HomeMy WebLinkAbout03/22/18I
City of
WheatRi e
BOARD OF ADJUSTMENT
AGENDA
March 22, 2015
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on March 22, 2015, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29" Avenue, Wheat Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC FORUM (TMs is the time for anyone to speak on any subject not appearing on
the agenda.)
5. PUBLIC HEARING
A. Case No. WA -18-04: An application filed by Kenneth W. Penn for approval of a 14 -
foot (93.3%) variance to the 15 -foot minimum side yard setback, resulting in a 1 -
foot setback for a carport located at 4675 Parfet Street, in anAgricultural-One (A-1)
zone district.
B. Case Nos. WA -18-05 and WA -18-06: An application filedby Civic Signs, Ltd. for
approval of two requests; 1.) request for approval of an 18 -foot (56.25%) variance
allowing the height of a billboard structure to be raised to 50 feet from the 32 -foot
maximum height restriction, and 2.) request for approval of a 15 -foot (50%) variance
allowing for a 15 -foot side yard setback from the 30 -foot minimum side yard
setback. Both requests are pertaining to property located at 4890 Kipling Street, in a
Restricted -Commercial (RC) zone district
6. CLOSE THE PUBLIC HEARING
7. OLD BUSINESS
S. NEW BUSINESS
A. Approval of Minutes— December 14, 2017
B. Resolution 01-2015: Establishing a designated public place for posting of meeting
notices as required by the Colorado Open Meetings Law.
9. ADJOURNMENT
Individuals with disahilities are encouraged to participate in all puhlic meetings sponsored by
the City of WheatRidge. Call Sara Spaulding, Puhlic Information feud, at 303-235-2377 at
least one week in advance of a meeting ifyou are interested in partieipating and need inclusion
assistance.
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
City of
Wh6atP,iLd
�ge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Board of Adjustment DATE: March 22, 2018
Scott Cutler
WA-18-04/Penn
Approval of a 14 -foot (93.3%) variance from the required 15 -foot side setback,
allowing a carport to be constructed on property located at 4675 Parfet Street
and zoned Agricultural -One (A-1).
LOCATION OF REQUEST: 4675 Parfet Street
APPLICANT/OWNER:
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
Kenneth Penn
20,909 Square Feet (0.48 Acres)
Agricultural -One (A-1)
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting approval of a 14 -foot (93.3%) variance from the 15 -foot side setback
requirement in the Agricultural -One (A-1) zone district. The purpose of this variance is to allow for the
homeowner to construct a 448 -square foot carport in line with the existing driveway.
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge Code of Laws empowers the Board of
Adjustment to hear and decide on variance from the strict application of the zoning district
development standards. Variance requests of over 50% from the development standards are required to
be heard at a public hearing before the Board of Adjustment.
II. CASE ANALYSIS
The variance is being requested so the property owner may construct a carport on the northern portion
of the lot. The property is located on the east side of Parfet Street north of W. 40 Avenue and is
unplatted. The existing house sits on a 20,909 -square foot parcel and was originally constructed in
1960, per the Jefferson County Assessor (Exhibit 1, Aerial). The property is zoned Agricultural -One
(A-1), as are all of the surrounding properties in the area, with the exception of a Conservation District
(CD) to the southwest (Exhibit 2, Zoning Map). These properties contain single-family homes,
associated outbuildings, and some contain light agricultural uses.
The A-1 zone district provides for a high quality, safe, quiet and stable residential estate living
environment within a quasi -rural or agricultural setting. In addition to large lot, single-family
residential and related uses, agricultural uses and activities exist and are encouraged to continue. The
number and size of accessory buildings are only limited by the 25% maximum building coverage
requirement, unlike other zones where accessory buildings are limited by quantity and size. The A-1
zone requires side setbacks of 15 feet for all buildings.
The site plan (Exhibit 3) shows the proposed location for the carport, which would be located in line
with the existing driveway and in front (to the east) of the existing barn. The location is such that a
new driveway would not need to be created, and it allows efficient access to Parfet Street per the
applicant's needs. The proposed carport would be 14 feet wide by 32 feet long, totaling 448 square
feet. Due to the dimensions of the carport, the narrow width of the lot, and the position of the
driveway, there are few practical locations other than the one the applicant has chosen.
The elevations (Exhibit 4) show a custom-designed structure with a fully open design. The structure
would be 12 feet high on the side walls, and 15 feet tall at the roof peak. The applicant has contacted a
carport company, which provided the second elevation drawing in Exhibit 4. The spec sheet indicates
the structure would be constructed of metal. Per Section 26-625.C, metal accessory buildings are
prohibited in residential zone districts, but permitted in agricultural zone districts.
Board ofAdfustment 2
Case No. WA -18-04 /Penn
The site photos provided (Exhibit 5) show some of the improvements on the property, which include a
one-story single family home, a small barn, a garage, and some sheds. A variance was approved by the
Board of Adjustment on April 28, 2011 (Case No. WA -11-02), allowing construction of the garage on
the south side of the property with a 3 -foot side yard setback.
Development Standards
The parcel is unusually narrow and does not meet minimum standards for the A-1 zone district, but the
proposed carport will meet building height and coverage requirements. The following table compares
the required A-1 development standards with the actual and proposed conditions:
A-1 Development Standards:
Required
Actual
Lot Area(one-family dwelling)
43,560 square feet 1 acre min
20,909 square feet
Lot Width
140 feet (min)
57.5 feet
Building Coverage
25% (max)
—16.9% (with carport)
Ma orAccessor Building:
Required
Proposed Buildin
Building Size
No maximum, provided all
buildings cover less than 25% of lot
448 square feet
Height
15 feet (max)
10 feet (at mid -roof)
Setback (side)
15 feet (min)
1 foot
The proposed carport is permitted because the total building coverage even with the proposed carport
would be approximately 18% still well below the maximum 25%. As detailed above, the A-1 zone
district requires a minimum 15 -foot side yard setback for accessory structures. Due to the unusually
narrow width of the property (57.5 feet), there are few scenarios where a side yard setback variance for
any accessory structure would not be required. The lot is actually six times longer than it is wide, and
the minimum side setbacks leave only 27.5 feet in the center of the lot as the developable area.
Building a carport in the rear (west side) of the property and in the middle of the yard, is not a practical
design, nor would it be feasible to access. Alternative placement on the west side of the property would
eliminate a significant portion of usable backyard space.
Public Comment
As of the date of distribution of this staff report, March 16, 2018, the City has not received letters from
surrounding property owners. One phone call was received inquiring about the location of the variance.
III. VARIANCE CRITERIA
In order to approve a variance, the Board of Adjustment 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 6, Written
Requests). 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.
Board ofAdfustment
Case No. WA -18-04 /Penn
If the request were denied, the property would continue to yield a reasonable return in use. The
property would continue to function as a single-family residence, regardless of the outcome of
the variance request.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
A variance is not likely to alter the character of the locality. The A-1 zone district allows for
detached accessory structures, and many homes along Parfet Street have several of these types
of structures, including barns, sheds, and garages. Many properties along Parfet Street in this
area have accessory structures with reduced side yard setbacks from the 15 -foot requirement.
Like the neighboring properties, the home built at 4675 Parfet Street predates the City's
incorporation. Both neighboring properties have accessory structures set back between 0-10
feet from the property line.
The A-1 zone district does not limit the number of accessory structures on the property, unlike
most other zone districts, as long as the total number of buildings adds up to less than 25% lot
coverage.
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, which would not be
possible without the variance. The carport will help protect the owner's business vehicle from
the elements.
Approval of the variance will allow the carport to be located such that it aligns with the existing
driveway. Alternative placements would eliminate a significant portion of usable backyard
space and may still require smaller variances to the side yard setback requirement. Based on
conversations with the applicant, the vehicle cannot make tight turns, so straight-line access
from Parfet Street is ideal.
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 lot's shape and size presents a unique hardship because the property is unusually narrow
and substandard for lots in the A-1 zone district. The lot is nonconforming because it does not
meet minimum area or width requirements. The lot consists of 20,090 square feet (0.48 acres)
and is approximately 57.5 feet wide. Minimum lot sizes in the A-1 zone district are 1 acre in
area and 140 feet in width.
Board ofAdfustment
Case No. WA -18-04 /Penn
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship described above was not created by the current property owner or any person
currently having an interest in the property. The current owner purchased the home in 1997, did
not create the lot, and thus is not responsible for the shape of the property or the position of the
existing home.
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 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. While the structure is proposed to be quite close to the adjacent property, it
is proposed to be open on all sides, so 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.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The substandard lot conditions described in Criterion #4 are present throughout the
neighborhood, including the neighboring properties to the north and south. Most of the A-1
properties along Parfet Street and W. 47ffi Avenue in the vicinity are substandard in width
and/or size and are unusually narrow and long.
Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
Board ofAdfustment
Case No. WA -18-04 /Penn
Single family homes and their accessory buildings are not required to meet building codes
pertaining to the accommodation of persons 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.
The Architectural and Site Design Manual does not apply to single and two family dwelling
units.
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 14 -foot (93.3%) variance from the required 15 -foot side setback, allowing a carport
to be constructed on property located at 4675 Parfet Street and zoned Agricultural -One (A-1). 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 neighborhood.
2. The applicant is proposing a substantial investment in the property with this application, which
would not be possible without the variance.
3. The alleged hardship has not been created by any person having an interest in the property.
4. The request would not be detrimental to public welfare.
5. The request is consistent with the existing conditions in the surrounding area, as a majority of
the properties in the area contain primary or accessory structures that encroach into the required
side yard setbacks for the A-1 zone district.
With the following conditions:
1. The design and architecture of the proposed carport shall be consistent with representations
depicted in the application materials, subject to staff review and approval through review of a
building permit, and subject to afinal zoning inspection.
Board ofAdfustment
Case No. WA -18-04 /Penn
EXHIBIT 1: AERIAL
Wheatdbc
Geographic
Information Systems:
Legend 3' L 14t, .. w
Subject Property'> "
1
T p
04700
6a J
47TH A
w
;T
04715 ! ,
04595
Board of-4djustment
Case No. W4-18-04 /Penn
10890
7
Colorado Central Zone
Datum NAD83
7
EXHIBIT 2: ZONING MAP
.I,'4 ""l
�of
W heat �dge
Geographic _
Information Systems
Legend
O Subject Property
_
Agricultural -One (A-1)
Conservation District (CD) 4M"
04715
U
04595
04695
04675
04690 10890
04650
l�
In
State Plane Coommx@ Projection N
Cnlnrzda Central Zone
oawm: NADea
Board of-4djustment 8
Case No. W4-18-04 /Penn
EXHIBIT 3: SITE PLAN
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j
Com/
3fi
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1
Proposed
Carport
1' side
setback
o--
w
cam.-- 30
3' side setback
approved y
BOA in 2011
x
CD
CD0
0
C
N�
Board of-4djustment
CaseNo. W-4-18-04/Penn
Y
EXHIBIT 4: ELEVATIONS
A, i= i Ir %D6 cWZ2�.0
Board of-4djustment 10
Case No. W4-18-04 /Penn
LTNGTM IF NAFE VARIES
MPi VI eLN . NMKA
A.D YKDIN
TYPICAL SIDE ELEVATION
SCALL, NTS
10
TYPICAL END ELEVATION
AL NS
BOW FRAME RAFTER STRUCTURE (Sheets 6A, 6B. 7A, 7B, 8, 9, 11 AND 13)
TYPICAL SIDE ELEVATION
SCALE NJS
TYPICAL END ELEVATION
SCALE. NTS
INSTALLATION NOTES AND SPECIFICATIONS
I DESIGN IS FOR MAXIMUM 30' WIDE . 20' CAVE HEIGHT OPEN CARPORT STRUCTURES
2 DESIGN WAS DOME IN ACCORDANCE WITH THE 2014 FLORIDA BUILDING CODE (FRE) 514 EDITION. 2D12 NORTH CAROLINA BUILDING CODE,
2006 INTERNATIONAL BUILDING CODE (IBC. 2009 IBC, 2012 IBC AND 2D15 IBC
3 DESIGN LOADS ARE AS FOLLOWS
A) DEAD LOAD = 15 PSF
B) LIVE LOAD = 12 PSF
C) GROUND SNOW LOAD 30 PSF (( 249 V/ U -CHANNEL RAFTER TIE
= 35 PSP (S 30') W/ WELDED RAFTER TIE
= 65 PSF (t 30') W/ WELDED RARER TIE P 4'-0' OC
4 LOW ULTIMATE WIND SPEED (LW) 105 TO 140 MPH (NOMINA_ WIND SPEED BI TO 109 MPH)- MAXIMUM RAFTER/POST AND END POST
SPACING = 50 FEET
5 HIGH ULTIMATE WIND SPEED (MV) 141 TO 17C MPH (NOMINA, WIND SPEED 110 TO 132 MPH) MAXIMUM RAFTER/POST AND END POST
SPACING - 4.0 FEET
6 LOW HAZARD RISK CATEGORY 1
7 WIND EXPOSURE CATEGORY B OR C
B SPECIFICATIONS APPLICABLE TO 29 GAUGE METAL PANELS FASTENED DIRECTLY TO 2 1/2' . 2 1/2' - 14 GAUGE TUBE STEEL (TS)
FRAMING MEMBERS (UNLESS NOTED OTHERWISE)
9 AVERAGE FASTENER SPACING ON -CENTERS ALONG RAFTERS OR HAT CHANNELS, AND COLUMNS (INTERIOR OR END) • 8' OC (MAX) LW AND
6' OC. (MAX.) HW.
