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HomeMy WebLinkAboutWA-16-11_� City of Wheat -Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 February 14, 2017 Cecil McGlothlen Wheat Ridge United Methodist Church Trustee Committee 7530 W. 38th Avenue Wheat Ridge, CO 80033 Dear Mr. McGlothlen This letter is concerning your request for approval of an extension of a variance granted pursuant to Case No. WA -16-11. On August 4, 2016, the Community Development Director approved a request to allow a changeable copy sign on property zoned MU -N located at 7530 W. 38th Avenue. Once a variance is granted, the applicant has six months in which a building permit must be obtained. Pursuant to Section 26-115.C.4., extensions for good cause may be approved by the Community Development Director if a request is made in writing prior to the expiration date of the variance approval. On January 31, 2017, a request for extension of the variance was received. You have requested an extension based on complications with application for building permit. The Community Development Director acknowledges your request for extension and hereby grants an extensuion for six months. Please be advised that if a building permit is not obtained by August 15, 2017, your variance will expire. Sincerely, Xaure/n Mikulak, AICP Acting Community Development Director www.ei.w h eatridge.co.0 s Wheat Ridge United Methodist Church Trustees Committee 7530 W 38th Ave Wheat Ridge, CO 80033 January 31, 2017 Meredith Reckert, AICP Senior Planner City of Wheat Ridge 7500 W 29`h Ave Wheat Ridge, CO 80033-8001 Re: Extension of variance waver for church sign Meredith Reckert: I am writing regarding the 6 -month administrative variance waver which currently expires February 4, 2017. Our Trustee Committee decision has taken a considerably longer time reaching a final consensus on the 4 companies presenting new electronic sign proposals. We have now narrowed the companies down to Gordon Sign Company and Robson Corporation. Thus, requiring additional time to complete the choice. We are hereby requesting an extension of the variance in order to complete the following items: 1. The size of the base 2. The current sign's support beam extends from center of the base vertically to an area within the sign. We are not sure how high up into the sign it extends and the condition of the beam. 3. Gordon Sign Co installed the current sign about 14 years ago, and has not yet been able to provide the beam height in item 2 above. (old records stored off site, search currently in process) 4. On Tuesday, February 7 we will be opening the entire face of the sign to establish the actual height and condition of the vertical beam noted in item 2 and 3. 5. We are currently working to establish costs of providing electricity, wiring, ducting etc. and penetration of the building for these items and internal routing. This will require trenching from sign to building. 6. We will then get final changes from each company based on the above information and proceed to a final selection. Prior to signing the contract, we would like to obtain zoning department review and be sure that the design of the sign and its dimensions will meet required specifications, we will then complete the purchase. It is our feeling that this can be accomplished within the next 3 months and the job started. Your assistance in this matter will be greatly appreciated. If you have any questions, do not hesitate to contact me. Cecil McGlothlen f Trustee Committee 303-237-3057 Home 303-520-7456 Cell csmcgloth@msn.com City of W heat I�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 August 5, 2016 Cecil McGlothlen Board of Trustees Wheat Ridge United Methodist Church 7530 W. 38th Avenue Wheat Ridge, CO 80033 Re: Case No. WA -16-11 Dear Mr. McGlothlen: Please be advised that your request for an LED changeable sign in the Mixed Use -Neighborhood (MU -N) zone district for property located at 7530 West 381h Avenue has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (February 4, 2017) of the date it was granted unless a building permit for the variance has been obtained within such period of time. You are now welcome to apply for a building permit to construct the addition. Please feel free to be in touch with any further questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Approval of Variance and Staff Report Cc: WA -16-11 (case file) WA 161 Ldoc www.ci.wheatridge.co.us 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 City of Wheat j�dge Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 7530 W. 381h Avenue referenced as Case No. WA -16-11 / Wheat Ridge United Methodist Church; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a variance to allow a changeable copy LED sign in the Mixed Use -Neighborhood (MU -N) zone district (Case No. WA -16-11 / Wheat Ridge United Methodist Church) is granted for the property located at 7530 W. 38th Avenue, based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The alleged hardship has not been created by any person presently having an interest in the property. 3. The applicant is proposing a substantial investment that would not be possible without a variance. 4. The request would not be detrimental to public welfare. 5. No objections were received regarding the variance request during the public notification period. Kenneth Johnston/ AICV Community Devel pment Director City Of Wh6atl<ijge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: August 3, 2016 CASE MANAGER: Zack Wallace CASE NO. & NAME: WA -16-11 /Wheat Ridge United Methodist Church ACTION REQUESTED: Approval of a changeable copy LED sign in the Mixed Use -Neighborhood (MU -N) zone district. LOCATION OF REQUEST: 7530 W. 38`h Avenue APPLICANT (S): Wheat Ridge United Methodist Church OWNER (S): Wheat Ridge United Methodist Church APPROXIMATE AREA: 124,582 Square Feet (2.86 Acres) PRESENT ZONING PRESENT LAND USE Mixed Use - Neighborhood Church ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church Site nate A sign JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST The applicant is requesting approval of a changeable copy LED sign in the Mixed Use — Neighborhood (MU -N) zone district. Changeable copy LED signs are not permitted in the MU -N district, per section 26-1113 of the Municipal Code. The purpose of this variance is to allow the church to replace their current static signage, which is in need of extensive repairs. It is not uncommon for churches to have LED signage. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for variances from the strict application of Article VII (Signage) of the Municipal Code. II. CASE ANALYSIS The variance is being requested so the property owner may replace their current sign with a changeable copy LED sign. The property is located at the southwest corner of 38th Avenue and Vance Street, one block east of Wadsworth Boulevard (Exhibit 1, Aerial). The existing church sits on a 124,582 square foot (2.86 acre) parcel and was constructed in 1958 per the Jefferson County Assessor. The property is zoned Mixed Use — Neighborhood (MU -N) per the 2012 city -initiated rezoning of the 38th Avenue corridor. As such, neighboring parcels to the east and west are also zoned MU -N. Across 38th Avenue and Wadsworth Boulevard are large areas of Mixed Use — Commercial (MU -C) zoning, per a 2011 city -initiated rezoning. Changeable copy LED signs are allowed in the MU -C zone district. To the south and southeast of the subject property is a residential area largely zoned Residential -Three (R-3). Bordering the property to the southwest are three properties zoned Restricted Commercial and Neighborhood Commercial (Exhibit 2, Zoning Map). The mixed-use zone districts were established to create a flexible approach to land uses and to enhance the character of Wheat Ridge's commercial corridors and centers by promoting development that creates a balanced mix of land uses; supports a sustainable and resilient local economy; provides unique places for people to live, work, shop, and play; improves the public realm through high quality design; promotes use by pedestrians, bicyclists, and transit users, in addition to automobiles; encourages active lifestyles; and maintains the character and integrity of adjacent residential neighborhoods. Further, the Mixed Use — Neighborhood district intends to encourage medium density mixed use development, allowing residential, civic, and a limited range of neighborhood -serving commercial and retail uses. The mixed use sign code states that `changeable copy signs' and `LED electronic signs' are not permitted in the MU -N district or MU -C TOD sub -district (Exhibit 3, Site Plan). During the public notification period Staff received one phone call from a neighboring property owner inquiring about the request. After an explanation the property owner stated he had no problems with the proposed changeable copy LED sign. Staff did not receive any objections regarding the variance request. Administrative Variance Case Alo. WA -16-11 / Wheat Ridge United Methodist Church III. VARIANCE CRITERIA In order to approve an administrative variance, the Community Development Director must determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided their analysis of the application's compliance with the variance criteria (Exhibit 5, Criteria Responses). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not 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. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a church, regardless of the outcome of the variance request. Staff finds this criterion has not been met. The variance would not alter the essential character of the locality. The MU -N zone district is intended for more neighborhood main streets and neighborhood commercial centers, promoting walking and biking and slow vehicle speeds. As such it is presumed that changeable copy LED signs were restricted from this zone district because of its low-key, slower -paced neighborhood environment. The MU -C zone district on the other hand is intended for major commercial corridors and community and employment activity centers. Major corridors are typically more energized, fast -paced thoroughfares and centers. As such, it is presumed that changeable copy LED signs were more appropriately allowed in this district. That being said, the Church's location is in close proximity, one block to be exact, from a large area of MU -C along Wadsworth Boulevard. Wadsworth is very much an energized, fast -paced thoroughfare. The Church is located along 38`h Avenue near the transition zone from five (5) lanes to a more slow-paced, pedestrian friendly neighborhood 3 -lane street. A changeable copy LED sign would not be entirely out of context in the area in which the church is located. Additionally, directly across 38'h Avenue to the north properties are zoned MU -C from Upham Street to Yukon Court, where any of the businesses in this area could construct a changeable copy LED sign. A changeable copy LED sign on the church property would not alter the essential character of the locality. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property. Without the variance they would be limited to the sign they are currently using, or a newer version. The changeable copy LED sign will allow the Church to better engage with the community and support community Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church events within the location. The sign is expected to be a substantial investment in the church property and their outreach community. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The physical surrounding does not result in a particular or unique hardship. Staff finds this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Changeable copy/LED signs are allowed in 18 of Wheat Ridge's 20 zone districts. The two zone districts in which changeable copy LED signs are expressly prohibited are MU -N and MU -C TOD. The 38th Avenue corridor was rezoned to MU -N by a city -initiated rezoning in 2012. The MU -N rezoning extends all the way to Wadsworth Boulevard on the south side of 38th Avenue, while it extends only to Upham Street on the north side of 38th Avenue (Exhibit 2, Zoning Map). The north side of 38th Avenue was rezoned to MU -C (which allows LED signage) by a 2011 city -initiated rezoning, while the south side was not, despite being located along the same corridor in the same general location. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The church is in close proximity to the Wadsworth corridor, and any business on the north side of 38th Avenue, directly adjacent to the church, could put up a changeable copy LED sign. These are two main reasons why it has been determined that the request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The addition would not impede the sight distance triangle and would not increase the danger of fire. It is unlikely that the request would impair property values in the neighborhood. Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The properties directly adjacent to the church to the east and west are also zoned MU -N and are unable to have a changeable copy LED sign, while their adjacent properties across 38th Avenue are zoned MU -C. The adjacent property to the West, currently a Shell gas station, has been the subject of a recent land use case in which the applicant desired to rezone the property to MU -C, as it was felt proximity to the Wadsworth corridor and 38th Avenue/Wadsworth Boulevard intersection was more in line with MU -C than MU -N. While the application was withdrawn, it raises a question about the delineation between MU -N and MU -C around the 38th Avenue/Wadsworth Boulevard intersection, and if MU -N is appropriate in this context. Similarly, the properties further south on the west side of Wadsworth Boulevard are zoned Restricted Commercial (RC) and Neighborhood Commercial (NC) and arguable might better be zoned MU -C. The historical reason this group of properties (the aforementioned RC and NC properties as well as the subject property) is not zoned MU -C is that the boundary of the Wadsworth corridor city -initiated rezoning were drawn to coincide with the Wadsworth Boulevard Urban Renewal area. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. This request would not impact the church's accommodation of a person with disabilities. Staff finds this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. A new sign does not trigger the application of the Architectural and Site Design Manual. Staff finds this criterion is not applicable. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a changeable copy LED sign for a property zoned MU -N located at 7530 W. 38th Avenue. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The variance would not alter the essential character of the locality. 2. The alleged hardship has not been created by any person presently having an interest in the property. 3. The applicant is proposing a substantial investment that would not be possible without a variance. Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church 4. The request would not be detrimental to public welfare. 5. No Objections were received regarding the variance request during the public notification period. Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church EXHIBIT 1: AERIAL Administrative Variance Case No. K'A-16-11 / Wheat Ridge United Methodist Church EXHIBIT 2: ZONING MAP �itY or V`Jh P41919e Geographic Information Systems Legend Subject Property Displayed Zone Districts Residential -Two (R-2) Residential -Three (R-3) Restricted Commercial (RC) Neighborhood Commercial (NC) Planned Commercial Development (PCD) Mixed Use Neighborhood (MU -N) Mixed Use Commercial (MU -C) AYE. - 0 a wo xw state Plane Ca ft. a Prorectwn no N WD,.10 Central Za A Dmu NAD•3 N Administrative I%ariance 8 Case No. WA -16-11 i Wheat Ridge United Methodist Church ROW EXHIBIT 3: SITE PLAN cxisun� �,uu►cu Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church isting signage. •oposed to be placed with a ingeable copy LED sign. EXHIBIT 4: SITE PHOTOS Administrative Variance 10 Case No. WA -16-I1 / Wheat Ridge United Methodist Church Administrative Variance Case No. WA -16-11 / Wheat Ridge United Methodist Church EXHIBIT 5: CRITERIA RESPONSES Attachment for City of wheat Ridge Review Criteria: Variance 1. LED Sign will allow information to be available to the Community at large as well as our Church Membership. 