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HomeMy WebLinkAbout1.0 Application, Staff Report & CorrespondenceGARFIELD COUNTY la BUILDING AND PLANNING • • August 17, 1994 Cynthia H. Crandell c/o Grand Avenue Liquors 1512 Grand Avenue Glenwood Springs, CO 81601 RE: Board of Adjustment Hearing Dear Ms Crandell: 'Please consider this letter to be official notification that on May 23, 1994, the Garfield County Board of Adjustment approved your request for a variance from Section 3.02.06, Minimum Setback, A/R/R D zone district, to allow a five (5) foot setback for the construction of a three car garage, located on the west side of Canyon Creek, approximately 1/4 mile from State Highway 6 & 24. If you have any question, feel free to contact this office. Sincerely, 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 RECEIPT Received From Address For Date 19 941 No 1000 /_-C�-Dol lars $ a ACCOUNT HOW PAID AMT. Of ACCCVNT AMT, PAID RALANCt DU CASH CHECK MONEY ORDER f rtit BY REQUEST: • BOA 5/23/94 PROJECT INFORMATION AND STAFF COMMENTS L • ic4(1 Variance from Section 3.02.06 - Minimum Setback A/R/RD Zone District APPLICANT: Cynthia Crandell LOCATION: Located on the west side of Canyon Creek, approximately 1/4 mile north of U.S. 6 and 24 • SITE DATA: 2.99 acres WATER/SEWERWell/ISDS ACCESS: Driveway easement from US 6 and 24 EXISTING ZONING: A/R/RD ADJACENT ZONING: PUD and A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas, Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRLPTION OF THE PROPOSAL A. Site Description- The subject property is located adjacent to the Canyon Creek PUD, and improvements include a two-story single-family dwelling unit (see vicinity map on page — y " , and a site plan on page "5— ). The property is bound on the west by Canyon Creek, and an access road on the east. A relatively flat building envelope is located to the north of existing structure. B. Request: The applicant is requesting a variance from the twenty-five (25) foot front yard setback to allow a setback of approximately five (5) feet. The purpose of this request is to allow the applicant to place a three car garage to the east of the existing dwelling unit, encroaching into the required 25 foot front yard setback. The applicant is basing her request on the following reasons: • reduce the hardship of drifting snow and ice buildup; • for ease of access; • mitigate noise from the road. • • III. MAJOR ISSUES AND CONCERNS 1. Section 9.05.03 (Actions by the Board of Adjustment) defines the criteria by which the Board of Adjustment may grant a variance. The criteria explicitly cited in Section 9.05.03 is as follows: A. Exceptional narrowness, shallowness or shape of the specific piece of property; B. Exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property; C. That the strict application of any regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property. 2. Section 9.05.03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: A. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 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; C. That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; D. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. 3. Section 3.11.06(2) requires a twenty-five (25) foot setback from the front lot line. The "front" yard is defined by Garfield County as the "first property line crossed to access a parcel". The driveway accesses the lot from the east. 4. The subject lot is not encumbered by exceptional topography, and other options do exist on the site, although not as convenient as the proposed garage location. Furthermore, the parcel is not considered by staff to be of "unusual shape". IV. SUGGESTED 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. • • V. RECOMMENDATION Due to alternative sites on the property for the proposed garage, staff finds it difficult to recommend approval based on applicable codes. In addition, the proposed 24' x 36' garage could be scaled down and shifted to the west, possibly meeting the 25 foot required setback. The buildable area to the south would allow the applicant to construct the garage with no variance. Mna. 114 Fauoz �' N -o A1' Y p rye c r�ih�k` s uyJ ,?kyr 4t • • '.7 • • .r,.. _ ,r. 3e' 36 4• u ' .. 