HomeMy WebLinkAbout1.0 ApplicationDD INVESTMENTS LLC
43 COUNTY RD 110, GLENWOOD SPRINGS
81601
ACCESSORY STRUCTURES APPLICATION
Prepared by:
Application Contents
a) Application Form
b) General Project Description & Response to standards for Accessory Structures
c) Ownership Documentation
d) Statement of Authority
e) Letter of Authorization
f) Fee Payment and Payment Agreement Form
g) Pre-Application Conference Summary
h) Names and addresses of all property owners within 200 feet of project site
i) Mineral Owners Statement
j) Vicinity Map
k) Existing Site Plan
l) Proposed Site Plan
m) Landscaping Plan
n) Request for a waiver from Standards
o) Request for a waiver from Submission Requirements
p) Response to Impact Analysis
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 2 of 27
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
Administrative Review Development in 100-Year Floodplain
Limited Impact Review Development in 100-Year Floodplain Variance
Major Impact Review Code Text Amendment
Amendments to an Approved LUCP
LIR MIR SUP
Rezoning
Zone District PUD PUD Amendment
Minor Temporary Housing Facility Administrative Interpretation
Vacation of a County Road/Public ROW Appeal of Administrative Interpretation
Location and Extent Review Areas and Activities of State Interest
Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act
Pipeline Development Variance
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
0 7 4
PROJECT DESCRIPTION
Existing Use: Plumbing Contractor's yard and warehouse.
Propose d Use (From Use Table 3-403): _·F_e_n_ce_._H_ed_g_e_o_r_w_a_u_· o_v_e_r 6_fe_et_h_ig_h _____________ _
Description of Project: The owner will be building a new structure that will include 7 covered parking spots for trucks, with
another 3 enc losed garage spaces on the main level. The upper level will have an office above the garage, with additional storage
above the 7 parking spots.
REQUEST FOR WAIVERS
Submission Requirements
Iii The Applicant requ esting a Waiver of Submission Requirements per Section 4 -202 . List:
Section: Access and Roadways requirements in Section 7-107 Section : Water end Wastewater requirements in Section 4-203(M ) and (N)
Section : Traffic Analysis requirements in Section 4-203(L) Section: ,,,,_.,,,.,__..""' .. _.'""" • ..,.,..'"_ .. m<Jlend!Kl
j Waiver of Standards
ii The Applica nt is requesting a Waiver of Stan dard s per Section 4-118. List:
Section: 7-303.1 (C lear Vision Area ) Section:----------------
Section: Sect ion:----------------
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge .
h . 2.? /£
Signature of Property Owner Date
OFFICIAL USE ONLY
I FileNumber: ____ -___ _ Fee Paid :$ ____________ _
Project Description & Response to Standards for Accessory Structures
The applicant is requesting that Garfield County allows him to build a fence 8 feet high around the
entirety of his property at 43 County Road 110 in order to provide security for his proposed contractor’s
yard. The applicant is also proposing to build a new 7’-0” to 8’-0” tall concrete retaining wall to replace
an existing boulder retaining wall along the eastern property line. Because he will be storing valuable
trucks and construction equipment on the lot, he would like to prevent theft by building a fence that is
taller than presently allowed in Table 7-1201 B of the Garfield County Land Use and Development Code:
Structures proposing to exceed the Maximum Height may be erected if reviewed and approved
through an Administrative Review (Section 4-103) where the structure:
a. is required to maintain the agricultural use or the other existing uses on the property;
b. does not in any manner adversely impact the operation of any adjacent public right-of-way or
roads;
c. does not adversely impact the natural lighting or visual corridor of adjacent properties; and
d. will not obstruct critical traffic areas along roadways.
The applicant responds to the above items as follows:
a) The current use of the property is not agricultural. The previous use of the property was a
plumbing contractor’s headquarters. The proposed use will be storage of vehicles and
equipment for a general contractor / property management company. Because much of the
materials and equipment will be stored outside, the new fence will be needed to keep all of
these materials secure.
b) The additional height of the fence will not adversely impact the adjacent public right-of-way or
roads as illustrated in the attached renderings. The proposed 8’-0” to 10’-0” fence steps back at
the intersection of County Road 110 and Highway 82 Frontage Road allowing for increased
visibility than a 6’-0” high fence built at the property lines would allow. The proposed retaining
wall is only replacing an existing boulder retaining wall, therefore will not adversely affect the
neighbors.
c) While the additional 2’-0” to 4’-0” height would create a slightly longer shadow in the winter for
the neighbor to the north at 7916 Highway 82, the proposed building will be 28’ high. The
height limit for buildings in this zone district is 40’ with a 10’ side yard setback; this building will
sit 10’ from the property line and cast a shadow longer than the fence would cast regardless.
