HomeMy WebLinkAboutMINUTES Board of Adjustment 1977-09-291^'
BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS
Board of Adjustment
September 29, 1977
Board:Chairman Sutter; Members Herzog, Palmer, Prosser,
Wagner, and Alternate Member Sager
Attending:
Also Attending
Chairman Sutter; Members Herzog, Palmer, Prosser,
Wagner, and Alternate Member Sager
Town Attorney Phipps, Town Administrator Hill,
Director of Public Works Van Horn, Building
Inspector Cooper
Absent;None
TALEX COLORADO. INC. - SIGN APPEAL &, VARIANCE - RIPLEY'S MUSEUM:
Joseph P. Jenkins, attorney representing Talex Colorado, Inc.,
appeared requesting an appeal of the Building Inspector's interpre
tation and a variance should the appeal be denied. In the appeal,
Mr. Jenkins stated that the television set, which shows a film of
Andy Griffith discussing Ripley's Believe It or Not Museum, is not
a sign. He claimed that the television is inside the building, and
therefore, is not a sign because the only "inside" sign the sign code
addresses is a window sign which is not an appropriate categorization
of the television. Building Inspector Dave Cooper insisted the tele
vision is a sign according to the definition of a sign in section
17.66.090 (36) of the Municipal Code and also a .prohibited sign accor
ding to section 17.66.190 C. Ms. Carol Tucker, Manager of Ripley's
Museum, appeared as a witness in favor of the appeal. Member Ed
Palmer moved the request for an appeal be denied. Member Herzog
seconded the motion. Upon roll call the motion passed by the fol
lowing votes: Those voting "Yes" Members Herzog, Palmer, Prosser,
Wagner, Sutter. Those voting "No" none.
Attorney Jenkins pursued the second request for a variance to allow
the television set to remain provided it be moved back further into
the building and that the speaker be contained within a conical
structure in the ceiling which would limit the sound to a particular
dimension. Mr. Lee Byerly and Mrs. Hawser: appeared in support of
the variance request. Member Robert E. Wagner moved the variance be
granted subject to (1) the television being set back four (4') feet
into the building from the existing sliding glass door and (2) the
sound be contained within the building and that the Board of Adjust
ment finds that the following conditions exist with respect to the
request:
1. There are special
the existence of buildings
tures or other matters on
public right-of-way, which
effectiveness of the sign
such special circumstances
the particular business or
desires to draw attention,
businesses or enterprises.
circumstances or conditions, such as
, topography, vegetation, sign struc-
adjacent lots or within the adjacent
would substantially restrict the
in question; provided, however, that
or conditions must be particular to
enterprise to which the applicant
and to not apply generally to all
2. The variance would be in general harmony with the P^r
poses of Chapter 17.66 of the Municipal Code, and specifically
would not be injurious to the neighborhood in which the business
or enterprise to which the applicant desires to draw attention
is located.
3. The variance is the minimum one necessary to permit the
applicant to reasonably draw attention to his business or enter
prise .
Member Palmer seconded the motion. Upon roll call the motion passed
by the following votes: Those voting "Yes" Members Herzog, Palmer,
Wagner, Sutter. Those voting "No" Member Prosser. -j i
There being no further business, the meeting adjourned.ill. Secretary