2. Will not alter character of the locale 3. True about total of $20,000 to $35,000 investment 4. New sign is required and LED sign will allow better use of the facility for community use. 5. None known 6. This sign will be easily used for all without impairing the surrounding area or public safety 7. Current sign is very difficult to use and repairs are required lending to the use of new led lights and messages controlled within the administrative office of the church. 8. Not applicable 9. Not applicable Administrative Variance 12 Case No. WA -16-11 /Wheat Ridge United Methodist Church tyof WheatR4 jge POSTING CERTIFICATION CASE NO. WA -16-11 DEADLINE FOR WRITTEN COMMENTS: July 29, 201 I, residing at �C " (name) (a d d rfe ss) J✓ as the applicant for Case No. WA -16-11 hereby certify that I have posted the sign for Public Notice at 7530 West 38`h Avenue (location) on this day of and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: r U6 f -e NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP �of _ � PUBLIC POSTING REQUIREM\NTSD One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments [sign must be in place until 5pm on July 29, 2016] It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. lI� City of Wheatljdge POSTING CERTIFICATION CASE NO. WA -16-11 DEADLINE FOR WRITTEN COMMENTS: July 29, 201 77 i (name residing at `� 7f2f20,�nl,11-5>eTj (a d d r4 ss) as the applicant for Case No. WA -16-11 hereby certify that I have posted the sign for Public Notice at 7530 West 38`" Avenue (location) on this day of and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP City of WheatRidge PUBLIC POSTING REQUIREM NTS iD One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments [sign must be in place until 5pm on July 29, 2016] It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of "� WheatP COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE July 18, 2016 Dear Property Owner: This is to inform you of Case No. WA -16-11, a request for approval of a changeable copy LED sign in the Mixed Use -Neighborhood (MU -N) zone district. The attached aerial photo identifies the location of the variance request. The applicant for this case is requesting a variance eligible for administrative review per section 26-115.0 of the Municipal Code to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adiacent property owners are required to be notified of the request. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on July 29, 2016. Thank you. WA1611.doc www.d.wheatridge.co.us Site Plan 4F f1w -I r IF '5TH PL C Site Approximate location of sign 7403 WEST 38TH AVENUE LLC BRADLEY PETROLEUM INC ACEVEDO ALFREDO BACKES JONATHAN WANE 7268 S TUCSON WAY 3700 WADSWORTH BLVD 1100 S GRAY ST ENGLEWOOD CO 80112 WHEAT RIDGE CO 80033 LAKEWOOD CO 80232 BATT CAVE LLC 8203 KLINE ST ARVADA CO 80005 MOORE WILLIAM E 31719 ROCKY VILLAGE DR #402 EVERGREEN CO 80439 R E VOLVE INVESTMENTS LLC 1709 W COLFAX AVE DENVER CO 80204 K & B MANAGEMENT LLC 3790 WADSWORTH BLVD WHEAT RIDGE CO 80033 MSIDE LLC 3650 VANCE ST #1 WHEAT RIDGE CO 80033 RX PHARMACIES PLUS INC 3660 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE 08 A WHEAT RIDGE 08 A LLC WTP LLC 12411 VENTURA BLVD 7431 W 36TH AVE STUDIO CITY CA 91604 WHEAT RIDGE CO 80033 MOLASS CORP BEATON DANIEL R 3760 VANCE ST #100 WHEAT RIDGE CO 80033 N+B LLC PO BOX 6116 EAGLE CO 81631 TAMMAM JENNIFER 2870 TENNYSON ST DENVER CO 80212 Your Consultant: Mark Deutschle Customer ID: 1786460 Quote Number: 882591 / 1 Date Quoted: 5/11/2016 (800) 237-3928, x208 This Limited Warranty specifically does not cover conditions, defects or damage caused by or resulting from the following: 1. Defects caused by non-compliance with Company's instruction manual or any other such instructions; 2. Defects caused by unreasonable or unintended use of Product, improper or unauthorized handling, accident, omission, neglect, vandalism (unless otherwise noted in this Warranty), misuse, physical abuse, installation, use and/or fabrication, and maintenance of the Product by any party other than the Company; 3. Damage not resulting from manufacturing defects that occur while the Product is in the Owner's control and/or possession; 4. Extreme physical or electrical stress or interference; environmental conditions beyond the Company' control such as man-made or naturally occurring corrosives and metallic pollutants; normal wear and tear; inadequate, improper, or surges of electrical power; lightning, floods, fire, acts of God, war, terrorism, or other external causes, including Force Majeure. 5. Unauthorized modification including installation of third -party software on the Product. 6. Product modification or service by anyone other than: (a) The Company, (b) a Company Authorized Service Provider, or (c) Customer's own installation of Company approved parts with instruction from the Company. 7. Computer viruses, Trojan horses, worms, self -replicating code or like destructive code which was not included in the Product by the Company. 8. Products installed with known or visible manufacturing defects at the time of installation. All items returned to the Company must have a Return Materials Authorization (RMA) number, available by using the contact information below. Items received without an RMA number will not be processed and returned to the Customer at their expense. For exchange items, the number is included with the shipment of the exchange unit. The defective part must be returned to the Company or the Customer will be charged the price of a replacement part. The Company will provide and be responsible for the cost of shipping parts from the Company to the Customer, with the exception of sign faces replaced due to vandalism. For shipments weighing less than 30 lbs, the Company will ship in the US/Canada using 2nd day delivery. For shipments over 30 lbs, or outside the US/Canada, the Company will ship out using ground delivery or service of its choosing. Expedited delivery is available to the Customer at their expense. The Customer will provide and be responsible for the cost of shipping parts to the Company. Service to a damaged or malfunctioning sign which has not been ordered or authorized by the Company's Customer Support Department is not only not covered under this warranty, but also will immediately and automatically invalidate this warranty. Removing and reinstalling any and all repaired or replacement parts are the responsibility of the owner. Warranty claims must be registered with the Company within thirty (30) days of damage or malfunction. To register a claim the Customer must contact the Company at the location specified below, providing your name and any other required contact information, a description of the Product, date of Product purchase, and nature of the defect, which may include, but is not limited to, written descriptions, photographs, video, defective parts or other evidence. The Company reserves the right to require proof of original purchase (e.g. paid invoice, receipt) and to visit the site of the installation or to require documentation of the claim before assuming any responsibility under the provisions of this warranty. Title to the product passes to the buyer upon our delivery to the freight carrier. Loss or damage to the product when in possession of the freight carrier is the responsibility of the customer and the freight carrier is not covered by this warranty. Upon delivery, incidental blemishes and scratches are considered normal unless they can be viewed from 20 feet or more under normal use conditions. The Company assumes no liability for damage caused by careless handling or poor installation except for work completed by employees or agents of The Company. In the event the sign is damaged during shipping it is the responsibility of the buyer to refuse delivery, causing the sign to be returned to the manufacturer for repair. Any information or suggestion by the Company with respect to the Product concerning applications, specifications or compliance with codes and standards is provided solely for your convenient reference and is made without any representation as to accuracy or suitability. You must verify and test the suitability of any information with respect to the Product for your specific application. THE LIMITED WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY THE COMPANY IN CONNECTION WITH THE PRODUCT. THE COMPANY CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY'S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE TO REPAIR OR REPLACE MALFUNCTIONING OR DEFECTIVE PARTS OF THE PRODUCT. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCT PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES. Limitation of Liability No claim by Buyer of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Product with respect to which damages are claimed. IN NO EVENT SHALL THE COMPANY BE LIABLE TO BUYER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFIT, REVENUE OR USE, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCT SOLD HEREUNDER, OR FOR ANY LIABILITY THAT BUYER HAS TO ANY THIRD PARTY WITH RESPECT THERETO. Contact Information: Stewart Signs Customer Support 2201 Cantu Court, Suite 215 Sarasota, FL 34232 Phone: 855-841-4624 Web: www.stewartsigns.com/support/ Email: support@stewartsigns.com Copyright © 2014 Stewart Signs Lim Prod Warr rev.11.19.14 Stewart Signs - 2201 Cantu Court - Suite 215 o Sarasota, FL 34232-6255 Phone: (800) 237-3928 Fax: (800) 485-4280 Web: www.stewartsigns.com Tax ID: 20-5076284 Your Consultant: Mark Deutschle Customer ID: 1786460 Quote Number: 882591 / 1 Date Quoted: 5/11/2016 (800) 237-3928, x208 Stewart Signs America's Premier Sign Company Limited Product Warranty Definition of Warranty Coverage: Stewart Signs (the "Company") expressly warrants to the original purchaser ("You" or "Buyer" or "Owner' or "Customer") that, for a period of five (5) years from the date of shipment (the "Warranty Period"), the electronic displays and the associated company products (the "Product") will be reasonably free of defects in materials and workmanship. During the Limited Warranty Period the Company will, at its discretion, repair or replace any defective covered product. This Limited Warranty only applies to the Company's Product if installed, used, and maintained in the manner recommended by Company and this Limited Warranty is conditioned upon compliance with all such instructions. Sign Structure and Sign Face: Under normal use and service should the sign structure or identification /changeable copy portion of the sign malfunction DURING THE LIFE OF THE SIGN due to defects in workmanship or materials, with the exception of lamps and ballasts, the Company will, at its option, repair or replace any defective materials. Vandalism to Sign Faces: This limited warranty covers polycarbonate faces against breakage due to vandalism DURING THE LIFE OF THE SIGN. Warranty protection does not extend to these surfaces if damaged by gunshots, or when damaged coincident with damage to the sign cabinet. Failed electronic parts or assemblies will be repaired, exchanged or replaced, at the discretion of the Company. Telephone support is provided as needed during the warranty period. Removing and reinstalling repaired or replacement parts are the responsibility of the owner. Replacement or repaired parts are warranted to be free from defects in material or workmanship for ninety (90) days or, for the remainder of the Limited Warranty Period of the Product they are replacing or in which they are installed, whichever is longer. The Company will repair failed LED pixels, if greater than 0.5% (one-half of one percent) of the total number of pixels in the sign have failed in one (1) year, provided the sign is installed with the recommended ventilation system for its location. The definition of pixel failure is when all LED's in the pixel will no longer emit light. Pixel repair is performed at the Company Repair Center. Owner bears the responsibility of transporting Product to Company's Repair Center. As known within the Sign Industry all LEDs degrade and produce less light as they age. Eventually the LEDs will require replacement even though the LEDs will still emit light. This Warranty does not cover normal LED degradation. The Company will make reasonable attempts to repair failed radio components. The Company defines radio component failure as a radio component that does not transmit or receive data properly due to a manufacturer's defect. If the Company, at its discretion, determines a repair is unreasonable, replacement is not included in this Warranty and the third -party manufacturer's warranty will apply. Local site interference or obstructions may cause intermittent or complete failure of radio performance. This Warranty does not include the provision of replacement communication methods (such as wire, fiber optic cable, conduit, trenching or other solutions) for the purpose of overcoming local site interference. The Warranty does not cover electrical work external to the equipment, accessories, alterations, attachments, or other devices furnished by the Company. Batteries and metallic or fiber optic data cables are not covered. E_I9ibility and Warranty Period: This Limited Warranty is not transferable. Service under this Limited Warranty begins immediately upon shipment to the Customer or the Customer's Authorized Reseller. Unless otherwise stated the Limited Warranty period is 5 years. Customer Obligations: Failure by the Customer to properly maintain the Product, including but not limited to filters and the ventilation/air conditioning systems, will void coverage for affected components. The Customer shall notify the Company immediately of equipment failure and allow the Company full and free access to the Product when required. Waiver of liability or other restriction shall not be imposed as a site access requirement. The Customer is responsible for all costs and management oversight associated with providing the Company access to the Product, providing the necessary tools, machines, communication facilities and other equipment at no charge. Exclusions and Restrictions: The Company reserves the right to restrict service, limit replacement parts or invalidate this Limited Warranty to Customers whose account balance is past due. This Limited Warranty specifically excludes any on-site labor required to service the covered Product including diagnosis, removal and installation of parts or products. Any on-site service required by the Customer of Company technicians or a local Authorized Service Provider is billable to the customer based on an agreed upon written quote. This Limited Warranty does not apply to software. Software is covered by a separate Agreement, which appears in the seller's software license agreement. This Limited Warranty does not apply to any third -party hardware products or software, even if packaged or sold with the Company's Product. Manufacturers, suppliers, or publishers, other than the Company, may provide their own warranties to the end-user purchaser, but the Company, in so far as permitted by law, provides their products "as -is". This includes, but is not limited to, electronic ballasts and radio components. This Limited Warranty specifically does not cover the following: 1. Third -party communications devices such as wireless devices and modems, except that the Company will facilitate the return of such components to the manufacturer if they are still within the manufacturer's warranty; 2. Product that has been moved from its original installation location or is mounted in a mobile structure; 3. Cosmetic damage to the product (including but not limited to scratches, dents and broken plastic that do not otherwise affect the functionality of the Product or materially impair its use); 4. Temperature sensors will register results +/- 5 degrees given local environmental factors such as direct sunlight, distance from concrete or asphalt, etc.; results are not guaranteed or covered under this Limited Warranty. 5. Recovery or transfer of any data or software stored on the Product not originally installed on the Product by the Company. Stewart Signs - 2201 Cantu Court " Suite 215 - Sarasota, FL 34232-6255 Phone: (800) 237-3928 Fax: (800) 485-4280 Web: www.stewartsigns.com Tax ID: 20-5076284 Your consultant: Mark Deutschle Customer ID: 1786460 Quote Number: 882591 / 1 Date Quoted: 5/11/2016 (800) 237-3928, x208 1. Check proposal for accuracy and, if approved, sign and date where indicated on reverse. 2. Approve design and colors on the custom artwork. Be sure to check spelling. If approved, sign and date the artwork. 3. Write deposit check according to terms listed on proposal form's header, made payable to EBSCO Sign Group LLC, dba Stewart Signs. 