HomeMy WebLinkAboutWA-18-05� A
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The following case numbers relate to the request for
construction of a billboard at 4890 Kipling Street.
Case No. WA -18-05 was 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.
Case No. WA -18-06 was a request for approval of an 18' height
variance to the 32' maximum height for a billboard resulting in
a 50' high billboard.
All files pertaining to these two cases can be found in the case
file for WA -18-05.
Pursuant to denial of the variances, the applicant requested an
extension for application of a building permit to construct a
billboard conforming to the standards outlined in the zoning
code. The extension was granted until August 6, 2018.
A complete building permit was not submitted prior to the
August deadline, therefore a permit for the proposed billboard
was never issued.
City of
/� Wheat idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
April 6, 2016
Scott Andel
Civic Signs, Ltd.
9457 S. University Blvd. #526
Highlands Ranch, CO 80126
Dear Mr. Andel:
RE: Case No. WA -18-05
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
At its meeting of March 22, 2018, the Board of Adjustment made a motion for denial of Case No.
WA -18-05, a request for approval of a 15 -foot (50%) variance from the 30 -foot minimum side
yard setback adjacent to a street/right-of-way for property located in the Restricted Commercial
(RC) zone district located at 4890 Kipling Street; the motion to deny passed. Therefore, the
request is DENIED.
Also, at its meeting of March 22, 2018, the Board of Adjustment made a motion for approval of
Case No. WA -18-06, a request for approval of an 18 -foot (56.25%) variance to the maximum
height of 32 feet for a billboard resulting in a 50 -foot tall billboard in the Restricted Commercial
(RC) zone district located at 4890 Kipling Street; the motion to approve failed. Therefore, the
request is DENIED.
Enclosed is a draft copy of the minutes, stating the Board's decisions. Should you decide to
appeal the decisions of the Board, you will need to file the appeal with the Jefferson County
district court within 30 days of the Board's decisions.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Tammy Odean
Administrative Assistant
Enclosures: Draft of Minutes
Certificate of Resolution (to follow by separate mailing)
cc: WA -18-05, WA -18-06 (case file)
WA1805.doc, WA1806.doc
www.ci.wheatridge.co.us
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;
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 presently
having an interest in the property.
4. The request would not be detrimental to the 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.
Motion carried 7-0.
B. Case Nos.WA-18-05 and WA -18-06:
The case was presented by Meredith Reckert. She entered the contents of the case
file and packet materials, the zoning ordinance and the digital presentation into the
record. She stated all appropriate notification and posting requirements had been met
and advised the board there was jurisdiction to hear the case. She reviewed the
presentation and staff report.
The applicant is requesting 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 allowance, 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 adjacent to a street or right-of-way. The purpose of these
variances is to allow for the construction of a billboard.
Board of Adjustment Minutes March 22, 2018 3
Member GERMANO asked what the status is for the funding of the Kipling/I-70
interchange reconstruction project.
Ms. Reckert said the City is still in the process of acquiring funding by CDOT and the
City of Wheat Ridge. Once funding is available, the project will commence.
Member KUNTZ asked why City Council does not want to see billboards any higher
than the 32 -foot height limit.
Ms. Reckert explained that, among other things, City Council is concerned about
aesthetics and visual clutter.
Member GRIFFETH thanked Ms. Reckert for her presentation and asked about
reciprocity with CDOT and asked whether staff asked CDOT for their opinion on the
billboard or if staff was required to talk to CDOT about their opinion.
Ms. Reckert said staff chose to get their opinion.
Member GRIFFETH asked about the letter from CDOT which was signed by Nancy
Terry and asked if she is,qualified to address this matter.
Member KUNTZ interjected and said he has worked with her in the past and she is
very knowledgeable on the subject and is one of CDOT's senior managers and looks
out for CDOT's best interests on the state's highways.
Member GRIFFETH asked if CDOT intends to take more land then what is shown on
the ROW for the Kipling/I-70 project.
Ms. Reckert said yes and the property owner will be compensated for that.
Member GRIFFETH also asked if there are any projections on what the City will
receive in taxes if the billboard is installed.
Ms. Reckert and Mr. Dahl agreed that would be a question for the applicant.
With regard to landscape and signage improvements at the interchange, Member
GRIFFETH stated he didn't understand why the City spent a lot of money on
landscaping in ROW but are going to restrict someone from building a billboard. He
also wondered why the City Attorney is present at the meeting tonight.
Mr. Dahl said he is present at the meeting tonight at the request by staff which is
common on more complex cases. He has defended other billboard cases and is here
to make sure the record is correct and that the decision is defensible.
Member GRIFFETH then asked about the cap of 16 billboards in the City of Wheat
Ridge and wanted to know how many applied for this vacancy.
Board of Adjustment Minutes March 22, 2018 4
Ms. Reckert said 2 applied for the vacancy and that there are very strict requirements
on where these billboards can be placed.
Member RICHMOND asked about Exhibit 6 of the applicant's submittal package, on
page 8 showing an arrow to the top of the guard rail and the caption saying the
elevated road way is 25 feet in height. He would like to know if it is the roadway or
the guardrail.
Ms. Reckert clarified that this exhibit is from the applicant so they need to answer the
question.
The applicant then had an opportunity to make their presentation. They handed out
an additional exhibit.
Scott Andel, Civic Signs, Ltd., Applicant
6669 Serena, Castle Pines
Mr. Andel gave a brief presentation and went through the information included in the
agenda packet. He said the I-70 overpass is 25 feet in height to answer Member
RICHMOND's question.
Member GRIFFETH asked Mr. Andel if he knew whether the application was going
to be presented to CDOT and if there was a chance to respond to the CDOT letter.
Mr. Andel said no but they met with CDOT a few days ago and added that the
aesthetic issue was new to them. Ultimately, both the City and CDOT need to
approve the request for construction.
Member GRIFFETH wondered about the cost of the flag study and Mr. Andel replied
that said it cost a couple thousand dollars in addition to surveys.
Member PAGE asked if there is any other location on the site for a billboard.
Mr. Andel said no because he doesn't want to encroach on the other buildings.
Member PAGE asked about the east side of the property.
Bob Micsak, Civic Signs, Ltd., Applicant
617 S. Corona Street
Mr. Micsak said that pursuant to the CDOT letter, it was indicated they would have
no objection to the billboard being installed on the east side of the property and would
a support a 10'-15' setback in that location. Ms. Reckert clarified that the billboard
needs to meet the rear setback requirement which is based on the height of the sign.
A 25' rear setback is required but a reduction of that setback cannot be granted at this
meeting because it was not advertised as a variance.
Board of Adjustment Minutes March 22, 2018 5
Member GRIFFETH asked about the possibility of the City of Wheat Ridge having
advertising on the billboard and if this could be a condition of approval and being a
guarantee.
Mr. Micsak said that could be a consideration and the "City of Wheat Ridge" would
appear on the sign at all times with the upgraded sign.
Mr. GRIFFETH asked if this billboard will be an LED sign, and approximately how
much the billboard will cost.
Mr. Micsak said no, it will be static vinyl wrap screen because the City does not allow
LED billboards. He added the billboard will cost approximately $75,000 plus more
depending on the design and soil testing.
Member BELL is curious about the CDOT plans and suggested that erection of the
billboard could be delayed until the Kipling/I-70 interchange is complete.
Mr. Micsak indicated that there are contractual obligations with the land owner and
that the City has tight timelines for the permitting process. A building permit needs
to be submitted by April 8t' or 9th.
Mr. Dahl explained the City has strict time frames that Civic Signs needs to meet and
that is why they can't step back and wait.
In response to a previous comment from Mr. Griffeth, Ms. Reckert explained that the
money invested into the landscaping in the ROW is not a "throw away" project. The
City of Wheat Ridge "welcome" sign can be disassembled and moved to a different
location.
