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HomeMy WebLinkAbout1.01 Pre-App Conference Summary 1 | P a g e Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 212525108015 DATE: May 23, 2017 PROJECT: Sorensen Variance OWNER: SORENSEN, SAMANTHA MARIE & SHANE GARRETT REPRESENTATIVE: N/A PRACTICAL LOCATION: 140 APACHE DR, NEW CASTLE 81647 TYPE OF APPLICATION: Variance I. GENERAL PROJECT DESCRIPTION The property owner is requesting a variance from the setback requirements in the Residential Manufactured Home Park (RMHP) Zone District. The property is identified as Lot 1A of the Elk Creek Subdivision and is on Apache Drive. The 2013 Land use and Development Code, as amended (LUDC) states that a lot front yard setback in the zone district is 25 feet. A 1744 square foot home was built on the property in 1988 with a shed constructed in 2010. Due to the location of the home and restrictive topography on the parcel, it is understood that the owner is not able to enlarge the shed without encroaching into the 25’ front yard setback. It is understood that the construction of a 4’ high retaining wall would be required on the road side of the shed in order to allow enough room for construction. The applicant should include the area for the retaining wall in with the request for the variance. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC): 4-101, Common Review Procedures 4-115, Variance 2 | P a g e III. REVIEW PROCESS The process to accommodate these requests shall require application for a Variance pursuant to the LUDC. A. Pre-application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Public Hearing with Board of Adjustment and provide documentation regarding notice requirements. E. Request referral agencies to provide comments on the request. F. Evaluation by Director/Staff resulting in a Staff Report to the Board of Adjustment. G. Public Hearing before the Board of Adjustment, resulting in an approval, approval with conditions or denial of the request. H. Resolution for Board of Adjustment to sign. I. If approved a Land Use Change Permit will be issued upon compliance with any conditions of approval. IV. PUBLIC HEARINGS AND NOTICE Public Hearing (minimum of 30 days) notices shall be posted, mailed and published pursuant to Section 4-101.E. for a Hearing with the Board of Adjustment. The BOA meets on the last Monday of the month. 3 | P a g e Referral will be sent to the following agencies:  Garfield County Engineer  County Road & Bridge  County Attorney  Others as may be deemed necessary upon review of the application V. SUBMITTAL REQUIREMENTS  Copy of deed to demonstrate ownership  Letter of authorization if applicant is not owner  Application form and fee  Names and mailing addresses of all properties within 200 feet of subject site  Copy of assessor map showing the subject site and properties within 200 feet  Names and mailing addresses of mineral owners of the subject site  Statement regarding why the variance is being requested  Copy of plans indicating setbacks and requested variance area, along with technical drawings and plan showing the topography or other unusual physical characteristic of the site to support the request for a hardship  Respond to Review Criteria in Section 4-115(C) VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 Plus additional Staff time at hourly rate of $40.50 Referral Agency Fees: $ TBD County Surveyor: $ Recordation: $ Total Deposit: $ 250.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 4 | P a g e Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: May 23, 2017 David Pesnichak, AICP Date M. Section 4-115 Variance Garfield Vrritncr R¡vl¡w Prosrry (section 4-11.5) IJ 0) o- EI G E -at n!þ o (\¡ !, ro Exp Ê rApplfcant h¿b 6 months tosubmlt ãÞdlcåtlon tf,o businesi d€y5 !o ievlew .lf lncomplete, 6o dayr to remed! deflcfencles to declcion datc tZL comment 200 prlor gtep 1 : Frr'-nppllcatlon Conlerence Step 2: Apþfícation Suhrni$al Itep 3: (ompletencs$ tìevieru STep 4: Schedule Derisiun Llate arrd Provide Notice Step 5: ReferraÌ Stcp 6: Fvalrrl.itrtt tty Dirr:r:tor Step li BOÀ Oec¡t¡oa 9t 4.174. CODE TEXT AMENDMENT, A.iew. 1 Applicati ons for an amendment to the Use and Development Code shall be reviewed and a n made by the Planning mission, and decided by Am to the text of Code may be initiated by the BOCC, the Planni Commission,rector, or an Applicant owning property that is su the text change. The Garfield County Housing Authority m itiate changes to the text of this Code that are specifically rel Article I of this Code B. Review Process. Applications for a Code I be processed according to Table 4-102, Common Review ures and Requi c. An Review application a land use code text amendment meet the following criteria: 1 The proposed text amendment is in intergovernmental agreements; and with any applicable The proposed text amendment does not conflict with State law A. Overview.1. Applications for variance shall be reviewed and decided by the Board of Adjustments. 2. Variances are deviations from certain zoning dimensional requirements of this Code that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and exceptional, practical difficulties to or exceptional and undue hardship on the owner of the property. B. Review Process. Applications for a variance shall be processed according to Table 4-102, Common Review Procedures and Required Notice. 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 circumstances or conditions exist with respect to the specific property: a. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; b. Exceptional topographic conditions of the property; and c. Other extraordinary and exceptional situations or conditions of the property. Z. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. 2. 