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HomeMy WebLinkAbout1.0 Application------- ------------------- - --------------------~~--------~-------~-------·-------I i ···-·····-·-·-····· 1 •. ~'.. __ ()_~~~GUT __ .. # I~.~ .. - ~~~---_--· "Af-Uii-:;J·-·· /J~.t'e#r . · '.'. a,~i_._ _IL_rau.e_~_ .X __ _ ---. . . ;, ffe£JJu; /fHy~t/#.P _y' __ .. !f ~/JJ!)/ ~£?(;) .. x ... "~. ~.A-!.~~;UA/. -·· y . -----.. -I~ Jbe._ t21.&&A/f#_ X ... SrAFP Hrr..u::. {?E-4/ ·--- . )lf/P4W j4~1(_ ········~···· ii ~~~~~ E£ ~··· ' -. .. ·-:: -~;L;;;;;;;;. . --. ----. . -. . . ·-·-- i: ····· __ Cl_~ ___ A ->1;: ---·-·-----·-·· .. '£ -'.;/ --. IL i:it~-k _ :1. __ ./!~----~-~-.~~~Adi_ .;~1,,_ro ------.!: ·tf:-----... ···· ... ~Jfts'--.----~'.--.--'.-.--L~c11~ ·--. ·'······----- ------. ... I· --~z-~-------. ---. ---1%.L -~---. -······ -. I . I• ~@!~~;,_:, ~rt~ ,_v/ . r! . .. -~. . ... ---··· .. if . .... . .. -. .. . ;··· ·-ra,~~--~········-···············-· ··~ ~---: . . ···. 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'' i ! ti ! i L 'I ,l,•1 -__ J~:-~ . -.................................. ••*• ........ ·------....:. & •:-. ..... -................... a::a ............................ _.. ................ -•• -.-.... -.............. ........................ ..__.._...._ ... -..._.-....&.»....=. '1 'I !i " ' :f : ,, " ,' ' I 1'1 1j I: 11 jl ii ,, I I I i I I I I " ,I ' i1 1: II !i :) I 11 " Ii I' I! Ii :' :I " 1, il 1 I: I! I !I May 21, 1991 Jasjit Grewal GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL 878 King's Row Avenue Carbondale, CO 81623 RE: Garage Structure Dear Mr. Grewal: It has been brought to our attention that the garage structure, which was the subject of a denied variance request in September 1990, is still being used as a garage. It appears that the structure was never adequately deconunissioned after the variance was denied. Part of the responsibility may be ours, since we may not have adequately directed you on how to eliminate the structure. However, in an effort to set the record straight, I have the following conunents on how to eliminate the violation. In order to eliminate the use of the "building," it will be necessary to remove the roof system. Without the roof the building would not be an enclosure, merely a retaining wall. This solution is acceptable to both the Building and Planning Departments. Please call our office upon removal of the roof system, and we will come out and document the wall. Thanks for your cooperation in this matter. Sincerely, ~c~~ Andrew C. McGregor Planner ACM/rlb 109 BTH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 . ··:I' • • BOA 7/26/90 PROJECT INFORMATION AND STAFF COMMENTS PROJECT1 APPLICANT: LOCATION: SITE DATA: ACCESS1 EXISTING AND ADJACENT ZONING1 For variance from Section 3.02.06 (Minimum setbacks - A/R/RD District) to allow a detached garage in the front setback area. Jasjit Grewal Lot 38, Kings Row Subdivision; located 5 miles northeast of Carbondale on King's Row Road. The site consists of 3.41 acre lot. Existing drive off of King's Row Road. A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District B -Subdivisions with Center Water and Individual Sewer -Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the south side of King's Row Rd. and has approximately 150 feet of frontage. The property slopes downward from the road at approximately 12% to 15%. Native vegetation consists primarily of sage. The property is underlain with shallow basalt requiring extensive excavating and/or blasting. The only completed building is the residence which runs parallel to the road approximately 50 feet deep on the lot. A partially completed garage, the subject of this request, is located between the residence and the roadway. The garage, partially recessed into the slope, consists of a combination of concrete and timber walls. The concrete slab floor is currently plumbed for solar heating. The single peak roof will extend approx- imately six feet above the uphill grade and will be constructed of painted metal. The garage is located six feet, at it closest point, to the front property line. (See enclosed sketch on Page~_) B. Background: In May 1986, the applicant requested and was granted a building permit. In 1987, construction on the garage was commenced. In November 1987, an inspection of the footing and foundation was conducted. At this time, the applicant indicated that the required setbacks, 25 feet front and 10 feet sides, were met or exceeded. Since that time, work has progressed slowly until this year when construction was resumed. During June of this year, enforcement staff visited the site in response to inquiries from neighbors. At that time, staff determined that a possible setback violation existed. • • III. MAJOR ISSUES AND CONCERNS 1) 2) 3) 4) 5) 6) Section 3.02.06 of the zoning Resolution (Minimum Setbacks-AIR/RD District) specifies a front yard setback from local streets of 50 feet from the street centerline or 25 feet from front lot line, whichever is greater. The partially completed garage is located roughly 6 feet from the front property line at its closest point. The degree of encroachment decreases as the road right-of-way curves to the northeast. Approximately 50% of the build- ing is located within the front setback area. The applicant has stated that the problem arose from a misunderstanding of the regulations. The applicant measured the setback from the edge of the pavement instead of the property line. The applicant (or applicant's son) was under the misconception that the roadway and road right-of-way were synonymous. In addition to the front setback encroachment, there is also an encroachment into the required 10 foot side yard or onto the adjacent lot. The applicant is the owner of the adjacent parcel. However, the applicant is in the process of preparing an amended final plat to adjust the location of the lot lines. Strict enforcement of the setback regulations would require removal of the offending portion of the building. The remaining portion of the building would be limited in utility as a garage. Section 9. 05. 03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: (A) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (B) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (C) That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (D) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. • • V. RECOMMENDATION It appears that the applicant may not be able to meet all the required criteria for approval of a Variance. The Variance may be the minimum necessary and may not cause any public detriment. While the location of the garage appears to be a simple unintentional mistake and non-malicious, it is a self-imposed hardship and not the result of general conditions in the area. Therefore, staff cannot support this request and recommends DENIAL. • ., ·\ ) ~~ \I\ ~ $01 ..--o l I L. -Cf" • ~ -0 {) ~ ~ t '" ' }, . ·• ; ': : ~:· ·. . ' '· .. ·. ·:" •"' .. · ) \.:.:,·_,,. / ' ) ~ ~{;.P. -~ 1-IC ~ \ \J\ N ~ • ~ ' \ ... ' --------------,-7 ~-------- 1,.1( .... ,-r ~ _.,,. __ ----,,..----.....----------..... Ii, ~ "'""~ li1 i ]=~~---------. 1ft11 ... rlL~---~°"" .. oF P..t,.J t..~ ~-·-~~ . *~ ~ • l">:!'.rJ_: ____ -~-rf. ~'ccli!ll~!~ '.:" iAvit-:;. 12....:> 'HnJ ... N-,, !rl(..H ,.,_1\"'.'t-_.:: ___ le..i:ld:""l -f~5--.... f--,tcC""'~---_;,., ...... L"Jrsf_ I' ~ IC. l~'I( If I 1l1 f".~ __ :'._. _ . k.e.-~W-_ _ le;fj~ . -h;. . -~«-::'. 1, i~t-11'1>1'.i:_~-------~"'~ -~-~Wilo,...d 1d\u-. w.J.l-!>itl:.~_c) 4,nel".Q.~ · ______ _ ! i _) :f~H•t"!'.'.">T'.f ...... .l~c.,,-__ Fr~_~:~-ll~_1.:.-~ .. t1,~ !f~"'·~·r~-~---·· .f~..f-~~~--~~ ----.. ii ' -·--------·-·-----------,,,,,,, .. , ·····--···--· ···----. . i ___ ---------~kd:;CM ... ~ ~J_:e4/,M ______ _ -:fi'd-~-~ .,~·~s _:±e. -~-~·F - .. ;; '' -~&~ .. tH.'1;6;i-~ ·······'1--.. . . -.. ' i)""-_ULI{-~~:td . ..-,f~~/lte1·)•~ _____ _ 1:: E:t< <k) I _ _ rj,.f. ____ _ ,, ,;e,)I, <?>}:! ___ :: ___ ~t~~ti . --<!f'--~· ·l ~~ l'-12._ ~--__ --"'-.... J.;(/ ~ -~s_f ___ t:f __r_, f..,_,,.,_,k~l;"""J .. fr-'·· _e;I :rc.JJ Gacnk. :j~ <.?)v __ -:-_ ..... f!gy.4'4.f __ ~ erec.-lr""" . 11--f~ ::~'((") '1. .. --- .. M-_ -~:~:"J fz~j:l~r~ ·· _____ -- :J~{~./-__ C,r~. -- ~"wd ___ v_/d_~ --~ . t· ,, ~ i ;, :i ·, ,j Ii ·t I -I:: .Mon~--~ f)ui,·cJ - 2 Jb _ ---· ---~ i0A1/&;0 tf?~ P~E/J/r ~z?/?t:? -. \ ' If' i: 11 11· .,. ,, , .. GARFIELD COUNTY BUILDING. SANITATION 8c PLANNING GARFIELD COUNTY COURTHOUSE 109 8TH STREET SUITE 303 GLENWOOD SPRINGS. COLORADO 81601 • ~l<Ht©fr G • .. , ~'· ~ . . ··-- v . .., ... _ ~ +;,·~~~ ~~~££. { ' ' ~ :\2~ '~ ~ .:l;it" '-.!,'•" -.-... ...........:. ..... GARFIELD COUNTY BUILDING, SANITATION 8: PLANNING GARFIELD COUN"TY COURTHOUSE 109 8TH STREET SUITE 303 GLENWOOD SPRINGS. COLORADO 81601 • ~tt~rr A- • -=---" ' !• t ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ! ' ' ie ! ! ' • • r-1,.,..---,~..,, ·~ l OJ'<;'>' I r-.o -, ·~'" ,., (;:' ""~ n " ,~~·~~:i...~-~~· :__,_·_:~ I~ ! ~ r: i( ·l ~; f; P SEP211000 ;·:ii q' ._,..., J~' .'.:--· ---' . _jc:::J GARFiE.LD COUNTY PIJl!UC NO'l1CE TAKE NOTICE-...... S. -,_ -to .. ____ ....... _ d Cobraclo. ~ .......... CICJf'll9Cllon ... .. ~---.......... .. Gil' f' '":*'d~~-'. "'°" °'*'''"'" ut-. --r:a.o-._1 -.--.·-.;;~.,, ..-~=---.. high- I._, ____ ,,,._ .. I ~ 17&1Qngl,.,. Oft·_N IOUlt'tildl d 1te ~Jllllldl •. ..., f.S--. ~of ~--o11_CA->mi-~-8 --. "" ., .. ,,. ..:...e:~-':':'"-=, • Id ~ .. ::..iQ;r.l•--;! -'l>f-;. . ........... .. __ __. ......... _ =w.i·t:i .. -·:. .:""" ...... ;., .. . CIM'llra_.e-Olher ..... - . ''° 'D*lf dr dinJ: ...... -· __ .,,....._ be .......,, ..... omc. .... Plw•••·-o.i:-tnw4 =':;":""'"",a;-·~~...:=: """"ct'llOllO IOl..a-HL. --Friday. . -' ... ___ ,.__ ... __ fof11'9.~-~.-'. ,.UIOO,.. ,.. .... -"' 3:30;P.M.. 11 flo; . ---ol-· .-.GorWieou;.,O>lil ----....... ......__..,..._, .. , .. ., ;'!(I; .. -.--"~, ·:;~ -__ \.'.:: ~~ ' , . . .. ~ ...... ~ ~ ~~~~ . Nlllihed ~ 11;1990 kt theGtenwood Poet. PllOOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. SS. t::~H ue. rr A N2 22389 / / \ ROBERT L. KRECKLOW I, ...................................................................................................... do solemnly swear that I am .................... I?.UBL.ISHER.................................... 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\VS 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 ... ~ ........... consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated .S..~P..t~!!!.l?.~!. .... J.1 .. 1..A.D., 19 .. ~.9 .... , and the last publication of said notice was in the issue of said newspaper dated Sep.t ...... l.1. . .A.D., 19 ... 