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Home My WebLink About2.0 Staff Report BOA 02.27.17Exhibits - Schultz Variance Board of Adjustment, February 27,2017 A Proof of Notice with attachments B Garfield Countv 2013 Land Use and Development Code, as amended c Aoolication D Staff Memo E Staff Presentation F Letter dated January 31,2017 from Orrin Moon, Colorado River Fire Rescue G Draft Resolution of Denial H Draft Resolution of Approvalffi eqmt fl)r r \EP S rtz>r-i- LE@L J K L Gaffield Couln$ PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln addition, please initialon the blank line nexttothestatements if theyaccurately reflectthe described action. My application required written/mailed notice to adjacent property owners and mineral owners. . r0 ,JT 11K] All owners of record within a 200 foot radius of the subject parcel were identified as{-r+-J shown in the Clerk and Recorder's office at least 15 calendar days priorto sending notice. v,( Ofg All owners of mineral interest in the subject property were identified through records in theClerkandRecorderorAssessor,orthroughothermeans[listj- r Please attach proof of certified, return receipt requested mailed notice. My application required Published notice.noVA N Notice was published on the 26 day of January , zoto.. ,l"rl" attach proof of publication in the Rifle Citizen Telegram. M,;r TPRIication required Posting of Notice. de Notice was posted on the 25 day of January , 2615. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. 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Fe{rr6ry 271h. 2017. al 6.30 P.M.. :r)'rr-. tJur.lV Lorirxilie,:)rr' ts Clla,ir. }*rr. Girdiel.l Ci]jirtv Adinl{s,aii*l 3rilaiin'I. gtiili 11"10. 1;€ giir Slrs+t. (ll*riwqid Sprirgs. C,)tra,tl. i31il1li:r.i; D!paa(nr erI Gaili,:ld Ci.r{y Pubirsrsl ir tht 3lfi* Crtla6r 'l ale.Jtam ,1 JirlBr'r' 19.2C1'1. i1?8aX739i Ad shown is not actual print size Lines: 53 Depth: 4.36 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: o'00 Total 38.53 Payment 0.00 ,.t] r,'i , :, :'i:i):':1.4' rl ,;"iu{f ffif,:,ffil rl :';.-rI :,, a *rl t:&. o.' ,r' '4/ nrl ,"lt View of notice from Comanchero Trail. View of second notice from Apache Drive. Both were posted the morning of January 25. APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA ACCESS EXISTING ZONING Schultz Variance Board of Adjustment - February 27,2017 Heidi Schultz Steven Beaulieu 76 Comanchero Trail, Elk Creek Development Approximately % miles northwest of the Town of New Castle .54-acres Parcel No. 2 1 25-251 -01 -028 Apache Drive Residential Mobile Home Park (RMHP) EXHIBIT I. PROPOSAL The Applicant owns a .S4-acre parcel in the Elk Creek Development northwest of the Town of New Castle, Figure 1. The lot is located at the corner of Comanchero Trail and Apache Drive and currently consists of an A-frame structure and a shed, as shown in Figure 2. Pursuant to the Garfield County Land Use and Development Code, as amended (LUDC) Section 3-202 C. shall observe the 25 foot front yard setbacks along both streets. An expansion of the residence is planned, however the expansion would encroach into the front setback along Apache Drive by 3.5 feet. llPage Schultz Variance Board of Adjustment - February 27,2017 Figure 3 - Existing Site Plan Figure 4 - Proposed Site Plan 2lP age Schultz Variance Board of Adjustment - February 27,2017 II. HISTORY AND DESCRIPTION The Schultz property consists of a single-family home constructed in 1966. The home had an open porch constructed in 1970 and enclosed sometime after 1997 when an lmprovement Location Certificate (lLC) shows it as being an open porch. An open porch, at grade, would not have been required to meet the setbacks, however the enclosure of the porch created an encroachment into the required 25 foot front yard setback. The Applicant seeks to demolish the nonconforming enclosed porch and install a foundation upon which the two-story addition would be constructed. The corner of the foundation will encroach 3.5' into the required 25 foot front yard setback along Apache Drive. This is along the south side of the home. III. REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. 