HomeMy WebLinkAboutOctober 27
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Sara Spaulding, Public Information Official, at 303-235-2877 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
BOARD OF ADJUSTMENT
A G E N D A
October 27, 2022
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on October 27, 2022, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
5. PUBLIC HEARING
A. Case No. WA-22-04: An application filed by Spencer Fane LLP on behalf of United
Advertising Corporation (UAC) for an appeal of an administrative zoning
determination related to the term “billboard” as defined in Section 26-702 of the
Wheat Ridge Code of Laws and a request for an interpretation that would affirm
eligibility of a billboard at 4990 Kipling Street.
6. CLOSE THE PUBLIC HEARING
7. OLD BUSINESS
8. NEW BUSINESS
A. Approval of Minutes – March 10, 2022
9. ADJOURNMENT
Board of Adjustment
Case No. WA-22-05 / UAC Billboard
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment MEETING DATE: October 27, 2022
CASE MANAGER: Lauren Mikulak
CASE NO. & NAME: WA-22-05 / United Advertising Corp (UAC) Billboard
ACTION REQUESTED: Appeal of an administrative zoning determination related to the term
“billboard” as defined in Section 26-702 of the Wheat Ridge Code of Laws and
request for an interpretation that would affirm eligibility of a billboard at 4990
Kipling Street.
LOCATION OF REQUEST: 4990 Kipling Street
APPLICANT: Spencer Fane LLP on behalf of United Advertising Corp (UAC)
PROPERTY OWNER: Carol Peck Living Trust
APPROXIMATE AREA: 2.187 acres
PRESENT ZONING: Commercial-One (C-1)
PRESENT LAND USE: Shopping Center
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Map
KI
P
L
I
N
G
I-70
Page 2
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant, Spencer Fane LLP, has filed an appeal of an administrative zoning determination on
behalf of United Advertising Corporation related to the definition of a billboard in Section 26-702 of
the Wheat Ridge Code of Laws (“Code”). Their request is an interpretation of the Code that would
result in allowing a billboard on property located at 4990 Kipling Street. The applicant’s complete
application package is enclosed in the meeting agenda packet.
Section 26-115.E (Variances/waivers/temporary permits/interpretations) of the Wheat Ridge City Code
empowers the Board of Adjustment (BOA) to hear and decide on requests for interpretation of the
zoning code in such a way as to carry out the intent and purpose of the subject provisions. The
authority of the Board extends to two types of code interpretations:
1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal
or instance.
2. Use of property as an “other similar use.”
In this case the Board is being asked to make the first type of interpretation—to determine the basic
intent and purpose of the term “billboard” as applied to the property at 4990 Kipling Street. Unlike
with variance requests, the Board will not be applying any variance review criteria (such as the
“hardship” standard, for example). Rather, the Board must decide to either uphold or to overturn the
prior written determination of the Community Development Director. If the determination is
overturned, the Board’s code interpretation will apply not only to the subject property but will also
inform future application of the term “billboard” throughout the City of Wheat Ridge. This is further
explained in the case analysis below.
II. CASE ANALYSIS
Background
Chapter 26 of the Code is the Zoning and Development Code, and regulations pertaining to billboards
are entirely contained within Article VII of Chapter 26 (referred to as the “Sign Code”). The definition
of a billboard is within Section 26-702 (definitions) and all other billboard-related regulations are
located within Section 26-712 (Billboards; specifications and regulations) (Exhibit 1, Code Excerpts).
This includes a process for filling billboard vacancies, since only 16 billboards are permitted in the B-2
billboard zone. Recent events surrounding a billboard vacancy and leading to this application are
summarized in this section, and additional history around the legislative intent of the billboard
regulations is provided below.
Earlier this year, in February 2022, staff declared a billboard vacancy and posted such vacancy in legal
notices as required by the Code. Preliminary applications were due on March 18, 2022.
Page 3
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Two applications were received proposing billboards at two different locations (Exhibit 2):
• 11301 W. I-70 Frontage Road North was submitted by Outfront Media, and
• 4990 Kipling was submitted by United Advertising Corp (UAC)—the applicant for this
interpretation request.
Staff determined that 4990 Kipling was not an eligible location, and such written determination was
sent to UAC on March 30. No response was received, and the billboard vacancy was awarded on
April 6 to Outfront Media for the location at 11301 W. I-70 Frontage Road North.
In early September, Spencer Fane on behalf of UAC submitted this appeal and interpretation request.
Currently, the Code does not include any time limit on the BOA’s interpretation authority.
Legislative History
The basis for staff’s most recent interpretation at 4990 Kipling reflects nearly three decades of
legislative intent as it relates to billboards. The City’s current approach to billboard regulation dates to
1991.
At that time, Ordinance 860 comprehensively revised the Sign Code. Prior to the 1991 amendment, the
City was divided into three different billboard zones, each allowing billboards along the interstate and
also along state highways. Each zone had different limitations related to size, height and overall
number. The 1991 ordinance made two important changes: it established only two billboard districts
and it required that billboards in most of the City be amortized (phased out). The Code established:
• Zone B-1 which is most of the City south and east of Interstate-70, and
• Zone B-2 which includes the area north of I-70.
A map of these zones, Figure 26-711.1, appears in the code excerpt in Exhibit 1. The legislative intent
of creating two billboard districts in 1991 was to enable the amortization of all billboards that existed
in the B-1 zone. Billboards in the B-1 zone were required to be removed by January 1, 1996, and this
took place.
Amortization is a significant policy decision that was preceded by numerous study sessions; a
community task force; and engagement of sign companies, industry groups, and business associations.
The purpose and intent statements introducing the Sign Code were revised to highlight the legislative
intent and community goals of the code, including:
“To conserve the character and economic value of buildings and neighborhoods; and
To provide a balance between legitimate identification and advertising needs and the visual
discord which signs sometimes cause, and to provide a sense of balance or proportion between
a sign and the building or property which it serves; and
To encourage the erection of signs which are legible in their surroundings, compatible with the
visual character of the surrounding area, appropriate to the activities identified.”
Compatibility, scale, and economic value all informed staff recommendations at the time. The case file
documents consideration of billboards that were within, versus beyond, 660 feet (1/8 of a mile) of the
interstate. A 1990 staff memo from Glen Gidley, Director of Planning and Development, to the
Page 4
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Planning Commission explains the staff recommendation and legislative intent of limiting the quantity
and location of billboards in Wheat Ridge:
“Billboards largely advertise goods and services sold outside of Wheat Ridge, or if sold inside,
are nationally advertised items such as cigarettes, liquor, etc. Very few serve the needs of the
community. Additionally, some properties which lease to the billboard companies have not
developed for a higher and better use because the owners of the land are not motivated to sell or
develop so long as they continue to receive easy rent. Also, many times adjacent undeveloped,
or underdeveloped properties have not been developed for economic purposes because the
billboards on the adjacent property devalues their land by blocking visibility. This is poor
economic philosophy for the community. I strongly recommend amortizing those billboards in
the B-1 zone district which are not within 660 feet of I-70 and I-76.”
In the final ordinance approved in 1991, the B-2 zone was allowed to retain the 16 billboards that
existed at the time, and the code established that number as the maximum allowed in B-2. The state has
jurisdiction over billboards within 660 feet of the highway, but the code amendment did not establish a
maximum distance allowed between a billboard and the highway. Billboard regulations remained
unchanged from 1991 until 2007 when the definition was updated.
In the meantime, the B-1 billboards were removed, and the City evolved a process for filling billboard
vacancies. In 2005, a billboard vacancy was created, meaning one of the 16 billboards was abandoned
or vacated. At the time, the Code lacked clarity on how to fill a billboard vacancy, so a process was
established by policy. A lawsuit ensued over the process by which the lottery was conducted, but the
courts generally upheld the 2005 policies and procedures, and the City’s determination of the
successful applicant.
In 2007, City Council considered proposed code amendment would have created a framework for
amortizing all billboards in the B-2 district. It would have allowed billboards to stay in place but would
have prohibited reconstruction if a billboard was removed. Ultimately, that change was not approved.
Also in 2007, Ordinance 1396 was adopted to update the definition of a billboard. A maximum
distance between billboards and the interstate, was not established, but the definition was revised to
underscore the inherent relationship between a billboard and the highway. The underlined phrase was
added in 2007, and this is the definition that exists in the code today in Section 26-702:
Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate
highway utilized to advertise a product or service that is not produced or conducted on the
same property as the sign.
Recent Interpretations
While the early 2000s included a variety of code and policy changes related to billboards, the physical
locations of billboards in the B-2 district have actually remained relatively unchanged over the years.
Figure 1 below shows the billboard locations as inventoried in 2007. The attached Exhibit 3 illustrates
the billboard inventories completed over the last 15 years and the locations of billboards relative to the
highway.
Page 5
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Figure 1. 2007 Billboard Inventory
In 2015, Mile High Outdoor Advertising contacted the City contending that the two billboards located
on Ward Road (locations 1 and 2 at the far northwest portion of Figure 1) should not be classified as
billboards. Specifically, Mile High questioned whether the two billboards located at 4800 and 4990
Ward Road complied with the City’s revised definition of “billboard” because they are not oriented to
the interstate highway.
The Community Development Director determined that the billboards in question did not comply with
the revised definition. This was communicated to Mile High Outdoor Advertising and to the two
property owners (Exhibit 4). This decision removed the two signs from the billboard inventory and
dropped the total number of billboards to 14. This resulted in two billboard vacancies within the City,
and two nonconforming signs at the Ward Road locations.
Before filling the two new vacancies, the City refined the policy for processing of billboard vacancies.
This policy was ultimately codified in 2016 by ordinance and includes the lottery process outlined in
Section 26-712 (Exhibit 1). The process includes a public notice, preliminary application, lottery
selection, then building permit submittal. The billboard regulations have remained unchanged since
the lottery process was codified in 2016.
The two vacancies created by the 2015 interpretation resulted in a series of lotteries in 2015, 2017,
2018, 2019 and 2022. One of the vacancies was filled by a new billboard at 6065 W. 48th Avenue (this
is shown in the 2022 inventory in Exhibit 4, the easternmost location on the map.
Page 6
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
The second vacancy has yet to be filled because of several ineligible or withdrawn applications. The
2018 lottery included preliminary applications for 4990 Kipling and 5040 Ward Road; both locations
were determined to be ineligible because they were not oriented to the interstate highway (Exhibit 5).
The letters from the City to the applicants include considerations that supported the determination
including distance and visibility. A third location at 4890 Kipling, immediately adjacent to the
highway, was withdrawn when staff did not support associated height variance requests.
The 2019 lottery included a single applicant with an eligible location, but the proposal was eventually
withdrawn. In 2022, the lottery included two preliminary proposals. The applicant for this case, UAC,
submitted a preliminary application for 4990 Kipling. As was done in 2018, staff determined the
location to be ineligible and again provided such determination (Exhibit 6). Again, the letter includes
considerations that supported the determination including distance and visibility. It is this
determination which is the subject of this case.
Determination
City staff have consistently interpreted the definition of a billboard since it was revised in 2007 and as
it relates to highway orientation. Five times staff have issued similar interpretations:
o 4800 Ward Road in 2015 (Exhibit 4)
o 4990 Ward Road in 2015 (Exhibit 4)
o 4990 Kipling in 2018 (Exhibit 5)
o 5040 Ward Road in 2018 (Exhibit 5)
o 4990 Kipling again in 2022 (Exhibit 6)
Figure 2 below shows the locations of the 15 existing billboards (yellow), the 1 billboard under review
(green), and the locations associated with the 5 ineligible determinations (red) based on the locations
not being “oriented to the interstate highway.” All 16 existing and pending billboards are located
within just a few hundred feet of the outermost lane of the highway.
Figure 2. Billboard Inventory October 2022
Page 7
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
The applicant argues the exact distance of the billboard from the interstate. The survey exhibits they
provide in their application were not included as part of their preliminary determination, but the exact
measurement is moot as there is no maximum distance currently in the Code. Instead, the Community
Development Director has the discretion and the obligation to determine what is considered to be
“oriented to the highway”, and Figure 2 demonstrates that determination has been consistent over the
years when considering proximity to and visibility from the interstate highway as a consideration of
how a billboard is sufficiently “oriented” to said highway to be defined as a “billboard.”
The applicant further argues that the City has been less consistent in how visibility is considered as
part of billboard eligibility. They reference a 2018 variance application (their Exhibit 6) for property
located immediately adjacent to the interstate at 4890 Kipling Street. Given the location of the
property in relation to the highway, it was deemed eligible, from a location standpoint. Staff
recommended denial of both setback and height variances that were sought to allow better visibility of
the billboard. This proposal was withdrawn.
The applicant argues on page 5 of their application, that a billboard at 4990 Kipling Street should be
eligible because it faces the interstate: “The Board should thus conclude that, in interpreting the
definition of “billboard”, a sign need not be visible from the interstate highway, but merely face it and
therefore that because UAC’s proposed billboard indisputible [sic] faces I-70 it is a billboard.”
(emphasis supplied)
Such an interpretation would undermine the City’s legislative intent of billboard regulations over the
years which has been to increasingly remove billboards from surface streets and state highways and to
increasingly orient billboards toward the highway. This is evidenced by the amortizing of billboards in
the B-1 zone in 1991, the revising of the definition in 2007, the reclassifying of signs on Ward Road in
2015, and the consistent eligibility determinations since then.
Staff recommends the Board uphold staff’s interpretation of the definition of a billboard and its
applicability to the property at 4990 Kipling Street.
In considering the potential ramifications of the Board granting the applicant’s appeal, it is important
to note that a code interpretation by the Board of Adjustment is not limited to the single property at
hand but impacts future decisions as well. Such a decision would significantly undermine the historic
legislative intent and future applicability of the City’s billboard regulations if merely facing the
direction of the interstate highway were determined to meet the definition of being “oriented to” the
highway.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes the property at 4990 Kipling Street is not an eligible location for a billboard, based on
the City’s codified definition of a Billboard and the common sense and plain meaning of the phrase
“oriented to.” Staff recommends denial of the appeal for the following reasons:
1. The meaning of “oriented to the interstate highway” necessarily includes reasonable visibility
from the interstate highway.
(continued on next page)
Page 8
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
2. The Director properly concluded that the Applicant’s proposed location, because of its distance
from and lack of visibility from the interstate, does not qualify as a billboard for purposes of
eligibility in the B-2 billboard district.
