of the mortgage. In
the event of Lessor's default, Lessee shall have the option, but
not the obligation, to cure Lessor's default by making payments
directly to the mortgagee, Lessee shall be entitled to credit such
payment against future rental payments due under the terms of this
Lease.
16. Recording.
Lessee may record this Lease or any memorandum thereof.
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INIT.
17.
Co'_.orado.
18.
Applicable Law.
This Lease shall be governed by the Laws of the State of
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.
LESSORS:
(~ ..
Debra 3,se tearing c%
~~~ ~ ~~~!~?1
Daniel R. Dearing
Address: lL'5~:1 b~' • yam' ~{r/•e ~.~'' ~~
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STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
TAE FOREGC
day of January,
as Lessors.
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Date
/-ay-9~
Date
NG instrument was acknowledged before me thisc2~~
1996, by Debra Lee Dearing and Daniel R. Dearing,
'yam:' 'fA3Y'••
~;~~ em
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~TF O F GD~a\\~~~
i ,
Notary Public ~~
My commission expires: 12/28/97
5
ONiT.
LESSEE:
C & E Communications, Inc.
By: "Chris Cariile, /Prresident / ate
Address: ~~ ~~ (t;.~~.-~ ~ `-~,,. ~ ~~^= '~
-~'r~^ e~,.~, ' e~~ `'i-Ilse 4 _---
STATE OF W ~U ~CZC(U )
ss.
C~~SCOUNTY OF (7er~/e.r' )
CNG instrument was acknowledged before me this ~'t
1996, by Chris Carlile, President of C & E
Inc., as Lessee. /
Notary Public
My commission expires:
ATTEST:
Secretary
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AfyCommissronExpiresNov.23,1998
41017th Stree412rx1 Floet'
Amnet, C4'orafb 80272
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E%HIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY FOR AND CONCERNING
SIGN (BILLBOARD) LEASE
The description of the property leased:
A rectangle parcel described as follows:
Beginning at the Southwest corner of "TH8 FOLLOWING DESCRIBED
PROPERTY", thence East along the South line of "THE FOLLOWING
DESCRIBED PARCEL" a distance of 32.00 feet, then North and parallel
with the West line of "THE FOLLOWING DESCRIBED PARCEL" a distance
of 40.00 feet to the true point of beginning, thence West and
parallel with the South line of the "THE FOLLOWING DESCRIBED
PARCEL'1 to a point on the West line of the "THE FOLLOWING DESCRIBED
PARCEL'0, 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 AB:
"THE FOLLOWING DESCRIBED PARCEL"
A part of the SW 1/4, SE 1/4 of section 16, Township 3 South, Range
69 west of the 6th. P.M., described as: Beginning at a point which
is 789.00 feet East of the Southwest corner of the SE 1/4 of
Section 16, Township 3 South, Range 69 West and 303.5 feet North of
a line parallel with the East line of the SW 1/4, SE 1/4 of Section
16, Township 3 South, Range 69 West; thence, continuing Northerly
along a line parallel to the East line of the SW 1/4, SE 1/4, a
distance of 181.50 feet; thence, East parallel to the South line of
the SW 1/4, SE 1/4, a distance of 299.70 feet; thence, South
parallel to the East line of the SW 1/4, SE 1/4, a distance of
75.75 feet; thence, West parallel to the South line of the SW 1/4,
SE 1/4 a distance of 30.00 feet; thence, South parallel to the East
line of the SW 1/4, SE 1/4 a distance of 75.75 feet; thence East a
distance of 270.30 feet to a point on the East line of the SW 1/4,
SE 1/4; thence, South 30.00 feet along the East line of the SW 1/4,
SE 1/4; thence West parallel to the South line of the SW 1/4, SE
1/4 a distance of 541.00 feet to the point of Beginning, EXCEPT the
East 30.00 feet for roadway purposes, EXCEPT that portion described
as BECKER INDUSTRIAL PARK, and EXCEPT that portion Deeded to the
State.Department of Highways, recorded March 1, 1982 at Reception
No. 82013111, County of Jefferson, State of Colorado.