Mr. GERMANO told the Applicant they had a compelling presentation and the
applicant has swayed his decision and thinks the 32 -foot billboard height limit is too
restrictive. With regards to the setback, he expressed that this is a unique parcel and
if CDOT constructs the interchange project, the applicant has been forewarned and
the billboard will have to come down. He then asked about the change in ownership
of the land owner and if that will have any effect on the billboard.
Mr. Micsak said there is an easement on the property which is separate from the
building and the sign can stand separate from the building.
Member KUNTZ clarified that CDOT will pay to move the sign if need be, not the
owner. He commented that the elected City officials have declined to modify the
City's restrictive billboard height. He continued that this is a city wide issue and the
billboard regulations affect all in the City not just in this small area. He would like to
see the interchange rebuilt.
Tom Helgeson, Kipling Land, LLC
4890 Kipling Street, property owner,
Mr. Helgeson said he bought the land in 2003 and is in favor of the billboard.
Board of Adjustment Minutes March 22, 2018 6
Member GRIFFETH asked the owner if he knows how much he will pay the City in
taxes from the revenue from the billboard.
Mr. Helgeson said he is not sure.
Mr. Micsak noted that there will be an increase in the valuation of the property.
Member Page asked why the applicant could not choose a different location in the
City for the billboard.
Mr. Micsak said there is no other location that meets both the city and state
requirements for a billboard.
Member GRIFFETH stated he is in support of the sign and height and can be swayed
on not supporting the setback.
Member PAGE said she will not support the proposal and agrees with Member
KUNTZ' concerns about the height, the concern of final elevation and for traffic
safety. She fears the erection of the billboard will inhibit the Kipling/I-70 interchange
project.
Member BELL stated she will not be supporting the applicant for a number of
reasons, and that she agrees with Member KUNTZ.
Mr. Dahl stated the Board must take two separate votes — one on each application.
On each application if the motion is to gpprove, it requires six votes in order to grant
the variance; if the motion is to deny, it must pass by four votes (a majority of
members present).
Upon a motion by Member PAGE and seconded by Member KUNTZ, the
following motion was made:
Case No. WA -18-05
WHEREAS, application Case No. WA -18-05, a request for approval of a 15'
setback variance, 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 protests registered against it; and
WHEREAS, the relief applied for may not be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge; and
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application
Case No. WA -18-05 be, and hereby is, DENIED
Board of Adjustment Minutes March 22, 2018 7
TYPE OF VARIANCE: Request for approval of a 15 -foot (50%) variance from
the 30 -foot 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.
Motion failed 3-4, with Members BELL, GERMANO, BRADFORD and
GRIFFETH voting no.
Member KUNZ questioned Member BELL's vote based on her testimony as not
in favor of the variance.
Mr. Dahl requested the Recording Secretary clear the board and have the Board
vote again on the motion; Dahl stated that a yes (green) vote is to deny and a no
(red) vote is to grant.
Member BELL stated "I meant to support staffs recommendation which was to
deny."
Vote taken again.
Motion carries 4-3 with Members BRADFORD, GERMANO and GRIFFETH
voting against; therefore, the variance was denied.
Case No. WA -18-06
Upon a motion by Member KUNTZ and seconded by Member PAGE, the
following motion was made:
WHEREAS, application Case No. WA -18-06, a request for approval of a height
variance, 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 protests registered against it; and
WHEREAS, the relief applied for may not be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge; and
Board of Adjustment Minutes March 22, 2018 8
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 feet for a billboard resulting in a 50 -foot 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.
Motion failed 2-5 with BRADFORD, GERMANO, GRIFFETH, PAGE and
RICHMOND voting against. Therefore, the motion failed to pass.
Mr. Dahl stated that because the motion to deny failed, the Board had yet to take
a final action on the case, and that a motion to approve was in order.
Upon a motion by Member Griffeth and seconded by Member GERMANO, the
following motion was made:
WHEREAS, application Case No. WA -18-06 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 -18-06 be, and hereby is, APPROVED
TYPE OF VARIANCE: Approval of an 18 -foot (56.25%) variance to the
maximum height of 32 feet for a billboard resulting in a 50 -foot 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, however there should be an exception
considering other factors.
Board of Adjustment Minutes March 22, 2018 9
2. The subject property would continue to yield a reasonable return in use
and function as an office building if the variance were approved.
3. The variance would not 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,
however the Board of Adjustment feels this is an exception to the policy.
WITH THE FOLLOWING CONDITIONS:
1. The sign be in substantial compliance with documents that have been
submitted.
2. The City of Wheat Ridge has guaranteed advertising to be determined at
a different meeting.
Mr. Dahl stated if a member wished to grant the variance, vote yes (green
button); if the member wished to deny the variance, vote no (red button).
By the requirements of Code of Laws and the BOA Bylaws, a motion to grant a
variance must pass by 6 votes (of 7 members present), and if not, a resolution of
denial is automatically entered.
The motion failed 4-3 with KUNTZ, BELL and RICHMOND voting against.
Under Code 2-53 and the Board of Adjustment bylaws, this action denied the
variance application.
6. CLOSE PUBLIC HEARING
Acting Chair Bell closed the public hearing.
7. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes — December 14, 2017
It was moved by Member KUNTZ and seconded by Member GRIFFETH to
approve the minutes as written. The motion passed 5-0-2 with Board
Members GERMANO and PAGE abstaining.
B. Resolution 01-2018: Establishing a designated public place for posting of
meeting notices as required by the Colorado Open Meetings Law.
It was moved by Member GRIFFETH and seconded by Member
GERMANO to approve Resolution 01-2018 establishing a designate public
place for posting of meeting notices as required by the Colorado Open
Meetings Law. The motion passed 7-0.
Board of Adjustment Minutes March 22, 2018 10
City of
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COMMi
NITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`b Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
March 30, 2018
Civic Signs, Ltd.
9457 S. University Blvd., #526
Highlands Ranch, CO 80216
Re: 4890 Kipling Street, Pending Billboard Application
Dear Mr. Andel,
I received your March 29, 2018 letter requesting an extension of your pending application to fill
the City's Billboard sign vacancy.
I am aware that you just recently received the determination (denial) from the City's Board of
Adjustment regarding your request for a height and setback variance. With that decision having
been made, you are now in a better position to understand your options moving forward with
construction documents necessary to apply for a building permit for said sign. For that reason
and based on the progress you have outlined in your letter, I hereby grant an extension of your
pending billboard application for 180 days, as authorized by municipal code. Your extension will
be valid until August 6, 2018.
Please let me know if yo,# have any questions. Thank you.
Respectfull
Kenneth Johnstone, 4CP
m
Director of Comun Development
CC: Meredith Reckert, AICP, Senior Planner
ww w.ci.whentridge.co.us
March 29, 2018
City of Wheat Ridge
Community Development Director
Attn: Mr. Ken Johnstone
7500 W. 29t' Avenue Civic Signs
Wheat Ridge, CO 80033-8001 Ltd.
Re: Extension of time for building permit application
Dear Mr. Johnstone:
As you may know, Civic Signs was awarded to be the applicant under the Billboard Vacancy Process.
Our understanding is that the building permit application is due to be submitted by April 8, 2018.
However, due to unforeseen circumstances, the permitting process is taking longer than anticipated.
Within the Billboard Vacancy Process, the Community Development Director is authorized to extend the
application deadline. Below is language regarding the extension:
"the Community Development Director may authorize an extension of not more than one hundred eighty
(180) additional days upon a showing by the applicant that it is making substantial progress towards filing
a complete application, as determined by the Director in his or her sole and absolute discretion."
We would like to request an extension of an additional 120 days (August 6, 2018) to file a building permit
application. Civic Signs has made substantial progress towards filing a building permit application.