10 FASTENERS CONSIST OF N12-14.3/4' SELF -DRILLING FASTENER 6DF). USE CONTRO. SEAL VASHER WITH EXTERIOR FASTENERS
SPECIFICATIONS APPLICABLE ONLY FOR MEAN ROTS HEIGHT OF 20 FEET OR LESS. AND ROOF SLOPES OF 14' 1312 PITCH) OR LESS SPACING
REQUIREMENTS FOR OTHER ROOF HEIGHTS ANO/OR SLOPES MAY VARY.
11 ANCHORS SHALL BE INSTALLED THROUGH BASE RAIL WITHIN 6. OF EACH RAFTER CO_UMN ALONG SIDES.
12 GROUND ANCHORS (SUIL NAILS) CONSIST OF N4 REHAB W/ WELDED NUT . 3D' LONG IN SUITABLE SOIL CONDITIONS OPTIONAL ANCHORAGE
MAY BE USED IN SUITABLE SOILS AND MUST BE USED IN UNSUITABLE SOILS AS NOTED NOT ALLOWED FOR HIGH WIND APPLICATION.
13 WIND FORCES GOVERN OVER SEISMIC. FORCES SEISMIC PARAMETERS ANALYZED ARE
SOIL SITE CLASS . D
RISK CATEGORY 1/11,111
R• 3.25 IT= 10
SOT= 1.522 V. CXV
Ser 0839
MOORE AND ASSOCIATES
ENGINEERING AND CONSULTING, INC.
Mo
The above diagram was submitted by the applicant as part of a packet provided by Moore and
Associates on behalf of Coast to Coast Carports, Inc., which designs open carport buildings of
multiple dimensions and styles.
Board of-4djustment 11
Case No. W4-18-04 /Penn
EXHIBIT 5: SITE PHOTOS
View of property looking west down the driveway. The RV in the distance is in the location of
where the structure would be, aligned with the driveway. The neighboring property can be seen on
the right of the image.
Board of-4djustment 12
Case No. W4-18-04 /Penn
A view of the garage approved through a previous variance process. The lot is very narrow (the
fence line can be seen on both sides of the image) so nearly all structures would require side setback
variances in order to be built.
A closer view of the location of the proposed structure. The building behind the RV has a slightly
larger setback than is proposed for the proposed carport.
Board of-4djustment 13
Case No. W4-18-04 /Penn
Both photos above show the property as viewed from Parfet Street, looking west. The lot is very
narrow and the existing home could not be built under current A-1 standards without at least a side
setback variance. The location of the proposed carport is significantly set back from the street.
Board ofAdjustment 14
CaseNo. WA-18-04/Penn
EXHIBIT 6: WRITTEN REQUEST
Board of-4djustment
Case No. W4-18-04 /Penn
15
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION (TEMPLATE)
CASE NO: WA -18-04
APPLICANT NAME: Kenneth Penn
LOCATION OF REQUEST: 4675 Parfet Street
WHEREAS, the application Case No. WA -18-04 was not eligible for review by an
administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in recognition that
there were/were not protests registered against it; and
WHEREAS the relief applied for may/mav 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 -
18 -04 be, and hereby is, APPROVED.
TYPE OF VARIANCE:
Request for Approval of a 14 -foot (93.3%) variance from the required 15 -foot side setback for
accessory buildings in the Agricultural -One (A-1) zone district.
FOR THE FOLLOWING REASONS:
1. The variance would not alter the essential character of the neighborhood.
2. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
3. The alleged hardship has not been created by any person having an interest in the
property.
4. The request would not be detrimental to public welfare.
5. The request is consistent with the existing conditions in the surrounding area, as a
majority of the properties in the area contain primary or accessory structures that
encroach into the required side yard setbacks for the A-1 zone district.
With the following conditions:
1. The design and architecture of the proposed carport shall be consistent with
representations depicted in the application materials, subject to staff review and approval
through review of a building permit, and subject to a final zoning inspection.
♦�4le
1w Ir
Wh6atRiLd e
g
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment MEETING DATE: March 22, 2018
CASE MANAGER: Meredith Reckert
CASE NO. & NAME: WA -18-05 and WA-18-06/Civic Signs, Ltd.
ACTION REQUESTED: Approval of a 15' (50%) variance from the 30' minimum side yard setback
adjacent to a street and an 18 -foot (56.25%) variance to the maximum height of
32' for a billboard resulting in a 50' tall billboard on property in the B-2
billboard district located at 4890 Kipling Street
LOCATION OF REQUEST:
4890 Kipling Street
APPLICANT (S):
Civic Signs, Ltd.
OWNER (S):
Kipling Land, LLC
APPROXIMATE AREA:
22,015 square feet
PRESENT ZONING: Restricted Commercial (RC) / B-2 Billboard District
PRESENT LAND USE: Office
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
Case Nos. WA -18-05 & WA-18-06/Civic Signs, Ltd
(X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant, Civic Signs, Ltd., is requesting approval of two variances both of which pertain to a
proposed billboard on property located at 4890 Kipling Street.
Case No. WA -18-05: a request for approval of a 15' sideyard setback variance from the 30'
required setback adjacent to a public street resulting in a 15' setback (50% variance).
Case No. WA -18-06: a request for approval of an 18' height variance to the 32' maximum
height for a billboard resulting in a 50' high billboard (56.25% variance).
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Board of
Adjustment to hear and decide on variances from the strict application of the zoning district
development standards. Because this application includes a variance request that exceeds 50% of the
development standard, the application is not eligible for administrative approval and is required to be
heard at a public hearing before the Board of Adjustment.
The applicant has submitted a packet of material, which has been attached as Exhibit 6. In this staff
report there will be references to this information.
These variances are being presented together but will need separate motions.
II. CASE ANALYSIS
The site is located at the southeast corner of W. 49"' Avenue and Kipling Street, just north of Interstate
70. The property is zoned Restricted Commercial (RC). The site is currently home to a one-story
office building that contains a law office and is roughly 5000 square feet in size. The site has street
frontage on three sides: West 49t' Avenue on the north, Kipling Street on the west and the I-70 off -
ramps on the south. Thirty-foot setbacks are required from each of the street frontages/right-of-way
(ROW).
There are two curb cuts, on Kipling and 49"' Avenue, providing access to the property. The primary
parking area is to the south of the building, about half of which lies in Colorado Department of
Transportation (CDOT) right-of-way. Since the owner of the building does not have ownership of the
southern two rows of parking, which are actually located in CDOT right-of-way, it can be used for
parking for the office building if CDOT allows it, but the billboard cannot encroach onto it. Likewise,
it cannot be used to satisfy the 30' required setback for the billboard from the south. The office
building was built in 1970 and at the time, was required to have 15 parking spaces. Without the CDOT
parking, the building currently has 17. At least one more parking space will be eliminated with the
construction of the billboard. (Exhibit 1, Aerial Photo)
Surrounding properties are zoned Commercial -One (C-1), which allows for a wide range of retail,
office, and hotel uses. Just to the east of the site is a Denny's restaurant and a Motel 6. A Natural
Grocers supermarket is to the north across W. 49u' Avenue, and a Shell/Circle K is located across
Kipling Street to the west. (Exhibit 2, Zoning map)
Board ofAdfustment 2
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
As the Board is likely aware, the City has a cap of 16 billboards citywide and they must be located in
the B-2 district. When the number of billboards in the City falls below 16, which it recently did, the
City is required by Code to provide public notice of the presence of a "billboard vacancy." When more
than one eligible application is received, the City conducts a lottery to assign the initial billboard
entitlement. The applicant was granted a billboard site through the City's billboard vacancy process by
winning a lottery drawing held on October 10, 2017. The applicant has proposed locating the billboard
in the parking lot to the south of the office building. Because it is adjacent to CDOT right-of-way, a
30' setback is required. The setback is measured from the right-of-way line for the CDOT right-of-
way, not to the southern edge of the parking. A row of mature coniferous trees abuts the existing
parking lot on the south, east and west. One of them is roughly 45' tall. (Exhibit 3, Site photos)
The applicant has also requested a height variance of 18', resulting in a 50 -foot tall billboard in order
to maximize visibility from I-70. The maximum height of a billboard in the City is 32'.
Staff recognizes that the City of Wheat Ridge has a relatively restrictive maximum height for
billboards, however in the recent past, City policymakers have made conscious decisions to maintain
the 32 -foot maximum billboard height. In August of 2016, Staff presented City Council with a memo
addressing many aspects of our billboards regulations, including height. Staff outlined the maximum
heights in neighboring cities, in acknowledgement that the City of Wheat Ridge is more restrictive.
City Council declined to address or entertain changing any development standards for billboards at that
time and reconfirmed their commitment to a 32' height limitation.
Staff is currently in the process of amending the City sign code and has been given no direction from
City Council to modify the billboard regulations. The modified regulations are scheduled for a public
hearing on April 23, 2018 with no change to the standards for billboards.
Applicant's Exhibit
Attached as Exhibit 6 is the applicant's submittal documentation. The exhibit contains the following
items of note, which you will want to reference as you read this report:
Page 7: Improvement survey of the property
Page 8: Photo showing the overpass in relation to Kipling Street
Pages 9 — 18: Flag test information, photos and photo simulations
Page 19: Improvement survey with billboard location without the setback variance
Page 20: Improvement survey with billboard location with the setback variance
Pages 22 — 23: Response to Variance criteria
Page 25: Detail of billboard
Kipling/I-70 Interchange
Kipling is classified as a principal arterial street and carries over 48,000 vehicles per day at this
location (2010). Principal arterial streets accommodate "high traffic volumes and provide access to
regional destinations, economic centers and freeway interchanges."
The City is seeing investment and revitalization along the Kipling corridor from 26"' Avenue (Gold's
Market shopping center) north to 38u' Avenue (Kipling Ridge shopping center) past West 5W" Avenue
(Natural Grocers).
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
Interstate -70 (I-70) carries over 147,000 daily vehicle trips (2010). The I-70/Kipling interchange was
constructed in 1967; however, the design is inadequate to effectively handle current and future traffic
demands. Because of the closely spaced frontage road intersections with Kipling, heavy congestion
and frequent accidents occur at the interchange. There are conflicts between vehicles and with cyclists
and pedestrians.
In 2013, CDOT, completed a Planning and Environmental Linkage (PEL) study to identify and assess
transportation improvements at the I-70/Kipling interchange. The stated purpose of the project was to
reduce congestion, optimize operations, improve safety and accommodate multimodal connections at
the interchange.