4-1 15. GARFTELD Cout¡w LAND UsE AND DEVELopltlEw Cooe 4-19 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. 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. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. Variance Will Not lmpair the County's Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. 4-11 ADMI NISTRATIVE I NTERPRETATION. Overview. shall make Administrative lnterpretations to this Code when any to clarify or interpret any part of this Code B.Process. An Ad mtnt lnterpretation shall be processed according to T 102, Common Review ures and Required Notice, with the following 1 Request. The person requesting the lnterpretation a written request to the Director contains the provision the interpretation andwithinCode in which the person is any evr ce the person has that may in an interpretation. shall issue in writing, an2. Within '10 usiness days, the Admini lnterpretation for of the Code in question The written se shall incl summary of the facts and the rational supporting the i C. Review Griteria. The Director shall use the best lnterpretation of this Code. 4.117. ADMINISTRATIVE N A. Overview. An appeal may be taken e Board of 3 4. 5. b. evidence available to make an Administrative by any person aggrieved by a final written Administrative n of this Code the Director B. Review An appeal of an inistrative lnterpretation of the C shall be processed according to Table 4-102,Review Procedures and Notice, with the following modifications. 1 Application. The appeal shall be filed with the r within 30 calendar days of the date of the final written Administrative I on 2. Written Notice of Decision. The Director shall provide Applicant with a copy of the recorded resolution setting forth the Board decision within 30 calendar days of the date of the decision G¡Rnelo CouNTy LAND UsE nNo Developme¡¡r Cooe 4-20 (l + Accosnl Rl 30269 Ownd sORÊl.lsEN, SAMANTHA MAR!E & 5HAl'lE GARRFT' Physicol Addre;r I 4C APÂCHE DR I'IEW CAsTIE ôì ó47 Moílins Addres I40 APACHE DRIVE IJEW ca 81647 201ó Miï teYy a4.El20 Acrs 0.3ó0 ,fl¡ñr Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 | (F) 970.945.3953 I (E) lwarder@garfield-county.com Account lnformation Account: Parcel: Owner Name: Owner Address: Property Address: Legal: Tax Area: Subdivision: Sales lnformation R1 30289 212525108015 SORENSEN, SAMANTHA MARIE & SHANE GARRETT I4O APACHE DRIVE, NEW CASTLE, CO,81647 140 APACHE DR, NEW CASTLE Section:25 Township: 5 Range: 9l Subdivision: ELK CREEK DEV. Block:7 Lot: 1A 013 ELK CREEK DEV. Date 10t28t2015 08/2811 990 10t21t1988 Deed Type WD WD SWD Doc Number 869881 Grantor NEPP, GREGORY B Grantee SORENSEN, SAMANTHA MARIE Amount 271,100 74,500 8,000 Taxable Values History Year 2016 2015 Property Details Land Actual 41,000 41,000 ïotal Actual 134,380 134,380 Land Assessed 3,260 3,260 lmp Assessed 7,430 7,430 Total Assessed 10,690 10,690 lmp Actual 93,380 93,380 Model LAND O Attribute Name ABSTRACT-CODE AREA-ACRES ARtrA_SQFT NEIGHBORHOOD Attribute Value SINGLE FAM.RES.-LAND 0 15680 ELK CREEK DEVELOPMENT Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 | (F) 970.945.3953 | (E) lwarder@garlield-county.com Model RESI O XFOB O XFOB 1 XFOB 2 Attribute Name ABSTRACT-CODE UNITS BUILDING-TYPE ACT-YEAR-BLT BASEMENTAREA FINBSMTAREA HEATEDAREA ARCH-STYLE BEDROOMS BATHS AREA-UNIÏS ROOMS NEIGHBORHOOD FRAME AIRCOND HEATING-FUEL HEATING-TYPE ROOF_COVER ROOF_STRUCTUR STORIES ABSTRACT-CODE BUILDING-NO ACT-YEAR_BLT NEIGHBORHOOD XFOB-CODE AREA UNITS ABSTRACT-CODE BUILDING-NO ACT_YEAR-BLT XFOB-CODE NEIGHBORHOOD AREA_UNITS ABSTRACT-CODE BUILDING_NO ACT-YEAR-BLT XFOB-CODE Attribute Value SINGLE FAM.RES-IMPROVEMTS 1 SFR 1988 864 86,4 1744 I-STRY/BSM 3 1.5 1 5 ELK CREEK DEVELOPMENT . WOODFRAME EVAPORATIV GAS FORCED AIR PRO PANEL GABLE 1 SINGLE FAM.RES-IMPROVEMTS 1 1990 ELK CREEK DEVELOPMENT wooD DECK 101-250 SF 0 SINGLE FAM.RES-IMPROVEMTS 1 1990 BALCONY 101-250 SF ELK CREEK DEVELOPMENT 0 SINGLE FAM.RES-IMPROVEMTS 1 2010 PELLET STOVE^,VOOD STOVE - SIDE Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.91 34 | (F) 970.945.3953 | (E) lwarder@garfield-county.com Model XFOB 3 Property lmages Attribute Name BUILDING-NO ABSTRACT_CODE ACT-YEAR-BLT XFOB_CODE Attribute Value 1 SINGLE FAM.RES-IMPROVEMTS 2010 SHED AVG QUALITY ffi-1;:t,ii:g; Cou MEMORANDUM TO:Staff County Attomey's Office Jwrc24,2014 Mineral Interest Research FROM: DATE: RE: Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-rc3 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property" The Garfield County Land Use and Development Code of 2013 ("L[IDC") Section 4- 101(EXlXb)(4) requires written notice to owners of rnineral interests in the subject property "as such olvners can be identified through the records in the ofñce of the Clerk and Recorder or Assessor, or through other means." Xt is the duty of the applicant to notiff mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Wananty Deed, Special 'Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- II? If so, review for mineral interests that were reserved and oil and gas leases. 3" Check with the Assessor's offrce to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral o\ilners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. - MEMO hne24,2014 Page2 4, Research the legal description of the subject property with the Clerk and Reoorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screeÐ, General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were hansferred by deed and recorded in the Clerk and Recorder's offiice. 7. Enter the name of the mineral interest o\ilner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was fansferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are trnable to determine mineral rights ownership by yourself, consider hiring an attomey or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services.