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AGENDA
GARFIELD COUNTY BOARD OF ADJUSTMENT
Meeting of March 28, 1991
Suite 302, Garfield County Courthouse
3:30 P.M.
1)Call meeting to order
2)Roll Call
3)Variance from minimum parcel size and setbacks.
Applicant:Dr. James K. Weaver
Location:Located at the north end of C.R. 129 No
Name Road) in No Name approximately 1/2
mile north of the 1 -70 No Name
Interchange.
4)Adjournment
BOA 3 \28 \91
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:Variance from minimum parcel
size and setbacks.
APPLICANT:Dr. James K. Weaver
LOCATION:A parcel of land situated in
Tracts 49 and 50, Section 32,
T5S, R88W of the 6th P.M.;
located at the north end of
C.R. 129 No Name Road) in No
Name approximately 1/2 mile
north of the I -70 No Name
Interchange.
SITE DATA:A 1.65 acre tract of land.
WATER:Community water system
SEWER:I.S.D.S.
ACCESS:C.R. 129
EXISTING ZONING:R /L /SD Residential /Limited/
Suburban Density
ADJACENT ZONING:O/S Open Space) and R /L /SD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in Public Lands /Unclassified
as identified on the Garfield County Comprehensive Plan
Management Districts map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property is located on
both sides of No Name Road at it northern terminus. No
Name Creek forms a portion of the western boundary with
the remainder abutting the county road right -of -way. The
bulk of the property is located on the valley floor,
while a portion consists of the steeper side slopes at
the beginning of the north -south trending canyon.
Improvements on the subject property include three 3)
single family residences with garages and assorted
outbuildings. The property is traversed by waterline
See enclosed maps) and powerline easements City of
Glenwood Springs).
B. Request: The applicants are requesting a Variance to
allow a reduction in the minimum parcel size associated
with the R /L /SD zone district, a reduction int he one
acre minimum parcel size required for individual
wastewater disposal and a reduction in the required
minimum front and side yard setback areas.
C. Background: The residences were originally constructed
on lands leased from the U.S.F.S.The leased land
included four Lots, three developed with residence and
the fourth remaining undeveloped. The subject property
was recently exchanged from federal to private ownership.
A deed was recorded in December 1990. Earlier this
month, the Board of County Commissioners approved a zone
district amendment from O/S to R /L /SD for the 1.65 acre
parcel. The zone district amendment was the first step
in creating separate ownership interests for each of the
four separate parcels. The next step is the approval of
variances for the deviations from minimum standards
outlined in the zoning resolution. The final step is the
subdivision exemption process, which will separate the
parent parcel into separate lots.
111. MAJOR ISSUES AND CONCERNS
1. Section 5.04.03 - Lot Area Restrictions based on Sewage
Disposal Method to be Employed requires that lots less
than one (1) acre in size be serviced by community water
and sewer systems. The proposed lots are served by the
No Name Water System. The residences have existing
wastewater systems that predate County permitting. The
requirement for a minimum of one 1) acre is due to
spatial needs for setbacks for wastewater systems and
property lines, structures, water lines, etc. as well as
protecting groundwater resources.Historically,
individual wastewater systems have been placed on lots as
small as 5000 square feet. Replacement systems could be
located on the three 1/2 acre lots.It is highly
questionable whether Lot 3 is of sufficient size to
house a residence and wastewater system.
2. The recently approved R /L /SD zoning has a minimum parcel
size of 20,000 square feet. Two of the proposed lots
exceed the minimum parcel size. The proposed variance
from Section 3.03.04 would allow the two proposed lots
11,586.96 and 17,424 square feet respectively) that are
substandard. Staff has no major concerns about the
17,424 square foot lot. The smaller lot, 3, has some
severe limitations on potential development. In addition
to the wastewater disposal concerns, the parcel is
bisected by a utility easement. The rear of the lot
forms the base of a talus slope and is consumed by large
boulders. Convential residential development on this
proposed lot would be severely restricted.
3. The third required variance is for reduction in front and
side yard setbacks. The residence on Lot #2 is located
20' from the front property line, 5 feet less than 25'
feet required in Section 3.03.06. This section also
requires a minimum of 10 feet side yard setback. Garages
located on Lots 1, 2 and 4 all encroach into the required
setback area.