9. .. Q .... In witness whereof I have hereunto set my hand this ..... 1..1.th .... day of ............ ~ ......... ept.e.m1>1.e . .i: ... M· 19 ... ~ .M.L .. ~~~---···-·------~ General Manager I Publis: Subscribed and s rn to before me, a notary ~the County of Garfield, State of Colorado. this ............ } .......................... day of ..................... i?.gpJ;g.m!;lg_1;' ........ ~. 19 .. :5HL / / ~ (SEAL) .. du.0.:?.~4(~Ji~ ...... .. My Commission Expires '-. .. '..~ ... .' ... : .... 1'!:L~ .. ¥J .. !?..~ .. P., ... !.~: ......... .. 2014 Grand Ave., Glenwood Springs, CO. 81601 p 854 146 270 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered p 851.f 11.fb 2b8 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAil (See Reverse) Certified Fee Special Delivery Fee Restricted Delivery Fee § p 854 146 2b9 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTEl1NATIONAL MAIL (See Reverse) Special Delivery Fee Restr1cled Delivery Fee i 1--.....W.-~.....-.<~=~ J ~ p 854 146 267 RECEIPT FOR CERTIFIEO MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Dale Delivered p 854 146 2b5 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNAHONAt MAIL (See Reverse) Special Delivery Fee Res!rtc!ed Delivery Fee Ae!urn Receipt showing lo whom and Dale Ocl1vered c ., P 854 14b ebb RECEIPT FOR CERTIFIEO MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Special Delivery Fee Res!ncted Delivery Fee Return Receipt showing lo whom and Date Delivered Return Receipt show•~ J.Q whom. Dale, and Add e ~ pr11 ~ p 854 146 2b4 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Restricted Delivery Fee Return Receipt showing 10 whom and Dal(l p_e.l~v:rnd TOT AL Post. e and ~.ees S, " I Poslmark or oafo ' ! fr ---------------- • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and he ate of deliver . For add1t1onal fees. theollowmg services are available. Consult postmaster for fees an c ec ox es or additional servicelsl requestea. 1. 0 Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. rticle Add,,,~e~ tp: ~ 114 J ~ c:/..M-<f-y(.,U.i.£., ~~ tf.!! 'P'~qj -/} (>~uu;µ..Q~ 7. Date of Del~J.:p l J l9SQ PS Form 3811, AP'· 1989 * U.S.G.P.O. 1989·238-815 Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requesled and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 end 2 when additional services are desired, end complete items 3 end 4. Put your 11ddress in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the ocrson delivered to and th~ d~te of deliverl For add1t1onal fees the ollow1ng services are available. ConsUlt postmaster for fees en c eek box(esl or additional servicefs) requested. 1. 0 Show to whom delivered, date, end addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 6. Signature -Addressee x 6. Si~e~ j( ~ 7. Date of De~rr .~' i'.J J PS Form 3811, Ap<. 1989 * U.S.G.P.O. 11189-238-815 Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and th~d~te ~f deliverl For add1t1onal fees the ollowtng services are available. Consult postmaster for TeeS an c ec box!esl or additional service{s) requested. 1. D Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery PS Form 3811, Apr. 1989 (Extra charge) (Extra charge) • U.S.G.P.O. 1989-238-815 Type of Service: D Registered llf' Certified 1:J Express Mail D Insured D COD rU' Return Receipt Y'il for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee '-;Yill provide you the name of the person delivered to and the date of deliverv. For additional fees the1ollow1ng services are available. Consult postmaster for fees and check box(es) for additional service(s) requested. 1. 0 Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) ~;;_~=~ {:> A'sifumber ::2/o7 ,,...,,,,.... ~, ·,.,, ,.)? , ~~ Type of Service: l.,..r'f<._,/;;? n...u: """-l.---. D Registered 0 Insured ~~(Jo ?jJ({););j !lllcertifled . ~~~~'"Receipt 5. x 6. Signature x PS Form 3811 , Apr. 1989 1:::J Express Mail ~ for Merchandise t--~~~~~--'--""--""'""""""""'-~ •U.S.O.P.O. 1888-238-815 Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date ~f delivery. For addrt1onal fees the following services are available. Consult postmaster for fees and chec box(es) for additional service(s) requested. l. 0 Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery 5. Signature -Addressee x 6. x 7. PS Form 3811, Ap<. 1989 (Extra charge) (Extra charge) 0 "'U.S.G.P.O. 1989·238·8Hi D Insured D coo Retvrn Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, end complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the oerson delivered to and th~date of deliverv. For add1t1onal fees the allowing services are available. ConsUlt postmaster for fees end check box/es) for additional service(s) requested. 1. D Show to whom c;Lelivered, date, and addressee's address. 2. 0 Restricted Deiivery \• f'(Extra charge) (Extra charge) 5. x 6. Signature -Agent x 7. ate of Delivery"? ( O( Cj;:) PS Form 3811, Apr. 1989 * U.S.G.P.O. 1989·238·815 Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIP' • SENDER: Complete items 1 and 2 when additional services are desire , and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and the date of deliver . For add1t1onal fees the ollowmg services are available. Consult postmaster for fees an c ec ox es ot additional service(s) requested. 1. 0 Show to w oi"n delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) 5. Sig x 6. x 7. Date of Delivery PS Form 3811, Apr. 1989 (Extra charge) 0 Insured 0 coo Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • I • • GARFIELD COUNTY APPLICATION FOR BUILDING PERMIT PERMIT NUMBER Zi5~ DATE A ffl t;, g(. I please print or type I I SUBDIVISION'__Jc::J.l!!Qi!..~~~..-------- FILING #____ -..L..><---BWCK H TAX SCHEDULE # LEGAL (SEC/TWN/RNGJ NAME S HAILING ADDRESS A1PfN NAHE -------'ILJ!Lt:~r.!.A~.!c.J~----- DDRESS --------------- .ITY -----------------PHONE LICENSE /i CLASS OF WORK Tit ALTBRATION ADDITION --- CllOLISH REPAIR HOVE ----- fOBILE HONE (make/model) ----------- 0.f'. OF BUILDING {,;~ 'tr.f!S.F. OF LOT l1S£Jt'_,. OF FLOORS I_ HEIGHT 11/-0" • Cl' FAMILY UNITS /! OF BEDROOMS 0 71ff:NDED USE OF BUILDIIJG ----------- .:I/RAGE: SINGLE_ DBL_V_, CARPORT: SINGLE_ DBL TREPLACB DOCUMENTS·A'lTACllED arBR SUPPLY -----------'------ IUVEft'AY PERNIT~-------------- ~ PLAN / ltiLDING PLANS _ __:,\/ ___________ _ •ITARY SBflER CLEARANCE ----------- • SITE SEfiAGE DISPOSAL PBRNI'l' __ .;..;.;.. ____ _ WER DOCUllENTS (specify)·_--------- PLOT PLAN NOTE1 Show easements, property line dimensions. all other structures, specify north, and street name. For odd shaped lots, or lf space is too small, pz-ovide separate plot plan. # OF BUILDINGS NOW ON PARCEL __,, ______ _ USE OF BUILDINGS NOW ON PARCEL ------- FRONT PJU)PBRTY LINE S'J'REE'l' NAHE/ROAD NUllBD .. ; .·t/"'1 fe#} CHECK IF CORNER UYl' =.,....__._...,..,,_,.,.,._,....,""..-- DESCRIP'J'ION OF M>RK PLANNBD mm IJQ:&. I hereby acknottledge t:h4t I flan read .. thts application an~ the .aboNoi.'correct.;Utf. x'· agree to comply w1 th all .'1ountf ordinanoes. and !ifitZt!fWM:'lding oons~ct1on SIGN A FOR OFFICE USE ONLY VE OF CONSTRUCTION ~l..J(fY<~'--------,-,.,..-.,.-- ..1'. OF BUILDING t',,t.,d(J 41'. HEIGHT fbC!/il ROAD CLASS. 'f:FtlACKS FR?M PROPERTY LI NE: FRONT 1 'fJIR /&/) f-RIGHT ( '.( 1.+_. LEFT f1.(J ./' 1F STREET PARKING SPACES REQUIRED _ _,_N'._Lk,__ __ _ FUJOD HAZARn --------------- CERTIFIED BLDG EIEVATION --------- SPECIAL CONDITIONS ------------ PROBLBHS WITH PERHI'l' ------------ ADDITIONAL INFORMATION NEEDED -------- CERTIFIED BY COLORADO REGISTERED LAND SURVEYOR OR ENGINEER ---------------~ APPROVED'--------------:'.":".==-- PLANNING DEPARTMENT DATE , -~ ... _ •. ~· ,.~.· _ ................. ,.... . ............. ~~ ..... ,.,, ,. . ....... _j·:.·.'•'·"•::-·~.": ·:.··:·;·.·m:'.J·-~ .. ·~ •. llSPECTIOI Will IOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB 24 HOURS NOTICE REQUIRED FOR INSPECTIONS ' BUILDING PERKIT ' ~~ELD COUNTY, COLO~ADO Date Issued ...... ./.~... . . Zoned Area .................... : ................... Permit No.~ ......... . AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Ins t ATEL VOID, . --Use ---------111• Address or Legal Description ~ t'J~o (:,: 110l.) •(A.~~ Owner Setbacks Front Rear t This Card Must Be Posted So It Is Plainly Visible From the Street Until Final Inspection. INSPECTION RECORD Zoning Roof Covering Footing~ ftQ\..-Electric-Final (by ST ATE inspector) , Foundation/ t>k I{) /?8/ 9""1 @A Plumbing-Underground . ,,. Gas Piping Heating Ventilation Frame Insulation Plumbing-Rough Drywall Electric-Rough (by ST A TE inspector) Final ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. THIS PERMIT IS NOT TRANSFERABLE Phone 945-8212 100 8th Street, County Courthouse, Glenwood Springs, Colo. APPROVED DONOTDESTROYTHJSCARD Date~b~ ByfJ.\;:{\\Qlff ~\ {'..) IF PLACED OUTSIDE -COVER WITH CLEAR PLASTIC ~ ...., ~~" ~.i ;;;;;;.-:;;111- -·· --~~' _, .. ~ .. • • \ r l'}l'lilo-~ K~~ • • DATE JC -'lC . THANK • El Jebel Concrete P.O. Box 105 El Jebel, Colorado 81628 (303) 963·2134 DESCRIPTl9N CHARGE • STATEMENT CREDIT BALANCE .. PREVIOUS BALANCE BROUGHT FORWARD -f11';7 . D~' .. ·-~AA .0. -· )lf,,.I .., '7-1~-0 ~ ,_ ooA 0 ' R.. .fl ~ .n 0 I -• l ) .L -·& • g " A .., ., -. II. /)_ .v. D.. • v - K".0 _.JJ~O ~ L"'\ ... ~ " ' . .. I I -- YOU FOR YOUR BUSINESS PLEASE PAY THIS ·--~--- . . ~!!J. ~/I. P" I •·.·· )Y·, ;~,:~·':'··': f .. .·.)· ' ' • ·':;1 ~~h61~ 1'·~.(', ~ :/~.:~!,·'< ' " ' (., . .• ,.,. ~~ " ' • .. . . . --1.7.'Ao. ~{'-. \·~~~···· :~i ... . ' '• .. '.;•' \, ,'.11 .·;..:; . .r.-. ~;.:~. -~·l'··· .. .-~, i,i .,9 t ;--,/ ·' '' ~ I . ·:·· ;: . f~ . .-·""·-'>.::. '::)!··. .,; "l~;1.· il' . / '~ '. AMOUNT ... 1 / __ ") 5. (}/ ~ ··:-: .i : ' . ' •,. • • ~')( H t ~ 1.,-- ,rr==================~~ofoaa'===================~ Cff<-e_e..-/11\)~ ~o~ t-+~es,. i3c x > N ls Lt L(i'.'..~WC:-u~ 9~1-6_!_§_1 Ge. CZ'l'f tS- PROPOSAL SUBMITTED TO: We hereby submit specifications and estimates for: We hereby propo1e to furnish labor and materials-complete in accordance with the above specifications, for the sum of: 1-------------------------------dollars <• / Cl ~<:J (!!) ) with payment to be made as follows: alteration or deviation from above specifications involving extra costs, will be executed only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. NOTE: This proposal may be withdrawn by us if not accepted within dcufilanu o/ g'J,,ojto6al The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date Signature TO: FROM: DATE: RE: • GARFIELD COUNTY PLANNING DEPARTMENT MEMORANDUM • Garfield County Board of Adjustment Members/Interested Parties. Andrew McGregor, Planner September 19, 1990 September 27, 1990 Meeting Our next meeting is scheduled for this September 27th at 3:30 P.M. Please find enclosed an agenda and staff comments for your review. PLEASE contact our office to verify your attendance in order to determine if we will have a quorum. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 1) 2) 3) 4) • GARFIELD COUNTY PLANNING DEPARTMENT AGENDA • GARFIELD COUNTY BOARD OF ADJUSTMENT Meeting of September 27, 1990 Suite 302, Garfield County Courthouse 3:30 P.M. Call meeting to order Roll Call Variance from Section 3.02.06 (Minimum Setbacks -A/R/RD District) to allow a detached garage in the front setback area. Applicant: Location: Adjournment Jasjit Grewal Lot 38, King's Row Subdivision; located 5 miles northwest of Carbondale on King's Row Road. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 BOA 9/27 /90 PROJECT INFORMATION AND STAFF COMMENTS PROJECT: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING AND ADJACENT ZONING: For Variance from Section 3.02.06 (Minimum setbacks ~ A/R/RD District) to allow a detached garage in the front setback area. Jasjit Grewal Lot 38, Kings Row Subdivision1 located 5 miles northeast of Carbondale on King's Row Road. The site consists of 3.41 acre lot. Existing drive off of King's Row Road. A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District B -Subdivisions with Center Water and Individual Sewer -Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the south side of King's Row Rd. and has approximately 150 feet of frontage. The property slopes downward from the road at approximately 12% to 15%. Native vegetation consists primarily of sage. The property is underlain with shallow basalt requiring extensive excavating and/or blasting. The only completed building is the residence which runs parallel to the road approximately 50 feet deep on the lot. A partially completed garage, the subject of this request, is located between the residence and the roadway. The garage, partially recessed into the slope, consists of a combination of concrete and timber walls. The concrete slab floor is currently plumbed for solar heating. The single peak roof will extend approx- imately six feet above the uphill grade and will be constructed of painted metal. The garage is located six feet, at it closest point, to the front property line. (See enclosed sketch on Page __ ) B. Background: In May 1986, the applicant requested and was granted a building permit. In 1987, construction on the garage was commenced. In November 1987, an inspection of the footing and foundation was conducted. At this time, the applicant indicated that the required setbacks, 25 feet front and 10 feet sides, were met or exceeded. Since that time, work has progressed slowly until this year when construction was resumed. During June of this year, enforcement staff visited the site in response to inquiries from neighbors. At that time, staff determined that a possible setback violation existed. ------------- I ~ I I I I I -, . ' v •,, (.~I ::: .. ')· III. MAJOR ISSUES AND CONCERNS 1) 2) 3) 4) 5) 6) Section 3.02.06 of the zoning Resolution (Minimum Setbacks-AIR/RD District) specifies a front yard setback from local streets of 50 feet from the street centerline or 25 feet from front lot line, whichever is greater. The partially completed garage is located roughly 6 feet from the front property line at its closest point. The degree of encroachment decreases as the road right-of-way curves to the northeast. Approximately 50% of the build- ing is located within the front setback area. The applicant has stated that the problem arose from a misunderstanding of the regulations. The applicant measured the setback from the edge of the pavement instead of the property line. The applicant (or applicant's son) was under the misconception that the roadway and road right-of-way were synonymous. In addition to the front setback encroachment, there is also an encroachment into the required 10 foot side yard or onto the adjacent lot. The applicant is the owner of the adjacent parcel. However, the applicant is in the process of preparing an amended final plat to adjust the location of the lot lines. Strict enforcement of the setback regulations would require removal of the offending portion of the building. The remaining portion of the building would be limited in utility as a garage. Section 9. 05. 03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: (A) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said propertyi (B) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolutioni (C) That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically correctedi (D) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. , 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. • V. RECOMMENDATION It appears that the applicant may not be able to meet all the required criteria for approval of a Variance. The Variance may be the minimum necessary and may not cause any public detriment. While the location of the garage appears to be a simple unintentional mistake and non-malicious, it is a self-imposed hardship and not the result of general conditions in the area. Therefore, staff cannot support this request and recommends DENIAL. • ..-· ', ) ' • I AVG. ._ ..... !<:.' .. .) \;,;,... • •• f' ·t'l-C>P 5 7U (y_, .,., ,,Jr,. l. t.'t""" l 11.J~ \ / / \ '. \ ( '· \ ' ' ' -• September 18, 1990 Harold D. Raymond 337 Ute Rifle, CO 81650 Dear Mr. Raymond: GARFIELD COUNTY PLANNING DEPARTMENT • On Monday, September 10, 1990, the Garfield County Board of County Conunissioners appointed you to a three year term on the Board of Adjustment. Given that your term is beginning late in the year, it would expire on December 31, 1994. Enclosed are some of the pertinent sections of the County Zoning Resolution regarding the Board of Adjustment membership and authority. You may notice that the Board of Adjustment's authority is fairly limited in scope for establishing what hardships have been created by zoning. Also included is a staff packet that will be the subject of discussion on September 27, 1990 at 3:30 P.M. in the County Courthouse. This particular variance request has had some technical problems with the legal notice requirements and getting a quorum of the Board. We will send you any additional information prior to the meeting. Your interest in the Board of Adjustment is appreciated. If you would like to sit down and discuss any issues, feel free to set up a time to meet with Andrew McGregor and/or me, at a time convenient to both of us. Mark L. Bean, Director Regulatory Offices and Personnel MLB/emh encl. XC: Andrew McGregor 109 8TH STREET, SUITE 303 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601 ( I I • • uo their decision, in writing, within fifteen (15) days folloi;ing the Public Hearing. The decision shall state specific findings of fact relevant to all essential issues. If the pennit is denied, such decision shall include reasons for denial. 9.03.05 Periodic Review: Any Special Use Pennits may be made subject to a periodic review not less than every six ( 6) months if required by the County Comissioners. 111e purpose of such review shall be to detennine compliance or non-compliance with any perfonnance requirements associated with. the granting of the Special Use Pennit. 'lbe County Conunissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Pennit. Such review shall be conducted in such manner and by such persons as the County Cor.unissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may detennine that the penni t operations are in compliance and continue the pennit, or detennine the operations are not in compliance and either suspend the permit or require the pennittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those perfonnance requirements and conditions imposed at the time of the original issuance of the Special Use Pennit. 9. 04 AD:'>!INISTRATIVE APPEAL & INTERPRETATION 9.04.01 lications: Appeals to the Zoning Board of Adjustment 'Boar may be taken by any person aggrieved by his inability to obtain a penoi t (other than a Special Use Permit), or.by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Resolution. Appeals may also be taken by any officer, department, board or bureau of the County affected by the grant or refusal of a permit, other than a Special Use . Permit, or by other decision of an administrative officer or agency based on, or made in the course of, the administration or enforcement of this Resolution. Appeals to the Board must be made in writing and filed with the Board within seven (7) days of the action or decision appealed and a copy shall be given by the appellant to any official or agency from which the appeal is taken. ( A timely appeal stays all proceedings in furtherance of the action appealed from, unless any officer or agency from whom th.e appeal is taken certifies to the Board, / '· '--·. ( 9.05.03 • • . 112 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 fon.·arded to the Board until such compliance is achieved by the applicant. Action by the Board of Adjustment: 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 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 in 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 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; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. 9.05.04 Public Hearing: Hearings held on requests for variances from strict application of the 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, description 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 shall 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) 9.04.02 9.05 • • after the 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. Action by the Board of Ad~ustment: The Board shall have the powers and duties to ear 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) VARIANCE 9.05.01 Application: An application for a variance shall be made to the COunty Building Official in a form prescribed by the County and shall consist of an application for a 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 Board of County Commissioners by separate resolution, in order to def ray · · 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 "- • ,,-· . September 5, 1990 Kathryn M. Barto 829 Railroad Ave. Rifle, CO 81650 Dear Ms. Barto: • GARFIELD COUNTY PLANNING DEPARTMENT • On Tuesday, September 4, 1990, the Garfield County Board of County Commissioners appointed you to a three year term on the Board of Adjustment. Given that your term is beginning late in the year, it would expire on December 31, 1994. Enclosed are some of the pertinent sections of the County zoning Resolution regarding the Board of Adjustment membership and authority. You may notice that the Board of Adjustment's authority is fairly limited in scope for establishing what hardships have been created by zoning. This is probably different than the parameters imposed by the City's ordinances. Also included is a staff packet that will be the subject of discussion on September 27, 1990 at 3:30 P.M. in the County Courthouse. This particular variance request has had some technical problems with the legal notice requirements and getting a quorum of the Board. We will send you any additional information prior to the meeting. Your interest in the Board of Adjustment is appreciated. If you would like to sit down and discuss any issues, feel free to set up a time to meet with Andrew McGregor and/or me, at a time convenient to both of us. :;n;yL Mark L. Bean, Director Regulatory Offices and Personnel MLB/emh encl. xc: Andrew McGregor '·. ', i : i '.