Listed below are some of items which show the progress:
• Hired a surveyor and completed a survey of the site
• Created site plans showing multiple sign locations on the property
• Drawings and technical information regarding the structure
• Hired a crane company for flag tests to show sign visibility and sign placements on the property
• Ordered and performed DigAlerts (utility locates)
• Prepared a detailed report for planning and the Board of Adjustment process
• Research and documentation from Jefferson County planning
On March 22"d, Civic Signs presented to the Board Of Adjustment. Civic Signs will be filing a building
permit application regardless of the Board of Adjustment process, however, we would like more time to
review the BOA process and transcript, as well as to complete the final building application details.
If you can process this extension as soon as possible, that would be helpful as the original April 8' date is
rapidly approaching. If you have any questions, please feel free to contact me.
Sincerely,
"4�
Scott Andel
Civic Signs
scott@civicsigns.com
303-947-9644
Kenneth Johnstone
From:
Meredith Reckert
Sent:
Friday, March 30, 2018 10:26 AM
To:
Kenneth Johnstone
Subject:
RE: Civic Signs
Civic Signs, Ltd
9457 S. University Blvd #526
Highlands Ranch, CO 80126
Address of the property is 4890 Kipling Street
Meredith Reckert, AICP
Senior Planner
Office Phone: 303-235-2848
FAX: 303-235-2857
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(J/r W 116at I 'jcll gc
�11vlllMMINI
From: Kenneth Johnstone
Sent: Friday, March 30, 2018 10:17 AM
To: Meredith Reckert <mreckert@ci.wheatridge.co.us>
Subject: Civic Signs
Meredith,
I received a letter requesting an extension from them for the Kipling location. The letter did
not include their mailing address nor the address of the property in question, can you please
get me those? Thanks.
Ken Johnstone, AICP
Community Development Director
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2844
Fax: 303-234-2824
www.ci.wheatridge.co.us
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1
TO:
CASE MANAGER:
CASE NO. & NAME
City of
Wh6atI�iclge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Board of Adjustment MEETING DATE: March 22, 2018
Meredith Reckert
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):
OWNER (S):
APPROXIMATE AREA:
PRESENT ZONING
PRESENT LAND USE
Civic Signs, Ltd.
Kipling Land, LLC
22,015 square feet
Restricted Commercial (RC) / B-2 Billboard District
Office
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
1 �
Case Nos. WA -18-05 & WA -18-06 /Civic Signs, Ltd.
JURISDICTION:
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. 491h 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 49`h 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. 49th Avenue, and a Shell/Circle K is located across
Kipling Street to the west. (Exhibit 2, Zoning map)
Board ofAdjustment
Case Nos. WA -18-05 & WA -18-06 / Civic 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 26th Avenue (Gold's
Market shopping center) north to 38th Avenue (Kipling Ridge shopping center) past West 50th Avenue
(Natural Grocers).
Board ofAdjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Interstate -70 (1-70) 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)
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Board of Adjustment 4
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 1-70/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
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Excerpt from Envision Wheat Ridge - Structure Plan
Board ofAdjustment
Case Nos. WA -18-05 & WA -18-06 /Civic Signs, Ltd.
Community
Commercial
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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. 48h 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 of Adjustment 6
Case Nos. WA -18-05 & WA -18-06 / Civic 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. In 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 ofAdjustment
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.
7. 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 ofAdjustment
Case Nos. WA -18-05 & WA -18-06 /Civic 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 ofAdjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
EXHIBIT 1: AERIAL PHOTO
Board of Adjustment 10
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
EXHIBIT 2: ZONING MAP
Board ofAdjustment 11
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
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Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
View of property
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installed
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southwest corner
of the Kipling/I-70
interchange
14
EXHIBIT 4: CDOT LETTER
COLORADO
Department of Transportation
To: Meredith Rictw4 City of Wheat Ridge Community Development
From: Nancy Terry, Region 1 ROW Manager
Date: March 15, 2018
Re: Request for two variances on property located at 4890 Kipling %gam,;,,
Case No. WA -18-05: a 15' variance to the required 30' side setback when adjacent to a
public street or right-of-way resulting in a 15' setback and,
Case No. WA -18- 06: an 18' height variance to exceed the maximum billboard height of
32' resulting in a 50' high billboard.
CDOT is an adjacent property owner along the south property line of the property. jr;,guA
asked for comments and concerns about the variance request and proposed location of a
billboard on that site.
The property as a total acquisition for construction of the interchange
improvements at 1-70 and Kipling prior to the billboard lottery process. Should the owner
decide to enter a lease agreement with the billboard vendor, he will retain full rights to retain
whatever site Lc,. 1tA as the billboard site and the building will remain with possible
parking and circulation impacts. The westbound exit ramp W0JZeAW across the property, as
planned, vrhen the project commences in 2019-2020.
1 y CDOT objects to any variance to the standard side yard setback of 30 ft. from the
South property line. The proposed billboard location shown on the attachment presents
a safety conflict with the new interchange ramp announced for 1-70 and Kipling. In
addition, if the 30' southern setback were to ECOWW by 15' the State of Colorado will be
required to purchase a 50' double sided billboard in the future or relocate the sign. If the
sign LjjAWrAW is will encroach over the eyisting building and could potentially encroach
over a future building.
The City of Wheat Ridge is considering whether to permit the sign to encroach over a
portion of the existing building. CDOT has no say on this decision. To allow a 50' sign
the city will be permitting a 5' encroachment over the existing building. Will this decision
also permit CDOT to move the sign in the future and possibly encroach further over the
existing building or over a new structure?
2) If Vlrrheat Ridge chl�ses to grant a variance along the eastern border; a 10' to 15" side
variance from the eastern border adjacent to [ M would be acceptable to
CDOT.
�• �. r'�.��1`+, 1. �1 � rr ,� I�I.E � �1' �.�'..r.` 1 � �,4`1�. 1'. as
This assumes a single foundation and pole. A foundation and
pole at the southern end of the sign in the proposed location would compromise vehicle
sight distance and safety and an unacceptable safety risk by
CDOT.
4) Regarding the requested height variance, CDOT has no objection to any height
variance. Visibility from the road would be increased by raising the existing height
variance and could sign revenue for the owner and or sign
developer. A reminder that airspace above CDOT ROW is off-limits for any portion of
an advertising device.
5) We also note that a large number of the parking spaces now used by the building are
located in existing CDOT ROW and future use of Marearspaces will not be
permitted. MOT does not support the reliance of the owner 0 sign developer on
existing CDOT parting spaces. The property is already below the required parking
requirements for office use if the CDOT spaces a -re not used. The proposed sign will
eliminate more of the property owner's on-site parking spaces.
Board ofAdjustment 16
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
EXHIBIT 5: INTERCHANGE
IMPROVEMENTS
_ry .
Landscaping
installed by
City
`n FB r QIP TC KIP! r,P1 RAMP FROM KI
do i
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Landscaping
installed by
City
Board of Adjustment 17
Case Nos. WA -18-05 & WA -18-06 /Civic Signs, Ltd.
EXHIBIT 6: APPLICANT'S
SUBMITTAL
Refer to attached packet from Civic Signs.
Board ofAdjustment 18
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
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/may not be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of the regulations governing
the City of Wheat Ridge
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -
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 1-70/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/may not be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of the regulations governing
the City of Wheat Ridge
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -
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.
EXHIBIT 6
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
KiplingLand LLC Letter of Support.............................................................................................................24
Drawings.....................................................................................................................................................25
Letterof Authorization...............................................................................................................................26
Easement................................................................................................................................................27-39
2
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Site Photos: 4890 Kipling Street
Civic Signs, 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 State of Colorado 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 State, is located at 4890 Kipling Avenue.
Please see following pages for more details.
4
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
§ 26-711
WHEAT RIDGE CITY CODE
Sec. 26-711. Billboards; specifications and regulations.
A. General provisions.
1. For the purpose of this subsection, the city is divided into two (2) billboard districts, B-1, and B-2,
as shown on the official billboard zoning map of the city and incorporated herein as seen below.
6.1 W 29TH AVE
0-2 FIGURE 26-711.1
Official Billboard Zoning Map
2. Billboard structures are allowed in the city as provided by this section; provided, that any
billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the
right-of-way line of any state or federal highway is additionally approved by the state in writing
and that such written approval is made available to the department of community development.