4. Return signed custom artwork, signed proposal form and deposit check to Stewart Signs. Unless indicated under special instructions, permits, footers, erection, electrical service, electrical hook-up and planters or other decorative masonry are the responsibilities of the buyer. Stewart Signs furnishes engineered footer drawings when applicable. Any cancellation may be subject to a cancellation charge. A late fee of 1.5%per month wilt be charged on any overdue balances. In the event of a payment default, customer will be responsible for all of Stewart Signs costs of collection, including but not limited to court costs, filing fees and attornev fees. Stewart Signs - 2201 Cantu Court - Suite 215 - Sarasota, FL 34232-6255 Phone: (800) 237-3928 Fax: (800) 485-4280 Web: www.stewartsi_qns.com Tax ID: 20-5076284 Your Consultant: Mark Deutschle Customer ID: 1786460 Quote Number: 882591 / 1 Date Quoted: 5/11/2016 (800) 237-3928, x208 Customer's Authorized Signature Print Name Date 5/12/2016 Mark Deutschle, Regional Manager - Church Date Division (800) 237-3928, x208 Stewart Signs - 2201 Cantu Court - Suite 215 - Sarasota, FL 34232-6255 Phone: (800) 237-3928 Fax: (800) 485-4280 Web: www.stewartsigns.com Tax ID: 20-5076284 . eo� P�Lk stewartsi ns Arnerica's Premia itys� £,�u�pur+y WHEAT RIDGE UNITED METHODIST CHURCH 7530 W 38TH AVE WHEAT RIDGE, CO 80033 Attn: AARON GRAY Consultant: Mark Deutschle, x208 mdeutschle@stewartsigns.com Direct Fax: (888) 503-3519 Customer ID: 1786460 Quote #: 882591 / 1 Quoted: 5/11/2016 5'x 8' Double Sided TekStar with 32x112 Full Color LED Display. Thermoformed Makrolon SL Faces Decorated on Inside Surface with 3M Vinyl Graphics. 12" Deep Extruded Aluminum Hinged Cabinet. Face / Cabinet Details Internal TekStar Cabinet with Complete LED Display Header Area Decorated with Internal Photo -Real Graphics Assembly, 20mm 32x112 Color Horizontal Lamp Illumination with Electronic Ballast(s) LED Communication Method: Short-range Wireless; connectivity requires line -of -sight between sign antenna and wireless device antenna mounted on building by customer. Maximum distance of 1,500 feet' between antennas. Electrical Information One 20 Amp Circuit, 120 Volts; Max Draw: 16.15 Amps DayStar Controller and Daystar Media Software Included ' Structural Details I Mount Style: Dual Leg Mount Cowling (Creates Pedestal Appearance) Mount Size: Leg Height: 3 Ft 6 In Leg Width: 2 Ft 8 In Overall Sign Height: 8 Ft 6 In Minimum Wind Load Rating: 120mph, Exposure B Miscellaneous Items Buy Factory Direct Vandal Covers with UV Protection Included Freieht Included I.D. Cabinet: Black Header Copy: White Draft: White Mount: Black Investment: $20,073.00 Unless otherwise noted in Special Instructions, these prices are valid for 60 days. Freight, storage, other freight services and applicable sales tax will be added to your invoice. Organizations exempt from sales tax must include exempt certificate with order. Shipping Terms: F.O.B. Origin Payment Terms: 50% Down, Balance due 10 days after shipment Stewart Signs o 2201 Cantu Court - Suite 215 - Sarasota, FL 34232-6255 Phone: (800) 237-3928 Fax: (800) 485-4280 Web: www.stewartsigns.com Tax ID: 20-5076284 Rev. N W798CO998 Last Printed: 5/12/2016, 2:12:39PM • �s ,� �► �, Mr' � �• ..... ..... ....... ....... ... ...W .r. .. .. ... W ......... ......... ......... ......... ... .... .. ....... .... .. .... .. •. .. .r .•.. ••••. ...• .r •. .••. 00 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .•.... .. .. •• • •..•• •••N•::a... ••.• •• •• •• •• •. • •• •• •• •• •• •• •• ii •... •• •• u•e.• •• •• •• •• •• •• •• •e .. •• •• •• •• •• •• i • • • • • • • DAYSTAR & T E KS TAR FULL COLOR CAPABILITIES FOR 16MM 40 PIXEL HIGH MATRIX wartsigns America's Premier Sign Company www.stewartsigns.com Phone 1-800-237-3928 45+ - Endorsed Supplier for of YEARS THE UNITED METHODIST CHURCHx�Qunce OVERALL 81 HEIGHT 81 611 6' Man � Z� 8., Te Star 20 2' 32x112 5`x8' 5` 31 611 Cabinet: 5'x 8' Cabinet Color: Black Outline Color- Burgundy Mount: Pedestal Custom (3'611 x 2'8") Face Color White Font: Murray Hill Line Color: White Logos: line, 8825911ho ORIGINAL DESIGN DO NOT DUPLICATE � ouE Ton�E PwYc��., uw�TwnoNs nr TRE PwPCR wNo �N.cawsco PR�Nn _ =TN,s��� �NwRTwoRK,sRor,N.oTOPRo.N ���� s te w a r t s ig n s M.T�RP M'MEA�URFM4NT.55NOwN ARE APPROYIV4TbHc(fl wL PY+oo�KT�wAv vwRv � suwwPRo'�9wLRETUCA'/C RE'AO�..vn McotlPONtNTo �'rcr¢s nREw oE6iG�+T w'rt1uw�+A America's Pr9inter sitino=arrs;,atfiy TN"" - �Eo.,..oF,Mn.,KM�x„ ,w"`••••""� APPROVED AS SHOWN. 1-800-237-3928 WWW.STEWARTSIGNS.COM X DATE 1. APPROVED WITH LISTED CHANGES. 2. Sketch #215410 Customer #1786460 X DATE 3- 5/13/2016 Mark Deutschle-PROPOSAL- 14 ��GQ i y nom_ t anrFr . �• III s,.t+�"�'�"""`:�..N""K...�_Y__._�...�"�., �.. �, *� 79 ~j L Mn r d. � m u4` Y ...J UY ..,....•e._r p: s+ q q �,P.P's 1 # O loans Cl l� adswort#i I. Ivd WRU, ori SIMM .;n II • ," Gnn3([e earth Attachment for City of wheat Ridge Review Criteria: Variance 1. LED Sign will allow information to be available to the Community at large as well as our Church Membership. 2. Will not alter character of the locale 3. True about total of $20,000 to $35,000 investment 4. New sign is required and LED sign will allow better use of the facility for community use. 5. None known 6. This sign will be easily used for all without impairing the surrounding area or public safety 7. Current sign is very difficult to use and repairs are required lending to the use of new led lights and messages controlled within the administrative office of the church. S. Not applicable 9. Not applicable City of Rev. 5/2014 Wheat _ge COMMUNITY DEVELOPMENT Review Criteria: Variance A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. Per Section 26-115 of the Wheat Ridge Municipal Code, the reviewing authority (Community Development Director, Board of Adjustment, Planning Commission, or City Council) shall base its decision in consideration of the extent to which an applicant demonstrates that a majority of the following criteria have been met: 1. The property in question would not 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. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. 4. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. 5. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. [Does not typically apply to single- or two-family homes.] 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. [Does not typically apply to single- or two-family homes.] Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us (c) Should Lender not elect to Accelerate upon the occurrence of such'Transfer then. subject to (b) above, the mere fact notice of a lapse of time or the accePtaace of payment subsequent to any of such events, whether or not Lends had actual ora therefrom by irtue such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped thereof The issuance on behalf of the Lender of a routine statement showing Lender's said rights.loan, whether or not Lender had actuaS or constructive notice of such shall ngcs ot of estoppel copy oft he Note and this Deed of Trust. 25. Borrower's Copy - EXECUTED By BORROWER. IF BORROWER IS NATO SON(s): doing business as IF BORROWER IS CORPORATION: WH T- /Q I o �- t V )'776-- ATTEST: /6-- ATTEST: N.mcdca tioa ( , BY S.aw�ny�Vr, (SEAL) IF B OWER IS PARTNERSHIP: Nwoe d tlrmeohio BY A C---1 Partner STATE OF COLORADO ss. £ O!' � County of� �7 day of The foregoing instrument was acknowledged before me this 1 by` Witness my hand and official seal- v My commission expires: a — S - O n/ r r.ntc nn %� %i IU i t U�;,X ),P]/L Aae,e. n� We QYL%It to t� emaarHm Cif the Nobe -and Dga9 of Mix#- by the PLt iwd f-r�s- C', ct the amd cif ni bers (af We& RK* U tea Must Oxxc t, wd a tl.fy ttat said N:�bL 3X? D1,d Cf `I,,S't CCrffCMB tD ti -e 1 ascap1 e of the (lni#�i N St Chxd1. 