HomeMy WebLinkAbout1.07 Setback WaiverJeffrey Sabo
5889 CR 109
Carbondale, CO 81623
Requested Waiver for 7-1001 B. Setbacks - All Activity associated with these uses shall be a minimum of
100 feet from an adjacent residential property line, unless the use is on an industrially zoned property.
Site limitations with topography of the lot and dimensions of the lot make storing of materials for the
purpose of a contractor yard nearly impossible. The 100' setbacks are for the purpose of creating
privacy and isolation from neighboring properties that may be disturbed. I will address each adjacent
property and how having a contractor yard within the 100' setback will not encroach on their ability to
enjoy their property as it is currently being used.
The north property line is adjacent to Midland Point HOA property. This piece of property is
undevelopable due to the steepness of the lot and location of the irrigation ditch. This property is
currently heavily wooded with pinions and junipers. The curve of the lots hillside creates a natural
topographic barrier to block any views from midland point residences and drivers along county road
109. Below are two photos from Midland point:
This first photo is from the driveway closest to my property in Midland Point. An existing berm on
Midland point property prevents the residences from seeing county road 109 or beyond to my property.
This second photo is from the entrance to Midland Point. The lot across the street is adjacent to my
property and owned by Midland Point HOA. It is not suitable to build. The hillside and heavy vegetation
block the view onto my property.
This Midland Point property is currently being used to house the large water storage tank for the
development. This Midland Point industrial use is comparable to my proposed use as a contractor yard
and does not conflict with the property as it is being used, nor the residents of Midland Point.
The East side of the property is bordered by County Road 109 and three properties owned by the Bazley
Family. The Bazley's have supported me in my use of the property as a contractor yard and have
themselves allowed me to park equipment and trailers on their property with their permission. Newly
installed privacy fence along most of County Road 109 and the existing change in elevation have
eliminated the ability to see onto the property. Only the area at the driveway was left open, and the
existing berm has been raised and extended to add more privacy from the street. See below pictures:
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As you can see, the visibility into the property from County Road 109 and the Bazley's properties would
be unnoticeable other than a little bit of the parking area at the bottom of the drive. In the future, trees
and bushes will be planted along the bottom of the driveway to provide even more privacy.
On the South Side of the property is the Weaver lot. This area is extremely wooded and much is
impassible to walk through. Below is a photo from his driveway and actually pulling out onto the road to
take a picture because the vegetation is so thick.
The last property to be address is the Western boundary. This is a tract of land is a steep hillside that is
undevelopable. A conservation easement was placed due to a property dispute between Beulah Wilson
Ranch and Crystal River Ranch. As a condition of Crystal River Ranch being owner of the land, it was set
aside to be left as wilderness. The nearest house is miles up the ranch and the property has been left
unused and wild. The easement extends up the mountainside to the plateau above. My proposed
contractor yard would have no impact to the current owner or the cows that live up on the plateau.
My goal as a small business owner is to be able to run my home building and remodeling company from
my home. My ability to operate without a large commercial facility, allows me to be able to keep my
operation small and affordable and helps me ride through the times when construction is slow. I believe
that this waiver to the setback requirements, fulfills the need of the nearby residents with the natural
and artificial screening, better than the alternative of just having a yard at a further distance without the
natural screening. The proposed contractor yard is tastefully hidden from neighbors and as I continue
to improve the property, will only get better.
Thank you for your consideration.
Jeff Sabo
Legacy Homes