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HomeMy WebLinkAbout3.0 CorrespondenceNovember 1, 2002 Mr. and Mrs. Damon Wells 1795 County Road 245 New Castle, Colorado 81647 RE: Variance Approval Dear Mr. and Mrs. Wells, BUILDING & PLANNING DEPARTMENT As you are aware, the Garfield County Board of Adjustment moved to approve the front yard setback variance request on September 23, 2002 by a unanimous vote of 4 to 0. Subsequently, you contacted this office regarding a formal verification of the variance request approval. I have enclosed a copy of the Resolution No. 2, Series of 2002 which has been signed and recorded in the Garfield County Clerk and Recorder's Office. This Resolution is an official county document that memorializes the action taken by the Board of Adjustment on your variance request. In the event you have additional questions regarding your approval or this Resolution from Garfield County, please do not hesitate to contact me. Sincerely, Fred Jarman, S 970.945.8212 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 July 25, 2002 Mr. Damon Wells 1795 County Road 245 New Castle, Colorado 81647 RE: Variance Request Dear Mr. Wells, BUILDING & PLANNING DEPARTMENT The purpose of this letter, as you requested, is to provide you with the Garfield County Planning Staff' s initial opinion of your variance request for an encroachment by 3.1 feet into the front yard setback of your property. It is clear, the residential dwelling you are currently in the process of constructing was found to be in violation of the Garfield County Land Use Code regarding building in the front yard setback. As a result, this office sent you two letters which I have attached to this letter for your convenience. Please see attachments A and B. You have subsequently submitted an application request for a variance from this setback requirement from the Garfield County Board of Adjustment. As a result of our phone conversation on July 25, 2002, you requested I provide you with Staff's initial opinion of your request in seeking a variance to remedy the setback violation. In our conversation, I provided you the most significant language in one of the review standards used to determine hardship in a variance request which is stated in Section 9.05.03 (3) of the Garfield County Zoning resolution as follows: 3. That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; I also indicated to you after discussions with the County Attorney's Office that, as you are the property owner, you are ultimately responsible for what occurs on your property either directly or indirectly regarding this standard. For example, and as you indicated to me regarding your present violation, a subcontractor, surveyor, or another third party may have moved the stakes in the ground used to delineate the proper boundaries; as a result, the house has been constructed in its present condition to different dimensions creating the violation. It appears, while this violation may not have 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 been caused by you directly, it is the result of someone constructing the dwelling on your (the owner's) behalf As a result, you asked me what Staff's likely recommendation to the Board of Adjustment would be given the aforementioned discussion; I indicated that based on the review standard provided above, Staff would likely find that the circumstances surrounding the request for a hardship were caused by the applicant (albeit potentially indirectly) and as a result, Staff would likely recommend the Board of Adjustment deny the application. Please note, the foregoing comments are advisory only and are not binding on Garfield County. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right. If you have further questions, please contact the Garfield County Deputy Attorney Carolyn Dahlgren in the Garfield County Attorney's Office, 970.945.9150. Sincerely, Fred Jarman, Senior Planner July 18, 2002 Mr. & Mrs. Damon & Amanda Wells 1795 County Road 245 New Castle, CO 81647 Dear Mr. & Mrs. Wells, BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett(ai Barfield -county. com This office has placed a "Stop Work" order on your residential construction project, permit 8350, at 33 Lupine Lane in Parachute. The building was being constructed in a position that is encroaching into the setback at the front of the property. It is a violation of CRS 30-28-124 & 124.5, zoning regulations, to build in the setback area. You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not mon than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below, or by e-mail at the addres above. Sincerely, Steve Hackett Compliance Officer 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970). 384-3470 4-L Code Compliance Office shackett(i garfield-countv.com July 22, 2002 Mr. & Mrs. Damon Wells 1795 County Road 245 New Castle, CO 81647 Dear Mr. & Mrs. Wells, Today I authorized your contractor to partially continue work on permit 8350 in order to protect the building He is specifically permitted to continue installing doors and windows on the exterior and to place the roof. This authorization to continue, in spite of a "stop work" order having been placed due to encroachment into the front yard setback, is for the purpose of protecting the building from exposure. Please keep in mind that the work is at your own risk and that the violation of our setback regulations will not be resolved until a variance application has been heard by the county Zoning Board of Adjustment. Yours ttuly, Steve Hackett Compliance Officer