The URL can be used to link to this page

Home My WebLink About1.0 Application, Staff Report & Correspondence111 411GARFIELDCOUNTY BUILDING AND PLANNING August 17, 1994 Ken and Robin Garvik 0464 Stagecoach Lane Carbondale, CO 81623 RE: Board of Adjustment Hearing F Dear Mr. and Mrs. Garvik: Please consider this letter to be official notification that on August 16, 1994, the Garfield County Board of Adjustment approved your request for a variance from Section 3.02.04, Minimum Setback, to allow a 12 foot encroachment in the required 25 foot setback at 0464 Stagecoach Lane, Ranch at the Roaring Fork, Lot 7. If you have any question, feel free to contact this office. Sincerely, y Stella M. Archuleta Secretary to the Garfield County Board of Adjustment 109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 r'.SENDER: Complete items 1 and/or 2 for additional services.I also wish to receive the Complete Items 3, and 4a & b.following services (for an extra P Print your name end address on the reverse of this form so that we can f S2 return this card to you.t E • Attach this form to the front of the mailpiece, or on the back if space 1. Addressee's Address Sdoesnotpermit. Write "Return Receipt Requested" on the meilpiece below the article number. 2. Restricted Delivery E.The Return Receipt will show to whom the article was delivered and the dateCd Consult postmaster for fee. 3. Article Addressed to:4a. Article Number KENNETH COLLINS Z 209 194 304 i E 0437 STAGE COACH LANE 4b. Service TypePETURN RECEIPT8CARBONDALE, CO 81623 Registered Ulnsur 0 X] Certified COD eCO iSSC 0 Express Mail Return Receipt for Merchandise0 7. Date of Delivery Q 6. Signature (Addressee)8. Addressee's Address (Only if requested a and fee is paid) k ; 6. Signature (Agent) TPS Form 3811, December 1991 us. GPO: 1993- 952-711o DOMESTIC RETURN RECFCT a Z J N i STA \\ ' 1 NCJ s1Y• _tN R; N v O MN 0 v O ry H O UWr] UJa d O qq 1.11 N ti ZCC v - w N r--O f 0 z-) Lt • m W ~ 0 1OWo Z i 0 Z in Z z 2 R V .' 0 N M d N 0 Z - 0 Zl 0 3OZZ WJIDJJ RESCHEDULED PUBLIC NOTICE TAKE NOTICE that KEN AND ROBIN GARVIK have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance to Section 3.4.4 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 7, Ranch at Roaring Fork Phase V, Final Plat (Residential Parcel V), County of Garfield, State of Colorado Practical Description: Located at 0424 Stagecoach Lane, Ranch at Roaring Fork, between Carbondale and the Eagle County line. Said Variance application is to allow a 12 foot encroachment in the required 25 foot setback on the above - described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That a rescheduled public hearing on the application has been set for the 16th day of August 1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County w.iti SENDER: N • Complete items 1 and /or 2 for additional services.I also wish to receive the Complete Items 3, end 4a & b.following services (for en extra rb Print your name and address on the reverse of this form so that we can 2returnthiscardtoyou.fee): ip • Attach this form to the front of the mailpiece, or on the back if space 1. Addressee's Address a I does net permit. Write "RrnumRept Requested" on the erticle was a liteedarticle number. 2. Restricted DeliveryThTheReturnReceipttwillshowehowtowhomthearticlewasdeliveredenddBthedate g delivered.Consult postmaster for fee. CC3. Article Addressed to:4a. Article Number KEITH & BARBARA AULIK Z 209.91 305 E0451STAGECOACHLANE4b. ' :r 2- tZ5' I'` '1iCARBONDALE, CO 81623 eg'• :red r cured ca V R - C: tified nnflG hi .D e Q cl , Ia C'111.turn Receipt for zAMerchandiseo7. •:,• • Delia-w 8. and fee_ isPeiddress (Only if requested ag )MI 6. Si( ature (Agent) P" PS Form 3811, December 1991 u.s. GPO: 1aa3 -352-714 DOMESTIC RETURN RECEIPT r.. 4 SENDER:y • Complete items 1 and /or 2 for additional services.I also wish to receive the I • Complete Items 3, and,da & b.following services (for an extra Vf8 Print your name and address on the reverse of this form so that we canreturnthiscardtoyou.fee): g • Attach this form to the front of the mallpiece, or on the back if space 1. Addressee's Address tidoesnotpermit. Write "Return Receipt Requested" on the mallpiece below the article number.p •The Return Receipt will show to whom the article was delivered end the date 2. Restricted Delivery st delivered. Consult postmaster for fee. t3. Article Addressed to:4a. Article Number COLLINS TURNER Z 209 194 307 E 0411 STAGE COACH LANE 4b. Service TyptitETUKN RECEIPTCARBONDALE, CO 81623 Registered Insured 2 I Certified COD w Express Mail Return Receipt for p Merchan ise SO7. Dat ryQOV 9, ¢ 6. Signature (Addr see 8. Addressee's Addres (Only if requested eandfeeispaid) 6. Signature (Agent) in PS Form 3811, December 1991 U.S.oPO:toas— as2ate DOMESTIC RETURN RECEIP r-SENDER: p • Complete items 1 and /or 2 for additional services.I also wish to receive the 1 • Complete items 3, and 4a & b.following services (for an extra Print your name and address on the reverse of this form so that we can fee):return this card to you. 4 .E • Attach Elformtothefrontofthemeilpiece, or on the back if space 1. Addressee's Address I does not permit. 1,WriteeReturn Receipt Requested" 00 the mailpiece below the article number. 2. Restricted DeliveryTheReturnReceiptwillshowtowhomthearticlewasdeliveredandthedate Cjgdelivered.Consult postmaster for fee.ffi 3. Article Addressed to:4a. Article Number CC 1 ALAN & MERIDITH KOENEKE Z 209 194 309 E 0404 STAGE COACH LANE 4b. Service TypeRUURN RECEIPT Et1CARBONDALE, CO. 81623 Registered Insured N Di Certified El COD 6 G Mil 0 Return ReceiExpressaReceipt for Merchandise 7. D of li ry wil 1 5. Signature (Addressee)8. Addressee's Addre s (Only if requested .x and fee is paid)Cg cc 6. Signature (Agent) ea PS Form 3811, December 1991 Au.s. GPO: 1993- 352 -714 DOMESTIC RETURN RECEIPT N. 3 SENDER:e) • Complete items 1 end /or 2 for additional services.I also wish to receive theCompleteitems3, and 4a & b.following services (for an extraPrintyournameandaddressonthereverseofthisformdothatwecan return this card to you.feel: a .Attach this form to the front of the mailpiece, or on the back if space 1. Addressee's Addressdoesnotpermit. Write "Return Receipt Requested" on the meilplece below the article number.E. The Return Receipt will show to whom the article was delivered