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HomeMy WebLinkAbout1.0 Application and Supplemental Info.Ed Rosenberg 0176 County Road 156 Glenwood Springs, CO 81601 Dear Ed: C.Garfield County BUILDING &PLANNING DEPARTMENT PLANNING DEPARTMENT September 10, 2001 This letter is to confirm that your application was approved for a Variance as you requested by the Board of Adjustment on Monday, July 30, 2001. The variance requested was from Section 3.06.06 related to the side yard setback. The minimum rear yard setback in the R/L/SD zone district is ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater. The Board of Adjustment has approved your request for a side yard setback of three (3) feet between the garage and the property line on the south side of the property. If you have any questions please feel free to give us a call. Sincerely, Cathi Edinger Planning Technician 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 • GARFIELD COUNTY BOARD OF ADJUSTMENT AGENDA JULY 30, 2001 TIME: 7:00 pm PLACE: GARFIELD COUNTY COURTHOUSE, ROOM 301 DATE: JULY 30, 2001 1) Call Meeting to Order 2) Roll Call 3) Public Hearing: Request is for a Variance from the ten foot side yard setback. Property is located between the Roaring Fork River and County Road 156 and near the Cardiff Bridge. Applicant: Ed Rosenberg 4) Other Business 5) Meeting Adjournment • Board of AdJustment July 30th, 2001 PROJECT INFORMATION AND STAFF REPORT REQUEST: Variance from the ten -foot side yard setback APPLICANT: Ed Rosenberg LOCATION: 0176 CR 156, Glenwood Springs, CO ACCESS: Direct access off CR 156 EXISTING ZONING: - I. DESCRIPTION OF PROPOSAL A. Site Description: The subject property is located between the Roaring Fork River and CR 156 and near the Cardiff Bridge. The subject property is limited in its building envelop by the steep decline to the River and large trees on the property. B. Request: The applicant is requesting permission to expand their house by building on an attached garage. To do this they will need to build the garage inside the ten -foot side yard set back. C. Subdivision: This proposal is located in the Midland Grade Subdivision approved in 1975. MAJOR ISSUES AND CONCERNS: A. Zoning: This property is zoned R/G/UD. Minimum side yard set back for this zone district is ten feet or one half the height of the principal building, whichever is greater. The applicant is requesting permission to build a 17 by 25 foot garage on their house. Currently the applicant has twenty feet of side yard to the property line, if this variance is allowed there will still be three feet of distance between the garage and property line. B. Section Number 9.05.03 After the proper forwarding of an application for variance to the board and -where 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 topographical conditions or other extraordinary and exceptional situations or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional and practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize, upon the application relating to said property , a variance from the strict application so as to relieve such difficulties or hardship, provided, however: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Master Plan or this Resolution; The public good is more likely to be served by granting this variance then denying this variance. Should the variance be denied and the applicant forced to develop the garage on the opposite of the house those large trees would have to be removed. Large trees close to the river bank act as an anchor. Remove those trees and the possibility of erosion increases dramatically. • • 3. 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; The applicant is requesting only to build a garage on their property this is would not be out of step with the character of the neighborhood or the limitations of the zone district. The only reason place to build the garage is in the side yard set back The triangular shape of the lot, the desire to protect mature trees and the steep slopes in the back yard are the primary reasons for this variance request. 4. That the concurring vote of four members of the Board shall be necessary to decide in favor of the appellant. C. The proposed variance request is seeking relief from the side yard set back requirement of ten feet. The steepness of the back yard makes building the garage there impractical. The large trees on the other side of the house protect the riverbanks from erosion so removing them to build the garage is impractical if not down injurious to the natural environment. The applicant has made several contacts concerning this proposal, their neighbors and KN Energy. Their neighbors have stated in writing that they have no concerns with this proposal. According to the applicant, KN Energy will be replacing the old gas line and that they had no objection to locating the new gas line and meter off the garage. Glenwood Springs & Rural Fire Protection District has Staff has sent this request to the Glenwood Springs and Rural Fire Protection District for their concerns and continents. At this time the Fire District responded only to say there were no objections. Attached garages are not generally heated but they do have an electrical or power source for lighting; therefore there is some fire danger involved. Staff felt that the fire district should have the opportunity to comment on this proposal. III. RECOMMENDATION: Staff recommends that the Board of Adjustment approve this Variance. PGUQW WC7'rtr+ A4 41 I Ot 11 ti 14 4 V, E o -4; tiut J ; . .E lug. 111 Rh 111) 1111 1111 .111 1112 11414111 api .4j {1 g-. 