1. Colorado River Fire Rescue. Exhibit F: Orrin Moon had no requirements or concerns with the proposed variance. Agencies who did not respond to the request for comments include the following: Town of New Castle, Book Cliff, Mount Sopris & South Side Soil Conservation Districts tv.REVIEW CRITERIA Variances require that all of the standards be met for a finding of approval. Section 4-115 C., Review Criteria. The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this Code: 1. Special Circumstances or Conditions Exist" One or more of the following 3lPage Schultz Variance Board of Adjustment - February 27,2017 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; Statf Comment: The site is a corner lot that is neither narrow, shallow or irregularly shaped. b. Exceptional topographic conditions of the property; and Staff Comment. There are no exceptional topographic conditions on the property. c. Other extraordinary and exceptional situations or conditions of the property. Staff Comment: No extraordinary and exceptional situations or conditions exist on the property. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. Staff Comment: There are no special circumstances or conditions that exist on the site. lt is Staff opinion, that the design of the proposed addition is the cause of the proposed setback encroachment and therefore would be a direct result of an act of this applicant. 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. Staff Comment: Strict application of the regulation would not result in peculiar and exceptional practical difficulties. lt is Staff opinion that the foundation could be moved back 3.5 feet to comply with the setback. 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. Staff Comment: The variance is not necessary for relief. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 4lPage Schultz Variance Board of Adjustment - February 27,2017 Staff Comment: The variance would not cause detriment to the public good. 6. Variance Will Not lmpair the County's Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. Staff Comment: Granting the variance would be contrary to the code purpose; that provides clearly for a required front setback of 25 feet. V. DISCUSSION The burden of demonstrating a hardship is a difficult threshold to meet, given the 'exceptional' and 'extraordinary' language in the LUDC and that it is not a result of the applicant's actions. A hardship is solely related to the physical conditions of the site and the potential limitations that result from those conditions. The task of demonstrating a hardship lies with the Applicant, and a determination of whether a hardship exists is to be determined by the Board of Adjustment. The Applicant cites that a desire to construct an addition, as shown below, to an existing single family home is the reason for the variance. lt is understandable that an owner would seek to improve their property, however this must be done in compliance with the zoning regulations. There appears to be potential to construct an addition in an alternative location of the site, compliant with the required setbacks, therefore Staff is of the opinion that the Applicant has not demonstrated that a hardship exists. 5lPage Schultz Variance Board of Adjustment - February 27 ,2017 Proposed Renovation Site Photos 76 Comanchero Tlail Elk Creek Subdivision New Castle. CO Figure 6 - Proposed Addition 6lPage Schultz Variance Board of Adjustment - February 27,2017 ? .44.'4.5t -------l=13'r-rrTl ',ll //iim v/ i,ml// i i J#IIfflIIfiIIIMI Figure 7 - Elevations - Existing and Proposed RECOMMENDED FINDINGS That proper notice was provided as required by the Garfield County 2013 Land Use and Development Code; That the review before the Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that adjacent property owners had the ability to be heard regarding this request; That for the above stated and other reasons, the proposed Schultz Variance lS/lS NOT in the best interest of the health, safety, and welfare of the citizens of Garfield County if L-,,,--lillr VI, 1. 2. 3 ? I I I I TlFage Schultz Variance Board of Adjustment - February 27,2017 recommended conditions of approval are satisfied; 4. That, upon satisfaction of conditions of approval, the application HAS/HAS NOT met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. Staff finds the variance criteria has not been met as there are no extraordinary or exceptional conditions that exist on the site that result in a hardship, therefore the request for a variance does not meet the LUDC requirements and should be denied. SlPage EXHIBITa EXHIBIT iiIog Colorado River Fire Rescue Kathy Eastley 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: SchultzYariance January 31,2017 Kathy: This letter is to advise you that I have reviewed File Number: VARA-11-16- 8501, Schultz Variance from 25' front yard setback for expansion of existing home located at76 Comanchero Trail in New Castle. I have no requirements or concems with this proposed variance to this property for the expansion of this home. This addition to the home will not add any impacts to CRFR or our response to that area. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. . Thank You, Orrin D. Moon, Fire Marshal CRFR. EXHIBIT G RESOLUTION NO. Series of20l7 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY DENYING A VARIANCE FOR MINIMUM FRONT YARD SETBACK ALONG APACHE DRIVE, FOR A PROPERTY LOCATED AT 76 COMANCHERO TRAIL IN ELK CREEK DEVELOPMENT, NORTHWEST OF THE TOWN OF NEW CASTLE, GARFIELD COUNTY PARCEL NO# 2 I 25-25 I -0 I -028 Recitals A. Heidi Lynn Schultz made an application to the Board of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant a variance from the 2013 Land Use and Development Code, as amended (LUDC), Table 3-201,Zone District Dimensions. B. Heidi Schultz is the owner of real property as identified in a Warranty Deed recorded at Reception No. 826833 in the Office of the Garfield County Clerk & Recorder, more practically described as 76 Comanchero Trail, Lot 77, Block 5, Unit One of the Elk Creek Development. C. The subject property is contained within the Residential Mobile Home Park Zone District and issuance of the requested variance will not effect the requirement for the parcel to comply with the remaining zone district standards contained within the LUDC. D. Heidi Lynn Schultz specifically requests the Board grant a variance from the required 25 foot front yard setback along Apache Drive to allow for an encroachment of 3.5 feet into the setback as indicated on attached Exhibit A. E. Garfield County is a legal and political subdivision of the State of Colorado, forwhichthe Board of County Commissioners is authorized to act. F. The Board of County Commissioners of Garfield County has appointed the Garfield County Board of Adjustment. H. The Board of Adjustment conducted a public hearing on February 27,2017, upon the question of whether the requested variance should be approved, denied, or whether any action should be taken on this matter. l Proper posting and public notice were provided as required for the meeting before the Board of Adjustment. 2. The meeting before the Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. For the above stated and other reasons, the proposed Variance has not been determined to be in the best interest of the health, safety and welfare of the citizens of Garfield County. The application has not met the standards and requirements for Variance pursuant to the 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. l. The Variance from Table 3-201, Zone District Dimensions,25' front setback from Apache Drive is hereby denied. 3. 4. Dated this _ day of ATTEST: A.D.20 GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COLORADO Secretary to the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: BRAD JORDAN. CHAIRMAN STEPHEN DAMM. VICE-CHAIRMAN DWIGHT JUHL. SECRETARY , JOCK JACOBER ) , ) ) JARMAN SMITH MATT LANGHORST zuCK ULLOM RIISSEI, TAT,ROT SEAN MEI,I,O STEVEN BOAT Aye OR Nay Aye OR Nay Aye OR Nay Aye OR Nay Aye OR Nay Aye OR Nay Aye OR Nay , Aye OR Nay , Aye OR Nay , Aye OR Nay DANIEL ADAMS , Aye OR Nay EXHIBIT H RESOLUTION NO. Series of2017 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY APPROVING A VARIANCE FOR MINIMUM FRONT YARD SETBACK ALONG APACHE DRIVE, FOR A PROPERTY LOCATED AT 76 COMANCHERO TRAIL IN ELK CREEK DEVELOPMENT, NORTHWEST OF THE TOWN OF NEW CASTLE, GARFIELD COUNTY PARCEL NO# 2 I 25-25 I -0 I -028 Recitals A. Heidi Lynn Schultzmade an application to the Board of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant a variance from the 2013 Land Use and Development Code, as amended (LUDC), Table 3-201,Zone District Dimensions. B. Heidi Schultz is the owner of real property as identified in a Warranty Deed recorded at Reception No. 826833 in the Office of the Garfield County Clerk & Recorder, more practically described as 76 Comanchero Trail, Lot 17, Block 5, Unit One of the Elk Creek Development. C. The subjectproperty is contained within the Residential Mobile Home ParkZone District and issuance of the requested variance will not effect the requirement for the parcel to comply with the remaining zone district standards contained within the LUDC. D. Heidi Lynn Schultz specifically requests the Board grant a variance from the required 25 foot front yard setback along Apache Drive