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ADMINISTRATIVE FROCESS APPLICATION
Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Mile High Outdoor Address 9745 E. Ham den, #200 Phone303/368-9497
enver, CO 80231 phone 3D3/442-7111
owner Robert Vermillion (Lessor) Address632 Gold Run $030
ou er,
Location of request Billboard Lot 1 Block 2 Lakemont Ctr Subdvsn W I-70_,__Wh.B]dge
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
** See attached procedural guide
for specific requirements.
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Detailed Description of request Variance reouested for height or outiooor aover~in-
ino device to remain at 43 feet. due to unavoidable top4.gx3phical conditions in existence
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME LeSSee/__ADDRESS PHONE
- ---- - .. ~-- ,~.,~~ - r,_-..,.,~ rn Ana i~a
1 OJL Uuiu nu ~u. - --- _- - -=_
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this actio~ n YES b~~~ j ~r {~ .~ ,1_~`D~~
Signature of Applicant Chris J. Me cherey for-Mi e High C
Subscribed and sworn to me this, f~jday of ~JGL 19
SEAL
Lary ruu.~lc:
' My Commission Expire:.
My commission expires 1/08(2000
late-Received Receipt No. Case No.
*** -- 6escription of Variance Request to be Supplemented 5y Memorandum in Support of
Request, to be submitted by Chris J. Melcher on or before December 31, 1996..
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ADVERTISING
2502 North Black Canyon Highway, Phoenix, Arizona 85009 • (602) 246-9569 • Fax (602) 433-2482
December 12, 1995
Mr- Glen Gidley
Director
Department of Planning & Development
CITY OF WHEAT RIDGE
7500 W. 29th Avenue
Wheat Ridge, Colorado 80215
Re: Billboard Applications
Dear Mr. Gidley:
Chris Carlile of C & E Communications is authorized to represent
our company in the following matters.
Outdoor Systems will remove the second of our rantedla pe amit rto
7701 W. 44th avenue in exchange for being g
install a billboard in December 1995 at the north side of I-70 west
of Tabor on the Lakemont Center property.
Yours,
V `-' -"-i
Robert M. Reade
Real Estate Director
CITY OF ;NHEAT~R~iDG~
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1
.,,';~ : 3 DEVELOPMENT
Phoenix Tucson Denver Houston Atlanta Columbus Louisville New Orleans New York City
MEMORANDUM OF MILE HIGH OUTDOOR ADVERTISING IN SUPPORT OF
AN APPLICATION REQUESTING A VARIANCE FROM THE "SIGN HEIGHT"
RESTRICTIONS IN THE CITY OF WHEAT RIDGE ZONING ORDINANCE
Mile High Outdoor Advertising ("Mile High" or the "Applicant") hereby submits
this Memorandum in support if its Application for a Variance from the "sign height"
provisions of the City of Wheat Ridge Zoning Code (the "Application"). Mile High is
the current lessee of a portion of the property located at 4801 Tabor Street, situated
within the municipal boundaries of the City of Wheat Ridge, Jefferson County, State
of Colorado. The property at 4801 Tabor is located adjacent to(and bounded on its
southern border by) Highway I-70 Westbound, and is surrounded by commercial and
industrial property. Mile High acquired leasehold rights for the 4801 Tabor Street
property and an ownership interest in an outdoor advertising sign located on the
property in Fal] 1996 from the original lessee of the property and owner of the outdoor
sign, Outdoor Systems Advertising.
In late 1995 and early 1996, Outdoor Systems Advertising obtained an outdoor
advertising sign permit from Glen Gidley, Director of the Department of Planning and
Development, to construct an outdoor sign on the 4801 Tabor Street property. Also at
that time, Outdoor Systems Advertising entered into a Lease with the property owner,
Robert Vermillion, in which Outdoor Systems Advertising acquired a leasehold
interest in the 4801 Tabor Street property for the purpose efassreandg ovided Outdoor
on the property. The Lease Term was for twenty (20) y p
Systems Advertising with the right of access to the Leased Premises for the purposes
of erecting, repairing and maintaining the outdoor sign structure. Soon after,
Outdoor Advertising erected a single-pole sign structure on the property in full
compliance with all engineering and industry safety standards, and placed the sign
into service.
In Fall 1996, Outdoor Advertising sold the 4801 Tabor Street sign structure,
along with the Leasehold rights on the 4801 Tabor Street property (the Lease at all
times has been with property owner Robert Vermillion), to Mile High. Mile High
assumed ownership of the sign in its current condition, and has not as of this date
made any changes to the sign structure pending a decision on this Application.
I. Request for Variance Regarding Height of Outdoor Sign Structure
The City of Wheat Ridge regulates the placement and construction of outdoor
advertising devices, or 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 se Pursuant
to Sec. 26-412 of the Sign Code, Wheat Ridge is divided into two separate billboard
sign districts known as the B-1 and B-2 districts. Sec. 26-412(a)(1). The Applicant's
sign is currently located in the B-2 District.
Under the Wheat Ridge Sign Code, "freestanding" outdoor signs for retail and
service businesses located in nonresidential districts, and close to a highway, are
permitted to be up to fifty (50) feet high. Sec. 26-410(E)(1). Other outdoor
advertising signs close to a highway, which advertise for other purposes, aze limited
to thirty-two (32) feet in height. The Mile High sign has been measured by the
Depaztment of Planning and Development from the base of the sign to the top of the
structure as having a height of 41.7 feet, 9.7 feet over the height allowed for "other"
freestanding signs. It should be noted that there is a freestanding "retail" sign
with a height of approximately 50 feet that is within 1/4 mile of the Mile High .sign,
east of its location and also located adjacent to I-70 West.
Applicant requests that the Boazd of Adjustment grant the Application of Mile
High for a Variance of 9.7 feet in height for the sign located at 4801 Tabor Street for
the following reasons:
First, unavoidable flooding during construction of the sign by the original
owners caused the sign to exceed permissible height; a variance in this case would
accommodate the new owner's (Mile High's) legitimate business concerns and not harm
the surrounding azea.
As stated, the 4801 Tabor Street sign was originally permitted and erected by
Outdoor Systems Advertising, which sold the sign to Mile High. It is the
understanding of Mile High, which has been repeated in conversations with officials
from the Depaztment of Planning and Development, that the current excess height of the
4801 Tabor Street sign is a result of the original construction process. The 4801
Tabor Street sign is built in between two ponds, or lakes, located on the 4801 Tabor
Street property. The current location of the sign, immediately adjacent to one of the
two ponds, was the only permissible location on the property. During the original
construction of the sign by Outdoor Systems, the hole that was excavated to hold the
concrete base of the sign structure suffered significant flooding at a depth of 9-10
feet. Because of the flooding, the excavation could not reach the full expected
depth. Rather, the construction crew was forced to immediately insert a concrete
caisson, or special concrete footing, in order to stop the flooding and erect the
sign. The construction of the sign was completed in compliance with all safety and
industry standards. However, because of the unique topographical characteristics
of the property, the sign was forced to be erected at a greater height than intended.
The new owners of the sign, Applicant Mile High, should not be forced to undergo
the great expense and hardship which would be required to eliminate the unintentional
excess height of 9.7 feet. Reducing the height of the sign would likely require
either: (1) removing the structure altogether and trying to reset the foundation at
a lower depth despite the flooding problems; or (2) trying to secure the sign
structure with an extremely long crane or a helicopter (because of the situation of
the two ponds) while reducing height in the sign pole and re-attaching the structure.
Both "remedies" would be extremely expensive, would operate. to punish the new sign
owner, and would not achieve any improvement in the surrounding areas -- which are
currently developed as commercial/industrial areas, and already have several signs
over•40 feet in height.
Second, the "true" height of the sign is less than 41.7 feet because the base of
the sign is well below the I-70 West roadway, and future development of the property
will raise the "ground level" around the sign to reduce its overall height.
Therefore, a variance allowing the sign to remain at its current height will not hazm
the surrounding area.
The current measurement of the 4801 Tabor Street sign, 41.7 feet, measures the
sign from the ground at the base of the structure to the top of the sign. The
measurement does not acknowledge that the sign base is several feet below the nearest
neighboring property -- the roadway for Westbound I-70. A measurement of the sign
height using the level of the I-70 roadway would decrease the height of the sign
significantly. Mile High is currently attempting to have a surveyor measure the
height of the sign taking into account the level of the roadway. Mile High will make
every effort to have those measurements available for the Boazd of Adjustment Heazing
on February 27, 1997.
In addition, as is obvious from current advertisements on the property by the
property owner, Robert Vermillion, the 4801 Tabor Street property is being marketed
for development in the near future for commercial and/or industrial purposes. Any
future development of the property will require the construction and installation of
some form of footing or base upon which to build. The construction of a footing or base
for future development will necessarily raise the "ground level" of the property
surrounding the base of the Mile High sign, and will thereby reduce the overall
height. Future development of the 4801 Tabor Street property may therefore "reduce"
the height of the sign to 32 feet, or less, depending on the type of construction. A
variance at this time (even if for a limited period of one or two years) would properly
balance the interests of the City and the new owner, Mile High, and avoid what might
turn out to be an unnecessary reduction in the height of the sign.
