HomeMy WebLinkAbout1.2 CorrespondenceRECEIVED
MAY 1 3 2008
BROWN &WILLS, LLP GARFIE�
801t Colorado Ave.At
BUILDING
Uf LD,�� orneys at Law
KING
Glenwood Springs, CO 81601
(970) 945-2361 (OFFICE) (970) 945-8903 (FAX)
May 13, 2008
Fred Jarman
Planning Director, Garfield County
108 8th Street, Ste 401
Glenwood Springs, CO 81601
Dear Fred:
Re: Kracht Contractor's yard
As stated in my email, I was advised by Lee Leavenworth that the only
practical alternative to obtaining an amended water well permit to allow a
bathroom in the replacement barn was to file another augmentation plan. This
would cost $15,000.00 to $20,000.00, which the Krachts cannot afford. Obtaining
a Waiver of Injury affidavit from the owner of the affected ditches was also not
possible as the owner is enfeebled. So, I would ask that this letter suffice as our
amendment to the Narrative we submitted and the bathroom be deleted as a
component of this application.
In addition, the application is for a replacement of the barn and permission
to use the site as a Contractor's Yard. Your letter of January 25, 2008 stated that
the application did not address visual impacts. There are no adverse visual
impacts because the Kracht's are merely replacing their existing legal barn with a
new one which is only a few feet longer. No added fences are needed. However,
the applicant intends to plant 10-12 trees on the south side of the barn and some
bushes, all to enhance the barn area and the already landscaped adjacent home.
The landscaping element will be done this year provided they can get approval in
time to erect the replacement building before the end of the planting season.
Please add this impact description to the application.
I hope this is all you need. Please advise if otherwise or of a hearing date.
Kindest regards,
Walter E. Brown III
Fred Jarman
From: Craig Richardson
Sent: Thursday, March 20, 2008 8:39 AM
To: Fred Jarman
Subject: FW: Hank & Cameron Kracht application
Fred I believe this is your application.
Craig Richardson
Senior Planner
Garfield County
108 8th Street Suite 401
Glenwood Springs,CO 81601
970-945-8212
970 -384 -3470 -Fax
crichardson@garfield-county.com
Please consider the environment before printing this e-mail.
From: Walter E Brown III[mailto:walter@brownwillslaw.com]
Sent: Wednesday, March 19, 2008 5:10 PM
To: Craig Richardson
Subject: Hank & Cameron Kracht application
Craig:
Page 1 of 1
Just to update you and Fred, I received the rejection letter a few days before undergoing a knee
replacement surgery in Vail. I had ordered the changes in the plat and those have been received. I also asked
Lee Leavenworth to obtain an amendment to the well permit to allow the bathroom in the new barn. I have also
had an engineer look at the property for "impacts' on adjacent properties. He saw no impacts as the Kraft's
already have a 65 x 45 building on the same location as they propose to put the new one, they are going to
REPLACE the existing building with only a slightly larger one, and the building they have is about 300 yards from
the nearest adjacent house. This is a fairly isolated farm. Moreover, the neighbors they have on the west side
where the building is are all their relatives. So, as soon as I get the amended well permit back, I will file the
amended plat and permit and a statement about no impact. Lee estimated it would take 60 days and recently said
it should come through in April.
The Krachts have been told by a number of neighbors that they too have been cited by the County and
are being required to file for Contractor Yard permits. The Krachts are concerned that this code enforcement may
delay their case. I told them that was not the case and that we were on track with what the County wanted done.
This is a just to update you so you have something in the file that shows you we are not delaying this
application deliberately. If you could advise the Code Enforcement people of this I would appreciate it.The
Kracht's do not need another letter threatening them with jail and fines when they are doing everything asked of
them and at rather great cost for what appears to be no concrete benefit to the public.
Walt
3/20/2008
Page 1 of 1
Fred Jarman
From: Walter E Brown III [walter@brownwillslaw.comj
Sent: Thursday, September 04, 2008 3:14 PM
To: Fred Jarman
Subject: Kracht hearing
Fred:
This will confirm that my clients would like to go forward on Sept. 8 and not reset the case as requested by
Cindy Testor. We all regret her sickness but this hearing has been bumped along for over 8 months and cost
them a lot of time and money and they still have to do a fire and runoff study after approval, which is more money.