3. Setbacks shall be as required for a principal structure in the zoning district where located.
4. Roof billboards are not allowed.
5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified
by a professional engineer.
6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing
billboard may be rebuilt or replaced except in conformance to these regulations; and provided,
that when, in the opinion of the building inspector, the safety of an existing billboard is
questionable, the billboard owner shall either remove the billboard within thirty (30) days of
notification or shall furnish a certificate from a Colorado -registered professional engineer with a
specialization in civil, structural or mechanical engineering certifying to its safety.
B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district.
Supp. No. 53 1858
�� �� � � ��
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§ 26-801
WHEAT RIDGE CITY CODE
posting places. The determination and declaration of a vacancy shall be in the city's sole and
absolute discretion. The notice of vacancy shall provide that interested parties must file a
preliminary application with the city within thirty (30) days of the date of notice.
3. The city shall accept preliminary applications from interested parties for thirty (30) days from
the date of the notice of vacancy. Preliminary applications must include, at a minimum, the
following information:
a. A letter of intent from the applicant;
b. The proposed location of the billboard, including either property address or assessor
parcel id; and
C. Written permission of the property owner to locate the billboard, if the property owner is
not the named applicant.
4. The community development director will determine whether preliminary applications are
complete and proposed locations are eligible pursuant to chapter 26 of the code of laws.
5. In the event more than one complete and eligible preliminary application is timely filed, the
city shall select one preliminary application to continue processing by lottery. All potential
applicants in the lottery shall be notified of the time and place that lots shall be drawn and may
attend and observe the process. If the city does not receive any preliminary applications within
the initial thirty (30) day response period, the city shall maintain the notice of vacancy on the
city's website. The notice of vacancy shall be amended to reflect that the initial response period
has lapsed and that preliminary applications will now be accepted and processed by the city in
the order received. If more than one (1) preliminary application is thereafter received by city on
the same date, the lottery process set forth above shall be used to select one (1) application to
continue processing.
6. The sole or selected applicant must file a complete building permit application within one
hundred eighty (180) days of:
a. The date the applicant is selected by lottery, if so selected;
b. The expiration of the initial thirty (30) day response period if the applicant is the only
party that has filed a timely letter of intent; or
C. The date of the applicant's preliminary application if submitted after the initial thirty (30)
day response period;
Provided, however, that the community development director may authorize an extension
of not more than one hundred eighty (180) additional days upon a showing by the
applicant that it is making substantial progress towards filing a complete application, as
determined by the director in his or her sole and absolute discretion.
7. An applicant's failure to meet deadlines or to timely file materials and information necessary
to comply with the permit process, as determined by the community development director in his
or her sole and absolute discretion, shall result in the rejection of his or her application and the
generation of a new notice of vacancy, in accordance with paragraph 2., above.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1610, § 1, 10-10-16)
Secs. 26-712-26-800. Reserved.
Supp. No. 58 1860
ZONING AND DEVELOPMENT
C. B-2 district.
§ 26-801
1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the
B-1 district may be relocated to the B-2 district regardless of the maximum number.
2. Maximum size equals seven hundred fifty (750) square feet.
3. Setbacks shall be as required for a principal structure in the zoning district where located.
4. Maximum height shall be thirty-two (32) feet.
5. Length shall not exceed three and one-half (3112) times the height.
6. No new billboard may be located closer than six hundred (600) feet to any other billboard facing
in the same direction on the same roadway as defined by roadway name or number.
7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof.
D. Processing of billboard vacancies.
An existing billboard will be considered abandoned, creating a billboard vacancy, under the
following circumstances:
a. The owner of the billboard or the property upon which it is located files written notice of
its intent to abandon the billboard with the director of community development. In this
event, the city may begin to process the pending vacancy, as set forth in this subsection d.,
prior to the removal of the billboard. It shall be unlawful for an owner to. fail to remove a
billboard as specified in a notice of intent to abandon filed hereunder. A billboard existing
after the date of its abandonment shall be and is hereby declared a nuisance, as defined by
section 15-4 of this Code, and shall be subject to the abatement and other enforcement
remedies and penalties set forth under article ii of chapter 15 of this Code.
b. A billboard is removed; provided however that a billboard may be temporarily removed
and re -located, under the following conditions:
(1) The owner of the billboard or the property upon which it is located has filed written
notice of its intent to temporarily remove the billboard with the director of
community development, which notice shall include the purpose for the temporary
removal and a projected timeline to re -locate the billboard;
(2) The billboard is proposed to be removed to perform structural upgrades, modifica-
tions or another purpose approved by the community development director;
(3) The billboard will be re -located on the same property in substantially the same
location, as determined by the community development director in his or her sole
discretion;
(4) The time the billboard is removed shall not exceed one hundred eighty (180) days;
(5) The community development director has issued prior written approval of the
temporary removal; and
(6) All required building permits, licenses or other approvals necessary to lawfully
remove the billboard have been obtained prior to removal.
C. Failure to comply with any of the conditions under which temporary removal is permitted
under subparagraph 1.b., above.
Whenever an abandonment or other event results in fewer than the maximum permitted
number of billboards to be located within the city, the city shall declare that a vacancy exists
and publish notice of the vacancy on the city's website and post such notice at the city's official
Supp. No. 58 1859
Below is a summary of some of our billboard regulation research
1. The City only allows billboards in the B-2 zone. This B-2 zone is outlined in Blue.
2. In order to place a billboard on 1-70, the State requires that the property adjacent to the right-of-way to have been acquired by the State of Colorado prior to July 1, 1956 for roadway purposes: The areas not adjacent to the right-of-way are not
permittable under DOT rules and regulations.
3. The DOT also has a 500' minimum spacing requirement between each billboard location. On this map you will see red circles which are 500' in diameter. In the center of each of these circles is an existing billboard, the location of which is
shown with the yellow marker with the black diamond in it. Thus, the areas within these circles are areas where billboards cannot be built on the same side of the roadway.
4. The DOT also requires that any properties upon which a billboard is to be located are currently zoned either commercial or industrial.
5. We have highlighted properties in green, which meet all of the above DOT requirements, i.e. currently zoned either commercial or industrial and which are not otherwise restricted by #s 1-3 above, within the City of Wheat Ridge.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, 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.
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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.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 6
Site Survey
0 0 20 M 60
SCALE: 1'x20'
DATE OF FIELD SURVEY: NOVEMBER, 2017
LEGEND
F-FVCPOE
--*- - UTILOLE
ITY P
46 - GUY POLE
- GUY ANCHOR
- OVERHEAD ELECTRIC LINE
- c - - UNDERGROUND ELECTRIC LINE
11w - - OVERHEAD UTILITY LINES
-OVERHEAD C•AB.E N LINE
ELECM TRANSFORMER
O - ELECTRIC LID
WATER VALVE
® - WATER METER
OW - WATER UD
- WATER LINE
LIGHT STANDARD
�- - SIGN
® - GAS METER
- - - GAS LINE
-0 - TRAFFIC SIGNAL ARM POLE
OT - TRAFFIC UD
CDR - CLEANOUT
- SANITARY SEWER UNE
ss� - TELEPHONE VAULT
�v - CHAIN LINK FENCE
- HANDICAP PARKING SYMBOL
Am - CONTROL PONT
- CONCRETE PAVING
0 - ASPHALT PAVING
- SET0.5 REBAR ANDEPLASTIC CAP
- Pu
SET t' BRASS DISK 'PLS 34579•
COAOR01
PTO NORTHING
POINT TABU1A110N
EASTING
DESCRIPTION
1 1711844.36
3110558,64
SET NUB AND TACK
2 1711489.05
3110888.91
SET HUB AND TACK
3 17115]0.49
4 1711438.20
5 1711738.37
3110545.14
3110804.23
3110650.53
SET HUB ANO TACK
SET CHISEED X
SET CHISELED 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, 8TH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO
Am
H 17,4
T 3 5, R 69 W. 6TH P,Y.