4. 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 he 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.
5. These variances were necessitated by limitations imposed
on the applicants by the federal land exchange process.
The applicants had requested greater acreages, but were
only granted a total of 1.65 acres. It appears that the
hardship involved were not self- imposed. The request is
unique in nature, not consistent with surroundingproperties.
6. Staff is concerned that approving variances for proposed
Lot 3 may give the impression that the lot is
developable.With the limitations on the lot,
detrimental impacts may occur to that and adjacent lots.
IV. SUGGESTED FINDINGS
1. That the application for variance was found to be
consistent with the requirements and standards of Section
9.05 of the Garfield County Zoning Resolution of 1978, as
amended.
2. That proper publication and public notice was provided as
required for the public hearing before the Zoning Board
of Adjustment.
3. That the public hearing before the Zoning Board of
Adjustment was extensive and complete, that all facts,
matters and issues were submitted and that all interested
parties were heard at the meeting.
V. RECOMMENDATION
Based on the existence of hardships beyond the control of the
applicants, staff recommends approval of all requested
variances with the exception of those pertaining to that
property described as proposed Lot #3.
THE SIXTH PRINCIPAL - MERIDIAN, COLORADO.
SURVEY AND TRACT SEGREGATION
A history of surveys is container
notes.
This plat represents the retrace',
of the First Standard Parallel Scosboundary), a portion of the ElevcA. J ° 'Meridian West east boundary, T.
the dependent resurvey of a portiTR0.4
Standard Parallel South south beL0.40 . Z N. /5'VWge: aV portion of the Eleventh Guide Merass
boundary. T. 5 5., R. 89 W.). decs.enf' 66 . ETA the corners in their true origin. 0.64
according to the best available c
survey of a portion of the Sectic
5 'Meridian, a portion of the subdiv
and the survey of Tracts 49 and
tr R. 88 W., Sixth Principal Meridia
Wti n All tract segregations shown here
position and form of said tracts
QTR 506 by the United States Forest Servi
1.25 Survey executed by David L. Branh
Mac Donald, Cadastral Surveyors,
May 1, 196i, and completed Octobe,
g pursuant to Special InstructionsJ.;
April 20, 1981, and Supplemental t
Instructions, dated August 2, 198
No. 709, Colorado.
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UNITED STATES DEPARTMENT OF TI
BUREAU OF LAND MANAGEMI
Denver, Colorado
This plat is strictly conformable
field notes, and the survey, havir,
Sec. 35 Sec. 36 executed in accordance with the rc
law and the regulations of this Bt
i .
PRINCIPAL - MERIDIAN, COLORADO.
ACT SEGREGATION
A history of surveys is contained in the field
notes.
This plat represents the retracement of a portion
of the First Standard Parallel South south
boundary). a portion of the Eleventh Guide
4 Meridian West east boundary, T. 5 S.. R. 88 W.),
the dependent resurvey of a portion of the First
R A:.Standard Parallel South south boundary), a9 "portion of the Eleventh Guide Meridian West eastynegrine
n.
the
T. 5 S., R. 89 W.), designed to restore
the corners in their true original locations
according to the best available evidence; the
survey of a portion of the Sectional Guide
Meridian, a portion of the subdivisional lines,
and the survey of Tracts 48 and 50, T. 5 S.,
R. 88 W., Sixth Principal Meridian, Colorado.
c All tract segregations shown hereon represent the
ti position and form of said tracts as designated
by the United States Forest Service.
TR 50$
1.55 Survey executed by David L. Branham and Dean E.
Mac Donald, Cadastral Surveyors, beginning
May i, 1861, and completed October 10, 1883.
pursuant to Special Instructions dated
April 20, 1981, and Supplemental Special
Instructions, dated August 2, 1882, for Group
No. 708, Colorado.t
1 5.44
Wfrittied 1 "`"`4.0 -0- 3 cr i
o Mfl"t 614.44 'V6 i CLa-a -n •
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Denver, Colorado JANUARY 30, 1885
This plat is strictly conformable to the approved
field notes, and the survey, having been correctly
Qpr 1P executed in accordance with the requirements of
Mtn ^ ^u in hnpoh,
4 'ANGLE PT. N1
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v.