The retaining wall will not affect any views or natural light for the neighbors.
d) The shape of the fence at the southwest corner of the lot allows plenty of visibility for vehicles.
Although a 2’-0” reduction in height would make the fence code-compliant, it would still not
increase the practical visibility at the intersection.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 5 of 27
11111111111111111111111111111 I llll
Special Warranty Deed
(Pursuant to 38-30-115 C.R.S.)
State Documentary Fee
Date: June 23, 2016
$ 58.60
THIS DEED, made on June 23, 2016 by MSLHS PROPERTIES LLC, A COLORADO LIMITED LIABILITY COMPANY
Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($586,000.00) ***Five Hundred Eighty
Six Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to DD INVESTMENTS LLC, A COLORADO
LIMITED LIABILITY COMPANY Grantee(s), whose street address is PO BOX 5374 SNOWMASS VILLAGE, CO 81615,
County of PITKIN, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit:
SEE A TI ACHED "EXHIBIT A"
also known by street and number as: 43 COUNTY ROAD 110 GLENWOOD SPRINGS CO 81601
with all its appurtenances and warrants the title against all persons claiming under the Grantor(s) except GENERAL TAXES AND
ASSESSMENTS FOR 1llE YEAR 2016 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTII ON
EXHIBIT "B" A Tr ACHED HERETO AND INCORPORATED HEREIN,
MSLHS PROPERTIES LLC, A COLORADO LIMITED LIABILITY
COMPANY
State of COLORADO
County of GARFIELD
)
) SS.
)
LAURIE J. CRUZ-POTTER
NOTARY pU~~nn
STATE OF COLVfV"'lo""' ~ID 20064036483
<'u...lrGA November 4, 2017
My Q:)mf1\ls8iOn ~·-
The foregoing instrument was acknowledged before me on this day of June 23, 2016
by JASON YOUNG, MARK FRYER AND JEREMY KERANEN AS MEMBERS OF TIIE MSLHS PROPERTIES LLC, A
COLORADO LIMITED LIABILITY COMPANY
Witness my hand and official seal.
My commission expires l\ \CtJh{fl
·~----···---···---~--------------
When Recorded Return to: D D INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY
PO BOX 5374 SNOWMASS VILLAGE, CO 81615
Fonn 13773 10/2010 swd.open.rev.odt Special Warranty Deed Open (Photographic) ABS63010630 {25397655}
EXIIlBIT A
PARCEL A:
AP ARCEL OF LAND SI1UATE IN LOT 15, SECTION 7, TOWNSillP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A MONUMENT IDENTIFIED AS THE SOUTHEASTERLY CORNER OF SAID LOT 15, BEING A BAR SET
IN CONCRETE AND LOCATED WHENCE THE SOUTHWESTERLY CORNER OF SECTION 7 BEARS S. 57 DEGREES 32'45"
E. 1538.39 FEET;
THENCE N. 49 DEGREES 13'10" W. 648.21 FEET TO THE POINT OF BEGINNING;
THENCE N. 90 DEGREES E. 90.00 FEET;
TIIENCE S. 00 DEGREES 00'00' E. 86.41 FEET TO THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 110;
THENCE ALONG SAID COUNTY ROAD TIIE FOLLOWING FOUR (4) COURSES:
S. 55 DEGREES 01'00" W. 57.71 FEET;
THENCE S. 53 DEGREES 08'57" W. 56.50 FEET;
TIIENCE S. 53 DEGREES 08'57'' W. 51.09 FEET;
THENCE N. 60 DEGREES 29'00" W. 35.79 FEET TO THE EASTERLY RIGHT OF WAY OF STATE HIGHWAY NO. 82
FRONTAGE ROAD;
THENCE ALONG SAID RIGHT OF WAY TIIE FOLLOWING COURSES:
N. 06 DEGREES 08'10" W. 137.97 FEET;
TIIENCE N. 82 DEGREES 35'55" E. 90.02 FEET;
THENCE N. 00 DEGREES 00'00" E. 17.63 FEET TO THE POINT OF BEGINNING.