to allow for an encroachment of 3.5 feet into the setback as indicated on attached Exhibit A. E. Garfield County is a legal and political subdivision of the State of Colorado, for which the Board of County Commissioners is authorized to act. F. The Board of County Commissioners of Garfield County has appointed the Garfield County Board of Adjustment. H. The Board of Adjustment conducted a public hearing on February 27, 2017 , upon the question of whether the requested variance should be approved, denied, or whether any action should be taken on this matter. l.Proper posting and public notice were provided as required for Board of Adjustment. The meeting before the Board of Adjustment was extensive pertinent facts, matters and issues were submitted and that all the meeting before the and complete, that all interested parties were 2. heard atthatmeeting. For the above stated and other reasons, the proposed Variance has been determined to be in the best interest of the health, safety and welfare of the citizens of Garfield County. The application has met the standards and requirements for Variance pursuant to the 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Variance from Table 3-20l,Zone District Dimensions, 25 foot front yard setback from Apache Drive is hereby approved subject to compliance with the following conditions: l. Construction on the site shall comply with the site plan attached as Exhibit A. aJ. 4. Dated this _ day of ATTEST:GARFIELD COI.INTY BOARD OF ADJUSTMENT, GARFIELD COLINTY, COLORADO Secretary to the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: A.D.20 BRAD JORDAN. CHAIRMAN , STEPHEN DAMM. VICE-CHAIRMAN DWIGHT JUHL. SECRETARY JOCK JACOBER JARMAN SMITH MATT LANGHORST , Aye OR Nay RICK ULLOM , Aye OR Nay RI]SSEL TALBOT Aye OR Nay Aye OR Nay Aye OR Nay SEAN MELLO Aye OR Nay Aye OR Nay Aye OR Nay Aye OR Nay Aye OR Nay STEVEN BOAT DANTEI, ADAMS , Aye OR Nay February 21,2017 Garfield C ounty Admini stration Planning Department 108 8th Street Glenwood Springs, CO 81601 New Castle, CO 81647 970-987-4329 EXHIBITT RE: Variance request from the 25' setback at 76 Comanchero Trail, New Castle, CO Dear Board of Adjustnents, This letter is to express support for Heidi Schultz and Steve Beaulieus variance request from the 25' setback required by the county in order for them to make improvements to their home. We've have known Steve and Heidi since we first moved into 15 Apache in 2015 as we are their neighbors direcfly to the east. They have been wonderful neighbors and they have made noticeable improvements to the property which has had a positive impact on the community. Their plan to remodel tleir home will only firther the value and appeal of their property, the surrounding homes on Comanchero Trail, Apache Drive, and Elk Creek Subdivision as a whole. Steve and Heidi should be granted their request for the variance from the county regulatory code. Thank you for your time and consideration, W-di-U,J-71-M Lucas & Kelsey TenHatmsel l/15 Apache Drive January 23,2017 Hello Neighbors! My name is Heidi Schultz, and my husband, Steve, and I live at 76 Comanchero Trail. lt's the old A- frame on the corner of Comanchero and Apache. We are in the process of going through a variance with the county to expand our home from one bedroom, one bath to two bedrooms, two baths. This project is very important to us as we are expecting our first child in July and would love to have a room for the little one, The corner of the existing house is encroaching on the surveyed 25ft setback already and we would like to move the front wallforward 1ft. This requires a variance in order to change the 25ft setback to 21.stt. The footprint of the final structure would have 28sqft beyond the existing 25ft setback. We are.hoping to get some neighborly support in our endeavor. lt would really help out if you:. came to our public hearing on Monday, February 27 at 6:30 in the County Commissioners Chambers,. write a letter that gives your support for us to improve our house, and/or. sign the form below that says that you give us your support. Mail it back or drop it off. We realize that you might have questions, concerns, or want to see what we are going to do with this renovation. Please come over anytime that we are home or give us a call and ask any questions that you might have. You can also see our project plans and read any paperwork that we have submifted at https:/Aruww.garfield-countv.com/public-records/countv-documents.aspx We are doing the best we