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HomeMy WebLinkAbout1.0 General Application MaterialsSPECIAL WARRANTY DF.F:D THS DYED, Mate thislilb Sit of No%ember. 2012 betweett Fannin Mac + t a Federal National NIorrg+ge Association erg+nitsd and rsnll+$ u PACO the Mise 411he 1- ailed tilatrs If iraerIaa .r ,!„ ,...i,i •!Aail.0 !uutc : ILAAti, guidon Heidi Lynn Schultz whole legal address is 76 Com utero TraM„ New (aisle, ‘O11441 gi»ter(s). WITNESS. ]hat the grunorts I. and in ronsidcratrrm of ilk N1 NF. 11 FIVI !Mil ..Ati Ifr AND t}ofl on DOLLARS Slo5, tr(K'' H11. the re.cipt and sufficiency of which is heicb:" kdged. I.0 vantcst bargairacd, sold and conveyed, and 1y :heir presents does grant bargain. self. Conn and cHnfirm, WIW the gfanuvfii. hu hears and assigns forever, all the :cal properly together with improvements. if any, situate, lying and bemg Jn the County of Garfield. Slate of COLORADO, deC.nbed as follows: �t 3te Doc Fee 9.5D LOT 17, BLOCK 5, AMENDED PLAT OF LOTS 16 AND 17. BLOCK 5, UNIT ONE OF THE ELF: CREEK DEVELOPMENT, ACCORDING TO THE PLAT RECORDED JUNE 9, 199E AS RECEPTION NO 526502, COUNTY OF GARFIELD, STATE OF COLORADO. also known by siren and number as 76 Commrcheep Trail, New Castle, CO 81647 TOGETHER with all and singular the heredtlaments and appurtenances thereunto belonging, or in anywise •pperteinulg, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof. and all dde estate. right, tide, Interest, claim and demand wltaasoever of the grantors), either in law or equity, of, ix and to the above bargained premises, wilt the he tditamerxs and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and desenbed, with the appurtenances, unto the gratteets), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representances or successors, does covenant and ag ee than he shall and will WARRANT AND FOREVER DEFEND the above-baargdrxd premises in the quiet and peaceable posressaon of the grantceis). his heirs and assigns, against air and every person or persons claiming the whole or any part thereof, try. through or sumer the grantor(s). The singufn number shall irlc lode the plural, the plural the singular. and the use of any gerder shall be applicabk to all genders. 119 WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. SELLER: Fannie ?lar ',lea Federal Nat iaaal Mortgage Association organized and flitting under the laws ,if the Lin itcd Sates of America By Aro wire and 'Mecklenburg, LLP as allornes in fact bti' lexander Pankanin as aidhortxed signer STATE OF COLORADO COUNTY OF DENVER The foregoing irlstrumettt was aci.nowledged before me thL. Sib day of November. 3612 b. Alexander Pankonin as authorized signer for Aronoserlx & Mecklenburg. LLP as attorney 1 f 1 far Fannie Mae 4 .a Federal National llurtgagr Association organircd and existing under the laws oftp{ tlig Sues of Amrnca W iusess m. hand and ofEciai seal. MyCommission expires; • Ow rker'S Authorization Heidi Schultz is the current owner of the premises, commonly referred to a 5 7t CCI ma rrch errs Trail, Lot 17. E I k Creek Develop merit, Gar -field Count ,. Colorado. The owner does hereby authorize Steve Aeaii I ieu and [) u St i rr Anderson of PEA( A rCh itectu rc to act as mx representative in matters concerning work to said property. Authorization may include, ude, without I imita t iorr or objection .Rdj ust merit ap pl icat ions. for variances, d eve Iopment a ppl icat ions,. build ing pernii s 5, Ord other srm ila r and related plans did permits_ �leidi 5cb uFte 76 Comanch€ro Trail New Cask Ie, CO 3].6.47 12/2p01.6 Garfield County 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: 2125-251-01-028 PROJECT: Elk Creek Development, Lot 17 Variance OWNER: Heidi Schultz REPRESENTATIVE: Steve Beaulieu/ Dustin Anderson stevebowlyou(c�gmail.com Howdyho3@gmail.com and dandersonaia@gmail.com PRACTICAL LOCATION: 76 Comanchero Trail - North of New Castle TYPE OF APPLICATION: Variance DATE: August 26, 2016 I. GENERAL PROJECT DESCRIPTION Lot 17 is a corner lot located on Comanchero Trail (CR 458) and Apache Drive (CR 457). The 2013 Land use and Development Code, as amended (LUDC) states that a lot fronted by two roads shall have two fronts for purposes of determining setbacks. Therefore this lot is subject to 25' setbacks along both streets. The LUDC defines a rear setback as that lot line opposite the front which would result in the lot having two rear lot lines. A department policy was determined that the rear lot line, for purposes of setbacks, is that lot line that is opposite the front of the lot from which access is gained. The side lot line will be that lot line that is not a front or rear lot line. The site currently contains has a single family home constructed in 1966 and an open porch constructed in 1970. The open porch was at some point enclosed as conditioned space which currently functions as a violation of the LUDC. This determination is a result of an Improvement Location Certificate from April 1997 which indicates that the porch was not enclosed (Certificate says Covered Porch). This covered porch did not appear to be required to meet the setback as the setback is indicated from the house at 27.5 feet, thus meeting the required 25 foot front setback. Enclosure of the porch of would then have required compliance with the setback, however it appears that the enclosure was done without acquisition of a required county building permit. 