COUN1Y OF GARFIELD
STATE OF COLORADO
EXCEPTING THEREFROM THE PARCEL DESCRIBED IN DEED RECORDED OCTOBER 12, 1982 IN BOOK 609 AT PAGE 866
AS RECEPTION NO. 333223, UPLOADED AS ESI 27078032.
PARCELB:
AP ARCEL OF LAND SI1UATE IN LOT 15, SECTION 7, TOWNSHIP 7 SQUIB, RANGE 88 WEST OF THE 6TH P.M., LYING
NORTHERLY OF 1HE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 110, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE EXISTING MONUMENTED SOUTHEAST CORNER OF LOT 15, SAID MONUMENT BEING A BAR SET
IN CONCRETE, WHENCE THE SOUTHEAST CORNER OF SECTION 7 BEARS S. 57 DEGREES 32'45" E. 1,538.39 FEET;
THENCE N. 49 DEGREES 13'10" W. 648.21 FEET TO A POINT NEXT TO A FENCE CORNER, BEING THE POINT OF
BEGINNING. WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF EAST ON THE
SOUTHERLY LINE OF DOCUMENT NO. 260508;
TIIENCE ALONG A FENCE EAST 90.00 FEET~
THENCE sourn 86.41 FEET TO A POINT ON TIIE NORTIIERL y RIGHT OF WAY LINE OF COUNTY ROAD NO. 110;
THENCE ALONG SAID NORTIIERLYRIGHT OF WAYS. 55 DEGREES 01'00" W. 57.71 FEET;
TIIENCE S. 53 DEGREES 08'57" W. 56.50 FEET;
T HENCE ALONG A FENCE N. 01 DEGREES 04'26" E. 132.87 FEET;
TIIENCE NORIB 20.55 FEET TO THE POINT OF BEGINNING.
COUN1Y OF GARFIELD
STATE OF COLORADO
Form 13773 10/2010 swd.open.rev.odt Special Warranty Deed Open (Photographic) ABS63010630 {25397655}
EXHIBITB
Property Address: 43 COUNTY ROAD 110 GLENWOOD SPRINGS CO 81601
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY 1HE AUTHORITY OF THE UNITED STATES AS
RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 28, 1936, IN BOOK 172 AT PAGE 583,
ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING
FACTS SHOWN ON IMPROVEMENT SURVEY CERTIFIED APRIL, 2016 PREPARED BY ROCKY MOUNTAIN
SURVEYING AT JOB NO. 16515 ( SAID INSTRUMENT IS REFERENCED AS ESI 27055296)
A. THE FACT OF OVERHEAD ELECTRIC LINE CROSSING SUBJECT PROPERTY.
B. THE FACT OF RETAINING WALL ENCROACIDNG OUTSIDE PROPERTY BOUNDARY
C. FENCE LINES DO NOT COINCIDE WI1H PROPER1Y BOUNDARY.
Form 13100 08/2008 b2exhibit.escrow.odt ABS63010630 {25397656}
ca-Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
DD Investments, LLC a Limited Liability Company (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "E ntity''), and sta tes as follows:
The name of the Entity is _D_D_rn_v_es_tm_e_n_ts_, L_L_c _____________________ -.J
and is formed under the laws of Colo rado -------------------------The mailing address for the Entity is _4_1s_E_lk_C_ir_ct_e._B_a_sa_11._c_o_a_1_62_1 ______________ _
The name and/or position of the person authorized to execute instruments co nveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is Dean Dombrowsk i, Managing Member
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): None -------------
Other matters concerning the manner in which the En tity deals with any intere st in real property are (if
no other matter, leave this section blank):----------------------
EXECUTED this z 3~~ay of _J_u.Nl_ __ ~---~ 20 lb ..
LAURIE J. CRUZ-POTTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054036483 Signature: 12~ j}~h,;d.
Name (printed): Dean Dombrowski ---------------Tit I e (if any): Managing Member DD Investments, LLC
My Commieslon Expires November 4, 2017
STATEOF LD lo~ )
6~r r . )SS.