3. The director’s interpretation of the relevant Code terms is entitled to deference, as the Director
is charged with implementation and interpretation of the Code in the first instance, and the
Director’s interpretation has been consistently and reasonably applied over almost 30 years.
4. The Applicant’s proposed interpretation of the relevant Code terms would defeat the legitimate
legislative purpose of the City Council in requiring that eligible billboards be reasonably visible
from the interstate highway
5. The Applicant’s proposed interpretation of the relevant Code terms would result in eligibility of
billboard locations oriented to streets other than the interstate highway, contrary to the express
legislative intention of the City Council in creating the B-2 billboard district in contrast to the
B-1 District.
Attachments:
1. Resolution Templates
2. Applicant Submittal
Page 9
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Section 26-702. – Definitions
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
[…]
Billboard. Any sign in excess of fifty (50) square feet in size oriented to the interstate highway
utilized to advertise a product or service that is not produced or conducted on the same property as the
sign.
Section 26-712. – 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.
Official Billboard Zoning Map
EXHIBIT 1: Code Excerpts
Page 10
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
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.
C. B-2 district.
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 (3½) 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.
1. 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.
Page 11
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
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,
modifications 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.
2. 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 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-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
Page 12
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
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-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-
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;
Ord. No. 1641 , § 11, 4-23-18)
Page 13
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
EXHIBIT 2: 2022 Billboard Preliminary Applications
Page 14
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
The following map series illustrates the locations of billboards in the City as inventoried periodically over the last 15 years.
2007
EXHIBIT 3: Billboard Inventories
Page 15
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
2010 – Billboard locations are unchanged from 2007.
Page 16
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
2015 – This inventory reflects the determination that the signs on Ward Road are no longer classified as billboards.
Page 17
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 18
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 19
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
2022 – This inventory reflects that Ward Road signs are no longer classified as billboards (shown in red) and adds the newest billboard
which is the easternmost yellow dot at 6065 W. 48th Ave. This inventory was completed just prior to the 2022 lottery process.
Page 20
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
The following three letters reflect the determination that the two signs on Ward Road were no longer
classified as billboards. Correspondence was sent to Mile High Outdoor Advertising who originally
requested the determination to the property owners of the two signs at 4800 and 4990 Ward Road,
respectively.
EXHIBIT 4: 2015 Ward Rd Determination
Page 21
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 22
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 23
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 24
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 25
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 26
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
The following letters were sent to two applicants of the 2018 billboard lottery determining that the
respective locations at 4990 Kipling and 5040 Ward Road were ineligible for billboards.
EXHIBIT 5: 2018 Determination Letters
Page 27
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 28
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 29
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
The following letter was sent to UAC as part of the 2022 lottery determining the location at
4990 Kipling to be ineligible for a billboard.
EXHIBIT 6: 2022 Determination Letter
Page 30
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
Page 31
Board of Adjustment / Case No. WA-22-05 / UAC Billboard
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION TEMPLATE – Denial of Appeal
CASE NO: WA-22-05
APPLICANT NAME: Spencer Fane LLP
TYPE OF REQUEST: This request is an appeal of an administrative zoning determination
related to the term “billboard” as defined in Section 26-702 of the Wheat Ridge Code of Laws
and request for an interpretation that would affirm eligibility of a billboard at 4990 Kipling.
“I move to adopt the following resolution…
WHEREAS, the proposed billboard was denied by an administrative officer; and
WHEREAS, Board of Adjustment Case No. WA-22-05 is an appeal to this Board from the
zoning code interpretation of an administrative officer;
NOW, THEREFORE BE IT RESOLVED that the Board of Adjustment application Case No. WA-22-05
be and hereby is DENIED for the following reasons:
1. The meaning of “oriented to the interstate highway” necessarily includes reasonable
visibility from the interstate highway.
2. The Director properly concluded that the Applicant’s proposed location, because of its
distance from and lack of visibility from the interstate, does not qualify as a billboard for
purposes of eligibility in the B-2 billboard district.
3. The director’s interpretation of the relevant Code terms is entitled to deference, as the
Director is charged with implementation and interpretation of the Code in the first
instance, and the Director’s interpretation has been consistently and reasonably applied
over almost 30 years.
4. The Applicant’s proposed interpretation of the relevant Code terms would defeat the
legitimate legislative purpose of the City Council in requiring that eligible billboards be
reasonably visible from the interstate highway
5. The Applicant’s proposed interpretation of the relevant Code terms would result in
eligibility of billboard locations oriented to streets other than the interstate highway,
contrary to the express legislative intention of the City Council in creating the B-2
billboard district in contrast to the B-1 District.
6. [if the Board has additional reasons]
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION TEMPLATE – Approval of Appeal
CASE NO: WA-22-05
APPLICANT NAME: Spencer Fane LLP
TYPE OF REQUEST: This request is an appeal of an administrative zoning determination
related to the term “billboard” as defined in Section 26-702 of the Wheat Ridge Code of Laws
and request for an interpretation that would affirm eligibility of a billboard at 4990 Kipling.
“I move to adopt the following resolution…
WHEREAS, the proposed billboard was denied by an administrative officer; and
WHEREAS, Board of Adjustment Case No. WA-22-05 is an appeal to this Board from the
zoning code interpretation of an administrative officer; 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,
NOW, THEREFORE BE IT RESOLVED that the Board of Adjustment application Case No. WA-22-05
be and hereby is APPROVED for the following reasons:
1.
2.
3.
4. …
Voting requirements for reference:
Per City Code and BOA Bylaws, the following number of votes are required in order to grant
any variance, waiver, temporary building or use permit, any interpretation, or flood plain special
exception permit or any matter requiring decision by the planning commission or the city
council.
If a resolution or motion fails to receive the required number of votes in favor of the applicant,
the action shall be deemed a denial, and a resolution denying the request shall be entered in the
record.
Members Present Votes Needed to Approve
8 6
7 6
6 5
5 4
All other actions require only a simple majority, including continuance of a case.
SPENCER FANE LLP | 1700 LINCOLN ST SUITE 2000, DENVER, CO 80203-4554 | 303.839.3800 | FAX 303.839.3838 | spencerfane.com
JACOB HOLLARS
DIRECT DIAL: 303-839-3707
jhollars@spencerfane.com
File No. 5113230-0002
September 9, 2022
VIA FEDEX
City of Wheat Ridge Board of Adjustment
7500 W. 29th Ave
Wheat Ridge, CO 80033
Re: United Advertising Corp.: Request for Interpretation of Definition of Billboard
Dear Members of the Board of Adjustment:
This firm represents the United Advertising Corporation (“UAC”) with respect to this matter. UAC would
first like to thank the Board of Adjustment (the “Board”) for considering this request. By this letter, UAC
formally requests, pursuant to section 26-115.E of the Wheat Ridge Code that the Board hold a public
hearing to interpret section 26-702 of the Wheat Ridge Code, particularly the definition of “billboard”. All
applicable materials required by section 26-115.B.2 are enclosed herewith. A review of the City of Wheat
Ridge’s website did not reveal the fees applicable to this request. As such, upon receipt of this package,
please contact me by phone or email (my direct line and email are noted above) to advise of the
applicable fee and UAC will be happy to promptly pay it.S
I. Background
On February 17, 2022, the City of Wheat Ridge (the “City”) posted notices of a declaration of a billboard
vacancy. The notices were posted for thirty (30) days until March 18, 2022. See Memorandum from
Alayna Olivas-Loera to Kenneth Johnstone dated March 29, 2022, enclosed as Exhibit 1. Two
interested parties submitted preliminary applications for the lottery to place a billboard to fill that vacancy.
See id. One of those entities is UAC.
By letter to Mr. Johnstone dated March 17, 2022, UAC submitted a preliminary application for billboard
permit to place a billboard on the real property located at 4990 Kipling Street. See UAC’s Preliminary
Application enclosed as Exhibit 2. 4990 Kipling Street is located in the City’s B-2 district. See id. The
billboard for which UAC applied for a permit would face essentially due south, with a slight angle to the
west, facing I-70. See id. at p. 3; see also Survey dated July 11, 2022, enclosed as Exhibit 3; and
photograph of banner in location of proposed billboard enclosed as Exhibit 4. The proposed billboard
would be erected at the southwest corner of the building currently erected on the real property at 4990
Kipling Street. See Exhibit 2 at p. 3; see also Exhibit 4.
By letter dated March 30, 2022, the City denied UAC’s preliminary application, asserting that UAC’s
billboard did not meet the City’s definition of “billboard”. In particular, the City claimed that, despite the
fact that the proposed billboard would indisputably have faced I-70, it would not be “oriented to the
interstate highway” for the following reasons:
1. The “property is over 900’ north of the westbound travel lanes of I-70.”
September 9, 2022
Page 2
DN 7070961.1
2. “There are numerous buildings and mature trees located along both sides of Kipling Street,
which obscure views from I-70.”
3. “There is significant grade change between the travel lanes of I-70 and the location where the
billboard would be erected which interferes with a clear view of the property from I-70.”
4. “We interpret the requirement for being ‘oriented to the interstate highway’ to include in its
meaning that it needs to be clearly visible from said highway facility and its users.”
See Correspondence dated March 30, 2022, enclosed as Exhibit 5.
Contrary to what the City claimed in its March 30, 2022, denial letter, neither the property nor the
proposed billboard is “over 900’ north of the westbound travel lanes of I-70.” In fact, the proposed
billboard is, at most, 799’ from the northern edge of the westbound travel lanes of I-70 and 839’ from the
southern edge of those lanes. See Exhibit 3 at p. 2. At its closest, the proposed billboard is 793’ from
the nearest westbound travel lane of I-70. See id. at p. 4. Moreover, the proposed billboard is 870’ from
the northern edge of I-70’s eastbound lanes and 910’ from the southern edge of those lanes. See id. at
p. 3.
Also contradicting the City’s denial letter, the proposed billboard would not be obscured or otherwise
behind obstacles interfering with a “clear view…from I-70.” UAC recently obtained photographs of a
temporary banner hung at the orientation and height at which the proposed billboard would be
constructed. See Exhibit 4. Those photographs were taken from I-70 and it is readily apparent from the
photographs the billboard can be easily seen from I-70 and that there are no substantial obstacles
obscuring or interfering with a view of it. See id.
Also of note, in 2018, the City accepted an application for a billboard during a prior vacancy to be placed
at 4890 Kipling Street—just one block south of the billboard UAC proposed here. See Information related
to application for 4890 Kipling Street Billboard enclosed as Exhibit 6. To “maximize visibility from I-70”,
the applicant for that billboard permit requested a height variance of 18’ above the 32’ maximum height,
for a total height of 50’. See id at p. 15. Although the variance request was ultimately denied, the City
did not deem the billboard proposed there to fail to meet the definition of “billboard” despite the
challenges the City later concluded existed with respect to visibility of the proposed billboard from I-70.
See id. at pp. 13-21.
II. Relevant Code Provision
Section 26-702 of the Wheat Ridge Code defines billboard as:
Any sign in excess of fifty (50) square feet in size oriented to the interstate highway
utilized to advertise a product or service that is not produced or conducted on the same
property as the sign.
III. Argument
September 9, 2022
Page 3
DN 7070961.1
Under section 26-115.E, the Board may “hold public hearings to decide upon requests for interpretation
of certain of the provisions of this chapter [26] in such a way as to carry out their intent and purpose.”
This power extends only to, among other things, the “basic intent and purpose of words, phrases or
paragraphs as applied to a specific proposal or instance.” See Section 26-115.E.1.
UAC requests that the Board interpret the City’s definition of “billboard”, particularly the phrase “oriented
to the interstate highway” as applied to the billboard it proposed in March of 2022. UAC specifically
requests that the Board adopt an interpretation of “oriented to the interstate highway” that adheres to the
plain dictionary definition of “oriented” such that visibility from the interstate highway is not required.
Alternatively, to the extent the Board interprets that phrase to require visibility, the Board apply that
definition to UAC’s proposed billboard and find that the proposed billboard is indeed visible from I-70 and
thus “oriented to” I-70 and therefore a “billboard”.
A. “Oriented to the interstate highway” does not require that a sign be visible from the
interstate highway to be a billboard.
Here, it is undisputed that UAC’s proposed billboard is in excess of 50 square feet in size. It is further
undisputed that UAC’s proposed billboard is in zone B-2. Finally, it is undisputed that UAC’s proposed
billboard faces I-70. So, the only issue for the Board to decide as to whether UAC’s proposed billboard
qualifies as a “billboard” under the Wheat Ridge Code is whether it is “oriented” to I-70.
The word “oriented” is not specifically defined in the Wheat Ridge Code and UAC’s research revealed no
relevant case law offering guidance as to the word’s meaning. Absent specific definition in the Code and
without case law guidance, the Board should turn to the dictionary to ascertain the meaning of “oriented”.
See Mendoza v. Pioneer Gen. Ins. Co., 365 P.3d 371, 376 (Colo. App. 2014) (“As an initial matter, when
the legislature defines a term in a statute, the definition governs…However, where, as here, the statute
does not define a term, the word at issue is a term of common usage, and people of ordinary intelligence
need not guess at its meaning, we may refer to dictionary definitions in determining the plain and ordinary
meaning of the word.”).
Here, when referencing the dictionary definition of “oriented”, it is apparent that visibility is not required for
an object to be “oriented” to another. For instance, Merriam-Webster defines the transitive verb “orient”
to mean to “set or arrange in any determinate position especially in relation to the points of the compass.”
See Orient, merriam-webster.com, available at https://www.merriam-
webster.com/dictionary/orient?utm_campaign=sd&utm_medium=serp&utm_source=jsonld. Similarly, the
Cambridge Dictionary defines “orient” as “to aim something at someone or something…” See Orient,
dictionary.cambridge.org, available at https://dictionary.cambridge.org/us/dictionary/english/orient. The
Oxford English Dictionary likewise defines “orient” as “to direct somebody/something towards
something…” See Orient, oxfordlearninersdictionaries.com, available at
https://www.oxfordlearnersdictionaries.com/us/definition/english/orient_1?q=oriented. And as
vocabulary.com explains:
To be oriented is to be positioned in a direction relative to something or someplace else,
and it’s often used with the propositions “toward” or “away from.” See Oriented,
vocabulary.com, available at https://www.vocabulary.com/dictionary/oriented.