14; lirSHIdidll J 1 • • REQUESTED VARIANCE TO BUILD AN ATTACHED GARAGE I have only one place to build a garage on my property and that is attached to my house on the existing paved driveway. This falls in the setback, which is why I am asking for a variance due to the hardship which exists. I live by the Roaring Fork River and the lay of the land slopes N.E. to the river. On the north side of the house the land slopes drastically down towards the river. Just before the slope exists a Pine tree, in excess of 60 feet tall. Twenty five feet towards the middle of the front yard lives a Maple tree in excess of 40 feet tali. Behind the area, of the proposed attached garage, exists an old log shed (10'x 24'), which sits on a concrete pad. This is a workshop and is not wide enough to accommodate a vehicle. Even if I wanted to knock this down ,which I do not, and build a garage in it's place I would still need a variance to build it big enough to accommodate a vehicle and I would encounter slope related problems. My neighbors to the immediate south (the only property directly effected by the proposed garage) are Tim and Jenny Lang -Burns. They have seen these plans and approve of the project. (please refer to attached letter). The contractor, Character Builders (Steve Maznio) is ready to begin the project as soon as I complete the variance process. Buddy, at the Water Dept., sent Buzz over (at my request) to look at the project on 5/08/01. Buzz said there are "no problems" in regards to the sewer line with the proposed project. Jeff Shreeve and Ryan Wesseling, of KN Energy, came by on 5/11/01 and notified me that regardless of the project the old natural gas line, still attached to my neighbors house to the south, must be replaced with a new line directly to CR 156. They have seen the proposed garage plans and approve of a new meter and gas line going from the outside of the proposed garage directly to the road. Thankyou for your time considering this project. Hopefully it meets with your aproval. Singel �� Car. Ed Rosenberg 176 CR 156 —'�-- Glenwood Springs, Co. 945-1054-h/ 945-6544-w To the Variance Committee: in re: Proposed attached garage at Rosenberg residence -176 CR 156 We have seen the plans for the proposed attached garage at our neighbor's house that you are now viewing for a variance. For the record we have no problems with the project. im and Jenny L : g -B 0162 CR 156 Glenwood Springs, C • 12t -71)0z,5 -Tr- VJ s I A% CD 4 • A-rraCc-1 j s2Alc Ex,51Ja/41- GAS tpve- €K/STitt rs +6'1°4-07" ©Lla C Akrz- ()O-" ( -G 12E-6 rCCA OCDCaQALQrfl 176 CA (2) RP) , s„4 o (0.4 r.avos't )+o M+c.i4P 5�r' `Tcp °''4 � �o�yQ wa,�i �.e'oi ! garc. ,p Y5..,22 a1 c+/ S /(74 QS %`aP U✓"� 0.CCPSS4 4.4 /n gclrG9r -Jce,jt,r +S CJI No -Tr: NnaGY s4+n5 3c -a. f ,,,P wst L riokcad tits, dire (.4 -1 3 fSc -lisry Mr d ho„.) .4 ,- cre,ra5p It. ROBERTSON *ARCHITECTS m- 417 MAIN STREET, SiUp1O'A' CARSONADLE, CO 111823 eft 4183414167' o7O'N$'N/! MX s 141 0.14 ooc. So. 1,-D;(9M AOC. 9Trt " co #- S/Sferrt Al wtrC Aft st TP? "Pt fir's, A ft•fCN F/,[s• •ro ydrir,iv I! L '• -it Fo ek f v'i r b, - •r UPDATE IMPROVEMENT LOCATION CERTIFICATE 1 hereby certify that this update improvement location certificate wes prepared by Sca. walker, Inc. for Edward s. Rosenberg and Rebecca S. Rosenberg, that it Is not a land sl plat or improvement survey plat, and that it Is not to be.relied upon for the establis: of fence, building, or other future Improvement lines. 1 further certify that the improvements on the above described parcel on this date, Ho 16, 1992, except utility connections, are entirely within the boundaries of the parcel except as shown, that there are no encroachments upon the described premises by Improv on any adJoining presages, except es indicated, and that there is no apparent evidence sign of any'easerent crossing or burdening any part of said parcel, except as noted. Thio survey does not constitute a title search by Prams,+ a walker, Inc. to determine ownership or easements of record. A11 information regarding ownership, easements and .. . +_ _._41._ ... _ a t.. .._ _ ... .. . .. _L . ....... ..• .. . . . . t- L G SON .AIICIRICT8. IT, IITUDIOak00 w i 1 • ":1C'K o. I Filed for mord . APR 2 9 1991 Q� �J z �}..... A.0_..., elo'clock/QM.. )71/4444-44' ....,..,.............,,,,.-....,,........,...... ....... (MURDER. r "' ..,_ I�IS,� IRI ,I Ily ........DEPUTY. Pis Berl', Made this 29th day of Lord one thousand nine hundred and ninety one between EDWARD S. ROSENBERG whose street, address is 0176 156 Road , City or Town of Glenwood Springs, CO. 81601 County of Gar ield and State of Colorado, of the first part, and EDWARD S. ROSENBERG AND REBECCA 8. ROSENBERG whose street address is 0176 156 Road , City or Town of Glenwood Springs, CO. 81601 County of Garfield and State of Colorado, of the second port; April 600K in the year of our t3O3 P QE130 GARF1ELD sta . r Witneetteth, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration DOLLARs, to the said party of the first part in hand paid by the said parties of the second part, the receipt. whereof is hereby confessed and acknowledged, has. remised, released, Bold and quit -claimed, and by these presents do es remise, release, sell and quit -claim, unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivors forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: See Attached Exhibit A To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said parties of the second part, the survivor of their, their assigns and the, heirs and assigns of said survivor forever. In Witness Whereof, The said party of the first part ha s hereunto set his hand and seal the day and year fust above written. Signed, Sealed and Delivered in the Presence of E ward S. Rosenberg (SEAL) (SEAL) (SEAL) +n STATE or COLORADO. County o[ Garfield acknowle+Igesl hcfure me this 24th by Edward S. Rosenberg Witness my hand and official seal. My Commission expires 11/5/91 oe otary Public 905 Grai6Ave., Glenwood Springs, CO day of Tho foregoing instrument was April , 19 91 Address 1i Milling Address fir Future Tat Notices Name Malling Addreu, *se Rev. P.73 QVIT CLAIM DEED TO JOINT TENANTS -nlE c r. rroECNEL-cu., oENv EN. caro. rise+ 100 1 WOK 8 6E131 EXHIBIT A' A tract of land situated in the NESE: of Sec. 21, Tp. 6 S., R. 89 W., 6th P. M., described as follows: Beginning at a point on the Easterly line of the County Road whence the East quarter corner of said Sec. 21 bears North 33°39' East 952.1 .feet; thence North 7°52' West 93.1 feet along the East line of said County Road; thence North 30°44' East 89.2 feet along the Easterly line of said County Road; thence South 29°41' East 70 feet; thence South 46°59' East 248.1 feet; thence North 76°6' West 257 feet to the point of beginning. Except that part conveyed out by Document No. 175667. County of Garfield State of Colorado Matttn4 Address for,,...._.._.,__......, Future TeK $u LCes D Name Malltnd Address 358 R3V. 8-73 QUIT c4AIM DEED TO JOINT TENANTS —1HE c. F. HOEcuEL co., DENVER. COLO. 20604 o NEIGHBORS WITHIN 200 FEET OF 0176 CR 156 (per accessor's office) 1. Tim and Jenny Lang -Burns 0162 CR 156 Glenwood 2. Stella Olson 194 CR 156 (rental property -505 Williams St. is her residence) Glenwood 3. Michael and Sharon Sommers 0189 CR 156 Glenwood 4. Ed and Cheryl Bean 0171 CR 156 Glenwood r 1 C7' '�di. lc • Ga • s C-) C:7 ry .:..