COUNTY OF :=WrlO Jed )
D The foregoing instrument was acknowledged befor~ IJl!.t~!~ 23 ~y of J Ll.AO , 2o _Lb b LI
\~~~~£tf~~lb'lflnva ~~.1~ ,a J
Witness my hand and official seal. I I /o.J /J,0~/1
My commission expires:~-:::""""',._......____ ~
-@) .(Date) ( P
[SEAL)
Letter of Authorization
June 22"d , 2016
Garfield County Community Development
Dave Pesnichak
108 8th Street, #401
Glenwood Springs, CO 81601
Re : DD INVESTMENTS LLC I Administrative Review-Letter of Authorization
Dear Mr. Pesnichak,
I, Dean Dombrowski, Managing member of DD INVESTMENTS LLC with address of 415 Elk Circle, Basalt,
CO 81621 hereby execute this Letter of Authorization authorizing John Hufker of Hufker Design Studio,
to act on DD INVESTMENTS LLC and my behalf for all matters related to the processing, review and
approval of the Land Use Application and Building Pe rmit Submission.
Sincerely,
Dean Dombrowski
Managing Member,
DD INVESTMENTS LLC
DD INVESTMENTS Ll-C Accessory Structure-Fence and Wall Appli cation I PARCEL ID #239307400019 I Page 8 of 25
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") DD Investments LLC
______________________________ agree as follows:
1. The Applicant has submitted to the County an application for the following Project: __ _
43 County Road 110, Glenwood Springs, CO 81601
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application . The Applicant agrees to make payment of the Base
Fee , established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred .
4 . The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee . If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final considerat ion by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person : Dean Dombrowski Phone : ( 970 ) 618-7033
Billing Contact Address: _4_1_5_E_lk_C_ir_c_le ____________________ _
City: Basalt State: CO Zip Code : _8_1_6_2_1 ___ _
Billing contact Email : dean@doubledpropertymgmt.com
Printed Name of Person Authorized to Sign : _D_e_a_n_D_o_m_b_r_o_w_s_k_i ____________ _
(Signature) (Date)
Pre-Application Conference Summary
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239307400019 DATE: May 3, 2016
PROJECT: Accessory Structure – Fence and Wall
OWNERS/APPLICANT: DD INVESTMENTS LLC
REPRESENTATIVE: W. John Hufker III, AIA, Hufker Design Studio
PRACTICAL LOCATION: 43 110 COUNTY RD, GLENWOOD SPRINGS 81601
ZONING: Commercial Limited
TYPE OF APPLICATION: Administrative Review
I. GENERAL PROJECT DESCRIPTION
The applicant is requesting a permit for Accessory Structures, consisting of a fence and wall, in
excess of the permitted 6 foot height limit within the Commercial Limited zone district and
within the setbacks on a 0.522 acre parcel. The parcel is located at the intersection of County
Road 110 and State Highway 82. It is understood that the property currently houses a
construction and property maintenance company. The applicant would like a fence up to 10
feet in height along the road frontages for security in addition to a wall within the set back in
the rear of the property for retaining purposes. Access to the property is off County Road 110.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 12 of 27
Fences and Walls are considered Accessory Structures in accordance with Section 7-1201.
Fences and Walls that are Accessory Structures and exceed 6 feet in height need to be
permitted by Administrative Review.
The Applicant will need to provide a letter outlining the request and why such a request is
being made. This letter should also address the review criteria outlined in Section 7-1201 and
excerpted below.
Structures proposing to exceed the Maximum Height may be erected if reviewed
and approved through an Administrative Review (Section 4-103) where the
structure:
a. is required to maintain the agricultural use or the other existing uses on the
property;
b. does not in any manner adversely impact the operation of any adjacent public
right-of-way or roads;
c. does not adversely impact the natural lighting or visual corridor of adjacent
properties; and
d. will not obstruct critical traffic areas along roadways.
In addition to providing a deed as a demonstration of ownership of the property, the applicant
will also need to demonstrate who owns the minerals under the subject parcel. As a result, the
Applicant will need to search public records (Garfield County Clerk and Recorder Records) to
determine the names and current addresses of the mineral estate owners. A statement from
the Applicant indicating the dates the records were searched, the findings of that search and
the names and addresses of the mineral estate owners is necessary. Please see the attached
memo from the Garfield County Attorney’s Office regarding the search of public records to
determine mineral owners.