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PI~U~IVi~ C`~~IS~1N`'
341 l~ln}~ ,J4~ Ip,111S
Pole
LOCATION OF POLE
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Eleven Feet East of West Fence Line and Eight Feet South
of South Line of Proposed Building
ERIiIBIT B
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INIT.
zi
SECT BY:~ROH'\'STEIN HY~TT 1-2-x-96 : 9=44 BHF&S- 3034214309:m 2f 2
POWER LICENSE
DEBRA LEE DEARING and DANIEL R. DEARING, as "Lessor"
under that certain :.ease of even date herewith with C & E
COMMUNICATIONS, INC. as "Lessee" thereunder (the "Lease"), leased
certain premises for the erection of a billboard sign as mare
particularly set forth therein. In consideration of the Lease and
other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Lessor hereby grants to Lessee a
license to obtain and bring electrical power for the sign across
Lessor's property, as described in the Lease, at Lessees sole cost
and expense. This License is co-terminus with the Lease and shall
be assigned therewith, if such Lease is assigned. This License
shall be governed by the laws of the State of Colorado and shall be
attached to and made a part of the Lease.
LESSOR:
Debra ee De in
Dat ,n/-Z~L-LZ~
~~ !C
Daniel R. Dearing
Date: 7 -a.l-! -~I ~o
LESSEE:
C & E
Name:
Its-
Date:
ONS, INC.
6320.7; tfN62.1
Daniel R. Dearing
HIGH COUNTRY AUTO BODY
10501 W. 48th Avenue
Wheat Ridge, Colorado 80033
March 29, 1996
Chris Carlile, 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. Carlile:
I hereby provide you, Chris Carlile, President of C & E Communications, Inc., with
Power of Attorney to file a Variance Application with the City of Wheat Ridge regarding the
billboard sign that you have erected on my property pursuant to the January 24, 1996 Lease
entered into between myself and C & E Communications, Inc. You are hereby authorized to
submit an Application seeking a variance of four (4) feet regarding the setback of the sign from
the property line.
If you have any questions in this regard, please feel free to contact me.
Sincerely, ,
~~~~
Daniel R. Dearing
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
SUBSCRIBED AND SWORN TO before me this~~'`"day of March 1996, by Daniel
R. Dearing.
Witness my official hand and seal.
,~'C~;t~~~• fission expires: // 7
~~ jS E A.~'j
:• G fop NO ARY PUBLIC
1 ~~ `••Q!
s~ ~•OF 00'0
Metro Sign Service
P.O. Box 1029b
Glendale, .~rizona 853I8
(bOZ) 564-7705
April 1, 1996
Glen Gidley. Director
Department of Planning and Development
500 West 29th Avenue
Wheat Ridge, Colorado 8IX13
Re: Billbvurd Sign i.l~cared ut 10501 I~'. 4&tlr Avenue North,
Wheat, Ridge, Cvlorada
Dear Mr. Gidley:
As you know. my company and i installed a sing~el-and 28,1996 nthe~mt ert r located
company, C&E Communications, on or about February , P P Y
at 10501 W. 48th Avenue North, Wheat Ridge, Colorado. Our installation, which I personally
sttpervised, took place over the course of appmzimately twenty-four (~4} hours.
I hereby attest that the following informarion 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 i7'6" deep, and had a diameter of 5';
(ii) the soil at the location of the excavation was ftrm, Backed dirt to a depth of
9-11', and firm, rock and sand soil fmm a depth of i l-i8';
(iii) there was approximately 6" of water at the base of the excavation;
(iv) the Tmal height of the sign, measured fmm ground level N the top of die sign
structure, is 53.4'; the H.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 a6we-descrihed
czcavated hole, which utilized concrete with a strength of 2500 lbs., and a slump
of 5".
