HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
0 Sanitation
0 Building
~Planning
109 8th St. Suitc!'103
Glenwood Springs, Colorado 81601
Telephone 303: 94S-82 I 2 / 62S-SS71
N~ .5069
DATE:
I 0 CASH *HECK
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BOA 10/26/89
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:
APPLICANT:
Variance from Section 3.05.06(2)
Lynda White
LOCATION: A parcel of
approximately four
of Glenwood Springs
154.
land located
(4) miles south
at 4812 C.R.
I • VARIANCE REOUEST
The applicant proposes to build an addition to an existing
that would add living area and a garage to the house. The
addition would be 11 feet from the rear lot line.
residence
proposed
Justification of the requested variance from the required 25 foot rear
yard setback is based on steep topography and an existing individual
sewage disposal system. (See enclosed pages 2-,?' )
The proposed addition would minimize the removal of vegetation and
would not affect an adjoining property owner in that the Denver & Rio
Grande Western railroad is the owner of the property adjacent to the
rear lot line.
II. 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.
3.
That proper
required for
Adjustment.
publication
the public
and public notice was provided as
hearing before the Zoning Board of
That the public hearing before the
extensive and complete, that all
submitted and that all interested
hearing.
zoning Board of Adjustment was
facts, matters and issues were
parties were heard at the
III.RECOHMENDATION
APPROVAL, of a variance from Section 3.05.06(2) to allow an eleven
(11) foot variance from the rear yard.
_,_
• • VARIANCE APPLICATION
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
PUrsuant to Section 9.05 of the Garfield county zoning
Resolution -,--.....,.c,:j_+Y'-.,/J,....,~--'tlc.___;M:_'U,_;_Wf.:...:~;=:.------------~--"
(applidant/owners name) ./. )
request(s)
Resolution
a variance to section .:!. OS. /Pb (? of the Garfield county zoning
concerning If~ ~ 5erlf,4d or 2{;/ to permit /// ,(!£/¥! }?:fl?.O
tr/ G /S.o zone district.
SUBMITTAL REl;)UIREMENTS: ·
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 Odnership.
D. Practical description of site -including address.
E. Names and addresses of property owners adjacent to or within 200 ft. of the site
(available through the Assessor's office)
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, or other extraordinary and
exceptional situation 2f. 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): '!hat 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): '!hat such relief may be granted without substantial detriment to the
public g~and without substantially impairing the intent and purpose of the general
plan or this resolution;
9.05.03 (3): '!hat the circwnstances 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 $35 fee must be submitted with the application.
PROCEDURAL REl;)UIREMENTS:
1. submit applications to the Garfield county Department of Building, Sanitation and
Planning no later than the last Friday of the month in order to be included on the
following month's agenda.· Regular meeting of the zoning Board of Adjustment
scheduled on the fourth 'Ihursday of each month.
2. You will receive, from the Planning Department, a "PUblic Notice FOrm" indicating the
time and date of your hearing.
3. Notice by publication (of the public notice form) shall be given once in a newspaper
of general circulation in that portion of the county in which the subject property is
located, at least fifteen (15) days prior to the date of the public hearing, and
proof of publication shall be presented at the hearing by the applicant. Section
9.05.04. (l)
4. Notice by mailing (of the public notice form) shall be sent by certified
return-receipt mail to all owners of all property within two hundred (200) feet of
the subject property at least five (5) days prior to the hearing, and the return
receipts showing receipt of notice shall be presented at the hearing by the
applicant, unless the applicant is able to otherwise show evidence of adequate notice
to such owners. Section 9.05.04.(2)
'Ihe above and attached information is correct and accurate to the best of my knowledge.
(~~of ~and owner)
APPLICANT: Ll:)nc:.lo.-. w~ ;-\11_ PHONE q'-(-5 -<.,?Ce> I
MAILING ADDRESS: 3o?..4 G\g.., l\.v<L
CMNER: PHONE 91~--et. 7(.
(if different from abOve)
MAILING ADDRESS: -,2 -
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CATTLE CREEK OUADl?ANl
COLORADO-GARFIELD CO
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N 73"4:$ocf W 196.16
OLD HIGHWAY 82.
Lynda & George White
4Sl2 countY Road 154
Glenwo0d Springs, CO·
.d. COUNTY ROAD 15 .
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I hereby certify that this improvement location
prepared for LINPA W111nt
certificate was
is not a land survey plat or improvement survey plat,
not to be relied upon for the establishment of fence,
. other future improvement lines.