{I l!EFT. ~·Ill f.' :.103 945 0~1? 11\~5 5571 GLENWOOD SPRINGS, C()L()RADO 81601 • . . I \ • • uo their decision, in writing, within fifteen (15) days follo1dng the Public Hearing. The decision shall state specific findings of fact relevant to all essential issues. If the pennit is denied, such decision shall include reasons for denial. 9.03.05 Periodic Review: Any Special Use Pennits may be made subject to a periodic review not less than every six (6) months if required by the County Comissioners. The purpose of such review shall be to detennine compliance or non-compliance with any perfonnance requirements associated with. the granting of the Special Use Pennit. The County Collllnissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Pennit. Such review shall be conducted in such manner and by such persons as the County Cor:unissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may detennine that the pennit operations are in compliance and continue the pennit, or detennine the operations are not in compliance and either suspend the pennit or require the pennittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those perfonnance requirements and conditions imposed at the time of the original issuance of the Special Use Pennit. 9.04 AD)l!NISTRATIVE APPEAL & INTERPRETATION 9.04.01 lications: Appeals to the Zoning Board of Adjustment ' Boar ' may be taken by any person aggrieved by his inability to obtain a pennit (other than a Special Use Pennit), or.by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Resolution. Appeals may also be taken by any officer, department, board or bureau of the County affected by the grant or refusal of a pennit, other than a Special Use · Pennit, or by other decision of an administrative officer or agency based on, or made in the course of, the administration or enforcement of this Resolution. Appeals to the Board must be made in writing and filed with the Board within seven (7) days of the action or decision appealed and a copy shall be given by the appellant to any official or agency from which the appeal is taken. ( A timely appeal stays all proceedings in furtherance of the action appealed from, unless any officer or agency from whom the appeal is taken certifies to the Board, ( c· 9.04.02 9.05 • • ' . 111 after the 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. Action by the Board of Ad~ustment: 1be Board shall have the powers and duties toear and decide appeals as set forth in Section 9.05.03 of this Resolution. 1be 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 asency or to decide in favor of the appellant. (A. 79-132) VARIANCE 9.05.01 Application: An application for a variance shall be made to the COunty Building Official in a form prescribed by the County and shall consist of an application for a 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 Board of 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: 1be 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 ·an 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 • " ,_ ,. \ • ,. '-.-· r \ 9.05.03 • • . 112 building, structure or use is in compliance 'except for said provisions, shall forv:ard 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. Action by the Board of Adjustment: After the proper fon;arding of an application for variance to the Board and where by reason of exceptional narro1mess, shallo1mess or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in 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 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; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. 9.05.04 Public Hearing: Hearings held on requests for variances from strict application of the 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, description 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: ( • • .. 113 (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 shall 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) • " ··---, ' ) . . . . ... . ' .. \ ,\·:.:./ PROJECT INFORMATION AND STAFF COMMENTS PROJECT I APPLICANT1 LOCATION: SITE DATA: ACCESS: EXISTING AND ADJACENT ZONING1 For Variance from Section 3.02.06 (Minimum setbacks - A/R/RD District) to allow a detached garage in the front setback area. Jasjit Grewal Lot 38, Kings Row Subdivision; located 5 miles northeast of Carbondale on King's Row Road. The site consists of 3.41 acre lot. Existing drive off of King's Row Road. A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District B -Subdivisions with Center Water and Individual Sewer -Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the south side of King's Row Rd. and has approximately 150 feet of frontage. The property slopes downward from the road at approximately 12% to 15%. Native vegetation consists primarily of sage. The property is underlain with shallow basalt requiring extensive excavating and/or blasting. The only completed building is the residence which runs parallel to the road approximately 50 feet deep on the lot. A partially completed garage, the subject of this request, is located between the residence and the roadway. The garage, partially recessed into the slope, consists of a combination of concrete and timber walls. The concrete slab floor is currently plumbed for solar heating. The single peak roof will extend approx- imately six feet above the uphill grade and will be constructed of painted metal. The garage is located six feet, at it closest point, to t~7 front property line. (See enclosed sketch on Page4'.=-) B. Background: In May 1986, the applicant requested and was granted a building permit. In 1987, construction on the garage was commenced. In November 1987, an inspection of the footing and foundation was conducted. At this time, the applicant indicated that the required setbacks, 25 feet front and 10 feet sides, were met or exceeded. Since that time, work has progressed slowly until this year when construction was resumed. During June of this year, enforcement staff visited the site in response to inquiries from neighbors. At that time, staff determined that a possible setback violation existed. -1- I ' I I I I ·1 I I I I I I I .--' _J_ . "'· .. III. MAJOR ISSUES AND CONCERNS 1) Section 3.02.06 of the Zoning Resolution (Minimum Setbacks-AIR/RD District) specifies a front yard setback from local streets of 50 feet from the street centerline or 25 feet from front lot line, whichever is greater. 2) The partially completed garage is located roughly 6 feet from the front property line at its closest point. The degree of encroachment decreases as the road right-of-way curves to the northeast. Approximately 50% of the build- ing is located within the front setback area. 3) The applicant has stated that the problem arose from a misunderstanding of the regulations. The applicant measured the setback from the edge of the pavement instead of the property line. The applicant (or applicant's son) was under the misconception that the roadway and road right-of-way were synonymous. 4) In addition to the front setback encroachment, there is also an encroachment into the required 10 foot side yard or onto the adjacent lot. The applicant is the owner of the adjacent parcel. However, the applicant is in the process of preparing an amended final plat to adjust the location of the lot lines. 5) Strict enforcement of the setback regulations would require removal of the offending portion of the building. The remaining portion of the building would be limited in utility as a garage. 6) Section 9.05.03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: (A) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (B) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (C) That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (D) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. · 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. ' . • ., V. RECOMMENDATION It appears that the applicant may not be able to meet all the required criteria for approval of a Variance. The Variance may be the minimum necessary and may not cause any public detriment. While the location of the garage appears to be a simple unintentional mistake and non-malicious, it is a self-imposed hardship and not the result of general conditions in the area. Therefore, staff cannot support this request and recommends DENIAL. ' ' ) ,• ", •' '· <.~~{\~ " ·) ~~M-f?Rc.~1\ L-<:>\ 3-3 \c.lN (. f' ~c:>W l I -= 7: -0---• ~ -0 0 ... ' ~ I '· ~:,:.I:~~ .. ·':"';t·.:· • .'" . :·:·<·~: ... ::· :. :·~.~.:{·:: ·:~·:: .. i \· . •i'. . ....... . .. \ : .. AVG, / / \ // <r~~~~~~--->I '. ( (y.r>l \rl~ \.