HomeMy WebLinkAbout1.0 ApplicationGARFIELD Cc1UNTY 0
D Sanitation
D Building
~lanning
109 8th St. Suite 303
Glenwood Springs, Colorado 81601
Telephone 303: 945-8212 / 625-5571
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t
TIME:
PLACE:
DATE:
GARFIELD COUNTY BOARD OF ADJUSTMENT
MEETING
AGENDA
3:30p.m.
Garfield County Courthouse, Suite .3!!l
Thursday, April 30, 1992
I)
2)
3)
4)
5)
Call meeting to order
Roll Call
Approval of Minutes:
Meeting #156, July 27, 1989
Meeting #157, August 28, 1989
Meeting #158, October 26, 1989
Meeting #159, March 22, 1990
Meeting #160, May 24, 1990
Public Hearing for a Variance from Section 3.04.06 -Minimum
Setback R/L/UD Zone District
Applicant: Edward and Phyllis Godfrey
Adjournment
'
BOA 4/30/92
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER/SEWER:
ACCESS:
EXISTING AND ADJACENT ZONING:
I. DESCRIPIION OF THE PROPOSAL
Variance from Section 3.04.06 -
Minimum Setback R/L/UD Zone
District
Edward and Phyllis Godfrey
Lot 14 Block 3 Western Hills
Subdivision; located at the corner of
Donegan Road and Chapparal
Circle in West Glenwood Springs.
The lot is roughly 8500 square feet
in siz.e.
Community water and sewer.
Driveway onto C.R. 130.
R/L/UD
A. Site Description: The subject properly is a residential lot in the Western Hills
Subdivision. Improvements on the property include a single-story home and a
detached woodshed. At the west end of the lot is a driveway heading north olT
Donegan Road (see improvements location certificate on page • 3-).
B. Request: The applicants are requesting a variance from the required twenty-five
foot (25') front yard setback on the east side of the lot along Chapparal Circle
to allow the construction of a two (2) car garage. The proposed garage will
encroach roughly seven (7) feet (see letter on page -4 · ) into the required
yard.
II. MAJOR ISSUES AND CONCERNS
1. Section 3.04.06 (Minimum Setbacks-R/L/UD) requires a setback of twenty-five
feet (25') from the front lot line or fifty feet (50') from the street centerline,
whichever is greater (see enclosed on page • ~-).
2. Section 5.05.03 (Yards-Supplemental Regulations) states that the following
requirements shall be observed in all zone districts, "On lots bordered on two (2)
contiguous sides by streets, the required front yard setback shall be observed
along both streets.
-\ -
3. In the application, the applicant states that there is no other site on the lot to
build a garage. In addition, the proposed garage site has been moved to the
north to minimize the proposed encroachment and preserve visibility at the
intersection.
4. Section 9.05.03 states that "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 Board may
authorize a variance. In addition, the Board must also find that:
A. That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardship upon the owner of said property;
and
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; and
C. That the circumstances found to constitute a hardship were not caused
by the applicant, are not due to or the result of general conditions in the
district, and cannot be practically corrected; and
D. That the concurring vote of four (4) members of the Board shall be
necessary to decide in favor of the applicant.
5. Staff concurs with the applicant that relocating the driveway would be preferable
from a safety standpoint. This is not a goal or criteria for considering a
variance, however.
6. In staff's opinion, there is not "exceptional narrowness, shallowness or
shape" on this property, nor are there exceptional topography or other
conditions. This is a conventional lot, typical of other lots in the area.
III. SJ JGGESTED FINDINGS
I. That the application for Variance was not 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.
IV. RECOMMENDATION
Staff feels that the circumstances do not warrant the granting of a variance. While the
applicant may not beableto construct a two-car garage as requested, somedevelopable
area remains on the lot where a garage could be constructed. Unfortunately, the
original siting of the residence on the lot did not contemplate the addition of a garage.
Therefore, staff recommends denial of the request.
' '
• IMPROVEt.,..:.NT LOCATION CE~,. lflCATE
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0461 COUNTY ROAD 130
PROPERTY DESCRIPTION
LOT 14, BLOCK 3, WESTERN MILLS SUBDIVISION
COUUNTY OF GARFIELD, STATE OF COLORADO.
IMPROVEMENT LOCATION CEllTIFICl\TE
I HEREBY CERTll'Y Tlll\T THIS IMPROVEMENT LOCATION C!>RTlrlCATE WAS PRE-
PARED l'Oll MICHAEL J. & CHERYL L. sos , THAT IT IS NOT I\ LAND SURVEY
PLAT Oil IMPROVEMENT SURVEY PLAT, /\ND Tl-11\T IT IS NOT TO llE RELIED UPON
FOR THE ESTABLISHMENT 01' l'ENCE, DUILDING, Oil OTHER FUTURE IMPROVEMENT
LINES. -
I FURTHER CERTIFY TllAT Tl-IE IMPROVEMENTS ON TllE A llOVE DESClllllED Pl\llCEL
ON THIS Dl\TE, 07/13/89 , EXC!>PT UTILITY CONNECTIONS,
ARE ENTIRELY WITHIN Tl-Ill llOUNDARIES or Tl-IE PARCEL, EXCEPT l\S SHOWN,
THAT THERE /\RE NO ENCROl\Cl-IMENTS UPON THE DESClllllED PREMISES DY IM·
PllOVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, /\ND THAT
Tl-IERE IS NO APPARENT EVIDENCE Oil SIGN or /\NY E/\SEM~t./i;r.,,,MROSSING Oil
. BURDENING ANY PART OF Sl\ID PARCEL, EXCEPT AS NOTllD. #''"~1~nncN'"'"''Q. ~ ~c;, •••• • Sf'>~ ~ ~V. ••'b1S rt;.:•, "1~0.~ ~ ~-'q.'"(.. ·r~ • ~'*.
IT IS mmEBY STATED TllAT 1'111il STllllO-If ... 0... ~
TURES l.OOATF.l> ON TllP. ABOVE llEflClllUP.l> ii \-/ 16~4 2 \ ~
PROPl!lR1'Y AllP. N01' l.OCA'l'lill> WITlllN 1'111il iP i -: =
100 YEAR Fl,000 llAZARO UOUNDAllY. D • . . :-
' Suire 205. Villnr,c Pln7.R • Glcnwoorl Sprir1g.1, CO lllliOI [
"8',0ts~~?,;J.i:itff,q~e~~'N\Wi'lf~~-~.::r.cw~Vll!\':"Cl~A,\','$~;,·-!" .. utH'fl!t'$~'-'"'~~!..'!.!l7.i!1:1~~~-'
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
109 8th STREET
GLENWOOD SPRINGS,CO 81601
Dear Members of the Board,
We own the southwest corner lot at the intersection of Chapparal
Circle and 130 Road in the Western Hills Subdivision in West
Glenwood Springs.
We would like to build a 2 car garage on the East side of the
property, however due to the 25 foot setback on that side of the
lot , and also a 25 foot setback on the South side of the lot,
the remaining area for a garage is too small.
There is no other site on the lot to build a garage.
We have shortened the garage to 22 Feet in depth and moved to the
North to minimize the proposed encroachment on the setback, and
preserve visibility at the intersection.
By having access to the garage from a much less used street
(Chapparal Circle Vs 130 Road), the traffic situation will be
improved.
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R/LISD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to lhe provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESJDENTIAL/LIMITED/URDAN DENSITY
Uses. by riJ:hl: Single-family dwelling and customary nccessory uses;
including buildings for sheller or enclosure of animuls or properly
accessory to use of the lot for single-family residenlinl purposes und
fences, hedges, gardens, walls and similar landscape features; park.
Uses, conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses, special: Two-family dwelling, studio for conduct of arls and crnfls,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Area: Seven thousand five hundred (7500) square feel and
as further provided under Supplementary Regulations.
Mnximum Lot Coveroge: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) orlerial streets: seventy-five (75) feel from street
centerline or fifty (50) feet from front lot line, whichever is grenter; (b)
local streets: fifty (50) feet from street centerline or twenty-five (25) feet
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the
height of the principal building, whichever is greoter.
Maximum Height of Buildings: Twenty-five (25) feet.
Maximum Floor Area Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulntions).