1IPage The owner seeks to demolish the now -enclosed porch area in its entirety and construct a two-story addition to the existing home with a comparable footprint. This would require a variance for the front setback on Apache Drive. An additional variance would be required for a 15" encroachment of a deck into the front setback on Comanchero Trail. This deck encroachment requires a variance due to the fact that it exceeds 30" in height from the ground and therefore is not considered a permissible projection pursuant to Section 3-202 G. of the LUDC. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC): 4-101, Common Review Procedures 4-115, Variance III. REVIEW PROCESS The process to accommodate these requests shall require application for a Variance pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Public Hearing with Board of Adjustment and provide documentation regarding notice requirements. E. Request referral agencies to provide comments on the request. F. Evaluation by Director/Staff resulting in a Staff Report to the Board of Adjustment. G. Public Hearing before the Board of Adjustment, resulting in an approval, approval with conditions or denial of the request. H. Resolution for Board of Adjustment to sign. I. If approved a Land Use Change Permit will be issued upon compliance with any conditions of approval. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. for a Hearing with the Board of Adjustment. The BOA meets on the last Monday of the month. Referral will be sent to the following agencies: ➢ Garfield County Engineer ➢ County Road & Bridge ➢ County Attorney ➢ Town of New Castle ➢ Others as may be deemed necessary upon review of the application 21Page • Copy of deed to demonstrate ownership • Letter of authorization if applicant is not owner • Application form and fee • Names and mailing addresses of all properties within 200 feet of subject site • Copy of assessor map showing the subject site and properties within 200 feet (available online) • Names and mailing addresses of mineral owners of the subject site • Statement regarding why the variance is being requested • Copy of plans indicating setbacks and requested variance area, along with technical drawings and plan showing the topography or other unusual physical characteristic of the site to support the request for a hardship This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 Plus additional Staff time at hourly rate of $40.50 Referral Agency Fees: $ TBD County Surveyor: $ Recordation: $ Total Deposit: $ 250.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 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: August 29, 2016 Kathy Eastley, AICP Date 3IPage 1 leGarfield County 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 PARTIE 7 Owner/Applicant Name: Heidi Schultz Phone: (517 )282-7345 Mailing Address: 76 Comanchero Trail City: New Castle State: CO Zip Code: 81647 E-mail: h°wdyho3@gmail.com Representative (Authorization Required) Name: Steve Beaulieu Phone: (303 )842-6761 Mailing Address: 76 Comanchero Trail City: New Castle State: CO Zip Code: 81647 E-mail:Stevebowlyou@gmail.com IrROJECT NAME AND LOCATION Project Name: 76 Comanchero Renovation/Elk Creek Development Lot 17 Assessor's Parcel Number: 2125 251 01 028 Physical/Street Address: 76 Comanchero Trail Legal Description: Section 25 Township 5 Range 91 Subdivision Elk Creek Block 5; Lot 17; Unit 1 Amended Zone District: T5S x R91 W -New Castle Property Size (acres): 0.54 Acres PROJECT DESCRIPTION Existing Use: Single Family home with 1 bedroom, 1 bathroom, Proposed Use (From Use Table 3-403): Single Family Home, 2 bedroom, 2 bathroom Description of Project: Rebuild and expand the south entryway/ laundry room in order to encorporate a code compliant stairway and an additional bedroom and bathroom above. Although set 32ft back from road, the existing structure encroaches on the 25ft setback thus requiring a variance for that setback to be adjusted to 21.5ft for the planned expansion. Additionally, during this process the northern property line was adjusted to be called a "back yard" giving a 25ft setback, enveloping a large portion of the home. It is requested that this northern property line be clarified as sideyard with 10ft setback. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accur. to the best of my knowledge. f1 , I► 1/5/2017 Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ TO WHOM IT MAY CONCERN: The reason for our request for this variance is due to a planned renovation of our home at 76 Comanchero Trail, New Castle. Currently, the home has one bedroom and one bath. We would like to add a single bedroom and bathroom with the minimal increase of the existing footprint. In order to achieve this, we would require a 21.5 ft setback from the southern property line that aligns with Apache Drive. In addition, we need the northern property line to have a 10 foot setback due to the necessary improvements to siding, roofing, and septic that will/may be required in the future that will require permits. The Review Criteria are specifically addressed at the end of this letter. This expansion of our home will allow for us to match the needs of our family, as we are expecting our first child in July of 2017. In addition to the bedroom and bathroom, there is the benefit of a code compliant stairway to the second floor and additional insulation to nearly the entire home as the entire roof of the A -frame is completely void of insulation. Currently, the only way to access the upstairs loft is a spiral staircase with middle trend width of just 8.5 in and a rise of 8 in. This combined with the tight spiral makes for a treacherous decent even if you are not carrying a child. Building a code compliant stairway accounts for all but 10ft2 of the proposed footprint increase. The majority of the renovation