A list of names and addresses for adjacent property owners within 200’ is required for
notification purposes. A list of names and addresses for adjacent property owners can be
obtained from the Garfield County website at: http://gis.garfield-
county.com/LandExplorer/index.html. Use the “Buffer” tool and set it to 200 feet to obtain a
list of names and addresses of adjacent property owners. Be sure to include this list along with
the date the list was made with the application materials.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 13 of 27
A site plan showing the location of the proposed fences and walls in relation to the existing
buildings, existing well, proposed or existing septic and access driveway is required.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan 2030
• Garfield County Land Use and Development Code, effective July 15, 2013
• Accessory Structures (7-1201), following Administrative Review (Section 4-103)
• Table 4-102, Common Review Procedures and Required Notice
• Table 4-201, Application Submittal Requirements
III. REVIEW PROCESS
• The review process shall follow the steps as contained in Table 4-102 and Section 4-
103, Administrative Review.
IV. SUBMITTAL REQUIREMENTS
Please refer directly to Table 4-201 and the list of General Application Materials in section 4-
203. These application materials are generally summarized below:
Application Form
General project description
Response to standards for Accessory Structures found in Section 7-1201 and
excerpted above
Ownership Documentation (deed) and title information indicating if there are any
lien holders and/or encumbrances (a title commitment may be necessary)
Statement of Authority and/or Letter of Authorization, if necessary (Not necessary if
the owner does not have a representative and/or the property is not held by an LLC,
corporation or trust). Please see attached memo regarding Statements of Authority
and Letters of Authorization.
Fee Payment and Payment Agreement Form
Pre-Application Conference Summary
Names and addresses of all property owners within 200 feet of project site and all
mineral owners of the subject parcels (see attached memo).
Vicinity Map (8.5 x 11)
Site Plan
Landscaping Plan
Grading and Drainage Plan demonstrating positive drainage off the site and showing
how/if proposed walls and fences will impact site drainage (topo map of property)
Impact Analysis – Please respond to the identified impacts in Section 4-203(G)
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 14 of 27
Respond to Standards fully described in Article 7, Section 7-1201 of the Land Use
and Development Code
Code, Covenants, Restrictions (if applicable)
Possible Waivers from Submittal Requirements (Per Section 4-202). Should a request for a
Waiver of Submission Requirements be made, please respond to the Review Criteria found in
Section 4-202(C) and excerpted below as a part of the application.
Access and Roadways requirements in Section 7-107
Water and Wastewater requirements in Section 4-203(M) and (N)
Traffic Analysis requirements in Section 4-203(L)
Development Agreement and Improvements Agreement requirements in Section 4-
023(J) and (K)
4-202.C. Review Criteria.
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors
support a waiver;
3. The waiver does not compromise a proper and complete review;
and
4. The information is not material to describing the proposal or
demonstrating compliance with approval criteria.
Submit three paper copies and one electronic copy of the
application. Additional copies will be requested upon
determination of completeness. See the land use code for
more detailed information on submittal requirements.
V. APPLICATION REVIEW
a. Review by: Staff for completeness
recommendation and referral
agencies for additional technical
review
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 15 of 27
b. Public Hearing: _X_None (Director’s Decision)
__Planning Commission
__ Board of County Commissioners
__ Board of Adjustment
c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire
Protection District, Garfield County Designated Engineer and
Colorado Department of Transportation.
Note: Additional copies of the complete application will be
requested once the application is deemed Technically Complete.
These copies will be sent to the referral agencies for their review
and comments
VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 250.00
b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees
c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. The case
planner contacts applicant and sets up a site visit. Staff reviews application to determine if it
meets standards of review and makes a recommendation of approval, approval with conditions,
or denial to the Director of the Community Development Department. The Director’s decision is
subject to a 10-day call-up period. The pre-application meeting summary is only valid for six
(6) months from the date of the written summary.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 16 of 27
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or
vested right.