, that it
and that it is
building, or
I further certify that the improvements on the above described par-
cel on this date, 16 J•...i., 1988 , except utility connections, are '\-H R ~
entirely within the boundaries of the parcel, except as ahown, that ...,\\\ .,,,• // ·
I.'" ··• $ ••• •1 ("' there are no encroachments upon the described premises, except as ~-"'-tlll Ilk/!•'·;
indicated, and that there is no apparent evidence or sign of any "¢l{~ ···,~
easement crossing or burdening any part of> said parcel, except as LS 15710 i ,'r
noted. /L: J. /988 &.~~~ Jr J ~;~~~St·R·r·:.:.-~ • Date 'J~ By 7 ~~ (:' • .,,.,.•yl--· Ot cc,\!J. v Legal Description
A parcel of land situated in Lot 4 of 'section 1, Towship 7 South, Range --::-·
89 West of the Sixth Principal Meridian, lying Northerly of the Northerly
right-of-way line of Old State Highway No. 82, Weste'rly of the Easterly
line of said Lot 4 and Southerly of the Southerly line of the Denver and
Rio Grande Western Railroad (Aspen Branch), more particularly described
as followa1
Beginning at·a point on the Northerly line of said Old State Highway No.
82 whence the Southeast Corner of said Lot 4 in Section 1 bears s.oo•so•
OO"W, 105.28 feet; thence N.73° 43' 00" W. 196.16 feet along the Northerly
line of eaid highway; thence N. 10° 11' OO" E. 126,12 feet; thence s. 71"
24' 00" E. 177 .02 feet to the Easterly line of said Lot 4 of Section 1;
thence S. 00° SO' 00" W. 122,68 feet to the point of beginning, containing
0.52 acrea, more or lesa, -
PE l'ONDlROSA ENGINllRING, INC.
COllfUUIHO INOINllllS ==..,:;:;.....,. "· 1110,.Jllll.0 LANO •UAVf:YO"I
llllflRAN/JArl
""" lld r:111~wooo srn .... o~. r('I '1r.cu (303) P~HS96
/MFVVEAIENr la:::;4r10N C£1?17,c1CA.
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PROVIDE 6'"WIDE BY 6'"DEEP SLOT IN
CONCRETE WALL FOR GLULAM BEAM;:::::=
TOW-107'·
GARAGE
FLOOR SLAB
ELEV.= 100.
PROVIDE 6'"WIDE BY 6'"DEEP SLOT
CONCRETE WALL FOR GLULAM BEAM
EXISllNC BASfMFHT
~o 5-1 /ff' x1 ff' GLULAM
BEAMS 0 11 '-<f O.C.
SCALE: 1/4• = 1'
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NARRATIVE FOR REQUESTED VARIANCE
A rear setback variance is requested for the allowance of a new
addition to the existing residence located at 4812 County Road
154. The addition would consist of a lower level garage and an
upper level living area. The existing residence sets on a
relatively steep slope between Old Highway 82 and the D.& R.G.w.
Railroad right-of-ways;' The home is currently accessed on the
west side by a steep gravel driveway crossing most of the front
side of the lot. The existing structure currently does not have a
garage.
The steep site topography creates a hardship upon the owner by
limiting the areas where a home addition with garage may be
constructed. After considering several options that comply with
the zoning set back requirements, it was determined that
constructing the addition toward the rear of the lot is the only
practical solution, even though it does not comply with the set
back requirements.
We first considered locating the addition to the west side of the
existing house. It was determined that constructing an adequate
vehicle access and a turnaround area was very difficult due to the
site topography. Also, the new driveway alignment area would
eliminate most of the vegetation currently screening the
southwesterly portion of the home from the street and property
owners.
We then reviewed the possibility of constructing the addition to
the east side of the existing house. Again, due to the
limitations created by the site topography, a new driveway would
have to be constructed through the area of the existing septic
system. This driveway alignment would eliminate most of the
vegetation currently screening the home from the street and nearby
property owners.
The proposed rear addition to the existing home would use the
existing driveway alignment. The nature of construction of the
existing building structure would easily allow for an addition to
the rea~. Due to the nature of the existing building's roof
construction and floor plan, an addition can easily be constructed
toward the rear of the lot. The addition would maintain the same
architectural style of the existing home. The rear addition would
be practically unnoticeable from the road, where there would be
very little side yard.vegetation disturbance.
This variance would allow a practical home addition without
creating a difficult access problem, or an eye sore or other
adverse effects to the surrounding lots.
-9-
.. ~
•
•
PROOF OF PlJBLICATION
GLENWOOD POSI
STATE OF COWRADO, }
COUNTY OF GARFIELD.
SS. N~ 21359
I, ............... RQ!;IERT. ... L .•.... .KRE.C.KL.QW ............. ~ ............. do solemnly
swear that I am ................. .r.P.f!:Y.ll?.H.:i:<!:L .................................... of the
GLENWOOD POST; that the same is a newspaper printed, in whole
or in part. and published in the County of Garfield, State of Colo-
rado and has a general circulation therein; that said newspaper has
been published continuously and uninterruptedly in said County of
Garfield for a period of more than fifty-t\vo consecutive weeks next
prior to the first publication of the annexed legal notice or advertise-
ment; that said newspaper has been admitted to the United States
mails as second-class matter under the provisions of the Act of
March 3, 1879, or any amendments thereof. and that said newspaper
is a newspaper duly qualified for publishing legal notices and ad-
vertisements within the meaning of the la\YS of the State of
Colorado.