<n-°, ~ 11J' \ < ~~CD. ~( ,- ·~ ,_ic \{\ "' -I:-• ~ ' ~ ::- ~ \ \ i ' ' • • LEAVENWORTH & WCHHEAD, P.C. ATTORNEYS AT LAW 1011 GRANO AVENUE LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA September 6, 1990 P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (303) 945-2261 Charles M. Stoddard, Esq. 812 Pitkin Avenue Glenwood Springs, CO 81601 FAX: (303) 945-7336 Re: Kinqs Row Homeowners Association/Grewal Dear Chuck: Enclosed is a fully-executed original of the agreement bet- ween myself, Kings Row Homeowners Association, and your client, Mr. Grewal. The Association's original has been sent to the Clerk and Recorder's Office for recording. Thank you for your cooperation in this matter. LEL:rln Enclosure cc: Tim Herreid w/enc. Very truly yours, LEAVENWORTH & LOCHHE4D, P.C. E. Leavenworth I I I. [ - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - • • LEAVENWORTH & LOCHHEAD, P.C. ATIORNEYS AT LAW 1011 GRANO AVENUE LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD SHERRY A. CALOIA August 16, 1990 P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81802 TELEPHONE: (303) 945-2261 FAX: (303) 945-7336 Board of County Commissioners Garfield County 109 Eighth Street Glenwood Springs, CO 81601 Re: Kings Row SubidivisiogLJasjit_Qrewal Dear Commissioners: I am writing on behalf of the Board of Directors of the Kings Row Homeowners Association, of which I am a director. The Association recently met and voted to take the following posi- tion concerning the landscaping located upon Lot 38, which is owned by Jasji t Grewal. The Association believes that landscaping of the county road right-of-way is not only desirable but aesthetically pleasing and environmentally sound, subject of course to the County's right to utilize that right- of-way and safety considerations. The Association believes that, so long as no landscaping over twelve inches in height is located within three feet of the road pavement and no landscaping over 48 inches height is located within three to six feet from the road pavement, landscaping on Mr. Grewal' s lot within the county road right-of-way should be permitted by the County subject to the County's right to utilize the road right- of-way in its sole discretion. If you have any questions concerning the Association's posi- tion, please feel to contact me. Very truly yours, LEAVENWORTH LOCHHEAD, P.C . . Leavenworth LEL:lln cc: Board of Directors, Kings Row Homeowners Association f;:~ r;:.;i r;«;J)J\(Pr;-;;Jrm ... :'':·;.··,;--~ .Jf (·~1, n . . .. ··-... \.I err> • 1990 /1'1 ' . . .., . 'l . . 1it i' J 1· 1 . ~ '"";,"' 1t. ... u i.,1.JuN·i¥ . • September 10, 1990 CharlM M. Stoddard Attorney at Law 812 Pitkin Avenue, P.O. Box 697 Glenwood Springs, Color<11do 81602 Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 • ATTN: Messrs. Mark Bean and Andrew McGregor RE: Jasjit S. Grewal Variance Application Dear Messrs. Bean and McGregor: TEL: (303) 945-7474 FAX: (303) 945-7553 Enclosed for your info are copies of letter dated September 6, 1990 from Loyal E. Leavenworth, individually and as attorney for Kings Row Home owners Association, together with the therein referred to agreement. I understand the hearing on the variance application is scheduled for September 27, 1990 at 3:30 p.m. and that you have published the notice and sent out the required notices, otherwise please advise. Sin 7· arles M. Stodd:fr ~ Attorney for Jasjit Grewal CMS/hdp cc: Jasjit Grewal 878 Kings Row Avenue Carbondale, co 81623 . ' • • AGREEMENT THIS AGREEMENT is made and entered into this ~1 day of August, 1990, by and between the KINGS Row4itoMEOWNERS ASSOCIATION, a Colorado non-profit corporation, whose address is P. o. Box 202, Carbondale, Colorado 81623 (hereinafter "Association"); LOYAL E. LEAVENWORTH, whose address is 902 Kings Row Avenue, Carbondale, Colorado 81623 (hereinafter "Leavenworth"); and JASJIT GREWAL, whose address is 878 Kings Row Avenue, Carbondale, Colorado 81623 (hereinafter "Grewal">; W I T N E S S E T H: WHEREAS, the Association is organized to be the association to which reference is made in the Amended Protective Covenants for the Kings Row Subdivision, which Covenants are duly recorded in the Offices of the Clerk and Recorder of Eagle and Garfield Counties; and t WHEREAS, Leavenworth is the owner of Lot 39 of the Kings Row Subdivision; and WHEREAS, Grewal is the owner of Lot 38 of the Kings Row Subdivision; and WHEREAS, a dispute has arisen between the parties concerning Grewal's use of his property, which dispute the parties desire to resolve pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the terms and conditions of this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Association and Leavenworth agree not to oppose a variance request made by Grewal to the Garfield County Board of Adjustment to allow a detached garage to be located within the front setback, which request is currently scheduled to be heard before the Board of Zoning Adjustment on September 27, 1990. The Association and Leavenworth further agree not to oppose the request by Grewal for a lot line adjustment to adjust the loca- tion of the lot lines between Lot 38 and Lot 37, which request by Grewal is currently pending before Garfield County, so long as said request is generally consistent with the representations of Grewal concerning said lot line adjustment as made to the Board of Zoning Adjustment. 2. Grewal agrees, in connection with his use of Lot 38, that he will: A. Not park or allow a guest, employee, contractor, or invitee to park at any time within the road pavement of Kings Row Avenue; provided, however, that such parking -1- 1• • may be allowed by Grewal or his invitees on a temporary emergency basis during times of heavy snowfall of six inches or more; provided further that, during such times, Grewal will within 24 hours cause to have the snow removed from his driveway to enable Grewal to comply with the provisions of this paragraph. B. Allow no structures, improvements, fences, or parking within ten feet of the edge of the road pavement of Kings Row Avenue; provided however Grewall may continue to use the existing parking area partially located within said ten ClOJ feet so long as the closest point of any car parked in this location is at least four (4) feet from the arc line of the southerly curve of the Kings Row Avenue pavement. c. Make no use whatsoever for any purpose of any other property within the Kings Row Subdivision, including the road right-of-way and Association common area, other than property owned by Grewal at the time without the express written consent of the property owner; pro- vided, however, that Grewal may access his property on County roads and may use the Association common area in the same manner as other lot owners within the Kings Row Subdivision. D. By October 31, 1990, remove the existing fence currently located and encroaching upon Leavenworth's Lot 39 and, in addition, remove the other materials (fence posts, etc.) deposited by Grewal on Leavenworth's Lot 39 in the northeast corner of said lot. E. Abide by all Protective Covenants affecting the Subdivision (as said Covenants are amended from time to time), including without limitation restrictions on the use of property for single-family residential purposes. Grewal agrees that said Covenants are in full force and effect. For this purpose, Grewal agrees that he will not under any circumstances rent any or all of his pro- perty, except for uses permitted by said Covenants, and, so long as Grewal or any member of his family resides on said property, will not rent any portion of his property to an unrelated third party. F. Abide by all terms and conditions of the Amended Protective Covenants for the Kings Row Subdivision con- cerning architectural control approval for any and all construction pursuant to the terms and conditions of the Amended Protective Covenants. G. Allow no inoperable vehicles or trailers, located out- side of an enclosed garage, to be stored or located upon Grewal's property for a period of longer than ten -2- H. • • • days. For this purpose, inoperative vehicles or trailers shall be defined to include any and all vehicles or trailers which do not have a current valid registration with the State of Colorado or any other state and/or which are not capable of being driven or utilized on the roads of the State of Colorado. Grewal agrees to comply with the prov1s1ons of this sub- paragraph by September 30, 1990. Remove the logs and any and all currently stored by Grewal on Lot 35 October 30, 1990. other materials from such lot by 3. The failure by Grewal to comply with the terms and con- ditions of this Agreement, or the terms and conditions of the Protective Covenants affecting the Kings Row Subdivision (as such Covenants may be amended from time to time> shall entitle the Association and/or Leavenworth, in addition to any and all other remedies provided by the covenants or available at law, and following Grewal's failure to cure such defaults within 48 hours of his receipt of written notice from the Association, to enter upon Grewal's property for the purpose of towing and removing any vehicles that are in violation of the terms of this Agreement and/or the terms and conditions of the Protective Covenants, remove any encroachments, and include the actual costs of such action in the assessments levied by the Association on Grewal's lot or lots, including the costs of any attorney fees incurred by the Association for this purpose. Further, the Association shall have a lien on Grewal's property for the collection of such money. 4. All notices required or permitted under this' AgreEHiien~· shall in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the address of the parties set forth above. All notices so given shall be considered effective upon receipt. Any party by notice so given may change the address to which future notices shall be sent. s. In the event of litigation by any party to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs. 6. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto and shall be recorded in the Office of the Clerk and Recorder of Garfield County. -3- ' . • • IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. ATTEST: ~u-}J. tc.2,~ Secretary KINGS ROW HOMEOWNERS ASSOCIATION, A Colorado Non-Profit Corporation JASJIT -4- J . .. • STATE OF COLORADO ) . ) ss. COUNTY OF ~ti-) Subscribed ~ d swo~n to 1990, by --1/rn t!_erre10-- ~,!kec, as Secretary, on Association. • before me this~ day~ August, , as President, and by ~.(6rd II, behalf of the Kings Row Homeowners WITNESS my hand and official seal. ,<· \ I .. : ':" ·io(y Commission expires: · "':° \1\f·I "·.• \ • 'j / . :<; ' .. · .. ' . 'J '•\\.'' 111, \\·' ·~ ;\ ••• ,• • l ', .,. ,:-.. '''. ' ~,.,. 1) ,' '.,.-· STATE OF COLORADO ) · ) SS. COUNTY OF~~ Subscribed and sworn to before me this 3()#-day of August, .,li9'90, by· Loyal E. Leavenworth. ,..-.'\~' ',\ ') . / ~',/ WI'rl\lESS my hand and official seal • . "i \I\!.\:;•. , . .i :1 i. '·~ ·'14¥: C~mm~ssion expires: ~ I <) '\ l ,_ ;> . ~ ''\\' IJ:Jl.\'': •)} ·. . <. I '• --.,,' . ' . ~ .-. ·. -, ,.,, '. >' •, .;.':I •• ,, ·' ) '"I ' , ' /; ' ,: i' • r h,, !1 STATE OF COLORADO ) . ) ss. COUNTY OF~~) Subscribed and sworn to before me this 3o#-day of August, 1990, by Jasjit Grewal. WITNESS my hand and official seal. . ,• My Commission expires: l ' : ',J; \ ' •.. -5- . , . l:i ... -~ .... ~~~~~~~~~~~------------------ • September 5, 1990 Jasjit s. Grewal 878 King's Row Carbondale, CO 81623 GARFIELD COUNTY PLANNING DEPARTMENT Re: Variance Application • Your application for a Variance to allow the continued construction of a garage within the required front yard setback area on your property at 878 King's Row has been scheduled for a public hearing before the Zoning Board of Adjustment on September 27, 1990 at 3:30 P.M., in Suite 302, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO. It is suggested that you or your authorized representative be in attendance. Due to the inability of obtaining a quorum at the previous hearing date, staff will take the responsibility for the public noticing requirements. Please contact this office if you have further questions regarding your application or the scheduled public hearing. Sincerely, ~// ~ ~.