County Surveyor Garfield
ANGLE PT, N4
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ketb'Witness •
registered land surveyor 1 ‘ ,
it this plat Is a true,Ir.
as laid out, platted,
le from an accurate survey of BLit CAP FOUNDorrectlyshowsthelocationINPLACE (TYPICAL)
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11,424.00
AGENDA
GARFIELD COUNTY BOARD OF ADJUSTMENT
Meeting of March 28, 1991
Suite 302, Garfield County Courthouse
3:30 P.M.
1)Call meeting to order
2)Roll Call
3)Variance from minimum parcel size and setbacks.
Applicant:Dr. James K. Weaver
Location:Located at the north end of C.R. 129 No
Name Road) in No Name approximately 1/2
mile north of the I -70 No Name
Interchange.
4)Adjournment
BOA 3 \28 \91
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:Variance from minimum parcel
size and setbacks.
APPLICANT:Dr. James K. Weaver
LOCATION:A parcel of land situated in
Tracts 49 and 50, Section 32,
T5S, R88W of the 6th P.M.;
located at the north end of
C.R. 129 No Name Road) in No
Name approximately 1/2 mile
north of the I -70 No Name
Interchange.
SITE DATA:A 1.65 acre tract of land.
WATER:Community water system
SEWER:I.S.D.S.
ACCESS:C.R. 129
EXISTING ZONING:R /L /SD Residential /Limited/
Suburban Density
ADJACENT ZONING:O/S Open Space) and R /L /SD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in Public Lands /Unclassified
as identified on the Garfield County Comprehensive Plan
Management Districts map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property is located on
both sides of No Name Road at it northern terminus. No
Name Creek forms a portion of the western boundary with
the remainder abutting the county road right -of -way. The
bulk of the property is located on the valley floor,
while a portion consists of the steeper side slopes at
the beginning of the north -south trending canyon.
Improvements on the subject property include three 3)
single family residences with garages and assorted
outbuildings. The property is traversed by waterline
See enclosed maps) and powerline easements City of
Glenwood Springs).
B. Request: The applicants are requesting a Variance to
allow a reduction in the minimum parcel size associated
with the R /L /SD zone district, a reduction int he one
acre minimum parcel size required for individual
wastewater disposal and a reduction in the required
minimum front and side yard setback areas.
C. Background: The residences were originally constructed
on lands leased from the U.S.F.S. The leased land
included four Lots, three developed with residence and
the fourth remaining undeveloped. The subject property
was recently exchanged from federal to private ownership.
A deed was recorded in December 1990. Earlier this
month, the Board of County Commissioners approved a zone
district amendment from O/S to R /L /SD for the 1.65 acre
parcel. The zone district amendment was the first step
in creating separate ownership interests for each of the
four separate parcels. The next step is the approval of
variances for the deviations from minimum standards
outlined in the zoning resolution. The final step is the
subdivision exemption process, which will separate the
parent parcel into separate lots.
III. MAJOR ISSUES AND CONCERNS
1. Section 5.04.03 - Lot Area Restrictions based on Sewage
Disposal Method to be Employed requires that lots less
than one (1) acre in size be serviced by community water
and sewer systems. The proposed lots are served by the
No Name Water System. The residences have existing
wastewater systems that predate County permitting. The
requirement for a minimum of one 1) acre is due to
spatial needs for setbacks for wastewater systems and
property lines, structures, water lines, etc. as well as
protecting groundwater resources.Historically,
individual wastewater systems have been placed on lots as
small as 5000 square feet. Replacement systems could be
located on the three 1/2 acre lots.It is highly
questionable whether Lot 3 is of sufficient size to
house a residence and wastewater system.
2. The recently approved R /L /SD zoning has a minimum parcel
size of 20,000 square feet. Two of the proposed lots
exceed the minimum parcel size. The proposed variance
from Section 3.03.04 would allow the two proposed lots
11,586.96 and 17,424 square feet respectively) that are
substandard. Staff has no major concerns about the
17,424 square foot lot. The smaller lot, 3, has some
severe limitations on potential development. In addition
to the wastewater disposal concerns, the parcel is
bisected by a utility easement. The rear of the lot
forms the base of a talus slope and is consumed by large
boulders. Convential residential development on this
proposed lot would be severely restricted.