Glen Gidley, Director
April 1, 1996
Page
T hereby certify that, in my profcssiona[ 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, inciuding but not limited to the design and
construction of the sign's fcxiter anti the use of special fast-drying cement in the installation of
the sign, satisfied and complied with ail applicable industry standards and the Uniform Building
Code regarding such construction.
Sincerefy,
~~~
Matt Yob
President
STATE OF ARIZONA )
ss.
couNTY oF =~~2ee,~ „2 >
SUBSCRIBED AND SWORN TO before ene this ~ tiay of April 1996, by Matt Yob.
Witness my official hand and seal.
My commission expires: i/~~7~~'G
[SEALI
~ ~
NOTARY PUBLIC
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UNLOADING TIMEALLOWEO IS r0 MINUTES PER YARDlME
TIME IN l7CCE5515 SU&IECTTO CHARGE THE UNDERSIG
AS PURCHASER OA HIS AUTHORIZED REPAESENTA"
RECEIPTS FOR "THIS LOAD OF CONCRETE ANO
INSTRUCTED TFIL DRIVER TO ADO: S ,.N~ •
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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. Colorado
Deaz 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 structure, and have no personal knowledge regazding 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),
regazding 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 stmcture 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. [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:
,o`' pARSTF~'''
C?e G1STE9.e . ~S
:~ 14278 ~;
N9~S~~NA1;~?Q,P~~
~~~i,_OF CO~-~ ~~`~,
HOLLY, ALBER7SON 8c POLK, P.C.
Artovars Ar I,nw
Ddvn war omcs e..,~
Sucrc t0~. Bou.anc t!
1667 Cou ecw.
Cot.mv. CowR..oo 59601
GEORGE ALAN HOLLEY
SC01T D. ALBER756N
DENNIS 8. FOLK
ERIC E. TORGERSEN
TEIOMAS A. WALSH
HOWARD R. SCONE
May 23, 1996
VIA FAR No. 235•-2&57 AND U.S. MAIL
Mr. Glenn Gidley
Director, Planning & Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Re: Variance Applicatloe of C&E CornmuniptioDS, Inc.
Case Nos. WA-96-II aad WA-96-12
Dear Glenn:
PHONE (303}'33.x535
FAX (303} 237.2560
As you are aware, this firm represents Medved Autoplex 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) fast. We have met on several occasions with the representatives of the Applicant, and we
have boon authorized on behalf of Medved Autoplex to advise you that Medved Autopiex hereby
withdraws its opposition to 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
to inform you that they now support the Applicant's request for a variance, on both the set back
issues and the request of the Applicant to have a sign not to exceed forty-one (4l) feet in height.
In light of the information that we have Iearned from the Applicant, we believe that a
height of forty-one (41} feet will be Iess distracting and will better serve the community than a
thirty-two (32) feet height.
Psae 2
Letter to G. Gidl~y
R~: ~ Vsrisneo Application
Casa Noe. WA-96-L1 ~ WA-96-22
Mav Z3. 1996
It is our request that you present this correspondence to the Board of Adjustment as
constituting the position of Medved Autoplez with regard to this sign variance request.
Should you have any questions, please call me.
Sincerely,
HOLLEY; ALBERTSON & POLK, P.C.
~-f- i, 1. 'C ~ /
~L
I}ennis B. Polk
cb
xc: John Medved, Medved Autoplex
w~tvr
VOLANT INCORPORATED
10601 West I- 70 Frontage Road North
Wheat Ridge, CO 80033
May 23, 1996
Vrr1 RACSIMILE: 235-2857
AND US MAII,
Mr. Glenn Gidley
Director, Planning and Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80215
Re: Variance Applications of C&E Comrnunications, Inc.-
Case No,s. WA-96-11 and WA- 92-12
Dear 1VIr. 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 regard to a
billboazd 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 !rave met on
several occasions with the representatives of the Applicant, and I am authorized on behalf
of Volant Inc., to advise you that Volant Ina., hereby withdraws all prior opposition to the
C&E requests for a vaziance, to the extent that the Applicant now seeks a variance for the
681board of a maximum height of forty-one (al) feet. In light of this concession and the
demonstrative cooperative attitude of the Applicant, Volant Inc., hereby informs you that
we now fully support 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)
feet in height.