UNUM CAP MARKED 'WSSI
T35S15 2008 PLS 23524"J'24301W (R s M)
67't (R)
6104• (M)
m l COOT PARCEL
REF N A 82074460
NI FOUND 1" CDOT
BRASS PLUG \
I
500'02'00'1 (R k M) rk M) r
24.37' (M)
IL\C1l' 64.81'
I
500'02'007 (R & U),-
)/12.59'
6]�]8'�
12.59-(M)
4890 KPLNG.
78.91' (M)
STREET SIGN
m F
49TH AVENUE
w
W
2' COYOTE
BRICK
18 a
COLUMN
soEWAtx
CURB CUT
V,
u
7. 1 CONTAINS 7582 50. FF 0.174 ACRES, MORE OR LESS. PARCEL 2 CONTAINS SQ. OR 0.291
TRASH
FY•I
SQUARE
BRICK �'. r
IS
NO TOTING /
B' WIDE
BRICK
sB9'5I 301Y (R a M)
6]�]8'�
78.91' (M)
6. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY 2YLSTPA BAKER SURVEYING. INC.
C. TO DETERMINE OM4ERSH
49TH AVENUE
__
WO T PVC
PPES UNDER
051•
soEWAtx
CURB CUT
7. 1 CONTAINS 7582 50. FF 0.174 ACRES, MORE OR LESS. PARCEL 2 CONTAINS SQ. OR 0.291
TRASH
ENCLOSURE
ES. M O MORE
ACRES, MORE OR LESS. ME ENTIRE PROPETY CONTAINS 10,244 SQ. R. OR 0.165 ACA6, MORE OR LESS. .
0. :. ROD
OVERHANC•
obi
1 STEPS
NW -22 '00'WR !
1' WIDE
CONCRETE
70.00' (R A
WALL
2" SQUARE
I
$69.51'.70iY (R
RICK COWMN
122.66' (AI
1 STCRY BRICK
BUIDING
4976 50. FT
CONCRETE
PAN
A
48ADDRE- MG
TAT
STREET
WATERWo
_ 8" WOE
-
cEcec�scsreupe(
ALL THATPORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15. TOWNSHIP 3 SCUIR. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF JEFFERSON,
STATE OF COLORADO.
PARCEL 1
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL CONVEYED BY DEED RECORDED N BOOK 1758,
PACE 307. WHICH IS Wil"W'30"E. A DISTANCE OF 60.0 FEET AND MO22W, A DISTANCE OF 560 FEET FROM THE
SOUTHWEST CORNER OF SAID SECTION 15; THENCE NW51'30'E A DISTANCE OF 127.5 FEET; THENCE NO22'W, A
DISTANCE Of 75.0 FEET TO THE SOUTH UNE OF THAT CERTAIN PARCEL CONVEYED BY DEED RECORDED IN BOOK
1764, PAGE 581; THENCE SBW51'30'W ALONG SAID SOUTH LINE, A DISTANCE OF 127.5 FEET TO A POINT ON THE
EASTERLY UNE OF THAT CERTAIN PARCEL CONVEYED BY DEED RECORDED IN BOOK 1758, PACE 307; THENCE
SO'22E, ALONG SAID FAST LINE, A DISTANCE OF 75.0 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 82074480, COUNTY OF JEFFERSON. STATE OF COLORADO.
PARCEL 2
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL CONVEYED BY DEED RECORDED IN BOOK 1293,
PACE 296, WHICH IS NO22'W, D67ANCE OF 580.0 FEET AND N89'S1'30E, A DISTANCE OF 62.5 FLET FROM THE
SOUTHWEST CORNER OF SND SECTION 15; THENCE S10`34'E ALONG THE EASTERLY UNE OF SAID DEED, A
DISTANCE 112.0 FEET TO A NORTHERLY LINE OF SAID DEP• THENCE NBY51'30'E ALONG SAID NORTHERLY UNE,
A DISTANCE OF 105 FEET; THENCE NOW'W, A DISTANCE OF 110 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN
PARCEL CONVEYED BY DEED RECORDED IN BOOK 709, PAGE 2; THENCE 58Y51'30^W KONG SAO SUIUMERLY LINE
A OISTNIOE OF 125 FEET TO THE PORK OF BEGINNING. COUNTY OF JEFFERSON. STATE OF COLORADO.
PER DEED RECORDED MARCH 28. 2006 AT RECEPTION NO. 2006016655.
1, 6195 OF BEARINGS.- THE WEST LINE OF THE SOUTHWEST WAITER OF SECTION 15. TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE 8TH PRINCIPAL MERIDIAN WAS FOUND TO BEAR NOO12'24-W, BETWEEN THE SOUTH OWRTER CORNER (A
FOUND 3 1/4' BRASS CAP IN RANGE BOX MARKED "CRY OF WHEAT RIDGE LS31212 T3S R69W S16 S15 S21 S22 1984
UNLAWFUL 10 DISTURB SURVEY MONUMENT-) AND THE WEST QUARTER CORNER (A FOUND 3 1/4 ALUMINUM CAP MARKED
1YSSI T3S R89W 1/4 516 515 2006 PLS 235247 BY A GLOBAL POSDKONWG SYSTEM SURVEY PERT ED BY 2YLSTRA
BAKER SURVEYING, INC. IN NOVEMBER. 2017. 114E SURVEY WAS THEN ROTATED 00'34'24• CLOCKWISE TO MATCH THE
BEARINGS IN THE LEGAL DESCRIPTION.
2. COORDINATES SHOWN HEREON WERE DETERMINED BY A GLOBAL PC5RIONING SSTEM SURVEY PERFORMED BY 2YLSTRA
BAKER SUM, INC. IN NOVEMBER, 2017. THE COORDINATES FOR CONTROL PONT I WERE DETERMINED TO BE
1711645.10 IN Tiff IN
AND 3110552.65 IN THE EASTING.
3. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN TNS
SURVEY WTM THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. N NO EVENT, MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN
HEREON.
4. NO GUARANTEE AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THE ATTACHED DRAWING 15 EITHER STATED
OR WPUED UNLESS THS COPY BEARS AN ORIGINAL SIGNATURE OF THE PROFESSIONAL LAND SURVEYOR NAMED HEREON.
5. UNDERGROUND UTILITIES SHOWN HEREON ARE BASED UPON LOCATES AND SURFACE EVIDENCE ONLY, AND MAY NOT BE
N THE EXACT LOCATION SHOWN. ALL UNDERGROUNDUTILITIES MUST BE LOCATED PRIOR TO ANY DIGGING OR EXCAVATING.
CALL UI UUT NOTIFICATION CENTER OF COLORADO AT 1-800-922-1987 OR 811 IN 114E METRO DENVER AREA MR UTILITY
LOCATES.
IBRIC�1(UARE.,
6]�]8'�
6. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY 2YLSTPA BAKER SURVEYING. INC.
C. TO DETERMINE OM4ERSH
A W
__
___
051•
AND/OR EASEMENTS OF RECORD. THIS SURVEY WAS PERFORMED WITHOUT THE BPRPTT OF A TITLE INSURANCE
COMIA MENT AND MAY BE SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY NOT SHOWN.
Y
7. 1 CONTAINS 7582 50. FF 0.174 ACRES, MORE OR LESS. PARCEL 2 CONTAINS SQ. OR 0.291
N00"?Z 00'W (R & M)
ES. M O MORE
ACRES, MORE OR LESS. ME ENTIRE PROPETY CONTAINS 10,244 SQ. R. OR 0.165 ACA6, MORE OR LESS. .
0. :. ROD
OVERHANC•
-
110' (R)
S. THE FACES PROPOSED SIGN SHOWN HEREON ARE BE /I FEET NIGH BY 48 FTFf LONG. THE HEIGHT OF
_
110.15' (M)
THE SIGN WOULD RE 50 FEET IF A VARIANCE IS GRANTED, AND 1.E55 IF A VARIANCE S DENIED.