A proposed design for reconstruction of the interchange was selected in March of 2016 as part of a
subsequent Environmental Assessment (EA) study, which shows the subject property as being
substantially impacted by the project. Whether or not the variances are granted, construction of the
billboard at this location will impact the cost to CDOT of acquiring this property for the interchange
improvements, which are proposed to commence in 2019-2020.
A referral regarding this proposal was sent to CDOT and their response is attached. (Exhibit 4, CDOT
letter)
Preferred Alternative for a Diverging Diamond Design at the Kipling/I-70 Interchange
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/Civic Signs, Ltd
Comprehensive Plan
The City's Comprehensive Plan, Envision Wheat Ridge, was adopted in 2009. The purpose of the plan
is to provide a general vision for the City related to growth and development for the next 10 to 20
years. The Plan also provides direction to help the City address future needs related to economic
development, commercial and retail development, housing, transportation, parks and open space and
services and utilities.
The Kipling corridor has been identified as one of five targeted redevelopment areas in the City.
The City's Comprehensive Plan designates this area as Mixed Use Commercial and Kipling as a
Primary Commercial Corridor. The vision for a Primary Commercial Corridor is to have a broad mix
of activities and uses and should accommodate multiple transportation modes and exemplify high
quality urban design and appearance.
In addition, the I-70/Kipling interchange is designated as a Primary Gateway into and out of the City.
Goals for City gateways include creating unique and unified signage, as well as landscaping and
streetscape improvements to signify to travelers that they are entering or leaving Wheat Ridge. In 2012
to further this vision, the City invested over $400,000 in improvements to the four corners of the
intersection. Improvements included installation of landscaping (irrigation, sod and trees) and
installation of a custom designed entry sign. (Exhibit 5, Aerial of Interchange).
The Mixed Use Commercial designation is defined as commercial areas with office and employment
with an emphasis in these areas for long-term infill and redevelopment, reinvestments and high quality
urban design and landscaping.
The site is also in close proximity to a Community Commercial Center as shown in the image below.
Primary
Gateway
Primary
Commercial
Corridor
I
Site
Kiplipg
:orridor
Excerpt from Envision Wheat Ridge - Structure Plan
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
Community
Commercial
Center
Mixed Use
Commercial
III. VARIANCE CRITERIA
In order to approve a variance, the Board of Adjustment 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 6, Pages 22
and 23). 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 requests were denied, the subject site would continue to function as a commercial
property with the existing office building. A billboard would still be able to be erected but it
would have to meet the 30' setback from the south and the 32' height maximum.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
There are no billboards in the immediate area. The closest billboard to the east is located at
8105 W. 48a' Avenue, more than a mile away from the subject site. The closest billboard to the
west is more than a quarter -mile away located at Miller Street and the I-70 Frontage Road
North.
The City's zoning code does allow business/commercial signage up to 50 feet in height near
I-70; however, these signs are limited to on-site businesses, and are limited in size based on the
size of the structure for which they are providing signage. Staff finds a 50 -foot tall billboard,
also proposed to be located closer to the property line(which is allowed a maximum of 750
square feet in size) to be excessive and out of character with the locality, especially considering
it will dwarf the signage of local businesses along the corridor with a large off -premises
billboard advertisement. The proposed billboard measures 14' x 48' or 672 square feet.
(Exhibit 6, Page 25)
The proposed height of 50 feet is also generally out of character with the existing built
environment for the area, which generally consists of one and two-story buildings.
Staff finds this criterion has not been met.
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
A billboard could still be built on the property if the variances are not granted. Whether this
proposed taller billboard would be more profitable for the billboard company and/or the
property owner is not a concern of the City's nor is it reasonable justification for a variance. As
stated previously the City acknowledges that our maximum billboard height is more restrictive
than some other jurisdictions, making billboards in Wheat Ridge, generally less visible than
they might be in more permissive jurisdictions.
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
Staff finds this criterion has not 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.
There are some unique conditions impacting this property. This portion of I-70 is elevated at
least 20' above the property which will reduce the visibility of the billboard if the variances are
not granted.
The existing mature pine trees provide an added visual challenge.
The property is also fronted on three sides by right-of-way, which requires 30' setbacks for the
billboard on these sides. In the RC zone district, the setbacks for interior sides and rear are
normally 5' per story on the side and 10' + 5' per story on the rear.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The alleged hardship has been created by the grades between the highway and adjacent
properties. This condition was created during construction and is prevalent along this stretch of
I-70. hi some areas, sound walls were put up to help buffer the noise for residential areas.
There are no sound walls in this immediate area That said, the applicant selected this specific
property for a billboard knowing all of the physical constraints and the City's billboard
regulations.
Staff finds this criterion has not 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 request would not be detrimental to public welfare. It may be injurious to neighboring
property or improvements due to its proposed height and maximum allowable size (750 square
feet). The adequate supply of air would not be compromised as a result of this request;
however, the adequate supply of light may be.
The request would not increase the congestion in the streets, nor would it cause an obstruction
to motorists on the adjacent streets. The sign would not increase the danger of fire.
The proposed billboard, whether 35' or 50' tall, will negatively impact the character of the area
and contribute to visual clutter in an area that the City has targeted for revitalization. A 50 -foot
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/Civic Signs, Ltd
billboard adjacent to an office building will likely impair the ability of the office building to
attract and retain high quality tenants, which is one of the City's economic development goals
from the Comprehensive Plan, particularly for properties north of I-70.
Staff finds this criterion has not been met.
The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The grade changes between I-70 and the adjacent properties are present in the surrounding area
Sound walls along I-70 are also common along this stretch of the highway further to the east
and west. There are no sound walls along this part of the interstate. It is unusual for lots to
have street frontage on three sides.
Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
Accessibility requirements are not applied to billboards.
Staff finds this criterion not applicable.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
The Architectural and Site Design Manual does not apply to billboards.
Staff finds this criterion not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Case No. WA -18-05:
Not having found the application in compliance with the majority of the review criteria, staff
recommends DENIAL of a request for a 15' variance to the minimum 30' side setback adjacent to a
street/ROW in the RC zone district. Although there are unique circumstances due to topography of the
I-70 overpass and the property's three street frontages, Staff believes the negative impact on the area
prevails in our analysis of the variance criteria. The Comprehensive Plan has designated the proposed
interchange as a gateway into the city and the City has already invested in this vision. Therefore, Staff
recommends denial for the following reasons:
1. The side setback variance is inconsistent with the long-term vision for the I-70/Kipling
interchange.
2. The subject property would continue to yield a reasonable return in use and function as an
office building if the variance were denied.
3. The billboard can still be built if the setback variance were denied.
4. Granting of the variance will negatively affect the I-70/Kipling interchange reconstruction
proj ect.
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
5. CDOT objects to the variance.
Case No. WA -18-06:
Having found the application not to be in compliance with the majority of the review criteria, staff
recommends DENIAL of an 18' (56%) variance to the maximum height of 32' for a billboard resulting
in a 50' tall billboard on property located in the RC zone district. Although there are unique
circumstances due to the topography and street frontages abutting the property, Staff concludes that
there will be a profound negative on the character of the area, which will be exacerbated by the height
variance. Therefore, staff recommends denial for the following reasons:
1. The height variance is inconsistent with the long-term vision for the I-70/Kipling interchange.
2. The subject property would continue to yield a reasonable return in use and function as an
office building if the variance were denied.
3. The variance would alter the essential character of the locality.
4. During the review of sign code and billboard regulations, City policy makers have chosen not
to extend the maximum height for billboards.
Board ofAdfustment
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
EXHIBIT 1: AERIAL PHOTO
ao®aofAXhnem
Coe Nos WAIS 0 dLWA-18-0610ec&gS, L61
EXHIBIT 2: ZONING MAP
Board ofAdjus'rrent
Case Abs. WA -1&05 & WA I d0616wc ngns, Jdd
EXHIBIT 3: SITE PHOTOS
View of property
from north side of
W. 40 Avenue
View of property
from the property
to the east with I-
70 in the
background
Board ofAdjustment 12
Case Nos. W4-18-05 & WA-18-06/Civic Signs, Ltd.
+4411lo4 ,m "
x'1z U"§. a
TAW
View of property
from west side of
Kipling
View of City -
installed
landscaping and
signage at the
southwest corner
of the Kipling/I-70
interchange
Board of-4djustment 14
Case Nos. W4-18-05 & WA-18-06/Civic Signs, Ltd.
EXHIBIT 4: CDOT LETTER
OLISRADO
To Wm&�M4MAMWCommuniti Development
Froin NmryTerry,"hoo 1ROWManager)
Dale: March 15, 21118
Re ReguntlorM v mcm-onpmpeM1 b¢eaa:]d3CpFing Stied
Case No. War 18 a 15'verlance =-ter re ITarl or a dre sato aca:nran aataaencaa
public street of cart of da, car He 11 e 15 f e Lac, a _
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the t IccIFront h e or IF e1 c,al I a a Dinhtrld g , 1111x111
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EXHIBIT 5: INTERCHANGE
IMPROVEMENTS
Citi a v
EXHIBIT 6: APPLICANT'S
SUBMITTAL
Refer to attached packet from Civic Signs.
Board ofAdfustment 18
Case Nos. WA -18-05 & WA-18-06/0vic Signs, Ltd
February 28, 2018
City of Wheat Ridge
7500 W. 29' Avenue Civic Signs
Wheat Ridge, CO 80033-8001 Ltd.
To Whom It May Concern:
In conjunction with Kipling Land LLC ("Kipling Land"), Civic Signs Ltd. ("Civic Signs") is requesting that
the City allow us to obtain a variance from the height and setback provisions set out in the City Zoning and
Development Code ("Code") requirements. We are seeking to increase the height of a future billboard on
Kipling Land's property located at 4890 Kipling Avenue in Wheat Ridge from the currently permitted 32'
to 50' (the maximum height allowed under the Code for the currently designated B-2 zoning).
We are in the process of applying for a billboard permit pursuant to the billboard vacancy process which
was awarded to us last year.
Due to significant restrictions on permittable locations for the installation of billboards set out in the
applicable law and regulations of the Colorado Department of Transportation, Civic Signs was only able to
identify one site for a new billboard structure. This site is located at 4890 Kipling Avenue in the City of
Wheat Ridge and is the subject of this proceeding. Unfortunately, the site is directly adjacent to the
elevated I-70 roadway. The current height limit for a billboard in this location under the Code is 32 feet.
Due to the elevated nature of I-70, if the height of the billboard structure is limited to 32 feet the visibility
of the billboard will be significantly compromised with the view nearly completely blocked from view in
both directions on I-70. This visual obstruction would reduce the value of the sign to a negligible level, for
all parties involved.
Our request is to allow the structure to be constructed at a height of 50 feet This height is permitted, with
a variance, under the Code for this property, which has a B-2 zoning classification. As you will see from
the photos, videos and information in this package, this increase in height will allow us to make a
substantial investment in the property and will not alter the character of the neighborhood. Surrounding
and adjacent signs are also at heights above 32 feet.
We also are requesting a side yard setback variance from the existing 30' setback. We are requesting this
setback variance to 15' from the I-70 right of way property line, as it will also improve the visibility of the
sign.
We believe this proposed project is in the best interest of all parties and consistent with nearby and
adjacent sign heights and setbacks and the Wheat Ridge Code. With these requested variances the sign
would be made viable for its intended use and the associated revenue potential will yield a reasonable
return for the investment. In addition, Kipling Land, the landowner, will also realize an increase in their
property value due to this investment Civic will pay all costs associated with this project.
We have detailed our application in the following pages and are available for any questions.
Sincerely,
Scott Andel
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Table of Contents
SitePhotos........................................................................................................................................3
BillboardSign Regulations...............................................................................................................4-6
SiteSurvey.........................................................................................................................................7
ElevatedRoadway.............................................................................................................................8
FlagTest.......................................................................................................................................
9-11
RoadwayView Pictures..............................................................................................................12-17
OtherSigns in the Area....................................................................................................................18
BuildingRoof...................................................................................................................................19
SideYard Setback.............................................................................................................................20
CityBenefits....................................................................................................................................21
VarianceCriteria.........................................................................................................................22-23
Kipling Land LLC Letter of Support....................................................................................................24
Drawings.........................................................................................................................................25
Letterof Authorization.....................................................................................................................26
Easement....................................................................................................................................
