HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
VARIANCE APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
> Street Address / General Location of Property: TBD Highway 82
Carhnnr]alp, rn
> Legal Description: See attached Exhibit E
➢ Existing Use of Property:
> Description of Proposal:
Vacant Land
Varaince from Front Yard Setback
Requi anent in the A/R/Rn Zone District
➢ Name of Property Owner (Applicant): Barbara Tunnicliffe
➢ Address: 12694 State Highway 82 Telephone: 970.963.2561
➢ City: Carbondale State: CO Zip Code81623 FAX: 963.3 928
➢ Name of Representative (if other than owner):
> Address: 811 Garfield Avenue
> City: Carbondale State: CO
Mark Chain
Telephone: 970 _ 963.03 85
Zip Code: 81623 FAX: 963.2916
STAFF USE ONLY
> Doc. No.: Date Submitted: TC Date:
> Planner: Hearing Date:
> Zone District:
RECEIVED
JUL 2 6 2007
L NG
IN
�:ALL PAN
Last Revised: 02/2006
Barbara Tunnicliffe
12694 State Highway 82
Carbondale, CO 81623
July 19, 2007
Mr. Fred Jarman Planning Director
Department of Building and Planning
108 8th Street
Glenwood Springs, CO 81601
RE: PERMISSION TO REPRESENT/LETTER OF CONSENT
Dear Fred:
Please consider this letter as authorization for Mark Chain of Mark Chain
Consulting, LLC to represent me in the processing of my application for a
variance on property that I own on State Highway 82 near the Town of
Carbondale. The property in question is directly across the State Highway from
where I presently reside. The parcel ID # for the property in question is 2793-
274-00-027. Mark Chain is hereby authorized to act on my behalf related to all
matters with the land use application.
Please contact me if you have any questions.
Sincerely,
�cvc 6wt�iu,R.04
Exhibit F
Variance Application for Tunnicliffe Property
TBD Highway 82, Carbondale, CO 81623
SUMMARY OF REQUEST
The request is for relief from the front yard setback of the A/R/RD Zone District.
Specifically, the relief requested is from the requirement of a setback 75 feet from
centerline of pavement from an arterial highway or 50 feet from the property line,
whichever is greater. The applicant requests that the front setback be reduced to
25 feet from the property line.
Reasons for the request are:
• The building envelope defined by code (in this case 50 feet from front
property line and 30 feet from the high water line of the Roaring Fork River) is
relatively confined.
• In addition to the confined building envelope in terms of setbacks, the building
envelope is further confined by the steep grade that rises from the river to the
proposed buildable shelf (see Exhibit A, Topographic Survey and Building
Envelope Exhibit, dated June 4, 2007).
• The owner has a need for a one story structure. Ms. Tunnicliffe has two
artificial hips, two bad knees and is a senior citizen. She presently lives in a
two story structure across Highway 82 from the subject site and has had to
have the structure substantially modified, including installation of an elevator.
It still is difficult for her to get around and receive visitors.
BUILDING ENVELOPE SIZE
The applicant is requesting a building envelope, assuming granting of the
variance, of approximately 6,824 square feet. The house will not be this large,
and the applicant has indicated that it will be approximately 3,000 SF of living
area in size. Applicant is asking for this envelope size because she is still early
in the site design process and would appreciate at least some flexibility. If the
variance is not granted, the building envelope will only be approximately 35 feet
deep as outlined by the code, and is relatively long and narrow. The building
envelope as allowed by code would be approximately 9,411 square feet in size.
Please see Exhibit A for a graphic representation of this information.
PROPERTY LOCATION
The subject property is located on the south side of Highway 82, and does not
currently have an address as it is vacant. The property is located directly across
the State Highway from Planted Earth Nursery and Retail Center and almost
directly across the Highway from the residential property currently owned by the
applicant. Vicinity Map is attached as Exhibit B.
Variance Application Page 1 of 4
Tunnicliffe
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the variance application review process works in Garfield County.)
1. Submit this completed application form (pages 1-3), base fee, and all submittal
requirements to the Garfield County Planning Department. It will be received and given to a
Staff Planner who will review the application for technical compliance.
2. Once the application is deemed is technically complete, the Staff Planner will send you a
letter indicating the application is complete and will request additional copies for the board
to review. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time
and date of your hearing before the Board of Adjustment. Prior to the public hearing, Staff
will provide you with a Staff Memorandum regarding your requested variance.