3. The third required variance is for reduction in front and
side yard setbacks. The residence on Lot #2 is located
20' from the front property line, 5 feet less than 25'
feet required in Section 3.03.06. This section also
requires a minimum of 10 feet side yard setback. Garages
located on Lots 1, 2 and 4 all encroach into the required
setback area.
4. 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 he 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.
5. These variances were necessitated by limitations imposed
on the applicants by the federal land exchange process.
The applicants had requested greater acreages, but were
only granted a total of 1.65 acres. It appears that the
hardship involved were not self- imposed. The request is
unique in nature, not consistent with surrounding
properties.
6. Staff is concerned that approving variances for proposed
Lot 3 may give the impression that the lot is
developable.With the limitations on the lot,
detrimental impacts may occur to that and adjacent lots.
IV. SUGGESTED FINDINGS
1. That the application for variance was found to be
consistent with the requirements and standards of Section
9.05 of the Garfield County Zoning Resolution of 1978, as
amended.
2. That proper publication and public notice was provided as
required for the public hearing before the Zoning Board
of Adjustment.
3. That the public hearing before the Zoning Board of
Adjustment was extensive and complete, that all facts,
matters and issues were submitted and that all interested
parties were heard at the meeting.
V. RECOMMENDATION
Based on the existence of hardships beyond the control of the
applicants, staff recommends approval of all requested
variances with the exception of those pertaining to that
property described as proposed Lot #3.
Ken-0-4.6 6. .s riste)C44105iVe_ 1 rcrosead 60,714
6014'0 1 11,40-•4d.
III
PRINCIPAL -MERIDIAN, COLORADO.
ACT SEGREGATION
A history of surveys is contained in the field
notes.
This plat represents the retracement of a portion
of the First Standard Parallel South south
boundary), a portion of the Eleventh Guide
t Meridian West east boundary, T. 5 S.. R. 88 p.),
the dependent resurvey of a portion of the First
Standard Parallel South south boundary), d
portion of the Eleventh Guide Meridian West east
r oie boundary, T. 5 S., R. 69 W.), designed to restore
the corners in their true original locations
according to the best available evidence; the
y4 survey of a portion of the Sectional Guide
Meridian, a portion of the subdivisional lines,
r.and the survey of Tracts 48 and 50, T. 5 S.,
R. BB W., Sixth Principal. Meridian, Colorado.
f All tract segregations shown hereon represent the
position and form of said tracts as designated
by the United States Forest Service.
TR 50'Survey executed by David L. Branham and Dean E.t1.25h Mac Donald,Cadastral Surveyors, beginning
t May i, 1961, and completed October 10, i983.
pursuant to Special Instructions dated
o
W April 20, 1961, and Supplemental Special
g Instructions, dated August 2, 1982, for Group
i No. 708, Colorado.
r-ro: a 5.44
@.CV
1t
7 itefrI 4 Nafic 4aa.o
I) o,. n' a 614/4 4(.Q,o a-., .
U
e
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Denver, Colorado JANUARY 30, 1885
This plat is strictly conformable to the approved
field notes, and the survey, having been correctly
cop
executed in accordance with the requirements of
9 11-1 -. nnr ^ ^n in hnnnhu
HE SIXTH PRINCIPAL - MERIDI • COLORADO0.
SURVEY AND TRACT SEGREGATION
A history of surveys is contains(
notes.
This plat represents the retraces,
of the First Standard Parallel S(r
boundary), a portion of the Elevts( r
tire ,. 'Meridian West east boundary, T.
the dependent resurvey of a ports
49 o Standard Parallel South south bc.duo 9 `` N./.51/ SCportion of the Eleventh Guide Marct
s'ni
y e the corners in their trueo originu
1/4(4'according to the best available cs/ tic"survey of a portion of the Sectio
Meridian, a portion of the subdiv
n and the survey of Tracts 49 and E.
R. BB W., Sixth Principal Meridia
t
All tract segregations shown here
h position and form of said tracts
by the United States Forest ServiTR50t
w 1.25 Survey executed by David L. Branh
Mac Donald, Cadastral Suryevors, 1
May i, 1861, and completed Octoba,
t pursuant to Special Instructions
t April 20, 1981, and Supplemental
Instructions, dated August 2, 19B
der No. 709, Colorado.