LD E FEETIF D
TAT
OSED
SIGNP LOCATION
WATERWo
OENNY'S S
-
:.WITHOUT
S VApIANCE
HEIGHT J7.04'
BALI OF
SIOCRALN
I
I
CHISELED + B
ON SIDEWALK --j_
I
I
S CORNER, SEC 15, T 3 S. R 69 W. 6TH P.M.
FOUND 3 1/4' BRASS CAP IN RANGE BOX
MARKED 'CITY OF WHEAT RIDGE L531212 T-
SEW
S16 515 521 S22 1984 UNLAWFUL TO
DISTURB SIARVEY 110M1MENY
(R)
1 05. 17' (M)
NOTE:
- YSPlNLT PARKING LOT '
_ .. ENCROAORE$ WITHIN
' COOT ROPY BOOK 129}�., '
PACE 296
wRVEvoR's cERnEYr�Lnav
I, BRAN LEFETR F A PROFESSIONAL LAND SURVEYOR DULY REGISTERED
N THE STATE OF COLORADO, BASED UPON MY PROFESSIONAL OPINION.
DO HERESY STATE THAT THIS SURVEY WAS PERFORMED UNDER MY
DIRECTION AND SUPERFUSION. SAD SURVEY BEING MADE ON THE
GROUND TO THE NORMAL STANDARD OF CARE OF PROFESSIONAL
LAND
SURVEYORS RRACTICNG IN THE STATE OF COLORADO, THAT TO THE
BEST OF MY KNOWLEDGE I FIND THE INFORMATION CONTNNED HEREON ,
IS CORRECT AND AN ACCURATE REPRESENTATION OF SAID SURVEY.
J '�R
'a 34579
l
BRAN L L.FEBRE
CLERK AND R£COROER'S CERTIF7CAT1 PROFESSIONAL LAN o SURVEYOR
COLORADO NO. M79
ACCEPTED FOR FlUNG IN THE OFFICE OF THE COUNTY CLERK AND
RECORDER OF JEFFERSON
COUNTY AT GOLDEN. COLORADO, TRS DAY OF
20-.
COUNTY CLERK AND RECORDER
7
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Elevated Roadway
The I-70 Freeway is an 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 sign itself is 14 feet high. If a billboard was built with a top height of 32', the lowest part of the display would be set at 18'. Thus, the bottom 7 feet of the
billboard would be below the roadway and completely obstructed by the highway itself. The visual obstruction become significantly more pronounced the further away you move from the property. As an example if you are in the lane furthest away
from the property, the elevated roadway blocks an even greater portion of the sign display. You will be shown those views on the following pages.
170 overpass @ Kipling ; Legend
0
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 8
„
Flag Test
In order to obtain an accurate representation of the views for the billboard displays from both eastbound
and westbound lanes of I-70, we performed a flag test. A flag test is a procedure which allows for a "real
time” view of the sign face in a particular location at a given elevation. To conduct this test a crane is
brought onto the property and a board structure is lifted into the air to simulate the billboard faces at the
specified heights and locations on the property. We performed flag tests at both a 32' height (with and
without the requested setback variance) and at a 50' height (with and without the requested setback
variance) to give the Board of Adjustment a clear set of photos from the roadway and how the billboard
faces would look at each height and setback.
On the next 3 pages are a few pictures of the flag test crane and set up. Survey points for the outside edge
of each billboard face for each setback location were marked in orange paint on the pavement. The panel
used in the test is eight feet wide and 14 feet high.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
10
Civic Signs, 94.57 S University Blvd. #526, Highlands Ranch, CO 80126
11
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.
This the westbound view of the sign at a 32' height, 30' side yard setback.
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.
:� �.r Zt•..,ri �_ia r -:gym._ .,w�..i�r
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.
This the westbound view of the sign at a 50' height with 15' 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.
This the eastbound view of the sign at a 32' height, 30' side yard setback.
CRANE
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 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 the nearly the entire view of
our 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.
v
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'.
This the eastbound view of the sign at a 50' height with 15' side yard setback.
now
17
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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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'.
ee�-re
Aa
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. BTH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO
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19
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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 1-70 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.
1�EEGEND
F-I
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-RIw CVFHEI, maw, INE
- [ - UNDEItCADUNO ELECTHC. UYE
- OX. - - CVERNEAO IlTDItt AYES
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�/R�\J - ELECTRIC TfUN5FORIER
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- SET 1- BPASS 191 'RIS ,145 v'
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20
Civic Signs, 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.
o 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,
r
Kipling Land LLC 1
By
1
i
Thomas C. Helgeson, its Manager;
And By:
Paul L. Casey, its Pknager
24
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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TYPICAL WALKWAY DETAIL WALKWAY MOUNTING DETAIL
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 to grant the aforesaid easement to Civic Signs Ltd.
Sincerely,
Kipling LLC
C
Thomas C. Helgeson, its M nager
And By:l'7
Paul L. Casey, Its Manager r
26
Civic Signs, 9457 S University Blvd. #526, Highlands 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 day of 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, Highlands Ranch, CO 80126
"Affiliate" of a Person means any other Person directly or indirectly controlling, controlled by or
under director 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:
Erect, maintain and operate signs containing one or more static, electronic and/or digital
displays ("Signs") in the Sign Location Area; and
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, Highlands 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.
5. DEFAULT
A default shall be deemed to have occurred with respect to a party 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, Highlands Ranch. CO 80126
Grantee shall have the right from time to time to relocate, in whole or in part, the Sign Location Area,
with the consent of Grantor, as the case may be, 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 any time and from time
to time to remove, replace and place any or all advertising copy, messaging or other written o r
graphic display on the Signs. Upon the termination of the Grant by Grantee, Grantee may
remove, orcause to be removed, the Signs within a reasonable period oftime. 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.
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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, Highlands 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 Day" 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, Highlands 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 party 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:
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, Highlands 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 concerning the 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 under this Grant and cannot be disclosed to any third 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 party 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 by the 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 favor or against either party referenced herein as a result of the
drafting and preparation of the document.
e. No waiver of any breach by any parry 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
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Civic Signs. 9457 S University Blvd. #526, Highlands Ranch, CO 80126
action or requirement provided for herein is to occur on a day other than a Business Day, the time
for such action or requirement shall automatically be extended to the next following Business Day.
m. If any court determines that any of the provisions of this Grant are unreasonable or unenforceable
under applicable law, it is the intention of the Grantor and Grantee that such provisions may be
modified or amended by the court to render them enforceable to the maximum extent permitted by
applicable law.
n. Each party represents and warrants to the other that it has full power and authority to enter into
and perform this Grant and that the person signing below has the full power and authority to act on
behalf of and to bind the entity on behalf of whom he is executing this Grant to the terms hereof.
Grantor further represents and warrants to Grantee that:
1. This Grant is consistent with and not in conflict with any rights of any tenants or
the duties or obligations of Grantor concerning the Premises, Building, Sign Location Area or the
Signs, however arising, and Grantee's rights hereunder; and
2. Grantor has provided Grantee with any and all documents and information,
whether written or oral, concerning any rights, duties or obligations of tenants or Grantor
concerning the Premises, Building, Sign Location Area or the Signs as the same may impact
Grantee's rights or obligations hereunder.
IN WITNESS WHEREOF, the undersigned have signed this Grant as of the date first above written.
Grantor
Kipling La
B
Thomas C. Helgeson, its onager
State of Colora o
County of ikkov
The foregoing instrument was acknowledged before me this (sem day of ' -"=f 2017, by Thomas C.
Helgeson, the manager of Kipling Land LLC, a Colorado limited liability company, on behalf of the Kipling
Lan LLC.