and the d ate 2. Restricted Delivery C delivered.Consult postmaster for fee.I3. Article Addressed to:4a. Article Number i AURICE & ROGER MUSICK Z 209 194 3Q6 i 1 0456 STAGE COACH LANE 4b. Service Type TURN RECEIPT 6 CARBONDALE, CO 8162 El Registered Insured N a Certified COD w Express Mail Return Receipt for g Merchandise p 7 t 7. Date 4livgry a '& 5. Sirlature (Addressee) 8. Addressee's Address ( my if requested and fee is paid) 6. Signature (Agent) PS Form 3811, December 1991 aus. GPO: 1993 -352-714 DOMESTIC RETURN RECEIPT m SENDER:' p • Complete Items 1 and /or 2 for additional services.I also wish to receive the Complete items 3, and 4a & b.following services (for an extra Print your name and address on the reverse of this form so that we can fee):treturnthiscardtoyou. E • Attach this form to the front of the mailpiece, or on the back if space 1. El Addressee's Address adoosnotpermit. Write "Return Receipt Requested" on the mailpiece below the article number. 2. Restricted Delivery E.The Return Receipt will show to whom the article was delivered and the date g delivered.Consult postmaster for fee. CC3. Article Addressed to:4a. Article Number DON & MARYANN JERVIS Z 209 194 308 F 0392 STAGE COACH LANE 4b. Service Type )RETURN RECEIPT it CARBONDALE, CO 81623 Registered LJ Insured N E Certified COD 6 W Express Mail Return Receipt forGMerchandise g Q 7. Date of Delivery Q cg"-/ 93/0 G 5. Signature (Ad el 8. Addressee's Address (Only if requested ,x and fee is paid)ccc ; 6. Signature (Agent) pPS Form 3811, December 1991 ous. GPO: t9SO-352 -714 DOMESTIC RETURN RECEIPT SENDER: Complete items 1 and/or 2 for additional services. •I also wish to receive the bfl e • Complete items 3, and 4a & b.following services (for an extraPrintyournameandaddressonthereverseofthisformsothatwecanfee):return this card to you. Attach this form to the front of the mailpiece, or on the back if space 1. Addressee's Addressdoesnotpermit. YWrite "Return Receipt Requested" on the mailpiece below the article number. 2. Restricted Delivery YTheReturnReceiptwillshowtowhomthearticlewasdeliveredandthedate delivered.Consult postmaster for fee. B 3. Article Addressed to:4a. Article Number tr I MICHAEL & GAYLE MORTELL Z 209 194 303 E g0425 STAGE COACH LANE 4b. Service Type RETURN RECEIPT ccCARBONDALE, CO. 81623 Registered Insured 2 Rl Certified COD w Express Mail Retur Receipt for Mer andise R7. Date of D ` /y '` / 915. Signature (Addressee)8. Addresse s Add ss (On1 if requested ag and fee i paid)C 6. Signet r,-- (Ager1 7 4 q 7 L/G /"iywL to PS Form 1 1, December 1991 MIS. ol•O:taaa- 352 -Tt4 DOMESTIC RETURN RECEIPT n.O SENDER: 4p Complete items 1 and /or 2 for additional services.I 8150 wish to receive the iO • Complete Items 3, and fla & b.following services (for an extra dPrintyournameendaddressonthereverseofthisformsothe; we can 9returnthiscardtoyou.fee): E d • Attach this form to the front of the mallpiece, or on the beck if space 1. Addressee's Addressoesnotpermit. Write "Return Receipt Requested" on the mailpiece below the article number. The Return Receipt will show to whom the article was delivered end the datedelivered. 2. Restricted Delivery Consult postmaster for fee.3. Article Addressed to:4a. Article Number RANCH AT ROARING FORK HOA Z 209 194.310 E g 14913 HIGHWAY 82 4b. Service Type RETURN RECEIPT & y CARBONDALE, CO. . 81623 Registered Insured Certified COD ra Ir Express Mail Return Receipt for 0 Merchandise Q7 Date of Delivery w 21-2- /4/gG5. Signature (Addressee)8. Addressee's Address (Only if requested Yandfeeispaid) 6 A/.(/'i t S '. rm s7Decemb: 91 U.s.OPO:fwa -452-714 DOMESTIC RETURN RECEIPT 1 Y ^ O NOICY 6-6•6.6-0.i 0 3w y Yw h o c aFppx> yP .0 YN in 5 g. C b O 3 •CFdY is Y O OM p PW) BB rigr---c C 8 Y O v p in F a 1HTh A N« F wad b AvF °o FAro 3... 9 ti v .t u .... o x 11!^F « ^GN ''u~ N R C' s It >p4!O . CJ a L W O C p p j tONWaYgaWj coN ° 8 W.0 J a 4 O N.00 F X UO Y F 0 g04 '4 P. AW 7 b H W d N V 01 tic" Y V F F Y 0 « I. G Y r L 0 41 iV 0'0116'6 c "L AJ' tyytqq w C °\ F C7 o.w co0YFTM °F. Yb`Ee23 aO°Y C VN 1ffli! E Crdoi3uaA8Ca e y w fn 1 .Y a o 8 OdVy CS is, Ll o q fn a. E0 8 4;i « F r, I ' b — i Y C Y a i U % ' 1, f ..... ...., •• 1 w Ts { Y QQ W U. qY ,,, ;.c .,,,, W Y N v),.., y4 F Y b W F Y y ohs!' j qc l OoQQQQQQQorO'^vA Nr• i 5 Y o 1i' K. H w z «..0= y « G 1• o 1 o F " N tit! CS F O W.1 ."•e A. v n of w F o 4i y µ./ >,i y % •li I tit li11111 1 11111yWu11 rIitiHi . it tire al I ft A RUH 1 11 O1Maliitt11I1!IIhuJIflj Mil / I Z ,209 1494 303 Receipt for Certified Mail No Insurance Coverage Provided at Do not use for International Mail See Reverse) Sent to MTCT.A$T & (Avur Mf1RTFLT Street and No. aL 04 CT ACE- COACH LANEP.O., State and ZIP Code CARBONDALE, CO $1623rave 29 ECertified Fee 1.00 t(I Special Delivery Fee Res4kte0 Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to whom, 1.00Dale, and Addressee's Address TOTAL Postage a Fees$ 2 29 ostmark or Dale Z 209 194 304 IvReceipt for Certified Mail No Insurance Coverage Provided mu Ami Do not use for International Mail See Reverse) 7F J1ANETH COLLINS Street and No.1 0437 STAGE COACH LANKaPO , Stale and ZIP Code CARBONDALE, CO 8 A23 Postage 29 Certified Fee 1. 00 eI Special Delnrow Fee i (kshfieted. Delivery Fee Return Receipt Showing I' to Whom 8 Date Delivered Return Receipt Showing to Whom.1.00Date. and Addressee's Address TOTAL Postage 2.29BFees Postmark or Date 1 — H 21 Z 2,09 Lg4 306 itReceipt for Certified Mail No Insurance Coverage Provided man Do not use for International Mail Q 5 See Reverse) AIVICE & ROGER MUSICK fa 6anSTAGE COACH LANE P.O., State and TIP Code cr CARBONDALE, CO "8:623 anCO Postage 29 G Certified Fee 1.00 t, 5(1edal DelvPtyPer diesInc ed Delivery Fee j1 Return Receipt Snowing to venom 6 Date Delivered 1.00 Return Receipt Showing to Wnom 2.29 Date, and Addressee's Address TOTAL Postage Fees Postmark or Date Z 209 194 310 ivReceipt for Certified Mail No Insurance Coverage Provided awns Do not use for International Mail ISee Reverse) Q Sent to INCH AT ROARTNG FORK HOA Street and No.1 14913 HIGHWAY R2aP.O , State and ZIP Code GQRBONDALE CO 816238 " Postage 29 E Gentled Fee 1 00 LLI el Dery vrr $Pac I Af fee i f 1 1 040160;0 Detivaly. Fee Return Receipt Showing II to Whom & Date Delivered Return Receipt Showing to Whom,1.00Date, and Addressee's Address TOTAL