In addition to the foregoing, this Application also satisfies the Review
Criteria set forth in Section 26-6(D)(2)(c) of the Wheat Ridge Code:
II. Review Criteria under Section 26-6(D)(2)(c) for Variance Requests
The Mile High Application for a Variance from the height restrictions on the
4801 Tabor Street sign, and the facts set forth in this Memorandum, satisfy the Review
Criteria for Granting Variances from the Wheat Ridge Zoning Code and argue in favor
of granting this Application:
1.
rPaulation for the District in which it is located?
No. The property in question, the leasehold interest of Mile High in the 4801
Tabor Street property, cannot yield a reasonable return if the sign is not allowed to
remain at its current height because any efforts to reduce the height of sign would be
extremely expensive and burdensome. Reducing the height of the sign would likely
require either: (1) removing the structure altogether and trying to reset the
foundation at a lower depth despite the flooding problems; or (2) trying to secure the
sign structure with an extremely long crane or a helicopter (because of the situation
of the two ponds) while reducing height in the sign pole and re-attaching the
structure. Both "remedies" would punish the new sign owner, and would be so expensive
as to increase the chances of eliminating the current use of the property for a sign
structure. Furthermore, a reduction in this sign's height would not improve the
surrounding azeas, which aze commercial/industrial and already have several signs
over 40 feet in height.
2. Is the plieht of the owner due to unique circumstances?
Yes. As stated, the current excess height of this sign is due to a unique
topographical condition of the property -- the existence of two ponds covering a
majority of the property. These two ponds created extreme flooding during the
construction of this sign by the original owners, Outdoor Systems Advertising, and
prevented the base of the sign from being installed at its original intended depth.
3. if the variation were ranted would it alter the essential character of
the locality?
No. The surrounding locality is either undeveloped vacant property, or
contains commercial/industrial development. Furthermore, the locality includes a
major highway (I-70 Westbound), and already contains several signs with heights well
in excess of 40 feet.
4. Would the particular physical surrounding shape or tvpop_ranhical
condition of the specific property involved result m a particulaz
hardshi u on the owner as distinguished from a mere mconvemence ~f
the strict letter of the regulations were carried out?
Y'es. The existence of the two ponds on the property would create a particular
hardship on both the sign owner, Mile High, and the property owner, Robert Vermillion
if the strict letter of regulations were carried out. If the variance is not granted,
it is likely that any attempts to lower the sign would be extremely expensive and
difficult for Mile High. This expense, a hazdship in itself, also raises the
possibility that the sign would have to be removed altogether, which would result in
the property owner, Robert Vermillion, losing any income paid to him by Mile High for
this type of use of his property.
5. Would the conditions u on which the etition for a variation is based be
applicable generally to the other property within the same zoning
classification?
No, unless the other property had extreme water conditions affecting its use.
This variance is necessary to alleviate unique hardships for this property resulting
from the topographical conditions. If other nearby property had similar unique
topographical conditions, it would qualify for a similar variance.
6. Is the purpose of the variation based exclusivel,~pon a desire to make
monev out of the property?
Yes.
7. Has the alleged difficulty or hardship been created b~~person
presentl having an interest in the property
No.
8. Would the rantine of the variations be detrimental to the un blic
welfare or injurious to other property or improvements in the
neighborhood in which the property is located?
No. The "neighborhood" in which this sign is located contains commercial and
industrial development, is located next to a major highway, and already has several
signs well over 40 feet in height. This variance would not have any negative impact
on the neighborhood or its current uses.
9. Would the proposed variation impair the adequate supply of light and air
to adjacent property or substantially increase the congestion in the
public streets or increase the dander of fire or endanger the public
safety or substantially diminish or impair property values within the
neighborhood?
No. The "neighborhood" in which this sign is located is commercial/industrial,
located next to a major highway, and already has several signs well over 40 feet in
height. The only immediate "neighbors" to this sign are undeveloped lots of property,
I-70 Westbound, and a highway overramp that crosses I-70. This variance would not
have any negative impact on the adequate supply of light and air of any adjacent
property, or any negative impact on congestion, fire safety, public safety, or
property values within the neighborhood.
III. Conclusion
For the foregoing reasons, the Applicant respectfully requests that the City
of Wheat Ridge Board of Adjustment grant this Application for a Variance of 9.7 feet
from the height restrictions set forth in the Sign Code of the Wheat Ridge Zoning Code,
and allow the sign structure located at 4801 Tabor Street, Wheat Ridge, Colorado to
remain at its current height.
NOTICE OF PUBLIC.HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on February 27, 1997, at 7:30
p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the public hearing or
submit written comments. The following petition shall be heard:
1. Case No. WA-97-1: An application by Mile High Outdoor for
approval of an 11' billboard height variance to .the maximum
32' billboard height requirement to allow an existing
billboard. The property is zoned Planned Industrial
Development and located at 11941-B W_ I-70 Frontage Road
North.
,.
Mary o "hapla, Sec tart'
ATTEST:
Wanda Sang, City Clerk
To be published: February 7, 1997
Wheat Ridge Transcript
CITY OF WHEAT RIDGE-BOARD OF ADJUSTMENT
A G E N D A
Notice is.hereby given of a public hearing to be held .before the __
City of wheat Ridge Board of Adjustment on February 27, 1997 at
7:30 P.M., 7500 West 29th Avenue, Wheat Ridge„ Colorado.
1. CALL THE MEETING TO ORDER
2. APPROVE THE ORDER OF THE AGENDA
3. PUBLIC FORUM (this is the time for anyone to speak on any
subject not appearing on the agenda).
4. PUBLIC HEARING
A C^^,P No PIA-q7-1: An application by Mile High Outdoor for
approval of an 11' billboard height variance to the maximum
32' billboard height requirement to allow an existing
billboard. The property is zoned Planned Industrial
Development and located at 11941-B W. I-70 Frontage Road
North.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
A. Update on study session date.
q. vo you wartir 'm cc-Fn.rtil~ n~nrt[~ ~[~tr~? (,:§o p K./ ?:oo ~-.w
7. NEW BUSINESS
A. Approval of Minutes: January 23, 1997
$. ADJOURNMENT
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: February 27, 1997 DATE PREPARED:February 21, 1997
CASE NO. & NAME: WA-97-1 /Mile High Outdoor Co. CASE MANAGER: Sean McCartney
ACTION REQUESTED: 9'-7" billboard height variance to the 32' maximum billboard height requirement
LOCATION OF REQUEST: 11941-B West 1-70 Frontage Road, North aka 4801 Tabor Street
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: 10.9 Acres
PRESENT ZONING: Planned Industrial Development
PRESENT LAND USE: Vacant (pond)
February 7, 1997
February 16, 1997
February 16, 1997
( )
SURROUNDING ZONING: W: Planned Industrial Development, Light Industrial, and Agricultural-Two, E:
Planned Commercial Development and Agricultural-One N:Planned Industrial Development, and S:
Agricultural-One
SURROUNDING LAND USE: N' Office and Proffessional W: Vacant (pond), E: Retirement Residential,
and $: Interstate-Seventy Highway
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST:
RELATED CORRESPONDENCE: (XX )
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN
(XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
Mile High Outdoor Co.
9745 East Hampden Ave. #200
Denver, CO 80231
Robert Vermillion
632 Gold Run Rd.
Boulder, CO 80302
(XX) NOT REQUIRED
( )NONE
(XX) -CASE FILE & PACKET MATERIALS
(XX) EXHIBITS
( )OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
I. REQUEST
Board of Adjustment Staff Report Page 2
Case No. WA-97-1
The applicant is requesting the approval of a 9'-7" billboard height variance to the 32' maximum billboard
height requirement. Approval of this request would allow the existence of the 41'-7" billboard.
li. SITE
The existing 41'-7" billboard is located on a small strip of land between to existing ponds. The pond on the
east of the billboard is part off a Planned Commercial Development known as Lakemont Center. There have
been several development amendments to the site to the north but staff has yet to receive any development
proposals for future development on the lake site to the south of the Frontage road.
The-lake to the west is owned by the City of Arvada and is used to supplement their water supply. The west
lake is also designated as open space and managed for public fishing. There are no known plans or future
proposals for development on the west lake.
Both of the lakes contain existing vegetation, but are predominately open to view along the freeway.
III. HISTORY
The placement of the billboard began with the application of a building permit by Chris Carlisle,
representative of C and E Communications. Issuance of the permit was based on the condition that a
billboard was to be removed from 7701 West 44th Avenue and relocated to the subject site at 11941-b West
I-70 Frontage Road North. Upon proof of the demolition of the billboard at 7701 West 44th Avenue, the
applicant, Mr. Carlisle, was informed, per a written statement, that the billboard must meet all of the
development regulation established in section 26-412 of the Wheat Ridge Code of Laws (see exhibit °A").
Stated within this section is the maximum height requirement of 32' for billboard structures (section 26-412
(c)(4)). Mr. Carlisle was informed that the overall height of the billboard was to be measured from finished
grade. Mr. Carlisle agreed to comply with the specified development regulations and the building permit was
issued. The issue date was December 13, 1995 (see exhibit "F").
During the next four months, the billboard was erected. Because of a past problem that the Wheat Ridge
Planning Department has had with C and E Communication and Chris Carlisle erecting another billboard
in violation of the height requirements, city staff had the 11941-b West I-70 Frontage Road North billboard
surveyed. The survey showed that the billboard was in fact in excess of 32' in height. On April 22, 1996,
Susan Ellis, Code Enforcement Supervisor, issued a summons to court for a set court date of May 5, 1996.