Pre-application Summary Prepared by:
May 3, 2016
___________________________________________ _____________
David Pesnichak, AICP – Senior Planner Date
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 17 of 27
Adjacent Neighbors
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 18 of 27
Mineral Owner’s Statement
May 27th, 2016
W. John Hufker, III
PO Box 8925
Aspen, CO 81612
I performed a thorough search of all documents on file with the Garfield County Clerk and Recorder’s
office on May 12, 2016. I was able to trace the ownership of the property located at 43 County Road
110 back 85 years and through 14 separate entities. After reviewing all relevant documents on file,
none of them mentioned any mineral rights on the subject property.
Sincerely,
Hufker Design Studio, Inc.
W. John Hufker III, AIA
Principal
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 19 of 27
Vicinity Map
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 20 of 27
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6038
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6042
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9.5' WIT. COR.RPC ILLEGIBLE
RPC LS# 16842
RPC ILLEGIBLE
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OPC LS# 19598
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RPC ILLEGIBLE
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2.92'
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NEW GRAVEL
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FOR OFFICE
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0 5'10'20'SCALE: 1" = 10'1 SITE | 1" = 10' | PROPOSED
Landscaping Plan
The applicant is not doing any sort of landscaping besides what is shown on the site plan. The images
below show the boulder retaining wall that will be replaced with a concrete retaining wall, as well as the
existing trees which will remain in place.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 23 of 27
Request for a waiver from Standards
The applicant is requesting that Garfield County allows his driveway gate to be 20’-0” from the edge of
pavement rather than 20’-0” from the property line as is shown in Figure 7-303 of the Garfield County
Land Use and Development Code. It is our understanding that the purpose of section 7-303.I (Clear
Vision Area) is to allow for a vehicle to gauge traffic before actually needing to pull out onto the public
street. We are proposing an automatically operated gate which will be set back from the edge of the
road by at least 20’-0”, allowing for drivers to drive through the gate and stop short of the road in order
to determine whether or not other cars are approaching without needing to drive onto the street first.
C. Review Criteria.
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating
compliance with approval criteria.
The applicant responds to the above items as follows:
1) The applicant has looked at multiple alternatives for the design of the fence and gate. In order
to follow the exact wording of Section 7-301.I the applicant would lose approximately 500
square feet of usable floor area in the proposed structure. Because the lot is burdened by (2)
front yard setbacks of 25’ each, we are asking for our 20’ setback from edge of pavement rather
than property line.
2) Because we are dealing with an existing site with an existing building and (2) existing vehicular
entries as well as (2) 25’ setbacks that we are designing around, we feel that the waiver allows
us to make the most of an already constrained site.
3) The applicant has already met with Planning and Building officials from Garfield County, and
presented preliminary plans showing all of the proposed additions to the site and we feel that
we have identified any and all potential issues that may require any waivers.
4) The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 24 of 27
Request for a waiver from Submission Requirements
The applicant is requesting several waivers from the below-mentioned Submission Requirements
1. Access and Roadways requirements in Section 7-107
2. Water and Wastewater requirements in Section 4-203(M) and (N)
3. Traffic Analysis requirements in Section 4-203(L)
4. Development Agreement and Improvements Agreement requirements in Section 4-
023(J) and (K)
5. Grading and Drainage Plan in Section 4-203 (E)
The applicant responds to the above items as follows:
1. We are not changing any part of the adjacent roadways or existing driveways as
described is Section 7-107 of the Garfield County Land Use and Development Code.
2. We will not be adding to or modifying the existing water supply system. We will be
providing a all documentation for a wastewater treatment system at the time that we
submit our building permit application.
3. The height of the proposed fence will not affect any of the items mentioned in Section
4-203(L).
4. The height of the proposed fence will not affect any of the items mentioned in Section
4-023(J) and (K).
5. The scope of the grading and drainage work is so minor that we are showing this
information on the included site plan. We will submit calculations for the size of the
drainage pipe and drywell at building permit submittal. Because this application is
strictly for a fence 2’-0” higher than what is allowed by code, a drainage and grading
plan would not be affected by this variance.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 25 of 27
Response to Impact Analysis
G. Impact Analysis.
Where the proposed development will impact specific features of the site, the Applicant shall describe
both the existing conditions and the potential changes created by the project. The Impact Analysis shall
include a complete description of how the Applicant will ensure that impacts will be mitigated and
standards will be satisfied. The following information shall be included in the Impact Analysis:
1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-
foot radius.