Postage Fees 2.29 Postmark or Dale Z a09 194 305 dIEReceipt for Certified Mail No Insurance Coverage Provided Emmamorns Do not use for International Mail See Reverse) ISent toKEITH & BARBARA AULIK 1 sbeFils STAGE COACH LANE CARBONOA B CO 81623 i Postage 29 C Certified Fee 1.009 StlNdlar ( r vt r Cee 1 IFIeSt1eied delivery' ree 1.00 Return Receipt Snowing ftoWhom & Date Delivered 2.29 Return Receipt Snowing to Whom. Date, and Addressee's Address TOTAL Postage fees Postmark or Date L — za —aL1I I Z d09 194 307 ivReceipt for Certified Mail No Insurance Coverage Provided y= Do not use for International Mail See Reverse) Sent to COLLINS TURNER t Street and No.0411 STAGE COACH LANEaP.O., State and ZIP Code I CARBONDALE, CO 81623 Postage 4lYJ 29 E Certified Fee 1.00 mLL ,Speeiel Delwe y Fee Restricted Delivery Fee Return Receipt Showing to Whom a Dale Delivered 1.00 Return Receipt Showing to Whom. Date, and Addressee's Address 2.29 TOTAL Postage Ls a Fees Postmark or Date 7 -za -9 Z ECM 194 308 iv Receipt for Certified Mail No Insurance Coverage Provided ammommozed Do not use for International Mail See Reverse) DON & MARYANN JERVIS Street and No .1 0392 STAGE COACH LANE2P.O . State end ZIP Code ARBONDALL CO 81 Postage C 29 ICertified Fee 1.00 r Special Delivery Fee t Restricted Delivery Fee Return Receipt Showing to Whom & Dare Delivered Return Receipt Showing to Whom,1 00Dale, end Addressee's Address TOTAL Postage S Fees 2. Postmark or Date 7 rZ. rSY Z .209 194 309 iv Receipt for Certified Mail No Insurance Coverage Provided r e Do not use for International Mail See Reverse) wI Sent toSTAN & MERTDITH KOENEKE Seeet end No 0404 STAGE COACH LANE P.O.. State and ZIP Code ifCARBONDALE CO 81529 Postage i Certified Fee 1.00 Special Delivery Restricted Delivery Fee 1 f Return Receipt Showing to Whom IS Dale Delivered Return Receipt Showing to Whom. Dale, end Addressee's Address 1.00 TOTAL Postage 2.29aFees Postmark or Date I 7 91-( ID GARFIELD COUNTY BUILDING AND PLANNING July 27, 1994 Ken & Robin Garvik 0424 Stagecoach Lane Carbondale, CO 81623 RE: Variance Request Dear Ken and Robin: Your application for a Variance to Section 3.4.4 of the Garfield County Zoning Resolution of 1978, as amended to allow a 12 foot encroachment in the required 25 foot setback has been re- scheduled for a public hearing before the Zoning Board of Adjustment on August 16, 1994, at 7:00 PM, in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested you or your authorized representative be in attendance. The public notice will be submitted by the Planning Department to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. We will contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form will be mailed by the Planning Department by certified return- receipt to all property owners within 200 feet of your property no less than five 5) days prior to the hearing. All mailings must be completed no later than July 19, 1994 to ensure compliance. The proof of publication from the newspaper, certificates of mailing and return- receipts from the mailing must be submitted to staff, prior to the public hearing. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, EittAt Dave Michaelson Planner DHM /dhm 109 8TH STREET, SUITE 303 945. 8212/625-5571 /285.7972 GLENWOOD SPRINGS, COLORADO 81801 RESCHEDULED PUBLIC NOTICE TAKE NOTICE that KEN AND ROBIN GARVIK have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance to Section 3.4.4 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 7, Ranch at Roaring Fork Phase V, Final Plat (Residential Parcel V), County of Garfield, State of Colorado Practical Description: Located at 0424 Stagecoach Lane, Ranch at Roaring Fork, between Carbondale and the Eagle County line. Said Variance application is to allow a 12 foot encroachment in the required 25 foot setback on the above - described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That a rescheduled public hearing on the application has been set for the 16th day of August 1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County 1 i 0 411161404-4 f " 1/017 i V913 6( , i , ,t • „, , a' t at eettm-vra..g /4 t...3 t i 59g _ 5‘/., /‘ ... co 7 4,-) Mak? a rv, A-- 0-la -Sto ?IL i t,1 i4 4;(-0-gdz3I- t• I a g 9 7-- Sid /it-ode/Li» ‘ fi It:I /Yi : -"e /a r4-e4 II II o #/ /ie. ei-A c IL Lte‘-e- eidr 4 i to 2:5 7 H2-y) Eat-ft/82a 44 us ie/i/ 04--c# 0 10/5.z. ow 64 lac— g 1.- Ern 2-3 Jo ri 0 A f SAt- -0 it& - 7 54-en 0.4. 249 tt ft j / 45 0 4 a f-3,7 Silii-cin it-- 9 Ib /7 6 eialet0 ilorlei ofz efray1.--‘9, 1 AT ROARING FOR July 19, 1994 Garfield County Glenwood Spgs, Co 81601 Dear Commissioner: The Board of Directors of the Ranch at Roaring Fork would not oppose the granting of a variance to Ken and Robin Garvik Residence at 0424 Stagecoach Lane. Sincerely, Franklin Hallowell President 14913 Highway 82 • Carbondale, Colorado 81623 • (303) 963 -3500 0 1 1: 415/94 PROJECT INFORMATION AND STAFF COMMENTS REIN JEST:Variance from Section 3.02.06 - Minimum Setback APPI.ICANT:Ken & Robin Garvik J.00ATION:Lot 7, Ranch at the Roaring Fork, Phase 5 (0464) Stagecoach Lane). SITE DATA:The lot is 10,673 square feet in size. WATER /SEWER:Community water and sewer. ACCESS:Stagecoach Lane EXISTING AND ADJACENT ZONING:Accommodations/Resort Planned Development (P /D) I.DESCRIPTION OF THE PROPOSAL A. Site. Description: The subject property is a residential lot in the Ranch at Roaring Fork Planned Development. The rear yard of applicant's property backs up to the Ranch at Roaring Fork Common Open Space. Improvements on the property include a single -family dwelling unit with a 15'x24' concrete patio. An Improvement Location Certificate is attached on page '3 •. B.Jnrst: The applicants are requesting a variance from the required thirty foot 30') rear yard setback on the south side of the lot to build a two story addition onto the house to meet the needs of their family. The proposed variance would put the rear wall of the house thirteen feet from the rear lot line, which backs up to the Ranch at Roaring Fork common aria and water treatment facility. The application letter is attached on page• i ' II. MAJOR ISM JES AND CONCERNS 1.Zoning: The Ranch at Roaring Ford was zoned Accommodations/Resort Planned Development in the early 1970's. The first zoning resolution for Garfield County was adopted in October of 1970 and created zoning only for the Roaring Fork Valley. The remainder of the County remained unzon%11 until 1973. The A/C PD zone requires a 25' rear yard setback (see page s There has never been a request to amend the zoning at the Ranch at Roaring Ford to Planned Unit Development, even though some people were under the impression that it was automatically done at the time of zoning the rest of the County in 1973. 