'If a natural person or Persons, insert the name(s) of such persou(s). if a corporation, insert, for example, "John Doe as President and Jane Doe as Secretary of Doe & Co., a Colorado corporation:' If a partnership, insert, for ecample, "Sam Smith as Men" partner in and for Smith & Smith, a general partnership„ No. TD72-7-96. Page 4 of 4 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower Provided for in this ve upon (1) delivery to Borrower or (2) mailing such notice by first - clam U.S. mail, addressed to Borrower at BOTrOwe , to Under shall be if, writing and shall be given and be effective upon (1) notice to Lender as provided herein, and (b) any notice delivery to Lender or (2) mailing Borrower by first-classmail, to Under's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. and this Deed of shall be governed by the law of Colorado. In the event that any 17. GoverniDgLaw-,Severability. The Note coon this Deed of ofTrust or the Not, flicts with the law, such conflict end affect other provisions of provision or clause of this Deed n, and to this end the provisions of the Deed of Trust and Trust or the Note which can be given effect without the conflicting provisic, of the Note are declared to be severable.Property; Assumption), 18. Acceleration; Foreclosure; Other or upon any default in a prior lien upon the Remedies. Except as provided in paragraph 24 {Transfer Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, i property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and Payable (Acceleration) 16 exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed Of Trust including, but not lim ited to, reasonable attorney's fees. of such election. Trustee shall give such notice to W If Lender invokes the power of e, Lerider shall give written notice to Trustee Jt' Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall Property, for not less than four weeks in a newspaper of general circulation its each county advertise the time and place of the sale of the PTOP) proscribed bylaw. After in which the property is situated. and shall mad copies of such notice of sale to Borrower and other persons as prose th �y be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction 10 e the lapse of such time as memore highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. reasonable costs and expenses of the sale, including, but ce s um Trust hall apply the proceeds of the sale in the following order: (a) to all r s secured and costs of title evidence: (b) to all s ed by this Deed of Trust; and (c) not limited to, reasonable Trustee's and attorney's fees the excess, if any, to the person or Persons legally entitled thereto. 1 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the ownersof the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest es� late charges., attorney's fees and other fees all in the manner provided by law. U Pon i payments due as of the date of cure, costs, expenses effect as though no Acceleration had such payment, this Deed of Trust and the obligationssecured hereby shall remain in full force and ure proceedings shall be discontinued. occurred, and ft foreclosure n. As additional security hereunder, Borrower hereby 1 20. Assignment of Rents; Appointment of Receiver Leader in Possession. 8 (Acceleration; Fare - assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph I they become due and Closure; Other Remedies) or abandonment of the property, have the right to collect and retain such rents as Acceleration under payable, iv for the P o or Lender or the holder of the Trustees certificate of purchase shall be entitled to a rece ey r Perry aft foreclosure pro_ paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by ademption, if any-, and shall be entitled thereto as a matter of right without regard to the solvency Or ceedings and the period of to r may be appointed insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receive —notice . tice being hereby expressly waived. by any Court of competent jurisdiction upon ex parte application and withnotice Lender, n Upon Acceleration under Paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, I person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment I second, to payments due upon prior liens, and then to the sums secured of the costs of preservation and management of the Property. or onlfor those rents actually received. by this Deed of Trust Lender and the receiver shl be liable to accou Conder shall cause Trustee to release this Deed of Trust 21. Release. Upon payment of all sums secalured by this Deed ofTrust.y Le T costs of recordation and shall pay the statutory Trustee's fees, IfLeDder and shall produce for Trustee the Note. Borrower shall pay all co � tice Borrower o Lender, shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (No ) from lost instrument bond required by Trustee or pay the cost thereof to effect that release of shall obtain, at Lender's expense, and file any this Deed of Trust. Borrower hereby waives all right of homestead and any other exemption in the Property under state 22. waiver of Exemptions. or federal law presently existing or hereafter enacted. 23 is not applicable if Funds as defined below are being paid pursuant This paragr-aph 1 23, Escrow Funds for Taxes and insurance Under, on each day installments of principal and interest are to a prior encumbrance. Subject to applicable law, Borrower Shall pay to of the payable under the Note, until the Note is paid in M, a sum (herein referred to as "Fun"') equal to of yearly premium yearly taxes and assessments which may attain priority over this Deed of Trust, Plus reasonably estimated initially and from time to time by Lender on the basis of assessments 1 installments for Property Insurairm, all as reaso n any excess Funds not used or shortages. and bills and reasonable estimates thereof, taking into account for the benefit of the Borrower and deposited in The principal of the Funds shall be held in a separate amount by the Lender in trust are insured or guaranteed by a federal or state agencplying . eshall apply the Funds to 1 an institution the deposits or accounts of which not charge for so holding and applying the Funds, analyzing said said taxM assessments and insurance premiums. Lender may Borrower any interest or earnings on pay compiling said assessments and bills. Lender shall not be required to pay BO the Funds accountorverifyingand -1 the Funds. Lender shall giveto Borrower, without charge, an annual amounting of the Funds showing credits and debits to the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this and Deed of Trust. and insurance premium astheyfallihic, If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given in r to Borrower requesting payment thereof. Provided however, if the loan secured by accordance with paragraph 16 (Notice) by lender surplus or any other required Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency, this rich applicable laws. adjustment shall be paid, credited or adjusted in compliance with s ously refund to Borrower any Funds held by n full of all sums secured by this Deed ofTrust, Lender shall simultane - Upon payment i tion- Foreclosure; Other Remedies) the property is sold or the property is otherwise acquired Lender, If under paragraph 18 (Acceleration , immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs by Lender, Lender shall apply, no later than inapplication as a credit against the sums secured by this Deed ofTrust. first, any Funds held by Lender at the time Of or" transfer sumption. The following events shall be referred to herein as Dart a or 24, Transfer of the Property; As or equitable) ofthe Property (or tiny part thereofor interest therein), (ii) the execution (or any portion thereof, legal conveyance of title able) in the Property (or any part thereof or agreement creating a right to title (or any portion thereof, legal Or cQuit of a contract or agr y (or any portion reoO, in excess of three (3) years, interest therein), (iii) or an agreement granting a possessory right in the Propert rcent (50%) contract or agreement creating aright to acquire or receive. more than fifty Pe execution he beneficial interest in the Borrower, M the reorganization, liquidation (iv) a sale or transfer of, of the exec Deed of of the controlling interest or more than fifty Percent (50%) of t' cumbrance subordinate to this or dissolution of the descent or by Borrower. Not to be included as a Transfer are (i) the creation of a lien or en money security interest for household appliances, or (iii) a transfer bl, devise. I Trust. (ii) the creation of a purchase election of Lender. it, the event of each and even transfer: operation of the law upon the death of a joint tenant. At the