27-38
2
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Site Photos: 4890 Kipling Street
3
Civic Signe, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Billboard Sign Regulations:
The Colorado Department of Transportation ("DOT") establishes state regulations for outdoor advertising
structures (i.e. billboards). The regulations are highly restrictive for new billboard sites. Some of the
restrictive rules include:
• Property must be adjacent to right-of-way that was acquired by the State of Colorado prior to
July 1, 1956 for roadway purposes.
• Property must be currently zoned as commercial or industrial
• Property must have been zoned as commercial or industrial prior to January 1, 1970
• Billboards may not be within 500' of each other on the same side of the road
• Other various spacing and distance restrictions, etc.
Based upon the DOT sign regulations, Civic Signs has identified only one available potential billboard
site on I-70 within the City's B-2 billboard zone. The site, which we believe can be permitted by the
DOT, is located at 4890 Kipling Avenue.
Please see following pages for more details.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Below is a summary of some of onrbillboard regulation research
1. The City only allows billboards inmeB-2zone . This B-2 zone is outlined in Blue.
2 In order to place a billboard on 170, me State requires that me property adjacent to me right f way to have been acquired by me State of Colorado prior to July 1, 1956 for roadway purposes. The areas not adjacent to me right f way are not
permitdble undo DOT rules and regulations
3. The DOT also has a 500minimum spacing requirementbetwem each billboard location. On this map you will see red circles which are 50O in diameter .put mecenter of each of these cycles ism existingbillb ard, the location of which is
shown with the yellow markerwith the black diamond in it Thus, me areas within these cycles are areas where billboards cannot be built on the same side of the roadway.
4. The DOT also return es that any properties upon which a billboard istobelocated are currently zoned either commercial or industrial.
5. We have highlighted properties in green, which meet all of the above DOT requirements, ie. currently zoned either commercial or industrial and which are not otherwise restricted byess l-3 above, within the City ofWheatAidge
C. sign, San s u..K..:ryaxa. 9526, x:gm.w:a..ek co 80126
6. The State also has a requirement that the property must have been zoned commercial or industrial by an authority prior to January 1, 1970. The first Wheat Ridge zoning map was published in 1972. The red arrows in the map below show the
existing billboards along I-70. However, since the Wheat Ridge zoning map is dated in 1972, it does not meet the DOT requirements that the correct zoning had to be established prior to 1970.
i. Prior to Wheat Ridge's zoning map of 1972, Jefferson County had zoning jurisdiction. We researched zoning records with Jefferson County for the areas shown in green on the map above. According to our research, we could
only find one available property with County documentation proving commercial or industrial zoning prior to 1970. That property is 4890 Kipling Street (see green arrow in the map below). The red arrows show existing
billboards within the City B-2 district that were primarily grandfathered before updated City and DOT billboard regulations were put into place.
As you can see from these pages, the City and State regulations severely restrict the properties available for the installation of billboards within the City's B-2 billboard zone. According to our research, 4890 Kipling is the only property available to
Civic Signs for billboard use along I-70.
6
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Site Survey
SCALE
DATE OF FIELD SVRVEY: NOVEMBER, 2017
LEGEND
LEAGUES
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46 - GUY POLE
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c - UNDERGROUND ELECTED UNE
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w - WATER VALVE
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CONTROL POINT TPBUTATION
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CHSELED X
GET CHARTER X
IMPROVEMENT SURVEY
WITH PROPOSED SIGN AT LOCATION WITHOUT VARIANCE
4890 KIPLING STREET
A PART OF THE SW 1/4 SECTION 15, T 3 S, R 69 W, 6TH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO
A®
V 1/4 COR. SEC 15. T 3 0 R 69 W. 6TH P.M.
VND 3 1/4' ALUMINUM COP MARKED Y/SSI
735 R69W 1/4 516 S15 GOOD PLS 23524'
I
5 CORNER, SEC' 15, T 3 S. R 69 W, 6TH P.N.
FOUNB 3 1/4BRASS CAP IN RANCE BOX
MARKER 'Cltt OF WHEAT RIOCE L531212 T35
R69W S16 S15 521 522 1964 UNLAWFUL TO
BISM RB SURVEY MONUM ENI'
LEG4L 0£SCRIGttON
ALL THAT PORTION OF TIE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST COASTER OF
SECTION 15. TOWNSHIP 3 GROW. RANGE 69 WEST OF THE 6TH PRINCIPAL MEADIPN. COUNTY OF JEFFERSON.
STATE OF COLCRADC'
PARCEL 1
BEGINNING AT ME SOUTHEAST CORNER OF THAT CERTAIN PARCEL CONJEYED BY DEED RECORDED IN BOOK 1750,
PAGE 307, WHICH IS NNS '51.30'E, A UISTANCE OF 60.0 FEET AND N02219, A DISTANCE OF 560 FEET FROM THE
5 REEF TIMOR DI A
DISTANCE OF 75.0 FEET TO ME SOUIXI USE IOFCTWT CERTAINN8751E PARCELA PIACONYEYED CMY DEED RECORDED IN BOOK
1754. PAGE 581. THENCE M951.30VN ALONG SAID SOUTH LINE. A DISTANCE OF 127.5 FEET ED A POINT ON ME
END -Y LINE OF THAT CERTAIN PARCEL CONVEYED BY OECD RECORDED IN BOOK 17M PAGE 307: THENCE
59221E ALONG SAID EAST LINE, A DISTANCE OF 75.0 FEET T) THE POINT OF BEGINNING EXCEPT THE NORM 5
FEET THEREOF, AND EXCEPT TNT MATCH CONVEYED IN INSTRUMENT RECORDED OCTOBER 26. 1902. AT
RECEPTION NUMBER 82074460, COUNTY OF JEFFERSON. STATE OF COLORADO,
PARCEL 2
BEGINNING AT ME NORTHEAST CORNER OF THAT CERTAIN PARCEL CONVEYED BY PRED RECORDED IN BOOK 1293,
PAC£ 296. WHICH IS NV22'W. DISTANCE OF 560.0 FEET AND N89'51'30'E A DISTANCE OF 625 FEET FROM ME
SOUTHWEST GUNMEN OF SAID SECTION 15: THENCE 519341E KONG THE EASTERLY UNE OF SAD DEED. A
DISTANCE 112.0 FEET TO A NORTHERLY LINE OF SAID GEED: THENCE NW51'30"E ALONG SAID NORTHERLY THE
A GSTNICE OF 105 FES: THENCE NIA DISTANCE OF 110 FEET TO THE 50UTHERLY' UNE OF THAT CERTAIN
PARCEL CONVEYED BY DEED RECORDED IN BOOK 708. PAGE 2: THENCE GI ALONG SAID COUTHERLY UNE
A DISTANCE OF 125 FEET TO THE POINT OF BEGINNING. COUNTY OF JEFFERSON. STATE OF COLORADO,
PER DUD RECORDED MARCH 20. 2C06 AT RECEPTION N0. 20060366M
NO ES
I. MASS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER CF SECTION 15. TOWNSHIP 3 SOUTH. RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN WAS FOUND TO BEAR NOD1Y24'W, BETWEEN ME SOUTH DRAWER CORNER (A
FOUND 3 1/4' BRASS CAP IN RANGE BOX MARKED 'Cltt OF WHEAT RIDGE L531212 735 R69W S16 S15 521 S22 19M
UNUWNL TO DISTURB SURVEY MONUMEMP AND ME WEST QUARTER CORNER (A FOUND 3 1/4 ALUMINUM CAP MARKET
DMSA T. A. 1/4 515 515 GOOD PLS 23524') BY A GLOBAL POSITIONING SYSTEM SURVEY PERFORMED BY MSIRA
BAKER SU"TYIN G. INC. IN DOWNED. 2017. THE SURVEY WAS THEN ROTATED 093424' CNDCKWISE TO MATCH ME
BEARINGS IN THE LEGAL GESCRIFHON.
2. COORDINATES SHOWN HEREON WERE DETERMINED BY A GLOBAL POSITIONING SYSTEM SURVEY PERFORMED BY ZYLSTRA
RAN FR SURVEYING, INC. IN NOVEMBER, 2017. THE COORDINATES FOR CONTROL POINT 1 WERE DETERMINED TO BE
1711 GAS. 10 IN ME NORTHING AND 311D552.65 IN THE GSTNG.
3. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN mI5
SURREY WITHIN TIME YEARS AFTER YOU FIRST DISCGVER SUCH BUTUOT IN NO ENENT. MAY ANY ACTON BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM ME WE OF ME CERTBI SHOWN
HEREON.
C NO GUARANTEE AS r0 ME ACCURACY OF ME INFCRMATCN CONTAINED ON ME AWANED )RAWING IS EITHER STATED
OR IMPLIED UNLESS THIS COPY FEARS AN ORIGINAL SIGNATURE OF ME PROFEBSIONAL VNO SURVEYOR NAMED HEREON.
5. UNDERGROUND UTILITIES SHOVE HEREON PRE BASED UPON DOMES AND SURFACE EVIDENCE ONLY. AND WAY NOT BE
IN ME CWT LOCATION SHOWN. ALL UNDERGROUND UTILITIES MUST BE LOCATED PRIOR r0 MY DIGGING OR EXCAVATING.
CALL VIIILLY NOTIFICATION CENTER OF CCLOMGO AT 1 -BW -922-1967 OR 511 IN ME METRIC DENVER ARG FOR CHILLY
LOCATES.
6. THIS SURVEY DOM NOT CONSTITUTE A TEE SEARCH BY 2YLSTRA BN(ER SURVEYING. INC. TO DETERMINE OWNERSHIP
AND/OR EASEMENTS OF RECORD. THIS ALIYJEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIRE INSURANCE
COMMITMENT AND WAY BE SUBJECT TO WEMENIS AND RIGHTS-OF-WAY NOT SHOWN.
7. PARCEL I CONTANS 7502 SO, R OR 0,174 ACRES, MORE OR LESS PARCEL 2 WMAINS 12.652 50. FT OR 0.291
ACRES, MORE OR LESS, THE ENTIRE PROPERTY CONTAINS 20,246 SO. R. OR 0.485 ACRES, MORE OR LESS,
0. ME FACES OF THE ENDURED SIGN SHOWN HEREON ARE TO BE 14 FEET HIGH BY 40 FEET LONG. ME HEIGHT OF
ME SIGN MUD BE 50 FEET IF A VARIANCE 15 GRANTED, AND LURE IF A VARIANCE 15 DENIED.
DENNY'S SIGN]
HEICRI 37.04'
SURVEYOR'S CEffFZMDTION
IN BRIAN LEFEBRE. A PROFESSIONAL MD SURVEYOR DULY REGISTERED
THE STATE OF COLORADO, BASED UPON MY PROFESSIONAL OPINION,
OO HEREBY STATE TUT THIS SURSEY WAR PERFORMED UNDER MY
TIBURON AND SUPERVISION. SAID SEWEY BEING MADE ON THE
GROUND TO THE NORMAL STANDAM OF CARE OF PROFESSIONAL LANG
SURVEYORS PRACTICING IN THE STATE OF COLORADO, THAT TO ME
BEST OF MY KNONLEOGE I END THE INFORMATION CONTAINED HEREON
IS CORRECT AND AN ACCURATE REPRESEMATK)N OF SVO SURJEYL/CBN
P H
945 9
AI
BRIAN L L FEBRE
CLERK AND RECORDER'S CER?VRCJl PROFESSIONAL LAND sLEVLYOR
COLORADO NO, 34579
ACCEPTS FOR RUNG IN ME OFFICE OF THE COUNTY CLERK AND
RECORDER OF JEFFERSON
COUNTY AT GOLDEN, COLORADO MIS DAY OF
COUNTY CLERK AND RECORDER
7
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Elevated Roadway
The 1-70 Freeway ism elevated roadway over the Kipling interchange Below is a photo of the elevated roadway from the 4890 Kipling property. The elevated roadway is 25 'high.