1 2.The Ranch at the Roaring Fork covenants require approval by both the County and the Architectural Committee for variances to setbacks. Staff has received verbal verification that the ARC has approved the variance subject to the County approving it. 3. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property," the Board may authorize a variance. In addition, the Board must also find that: A. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and B.That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; and C. That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and D. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. 4.The applicant's lot is smaller than the adjoining lots, due to an easement for the Ranch at Roaring Fork water treatment facility (see Page s (0 a Given this circumstance, staff agrees that there is a hardship created due to the unusual configuration of the lot and that granting the variance will not have any detrimental effect on any adjoining property. Additionally, similar variances have been granted at the R. at R.F., which may account for the other units having less than 25' setback. III. SI IGGF,STRD FINDINGS 1.That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2.That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3.That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. IV. RECOMMENDATION APPROVAL of the proposed variance as requested. 2 Nvr,pmpnl,gyM1 4•t,16•wV4lwNwNgMN.T.Io nnnmmmnvmmoac .awn.n.n.wm(waw+no•• ii Improvement Location Certificate I; i l f CURVE DELTA ANGLE RADIUS ARC 00424 STAGECOACH LANE'1 C I 03'50'45'550.00'37.45• i C 2 19'17'14'165.00'55.51' i 1 LINE BEARING DISTANCE aI. I N 66.34'40.1 14.11'i4L2S21'14.03'W 17.30' 1h 1 yb Pq COIJC R• U.z DRIVE PIN & CAP V 2 • g,FOUND y 1 .U 'G.1 HOUSE a ut )G O 9 a FENCE LINE FIT. b 4 , SD 3 COM PATIO p . E yi SCALE I' •30'O'y 7.50 FOOT UTILITY ANDLrs .,,. 1 IV 7 /DRAINAGE EASEMENT S 0049'46•F29, 49• PIN & CAP FOUND PROPERTY DESCRIPTION LOT 7, RANCH AT ROARING FORK PHASE V,FINAL PLAT (RESIDENTIAL PARCEL V) COUNTY OF GARFIELD, STATE OF COLORADO IMPROVEMENT LOCATION CERTIFICATE HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PRE—PARED FOit KENNETH W. & ROBIN LITTLE GARVIN *, THAT IT IS NOT A LAND SURVEYPLATORIMPROVEMENTSURVEYPLAT, AND TI IAT IT IS NOT' •I'O BE RELIED UI'ONFORTI112IESTABLISHMENTOFFENCE, BUILDING, Olt OTHER FUTURE IMPROVEMENTLINES. I FURTHER CERTIFY THAT THE IMPROVEMEN'T'S ON THE ABOVE DESCRIBED PARCELONTHISDATE,10/00/93 EXCEPT UTILITY CONNECTIONS,ARE ENTIRELY 1VI•IHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN,TIIAT THERE ARE. NO ENCROACHMENTS UPON TI - IE DESCRIBED PREMISES. BY IM-PROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THATTHERE' IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OftBURDENINGANYPARTOFSAIDPARCEL, EXCEPT AS NOTED, Nova RSIfuo /.,IT IS HEREBY STATED THAT THE STRUC- TURES LOCATED ON THE ABOVE DESCRIBEDPROPERTYARENOTLOCATEDWITHINTHE u.,i 100 YEAR FLOOD BOUNDARY. M AND STEWART TITLE JAI;3ES'W, SEXTON•rE 414. 842OFGLENWOODSPRINGS1 '2 . 43 t DA'T'E j ka c.)1. H v I,a 31 JAMES SEXTON JOB NO.9302 SURVEYING ii Glenwood Springs,t0al661 303. 945.4700 YaRM 'NYlfllilUm • (tltl}YtlE'.°mwre w....n.—..-_. -_ June 24, 1954 ti To 'MOM It May Concei We are requesting a variance to add on to the myth family room of Our home because we have simply outgrown the space in which we 1ive. Our family now numbers 5, and we have various for exchange student=_ living with us throughout the year. In lieu of building a whole new house which would cause us financial hardship in these times of escalating real estate value =_, and would add to the density of a community that is already hurgerining with growth, ws would simply like to enlarge the home in,which we live. The current setback requirement from the • — O,31 rr•'oe : — `..y liri': is 25 FrE!: If you look at the enclosed ILC, you will mote that our ruEr propertylinehasa. severe jog in it to accommodate an electrical easement running lengthwise along our rear fence line. if that joy were to be hypothetically straightened out, we believe that our addition would AIJT encroach into the county setback. We believe the shape of our lot constitutes a hardship that affects the strict application of the county setback requirement. We have no other area in which to add living epoce to our hone, unless we go up a story, which again, k.i inun.lse considerable financial hardship an us at this time. Ode are only -isl.:ing to entices an existing concrete patio Brea which is currently 13 feet from the closest portion of the fence. Additionally, our property adjoins 320 acres of common ground to the south in whic :h we have an ownership interest. There is. no structure and never will be another structure to the south or cur current: fence line. Our proposed addition will not impact that 320 acres to the south or the properties on either side of us. Furthermore, we have received approval from the Ranch at Roaring Fork for this proposed addition. On the same side of our street, ale o adjoining the common ground, there is another, newer home which clearly is not built 25 feet from the rear property line. It is located at 0342 Stagecoach Lane and is owned by Hugh McGee. The stream behind it literally flows beneath the attached deck in places. Furthermore, the home due west of the McGee home is also built well within 25 feet of the rear property line, as it too overlooks the running water. That home is located at 0312 Stagecoach Lane and is owned by Joan Acebo. In conclusion, we feel our hardships arise from the following conditions: the irregular configuration of our lot our financial inability to build a new house our financial inability to go up another =_tort'. We believe we should be granted a variance because: we have outgrown our living space. our fenceline borders a common parcel on which nothing can ever be built, and of which we are part owner. there are clearly other homes on our street which do not conform to the current county setback regulation. the neighbors on either side of us, and who would be most impacted by our proposed addition have given their consent. Thank you for your consideration. Sip a ily,r1'enneGarvik Robin Little Gar h u 1e rt I li•h'CI Ili r" a 1Ir ^'t t I Iifi11IPIli it 1th p (1 !