Vo]antIncorporated,1060I W.1-70 FrontageRd. Narth,YVheatRidge, CO80033LTSA
Phone: (303) 420-3900 FAX: (303) 486_7810
vowrr•
~~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
• wilt be less distracting and will better serve our neighborhood that a thizty-two (32) feet
height. In addition, because of the lacatian 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 o£41 feet.
It is my request that you present this correspondence to the Board of Adjustment
as constituting the position of Volant 7nc., with regazd to this sign variance request.
Should you have any questions, please call me.
Sincere]y,
` Volant Inc.
~'fr~
Craig Chaffee
Vice-President
__
rnr cer or
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
b 7500 west 24th Ave., Wheat Ridge, GO 80033
Phone (303) 237-6944
Applicant CfiE Communications, Inc. Address ortland.oORe 7~0 nr,
:(303) 333-6961
Owner Daniel R. Dearing Address (request")location o£ Phone (303) 424-9514
Location of request 10501 West 48th Avenue North, Wheat Ridge, Colorado
Type of aotien requested (check one ar more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site d®velopment plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone Iine modification
Public Improvement Exception
street vacation
i~7iscellaneous plat
Solid wast® landfill/
mineral extraction permit
^ Other
Detailed Description of request See attached.
List all persons and companies who hold an interest in the described real
prop®rty, as owner, mortgagee, lessee, options®, etc.
NAME ADDRESS
Daniel R. Dearing (Lessor) }501 W. 48th-Avenue North
,
PHONE
(303) 424-9514
I certify that the Information and exhibits herewith submitted are true and
CoT'reCt tp 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 requested action. cannot lawfully be accomplished.
Applicants other than owners must submit power-oP-attorney from the owner
which approved of this action on his behalf. '
Signature of Applicant
Subscribed and
to ~e jt is ~ day
~P. / 17 ;
Notary P~
My cone
~ Receipt Ne.
r.- -
' 19 ~~ -
z expires ~r ( ~ _
Case No.
STATEMENT OF C&E COMMUNICATIONS, INC. IN SUPPORT OF
ADMINISTRATIVE PROCESS APPLICATION REQUESTING MINOR OR
ADMINISTRATIVE VARIANCE FROM "FRONT YARD SETBACK"
REQUIREMENT UNDER CITY OF WHEAT RIDGE ZONING ORDINANCES.
C & E Communications, Inc. ("C&E" or the "Applicant") hereby submits this statement
in support of its Administrative Process Application requesting a Minor or Administrative
Variance from the "front yazd setback" provisions of the City of Wheat Ridge Zoning Code (the
"Application"). C&E is a lessee of a portion of the properly 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. See Sec. 26-6(D)(1)(b). (Exhibit
A). C&E has also obtained letters from concerned property owners adjacent or neaz to the C&E
leasehold interest which state that the property owners have no objection to this Request for a
Minor or Administrative Variance. (Exhibit B).
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 pazcel for commercial
and industrial uses, and presently operates an auto body shop on the property. The property is
bounded on the South by Interstate Highway 70 West, on the North by a PSC Right-of--Way,
on the West by the Volant Company Commercial Warehouse and Manufacturing Operations, and
on the East by additional commercial development.
On January 24, 1996, C&E entered into a Lease with the property owner, Daniel R.