£r''r/~ Planner AMcG/emh 109 8TH STREET, SUITE 303 945-8212 / 825-5571 GLENWOOD SPRINGS, COLORADO 81801 ·r·~ • • • PUBLIC NOTICE TAKE NOTICE that Jasjit s. Grewal 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-wit1 Legal Description1 Lot 38, Kings Row Subdivision, Filing No. 1 Practical Description1 (location with respect to highway, county roads and residences) The property is located at 878 Kings Row on the south side of the subdivision which is located 1. 5 miles northeast of Catherine's Store off C.R. 102 (Missouri Heights -El Jebel Road. ) Said variance application is to allow the petitioner to complete construction of a garage located in the required front yard setback area. The variance would allow a 6 foot setback instead of the required 25 foot setback on the 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, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and other affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the off ice 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 5100 P.M., Monday through Friday. That public hearing on the application has been set for the 27th day of September, 1990, at the hour of 3130 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 i ,, e<1~.r e~'I .--- __ 11y1~1 - - - - - - - - - - - - - ---- - - - - -~ ----........ ----... ..... -...... , e. < e K-1 111<., ~ IZo.,..) · C.....r !.;,.,.,-, c)' J <=.. c_o / i) k.;nc,':> _1?o.,.i L.~.hAA}s. _ _A,,.~c.l1o.11. -· - T:"" ilc..rri~1 ·~;;r~ ,, 6'~ Z-02--. . -. . .. .. ' ,.. ~ '9..,.,, ~.J.e. / Co '81 '--?.'"'> ~ 1-:M.-k-u.YU'\~ -O'j 0.'2-.. k.' <'.)~ • .,. 12," ~ :·. L "'....-bo-nd..JE.) C.0 8-I"Z.3 : i "j • ! _,,.. !'' '', I, -r:\J(:(.....- __ u,,~ ... ,,, ., o f.»t q I . -(iV~c)4k,, ----· -· -'" . --"- I "' ! I' i9 rv 1·· I I ' I' '' TO: FROM: DATE: RE: ---------- - - - - - - - - - - - - - - - - - - - - - - - • GARFIELD COUNTY PLANNING DEPARTMENT MEMORANDUM • Garfield County Board of Adjustment Members/Interested Parties Andrew McGregor, Planner August 13, 1990 August 16th Meeting Our next meeting is scheduled for this Thursday, August 16th at 3:30 P.M. Please find enclosed an agenda and staff comments for your review. Please contact our off ice to verify your attendance in order to determine if we will have a quorum. 109 8TH STREET, SUITE 303 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601 1) 2) 3) 4) • GARFIELD COUNTY PLANNING DEPARTMENT AGENDA • GARFIELD COUNTY BOARD OF ADJUSTMENT Meeting of August 16, 1990 Suite 302, Garfield County Courthouse 3:30 P.M. Call meeting to order Roll Call Variance from Section 3.02.06 (Minimum Setbacks -A/R/RD District) to allow a detached garage in the front setback area. Applicant: Location: Adjournment Jasjit Grewal Lot 38, King's Row Subdivision; located 5 miles northwest of Carbondale on King's Row Road. 109 8TH STREET, SUITE 303 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601 BOA B/16J90 PROJECT INFORMATION AND STAFF COMMENTS PROJECT: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING AND ADJACENT ZONING: For variance from Section 3.02.06 (Minimum setbacks - A/R/RD District) to allow a detached garage in the front setback area. Jasjit Grewal Lot 38, Kings Row Subdivision; located 5 miles northeast of Carbondale on King's Row Road. The site consists of 3.41 acre lot. Existing drive off of King's Row Road. A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District B -Subdivisions with Center Water and Individual Sewer -Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the south side of King's Row Rd. and has approximately 150 feet of frontage. The property slopes downward from the road at approximately 12% to 15%. Native vegetation consists primarily of sage. The property is underlain with shallow basalt requiring extensive excavating and/or blasting. The only completed building is the residence which runs parallel to the road approximately 50 feet deep on the lot. A partially completed garage, the subject of this request, is located between the residence and the roadway. The garage, partially recessed into the slope, consists of a combination of concrete and timber walls. The concrete slab floor is currently plumbed for solar heating. The single peak roof will extend approx- imately six feet above the uphill grade and will be constructed of painted metal. The garage is located six feet, at it closest point, to the front property line. (See enclosed sketch on Page~-> B. Background: In May 1986, the applicant requested and was granted a building permit. In 1987, construction on the garage was commenced. In November 1987, an inspection of the footing and foundation was conducted. At this time, the applicant indicated that the required setbacks, 25 feet front and 10 feet sides, were met or exceeded. Since that time, work has progressed slowly until this year when construction was resumed. During June of this year, enforcement staff visited the site in response to inquiries from neighbors. At that time, staff determined that a possible setback violation existed. .. II I ' ' i I I I I ., .: -· -··' III. MAJOR ISSUES AND CONCERNS 1) 2) 3) 4) 5) 6) Section 3.02.06 of the Zoning Resolution (Minimum Setbacks-AIR/RD District) specifies a front yard setback from local streets of 50 feet from the street centerline or 25 feet from front lot line, whichever is greater. The partially completed garage is located roughly 6 feet from the front property line at its closest point. The degree of encroachment decreases as the road right-of-way curves to the northeast. Approximately 50% of the build- ing is located within the front setback area. The applicant has stated that the problem arose from a misunderstanding of the regulations. The applicant measured the setback from the edge of the pavement instead of the property line. The applicant (or applicant's son) was under the misconception that the roadway and road right-of-way were synonymous. In addition to the front setback encroachment, there is also an encroachment into the required 10 foot side yard or onto the adjacent lot. The applicant is the owner of the adjacent parcel. However, the applicant is in the process of preparing an amended final plat to adjust the location of the lot lines. Strict enforcement of the setback regulations would require removal of the offending portion of the building. The remaining portion of the building would be limited in utility as a garage. Section 9. 05. 03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: (A) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (B) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (C) That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (D) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. · 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. • V. RECOMMENDATION It appears that the applicant may not be able to meet all the required criteria for approval of a Variance. The Variance may be the minimum necessary and may not cause any public detriment. While the location of the garage appears to be a simple unintentional mistake and non-malicious, it is a self-imposed hardship and not the result of general conditions in the area. Therefore, staff cannot support this request and recommends DENIAL. ' , ~ ) '.:·~k{<.P,~ ' I ~··:· /' ...... ,_ ., ·, .. ', ·'i" '• . -' .· F::.:::::}aj Av G . / \ \ <, < < < \ ', • • PUBLIC NOTICE TAKE NOTICE that Jasjit s. Grewal 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: Lot 38, Kings Row Subdivision, Filing No. 1 Practical Description: (location with respect to highway, county roads and residences) The property is located at 878 Kings Row on the south side of the subdivision which is located 1. 5 miles northeast of Catherine's Store off C.R. 102 (Missouri Heights -El Jebel Road. ) Said variance application is to allow the petitioner to complete construction of a garage located in the required front yard setback area. The variance would allow a 6 foot setback instead of the required 25 foot setback on the 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, particularly if you have objections to such variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and other affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the off ice of the Planning Department located at 109 Bth Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. That public hearing on the application has been set for the 16th day of August, 1990, 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 • ;. 114 ~ abw± I:· l-4-v"i ttf-wsed o.bsc.e.11~. 11 fd~ . ~:!Vo"~~~ r·fr. ¢JJ11.J ( t't.fJ· .. ftY. Grwp.j) tL6ovl-,tof,·c:..., I'; a11~:0,, ... ~.u+ ~p 17 rlt.1-l-e__ r ~'!(. '-t -Jt.1 ... "1 1 '6 !Zcw ~t,_..f. J I;! q~ ... ~1-,_. v-h..A ,..,.H._~ ~~ .4~ s: .. - ~c;. -~N...~d-t-d "'~ .~u~ ,..k,,,,_/- 'f~ B .• ~~f...-,..J.<,,n v~.w~~. a!o..:/-e_ ,,/ "Ot.<.0 ,~r~ "1"{.,.;r..J ,,J,,v-/-o.h.f~J., ~ rc.e.d. . + . i ' <-0 1 1 '-( o /t<f"'r 'LO -fr 6c. ""'r ,, ~/:f re-s. ~ ...... fl,,_ tw I c..~ "':J • . :~+r.JcvJ , Vltsk/ h(.QJ(c.W2; orilf .~ !.Ptfv/rc_ ~ -rk. Al-. · o.,,.. --ti.rs .......... tJ tw.f .. /,,.__ tJ.f/r")'Y•a:/' :: t-"'e--. ~.f °'f'lw~rJe.. *' .:..... ,4·,,, oA.e.,.. ""'~...) ...,, ~pc..,,L-, ~ .. ..k.-. e~ "'(..™' kfffl ~. +d~(..,_ ! ~£€'1 ~ . l\Oi ·~. ~"+\ ~S-"1f~ • . itff~M-71Iro~J h1J :b vv.J-; c...e.. . -J.i,,_, f~ tJ<,<)~S · Ii Y);c-kl"t~ ~c~ .. !Wei-(;., _rt.'t-~l .f"'''-'~1 · f~ I roo..! -•( ,.,,J,;c....-•s Jt..f-..J-lv&-, • ,.,~ +-J.....,._f o-fA ~..-. t: ~rl .io+rc_a_ it ,: ., l 'i! • ,!' 1$'?"£ o{ 1111:-•,;f·iCM.Jole...... "'"1' ,.., •. :(~ "' + •. ,',_:I-/, ;:::>..,~Ire_ x_fof•'<:.e...fx-m -i;»·-'~ wk. -1. "'°? ~/,, '""i~ . '1·· ~J(e.(.O+i've.-~cM "? . . _ . ',, G(~c.,/ ~~k~ ~toddftA.J le(.f-, / "u i. L·tJ.e) ve-ti.~ .~ '-'f.-r.tt!~ ,a.k_ :-t''s .-.-ii ;.~ - -.( i JJo.J -(ti{~+ veh.~~ ' 1" V-< .· v> //~l ii.~ ~~!terr z.:;:, ~ r'k ~. ckJ.:_ . ~ ---------------~~~~~~~~~~~~~------------- • • GARFIELD COONI'Y !OARD OF ADJUSTMENT Meeting of Jul~ 26, 1990 Suite 302, Garfield Cbunty Cburthouse, 3:30 IM 1) call meeting to order 2) Roll call 3) Variance fran Section 3.02.06 (Minimum Setbacks -A/R/RD District) to allow a detached garage in the front setback area. Applicant: r.ocation: 4) Adjournmant Jasjit Gre\'al I.Dt 38, King's lbw Subdivisioni located 5 miles nortlw:lst of carbondale on King's RoW Road. • GARFIELD COUNTY ROAD AND BRIDGE P.O. BOX 2254 Glenwood Springs, Colorado 81602-2254 Phone 945-6 l 11 DATF: .Jtil.y 20, 1990 10: Andrew / (Planning) FROM: King / (Road & Bridge) RF: Roa rd of Adjustment -Grewal St.ruct.ure I believe that setbacks serve a purpose. 