2117-+W Ou.nEa ... 1 • • 4,.1 1f4) , • `4 3) A r i• l` - .. • . bi,IS1011 l�. 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APP 1- " .71 f6'- ova VtLI4iry M4' Li o0 cNIQ o Center of Canyon Creek N ^R0 `V SEPnc TANK AND �) Ltj� SHED EASEMENT —7 45.11' r- `4560' /N90'00'00" E 248.52' 2. • S7610'5°1' 4'1 87.57 rte --r 0 PROPPNE TANK Parcel A LINE I -- O/RE�AON D/ST CE L7 509' f8 OS E 22.85' SINGLE STORY HOUSE • Z �I LP I �Q 1 N„,,,_\« N, 1 1 �.� rr+ _� - JO ROA/ \ '1 o \ R 1 cyl ul \ , 1 (IR at Z R'' (' 1 1 IT a() 9' \ 1 1 ./ G co Parcel 10' WATER LINE (AV—WWI 66.07 N90'00'00" W 1 MPF6valAert4T C-% Ft 1 GARFIELD COUNTY 0 BUILDING AND PLANNING April 15, 1994 Cynthia 1-I. Crandell c/o Grand Avenue Liquors 1512 Grand Avenue Glenwood Springs, CO 81601 RE: Variance Request Dear Cynthia: Your application for a Variance to the side yard setback in the A/R/RD Zone District has been scheduled for a public hearing before the Zoning Board of Adjustment on May 23, 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 May 17, 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. I apologize for the delay, but current applications and scheduling conflicts prevented holding your hearing in the month of April. Please contact this office if you have further questions regarding your application or public hearing. Si y, r Dave Michaelson Planner DHM/dhm 109 811-1 STREET, SUITE 303 • 945.8212/625-5571/285.7972 • GLENWOOD SPRINGS, COLORADO 81601 PUBLIC NOTICE TAKE NOTICE that CYNTHIA H. CRANDELL has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description: Located on the west side of Canyon Creek, approximately 1/4 mile from State Highway 6 & 24. Said Variance application is to allow a reduction in the required 10' minimum side yard setback areas in the A/R/RD zone district. 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 deckling 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 23rd day of May ,1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 302, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County On. 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Box 550 Glenwood Springs, Colorado 81602 945-8515 CYNTHIA GRANI)ELL 1512 Grand Ave. GLENWOOD SPRINGS, CO 81601 Date 4-22-9.4 Description 72 Lines @ .50 Legal #25566 Charges $36.00 Bal. Due. $36.00 aD uD !n ID Gary Dickson AoIli yDO •v-ciO OQ v ,5 cou' WO 5 a'y v.-• 3v -54 OA lfeo :1°' c„oro.2. NPw. ouu .1+ G W CL�b O v 0 C ry- 0 0.4.).00°,1;600:4— 0.O - tri �v K civ, 004--,0=1_,400 0 N -i , = 1-. 'n.• Q. D vCJC Cu0-do$.60 R 41)49.,.•0:01.54)5,21 1.'.o�01.54) 5w d v o -G A w E 'd !.."0”. cnllU! cd �.O 0,vmzzAUQ' v1 {��yy Q n C V X0554-1endQvO 0 - 00Oa�MyE z,(1 .2,• osq°A4 {111 11111 14 �� $ . qui s� il Ivo* as wOh • • O 11 2 11 I 111244iiiiii !III dJJI110110111IIIA 0 • �leiioo 2014 Grand Avenue P.O. Box 550 Glenwood Springs, Colorado 81602 845-8515 CYNTHIA CRANDELL 1512 Grand Ave. GLENWOOD SPRINGS, CO 81601 • Date 4-22-94 Description 72 Lines @ .50 Legal #25566 All Accounts Due and Payable Monthly Charges $36.00 Bal. Due. $36.00 $ENDER: • Complete hems 1 and/or 2 for addisionel services. • CompTete hems 3, and 4a & b. 1 Print your name and address on the rel illrsa of this form so that we can return this card to you. + Attach this form to the front of the .rrr pa, et on She back if specs does not permit. * Write "Return Receipt Reouested" ori the meliplece below the article number. * The Return Receipt will show to whom the article was delivered and the date delivered. I also wish to recelvJ he following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: !. 