Trust shall become immediately due and Payable (Acceleration)- (a) All sums secured by this Deed of tender not exercise Lender's option Pursuant to this paragraph 24 to Accelerate, Transferee i (b) Ifa Transfer occurs and should shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides, This covenant shall run with the Property and effect until said sum are paid in full.. The Lender may without notice to the Borrower deal with Transferee and remain in full force ing the payment or credit to Transferee of undisbursed in the same manner as with the Borrower with reference to said sums incl reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. Continued an reverse side- No. TD72-7-96. Page 3of4 —I I 6 Prior Mortgages and Deeds rd Timet; Charges; Liens. Borrower shall perform a0 of Borrower's obligations under any Prior I t deed of trust and any other prior liens Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable he to the Property which may have or attain a priority over this Deed of Trust and leasehold pavto be ents or paid in ssuchnmannM byBorrower manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required shall not be required to make payments making payment when due, directly to the payee thereof Despite the foregoing, Borrows otherwise required by this paragraph if BerrOwCr, after notice to Lender, shall m good faith contest such obigatiot: y, or defend enforcement of such obligation m, legal proceedings which operate to prevent the enforcement of the obligation ar forfeiture of the Property en any part thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. ow existing or hereafter erected on the Property insured against i 7. pr9perty Insurance. Borrower shall keep the improvements amount at least equal of the Lesser of (1 the insurable value loss by hie or hazards included within the term "extended coverage" in as of the Property - (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any Prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance'.1 The insurance carrier providing the insurance shall be qualified to write property Insurance in Colorado and shall be chosen by Borrower subject to Lenders right to reject the chosen carrier for reasonable cause All insurancecarder shall otify Lender at least include a standard mortgage clause in favor of Lender, and shall provide that the insurance Ij days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing Lender shall have the right to hold the policies and renewals thereof - In the event of loss Borrower shall give prompt Douce to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. damaged, Provided such restoration or repair is ecoom- insurance proceeds shall be applied to restoration or repair of the Property ica]ly feasible and the security of this Deed of Trust is not thereby impaired. If ser restoration ed to the sums economically feasibled of if the security of this Deed of Trust would be impaired, the insurance proceeds Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender I within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower that the insurance carrier I offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sutras secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs j4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title ant of Borrower in and to any insurance d interest policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition policies and insurance proceeds are insurance All of the rights of Borrower and Lender hereunder with respect to insurance carriers, subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, poli© dr and �plzoceeds- not �'t waste or 8. preservation and Maintenance of Property Borrower shall keep the Property : good Paz permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a t Ileasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents . governing the use, ownership or occupancy of the Property. 6 above if the Bor- rower Protection of Leader's Security. Except when Borrower has exercised Borrower's rights under paragraph rower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior fieri, or if any i action or Proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's op ion, with i notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary Protect Lender's interest, including, but not limited to: the Property; (a) any general or special taxes or ditch or water assessments levied or accruing against t (b) the premiums on any insurance necessary to protect any improvements comprising a part of the Property; (c) sums due on any prior lien or encumbrance on the Property-, i' (d) if the Property is a leasehold or is subject to a lease, all sums due under such leasc, and Lenders interest in the i' e) the reasonable costs and expenses of defending, protecting, and maintaining Property ( Property, including repair and maintenance costs and expenses, casts and expenses of protecting and securing the Prop- erty, receiver s foes and expensesinspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of anattorney in the employment of the Lender or holder of the certificate of purchase; (f) a6 other costs and expenses allowable by the evidence of debt or this Deed of Trust, and j (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. or law or Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property otherwise to cure any default under said prior encumbrance - Any amounts disbursed by Lender pursuant to this pru>Pfn 9, with interest thereon, shall become additionsl indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from under to Borrower requesting(NoteOter O� ti bat I thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specifiedany action hereunder. Other. bons Secured)- Nothing contained in this paragraph 9 shall require Lender to incur any expense Y nder.provided that 10. inspection. Lender may make or cause to be made reasonable entries 8bpc and inspection cease therefor rely ed roto Lender property,f the terest in the Lender shall give Borrower notice prior to any such inspection specifying Property. direct or consequential, in connection with any condemn - 11. Condemnation. The proceeds of any award or claim for damages, and shall be paid to tion or other taking of the Property. or 1» thereof, or for conveyance in lieu of condemnation, are respectto suchproceeds are subject to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder the rights of any holder of a prior deed of trust. he excess, in the event of a total taking of the Property the proceeds shall be applied to the sums b ng after tail o� tet any part of the award i if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds t , due any prior lien holder (net award) shall be divided between Lender and Borrower: in the same ratio as the immediately O esus priorto secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property the date of taking Borrower's equity in the Property means the fair market value of the Property less the amottm of sums secured by are to receive any of the all at the value immediately prior to the both this Deed of Trust and all prior liens (except taxes) that i date of taking If the Property a abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or j settle a claim for otice is given, Lender is damages, Borrower fails to respond to Lender within 30 days after the date such or to the sums secured by this Deed to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property {l of Trust. shall not extend or postpotce the due date of the inctattnfents referred to in Paragraphs .' I I Any such application of Proceeds t) principal Funds for `Farces and Insurance) nor change the amount of such installments. 