Cindy has probably obtained substitute counsel by now anyway. Two different firms called me to say they were
asked to fill in for her.
I hope this does not create a problem for you, your staff or the Board. The Kracht's, and others who were
cited into this process over a year ago by Ron Van Meter, have their livelihood at stake and it has caused a lot of
stress in the Kracht family to be attacked and vilified just because of this application. Until they filed this
application, there was never a complaint about their operation, the trucks, or the minimal traffic that they ever
heard. Moreover, most of the people in their area, and on the nearby county road, are in favor of approval
because the Krachts are essentially getting legal approval to conduct their business the same way as before the
citation.
See you Monday.
Kindest reghards,
Walt Brown
9/4/2008
Fred Jarman
From: Jake Mall
Sent: Monday, November 17, 2008 10:33 AM
To: Fred Jarman
Subject: RE: Pics of Krachts Requirements for Special use permit
Fred:
The stop sign looks good, the right size, right post and proper height.
Jake B. Mall
Administrative Foreman
Garfield County Road and Bridge Department
970-625-8601 Office
970-618-6194 Cell
From: Fred Jarman
Sent: Monday, November 17, 2008 9:31 AM
To: Jake Mall
Subject: FW: Pics of Krachts Requirements for Special use permit
Page 1 of 1
Hi Jake,
Attached you will see the stop sign that the Kracht's installed which looks good to me as it was your
requirements for their SUP up on Morsianna Mesa. Let me know if that works for you. Thanks -
Fred
From: Kamron Kracht [mailto:kracht@willowwisp.net]
Sent: Sunday, November 16, 2008 11:56 AM
To: Fred Jarman
Subject: Pics of Krachts Requirements for Special use permit
Good morning Fred,
I am going to send the pictures in two emails so hopefully they turn out. Also the Fire Marshal is Rob Ferguson his
# is 285-9119. I just wanted to reassure you,
As soon as the gas station opens which is to be end of December this will be the main area the trucks will fuel.
Hank and I would like to keep the current fuel tank for personal use of the farm equipment ect.
Thanks for your consideration
Kamron Kracht
11/17/2008
Page 1 of 1
Fred Jarman
From: Kamron Kracht [kracht@willowwisp.net]
Sent: Sunday, November 16, 2008 11:56 AM
To: Fred Jarman
Subject: Pics of Krachts Requirements for Special use permit
Attachments: DSC01422.JPG; DSC01428.JPG; DSC01431.JPG; DSC01429.JPG
Good morning Fred,
I am going to send the pictures in two emails so hopefully they turn out. Also the Fire Marshal is Rob Ferguson his
# is 285-9119. I just wanted to reassure you,
As soon as the gas station opens which is to be end of December this will be the main area the trucks will fuel.
Hank and I would like to keep the current fuel tank for personal use of the farm equipment ect.
Thanks for your consideration
Kamron Kracht
11/17/2008
September 9, 2008
BUILDING & PLANNING DEPARTMENT
Mr. Walter E. Brown III
801 Colorado Avenue
Glenwood Springs, CO 81601
RE: Land Use Application for a Contractor's Yard in the ARRD zone district for
Kracht
Dear Walt,
As you are aware, on Monday, September 8, 2008, the Board of County Commissioners
approved a Special Use Permit for a Contractor's Yard on your property with the following
conditions:
1. That all representation made by the Applicant in the application and as testimony
in the public hearing before the Board of County Commissioners shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. Volume and sound generated shall comply with the standards set forth for
residential neighborhoods in the Colorado Revised State Statute 25-12-103, and
any repair and maintenance activity requiring the use of equipment that will
generate noise, odors or glare beyond the property boundaries will be conducted
within a building, or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri.
3. No vehicles to be serviced beyond reasonable maintenance may be stored on
site.
4. Storage of flammable material shall be conducted so as to meet all applicable
regulations utilizing the practices identified in the Stormwater Management Plan,
meet all local, County, State and Federal regulations and comply with CRS 30-20-
105.