� G 7" Li- t Resolution VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution ÷- fF 6"' , request(s) a variance to (applicant/owners name) Section of the Garfield County Zoning Resolution concerning to permit in the 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. D. Practical description of site - including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available at the Assessor's office). F. Where applicable: descriptions of domestic water source, sewage disposal and other utility facilities. G. Plans and specifications for the proposal. H. Narrative explaining why the variance is being requested. 1. It should be demonstrated by the above information and statements that, "...where 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 aceptional topographic 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: 2,05.03 (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 applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. PROCEDURAL REOUIREMENJ S: 1. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m.. 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 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 9.0 5,04 (2)) The above and attached information is correct and accurate to the best of my owledge. SAL n (signatures of applicant/owner) APPLICANT: b sP, Akor5 PHONE: 94(5' AL'S `/ /Orin, ‘,--4/4i 4.1 2 MAILING ADDRESS: /16 / s 6 ..4 to., SeAS, c-0 f/ 4.0 OWNER: 5 d ,-.Q ONE: MAILING ADDRESS: REQUESTED VARIANCE TO BUILD AN ATTACHED GARAGE I have only one place to build a garage on my property and that is attached to my house on the existing paved driveway. This falls in the setback, which is why 1 am asking for a variance due to the hardship which exists. I live by the Roaring Fork River and the lay of the land slopes N.E. to the river. On the north side of the house the land slopes drastically down towards the river. Just before the slope exists a Pine tree, in excess of 60 feet tall. Twenty five feet towards the middle of the front yard lives a Maple tree in excess of 40 feet tall. Behind the area, of the proposed attached garage, exists an old log shed (10'x 24'), which sits on a concrete pad. This is a workshop and is not wide enough to accommodate a vehicle. Even if 1 wanted to knock this down ,which I do not, and build a garage in it's place I would still need a variance to build it big enough to accommodate a vehicle and 1 would encounter slope related problems. My neighbors to the immediate south (the only property directly effected by the proposed garage) are Tim and Jenny Lang -Burns. They have seen these plans and approve of the project. (please refer to attached letter). The contractor, Character Builders (Steve Maznio) is ready to begin the project as soon as I complete the variance process. Buddy, at the Water Dept., sent Buzz over (at my request) to look at the project on 5/08/01. Buzz said there are "no problems" in regards to the sewer line with the proposed project. Jeff Shreeve and Ryan Wesseling, of KN Energy, came by on 5/11/01 and notified me that regardless of the project the old natural gas line, still attached to my neighbors house to the south, must be replaced with a new line directly to CR 156. They have seen the proposed garage plans and approve of a new meter and gas line going from the outside of the proposed garage directly to the road. Thankyou for your time considering this project. Hopefully it meets with your aproval. Sine g ely, Ed Rosenberg 176 CR 156 —�— Glenwood Springs, Co. 945-1054-h/ 945-6544-w • • To the Variance Committee: in re: Proposed attached garage at Rosenberg residence -176 CR 156 We have seen the plans for the proposed attached garage at our neighbor's house that you are now viewing for a variance. For the record we have no problems with the project. im and Jenny L 0162 CR 156 Glenwood Springs, Co. • VARliNia 'TT) ?!)oci A-nAc(-kms 724G4.7 -, GA aAGC ‘ Fx/si),/& GA5 L,,%/Z" T I Oc� C4�CZ1j,�� 12)2\\\>CACISH (2 `b) rt„..„,.(j 1 � � 4L' CAR ,? c &z),6( 2 {� , .irterG (�-o) yr SP 4 &.)ZZ tom [4-0 S.F O Acj r- c, . clot kOJ W % J I d L ,. ' " Y]�Z2 a,c QS/ Jon Tato ofr GLC[s'c'ttL in garay -5614.4 rsGK M7 S / 1- o �, , ( _' \, _, PCPs. 1 �-l� t ��i if cGti3 (' /4' /A.4-1 St 6P i L 1 C -6 a o .w +e n l A.12 4 A1/4 -A2 1' + G f 02/27/1995 07:46 39396l4P4de • R. C. !toll■*TEON.tWTECTE me. 417 MAIN STREET, STUOIO'A' CARIONADLE, CO 11123 070403.00$7 170.03'1106 FAX • / Pier • /� oma.. Alp. t7f44.7 • 1 N D;C47iG o f Sysr.'•l 14'r -g' t 4l $, T19 a rt 'prey frote / Fr fs.d '1"F • AIrotittier fa ✓,reify „pc NOre vr'i Grp /ti /t0Dirt b b' 8S, t1/44.04, r...* o ,A' a�1 35.09 �A O 433'391C sRQ/ 9st.so. T...sa�.�rT �� •r eeaaK i►',�v" .Kx.Ta PAs(Cry '�-.rte. `. 41) Wh1) ilfeWAY Lp CrtO R4 LSCA. CI:4;e Po« UPDATE IMPROMMENT LOCATICN CERTIFICATE I hereby certify that this update improvement location certificate was prepared by Sca: walker, Inc. for Seward S. Rosenberg and Rebecca B. Rosenberg, that it is not a tad s - plat or improvement survey plat, and that it is not to be.relied upon for the establlsr of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel on this date, tic.. 16, 1992, except utility connections, are entirely within the boundaries of the parcel. l: except as shorn, that there are no encroachments upon the described premises by improv, on any adjoining premises, except as indicated, and that there is no apparent evidence sign of any.eaaement croaeing or burdening any part of said parcel, except as noted. ThLs survey does not constitute a title search by Scarrow a walker, Inc. to determine ownership or easements of record. All information regarding ownership, easements and wwr..-Mr. ri a 1.1.4m.64..,i C«.... ..... •. . a ._ . ■ .......... • . • . L C✓ 'MON •/111C1RECfl tr. i;.n 'Ai ;NIx PA/ vF • 1 • PATIO dew ntg . ` PrA tit; �rw+Owr IM l tenotos.. /0 ', r ro. 11 APRR*991 1• for record theA, I). 