After several court appearances and extensions to court dates the owner wanted an additional survey taken.
On June 5, 1996, a city survey team was sent out to survey the height of the billboard. It was determined
that the overall height of the billboard was still in excess of 32'.
Because of a dispute between the city survey and the owners survey of the billboard, on August 1, 1996,
Susan Ellis and Sean McCartney met out at the site to physically measure the billboard. Charlie Behrend,
who was the original contractor hired to erect the billboard, climbed to the top of the billboard and dropped
a tape measure from the top of the billboard. The measurement from the top of the billboard, to the ground
underneath (or the grade level) was 41'-7" (see exhibit "D"). City staff had representatives on site as well
as Outdoor Systems (owner of the billboard at that time).
IV. LEGISLATION
Board of Adjustment Staff Report Page 3
Case No. WA-97-1
Section 26-412 of the Wheat Ridge Code of Laws is the legislative section for billboard specifications and
regulations. A copy of these regulations have been included with this staff report.
Section 26-412 of the Wheat Ridge Code of Laws is the legislative section which defines the specific
parameters for which a billboard, erected in the B-2 district, must comply with upon issuance of the building
permit. Within this section, parens four (4) states "maximum height shall be thirty-two (32) feet"(see exhibit
«A,~).
Billboards are permanent "buildings or structures" where height determination is governed by the 1994
Uniform Building Code in section 209-H. Building height is the vertical distance of the structure, measured
from "grade° to the highest point of the structure (see exhibit "B").
Grade is defined in the 1994 Uniform Building Code in section 208-G. Grade is determined by measuring
the lowest point of the elevation of the finished surface of the ground, within 5' of the structure (see exhibit
"C°).
V. CRITERIA
Variances must be considered based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-
6(D)(2). Staff has the following comments regarding the criteria used to evaluate a variance:
1. Can the property in question yield a reasonable return in use, service or income if permitted
to be used only under the conditions allowed by regulation for the district in which it is
located?
Yes. Regardless of whether or not there will be any development proposed for the existing strip of
land the billboard is located on, lowering the billboard 9'7" will not make it less visible and will still
yield a reasonable return in service. The cost involved in lowering the billboard is a self imposed
hardship caused by lack of research by the new owner and lack of disclosure by the previous owner
who knew the sign had to be lowered. The costs involved in lowering the billboard is considered a
civil matter between the two parties and should not be a consideration for the Board of Adjustment.
2. Is the plight of the owner due to unique circumstances?
No. The plight of the owner is not due to unique circumstances. There are other properties within
the city of Wheat Ridge which have topographically sloped properties where legal, conforming
structures were constructed.
3. If the variation was granted, would it alter the essential character of the locality?
No. Although the existing 41.7' billboard seems extremely large, approval of the variance would nri~$
alter the essential character of the locality.
4. Would the particular physical surrounding shape or topographical condition of the specific
Board of Adjustment Staff Report Page d
Case No. WA-97-1
property involved result in a particular hardship (upon the owner) as distinguished from a
mere inconvenience, if the strict letter of the regulations were carried out?
No. The physical surrounding or shape of the property does not result in a particular hardship upon
the owner if the billboard were built to comply with the required development regulations. Staff is not
asking that the billboard be moved in any direction where the ponds may interfere with the relocation.
We are asking that the billboard be lowered. Because of the presence of fhe flat, open ponds, a 32'
billboard could be easily seen without the hindrance of obstructable objects (trees, signs, other
structures.) Lowering the billboard is not a hardship, but a mere inconvenience because of the
potential costs involved. Regardless of the cost, this inconvenience for the owner came from a poor
business decision and should be dealt with in a civil arena. If the new owner is required to lower the
sign, he may follow up in civil court asking that the original owner be responsible for the expense
involved.
5. Would the conditions upon which fhe petition for a variation is based be applicable, generally,
to the other property within the same zoning classification? _.,
Yes. The general conditions for which this variation is based (maximum billboard height - 32') would
be applicable to other zone district, in Wheat Ridge. If the original applicant would have followed the
specified development regulations as writfeh on the building permit, a variance would not be needed.
This variance could have been applied for when the original owner discovered the problem with
flooding and before the actual board was installed.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property?
Yes.
Has the alleged difficulty or hardship been created by any person presently having an interest
in the property?
u,
Yes. The new owner of the billboard created their own hardship by purchasing the billboard while
the height issue was still pending in Wheat Ridge Municipal Court. Had the owner researched the
public information before acquisition, or placed a phone call to the city, he would not have created
a hardship upon himself.
8. Would the granting of the variations be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located?
No. The granting of the variation would not be detrimental to the public health, safety and welfare,
however the detriment associated with this case would be the nonconformity to the required
development regulations set forth in the Wheat Ridge Code of Laws and the building permit process.
Board of Adjustment Staff Report Page 5
Case No. WA-97-1
9. Would the proposed variation impair the adequate supply of light and air to adjacent property
or substantially increase the congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood?
No. Because the billboard is located on a small strip of land between two ponds, the proposed
variation will not impair the adequate supply of light and air to adjacent structures.
10. If it is found in criteria 8 and 9 above, the granting of the variation would not be detrimental
or injurious to other property or improvements in the neighborhood, and it is also found that
public health and safety, public facilities and surrounding property values would not be
diminished or impaired, then, would the granting of the variance result in a benefit or
contribution to the neighborhood or community, as distinguished from an individual benefit
on the part of the applicant, or would granting of the variance result in a reasonable
accommodation of a person with disabilities?
Although it was found, in criteria 8 and 9 above, that granting of this variation wold not be detrimentai
or injurious to other property or the neighborhood, nor would it impair the public health and safety,
granting of the variance would not be a benefit or contributionto the neighborhood. Approval of the
variance would only benefit the owner of the billboard and the dwner of the property. Granting of the
variance would not reasonably accommodate a person with disabilities in that pedestrian access is
not required for off premises advertisement.
VI. STAFF'S CONCLUSION AND RECOMMENDATION
The above variance request is based on non-conformity with and disregard for rules and regulations
attributed to the issuance of a billboard building permit. Staff issues building permits based on a signed
agreement, by the contractor and/owner, that the required specifications and regulatidns established for a
specific development would be met and complied with upon construction of the permitted project. The
original contractor and owner did not comply with the specifications and regulations attributed to the erection
of the billboard at 11941-b West I-70 Frontage Road, North. Upon purchasing the existing billboard, the
new owner did not research his purchase, thereby creating his own hardship.
Because the original contractor did not comply with the required development specifications, the billboard
exists at anon=conforming height of 41'-7", the lack of unique circumstances and a self imposed hardship,
Staff recommends that case no. WA-97-1 be DENIED.
If approved, staff recommends the following:
1. An updated structural analysis of the existing structure be completed and submitted, by a
certified Civil Engineer, stating that the existing structure remains structurally sound and will not
pose any threat to the public's health, safety or welfare.
TAs Crty of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~re Department of Planning and Development
L~ 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Mile High Outdoor Address 9745 E. Hampden, #200 Phone303/368-9497
Denver, CO 80231
Owner Robert Vermillion (Lessor) Address632 Gold Run Rd. Phone 303/442-7111.
ou er, 80302
Location of request Billboard Lot 1 Block 2 Lakemont Ctr. Subdvsn.. W I-70. Wh.Ridge
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Fiood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request Variance reouested for height of outdoor advertis-
incLdevice to remain at 43 feet dLe to unavoidable tnpggraphical conditinnc in PxistPnce
hnt iin~iatartahla until t;mo of rnnctrurtinn of cign nn prnnPrt~• arnnnmir harrichip=***
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME L255ee/ ADDRESS PHONE
Mile High Outdoor Co. (Sign Owner) 9745 E. Hampden Ave.#200, Denver CO 303/368-9497
Robert Vermillion (Lessor/Prop.Owner) 632 Gold Run Rd.. Boulder CO 80302 303/442-7111
I certify that the information and exhihits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on 's b
Signature of Applicant 'r ~~~ r`Dy~ f
C ris J. Melcher, Attorney o~rI Mile ig ut oor
Subscribed and sworn to me thi ay of p,~e(. 19 ~!
tart' Public
SEAT, My Commission Expire:.
My commission expires 1/08!2006
Date Received xeceipc wo. case no.
*** -- Description of Variance Request to be Supplemented by Memorandum in Support of
Request, to be submitted by Chris J. Melcher on or before December 31, 1996.