'x) ate 0 0 .2Gl,d2c a7 0016.01 6. Sip urs • d r see) 4a. Arida Number 2 2 oq r93 G#37 4b. Service Type ❑ egistered Certified 0 COD 0 Express Mali. 0 Insured 0 Return Receipt for Merchandise 7. Date of Delivery 8. Signature Ag:' t 8. Addressee's Address (Only if requested and fee is peld) PS Form 3811, December 1991 *U.$. GPO:109a---952-741 DOMESTIC RETURN RECEIPT s �$ SENDER: 71 • Complete items 1 and/or 2 for additional services, • Complete items 3, and 4e & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the meiipleca, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number, • The Return Receipt will show to whom the artic#e was delivered end the date delivered. 3. Article Addressed to: '2 Lt koz. sere- 3 re23 2(o 4/2-r501 r' c . 5. Signature (Addressee) I also wish to receive the following services (for en extra feel: 1. 0 Addressee's Address 2. Q Restricted Delivery Consult postmaster for fee. 4a. Article Number 2- z.o9 I R3 4439 4b. Service Type ❑ Registered O �(e 6. Sig a re (Agent) s•PS a F rm 3:11, December 1991 ❑ Insured COD turn Receipt for rchandise *U.S. OPO: 1093-.362 714 Only If requested r DOMESTIC RETURN RECEIPT $ENDER: • Complete Items 1 and/or 2 for additional services • Complete Items 3. and 4a ✓k b. • Print your name and address on the reverse of this form so that we can return this Card to you. • Attach the form to the front of the mallpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mabplece below the article number • The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consuh postmaster for fee. 4a. Article Number o, k i— W .db, Sbw4b. Service Typp.e Z°11 1 "`O ❑ Registered 0 Insured ertified 0 COD O Express Mali 0 Return Receipt for . 1 1 7s z P.e.Qw gnature (Addressee) gneture (Agent) /60 '7. Date of Delivery MAY 6 8. Addressee's Address (Only if requested and fee is paid) Merchandise l i PS Form 3811, December 1991 *U.S.OPO: 1vss-, 714 DOMESTIC RETURN RECEIPT '4l Ali Mdse 1 Yitidlat !lar eldiRdonte leMoaa. Aims Itand4aItp. youi name and edcrees on the reverse of this form so that we can return this card to you. • Attach this form to the front of the malip ace, or on the back if space does not permit. • Write "Return Receipt Requested" on the maliplece below the snick) number. • The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: it I 0721€ 4044,41A/ eall il.t Acta:/ere, 00-‘21( Co 2X651 6. Signature (Addressee) PS .42 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2, 0 Restricted Delivery Consult postmaster for fee. 4a. Art'cie Number SDR 1q3 44 4b. Service Type ❑ gistered 0 Insured rtified O Express 7. Date 1 ecelpt for 1 ISR 8. Addre and fe requested fi orm 3811, December 1991 tru.e.GPO: 1503-35x.714 DOMESTIC RiTURN RECEIPT • SENDER: ig • Complete Items 1 and/or 2 for additional !Orvieto. • Complete items 3, end 4a & b. i • Print your name end address on the reverse of this form so that we can return this card to you. 1;::,1 :, ' • Attach this form to the front of the rineilplece, or on the beck if apace does not permit. A iy`n • Write "Return Receipt Requested" COM mallpiece below the article number. • The Return Receipt will show to whofn tl i,rticle wee delivered and the date delivered. i • 3. Article Addressed to: �h �. uzdi r 6061/ I also wish to receive the following services (for an extra }Be): 1. C] Addressee's Address 2. 0 Re ted Delivery Consult podt Piaster for fee. 4a. Art cle Number Z 1 Cr5 t4%.1 4 4b. Service type i ❑ Registered : 0 Insured tIpkertified 0 COD 0 Expre Mail 0 Retu n Receipt for Mer and'sg 7. Data ellay 5. Signature (Ades est) 6. Signatur A i; ▪ PS Form 3S -, tecember 1981 8. Addressee's Addrd''& (Only if requested and lode is paidl *11.8.0P0 1093-352 714 DOMESTIC RETURN RECEIPT q q reeq 73 eOccte- rio 0Zio ietv Loco • (2,)6.7( kzue-tzi--e, 3 (, 0 • EXHIBIT "A" PARCEL A A parcel of land situated in the SW1/4SW1/4 and the SE1/4SW1/4 of Section 25, Township 5 South, Range 90 West of the 6th P.M., Garfield County, Colorado, lying easterly of the centerline of Canyon Creek; said parcel being more particularly described as follows: Beginning at the Northwest corner of said Section 36, 1" x 8" x 6" red sandstone in place; thence N. 75 degrees 48'51" E. 1151.71 feet to a point on said centerline, the True Point of Beginning; thence East 248.52 feet; thence N. 00 degrees 36'16" W. 557.39 feet to a rebar and cap in place; thence S. 78 degrees 10'50" W. 187.57 feet to a point on the centerline of said creek; thence S. 09 degrees 18'05" E. 22.85 feet along said centerline; thence S. 04 degrees 08'06" W. 424.03 feet along said centerline; thence S. 23 degrees 38'42" W. 80.20 feet along said centerline to the True Point of Beginning. PARCEL B A parcel of land situated in the SE1/4SW1/4 of Section 25, Township 5 South, Range 90 West of the 6th P.M., according to the original survey on file in the Surveyor General's Office in Denver, Colorado dated February 13, 1884. Said parcel of land being more particularly described as follows: Commencing at a point on the west boundary line of Canyon Creek Estates Subdivision from whence the Southwest Corner of said Section 25 bears N. 89 degrees 26'21" W. 1368.29 feet; thence N. 00 degrees 36'16" W. 295.65 feet to the True Point of Beginning; thence N. 00 degrees 36'16" W. 516.83 feet; thence s. 10 degrees 59'32" E. 351.50 feet; thence S. 01 degrees 30'05" E. 171.81 feet; thence West 66.07 feet. COUNTY OF GARFIELD STATE OF COLORADO • April 4, 1994 Garfield County Zoning Board of Adjustment 109 8th Street Glenwood Springs, Colorado, 81601 Dear Sirs: This variance is being requested for the following reasons: -- to reduce the hardship of drifting snow and ice buildup. - for ease of access. - to mitigate noise from the road. - to provide a visual buffer between the road and our residence. Thank you for your consideration. Sincerely yours, cit Q 7daj C Shia H. Crandell CC:cc Resolution request(s) Resolution 1 VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning 6y.VTit A /1. & firr✓Q�LL (applicant%owners name) a variance to Section of the Garfield County Zoning concerning F'eID,,j'r 5£T" ArGk., eIkiaz A( 11 t. (1 I MT6 (' SUBMITTAL REQUIREMENTS: A. Sketch map: showing all improvements on locations, setbacks, and access points. Vicinity map: showing general geographic location. Legal description of site - Copy of Deed of Ownership. Practical description of site - including address. Names and addresses of property owners adjacent to (available through the Assessor's office) Where applicable: descriptions of domestic water utility facilities. Plans and specifications for the proposal. Narrative explaining why the variance is being requested. It should be demonstrated by the above information and statements that, "...where by reason of exc ptional narrowness, shallowness or shq21 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 situuat o 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) 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 practical 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 good and 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 c� ant, are not due to or the result of general conditions in the district, and cannot be practically corrected; AWILle.e must be submitted with the application. c. ? D. K. to permit ,.bc 3 -C-Pg- C7P431`14C in the Naomi, zone district. the site, building sizes, or within 200 ft. of the site source, sewage disposal, and other PROCEDURAL REQUIREMENT'S: 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 agenda. Regular meeting of the Zoning Board of Adjustment scheduled on the fourth Thursday of each month. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 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 nailing (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. J Qiz t si natures of applicant and owner / Sys_ �i0yz-/i APPLICANT: 2xurtr,� ,1, Reg/JAG z_c PRONE .3o3 94s- qg2 q - uJ MAILING ADDRESS: �/0 V,e,4,up, A , h,d?Ux.es 167Q 60,,4vd CLL. 4.0 Wald Si•} C? OWNER: �,fl (if different from above) MAILING ADDRESS: PHONE A/A7-