September 9, 2022
Page 4
DN 7070961.1
Finally, per Wiktionary, the transitive verb form of “orient” means to “direct towards or point at a particular
direction.” See Orient, Wiktionary.org, available at https://en.wiktionary.org/wiki/orient#Verb.
The common thread throughout all of these dictionary definitions of “orient” is that one thing merely be
facing or otherwise pointing at another object. None of the definitions require that one object be visible
from another to be “oriented” at it. Indeed, the word visible and all of its synonyms are absent from each
of these definitions above. Simply put, one object need only be facing another to be oriented at it,
regardless of visibility.
So, here, by any ordinary definition, UAC’s proposed billboard need not have been visible from I-70,
either clearly or with any sort of obstructed view, to be considered “oriented to” I-70.
Further, the Code makes clear that “oriented” does not require visibility. For instance, in defining
“exemption permit”, section 9-41 of the Code states that it is any “symbol…for purposes of notification
from the no burn regulations herein, which may include signs, placards, decals or other appropriate
symbols easily visible from the street side of the property upon which it is installed or placed.”
(emphasis added).
Quite notably, this definition, like the definition of billboard, references signs. But, unlike the definition of
billboard, the definition of “exemption permit” requires that a sign be “easily visible” from a road. Thus,
the drafters of the Code knew how to use the word “visible” when intending that a sign be visible from a
roadway to meet a particular definition. So, the very fact that the drafters of the Code chose not to use
“visible from the interstate highway” and instead chose to use “oriented to the interstate highway” is
telling—those drafters plainly did not intend that, to be a billboard, a sign be visible from the interstate
highway and intended only that it be directed to or facing it, just as UAC’s billboard is. See Mendoza,
365 P.3d at 374 (“We consider statutes as a whole in order to effectuate legislative intent, and we give
consistent, harmonious, and sensible effect to all the statute’s parts…Statutes should not be read in
isolation but together with all other statutes relating to the same subject or having the same general
purpose, to the end that a statute’s intent may be ascertained and absurd consequences avoided.”); see
also Scoggins v. Unigard Ins. Co., 869 P.2d 202, 205 (Colo. 1994) (“We will not judicially legislate by
reading the statute to accomplish something the plain language does not suggest, warrant or mandate.”);
and Resolution Trust Corp. v. Heiserman, 989 P.2d 1049, 1054 (Colo. 1995) (“…it may be presumed that
the General Assembly meant what it clearly said.”). In other words, had the drafters of the Code intended
that, to be a billboard, a sign be “visible from the interstate highway”, it knew how to say so and thus
would have; that it chose not to must mean that a sign need not be visible from the interstate highway to
be a billboard. See id.
And perhaps most telling is that the City, just 4 years ago, dispensed with any notion of visibility from I-70
for a sign to qualify as a “billboard”. See Exhibit 6. Indeed, in 2018, the City accepted a billboard permit
just one block south from UAC’s proposed billboard here despite the fact that it would have required a
height variance to 50’ to be visible from I-70. In other words, this requirement of “visibility” does not
appear to be one that the City requires is actually contained within the definition of “billboard”.
Similarly, an approved billboard exists just north of I-70 at Harlan St. However, as can be seen from the
Google Street View images enclosed as Exhibit 7, that billboard does not face I-70 and cannot be seen
from I-70 as it sits below grade of I-70 and sound barrier walls block its view. So, like with the billboard
September 9, 2022
Page 5
DN 7070961.1
accepted at 4890 Kipling in 2018, the City also did not impose any requirement of “visibility” when
determining whether to allow a billboard at I-70 and Harlan St.
The Board should thus conclude that, in interpreting the definition of “billboard”, a sign need not be visible
from the interstate highway, but merely face it and therefore that because UAC’s proposed billboard
indisputable faces I-70 it is a billboard.
B. Even if visibility is required by the definition of “billboard”, UAC’s billboard
indisputably is visible from I-70.
Alternatively, even if the Board interprets the definition of “billboard” to require visibility from the interstate
highway and not mere orientation to it, it should, in applying that definition to UAC’s proposed billboard,
conclude that it is visible from I-70 and thus a billboard. UAC previously placed a temporary banner of
the size, shape, height, and orientation of its proposed billboard and photographed it from I-70. See
Exhibit 4. As can be seen in the photographs, the proposed billboard can readily be seen from I-70.
Thus, even were the Board to approve a definition of “billboard” that requires that a sign be visible from
the interstate highway to be a “billboard”, it should, in applying that definition, conclude that UAC’s
proposed billboard meets it.
IV. Conclusion
For the above reasons, the Board should interpret and apply the Code’s definition of “billboard” such that
the billboard UAC proposed on March 17, 2022, is deemed a “billboard”. First, as it pertains to being
“oriented to the interstate highway”, that phrase plainly means simply facing or pointing at the interstate
highway. UAC’s proposed billboard indisputably is so facing or pointing and thus is “oriented to” I-70 and
a “billboard” under the Code. Second, even were that definition to include a requirement of visibility from
the interstate highway, when applied to UAC’s proposed billboard, that billboard is visible from I-70 and
thus a “billboard”.
Best regards,
Jacob Hollars
Enclosures
Memorandum
TO: Kenneth Johnstone, Director of Community Development
FROM: Alayna Olivas-Loera, Planner I
DATE: March 29, 2022
SUBJECT: March 2022 Billboard Vacancy
The purpose of this memo is to document the review process associated with the March 2022
billboard vacancy in the City of Wheat Ridge.
Pursuant to Section 26-712 of the City of Wheat Ridge Zoning and Development Code:
•The City declared that a vacancy existed and published notice of the vacancy on the
City’s website and at the city’s official posting places on February 17, 2022. The notice
was posted for thirty (30) days until March 18, 2022.
•The City received two preliminary applications (attached) from interested parties.
•Upon receipt the Community Development Director shall determine that applications are
complete and that proposed locations are eligible for billboards.
•City code prescribes that a preliminary application 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.
•Both submitted preliminary applications were complete and included all of the minimum
required information (refer to Attachments 1 and 2). In summary:
o Outfront submitted a preliminary application on March 16, 2022 and proposed a
new billboard at 11301 W. I-70 Frontage Road North.
o United Advertising Corporation submitted a preliminary application on March 18,
2022 and proposed a new billboard at 4990 Kipling Street.
•Regarding eligibility of proposed sites:
o 11301 W. I-70 Frontage Road North was determined to be an eligible location,
meeting the definition of a billboard and being located within the B-2 zone.
o 4990 Kipling Street was determined to be an ineligible location because it is not
found to be oriented to the highway and therefore does not meet the definition of
a billboard. Such determination was made previously in December 2018 for a
billboard application at the same site (see determination letter); this determination
was made again and communicated by letter.
Exhibit 1
Attachments:
1.Preliminary Application from Outfront
2.Preliminary Application from United Advertising Corporation
3.Eligibility Determination, December 2018
4.Eligibility Determination, March 2022
Exhibit 1
Attachment 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Attachment 2
Exhibit 1
Exhibit 1
Exhibit 1
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
303.235.2857
www.ci.wheatridge.co.us
December 11, 2018
Brett Miller
498 W. Iliff Avenue
Denver, CO 80223
Re: Preliminary billboard application
Dear Mr. Miller:
On October 9, 2018, a billboard vacancy was advertised by the City of Wheat Ridge with a deadline
for submittal of preliminary applications on November 7, 2018. Three preliminary applications were
submitted in response to the advertisement.
Once the application period closes, the Community Development Director is tasked with determining
whether the preliminary applications are complete and proposed locations are eligible to contain a
billboard.
The City’s definition of “billboard” is as follows: “Any sign in excess of fifty (50) square feet in size
oriented to the interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.”
Representing the property owner, you submitted a preliminary billboard application for property
located at 4990 Kipling Street. I have reviewed your application, visited the location, and have
determined that while the property is in the B-2 district, it does not meet the requirement of being
“oriented to the interstate highway”. This determination was made in consideration of the following:
•The property is over 900’ north of the westbound travel lanes of I-70.
•There are numerous mature trees located along both sides of Kipling Street, which
obscure views from I-70.
•There is a significant grade change between the travel lanes of I-70 and the location
where the billboard would be erected which interferes with a clear view of the property
from I-70.
Absent evidence to the contrary, your application for 4990 Kipling is considered ineligible for a
billboard.
Please do not hesitate to contact me at 303-235-2844 should you have any additional questions.
Respectfully,
Kenneth Johnstone, AICP
Director of Community Development
Attachment 3
Exhibit 1
2
c: CAROL PECK LIVING TRUST
4990 Kipling Street
Wheat Ridge, CO 80033
Exhibit 1
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
www.ci.wheatridge.co.us
March 30, 2022
Mark W. Giordano, President
United Advertising Corporation
11 Sunrise Drive
Cherry Hills Village, CO 80113-4107
LETTER SENT VIA E-MAIL ONLY (mark@uacworldwide.com)
Re: Application for Billboard Permit
Dear Mr. Giordano:
On February 17, 2022, a billboard vacancy was advertised by the City of Wheat Ridge with a deadline
for submittal of preliminary applications of March 18, 2022. Two preliminary applications were
submitted in response to the advertisement.
Once the application period closes, the Community Development Director is tasked with determining
whether the preliminary applications are complete and proposed locations are eligible to contain a
billboard.
The City’s definition of “billboard” is as follows: “Any sign in excess of fifty (50) square feet in size
oriented to the interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.”
Representing the property owner, you submitted a preliminary billboard application for property
located at 4990 Kipling Street. I have reviewed your application, visited the location, and have
determined that while the property is in the B-2 district, it does not meet the requirement of being
“oriented to the interstate highway”. This determination was made in consideration of the following:
•The property is over 900’ north of the westbound travel lanes of I-70.
•There are numerous buildings and mature trees located along both sides of Kipling
Street, which obscure views from I-70.
•There is a significant grade change between the travel lanes of I-70 and the location
where the billboard would be erected which interferes with a clear view of the property
from I-70.
•We interpret the requirement for being “oriented to the interstate highway” to include in
its meaning that it needs to be clearly visible from said highway facility and its users.
It is important to make you aware that this same interpretation was reached for this same address
during a vacancy and preliminary application process in 2018. Your application for 4990 Kipling is
considered ineligible for a billboard.
Please contact me at 303-235-2844 or by e-mail at kjohnstone@ci.wheatridge.co.us should you have
any additional questions.
Attachment 4
Exhibit 1
2
Respectfully,
Kenneth Johnstone, AICP
Director of Community Development
Exhibit 1
Attachment 2
Exhibit 2
Exhibit 2
Exhibit 2
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
303.235.2857
www.ci.wheatridge.co.us
December 11, 2018
Brett Miller
498 W. Iliff Avenue
Denver, CO 80223
Re: Preliminary billboard application
Dear Mr. Miller:
On October 9, 2018, a billboard vacancy was advertised by the City of Wheat Ridge with a deadline
for submittal of preliminary applications on November 7, 2018. Three preliminary applications were
submitted in response to the advertisement.
Once the application period closes, the Community Development Director is tasked with determining
whether the preliminary applications are complete and proposed locations are eligible to contain a
billboard.
The City’s definition of “billboard” is as follows: “Any sign in excess of fifty (50) square feet in size
oriented to the interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.”
Representing the property owner, you submitted a preliminary billboard application for property
located at 4990 Kipling Street. I have reviewed your application, visited the location, and have
determined that while the property is in the B-2 district, it does not meet the requirement of being
“oriented to the interstate highway”. This determination was made in consideration of the following:
•The property is over 900’ north of the westbound travel lanes of I-70.
•There are numerous mature trees located along both sides of Kipling Street, which
obscure views from I-70.
•There is a significant grade change between the travel lanes of I-70 and the location
where the billboard would be erected which interferes with a clear view of the property
from I-70.
Absent evidence to the contrary, your application for 4990 Kipling is considered ineligible for a
billboard.
Please do not hesitate to contact me at 303-235-2844 should you have any additional questions.
Respectfully,
Kenneth Johnstone, AICP
Director of Community Development
Attachment 3
Exhibit 2
2
c: CAROL PECK LIVING TRUST
4990 Kipling Street
Wheat Ridge, CO 80033
Exhibit 2
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
www.ci.wheatridge.co.us
March 30, 2022
Mark W. Giordano, President
United Advertising Corporation
11 Sunrise Drive
Cherry Hills Village, CO 80113-4107
LETTER SENT VIA E-MAIL ONLY (mark@uacworldwide.com)
Re: Application for Billboard Permit
Dear Mr. Giordano:
On February 17, 2022, a billboard vacancy was advertised by the City of Wheat Ridge with a deadline
for submittal of preliminary applications of March 18, 2022. Two preliminary applications were
submitted in response to the advertisement.
Once the application period closes, the Community Development Director is tasked with determining
whether the preliminary applications are complete and proposed locations are eligible to contain a
billboard.
The City’s definition of “billboard” is as follows: “Any sign in excess of fifty (50) square feet in size
oriented to the interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.”
Representing the property owner, you submitted a preliminary billboard application for property
located at 4990 Kipling Street. I have reviewed your application, visited the location, and have
determined that while the property is in the B-2 district, it does not meet the requirement of being
“oriented to the interstate highway”. This determination was made in consideration of the following:
•The property is over 900’ north of the westbound travel lanes of I-70.
•There are numerous buildings and mature trees located along both sides of Kipling
Street, which obscure views from I-70.
•There is a significant grade change between the travel lanes of I-70 and the location
where the billboard would be erected which interferes with a clear view of the property
from I-70.
•We interpret the requirement for being “oriented to the interstate highway” to include in
its meaning that it needs to be clearly visible from said highway facility and its users.
It is important to make you aware that this same interpretation was reached for this same address
during a vacancy and preliminary application process in 2018. Your application for 4990 Kipling is
considered ineligible for a billboard.
Please contact me at 303-235-2844 or by e-mail at kjohnstone@ci.wheatridge.co.us should you have
any additional questions.
