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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 yos9 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. ~~'- l .-.~._ :~ OSV;T ', . ~y.~ ,~~~ 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. ~! ` ', 2 ' ~ \~~ j JtW3F. 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. ,~~ ~ ~~' 3 ,~ `.,....r. - i '~_...~ ~' lam' '. ,.!!T. 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. ;. .' ~~ , .._ I r ,,~ I ~. fyy ~'' ' b:v,.., 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 ~.~'' ~~ J ' STATE OF COLORADO ) ss. COUNTY OF JEFFERSON ) TAE FOREGC day of January, as Lessors. r i~~ ... ,__z y~~; Date /-ay-9~ Date NG instrument was acknowledged before me thisc2~~ 1996, by Debra Lee Dearing and Daniel R. Dearing, 'yam:' 'fA3Y'•• ~;~~ em ~ ~': P 8~-G'' o° ? ' •. .• c G ~~ ~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 ---~ __ I ~ij ~ . _. ; ,~: F< 6 AfyCommissronExpiresNov.23,1998 41017th Stree412rx1 Floet' Amnet, C4'orafb 80272 ~ 'G;/) tN1T. 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. ..-- '... ~- v A )'.:: ,~~ ~~~ ~~ tr::r. ~~~ ~C,NC~ PI~U~IVi~ C`~~IS~1N`' 341 l~ln}~ ,J4~ Ip,111S Pole LOCATION OF POLE ,~~ ~3f r. \`~ ~~ ~~~'' dhi(7. Eleven Feet East of West Fence Line and Eight Feet South of South Line of Proposed Building ERIiIBIT B ~Yft_ 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 ouwn6 C34632U nN•15681A.I 1 _ fY-n - -~Si~ 'vrt[,'~y:~j'r ~-~ ,}. ~ELIYEAY TECKS!' .. - 'Z" - >r>~ = 3~ ~`• ~ . -,-.. R s' '4 ~ .. ~ i Irr; ~ z \ r 'm`fr,-• ' . 1.WLW0 AOCAL35. PD 80X 8200 ~ CHOER CALL Tf4-t3]9 OFFICE t]dR 8. ACr11fA a vsf :~ ~ y' , , F ~t ,f~~FytNER: CO a020B -~~ G'1CE TRQfi8 ',~r,~ O@NEA CO BOR29 1. ° ~ 692Bc: .a OATEO~ri~B'/9$ TICKEr PFINT^rdE :4i'-J~ ~Afr. ~. ~-- .,Mti, ~1' '-'-~~ s mar s: _. >.. ~ :•~'~'~ _ H l+d~r01 4-.. =+$TEi'',~VE. _ P .z 14~~..::._: ODl:3 METRO' SIGNS _ •' p Order s:00g= =roject =. 1 LEAVEP~,,aNr .,. Boa -. - ,` ; ~'~,•; ., T ReouesceD JrdEr ~:an Tme i {00 ' :' , 4' ~"~, e : }" ' :" ..in., ' ~ 'c'.-' -' 8EG!N POUR ~`- - POUR 7 :a ,-~^ t?'` .~'~ D eauestea Scz: c?00`~NE '.tS=H ~ ° ~'7'': y`. Y0.5;MTA5. iH15 LOAD IrC ~Ar:4C5~Lfine.-INf',tZn(ffaTHlS t-AO110n1Ta5.utri -'_-~ -_uP OROEREOS - :ALEarAAN 'COO LEAVE lCi3 Pf1tNi 5:00 ~ •3r.OJ0" ~ 10.'J2 ~.0 , REGGFE IYESi~ .. :-'4`'.t. '.,,i',~ `,~'": eD.HUaaEEZ. smuoct - >, ~---,olwex ~ PIJhT IatmceL. t _aROEAnPE ~ ".. <-.s-..,;~r.•-y° ,.: ' ftlATT 314,9-} ~J,.3b9 j ...t'•~r3129 X701 ~,1 I -{,~2A0 ~~,.. - ._.,;;~;~+-; 'A°• cPC•r'" L INSTF' ~C'IONS ,' . w. ~,~ . , :~ ~, r ~ ~7.~ ' rte.. ~'~_,. .d s f ~ .. .'"p' ~ +r ....._ at~r•K•- PR`s~ Ci DR3'VER CA•~•af-*~w~• '~ Jl ~ ~"' ; 'sY'("- NO CNE£Y.S'. ! T'...-.v ~'~` ~.~ ,T' ~~'~,, yfr` , ' ~ ': ~' ~' y;.. ~. La HIG COUNTRY AUTrJ, SODY ~' ~ , °'~' .. ~ r.. ..,_ .: Mix umber E ~'.