P
n
s J.OI
7
el
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Se, l.ttya CU-LT 01u0 p
UNITED STATES DEPARTMENT OF TI
BUREAU OF LAND MANAGEMI
Denver, Colorado
This plat is strictly conformable
field notes, and the survey, havil,
Sec. 35 Sec. 36 executed in accordance with the rL
law and the regulations of this Bi
ANGLE PT. /1
7 /
r I s
oI N
ANGLE PT. #2--111 3..t1
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Ind not the accuracy of surveys,
51 -101 and 102 (revised).LOTL this __
acturol(
0.493 Ac. ±GareeldkCountySurveyor6PGarfield
ANGLE PT. 04 -0
H TA
Witnessk
registered land surveyor
It this plat Is a true,
as laid out, platted,
to from an accurate survey of
orroclly shows the location B.L.N. CAP POUND
r acid
able regulationsithe s1 PUtACE (IYPIOAL)
a
In
P , 15applicablereulallons CLERK AN!
I day M Gar /lad Th
Ii I 1
BOA 3 \28 \91
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:Variance from minimum parcel
size and setbacks.
APPLICANT:Dr. James K. Weaver
LOCATION:A parcel of land situated in
Tracts 49 and 50, Section 32,
T5S, R88W of the 6th P.M.;
located at the north end of
C.R. 129 No Name Road) in No
Name approximately 1/2 mile
north of the I -70 No Name
Interchange.
SITE DATA:A 1.65 acre tract of land.
WATER:Community water system
SEWER:I.S.D.S.
ACCESS:C.R. 129
EXISTING ZONING:R /L /SD Residential /Limited/
Suburban Density
ADJACENT ZONING:0/S Open Space) and R /L /SD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in Public Lands /Unclassified
as identified on the Garfield County Comprehensive Plan
Management Districts map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property is located on
both sides of No Name Road at it northern terminus. No
Name Creek forms a portion of the western boundary with
the remainder abutting the county road right -of -way. The
bulk of the property is located on the valley floor,
while a portion consists of the steeper side slopes at
the beginning of the north -south trending canyon.
Improvements on the subject property include three 3)
single family residences with garages and assorted
outbuildings. The property is traversed by waterline
See enclosed maps) and powerline easements City of
Glenwood Springs).
B. Request: The applicants are requesting a Variance to
allow a reduction in the minimum parcel size associated
with the R /L /SD zone district, a reduction int he one
acre minimum parcel size required for individual
wastewater disposal and a reduction in the required
minimum front and side yard setback areas.
C. Background: The residences were originally constructed
on lands leased from the U.S.F.S.The leased land
included four Lots, three developed with residence and
the fourth remaining undeveloped. The subject property
was recently exchanged from federal to private ownership.
A deed was recorded in December 1990. Earlier this
month, the Board of County Commissioners approved a zone
district amendment from O/S to R /L /SD for the 1.65 acre
parcel. The zone district amendment was the first step
in creating separate ownership interests for each of the
four separate parcels. The next step is the approval of
variances for the deviations from minimum standards
outlined in the zoning resolution. The final step is the
subdivision exemption process, which will separate the
parent parcel into separate lots.
III. MAJOR ISSUES AND CONCERNS
1. Section 5.04.03 - Lot Area Restrictions based on Sewage
Disposal Method to be Employed requires that lots less
than one (1) acre in size be serviced by community water
and sewer systems. The proposed lots are served by the
No Name Water System. The residences have existing
wastewater systems that predate County permitting. The
requirement for a minimum of one 1) acre is due to
spatial needs for setbacks for wastewater systems and
property lines, structures, water lines, etc. as well as
protecting groundwater resources.Historically,
individual wastewater systems have been placed on lots as
small as 5000 square feet. Replacement systems could be
located on the three 1/2 acre lots.It is highly
questionable whether Lot 3 is of sufficient size to
house a residence and wastewater system.
2. The recently approved R /L /SD zoning has a minimum parcel
size of 20,000 square feet. Two of the proposed lots
exceed the minimum parcel size. The proposed variance
from Section 3.03.04 would allow the two proposed lots
11,586.96 and 17,424 square feet respectively) that are
substandard. Staff has no major concerns about the
17,424 square foot lot. The smaller lot, 3, has some
severe limitations on potential development. In addition
to the wastewater disposal concerns, the parcel is
bisected by a utility easement. The rear of the lot
forms the base of a talus slope and is consumed by large
boulders. Convential residential development on this
proposed lot would be severely restricted.