Attachment 4
Exhibit 2
BILLBOARD SETBACK EXHIBIT EXHIBIT A (1 OF 4) LOCATION
T3S/515/R69W
PROPOSED BILLBOARD
50'
58.44'
wo
58.06'
>0%--
LOT 1
REPLAT OF LOT 1
KIPLIN-G 5000 BUISINESS
PARK REPLAT OF LOT 1
SECOND FILING
EDGE OF BUILDING
50 25 o 50
SCALE IN FEET SCALE: 1"=50'
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
email: contact@KingSurveyors.com
PROJECT NO: 20220331 DATE: 7/11/2022
CLIENT:GIORDANO
DWG: 20220331-EXH
DRAWN: Sex[pbtigeKED: PG
BILLBOARD SETBACK EXHIBIT EXHIBIT A (2 OF 4) LOCATION
T3S/S15/R69W
C12.110.11--•
KIPLING STREET
_„„„_
1
PROPOSED BILLBOARD
LOT 1
REPLAT OF LOT 1
KIPLING 5000 BU1SINESS
PARK REPLAT OF LOT 1
SECOND FILING
or EDGE OF BUILDING .....
F—'
0 .tc., ,..„ ,. 1 ,._. , ,zco w
50 25 0 50 tiN cf 8 Li., 0 c..0 0)e tin k SCALE IN FEET 0) /... SCALE: 1"-50' w 14.t o 0
...41 8 0, r., 03
o-----j3---D--D—III—g—a—a—'2--4-----12-----11---- --%%wm— —%mck— —mm.— —......
— WB I-70
,.._ ,.._ ,. ..._ ..._ . w „.._ ..._ —\1 ._ 112121.—
A n n —MM%— —RRR— —cnnw-- Wc —NR‘R— —WSW—
— EB 1-70 _
.0._ ..._ ..._ .0._ ..._ ..._ ,,.._ c"-----e,_
. 4 t
--:\ r 40 4 KING SURVEYORS PROJECT NO:20220331 DATE: 7/11/2022 650 E. Garden Drive I Windsor, Colorado 80550 CLIENT:GIORDANO phone: (970) 686-5011 I fax: (970) 686-5821 DWG: 20220331 —EXH email: contact@KingSurveyors.com DRAWN: Sltfx[cblgqKED: PG
BILLBOARD SETBACK EXHIBIT EXHIBIT A (3 OF 4 LOCATION
T3S/515/R69W
LL1L
tf3
PROPOSED BILLBOARD
LOT 1
REPLAT OF LOT 1
KIPLING 5000 BUISINESS
PARK REPLAT OF LOT 1
SECOND FILING
-EDGE OF BUILDING
50 25 0 50
I-0) 4.1 Ce Lu •cr 0 4.1 a Z — Cr I--
SCALE IN FEET Cr CO
Lig SCALE: 1"-50' CD Z LI Lei 0 2 Er
—‘‘R.1/4"1/4— —CCRSA—
-He o N. co
Lr IX rn P a z Li w —RRR— —RRR——RWR—
-H LtiC1 WB 1-70
—111=11.—
—RCM— —WRR— —RRR—
EB 1-70
_\11nbit-
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-50111 fax: (970) 686-5821
email: contact@KingSurveyors.com
PROJECT NO: 20220331 DATE: 7/11/2022
CLIENT: GIORDANO
DWG: 20220331—EXH
DRAWN: agAggKED: PG
BILLBOARD SETBACK EXHIBIT EXHIBIT A (4 OF 4) LOCATION
T35/515/R69W
50 25 0
PROPOSED BILLBOARD
44
mk'M
50
SCALE IN FEET SCALE: 1"=50'
—4=M- —SEeeelel—
WB 1-70
—VMS—
LOT 1
REPLAT OF LOT 1
KIPLING 5000 BUISINESS
PARK REPLAT OF LOT 1
SECOND FILING
EDGE OF BUILDING
es
A111— _Nt‘1111— _111111— —111111— —111111— —111111— —111111-
-WNW— —sMCW— —4=M—
EB 1-70
= = = = = = = = = = = = =
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-50111 fax: (970) 686-5821
email: contact@KingSurveyors.com
PROJECT NO: 20220331 DATE: 7/11/2022
CLIENT:GIORDANO
DWG: 20220331 —EX H
DRAWN: agAggKED: PG
'14 ena
:40 140.4 M1.04
'ON MY' L.S
VG4 I'MAr
303-421-2161 xorn
_ - t
I i
-4-10.-!- •
.1
I
• 4. *. I
1
.1 . 4Sgifitt -
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
www.ci.wheatridge.co.us
March 30, 2022
Mark W. Giordano, President
United Advertising Corporation
11 Sunrise Drive
Cherry Hills Village, CO 80113-4107
LETTER SENT VIA E-MAIL ONLY (mark@uacworldwide.com)
Re: Application for Billboard Permit
Dear Mr. Giordano:
On February 17, 2022, a billboard vacancy was advertised by the City of Wheat Ridge with a deadline
for submittal of preliminary applications of March 18, 2022. Two preliminary applications were
submitted in response to the advertisement.
Once the application period closes, the Community Development Director is tasked with determining
whether the preliminary applications are complete and proposed locations are eligible to contain a
billboard.
The City’s definition of “billboard” is as follows: “Any sign in excess of fifty (50) square feet in size
oriented to the interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.”
Representing the property owner, you submitted a preliminary billboard application for property
located at 4990 Kipling Street. I have reviewed your application, visited the location, and have
determined that while the property is in the B-2 district, it does not meet the requirement of being
“oriented to the interstate highway”. This determination was made in consideration of the following:
• The property is over 900’ north of the westbound travel lanes of I-70.
• There are numerous buildings and mature trees located along both sides of Kipling
Street, which obscure views from I-70.
• There is a significant grade change between the travel lanes of I-70 and the location
where the billboard would be erected which interferes with a clear view of the property
from I-70.
• We interpret the requirement for being “oriented to the interstate highway” to include in
its meaning that it needs to be clearly visible from said highway facility and its users.
It is important to make you aware that this same interpretation was reached for this same address
during a vacancy and preliminary application process in 2018. Your application for 4990 Kipling is
considered ineligible for a billboard.
Please contact me at 303-235-2844 or by e-mail at kjohnstone@ci.wheatridge.co.us should you have
any additional questions. Exhibit 5
2
Respectfully,
Kenneth Johnstone, AICP
Director of Community Development
Exhibit 5
o CITY OF WHEAT RIDGE e,\ OFFICE OF THE CITY CLERK O 7500 W. 29th Avenue
Wheat Ridge, CO 80033 “ARevet (303) 235-2823 or (303) 235-2816
Public Information Request
Please fist specifically what documents you want reproduced and in what form. Allow three (3)
working days for a search of the records. Per the State of Colorado Open Records Act (C.R.S. 24-
72-203), if the request is substantially large, an extension of seven (7) working clays is permitted. You
will be notified prior to the three (3) days of any extension and all estimated costs.
Requester Name: cet kL4
Mailing Address:
109 5 -)-(
E-Mall Address:
r • I V't .
Detailed description of records requested:
Date:
Phone:
Hr—a- it tric_.1..xle_ miaow , /• /( dn) cl(Jrr-,Ád_ pe,tch„3 beca-ci t 6e-
p 1›,; 2etz. tr-vrefskeeLtxe r- alty Ye2"rt2.e1ea'f
`jh Y ä cre- ((.‘..21,(e./pertrilfai712.• corrre-rc,:al7,,.(Lir-;3( 46%-- b;(ikArds A4. 7. 4e.r4
..Th,C-.."4,Zr: 1441.4:1 nic'S F
Fee Schedule:
Copies First 10 pages free, then $.25 each
Certified Copies
Research & Retrieval
Information Transfer to Computer media
Council meeting video or other DVD
Budget book or other large publication
Postage & Packaging for mailing
$2.00 each
After first hour, $25.00 per hour or
portion thereof in 15-minute
increments
A page is defined as one side of one page up to a paper size of 8.5" X 14"
$30.00 each
$30.00 each
Varies
Varies
Date request completed: _,U1
Approved:
If denied, provide reason(s):
May also include Research & Retrieval fees
Videos are maintained only 6 months after the meeting minutes are act )roved
Charge Is based on City's cost to t-roduce the publication
Actual cost will be assessed
For Internal Office Use: Gi
v/c/-L-;‘,_) Denied:
Amount prepaid: $ _
Balance due before release:
Total Amount paid:
City Clerk
Exhibit 6
I. City of WheatiQdge COMMUNITY DEVELOPMENT
/2)
City of Wheat Ridge Municipal Building 7500W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
August 10,2018
Brett Kelley
4095 Cody Street
Wheat Ridge, CO 80033
Attached are the following documents per your Public Information Request:
• Application for billboard lottery from Mile High Outdoor Advertising dated May 5, 2017
• Application for billboard lottery from Civic Signs Ltd. dated May 19, 2017
• Pre -application meeting summary with Civic Signs Ltd. dated February 1, 2018
• Board of Adjustment staff report dated March 22, 2018 for a side setback and a height variance requested by Civic Signs, Ltd., dated March 22, 2018
• Letter from the City of Wheat Ridge dated March 30, 2018 extending the billboard application deadline for Civic Signs, Ltd. until August 6, 2018
• Letter from the City of Wheat Ridge dated April 6, 2018 to Civic Signs, Ltd. regarding denial of Case Nos. WA- I 8-05 and WA -18-06 including minutes from the March 22, 2018, Board of Adjustment meeting.
If you need anything else, please let me know.
Meredith Reckert
Exhibit 6
1
.1/
May 19, 2017
Mr. Kenneth Johnstone
Community Development Director
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
RE: Billboard Preliminary Application Letter of Intent
Dear Mr. Johnstone,
CIVIC
Civic Signs
Ltd.
9457 S. University Blvd.. Suite #526
Highlands Ranch, CO 80126
wv.•w.civicsigns.ccun
I am pleased to submit this letter of intent as part of the enclosed billboard preliminary application for the
declared vacancy as described in Ordinance No. 1610 on behalf of Civic Signs, Ltd., a Colorado limited
liability company.
The potential site for this application is located at 4890 Kipling Street, Wheat Ridge, CO 80033 or the
northeast corner of Kipling Street and Interstate 70. The Jefferson County AIN/Parcel ID associated with the potential site is 39-153-00-013. Please see the attached Exhibit A - Premises. The proposed sign
location will conform to existing Wheat Ridge setback requirements in accordance with the current
zoning regulations. Please see the attached Exhibit B — Sign Location. Also included with this
submission is a document prepared by Civic Signs with commentary on the billboard regulations related
specifically to the proposed sign site at 4890 Kipling Street. Please see the attached Exhibit C.
The last item included is the written permission from Kipling Land LLC signed by its managers Mr.
Thomas C. Hclgeson and Mr. Paul L. Casey as part of this application. Kipling Land LLC is the sole owner of the above described property (Jefferson County AN/Parcel 39-153-00-013) and the undersigned
possess the full right and power to grant the attached billboard easement to Civic Signs Ltd. Please see the attached Exhibit D.
If you have any questions or need clarification on any of the documents included in our submission,
please feel free to contact me at your earliest convenience. My contact information is below.
Sincerely,
Kent Saunders
Civic Signs Ltd.
9457 S. University Blvd. #526
Highlands Ranch. CO 80126
kent@civicsigns.com
Cell: 817-291-9753
Exhibit 6
: 01 umius
I :1 TR. A
JEFFCO: 2083-421 CI ! r tigHFATRIOGE 78089042 JEFFERSON. COUNTY 1784-581
1
• it:1‘.;1 !g 1 co
405.03' 2014100180N
742-237
PREMISES
ST. HWY.
1293-296
DENNY'S ADDITI
MINOR SUB. E
CioD
Exhibit 6
Exhibit 13
Coin bi ned
lrCLE i`a'
Boundary
Exhibit 6
Exhibit C
COMMENTS ON BILLBOARD REGULATIONS FOR THE CIVIC SIGNS SITE (See Blue Text)
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.
1141E-111111fifti ill
willim=111111111111111110111 111151S1=0:1111411111111 111111:11111111
11 t 111 11171
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.
Before development, a request for required approvals will be made to the State for the site, and approvals received will be made available to the department of community development.
3. Setbacks shall be as required for a principal structure in the zoning district where located.
Setbacks requirements will be met for the site.
4. Roof billboards are not allowed.
This site will not be a Roof billboard.
5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer.
Exhibit 6
The new billboard will satisfy this requirement.
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.
This will be a new billboard location. Once constructed, the billboard will be maintained according
to these rules.
B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district.
The site is not in the B-1 district.
C. B-2 district.
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.
The billboard shall satisfy size requirements.
3. Setbacks shall be as required for a principal structure in the zoning district where located.
Billboard will fulfill setback requirements.
4. Maximum height shall be thirty-two (32) feet.
Billboard will fall height requirements.
5. Length shall not exceed three and one-half (3%) times the height.
Billboard will fulfill length requirements.
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.
Billboard will satisfy spacing requirements.
7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof.
Not Applicable
Exhibit 6
Exhibit D
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 U.0 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
Thomas C. Helgeson, its M nager
And By:
Paul L Casey, its Manag&
Exhibit 6
- if(
4 City of
Wheat 1". COMMUNITY DEVELOPMENT
PRE -APPLICATION MEETING SUMMARY
Meeting Date: February I, 2018
Applicant: Scott Andel, Civic Signs
Bob Micsalc, Civic Signs
Attending Staff: Lauren Mikulak, Planning Manager
Zack Wallace Mendez, Planner II
Scott Cutler, Planning Technician
Specific Site Location: 4890 Kipling Street
Existing Zoning: Restricted Commercial (R-C)
Existing Comp. Plan: Mixed -Use Commercial
Existing Site Conditions:
The site is located at the southeast corner of W. 49`h Avenue and Kipling Street, just north of Interstate
70. The site is currently home to a one story office building that contains a law office. There is a small
parking lot to the south of the building, about half of which lies in CDOT right-of-way. The property
is zoned Restricted Commercial (RC). 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.
Applicant/Owner Preliminary Proposal:
The applicant was awarded 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, 15 feet north of the southern property line, which would
put it at the edge of a row of parking. They have also proposed a 48 -foot tall billboard in order to be visible from the highway. The applicant was aware that both requests require variances. They have noted that the property owner has already executed a lease agreement and wishes to proceed as quickly
as possible in order to begin construction soon.
Will a neighborhood meeting need to be held prior to application submittal?
Neighborhood meetipgs are not required for variance applications.
Planning comments: The following items were discussed based on the applicant's proposal:
1
Exhibit 6
Zoning & Use
The zoning on the property is Restricted Commercial (RC). The required side setback in the RC zone
where adjacent to a public street is 30 feet; this includes the CDOT right-of-way for 1-70. Therefore,
the applicant's desire for a 15 -foot side setback is a 50% variance request.
The current height limit for billboards in the City of Wheat Ridge is 32 feet, as mandated in Section
26-711.C.4 of the City Code. The Wheat Ridge City Council discussed billboard standards and the
vacancy process in 2016 and reconfirmed there was no desire to modify billboard standards, including
height limitations. The applicant's request for a 48 -foot billboard is a 16 -foot (50%) variance. The
maximum request could be 50 feet, which is the maximum height for structures in the R-C zone.
Staff is required to analyze the variance request using the criteria outlined in Section 26-115.C.4 of the
City Code. Each variance request is evaluated on its own merit, and it is the applicant's responsibility
to demonstrate that a physical hardship and unique condition exists and justifies the variance. Staff can
only support a variance request that meets a majority of the criteria.
Staff has not completed an analysis of the requests using the variance criteria, but provided
preliminary comments on each of the seven criteria relevant to the requests, and indicated that it is
unlikely that either variance request can be supported. The final review will be based on the
applicant's submittal. For any variance that is not approved or approvable by staff, an applicant may apply for the variance(s) to be heard before the Board of Adjustment at a public hearing. This process is described further below.
Billboard Review Status
City code limits the number of billboards in Wheat Ridge to 16, and Section 26-711.D of the City Code establishes the procedure for processing billboard vacancies. In early 2017, the City confirmed a vacancy. Below is a summary timeline of completed and upcoming milestones in the review of this billboard pursuant to City Code:
• April 24, 2017 — A billboard vacancy was advertised by the City of Wheat Ridge (Section 26-711.D.2). • May 24, 2017 — Published deadline for filing a preliminary application with the City, which allowed 30 days for submittal (Section 26-711.D.3). Two applications were received.
• May to October — City reviewed preliminary applications to confirm they were complete and locations were eligible (Section 26-711.D.4). • October 10, 2017 — City selected, by lottery, one preliminary application to continue processing (Section 26-711.D.5).
• April 8, 2018 — Applicant has 180 days from the date of the lottery selection to file a complete building permit application (Section 26-711.D.6). In this case, a complete application would need to include a variance approval if the building permit submittal reflects a variance request.
• October 10,2018 — Applicant may demonstrate they are making substantial progress toward filing a complete application and may request an extension of no more than 180 days, which may be granted at the discretion of the Community Development Director. (Section 26-711.D.6)
Required Fees
The fee for a variance which requires a public hearing is $420.
Exhibit 6
Building permits are subject to plan review fees and use tax.
Building Division comments:
New construction will require building permits, and the issuance of a Certificate of Occupancy upon
completion of the project, and only after passing all of the required inspections.
The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014
Edition of the National Electric Code. The City uses the ANSI 117.1-2009 Standard in determining
requirements related to accessibility.
Public Works comments:
Public Works was not present at the meeting and will not have comments.
Review Process
This request will require two variances.
A formal application must be submitted by appointment with a planner, and will not be accepted if
incomplete. Upon submittal, a case manager will be assigned to handle the application, and will be the
applicant's point of contact at the City for the duration of the site plan review process.
The case manager will review the application, and once all submittal requirements are met, the case
manager will prepare a staff report detailing the variance request and a staff analysis of the request using the review criteria. The applicant's written narrative and responses to the criteria will also be included in the staff report.
If the variance request is for a deviation of 50% or less from the development standard, the staff report will be reviewed by the Community Development Director, who will make a decision of approval, approval with conditions, or denial of the request Although the applicant 's request is at the 50% threshold for administrative review, Staff informed the applicant that the request likely cannot be
supported at an administrative level. A recommendation of denial of the request at an administrative level allows the case be held at the Board of Adjustment. In this case, the Board of Adjustment will make a decision of approval, approval with conditions, or denial of the request. The Board is the final decision -making authority on variance cases. A supennajority vote is required to approve an application.
The Board of Adjustment hearing has public noticing requirements. Staff will send a letter to property owners within 300 feet of the subject property notifying them of the request and public hearing. A sign will also be posted on the property for 15 days.
The next available Board of Adjustment hearing is March 22, 2018, which requires an application be
submitted by February 28, 2018.
If a variance request is approved, the applicant has 180 days to obtain a building permit or the variance approval will automatically expire.
Attachments: Variance Application Checklist
3 Exhibit 6
Note: Please be aware that the above comments are for general information purposes only. Staff
cannot predict the outcome of any land use development application. A favorable response from
staff does not obligate any decision -making body (Community Development Director, Public
Works Director, Board of Adjustment, Planning Commission and/or City Council) to a desired
outcome. Staff will provide the best advice available given existing regulations, current policy,
political climate and information submitted.
Phone Numbers
Meredith Reckert — Senior Planner 303-235-2848
Lauren Milculak — Planning Manager 303-235-2845
Zack Wallace Mendez — Planner II 303-235-2852
Scott Cutler — Planning Technician 303-235-2849 Dave Brossman — Development Review Engineer 303-235-2864
Mark Westberg — Projects Supervisor 303-235-2863 Steve Art — Economic Development Manager 303-235-2806
4
Exhibit 6
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Board of Adjustment
Meredith Reckert
WA-18-05 and WA -I 8-06/Civic Signs, Ltd.
MEETING DATE: March 22, 2018
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
Case Nos. WA -I8-05 & WA -I8-06 /Civic Signs, Ltd.
Exhibit 6
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' maxim=
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. 49th 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 49th Avenue on the north, Kipling Street on the west and the 1-70 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 49th 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. 49" Avenue, and a Shell/Circle K is located across Kipling Street to the west. (Exhibit 2, Zoning map)
Board of Adjustment
Case Nos. WA -18-05 & WA -I 8-06 / Civic Signs, Ltd.
Exhibit e
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 1-70. 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 policymalcers 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 of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit 6 3
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)
• er,gsrutvort
Street
VOTES: . varasuel tag. Nada. Pares.. "acre. 04., avid Orr. we Carry CA prod 64.• • rral 4104641 to env envie esscataka or*, • Arrita 40.• am ire wean re Mae ce • raaptia het ei drip 1.4004 broom ta tscktonbied
bAre OrArs pant • Adakd rift•ofver odis mina,. WV riculre, iv 'law. es. ecutttia, a./ r acencikr•
Preferred Alternative for a Diverging Diamond Design at the Kipling/I-70 Interchange
Board of Adjustment
Case Nos. WA -18-05 & WA- I 8-06 / Civic Signs, Ltd. Exhibit
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
Commercial
Corridor
KipIii
vridor
Excerpt from Envision Wheat Ridge - Structure Plan
Mixed Use
Commercial
Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit 6 5
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. 48th 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 1-70 Frontage Road
North.
The City's zoning code does allow business/commercial signage up to 50 feet in height near
1-70; 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
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit 6
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 1-70 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 1-70. 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
Exhibit 6 Board of Adjustment 7 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 1-70.
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 1-70 and the adjacent properties are present in the surrounding area
Sound walls along 1-70 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 Manua
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 1-70 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 1-70/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.
Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit
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 1-70/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 of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit 6 9
EXHIBIT 1: AERIAL PHOTO
Board of Adjzistment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Lid. Exhibit6
7_o_r n OFF RAMFITO KIPUNG,F.
EXHIBIT 2: ZONING MAP
Site
170 EU&
4911-1 AVE
CDOT r-o -w
170 CB ON RAMP T-KIRTh
Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit 6 11
EXHIBIT 3: SITE PHOTOS
View of property
from north side of
W. 49th Avenue
View of property
from the property
to the east with I-
70 in the
background
Board of Adjustment
Case Nos, WA -18-05 & WA -18-06 / Civic Signs, Lid.
ExhibitB
View of property's
parking lot on
south side of the
building
View of south side
of the building
Board olAdjustment
Case Nos. WA -18-05 & WA -18-06/ Civic Signs, Ltd.
Exhibit 6 13
View of property
from west side of
Kipling
View of City -
installed
landscaping and
signage at the
southwest corner
of the Kipling/I-70
interchange
Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit ft
EXHIBIT 4: CDOT LETTER
COLORADO
Depute:lent of l'raresporlation
--r.,
To: Meredith EV= City of Wheal Ridge Community Development
From: Nancy Terry, Region 1 ROW Manager
Date: March 15, 2018
Re: Request for two variances on property located at 4890 IQpling
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- 09; 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. Attila asked for comments and concerns about The variance request and proposed location of a billboard on that site.
The property yaraaitleafftadas a total acquisition for construction of the interchange improvements at 1-70 andlQpling 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 tuzatikao as the billboard site and the building will remain with possible !parking and circulation impacts. The westbound exit ramp sAillebilt across the property, as planned, when the project commences in 2019-2020.
1) CDOT objects to any variance to the standard side yard setback o130 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 tomcluclect 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 signimjarateg is will encroach over the exisOng 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. COOT has no say on this decision. To allow a 50' sign the city win be permitting a 5' encroachment over the existing building. Will this decision also permit COOT to move the sign in the future and possibly encroach further over the existing building or over a new structure?
Exhibit 6
2) If Wheat Ridge ch es to grant a variance along the eastern border, a 10' to 15' side
variance from the eastern border adjacent to nenny,ss would be acceptable to
COOT.
3)
amachaggiftieztrawn, 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 wojig„ges,ansillgul an unacceptable safety dsk by COOT.
4) Regarding the requested height variance, COOT has no objection to any height
variance. Visibility from the road would be increased by raising the existing height variance and could watgalizeglaglig sign revenue for the owner and or sign developer. A reminder that airspace above COOT 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 COOT ROW and future use of gaiarealspaces will not be permitted. CDOT does not support the reliance of the owner / sign developer on existing COOT parking spaces. The property is already below the required parking requirements for office use if the COOT spaces are not used. The proposed sign will eliminate more of the property owner's on -site parking spaces.
Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibiti§
1702E41E3 OFF RAMP
EXHIBIT 5: INTERCHANGE
IMPROVEMENTS
Landscaping
installed by
City
70.FB,OFF RAMPTO KIPLING.ST
rilliwilow _
oit2
Landscaping
and sign
installed by
City
NTAGE RC
tpLyo.; STA
Landscaping
installed by
City
Board of Adjustment
Case Nos. WA -18-05 & WA -18-06 / Civic Signs, Ltd.
Exhibit 6 17
EXHIBIT 6: APPLICANT'S
SUBMITTAL
Refer to attached packet from Civic Signs.
Board of Adjustment
Case Nos. WA -I8-05 & WA -18-O6 / Civic Signs, Ltd. Exhibit*
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 I-70/Kipling interchange reconstruction project.
5. CDOT objects to the variance.
Exhibit 6
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:
I. 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
EXHIBIT 6 February 28, 2018
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033-8001
To Whom It May Concern:
CIVIC
Civic Signs
Ltd.
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 1-70 roadway. The current height limit for a billboard in this location under the Code is 32 feet.
Due to the elevated nature of 1-70, 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 1-70. 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 1-70 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 5 LIni‘..visity Blvd. #52n, Ilighlainds Ranch, CO 80126 Exhibit 6
Table of Contents
Site Photos 3
Billboard Sign Regulations 4-6
Site Survey 7
Elevated Roadway 8
Flag Test 9-11
Roadway View Pictures 12-17
Other Signs in the Area 18
Building Roof 19
Side Yard Setback 20
City Benefits 21
Variance Criteria 22-23
Kipling Land LLC Letter of Support 24
Drawings 25
Letter of Authorization 26
Easement 27-39
Civic Signs, 9457 S Unikersity lilvd. #526, Highlands Ranch, CO 80126 2 Exhibit 6
Site Photos: 4890 Kipling Street
Civic Signs, 9457 S University Blvd_ #526, Highlands Ranch, CO RO1 26 Exhibit 6
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 1-70 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.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 Exhibit 6
Flag Test
In order to obtain an accurate representation of the views for the billboard displays from both eastbound
and westbound lanes of 1-70, 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 Universiiy Blvd. #526, Highlands Ranch, CO 80126 9 Exhibit 6
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 Exhibit 6
Civic Signs, 947 S University Blvd. 4526, Highlands Ranch, CO 80126 11 Exhibit 6
Roadway View Pictures
Westbound on 1-70 View: These photos show the view from a car approaching the Kipling exit, on
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.
Civic Signs, 9457 S University Blvd. *526, Highlands Ranch, CO 80126 12 Exhibit 6
Westbound on 1-70 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.
Civic Signs. 9457 S University Blvd. #526, Highlands Ranch. CO 80126 Exhia 6
Westbound 1-70 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.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 4 Exhibit 6
Eastbound on 1-70 View: These photos show the views from a car approaching the Kipling exit on 1-
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.
Civic Signs. 9457 S University Blvd. #526, highlands Ranch, CO 80126 15 Exhibit 6
Eastbound on 1-70 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.
CRANE 14 x 8' PANEL.
(Approx. Location)
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 16 Exhibit 6
Eastbound on 1-70 View: These photos show the views from a car approaching the Kipling exit on 1-
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.
14 x 8. PANEL
(Approx. Location)
SIGN
(Approx.)
Civic Signs. 9457 S University Blvd. #526, Highlands Ranch, CO 80126
16 Exhibit 6
Eastbound 1-70 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.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 17 Exhibit 6
Other Signs in Area
There are several signs within sight of 4890 Kipling and 1-70 Interchange, which are 50' tall. The
Motel 6, Natural Grocers and Shell signs are all 50' tall and within a block from 4890 Kipling.
; Sign Heights in Area
0'.
Civic Signs, 9457 S University Blvd. #526, highlands Ranch, CO 80126 Exhibit 6 18
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 arc 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 arc not otherwise restricted by #s 1-3 above, within the City of Wheat Ridge.
Civic Signs. 9457 S University Blvd. 4526. Highlands RAnch. CO 80126
Exhibit 6
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 1-70. However, since the Wheat Ridge zoning map is dated in 1972, it does not meet the DOT requirements that the correct zoning had to be established prior to 1970. i. Prior to Wheat Ridge's zoning map of 1972, Jefferson County had zoning jurisdiction. We researched zoning records with Jefferson County for the areas shown in green on the map above. According to our research, we could only find one available property with County documentation proving commercial or industrial zoning prior to 1970. That property is 4890 Kipling Street (see green arrow in the map below). The red arrows show existing billboards within the City B-2 district that were primarily grandfathered before updated City and DOT billboard regulations were put into place.
As you can see from these pages, the City and State regulations severely restrict the properties available for the installation of billboards within the City's 8-2 billboard zone. According to our research. 4890 Kipling is the only property available to Civic Signs for billboard use along 1-70.
Civic Signs, 9457 S University Dlvd. 1,525. Highlands Ranch CO 80126
Exhibit 6
Site Survey
1,6:ps• •
Wolin 1,1,
WI • 1•10.***••••••• sy•
(.11:047
6 - arr
-- - - Maar MEOW ur
. - troxioro MP. LAO
- or - 0.01•00 van, Lap
••• - - 01PHOO *
wan. ....•••=3.
0
pp.
• - Or.
CE) • 11.001 LO
- sop Pa
414. 0•• - Law MOM
• -
• - Or rt.
- • - Ow PP
-0 - smpre Pa; NO Pal
0 - rove p
00•13,0
*Man trom
1.9 - ELP•74 •••••
pa. Um alati
6 . *PP, Mina PIP
ACJ Miro. .0•1
-
- OPPoli Parc
ac )411.
- ',ma ent Nan i•nr
DriE2-eatiC.B225021
13-= z gra:
Civic Sips, 9457 S University Blvd. 4526. ilighlends }tench. CO 80126
IMPROVEMENT SURVEY
WITH PROPOSED SIGN AT LOCATION mniour VARIANCE 4890 KIPLING STREET
A PART OF TUB 51E 1/4 SEC1TON 15. T 3 3, it 60 W. OM P.M. Orr or AT RIDGE. SERER:MI COUNTY. STATE CIT COLORADO
ocrrcraric rE
3*".•lop r4 AZ ••
am Rom it.../••••
• P7.0.0 COS *01 Out
-Fcinvy_mag.A.:
&VIM
I
I--ogi•-,?,
,9
awn •
AO *OM .44
irjer CL 1 fj.: P. PA
1111. fro 1.4'121 1:32 "D"' pump mop.,
Sairm7Crir a
OLP' PO 49TH AVENUE
•CD
Iva svc UCO.
AwArcolr •
7ozo. r• • it
5337.331•10 r. lc mar M
awarara tea It
U, f4T- -
Nair 5/0
meat • PC= LO
vv:r_v_is, • ar
14:21-1261:61MY
•L KAMM Cr la .1.3r Wrap . •IMMTT CUM= 0, Mt COA.13= Mr*,00., Wu, WO • Ur Cr •ft MCP* MP* =Y. CI
P.Pial I
1051.00 • . rafftraci 0INC. M mo can. P.m Cc.= IV re 40m ma re. AA •••• 0 1.1,10, • 0SOKI Cr MA VW 4•0 lIrMa. gm.% ••• 11. 1030•00%,0:001.7 1.1•SVICTC A MOMS CP .11: nr0 •d3CE V&A
I.Aza 41.3 Sfte irm !AU= Cr TA 7.10,4,=
irtn.446.1 LCIA.rtla 4 Or.. Or MA LOS i....=144:=CMJIZOAT. • 1.:004. •
ATOM. so= WWI Ot.r, Or Am000.4 W. Or ...Ca
MA= I
ntOrlan ciratill MOO CO MO OM. Wan etaaato • its SLOOP 11C0. lO12. ral tia M. •717IL =P. CP Milo Otts ••10 **PM A WPM CP MU WM I. 10*K. 0:001 CV WO RSA Of POP. PIrri sellit I OWEllsi UM CA tar OM A OCR. MP Fa/ rti • Ita•Car 4114 0, PO WOO 1..i =neat Apr tao cam.. um. • ...•••• Cr al MCA M.2 •rxr.. • sm. ..0 Kr• .0 PIC 10nOtr cr Pr/ OPor 0.416110r DOM =WM • OtOr ragz„mrlal tarinP1* 400 APO 100.00 • tam. Or ,I1 ral ro Ft. m Or ADAM. cm/ or m•orroo
Pm 001) 40.30 rep Oh nos 0 12337.31 tom.=
trnil amp cr wpm= Oa tar UN CO I. ...WV Craral ar att. **or 3 17,11, NOR * ▪ cr vp, PP. graCPAA 1.010•0 mc. Mal ID Ma amt.% IMOD la SCUM OMELA atA0 Mr Mae OP al AMR sr *Ma Cr MOT Ica Won ti• re* 113 P, T. Pp.• wpm.* Ay coma Maar 1.4.4) NG la OW 0.1T Otra. top0 3 IN SW.. pp Man lom CO 13. I /I 11111 VI MI RI 3.2-041 IV • P.M IPIPS4 IMP LIPP POICARD mint icae.prz• pc IN PPIP•OL DP. OAF PR norm's= crs•Ve 0.033. 10 KM Mr
croppir• rpr maro..1•74 OCOMPED ir ppm. Purrs* Pposacw0.rW !tclkirrAT,4.....Pro.=•...Pra COLIMA ••••
3010S AX0O.0 CCM.. m• Ars 0.43. MI LEO. 101.1 POY ippr ra pp.**. N104 ru Mal Cramp Wu. clACS r M• PM. •Marti. • Els/ Al MI DJ./ 031.40. •••• nolo ar,r 1••• . log Or MI ttanDOR•
• we...* PCP* ACM 3COM AO SC* PM r0 am* 0.0.1 CEP. AV .• P.,. MCI MOM. sam. roCOMMAO Mann IE UGC. raft Mr DOMO al Mat., W.V.. morn,. con" Cr CUOMO • i-rotomeD.Ma ar 0.1 • AT WM tEMOr met ••• won
▪ Nal OW 001:1 .CT MGM. • Val 1:0001 r CLAIMC. ID 0111INK oda..
=TA.... att. MA PAPP .1 •••••,.. 'AMA Mr ANT m • nu ..j.co my IN mare n me •0•01-0r-per PCP Katt
I'. Matt V <MCCAW TAO Fa M. In DM Sal NW Or 4Crl WEL I COP.. 1100 OD oAm astA Kat CR Mil VS PM MVP, CO.. 30.••• at et 0.44 40[2. Wet OR IAD
Mr MU cr wore. so. spor• coCCA 1001. m mr, tract ocea. Mt V. 4011141 IA an • • warn 0 40•00. WM • • OMR • COM.
COWS /7"Ari
ortv-mo, rrwrIrsurci Tr, ,rn,p: • imom,q,pmu metwar•04 Arm orotrO.
a.r. s92x Oce IV., fa pOp Ae• MID SLI•il •••••• •OX
nr4=1 MCIPM Datite. 141 • saaatiar I nO mamma Ols011. 11.04 • M.. 1•0 •• coal. Srat3CaMOU WO R.,
girt NC P1/007t/rUrOPPrer
ept,C0 PM. r Inc orst fr =an CLOW MO Wan. .0.0cer
qr.+ •1 40204 =Mei •
oi.om MOM ,r0 KW.*
L *POW *CPOPPla •PrIc• =Pea, 3.00
I •00 *Ppm ,
OPP. • PP
YLSTRA
AKER P. Ioa la ft SM.
UM/EYING. • 6,6.6,
Exhibit 6
Elevated Roadway
The 1-70 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. Ifs 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.
Civic Signs, 9457 S University Blvd. *526. Highlands Ranch, CO 80126 8
Exhibit 6
V/
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'.
1.;
•••
• ...Pa
•-•-.
- •
.1•••• aerni• imr
..•••••••• gi•mor .••
0.1•••0 AWN. Isar
•III• &we
umor •••••
0 .0M Lel
•16 &M.N.
- 1•11.• •Irw•
Nli•••• ••••
CM21 •••••• D•••
MEM
Civic Signs. 9457 S University Blvd. #526. Highlands Ranch, CO $0126
IMPROVEMENT SURVEY WITH PROPOSED SIGN AT LOCATION WITHOUT VARIANCE 4890 laPLING STREET 4497, unmanw,..t.klicacm taz.4.4.414/ cemouo
j.„••••••••
...VW, • if 1
arra AVENUE 7
idP\
he.g4P(5,'•:‘1":'; AV/L.-,!°,4**•;,•rj
••ii .
• , -•
141•149441k;ISjw2peastrIA.0-047:41"i ive:•11111F k":Cif:-!.pL
(;:r
41A 411?7,21:..4e PP.
414 .4 • et 112 49. , • 14‘11441;TV
.ad•
im=n
=T.
•
1100.• Mr OKA..
=.:.-t.s.rstt'U • •.••••773....14:EN-WIr
sem... 'to *a .1••••••/ ••••• ..Fer :741.Z7ZZ ,C5 L.7 1 ";: •Al'';•;:d916.33' 4A7.1
ACZCI
M bri "Z. Trfr...a.V. • 4. 7.47.7"
F.:••• •41."...••
:7784 •=1.20:: •.•
.1•ENMIL.E.1.23156••• ":"
•"=". ;
%MATRA l• •••••• •••••••••1 6:7 . •
Exhibit 6
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.
Oen i• .1.0 •••••01.
1•2,C
- 10.8. 01U A . •• Pei
niri•
- •••-• - 800.00 01.018
- 00810•011.1•20 ye-
- - •••••0 inn
-• - • ••••00 l•
• -
ID • osrme
• • ••• a - •00
- • ••••
* W-0 ••••••
- • - - a -
.•••C Inns me •01
• -
innir Int
••
• • ...mcm were won
at, - masa roe
= • troorat ewe - 4-- •••
6/12101,P,S,MULMI
▪ rsseeess ISel• wpm.
rg•rit *Totang igrire iFiE5 r
Civic Sips. 9457 S Univcisity Blvd. 4526. Highl an& Ranch, CO 50126
IMPROVEMENT SURVEY Irma PROPOSED SIGN AT LOCATION WITH VARIANCE 1890 KIPLING STREET
A PAW OYTMX SW I/4 00C7N0lC 10.T 7 S. X 00 W. ITS P.R. CITY 07 VIAAT ZONAL =mom CO07I77. 07,711 07 COLORADO
1•170:;• • .
co. seas ms. .et pens.
Raz ;Lid.
Z•
I •••••_ne.,;:,• Aii •
•••• in. •
11 Lib.. flg in
A
s ••••S
: !II
'11
M il ZIP:r21.
1
inr, AO. (i • a.,1 MP 110 orn AVENUE 'ELF.
sTit1./.,e , • • .
- •
1J1-31,10le • 6,1
1,27.101•
Agss-ti MN • a i• I KO • ,11 Ay
On" In
.1•A-02.2ei•
FiL:It=VtaiN Var•Illrg=1=107.01 re TA..
WM.
wawa re pc yam. cow er mom awes n wee or.
Iranignts"Wneci :=rtst sc7c=:7 rut 100101%.1.• .7"Onlin :P.M Sin MOOD et inn
zjurr 0.8,4==:11.= 031=011:=. ert.Z.:00
...nne Wore ei•••• to V. • ualssca
Mai 80 in M.N. ST. V etr...••_•11,0rrigr:.•.=
r.1741%g 'irtrffirInni= di in Wino
""="fint ,V0r0t. MA.
.1% MA MT. b•in in• 0 inning .
K.15
sae Is moat mews, or es .4 elloomp mons ae twos ==st
Zers rir%es• ass./ sr= ,anT1 mow ma sem ••••••• •rta• we•••••, MO 1( ed maws 0 woo vs- ws•swe co ors. -Vele ese me Is. est sse me or, tose=re..,...7•.,.....••• tir,=== ezr,
ma...new.* WES OM SVO.0 In •
':nerir4=1."",4 sqg roni=
isssiffs•Tr4 s'etrirstrriel rams=r.
A nr=L...1172.Z...rli•04:7=i, glr=1.01A•
=14= 2:44.7-...11::".eP VILI=X21."- •"
"
ZUMUSIffilaW.M7COR
7 =in PP 7. 14 cis. Wes
R. • WM
•••••• CLOP 4100,
30091.1.12MCCW
Mon 0. 8:080,04
FIE A". Fir=1 0 Xr7V r; Ir. VW 41%"` • nnli OP • nilani esne•res•x• es foe NYC,
I *Mali
7LSTRA
URVCIING. "
gni •••••• ••• lai•M•
ii=0 •
I .1.• •I • • sr ,
20
Exhibit 6
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.
11•C,,45°\154. I R alftei Family Fun wastungtonFair.org
If You Know Something, Soy Something
- •
11 • .
• - Call: 1.80 0.CALL.F81
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 Exhiiit 6
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 1-70 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.
• 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 1-70 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.
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126
22 Exhibit 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
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 1-70. 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 1-70.
• 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.
Civic Signs, 9457 S University Blvd. #.526, Highlands Ranch, CO 80126 23 Exhibit 6
Kipling Land LLC Letter of Support
February 22, 2018
Re: 4E490 Kipling Street
Wheat Ridge, CO ROM
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,
Thomas C. Helgeson, its Manager/
And By:
Paul L. Casey, its anager
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 24 Exhibit 6
Drawings — for illustrative purposes only
CV CrICICa 000.0000101,
—
.71.411
WD1WLV 0,7/CM
ONCE IIIMMIXE7.3
10904;01,0 1,111
?WA
an% gam MO
VlitinDer WW1". R:Pri
ammo Loon
PLAN VIEW
447
trIEMTrx At IOW=
11701101011Vaitaiitill ROL 4111:11(1111114ITNOTIPOCL
111 ra 3.4 co - ..set:andolieguatsiCr
I TM
WOL 021214W PVC
Icitml.
otattiarraat
CP wawa at. mi.-. ti
MOVVO
oar 3..6.12 GEM= Fr
MC MX SALIM
Ogia
,11.60.1111M.11:10 CIA
laefailTD tili1011121Die
NI Win NW Ma, NI CPA 110131110/0=
I I /V 1:100111C7 012111111 1.0 WO ?CLAD
ELeVAT1ON
80,01• i• MIC.C.CD G10.7mili VC= 0612101611DVO
WO MOCK CUP (WO cm tax magi= vac carectul
.WANIZILDWZdiViii=
3.ca viiiessamptilat roan latICOMIss gam utAts Camino,
ractisPerreMontaPart
ZAV201
TM/ MR TM CaLOA9110
oailitisermonsmancl
13111.71
OD inns =two.
acrxtre
WOW, WADI? TM.