That the annexed legal notice or advertisement was published in
the regular and entire issue of every number of said newspaper for
the period of ...... J. ....... consecutive insertions; and that the first pub-
lication of said notice was in the issue of said newspaper dated
.Qc.tob.er .... 1.1.., ...... A.D., 19 ... 8.9 .... , and the last publication of said
notice was in the issue of said newspaper dated O:=.t .•.... 1.1.. .. .A.D ..
19.(l.9. ...... .
In witness whereof I have hereunto set my hand this .. .1..1.th ...... .
········;t?;··-,..,..········-;;~~;;;;r-··'····~··'-................................ . )7 General Ma~-I Publisher
Subscribed and <worn to before me, a notary public in and for the
County of Garfield, State of Colorado. this ........... ..1 . .1.t.h ............... day
of ................ .9.c;:.!:?..!?.~E ....................... A.O., 19.?..9....... // ~
(SEAL) ········~~~~~······
... My Commission Expires ...... My.nimmisslon.expir.es.July..27.,.l$!93 •....
2014 Grand Ave., Glenwood Springs, CO. 81601
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UNITED STATES POS.ERVICE
OFFICIAL ausB
SENDER INSTRUCTIONS
Print your Mme, eddre11 end ZIP Code
In the epece below.
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7. Date of Delivery
PS Form 3811, Apr. 1989
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DOMESTIC RETURN RECEIPT
and complete items • SENDER: Co-items 1 and 2 when additional services ere des
3 end 4.
Put your address in RETURN TO" Space on the reverse side. Failure to will prevent this card
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~~~~~~~~~~~-----------------
• GARFIELD COUNTY • DEPARTMENT OF BUILDING SANITATION AND PLANNING
october 10, 1989
Lynda White
3024 Glen Avenue
Glenwood Springs, co 81601
Dear Ms. White:
Your application for variance to allow conalruction of an addition and
garage within the required rear yard setback on your property located at
4812 C.R. 154 has been scheduled for a public hearing be~ore the zoning
Board of Adjustment on October 26, 1989, at 3130 P.M., in Suite 302,
Garfield County Courthouse, 109 8th St,, Glenwood Springs, CO. It is
suggested that you be present or represented at the hearing.
A copy of the enclosed public notice form has been submitted to the
Glenwood Post for publication one time 15 days prior to the hearing. You
should contact the Post 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 ft. of your property no less than 5 days prior to the hearing. All
mailings should be completed no later than October 20th, to ensure
compliance. The proof of publication from the Glenwood Post, certificates
of mailing and return-receipts from the mailings must be submitted by the
applicant at, or prior to, the public hearing.
In addition, it is requested that the enclosed notice poster be posted on
your lot, visible from a public right-of-way. Please contact this office,
if you have any further questions regarding your application or the public
hearing,
Mark L. Bean, Director
Building, Sanitation and Planning
MLB/emh
encl.
109 BTH STREET, SUITE 303 945·8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601
---,,--;~;;~:-;·-..
•• •
PUBLIC NOTICE
Take Notic~ that Lynda White 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 Exhibit A, attached
Practical Description (location with respect to highway, County
roads and residences): A parcel located approximately four (4)
miles south of Glenwood Springs at 4812 County Road 154.
Said Variance application is to allow the Petitioners to construct
an addition including garage within the rear yard setback, due to
exceptional topographic condition of the parcel.
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 cannot
appear personally at such hearing, then you are urged to state your
views by letter, j>articularly if you have objections to such Variance
application request, as the Zoning Board of Adjustment will give con-
sideration to the comments of surrounding property owners and others
affected in deciding whether to grant or deny the request for the
Variance. This Variance application may be reviewed at the office of
the Planning Department located at 109 8th Street, Suite 303, Garfield
County Courthouse, Glenwood Springs, Colorado between the hours of
8:00 A.M. and 5:00 P.M., Monday through Friday.