3. The third required variance is for reduction in front and
side yard setbacks. The residence on Lot #2 is located
20' from the front property line, 5 feet less than 25'
feet required in Section 3.03.06. This section also
requires a minimum of 10 feet side yard setback. Garages
located on Lots 1, 2 and 4 all encroach into the required
setback area.
4. 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 he 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.
5. These variances were necessitated by limitations imposed
on the applicants by the federal land exchange process.
The applicants had requested greater acreages, but were
only granted a total of 1.65 acres. It appears that the
hardship involved were not self- imposed. The request is
unique in nature, not consistent with surrounding
properties.
6. Staff is concerned that approving variances for proposed
Lot 3 may give the impression that the lot is
developable.With the limitations on the lot,
detrimental impacts may occur to that and adjacent lots.
IV. SUGGESTED FINDINGS
1. That the application for variance was found to be
consistent with the requirements and standards of Section
9.05 of the Garfield County Zoning Resolution of 1978, as
amended.
2. That proper publication and public notice was provided as
required for the public hearing before the Zoning Board
of Adjustment.
3. That the public hearing before the Zoning Board of
Adjustment was extensive and complete, that all facts,
matters and issues were submitted and that all interested
parties were heard at the meeting.
V. RECOMMENDATION
Based on the existence of hardships beyond the control of the
applicants, staff recommends approval of all requested
variances with the exception of those pertaining to that
property described as proposed Lot #3.
b5 789
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Postmark r Date MAR 1 2 1991
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2014 Grand Avenue
P.O. Box 550
Glenwood Springs, Colorado 81602
945 -8515
Dr. James Weaver
1717 No Name Road
Glenwood Springs, CO 81601
Date Description Charges Bai. Due.
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GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
March 8, 1991
Dr. James and Mrs. Kathleen Weaver
1717 No Name Road
Glenwood Springs, CO 81601
RE: Variance Request
Dear Dr. and Mrs. Weaver:
Your application for a Variance to allow a reduction in the minimum
parcel size association with the R /L /SD zone district, a reduction
in the one acre minimum parcel size required for individual
wastewater disposal and a reduction in the minimum front and side
yard setback area has been scheduled for a public hearing before
the Zoning Board of Adjustment on March 28, 1991, 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.
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 March 21, 1991, 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.
Since rely, /
Andrew C. McGregor
Planner
ACM/rib
Enclosure
109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601
PUBLIC NOTICE
TAKE NOTICE that Dr. James K. Weaver 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: A parcel of land situated in Tracts 49 and 50,
Section 32, Township 5 South, Range 88 West of the 6th P.M.,
Garfield County, State of Colorado.
Practical Description: Located at the north end of C.R. 129 No
Name Road) in No Name approximately 1/2 mile north of the 1 -70 No
Name Interchange.
Said Variance application is to allow a reduction in the minimum
parcel size associated with the R /L /SD zone district, a reduction
in the one acre minimum parcel size required for individual
wastewater disposal and a reduction in the required minimum front
and side yard setback areas
on the above - described property.
All persons affected by the proposed Variance application are
invited to appear and state their views, protests or objections.
If you can not appear personally at such hearing, then you are
urged to state your views by letter, particularly if you have
objections to such Variance application request, as the Zoning
Board of Adjustment will give consideration to the comments of
surrounding property owners and others affected in deciding whether
to grant or deny the request for the Variance. This Variance
application may be reviewed at the office of the Planning
Department located at 109 8th Street, Suite 303, Garfield County
Courthouse, Glenwood Springs, Colorado between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday.
That public hearing on the application has been set for the 28th
day of March, 1991, 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
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
February 5, 1991
Dr. James and Mrs. Kathleen Weaver
1717 No Name Road
Glenwood Springs, CO 81601
Dear Dr. and Mrs. Weaver:
The following is an outline of the proposed dates for the Public
Meetings /Hearings that are necessary to get the parcels legally
created. If you have any problems with the proposed dates, let me
know as soon as possible. A word of caution, these dates are based
on the success of each previous Meeting /Hearing. If there are any
delays, it will throw things off significantly.