Absent a variance, the current height limit of a billboard is 32'. However, the billboard 9go itself is 14 feet high. If a billboardwas built with atop height of32', the lowest part ofthe display wouldbe set at 18'. Thus, the bottom] feet ofthe
billboard word d be below the roadway and completely obstructed by the highway itself The visual obstructi on becomes 9guificantly more pronounced the further away you move from the property. As an example, ifyou are in the lane furthest
away from the property, the elevated roadway blocks an even greater porn on of the sign A splay. You will be shown those views on the following pages.
Cmc&ps, 94575 UNvmity Blvd, 26, Hi&mds Fanrh C080126
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I,,d,,I,obt,,mmcwlbllp11mtd,mofIII tiews fm t,, bglb,ud Aryley, fmm bothmffbo
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withwt Aeagmffetlsetbeckvmw )mtlet eSP ha�t(wiA mW withwt Aye h,,ticeWark
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Imeswoiiltllook et eechheigM mtlsrtbeck.
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n„aeu„mn�,�gM f,nw�a, mW la r„tM@.
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10
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
0
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Roadway View Pictures
Westbound on I-70 View: These photos show the view from a car approaching the Kipling exit, on I-
70 heading west. You will see the Denny's sign (directly adjacent to the eastern property line of our
property) which is approximately 40' tall. Our site is behind the Denny's sign, however, if Civic Signs
height variance is not granted, the display face of our sign would be 8' lower. As you can see, the
elevated roadway completely obstructs the view of the sign face at 32' from this viewing location.
12
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Westbound on I-70 View: These photos show the view from a car approaching the Kipling exit, on I-
70 heading west. As you can see, the elevated roadway completely obstructs the view of the sign face at
32' from this viewing location.
This the westbound view of the sign at a 32' height, 15' side yard setback.
13
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Westbound I-70 Proposed View
In these photos, we used the flag test to create a real time mockup of how the sign would be viewed from
a westbound car if the sign is built at a height of 50'. This is a mockup of how the sign would be viewed
if built at a height of 50' and with a 30' side yard setback.
14
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Eastbound on I-70 View: These photos show the views from a car approaching the Kipling exit on I-
70 heading Eastbound. In this view you will see the Shell sign which is 50' tall. Our site is located
where the crane has hoisted the flag test panel (denoted by arrow). As you will see, the elevated roadway
will obstruct the nearly the entire view of our sign if it were to be built at a 32' height.
15
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Eastbound on I-70 View: These photos show the views from a car approaching the Kipling exit on I-
70 heading Eastbound. As you will see, the elevated roadway will obstruct nearly the entire view of the
sign if it were to be built at a 32' height.
This the eastbound view of the sign at a 32' height, 15' side yard setback.
16
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Eastbound I-70 Proposed View
Using the crane hoisted flag tests, these photos show a mockup of how the sign would be viewed if built
at a height of 50'.
17
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Other Signs in Area
There are several signs within sight of 4890 Kipling and I-70 Interchange, which are 50' tall. The
Motel 6, Natural Grocers and Shell signs are all 50' tall and within a block from 4890 Kipling.
Sign Heights in Area
r r,.
Motel 6-50'
Billboard '
- Shell -50' non„ue_an' Nat Grocer -50'
CiticSic. 94579 Um ..thy Rlvl 8526, H,BN ,Rarely CO 80126
Building Roof: Below is the survey drawing, showing the billboard built upon the property with a 30' side yard setback. You will see that the billboard would overhang the building's roof. At a 32' height the billboard would run into the building's
roof and would not be able to be built with this configuration. The top of the billboard would be 32', however the bottom of the billboard display would be approximately 15' high (to allow for the support arm and service walks required to be installed
on the sign). The building roof is angled starting at approx. 14' high and reaching over 25'at its apex. The only way that the billboard could be built with a 30' side yard setback, is with the top billboard height being 50'.
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
IMPROVEMENT SURVEY
WITH PROPOSED SIGN AT LOCATION WITHOUT VARIANCE
4890 KIPLING STREET
A PART OF THE SW 1/4 SECTION 15, T 3 S. R 88 W, 6TH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO
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SCULTREST COOPER OF BAD SECTION OA THENCE ABSCOR SCEE A VIOLENCE OF 1275 FEET, THENCE AI A
DISTANCE A 75 G FELL DE THE OCCUR FINE OF FLAT CERTAIN REPEEL CONNEYED AD DEEP RECORDED IN SEEK
IRRAF PRO 581; THENCE BRONO SCEN ALONS, SAID SCOTT THE, A DISTANCE OF 127,5 FEEL TO A POINT ON THE
RANDLEARLIF � �NE OF THAT DEPTAIN CARPEL CORNERED RED DEED REFORDED IN BUICK 17CR, EASE RACE. TLENCE
ROSS E ADERNIC SCAUD EAST LINE A DRICANCE OF 75 0 FEEL TCL FILE PART OF BEGINNING, EXCEED THE NORTH 5
FECUT �HEASFAUT. ANO EXCEPT FLAT POSTON CONNECTED IN NET- RECORDED DOLDRIER DR, BAD, AT
RECEPTION RUBBER SCRI COUNTY OF REFERENCED, STATE OF COLLECOP
PARCEL 2
BESN I AT FILE ORTHEREET CHANCE OF THAT CENTAIN CREEL CARRECTO HE SEES REDDENED IN INEEK 12�
PANCE 296, BROKEN IS ROSS A ISTANIE OF I.0 FELT AND NORREII.-I A DBOTANCE OF ROJI FELL FACEN TF!
EARNER OF EAD SECTIONT P, THERRUE POSEE ALONG TLE CALI LINE OF BAD BEEN. A
DBUTANCE 1 1 RE FEEL TO 4 NOATTERLY FINE OF BAD CEED. THENCE H8751 30'E. ALOND BAD NORTUFALY LNE.
A NISSANCE OF FDA FEET THENCE N022 W. A DISTANCE OF 110 FECUT TO FILE COUTHOOLf FINE OF THAT CERTAIN
ROBERT BERNEENDS ED DEED ECEDSOPER IN R. . RACE 1, THENCE IRSHO CYNN ATEPEO BAD SORT CUTS LINE
PER DEEP RECURBOR CAREER 28, 2006 AT RECEPTION NO 2ENI
wsi 1212 ES PRIOR D1$ E5 S21 C� PRUP
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FOUND 3 HERE EI 6 s sP IN oo$Mv` BA aCE A01 jHe. a C�oesi POST N:`i'CUT OF 'FEET NONE 3mhMaCNI a ERMI ePPmSTRA
A- ,A — S11 NNO DI UNLANCOUL TO
19
Side Yard Setback: In order to minimize the overhang of the billboard over the building roof, we are requesting a variance to the side yard setback of 15' versus 30'. As discussed prior, if restricted to a 30' side yard setback and a 32' height, the
billboard could not be built because it would encroach upon the building's roof.
If the billboard was constructed with a 15' side yard setback it would minimize the overhang over the building's roof (see survey drawing below) decreasing the risk of the sign affecting the building itself. In addition, the 15' side yard setback will
improve the visibility of the sign from I-70 by decreasing the visual obstruction caused by the elevated roadway.
There are multiple signs in the immediate area (Denny's, Motel 6, Natural Grocers & Shell) which are adjacent to the property and built with less than a 30' setback. We believe that a 15' setback will not negatively affect the area as there are multiple
examples of signs with less setback within view of the property and the only use of the adjacent property is as a parking lot for the Kipling Land's office tenants.
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IMPROVEMENT SURVEY
WITH PROPOSED SIGN AT LOCATION WITH VARIANCE
4890 KIPLING STREET
A PART OF THE SW 1/4 SECTION 15, T 3 S, R BB W, GTH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO
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PARCEL 1
BEGN ING AL FILE WETTEST BORDER OF THAT DEMEAN MARCEL CONVEYED By DEED REACERANNED IN RAW ,M
WALUMSEST POWER OF BAR SECTOR 15,. FLUENCY NOR 51 30-E A DISTANCE OF 1275 FEET. THEORY DOODEN, A
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REGN AND AT ME NORTHEAST ANSWER BY THAT GENTRAWN WARAGEL MINMETED AN REED REGARDED IN WORK DISTANCE OF J23 FEEL FWNE�
ME BAD WHICH IS ROSS W DISTANCE OF WROB FEET 'NO NICIII SJ'C A D•CARRINEW OF AGE RECURN 15, THENCE B19JEFE AUANG THE EASTERLY LINE OF ACE NEED. ADISTARACE 1 1 SO FEEL TO A NORTHERLY FINE AT BAD DEED; ��ENGE NAWASI WE. SUNNI WAR TRY,A WHADARANGE OF 105 FEEE THENCE W22 W. A LISTANCE OF 0 FEEL ME SCOTT— FAR OF THAT GENTAINANDEL CONNEY WE OEM IMI IN A.' 7. ME B THENCE DRAW SAYN ALBANS SAID ROGTHARLY LINEA BALANCE OF 125 FEEL TO THE DDINT OF BE"NING COUNTY OF JEFFERSON STATE OF COLORADO
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MIS EN BIG NI INC IN NOVEMBER, 2017, THE COORDINATES FOR CONTACT WANT I WERE DETERMINED M BE
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I ARMY AMORDING TO YOUGGRAND MY HAD MUST COMMENCE ANNE LOCAL ACTION RACCEN UNCE! ANY DEFTEST IN THIS
SURNE WITHIN THRE FEARS AFTER YET FIRET DISCOVER SUCH DEFECT IN NO EVENE MAY AND ACHON USED MEAN
ANY DEFEST IN THIS SUNDAY BE GDOWENCED MORE THAN FEAR YEARS FARM THE SEE BE THE BERTFIREFORM SHOWN
4, AND COMMANTEE AS TO THE ARCURARY OF THE INFORNSHON CONTBARD ON THE SLASHED DRAWING IS EITHER RULED
OR MILLER UNLEAS THIS COPY BEAM AN ORIGINAL CREATURE OF ME WMARDEREARRAL MAN ARMADAYN NAMED HEREEM
BE UNDERGROUND AHMED SHOWN HEREON ARE ADDED SAM TOASTER WAS SURFACE ORDERED DELTA AND ANY NOT BE
N ME ESACUT HOUSTON SHOWN ALL UNDERGROUND HOMES MUST BE LEACTER MANY TO SAY DROADING OR EAREARATING
BULL BLUFF COTTONTON SENTER OF COLOCRADD AT 1-800-922-1957 ON 811 IN THE METUND DI AREA FOR UHYT(
6. THIS DI DAYS NET CONSTITUTE A THLE SEARCH AFF 2YUAI WAKER BTW UMETxG INC. N DETERMINE OWNERSHIP
.INDIED MEEMENTS OF RECORD THIS CURNEY WAS IBM OEM WITHOUT THE RENEET OF A TITHE iXSURAXCE
COMMITMENT AND MAY RE CORRECT TO MOMENTS AND RUGHTR�F-AAY NOT STRAMON.
11 AN OF 1 BORROW$ 7582 $S, F, ED 0,174 ACRES. WORE AN LEII WOUSEL I ACRES E FEAR TxE Wn E ax . RR FT. A �4 MANY OR TEAM AN D-��THE FROES OF FILE MAGEE SOON SIT. HEREON BAR TO BE 11 FEET NOT BE IR FEEL .1 FILE HERI OFTHE SIGN WOULD HE 50 FEEL IF A WARANDE IS GRAHED. ANNE LECE IF A RARRANCE 15 OERED,GHT 1,
s E VFYERS SFRFFM floN
IN BRAN LEYEARE, A PROFESSIONAL LAND SUMBELF)R ALLY REGISTERED
DO IT FRE" STAFTE THAT THIN SU— WAR AEJRM— ON.. WE
FIRECTIO BUD ALDEBARAN, AGED SURVEEL HONG MADE ON THE
GRADES M THE NORRAL STANDARD BE WE OF BUFFERSIGNAL
SVNI AMUSING IN THE STATE OF GOLDRAID. THAT TO FILE
BYRD OF MY KNOWLEDGE I END THE INFORMATION �NFANED
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20
Civic Signe, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
City Benefits
The significant investment in the sign will likely appreciate the property value of 4890 Kipling Ave. In
addition, Civic Signs is willing to provide additional community benefit from the sign, if the City elects to
benefit from any of these options:
1. If the City elects, Civic is willing to place the City Logo on the pole structure of the sign,
immediately below the display. An example is this design:
2. Civic Signs is also willing to provide free advertising to the City. For up to 4 weeks per year,
Civic Signs will provide any unsold sign display for no cost to the City, other than the cost of
producing and placing the ad on the sign. Some examples of how other government entities
have used billboard displays to promote their communities are shown below.