Dearing, in which C&E acquired a leasehold interest in the property for the purpose of erecting
a billboard sign structure on the property. (Exhibit C). The Lease is for a term of twenty (20)
years, and provides C&E with the right to access to the Leased Premises for purposes of
erecting, repairing and maintaining the billboard sign structure.
Pursuant to the foregoing leasehold interest, C&E erected a single pole billboard sign
structure on the property at 10501 W. 48th Avenue North on or about February 27 and 28,
1996. The billboard sign was erected and constructed in full compliance with all applicable
building code and industry standards regarding such structures. (Exhibit D). The billboard sign
structure is presently completed and ready for operation, except for the completion of the
electrical lighting by a certified electrician.
I. Reauest for Varian a Regarding Front Yard Setback.
The City of Wheat Ridge regulates the placement and construction of outdoor advertising
devices, commonly referred to as "billboard signs", pursuant to the Sign Code in Chapter 26,
Article IV, of the Wheat Ridge Zoning Code. Wheat Ridge Zoning Code, Sec. 26-401, et sea.
Pursuant to Sec. 26-412, the City of Wheat Ridge is divided into two separate billboard distracts
-- B-1 and B-2. Sec. 26-412(a)(1). The Applicant's billboard sign is erected on property located
Attachment to C&E Variance Application
Front Yard Setback Variance
June 3, 1996
Page 2
in the Wheat Ridge B-2 District. Under the Wheat Ridge Sign Code, billboard signs erected on
property in the B-2 District are required to have setbacks from the property line "as required for
a principal structure in the zoning district where located." Sec. 26-412(c)(3).
As stated, the property located at 10501 W. 48th Avenue North is zoned P1D. Under
section 26-25(IV)(B)(3)(d), "setback requirements for building adjacent to the perimeter of a
Planned Industrial Development District shall be established using setback regulations set forth
in the Light Industrial District (I)". The Zoning Code provides that structures located in the
Light Industrial District (n shall have a "front yard setback" of "fifty (50) feet minimum." Sec.
26-24(6)(5).
Prior to installation and erection of the billboard sign on the property, C&E obtained a
Building Permit, No. 2449, from the City of Wheat Ridge authorizing the construction of the
billboard sign. (Exhibit E). The permit was issued on December 29, 1995, and provided for
the erection of the billboazd with a "50 foot setback South". C&E and the property owner,
Daniel R. Dearing, were aware of the fifty (50) foot setback requirement and took all steps
possible to comply with the 50 foot setback. At the time of erection of the billboazd sign, C&E
and its construction contractors measured exactly 50 feet from a property pin placed at the
southwest corner of the property marking the property line. The billboard sign was erected so
that leading edge of the sign closest to the property line had exactly a 50 foot setback.
Unbeknownst to C&E or the property owner, the properly pin upon which they relied
in measuring the setback had been incorrectly placed many years ago. It was only after the City
of Wheat Ridge questioned the setback that C&E retained a certified property surveyor to
measure precisely the property lines. After completion of the survey, C&E and the property
owner learned for the first time that the property pin had been incorrectly placed and that the
setback measurements were therefore incorrect.
C&E, at its own expense, hired a certified property surveyor to conduct a survey of the
location and placement of the billboazd sign structure and the property pin. That survey was
completed on April 19, 1996 by Joseph F. Asmus, a certified property surveyor in the State of
Colorado. (Exhibit F). As is evident from the survey, the property pin at the southwest corner
of the Dearing property (from which the billboard setback was measured) was incorrectly placed
approximately 4.62 feet south of the true property line. The effect of this incorrect placement
was to mislead C&E and its construction contractor such that the billboazd sign was erected in
a position where the leading edge of the structure currently has a setback 4.62 feet less than the
fifty (50) setback required under the Wheat Ridge Zoning Code. If the pin had been correctly
placed, C&E and the construction contractor's measurements of the sign placement would have
Attachment to C&E Variance Application
Front Yard Setback Variance
June 3, 1996
Page 3
been correct and the setback for the sign would have been exactly 50 feet, as required by the
permit and the Zoning Code.