R/G/SD --RESIDENTJAI)GENERAL/SUDURDAN DENSITY
Uses, by right: Single-family, two-family 11nd multiple-family dwellings,
boarding and rooming house, and customary accessory uses including
buildings for sheller or enclosure of animals or properly occessory lo use
s-
ZONING BOARD OF ADJUSTMENTS
109 8th S'l'REE'.L'
SUITE 303
GARFIELD COUNTY COURTHOUSE
GLENWOOD SPRINGS, CO. 80601
May 5, 1992
Glwnd Spgs, Co,
We are protesting the Variance 'Of the Edward and Phyllis
Godfrey property at Donegan Roa,d and Chapparrel Circle.
The street is not very wide ancJi this would cause a saftey
hazard in the area. ·
'
'.L'he 25' variance in the orginial development was left for
the widening of the street, pro,viding on street parking.
I feel this defeating the orginial plan of the development.
Those of us who purchased in t~is development took this
in to c onsi dera ti on at the ti me lof purchase.
We feel if they want a garage ~or their vehicles it could
be built and stay within the cqde.
JJne & Donald Dortch
0~79 130 Rd.
Glenwood Springs, Co.
(Ddnegan Road and Chaparrel Circle)
i
ZONING BOARD OF ADJUSTMENT
GARFIELD COUNTY
STATE OF COLORADO
DEAR BOARD MENBERS;
ROBERT DARIEN
0019 CHAPARRAL
GLENWOOD SPG.
I AM WRITTING TO EXPRESS MY CONCERN OVER THE VARIANCE
FOR THE CORNER LOT OF C.R. 130 <DONEGAN> AND CHAPARRAL IN
WEST GLENWOOD. MY PROPERTY IS ADJACENT TO THE AFORE
MENTIONED PROPERTY.
I HAVE SEVERAL AREAS OF CONCERN. THE FOLLOWING ARE THE
AREAS I SEE AS THE MAIN PROBLEMS.
THE INCREASE IN TRAFFIC AT THE MAIN INTERSECTION OF OUR
STREET WILL CAUSE SAFTY PROBLEMS BOTH WITH AUTOMOBILES AND
THE NUMBER OF CHILDREN THAT USE THE STREET. I ALSO SEE
PROBLEMS WITH CARS BACKING OUT OF THE DRIVEWAY WITH LIMITED
VISIBILITY.
THE VARIANCE WILL MEAN A LOSS OF STREETSIDE PARKING. OUR
NEIHBORHOOD ALREADY HAS A SHORTAGE OF USABLE PARKING SPACES.
THE SNOWPLOWS USE THIS SIDE OF THE STREET TO PLOW OUT
THE INTERSECTION. DURING WINTERS OF LARGE SNOW FALLS, THE
EFFECTED AREA HAS HAD LARGE PILES OF SNOW. THEY WOULD HAVE
TO FIND A DIFFERENT AREA TO PLOW THE SNOW.
I AM VERY CONCERENED ABOUT THE POSSIBLE USE OF THE
GARAGE FOR COMMERICAL VENTURES. THE SIZE APPEARS EXCESSIVE
FOR JUST A TWO CAR GARAGE.
I FEEL THAT THE VARIANCE WILL ALSO DECREASE THE VALUE OF
MY PROPERTY. ONE REASON I PURCHASED MY•PROPERTY WAS FOR THE
VIEW. I NOW LOOK OUT OF MY MAIN LIVINGROOM WINDOW AND SUN
DECK AT THREE LARGE ANTENNAS. COUPLE THAT WITH A THE ROOF OF
A LARGE GARAGE WITH VEHICLES <AND THE POSSIBILITY OF A
WORKSHOP) AND IT BECOMES A NEGATIVE SALES FACTOR.
FOR THE GOOD OF THE WHOLE NEIGHBORHOOD I WOULD ASK YOU
TO PLEASE DENY THE APPLICATION FOR THE SAID VARIANCE WHICH
ALLOWS FOR THE REDUCTION OF THE STREET SIDE SETBACKS.
RESPECTFULLY,
~~
ROBERT DARIEN
1429 Grand Ave. #103
Glenwood Springs, CO 81601
OFFICE: (303) 945-8626
FAX: (303) 945·4026
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MUI
I. LOUIS TRAPANI
Sales Associate
DHA.Y~o.
REALTORS@
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818.i
2014 Grand Avenue
P.O. Box550
Glenwood Springs, Colorado 81602
945-8515
Leo Jammaron
4915 Hwy 82
Glenwood Springs, CO 81601
Description
38 Lines fb .43
Legal #23899
Charges
$16.34
-~ _ J.~ _ _ _ _ _All Ac~~un~• R_"!_•nd_~~ya~1e ~()lllhlY
Bal. Due.
$16,34
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PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
COUNTY OF GARFIELD.
SS.
~ ;... .
N~ 23899
I, .................. R9..\1g;r..L.Ki:.~ .. c..~.l..CJ.W ................................... do solemnly
swear that I am ............. :P..t1.1>..l..~.:S..tt."'.:r:........................................... 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 v.1 ithin 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 ...... J ....... consecutive insertions; and that the first pub-
lication of said notice was in the issue of said newspaper dated
A.P..r.J .. 1... .. l.9-................ .A.D., 19 .. 9..2 ... ., and the last publication of said
. · h · f 'd d d Apr i 1 1 6 AD notice was in t e issue o sai newspaper ate ... ...................... . ..
19 ... 9..2 ....
In witness whereof I have hereunto set my hand this ..... .1..~ .. ! .. tt ....
day of ............ A.P..r.J.:L ............. ::;;:::: ..... ~
7 ,, '7
Subscribed and sworn to ];lef6re me, a notary public in and for the
County of Garfield, State of Colorado. this ............ J.§.t.11 ............... day
A -l a~ ~.,. ........ P..r..:i:,:_ .............................. A.D .. 19 ..... 7. ..... .
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0461 COUNTY ROAD 130
PROPERTY DESCRIPTION
LOT 14, BLOCK 3, WESTERN MILLS SUBDIVISION
COUUNTY OF GARF IELO, ST ATE OF COLORADO.
IMPROVfiMENT LOCATION CERTIFICATE
I HEREDY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PRE-
PARED FOR MICHAEL J. & CHERYL L. sos , THAT IT IS NOT A LAND SURVEY
PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO llE RELIED UPON
FOil THB ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT
LINES. .
Suite 205. Villnr.c Plnza • Glcnwoorl Sprlrrg.1, CO lllliOI
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'• -.. .. ..
I • :N
CHAPARRAL CIRCLE CURRENTLY HAS:
1) 14 driveways opening ONTO CHAPARRAL.
2) At least 33 cars belonging to homeowners living on Chaparral.
3) At least 19 children ~ only 3 of them over the age of 15
and 13 of them only 3 houses up from the Godfrey residence.
4) This street in only .2 of a mile long.
'l ..,.,,
O'I~ t>'f61
,!: ' .
1co' ------llH'
t•~·•r ROAD 110
I.I ><. t'M.IH..N I I. . - -
_, i.'-V. VI -ooc. llZ03BZ7
e__..· .<•ROTZCTIVE COVENANTS
To Run with the La11d Commonly Known and .?latted as
y; estei·n Hills Subclivision, Garfield County, Colorado
We, th" undersigned, JAMBS V. MINOR, JR,, JAMES V, MINOR, PAUL .
J. ENGi!:LB~'\.£CHT, LEONP.RD E, Rl?PY and WILLIAM G, RIPPY, being all of
the owners of that tract of land hereinafte~ described, do hereby covenant and -·
agroe that the uee 0£ ~!lid t>'D.ct. of land shall be 1·est-:i.cted by the terms and
conditions hereinafter set forth. in this 'declarat~on of protective covenants, and
that any and all conveyances of lots fo said subdivision shall be made subject to
sucl1 terrc,s, conditions and protective covenants, said covenants being cort-.mon
to all of the lots in said subdivision, excepting those lots s·;>ecifically excluded
from the operation of these covenants as hereinafter more particularly set forth.
w~ hereby fui·ther covenant and agree that said i·estrictive covenants shall be
binding upon ourselves, our heirs, executors, administrators, personal
reprcs.entatives and assigns,
T)1c tract of land to be affected hereby is known as Wes.te;·n Hills
Subdivision in Garfield County, Colorado, and is described as follows, to-wit:
A tract of land situate in and being a part of the SEtSVlt and the swtsE~
'of Section 3'!, Township 5 South, Range 89 West of the 6th P. ivi,, more
particularly described as follows: Beginning at the Witness Corner to the South
\uarter-Corner of said Section 3'J, as the 1)oint of beginning, thence 5, 89°50 1 W.
a distance of 1007.15 feet, thence N. 0°10 1 W. a distance of 78'•· 50 feet; thence
N. 78°55 1 E. a distance of 192. 99 feet; thence N. 74°50 1 E. a distance of
167, 67 foGt; th<lnce N. 69•321 E, a distance of Zll, 9Z foet; thence N. 7Z 0 4Z 1 E.
a clistance of 2.35. 97 feet; thence S. 88°39 1 E. a distance of 75, 00 feet; thence
S. 89°28' E. a distance of 15&. 2.6 feet; thence N.,'16°14 1 E. a distance of
303. 08 feet; thence N. 89°50 1 E. a distance of 1168. 80 feet; thence S. 0°01 1 V•.
a distance of 12.94. 70 feet; and thence S. 89°50 1 W. a distance of 12.50, 01 feet to
the point of beginning.