VV ILV VI\ V~V ILIIV ~`.L •.v• -- ~.. .r .,v -s .J~ .~.-..~-_ .__.~~
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Date• ~ ~~°,j
~E M INC
6023 S.W. View Point mace, Portland, OR 97201 ,,:
1. Leazed Premises. The undersigned, az LESSOR, hereby leases and rants exclusive) to C & E
Communications, Inc., az LESSEE, the real property generally described az being: wi o ; rtt
maintaining a billboazd sign and devices, including illumination fixtures'~ttd all necessary equipment for a period
of ten years, plus the period of time between signing of this lease and payment of the rent deposit. The Lessee shall
have the right to erect, plea and maintain an advertising sign and equipment on the Premises and post, paint,
illuminate and maintain advertisement on such structure. The Premises are situated on real property owned by
Lessor which real property is described az`~ot '1"~'$1ScRM7.~,+R1a~altltRSytbdivisttlII'Rlthich property is
hereafter referred to az the Adjacent Real Property. A legal description of the Adjacent Real Property is attached
hereto az Exhibit "A'. A map of she Adjacent Real Property is attached hereto az Exhibit "A-I". A description
of the Premises on which the sign is to be situated is attached hereto az Exhibit "B". Lessor and Lessee will stake
the perimeter of the sign parcel. Upon a survey, diagram and/or legal description being wmpletcd for the sign
parcel, the survey, diagram and/or legal description will be attached to the lease az Exhibit 'B". The access and
utility easements to the Premises shall be described on and attached hereto az Exhibit "C'.
2. ent. Upon signing of this lease, Lessee has paid the Lessor az consideration for Lessor's entry into this
]ease the sum of 5500.00, receipt of which payment is hereby acknowledged by Lessor. Upon Issuance of necessary
advertising permiu to Lessee and upon erection of the Advertising Structures, Lessee agrees to pay additional rent
to the Lessor for the first two years of the least (which begins with the completion of erection of the Advertising
Structures) at Lessor's election, at one of the two al[etnative rent schedules: either a), a lump sum payment of
521,$00.00 if the Advertising Structure is erected by December 31, 1995, or b), if issuance of necessary advertising
permits and erection of the Advertising Stmcture is delayed into 1996, an immediate lump sum payment of
521,500.00 or equal montiily rental payments over the first year of the ]ease in the amount of SI,000.00 per month
and over the second year of the lease in the amount of S1030.00 per month.
Each year thereafter, beginning with the third year of the lease, Lessee agrees to pay the annual rent in
squat monthly payments beginning on the first day of each month. For the third year of the lease, the annual rent
shall be 512,730.80 and each monthly rental payment shall be 1/12th of the annual rem. Beginning with the fourth
year of the lease and continuing through each additional year of the lease term, the annual rent shall be increased
3Yb each year over the amount of annual rent paid in the preceding year. Rental payment shall continue to be made
monthly by Lessee to Lessor at Lessor's address of 632 Gold Run Road, Boulder, CO 80302, or at such other
address that Lessor shall notify Lessee of in writing, in equal monthly payments on the first day of each month.
3. 9ntion to Renew. Lessee shall have the option to renew this lease for an additional term of ten years by
giving 60 days written notice to Lessor of Lessee's intent to exercise its option to Lessor. For the option term, the
annual rent for the eleventh year of the lease shalt be the annual rent for the tenth yeaz of the lease plus 39.
During the option term, the annual ren[ shall also be increased 3% per year over the amount of annual rent paid
during the preceding yeaz of the lease. During the option term, rental payment's shall continue to be made by Lessee
on a monthly basis with payment due on the first day of each month.
4.. Advertisine Structures. All structures, equipment and materials placed upon the Premises by the Lessee
are hereafter identified az the Advertising Structures and shall be deemed to be fixture, but shall always remain the
property of Lessee and may be removed by Lessee in accordance with the terms of this Lease. Lessee's rental
~i%
n_J - - --- _.
payments wiil cease upon removal of the Advertising St~ttcture from the Premises as a result of any provision in
this lease.
5, ~ jjo}~Harmless. Lessee shall Savo the Lessor harmless from all damage to person or property by reason
of accidents resulting from the negligent act of its agents, employees or others employed in the wnstrvction,
alteration, maintenance, repair or removal of its Advertising Structures.
6, cress. Lessor hereby grants Lessee and Lessee's personnel the right to ingress and egress over Lessor's
Adis^t Rea'• Prooem' for the purpose of erecting, altering, maintaining, repairing and removing the Advertising
Structures including sign display, illumination devices and related,equipment at all times during the term of the lease
and for the purpose of connecting power from the power source to the Advertising Stuctures. Lessee steal! be
responsible for all costs and expenses relating to power connection an use of power relating to the Advertising
Stuctures. ~,,i0//~,/r-tlcLli~~~' ~a~
Lessor also gian[s and wnveys anyeasement to Lessee with/in the Adjacent Real Property described in
Exhibit A for the purpose, if necessary, of Lessee connecting power, to the Advertising Structure. A diagram
and/or legal description showing the location of the easement over the Adjacent Real Property is shown on Exhibit
C.
Lessor shall have the right [o upgrade the electrical service connection to the Advertising Structure used
by Lessee, but Lessee shall only remain responsible for payment of the cost of power actually installed and used
by Lessee.
7, Fa ement for Liaht and Air. Lessor agrees not to obstruct or permit any other person to obstruct, by
alterations to or erection of structures oa Lessor's Adjacent Real Property or by growth of uces, shrubs or other
plants on Lessor's Adjacent Real Properly, the view of the advertising display or devices on ~e Premises in any
manner wha[soever from vehicles using Interstate',70. Lessor grants to Lessee an easement for light and air over
any Adjacent Real Property owned or controlled by Lessor between the sign pazcel and Interstate 70.
g, Soto Aereement. This lease contains [he sole agreement of the parties relating to the lease of the above
described Premises. Neither party wilt be bound by any statement ar promises, oral of written, unless such
statements, warran[ies or promises are set forth specifically in the lease.
g. Time to Premises. Unless specifically stated otherwise herein, the Lessor represents and warrants that
Lessoz is either the owner or the agent of the owner of the Premises above described and has fuIi authority to make
this lease.
I0. j?vsonal Pronertv Tax. All personal property tax or other [az associated with the Advertising Stuctures
shall be home by Lessee. Any assessments levied or other charges made by a city, state, wunry or other
governmental entity relating to the Advertising Structures shall be home by Lessu. The parties recogniu that
Lessee's only obligation is to pay the personal property tax assessed on the Advertising Structures as it becomes
responsible for a prorated portion oitreal propertyl tax or assessmsentselevaed ont[he Adjacent Real Propel~ynot be
11. rood Faith. The terms and conditions of this lease shall be interproted and applied in good faith by the
parties. Each party agrees not fo directly or indirectly attempt to circumvent the intent of this lease by means of
transfers of real propeti~j~o crwis~ e whichrw~ d ftvstrate the purposes of this lease.
12. aintcnan t// e ~~,ess-~-ag~r'ees at it will not execute any mortgage, trust deed, contract of sale
' or other agreement which'would subordinate the interest of Lessee to any such secured party, purchaser, transferee
or assignee for any purpose including but not limited to, foreclosure remedies upon default. Lessor further agrees
[hat in the event of a sale, transfer or assigtunent of the Premises by Lessor to a person or entity other than the
~U
VViu,: V~~ Viv. ~i~v
' ~ ,
l.esste, Lessor will require such purchaser, transferee o assignee to honor all the terms of the Lease and to agree
not to disturb Lessee's right, title and interest in the Pr~miscs under the Lease. in the event that a secured party
requires an assignment of rents under the terms of the },ease, Lessee shall, at the request of Lessor, agree to such
azsigttment of rents.
13. Che_~ee in Ownership. In the even[ of any change of ownership of the Premises hereby leased, the Lessor
agrees to notify the Lessee promptly of such change, and dhe Lessor also agrees to give the new owner formal
written notice of the existence of this lease and to deliver a'wpy thereof to such new owner.
14. gjght of First Refusal. Lessee is hereby given a right of first refusal to purchase the Premises in the event
of the receipt of a bonafide offer to purchase by Lessor. Lessor and Lessee understand that any bona fide offer to
purchase will most likely include the Adjacent Real Property; is such event, Lessor will determine an appropriate ~
price solely for the Premises. Lessee shall have 30 calendar days from the receipt of a copy of said offer to purchase j \ir,v
to enter into a contract to purchase on equal or superior terms. Should Lessee be either in default under the lease \ Jai.
or shall fail to execute a contract for the purchase of the Premises within 30 calendar days, Uten the right of first
refusal shall terminate. It is understood that Lessor is currently offering [he~Premises for sal o develo went. ~i)
Q~~~~,~-,~~'~~~ ICI
15. Assienment. Lessee shall have the right to sublease, transfer, or assign its interest in thi3 lease and its
interest in the Advertising Structures to another party. Notice of such sublease, transfer or azsigttment will be
promptly given in writing by Lessee to Lessor. Ali the terms and conditions of this lease shall continue to apply
to Lessor and to rho sublessee, transferee or assignee of Lessee.
16. $g*nova! of Advertisine Structures. Lessee may remove the Advertising Structures and related
improvements a[ expiration of this lease or during the term of this lease if Lessee is unable to obtain necessary
governmental permits. However, if lessee has commenced making regular rental payments after the initial deposit,
then Lessee may only cancel this lease by paying Lessor an amount of money equal to 12 months of rent under this
]ease.