CYNDI LEWIS
(Notary's official signature) NOTARY PUBLIC
11 22 STATE OF COLORADO
- J o ' � 1-1 (Commission Expiration) Notary ID 20054046003
My C" -os, Expires1-1/30/2017
And By:
page 10 of 14
36
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
Paul L. Casey, Its anager
i
State of Color do
County of U>v
E
The foregoing instrument was acknowledged before me this 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.
6(,Q�P (Notary's official signature) CYNDI LEVVIS
NOTARY PUBLIC
(Commission Expiration) STATE OF COLORADO
Notary ID 20054048003
My Comrmssion Expires 11/3012017
Grantee
Civic Signs Ltd.
By:
Robert-MieselR Member
i' fi f. 5't w a✓
State of Col do
County of
The foregoing instrument was acknowledged be
#�amber
Ltd., a Colorado limited
' `(,�gtaFjE's_nfficia
(Commission
�%'� Y I �� � fowluait^
fore me thi da of �L207FA, by f ebert-Mimi,,
liability company, on behalf of the Civic Signs Ltd,
I signature)
FEL17-ABETH A WOLSLEBEN
Expiration)TARY PUBLIC
OF COLORADO
ID 20104015503
N EXPIRES MAY 07, 2022
page 11 of 14
Exhibit A — Premises
LEGAL DESCRIPTIO;;
Ali 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 deed
recorded in Book 1758, Page 307, which is North 69 degrees 51 minutes 30
seconds Bast, a distance of 60.0 feet and North 0 degrees 22 minutes West, a
distance of 560 feet from the Southwest corner of said Section 151 thence
North 89 degrees 51 minutes 30 seconds East a distance of 127.5 feet; thence
North 0 degrees 22 minutes West, a distance of 75.0 feet to the South line of
that certain parcel conveyed by deed recorded in Book 1764, Page 581; thence
South 89 degrees 51 minutes 30 seconds West along said South line, a distance
of 117.5 feet to a point on the Easterly line of that certain parcel conveyed
by deed recorded in Book 1758, Page 307; thence South 0 dogrees 22 minutes
last, along said last 'line, a distance of 75.0 feet to the point of beginning,
EXCEPT the North 5 feet thereof, and IXCEPT that portion conveyed in
instrument recorded October 26, 1982, at Reception Number 82074460, County of
Jefferson, State of Colorado.
PARCEL 2;
Beginning at the Northeast corner of that certain parcel conveyed by deed
recorded in Book 1293, Page 296, which is North 0 degrees 22 minutes West, a
distance of 560.0 feet and North 89 degrees 51 minutes 30 seconds last, 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 feet to a Northerly line of said deed; thence North 89
degrees 51 minutes 30 seconds last, 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 deed 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 cf
Jefferson, State of Colorado.
page 12 of U
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Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
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MUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26-109.13)
March 8, 2018
Dear Property Owner:
This letter is to inform you of Case No. WA -18-05 and WA -18-06, a request 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.
This request is scheduled for a public hearing in the Council Chambers of the Municipal
Complex at 7500 West 29th Avenue. The schedule is as follows:
Board of Adiustment March 22, 2018 A 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. If you have any questions or desire to review any plans, please
contact the Planning Division at 303-235-2846.
Thank you,
City of Wheat Ridge Planning Division
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. If you need inclusion assistance, please call Sara Spaulding, Public Information
Official at 303-235-2877 at least one week in advance of a meeting.
WA1805 and WA1806.doc
Site Map
The aerial image below show the subject property outlined in bright red.
CIRCLE K STORES INC
PROPERTY TAX DEPT DC17 CITY OF WHEAT RIDGE
PO BOX 52085 07500 W 29TH AVE
PHOENIX AZ 85072 WHEAT RIDGE CO 80033
G6 HOSPITALITY PROPERTY LLC HALLEY LESLEY
TAX DEPT TERRA INVESTMENTS
PO BOX 117508 02939 MOONFIRE WAY
CARROLLTON TX 75011 CASTLE ROCK CO 80109
MONTT WHEAT RIDGE LLC STEHLE GARY LEE
07833 CHURCH NECK RD 14040 W 58TH AVE
ST MICHAELS MD 21633 ARVADA CO 80002
DENNYS REALTY INC
DUFF & PHELPS
PO BOX 2629
ADDISON TX 75001
KIPLING LAND LLC
04890 KIPLING ST
WHEAT RIDGE CO 80033
TWIN STAR ENERGY LLC
07671 SHAFFER PKWY
LITTLETON CO 80127
Meredith Reckert
From:
Sent:
To:
Subject:
Meredith:
My comments are as follows:
Kemper - CDOT, Brandi <brandi.kemper@state.co.us>
Friday, March 16, 2018 10:03 AM
Meredith Reckert; Terry - CDOT, Nancy; Benjamin Kiene - CDOT
Re: billboard variances
These comments are in response to the City of Wheatridge request for Comments for a proposed
billboard at 4890 Kipling Street.
All signing visible to Interstate 70 must be in compliance with the State of Colorado Rules
pertaining to Roadside Advertising and cannot be either wholly or partly in state highway ROW.
Please see our RULES GOVERNING OUTDOOR ADVERTISING IN COLORADO 2 CCR 601-3. For full rules
and statutes please see the CDOT website, Library section.
Safety of the traveling public is the Department's #1 concern. This location will require an Outdoor
Advertising permit from the Department and also a permit and/or approval from the local
Jurisdiction before the Department will consider any new roadside advertising devices along a Sate
Highway.
Any questions, please call Brandi Kemper @ 303-757-9938 or brandi.kemper@state.co.us.
Brandi Kemper
Outdoor Advertising Coordinator
Region 1 Traffic Unit
�• COLORADO
Department of Transportation
Transportation Systems
Management 6 Operations
P: 303.757.9938 1 F: 303.757.9886 1 C: 720.541.0441
18500 E. Colfax Ave. Aurora, CO 80011
brandi.kemper@state.co.us I www.coloradodot.info I www.cotrip.org
PeoplVst
cm Tech�olc y
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On Tue, Mar 6, 2018 at 12:53 PM, Meredith Reckert <mreckertna,ci.wheatrid eg co.us> wrote:
The City of Wheat Ridge has received a request to erect a billboard at 4890 Kipling Street. The applicant is
requesting a height variance and a setback variance in order to maximize exposure for travelers on I-70. The
public hearing is scheduled for March 22, 2018 and the packet needs to be prepared by March 16. If you have
comments you'd like to submit, please do so at your earliest convenience.
Meredith
Meredith Reckert, AICP
Senior Planner
7500 W. 291" Avenue
Wheat Ridge. CO 80033
Office Phone: 303-235-2848
FAX: 303-235-2857
www.ci.wheatrid eg co.us
City of
Wheat Rj le
OMMONIIY til VI 10PMI N1
CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If
you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you
received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and
any network to which your computer is connected. Thank you.
City of
Wheat midge
COMMUNITY DEVELOPMENT
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date: March 5, 2018 Response Due: March 14, 2018
The Wheat Ridge Community Development Department has received a request for approval of
two variances for property located at 4890 Kipling Street. The purpose of the variances is to
maximize the exposure of a new billboard to the public travelling on 1-70.
The two requests are as follows:
Case No. WA -18-05: a 15' variance to the required 30' side setback when adjacent to a public
street or right-of-way resulting in a 15' setback, and,
Case No. WA -18- 06: an 18' height variance to exceed the maximum billboard height of 32'
resulting in a 50' high billboard.
The property is located at the northeast corner of Kipling and the 1-70 off -ramps and is roughly
one-half acre in size. An existing, one- story office building with 5000 square feet of area is
located on the property. Access into the property is from West 49' Avenue which abuts the
property on the north side. Parking for the site is located on the west and south sides of the
building. The proposed billboard will be located in the southern portion of the parking lot.
No response from you will constitute having no objections or concerns regarding this proposal.
These cases are scheduled for a public hearing in front of the City of Wheat Ridge Board of
Adjustment at 7 PM on Thursday, March 22, 2018. The public hearing allows persons of
interest to submit written comments and/or appear in public to comment on the proposed
variance applications. The staff report for the cases will be distributed on March 16, 2018.