· The protective covel'!ants-~o"i·ul} with··the land above described are as
follows: .' : · .'. . · •' .... · · " ·•
l. The lots in said subdivision shall J:e used for residential purposes only
and foi· no other purpose whatsoever; and no buildings shall be erected, altered,
placed or permitted to i·emain on any lot (or lots if more than one lot is used as
a single building site) other than ~me detached single-family dwelling not to
exceed one and one-half stories in height, and a private garage for not mo1·e than
~wo cars.
2.. No. buil~ing shall be erected, placed or altered on any lot until the
cons tructio'n plans 'and1 specifications. and a plan showing the location of the
structu1·e, have been approved by the A·rchitectural Control Committee, h~rein
after named, as to quality of wo1·kmanship and materials, harmony of external
design with the existing structures, and location with respect to topography and
fii;ish gi·ade elevation.
3. No dwelling shall be permitted to be constructed or placed on a11y lot
at a cost of less.than $10, 000, 00 based upon cost levels prevailing on the date of
these covenants, it being the intention and purpose of these covenants to assure
that all dwellings shall be of a quality of workmanship ancl materials substan-
tially the same 01· better than that which can be produced on the date these
covenants are executed at the minimum cost stated heljein for the minimum
permitted dwelling size, . The ground floor area of the· main/ structure, exclusive
(continued)
..
;_,ocumcnt No. 203827 (continued)
/ of one story or,.en porches and garages, s.hall be not less than l, 000 square feet for
· a one story dwelling, and not less than 900 square feet for a dwelling of more than
one story.
1, No building shall be located on any lot nearer than 30 feet to the front
~o_C; line, or nearer th~ 5 feet to the siQ.e_:ttA:eetJ_inl!_. No. building shall be lo·
catcd nearer than 5 feet to an interior lot line, (or side boundary of any single ··
buildi11g site using more tha11 011e lot) excepting that no side yard shall be
required for a garage. No dwelling· shall be located on any lot nearer tha11 25 feet
to the rear lot line. For the purposes of this covenant, eaves, steps, and open
porches shall 11ot be considered as a part of the building, provided however that
this shall not be construed to perm·it any portion of a building on a lot to
encroach upon another lot.
5. Easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat and over the rear 10 feet
.,
o! each lot. ·
6, No noxious or offensive activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance
to the neighborhood,
7. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuildings of any descr'iption shall be used on any
lot at any time as a. residence, either temporarily or permanently.
8. No animals, liv<istock or poultry of any kind shall be raised, bred or
kept on any lot, excepting that dogs, cats or other household pets may b<i kept
the re on, provided that they are not kept, bred or maintained for any commercial
purposes.
9. The Architectural Control Committee for the purposes of these
restrictive covenants shall be James V. Minor, Sr., James V. Minor, Jr,, and
Leonard E. Rippy, all of Glenwood Springs, Colorado, and a majority of said
con•mittee may designate a reprey:mtativ.:: to act for it. In the event of death or
resignation of any member of said committee,_ the remaining members shall have
full authority to designate a successor. Neither the members of the committee,
nor its designated representative, shall be entitled to any compensation for
·services performed pursuant to·_this covenant. At any time, the then record
owners of a majority of the lots' in said subdivision shall have the power through
a duly i·ecorded written instrument to change the membe-rship of the committee,
or to withdraw from. the committee, or to restol'.e to it any of its powers and
duties,
10. The Committee's approval or disapproval as required by these
covenants shall be in writing. In the event the Committee, or its designated
representative, fails to approve or disapprove any plans and specifications
submitted to it w~thin 30 days after receipt thereof, or if no suit to enjoin the
construction 'of the p1·ciposcd dwelling has been commenced prior to the expiration
of 30 days after the commencement of c"onstruction, approval will not. thereafter be
required and the related covenants involved shall be deemed to have been fully
complied with,
l l, No sign or signs of any kind shall be displayed to the public view on
any lot, excepting one professional sign of not more than l square foot, one sign
of not more than 5 square iJ">et; aq.v.ertising the property for sale or rent, or a
sign or signs used by· a builder or con.tractor to advertise the property during the
const1·uction and sale.
12. No oil ddlling, or other development operations, oil refining,
quarrying, or mining operations of any kind shall be permitt_ed upon any lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon
. (continued)
/ .. / ...
Document No. 203827 (continued)
any iot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be
pc»mi•tcd upon or in any lot. No derrick or other structure designed for use in
drilling for oil or natural gas shall be erected, maintained or permitted upon
any lot.
13, No lot shall be used or maintained as a dumping ground for rubbish
or trash of any kind, and all garbag·e, ·trash or other waste materials shall not be
kept upon such lots except in sanitary containers, All incinerators or other
equipment for the stoi:age or disposal of such material shall be kept in a clean and
sanitary condition,
1'1. These covenants are to run with the land and shall be binding upon all
pc.rties and all persons clc,iming under them for a period of twenty-five years from
'he date hereof, after which time said covenants shall be automatically-extc~ded ·
f.Q£ successive periods of ten years each, u11less and until an instrument signed
by~~na]o1:'ity or-tfietifun own~;;,-~fth~-lots in said subdivision has been duly
recorded and provides for a change in said covenants either in whole or in part.
15. Enforcement of any of these covenants shall be by proceedings at law
or in equity against any person or persons violating or attempting to violate any
such covenant, and may be an action to restrain such violation or to recover
damages.
16. Invalidation of any one of these covenants by judgment or Court order
shall in no manner affect any of the other provisions which shall thereafter
remain in full force and effect.
17. The following lots in said subdivision are hereby specifically
excluded from the operation and effect of these protective covenants, to-wit:
In Block 4: Lots 13, 14, 15, 16, 17 and 18;
In Block 7: Lots 5, 6, 7, 8,. 9, 10, ll, 12, 13, 14, 15 and 16;
In Block 8: Lots 3 and 4;
In Block 9: Lots 10, 11, 12, 13, 14, 15, 16, 17 and 18.
Dated and signed at Glenwoo,d Springe,, Co.lorado, this 22nd day of
December, A. D. 1958. ..i • ·•
/ s/ James V. Minor
James V. Minor
Paul J. Engelbrecht
lv/ Paul J. Engelbrecht
His Attorney in Fact
BY: James V. Minor
STATE OF COLORADO,.: )'
) 6 s.
COUNTY OF GARFIELD )
Is/
Is/
Is/
James V, Minor, Jr.
James V. Minor, Jr,
Leonard E. Rippy
Leonard E. Rippy
William G. Rippy
William G, Rippy
The above and foregoing instrument was acknowledged before me this 22nd
dr.y o! Dccemb"r, A. D. 1958, by JAMES V, MINOR: JAMES V, MINOR, JR,,
LEONARD E. RIPPY: WILLIAM G, RIPPY: and JAMES V. MINOR, As Attorney
In Fact for PAUL J, ENGELBRECHT,
Witness my hand and notarial seal.
My commission expires July 29, 1961,
Emma C, Blanc
Notary Public
' . I '
Filed !or record December 23, 1958 at 2:35 o'clock P. M., and t<.><nr-main
nr, Ji 1_o.
CHAPARRAL CIRCLE CURRENTLY HAS:
1) 14 driveways opening ONTO CHAPARRAL.
2) At least 33 cars belonging to homeowners living on Chaparral.
3) At least 19 children -only 3 of them over the age of 15
and 13 of them only 3 houses up from the Godfrey residence.
4) This street in only .2 of a mile long.