That public hearirig on the application for the above Variance application
has been set for the 26th day of October, 1989, at the hour of 3:30 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
• • •
EXHIBIT A
Legal Description
A parcel of lana situated in Lot 4 of 'section 1, Township 7 South, Range
89 West of the Sixth Principal Meridian, lying Northerly of the Northerly
right-of-way line of Old State Highway No, 82, Westedy of the Easterly
line of said Lot 4 a~d Southerly of the Southerly line of the Denver and
Rio Grande Western Railroad (Aspen Branch), more particularly described
as follows:
Beginning at· a point on the Northerly line of said Old State Highway No,
82 whence the Southeast Corner of said Lot 4 in Section 1 bear& s.oo•so•
OO"W. 105.28 feet; thence N.73" 43' OO" w. 196.16 feet along the Northerly
line of aaid highway; thence N. 10° 11' 00" E, 126.12 feet; thence s. 71"
24' 00" E. 177.02 feet to the Easterly line of said Lot 4 of Section l;
thence s. oo• so• 00" w. 122 ,68 feet to the point of beginning, containing
0,52 scraa, •ore or lass.
u~-~ ~ -~ THIS DEED, Made this day of
' '· ,, RECORDER'S STAMP
~ ~ 19, , between DENNIS R. CRULL AND PENNY K. CRULL I
:1 71·1 P~GE9G7
-~ ~ fl
Doc Fee
$9.50
oUJte County of ~'lt~J°fhe first part, and
Jackson
GEORGE I. WHITE AND LYNDA K. WHITE
whose legal address ls 4812 County Road 154
Glenwood Springs, Colorado
and State of
81601
GARFIELD
JUN 2 6 1987
State Doo; Fee
$ 9.~
of the County of Garfield and State of Colorado, of the second part:
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' WITNESSETH, that the said parties of the rirst part, for and in consideration of the sum of
TEN DOLLARS ($10,00) and other valuable consideration II DOLLARS, ii
to the 1ald part ies of the flr1t part In hand paid by the anld pat'tlesofthe 11econd part, the receipt whereof la hereby
confe11ed and acknowledged, have gtanted, bargained, Ibid and conveyed, and by theae pre1ent1 do
sratit.1 bai'aaln, lell, convey and confirm unto the said parttea of the second pi.rt, their heirs and asalgn1 forever, not in
tenant)' In common but In Joint tenanc)'1 all the tollowlng dest'rlbed lot or parcel of land, situate, lying and being in
the County of GARFIELD and State of Colorado, to wit:
See Exhibit "A" attached hereto and incorporated herein by this reference
also known as street and number
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4812 County Road 154, Glenwood Springs, CO 81601 I:
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise I II
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
eRtate, right, title, interest, claim and den•and whateoever of the said parties of the first part, either in law or I!
equity, of, in and to the above bargained premises, with the heredltaments and appurtenances. j i
TO HAVE AND TO HOLD the said premises above bargained and described, with the a~purtenances, unto the JI!,
said parties of the second part, their heirs and assigns forever. And the said parties of the first part, for them
sel Ve fl their heirs, executors, and adn1inistrators do covenant, grant, bargain and agree to and with the
said parties of the second ,>art, their heirs and assigns, that at the tln1e of the ensealing and delivery of these 11
presents they arwell aelzed of the premises above conveyed, as of good, sure, perfect, absolute and lndefea1dble
estate of Inheritance, In law, In fee simple, and ha ve good right, full power and lawful authority to grant, bargain,
aell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessment JLnd encumbrances of whatever kind or nature soever.
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and the above bargained premises In the quiet and peaceable possession of the said parties of the second part, their 1'
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part ther'eof,
the said part ofthe first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the firs\ part have and
aealS the day and year first above written.
Signed, Sealed and Delivered in the Presen~e of d--w•~=,..r.;:..,-;<-:::--n-::7.S:::-ll.-.rr.:!~ 3f t LJ
~~nno enny K. c?aftLJ II
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STATE OF COLORADO
~---Countyor GARFIELD
The foregoing Instrument was acknowledged before me this day of
19 ,by Tom H. Connolly as attorney in fact for Dennis R. Crull and
... ·To.I)) H. Connolly as attorney in fact for Penny K. Crull
Jdy Aom_111t81lon ex11lre1 , 19 . Witness my hand and official seal.
·. ,;.. .. :~;<:'.:' §'-/l-9/ Ck.Ji..,,: .<ZLJ _ ~ .. "'(·~· .~·... ---;;e~~)
, . • -, l .• . Not•ry rubli<' .
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-• • •• ·-·· + -1466 7 1·•·' ·.:.
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ADJACENT PROPERTY OWNERS WITHIN 200 FEET
Darrell R. & Eva Fitzwater
P.O. Box 1150
Carbondale, CO 81623
M. Michael Balcom
P.O. Drawer 790
Glenwood Springs, CO 81602
Theodore R. & Ellen J. Gaugler
P.O. Box 71
Glenwood Springs, CO 81602
Carver, Merle w. Life Estate
8339 Fox Fire Drive
Orangevale, CA 95662
Fron Mountain Condo Association
Suite C-lA, Village Plaza
Glenwood Springs, CO 81601
Denver Rio Grande Western Railroad
P.O. Box 5482
Denver, CO 80217
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