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested variance and the public hearing. If proper notice has not occurred, the public
hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed variance 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.
b. 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.
c. 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 it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of Adjustment at the time and date of
the public hearing at which time the Board will consider the variance request. In addition,
the Applicant shall provide proof at the hearing that proper notice was provided.
5. Once the Board makes a decision regarding the variance request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board.
1 have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
CL.;>_
(Signature of applicant/owner) Barbara Tunnicliffe
By Mark Chain
3
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Barbara Tunnicliffe
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for a variance from front
yard setback in the A/R/RD Zone Dist (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
�CL
Signature
Date: 7 r ? r_ o2
Mark Chain for Barbara Tunnicliffe
Print Name
Mailing Address: 811 Garfield Avenue
Carbondale, CO 81623
10/2004
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Lots 9 and 13 of Section 27, Township 7 South, Range 88 West of the 6th P.M., Garfield
County, Colorado, lying Southerly of the Southerly right of way line of Colorado State Highway 82 as described in Book 445
at Page 505 of the records of the Garfield County Clerk and Recorder, and lying Northeasterly of the centerline of the
center channel of the Roaring Fork River, said parcel of land being more particularly described as follows:
Beginning at a point on the Southerly right of way line of said State Highway No. 82, also being the the Southwest Corner
of the strip of land described in said Book 445 at Page 505 whence the E% Corner of said Section 27 bears N. 72°00'30"
E. 2346.10 feet;
thence S. 89°51'30" E. 0.50 feet along said Southerly right of way line;
thence S. 88°56'00" E. 401.10 feet along said Southerly right of way line;
thence N. 89°54'30" E. 81.16 feet along said Southerly right of way line;
thence South to a point in the center of said center channel of the Roaring Fork River;
thence Northwesterly along the centerline of said center channel of the Roaring Fork River to a point which lies directly
South of the Point of Beginning;
thence North to the Point of Beginning.
L vet
111101110 1111111 111 1111111 III 1111111 III 111111111111! 7-D LV4.d�
689895 01/04/2006 01:26P B1761 P447 M ALSDORF
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WARRANTY DEED
THIS DEED, made January 3, 2006,
Between MIKE OTTE and PATRICIA K. OTTE
of the County of Pitkin, State of CO, Grantor,
AND BARBARA TUNNICLIFFE, Grantee
whose legal address is 12694 HWY 82, CARBONDALE, CO, 81623
of the County of Garfield, State of CO
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the Grantee, his heirs and
assigns forever, all the real property together with improvements, if any, situate and lying and being in the County
of Garfield, State of COLORADO, described as follows:
See Attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,
right, title, interest, claim and demand whatsoever of the Grantor either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the
Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of the presents, it is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth
on Exhibit 'B" attached hereto and incorporated herein by reference. The Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, his
heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all
gende s.
IN WITNESS WHEREOF the G antor has executed this deed.
MIKE OTTE PATRICIA K. OTTE BY MIKE,tTTE
AS HER ATTORNEY-IN-FACT
STATE OF Cc, 't d0
ss
COUNTY OF L«,V.-
The foregoing instrument was acknowledged before me this 26
by MIKE OTTE individually and as attorney-in-fact for PATRICIA K
day of January, 2006,
. OTTE
WITNESS my hand and o ficial seal
my commission expires.- 36
B4312L
1111111 11111 1111111 111 1111111 III 1111111 III 1111111111111
689895 01/04/2006 01:26P 81761 P448 M NLSDORF
2 of 3 R 16.00 D 44 00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Lots 9 and 13 of Section,27, Township 7 South, Range 88 West of the 6th P.M., Garfield
County, Colorado, lying Southerly of the Southerly right of way line of Colorado State Highway 82 as described in Book 445
at Page 505 of the records of the Garfield County Clerk and Recorder, and lying Northeasterly of the centerline of the
center channel of the Roaring Fork River, said parcel of land being more particularly described as follows:
Beginning at a point on the Southerly right of way line of said State Highway No. 82, also being the the Southwest Corner
of the strip of land described in said Book 445 at Page 505 whence the EY. Corner of said Section 27 bears N. 72°00'30"
E. 2346.10 feet;
thence 5. 89°51'30" E. 0.50 feet along said Southerly right of way line;
thence S. 88°56'00" E. 401.10 feet along said Southerly right of way line;
thence N. 89°54'30" E. 81.16 feet along said Southerly right of way line;
thence South to a point in the center of said center channel of the Roaring Fork River;
thence Northwesterly along the centerline of said center channel of the Roaring Fork River to a point which lies directly
South of the Point of Beginning;
thence North to the Point of Beginning.