17. Condemnation. If either all or a part of the Premises on which the Advertising Structures are located or
if the Advertising Structures can no longer be used for the display of advertising az a insult of taking by right of
eminent domain, condemnation or the threat thereof, or other govemmental action, (including, but not limited 40,
revocation of permits for the Advertising Structures) damages for the loss of the leased Premises and for the loss
of the use of the Advertising Structures shall be awarded solely to the Lessee. In the event that only Lessor may
pursue a claim for damages for loss of the leased Premises and loss of the use of the Advertising Structures, Lessor
agrces to pursue such claim for damages on behalf of Lessee in axordance.with the instructions of Lesser and
further agrees to collect such damages [hat may be obtained and turn over funds representing such damages to
Lessee. Lessor and Lessee agree to woperate fully in implementing these provisions. Ltssce agrees to be
responsible for all costs, expenses, fees and attorneys fees incurred for the benefit of Lessee in pursuing such claims
for damages. At such time az Lusce is no longer able to advertise oa the Advertising Strucmres az a result of
governmental action described in this paragraph, Lessee may elect to cancel the lease.
18. Hazardous Materials. Neither Lesser: nor its officers, agents or employees shall be responsible for any
claims, damages or liabilities arising out of any wntamination, generation, storage, release, spill, creation or
disposer! of Hazardous Materials which may have existed on the Premises prior to the execution of this lease or after
execution of this leaze unless eleazly caused by Lessee in its use of the Premises.
19. Successors. All of the rights sad obligations under this lease shall apply ty and bind the heirs, successors,
executors, administrators, transferees, azsigns and sublessees of the parties hereto.
20. Dispute Resolution. Waiver of any violation of this lease by either party hereto shall not be construed az
consent to a later violation of the lease. Should a dispute arise over the terms of this lease which the parties are
unable to resolve, either party may request arbitration of the dispute by notifying the American Arbitration
s~,
VV IYV VI• VIV~L~~1~/ ~.-~ ~~"• /~~' va~~+ av ...v i~~..vr~ ~ v-e.
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Association (AAA). The Nles of AAA shall govern a{~ritrator selection and arbitration procedures.
21, privilege Sien. Lessee agrees that Lessor may display a privilege sign below Lessee's billboazd during the
term of this Lease, if the privilege sign is approved by the State of Colorado and the City of Wheat Ridge, without
expense to Lessee except for the cost of building the sign. Lessee agrees to build a privilege sign for Lessor and
Lessor agrees to reimburse Lessee for the cost of building the privilege sign.
~, ~recnr's RieM to Rrrhase Advertising Structure. Twelve months after the Advertising Structures have
been erected and advcrtising copy has been dtsplaycd on the sign, Lessor shall have the right of first refusal to
purchase the Advertising Structures and the leasehold interest of Lessee for a guaranteed price and on the same other
terms that Lessee offers to sell the Advertising Structures and its leasehold interest [o a third party. The guazanteed
price to Lessor sha]I be 42 times the monthly revenues derived from advertising on the sign. Monthly revenues
shall be an average of those revenues received by Lessee from advertising on the sign over the 12 months preceding
Lessee's submittal of an offer to sell to a third party. Any months during the preceding 12 months in which
advertising revenues are not generated from advcrtising on the sign wilt not be counted in determining the average
monthly revenues. Lessor shall have 60 calendaz days from she receipt of a copy of an offer to purchase to enter
into the contract to purchase for the guazanteed price and on equal or superior terms.
23, T r"<^*'s Right to Advenise. During the term of the least, Lessor shall have the right to have advertising
copy displayed on the primary sign at the same price and on the same terms that Lessee offers to other customers.
24. ~.errt^^ ^r Advertisine $tNCLU[e• Lessee will attempt to obtain the necessary advertising permiu and to
erect the Advertising Structures as soon as possible with a goal of comple[ing the permit and erection process by
December 31, 1995. If Lessor has not obtained the necessary advertising permits and erected the Advertising
Structures by Lune 30, 1996, this lease shall be cancelled; however, Lessor and Lessee may mutually agree to extend
the period during which Lessee will have the right to obtain the necessary advertising permits and to erect the
AdVCrtiSfng SINUUtCS.
25. Development of Ad' ~P^~ Real Prooenv by Lessor. ]t is understood and agreed that Lessor is adding fill
material (raising height and expanding batilts around the lake area where sign is to be located} and further
understood and agreed Lessor shall be constructing an 8' plus walkway, landscaping and rock berm around the
perimeter of the take shore. [t is also understood that such improvements to the Adjacent Real Property will not
obstruct the view of the billboard from Interstate 70.
26. Effective Date. This lease is effective upon signing by Lessor and Lessee. Either party may record this
lease or a memorandum thereof.
~~- r„~ who has been
This lease is being signed by Lessor in the presence of
requested to sign as witness. ~
~Z~ /~'y
Lessor(s) Robert J. Vermillion Dale 5
Address: 632 Gold Run Road
Boulder, Colorado 80302
Telephone: 303.442-7111 .~ ~~
Signature of Lessor(s) c$' `js Date G~.~
If Lessor is a corporation, the person signing for Lessor is an offs r ar authorized agent of the corporation whose
title is /l~~ ,and by such signature, such representative of the corporation warrants
' that he or she is authorized to stgn this lease in accordance with the b )` ws and or resolution of the Board of
D'uectors of the corporation. 7
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AocFpted: C & E Cotamuaicatioas, Ina.
?aephotia: s 3 ~ _ ~ ~ ~~
Chti{toph r Carlile, President
1bbkRe<am/wrp/tu~a,2
S
TXIiIBiT A
to the
Lczse between Robert J. Versnillion, Lessor and
C & >r Communicatiotu, inc., .Lessor.
The "Adjacent Real Property" identified in the Lease is more partlculaziy described as:
Loi F, Stock 2, Lakemont Center Subdivision, City of Wheat
Ridge, County of Jefferson, State of Colorado, •lacdudin~snY--teat' ~~ f1
PmP~Y'1Y~8"Seutit-ef-4ht6oafJt4ltrf~es[€'7~~~Y~B' r U
t `~~ ~I3~evsor~lat~t-iti~i'~d-i~g6A~3`a~e~'P°sr
-tiy o3hsi_laxr~- flssna.
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LC E co unications, Inc.
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15'
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15' Offs
60' S7'
South Fence
1
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_ South Porperty Line
Waterfront
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Access Road
Interstate 70
Exhibit "A 1" To C & E j Vermillion Lease
C & E Communications, Inc.
,; " ~ ' j ._
Robert J,"Vermillion
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Lot 1, Block 2
Lakemont Center Sub
Wheatridge Colorado
s
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tc the
Lease L'cLweeee Rc~Lec•L o, Vaznti111oar Lessor and
f F R fYimmuniratfrvta. Inc., Lcaoorz
The real property identif~c~dtin~fhis d situated~in andhic•a p taofeLotaYa
as the "Yremieas in A Iu' oL y7heat Ridge, County of
Block 2r Lakemvttt CettLet 6ubdivision, ~articuiarly deaeribed as:
Jcffeseon. State of Colorado, and is more p ~~~~
,f R twonty-fiva foot (a5'~ strip of laud aioc~~ Lakemont Center
r7pU ~~ r,h^ vwntwrty boundary of Lot 1, Che southerly line
~yL~(J Sulxlivis~ioon, which aCr1p oL land is bounded by
of said t i and by n 31ne draws. para3.la1 to ~ ~vamQ~ set <50 ` 1. /
.,.,.Yft, f the southerly fanea rtiwcth of the I-~a p. /^J
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ASSI~NT AND A~9DNPTION O! LEA6L
A. C ~ E Communicating, Inc., an Oregon corporation ("Aaesiyuor"), 1s
the looocc under a least Wlllt Robert J. VermilJ.inn'("Leaaoz"), dated December
5th, 1945 with roopoot to tho property desc:i•ibed Sn attached Exhibit A
("Lease").
R, Assignor has agreed to sell ccrtaiit asaeCS, including itt~ leaaohold
iiilezeeL in the Leaac, t:n Outdoor Syatemo, Inc., ,a Delaware corporation
("Aooignee~).
C. Assignee has agreed to aceume all of the obligatioiin of Assignor
under the Lease {the "Lrasn Obligations") in connection with the purchase of
the afnrecaid asaota fzom Assignor.
D. Lessor haes e;onsented to the aseaignment by Aooignor and to the
arFUmption by Assignee of the Leaac obligations.
Aaa~anment and A~aumvt{on
FOR VALUABI~R l'.ONgID&RATION, the receipt of which is I3eceby acknowledged,
Assignor hereby assigns, transfers, and conveys to Assignee all of. its right,
L•itlo, and interest ae Leaaee under the Lease. AssigneR hereby aasumoa the
Leaac UbligatJt~ng and agrees to perform and diacharye such obligations in
accordance wil,}t their terms, including, but not limiL•ed to, payment of all
rout obligations contained in the Lease.
Assignee further agrees to indemnify and hold I~noignor harmlea~ agalttst
any loaaoc, claims, damages or liawllites to which eithwr nr both may become
subject driteing nut of, related to, or in any wey conneCLed with, th1t:
~Aaaignment attd Aasignne`s performance of the Loaao obligations.
7'he ertwr..tive date of thio Assignment and Aeaumption of Lease is the
date of t.lce last algnacure shown hRlnw.
ASSIGNOR:
C ~ E Communications,
4926 S Corbett, Sq
Porllatt OR 97201
~y; / d.J
Titlo e U P `'~ ec~~~
Dated: TT ~
Pw^u IQNEE:
Inc. OutdoOY 5yrt•.Rma, Inc.