21
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Variance Criteria Narrative:
• 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.
o A building currently sits on the property, however, without the variance, the landlord will
not be able to achieve the increased reasonable return in use and may be denied
significant income if the variance is not granted.
The variance would not alter the essential character of the locality.
o The character of the area would not be negatively impacted if the requested variances are
granted. The area is strictly commercial in nature, with many billboards along I-70 and
in the general area. There is a lot of signage within a block of this property, with a
majority of signs approximately 50' high.
These are signs within sight distance of 4890 Kipling
• Shell sign is 50' high
• Natural Grocers sign is 50' high
• Denny's Sign is 40' high
• Motel 6 Sign is 50' high
The applicant is proposing a substantial investment in the property with this application, which
would not be possible without the variance.
o Kipling Land and Civic Signs are making a significant investment in the property and
that investment will not be possible without the variance. In addition, the property will
likely not appreciate as significantly without signage.
• 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.
As discussed prior in this document, the City and State billboard regulations severely
restrict the properties available for billboard signage. This property has rare
characteristics which allow for this development. The elevated topography of the
freeway (issue caused by the State) relative to the level of the property has created a
unique hardship upon the owner. The elevated freeway is more than an inconvenience
and will make the sign virtually valueless for the the landlord and Civic Signs.
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.
o The property owner has not created the unique hardship. The hardship is due to the
elevated nature of the I-70 roadway which was caused by the State's construction of the
roadway. In addition, the very restrictive City and State sign regulations have caused
significant hardships which were not caused or created by either Civic Signs, Kipling
Land or their predecessors.
22
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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
o We do not believe that the height variance will be detrimental to the public and the area
would not be negatively affected. To the contrary, we believe that the variance would be
consistent with the conditions and uses of surrounding and adjacent properties. There are
a number of billboards in the general area, to the east and west of the property in, along
and adjacent to I-70. In addition, there are many signs within a block of the property that
are higher than 32', with heights up to 50' (Denny's, Motel 6, Shell, Natural Grocers, to
name a few).
The unusual circumstances or conditions necessitating the variance request are present in the
neighborhood and are not unique to the property.
o The elevated freeway is present in the neighborhood, affecting a number of properties
along and adjacent to the elevated portions of I-70.
Granting of the variance would result in a reasonable accommodation of a person with
disabilities. (Not Applicable)
The application is in substantial compliance with the applicable standards set forth
o The construction will be in compliance with the Code and other City and State rules,
regulations, laws and applicable standards.
23
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Kipling Land LLC Letter of Support
February 22, 2018
Re: 4890 Kipling Street
Wheat Ridge, CO 80033
Support for Variance on Easement to Construct and Operate Billboard
Dear Members of the Board of Adjustment
Please be advised that the undersigned, on behalf of the Kipling Land LLC, a Colorado limited liability
company ("Kipling Land"), have granted to Civic Signs Ltd., a Colorado limited liability company ("Civic
Signs"), a perpetual easement to construct and operate a billboard on its property located at 4890
Kipling Street, Wheat Ridge, CO 80033. Kipling Land fully supports the variance requests for height
(from 32 feet to 50 feet) and side -yard setback (from 30 to 15 feet) being sought by Civic Signs with
regard to the billboard they seek to build upon property that is the subject of this proceeding. The
approval of these variance requests are essential to effective and economic operation of the
contemplated sign and consistent with the applicable provisions of the Wheat Ridge zoning code.
We request and urge the City of Wheat Ridge Board of Adjustment approve the variances sought by
Civic Signs in this proceeding.
If you should have any questions feel free to contact the undersigned.
Sincerely,
Kipling Land LLC
Thomas C. Helgeson, its
And By:
Casey, its
24
Civic Signe, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Drawings — for illustrative purposes only
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25
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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25
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
April 17, 2017
Re: 4890 Kipling Street
Wheat Ridge, CO 80033
Easement to Construct and Operate Billboard
To Whom It May Concern:
Please be advised that the undersigned, as the sole members and managers of the Kipling Land LLC, a
Colorado limited liability company, have granted to Civic Signs Ltd., a Colorado limited liability company,
a perpetual easement to construct and operate a billboard on the property located at 4890 Kipling
Street, Wheat Ridge, CO 80033. Kipling Land LLC is the sole owner of the above described property and
the undersigned possess the full right and power togrant the aforesaid easement to Civic Signs Ltd.
Sincerely,
KiplingL LLC
C
4�
Thomas C. Helgeson, its M f
nager
And By:l7
Paul L. Casey, its Manager C
26
Civic Signs, 9457 S University Blvd. #526, Highlmds Ranch, CO 80126
GRANT OF LICENSE AND EASEMENT TO ERECT AND MAINTAIN SIGNS
THIS GRANT OF LICENSE AND EASEMENT TO ERECT AND MAINTAIN SIGNS (this "Grant") is made this
1st dayof May , 2017 ("Effective Date"), by Kipling Land LLC, a Colorado limited liability
company("Grantor") and by Civic Signs Ltd., a Colorado limited liability company ("Grantee").
RECITALS
Whereas, Grantor is the owner and operator of certain real property located in the County of Jefferson,
in the City of Wheat Ridge in the State of Colorado, more particularly described in Exhibit A attached
hereto and made a part hereof (the "Premises"), together with a building and other improvements
located on the Premises (the "Building"). The Building has a street address of 4890 Kipling Street, Wheat
Ridge, CO 80033. The Premises and the Building are sometimes together referred to as the "Property."
Whereas, Grantor desires to have Grantee erect, maintain and operate outdoor advertising sign(s) (as
more fully described below) within the designated areas of the Premises more particularly shown or
described on Exhibit B attached hereto and made a part hereof (the "Sign Location Area"), which will
display advertising copy as more fully described below;
Whereas, Grantor desires to have signs erected, operated and maintained by Grantee;
Whereas, the City of Wheat Ridge, Colorado and other regulatory authorities having jurisdiction over the
Signs (the "Authority") may authorize the construction and operation of the signs upon the Premises
("Authority Approval");
Whereas, Grantee is willing and able to provide the signs on the terms and conditions herein set forth;
and
Whereas, Grantor desires to establish a license and easement pursuant to which Grantee shall have the
perpetual right to erect, maintain and operate Signs on the Sign Location Area on the terms and
conditions set forth herein.
GRANT:
NOW, THEREFORE, Grantor hereby establishes and grants and conveys a license and easement to
Grantee to erect, maintain and operate the Signs on the Sign Location Area, on the following terms and
conditions:
1. EFFECT OF RECITALS
The foregoing Recitals are incorporated herein by reference and made a substantive part of this Grant.
2. DEFINITIONS AND INTERPRETATION
Definitions: Except as otherwise set forth in this Grant, the following terms shall have the meanings
ascribed to them below:
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Civic Signs, 9457 S University Blvd. #526, Bighlands Ranch, CO 80126
"Affiliate" of a Person means any other Person directly or indirectly controlling, controlled by or
under direct or indirect common control with such specified Person. For purposes of this
definition, "control", as used with respect to any Person, means the possession, directly or
indirectly, of the power to direct or cause the direction of the management or policies of such
Person, whether through the ownership of voting securities, by agreement or otherwise. For
purposes of this definition, the terms "controlling", "controlled by" and "under common control
with" have correlative meanings.
"Environmental Contaminant" means any substance which is hazardous to persons or property,
including contaminants, pollutants, hazardous, corrosive or toxic substances, petroleum
products, Flammable materials, explosive materials, radioactive materials, dangerous goods,
microwaves, waste, urea formaldehyde, asbestos, noxious substances, compounds known as
chlorobiphenyls, special waste, and any other substance or material the storage, manufacture,
disposal, treatment, generation, use, transport, remediation, or release of which into the
environment is prohibited, regulated, controlled, or licensed under Environmental Laws.
"Environmental Laws" means any Applicable Law (defined below) relating to or addressing the
protection of human health, safety or the environment, or regulating, controlling, licensing, or
prohibiting Environmental Contaminants, including those Applicable Laws regulating,
controlling, licensing, or prohibiting excavation of property containing Environmental
Contaminants, or the processing, treatment or disposition of soil containing Environmental
Contaminants, or the remediation of property containing Environmental Contaminants.
"Grant" means this Grant, including any and all schedules, appendices and/or exhibits hereto, as
amended, renewed, supplemented, extended and restated from time to time.
"Person" means and includes individuals, corporations, limited partnerships, general
partnerships, limited liability companies, joint stock companies or associations, joint ventures,
associations, consortiums, companies, trusts, banks, trust companies, governments, regulatory
authorities, governmental departments, agencies, commissions, boards, tribunals or courts, or
other entities.
3. GRANTEE RIGHTS
Grantee's rights under this Grant shall include, without limitation, the right to:
a. Erect, maintain and operate signs containing one or more static, electronic and/or digital
displays ("Signs") in the Sign Location Area; and
b. Utilize and connect to the electrical power and other utilities located on or available to the
Premises to the extent necessary or desirable to erect, maintain and operate the Signs in the
Sign Location Area so that the Signs can be so erected, maintained and operated in a safe and
structurally sound manner in compliance with all applicable statutes, ordinances, codes, rules
and regulations (the "Applicable Laws") at Grantee's expense.
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Civic Signs, 9457 S University Blvd. #526, Bighlmds Ranch, CO 80126
C. Have such ingress and egress to, from and across and the right to the use of any portions of the
Premises that might be reasonably necessary to enable Grantee to erect, maintain and operate
the Signs, provided the same are utilized in a manner that does not unreasonably interfere with
Grantor's use of the Premises;
d. Sell and place advertising, messaging or other forms of written or graphic communication on the
Signs concerning any goods, activities, services or other matters as may be permissible under
Applicable Laws; and
e. Solely and exclusively coordinate, manage and contract with any third parties concerning the
sale and placement of all advertising, messaging or other written or graphic communication
which may be placed on the Signs as determined in the sole but reasonable discretion of
Grantee.
4. TERM AND TERMINATION
The term (the "Term") of this Grant shall be perpetual commencing on the Effective Date, provided
however, Grantee may terminate this Grant for convenience by giving Grantor not less than thirty days
written notice thereof.
��.1ar_mat
A default shall be deemed to have occurred with respect to a parry upon the occurrence of the breach
by a party of any of its material obligations, agreements or covenants under this Grant. No party hereto
shall be in default under this Grant unless any default by such party continues for 30 days following
receipt by such party from the other party of a written notice of such default (hereinafter called a
"Default Notice"). A party shall be deemed to be in default under this Grant if that party has not
commenced to cure such default within 30 days. Notwithstanding anything to the contrary herein, if the
default by a party reasonably requires more than 30 days to cure, such party shall not be in default,
provided that the curing of the default is commenced within 30 days receipt by such party of the Default
Notice, and is thereafter diligently prosecuted to completion within a reasonable period of time.
Notwithstanding any other provisions of this Grant, where a party is in default under this Grant and such
default has a specified cure period that has not been cured within the applicable period to cure such
default, the other party shall have any remedy that is available to it at law or in equity after the period
to cure such default, if any, has expired.
6. COSTS
All of the costs and expenses incurred by Grantee in connection with the erection, repair, replacement,
removal, maintenance or operation of the Signs, including taxes directly attributable to ownership of the
Signs, or the use and enjoyment of the Grant by Grantee, shall be borne by, and paid by, Grantee.