1/iJ(Jr;:: 1r;r~ \.......... . ·:J. "'· . '.11· .• , •• , •...• ' c::::~n· · I 111 Jilt . .. ·1 1 I L· . 2 3 1990 .' 'j <....1,.\1 :'--· . ...• -~~·· · ~ ''-'vl\iJ ( In this case a garage on the edge of the right-of-way coLJld be impacted by heavy Spring snows being plowed off the roarlway. Lying on the outside of the curve, It could even be hit by an out of control automcl~)ilA. t TO: FROM: DATE: RE: • GARFIELD COUNTY PLANNING DEPARTMENT MEMORANDUM • Garfield County Board of Adjustment Members/Interested Parties Andrew McGregor, Planner August 13, 1990 August 16th Meeting Our next meeting is scheduled for this Thursday, August 16th at 3:30 P.M. Please find enclosed an agenda and staff comments for your review. Please contact our off ice to verify your attendance in order to determine if we will have a quorum. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 '· ]. ,, : ,. ,'·' .··· ;•. " .. , ... . ,• ·~: .. . ',j···· .' ... 1) 2) 3) 4) • GARFIELD COUNTY PLANNING DEPARTMENT AGENDA • GARFIELD COUNTY BOARD OF ADJUSTMENT Meeting of August 16, 1990 Suite 302, Garfield County Courthouse 3:30 P.M. Call meeting to order Roll Call Variance from Section 3.02.06 (Minimum Setbacks -A/R/RD District) to allow a detached garage in the front setback area. Applicant: Location: Adjournment Jasjit Grewal Lot 38, King's Row Subdivision; located 5 miles northwest of Carbondale on King's Row Road. 109 8TH STREET, SUITE 303 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 , . . " · .. ·:·i·~~~~~~-·~-\::: :.''.i:·. \ •• ·· ·.,_·-1·;. BOA B/16,/90 PROJECT INFORMATION AND STAFF COMMENTS PROJECT: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING AND ADJACENT ZONING: For Variance from Section 3.02.06 (Minimum setbacks - A/R/RD District) to allow a detached garage in the front setback area. Jasjit Grewal Lot 38, Kings Row Subdivision; located 5 miles northeast of Carbondale on King's Row Road. The site consists of 3.41 acre lot. Existing drive off of King's Row Road. A/R/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District B -Subdivisions with Center Water and Individual Sewer -Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the south side of King's Row Rd. and has approximately 150 feet of frontage. The property slopes downward from the road at approximately 12% to 15%. Native vegetation consists primarily of sage. The property is underlain with shallow basalt requiring extensive excavating and/or blasting. The only completed building is the residence which runs parallel to the road approximately 50 feet deep on the lot. A partially completed garage, the subject of this request, is located between the residence and the roadway. The garage, partially recessed into the slope, consists of a combination of concrete and timber walls. The concrete slab floor is currently plumbed for solar heating. The single peak roof will extend approx- imately six feet above the uphill grade and will be constructed of painted metal. The garage is located six feet, at it closest point, to the front property line. (See enclosed sketch on Page~-> B. Background: In May 1986, the applicant requested and was granted a building permit. In 1987, construction on the garage was commenced. In November 1987, an inspection of the footing and foundation was conducted. At this time, the applicant indicated that the required setbacks, 25 feet front and 10 feet sides, were met or exceeded. Since that time, work has progressed slowly until this year when construction was resumed. During June of this year, enforcement staff visited the site in response to inquiries from neighbors. At that time, staff determined that a possible setback violation existed. i ·~ \ I I I I '\ I ' I I ·-! • •'·' ' .,; •.'J •'• .. ~:{1 . .. ··' III. MAJOR ISSUES AND CONCERNS 1) 2) 3) 4) 5) 6) Section 3.02.06 of the zoning Resolution (Minimum Setbacks-AIR/RD District) specifies a front yard setback from local streets of 50 feet from the street centerline or 25 feet from front lot line, whichever is greater. The partially completed garage is located roughly 6 feet from the front property line at its closest point. The degree of encroachment decreases as the road right-of-way curves to the northeast. Approximately 50% of the build- ing is located within the front setback area. The applicant has stated that the problem arose from a misunderstanding of the regulations. The applicant measured the setback from the edge of the pavement instead of the property line. The applicant (or applicant's son) was under the misconception that the roadway and road right-of-way were synonymous. In addition to the front setback encroachment, there is also an encroachment into the required 10 foot side yard or onto the adjacent lot. The applicant is the owner of the adjacent parcel. However, .the applicant is in the process of preparing an amended final plat to adjust the location of the lot lines. Strict enforcement of the setback regulations would require removal of the offending portion of the building. The remaining portion of the building would be limited in utility as a garage. Section 9. 05. 03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: (A) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (B) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (C) That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (D) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. , 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. ... • ' --------------~~~~~~~~~~~~~~-------------·:· V. RECOMMENDATION It appears that the applicant may not be able to meet all the required criteria for approval of a Variance. The Variance may be the minimum necessary and may not cause any public detriment. While the location of the garage appears to be a simple unintentional mistake and non-malicious, it is a self-imposed hardship and not the result of general conditions in the area. Therefore, staff cannot support this request and recommends DENIAL. ... " ' ' \ ) • '.:·~~p...~ ' LoT 3g ~\NC. S" ~ow AVG. \ • :: / ' ( ' '· fe: 11:Y.-CD ~ -r- . ~ 1-te' \[\ N -':-• ~ ::- \ \ ' ' ' ' ' >,~MZ~ ' ,&R~M-fK~ 7: -' IT' • ~ 0- () ~ ~ /. ,"' \ .... ' ; ~ ' . AVG. (i 1·;-i l"J(- 1 <1'I ' l nJ( \ · ... -, \/\ N -1: • ~ -~ ~ 1" \ \ • • BOA 7/26/90 PROJECT INFORMATION AND STAFF COMMENTS PROJECT: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING AND ADJACENT ZONING: For variance from Section 3.02.06 (Minimum setbacks - A/R/RD District) to allow a detached garage in the front setback area. Jasjit Grewal Lot 38, Kings Row Subdivision; located 5 miles northeast of Carbondale on King's Row Road. The site consists of 3.41 acre lot. Existing drive off of King• s Row Road. A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District B -Subdivisions with Center Water and Individual Sewer -Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the south side of King's Row Rd. and has approximately 150 feet of frontage. The property slopes downward from the road at approximately 12% to 15%. Native vegetation consists primarily of sage. The property is underlain with shallow basalt requiring extensive excavating and/or blasting. The only completed building is the residence which runs parallel to the road approximately 50 feet deep on the lot. A partially completed garage, the subject of this request, is located between the residence and the roadway. The garage, partially recessed into the slope, consists of a combination of concrete and timber walls. The concrete slab floor is currently plumbed for solar heating. The single peak roof will extend approx- imately six feet above the uphill grade and will be constructed of painted metal. The garage is located six feet, at it closest point, to the front property line. (See enclosed sketch on Page~-> B. Background: In May 1986, the applicant requested and was granted a building permit. In 1987, construction on the garage was commenced. In November 1987, an inspection of the footing and foundation was conducted. At this time, the applicant indicated that the required setbacks, 25 feet front and 10 feet sides, were met or exceeded. Since that time, work has progressed slowly until this year when construction was resumed. During June of this year, enforcement staff visited the site in response to inquiries from neighbors. At that time, staff determined that a possible setback violation existed. • • III. MAJOR ISSUES AND CONCERNS 1) 2) 3) 4) 5) 6) Section 3.02.06 of the Zoning Resolution (Minimum Setbacks-AIR/RD District) specifies a front yard setback from local streets of 50 feet from the street centerline or 25 feet from front lot line, whichever is greater. The partially completed garage is located roughly 6 feet from the front property line at its closest point. The degree of encroachment decreases as the road right-of-way curves to the northeast. Approximately 50% of the build- ing is located within the front setback area. The applicant has stated that the problem arose from a misunderstanding of the regulations. The applicant measured the setback from the edge of the pavement instead of the property line. The applicant (or applicant's son) was under the misconception that the roadway and road right-of-way were synonymous. In addition to the front setback encroachment, there is also an encroachment into the required 10 foot side yard or onto the adjacent lot. The applicant is the owner of the adjacent parcel. However, the applicant is in the process of preparing an amended final plat to adjust the location of the lot lines. Strict enforcement of the setback regulations would require removal of the offending portion of the building. The remaining portion of the building would be limited in utility as a garage. Section 9. 05. 