41ZEO MR PAL RISIWELDNIL
CU, IMRE CCEMIDIIMC
gagt=t.
44f,
14' x 48' SINGLE P05T PULL FLAG FACE Wig =XV 20 V-BIJILD FALMEADY MOTH 5113E51 MD. PV•A
SN'ElY CA2311 MOUNTING
7
tit ix f5 J5W
fled
dei I Gil 7
51 af I
Civic Signs, 9457 S University. Blvd. #526, highlands Ranch, CO 80121 25 Exhibit 6
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 IGpling 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
Thomas C. Helgeson, its M roger
And By:
Paul L Casey, its Manager
Civic Signs, 9457 S University Blvd #526, Highlands Ranch, CO 80126 Exhi0 6
GRANT OF UCENSE 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("Grantorl and by Civic Signs Ltd., a Colorado limited liability company rGrantee").
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:
page 1 of 14
Civic Signs. 9457 S University Blvd #526, Highlands Ranch. Co 50126 ExhiEt 6
"Affiliate" of a Person means any other Person directly or indirectly controlling, controlled by or
under direct or indirect common control with such specified Person. For purposes of this
definition, "cantor, 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
chloroblphenyis, 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 taws" means any Applicable Law (defined below) relating to or addressing the
protection of human health, safety or the environment, or regulating, controlling, licensing, or
prohibiting Environmental Contaminants, including those Applicable Laws regulating,
controlling, licensing, or prohibiting excavation of property containing Environmental
Contaminants, or the processing, treatment or disposition of soil containing Environmental
Contaminants, or the remediation of property containing Environmental Contaminants.
"Grant" means this Grant, including any and all schedules, appendices and/or exhibits hereto, as
amended, renewed, supplemented, extended and restated from time to time.
"Person" means and includes individuals, corporations, limited partnerships, general
partnerships, limited liability companies, joint stock companies or associations, Joint ventures, associations, consortiums, companies, trusts, banks, trust companies, governments, regulatory
authorities, governmental departments, agencies, commissions, boards, tribunals or courts, or
other entities.
3. GRANTEE RIGHTS
Grantee's rights under this Grant shall include, without limitation, the right to:
a. Erect, maintain and operate signs containing one or more static, electronic and/or digital
displays ("Signs") in the Sign Location Area; and
b. Utilize and connect to the electrical power and other utilities located on or available to the
Premises to the extent necessary or desirable to erect, maintain and operate the Signs In the
Sign Location Area so that the Signs can be so erected, maintained and operated In a safe and structurally sound manner in compliance with all applicable statutes, ordinances, codes, rules and regulations (the 'Applicable Laws') at Grantee's expense.
page 2 of 14
Civic Signs. 9457 S llni,crsity Blvd. 4526, highlands Ranch. CO s0126 Exhifl 6
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
page 3 of 14
Civic Signs, 9457 S University Blvd. #52.6. Highlands Ranch. CO 80120 Exhiga 6
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.
8. 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.
S. 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 of the 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 or graphic display on the Signs. U pon the termination of the Grant by Grantee, Grantee may remove, or ca use to be removed, the Signs within a reasonable period of time. The cost and expense of such removal or replacement of the Signs shall be borne by Grantee.
c. Sign Maintenance. Grantee shall maintain the Signs in a clean, tidy and proper operating
condition and conduct its operation of the Signs In material compliance with Applicable Laws.
10. FEES
a.
b.
C.
page 4 of 14
Civic Sips, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 ExhOR 6
d.
e.
11. NATURE OF EASEMENT
The license and easement created herein shall also be and constitute an easement appurtenant to, and
a covenant which shall run with, the Premises, as benefited and burdened by the terms of this Grant.
This Grant shall not terminate or expire by lapse of time or non-use and shall continue until terminated
or modified as provided herein, and it shall not terminate by application of the doctrine of the rule of
merger.
12. DISPUTE RESOLUTION
In the event of any dispute among the parties related to this Grant, if such dispute is not promptly
resolved through good faith discussions among the parties, either party may cause such dispute to be
referred to a dispute resolution committee comprised of one designee of Grantor and one designee of
Grantee. In the event that such dispute is not promptly resolved by such committee to the satisfaction
of the both parties within thirty (30) days of the commencement of such discussions by such designees,
either party may seek arbitration of the arbitral dispute before a panel of three arbitrators (with one
arbitrator designated by each party, and the third arbitrator designated by the first two arbitrators) to
page 5 of 14
Civic Signs. 9457 S Unnersity Blvd. 026. Highlands Ranch, CO 80126 Exhibit 6
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 otter address
or email address as may from time to time be communicated to the other parties by Notice:
If to Grantor:
if to Grantee:
Kipling Land LLC
Attn: Tom Helgeson
4890 Kipling Street
Wheat Ridge, CO 80033
Civic Signs Ltd.
do Kent Saunders
578 Washington Blvd., Suite #153
Marina del Rey, CA 90292
With a cc to:
Civic Signs Ltd. ao 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. INDENINM
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
page 6 of 14
Civic Sig', 9457 S Univercity Blvd. #526, Highlands Ranch. CU 80126 ExhiN 6
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:
a. Commercial General Liability
Commercial general liability insurance with a policy limit of not less than TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) per occurrence for bodily injury, death and damage to or
destruction of property, including the loss of use thereof. The policy shall by Its wording or by
endorsement extend to insure the liabilities herein assumed by the Grantee, provide that
Grantor is included as an additional insured, and ensure that the policy provides for a "cross
liability" clause which shall have the effect of insuring each person, firm or entity named in the
policy as an insured in the same manner and to the same extent as if a separate policy had been
Issued to each. The policy shall also include non-owned automobile liability and contingent
employers' liability coverage. The Grantee shall also ensure that all subcontractors, if any,
provide the same insurance coverage.
b. Automobile insurance
Automobile public liability and property damage insurance in an amount not less than TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) all-inclusive covering the ownership, use and
operation of any motor vehicles and trailers licensed for use on public highways and which are
owned, leased or operated by the Grantee and used in providing the Services.
16. ENVIRONMENTAL MATTERS
a. Environmental Condition of the Premises. Grantor represents and warrants with respect to the
environmental condition of the Premises that it is in compliance with all Environmental Laws
and that there exists no Environmental Contaminants on or within the Premises.
b. General Environmental Obligations. Grantee shall be sot* 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.
Page 7 of 14
Civic Signs, 9457 S University Blvd 4526, Hiehlands Ranch, CO 80126 Exhil3ii 6
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. CONFIDENTIAISFY
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
page B of 14
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch. CO 80126 Exhift 6
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 enamels 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 party of the terms of this Grant shall be deemed a waiver of any
subsequent breach of this Grant. No supplement, modification, waiver or termination of this Grant
shall be binding unless executed In writing by the party to be bound thereby.
f. Words Importing the singular indude 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.
J.
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.
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.
I. 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
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 Exhin 6
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
Thomas C. Heigeson, its anager
State of Cofora o
County of
St The foregoing instrument was acknowledged before me this ( —" day of 2017, by Thomas C.
Helgeson, the manager of Kipling Land LLC, a Colorado limited liability company, on behalf of the Kipling Land U.C.
fl-44-141 (Notary's official signature)
H.60•1-1
And By:
(Commission Expiration)
CYNDI LEWIS NOTARY PUBLIC. STATE OF COLORADO Notary ID 20054048003 My Comriras n Fxolresti/30/2017
page 10 of 14
Civic Signs, 9457 S University Blvd. #526, Highlands Ranch, CO 80126 Exhigg 6
Paul L. Casey, ts anager
State of Color do
County ofIA The foregoing instrument was acknowledged before me this 15—.1' day of 2017, by Paul L. Casey,
the manager of lipling Land LLC, a Colorado limited liability company, on beha f of the Kipling Land LLC.
) ,
Grantee
Civic Signs Ltd.
By
(Notary's official signature)
(Commission Expiration)
Rel,ert-Miesedt Member
11 WC—Pi-WO
State of Col do
County of
CYNDI LEWIS NOTARY PUBLIC STATE OF COLORADO. Notary ID 20054046003 MI Commission Expires 11/30/260:
'".-. t4 ; idts• 8 (0%442A" The foregoing instrument was acknowledged before me thi day of 20g, by fteliterWileseit,
inber of Ci 'c Sign,a Ltd., a Colorado limited liability company, on behalf of the Civic Signs Ltd.
frii6edals..afficial signature)
(Commission Expiration)
ELIZABETH A WOLSLEBEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104015503 MY COMMISSION EXPIRES MAY 07, 2022
page 11 of 14
Exhibit 6
Exhibit A —Premises
LEGAL DESCRIPTION
All that portion of the Southwest Quarter of the SonthweSt Quarter. of the
Southwest Quarter of Sectiou 15, Township 3 South. Raoge 69 Meat of the Sixth
Principal meridian, County of Jefferson. State of Colorado.
PAR= 1.
Beginning at the Southeast corner of that certain parcel cow:wad by deed
recorded in Book 1758. Page 307, whiCh is North 89 degrees 51 eluotee 3a
secaado East, a distance of 60.0 feet and Vatth 0 degrees 22 sibutAWS7Preat, a: .
distance of 560 feat frau the Southwest corner of laid Section 15;_tbeg*.
Marti 89 degrees 51 minutso 30 seconds Rest a distance of 127S:6411-tiiiici:,
worth 0 degrees 22 minutes Wean, a aiptiMCO Of 75.0 feet to the South lips of
that cOrtilan parcel conveyod by dead recorded in Book 1764, Page 501) thabCa
South 88 degrees 51 minutes 30 seconds East along said South line, a distence
of 127.5 feet to a point on the Sautorly line of that destain.parcel conveyed
by deed recorded in Book 1758, Page 307; thence South 0 degrees 22 attatitos
Mist, along said Bast lion, a diStance of 75.0 fast to the point of beginning,
11ZOSPT the Worth 5 feet thereof, and EXCEPT that Portico deimuYed in instruarent recorded October 26, 2982, at Reception Number 82074450, County of
Jefferson, State of Colorado.
PARCEL 2;
Beginning at the Northeast corner of that certain parcel conveyed by ,deep
recorded in Bock 1293, Page 296, whioh. is /forth 0 degrees 22 minatep Neat,
distance of 460.0 feet and north OP degrees Si a4aatess 30 aac"41 gait, a distance of 62.5 feet Erai the Southeast corner of said Section 15t thence
South 10 digress 34 minutes last along the Easterly line of said deed, a
distance of 112.0 test to a Northerly line of said dead; thence !With 89
degrees 51 minutes 30 seconds Must, along said Northerly line, a distance of
105 feet; thence North 0 degrees 22 minutes West, a distance of 110 fiat to the Southerly line of that certain parcel conveyed by deed recorded in Dook
708, Page 2/ thence South 89 degrees 51 minutes 30 esecOn41 West along said Southerly line a distance of 125 feet to the point of beginning. County of
Jefferson. &tete of Colorado.
page 12 of 14
:ivic Signs, 9457 S Univcrsity Blvd. #526, Highlands Rilach. CO 80126 37 Exhi bit 6
rN/
City of
COM
WheatfQ
MUN 1TY EvE LOP M l'NT
City of Wheat Ridge Municipal Building 7500W. 294 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 y4 have any questions. Thank you.
Respectfull
Kenneth Johnstone, ICP
Director of Communt15i Development
CC: Meredith Reckert, AICP, Senior Planner
Exhibit 6
%wet -Ai -wheat ridge. co•us
March 29, 2018
City of Wheat Ridge
Community Development Director
Attn: Mr. Ken Johnstone
7500 W. 29th Avenue
Wheat Ridge, CO 80033-8001
Re: Extension of time for building permit application
Dear Mr. Johnstone:
CIVIC
Civic Signs
Ltd.
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', 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 8th date is rapidly approaching. If you have any questions, please feel free to contact me.
Sincerely,
Scott Andel
Civic Signs
scott@civicsigns.com
303-947-9644
Exhibit 6
City of Wheati COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
April 6, 2018
Scott Andel
Civic Signs, Ltd.
9457 S. University Blvd. #526
Highlands Ranch, CO 80126
Dear Mr. Andel:
RE: Case No. WA -18-05
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)
WA 1 805.doc, WA1 806.doc Exhibit 6
WWW.Ci.Wheatridge.co.us
\!J
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 (933%) 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 .s.seniiativ4aracter of the neighborhood.
2. The applicant is proposing a substantial iiiv4tment in the property with
this application which would not be possible Alp out the variance.
3. The alleged hardship haschot been created by any_person presently
having an interest in the prOerty. ,
4. The request would not be detrimental to the public We".,re.
5. The request is consistent with the existing conditions in t14:5urrounding
area, as a major* .?tf the properties in the area contain primary or
accessory structuitish4encroach into the required side yard setbacks
for the A-1 zone district
WITH THE FOLLOWING CO IktITIONS'.',. -
1. The design and architecttkof the proposed carport shall be consistent
with ikresentitions depicti4 i the application materials, subject to staff
review and approval through`review of a building permit, and subject to '
....11•• al zoning inspection.
....'., ,,.. .
Motion carried:7-0. '-'• ,‘ • , \ • - ,
B. Case Nos.WA-18-0S'and WA-48-06: - ,
,
: t.: The caseAyas presentedby Meredith Reckert. She entered the contents of the case file and packet ma(Orals, the zoning ordinance and the digital presentation into the record. She stafpd'all appropriate notification and posting requirements had been met and advised the beard 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 Exhibit 6
Member GERMANO asked what the status is for the funding of the Kipling/1-70
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. Reeked explained that, among other things, City Council is concerned about
aesthetics and visual clutter.
Member GRIFFETH thanked Ms. Reckert fo
reciprocity with CDOT and asked whether
billboard or if staff was required to talkftb, „t..;
Ms. Reckert said staff chose to get*Tit opinion.
•
Member GRIFFETH asked about the er from.
resentation and asked about
CDOT for their opinion on the
OT abo eir opinion.
930 I
,
N. •
- T which as-Rgned by Nancy :4- '''T•., - Terry and asked if she ise.pa,lified to addhig*slriatter.