•' l 1 :F(. I rJ i i E ; y(r l 11 F I I I a p'Ij II I h l I ky , I ry l e , I 1 Is 1 1: P D ,, , W iv. t y w ' : . III Va ly dV `l I r i i fal X1 1 I k y11I 111x li kl x 'i'rN 111 ll I.. I a r >I1 1i I Ir I h I' YlII 'ill 11 4 1 I.Y i . § I xl 11 t4 ^' I Illy 4 liyl 1I II I If r Q II I f 9 r h l 1 J a i V I 4 Iy ! l I A I I' t V 4 I bl 1 , i h d l 6 IYY! IT , d, II t 1Ih1 l 1,y I' I I' 4 lrlr it a I I . T 1.•I 6 I 'II r7 11 r l 4 IY 8 1 i d L 1 )gllll I t i l d 1 1 1 I i : 1 4 1r I h I I J 1 k t i l a a FF M Ir II 1 h I I Ii • I •k l1t Ili•Jt 1 I I I pri llli h 1° I I 1 1' 1, I 1, V 1 L.I i,1 1 J PI a a.1 ri r ai11 1 I id 141,11441-1,1 41 Idy 01:!: 0, t° II i I 11> 4 rr 1 1 d AI 1 "11 :1 t 11 1NIANI - I I e ., II 1 Ii Iih nY i Ytl ei II I k I a W'" h I YI 1 a I 1 l t,1 f rI Ry fI iI1i1r14al 5 J l 1 i l i a l j it I d 1 1 I xl l I J . a y I I ll lr v i d I iI I I I e F 1,01- a + al a F Lill •Y a P I ' 1 1 y 1 vl IrIIi : 1 a r r I I I v e P II al a v 1k11 It',, 1 x I,_r t ai a II T 4,14,4,111i-„'?.;: 4 1` III k I f 1 1 1x I iV I 1.1 l arl Ili n Ix ld} 6 .N 1 n ti Ir ! : Ik I I. idrl lni •'F Hxl { Utd C. I 4 f 1,I I Y' I U rx l u 1 I i i11 1 I 11'11.j!!' 1 , 1 d I'Ir I fr a i t I l: I I r 1 4 a I Y V 1 -0 I 4 r is x !; 1711 I x , s 'I { I A tIa • f'I @ i {I P79 p VP i t a[:i y u { k I d 1411 ,1 i I ti tl til r if:: k 1 I I - t V, .. la I p r , , I I l t t I J n 4 1 k 1 rt Ii1J I{5W II 111 II r d , 11 y k ,, 1 y r ll % I 4 d 1 VI I I t 1 111 IJ 11 N I r n r F I ; 1 1 i" 1 y! a 4 Y ;I I V I r f ` • I 1 y " P LIE III tl i I1 H I Ilf 1, 1 t 1 7a il I I r 14011,.:' ` 4 I.I I t J 4 h I I Ind 11idirP.l' 1 1 1 II ! i(. r r f1 F I1 i t 1 p afl1ll411111IILd10 ; l r It 4; 1 1 1, 1 I r J i,tIIJll1IIr } 1 1 f ut I t !I I v x I i t I 16jrIIIdlIltiiiI. a a44111p ray I i 11 111.1,:::45;:, I 'WI: al ' n i 1r' "Ir a 1 i1 1,1::;.1,1:1T: 11 1 d ' 'II f I C i 11 f : ,r PI1 '0,,, 'il I I )lel 1 i 1 I',10 1I F! II ly, 4xt liyq. 111 IN . VI 1i'1r n B .II r't t tt!i r ar dtlkI 1 II lY 1 9itr rll'1N ,4 ti I' fllarald IT Ij Ir 1i I 4 1: Id II t'nl II 1 .II:.r 1IL L, .1 - } ggit.lcilt 1 I ri l " I-ill l Il IIIII 11a i 11 III jI ! ' I4 a Y I. 1ft r f I li 1 irr tll: 1 i„iii , t lu ni. N11 I ykt rI ( 11 A 1 II Ir r. I11 1 14.,I 011-11-1;c;' h Irii! I I 1 x I J 1 9 1 II ° 1'I 'Mini,. Illl 1 4 I1941' Ir IV 1 1 9fM 1 r ':,dl '.'al r ,t Y 1 1h. 1 r11 111 1 1 1 i y r l 1j1 . lrJ t ; h 1;I I l 1 11 l 1 I1I711VTOL1lixV 1 1 11 Ij 1 t 014l4 1 II I• l i •l 1 Ill 1 . 1 iI II {I 111 IL I I a 1 1 I11 !: ' 11% 1111 '1 111 91111 III I 11 • 42,.. I ' WA' 11 •I f N t i t t I 1 4 I1 I I;d xw II 11\1' 1 0 '',1'Ihl..'1.L .'. IJ 1 1 r 1 f 1) Accommodations /Resort Planned Development District 1 I1.1 Permitted uses: I Any permitted use of the A - Agricultural District I Two family, multiple family dwelling Boarding house, rooming house, hotel, motel, lodge, resort cabins I C I Mobile home park, camper park - subject to provisions under 4.0 Supplementary 1 Regulations and the Mobile Home Park and Camper Park Resolution. II! •Art gallery or studio, indoor, theater, auditorium Retail establishment:1 ' iv Sale of antiques, art objects, boats, books, camping equipment, clothing, gifts, photography supplies, sporting goods and similar recreation- oriented shops. 1 i I li Recreational service establishment: 1 Restaurant, vehicular and equipment rental I I • Archery or r range, fishing pond, golf driving range, guide service, hunt-1:,I ing camp, ice or roller skating rink, kennel, marina, rodeo grounds, skeet or at;l trap range, ski lifts and trails, snow vehicle course, stable, and swimming 4 pool. 2 Conditional uses:ffI '4 1 Aircraft landing strip l :t;Automobile service station i • Race track for vehicles or animals i 1 0.3 Minimum development district area 5 acres 1. 1 I . 1 ).4 Minimum lot area for lots devoted wholly or partially to residential uses:l 411 Unsubdivided land 5 acres 3 Subdivided land where septic tanks are utilized for 1' 14 sewage treatment 2 acres Y Subdivided land where both primary and secondary sewage II treatment is provided 21 t11,/Maximum floor area ratio 0 50 sq. ft. 1.0 sq. ft 1k iff Minimum yards Front yard setback - arterial and subarterial roads 50 feet I(other roads 25 feet 1 Side yard setback 5 feet ii Rear yard setback 25 feet 3.9.6 Maximum height of buildings 35 feet 1: ;3.10 C/1 - Limited Commercial District 1 1 l 3.10.1 Permitted uses: I 2! I Any permitted use of the 11/3/40 Residential District t. School, day nursery, church. lIi . I11Audit library, museum, art gallery, membership club, public building 1 -:f for administration. Hospital, clinic, nursing or convalescent home. Office for conduct of a business or profession. 1 {I,i a_*..a s.e Iia.,q t :,o fnl1nexi rP li I p I t 1 l t i I '.. d I i i.f',I hI I I a 11 I l l e q `I I I 1 , i F { I IINx al I x 11 1;1:(1,14:4 I I I IE ` l e I { (: rl 1 ' l .1:4 I1 x I , I 1 4 11 I'Y 4, i I n I l } 1 } 111 1 Kq; A N4+N S 11 I t RI t r M Ile 11 1p ( Y, 1I11 3l t 1 I I x I 11 l;!I1114.1 I F (1 a f 4'1.1.1;,1;.51 If I(( 116 , dIi 1 N 1 I I 1 . 1,,14 - ! : I 1'I : x 111 Y I I I I , i I 1 I J Ix 1 N 1 II 1 I 'l l f i 1, 'N l e I e 6 , 1;!11..-. I x F II °' I I, 1 1 I 1B1 Il,f x l - I I x Y 1J 1 4 I 1 x Y i I 1l I I !,;.11, x1e 5 r IIIIIIIJ1IIIrJal' k, 1 1 I q I' IA' '(j p I x k II i 1 ! 1 r i • I I 1 I 1 1 t II 1 1 1 RR I I 6 I F - :X11A 1 xx F 11 It 1 1 (a I I III I 1 :I j'1 5:1.1.',^1 It1 II (I I 6 l ^I I x111 JF Iil I I J Y , 4 1 ' l l I i .1 :1:1I11 !'1!!"! 1 .111161 .I I' I G IV I x A A 1.1 d I Fl II 'I 111 p 1 I d I it I 11 al 1 41 4 1 i a I I } : III I u I i p Ih I I y . r I 1 1i 1,I'. 1 I 1 1 f Y k 1 iII X 1 1 k l I I I I I 1 I ri I r 4 I 1 I B l 4 l I 1, H i I II I I III I I I I } 41... 7 4 I 1 I j,l P e v iA1..' I I I 1 e I l e(]pt^H OH N 6a ( • I r 00, a-P AN U 411J.-1.