4 (Payment of Principal and Interest) and 23 (Escrow 12. Borrower Not Released. Extension ofthe time for payment s modification of teamortization of the sums secured lmb ty of of Trust granted by Lender to any successor in mterest of Borrower shall not operate to release, in any manner original Borrower, nix Borrower's successors in interest, frrrm the original terms of this Deed of Trust Lender shall not be required to commence proceedings against such successor or refuse to Wend time for payment or otherwise m modify amortization of the sus secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors i interest Lender in exercising any right or remedy hereunder, or otherwise I 13. Forbearance by Lender Not a Waiver. Any forbearance y t or remedy. afforded by law, shall not be a waiver or preclude the exercise of any such nigh 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, indepen- dently or successively. ts herein contained shall 15. Successors and Assigns Bernd; Joint and Several Liability, Captions. The�ndenan noriower� object to the Provisions of bind and the rights hereunder shall inure to the respective successors and assigns All covenants and agreements of Borrower shall be joint and several. The paragraph 24 (Transfer of the Property; Assumption). captions and headings of the paragraphs is this heed of Trust are for convenience only and are not to be used to interpret or define the I provisions hereof. Na TD72-7-96. Pale 2 af4 I' I' The Drkted P of tlrb form Lac Deco �pprorca br j � ', j the Cdondo peer Estvte Commicslan. CID 72-7-96) ' IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS t5 R tFCAt INSTRUMENT. IF NOT UND=00D, LEM TIII ON OTHER c0U115EE SHWLD BE CONSULTED NEFONE Sl6NIN6. ;1+ DEED OF TRUST (Due on Transfer — Strict) 7tYY — ,between i i day of THIS DEED OF TRUST is made this (Borrower), j .30 W 3l A0.. WTEt whose address is 75 rn 80033 and the Public Trustee of the County in which the property see par aBTaph i) is situatedlm Inc ): for the benefit of Oznf� LYtTt C /a% '�MJ±lodR (Lender), whose address is 3333 S. Panodc St. SLdte 205 IIr�1 , 80110 Borrower and Lender covenant and agree as fotlows: 1, property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of State of Colorado: Tot 3 LI-ited Math -j& -St Qzzdl Mims w3oivi_sicn Ctutty of Je VrSort State of Golaracb which has the address of 7530 W 38th (sem ) 80033 (property Address), together V21�t Colorado (Z., C.&) with all its appurtenances (Property). 2. Note; Outer Obligatious Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated in the principal sum of Ta -_- , until paid, at the U.S. Dollars, with interest on the unpaid principal balance from rate of — 7% — Percent per annum' with principal and interest payable at 3333 S. Bamxxk St. Shite 205 Riglacod, CD 80110 payments of or such other place as the Lender may designate, in 180 Dollars ,I n3md s niri and lFPQD �9 1R ,.,.) due on the 1d- day of each . rtr nth beginning(U.S. $ X)Qfi ;such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire ncipal amount outstanding and accrued interest thereon, shall be due and payable on and Borrower is to pay to Lender a late charge of $Z-2-00 % of any payment not received by the Lender within 15 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except B. the payment of all other sums, with interest thereon at . N/A % per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restne- i tions, reservations and covenants, if any, as of this date and except 4, payment of principal and interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note 5. Application cf payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and insurance), then to amounts disbursed by Lender pursuant to j± paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. -.-�__ ----- -- - -- -- wig Nu. TD72-7-96. DEED OF TRUST (Due on TN -de — Sn"") Rmdfnrd Pubtishim. 1743 wezce St_ Dea',cr. CO 80_02 — (303) 292-2500 — 8-91 - t 4- Yv n 7 1111111111111 R $21.00 - —� - --- 2006108018 0 $0.00 09!0112006 05:04:13 PM 4 Page(s) TD TAe'rined v.rtisudr6ic r r. hcwe •.x.. a ►, Jefferson CDuliy, Colorado t4 Ca1raM RW Flhhe Crnwrn�ie�. frD T2-7-lKt J IF THIS FORM S USED INA CONSUMER CREDIT TRANSACMON, CONSULT LEGAL COUNSEL t TrtS 4 I1 "G" IIIST"NM- IF ROT t NKUT000, LEM T" Or 011" tOtIRM 311011111.11 K COM I -TIM MTM SIrWWt DEED OF TRUST (Due on Transfer — Strict) THIS DEED OF TRUST is made this day of A rI P* , MWt Ride thlt�3 �_SF t� U9Kb between (Borrowerj, whose address is _ 1530 W. 38th Atm_ W Etat Rfd3 le, OD 80033 and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee} for the benefit o€ RXCcy rt tAtaM oa fEMM Lkat� MAIna-¢ttrr�.r� i-RIm. d/b/a/ Metf t sts li- a WthodL-Cas Fled (Lender), whose address is 3333 S. BXnmc St. Stutz 205 EEh37t°woodr m 80110 Borrower and Lender covenant and agree as follows: 1. Property in Tryst. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sake, the fdlowing described property located in the County of JefflerSXt , State of Colorado: • 1 which has the address of 75.30 W 38th .61 5 J (saerQ - FtimitRidge c�hr 80033 Colorado (Property Address), t Ilia C'.* together with all its appurtenances (Property) 2. Notes Other OWigwtioas Seemed. This Geed of "frust is givcn to secure to Lender: A' A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated 6 211016 in the principal sum of U.S. Dollars, with interest on the unpaid principal balance from. 2� 21706 until paid, at the rale of 7$ _ percent per annum, with principal and interest payable at 3333 S. Rarmck St. Shite 205 R , Q? OM 10 or such other place as the Lender may designate, in 180 payments of _ . (U.S. $ s�) due on the lst Dollars of each �tl beginning 20% such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on Clctcbe- 1 and Borrower is to pay to Lender a late charge of _$255.00 % of any payment not received by the Lender with days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in % at any time without penalty except B. the payment of all other sums, with interest thereon at _ N/A % per annum, disbursed by Lende. with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and wam same, subject to general real estate taxes for the current year, easements of Rev. 5/2014 City of � Wd heat COMMUNITY DEVELOPMENT Submittal Checklist: Variance Project Name: Project Location: Application Contents: A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. The following items represent a complete variance application: ; Completed, notarized land use application form ` 2.. -Application fee fr. Signed submittal checklist (this document) Proof of ownership—e.g. deed a. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 6. Written request and description of the proposal !'rinclude a response to the variance review criteria—these are found in Section 26-115 of the municipal code L Include an explanation as to why alternate designs that may comply with the zoning standards are not feasible ' Include an explanation of the unique physical hardship that necessitates relief Survey or Improvement Location Certificate (ILC) of the property To -scale site plan indicating existing and proposed building footprints and setbacks , ✓�. Proposed building elevations indicating proposed heights, materials, and color scheme As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2"d) full review, I will be subject to the applicable resubmittal fee. A ., . _'1,, _ Signature .�i�?L(�� Date: —//,Z- Name !� Name (please print): Phone: ; Z. - Community Development Department - (303) 235-2846 • www.ci.wheatridge.co.us A Wsubmitted BY Al? City of planner. Incomp] ��Wh4�atkidge be accepted—refiLAND USE CASE PROCESSING APPLICATION Community Development Department J 7500 West 2901 Avenue a Wheat Ridge, CO 80033 • Phone (303) 235-2846 /(Please print or type all information) ApplicantliL'L W,G c Li Phone �� Sf;S�zl Email Address, City, State, Zip 0 -- tO 3 j'� v e Owner V4 e k U Phone 3 -yam d fig Email Address, City, State, Zip 4�2 Contact L Phone', j x„7,1- 3� Email ' Address, City, State, Zip (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type: O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) WVariance/Waiver (from Section 26-____) O Right of Way Vacation O Other: Detailed description of request: yhr_ r ,,a1 fcfe.(, �{ ('id✓fes 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 action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this ac ' n on behal . Notarized Signature of Applicant State of Colorado } ss Countyof2k;'x�:l The foregoing instrument (Land Use Processing Application) was acknowledged by me this .5- day of 3,2 L, 20 My commission expires -,Lr4/-Z/20 / [ - Notary Pu tic To be filled out by staff: Date received .5 t .1v is 2 D 1 iv Comp Plan Design. Related Case No. Assessor's Parcel No. , Size (acres or sgft) Rev 1/22/2016 Fee $ Receipt No. Pre -App Mtg. Date Current Zoning 1 +) (,1- M Proposed Zoning Case No. Quarter Section Map Case Manager LJallate. Current Use Proposed Use