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HomeMy WebLinkAbout2.0 BOCC Staff Report 5.19.03Exhibits forNicola CUP Public Hearing held on May 19, 2003 Mail Recei Proof of Publication Garfield County Zoning R lations Garfield Coun ve Plan of 2000 lication Staff Memorandum Referral Comments from Road and Bri ment dated 2126103 Photos of Letter of rt from Gary Tillotson Letter of S rt from Ralph Fritzlan and Letter of S rt from Robert and Charmane Graham A B C D E F G H I J K PROJECT INFORMATION AND STAFF COMMENTS BOCC 05119103 FAJ Conditional Use Permit to allow for "storage" in the NI zone district. Duff Nicola 51 1 1 CR 346, South of Silt, CO Approximately 7 acres County Road 346 Well ISDS NT REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: I. DESCRIPTION OF THE PROPOSAL A. Project Description The Applicant requests the Board approve a conditional use permit for "storage" which would allow the Applicant to store tractor and trailer types of trucks on his property which currently serves as his residence. Specifically, the Applicant owns a trucking business and stores tractor and trailers on his property when not in use hauling material / products such as magnesium chloride and road salt around and in and out of the state. The Applicant has 5 enddumps, 2 dump trucks, and 3 water tankers, and 3 tractors parked on the property at varying times. The business operates 24 hours a day. When the tractor trailers are not in use, they are stored at the Nicola residence. Some of the drivers (employees) of the trucks will drive their personal vehicles to the Nicola property, pick up their tractor / trailer they will use to haul materials and then retum the tractor I tratler to the Nicola property for storage when the job is completed. No loading or unloading of materials, washing, or mechanic work is done to any of these trucks on the Nicola property. Lastly, the Applicant has a small office within the residence which handles the calls requesting trucking service. The main shop is located in Grand Junction where maintenance is done. B. Site Description The Nicola property is located north of and adjacent to CR 346 and south of the Colorado River and Interstate 70, south of Silt, Colorado. The property contains approximately 7 acres, is gently sloping towards the Interstate, sparsely vegetated, and contains the Nicola single family dwelling. The Last Chance Ditch runs in an east to west direction through the middle section of the property. The Applicant has created two large parking areas; one located south of the ditch and I II. tlre other located north of the ditch access across the ditch by a wooden bridge. The parkingarea south of the ditch near the residence has been improved to a roughly paved surface with an asphalt like material in order to keep the site from becoming too muddy with the movement of these healy trucks. Staff conducted a site visit to the property with the Applicant to verify the condition of the property. At the time, there was one tractor and 7 trailers parked in both areas on the property in addition to two employee vehicles. C. Background The property owner was cited for a zoning violation by Steve Hackett, Garfield County Compliance Officer on May 18'n, 2000, for the storage of large tractor I trarler type trucks on the property which is a zoning violation because the property currently does not have a conditional use permit for that use. The citation placed the owner on notice to remedy the zoning violation by applying to the county for a conditional use permit for "storage". That is the reason the applicant has applied for this permit. REVIEW STANDARDS Conditional Uses are subject to the standards in Section 5.03 of theZoning Resolution. In addition, the proposed use shall be consistent with Garfield County's definition of a home occupation listed in Section 2.02.29 of the Garfield County Zoning Resolution. Staff has provided the standards in bold italics below followed by a Staff Response. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepte-d engineering standurds aid apprdved by the Board of County Commissioners shall either be inplace or shall be conitiucted ii conjunctioi with the proposed use; (A97-60) Staff Finding The current operations do not require any utilities for water or sanitation. The drivers arrive at the property and pick up their truck and leave. The trucks are not washed or mechanically maintained at the property. Because the property is only used for truck / trailer storage only, no activity occurs that requires utilities for water or sanitation other than the utilities that serve general living within the Nicola Residence for the Applicant. Staff finds this standard is met. 2) Street improvements adequate to accommodate traffic volume -generatgd ^by -theproposed use and to proviiie safe, convenient access to the use shall either be in place br ihall be construcied in conjunction with the proposed use; Staff Finding At present, access to the property is a driveway off of CR 346. The Applicant asserts that CR 346 was chip and sealed about 3 years ago and it has sustained no damage as a result of his trucks traveling the road. The driveway was put in place and permitted by the Road and Bridge Department. The Road and Bridge provided comments (see Exhibft G) which recommend that the driveway have an asphalt or concrete apron installed where it meets the county road. The size of the apron will be 2}-feetinto the driveway, 4 inches in depth and the width ofthe driveway. The apron will be attached to the paved surface of CR 346.