-1v i 1 G O •. /1 'W O -4U. N til 4 H u wu ul P • j t OCO rywb Q 11 "0 10 5 7vomv1 0 J p C .U • -'0 V•WQv a 8 m s . OE O ,\ r.. SI 4 c o, n t 9 oO n o un \' o k u aiIA IF]:11-.)0 6 Ia.. O 73Y15IBYJ1 tnmr riI ti 1 SxO II943aM 1 °N IU ` S a 11 1{1 41 40 a 0 + 1 0 O i • r0S4 1y9 50' 8 i 1 w V Z 1/43 N u b a N 990°Q 3 i N 0 r 6i 3 a n ll:'V •• H i 1 ,',r; J o 1 4 M•01,41o16S 9 t 4 • +oocO O „ 519 15' S2 W l (0034' a O$ 1 a , . : a c-w o it. mqq u Q 2 N p V I 9.. 0 T (•(,1 1 Q t •7; O 1 H V '. 1 z z t. .: p r QI W a O N 1 0 I ? 1 tl S 1 I !r D V l 11N •u o.i 17. r 11.01*' 1,1r ,. J1' 1)r 1 + L 0:6af'. " .0 n.ao i r , fr :41. VS 5t : ,, h o t .• Id Z t,I N I cC of z u u , '.1 r 1 a W.. IA153 ,, S I Ii 1 :9 H au c11411.5 ° A%2.e 1- oa S .° I.7_ r9 ' ,' V . )t 6 ay 1 d- n 1,1, a it s o F J ..q.• E N R.; 9 ,1 d nlx. r 1 1 , 4 r i 130 1 'i O ui • , 4;11. 1 • 1 114 jl4 { , Q , 1 „ 1 , f 1 LL, . y l, p. V l / '9 M.. OV,DI09E9 w V H Or , r `'0 t {O 1 pn r y Q i x ^`1 W ,,, f1 5 ka O 1 ° 6 b .. 0 IC o 4 SiI jA'4 d • s al i 1 t ci`° 1 411`a LL` 4, , ' J . i • I 1 u i P, :A x t'F ,h 1 Il ' r 1 ' S F .. NAV10 ' , , 1 M i i f g 1 1 , .1°1 0 lc 01 0 , 6 1 1 M 9t. Y 1 211 j " j 7 r go I'O ff ` ° o `i H • 1[; j 1 1._ 1 1 1, II 1 J4.1 ati t p . 9Q, 0)-.9. \_ . 0 b 0 tor: t i 1 1i* ` 4 i0 `ii. 2 \t 1 1 / .Q . IN '1 1 1, I l6..1 1 . i, 7. S I JUL 1 1994 If 004;4 0.0 \ r%:,It STY PUBLIC NOTICE TAKE NOTICE that KEN AND ROBIN GARVIK have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance to Section 3.4.4 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the followingdescribedpropertysituatedintheCountyofGarfield, State of Colorado; to -wit: Legal Description: Lot 7, Ranch at Roaring Fork Phase V, Final Plat (Residential Parcel V),County of Garfield, State of Colorado Practical Description: Located at 0424 Stagecoach Lane, Ranch at Roaring Fork, between Carbondale and the Eagle County line. Said Variance application is to allow a 12 foot encroachment in the required 25 foot setback on the above- described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday throughFriday. That public hearing on the application has been set for the 25th day of July , 1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse,Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department GarfieJ. Roger Musick and Aurice 0. Musick, 0456 Stagecoach Lan CCarlbondaleCA, h.'e no objections to the above - described Variance. im 7 //{.- 79Rogeusick7tev - ? l Aurice 0. Musick Date RECE4PT Date9 19.9No. 1283 \ Received From c_et Li , c. _l of lors $agcbFor5SU ACCOUNT HOW PAID AMT. OF CASH ACCOUNT AMT. PAID CHECK 2.0 1 BALANCE ORDER By S. GARFIELD COUNTY BUILDING AND PLANNING July 6, 1994 Ken & Robin Garvik 0424 Stagecoach Lane Carbondale, CO 81623 RE: Variance Request Dear Ken and Robin: Your application for a Variance to Section 3.4.4 of the Garfield County Zoning Resolution of 1978, as amended,to allow a 12 foot encroachment in the required 25 foot setback has been scheduled for a public hearing before the Zoning Board of Adjustment on July 25, 1994, at 7:00 PM, in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested you or your authorized representative be in attendance. A copy of the enclosed public notice must be submitted to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. You should contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified return- receipt to all property owners within 200 feet of your property no less than 5 days prior to the hearing. All mailings must be completed no later than July 19, 1994 to ensure compliance. The proof of publication from the newspaper, certificates of mailing and return- receipts from the mailing must be submitted to staff, prior to the public hearing. Please contact this office if you have further questions regarding your application or public hearing. Since el an Dave Michaelson Planner DHM /dhm 109 8711 STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 PUBLIC NOTICE TAKE NOTICE that KEN AND ROBIN GARVIK have applied to the Zoning Board of' Adjustment, Garfield County, State of Colorado, to grant a Variance to Section 3.4.4 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 7, Ranch at Roaring Fork Phase V, Final Plat (Residential Parcel V), County of Garfield, State of Colorado Practical Description: Located at 0424 Stagecoach Lane, Ranch at Roaring Fork, between Carbondale and the Eagle County line. Said Variance application is to allow a 12 foot encroachment in the required 25 foot setback on the above - described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application has been set for the 25th day of July , 1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County 1 f T F l wG 1nA'1 WI 1 f Ix E A'I,`' 1 r r P t t b i A hrameowners xnc9uia:J,; s Allen, snd Meri1.0 Koeneb:e'I ", * ,I',: II 1 C)4i)4 :Stegecbach Lane d Carbondale, °CO 81623 i A 4 1 °'~• anger„ and ALtri ce "MusicV; y E ,0456 ,St''agecnach Lane rI Carborlcl.lS, 'CO S1623 ti, i i Michael and Gayle Mc)r - toll I'0425 Stagit?ct rach Lane I. IAw b C'arbondal e ; CO E3162 w y u W f, d" 1 l di,,y ds"l r rry k I4 j11 'w t Y A r T'.:'F( A i ri: t Y r5 r Rao , IP"b 1 ' Y is r1i J_F : Recorded at o k M. AUG 0 5 1987 13n ?K 718 re,E398 Reception No.MILDRED ALSDORF, RECORDER GGARFIELD GARFIELD COUNTY, COLORADO AUG 0 5 1987 State Doc. Fee TRUSTEE'S DEED 3 LeRoy Anderson, the duly appointed and acting Trustee in Bankruptcy forGEORGEBRUCEWHITEANDKATHLEENMARYWHITE, debtor(s), Grantor, in 7.38considerationofthesumofSeventy-Three Thousand Seven Hundred Fifty d.f.73,750.00) Dollars hereby quitclaims and conveys to Kenneth W. Garvik and Robin Little Garvik Grantee, whether one or more, the following described real estate located in Garfield County, Colorado, to -wit: Lot 7, Ranch at Roaring Fork Phase V, Final Plat Residential Parcel V), County of Garfield, State of Colorado GRANTOR STATES; 1. That on or about February 10, 1987, George Bruce White and Kathleen Mary White, filed a voluntary petition for relief under Cnapter 7, Title 11, United States Code in Case No. BK 87 -369, which is now pending in the united States Bankruptcy Court for the District of Nebraska. 