~:8+:~~Lb' uc Escne:;on , : uc nca I ount.. ,-.:,:.r ~50-B-QrB u::: ~"'aK 3i 4" F.:~ ..,, .. Ptroduct Code'+ i : >~-~ ' ucs.Name Quanmv f'a'!±,Proauct Price ; - :~ Amount. _r'.-:. -~ M:. ' CC1 ~~:. - ~ LCI CHLGRIDE ~ ~' w 0@ - }.'s@ ' ~' ~ t 7~0 _ = ~~. yl ! j ~ +y+4 SJ.. ~'* ~ ~ fie ll'~c ~'~ ~,.i ~_x' T„-, .~ :< ~.. ~ . . 7 ~`.~ . . .'jy.47' ~'7F ~'. T'1+~a~M..~•1~` lll'}}""' y ~ .-/~ ~^ ~ ~ i ~"r-"r .~ t ,'~{~ yip ``. w ~ t e ~.+.:1'1' /.J ! _ t_'./'t i 4 J 5 c _ t SUBTOTAL -,3,3g:'~ ~' TAX .~. .. r_ , rs - ':.a24 3. ~.. . GRAND TOTAL '~''347~?3 "' tam Insoeam I Cyllntlem taken , ,' ~YESI NO YES I NO - ' ;~`!. AE %' Siump'~-; ' •~.:,: 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~ • .GN.SILTRS. for ' . •. ' ~' YOS/MTF GALSILTRS.Ior ••..'._ YDS~MTF GALSILTRS.!cr ~~~-'~~ Demege Walver ~ ` ~'. ~ ~ Gutlon: Freshly mlxm cement, mot- . Ci}STOMEA ISALLOWED '- - '' ~ MINUTE UNlOAO ! Out tlnvers wdl make every edort to place materiel whero the sus- I !arwoncrote, ar grout may cause akin .. ". ~ ; _s.-'~'~.'j~,( .._,,; ~ - tomer eesgnates, aut the Company aseumea no rospaaelblllty sort v~tay. AVOItl contact wuh stun whero A CHARGE OF S ~ =y -`- "i'ER MIN damages Insure of cum or property Ilne or where cur tlmer feels i ooe^bte antl wash exposed Wrin areas WIIt 8E ADDED FOR EXCESS TIME damage ro: :: ~. ~ :' .a°. ~ YrtrrlPdY wnh wage It arty cameo[ mot. c x -, . tumget mto.the eye, nose rmmetllata- ~'' ~'X ~ ~ ;t a rosy occur ~ -' $r I h':tmd rebeatty Jwlth weter~and g .~ ^ prompt mearat'aVttenuon. Keep out ot, ~~ . X a t.:-:... ~., ..j Reeeh of ChIIE~en. '=j- 4a,,. ~x~ Sltlnature "' 1 X •'r~ + CySTOMER SIGNATURE , .. 'l .- _ `r~ ~ _ ".r ~ ,s~ ~ :" r.: t i^ f~37DMS4'f(;+~~FY ~~ ;.: . -: Gt. T 'wmaSt"~~..hr,.:cs+3 ~•. '~`.` I *:i c,~, ......~~-.. _ ~. _ t _ T .#,y~' .. DELVEAY T r ..3 ,,. •' MALJNG A00RE55: P.O. 80X 92W . lD ORDEA CALL 74a-7578 : OFFICE: 77055:$~pMA6i~ ~~p.,~~ DENVER. CO 80209 OFFICE: 777.7058 ~ OENVER. C~O'BOT17, t :I y{jfy, I _ --~ V ~^tl6c'p$7 DATEO'~/28/r?FA TiCXETPRINTTIIAE 15:00 ~ '-~"'Y. ~ ,•~~:YI' -` Cpstomer n: '99Z ~ ' ~ . ;~• \... L :.a :... ~,.... s :0501 W. 48TH =fVE. 115ldEi ~{ H - GODL~ METRG =ZGNS POrderx:0~95 Prt7fect;: i ~ ~ LEAVEPL;Nr AFiRIVE.lOe Requested Crder Start Tme 1544 I T BEGIN POUR - POUR O DENUE° _ ED 80155 iReauested?Darna ~~10E8NE 15-I-i ~ /) I =~~~~"'~`~ vosirArRS Pr115 LOAD IrC'}L :::.]IpLi WCI3lOWU'rH1S I.OADI7 •ALY05.4rR5 iNS tPL_ ' _,1JYP.OPDERED 1 iKESMAN C00 R~ ARfiNEPt~T' s. 00 '• 10.00 " I 10.130 - s. s fREGGIE NES~~ ' ~ -'~~-'.'.r~'?>' P.O. NUMSEA :~UCJ(t ~ ~'•;v.: .. CiWER t PUNT ItA%COrPI.. .OM£A TYPE ~t~- .:`,.iyrio:..