|n addition, the road and Bridge Department recommends that no truck or trailer parking be allowed on the south side of CR 346. Staff has included these comments as conditions of approval. As far as traffic is concerned, the Applicant does not specifically state how many trips are generated daily, weekly, ormonthly to and from the property. Rather, the Applicant states the schedules of trips are randomly determined by the particular hauling jobs requested, although the majority of the trucks are stored at the property on the weekends. Based on the comments provided by the Road and Bridge Department, it appears this standard can be met as it relates to the county road. 3) Design of the proposed use is orgunized to minimize impact on andfrom adjacent uses^ of land throu^gh ihstallation of sZreenfences or landscape material,s on the perip4rry gf the lot and by location of intensively itilized areas, accbss points,lighting and signs in such a manner as to protect established neighborhood character; Staff Finding At present, the fact that the "storage" of large tractor/trailer trucks on this particular piece of property is an issue is because it is highly visible from CR 346, Interstate 70, and adjacent properties. Therefore, the impact on adjacent land uses is not presently screened by fences or landscaping material. Further, due to the size of the vehicles stored on the site and the open area where they are stored, Staff finds that in order to fully screen the use either with fencing or vegetation would take serious measures as the use can be seen from virtually all adjacent properties. Presently, the Applicant has not met this standard, although he indicated he would plant some screening trees along the front of the property attempting to screen the property from view from CR 346. Based on the magnitude of screening necessary and the nature ofthe property, Staff finds this standard is not met. B. Section 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The site where tractorltrailers are parked ("stored") is actually comprised of two separate areas separated by the Last Chance Ditch. Access is provided to the most northerly parking storage areaby a wooden bridge across the ditch constructed by the Applicant. Because the property gently slopes in a northward direction from CR 346 to the Last Chance Ditch, there may be an impact to the ditch by storm water runoff from the southerly parking area which has been somewhat paved. The runoff has not been calculated as it would enter the ditch. In addition, the fact that heavy trucks /trailers are parked on that surface that may leak oils or other hazardous liquids from the vehicles which would also be collected by the runoff directed into the Last Chance Ditch. This issue is further exacerbated by the fact that the Last Chance Ditch will ultimately affect down flow properties and the Colorado River. Staff finds that this standard has not been addressed and is not met. b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanationsl Staff Finding The Applicant stated, due to letters sent in by adjacent neighbors, there have been no problems due to the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations from the trucks parked on the property. It would appear, the only time these issues might become apparent is when the trucks are either entering or leaving the property. Staff finds this standard is met. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding The Applicant states there is no impact to wildlife. The property appears to be fenced in some areas but not fully enclosed so that passage of wildlife could occur. It is unclearhow much and what type (if any) vegetation was removed in order to create the two parking areas where the trucks are stored. The area disturbed on the property by the truck storage activity is approximately % to 1 acre on a7 acre property. Staff has no knowledge and the Applicant has not demonstrated that any disturbance to wildlife migration routes exists or the extent prior vegetation was disturbed on the site. As a result, Staff finds this standard has not been adequately addressed. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding The Applicant indicates that, at a maximum, there would be a total of 5 enddumps, 2 dump trucks, and 3 water tankers, and 3 tractors parked on the property. The Applicant has not specifically demonstrated the number of trips generated to and from the property by the trucks stored on the property either by day, week, or month. Rather, the Applicant states the schedules of trips are randomly determined by the particular hauling jobs requested, although the majority of the trucks are stored at the property on the weekends. The Applicant indicated there have been no complaints by neighbors as to the traffic generated from the site. As to the impact on county roads, Staff referred the request to the Road and Bridge Department who recommended that the driveway have an asphalt or concrete apron installed where it meets the county road. The apron will be attached to the paved surface of 4 2) CR 346. In addition, the road and Bridge Department recommends that no truck or trailer parking be allowed on the south side of CR 346. Staff has included these comments as conditions of approval. Based on the this information, Staff finds the Applicant has not affirmatively shown the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Therefore. Staff finds this standard has not been met. e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding The subject property is located in a relatively rural area. The nearest neighbor to the east is approximately 1 acre away from the parking area and the property to the west is vacant. The Applicant owns the property directly across CR 346. It appears this standard is met. f) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Staff Finding It appears that the main impacts from this use of storing tractorl trailers on the property include appropriate screening of the use, impacts to wildlife, potential for non-point pollution from run-off into the Last Chance Ditch and the neighboring property to the west, physical impacts to 346 from the property's driveway, and any traffic impacts currently unknown. The Applicant only proposes to plant some trees to screen the use from portions of CR 346. Staff finds the proposed mitigation efforts to not adequately address this standard. Therefore. this standard is not met. Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will tre issued; Staff Finding The Applicant indicates that no site rehabilitation is needed because the area is only for storage to park equipment. Staff is concemed as to the surface material the Applicant has put down in the parking area as you enter the property so that the ground doesn't get too muddy with the movement of large trucks. Originally, Staff is unclear as to the natural state of the parking areas (grass/ weeds/ dirt/ trees) prior to their current status, one parking area has a dirt surface and the other has a somewhat paved appearance. In addition, storage of these vehicles will most likely result in oil, gas, and other automotive liquids being deposited on the property such as magnesium chloride which will need to be addressed in a rehabilitation plan. The Applicant has not provided any rehabilitation plan dealing with these issues. This standard has not been met. Staff has required, as a condition of approval, the Applicant shall be required to consult with Steve Anthony, the Garfield County Vegetation Manager, prior to the issuance of a 5 Conditional Use Pemit so that a proper site rehabilitation plan is formulated and approved by the Vegetation Manager. b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissionersl Staff Finding The Applicant has stated this is not applicable to this use. The only rehabilitation for the site at this point would be the removal of the hard surface for the parking area on the south side of the Last Chance Ditch and its return to the status prior to being paved. Otherwise, once the trucks and their trailers leave the site, then the physical elements of the use are gone. Staff requests the Board make a determination of whether a bond shall be secured for any rehabilitation of the site in the event the use is terminated. If, the Board believes a security is required, it shall be made a condition of approval. c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A.93-061) Staff Finding The Applicant has stated this is not applicable and that there are no air problems or impacts as stated in the impact statement. Staff has provided a response to the following standards for Section 5.03.08. Staff finds, on the whole, the Applicant has not adequately addressed these standards. C. Section 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimtzeheat,, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) Staff Finding The application does not contain any datato support the Applicant's claim that the volume of sound generated from the use complies with the standards set forth in the CRS. The only statement made indicated the only noise is that of a truck either leaving or entering the site. In addition, the Applicant states all neighbors say they do not hear the trucks and that the Applicant does not have neighbors living close to them. Colorado Revised Statute 25-12-103 indicates the maximum permissible noise levels for e residential zone is 55 db(A) from 7:00 am to 7:00 pm and then is reduced to 50 db(A) from 7:00 pm to 7:00 am. Sound levels of noise are measured as those radiating from a property line at a distance of 25-feet or more therefrom in excess of the db(A) established during specified time periods as those mentioned above. Based on the lack of information required to address this standard, Staff finds this standard has not been met. 2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Staff Finding There is some vibration generated from the large diesel tractors that pull the trailers. The location of where the trucks are parked is closest to the southern and western property boundary. No trucks were leaving or entering the site during the site visit so no vibration could be tested. Staff believes that the vibration would not be detected at the property boundaries of a truck entering, parking, or leaving the property. Staff finds this standard is met. 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; Staff Finding The only emissions generated would come from the exhaust (diesel fumes) ofthe trucks as they warrn up (idle), leave, or enter the property. Once properly parked and engines turned off, the emissions would also cease. However, practically, trucks such as these generally take a while to warm up prior to leaving site. They will produce a noxious odor from diesel exhaust as they warrn up on the site. In addition, Staff is unclear if all the trucks that are there leave at the same time on Monday morning which would exacerbate the issue to have 6 - 8 trucks all warming up at the same time prior to departure. The Applicant states that the emissions generated comply with county, state, and federal laws. Staff does not test these emissions but believes that since the only emissions comes from the exhaust from vehicles that are licensed by the county and the state to comply with federal air quality laws, this standard is assumed to be met. 4) Emission of heat, glare, radiation and fumes: every use shall 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; Staff Finding There are no significant heat, glare, radiation, and fumes generated from the use as the trucks sit parked on the property. Only minimal engine heat and fumes from exhaust will occur as the 7 trucks leave and enter the property at fairly random intervals. As a result, Staff finds this standard is met. 5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:(A97- tt2) a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-ll2) Staff Finding The Applicant states no fuel is stored on the property as the trucks obtain fuel at regular filling stations. The only fuel on the property would be the fuel in the tanks on the trucks themselves. It appears there are about five trucks that would have fuel tanks while the trailers do not carry fuel. Staff recommends a condition of approval be that no storage of fuel tankers or any type of stored fuel be allowed on the property related to the Conditional Use permit other than the fuel in the gas tanks of the trucks themselves. There is no long term fuel storage tank on the property. As a result, Staff finds this standard is met. b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-112) Staff Finding The property does not contain any storage facility such as a building; however, the parking area is the storage area for the trucks and trailers for the purpose of storage when not in use. As such the current area is not screened from adjacent properties. The Applicant intends to plant trees this spring (2003) all along the fence line on CR 346. Staff does not believe adequate measures can realistically be taken to "conceal" the area from adjacent property which includes the neighbors to the east and west, the I-70 corridor to the north, and CR 346 to the south. In addition, the Applicant has not proposed any landscaping or fencing plan that demonstrates that the storage area has been concealed. As a result, Staff finds this standard has not been met. c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forcesl (A97-ll2) Staff Finding It is unlikely that the tractor / trailers stored on the site will be transferred off the site by any reasonably foreseeable natural causes or forces. However, it remains unclear as to any non-point pollution that might result from the oils and other toxic liquids from the trucks that might be washed from the site into the Last Chance Ditch. As a result. Staff finds this standard has not been adequately addressed. ut. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-1 12) i. The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The parcel contains approximately 7 acres and is not located in a platted subdivision. Staff finds this standard is met. ii. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Staff Finding It appears from the site visit that upper storage parking area containing the trucks is less than 300 feet (a football field length) away from the existing residence on the property. This has not been accurately measured, but apparent from Staff s site visit to the property. Staff finds this standard is not met. All equipment storage lvill be enclosed in an area lvith screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Staff Finding At present, the storage area is not screened from adjacent properties. The Applicant intends to plant trees this spring (2003) all along the fence line on CR 346. It should be important to note, the property sits lower than CR 346 and lower than I-70. If the Applicant built an 8 foot fence around the entire area used as truck storage, unless one stood directly next to the fence, the trucks would still be visible from some areas of CR 346 and I-70 as you could look down into the area, over the fence. As a result, while eight foot screening is required by this standard, it is somewhat impractical as the use will still be seen. At present, the Applicant has not proposed any landscaping or fencing plan that demonstrates that the storage area can be concealed / screened. As a result. Staff finds this standard has not been met. 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. Staff Finding The Applicant claims that no repair / maintenance on the trucks occur on the property and that any similar activity takes place at the TayBen Truck Repair in Grand Junction. Staff finds this standard has been met. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Finding tY. v. The Applicant states the storage area is simply to park the trucks and no loading or unloading activity takes place on the property. As part of the business, the truck will go pick up product at a different location t be delivered to a second location. Staff finds this standard has been met. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (497-ll2) Staff Finding The area devoted to storage of these trucks appears to be approximately %to l acre in size. Staff finds this standard has been met. f) Any lighting of storage area shall be pointed dolvnward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-ttz) Staff Finding The Applicant states that all lighting associated with the storage area is downcast and pointed inward. Staff finds this standard has been met. 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin Staff Finding As mentioned earlier, the site where tractorl trailers are parked ("stored") is acfually comprised of two separate areas separated by the Last Chance Ditch. Access is provided to the most northerly parking storage area by a wooden bridge across the ditch constructed by the Applicant. Because the property gently slopes in a northward direction from CR 346 to the Last Chance Ditch, there may be an impact to the ditch by storm water runoff from the southerly parking area which has been somewhat paved. The runoffhas not been calculated as it would enter the ditch. In addition, the fact that heavy trucks /trailers are parked on that surface that may leak oils or other hazardous liquids from the vehicles which would also be collected by the runoff directed into the Last Chance Ditch. This issue is further exacerbated by the fact that the Last Chance Ditch will ultimately affect down flow properties and the Colorado River. Staff finds that this standard has not been addressed and is not met. III. SUGGESTED FINDINGS provided as required for the hearing before the Board of 10 1. That proper public notice was County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. That for the above stated and other reasons, the proposed conditional use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application is in conformance with the Garfield County ZoningResolution of 1978, as amended. IV. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Conditional Use permit to allow for "storage" for S. Duff Nicola on a property located at 51 1 I CR 346, Garfield County with the following conditions: That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. This permit granted is for this specific use only as presently described. In the event any representations made in the application for which this permit is granted change and are no longer consistent with the representations in this application, the applicant shall be required to submit a new permit application to the county addressing the changes. The Applicant shall install trees and shrubs along the perimeter of the property in order to effectively screen view of the trucks stored on the property. Due to potential polluted run-off from the storage area, the Applicant shall provide drainage study by a qualified engineer licensed to practice in the State of Colorado that demonstrates the impact, if any, to the Last Chance Ditch or other adjacent properties of the amount of water run-off from the site as well as the quality of water that is generated. The Applicant shall consult with a representative of the Division of Wildlife to obtain an analysis of the impact the use has on wildlife in the area. In addition, the Applicant shall comply with any conditions required by the Division of Wildlife in order to mitigate any impacts to wildlife in the area. Regarding reclamation, the applicant shall be required to consult with Steve Anthony, the Garfield County Vegetation Manager prior to the issuance of a Conditional Use Permit so that a proper reclamation plan is formulated and approved by the Vegetation Manager. This plan shall be provided to the Building and Planning Department to be included in the land use file. aJ. 4. J. 4. 