2. That LeRoy Anderson is the duly appointed and acting Trustee in Bankruptcy for the aforesaid proceeding and no other trustee has been elected or appointed to serve at the First Meeting of Creditors or at any other time. 3. That pursuant to 11 U.S.C., Section 363, notice of this sale and conveyance and notice that the premises would be conveyed free and clear of all liens was served upon all parties in interest on 7 -2 -87 and no objection to this sale or conveyance free of liens has been filed with the United States Bankruptcy Court for the District of Nebraska or served upon Grantor and no order has been entered by said Court prohibiting Grantor frommakingthisconveyance. DATED : rt - e 9 ce LeRoy Anderpti, Trustee STATE' OF NEBRASKA SS COUNTY OF LINCOLN IONforegoing Trustee's Deed was acknowledged before me thiso(ktday of ON 1987, by LeRoy Anderson, Trustee. tj GENERAL NDTAAY•Stak of Nebraska 0,6,12.A1 r,AldkAiLTEL1 CHER1 L. BAHM Notary PublicAyComm. Exp. April 28,1990 14580 I,;' 1 Maximum floor area ratio 0 50 sq. ft. 1.0 sq. ft. Minimum yardsl Front yard setback - arterial and subarterial roads other roads 50 feet Side yard setback 25 feet Rear yard setback 5 feet 25 feet 3.9.6 Maximum height of buildings 35 feet 3.10 C/1 - Limited Commercial District 3.10.1 Permitted uses: Any permitted use of the R/3/40 Residential District School, day nursery, church. Auditorium, library, museum, art gallery, membership club, public buildingforadministration. Hospital, clinic, nursing or convalescent home. Office for conduct of a business or profession. Commercial establishments as listed below, provided the following requirementsareobserved: All service, fabrication and repair operations are conducted within abuilding; All outdoor storage of materials in obscured by a fence;All loading and unloading of vehicles is conducted on private property;No dust, noise, glare, or vibration is projected beyond the site. Wholesale and retail establishment: Sale of food, beverages, dry goods, furniture, appliances, automotive andvehicularequipmentandparts, hardware, clothing, mobile homes and accessories,building materials, feed, plant materials. Personal service establishment: Barber or beauty shop Laundromat, laundry or dry cleaning plant serving individuals onlyShoerepair Photo studio Mortuary Tailor shop Recreational service establishment: Restaurant (with or without bar), pool room, reading room, private club, indoorcommercialrecreationuse. General service establishment: Service and repair of automotive and vehicular equipment, automobile servicestation, paint or body shop, vehicular rental, service and repair of appliances,blacksmith shop, cabinet shop, glass shop, machine shop, printing and publish-ing shop, plumbing shop, sheet metal shop, welding shop, contractor's yard. 3.10.2 Conditional uses: Automobile washing facility, parking lot or parking garage 10- Hospital, clinic, nursing or convalescent home r9.3 As provided under the R/1/12 Residential District Maximum floor area ratio 0 75:sq. ft.:1.0sq. ft. 3.4 Minimum yards r'' As provided under the R/1/12 Residential District 3.5 Maximum height of buildings 35 feet 7 Accommodations /Resort Planned Development District 3.1 Permitted uses: Any permitted use of the A - Agricultural District Two family, multiple family dwelling Boarding house, rooming house, hotel, motel, lodge, resort cabins Mobile home park, camper park - subject to provisions under 4.0 Supplementary Regulations and the Mobile Home Park and Camper Park Resolution. Art gallery or studio, indoor, theater, auditorium Retail establishment: Sale of antiques, art objects, boats, books, camping equipment, clothing, gifts, photography supplies, sporting goods and similar recreation - oriented shops. Recreational service establishment: Restaurant, vehicular and equipment rental Archery or rifle range, fishing pond, golf driving range, guide service, hunt- ing camp, ice or roller skating rink, kennel, marina, rodeo grounds, skeet or trap range, ski lifts and trails, snow vehicle course, stable, and swiznningpool.i; t •2 Conditional uses: Aircraft landing strip Automobile service station Race track for vehicles or animals t. 3 Minimum development district area 5 acres 4 4 Minimum lot area for lots devoted wholly or partially to residential uses: Unsubdivided land 5 acres Subdivided land where septic tanks are utilized for sewage treatment 2 acres Subdivided land where both primary and secondary sewage treatment is provided 6,000 sq. ft. 9- June 24, 1994 To Whom It May Concern We are requesting a variance to add on to the south family room of our home because we have simply outgrown the space in which we live. Our family now numbers 5, and we have various foreign exchange students living with us throughout the year. In lieu of building a whole new house which would cause us financial hardship in these times of escalating real estate values, and would add to the density of a community that is already burgeoning with growth, we would simply like to enlarge the home in which we live. The current setback requirement from the rear property line is 25 feet. If you look at the enclosed ILC,you will note that our rear property line has a severe jog in it to accommodate an electrical easement running lengthwise along our rear fence line. If that jog were to be hypothetically straightened out, we believe that our addition would NOT encroach into the county setback. We believe the shape of our lot constitutes a hardship that affects the strict application of the county setback requirement. We have no other area in which to add living space to our home, unless we go up a story, which again, would impose considerable financial hardship on us at this time. We are only asking to enclbse an existing concrete patio area which is currently 13 feet from the closest portion of the fence. Additionally, our property adjoins 320 acres of common ground to the south in which we have an ownership interest. There is no structure and never will be another structure to the south of our current fence line. Our proposed addition will not impact that 320 acres to the south or the properties on either side of us. Furthermore, we have received approval from the Ranch at Roaring Fork for this proposed addition. On the same side of our street, also adjoining the common ground, there is another, newer home which clearly is not built 25 feet from the rear property line. It is located at 0342 Stagecoach Lane and is owned by Hugh McGee. The stream behind it literally flows beneath the attached deck in places. Furthermore, the home due west of the McGee home is also built well within 25 