05 202 N. Black Canyon Highway
phoenix 50
ny:
Title: teeal Eeta .w Mana7or
Hated:
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V 1-23-86 : 6'S3fN :0[JI000R SYSTEMS VINC.~ 503 ,221 I675:nI6/18
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1071{ORNiDW( OF LBABL
FARTIBS: C•i, E Communioationo, Ino. (Lcssoe) end
1toLes•L J. vermillion (lessor)
LEASED' A 25 tne~t strip of land beginning 5 feat seat
PREMISES: vL tk~e wedl,CLYI boundary oL Lot 1, 81oCk 2,
Lakemont C to subdivision, which strip of
land 1a hA::~n
kaa b
h
~
y t
e southern line of said
Lvl. 1 and by a line drawn parallel to and 50
fect north of the fence lying north of the
T-70 pavement.
LEASE DATED: Deeember 5, 1995
LI371SE TERM: Ten years beginning on December S, 1995. After
the initial term of the Laaae-Agraan~eat ax$irao,
Lasaea shall have the opcion to renew for an
additional ten years by giving 60 days writte.i
notics of intended renewal to LaaCOr.
DuttvIVAL: This agreement is binding upon the heirs, assigns,
ouccaaaors and other partioa in intoroat of Leoeee
amd Leeaor.
LESSEE: LESSOR: r~&p~ 7`:,.P
e
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~
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C i E Comsunioationa, Inc. '"'+~Robe"rt• veza+il~iBFi'~'t~
1 '
~ Z By: ~- - ~ ~
L~ Refhn rt • .T V'. ww~7 7 ~ ~~
Owner
9 ..
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, ASSI02II~NT 0~' SI@7 PERMITS
WHEREAS, C&fi Communicationo, In(j., nn Oregon corporation ("Assignor")
and Uutdoor Systems, Inc., a BPtawara=r..crporation, {pAssignaa") have entarad
into a axle and purchnsc ayreeurottL daj;ed January Z5, 1996 ("Agreement"1; and
WHEREAS, purauAnt to that rertain A~re~mont, Aoaignor agraod to assign
to Assignee all dpNltcable permits which do allow AssiQZtor and would allow
Aeaignaa to install snd maintain an outdoor advertising structure
("F3illboard") according Y.A ariA agreement;
NOW, THEREPORE, for and in consideration of good and valuaL•le
Consideration, the r~aaipt. and sufficiency of which in hereby acknowledgedi
i, Aeaignox• doco hereby grant, sell, assign and convey to Assigned all
of Assignor's right, title and interact in and to said parmite, TO HAVE
AND TO HOLD, together with all and singular Lhe rights and appurtesnancaa
thereto, to''the Assignee, its successors and assigns, fordver.
2. At+aiytt~r t:ereby represents and warrants that said permlta baincl
cosigned horeunder are .free and clear of all linbilit.inti, ebligations
atnd ancumbrancec, axcapt as so atatad in such documento.
3. Assignor is assigning such permits to Aaeiyuee vtt condition that
ARR1gT1HP shall be liable for.the obligation in conneotion with the terms
and conditions SeC forth in said permits.
This Aeaignmant fs executed on the 25th day of January, 199G.
ASBIONOR:
f' b R mmunication~ I c. ~~~
Ry:
~~/za-/~b
~Xi.11r3iT yob ~~
§ 26.410
wFID.AT RIDGE CITY CODE
(4) May not extend more than fifteen (15) Sec. 26.412. Billboards; specifications and_
inches beyond the surface of the wall. and regulations.
may not extend beyond the side of the wall. (a) General provisions:
(5) Commercial, industrisi, multiple-family, (1) For the purpose of this subsection, the city
public and semipublic uses only. is divided into two (2) billboard districts,
(Ord. No. 1991-860, § 1, 5-2.91; Ord. No.1994-960, B-1, and B-2, as shown on the official bill-
§ 1, 4-11-94; Ord. No. 1994-967, § 2, 5-23-94) boazd zoning map of the city and incorpo-
Sec. 26-411. Master sign plan. rated herein as figure 26.IV-1.
(a) The' planning commission may approve a
master sign plan for planned developments of any
size and for any existing or proposed business
center or office complex of at least two (2) acres or
more in size which are under unified control ei-
ther by ownership, legal association or leasehold.
{b) The intent and purpose is to encourage well-
planned and designed signage within a large mul-
tiple building or multiple use complex which ex-
presses unification and integration by elements of
architectural style, size, color, placement and
lighting while at the same time allowing for rea-
sonable individual business identification. An ad-
ditional purpose is to encourage the elimination
of existing nonconforming signs. The planning
commission may grant as a bonus for well-designed
plans up to a one hundred (100) percent increase
in the number of signs and/or fifty (50) percent
increase in maximum square footage, and/or may
permit signs in locations other than normally per-
mitted, based upon a finding that the proposed
master sign plan substantially meets the intent
and purpose of this subsection relating to unifica-
tion and integration of signage.
(c) Once_ approved at a public hearing by plan-
ning commission, all master sign plans shall be
recorded with the Jefferson County recorder's of-
fice and shall constitute a covenant and must be
complied with by all owners, proprietors, lessees
or assigns, whether current or future. No substan-
tial variation from the plan shall be permitted
without planning commission approval. Approval
procedures under this provision shall be subject to
those requirements for a conditional use, as set
forth in this Zoning Ordinance, section 26-6(A).
(Ord. No. 1991.860, § 1, 5.2-91)
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1994 UNIFORM BUILDING~CODE
HAZARDOUS PRODUCTION MATERIAL (HPM) is a solid, liquid or gas that has a degree
of hazard rating in healtH, flammability or reactivity of 3 or4 and which is used dtrectly in research,
laboratory or production processes which have, as their end product, materials which are not haz-
azdous.
HEALTH,HAZARD is a classification of a chemical for which there is statistically significant
evidence based on of leagtonestudy conducted in accordance with established scientific principles
that acute or, chronic health effects may occur in exposed persons. The term "health hazard" in-
cludeschemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants,
corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agen[s,which act on the hemato-
poietic system, and agents which damage the lungs, skin, eyes or mucous membranes.
HEIGHT OF BUILDING is the vertical distance above a reference datum measured to the
highest point of the coping of a flat roof or to the deck line of a mansard roof orto the average height
of the highest gable oC a pitched or hipped roof. The reference datum shall be selected by either of
the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot (1524 mml
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is' not
mote than 10 feet (304R mm) above lowest grade.
2. An elevation 10 feet (3048 mm) higher than the lowest grade when the sidewalk or ground
surface described in Item 1 above is more than 10 feet (3048 mm) above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the build-
ing.
HELIPORT is an area of land or water or a structural surface which is used, or intended for use,
for the landing and take-off of helicopters, and any appurtenant areas which are used, or intended
for use, for heliport buildings and other helipon facilities.
HELISTOP is the same as a helipon, except that no refueling, maintenance, repairs or storage of
helicopters is permitted.
HIGHLY TOXIC MATERIAL is a material which produces a lethal dose ora lethal concentra-
tion which falls within any of the following categories:
1. A chemical that has a median lethal dose (LD;p) of 50 milligrams or less per kilogram of body
weight when administered orally to albino rats weighing between 200 and 300 grams each.
2. A chemical that has a median lethal dose (LDSp) of 200 milligrams or less per kilogram of
body weight when administered by continuous contact for 24 hours (or less if death occurs within
24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each.
3. A chemical that has a median lethal concentration (LCSO) in air of 200 pans per million by
volwne or less of gas or vappr, or 2 milligrams per liter or less of mist, fume or dust, when adminis-
tered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats
weighing between 200 and 300 grams each.
Mixtures of these materials with ordinary materials, such as water, may no[ warrant a classifica-
tion of highly toxic. While this system is basically simple in application, any hazard evaluation
which is required for the precise categorization of this typc'of material shall be performed by ex-
perienced, technically competent persons.
HORIZONTAL EXIT. See Section 1001.2.
HOTEL is any building containing ~ or more uest roo intended or designed to be used, or
which are used, rented or hired out to be occupied. or which are occupied for-sleeping purposes by
glle Sl S.
HOT-WATER-HEATING BOILER is a boiler having a volume exceeding l20 gallons
(454.2 L), or a heat input exceeding 200,000 Btu/h (149 540 kW ), or an operating temperature ex-
ceeding 210°F. (99°C.) that provides hot water to be used externally to itself.
1-77
26-401 WHEAT RIDGE-CITY CODE
and to provide a sense of balance or propor- which can be retracted against the face of the sup-
tion between a sign and the building or poring building.
property which it serves;,
Billboard. Any sign in excess of fifty (50) squaze
i6)' To encourage the erection of signs which feet in size utilized to advertise a product or ser•
aze legible in their surroundings, compat- vice that is not produced or conducted on the same
ible with the visual character of the sur- property as the sign.
rounding azea, appropriate to the activities
u~ ding front. The exterior wall(s) of a building
identified; and facing a public street or streets or other public
(7) To ensure that adequate and effective ad-
vertising signage opportuniiiesexist within
a regulatory framework which protects the
constitutionally guaranteed right of Cree
speech.
Ord. fro. 1991.860, § 1, 5.2-9ll
Sec. 26.902. Supersession.
The terms and provisions of this article shall
prevail in the event of any conflict between the
Drovisions hereof and any ordinance of the cit}•
heretofore enacted.