----~--
II
'l
~'f·
0'1'19 ...
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-·UH' J,.l,•S"'W.-/.f,s'A~• • .__ ...... _...._...-..:;....__ • • -•
110 I·
Sntr.r _. c .... .,... J . _
ZONING BOARD OF llDJUSTMEllT
GARFIELD COUllTY
STATE OF COLORADO
DEAR BOARD MENBERS:
ROBERT DARIEN
0019 CHAPARRAL
GLENWOOD SPG.
I AM WRITTING TO EXPRESS MY CONCERN OVER THE VARIANCE
FOR THE CORl~ER LOT OF C.R. 130 <DONEGAN> AND CHAPARRAL IN
WEST GLENWOOD. MY PROPERTY IS ADJACENT TO THE AFORE
MENTIONED PROPERTY.
I HAVE SEVERAL AREAS OF CONCERN. THE FOLLOWING ARE THE
AREAS I SEE AS THE l1AJN PROBLEMS.
THE INCREASE Ill TRAFFIC AT THE MAIN HITERSECT!otl OF OUR
STREET WJLL CAUSE SAFTY PROBLEMS BOTH WITH AUTOMOBILES AND
THE NUMBER OF CHILDREN THAT USE THE STREET. I ALSO SEE
PROBLEMS WITH CARS BACKING OUT OF THE DRIVEWAY WITH LIMITED
VISIBILITY.
THE VARIANCE WILL MEAN A LOSS OF STREETSIDE PAP.KING. OUR
NEIHBORHOOD ALREADY HAS A SllORTAGE OF USABLE PARKING SPACES.
THE SNOWPLOWS USE THIS SIDE OF THE STREET TO PLOW OUT
THE INTERSECTION. DURING WHITERS OF LARGE SNOW FALLS, THE
EFFECTED /\RE/\ HAS HAD LARGE PILES OF SNOW. TllEY WOULD HAVE
TO FIND A DIFFERENT AREA TO PLOW TllE SNOW.
I AM VERY CONCEREflED ABOUT THE POSS! BLE USE OF THE
GARAGE FOR COMMERICAL VENTURES. THE SIZE APPEARS EXCESSIVE
FOR JUST A TWO CAR GARAGE.
I FEEL THAT THE VARIANCE WILL ALSO DECREASE TUE VALUE OF
MY PROPERTY. ONE REASON I PURCHASED MY•PROPERTY WAS FOR THE
VIEW. I NOW LOOK OUT OF MY MAIN LIVINGROOM WINDOW AllD SUH
DECK AT THREE LARGE MITENllAS. COUPLE THAT WITH A THE ROOF OF
A LARGE GARAGE WITH VEHICLES <AND THE POSSIBILITY OF A
WORKSHOP> AND IT BECOMES A NEGATIVE SALES FACTOR.
FOR THE GOOD OF THE WHOLE NEIGHBORHOOD I WOULD ASK YOU
TO PLEASE DENY THE APPLICATION FOR THE SAID VARIANCE WHICH
ALLOWS FOR THE REDUCTION OF THE STREET SIDE SETBACKS.
RESPECTFULLY,
ROBERT DAR I Ell
.. i'tO. Vt -Doc, llZ0382.7
~-.<•ROTZCTIV:8 COVENANTS
To Run with the Land Commonly Known and .:ilatted as
v; astern Hills Subclivision, Garfield County, Colorado
We, the undersigned, JAMES V. MINOR, JR,, JAMES V, MINOR, PAUL .
J, ENG2LB~ZBCHT, LEONARD E, Rl??Y and WILLIAM G, RIPPY, being all of
the owners of that tract of land hereinafter described, do hereby covenant and ·
ag1·0" that th" use 0£ said tn>.ct .of land shall be rest~ictcd by the terms and
conditions hereinafter set forth in this 'declarat~on of protective covcna11ts, anc.l
that any and all conveyances of lots· fo said subdivision shall be made suhject to
such terrc~s, conditions and protective covenants, said covenants being corn.mon
to all of the lots in said subdivision, excepting those lots specifically excluded
from the operation of these covenants as hereinafter more particularly set forth.
w~ hereby fu1·ther covenant and agree that said restrictive covenants shall be
binding upon ourselves, our heirs, executors, administrators, personal
reprcs.entatives and assigns,
T)1c tract of land to be affected hereby is known as Wes'te;·n Hills
Subdivision in Garfield County, Colorado, and is described as follows, to-wit;
A tract of land situate in and being a part of the SEtswt and the SWtSEt
'of Section 3~, Township 5 South, Range 89 West of the 6th P. iv!., more
particularly described as follows: Beginning at the Witness Corner to the South
(uarter-Corner of said Section 34 as the l,oint of beginning, thence S. 89°50 1 W.
a distance of 1007. 15 feet, thence N. 0°10 1 Vi. a distance of 78:.. 50 feet; thence
N, 78°55' E. a distance of 192. 99 feet; thence N. 74°50 1 E. a distance of
167. 6'/ foct; thence N, 69°32 1 E. a distance of Zll. 92 foet; thence N. 72°42 1 E,
a distance of 235. 97 feet; thence S. 88°39 1 E. a distance of 75. 00 feet; thence
S. 89°2.8' E. a distance of 156, 26 feet; thence N./16°14 1 E. a distance of
303,08 foet; thence N. 89"50 1 E. a distance of 1168, 80 feet; thence S. 0°01' W.
a distance of 129<1, 70 feet; and thence S. 89°50 1 W. a distance of 1250. 01 feet to
the point of beginning,
· The protective covenants"~o''rul} with .. the land above described are as
. . ,..,, ..... . ' . follows: .' · · ·· " · •
l. The lots in said subdivision shall be used for residential purposes only
and for no other purpose whatsoever; and no buildings shall be erected, altered,
placed or permitted to remain on any lot (or lots if more than one lot is used as
a single building site) other than ~me detached single-family dwelling not to
exceed one and one-half stories in height, and a private garage for not more than
~wo cars.
2. No bui1ding shall be erected, placed or altered on any lot until the
construction' plan:s ·and' specifications, and a plan showing the location of the
structure, have been· approved by the A>rchitectural Control Committee, herein-
after named, as to quality of workmanship and materials, harmony of exte:::-nal
design with the existing structures, and location with respect to topography and
finish grade elevation.
3. No dwelling shall be permitted to be constructed or placed on any lot
at a cost of less than $10, 000. 00 based upon cost levels prevailing on the date of
these covenants, it being the intention and purp.ose of these covenants to assure
that all dwellings shall be of a quality of. workmanship and materials substan-
tially the same o•· better than that which can be produced on the date these
covenants are executed at the minimum cost stated heljein for the minimum
permitted dwelling size •. The ground floor area of the· main/ structure, exclusive
· (continued)
'.
/oc~ment No. 2.0382.7 (continued)
~ / of one story open porches and garages, s.hall be not less than 1, 000 square feet for
,/· a one story dwelling, and not less than 900 square feet for a dwelling of more than
one story.
1, No building shall be located on any lot nearer than 30 feet to the front
l.o_t; line, or nearer than l S feet to the side street_Hne. No. building shall be lo•
cated nearer than S feet to an interior lot line, (or side boundary of any single
building site using more than one lot) excepting that no side yard shall be
required for a garage. No dwelling· shall be located on any lot nearer than 2.5 feet
to the rear lot line. For the purposes of this covenant, eaves, steps, and open
porches shall not be considered as a part of the building, provided however that
this shall not be construed to perm-it any portion of a building on a lot to
encroach upon another lot.
5. Easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat and over the rear 10 feet
of each lot. ·
6. No noxious or offensive activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance
to the neighborhood.
7. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuildings of any description shall be used on any
lot at any time as a, residence, either temporarily or permanently.
8. No animais, livestock or poultry of any kind shall be raised, bred or
kept on any lot, excepting that dogs, cats or other household pets may be kept
thereon, provided that they are not kept, bred or maintained for any commercial
purposes.
9. The Architectural Control Committee for the purposes of these
restrictive covenants shall be James V. Minor, Sr., James V. Minor, Jr., and
Leonard E. Rippy, all of Glenwood Springs, Colorado, and a majority of said
committee may designate a repreyntative to act for H. In the event of death or
resignation of any member of said committee" the remaining members shall have
full authority to designate a successor. Neither the members of the committee,
nor its designated representative, shall be entitled to any compensation for
·services perfonned pursuant tci".this covenant. ·At any time, the then record
owners of a majority of the lots' in said subdivision shall have the power through
a duly recorded written instrument to change the membe-rship of the committee,
or to withdraw from. the committee, or to restor.e to it any of its powers and
duties.