C&E hereby requests a Minor Variance from the City of Wheat Ridge allowing the
billboard sign structure placed on the property to have a setback from the front property line of
4.62 feet less than the required 50 foot setback from the property line. The variance sought in
this Application does not exceed ten per cent (10%) of the minimum or maximum standard set
forth under the Wheat Ridge Zoning Code, and therefore qualifies for a minor variance. Sec.
26-6(D)(2)(a)(1). Further, this Application satisfies the Review Criteria set forth in Section 26-
6(D)(2)(c) of the Wheat Ridge Zoning Code governing variances.
II. Review Criteria under Section 26-6(D)(2)tc) for Variance Requests.
This Application, and the facts set forth in this Attachment, substantially comply with and
support the Review Criteria for Variances from the Wheat Ridge Zoning Code, as follows:
1. Can the~rooertXin question~ield a reasonable return in use service of income
if permitted to be used onlyunder the conditions allowed by reeularion for the
District in which it is located?
No. If the billboard sign structure erected by C&E is permitted to be used only under
the conditions allowed by the Zoning Code, the structure will have to be moved or substantially
altered at great expense and hardship to the Applicant. The billboard sign structure cannot yield
a reasonable return in use, service, or income if it is permitted to be used only under the Zoning
Code Regulations. Therefore, the minor variance should be granted in order to allow the
billboard structure to remain located where it is, with a setback from the front property line of
4.62 feet less than the 50 foot requirement, and thereby realize a reasonable return in use,
service and income.
2. Is the nlipht of the owner due to unique circumstances?
Yes. The plight of C&E is due to unique circumstances because the property pin placed
at the corner of the property many years before was placed incorrectly. The Applicant, C&E,
as well as the property owner, Daniel R. Dearing, both relied on the reasonable assumption that
the property pin was placed in the correct location. The measurement of the setback for the
billboard sign was made directly in reliance on the property pin. The plight of the owner is due
to unique circumstances because incorrect placement of the property pin will not occur again,
nor is it a common occurrence on other properties.
Attachment to C&E Variance Application
Front Yard Setback Variance
Tune 3, 1996
Page 4
3. If the variation were granted would it alter the essential character of the locality?
No. Granting the variance requested in this Application would not in any way alter the
essential chazacter of the locality. As stated, this property and all adjoining property is zoned
for Planned Industrial Development. The present uses of all adjoining property involves
commercial and industrial uses, including warehouses and manufacturing plants. A variance
allowing the billboard sign structure of C&E to be located 4.62 feet closer to the front property
line, which virtually abuts Interstate 70 West, would in no way alter the essential chazacter of
the locality.
4.
distinguished from a mere inconvenience if the strict letter of the regulations were
carried out?
Yes. If the strict letter of the regulations were carried out with regazd to this particular
billboard sign structure, the incorrect pin placement on this specific property would result in a
particular hazdship upon the Applicant because it would require relocating the billboard sign
structure at great expense, or altering the configuration of the billboazd sign structure -- which
would greatly diminish the value and business utility of the sign, as well as requiring the sign
to be entirely re-engineered.
5. Would the conditions upon which the petition for a variation is based be
applicable generally to the other property within the same zoning classification?
No. The only situation in which another property within this same zoning classification
would be able to submit a similar application would be if another property owner had undertaken
construction of a structure or billboard sign based upon an incorrectly placed property pin. If
that situation occurred, the conditions of this variance would apply to that request as well.
6. Is the~ur~ose of the variation based exclusively upon a desire to make money out
of the property?
Yes. The billboazd sign structure is a commercial enterprise.
Attachment to C&E Variance Application
Front Yard Setback Variance
June 3, 1996
Page 5
7. Has the alleged difficu~ or hardship been created by any person presently havine
an interest in the property?