can to use space efficientty and add/maintain the character of the home and our neighborhood. Thank you so much for your support! Steve Beaulieu (303) 842-6761 Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this property described above. Please approve this variance for our neighbors- Thank You, Name: Signature: Home Adr I u)h,t^l]# W"to,s#uru 0 ana (517) 282-7345 \v../se- Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation ofthis property described above. Please approve this variance to-, our neighbors. Thank You, Name: Signature: t luLt'l Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this prop-erty described above. Please approve this variance for our neighbors. Thank You, Date: 3 9 Cr)rrtt^,on c*:no 'T{"Home Address: Name: Signature: Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this prop-erty described above. Please approve this variance for our neighbors. Thank You, f,)tSu-l [-{,e..c-r-^ f',. rl ,l I!Lur.-,,-.-tcu,tf-* Date: llQ&\i-l Home Address: I e,) C n^..'.o,r...!.c-..=p -f,^-.*-( - N u^] C"^LL-(, Co ( t u t\ Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support lor the renovation of this property described above. Please approve this variance for our neighbors. Thank You, Date: tfnl"tl - Home Address: Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, lgive my support for the renovation of this property described above. Please approve this variance for our neighbors. Thank You, Name: Signature: <-<" ,liAphn tJ4,,J 8o{lz Home Address: t''l (ln,lUa heRO 'IR Board of Adjustments, As a neighbor tiving within 20Q teet of 76 Comanchero Trail, I give my support for the renovation of this prop-erty described above. Please approve this variance for cur neighbors- Thank You, Date: ,lal ,- - Name: Signature: Home Adt r/e rt) Board of Adiustments' .r r -irra ril\, c,r rnoort for the renovation of As a neishbor livins within 200 teet or 76 com"Th?:'Itfl:' nt;'ILt'.Ifrff;' this property 0""'i'oii'il;;' Ptu"t approve this vartar ThankYou, .n lt&F/ARDJAMEs R tt^'r)*p Name: ?;ioat n ft 5t C oltfrN (ttf R o TRfiIL Home Address: N {N 7psit, (o r/t,Y7 Board of Adiustments' As a neighbor living within 200 feet of 76 comanchero Tra,, l give my ?',?p:I for the renovation of this property o*..,.lo;o'il*" pr.uruffiil;ihii variance for our neighbors' Thank You, r .r'a,* Name: Signature: Home Ad flx,D 47 'furw Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this property described above. Please approve this variance for our neighbors. Thank You, Date: u;9/2- Home Address: Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this property described above. Please approve this variance for our neighbors. E'/b3 Thank You, Name: Signature: ;/l*.^"$J 'o^r",. zf ztl t+ Lr*,'iL/t*.*uJ : {i/yr Tqtfu* Home Address: I S I Su -D"t"., N-l^- C*L, C s gt[{z Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this propirty described above. Please approve this variance for our neighbors' Thank You, Date: irii , 8/6(7 Board of Adjustments, As a neighbor living within 200 feet of 76 Comanchero Trail, I give my support for the renovation of this property described above. Please approve this variance for our neighbors. Thank You, ,'..il, /,ctfir'nfilg't' Signature:l'}2 t1_ Address: Board of Adiustments, As a neighbor living within 200 feet of 76 comanchero Trail, I give my support for the renovation of this prop-erty descri-bed above. Please approve this variance for our neighbors' Thank You, Date: /-30- l7 Home Address: 8? - Lom nrtC4E(b (.onta!;., ,^ on ne'^J 4sl'tUpL / >**f February 27,2417 To Whom It May Concern: I arr currently a resident at 46 Apache Dr., and I am writing this letter in support of Steve and Heidi's plans to expand their existing home to the proposed location. I do not feel that the construction would cause any undue impediment to the access and egress of anyone living in or visiting the neighborhood. Beyond this, I feel that the improvements for which they are petitioning would only serve to further beautiff an already wonderful community. As well, {he increased floor plan would be beneficial to local home values thus be an asset to the residents of the community as a whole. I would hope that this board would thoughtfully consider and accept Steve and Heidi's plans to create an expanded living space for their growing family, and as their neighbor, I look forward to sharing their love of the community and their involvement within. Sincerely, Trent Bakich Trent Bakich 46 Apache Dr. 303-667-4953 Sd, Ve^aall br^laoa %fN+\oALr