111111111111111111m111111111111111E1111111111111111
690195 01/10/2006 10:41P B1762 P936 N RLSDORF
1 of 2 R 11.00 D 0.00 GRRFIELD COUNTY CO
SPECIAL WARRANTY DEED
THIS DEED, Made January 9, 2006
between BARBARA TUNNICLIFFE
L Obit
OR 'S IN ML
N $,41eiy-DE/'OM i
#,ill0
of the County of Garfield and State of CO,
of the first part, GRANTOR and BARBARA MARY TUNNICLIFFE LIVING TRUST
UTA DATED NOVEMBER 5, 2002
whose legal address is: 12694 HWY 82, CARBONDALE CO 81623
of the County of Garfield and State of CO,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other
good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of GARFIELD and State of COLORADO, to wit:
See Attached Exhibit "A"
One DoT.
Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of
the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim
the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER
DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF, tI1e said parties of the first part have hereunto set their hand(s) and seal(s).
V'Cr>u ,y +GM/v1I'/
BARBARA TUNNICLIFFE
STATE OF(,I)
SS
COUNTY OF cliec, IC )
The foregoing instrument was acknowledged before me this Cry day of _IC,ti�t,
2006. By: BARBARA TUNNICLIFFE
WITNESS my hand and official seal
my commission expires: (l% C ? L'Cr}
B4312L
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Nbtary Public
111111111111111111111111111111111111111111 1111111111111
690195 01/10/2006 10:41H 81762 P937 M RLSDORF
2 of 2 R 11.00 D. 0:00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Lots 9 and 13 of Section 27, Township 7 South, Range 88 West of the 6th P.M.,
Garfield County, Colorado, lying Southerly of the Southerly right of way line of Colorado State Highway 82 as
described in Book 445 at Page 505 of the records of the Garfield County Clerk and Recorder, and lying
Northeasterly of the centerline of the center channel of the Roaring Fork River, said parcel of land being more •
particularly described as follows:
Beginning at a point on the Southerly right of way line of said State Highway No. 82, also being the the Southwest
Comer of the strip of land described in said Book 445 at Page 505 whence the E% Corner of said Section 27
bears N. 72°00'30" E. 2346.10 feet;
thence S. 89°51'30" E. 0.50 feet along said Southerly right of way line;
thence S. 88°56'00" E. 401.10 feet along said Southerly right of way line;
thence N. 89°54'30" E. 81.16 feet along said Southerly right of way line;
thence South to a point in the center of said center channel of the Roaring Fork River;
thence Northwesterly along the centerline of said center channel of the Roaring Fork River to a point which lies
directly South of the Point of Beginning;
thence North to the Point of Beginning.
c
/01(0'A //ivy
CZ-
PROPERTY OWNERS WITHIN 200 FEET OF TUNNICLIN'NE PROPERTY
Town of Carbondale 239327400025
511 Colorado Avenue
Carbondale, CO 81623-2067
Henry Harris Hite Revocable Trust 239334100382
P.O.Box 155
Woody Creek, CO 81656
Pamela Finney McPherson 239327400011
12665 Highway 82
Carbondale, CO 81623-9505
Yasukuni C. Tribble 239327400006
Susan Tribble
12644 Highway 82
Carbondale, CO 81623
Divide Creek Land & Cattle Co. 239327401003 and 239327401004
12744 Highway 82
Carbondale, CO 81623-9506
Michael Keith Stahl 239327400036--
12905 Highway 82
Carbondale, CO 81623-9505
Thomas S. Joiner 239327400035
Mary Beth Joiner
12907 Highway 82
Carbondale, CO 81623-9505
Colorado Department of Transportation
4201 E. Arkansas Avenue
Denver, CO 80222
Exhibit H
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92 • L999 9umblpY
14
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992 l92 Yuimolpv 9 -
9
3
PROPERTY DESCRIPTION
The subject property is 2.57 acres in size and is owned by the Barbara Mary
Tunnicliffe Living Trust. The TAX ID # for the property is 2393-274-00-027. The
site is bounded by State Highway 82 to the north and the Roaring Fork River to
the south. The southern boundary of the property goes to the centerline of the
river channel.
The proposed building site is located on top of a fairly flat terrace that is
approximately 25 to 35 feet above the Roaring Fork River. The river bank along
the south portion of the site is very steep down to the south (river). Slopes range
from 20% to 38%, depending on location. Vegetation on the site consists of
sagebrush with scattered deciduous trees, meadow grasses and weeds.