Member KUNTZ interject and, :; i he has ":6--tit,4.zd with her in the past and she is 4 .
very knowledgeable on the s ect'• odts.pne of senior managers and looks 14:0 T's
out for CDOrs best interests rtthe stIteVgghwaY'S. V. A--‘,,. -'`. -% • Member ,GRIFFETH-a-Sked if C to taitpaore land then what is shown on
the ROW Teti: the Kipli41-70 proj
- ..:*eckert saidies(.40dthi:prop7ty?her will be compensated for that. t'
: e
Member GRIFfETH`algos,asked if the any projections on what the City will
receive in taxeSif.the billtiparcl is installed. •
Msr:-Reckert and Mgpahl agreed that would be a question for the applicant.
e :
With regard o lan #pe and signage improvements at the interchange, Member
GRIFFETHAtkled, understand why the City spent a lot of money on
landscaping in, 0 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 Exhibit it
Ms. Reeked 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 tch :presentation. They handed out
an additional exhibit.
Scott Andel, Civic Signs, Ltd., Applic
6669 Serena, Castle Pines
Mr. Andel gave a brief presentation C.went through the infs3rOation included in the
agenda packet. He said the 1-70 overp 1r.:is 25 felitheight to in;ker Member
RICHMOND's question,.. „ . '-',At• 4•C'.5.."' 'N..-.1.k. .40;" •:,"..
Member GRIFFETH ask clel if he kn --whether the application was going • to be presented to CDOT an chanc +,to-respond to the CDOT letter.
Mr. Andel , ‘-'11-2n01-:•:k they met ith CROY:i:*sclayago and added that the aesthetic( was n them. atelY, bt1''st City and CDOT need to
approve tlic uest for csnstructio
MenTher GRIFPE öhdãbout the cost of the flag study and Mr. Andel replied - that said 47cost a c thousanaplilarskin addition to surveys.
1/47,4'
A`‘ 'Member PAGElsked it „is any other location on the site for a billboard.
\frh, \i4 Mki`Andel said no b'ecause he doesn't want to encroach on the other buildings. \•'-`1 •ci•
MembekAGE askegabout the east side of the property.
Bob Micsak, diric 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 Exhpit 6
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 scr,c because the City does not allow
LED billboards. He added the billboard will cost roximately $75,000 plus more "ri? depending on the design and soil testing. ,6„v
Member BELL is curious about the Cl3QTlns ancr ested that erection of the
billboard could be delayed until the Rieing/1-70 interch is complete.
Mr. Micsak indicated that there arcOritractual obligationsVtk the land owner and
that the City has tight timelines forAdpermitting process. AVilding permit needs
to be submitted by April 8th or 9th. '''„. ,
• i.:7', Mr. Dahl explained the 4sstrict time fi- 6t. that Civic Signs needs to meet and
that is why they can't step ck4yait.
‘..--31.,,_.•,, ••• , , •-• In response tq a previous coniAet frol., -. ,Crriffeth,k. Reckert explained that the
money inv,eStetlinte the landscaping in t) is nott"throw away" project. The
City of Wheat Ridge V.,1,74Telcome" be dists bled and moved to a different
location. -
, ipERMANO4eld tfte•Appycapt th Ad a compelling presentation and the
hi swayed decisiiiii,tigl,thigis the 32 -foot billboard height limit is too
a-restrictive. With regt4 to the setS'ak, he expressed that this is a unique parcel and
•' CDOT constfu-
e-pillboard will
of Wei4nd owner -k,
Mr. Mics said th is an easement on the property which is separate from the
building and the sat &an stand separate from the building. s, • :t
Member KUNT 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.
the interchange project, the applicant has been forewarned and
to aims down. He then asked about the change in ownership
•d;,if that Will have any effect on the billboard.
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 Exhibit 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. Micsalc 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.
,4.„; Mr. Mic,sak said there is no other location that both the city and state
requirements for a billboard. 44k.
Member GRIFFETH stated he is in suRprt Of the si .4tid height and can be swayed
on not supporting the setback. . •,:., ,1.: 4frix;
Member PAGE said she will not stilf‘-::;4 the proposal and a ' „with Member
A
KUNTZ' concerns about the height, tlicOncem Aral elevati and for traffic . safety. She fears the ere on of the billlib'''d thUinhibit the plil70 interchange project.
\
$:!, Member BELL stated she ,vot 6 -i*-- rtmg the'applicant for a number of
reasons, and thatlhe agrees Z‘C:.„n --.'"::- '''-: • . Nkc:
Mr. D OAted the qrd must tparas — one on each application.
On each a plication if e:motion i aivrove, it requires six votes in order to grant
the varianceitthe, mo onis to deny, ‘-tnust pass by four votes (a majority of --. ,- -e......4. ',,,,,-. Irigthem preseiit)Y, s4 N,.
• AV 4 ',.' V"
. t 11 ...7k -....i.,, Upon a niiio\ by MtVe,r PAGE•and seconded by Member ICUNZ, theT ...I.,I: -NT following motion' was : 1..-...--,.. „.
Cate No. WA-18-05. ' 1 appliption Case No. WA -18-05, a request for approval of a 15'
setback variancyWai 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 Exh4it 6
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 setb,akk variance were denied.
4. Granting of the variance will negativleiffect the 1-70 /Kipling
interchange reconstruction project.,/,.,
5. CDOT objects to the variance.
_Lre z Motion failed 3-4, with Members #W4 GERMANOJRADFORD and
GRIFFETH voting no. (-
Member 1CUNZ questioned MembelA3ELL's
in favor of the variance.. t '..
Mr. Dahl requested the RgOrdiug Secreta tar the board and have the Board
vote again on the motion; Dii.hlaiftsii that a ye een) vote is to deny and a no , .. .:: (red) vote is to ,grant. • -4 . , . e• N • t., 4%, 1.7. - .• 1, '. , `,.. - Member. tigILL staii0 meanttO:*ipart staff recommendation which was to
\-4te based on hes testimony as not
deny." „
taken agami,
'Motion caiiies 4-3 . : voting against; meretort, the variance was denied. •\. , • •
.1*
Case No. WA-18-66
Upon ii**otion by ember KUNTZ and seconded by Member PAGE, the
following ntotiot.witi made:
WHEREAS, application Case No. WA-18-06, a request for approval of a height
variance, was not eligible for administrative review; and
•
BitADFORD, GERMANO and GRIFFETH
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 ExhibitE
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 v_giriance were denied.
3. The variance would alter the esseliiial chacter of the locality.
4. During the review of sign code andbillboarii regulations, City policy
makers have chosen not to eitend the maximum height for billboards.
Motion failed 2-5 with BRADFORp; GERMANO, GRIkitiVet:TH, PAGE and
RICHMOND voting against. Therefore, the motion failed toRiss7
Mr. Dahl stated that beean0 the motion todeny failed, the Board had yet to take
a final action on the case;\ands*iit a motion to approve was in order. \,
Upon a motion by Member Gaiffeth and Secondedspy Member GERMANO, the
following Motion was made: N: , - WHEREAS, application Case NO:WA-18-06 was not eligible for administrative
review; and
WHEREAS, the property lifi-been poskted the fifteen days required by law and
in recognitiou that there were no protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the
pnblic.welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge; and
-1 •
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application
Case No. W208-06 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 1-
70/1Cipling interchange, however there should be an exception
considering other factors.
Board of Adjustment Minutes March 22,2018 Exhilait 6
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 ICUNTZ, 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
GERIVIANO 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 ExhibitliD
Cs) Street View -Mar 2029
nnabis 48th Ave
L -1 El Paraiso Mexican
1-70
Denver, Coiorado
Googie
rt.) Street View -May 2022
7116-1.- • • r
361
t • • • - -
-Li- .
JO' 9
• t f FM- _ %go El Paraiso Mexican
7,• 0 eb
4° 3 g 7 nbis _W 48th Ave
4.1‘;-"ier 4...1._17r=i1/474kce-g,
- -44
•
-
Image capture: May 2022 2022 Googie Umtect S:ates Temis Praracy Repot a problem
Board of Adjustment Minutes March 10, 2022 1
BOARD OF ADJUSTMENT
Minutes of Meeting
March 10, 2022
1. CALL MEETING TO ORDER
The meeting was called to order by Chair PAGE at 7:00 p.m. This meeting was held
virtually, using Zoom video-teleconferencing technology. As duly announced and
publicly noticed, the City previously approved this meeting format in order to continue
with normal business amid the COVID-19 pandemic and the related public emergency
orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before
calling the meeting to order, the Chair stated the rules and procedures necessitated by this
virtual meeting format.
2. ROLL CALL
Board Members Present: Dan Bradford
Michael Griffeth
Paul Hovland
Thomas Burney
Betty Jo Page
Larry Richmond
Laura Sicard
Alternates Present: Todd Hansen
Board Members Absent: Janet Bell
Staff Members Present: Lauren Mikulak, Planning Manager
Alayna Olivas-Loera, Planner I
Tammy Odean, Recording Secretary
3. PUBLIC FORUM
No one wished to speak at this time.
4. PUBLIC HEARING
A. Case No. WA-22-02
The case was presented by Ms. Olivas-Loera. She entered the contents of the case
file and packet materials, the zoning ordinance and the digital presentation into the
Board of Adjustment Minutes March 10, 2022 2
record. She stated all appropriate notification and posting requirements have 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 variances: Request A) a 0.7-foot (14%)
variance from the 5-foot side yard setback requirement for a detached garage and
Request B) a 0.9-foot (18%) variance from the 5-foot side setback requirement for a
home addition on property zoned Residential-Two (R-2) and located at 3655 Holland.
Staff recommends denial of this variance based on the criteria for review, but
acknowledged that there are unique circumstances attributed to this request that
warrant approval.
Member PAGE asked if there are any other buildings in the neighborhood that are
close to property lines.
Ms. Olivas-Loera said there is none that she is aware of, and Ms. Mikulak added the
encroachment is so slight it is not perceptible to the human eye and will not stand out
in the neighborhood.
Member GRIFFITH asked if the Foundation Setback and Elevation Certification form
is a part of the building permit process.
Ms. Mikulak said it is a requirement if the structure is within 20% of the setback.
Member Burney inquired if the neighbor to south had any comment regarding the
garage or addition.
Ms. Olivas-Loera confirmed there has been no comments from the neighbor.
Carl Maes, applicant
3655 Holland Ct.
Mr. Maes gave a brief explanation of why he is asking for 2 variances today. He
explained the surveyor never staked out the property line and the contractor took the
measurement 5 feet from the retaining wall assuming it was the property line. He
mentioned he has had conversations with Xcel Energy, and they are fine with the
setbacks as they sit.
Mr. Burney asked how far along in the project the contractor is.
Mr. Maes said everything was framed out before the stop work order was issued.
In response to a question regarding utility easements, Ms. Mikulak explained when
and how they are created, but mentioned they are not always used for the installation
of utilities and in this case the utilities are overhead.
Board of Adjustment Minutes March 10, 2022 3
Brian Moore, sub-contractor
1621 Jackson St.
Mr. Moore explained that he is the sub-contractor because the contractor is ill, and he
gave a brief explanation of how the errors occurred. He mentioned that the step of
getting the foundation setback certification done was overlooked because at
inspection of caissons on the addition, everything was approved and they didn’t know
there was a Setback Certification form to complete. He admitted there was some
miscommunication at the time of inspection; along with a page on the plan set being
incorrect, when the measurement was taken.
In response to questions regarding the slab the garage sits on, Mr. Moore mentioned
that if the variance is not approved then a new slab will have to be poured and the
garage moved. He noted the addition is on 30-foot caissons and it would be very
difficult to move the addition off those if the variance is not approved.
Public Comment
No one wished to speak at this time.
Ms. Mikulak explained the building inspection procedures.
Member HOVLAND mentioned it is difficult to point fingers on where the failure
occurred, and it could be expensive to correct.
Member GRIFFITH said to not set a precedence with this case, and it will be a hard
decision to make.
Member HANSEN does not feel it is right to build in a utility easement.
Member BURNEY said this does not seem intentional and the neighbor to the south
has no complaints.
Upon a motion by Member GRIFFETH and seconded by Member BRADFORD,
the following motion was stated:
WHEREAS, application Case No. WA-22-02 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
Board of Adjustment Minutes March 10, 2022 4
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application
Case No. WA-22-02 be, and hereby is, APPROVED
TYPE OF VARIANCE: Request for approval of two variances on property
located in the Residential-Two (R-2) zone district in order to construct a new
detached garage and home addition in the rear yard:
• Request A: a 0.7 foot (14%) variance from the 5-foot side setback
requirement resulting in a 4.3-foot setback for a detached; and
• Request B: a 0-.9-foot (18%) variance from the 5-foot side setback
requirement resulting in a 4.1-foot setback for an addition to the existing
dwelling.
FOR THE FOLLOWING REASONS:
1. The property continues to function as a single-family residence.
2. There were no complaints from neighbors.
3. The unique condition from this case and there was an existing structure
previously in this place.
WITH THE FOLLOWING CONDITIONS:
1. The design of the proposed garage and addition shall be consistent with
representations depicted in the application materials, subject to staff
review and approval through review of a building permit.
A friendly amendment was offered to add the following reason accepted by Member
BRADFORD:
4. There would be a substantial investment for applicant to correct.
Motion carried 8-0.
5. CLOSE PUBLIC HEARING
Vice Chair PAGE closed the public hearing.
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes – February 25, 2021
It was moved by Board Member HOVLAND and seconded by Member
Thomas GRIFFETH to approve the minutes as written. The motion passed
5-0-3 with Member BURNEY, RICHMOND and HANSEN abstaining.
Board of Adjustment Minutes March 10, 2022 5
B. Resolution 01-2022
It was moved by Member SICARD and seconded by Member HOVLAND to
recommend approval of Resolution No. 01-2022, a resolution establishing a
designated public place for the posting of meeting notices as required by the
Colorado Open Meetings Law.
C. Election of Officers
Elected Chair: Betty Jo Page
Elected Vice Chair: Michael Griffeth
8. ADJOURNMENT
It was moved by Member GRIFFETH and seconded by Member SICARD to
adjourn the meeting at 8:49 p.m. Motion carried 8-0.
__________________________ _____________________________
Betty Jo Page, Chair Tammy Odean, Recording Secretary