2. Site Features. A description of site features such as streams, areas subject to flooding, lakes,
high ground water areas, topography, vegetative cover, climatology, and other features that
may aid in the evaluation of the proposed development.
3. Soil Characteristics. A description of soil characteristics of the site that have a significant
influence on the proposed use of the land.
4. Geology and Hazard. A description of the geologic characteristics of the area including any
potential natural or manmade hazards, and a determination of what effect such factors would
have on the proposed use of the land.
5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel
to Floodplains, the nature of soils and subsoils and their ability to adequately support waste
disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface
Runoff, stream flow, and groundwater.
6. Environmental Impacts. Determination of the existing environmental conditions on the parcel
to be developed and the effects of development on those conditions, including:
a. Determination of the long-term and short-term effect on flora and fauna;
b. Determination of the effect on designated environmental resources, including critical
wildlife habitat;
c. Impacts on wildlife and domestic animals through creation of hazardous attractions,
alteration of existing native vegetation, blockade of migration routes, use patterns, or
other disruptions; and
d. Evaluation of any potential radiation hazard that may have been identified by the
State or County Health Departments.
7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations.
8. Hours of Operation. The Applicant shall submit information on the hours operation of the
proposed use.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 26 of 27
The Applicant responds to the Impact Analysis as follows:
1) The adjacent land uses are all industrial and service-related in nature, as is the subject
property. This property will remain as such.
2) There are no natural features existing on the site, it is completely paved and /or graded with
gravel or other hard surfaces. These surfaces will be replaced with similar surfaces as shown
on the site plan.
3) The soil characteristics will not determine the future use of the land. The land will be used
similarly as to how it is currently used.
4) The site has not been affected by any geological hazards since it has been first developed.
We do not foresee any new hazards presenting themselves into the future.
5) We will be improving existing drainage by adding a storm drain at the upper portion of the
site which will be piped to the lower portion of the property where it will go into a new
gravel drywell. Drainage calculations will be provided at building permit submission.
6) Environmental Impacts.
a) There is virtually no planting on the site except for a few large trees. These will
not be affected by the fence being 8’-0” high.
b) The site is not a host to critical wildlife habitat as it is nearly completely paved
currently.
c) The higher fence will keep any potential wildlife out of the site, preventing them
from getting into any potential hazards that may present a problem for wildlife
on the property.
d) There has been no potential radiation hazards identified with the site.
7) The taller fence will keep any potential nuisances from becoming an issue with the
neighbors.
8) The hours of use will generally be 8:00 am to 5:00 pm Monday to Friday.
DD INVESTMENTS LLC Accessory Structure – Fence and Wall Application | PARCEL ID #239307400019 | Page 27 of 27
ce Gar.field County
STATEMENT OF AUTHORITY
Pµrsuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
DD Investments, LLC a Limited Liability Company (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity''), and states as follows:
The name of the Entity is _o_o_rn_v_es_tm_e_nts-'''-L_Lc _____________________ ~
and is formed under the laws of Colorado -----------------------~· The mailing address for the Entity is _4_1s_E_lk_c_1rc1_e._B_asa_11._c_o_s_1s_2_1 _____________ _
The name and/or position of the person authorized to execute instruments conveying. encumbering, or
otherwise affecting title to real property on behalf of the Entity is Dean Dombrowski, Managing Member
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): _N_o_ne ___________ _
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):---------------------
EXECUTED this 2_311-~ayof_J_l.V\.Q_ __ ~---~20 l 6 LAURIE J. CRUZ-POTTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054036483 Signature: D#i..... J24-m~
Name (printed): _D_ea_n_o_o_mb_rows __ ki ________ _
Title (if any): Managing Member DD Investments, LLC
My Commlosion Expires November 4, 2017
STATE OF Colo @ctz') )
b"' rr' • )SS.
COUNTYOF ~O Jc;;i l
. D The foregoing instrument was acknowledged befor~ '1'~.W~ 23 ~y of J U.t!O , 20-1._b b LI \~~~{t)'.J:~(£µ"~1DJflnV9-~--bv\e'¢',t 1£., .a J
Witness "'.Y ~and an.d official seal. 1 t /of j]{)~/1 ¥}~
Mycomm1ss1on expires:~ ~ _
·-@) .(Date) ( P
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