5. No more than 420 gallons of used oil may accumulate in a six -month's time
period, and no accumulation shall be greater than that at any time. That
accumulation must be stored in a labeled container that meets the requirements
set forth in all local, State, County and Federal regulations for the proper storage
of used oil and other chemicals. The containers are then to be stored inside a
properly sized safety vault that serves as a containment basin and meet any
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
required containment and spill management requirements set forth by Federal,
State, and County and local regulation to prevent spills onto the property and
beyond.
6. Periodic mitigation measures to address fugitive dust shall be performed to
maintain the driveway at an acceptable level, no Tess than once a year.
7. Emission of smoke and particulate matter: Every use shall be operated so as to
comply with all Federal, State and County air quality laws, regulations;
8. Emission of heat, glare, radiation and fumes: every useshall be so operated that it
does not emit heat, glare, radiation or fumes which substantially interfere with the
existing use of adjoining property or which constitutes a public nuisance or hazard.
Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or
other such operations which may be required by law as safety or air pollution
control measures shall be exempted from this provision;
9. The Applicant shall prepare and submit a plan that uses Best Management
Practices for the purpose of storage of flammable, explosive solids or gases, or
other hazardous materials in accordance with the national, state and local fire
codes and written recommendations/comments from the appropriate local
protection district regarding compliance with the appropriate codes. This plan shall
be submitted to the Building and Planning Department for approval prior to the
issuance of the Special Use Permit;
10.Any repair and maintenance activity requiring the use of equipment that will
generate noise, odors or glare beyond the property boundaries will be conducted
within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri.
11. Any lighting of storage area shall be pointed downward and inward to the property
center and shaded to prevent direct reflection on adjacent property.
12. The Applicant shall place a stop sign at the intersection of the driveway and Cr.
337. The stop sign and installation shall be as required in the MUTCD (Manual on
Uniform Traffic Control Devices) and be installed and inspected by the Road and
Bridge Department prior to issuance of a Special Use Permit;
13. The Special Use Permit awarded herein shall only bean approval for the property
so long as the property is owned by Hank and Kamron Kracht. Once the property
is sold, the Special Use Permit shall become null and void and shall not transfer to
new ownership.
14. The Applicant shall plant 10 —12 evergreen trees along the southwest corner of
the parking area for the purpose of screening the vehicles associated with this
Contractor's Yard. The trees shall be planted prior to May 2009.
2
As you are also aware, this office cannot release a building permit for the expansion of the
shop / barn until all the provisions listed above have been met. Do not hesitate to contact
this office in the event you have any questions.
Very truly yours,
Fred A. Jarman, AI
Director, Building an Planning Department
970.945.8212
3
January 25, 2008
Mr. Walter E. Brown 01
801 Colorado Avenue
Glenwood Springs, CO 81601
BUILDING & PLANNING DEPARTMENT
RE: Land Use Application for a Contractor's Yard in the ARRD zone district for
Kracht
Dear Mr. Brown,
This office is in receipt of the Conditional Use Permit Application for a Contractor's Yard
for a property owned by Hank and Kamron Kracht submitted to the County on January 18,
2008. Upon review, Staff has found the Application to be deficient and requests that the
following items be addressed so that we can schedule the matter before the Board of
County Commissioners to determine if they prefer to refer the Application to the Planning
Commission.
1. The Application you submitted is for a "Conditional Use Permit" for a Contractor's
Yard in the ARRD zone district. Note that a Contractor's Yard requires a Special
Use Permit in the ARRD zone district. I have included the more appropriate Special
Use Permit form with this letter so that you may complete and resubmit.
2. The Application requires that if you will be using water or will be treating wastewater
in conjunction with the proposed use, please detail the amount of water that would
be used and the type of wastewater treatment. If you will be utilizing well water,
please attach a copy of the appropriate well permit and any other legal water supply
information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the
proposed use.
The well permit submitted with the Application states specific uses as permitted
uses which do not include a bathroom in a barn to accommodate a Contractor's
Yard. It appears the well presently does not provide legal water to this proposed
use. We suggest you contact the Division of Water Resources to determine if the
well permit can be changed to accommodate this additional new use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject
property, all existing and proposed structures on the property, and the County or
State roadwfly8sE lAn5greer,(Variei' jff ete'/lpd3d inlbyTh9fF69lroposing a new or
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
expanded access onto a County or State roadway, submit a driveway or highway
access permit. It is unclear from the site plan where the access is and where
parking and truck storage will occur. Please address this on a revised site plan.