feet of the rear property line, as it too overlooks the running water. That home is located at 0312 Stagecoach Lane and is owned by Joan Acebo. In conclusion, we feel our hardships arise from the following conditions: the irregular configuration of our lot our financial inability to build a new house our financial inability to go up another story. We believe we should be granted a variance because: we have outgrown our living space. our fenceline borders a common parcel on which nothing can ever be built, and of which we are part owner. there are clearly other homes on our street which do not conform to the current county setback regulation. the neighbors on either side of us, and who would be most impacted by our proposed addition have given their consent. Thank you for your consideration. Si. a ely, ennet W. Garvik Robin Little Garvik I0 w' h • tit 41 a u o A N V N t Li W t r r--in X 3 H A tk tt e J yyN m 5 -c,'0 O OV° V v< \ 4 N O 5 Yu W 0 co 1va , 1 6o O N d P sot 4 i . 99 4 0 ; ON o .t4 9-ill o S . Ogl r e 4 c 0 u. O 3 d n o CO 0 n oo m. It ,13 N O w 5 ' 15'IB "W 131.95'm o J K u e rIF.6l F cctO lLl 0 9 " o -f'rco,, LI M..6 .ye14 J O ew o O O I v. O N N I .1 .AO in o V c Q I-4. ' I V t- - f d 1 y 0 Ir \9 Y Y 0 41 A rO .p. o O 153.90'Its 6i w r 6O O V J A N .. to ° N. 5 i0 8 6\ V' t- ]N N Z U o 07ZasCI ,lai 9 N e o111 W 3 I o O, ms 4Z .BLI _.M ..04 °IBS 7 o 0 0 Om 4i 74 15'32 W I1o0.94` t , O 1 4.LL N V m u w e 3 61 Aviv' 1.2 W v ' . : T R 1.Q 6s ,J c " u y Ea , J H =R ,^ 0 1 V a v a ' 1 F NI i r N pG LI N s 0 w i r4 Ib Ili 0zN A s:A \ . W , W '` 1x193'tll zSOtI s s F F 1 y25°4S Z Z66 O i A 6 •ey N J y2NellmoSsr9MOOK) °0m r 4 _ 3e.1 'ly 9 3 I°1 o u in Y II`WE. s ti 4 ti H 11 U 1rc 99Y702. M Dp 0Sc V.w c o U a S pd_ ° Es o S a o j a in ,i, t ` a C. ky1 Y9,g 54.Id e a `m o Q A .1 i I 1 2 .3r03 ""' v Qt o Y 4. U 1 a 4 m rJ o a I I III 1 I 1 1 11.i Improvement Location Certificatefi E1 11 CURVE DELTA ANGLE RADIUS ARC 0424 STAGECOACH LANECI03 °50'45'558.00'37.45' J C 2 19'17'14'165.00'55.54' LINE REARING DISTANCELIN66'34'40'W 14.11'i 0 { L 2 S 21'14'03'W 17.30'S I1 4P 4'DR VE PIN 1< OUN CAPLO2 A \V 9,0 r FD HOUSE a G 0 1 lI 4,J 9 6 iJ 4, FENCE LINE TYP. ti S CONE PATIO Al p •S PATIO e SCALE I' -30'w 7.50 FOOT UTILITY ANDEV4:3 3 - , 4...DRAINAGE EASEMENT S 81'49'46 ^F29 .49. PIN 4 CAP FOUND PROPERTY DESCRIPTION LOT 7, RANCH AT ROARING FORK PHASE V,FINAL PLAT (RESIDENTIAL PARCEL VI COUNTY OF GARFIELD, STATE OF COLORADO IMPROVEMENT LOCATION CERTIFICATE 1`FIEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PRE —PARED FOTt KENNETH W. d ROBIN LITTLE GARVIK *, TI•IAT IT IS NOT A LAND SURVEYPLATORIMPROVEMENTSURVEYPLAT, AND THAI' IT IS NOT TO BE RELIED UPONFORTillsESTABLISHMENTOFFENCE, BUILDING, OR OTHER FUTURE IMPROVEMENTLINES. 1 FUR'T'HER CERTIFY THAT THE IMPROVEMENT'S ON THE ABOVE DESCRIBED PARCELONTHISDATE,10/00/93 EXCEPT UTILITY CONNECTIONS,ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN,THAT THERE ARE NO ENCROACHMENT'S UPON THE DESCRIBED PREMISES. BY IM-PROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THATTHEREISNOAPPARENTEVIDENCEORSIGNOFANYEASEMENTCROSSINGORBURDENINGANYPARTOFSAIDPARCEL, EXCEPT AS NOTED, IT IS HEREBY STATED THAT THE ST12UC-rn1 . 0 ,p TURES LOCATED ON THE ABOVE DESCRIBED PROPERTYY ARE NOT LOCATED WITHIN THE t ._.;100 YEAR FLOOD BOUNDARY. AND STEWART TITLE JAME•A SEXTON L' N - 842OFGLENW00DSPRINGSc5 ; ; DATE 3ymax" ,'JAMES SEXTON JOB NO.9300,253ik_ma SURVEYING r'a Gw/ Glenwood Springs, CO 6165i 303-945-4700 K'.fAf.TAI]f6 MTNIMIP .4,4iMStl TRIMIT1VI/yIIIII 'RMIAM MRRYaRflRIMllr - •-YOfR' VVMWlq,f8tVI0Yeq.IlilSAfEO.60. 0 VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section " 9..05 of the Garfield County,ZZoning Resolution yjeN -r7-f t). M2v,K e- Ram LIT -ri-E 6IAJ VIt applicant /owners name) request(s) a variance to Section 3.0a.O&of the Garfield County ZoningResolution concerning A vAinAN(to permit Am /4b)>IT70N ib,Ail EIS77t4 s7NG, l f; I-Anl1 Ly d -/O E in the P. D.zone district. SUBMITTAL REQUIREMENTS: A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity map: showing general geographic location. C. Legal description of site - copy of Deed of Ownership. ID. Practical description of site - including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site available through the Assessor's office) P Where applicable: descriptions of domestic water source, sewage disposal, and otherutilityfacilities. G. Plans and specifications for the proposal. H.• Narrative explaining why the variance is being requested. I. It should be demonstrated by the above information and statements that, "...where by reason of exceptional narrowness, shallowness or sha of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property ". Section 9.05.03) J. Subject to the above findings, the Board of Adjustment may authorize a variance provided: 9.05.03 (1): That the variance granted is the minimum necessary to alleviate such pra ticcal difficulties or undue hardships upon the owner of said property; 9.05.03 2): That such relief may be granted without substantial detriment to the public goodand without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): That the circumstances found to constitute a hardship were not caused by the appl ciant, are not due to or the result of general conditions in the district, an. snot be practically corrected; K. 250 ee must be submitted with the application. PROCEDURAL REQUIREMENTS: 1. Submit applications to the Garfield County Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agen a. gular meeting of the Zoning Board of Adjustmentscheduledonthefourthofeachmonth. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating thetimeanddateofyourhearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen 15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section 9.05.04.(1) 4. Notice by mailing of the public notice form) shall be sent by certified return - receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five 5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. Section 9.05.04.(2) The above and attached information is correct and accurate to the best of my knowledge. ilk Aga kl signatures of applican and ownerAPPLICANT: Ki.l w Dj)A( 4i.'i;R' PHONE 4 MAILING ADDRESS: 04)4 g1C461 E4 e , -f LAM l' cgome 4L.: A t76d -3 OWNER:PHONE if different from above) MAILING ADDRESS: