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HomeMy WebLinkAbout3.0 CorrespondenceGARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL June 15, 1993 Pam Pine Pine's Stone Company P.O. Box 514 Glenwood Springs, CO 81602 RE: Variance Request Dear Pam: Your application for a Variance to allow an off-site sign has been scheduled for a public hearing before theZoning BoardofAdjustment onJuly 15, 1993, at 3:30 p.n1., in Suite 301, Garheld County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you be in attendance. A copy of the enclosed public notice form shoul<l be submitted to the Glenwood Post or other newspaper of general circulation lor publication one time, at least, l5 days prior to the hearing. You should contact the paper directly regarding obtaining the proof of publiiation and billing. In addition, copies of the public notice form must be mailed by certified return-receipt to all property owners within 200 feet of your property no less than 5 days prior to the hearing. All mailings should becompleted no later than July 9, 1993, to ensure compliance. We recommen<l mailing the notice as soon as possible. The proof of publication from the newspaper, certificates of mailing and return-receipts from the mailings must be submitted by the applicant, at or prior to the public hearing. Please contact this office, if you have further questions regarding your application or public hearing. Dave Michaelson Garfield County Planner DHM/dhm Enclosure W; 109 BTH STREET, SUITE 303 . 945-821 21625.55711285-7972 . GLENWOOD SPRINGS, COLORADO 81601 PUBLIC NOTICE TAKE NOTICE that Pine's Stone Yard has applied to the Zorung Board of Adjustment, Garfield County, State of Colorado, to grant a Variance from Section 5 .07 .07 (7)of the Garfield County Sign Code in connection with the lollowing described property situated in the County of Garfield, State of Colorado; to-wit: I-egal Description: See Exhibit A Practical Description: Located at the northeast corner of Cattle Creek Road and State Highway 82, between Glenwood Springs and Carbondale. Said Variance application is to allow lor an off-site sign to be located approximately l/2 mile from the primary business site on the above-described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoring Board of Adjustment will give consideration to the comments of surrounding property owners and others aflected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the oflice of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application has been set lor the l5ncl day of July , lgg3,at the hour of 3:30 p.m., at the office of the ZorungBoard of Adjustment, Garfield County Courthouse, Suite 302, 109 8th Street, Glenwood Springs, Colorado Planning Departrnent Garfield County r) 2) July 1, 1992 August 10,1992 August 17,1992 r) 1992 Review of Special Use Permit for paul & pam pine to Store Natural Resources The Application for s.U.p. states: "pine's Stone co. Inc. is located at cattle creek & Highway 82 and holds a Iive year lease on this corner. Our primary sales and business functioning will continue at this location due to its highway frontage. The purpose of the cattle creek property is primarily for storage due to our outgrowing the lot at the highway. The stone would be stored in the same manner as it is at our current location. In the future we may build a building for. storage & processing. Board of county commissioners special Use permit Hearing: Dave Michaelson's representation to the BOCC: "The Pines are requesting a permit to store surplus rock ancl natural resour@ material". "The applicants are expecting approximately l0 truck trips per day brinsmg in raw materials to be stacked or loadecl and brought back to the retail operation site". Paul Pine's representation to the BOCC: 1) "They would like to do some cutting on the prollerty".2) "and to do some retail sales in case the property'where they are located is sold. Dave lrlichaelson: he was going to check with Don DeFord & Mark Bean to see if interpretation of processing etc. includes retail sales. To: Pines from Dave Michaelson (letter) "Retail sales are not included in the definition of material handling". Resolution by BOCCAugust 19, Authorizing the processing, storage, andmaterial han<lling olnatural resourres I Pam & Paul Pine Page2 Aug. 19, 1992 Conditions of Resolution: 1) 2) 3) 4) Jan. 14, 1993 From: Pines to Mark Bean (letter) Mr. & Mrs. Pine wanting clarification on: l) 2) 3) 4) Jan. 15, 1993 To: Pines From Mark Bean (letter) Response to their January 14,1993letter: Limited processing during daylight hours; Deliveries and stacking, Monday through Friday; Removal of all inoperable vehicles and equipment; construction of a berm on the south property line and planting of landscape ssle€ning along Cattle Creek road. Their ability to market brick and block; Is only a building permit needed to construct and oflice/garage? Does the SUP tract run with the property? Can the business be considered a part of material handling? 1) _2) 3) 4) They have the ability to store brick and block; Warehouse structure would be consistent with SUp; A SUP runs with the property; Material handling does not include retail activity. PLUS: "it is staffs position that the entire transfer of your operation", would be a violation of both the A/R/RD Zonrng and your SUp. Feb.4, 1993 Pines From Mark Bean (letter) Wholesales sales would seem to be a logical part ofthe bulk loading, storage and unloading of goods. June 8, 1993 To B.O.A. From pines (letter) "Our business has moved its primary operation to 0600 County Road l l3', "We request that the directional sign be allowed". Major findings upon review: Lrl) In the Pine's application sf the SUP, and in representations by staff to the BOCC, the Cattle Creek property was only to be used as a secondary storage/processing/material handling site. Thisposition rvasreiterated in Mark - Bean's letter of January 15, 1993 to the Pines by the language "it is staffsl/ position that the entire transfer of your operation,... would be a violation of the A/R/RD Zoning Resolution and your SUP". t/ 11 Observation by staffof the Pine's operation seerns to indicate that this transfer of activity has already taken place. This fact seems to be bolstered by Mr. Pine's representation in his June 8, 1993 letter to the Board of'Adjustment when he states "Our business has moved its primary operation to 0600 County Road I 13". In the Pine's letter of January 14, 1993 (item #2), they ask if they need only a building permit to construct an offlrce/garage. In Mar:k Bean's response of January 15, 1993, he conhrms that indeed "Only a building permit would be required for the construction of a warehouse structure". This language specihcally does not mention the ability of the Pines to construct and establish an office on the Cattle Creek site. It continues to be staffs position that warehouse space is a part of the storage/processing/materials handling which was requested by the Pines and granted the Board of County Commissioners, but construction or use of the Cattle Creek site for an oflice was never requested by the Pines as part of their Special Use Perrnit. In fact, the Request for a Special Use Permit written by the Pines on July l, 1993, specihcally states that "Pine's Stone Co. Inc. is located at Cattle Creek & Highway 8i:,.... Our primary sales and business functions will continue at this location". A site investigation by staffhas shown that there is nothing on the Cattle Creek & Highway 82 site which relates to the Pine's Stone Yard. However, on the 0600 Cattle Creek site is a single-wide trailer which houses three (3) desks, sales counter, phone, fax machine and various other ofhce equipment. This trailer has not been placed with any staff approval or building perrnits. On August 10,1992, during the Pine's Special Use Perrnit Hearing, Mrs. Pine said that they were willing to install vegetative screening along County Road 113. This screening became a Condition of Approval on August 18, 1993 with the Final Resolution (#4381l7). In addition to this screening, theconstruction of a berm along the south property line became an additional requirement. 2 x 1) 4 Although some trees have been planted and some berming has been constructed, staffdoes not believe that the intent of this condition has been met. Specifically: The 50-60 trees which have been planted are at the base of a 15 foot embankment and are approximately 5' tall. obviously, they do not provide any visual screening of the Stone Yard from Cattle Creek road. In addition, the berm along the southern border is only in the neighborhood of 50 feet long and 2f*thigh. Again, this earthwork does rrot provide any visual screening of the Stone Yard activities from the adjacent neighbors. GAITFIELD COUN I-Y BUILDING AND PLANhIING October 15, 1993 Paul and Parn Pine P.O. Box 514 Glenwood Springs, CO 81602 I)ear Mr. & Mrs. Pine: As I stated in our discussions, a "berm" has many dilIerent dehnitions or perceptions and you have chosen one defrnition. The fact that we have differed in our views is due to the lack of definition provided in the application and clarihcation by the County during the hearing. Regardless, I believe the intent of your proposal and the Board o[ County Cornmissioner's approval was to provide a visual screen/buffer between your property and your neighbor's property. Based on your proposed benn design included in your September 27, lgg3letter and your neighbor's concurrence with these plans, I believe you have met the intent of the resolution approving your spccial use in terms of a "berm". 'I'lfs has been reviewed with the County Attorney and will be kept in your Special Use permit lile. If you are progressing forward in the cornpletion of your oflice and are held up due to a suppliers inability to get materials needed for the construction of the building, it would not seem to selae any purpose to litigate the issue. Please keep us advised of any such complications so we can answer any inquiries that may oome into this office regarding your building. In our September 21,1993 phone conversation, I did acknowledge that if you kept your pallets and piles low prohle, there would not. be any need to pursue compliance issues. As I noted, I relied on the staff report present to the Board as a basis for my conrments. There was no indication from you that this representation was incorrect. I am relying on your representations as being correc[ and will agree to your representations unless evidence to the contrary is provided to this ofllce. In my rnind, a "substantial" increase in the height of those piles wotrld be anything over seven (7) feet. lOgBTTI STREET, SU]TE 303 . 945-821 21625.55711285-7972 . GLENWOOD SPRINGS, COLORADO 81601 t' .lir: llr tri ri,il ,ili Paul & Parn Pine October 15, 1993 Page2 If you have any additional questions about l.his issue, you may call or write to me at this ollice, during normal working hours. Sincerely, 7V')^/4/.*' Mark L. Bean, Dirsctor Regulatory Offices and persomrel MLB/sa PINE'S STONE COMPANY FINE QUALITY MATERIALS AND RF.LIABLE SERVICE Septernber 27, 1993 l4r. l4ark Bean, Director Garfield County Regulatory Offices and personnel 109 8th Street Glenwood Springs, CO 81601 Dear [4r. This letter is in response to your letter of september 2t, tgg3. As you have been unable to give us any specifications orsuggestions as to what a berm is, our basic understinding of a berm,is based on Websterrs Third Unabridged Internationaf Dictionary,definition . "the shouldef of a road," ',a narrow shelf edge orpa.th at the bottcrn or top of a srope or arong a bank, the level spacebetween the edge of a ditch and the bank of earth excavated trorn lt;a tree belt. " This is our plan for the conpletion of the berm built along theSouth side offeet in depth & O q-a our property. We have dug a berm approximately threeby about five feet across for 280 feet, starting on the .,. . -.-j..}'} east srde of The west 120 configuration our land. The berm wil_l also direct irrigation waters.feet of the southern boundary, due to the natural landis best bermed as a tree belt on1y. The tree bert berm will arso run the entire south si_de of ourproperty as an additional courtesy barrier. we have not yet plantedthis tree belt since the excavated portion was delayed by a vlry wetspring and then it was too l-ate to plant properly. (iee attachedfor tlpe of trees we have ordereii. ) We plan to-pfant about 75 trees,which given a very few years, will form a substantial visual barrier.(See attached drawing). we feel this wilt put us in ful-l_ andintentional cornpliance with the Resolution of the Special Use permit.Labor, equiSxnent and nnterial procurement is in process and the bermshould be completed in 60 days. we are cooperating with our adjacent southern neighbor and arein agreement with them as to the bes! possibl_e "cornbination,' berm tornitigate our impact (see attached letter). That was the intent ofthe Special Use Permit and renains ours. BOX 514 o GLENWOOD SPR|NGS, CO 81602 o (303) g4S_2940 .'-:*' u i! $EP 2 9 le95 we are working very hard to get our building plans cornpleted.They will be suLrnitted this week. since we had used this officetrailer for three years on the other site we were surprised at itscurrent illegal status. we hope with the tremendous haste nowrequired a decent buirding can be constructed. Arranging financing, worlsnen and materials that fast will be difficult, but we will doour best (For instance, in rooking to get roof trusses, one sourceindicates that it would take at reast eight weeks. ) Although we wiltbuild with diligence, we hope the county wirl be reasonable in itsdefinition of "substantiar progress", forestalring your threat oflitigation. ft should be noted on page 3 of your letterr lou indicate ar} ofour "piles of materiar" at our old retail- site were secured by wire.That is not true. In order to process sLone we have always had sorneloose material, as some is sold that way or packaged to custornersspecifications upon order. Many pallets are not secured at al1incruding bourders, etc. Sorne pallets and piles may also be higherthan four feet, although not substantially so. you acknowledgedthese facts per our telephone conversation of september zt, l-gg3. Also regarding parking,/storing of unl-icensed vehicles. In theresolution, the intent was to have the rusting junk of the previous landovrner removed. It was. Any unlicensed vehicles there now are inoperable condition, are not required to be licensed., and are used. inthe processing, handling and storage of natural resources. V{hren Ivir.watts visited the site recently, he said that we were in cornplianceregarding this issue. our intention has arways been and reniains, to stay within theintent of the Resolution and additional clari_fying letlers. Givenany srnall business owners meansr we have made an overwhelmingi-nvestment based on the Resolution and your interpretations. we know and are on friendry terms with most. of our cattrenerghbors. we would like to be iriendly with aIr. we welcorneto corne see us and resolve problems simply. Sincerely, 9 ,-t4{a^4 / w-z- Paul- Pine Creek anyone Pam Pine ,'€ {** 'h, JiN€.s sronE eo. , Dfficl+ uRRr6A7ld) \!"\l i Be-q6qx I srut-+l slDt N* e+lBoq . 0 o oR{€rnlAL L} ar LAirD. __D BdRr^ - - PRoflE"RT7 LtNa *f#ousAdDs or /*RDS oF Dtnr ##s Bs.eN -fH€ #oRr+t{Rd tsA#K Ta R/+rsg *ND €our++tR^lBa,NDftRy^.r.t}ls€NDtl-,45 FKc>r^ 3!8'. GRoss -S€cr i o,\l v/€q geeil sserio^/- +TRTES *.e*V*T€& .FrR8!4 BER/I^ -ft+ t 3A€N F,fitsLD Vleo LookN e sotrrt{ " sqantg.