No. The difficulty or hardship presented by this Application has been created due to the
incorrect placement of a property pin many yeazs before by a person unknown. It is likely that
the property pin was placed by a property surveyor under the direction or supervision of the
County of Jefferson or the City of Wheat Ridge. Neither the properly owner, Daniel R.
Dearing, nor the Applicant, C&E, had any involvement in the creation of the difficulty or
hazdship which has resulted from the incorrect placement of the property pin.
8. Would the~rantin~ of the variations be detrimental to the public welfare or
iniurious to other property or improvements in the neighborhood in which the
property is located
No. A variance allowing the billboard sign structure to be placed with a setback from
the front property line of 4.62 feet less than fifty (50) feet would not in any way be detrimental
to the public welfare or injurious to other property located in the neighborhood. Granting the
variance of 4.62 feet would only allow the billboazd sign structure to remain slightly closer to
the front property line than 50 feet. The front property line is very close to Interstate 70 West.
The properties adjacent to the property on which the billboazd sign is located are engaged in
commercial and industrial activities, which would not in any way be affected or injured by a
variance allowing the present billboazd sign setback.
9. Would the proposed variation impair the adeouate supply of light and air to
adiacent ~operty or substantially increase the congestion in the public streets or
increase the danger of fire or endan eg r the public safety or substantially diminish
or impair property values within the neighborhood?
No. The proposed variance would not in any way result in a detrimental impact on a
adjacent property or on the neighborhood. The variation would not in any way impair the light
or air of adjacent property, nor injure the general characteristics of the neighborhood. The
variation would only avoid an unnecessary hardship on the Applicant resulting from the improper
placement of the property pin. The requested variance would not increase congestion, fire
dangers, or public safety dangers, nor would it impair or diminish property values.
Attachment to C&E Variance Application
Front Yard Setback Variance
June 3, 1996
Page 6
III. Conclusion.
For the foregoing reasons, the Applicant respectfully requests that the City of Wheat
Ridge grant a Minor Variance to C&E for the billboard sign structure located on the property
at 10501 W. 48th Avenue North to allow a "front yazd setback" from the front property line of
4.62 feet less than the fifty (50) foot setback set forth in the Wheat Ridge Zoning Code.
BROWNSTEIN HYATT FARBER & STRICKLAND, P.C.
39617
INVOICE# INVOICE
DATE DESCRIPTION CLIENT-MATTER
G/Lx AMOUNT
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BROWNSTEIN HYATT FAItBEI? SC STRICIrLA1VD, P.C.
Christopher 7. Melcher
VIA HAND-DELIVERY
ATTORNEYS AT LAW
TWENTY-SECOND FLOOR
410 SEVENTEENTH STREET
DHVVHR, COLORADO 80202-4437
(3031 534-6335
FAX [3031 623-1956
June 4, 1996
Glen Gidley, Director
Department of Planning and Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Dear Mr. Gidley:
WASHINGTON OFFICE
601 PENNSYLVANIA AVENU E. N.W.
SUITE 900
WPBHINGTG N, O.C. 20004
12021 h34-83]]
FAX 12021 393-]864
On behalf of our client, C & E Communications, Inc., enclosed is an Administrative
Process Application fora "minor variance" from the City of Wheat Ridge, pursuant to Section
26-6(D)(2)(a) 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 approval of a 4.62 foot variance from the permitted fifty
(50) foot front property line setback under the relevant ordinance.
Please notify me as soon as you are able to reach a decision on the attached Application.
Thank you for your assistance and cooperation in this regard.
Sincerely,
CJM/jmm
Encl.
BROWNSTEINHY TT F ER & STRICKLAND, P. C.
C nstopher e Cher
cc: C&E Communications, Inc. - w/encl.
Cole Finegan, Esq. - w/encl.