(Ord. No. 1991.860, § 1, 5.2-91)
Sec. 26.403. Definitions.
For the purposes of this article, the following
words and phrases shall have the meanings re-
spectively ascribed to them by this section:
Animated sign. A moving sign that utilizes mo-
tion, implied or actual, in a horizontal or vertical
plane or bath. The only animated type of signs
chat are permitted are "time and temperature"
and "barber pole" signs.
Arcade sign. Any sign projecting beneath and
attached to the underside of any balcony, canopy,
awning or other structural overhang or pas-
sageway.
Artistic mural or sculpture. A freestanding
statue or sculpture or a graphic illustration or
design, or an architectural design or relief applied
directly to or incorporated within a wall'of a
building, which does not advertise or promote a
particular business, service or product. A com-
pany, Cirm, association, society, etc., logo is not
considered within the scope of this definition and
is considered a sign.
Awning. A movable shelter supported entirely
from the exterior wall of a building and/or a type
right-of--way other than alleys, or one exterior wall
containing the primary entrance to'the building if
not directly facing upon a public street.
Bulletin board. A sign which announces meeting
times or special events of public interest such as a
church service, civic meeting or similar event. iSee
section 26.410(G)
Canopy. Aroof--like structure serving the pur-
pose of protecting vehicles and/or pedestrians and
which may be freestanding or attached to a
building, is provided- with supports, and is open
on three (3) sides_if attached and on all sides ii
freestanding.
Changeable copy sign. A sign, either illumi-
nated or nonilluminated, which is designed so that
the message or any part of the message may be
periodically changed, either mechanically or elec-
tronically, however, where a change in message
occurs no sooner than every f3Reen l15) seconds.
Any .sign wherein the message changes sooner
than fifteen (15) seconds shall be considered a
IIashing sign.
Development. A single lot, pazcel or tract o(land
or portions or rnmbinations of lots, pazcels or tracts
of land which aze held in single or common own•
ership and which exist as a distinct functional
entity. Multiuse buildings and multiple building
complexes which aze held in singulaz or common
ownership, either by individual, corporation, part-
nership or other legally recognized entity, shall
be considered a "development" for the purpose of
signage.
Erect. To build, construct, attach, hang, place,
suspend, affix, relocate or rernnstruct any sign or
sign•supporting structure.
Flashing sign. A sign that is illuminated with
intermittent lighting, animated lighting or with
varying intensities of light at intervals of fiReen
Supp.\o.7 1828
§ 261312 WHEAT RIDGE CITY CODE
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c~C1-liflilt' „C
207-209 1994~UNIFORM BUILDING CODE
All materials shall bear identification showing the fire performance rating thereof. Siich identifi-
cations shall be issued by an approved agency having a service for inspection of materials at the
factory. ~ ~ '
FLAMMABLE LIQUID. See the Fire Code.
FLOOR AREA is [he area included within the sutrounding exterior walls of a building or por-
tionthereof, exclusive of vent shafts and courts. The floor azea of a building, orportionthereof,not
provided withsutxounding exterior walls shall be the usable,azea under the horizontal protection of
the Foof of floor above. '
.__--.--~., ~~.tx-
FM is Factory Mutual Engineering and Research, 1151 Boston-Providence Turnpike,Nnrwood,
Massachusetts 02062.
FOAM PLASTIC INSULATION is a plastic which is intentionally expanded by the use of a
foaming agent toproduce areduced-density plastic containing voids consisting of hollow spheres
or interconnected cells distributed throughout the plastic for thermal insulating or acoustical pur-
poses and which has a density less than 20 pounds per cubic foot (320 kg/m3).
FOOTING is that portion of the foundation of a structure which spreads and transmits loads di-
rectly to the soil or the piles.
FRONT OF LOT is the front boundary line of a lot'bordering on the street and, in the case of a
comer lot, may be either frontage.
SECTION'208 - G
GARAGE is a building or portion thereof in which a motor vehicle containing flammable or
combustible liquids or gas in its tank is stored, repaired or kept.
GARAGE, PRIVATE, is a building or a portion of a building, not more than 1 000 sql eel
(93 m2) in area, in which only motor vehicles used by the tenants of the building or buildings on the
premises are stored or kept. (See Section 308.)
GARAGE, PUBLIC, is any garage other than a private garage.
/ GRADE(AdjacentGroundElevation)is[helowestpoiniofelevationofthefinishedsurfaceof
t, ~. ~ ~' ~ the ground, paving or sidewalk within the area between the building and the property line or, when
6 ~' p `/ the property line is more than 5 feet (1524 mm) from the building, between the building and a line
\ 5 feet (1524 mm) from the building.
\\\\\\ GRADE (Lumber) is ttte classification of lumber in regazd to strengthand utility.
GUARDRAIL is a system of building components located near the open sides of elevated walk-
ing surfaces for the purpose of minimizing the possibility of an accidental fall from the walking
surface to the lower level. ' '
GUEST is any person hiring or occupying a room for living or sleeping purposes.
GUEST ROOM is any room or rooms used or intended to be used by a guest for sleeping pur-
poses. Every 100 square feet (9.3 mZ) of superficial floor azea in a dormitory shall be considered to
be a guest room.
SECTION 209 - H
tl HABITABLE SPACE (ROOM) is space in'a stmcture for living, sleeping, eating or cooking.
Bathrooms, toile[ compartments, closets, halls, storage or utility space, and similaz areas, aze not
considered habitable space.
HANDLING is the deliberate transport of materials by any means to a point of storage or use.
HANDRAIL is a railing provided for grasping with the hand for support. See also Section 208,
definition of "guardrail."
1-16
DEPARTMENT OF PI.~NING AND DEVELOPMENT
BUILDING INSPE N DIVISION - 235-2855
CITY OF WHEAT RIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215
Btu; ing Permit Number
Y Date
E~CNi~tT t'~ t~
Property Owner
Property Address
Contractor License No.
Company
~I~~`~- v2.~wn~~l\o.~
~atGC ~arm'~ ~ey.~~t{Y^'i 'T&f~/Y
~ ~cx.~...r,.
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this permit application are accurate,
and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or
covenants. easements or restrictions of recortl: th measurements shown, and allegations
made are accurate; that I have read g e obi by all conditions printed on this
application, and that I assume full sponsib' for pliance with the Wheat Ridge Building
Code (U. B.C.) and all other appli ble ge rdinances, for work under this permit.
(OWNER)(CONTRACTOR)
Description : ~~ X ~~ 32 t'~
Phone : ~1_~jt{~ a
Construction Value
Permit Fee
Use Tax
Total
~ ill rJo6~.r ~ ~-t='-f Se~ b~~L
~b~ -~ 863
~ ~12~~
Z~,«~ °
~ %-I- s,dkz vti.~~
BUILDING DEPARTMENT USE ONLY
Approval: ~
Zoning : -~~t>
Approval
LOblic_Watk~'F~sfltitten~s;!
Approval
Occupancy : Walls
Roof : Stories . Residential Units
Electrical License No
Company
Expiration Date
Approval :
Plans Reilulred.~"„ J
~4(~P(G%Vp1- F~ Fit-Dfo • ~-1/~1V~1'r ~Vf~C P~.i 1..L+~ YFJ {~1YLi7Ct"13 1Jp~~Gv l.fA~
bF SiTL Lo[~c~^t F2o~vL L'A/(-" CtETi-r_t2"7'a 13a=-A.t'lbGt-l~Yj
ro ~+~ )3~ci4T~ ~tL~CSo~G FRart $-l ~orvE LOC/3TFl~
R i 77C~i G(,l.yyiv~~,~. j~~ BE IiEG,~'c.~~c~
PE~C~.'~,u~iN'i /0 4~-><. CAN ~(a-412- (~)~~)
Plumbing License No :
Company
Expiration Date
Approval
. P_l~ns Required ,-i
Mechanical License No
Company
Expiration Date
Approval
•` Pins gu
(1) This permit was issuetl m accortlance with the proviswns set forth In yopur appoeabon and rs suDlect to the Taws of the State of Colorado and w the Zoning
Regulations and awldin9 Cotle of Wheat Ritlge, Colorado or any other applicable ommances of Ne City.
(2) This cermn shall expire d rA) the work authonzed is not rAmmenced within sizry (60) days hcm issue date or (B) the bwltling auchonzed is suspended or
abandoned for a DenoO of 120 days.
(3) If this pertnR expires. a new permit may be acquired fora (ee of one-half the amount normalry regwred. provltled no changes have been or will be made in the
ongmal plans and speaficabons and any suspension or abandonment has not ezceetletl ore ~ t) year. If changes are made or d suspension or abandonment
exceeds one (1) year. fun fees snail be paitl for a new permit.
(4) No work of any manner snail be tlone that wtll change the natural flow of water causing a dramage problem.
(5) Contractor Shall nobly the Building Inspector twenty-four (2<) hours in advance fof dll i specupns and shall cerve wntten approval on inspection cartl before
erdc ung with successive phases of the )ob.
(fir The ante o a permspermll o~foval of drawings and specifications shall not be stored to De a Pe t for. n r an approval ot. any violation or Ne Provisions
of a -wldmg des or any th ordinance, law, rule or regulation.