4. Submit a statement that specifically responds to each of the following criteria from
Section 5.03 of the Zoning Regulations:
(3)
Design of the proposed use is organized to minimize impact on and from
adjacent uses of land through installation of screen fences or landscape
materials on the periphery of the lot and by location of intensively utilized
areas, access points, lighting and signs in such a manner as to protect
established neighborhood character.
The Application does not address how the use is planning to address visual impacts so as
to not adversely affect the neighborhood character.
Based on the points above, the Application has been deemed technically incomplete and
no further review can occur by this office until these deficiencies have been adequately
addressed. Do not hesitate to contact this office should you have any questions.
Very truly yours,
Fred A. Jarman, AICP
Director, Building and Planning Department
970.945.8212
May 30, 2008
BUILDING & PLANNING DEPARTMENT
Mr. Walter E. Brown III
801 Colorado Avenue
Glenwood Springs, CO 81601
RE: Land Use Application for a Contractor's Yard in the ARRD zone district for
Kracht
Dear Walt,
This office is in receipt of the additional information you submitted on May 13th, 2008
intended to supplement the initial application for a Special Use Permit Application for a
Contractor's Yard for a property owned by Hank and Kamron Kracht. As a result, Staff
has found the Application to be technically complete which means we have the information
needed to conduct a substantive review.
I have scheduled the matter to be heard at the regular public hearing of the Board of
County Commissioners for July 21, 2008 at 1:15 PM.
Please submit 10 copies of all the information you provided to Staff in your application so
that we may provide them to the Board of County Commissioners and review agencies for
their review. (You may submit reduced copies of all large plans.) Staff will need to have
these copies no later than June 21, 2008. Please review the public notice requirements
below:
(1) Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed use and nature of the hearing, and the date, time
and place for the hearing shall be given once in a newspaper of general circulation
in that portion of the County in which the subject property is located at least thirty
(30) but not more than sixty (60) days prior to the date of such hearing, and proof of
publication shall be presented at hearing by the applicant. (Note: Please see
attached letter from Post Independent.)
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
(3)
The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that if remains posted until and during the date of the hearing.
I have enclosed the appropriate notice and poster with this letter for the Board of County
Commissioners meeting as mentioned above for your convenience. Please note, Staff has
provided these documents as a courtesy. The Applicant must verify that all information
provided in these documents is correct. It shall be the obligation of the Applicant to correct
any deficiencies in these documents such that proper notice in form and substance can be
established.
Do not hesitate to contact me if you have any questions.
Very truly yours,
Fred A. Jarman, A1C
Director, Building & Planning Department
970.945.8212
BROWN & WILLS, LLP
Attorneys at Law
801 Colorado Avenue
Glenwood Springs, Colorado 81601
Walter E. Brown, III (970) 945-2361 Phone
H. Lawson Wills (970) 945-8903 Fax
April 2, 2008
Garfield County Building & Planning Department
Fred Jarman
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: Contractors Yard Application for Kracht
Dear Mr. Jarman,
Enclosed is a copy of a revised site plan showing the boundaries of the subject
property, all existing and proposed structures, parking and truck storage, and
the County roadways within (1) mile.
Thank you for your help with this matter.
e pectfully,
09elgv
Priscilla Prohl-Cooper
RECEIVED
APR 0 2 2008
GARFIELD
BUILDING & F'� r
Page 1 of 1
Fred Jarman
From: Walter E Brown III [wafter@brownwillslaw.com]
Sent: Tuesday, February 05, 2008 9:00 AM
To: Fred Jarman
Subject: Hank Kracht Contractor's yard application
Fred:
Thanks again for taking my call about this last night.
This will confirm that I met with Lee Leavenworth and he will get the water permit amended in about 60
days to allow for the bathroom in the barn. You indicated that the County will allow us that time to refile the
Special Use Permit and that this time will be treated as replacement time for the application and that Mr. Kracht
will not be charged with violation of the zoning code during this period. I assume you will tell Andy accordingly.
Again, my thanks for your assistance and I will have Lee get the permit amended.
Walt Brown
2/5/2008