MITIGATING CIRCUMSTANCES UNIQUE TO THIS PROPERTY/LOT
The property is impacted by both the Highway and the river, In terms of the
highway, State Highway 82 is relatively wide at this location and the property line
is located 77.95 feet from the edge of the pavement.
The Roaring Fork River impacts the property in two ways. First, as mentioned
above, the property line goes to the centerline of the river, so a portion of the lot
is obviously unusable from a development perspective. Second, the buildable
portion of the lot sits on a shelf perched above the river (described above). This
elevation change and the accompanying steep slope further compromise the
buildable area. The 30 foot river setback also affects the amount of buildable
envelope, but this is not as much of an impact given the steep slope, shape of
the lot and the location of the 50 foot setback line from Highway 82 Right -of -Way.
A final issue to note is the fact that CDOT has obtained permanent easements
across the property (See survey dated 09/03/02 Attachment C). Specifically, the
easement recorded as Reception # 258718 takes away all potential of having
even a small building envelope on the eastern portion of the property (this portion
of the property would have been virtually unbuildable unless more extensive
variances than are currently being requested were granted for the eastern portion
of the property).
VARIANCE CRITERIA
This next section addresses the three criteria which the Board of Adjustment
must address as part of any variance application. Responses are noted in italics.
Section 9.05.03 (1): That the variance granted is the minimum necessary to
alleviate such practical difficulties or undue hardships upon the owner of said
property:
Variance Application Page 2 of 4
Tunnicliffe
s z dobrded at 1:0
Reoeptie-0Ha E
0011 FOA N0;-702
Previously,R-,Q.W. Form Ri
-Revised Apti 1.971
B86kF4k5
b08$(3) 'ager 507
Carb004ele,{r; >E4et
:$1.{.,'E-9Ar E -9R ;
,r).:`{) HLIl 27i y.
°P E'k-' W4 -N E'N'Ti
EA8Eli;E-:1
MAAY:EUNSER
KNOW°-ALL'MEN.BY'TEESE PRESENTS. iheC
Colorado-..
of Garfield .County, State
�f; Grantor(s), for and'in considerationof the sum
of ONE DOLLAR ($1.00), and other'QA10abte kpnsideration,-in hand paid by.-
STATE DEPARTMENT.:OF HIGHWAYS,.=DIVISION .OF HIGHWAYS,: STATE OF COLORADO ..
Grantee(s), receipt of which is hereby acknowledged, hes given and granted and by
these presents does hereby give and grant unto the said Grantee(s), lte heirs,
successors,: andassigns a PERPETUAL EASEMENT on, along, over and across the follow-
ing described premises, to -wit:
A tract orparcelof land No, E-9 Rev. of the State Department of Highways,
Division of Highways, State of Colorado, Project No. S 0082(3) containing 0.688
acres, more or less, in Lot 9 of Section 27, Township 7 South, Range 88 Weat, of
the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel
being more particularly described as follows:
Beginning at a point on the easterly property line, from which the E' cor-
ner of Sec. 27, T. 7 5., R. 88 W., 6th P.M. bears N. 59° 17' 30" E., a distance
of 1,432.1 feet;
1.
2.
3.
Thence S. 89° 54' 30" W. a distance of 200 feet;
Thence South a distance of 150 feet;
Thence N. 89° 54' 30" E. a distance of 200 feet to the easterly prop-
erty line;
4. Thence North, along the easterly property line, a distance of 150 feet,
more or less, to the point of beginning.
The above described parcel contains 0.688 acres, more or less.
ALSO PARCEL NO. E -9A
A tract or parcel of land No. E -9A of the State Department of Highways, Div-
ision of Highways, State of Colorado, Project No. S 0082(3) containing 0.043 acres,
more or less, in Lot 9 of Section 27, Township 7 South, Range 88 Weat, of the Sixth
Principal Meridian, in Garfield County, Colorado, said tract or parcel being more
particularly described as follows:
A strip of land 30.0 feet in width, 15.0 feet on either side of the follow-
ing described centerline:
Beginning at a point on the west property line in Lot 9 of Sec. 27, T. 7 S.,
R. 88 W. of the 6th P.M., from which the E' corner of Sec. 27 bears N. 69°33'30" E.,
a distance of 2,381.3 feet;
1. Thence 5. 197 51' 30" E. a distance of 13.0 feet;
2. Thence S. 54° 51' 30" E. a distance of 50.0 feet;
The above described parcel contains 0.043 acres, more or leas.