10 et Co'cl0rk�lECUEDER. ,42Jd IIIpotion No..... ,1y.. ........................... DEPUTY. arlyje ElErb y Made this 24th Lord one thousand nine hundred and ninety one day of between April in the year of our sa�K S03 noW1.30 EDWARD S. ROSENBERG whose street address is 0176 156 Road , City or Town of GienWood Springs, CO. 81601 County of Garfield . and State of Colorado, of the first part, and EDWARD S. ROSENBERG AND REBECCA S. ROSENBERG whose street address is 0176 156 Road , City or Town of Glenwood Springs, CO. 81601 County of Garfield and State of Colorado, of the second part; Witnesseth, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt. whereof is hereby confessed and acknowledged, has; remised, released, sold and quit -claimed, and by these presents do es remise, release, sell and quit -claim, unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of thein, their assigns and the heirs and assigns of such survivors forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: GARFIELD Sabi gag See Attached Exhibit A To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of said survivor forever. In Witness Whereof, The said party of the first part ha s hereunto set h i s hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of 'SEAL) Edward S . Rosenberg (SEAL) (SEAL) 4 STATE OF COLORADO, County of Garf ield acknowledged before me this 24th day of by Edward S. Rosenberg }as. Witness my hand and official seal. i11v commission expires 11/5/9i The foregoing instrument was April , 1991 otaryPublic 905 Gra'PAve., Glenwood Sprngs, CO Address Mailing Address for Future Tax Notices Name Mailing Address 358 REv, e.7s QUIT CLAIM DEED TO JOINT TENANTS -TUE C. F. IIOCCKFL. co., DENVER, COLO. 213404 • EXHIBIT A' 0 BOOK 803 f AGf 31. A tract of land situated in the NE4SE: of Sec. 21, Tp. 6 S., R. 89 W., 6th P. M., described as follows: Beginning at a point on the Easterly line of the County Road whence the East quarter corner of said Sec. 21 bears North 33°39' East 952.1 .feet; thence North 7°52' West 93.1 feet along the East line of said County Road; thence North 30°44' East 89.2 feet along the Easterly line of said County Road; thence South 29°41' East 70 feet; thence South 46°59' East 248.1 feet; thence North 76°6' West 257 feet to the point of beginning. Except that part conveyed out by Document No. 175667. County of Garfield State of Colorado MailingAddress for .......... ............. ......... ......... --...._.............................._......_.-..-....................,................................._........................._..................,.. Future Tax Notices Name Mailing Address 358 REV. 8-73 QUIT CLAIM DEED TO JOINT TENANTS --THE C. F. IIoFCKEI Co.. DENVER, COLO. 28604 ±y li g• a..1: r'. lh:iriAiJf1'h4lihiY�l�Hi�?�entUL�_�: lG-._- l�;:U.11:rrr.1.,. • NEIGHBORS WITHIN 200 FEET OF 0176 CR 156 (per accessor's office) 1. Tim and Jenny Lang -Burns 0162 CR 156 Glenwood 2. Stella Olson 194 CR 156 (rental property -505 Williams St. is her residence) Glenwood • 3. Michael and Sharon Sommers 0189 CR 156 Glenwood 4. Ed and Cheryl Bean 0171 CR 156 Glenwood BLM r EFERRAL FORM arfield County Planning Department )9 8th Street, Suite 303 lenwood Springs, CO 81601 .70) 945-8212/Fax: (970) 945-7785 •RECEIVED JUN 2 5 2001 Date Sent: June 20, 2001 Return Requested: July 16, 2001 File Name s Pro'ect Name s T te of A.• lication s Ed Rosenberg Variance Reque. .Variance Request to side yard setback Staff Planner: Greg Butter Phone: (.970) 945-8212 Applicant: D3 Rosenberg Phone: (970) 945-1054 Contact Person: Phone: Location: 176 CR 156 Glenwood Springs, OD Sun rnary of Request: request variance to side yard setback by 7 feet 'he Garfield County Planning Department has received a land use request as referenced above. Your comments re an important part of the evaluation process. In order to review all appropriate agency comments and 3corporate them into the Staff Report, we request your response by July 16, 2001 GARF:I.ELU COUNTY School District Road & Bridge County Attorney COLORADO STATE Water Resources Geological Survey (Fee) Health De • artment Forest Service (Fee Wildlife r)wievmn SERVICE DISTRICT U.S. West Public Service Holy Cross Electric G.S./Carbondale Fire District Silt/New Castle/Rifle Fire District Snit f'tyiceiv tinn tlictrirl Planning Commission (1 Armond sgringaiialre Pnatection BOCC June 20, 2001 Glenwood Springs and Rural Fire Protection District 806 Cooper Avenue Glenwood Springs, CO. 81601 RE: Rosenberg Variance To Whom It May Concern: • Garfield County BUILDING & PLANNING DEPARTMENT Attached is the Rosenberg Variance for fire and safety review and comment. Please note the Rosenbergs are requesting permission to build a garage inside the ten -foot side yard setback. Since this will be a garage planning staff assumes there will be a power source for, at very least lighting and an automatic door opener, there also might be some type of heat source, possibly natural gas. Please feel free to direct any comments you might have, at your earliest convenience, to the Garfield Planning Department. Thank you for your time and attention to this matter. Cordially, GARFIELD COUNT PLANNING DEPARTMENT anner 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 u oIQ apC]LON7 V' z rim; C] Vill Fr""..) 1 w N \": C ! 447 44' 7. - mmsm smin folEPE- J MM- EMMTmi gra • 1. • MAP dWOO:83GN3- .. r PUBLIC NOTICE TAKE NOTICE that Ed Rosenberg has applied to the Board of Adjustment, Garfield County. State of Colorado, to review a Variance, pursuant to 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: Practical Description: A parcel within the NE'/, SE'/. of Section 21, Township 6 South, and Range 89 West of Garfield County in the State of Colorado. 0176 CR 156, Glenwood Springs, CO. 81601 Said application for this Variance will allow the applicant to build a garage in the ten -foot side yard setback. All persons affected by the proposed Variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meetings, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the continents of surrounding property owners and others affected in deciding whether to grant or deny this request for a Variance. This Variance application may be viewed at the office of the Planning Department located at the Garfield County Courthouse, 109 -8th Street, Suite 303, Glenwood Springs, Colorado, between the hours of 8:30AM and 5:OOPM, Monday through Friday. That public heann on this application for the above Variance has been set for the 30th day of July, 2001 at 6 3 the hour of OPM, at the Garfield County Courthouse, 109 -8th Street, Suite 303, Glenwood Springs, Colorado. 1 PA Planning Department Garfield County W • • • • • • i GLENWOOD SPRINGS POST INDEPENDENT STATE OF COLORADO, } 32199 COUNTY OF GARFIELD. a d ▪ x53tr=t<~a'chi �U-o ▪ 6-M 046 tt'c?8n •X _ o •ro o a .2 ,5 o ^roc76 1'o.11)o Ck o1idO b�— rn� 8 .c rnl `q G 1p OGY_.� � o h o ° d�A a° 4o04K"C ciwro C7 3 w ro m7 .:1:; ro c4co5- ; • 8p„ -d V -0 • .ss o Q.co � C7 a o0 11 0 m :X1J! gth.JI1T Vi i tIfillti igk ;B111111,1 1 1;41 Itgisia 11$.8°111W!Vk111(,%11111iAL 41 a ft 11. ■ •. JI _.-x._JI ._._ .■ _._ !_I _•_ i.t i_•_.!._•_J_ I _.____J _•_ ! _!_! ! _•_.•_ _• _ _ 2014 Grand Avenue, Glenwood Springs, CO 81601 SENr7:=f 1. COMPLETE THIS SECTION ■ • , . : it: &and 3. Also complete Aecri_Silf :• Delivery is desired. PAitp csi namoawd.address on the reverse • so that we can return the card to you. •,, 4ttaoh this card to the back of the mailplece, G or on the front if space permits. 