1. 2. 5. 6. 11 7 . The Applicant shall install an asphalt or concrete apron where the driveway from the property meets the county road. The size of the apron will be 2O-feet into the driveway, 4 inches in depth and the width of the driveway. The apron will be attached to the paved surface of CR 346. V. RECCOMENDED MOTION "I move to approve the request for a Conditional Use permit to allow for storage of tractor / trailers for S. Duff Nicola on a property located at 5111 CR 346, Garfteld County with conditions." VI. PLEASE NOTE Once the Board makes a decision regarding the Conditional Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Conditional Use Permit to the applicant. Ifthe Board's approval includes specific conditions of approval to be met, this office will not issue the Official Conditional Use Permit certificate until the applicant has satisfied all conditions of approval. The Conditional Use Permit approval is not finalized until this office has issued the Official Conditional Use Permit certificate signed by the Chairman of the Board of County Commissioners. t2 frz/25/2863 2?i19 6258627 Narre of aPPlication DrffNiole Sent to: GARFIELD COIJNTY Buildtrtg & Plantttittg bryownt Rcview AgerrcY Form RttAD AI'ID BRIDGE Due Serrt:febn srY 26,20A3 Cornoerrtr lluc: EXHIBIT .coDo RTCEIYOD -FA : 6 t00J 'tnVrylryO Grfield County r€quests ]'our omncnt m Planning Dcprrtment in thc erant you trc "nJf" to t"ryotta E 9t deadline' This form mf,ybGuredforyourrespo'llc'oryorrrnryrrtrclrlpurownadditioulshcctsls rcc."stry. written;;;* "ib" '"eito* emrilcd' or h:<ed to' CrarfiGld Corrrtty Building & Plaoning Staff contact : Frod lrrman lo9 80 Stroet Suite 30t Glemrvood SPnng+ CO 8160l Fa.x:9?G3E+3470 Phone: 9?*945'8212 Namc of rwieu, agency: Gsrfi"ld Corffy Rood md Bridge Dcpt - By:hke B Mnll Due F,ebruary 26 2003 Rsvis.d llSOloO o ^"L--- Lf 'e c (c' q l'u (' EXH!BIT z-4A;' T December 21,2002 To whoever may be concerned with property use at 5111 County Road 346 Dear Sir or Madam: I have owned and lived on the parcet of land to the east of the Nicolas for the past three to four years. During this time I have never had a problem (or even been concerned) with the parking of trucks on their property' t do not profess to know the legal definitions with regard to business use of a property, but I can see the difference between parking three or four trucks ,n,i tn" operations carried on at Harry's Heavy Haulers or the soon to be completeo Garfield county facilities just down the road. I would not like to live next door to either of the facilities I just mentioned, but I do not have a problem with my neighbor parking his truck (or even three or four) at his house when theY are not on the road. Sincerely, - Gary Till6tson Neighbor EXHIBIT -J T Ralph Fritzlan and Kathy Hangs 4941 County R@d 346 Rrfle, CO 81550 (970) 625.1993 february 12, ?003 To Whom It tvfa-y Concent: We are writing to you regarding Duffand Darlcrr Nicola, who resi& at 5l I I County Road 346. Our property, 4941 County Rord 346, adjoins the Ni'rcla's Foperty l,o thc we$. 'thc Nioolas operatl; r truckinB buiuess from that address. It is our unde{standitrg that Gutield C<runty has contrcted the Nicolas concerning a problem wrth tnrck pcrkrng on their prspert.v, I{aving to rEmow those vchicles from thcir propcrty would plrce m cxtrerne hudship on t}r Nicota's business. Clearly it ig not the county's intentioa ro ruin a succcssful small business. Garfield County obvioruly soos a problem thst rcsidenb of Corury* Rmd 346 do nol see. Wc have bccn npighbors of the Nicols's businegs since Juno 1998. Never in tha.t time have urc been drsrurbed or awaksncd by trucks passing by It is our opinion that th* Nicolas have alwayr gone to a grcst deel of roublc not to bother any of the neigirbon wlth traffic noisc. Nor do ure find the presensc of thcir trucks unsightly. Wc own ard pay ts,xes on r portion of Counry Rosd 346. We have no poblem shanng th8t rosd wtrh thc Nicoiu's tnrcktng busincss or allowrng them to park thcir compsny trucks on their propco'rs tbcy scc fir Pleasc strongly corcidsr our point of vrcw when mating any decisions regardirrg rle Ntcola's propcrty. Thank you for your tirne EXHIBIT5!o5g l*l ,_r fu*_"no' " J Ralph Fritzlan urd Kathy Hangs u Bo[erl Gmham lll 5201 CountY Road 346 a Silt, CO 81652 Hqne Phone 970€2ffi708 December 17,2002 To whom it may concern: we have no objection to the presence and operation of any trucks, tractors and trailersorotherequipmentatthepropertyofDuffandDarleneNicola,at5lll County Road 346, Silt, CO 81652, Sincerelv. {:ol.f *>a'1'z'r'*'- Orh,**, d*,'m'z'-"' Robert Graham and Charmane Graham 5201 County Road 346 sitt, co 81652 o-\- ' r$ro ffi'llro llii I 'i tr.\\ lr (r- \ t C^,'iz 9r-f rt t'.. $,\-\'a o . :#forl lirrr Nt l/1 NJ '/1 Sto' t? fr;-L;-n r fi-ii--i/i'i, o. t t t' 7(] Cil!, I I Vvl A 1) )I I< (./t at I I-ldr r,1 (-1i 'rJ" -L/ ( r-rs (tl t -D 3 )-\4lY :s) )7 7) 1).t 71 {l-/ )t{'r Al1 -l7l6nF Co C 9 U- r' 2 t<ht\-4 t/4 dt ) frN 6r I o a ? 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