L ~ '
C ief Building Inspector For Mayor
THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR
CALL: 234-5933 24 HOURS PRIOR TO INSPECTION
=k~.J14~, i ..L :,
~~~~ G~ '~ n~~
~~ ~i`.
C
PUBLIC HEARING SPEAKERS' LIST
CASE N O: WA-97-1 DATE: February 27, 1996
REQUEST: An application by Mile High Outdoor for approval of an 11' billboard
height variance to the maximum 32' billboard height requirement to allow an
existing billboard. 'The property is zoned Planned Industrial Development and
located at 11941-B W. I-70 Frontage Road North.
WHEAT RIDGE BOARD- OF ADJ[7STMENT
MINUTES OF MEETING: February 27, 1997
2. APPROVE THE ORDER OF THE AGENDA
Page 2
Motion was made by Board Member WALKER, seconded by Board
Member MAURO, to approve the order of the agenda as
printed. Motion carried 5-0_.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PUBLIC HEARING
~`~':°"' " T'?CP No: WA-97-1: An application by Mile High Outdoor
Advertising for approval of an 11' billboard height variance
to the maximum 32' billboard height requirement to allow an
existing billboard. The property is zoned Planned
Industrial Development and located at 119.41-B W. I-70
Frontage Road North.
Sean McCartney presented the staff report.. A11 pertinent
documents were entered into record, which Chairman HOVLAND
accepted.
Board Member HOWARD asked if the setback was known, and Mr.
McCartney replied he does not know, however for a structure
in the Light Industrial zone the. requirement is 50 feet.-
Heights of other billboards were discussed.- Mr. McCartney
assumed this billboard was 32 feet in height when it was at
it's original site on W. 44th Avenue..
Chris Melcher, attorney for Mile Hi Outdoor Systems, was
sworn in. He went over the history of the-case. The sign
was constructed in April 1996 and during construction the .
contractor-hit a higher water table (around 10-12 feet) than
thought. They sunk a concrete caisson to stop-the flooding
and because of that, the sign ended up too high (41.7')_
The new owner did not realize this when he purchased the
billboard. The extra .height serves no purpose or-value, but
the question is what to do about it now.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: February 27, 1997 Page 3
Mr. Melcher continued with
and discussed the previous
billboard, emphasizing the
problem. Mr. Melcher belie
there someday in which the
land will be leveled.
further background on
and present ownership
current owner did not
=_ves there will be dev~
ponds will be drained
the sign
of the
create the
=_lopment
and the
Mr. Melcher went through the criteria stating the property
owner will suffer, and he feels there are unique
circumstances due to the ponds and the high water table.
The sign will not harm the character of the locality because
it is just a strip of undeveloped land right now. A
hardship will be placed on the new owner with the exorbitant
cost to lower the sign and/or tear it down. He feels
variances will not have to be granted to other_billboards
because of the uniqueness and to keep in mind the sign is
perfectly in compliance except for the height. The hardship
again will be on the new owner and to tear down the sign
will be of no benefit to the City or the neighborhood.
Steve Richards, General Manager of Mile Hi Outdoor
Advertising, 9745 E. Hampden Boulevard, Denver, was sworn
in. He said Mile Hi is exclusively a Denver company. This
is one of 35 billboards they own, and luckily the only
problem they have ran in to. The sign is really not any
more valuable at 41 feet, however, the cost to lower the
billboard will be extremely expensive. The company owns two
billboards in Wheat Ridge and one is in the B-1 zone and
will be removed.
Chairman HOVLAND feels the. excuse of the unforeseen high
water table is not real valid since the area ,is in between
two ponds. Mr. Melcher understood the contractor said the
sides of the ponds are bermed and are supposed to be packed
firmly down to a depth of 20-25 feet. These berms are not,
therefore the water seeped in higher. than expected. Board
Member WALKER said his concern is if the structure is not
deep enough into the ground due to wet soil and gravel, he
would be more worried about the billboard eventually going
down.
Two photos of the billboard across the .street .were entered
WHEAT 12IDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: February 27, 1997
Page 4
into record labeled `Exhibit A'. Mr. Melcher said they are
willing to explore any alternative solutions. Discus-s ion
followed about raising the level of the ground. Mr.
McCartney informed the board the billboard and planter in
the photos are illegal and the planter was not issued a
building permit. There is code enforcement action pending on
this case, however, he reminded the Board this should not
have any bearing on this case. Mr. Melcher thought perhaps
this could be a solution.
Chairman HOVLAND wanted to know if building up a berm is a
legal and viable solution, and Mr. McCartney said staff
would not see that as a viable alternative because of the
UBC's definition of finished grade. Ms. Ellis talked on the
problem of contractors, etc. building up berms to meet their
own needs.
Board Member ABBOTT stated codes cannot .cover any and every
situation created by humans, however, the most successful
way to deal with these questions is look at the intent of
the code, and to look at what the writers were trying to
say.
Board Member MAURO asked if these ponds are gravel pits and
if so, how stable is this to build up the berm. Mr. Melcher
assured the members that the pole is 12' in the ground with
several tons of concrete holding it in place, so he feels it
is extremely safe.
Mr. McCartney read the disclosure. statement on the building
permit and talked on the intent of that statement, and
review that a permit goes through. Discussion followed
regarding HAGL, and Mr. Melcher disagreed with the term,
saying HAGL is not a name of a part of a billboard, it is an
acronym meaning `height above ground level'.
Board Member HOWARD wanted to know how much the billboard
weighs, and Mr. Richards replied he does not know..,...
Discussion followed regarding the cost of reducing the
billboard.
WHEAT-RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: February 27, 1997 Page 5
It was noted the sign is off-set, and Mr. Richards believes
the. reason was to make it fit totally on the owner's --
property.'
No further questions were asked.
Motion was made by Board Member ABBOT, that Case No.
WA-97-1, an application by Mile Hi Outdoor Advertising, be
DENIED for the following reasons:
1. Lowering the billboard 9'7" will not make it less
visible and will still yield a reasonable return in
service. The cost involved in lowering the billboard is
self imposed.
2. Unique circumstances were not persuasively demonstrated.
3. A 32! billboard could be easily seen without hindrance.
Lowering the billboard is an inconvenience rather than a
hardship. While unfortunate there will be significant
costs to lowering the billboard, it is possible and the
effects created as the result should not be ..
shouldered by the citizens or by variance to the City's
ordinance.
4. It is the opinion of the Board the new owners accepted
their own hardship by purchasing the billboard while a
height issue was pending in Wheat Ridge Municipal Court.
The owner would not.have created the_hardship had he
researched public information before acquisition.
Motion was seconded by Board Member HOWARD. Motion carried
5-0. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
A. Update on Study session. No date will be set until
after any new appointments.
B. After brief discussion it was decided to keep the
meeting starting time at 7:36 p.m., unless case load
suggested earlier.
WSEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: February 27, 1997 Page 6
7. NEW BUSINESS
A. Approval of Minutes:
Motion was made by Board Member WALKER, seconded by
Board Member MAURO, to approve the minutes of January
27, 1997, as printed.
8. ADJOIIRNMENT
Motion was made by Board Member WALKER, seconded by Board
Member MAURO, to adjourn. Meeting adjourned at 9:10 p.m.
Mary Lo hapla, Secretary
Date approved:
CERTIFICATE.OF RESOLIITION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the -27th day of r~.arv 1997_
CASE NO: WA-97-1
APPLICANT'S NAME: Mile. Hi Outdoor Advertising
LOCATION: 11941-B W_ I-7Q .Frontage Road, North
Upon motion by Board Member ABBOTT seconded by Board Member
HOWARD the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative _.
Officer; and -
WHEREAS, Board of Adjustment Application, Case No. WA-97-1 .
is an appeal to this Board-from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against_-it; and
WHEREAS, the relief applied for MAY NOT be granted without _
detriment to the public welfare and without substantially
impairing the intent and purpose of the regulations governing the ,
City of wheat Ridge. -
NOW, THEREFORE, BE IT RESOLVED that. Board of Adjustment
Application Case No. WA-97-1 be and hereby is DENIED.
TYPE OF VARIANCE: An li' billboard height variance to the maximum
32' height.
FOR THE FOLLOWING REASONS:
1. .Lowering the billboard 9'Z" will not make it less
visible and will still yield a reasonable return in
service. The cost involved in lowering the billboard is_ -
self imposed.
2. Unique circumstances were not persuasively demonstrated._ .
Case No. WA-97-1/Resolution
Page 2
3. A 32' billboard could be easily seen without hindrance.
Lowering the billboard is an inconvenience rather than a
hardship. While unfortunate there will be significant
costs to lowering the billboard, it is possible and the
effects created as the result should not be
shouldered by the citizens or by variance to the City's
ordinance.
4. It is the opinion of the Board the new owners accepted
their own hardship by purchasing the billboard while a
height issue was pending in Wheat Ridge Municipal .Court.
The owner would. not have created the hardship had he
researched public information before acquisiti=on.
VOTE: YES: Abbott, Hovland, Howard, Mauro and Walker
NO: None
DISPOSITION: The request for a 11' billboard height variance
was denied by a vote of 5-0.
DATED this day of February 27, 1997.
r
PAIIL HOVLAND, airman
Board. of Adjustment
C
Mary o Chapla, Secretary
Board of Adjustment
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