7. RELOCATION OF SIGN LOCATION AREAS
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Civic Signs, 9457 S University Blvd. #526, Bighlmds Ranch, CO 80126
Grantee shall have the right from time totime to relocate, in whole or in part, the Sign Location Area,
with the consent of Grantor, as the case maybe, which consent shall not be unreasonably withheld,
conditioned or delayed.
S. SUCCESSORS AND ASSIGNS
This Grant and the terms and provisions herein shall inure to the benefit of and be binding upon the
successors and assigns of Grantor and Grantee.
9. DESIGN OF SIGNS; MAINTENANCE AND REMOVAL OF SIGNS; TENANT RELATIONSHIPS
a. Sign design and approval. The design, quality and appearance of the Signs shall be approved by
the Authority, if at all, prior to the commencement of construction by Grantee. Such approval
shall be in writing prior to installation ofthe Signs in the Sign Location Area.
b. Placement of copy. During the Term Grantee has the exclusive right at anytime and from time
to time to remove, replace and place any or all advertising copy, messaging or other written or
graphic display on the Signs. UPon the termination of the Grant by Grantee, Grantee may
remove, or ca use to be removed, the Signs within a reasonable period ofti me. The cost and
expense of such removal or replacement of the Signs shall be borne by Grantee.
C. Sign Maintenance. Grantee shall maintain the Signs in a clean, tidy and proper operating
condition and conduct its operation of the Signs in material compliance with Applicable Laws.
10. FEES -
a.
b. -
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
d.
e.
11. NATURE OF EASEMENT
The license and easement created herein shall also be and constitute an easement appurtenant to, and
a covenant which shall run with, the Premises, as benefited and burdened by the terms of this Grant.
This Grant shall not terminate or expire by lapse of time or non-use and shall continue until terminated
or modified as provided herein, and it shall not terminate by application of the doctrine of the rule of
merger.
12. DISPUTE RESOLUTION
In the event of any dispute among the parties related to this Grant, if such dispute is not promptly
resolved through good faith discussions among the parties, either party may cause such dispute to be
referred to a dispute resolution committee comprised of one designee of Grantor and one designee of
Grantee. In the event that such dispute is not promptly resolved by such committee to the satisfaction
of the both parties within thirty (30) days of the commencement of such discussions by such designees,
either party may seek arbitration of the arbitral dispute before a panel of three arbitrators (with one
arbitrator designated by each party, and the third arbitrator designated by the first two arbitrators) to
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Civic Signs, 9457 S University Blvd. #526, 1-lighlmds Ranch, CO 80126
be held in the Denver, Colorado, in accordance with the Commercial Arbitration Rules of the American
Arbitration Association. The determination of the arbitrators will be final and binding on the parties.
13. NOTICES
Any notice, demand, approval, consent, information, agreement, offer, payment, request or other
communication (a "Notice") to be given under or in connection with this Grant shall be in writing and
shall be given by personal delivery or email addressed or sent as set out below or to such other address
or email address as may from time to time be communicated to the other parties by Notice:
If to Grantor: Kipling Land LLC
Attn: Tom Helgeson
4890 Kipling Street
Wheat Ridge, CO 80033
If to Grantee: Civic Signs Ltd.
c/o Kent Saunders
578 Washington Blvd., Suite #153
Marina del Rey, CA 90292
With a cc to:
Civic Signs Ltd.
c/o Robert W. Micsak
617 South Corona Street
Denver, CO 80209
Any Notice shall be deemed to have been validly and effectively given on the date of delivery or
transmission, as applicable, provided it is delivered or sent to the other party on a Business Day prior to
6:00 p.m. (Denver time) and otherwise shall be deemed to have been validly and effectively given on the
next Business Day. For the purposes of this Grant, a'Business Davy" means a day in which banks are
open for business in the State of Colorado but does not include a Saturday or Sunday or a statutory, civic
or legal holiday under the laws of the State of Colorado or under the laws of United States.
14. INDEMNITY
Each party (the "indemnifying party") shall defend, indemnify and save harmless the other party (the
"indemnified party) and any of such other party's employees, representatives or agents from and
against any and all claims, demands, expenses or awards ("Claims"), which are caused by the
indemnifying party, Including such Claims as are based upon, arise out of or are connected with the
indemnifying party s breach of this Grant or the indemnifying party's willful misconduct or negligence.
The indemnified party shall give notice as soon as reasonably practical to the indemnifying party after
being informed in writing that facts exist which may result in a Claim; provided that the omission to so
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Civic Signs, 9457 S University Blvd. #526, Highlmds Ranch, CO 80126
notify the indemnifying party shall not relieve the indemnifying party of its obligations hereunder except
to the extent that the indemnifying party has been prejudiced thereby.
The indemnified party shall not, without indemnifying party's prior written consent, settle, compromise,
consent to the entry of any judgment in or otherwise seek to terminate any Claim in respect of which
indemnification may be sought hereunder (whether or not the indemnifying parry is a party thereto)
unless the indemnified party has acknowledged in writing that the indemnifying party and its
employees, representatives and agents are entitled to be indemnified in respect of such Claim and such
settlement, compromise, consent or termination includes an unconditional release of the indemnified
party and its employees, representatives and agents from any liabilities arising out of such Claim without
any admission of negligence, misconduct, liability or responsibility by or on behalf of indemnified party
or any of indemnifying party's employees, representatives or agents.
15. INSURANCE
The Grantee shall, at its sole cost and expense, obtain and maintain throughout the Term, the following
insurance:
a. Commercial General Liability
Commercial general liability insurance with a policy limit of not less than TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) per occurrence for bodily injury, death and damage to or
destruction of property, including the loss of use thereof. The policy shall by its wording or by
endorsement extend to insure the liabilities herein assumed by the Grantee, provide that
Grantor is included as an additional insured, and ensure that the policy provides for a "cross
liability" clause which shall have the effect of insuring each person, firm or entity named in the
policy as an insured in the same manner and to the same extent as if a separate policy had been
issued to each. The policy shall also include non -owned automobile liability and contingent
employers' liability coverage. The Grantee shall also ensure that all subcontractors, if any,
provide the same insurance coverage.
b. Automobile Insurance
Automobile public liability and property damage insurance in an amount not less than TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) all-inclusive covering the ownership, use and
operation of any motor vehicles and trailers licensed for use on public highways and which are
owned, leased or operated by the Grantee and used in providing the Services.
16. ENVIRONMENTAL MATTERS
a. Environmental Condition of the Premises. Grantor represents and warrants with respect to the
environmental condition of the Premises that it is in compliance with all Environmental Laws
and that there exists no Environmental Contaminants on or within the Premises.
b. General Environmental Obligations. Grantee shall be solely responsible for any Environmental
Contamination on the Premises and for the cost of all work carried out to correct any such
Environmental Contamination, which results from or is caused by any work performed by or for
Grantee under this Grant.
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Civic Signs, 9457 S University Blvd. #526, f1ighlands Ranch, CO 80126
17. RECORDATION
A memorandum of this Grant may be recorded in the public records.
18. INDEPENDENT CONTRACTOR
In connection with the work to be provided and performed hereunder by Grantee, it shall be acting as
an independent contractor and not as an employee, partner, agent, joint venture or other
representative of Grantor.
19. CONFIDENTIALITY
The terms of this Grant and all information which the parties acquire concerningthe other, the
Premises, and/or any information arising out of this Grant (collectively the "Information") is received as
confidential and for the sole and exclusive use by the parties for the purposes of conducting the
activities contemplated underthis Grant and cannot be disclosed to anythird party except to those who
may have a need to know such Information. Notwithstanding the foregoing, nothing in this Section 19
shall preclude disclosure of Information: (a) subject to reasonable notice to the other party, in pleadings
or in evidence in the course of any legal or administrative proceedings under circumstances whereby the
disclosing party is required to disclose such Information; (b) as may be required by law or by any
governmental authority having jurisdiction over the disclosing parry and being entitled in law to receive
such Information; (c) that is or becomes generally available to the public (other than by disclosure by the
a party or its officers, directors, employees, servants, agents or shareholders contrary to this Section
18); (d) that is required to be disclosed bythe applicable regulations or policies of any regulatory agency
or stock exchange having jurisdiction over such party; (e) that the party can demonstrate was already
known to such party prior to the disclosure of such Information by the disclosing party to the recipient
party; (f) is obtained from a source other than the other party or its Affiliates, provided that such source
is not known to the recipient party to be subject to an obligation of confidentiality to the other party or
its Affiliates; or (g) otherwise with the written consent of other party provided, in the cases of
paragraphs (a), (b) and (d), the recipient party will provide the disclosing party with prompt notice of any
such request or requirement so that disclosing party may seek an appropriate protective order or waive
compliance with this request or requirement. For the avoidance of doubt, the provisions of this Section
18 shall survive any termination of this Grant.
20. ASSIGNMENT
Except as otherwise expressly set out herein, Grantee may freely assign, transfer or convey this Grant,
including any of its rights herein, or subcontract any of the work or services to be performed hereunder
without the consent of Grantor.
21. MISCELLANEOUS PROVISIONS
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
a. In the event any action or proceeding under this Grant is brought by either party against the other
party, the non -prevailing party shall pay to the prevailing party in any such action or proceeding the
reasonable attorney's fees, including attorney's fees on appeal, and all reasonable costs of litigation,
incurred by the prevailing party in any such action or proceeding.
b. Each party shall, from time to time and upon every reasonable written request of any other party so
to do, give, execute and deliver all such further assurances as may be required for more effectually
implementing and carrying out the true intent and meaning of this Grant including, entering into
agreements and documents, in each case reasonably required by a party which will incorporate by
reference the material provisions of this Grant.
c. This Grant shall be governed, construed and enforced in accordance with the laws of the State of
Colorado and the federal laws of United States applicable therein and shall be treated in all respects
as a Colorado contract. Forum and venue shall be in Colorado.
d. No presumption shall exist in favorer against either party referenced herein as a result of the
drafting and preparation of the document.
e. No waiver of any breach by any party of the terms of this Grant shall be deemed a waiver of any
subsequent breach of this Grant. No supplement, modification, waiver or termination of this Grant
shall be binding unless executed in writing by the party to be bound thereby.
f. Words importing the singular include the plural and vice versa. Words importing one gender shall
include all genders.
g. The captions contained herein are for reference only and in no way affect this Grant or its
interpretation. Any reference in this Grant to any act or statute or any section thereof shall be
deemed to be a reference to such act or statute or section as amended, re-enacted or replaced from
time to time.
h. Each obligation of a party in this Grant, even though not expressed as a covenant, is considered for
all purposes to be a covenant.
I. If any covenant, obligation or agreement or part thereof or the application thereof to any Person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Grant or the
application of such covenant, obligation or agreement or part thereof to any Person or circumstance
other than those to which it is held invalid or unenforceable shall not be affected thereby. Each
covenant, obligation and agreement in this Grant shall be separately valid and enforceable to the
fullest extent permitted by law.
j. All reference to currency in this Grant shall be deemed to be reference to United States dollars.
k. No amendment of this Grant shall be effective unless the amendment is in writing, and signed by
Grantor and Grantee.
1. Except as specifically provided otherwise in this Grant, time shall be of the essence of this Grant.
When any period of time provided for herein expires on a day other than a Business Day, such
period of time shall automatically be extended to the next following Business Day and, when any
page 9 of 14
35
Civic Signs, 9457 S University Blvd. #526, f1ighlmds Ranch, CO 80126
Paul L. Casey, its anager
State of Colorado
County ofjekft�rso-ry
F'
The foregoing instrument was acknowledged before me this S day of 2017, by Paul L. Casey,
the manager of Kipling Land LLC, a Colorado limited liability company, on behalf of the Kipling Land LLC.
cj" r r
(Notary's official signature) CYNDI LEWIS
NOTARY PUBLIC
(Commission Expiration) STATE OF COLORADO
Notary ID 20054046003.. ,
Grantee
My Commission Expires 11/30it017
Civic Signs Ltd.
By:
Robert-WemWq Member
ti t'Wt gr—owdto-
State of Col do
County of I love, 8ftw"
The foregoing instrument was acknowledged before me thi:�-day of V-- 201V, by f4ebe*+ iesek,
mber of Ci 'c Si Ltd., a Colorado limited liability company, on behalf of the Civic Signs Ltd.