is planned on the south side of the home where there is currently a laundry room and entryway. Through the permitting process for this project, it was discovered that this area was originally permitted for a porch but one of the previous owners had closed in this area without proper permitting. This work was done long before we purchase the house in 2012. Building above this laundry area allows two major advantages. First, it takes advantage of the existing A -Frame structure to significantly increase the building volume with minimal increase in overall square footage. Adding 110 ft2 to the footprint will give approximately 300ft2 of floor space in addition to a code compliant stairway to the second story. Also, building above the existing laundry room allows for access to the only wet wall in the house and a means to connect with the septic system on the northeast corner of the property. This addition will require the demolition of laundry room/front porch so that an adequate foundation can be poured. We will rebuild this front area 12 inches out from the existing structure in order to allow for the required 2x6 exterior framing and new structure between the existing bathroom and the new addition. This gives a few extra inches on the interior to allow for full size washer and drier to fit side by side as the area will remain a laundry room. As seen below, the existing wall needed to be dug out by 1/2 inch in order for the appliances to fit though poorly even still. Even with this modest expansion, the south wall will be more than 30 feet from the road, and would not interfere with any neighbor's views. The original plat shows the location of both roads in their current location but with new GPS technology, both Comanchero Trl. and Apache Drive are mapped 12 and 7 ft respectively, closer to our home. We accept that these are the legal property lines but feel this discrepancy should be considered as the house is actually 32 ft from the road at the closest point on the southeast corner. This is demonstrated in the site map below. Building onto the south side of the existing structure is the only sensible option for a modest addition. The east side of the property includes a 4ft rock ledge and the leech field for the septic. Moving the septic is unreasonable as it would have to be moved uphill, never mind that it is appropriately sized and modifications are not necessary. The northwest corner has a significant grade between our home and the road. This would require unreasonable excavation and the angle of the property line would quickly put any structure into the setback. The southwest corner is the only build area that is possible although not practical. Expanding into this area would change the scale of the renovation as it would require modifying the existing structure and footprint in two directions. The resulting structure would be much larger than we want and be cost prohibitive both to build and maintain. Increased conditioned volume and exterior surface area would require a full HVAC upgrade and increase energy costs. The current plan would utilize our existing furnace that is just 2 years old. We would also require a loft setback along the northern property line. While we understand the designation of the northern yard as a "rear" yard, we disagree wholeheartedly with how and when this was determined. However, we are in need of a 10 foot setback on the northern property line as part of this variance. During and since our pre -application variance meeting with county planner it was determined that the north property line should be considered a back yard. The reasoning was that the two property boundaries bordering a road are considered `front yards,' the property line opposite the side that the property is accessed, the northern boundary in our case, is to be considered the 'rear yard' and therefore subject to a 25ft setback. This was never mentioned as an issue with the initial permit submittal but only once the variance process began. This determination comes 50 years after the construction of this home and as shown below, forces our entire bedroom, part of the living room, and much of the septic system to be considered preexisting non -conformities. This area of the home will need to be reroofed and sided along with the rest of house following the renovation. This will cause delays and additional problems in the future, as permitted work will be inevitable on this old house. In conclusion, all we want to accomplish with this variance is the permission to create and maintain a home in which we can start a family. With this variance, we can begin to create a safer, more efficient and more useful space for our family with minimal footprint and impact. We want to create a house that will improve our living situation, be an asset to the neighborhood, and meet all modern building codes. We made conscious decisions to create plans that had the least amount of impact on the original house, the neighborhood, and our property in general. Thank you for the time and consideration. Sincerely, Heidi Schultz and Steven Beaulieu REVIEW CRITERIA 1. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exist with respect to the specific property. a. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; b. Exceptional topographic conditions of the property; c. Other extraordinary and exceptional situations or conditions of the property. RESPONSE: This criteria is met under (a) due to the shape of the property, which is bordered on two sides by roads and has a narrow/shallow shape on the axis opposite the roadway corner. It would be unreasonable to implement a 25 foot rear yard setback as it retroactively creates a significant portion of the original A -frame and most of the septic system as a pre- existing nonconformity. This criteria is also met under (b) due to the significant grade difference in the northwest corner. This criteria is also met under (c) due to the location of the rock ledge and the leech field. Also, not allowing for a 10 foot setback with the northern property line prevents the owners to make any improvements on that section of the house as it would be considered a pre-existing nonconformity. This is an extraordinary situation in that it is necessary to reroof and reside the entire house following this renovation. This would require an additional variance. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. RESPONSE: This criteria is met because the current footprint and property configuration were in place at the time Applicant purchased the property. No additions have been made to the house since purchase. 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to section 4-115.C.1., the strict application of the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on, the owner of the property. RESPONSE: This criteria is met because strict application of the regulation would (i) render the pre-existing bedroom addition nonconforming and preclude any modifications to the home without a variance, and (ii) prevent Applicant from utilizing the existing home footprint for an addition, which would effectively preclude any expansion of the home due to extreme cost and other practical difficulties. 4. Variance is Necessary for Relief The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. RESPONSE: The home is currently one bedroom and one bath. Applicant is hoping to start a family and the inability to make a modest expansion and improvements to the home would be an exceptional and undue hardship. Granting the requested variance is necessary for Applicant to make the modest expansion and improvements proposed. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. RESPONSE: This criteria is met because Applicant is seeking to utilize the existing home's current footprint to the greatest extent possible, in order to minimize the impact of the marginally reduced setback. Applicant has not received and is not aware of any complaints from the public regarding the home's existing footprint and does not anticipate any such complaint regarding the proposed variance and modification. Granting the variance will allow Applicant to update the current structure, increasing safety and serving the interests of public health and welfare. The setback of the northern property line does not affect the public good in any way. 6. Variance Will Not Impair the County's Zoning. Granting the variance will not substantially impair the intent and purpose of this Code RESPONSE: This criteria is met for the same reasons set forth in RESPONSE #5. In addition, Applicants are seeking the minimal variance required to accommodate a modest expansion of their home. Summary of Mineral Owner Research: We conducted a search for mineral owners of the property at 76 Comanchero Trl, New Castle, CO 81647, by first contacting The Garfield County Assessor's office. They do not have any record of mineral interests for the property. The Assessor inquiry was followed by a search with the Garfield County Clerk and Recorder. Beverly assisted throughout this process and it was determined that the property is located in the Northeast quarter of section 25, Township 5S, Range 91 W. Although there were several records for the transfer of property dating back to 1964, there is no record of transfer of mineral interests. • AirGarfield Ca n F PAYMENT AGREEMENT FORM GARFIELO COIJIITy i-coumrel and Prupc'1y+Owner i"APP1.ILANI"M 1 `e ;61 Sc hk. (4 --_-- . _ agree as frrlllbw5; L The Applicant has sU bo idled pa the Cokinty an applikatl n for the following Preen: OA4 I � �, r PEIN A m /P. e44 Valera Mem 2. The Applicant understands and agrees that Garfield County FLesof utiorl Flo- Z011.50.. as amended, establishes a fee schedule for each type application,. and the go IdeFirkes For the admi nist ratiar% 3f the fee structure_ 3_ The Applicant and II he County agree that because of the site, nature Or scope if the proposed project, it is not 035.5 ible at !his time to ascertain the full extent of 1 he costs involved in processing tIi e a ppI ica ti on. The Applicant agrees to make payment of the Rase Fee, established for the Project, and t3 thereafter perm i1 additional costs to be bi Ifed to the Applicant. The Applicant agrees to. make additional payments upon t lficatio n bw the County, when they are necessary,. as costs are incurred. 4. The Base fee 5harl be in addition t3 and exclusive of any cost for publication w cost of m insuttl ng service detefrn in ed necessary by the Board of County Com mi55ipne r5. for the consideration clan application or addi tio'FaI County staff time or expense not covered by the Base Fee. If actual recorded cosi s exceed the initis I Bast Fee, the Applicant shall pay additional billings 10 the County to reimburse the County for the pro-cessing of the Project. The Applica ni acknowledges that all billing shall be paid prior to the final prrsIderat ion by the Coo my of any Land t.15e Change or Division of Land - J h t�reby .7 r or. 1 o pay all tees related to thi., a p pIicati cm; Billing Contact Persue. Rai o$ Contact Address' 7I ( die e rt. f rc . 1 City: IA/ 45-kk. 11 glt'lrng Contact mall: 0 CI y Y/I ei .(0 TYL plhone, i + e2.R4 State! Printed Name of Person AuthOride'd t3 Sigh; 461 CO zip Code; � 7