1. Article Addressed to: ( rSLrt.r\ cm\FtL4S f 8' / ac. GC���� �S•, C'a� -(Gt.)r A. Received by Print Clearly) 11 B. Date of Delivery -� Q innt D. Is delivery address different from item 1? 0 Yes if YES, enter delivery address below: ❑ No ervice Type rtified Mall ❑ egistered 0 Insured Mall ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service Label) 7oab (moo in 6egifif OW ea S Form 3811, July 1999 Domestic Return Receipt 102595.00-M-0952 111ZI17 :iffHelitIlgial ll16Y.YYyILlL�� • 7Md1[rl 17811W1- ■ Complete iterrl? and 3. Also complete item 4 if Restrl Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card tq .the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PL, dCC-01'j arkA n lir /76P C6)4\ t-.10' 153f A. Received by (P rint Clearly) B Date of Delivery B. 5 -eV C. SloriatAre X ❑ Agent q Addressee D. Is delivery addrerent from item 1? 0 Yes If YES, enter + ve •r: .plow: 0 No 'ce Type rtified Mail 0 Express Mail tered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.D.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service 1E690 e7c)15c] (GVO etan4=b 5i4' CX/a 3 PS Form 3811, July 1999 Domestic Return Receipt 102595 -D0 -M-0952 ■ Complete Ite, and 3. Also complete item 4 if Restrl mDelivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: i7,+l 4s- -QAr\'./ Lko6 v&M.( o1 Ga RcC. 6 6,1030,3qverl., . ciccp 2. Article Number (Copy from service Labe$ PS Form 3811, July 1999 <K�Ii�ly3�llrllill.Y.YrBIIelPI�I►�lK,� _=-- A. Received by (P rant Clearly) B e of/Deliver C. Signature X D. Is delivery address different from hem 1? If YES, enter delivery address below: 3. Ser�cice Type Certified Mail 0 Express Mau egistered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. ❑ Agent 0 Addressee ❑ Yes ❑ No 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Return Receipt 102595.00-M-0952 14']MI U:1 :11' Gomes Ic at In y, +o norance rVE rout _tare Postage Certified Fee Return Receipt Fee {Endorsement Required) Restricted Deiivery Fee (Endorsement Required) Total Postage & Fees Sent To Sheet, Apf. No., o 0 ox No. city, �.`'. 'Postm''k (" Here • 0E106 8945 0423 ?OH 1670 1 . . OS omostic at •o • o murance ove, 4r v • lip Return Receipt (Endorsement Require Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sen C—(‘- Ttnoet, Apt No.; or I CIty, 0P+4 43-00 P -b• 11064k e.t.'•- ..,... ' • —''''''' , • ' , • ‘..p.,,{tiriark .f ,ere (-)Here ::i'-` . ., ) : 2uu1 • -n L.11 tr- co 1670 0006 numorimirizrime, WiAgilid1411nTIIIM14•14101 WarinrailfWARTIMIMINIZETWITITIPMEZ:. Postage Certified f-ee Return R (Endorsem it*.S Fles#(End entt d) Total Postage & Fees • r. PoSt i r ' Seat To cft... Street, Apt No.: or o Sti ( f Oty, St +4 pz::,iy‘tt•Q 0006 8944 7000 1670 :5&17111. a iTA [K 114 :k11S1401I'J 1IU:We141 ox Postage Certified Fee Return Receipt fee {Endorsement Required) Restricted Delivery Fee {Endorsement Required) Total Postage & Fees q;) �f-j/../•'r l `fig9 • Memorandum To: Ed Rosenberg CC: From: Garfield County Planning Department Date: 06/21/2001 Re: Rosenberg Variance Your item is scheduled to be heard by the Board of Adjustment July 30th, 2001 at x-3-0 M. Because this is a public hearing you will be required to notify the adjacent property owners (within 200 feet of the subject property — list available from the assessor's office) and have printed in a newspaper of general circulation (in that portion of the County) the attached public notice. This needs to be done 0.40013t least fifteen days prior to the scheduled hearing and not more than thirty days before the hearing.:, The day of the hearing does not count as one of the day's prior. Theailtngs must be certified return receipt notifying the property owners within 200 feet of the subject'property of the hearing time and place. Please have the return receipts available the day of the hearing: . 1 vdpubl shed the Public Notice in a newspaper of general circulation in that area of the County at least oice>prior to the hearing. Therefore in order to meet the public noticing requirement the mailingsand newspaper publishing should go out during the week of July 9th through the 13th. The ast<day this can be printed in a newspaper is the 15th of July and that date is a Sunday and newspaper in this area do not run legal notices on Sunday. Caution is advised. Please read the public notice very clearly, if you what appears to be a discrepancy contact this office at once for clarity. Please remember that it is the applicant's responsibility to make sure the public noticing has been correctly. .• PUBLIC NOTICE TAKE NOTICE that Ed Rosenberg has applied to the Board of Adjustment, Garfield County, State of Colorado, to review a Variance, pursuant to 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: Practical Description: A parcel within the NE '/, SE Y,, of Section 21, Township 6 South, and Range 89 West of Garfield County in the State of Colorado. 0176 CR 156, Glenwood Springs, CO. 81601 Said application for this Variance will allow the applicant to build a garage in the ten -foot side yard setback. All persons affected by the proposed Variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meetings, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny this request for a Variance. This Variance application may be viewed at the office of the Planning Department located at the Garfield County Courthouse, 109-8t Street, Suite 303, Glenwood Springs, Colorado, between the hours of 8:30AM and 5:00PM, Monday through Friday. That public hear�i��n on this application for the above Variance has been set for the 30th day of July, 2001 at the hour ofI>9PM, at the Garfield County Courthouse, 109 -8th Street, Suite 303, Glenwood Springs, Colorado. PA Planning Department Garfield County • . Board of Adjustment July 30th, 2001 PROJECT INFORMATION AND STAFF REPORT REQUEST: Variance from the ten -foot side yard setback APPLICANT: Ed Rosenberg LOCATION: 0176 CR 156, Glenwood Springs, CO ACCESS: Direct access off CR 156 EXISTING ZONING: R/G/UD I. DESCRIPTION OF PROPOSAL A. Site Description: The subject property is located between the Roaring Fork River and CR 156 and near the Cardiff Bridge. The subject property is limited in its building envelop by the steep decline to the River and large trees on the property. 