03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: (A) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (B) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (C) That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (D) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. • • V. RECOMMENDATION It appears that the applicant may not be able to meet all the required criteria for approval of a Variance. The Variance may be the minimum necessary and may not cause any public detriment. While the location of the garage appears to be a simple unintentional mistake and non-malicious, it is a self-imposed hardship and not the result of general conditions in the area. Therefore, staff cannot support this request and recommends DENIAL. ,. ' , ' '.:·: ~ M<l\6JC ·) &R~M-'WC>~ L. -: 11" • ~ -0 () ~ f.. I /' . ·"' ' . ' ., . \ \f\ 1'l ~ • ~ - ~ .... ' <. ' ' \ " ; ' • July 13, 1990 GARFIELD COUNTY PLANNING DEPARTMENT 'IO: Don DeFord, Cbunty Attorney FRCM: Andrew c. McGregor, Garfield Cbunty Planner RE: Board of Adjustrrent • Enclosed is a Variance application for an existing setl:ack problem. This matter has been scheduled for a hearing before the Board of Adjustrrent en Thursday, July 26, 1990 at 3:30 PM. In light of sare of the past actions of the Board, perhaps it would be helpful if you could present the Board with a brief surrnation of their responsibilities and authority. Let me know if you would be willing to do this. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 • July 13, 1990 GARFIELD COUNTY PLANNING DEPARTMENT TO: King Lloyd, Road & Bridge Supervisor • FIDM: Andrew c. McGregor, Garfield County. Planner RE: Grewal Variance application Enclosed for yoUl:' review and possible ccmnent is a copy of a Variance application for Jasjit Grew3.l at B7B King's Row above Carbondale. This variance request is a garage located only six (6) feet fran the road right of ...ay. Api:arently, you have had sane interaction in the i:ast with the applicant regarding road right of way encroachnents. This matter is scheduled for a hearing before the Board of Adjustment on Thursday, July 26, 1990 at 3:30 IM. 109 8TH STREET, SUITE 303 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601 July 10, 1990 Jasjit S. Grewal 878 King's Row Carbondale, CO 81623 • RE: Variance Application GARFIELD COUNTY PLANNING DEPARTMENT • Your application for a Variance to allow the construction of a garage within the required front yard setback area on your property at 878 King's Row has been scheduled for a public hearing before the Zoning Board of Adjustment on July 26,1990 at 3:30 P.M., in Suite 302, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you or your authorized representative be in attendance. 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 feet of your property no less than 5 days prior to the hearing. All mailings should be completed no later than July 20, 1990 to ensure compliance. We recommend mailing the notice as soon as possible. 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. Please contact this office, if you have further questions regarding your application or public hearing • . ~/;;~ Andrew C. McGregor Garfield County Planner ACM/be enc. 109 8TH STREET, SUITE 303 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601 --------~~~~~~~~~~~~~~~~-------- • • Public N:>tice TAKE OOl'ICE Th3.t Jasjit s. Gra-ial has applied to the Zoning Board of Mjustment, 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: Lot 38, Kings Row Subdivision filing No. 1 Practical Description: (location with respect to hig!May, county roads and residences) The property is located at 878 Kings Row en the south side of too subdivision which is located 1.5 miles north- east of Catherine's Store off C.R. 102 (Missouri Heights -El Jebel Road.) Said varian::e application is to allow the petitioner to caiplete oon- struction of a garage located in the required frcnt yard setback area. The variance would allow a 6 foot setback instead of the required 25 foot setback on the described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, t:oon you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Mjustrrent will give consideration to the ccmnents 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 DeP3-rtmmt located at 109 8th Street, Suite 303, Garfield Cbunty Cburthouse, Glenir.uod Springs, Cblorado l:etween the hours of 8:00 A.M. and 5:00 P.M., M:>nday throu:Jh Friday. Th3.t public hearing on the application has been set for the 26th day of July, 1990, at too hour of 3:30 P.M., at the office of the Zoning Board of Adjustment, Garfield County Cburthouse, Suite 302, 109 8th Street, Glenwocrl Springs, Colorado. Planning Department Garfield County • APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners name: ..)p.. S ..l IT :S . qf?.SWAL. Owners address: ~-=t 8 IC. I~ G 1S Row, c.A~oNOAr...E, c.o.-e1c,,2e Phone: 1\ /a. ) Practical description of where property is located: h. OT o e , Kl M (,~ 4<.ow ~ '81-fl , Kn.i6S Row &1A.8c1v1s1 oN, M LSS.ou.R.1 ~1G.1+rs,) P~LltJ e, t-J-0, 1. 1 CAR.eoN-:OAL-E-, c..o Lo t5 t k,2..e:,. OPF C.O~ 1. Present zoning: "=>it-!Gtl.E F..0..M l L'-i CWE:..LL.I N&. ~AO ~-:f..-02.. Area: -3 • 4 22 tt,C.. re..s ± 2. Describe variance you are requesting: . ,• • • 4. List all property owners and their addresses within two hundred (200) feet of property as listed in the County Assessor's office for which variance is being requested. Copies of the Public Notice must be mailed to your neighbors by certified return-receipt mail and the receipts presented at the hearing. 6) \.....,e...e., ~t\~ (D <"R~uJ fj~ f.J~ .. ~ °'C2-~~(\~ ~ .. (}", ;;q ~,~ CoJJ> ~o..U 18 L ~23 . '8'1-£> Kifi ?f ~ u.JJAJ (LtYE5.T 6ot.o ER) /I -. 11-, ~ o.J..t., to \,...() -8 l <o 2 3 ~ I @ /;;'\ Ho•t,1·-~.AW~4..J.ffi ~.~~ 8 .\rs.~ l+e:.AA.(l.IN.G~ ~ f6..o><-Q;O~, Q,~1 Co J(.:IZ3 &x&4 S~cx.Qf \tM \+EJtf<..'i::_O ( PN.-~1~) ( 81~ 2.) . s.q::~ib:p::~-s~:i~e=~:~ilities, utP1fil~~f?.J} access to property. (use ad5f ~~onal pages if necessary) CL).liwGlJ~ VJ-ill ~r ~ckJ_~QM.... ~. ~tiG I~~ t;&.J._ d. . 6. Attach a map of legal sized paper or smaller drawn to scale showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within two hundred (200) feet of your boundary. 7. The above nformation is to the best of my knowledge. Applicant 8Af<FI .!';) C..o INN f ~ ~u-t N"€-i ro oA (Lb o-F Ao ;r LA.$ T M e-N 1 ' /' ' • GARFIELD COUNTY APPLICATION FOR BUILDING PERMIT PERMIT NUMBER '3,i5~ DATE '« /11/rj '2. S\'t, / please print or type I TO BE ---ADDRESS SUBDIVISION__,c::J..1~~J.>..!'-""7".C....------::---- FILING # BLOCK # ---::---...L..-"---T AX SCHEDULE # LEGAL (SEC/TWN/RNG) ------------ NAME S NAME C. / E' ADDRESS CITY --------------------PHONE LICENSE # ------ CLASS OF HORI< !IEW ALTERATION ADDITION --------DEM 0 LISH REPAIR MOVE -----MOBILE l/OHE (make/l'IOdel) S .F. OF .. BUILDING ~-t..::f)-:L,,,,,)'._,IS .. F. OF LOT 3-19-f k../ ff OF FWORS HEIGHT f1/ -O 11 # OF FAMILY UNITS # OF BEDROOMS {) CNTENDED USE OF BUILDI~G r.ARAGE: SINGLE DBLv'CARPORT: SINGLE DBL --1-'IREPLACE DOCUMENTS ATTACHED lvATER SUPPLY ------------------DRIVEWAY PERMIT SITE PLAN /---/-------------- llUILDING PLANS __ \/'---------------- >ANITARY SEWER CLEARANCE ------------ 'JN SITE SEWAGE DISPOSAL PERMIT ---------J THE R DOCUMEN7'S (specify) PLOT PLAN NOTE: Show easements, property line dimension: all other structures, specify north, and street name. For odd shaped lots, or if space is too small, provide separate plot plan. # OF BUILDINGS NOW ON PARCEL ~--------USE OF BUILDINGS NOW ON PARCEL -------- FRONT PROPERTY LINE STREET NANE/ROAD NUMBER t1iJt$ Row CHECK IF CORNER LOT DESCRIPTION OF WORK PLANNED ™ l}fQ6, I hereby acknowledge that I have read this application and the above is correct and I agree to comply with all county ordinances and lating building construction lALUATION llz. , ~ tf FOR OFFICE USE ONLY 'ERMIT FEE $ 6<:6 PLAN CHECK FEE ,;:$-'--""--..,=;::;;::-- ''OTAL FEE $ /CJ 3 "'?E.. SCH~L~I/1PACT FEE $ 'ATE PERMIT ISSUED ~--1~'4'-..... ~-~~l'-'t,"'"-------­ ;ONING DIS7'RICT '4' !:(___ I "YPE OF OCCUPANC_Y_r, ~,,.....;~--~,~-------- "YPE Of' CONSTRUCTION -L~....,~~ .. :-~· -----~-- :. F. OF BUILDING tR4t? 'Qs.F. OF LOT 11¢'i-S~u/£_ IAX. HEIGHT rJ-l? 1 ROAD CLASS. ~ :ETBACKS FR?M PROPERTY LINE: FRONT ~__:._;___ :EAR }fVtJ + RIGHT f j' 1.+.-LEFT 8t2 l -f> >FF STREET PARKING SPACES REQUIRED -~J>/~A-~--- 1/>PROVED: FLOOD HAZARD ----------------CERTIFIED BLDG ELEVATION ---------~ SPECIAL CONDITIONS PROBLEMS WITH PERMIT ------------ ADDITIONAL INFORMATION NEEDED -------- CERTIFIED BY COLORADO REGISTERED LAND SURVEYOR OR ENGINEER A/>PROVED:~---------------,-,0:::-- PLANNING DEPAR7'MENT DATE ----·· l~~curlle<l ut __ ·""-~-· __ ____: __ :___,:.:_ ____ o'cluck__j __ M., ---·------~-~-~-,_:__~_J_yl_U_J_ ____________ _ Reception No._i.QZ_l_ _<ztt~ '~ 1f;,~,~====:i KNOW ALL MEN BYTllESE PRESENTS: That, Whereas, BOOK 655 PaGE 6.5 Jasjit S. Grewall byDEEDOFTRUSTdatedthe 3rd dayof May ,1978, and duly recorded in the office of the County Clerk and Recorder of the County of Garfield , in the State of Colorado, on the 9th day of May 19 78 , in book 509 , on page, 640 , (Film No. ---------------, Reception No. 285367 ), conveyed to the Public Trustee in said County of Garfield , certain real estate in said Deed of Trust described, in trust to secure to the orderof Colorado Country's Kings Row the payment of the indebtedness mentioned therein. AND WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied; NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Ti·ust, and in consideration of the premises, and in further consideration of the sum of Five Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of , do hereby remise, release and quit-claim unto the present owner or owners of real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have in and to the said real estate, as such Public Trustee, in said Deed of Trust mentioned; and more particularly described as follows, to wit: Lot Thirty-eight (38), Kings Row Subdivision, Filing No. 1 • situate, lying and being in the County of Garfield and State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging forever. And further, that the said Trust Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal, this 22nd day of August , 19 84. <:'" r-,_ __ (:"'(· (~ -: I ~ ,;; 1 • , ,<( ,.;·.;;. Q ·., '{---· >·--..--~ :_',SE!:.. L ··2 ·,,STATE.Of Q_OLG>lfADO, ' ,.-. ' " 'l'c~p,fyot Garfield The foregoing instrument was acknowledged before me this 22nd day of August , 19 84 , by ·ii~ E1~~1"~'~,?,th . \ . . · .!l"'i~~;: At"'•,,,, Public Trustee in said County of Garfield , Colorado. l .. · i}.. . .' .t,/c M C . . . Aly Ccmm:,,;o:i h;>i1 oo ,\.-ril 21 ' • •\ O .... · ._, ··· y om1n1ss1on expires • ' :: .• / ~ ~j._ :/,~). : , !li:ess my hand~ ind off ial seal. I ,?.:~), ' \\._ ,: ' '· . ·~?., : .. , .... U'/)1 ,,., .: i. ~./. __ ,-_.. - - . ·.. . \; .. ·. . IJ7-/t?, f ' ~·~ht?/.! ·. T~:Puhlic 'frlistee in said C nty of arfieli:I '• .-P.lease .. execute this release, the indebtedness secured by the above mentioned Deed of Trust having been fully paid. Colorado Country's Kings Row \ ... - ----------\93~. 11-82 ----·-·--··-------- RELEASE OF DEED OF TRUST BY THE l'LJBl.IC TRUSTEE. Bradford Publishing, 5R2S W. 6th Ave., 1.akcwood, CO 80214-OOll 2.13-6900 •• \{\ N ~ • 'L -.: ~ U' • ~ c- - () ~ :, l'1 ~ ~ ~ ----- -