03/29!96
CN-6320
DN-156637.1
TELEPHONE: (303) 234.5900 The City of
7500W~T29THAVENUE • WHEAT RIDGE,COLORAD080215
Wheat
Ridge
June 21, 1496
This is to inform you that Case No. WA-96-20 is a_request for
approval of a 4 62" variance to the required 50' front setback for a billboard
in a Planned Industrial Development zone district
for property located at 10501 W T 70 Frontage Road North (aka W. 48th .Ave)
The applicant is requesting an administrative variance review
which allows no more than a ten percent (l00) variance to be
granted by the Zoning Administrator without need for a public
hearing. Prior to the rendering of a decision, all adjacent
property owners are required to be notified of the request by
certified letter.
If you have any questions or would like to submit .comments
concerning this request, please contact the Planning Division at
235-2848 by Jvly 1 1996
Thank you.
CO
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0 WEST 2~TH AVENUE
\ P.o sox s3a _ _ The Cify bf
-~NHEAT RIDGE. CO 80034-Cc33 (303Y234-5300 ~[ ~ cheat
City Admin. Fax ~ 234-5924 Police Dept. Faz' 235.2949 ~ V'~V idge
POSTING CERTIFICATION
CASE NO. ~' [~'~j~/
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ( " / ~
_. Gltirrs ~, IMeI
n a m e
r
as the applicant for Case No._~~ ~ ~y ~LV hereby certify_
that I have posted-the Notice of Public Hearing at _ _
on this `~~ day of SV~,Q~ 19 ~~,-and do
hereby certi at said sign has been posted and remained in place
-kh, ~~a
for_f' days prior to and including the scheduled day of
Signature: ~Q ~~.
NOTE: This form must be submitted at the. public hearing on this case
and will be placed in the applicant's case file. at the
Department of Planninc and Development:
public hearing of -this case. The sign was posted in the position
shown on the map below.
<pc>po
rev. 0.
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_.
___.~
7500 WEST 29TH AVENUE
?I1E ('~;Y .,
WHEAT RIDGE. CO 8D215-6797 (303) 234-5900 ~Whe at
City Admin. Fax :234-5924 Police Dept. Fax ~ 235-2949 Ridge
FINDINGS OF FACT & ADMINISTRATIVE DETERMINATION
CASE: WA-96-20
LOCATION: 10501 W. I-70 Frontage Road North (aka W. 48th
Avenue)
REQIIEST: Setback variance of 4.62 feet to the 50 foot
frontyard setback requirement in a Planned Industrial
Development Zone.
APPLICANT: C & E Communications
4926 SW Corbett #2205
Portland, OR 97201
Christopher S. Melcher, (Attorney in Fact)
Brownstein, Hyatt, and Strickland, P.C.
22nd Floor
410 - 17th Street
Denver, CO 80202
WHEREAS, Wheat Ridge Code of Laws Section 26-6(D) set forth
specific procedures and requirements for applications
for VARIANCES, including specific procedures relating
to "Minor Variances", and
WHEREAS, Applicant, C & E Communications has made an
application for a minor variance asking for a 45.38
foot frontyard setback for a billboard where 50
feet is required; and
WHEREAS, I, Meredith Reckert, am the Acting Zoning
Administrator charged with the responsibility to
review minor variance applications for compliance
with Wheat Ridge Code Section 26-6(D)(2)(a).
NOW, THEREFORE, I, Meredith Reckert, Acting Zoning Administrator
make the following Findings of Fact and Determination:
1. The application for a 4.62 foot frontyard setback
variance does not exceed 10°s, therefore may be
considered a minor variance.
WA-96-20/Fiadiags of Fact
Page 2
2. Letter Notice to adjacent property owners and
site posting notice occurred as required by
law.
3. No protests were received regarding the variance request.
4. Staff concludes that the criteria used to evaluate a
variance application support approval of this request.
Based upon the findings stated above, I hereby approve the minor
variance application as submitted.
Meredith Reckert,
Acting Director of Planning & Development
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