13. Request: The applicant is requesting permission to expand their house by building on an attached garage. To do this they will need to build the garage inside the ten -foot side yard set back. C. Subdivision: This proposal is located in the Midland Grade Subdivision approved in 1975. II. MAJOR ISSUES AND CONCERNS: A. Zoning: This property is zoned R/G/UD. Minimum side yard set back for this zone district is ten feet or one half the height of the principal building, whichever is greater. The applicant is requesting permission to build a 17 by 25 foot garage on their house. Currently the applicant has twenty feet of side yard to the property line, if this variance is allowed there will still be three feet of distance between the garage and property line. 13. Section Number 9.05.03 After the proper forwarding of an application for variance to the board and where 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 topographical conditions or other extraordinary and exceptional situations or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional and practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize, upon the application relating to said property , a variance from the strict application so as to relieve such difficulties or hardship, provided, however: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Master Plan or this Resolution; The public good is more likely to be served by granting this variance then denying this variance. Should the variance be denied and the applicant forced to develop the garage on the opposite of the house those large trees would have to be removed. Large frees close to the river bank act as an anchor. Remove those trees and the possibility of erosion increases dramatically. • • 3. 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; The applicant is requesting only to build a garage on their property this is would not be out of step with the character of the neighborhood or the limitations of the zone district. The only reason place to build the garage is in the side yard set back. The triangular shape of the lot, the desire to protect mature trees and the steep slopes in the back yard are the primary reasons for this variance request. 4. That the concurring vote of four members of the Board shall be necessary to decide in favor of the appellant. C. The proposed variance request is seeking relief from the side yard set back requirement of ten feet. The steepness of the back yard makes building the garage there impractical. The large trees on the other side of the house protect the riverbanks from erosion so removing them to build the garage is impractical if not down injurious to the natural environment. The applicant has made several contacts concerning this proposal, their neighbors and KN Energy. Their neighbors have stated in writing that they have no concerns with this proposal. According to the applicant, KN Energy will be replacing the old gas line and that they had no objection to locating the new gas line and meter off the garage. Glenwood Springs & Rural Fire Protection District has Staff has sent this request to the Glenwood Springs and Rural Fire Protection District for their concerns and comments. At this time the Fire District responded only to say there were no objections. Attached garages are not generally heated but they do have an electrical or power source for lighting; therefore there is some fire danger involved. Staff felt that the fire district should have the opportunity to comment on this proposal. III. RECOMMENDATION: Staff recommends that the Board of Adjustment approve this Variance. REQUESTED VARIANCE TO BUILD AN ATTACHED GARAGE I have only one place to build a garage on my property and that is attached to my house on the existing paved driveway. This falls in the setback, which is why I am asking for a variance due to the hardship which exists. I live by the Roaring Fork River and the lay of the land slopes N.E. to the river. On the north side of the house the land slopes drastically down towards the river. Just before the slope exists a Pine tree, in excess of 60 feet tail. Twenty five feet towards the middle of the front yard lives a Maple tree in excess of 40 feet tall. Behind the area, of the proposed attached garage, exists an old log shed (10'x 24'), which sits on a concrete pad. This is a workshop and is not wide enough to accommodate a vehicle. Even if I wanted to knock this down ,which I do not, and build a garage in it's place I would still need a variance to build it big enough to accommodate a vehicle and I would encounter slope related problems. My neighbors to the immediate south (the only property directly effected by the proposed garage) are Tim and Jenny Lang -Burns. They have seen these plans and approve of the project. (please refer to attached letter). The contractor, Character Builders (Steve Maznio) is ready to begin the project as soon as I complete the variance process. Buddy, at the Water Dept., sent Buzz over (at my request) to look at the project on 5/08/01. Buzz said there are "no problems" in regards to the sewer line with the proposed project. Jeff Shreeve and Ryan Wesseling, of KN Energy, came by on 5/11/01 and notified me that regardless of the project the old natural gas line, still attached to my neighbors house to the south, must be replaced with a new line directly to CR 156. They have seen the proposed garage plans and approve of a new meter and gas line going from the outside of the proposed garage directly to the road. Thankyou for your time considering this project. Hopefully it meets with your aproval. Sine elf/, S¢.,. Ed Rosenberg 176 CR 156 �-- Glenwood Springs, Co. 945-1054-h/ 945-6544-w To the Variance Committee: in re: Proposed attached garage at Rosenberg residence -176 CR 156 We have seen the plans for the proposed attached garage at our neighbor's house that you are now viewing for a variance. For the record we have no problems with the project. im and Jenny L 0162 CR 156 Glenwood Springs, Co. VARIANCE APPLICATION • GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution C b d'' f2(&C.CM (2 Z 14& i R , request(s) a variance to (applicant/owners name) Section of the Garfield County Zoning Resolution concerning zone district. to permit in the SUBMITIAL 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. D. Practical description of site - including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available at the Assessor's office). F. Where applicable: descriptions of domestic water source, sewage disposal and other utility facilities. 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 shape 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, 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 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; 2,0_323.1.1): 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. K. A $250 fee must be submitted with the application. PROCEDURAL REQUIREMENTS: 1. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m.. 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 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 9.0 5,04 (2)) The above and attached information is correct and accurate to the best of my, owledge. (signatures of applicant/owner) 416--- APPLICANT: r`b2Ls'r'cy PHONE: c/`rs' � y 4 -rode ts MAILING ADDRESS: /1 L / t 6 2fi-e G to % Se S. Go f/ `a r OWNER: S 4 /0'4 MAILING ADDRESS: 07- VASZIA'Ntk -� .4 L)(t'."7") GAizAGC E./ zl 0c2b (2.b� d- 2-E-BEccA ,n inn r I-4 6 4L. R)� .6MITE- �� p -o'/ L7(wai-er Ntv,-6 s4 g„., z_-, Cpp�'��Ps I }`b 1�c•��P SCJ rQ --req) c��`� �a/ koosQ t Jo '0( in qAr el.() ci Q S �o n as -The v �`C" QCc.PS S'<t l//P I n Q al r G -`JSecj Pay- IS 0K. 5 5 1 C. Q stir -0 u- /1_Q u1 co r /k -P Iikititer d+ G 02/27/1995 07:46 3039638936 R. C. ROiRWMON • ARCHITECTS Me' 41? MAIN STREET, STUDIO 'A' CARBONADLE, CO 81833 470.483.000? e70.483.e11ee MX A es. Pchr•K r•u< RC RUbLK 15UN AKt,:H :U rHut RLL foviC4re LUC*9Ti�,.- oma" SysrRrt A.r w ird. G I/: st TA'" /pro 4 4-4ew rfirid •I rr4 14 ro ✓riti/ry AD '''r'e[ foe\ /ytpoiTibry • a s Ne993o" Q 35.09 Ile: 413.316m 8/ 9.2..101 • Y / • ,KR•ts PAD RN0 PoweR PGA Ar 3s1 S UPDATE IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this update improvement location certificate was prepared by Scar Walker, Inc. for Edward 9. Rosenberg and Rebecca 8. Rosenberg, that it is not a lard st.. plat or improvement survey plat, and that it is not to be -relied upon for the establish: of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel on this date, Nov 16, 1992, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improve. on any adjoining premises, except as indicated, and that there is no apparent evidence • sign of any -easement crossing or burdening any part of said parcel, except as noted. This survey does not constitute a title search by 3caxrow C Walker, Inc. to determine ownership or easements of record. All information regarding ownership, easements and c ...... s. i ..a ti.�..._. J1 l..... ...! 1 a._L 1 ..........•.. . 11 L G %TaoN. ICHR ~cm 10. MIT, IMMO'A' BOO 111023 MX 1 (led 4°A W elIbetErr /N £74c3'. '1 APR 2101991 Filed ror record kheJ� , A. U. 15.. , sE 43 6 o'clock./3M. ,. di 4-111611 .RECORDEitl. 1}v ................................ .1,EPtrrY. �t argil, Made this 24th day of Lord one thousand nine hundred and ninety one between EDWARD S. ROSENBERG whose street address is 0176 156 Road , City or Town of Glenwood Springs, CO. 81601 April in the year of our fl(l0K 803 P QEj3Q County of Garfield . and State of Colorado, of the first part, and EDWARD S. ROSENBERG AND REBECCA S. ROSENBERG whose street address is 0176 156 Road , City or 'Town of Glenwood Springs, CO. 81601 County of Garfield and State of Colorado, of the second part; Witnestieth, That the said part y of the first part, for and in consideration of the sure of Ten Dollars and Other Good and Valuable Consideration DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt. whereof is hereby confessed and acknowledged, has; remised, released, sold and quit -claimed, and by these presents does remise, release, sell and quit -claim, unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivors forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: GARFEEID stat• Dom Pap See Attached Exhibit A To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right., title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, henefit and behoof of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of said survivor forever. In Witness Whereof, The said party of the first part ha s hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of hereunto set h i s (SEAL) Edward S Rosenberg (SEAL) (SEAL) STATE 01' COLORADO, County of Garfield)ss. acknowledged before me this 24th (lay of by Edward S. Rosenberg Witneea any hand and official seal illy commission expires 11/5/91 The foregoing instrument was April , 1t 91 otary Public 905 Gra"Ave., Glenwood Springs, CO Address Moiling Address for Future Tax Houses Name Mailing Address 358 REV. 13-73 QUIT CLAIM DEED TO JOINT TENANTS- -TOE C. F. FlOICKFL CO., DENVR, COLO. 29604 mu 803 racEj3j EXHIBIT A' A tract of land situated in the NEaSE: of Sec. 21, Tp. 6 S,, R. 89 W., 6th P. M., described as follows: Beginning at a point on the Easterly line of the County Road whence the East quarter corner of said Sec. 21 bears North 33039' East 952.1 _feet; thence North 7052' West 93.1 feet along the East line of said County Road; thence North 30°44' East 89.2 feet along the Easterly line of said County Road; thence South 29°41' East 70 feet; thence South 46°59' East 248.1 feet; thence North 76°6' West 257 feet to the point of beginning. Except that part conveyed out by Document No. 175667. County of Garfield State of Colorado Mailing Address for Future Tax Notices 35B REV. 8-73 Name R /r/u D Mailing Address QUIT CLAIM DEED TO JOINT TENANTS—THE C. r. HOLCKEL CO„ DENVER, COLO. 2,8804 • • • NEIGHBORS WITHIN 200 FEET OF 0176 CR 156 (per accessor's office) 1. Tim and Jenny Lang -Burns 0162 CR 156 Glenwood 2. Stella Olson 194 CR 156 (rental property -505 Williams St. is her residence) Glenwood 3. Michael and Sharon Sommers 0189 CR 156 Glenwood 4. Ed and Cheryl Bean 0171 CR 156 Glenwood REFERRAL FORM Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 945-7785 Date Sent: June 20, 2001 Return Requested: July 16, 2001 File Name(s) Project Name(s) Type of Application(s) Ed Rosenberg Variance Request same Variance Request to side yard 'School District setback Road & Bridge Staff Planner: Greg Butler Phone: (970) 945-8212 Applicant: D3 Rosenberg Phone: (970)945-1054 Contact Person: Phone: Location 176 CR 156 Glenwood Springs, C — Summary of Request: request variance to side yard setback by 7 feet The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by July 16, 2001 GARFIELD COUNTY 'School District Road & Bridge County Attomey COLORADO STATE Water Resources BLM Geologicat Survey (Fee) Health Department Forest Service (Fee) WiMlife. flivkinn SERVICEDISTRICT U.S. West Public Service Holy Cross Electric G.S./Carbondale Fire District 'fill: Glenwood rings&Rura 1 Fire Protection District Silt/New Castle/Rifle Fire District S i1 roncorvatinn Dicirict Planning Commission BOCC • t, • EDWARD ROSENBERG REBECCA ROSENBERG 0176 COUNTY ROAD 156 GLNWOOD SPRINGS, CO 81601 DATE PAY TO THE � { ORDER OF ��_.\--",(j rE}�-ti;� /r 1 1Z.t'M �i.$ Cp)pe� do "Sr y awa.ao.r t�o�wwrw�.warrr yaao rz� �.ne 118 82-24.0070 DOLLAR^, • • • • • notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay, in his opinion, would cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record or the Board upon proper application. No restraining order shall be issued by the Board except after notice to the officer or agency from whom the appeal is taken and only if due cause is shown. 9.04.02 Action by the Board of Adjustment: The Board shall have the powers and duties to hear and decide appeals as set forth in Section 9.05.03 of this Resolution. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of the appellant. (A. 79-132) 9.05 VARIANCE 9.05.01 Application: An application for a variance shall be made to the County Building Official • form-pres the- - f-an-applicationiorn permit as provided in Section 9.01 and any other section related to the requested use or interpretation, plus: (1) Any additional information deemed necessary by the Building Official in order to permit the Board of Adjustment to fully understand the issues which it will consider; (2) A statement from the applicant setting forth the specific provisions of this Resolution from which relief is requested, the nature and degree of relief sought and the reasons in justification thereof; (3) A fee in an amount set by the County Commissioners by separate resolution, in order to defray the cost of processing and consideration of the proposed variance. (A. 80-180) 9.05.02 Action by the Building Official: The Building Official shall utilize services of the Environmental Health Officer, the County Planning Director and any other county or state officials or agencies to arrive at a determination that the proposed building, structure or use is in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except for those provisions of this Resolution from which variance or relief is requested; and if the proposed building, structure or use is in compliance except for said provisions, shall forward the application along with his report to the Secretary of the Board of Adjustment. If the application is not so in compliance, the Building Official shall notify the applicant of the deficiencies. No application for variance shall be forwarded to the Board until such compliance is achieved by the applicant. 9.05.03 Action by the Board of Adjustmen_t: After the proper forwarding of an application for variance to the Board and where by reason of exceptional narrowness, shallowness or 145 a • • 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 strict application of any regulation enacted under this Resolution would result m peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize, upon the application relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided, however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (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; (3) That the circumstances found to constitute a hardship were not caused by the applicant;are-nnott to to ons ot- be practically corrected; (4) That the concurring vote of four (4) members of the Board shall benecessary to decide in favor of the appellant. 9.05.04 Public Hearing: Hearings held on requests for variances from strict application of the t provisions of this Resolution may, at the discretion of the Board, be conducted as a public hearing following public notice containing the name of the applicant, desadptian of the property involved, a statement of the nature of the appeal and the time and place of the hearing. If such a public hearing is held, such notice shall be the sole responsibility, and at the expense, of the applicant and shall be given as follows: (1) Notice by publication 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 shalt be presented at the hearing by the applicant. 2) Notice by mail 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 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. (A. 80-180) 146 • emorandum To: Ed Rosenberg CC: From: Garfield County Planning Department Date: 06/21/2001 Re: Rosenberg Variance Your item is scheduled to be heard by the Board of Adjustment July 30th, 2001 at 6:30 PM. Because this is a public hearing you will be required to notify the adjacent property owners (within 200 feet of the subject property -- list available from the assessor's office) and have printed in a newspaper of general circulation (in that portion of the County) the attached public notice. This needs to be done on at least fifteen days prior to the scheduled hearing and not more than thirty days before the hearing;;:. The day of the hearing does not count as one of the day's prior. The:xtaligs must be certified return receipt notifying the property owners within 200 feet of the subject0.0perty of the hearing time and place. Please have the return receipts available the day of to ►earing e published the Public Notice in a newspaper of general circulation in that area of the County at St -bride -prior to the hearing. Therefore in order to meet the public noticing requirement the mailings and newspaper publishing should go out during the week of July 9th through the 13th• The last lay this can be printed in a newspaper is the 15th of July and that date is a Sunday and newspaper in this area do not run legal notices on Sunday. Caution is advised. Please read the public notice very clearly, if you what appears to be a discrepancy contact this office at once for clarity. Please remember that it is the applicant's responsibility to make sure the public noticing has been correctly. 1 PUBLIC NOTICE TAKE NOTICE that Ed Rosenberg has applied to the Board of Adjustment, Garfield County, State of Colorado, to review a Variance, pursuant to 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: Practical Description: A parcel within the NE 'A SE'/, of Section 21, Township 6 South, and Range 89 West of Garfield County in the State of Colorado. 0176 CR 156, Glenwood Springs, CO. 81601 Said application for this Variance will allow the applicant to build a garage in the ten -foot side yard setback. All persons affected by the proposed Variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meetings, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny this request for a Variance. This Variance application may be viewed at the office of the Planning Department located at the Garfield County Courthouse, 109-8t Street, Suite 303, Glenwood Springs, Colorado, between the hours of 8:30AM and 5:OOPM, Monday through Friday. That public hearing on this application for the above Variance has been set for the 30th day of July, 2001 at the hour of 6:30PM, at the Garfield County Courthouse, 109-8t Street, Suite 303, Glenwood Springs, Colorado. Planning Department Garfield County