Please inform the case manager of any concerns about these requests.
Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857
Email: mreckert@ci.wheatridge.co.us
DISTRIBUTION:
CDOT
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Meredith Reckert
From: Meredith Reckert
Sent: Wednesday, May 18, 2016 8:50 AM
To: George (rotolaandcompany@msn.com)
Subject: 4890 Kipling
Hi, George
I went through our building archive files and could find nothing about the southern row of parking on the 4890 Kipling
site. The permit records show the development being approved in 1979 without the extra row of parking. Based on
building size of 4966 sf, 14 parking spaces would have been required. It appears that there are at least 16 spaces just on
the northern lot.
With regard to the need for right-of-way for CDOT interchange reconstruction, you may be able to find info on this
website: https://www.codot.gov/pro*ects/i70kiplingpel
No outdoor storage will not be allowed on the property under the current zoning conditions. I don't think this will be
modified in the future.
Let me know if you have additional questions.
M
Meredith Reckert, AICP
Senior Planner
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Office Phone: 303-235-2848
FAX: 303-235-2857
www.ci.wheatridp,e.co.us
City of
C()MMLJN1-rY Drvflol, r�,
CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are
not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received
this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any
network to which your computer is connected. Thank you.
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Property appraisal system
1 Property
Information
GENERAL INFORMATION
PIN/Schedule: 300109723
Status: Active
Property Address: 04890 KIPLING ST
WHEAT RIDGE CO 80033
Mailing Address: SAME ADDRESS AS PROPERTY
Neighborhood: 520 -
PROPERTY DESCRIPTION
Subdivision Name: -
AIN/Parcel ID: 39-153-00-013
Property Type: Commercial
Owner Name(s)
KIPLING LAND LL
Block Lot Key Section ownshi Ran a Quartersection Land S ft
044 115 3 169 1SW 22015
Total 122015
Assessor Parcel Maps Associated with Schedule
omap39-153.pdf
COMMERCIAL INVENTORY
SALE HISTORY
Interactive Mao
Page 1 of 1
Sale Date
Sale Amount Deed Type
lReception
04-24-1981
392,000 Other
182029752
05-02-2003
675,000 Special Warranty Deed
IF1743058
03-01-2006
0 Quit Claim Deed
12006036655
TAX INFORMATION
2017 Payable 2018
2018
2017 Mill Levy Information
Actual Value
Land
396,270
Imp
85,430
otal
481,700
REGIONAL TRANSPORTATION DIST
Assessed Value
Land
114,918
Imp
24,775
otal
139,693
Treasurer Information
View Mill Levy Detail For Year
2018
2017 Mill Levy Information
Tax District
3196
County
22.4200
School
42.8780
REGIONAL TRANSPORTATION DIST
0.0000
URBAN DRAINAGE&FLOOD CONT DIST
0.5000
URBAN DRAINAGE&FLOOD C SO PLAT
0.0570
VALLEY WATER DIST
0.0000
I-70 KIPLING CORRIDORS 2 UR 20
0.0000
CLEAR CRK VLY WATER & SAN DIST
2.3140
WHEAT RIDGE
1.8300
ARVADA FIRE DIST
14.7230
otal
84.7220
http://ats.jeffco.us/ats/displaygeneral.do?sch=109723 03/01/2018
Property appraisal system
j Propert
1 Informatiyon
GENERAL INFORMATION
PIN/Schedule: 300109723 AIN/Parcel ID: 39-153-00-013
Status: Active Property Type: Commercial
Property Address: 04890 KIPLING ST jOwner Name(s)
WHEAT RIDGE CO 80033 IKIPLING LAND LL
Mailing Address: SAME ADDRESS AS PROPERTY
Neighborhood: 520 -
PROPERTY DESCRIPTION
Subdivision Name: -
Ltj!�j
Section TownshipRan a uarterSection Land S ft
15 3 69 SW 22015
Total 122015
Assessor Parcel Maps Associated with Schedule
pmap39-153.pdf
COMMERCIAL INVENTORY
SALE HISTORY
Interactive Mao
Page 1 of 1
Sale Date
Sale Amount IDeed Tye
Reception
04-24-1981
392,000 10ther
82029752
05-02-2003
675,000 ISpecial Warranty Deed
F1743058
03-01-2006
0 JQuit Claim Deed
2006036655
TAX INFORMATION
2017 Payable 2018
2018
2017 Mill Levy Information
Actual Value
Land
396,270
Imp
85,430
Total
481,700
REGIONAL TRANSPORTATION DIST
Assessed Value
Land
114,918
Imp
24,775
otal
139,693
Treasurer Information
View Mill Levy Detail For Year
2018
2017 Mill Levy Information
Tax District
3196
County
22.4200
School
42.8780
REGIONAL TRANSPORTATION DIST
0.0000
URBAN DRAINAGE&FLOOD CONT DIST
0.5000
URBAN DRAINAGE&FLOOD C SO PLAT
0.0570
ALLEY WATER DIST
0.0000
I-70 KIPLING CORRIDORS 2 UR 20
0.0000
CLEAR CRK VLY WATER & SAN DIST
2.3140
WHEAT RIDGE
1.8300
RVADA FIRE DIST
1 14.7230
Total
1 84.7220
2017
http://ats.jeffco.us/ats/displaygeneral.do?sch=109723 03/01/2018
NOTE: Land use applications must be
> submitted BY APPOINTMENT with a
City of planner. Incomplete applications will not
Wheat Hid e be accepted—refer to submittal checklists
„./-� g
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant Civic Signs, Ltd. Phone (970) 481-8182 Email mike aC ..civicsians.com
Address, City, State, Zip 9457 S. Universitv Blvd. #526, Hiqhlands Ranch, CO 80126
Owner Kiplinq Land, LLC attn: Tom Helgeson Phone (303) 423-1177 Email thelgeson(dtchoc.com
Address, City, State, Zip 4890 Kiplinq Street, Wheat Ridqe, CO 80033
Contact Scott Andel Phone (303) 947-9644 Email scott(cDcivicsicins.com
Address, City, State, Zip 9457 S. Universitv Blvd. #526. Highlands Ranch. CO 80126
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): 4890 Kiplinq Street, Wheat Ridge, CO 80033
Type of action requested (check one or more of the actions listed below which pertain to your request):
O Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type:
O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots)
O Planned Building Group O Site Plan O Minor (4 or 5 lots)
O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots)
O Variance/Waiver (from Section 26-711.C,,) O Right of Way Vacation ® Other: variance from Sec.26-21
Detailed description of request: Requesting a variance related to code Section 26-711.C.4 allowing the height of the
billboard structure raised to 50' from the code limit of 32'. Requesting a variance
related to code Section 26-217.B.6.b allowing for 15' side yard setback from the
code limit of 30'.
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in
filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney
from the owner which approved of this action on his behalf.
Notarized Signature of Applicant
State of Coloxpdo
} ss
County of
The forego ininstrume (La Use ProcessingApplication) was acknowledged by me this day ok�+$LAEit►--
by NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104015503
My commission expires/ /20 i ,MY COMMISSION EXPIRES MAY 7,2018
o ublic
To be filled out bi}7� staff:
Date received o7- OC FS- l�- Fee $ Y26-0-0 Case No. LJ A OS d 04.1 64
Comp Plan Design. Receipt No. C n A b 1$(,2D Quarter Section Map _5Q 1S _
Related Case No. Pre -App Mtg. Date 2 -1- 1S, Case Manager Q e,,kgr4,
Assessor's Parcel No. 3 q• /53-dL)- 613 Current Zoning 4r:e-4-Cern etc:dJ Current Use
Size (acres or sglt) o?Ql6/4 Proposed Zoning Proposed Use
Rev 1122/ 2016
G C w WetQ/e
&&a 13. CrIBB
AW+ APPLICATION RG
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