Exhibit D
A tract 9r pproeJ of lapd 1¢; E„» Rf,tll et4tg D,gpartmfloc pt!4hwaye, Div-
ision of itt hyaye;: 8rgtg of Oplorgdoj, Projeot No; 5,0092(3) centnt4p8 0,121 a4ree,
more or laes, in LW; 9 of PegtL it 27+ 1'9ah#, 7,Op h, Rah e 8 of he Sixth
Principal F”' p ut 8 F'aea� t
p llyridiaa, in Garfie}o Pqo.¢�it (}o Lgtado4r aa, .d t(Ga4t or pgroel 4eing more
particularly deer gibed as fol�.oNp; ,
A strip of land 50,04ee6p' yidth, 25.Q feet on either gidelgf the fo11oy--
ing described centerline:
Beginning at a point in `1,ot 9 of. Sec, 27, T. 7 S., R. 88 W,, of the 6th P.M.,
from which the, Et corner of Sec, 27.beara E, Be 11' E., a distance_' of 1,969.9 feet;
1. Thence S 39° 991W..e..diatanpa Rf 105.0 feet...,
The above described parcel contains 0.1E1 .acres, more or less.,.
�C3
! a 7 ('
S
0 c 'o
ffiN-3 F.3
yl`� t., Og rt o
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b I F
for the purpose of a road approach, covered pipeline, and drainage.
01
On
And the Grantor(s) hereby covenant(s) with the.Grantee(s) that she has good
title to the aforedescribed premises; that she has good and lawful right to grant
this Easement; that she will warrant and defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
Signed this first day of Tune 19 73
STATE OF MJ{MNAM California
County of San Diego
)ss.
MARY JER
The foregoing instrument was acknowledged before me this
Tune
19 73 by
My commission expires May 2. 1976
Witness my hand and official seal.
Response: The proposed building envelope is relatively small, and is in fact less
than three quarters of the size of the building envelope that would be allowed by
code.
Section 9.05.03 (2): That such relief may be granted without substantial
detriment to the public good and without substantially impairing the intent and
purpose of the Comprehensive Plan or this Resolution; and
Response: The public will not be harmed by the granting of the variance. The
intent and purpose of the Comprehensive Plan or the Zoning Resolution will not
be compromised. Granting of the variance will be consistent with the goals of
avoiding natural hazards and unsafe conditions while still allowing an owner
reasonable use of their property.
Section: 9.05.03 (3): That the circumstances found to constitute a hardship were
not caused by the applicant, and are not due to the result of general conditions in
the zone district and cannot be practically corrected.
Response: Circumstances were not caused by the applicant, are not a general
condition of the zone district and cannot be practically corrected. Conditions
were caused by the relationship of State Highway 82, the Roaring Fork River and
the steep river bank in relationship to the property dimensions and setbacks.
Variance Application Page 3 of 4
Tunnicliffe
M
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N
Highway 82
�VA\-C'\At\\`\.A�_A\\ V_V��V� '�V\VvN� ,�ti\
AAS �_ V A\VSA V���\ V'\A. A \ \H' h 82 'Edge 'of Pavemen
\ V A� A V @
� V A \ A v - V A v` A V.\VA
Power Pole
\VA \ V V \ VAS A V�� y V - A \ A
\\\\\� \\\v��\�\\\�\\�V`� y\ ' \\*‘\\ . .\v
\'��\ \'\ \� \\\N \�`\\ \\' HWY 82 ROW ( 2.518 acres) \\\�;\\�' \\\ , \\, �\ \ \,,\\ �\
vvv\. vvv V \v \\*\\
Found CDOH
ROW Marker
Elev = 6153.35
Found CDOH
ROW Marker
Elev = 6150.58
Found YPC
PLS #14111
Elev = 6150.48
\\ V A \1\\\\\\\N\
j\ V V A \
VA\\VN\\
\ \ \ \ 1489a`4'BQ't
\��\\�\\\\yVA\� VAV A y V \\AN A\� �A V A�A \\ \. V�
\ \ V A A VA Pdwen \ \
th re \\ \.\\\ \\\\ . \\\ \\\\\\\\ \ \\\\N\\\\\ \
402.10'
10.00' Offset
equested Building
velope Variance
281'.89 Sq. FI.
Proposed Building
Envelope
6823.47 Sq. Ft.
Tract A/ -
Found YPC
PLS #14111
W
Original Building Envelope
wr 9410.89 Sq. R.