10. The Committee's approval or disapproval as required by these
covenants shall be in writing. In the event the Committee, or its designated
l'epresentative, fails to approve or disapprove any plans and specifications
submitted to it .wHhin 30 days after receipt thereof, or if no suit to enjoin the
const1·uction ·of the pro'posed dwelling has been commenced prior to the expiration
of 30 days after the commencement of c"onstruction, approval will not thereafter be
required and the related covenants involved shall be deemed to have been fully
complied with.
11. No sign or signs of any kind shall be displayed to the public view on
any lot, excepting one professional sign of not more than l square foot, one sign
of not more than ·5 square ~i a<J;.v.ertising the property for sale or rent, or a
sign or signs used by" a builder or con.tractor to advertise the property during the
eonst1·uction and sale.
12.. No oil drilling, or other development operations, oil refining,
quarrying, or mining operations of any kind shall be permitt.ed upon any lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon
. (continued)
~/ .
Document No. 2.0382.7 (continued)
;:rny iot, nor shall oil wells, tanks, tunnels, inineral excavations or shafts be
pc~·mi"cd ·..:pen or in any lot. No derrick or other structure designed for use in
drilling for oil or natural gas shall be erected, maintained or permitted upon
any lot.
13. No lot shall be used or maintained as a dumping gro\lnd for rubbish
or trash of any kind, and all garbag.e, ·trash or other waste materials shall not be
kept \lpon s\lch lots except in sanitary containers, All incinerators or other
equipment for the storage or disposal of such material shall be kept in a clean and
sanitary condition,
H. These covenants are to i·un with the land and shall be binding upon all
pz.rtics and all persons cl:,iming under them for a period of twenty-five years from ·
chc date hereof, after which time said covenants shall be automatically-·-ext·c;;ded ·
i_Q..:__s_uccessive periods of ten~ar._s ees:_h, unless and until an instrument signed
bya-ina}o.rlly 6Y-tlie then owners of th-e lots in said subdivision has been duly
recorded and provides for a change in said covenants either in whole or in part.
15, Enforcement of any of these covenants shall be by proceedings at law
or in equity against any person or persons violating or attempting to violate any
such covenant, and may be an action to restrain such violation or to recover
damages,
16. Invalidation of any one of these covenants by judgment or Court order
shall in no manner affect any of the othe1· provisions which shall thereafter
remain in full force and effect.
17. The following lots in said subdivision are hereby specifically
excluded from the operation and effect of these protective covenants, to-wit:
In Block 4: Lots 13, 14, 15, 16, 17 and 18;
In Block ·r: Lots 5, 6, 7, 8,. 9, 10, ll, 12, 13, 14, 15 and 16;
In Block 8: Lots 3 and 4; .
In Block 9: Lots 10, 11, 12., 13, 14, .15, 16, 17 and 18,
Dated and signed at Glenwoo.d· Springs,, <:;o.lorado, this 22.nd day of
December, A, D. 1958, .. i ·' ·•·
/ s/ James V, Minor
James V. Minor
Paul J. Engelbrecht
A?/ Paul J. Engelbrecht
His Attorney in Fact
BY: James V. Minor
STATE OF COLORADO,.: )'
) SS• ..
COUNTY OF GARFIELD )
Is/
Is/
Is/
James V. Minor, Jr.
James V. Minor, Jr.
Leonard E. Rippy
Leonard E. Rippy
William G. Rippy
William G. Rippy
The above and foregoing instrument was acknowledged before me this 2.2.nd
dc.y of Dccemb"r, A. D. 1958, by JAMES V. MINOR: JAMES V, MINOR, JR,,
LEONARD E. RIPPY: WILLIAM G, RIPPY: and JAMES V, MINOR, As Attorney
In Fact fo:;-PAUL J. ENGELBRECHT,
Witness my hand and notarial seal,
My commission expires July 2.9, 1961.
Emma C, Blanc
Notary Public
. I
. I '
Filed for record December 23, 1958 at 2:35 o'clock P. M., and IA><11emain
___ J"'>r. fil._1_ ,}S -
R/USD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESIDENTIAULIMITED/URBAN DENSITY
Uses. by right: Single-family dwelling and customary accessory uses;
including buildings for shelter or enclosure of animals or property
accessory to use of the lot for single-family rcsidcntinl purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses. conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses. special: Two-family dwelling, studio for conduct of arts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) square feet and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35%).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street
centerline or firty (50) feet from front lot line, whichever is greater; (b)
local streets: fifly (50) feet from street centerline or twenty-five (25) feet
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Height of BuildinJ:1i: Twenty-five (25) feet.
Maximum Floor Arca Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAUGENERAUSUBURBAN DENSllY
Uses. by right: Single-family, two-family and multiple-family dwellings,
boarding and rooming house, and customary accessory uses including
buildings for shelter or enclosure of animals or properly accessory to use
23
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Re2ulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
(4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent (40%) of the rear yard area is covered. Such building shall
obseive a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall obseive a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Buildin2 Hei~ht Exceptions: Parapet walls may exceed building height
limitations by four ( 4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A. 84-78; 85-46)
70
R/USD --Rcsidcnlial/Limilcd/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Arca Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESIDENTIAL/LIMITED/URBAN DENSITY
Uses. by right: Single-family dwelling and customary accessory uses;
including buildings for shelter or enclosure of animals or property
accessory to use of lhc lot for single-family rcsidcnlial purposes nnd
fences, hedges, gardens, walls and similar landscape features; park.
Uses. conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses, special: Two-family dwelling, studio for conduct of arts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) square feet and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35%).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street
centerline or fifty (50) feet from front lot line, whichever is greater; (b)
local streets: fifly (50) feel from street centerline or twcnly-fivc (25) feel
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) [eel from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Height of Buildin~s: Twenty-five (25) feel.
Maximum Floor Area Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Reguircmenls: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAl)GENERAl)SUBURBAN DENSllY
Uses, by right: Single-family, two-family and multiple-family dwellings,
boarding and rooming house, and customary accessory uses including
buildings for sheller or enclosure of animals or properly accessory lo use
23
Supplcmentnry Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
tloor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Estahlished Under Repealed Reculations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
( 4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four ( 4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Buildin2 Hei2ht Exceptions: Parapet walls may exceed building height
limitations by four ( 4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A 84-78; 85-46)
70
R/USD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R!UUD --RESIDENTIAL/LIMITED/URBAN DENSITY
Uses. by ril!hl: Single-family dwelling and customary accessory uses;
including buildings for sheller or enclosure of animals or properly
accessory lo use of the lot for single-family residential purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses, conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses. special: Two-family dwelling, studio for conduct of arts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) square feel and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-five (75) feel from street
centerline or fifty (50) feet from front lot line, whichever is greater; (b)
local streets: fifty (50) feet from street centerline or twenty-five (25) feel
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feel from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Heieht of Buildings: Twenty-five (25) feet.
Maximum Floor Area Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAL/GENERAUSUBURBAN DENSITY
Uses, by right: Single-family, two-family and multiple-family dwellings,
boarding and rooming house, and customary accessory uses including
buildings for shelter or enclosure of animals or properly accessory lo use
23
~~~~~~----------------------------------------------
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A. 80-180)
Planned Unit Developments Established Under Repealed Regulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including tbe area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance witb the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
( 4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Buildin2 Hei2ht Exceptions: Parapet walls may exceed building height
limitations by four ( 4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A 84-78; 85-46)
70
R/USD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/IJUD --RESIDENTIALJLIMITED/URBAN DENSITY
Uses. by ri2ht: Single-family dwelling and customary accessory uses;
including buildings for sheller or enclosure of animals or property
accessory to use of the lot for single-family residential purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses. conditional: Church, community building, day nursery and school;
row house; home occupation. ·
Uses. special: Two-family dwelling, studio for conduct o[ arts and crafts,
water impoundments, utility lines. (A 81-145; 86-09)
Minimum Lot Area: Seven thousand five hundred (7500) square feet and
as further provided under Supplementary Regulations.