`( ar6Lofficial signature)
ELIZABETH A WOLSLEBEN
(Commission Expiration) NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104015503
MY COMMISSION EXPIRES MAY 07, 2022
page 11 of 14
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Exhibit A —Premises
LEGAL DESCRIPTION
All that portion of the Southwest Quarter of the southwest Quarter Of the...
Southwest Quarter of Section 15, Township 3 South, Range. 69 west of the Sixth
Principal Meridian, County of Jefferson, State of Colorado,
PARCEL 1
Beginning at the Southeast corner of that certain parcel conveyed by steed
recorded in Book 1758, Page 307, which is North 89 degrees 51 minutes 30
seconds Bast, a distance of 80.0 feet and North 0 degrees 22 minutes West, is,
diStaaoe of 560 £est from the Southwest corner of said Section IS; thence ,..
North 89 degrees 51 minutes 30 seconds zest a distance of 127.5 fd6tVibenca,._..
North 0 degrees 22 minutes West, a distance of 75.0 feet to the South line of
that certain parcel conveyed by dead recorded in Hook 1764, Pags 5E1,thehce
South 89 degrees 51 minutes 30 seconds West along said South line, a distance
of 127.5 feet to a point on the Easterly line of that certain parcel conveyed
by dead recorded in Book 1758, Page 307; thane South 0 degrees 22 minutes
East, along said Bast line, a'distance of 7$,0 feet to the Point of beginning,
EXCEPT the North 5 feet thereof, and EXCEPT that portion conveyed in
instrument recorded October 26, 1982, at Reception Number 82074460, County of
Jefferson, State of Colorado.
PARCEL 2,
Seginuing at the Northeast corner of that certain parcel conveyed. by dead
recorded in Book 1293, Page 296, which is North 0 degrees 22 minutes Wast, a
distance of 560.0 feet and North 89. degrees 51 minutes 30 seconds East, a
distance of 62.5 feet from the Southwest corner of said Section 15; thence
South 10 degrees 34 minutes East along the Easterly line of said deed, a
distance of 112,0 fast to a Northerly line of said dead, thence North 89
degrees 51 minutes 30 seconds East, along said Northerly line, a distance of
105 feet, thence North 0 degrees 22 minutes West, a distance of 110 feet to
the .Southerly line of that certain parcel conveyed by dead recorded in Book
708, Page 2; 'thence South 89 degrees 51 minutes 30 seconds West along said
Southerly line a distance of 125 feet to the point of. beginning, County of
Jefferson, State of Colorado.
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
N
Exhibit A (cont)— Premises - Map
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page 13 of 14
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION (TEMPLATE)
CASE NO: WA -18-05
APPLICANT NAME: Civic Signs, Ltd
LOCATION OF REQUEST: 4890 Kipling Street
WHEREAS, the application Case No. WA -18-05 was not eligible for review by an
administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in recognition that
there were/were not protests registered against it; and
WHEREAS the relief applied for may/mav 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 -
18 -05 be, and hereby is, DENIED.
TYPE OF VARIANCE:
Approval of a 15' (50%) variance from the 30' minimum side yard setback adjacent to a
street/right-of-way for property located in the Restricted Commercial (RC) zone district.
FOR THE FOLLOWING REASONS:
1. The side setback variance is inconsistent with the long-term vision for the I-
70/Kipling interchange.
2. The subject property would continue to yield a reasonable return in use and function
as an office building if the variance were denied.
3. The billboard can still be built if the setback variance were denied.
4. Granting of the variance will negatively affect the I-70/Kipling interchange
reconstruction project.
5. CDOT objects to the variance.
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION (TEMPLATE)
CASE NO: WA -18-06
APPLICANT NAME: Civic Signs, Ltd
LOCATION OF REQUEST: 4890 Kipling Street
WHEREAS, the application Case No. WA -18-06 was not eligible for review by an
administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in recognition that
there were/were not protests registered against it; and
WHEREAS the relief applied for may/mav 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 -
18 -06 be, and hereby is, DENIED.
TYPE OF VARIANCE:
Approval of an 18 -foot (56.25%) variance to the maximum height of 32'for a billboard resulting in a 50'
tall billboard in the Restricted Commercial (RC) zone district.
FOR THE FOLLOWING REASONS:
1. The height variance is inconsistent with the long-term vision for the I-70/Kipling
interchange.
2. The subject property would continue to yield a reasonable return in use and function as
an office building if the variance were denied.
3. The variance would alter the essential character of the locality.
4. During the review of sign code and billboard regulations, City policy makers have chosen
not to extend the maximum height for billboards.
I
City of
WheatRidge
BOARD OF ADJUSTMENT
Minutes of Meeting
December 14, 2017
CALL MEETING TO ORDER
The meeting was called to order by Chair BANGHART at 6:59 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29' Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Board Members Present:
Alternates Present:
Board Members Absent:
Staff Members Present:
3.
4.
PUBLIC FORUM
No one wished to speak at this time.
PUBLIC HEARING
A. Case No.WA-17-07
Thomas Abbott
Sally Banghart
Janet Bell
Dan Bradford
Paul Hovland
David Kuntz
Michael Griffeth
Larry Richmond
Betty Jo Page
Lauren Mikulak, Planning Manager
Scott Cutler, Planning Technician
Tammy Odean, Recording Secretary
The case was presented by Scott Cutler. He entered the contents of the case file and
packet materials, the zoning ordinance and the digital presentation into the record.
He stated all appropriate notification and posting requirements have been met and
advised the board there was jurisdiction to hear the case. He reviewed the
presentation and staff report.
The applicant is requesting approval of a 456 sq. ft. (76%) variance from the 600 sq.
ft. maximum for a major accessory building in the Residential -Three (R-3) zone
Board of Adjustment Minutes December 14, 2017
district located at 4485 Independence Street. The purpose of this variance is to allow
for the construction of a garage addition and it would meet all other development
standards including height and setbacks.
Staff recommends approval of this variance. There are unique circumstances
attributed to this request that warrant approval.
Member KUNTZ asked if the school was notified regarding this variance.
Mr. Cutler said the school was in the 300 ft. noticing radius and there was no
comment.
Member RICHMOND said he was confused about the addition of the number on
page 2 of the agenda packet.
Mr. Cutler explained that the existing garage is already over the maximum square
footage for a major accessory building, but the variance is only for the percentage
over the 600 sq. ft. maximum.
Member KUNTZ asked about there being multiple garage doors and wondered why.
Fred Zietz, owner
4485 Independence Street, Wheat Ridge
Mr. Zietz explained that the intention of the addition to the garage is strictly for
storage. The multiple garage doors are because they are bigger in size and easier to
get larger items in and out of storage.
Member Griffeth asked why the addition was not permitted before construction
started and wanted to know what the building department is doing to make this wrong
a right.
Mr. Zietz said it was an oversight on his part. The cement pad had been poured years
ago and it was a mistake on his part to start building without the city looking at plans
and getting a permit. Mr. Zietz added there was a stop work order then a courtesy
inspection with a few minor details he has to adhere to and he will get a permit if the
variance is approved.
Mr. Cutler added that to complete the building permit process there will be a final
inspection.
Mr. KUNTZ asked where the sheds are located that will be demolished.
Mr. Zietz said they are on the south side of the property.
Member ABBOTT asked if the sheds being demolished is a condition of the variance.
Mr. Cutler confirmed it is not a condition, but can be added to the motion.
Board of Adjustment Minutes December 14, 2017
Ms. Mikulak added that major and minor accessory structures cannot be lumped
together in the maximum square footage for accessory buildings, but the sheds are
considered minor strictures.
Member KUNTZ added that the shed being demolished could be added as a
condition.
Member HOVLAND asked if the one phone call received was only an inquiry and
not a protest.
Mr. Cutler confirmed that is was only an inquiry.
Upon a motion by Member KUNTZ and seconded by Member HOVLAND, the
following motion was stated:
WHEREAS, application Case No. WA -17-16 was not eligible for administrative
review; and
WHEREAS, the property has been posted the fifteen days required by law and
in recognition that there were no protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge; and
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application
Case No. WA -17-16 be, and hereby is, APPROVED
TYPE OF VARIANCE: Request for approval of a 456 -square foot variance
(76%) from the 600 -square foot maximum for major accessory buildings in the
Residential -three (R-3) zone district.
FOR THE FOLLOWING REASONS:
1. The variance would not alter the essential character of the neighborhood.
2. The applicant is proposing a substantial investment in the property that
may not be possible without the variance.
3. The request would not be detrimental to public welfare.
4. The unusual circumstances or conditions necessitating the variance
request are present in the neighborhood and are not unique to the
property.
WITH THE FOLLOWING CONDITIONS:
1. The design and architecture of the proposed garage shall be consistent
with representations depicted in the application materials, subject to staff
review and approval through review of a building permit.
Board of Adjustment Minutes December 14, 2017
A friendly amendment was offered by Member ABBOTT to add the following
reasons:
5. This is a 20,707 sq. ft lot.
6. The garage will sit 133 ft from the street and completely behind the
primary structure.
7. All setback requirements are exceeded.
Motion carried 8-0.
5. CLOSE PUBLIC HEARING
Chair BANGHART closed the public hearing.
6. OLD BUSINESS
NEW BUSINESS
A. Approval of Minutes — October 26, 2017
It was moved by Board Member BELL and seconded by Board Member Thomas
BRADFORD to approve the minutes as written. The motion passed 6-0-2 with
Board Member GRIFFETH and HOVLAND abstaining.
Ms. Mikulak confirmed with the members that Ms. Griego had submitted her resignation
from the Board of Adjustment effective immediately. She also mentioned that the BOA
Bylaws were last updated in 2006 and there will be more clarity made to the attendance
policy when updated. Staff will create a redline copy of the Bylaws for a BOA
discussion, then approval.
Mr. Griffeth asked if Ms. Griego's seat will be filled by one of the alternates in district II.
Ms. Mikulak said this is possible, but the replacement process will be confirmed through
the City Clerk's office.
Member ABBOTT asked if City Council will have the BOA appeal the sign code.
Ms. Mikulak said the BOA will only review sign code if there is a variance and Planning
Commission will review the master sign plans and City Council will approve them.
8. ADJOURNMENT
Chair BANGHART adjourned the meeting at 7:35 p.m.
Sally Banghart, Chair Tammy Odean, Recording Secretary
Board of Adjustment Minutes December 14, 2017
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
RESOLUTION NO. 01
Series of 2018
A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC
PLACE FOR THE POSTING OF MEETING NOTICES AS
REQUIRED BY THE COLORADO OPEN MEETINGS LAW
WHEREAS, the Board of Adjustment of the City of Wheat Ridge, Colorado, deems it in
the public interest to provide full and timely notice of all of its meetings; and
WHEREAS, the Colorado state legislature amended the Colorado Open Meetings Laws,
Section 24-6-401, et seq., C.R.S. to require all "local public bodies" subject to the requirements
of the law to annually designate at the local public body's first regular meeting of each calendar
year, the place for posting notices of public hearings no less than twenty-four hours prior to the
holding of the meeting; and
WHEREAS, "local public body" is defined by Section 24-6-402(1)(a) to include "any
board, committee, commission, authority, or other advisory, policy-making, rule-making, or
formally constituted body of any political subdivision of the state and any public or private entity
to which a political subdivision, or an official thereof, has delegated a governmental decision-
making function but does not include persons on the administrative staff of the local public
body".
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of the City
of Wheat Ridge, Colorado, that:
1. The lobby of the Municipal Building and the City's website shall constitute the
designated public place for the posting of meeting notices as required by the
Colorado Open Meetings Law.
2. The Community Development Director or his designee shall be responsible for
posting the required notices no later than twenty-four (24) hours prior to the
holding of the meeting.
3. All meeting notices shall include specific agenda information, where possible.
DONE AND RESOLVED THIS day of 2018.
Chair, Board of Adjustment
ATTEST:
Secretary to the Board of Adjustment