Barbed Wire Fence
Found YPC
cerPLS #14111
• 30.00' Offset
High Water
Mark of River
Found YPC
PLS #14111
Elev = 6144.94
8
0
8
Tract B
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trig F41
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at gi
Approximate location of property line
Approximate location of property line
Properly lines extend to centerline of
the center channel of the R.R. River
Property lines extend to centerline of
the center channel of the R.R. River
Tar
an
W
N y
u O�
OO
. 41
a a
Crigjj
O COa
FO C
o m
F-
Eo
00
100
a
GRAPHIC SCALE IN FEET
1INCH 5 50 FEET
CONTOUR INTERVAL- 2 FEET
>-
m
0
2
u
0
e
0
N
U
N
GRAPHIC SCALE Iy,FEET'-
1INCH= 1EWFEET
1".'S..TAh "n<
NE
L2
BEARING
5 19551 SD'E
1'30'4
PERUANENI EMS. DEPT . E401560 I
o -o4 C. A 258218
0O06 445 PAGE 50]
KE
00p 50
13.00
7UNN1
eta fie Lot Hwy 82
LINES IN SPACE
LAND SURVEYS
544
PG 10
wtrE�_
WptER f 'ex"'
0/ sl H/
R J %T
OL /
OG%
NG F
0
ROAR)
COLORADO STATE HIGHWAY 82
GAT
PERT/ANENT 110 DEPT. EASEMENT
Boon 445 • PAVE 5127
LEGAL DESCRIPTION
e
10154 "HE 1 41.16
/
GUY WIRE
A parcel of load tilu ted In Lora 9 and 13 Of Section 2I. loons/sip ] South.
Range 88 west of he 6th Princlpol Meridian. Gor/field County. Colorado. lying
o her ly o! M1e Sou th.r1 right Df -.a Ileo of Colorado Smn HI h.oy xh. 01 a.
and d..creb.d er Bool 445 at gage 505 of toe r cords er rhe Gafl teed a006 y CI.tk
the RDmine ForkRiversaid oto land a beings. rane of che ularly deco bed ase
fol o... 9 parcel g particularly y
Beg tnnina 46
of o point on the Southerly right -of -soy line 1 n d State Hlgh.oy
No. 82 Iso 0.6 he Southwest Corner I the tie!? of land described to said
Book 945 o Po 505 .Fence the 0 124 Cnrn.r f t 'd Santa. 27 bears x
7r0030' E 2346.10 fest' ih., . 5 8.51 30' E 0.50 hat ole o4so'd Sooth.rl
right -of -soy line: thence 5 88.56'00' E 401.10 feet along sotd SoYutherly .ghl-
oineoytline hems thence N 89'54'30' Eth 81.16 feet oloi9 said Souer therly ofthe
Roarrnp Fork Riser'. ,hen?also
e x0rth.ecur lyler of al oo, oto. enrnr line f old c
Poin'e ofalfe tie Roaring :Rance Narthr ro thepPoont afc B.li..tdi..oI ly Soo rb of teiha
glnoingi ylnning.
N
s
0-
SCALE: 1"=20'
ILL
CERTIFICATE
SYDNEY L1 OC1004E. HEREBY CERTIFY THAT THIS 5060EY RAS PLOTTED MN FIELD N01E3 OF A
SURVEY PERFDRIR0 UNDER SUPERVISION eN NOVEMBER 99B NU CORRECT 18 E GEST OF MY
RNCRLEOGE AND BELIEF.
THE AS BUILT 00106680 WAS SURVEYED wear 22. 2002 AND MOED TO MIS PLAT.
LEGEND AND NOTES
• 601010 REDAR 4 CAP
O SET MOM 4 CAP L.S. 14111
0 IRRIGATION STANCHION PIPE
O POWER 80LE
— EDGE OF RATER
-11.-006604AD UTILITY LINE
—R—FENCE LINE
EDOE O6 00106640
CENTERLINE Of CENTER CHANNEL OF 65204X6 FORK RIVER IS 160EIERNIHA.E
BOUNDARY SURVEY
A Tract of Land in Sec. 27 T.7 S.
R.88 W.. 61h P. M.. Garfield Co.. Co.
Br LINES IN SPACE
SYDNEY LINCICOME I L.S. /4 / 1 / I
BOX La CARBOAVAE£ COLO 303.963-3851
OA IP 09/03/02 SCALP r • 10' A8 /A: 98098