-„y~-:. MATT 309-i I 343' I °44880 1701 ~;'I I 2A0 `--~ `, ',, ="'~". atatx• PAYING L'RItlER Cases*~'K'*'x• ip HZGH COUN `F'% FUTO S;DY '~~K • j ~ /' `•+;~, 1 3 / 7r 73 -~:A~c. i Mix Numoer I r rk-.I Ix escnoucn ~ Ot nce= _ ant -fir..:` as0--r-`-'Z18 I 5'SK 3/4" 'aZR "'s I 65.~ ~ ~~:c^.~:50 Product Code L.L --±=isProduct Name .r,0uannty I Proaucs Price i -Amount 4¢. CC1 "'CALCIUM CHLORIDE 8.00 ~ 1'. S0 `gym _=~', -.~~~ 1 . - ~. T .. nIC ,~ }. '_ .., ~ i - - _ _ SUBTOTAL 335. 00 - TAX .... 12.7 '•_=' GRAND TOTAL , 46 .~; •;S'Da6 kl;perYed CVIIMers taken YE NOi I YES ~ NO ~ AE. q. ~~ a , ~ ~~ ; -,y-:do-:, UNLOADING 7IMEALLOWE 1St MINCiES$ER YAROIME TIM IN ESS IS 5 H:~RGE~H E UNDERSIG A~~{~Oft tES b RIZSD P{EPRESFSITA~ RECEf TS FO _t.,THIS LOAD OF CON04ETE ANO •_ INSTAUEfEO THE ORIVEft TO ADO: +.~(J~,r`'j('(ti~y`~~i!` GALS1LiRS. for _ ~ .. •Y '~.. _. ~ALS TAS.'~r "~S•~ ~~ il GILLS~LTRS. for ~'YaS1Mf7 CUSTOMEfl IS ALLOWED ~ ~~ MINUfE Dawge WUver ~ ~ on: Freshty mixed Cement, mat- -~'"'~fiT~ ;, "~ ~ UNLOAD' =-'s+. Our dnvers wdl mafu every edort to platuF metenal where the cus• r~ donprete. or grout may cause akin t M1y +=;,~,%; .,. comer desgnates. our Na Company assumes no respposlhility far ~ inidq/., Avoid comas with skin when A CHARGE OF 5 '.PER MIN damages inside of cum or oroparty Iine. or wnerc our driver feels I . A ~ pdaas]le and wash exposed skin areas :WILL BEi4DOm EDR EXC SS ME ~~ damage w: ~ promptly wim waror. If arty eemem mK- I „-~ri,.,'r,L ~'`~'" arras gar into the eye, rinse immadlate. '-~ may owr - ~ c ty and reoeady wah water and get ,, ~•x'~.11 ~ Prompt medlrat attenvon. Keep ourof ! K 1" - l~~ - X Raaeh of Ctrlltlnn. ... ~ y , VVV`~~~ s . S are ' /~~ ' r; ~ i19'COMER SIGNATURE ~ -- .... - u .y,~.~ ~y~ I .t '~ T yy ~{~ty~ i/! QM ~ ~ . ~ Sri ~~ 7 ~ ~~'(; ~ ..... ~~ - ~ t'.' : ~•}... _a .ti: 3~U'-N'.4~-.~•e .sC'.~.... .sl•n~~l.:.-^~19~YY~Y.~i:. d_Tia.~µ.,~lc.::•~y.: .t' ".: ..e':~ 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. 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Z m 0 NO 200 Z D D O 1 f 7 N QD (n 000 -i 2 0 000-1 (110 ~ G] O' 00 -f £ 2 om~m zxm A ~ r r A 0D D OrC2 mUl-ir~~1mZ0 ~ v z irmomm c <Znc1 m ~ ~ c a -oro- nm v ° ° c i °mc za v1 -lmvm -~ c ,~ ~ .. xo~ooozo mzm~~aclm n m z C] a m MO W ~ I 4' T I 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. 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D v ~? . S I ~O W ° ~ n o ~ m - g -~ ~~ ~ K~ m a ~ N ~, a ~~nz nA s _ __ 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. +~ -- ~~ o ?1 ~~ ~~ ~~ ~~ _. ___.~ 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 FA-xE D 7"0 ~Z3~ l ~lSb ~ ~~~y an~1r ~ 7/z~~i~ ~~ ~J~~ ~~~v ~ To ~X Oat ~ Time ~ ~ PM M ~ C, of rr ~~ ' _ _ Area Cade Number Extension TELE~ONED PLEASE CALF. CALLEDTEDSEEYOU WILLCAL[AGAIN WANTS TO SEEYOU ~ URGEN7 ~ ttttUKNEDYOURCALL Message -- - - ~ -- - _ !2~ ~ ~ l~lY1/Ji , / ~. AM?AD siEOa~Ea > EFFIUENQ'~ ,vza~oaa