Zone District Amendment Planning Commission March 13
Board of County Commissioners
March 18
Variances Board of Adjustment - March 28
Subdivision Exemption Board of County Commissioners
April 8
Assuming these dates are acceptable, we will proceed with the
noticing requirements. I will send a separate letter explaining
the noticing process for each of the three actions required.
Let me know if any of the dates are unacceptable or if you have any
questions.
Sincerely,
Andrew C. McGregor
Planner
ACM /rlb
109 8TH STREET, SUITE 303 945 -8212/625- 5571/285.7972 GLENWOOD SPRINGS, COLORADO 81601
GARFIELD COUNTY
Sanitatle NI 5908Btiding
Planning
109 8th St. Suite 303
Glenwood Springs, Colorado 81601 DATE QQTelephone303: 945 -8212 / 625 -5571, I l l 1
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VARIANCE APPLICATION
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Pursuant to Section 9.05 of the Garfield County Zoning
Resolutio
applicant owners nam-1 r
request(s) a variance to Section of the Garfield County ZoningResolution
concerning (4942,04,to permit sinq,&, f
in the zone district.
SUBMITTAL REQUIREMENTS:
A. Sketch map: showing all improvements on the site, building sizes,locations, setbacks, and access points.
B. Vicinity map: showing general geographic location.
C. Legal description of site - Copy of Deed of Ownership.
D. Practical description of site - including address.
E. Names and addresses of property owners adjacent to or within 200 ft. of the siteavailablethroughtheAssessor's office)
F. Where applicable: descriptions of domestic water source, sewage disposal, and otherutilityfacilities.
G. Plans and specifications for the proposal.
H. Narrative explaining why the variance is being requested.
I. It should be demonstrated by the above information and statements that, "...where byreasonofexceptionalnarrowness, shallowness or shape of the specific piece of
property at the time of enactment of this Resolution, or by reason of exceptionaltopographicconditionofsuchpieceofproperty, or other extraordinary andexceptionalsituationorconditionofsuchpieceofproperty, the strict applicationofanyregulationenactedunderthisresolutionwouldresultinpeculiarandexceptionalhardshipupontheownerofsuchproperty ". Section 9.05.03)
J. Subject to the above findings, the Board of Adjustment may authorize a varianceprovided:
9.05.03 (1): That the variance granted is the minimum necessary to alleviate
such practical difficulties or undue hardships upon the owner of said property;9.05.03 2): That such relief may be granted without substantial detriment to thepublicgoodandwithoutsubstantiallyimpairingtheintentandpurposeofthegeneralplanorthisresolution;
9.05.03 (3): That the circumstances found to constitute a hardship were not caused bytheapprcant, are not due to or the result of general conditions in the district,and cannot be practically corrected;
K. A $35 fee must be submitted with the application.
PROCEDURAL REQUIREMENTS:
1. Submit applications to the Garfield County Department of Building, Sanitation andPlanningnolaterthanthelastFridayofthemonthinordertobeincludedonthefollowingmonth's agenda.' Regular meeting of the Zoning Board of AdjustmentscheduledonthefourthThursdayofeachmonth.
2. You will receive, from the Planning Department, a "Public Notice Form" indicating thetimeanddateofyourhearing.
3. Notice by publication (of the public notice form) shall be given once in a newspaperofgeneralcirculationinthatportionofthecountyinwhichthesubjectpropertyislocated, at least fifteen 15) days prior to the date of the public hearing, andproofofpublicationshallbepresentedatthehearingbytheapplicant. Section9.05.04.(1)
4. Notice by mailing of the public notice form) shall be sent by certified .return - receipt mail to all owners of all property within two hundred (200) feet of
the subject property at least five 5) days prior to the hearing, and the return
receipts showing receipt of notice shall be presented at the hearing by theapplicant, unless the applicant is able to otherwise show evidence of adequate noticetosuchowners. Section 9.05.04.(2)
The above and attached information is porrect and accurate to the best of my knowledge.
signatures of applicant and owner)
7APPLICANT: /a m F q taa /C !^PHONE qrs k' 4 A i ( s) Syr V'S/>7( /
MAILING ADDRESS:mA Ar r /B /Ls ` 4 F /cp
OWNER: 5_ez-,PHONE
if different from above)
MAILING ADDRESS: