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Home My WebLink About2.0 CorrespondenceGARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 October 9, 1984 John Wix Box X Basalt, CO 81621 Dear John: It has been brought to our attention that there is a plat note on the Final Plat of the Panorama Ranches subdivision, stating that no structures are to be built any closer than 50 feet to a property line. As far as we can tell in this office, the plat note is only a reference to the protective covenants for the subdivision, which are unenforceable by the County. This restriction conflicts with the AIR/RD zone district setback requirements. In the A/R/RD zone district, the following setback requirements are enforced by the County: Front yard: 25 ft. from the front lot line or 50 ft. from the street centerline, whichever is greater. Side yard: 10 ft. from the side lot line, or 1/2 the height of the principal building, whichever is greater. Rear yard: 25 ft. from the rear lot line. As it is presently, these requirements are less restrictive than the protective covenants. As noted previously, the County does not enforce protective covenants; that is up to the Homeowner's Association. Since the protective covenants are more restrictive, a person or group of persons owning property in the subdivision could bring civil action against any homeowner violating the covenants. This may be an issue you would want to discuss with the Homeowner's Association, given the potential problems. Please consider this letter to be informational in nature. If you have any further questions or concerns about this issue, please feel free to call or write this office at your convenience. Sincerely, Mark L. Bean Senior Planner MLB/enh GARFIELD COUNTY COURTHOUSE 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 REAL ESTATE INVESTMENT April 23, 1982 Mr. Earl G. Rhodes Garfield County Attorney P.O. Box 640 Glenwood Springs, CO 81601 RE: Panorama Ranches Subdivision Dear Mr. Rhbdes: • 901 33E 11.37 I :CO 30 AL BOX X 303/927-3161 BASALT, COLORADO 81621 REDEVED 2C 19R2 COUNTY ATICYRNEY In recognition for the need to help protect home -builders at Panorama Ranches from possible theft and vandalism at such rural building sites, the Protective Covenants permitted a mobile home during actual construction but not to exceed six months. Ed Simpson and Jerrold Potter both availed themselves of this provision after obtaining building permits and commencing construction of their respective single family residences. Both recently were ordered to remove their mobile trailers for failure to comply, as I understand it, with County Zoning Resolution Section 5.03.01(A). That portion of the ordinance states that: "A mobile home shall be allowed as the principal use of a lot as a special use...". Both have complained to me that the mobile trailers on site at Panorama Ranches are primarily for security purposes and cannot be construed as principal uses for the lots. They submit that the principal uses of the lots are for single family residences evidenced by the building permits approved and issued and the construc- tion underway, and therefore, the remedy provided by 5.03.01(A) cannot apply. At the same time, they apparently have no appeal rights to the Zoning Board of Adjustment because those are proscribed for uses involving special permits. They appear to be in a Catch 22 situation. I am unable to find within the Zoning Resolution any references to temporary uses of mobile homes or construction trailers for the purposes intended by the Panorama Ranches Protective Covenants. Perhaps provisions for that are included elsewhere in county codes or somewhere within the Zoning Resolution itself which I may have overlooked. As you can imagine I am under seige by the two disturbed home -builders involved and anticipate more of the same in the future. I thus need to establish the precise ordinance prohibiting or permitting mobile trailers to be used for temporary shelter and construction surveillance purposes and request your advice in that regard If none exists, I suggest it would be in order for the County to establish one in conformity with a sustainable relationship to the established premise for all zoning, the public health, safety and welfare. Thank you for your attention and consideration. Sincerely, >t f John Wix, President Thunder River Realty Co. General Partner Colorado Country Panorama Estates JW/jm cc: The Board of County Commissioners P.O. Box 640 Glenwood Springs, CO 81601 Mr. & Mrs. Edward Simpson P.O. Box 238 E1 Jebel, CO 81628 Mr. & Mrs. Jerrold Potter 92 Surrey St. Carbondale, CO 81623 • United States Department of the Interior BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE 1037 20th STREET DENVER. CO 80202 John Wix, President Thunder Valley Realty Box X Basalt, CO 81621 IN REPLY REFER TO CO -946 (JAS) C-25869 RW Dear Mr. Wix: Thank you for your letter of October 13, 1981. Through an inadvertence, the receipts for the past two rental periods were not properly filed in this right-of-way case file. The receipts have now been located and this account is considered to be in good standing through August 22, 1982. Sincerely yours, S Saunders Jenny L. Saunders, Acting Leader Canon City -Grand Junction Team Branch of Adjudication cc:44rthur A. Abplanalp, Jr., Garfield Co. Atty. Davis Farrar, Garfield Co. Planner • • United States Department of the Interior John Wix, President Thunder Valley Realty Box X Basalt, CO 81621 Dear Mr. Wix: BUREAU OF LAND MANAGEMENT Jtate 1037 20th Street 1)et1Yer, Colorado 80202 OCT -81981 IN REPLY REFER TO C0-946(JAS) C -25869 -RW With regard to your request to assign right-of-way C-25869 to Garfield County, this office must request some additional information before we can proceed with your request. 1. Regulations have been implemented which will require Garfield County to submit evidence of their qualifications to hold rights-of-way which is different from anything they may have submitted previously. Please have Garfield County submit the information requested on form CSO 2802.16 (Feb. 1981). 2. As assignee, Garfield County must submit a statement that it agrees to comply with and be bound by the terms and conditions of the grant to be assigned plus any additional terms, and conditions and any special stipulations that the authorized officer may impose. (see 43 CFR 2803.6-3). 3. The subject right-of-way must be in good standing. Rent is now overdue for the period from August 23, 1980, through August 22, 1982. At the rate of $560 per year, this overdue amount totals $1120.00. This office will be able to proceed with your request as soon as the information listed above is submitted. Sincerely yours, /S/ Merrill G. Anderson Merrill G. Anderson Leader, Canon City/Grand Junction Team Branch of Adjudication Enclosure cc: rthur A. Abplanalp, Jr., Garfield County Attorney Davis Farrar, Garfield County Planner AM, Glenwood Springs ocr is 0 siN y ArrOR ,. • • NON-FEDERAL GOVERNMENTAL ENTITY QUALIFICATIONS Enclosure 6 1. Submit a statement that it is a state or local government, or agency, or instrumentality thereof; and enclose a copy of the law, resolution, order, or other documentary evidence that authorizes the submission of applications. FLPMA authority: 43 CFR 2802.3-1(h) MLA authority: 43 CFR 2882.2-1(h) 2. Provide name and legal mailing address of the governmental entity. 3. Provide documentary evidence of those individuals (by name or title) in the governmental entity who have signatory responsibility for the filing of right-of-way applications and for acting on behalf of and binding the governmental entity on all matters relating to such ap- plications and subsequent grants or permits. 4. Once the above information has been satisfactorily filed, it need not be refiled with every application for a right-of-way. Governmental entity applicants must keep the filed qualifications information current and correct. A reference to the prior filing by serial file number and date of filing, with a brief statement that the information remains current and correct, is acceptable. CSO 2802-16 (Feb. 1981)