Maximum Lot Coyerage: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-five (75) feel from street
centerline or fifty (50) feel from front lot line, whichever is grca !er; (b)
local streets: fi(ty (50) feel from street centerline or twenty-five (25) feet
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feel from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Height of Iluildings: Twenty-five (25) feet.
Maximum Floor Area Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAIJGENERAUSUBURilAN DENSITY
Uses, by right: Single-family, two-family and multiple-family dwellings,
boarding and rooming bouse, and customary accessory uses including
buildings for shelter or enclosure of animals or property accessory lo use
23
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collcction
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Re2ulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Liye Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
( 4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
e)'ceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Buildine Heieht Exceptions: Parapet walls may exceed building height
limitations by four ( 4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A. 84-78; 85-46)
70
RIUSD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum floor Area Ratjo: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESIDENTIAVLIMITED/URBAN DENSITY
Uses. by right: Single-family dwelling and customary accessory uses;
including buildings for shelter or enclosure of animals or properly
accessory to use of the lot for single-family residential purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses, conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses. special: Two-family dwelling, studio for conduct of arts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) square reel and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) arterial slreels: seven Ly-five (75) reel from street
centerline or fifty (50) feel from front lot line, whichever is greater; (h)
local streets: fifty (50) feet from sLrccL centerline or Lwcnly-fivc (25) feel
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-ha![ (1/2) the
height of the principal building, whichever is greater.
Maximum lleighl of 13uildjngs: Twenty-five (25) feet.
Maximum Floor Area Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/0/SD --RESIDENTIAUGENERAUSUl3UR13AN DENSITY
Uses. by right: Single-family, two-family and multiple-family dwellings,
hoarding and rooming house, and customary accessory uses including
buildings for sheller or enclosure of animals or properly accessory lo use
23
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
tloor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Re2ulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
(4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Building Hejght Exceptions: Parapet walls may exceed building height
limitations by four ( 4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A. 84-78; 85-46)
70
R/USD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESIDENTIAIJLTMITED/URBAN DENSITY
Uses. by right: Single-family dwelling and customary accessory uses;
including buildings for shelter or enclosure of animals or property
accessory to use of the lot for single-family residential purposes und
fences, hedges, gardens, walls and similar landscape features; park.
Uses. conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses, special: Two-family dwelling, studio for conduct of arts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Area: Seven thousand five hundred (7500) square feet and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street
centerline or fifty (50) feel from front lot line, whichever is greater; (b)
local streets: fifty (50) feel from street centerline or twenty-five (25) feet
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Height of Buildings: Twenty-five (25) feel.
Maximum Floor Arca Ratio: 0.25/l.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAIJGENERAUSUDURDAN DENSITY
Uses, by right: Single-family, two-family and multiple-family dwellings,
boarding and rooming house, and customary accessory uses including
buildings for sheller or enclosure of animals or properly accessory to use
23
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Regulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
( 4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Buildine Heieht Exceptions: Parapet walls may exceed building height
limitations by four (4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communicatjon Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A. 84-78; 85-46)
70
R/USD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ratio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Addjtiona! Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESJDENTIAULIMITED/URBAN DENSITY
Uses. by rieht: Single-family dwelling and customary accessory uses;
including buildings for shelter or enclosure of animals or property
accessory to use of the lot for single-family residential purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses, conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses, special: Two-family dwelling, studio for conduct of arts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) square feet and
as further provided under Supplcmcnlaty Regulations.
Maximum Lot Coverage: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street
centerline or firty (50) feel from front lot line, whichever is greater; (b)
local streets: fifty (50) feet from street centerline or twenty-five (25) feet
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feel from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Ilcieht of Bui!dines: Twenty-five (25) feet.
Maximum Floor Arca Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional RCQuiremcnls: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTJALJGENERAL/SUBURBAN DENSITY
Uses, by right: Single-family, two-family and multiple-family dwellings,
boarding and rooming house, and customary accessory uses including
buildings for shelter or enclosure of animals or properly accc.,sory to use
23
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Re~ulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
(4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Building Height Exceptions: Parapet walls may exceed building height
limitations by four ( 4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A 84-78; 85-46)
70
R/USD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Raljo: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESIDENTJAULlMITED/URBAN DENSITY
Uses. by right: Single-family dwelling and customary accessory uses;
including buildings for shelter or enclosure of animals or properly
accessory to use of the lot for single-family residential purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses. conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses, special: Two-family dwelling, studio for conduct of arts and crafts,
waler impoundments, utility lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) square feel and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35% ).
Minimum Setback
(1) Fron! yard: (a) arterial slrecls: seventy-five (75) feel from slrccl
centerline or fifty (50) feel from front lol line, whichever is greater; (b)
local streets: fifty (50) feet from street centerline or twenty-five (25) feel
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Jlcicht of Buildings: Twenty-five (25) feel.
Maximum Floor Arca Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAUGENERAUSUDURBAN DENSITY
Uses. by right: Single-family, two-family and multiple-family dwellings,
boarding and r<>o1ning house, and cuslc)Jnary accessory uses including
buildings for sheller or enclosure of animals or properly accessory lo use
23
Supplementary Lot Arca Regulations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Re2ulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
(4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Bujldin11 Hej11ht Exceptions: Parapet walls may exceed building height
limitations by four (4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A 84-78; 85-46)
70
R/USD --Residenlial/Limiled/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ralio: 0.100/1.0 and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subjecl to the provisions
under Section 5 (Supplementary Regulations).
R/UUD --RESIDENTIAl)LlMITED/URBAN DENSITY
Uses. by rieht: Single-family dwelling and customary accessory uses;
including buildings for sheller or enclosure or animals or properly
accessory to use of the lot for single-family residential purposes nml
fences, hedges, gardens, walls and similar landscape features; park.
Uses, conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses. special: Two-family dwelling, sludio for conduct of nrls and crnfls,
waler impoundments, ulilily lines. (A. 81-145; 86-09)
Minimum Lot Arca: Seven thousand five hundred (7500) squmc feel nnd
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35%).
Minimum Setback
(I) Front yard: (a) arterial slreels: seventy-five (75) feel from slrcet
ccnler!ine or fifty (50) feel from fronl lot line, whichever is greater; (b)
local slreels: fifty (50) feel from slreel centerline or lwenly-five (25) feet
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feel from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-half (1/2) lhe
height of lhe principal building, whichever is greater.
Maximum Ilej~hl of Buiklin~s: Twenty-five (25) feel.
Maximum Floor Area Ratio: 0.25/1.0 and as further provided under
Supplementary Regulations.
Additional ReCJuircmenls: All uses shall be subject Lo the provisions
under Section 5 (Supplementary Regulations),.
RIG/SD --RESIDENTIAUGENERAUSUBURBAN DENSITY
Uses, hy rieht: Single-family, two-family and multiple-family dwellings,
hoarding nnd roo1ning house, nnd custo1nary accessory uses including
buildings for sheller or enclosure of animals or properly accessory lo use
23
-------------------- - - - - - - - - - - - - - - - - - - - - - - - - -------
Supplementary Lot Arca Regu~ations 5.04.05
5.04.06
5.05
5.05.01
5.05.02
5.05.03
such nonconforming lot shall be determined following the standards
included herein, provided that connection to a central sewage collection
and treatment system approved by the Environmental Health Officer and
the Colorado Department of Health is available. Where a septic tank or
other individual sewage treatment facility is the only means of sewage
disposal, the number of uses permitted by right under the appropriate
Zone District Regulation may be decreased and the maximum permitted
floor area ratio may be reduced by the County Commissioners if, as a
result of percolation tests or other evaluations by the Environmental
Health Officer, the use of septic tanks or other individual sewage
treatment facilities for use and at densities as provided under the
appropriate Zone District Regulation would result in a danger to health
on the subject or adjacent lots. (A 80-180)
Planned Unit Developments Established Under Repealed Re2ulations:
Each Planned Unit Development district or subdivision legally approved
under Zoning and Subdivision Regulations in effect at the time shall be
identified on the appropriate zone district map and regulated under the
terms and conditions, including the area and use of each lot, of its
approval.
SUPPLEMENTARY SETBACK REGULATIONS
Arterial Streets: Front yard setback shall be observed for arterial streets
as designated on the County Zone District Map.
Live Streams: A setback of thirty (30) feet measured horizontally from
and perpendicular to the high water mark on each side of any live stream
shall be protected as greenbelt and maintained in conformance with the
definition thereof, with the exception of diversion facilities as an accessory
to the approved use of the lot.
Yards: The following requirements shall be observed in all zone districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
(4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
69
Supplementary Setback Regulations 5.05.03
5.06
5.06.01
5.06.02
(5) Partially Developed Frontages: on a vacant lot bordered on two
(2) sides by previously constructed buildings which do not meet the
required front yard setback for the district, the required front yard
setback for the vacant lot shall be established as the averaged front yard
setback of the two (2) adjacent buildings; where a vacant lot is bordered
on only one (1) side by a previously constructed building which does not
meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front
yard setback of the adjacent building and the minimum front yard setback
for the district;
(6) Projections: every part of a required yard shall be unobstructed
from ground level to the sky except for projections of architectural
features as follows: cornices, sills and ornamental features -twelve (12)
inches; roof eaves -eighteen (18) inches; uncovered porches, slabs and
patios, walks, steps, fences, hedges and walls -no restriction; fire escapes
and individual balconies not used as passageways may project eighteen
(18) inches into any required side yard or four (4) feet into any required
front or rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent ( 40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
(8) Accessory Structure in Required Yards: a fence, hedge or wall may
be located in any required yard provided that no such installation shall
exceed eight (8) feet in height in a required side yard or rear yard, nor
shall any such structure exceed three (3) feet in height in any required
front yard.
SUPPLEMENTARY BUILDING HEIGHT REGULATIONS
Buildine Heieht Exceptions: Parapet walls may exceed building height
limitations by four (4) feet; stacks, vents, cooling towers, elevator cupolas,
towers and similar noninhabitable building appurtenances shall be exempt
from height limitations of this Resolution.
Communication Towers: Communication towers may exceed the building
height limitations provided they are approved by Special or Conditional
Use permit. (A 84-78; 85-46)
70
TIME:
PLACE:
DATE:
GARFIELD COUNTY BOARD OF ADJUSTMENT
MEETING
AGENDA
3:30p.m.
Garfield County Courthouse, Suite .3fil
Thursday, April 30, 1992
1) Call meeting to order
2) Roll Call
3) Approval of Minutes:
Meeting #156, July 27, 1989
Meeting #157, August 28, 1989
Meeting #158, October 26, 1989
Meeting #159, March 22, 1990
Meeting #160, May 24, 1990
4) Public Hearing for a Variance from Section 3.04.06 -Minimum
Setback R/L/UD Zone District
Applicant: Edward and Phyllis Godfrey
5) Adjourninent
. .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. • • ,
April 10, 1992
Edward and Phyllis Godfrey
0461 C.R. 130
Glenwood Springs, CO 81601
RE: Variance Request
Dear Mr. and Mrs. Godfrey:
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
-----------
Your application for a Variance to allow a reduction in the minimum street side yard setback associated
with the R/L/UD zone district has been rescheduled for a public hearing before the Zoning Board of
Adjustment on May 7, 1992, at 3:30 p.m., in Suite 301, 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 should be submitted to the Glenwood Post or other newspaper
of general circulation for publication one time, at least, 15 days prior to the hearing. You should contact
the paper 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 on less than 5 days prior to the hearing. All mailings should be completed no later than April
31, 1992, to ensure compliance. We recommend mailing the notice as soon as possible. The proof of
publication from the newspaper, 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.
Sincerely,
~t'f~
Andrew C. McGregor
Planner
ACM/rib
Enclosure
xc: Leo Jammaron
109 STH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
---------------:~------------------------------•
PUBLIC NOTICE
TAKE NOTICE that Edward and Phyllis Godfrey have 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 14, Block 3, Western Hills Subdivision, County of Garfield, State of
Colorado.
Practical Description: Located at the corner of C.R. 130 (Donegan Road) and Chaparral
Circle in West Glenwood.
Said Variance application is to allow a reduction in the required street 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 7th day of May, 1992, at the hour
of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County
Courthouse, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
EDWARD GODFREY
0461 CO. ROAD 130
GLENWOOD SPRINGS,
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PUBLIC NOTICE
TAKE NOTICE that Edward and Phyllis Godrrey have applied to the Zoning Board of
Adjustment, Garfield County, Stale or 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 14, Block 3, Western 1-lills Subdivision, County of Garfield, Stale of
Colorado.
Practical Description: Located al the corner of C.R. 130 (Donegan Road) and Chaparral
Circle in West Glenwood.
Said Variance application is to allow 11 reduction in the required slreel side yard setback areas
on the above-described properly.
All persons 111Tected by the proposed Variance application are invited lo appear and slate their
views, protests or objections. If you can not appear personally al 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 properly owners and others alTected in deciding whether to grnnl 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.n1. and 5:00 p.m., Monday through
Friday.
Thal public hearing on the application has been set for the 7th day of May, 1992, at the hour
of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 30 I, Garfield County
Courthouse, I 09 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
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Postmark or
~
p 388 204 1.12
Receipt for
Certified Mall
No Insurance Coverage Provided
;;;;; Do not use for International Mall
(See Reverse)
I
Special Delivery Fee
Restricted Delivery Fae
--------·-----~-
PUBUCNOT~E
TAKE NOTICE that EdW&rd IOCI P~ Oodf,.Y haw
-to lhe Zon'1g Bo81d d i\4Ull,...._ o.itlold
County. State of Colorldo. to gr#ll 1 Varl¬ ti
connection wlththefolloWlng dtlcrbedproperty .. UlllCI
In the County of Garfield, SUde of Cdorado; 10-Wh:
• Legal ~Ion: LOI 14, Block $, Weltem Hiit
SlbfMllon, County of Garfield, StAle Of Colofado.
Practlcal Oelc:tPllon: Located al the comer d C.R. 130
--ondChlpanoJ°""°•-~. Bald YarllnOe applea11on II to a1tow a reduelbn In the
*lulNld ttf'Nl •Ide yard ttlbd. ...
on 1h9 above4e1Crl:ll<I propeny.
M...-olfecledb\'lhe-Vlrllnc:e-
.,. lnvled to appear and state their v51M, protea11 or
~· H )'OU can not 9flPN.' personally al •uoh,
hNilng, thenyou.,. u~to 1tate rourvlewl;byllfter, ·
pall\culaf~ n you have -'°"' IO llJC!l V-appleillon request, 11 the Zoning Board Of XdJus,tmant
wlll glY9consideration10 the oonvntllt ol 1urroundil0
prcper'lyOWT'l8fl andothers~lnde;Qldlngwtlelhtr
to trant or deny the reqUllll lof thl Yarlll'IOll. Thia
Varano. 1R>licallon maybe rlYleMd 11 the oftlOe d the
Plannlng o.partment looaled at 10D Ith St'"1. Buie
303, Garfleld County CovrthouH, Glenwood SprlnQt,
Cobrado, between the hours of 8:00a.m. and 6110p.m.,
Monday through Friday.
That public hearing on the app11ca1on hu been set tor
the 7th dayol May, 1992, al the hour of $:30p.m., alt"'
office of the Zoning Board ol Adjustment, &ule 301,
Garl'leldCounty.Courttlouse, 109 8th Street, Glenwood
8prtng1, Colorado.
Planning Deparlment
Garfield Counly
Putllllhed April 16. 1992 ti the Glenwood Pott.
MEMORANDUM
TO: Godfrey Variance File
FROM: Andrew C. McGregor, Planner
At their meeting on April 30, 1992, the Garfield County Board of Adjustment denied the
applicants request for a setback variance on Lot 14, Block 3 of the Western Hills Subdivision.
The vote was unanimous, 4-0, to deny the request.
t
I;
BOA 4/30/92
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER/SEWER:
ACCESS:
EXISTING AND ADJACENT ZONING:
I. DESCRIPTION OF THE PROPOSAL
Variance from Section 3.04.06 -
Minimum Setback R/L/UD Zone
District
Edward and Phyllis Godfrey
Lot 14 Block 3 Western Hills
Subdivision; located atthe comer of
Donegan Road and Chapparal
Circle in West Glenwood Springs.
The lot is roughly 8500 square feet
in size.
Community water and sewer.
Driveway onto C.R. 130.
R/L/UD
A. Site Description: The subject property is a residential lot in the Western Hills
Subdivision. Improvements on the property include a single-story home and a
detached woodshed. At the west end of the lot is a driveway heading north off
Donegan Road (see improvements location certificate on page -3-).
B. Request: The applicants are requesting a variance from the required twenty-five
foot (25') front yard setback on the east side of the lot along Chapparal Circle
to allow the construction of a two (2) car garage. The proposed garage will
encroach roughly seven (7) feet (see letter on page -4· ) into the required
yard.
II. MAJOR ISSUES AND CONCERNS
I. Section 3.04.06 (Minimum Setbacks-R/L/UD) requires a setback of twenty-five
feet (25') from the front lot line or fifty feet (50') from the street centerline,
whichever is greater (see enclosed on page • ~-).
2. Section 5.05.03 (Yards-Supplemental Regulations) states that the following
requirements shall be observed in all zone districts, "On lots bordered on two (2)
contiguous sides by streets, the required front yard setback shall be observed
along both streets.
-\ -
3. In the application, the applicant states that there is no other site on the lot to
build a garage. In addition, the proposed garage site has been moved to the
north to minimize the proposed encroachment and preserve visibility at the
intersection.
4. Section 9.05.03 states that "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 Board may
authorize a variance. In addition, the Board must also find that:
A. That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardship upon the owner of said property;
and
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; and
C. That the circumstances found to constitute a hardship were not caused
by the applicant, are not due to or the result of general conditions in the
district, and cannot be practically corrected; and
D. That the concurring vote of four (4) members of the Board shall be
necessary to decide in favor of the applicant.
5. Staff concurs with the applicant that relocating the driveway would be preferable
from a safety standpoint. This is not a goal or criteria for considering a
variance, however.
6. In staff's opinion, there is not "exceptional narrowness, shallowness or
shape" on this property, nor are there exceptional topography or other
conditions. This is a conventional lot, typical of other lots in the area.
HI. SJ JGGESTED FINDINGS
I. That the application for Variance was not 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.
IV. RECOMMENDATION
Staff feels that the circumstances do not warrant the granting of a variance. While the
applicant may not be able to construct a two-car garage as requested, some developable
area remains on the lot where a garage could be constructed. Unfortunately, the
original siting of the residence on the lot did not contemplate the addition of a garage.
Therefore, staff recommends denial of the request.
ZONING BOARD OF ADJUSTMENTS
109 8th S'l'REET
SUITE 303
GARFIELD COUNTY COURTHOUSE
GLENWOOD SPRINGS, CO. 80601
May 5, 1992
Glwnd Spgs, Co.
We are protesting the Variance of the Edward and Phyllis
Godfrey property at Donegan Road and Chapparrel Circle.
The street is not very wide and this would cause a saftey
hazard in the area.
The 25' variance in the orginial development was left for
the widening of the street, providing on street parking.
I feel this defeating the orginial plan of the development.
Those of us who purchased in this development took this
into consideration at the time of purchase.
We feel if they want a garage for their vehicles it could
be built and stay withi.n the code.
June & Donald Dortch
0479 130 Rd.
Glenwood Springs, Co.
(Donegan Road and Chaparrel Circle)
,,. I /
/_J / t:· I /c,/<-
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
109 8th STREET
GLENWOOD SPRINGS,CO 81601
Dear Members of the Board,
We own the southwest corner lot at the intersection of Chapparal
Circle and 130 Road in the Western Hills Subdivision in West
Glenwood Springs.
We would like to build a 2 car garage on the East side of the
property, however due to the 25 foot setback on that side of the
lot , and also a 25 foot setback on the South side of the lot,
the remaining area for a garage is too small.
There is no other site on the lot to build a garage.
We have shortened the garage to 22 Feet in depth and moved to the
North to minimize the proposed encroachment on the setback, and
preserve visibility at the intersection.
By having access to the garage from a much less used street
(Chapparal Circle Vs 130 Road), the traffic situation will be
improved.
Respectfully, t: .. edvr>'~,_/ fl yJt?t/',·
Edward H.Godfr y / QJt..JiC)~A~~ 4--1~6 Phyl~-. Godfrey'\
.
."
RILISD --Residential/Limited/Suburban Density 3.03.08
3.03.08
3.03.09
3.04
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
3.04.06
3.04.07
3.04.08
3.04.09
3.05
3.05.01
Maximum Floor Area Ralio: 0.100/1.0 and as further provided under
Supplementary Regulalions.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
RIUUD --RESIDENTIAULIMITED/URDAN DENSITY
Uses. by riehl: Single-family dwelling and customary nccessory uses;
including buildings for sheller or enclosure of animnls or properly
accessory lo use of the lot for single-family residentinl purposes and
fences, hedges, gardens, walls and similar landscape features; park.
Uses, conditional: Church, community building, day nursery and school;
row house; home occupation.
Uses. special: Two-family dwelling, studio for conduct of nrts and crafts,
water impoundments, utility lines. (A. 81-145; 86-09)
Minimum Loi Arel!: Seven thousand five hundred (7500) square feel and
as further provided under Supplementary Regulations.
Maximum Lot Coverage: Thirty-five percent (35% ).
Minimum Setback
(1) Front yard: (a) arterial streets: seventy-rive (75) feet from street
centerline or fifty (50) feel from front lot line, whichever is greater; (h)
local streets: fifty (50) feel from street centerline or twenty-five (25) feel
from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feel from rear lot line;
(3) Side yard: Ten (10) feel from side lot line or one-half (1/2) the
height of the principal building, whichever is greater.
Maximum Heichl of Buildincs: Twenty-five (25) feet.
Maximum Floor Area Ratio: 0.25/l.O and as further provided under
Supplementary Regulations.
Additional Requirements: All uses shall be subject lo the provisions
under Section 5 (Supplementary Regulations).
R/G/SD --RESIDENTIAUGENERAUSUBURBAN DENSITY
Uses, by rich!: Single-family, two-family and multiple-family dwellings,
hoarding and rooming house, and customary accessory uses including
buildings for sheller or enclosure of animals or properly accessory lo use
s-
..
March 19, 1992
Edward and Phyllis Godfrey
0461 C.R. 130
• GARFIELD COUNTY • REGULATORY OFFICES AND PERSONNEL
Glenwood Springs, CO 81601
RE: Variance Request
Dear Mr. and Mrs. Godfrey:
Your application for a Variance to allow a reduction in the minimum street side yard setback associated
with the R/L/UD zone district has been scheduled for a public hearing before the Zoning Board of
Adjustment on April 9, 1992, at 3:30 p.m., in Suite IOOA, Garfield County Courthouse, 109 8th Street,
Glenwood Springs, Colorado. Itis suggested that you or your authorized representative be in attendance.
A copy of the enclosed public notice form should be submitted to the Glenwood Post or other newspaper
of general circulation for publication one time, at least, 15 days prior to the hearing. You should contact
the paper 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 200feet of your
property on less than 5 days prior to the hearing. All mailings should be completed no later than March
31, 1992, to ensure compliance. We recommend mailing the notice as soon as possible. The proof of
publication from the newspaper, 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.
Sincerely,
Andrew C. McGregor
Planner
ACM/rib
Enclosure
xc: Leo Jammaron
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
. / • •
PUBLIC NOTICE
TAKE NOTICE that Edward and Phyllis Godfrey have 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 14, Block 3, Western Hills Subdivision, County of Garfield, State of
Colorado.
Practical Description: Located at the corner of C.R. 130 (Donegan Road) and Chaparral
Circle in West Glenwood.
Said Variance application is to allow a reduction in the required street 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 of8:00 a.m. and 5:00 p.m., Monday through
Friday.
That public hearing on the application has been set for the 9th day of April, 1992, at the hour
of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 1 OOA, Garfield County
Courthouse, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
I ,
.. VARIANCE APPLICATI4 ~IELD COUNTY ZONING BOARD OF Al>JUSTMENT
Pursuant to Section 9.05 of the Garfield county zoning
PHYLLIS A. GODFREY Resolution EDWARD H. GODFREY
(applicant/owners name)
request(s) a variance to Section 3. 04. <J/, ((1 of the Garfield County Zoning Resolution -~-...._.~......,..__ __
concerning h/lf yacc/ .ref611-t'L to permit eltiumw,I a-1' ,,__
-8~<2--~....,v,..c; .... '?-_/_n_a~µrA--an--"--/'_;l,_~_t.-___,.y._ti_r_~_in the A/L,/t1.{) zone district.
SUBMI'l'l'AL REQUIRF.MENTS:
A. sketchriiap: 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 omiership,
D. Practical description of site -including address.
E. Names and addresses of property owners adjacent to or within 200 ft. of the site
(available through the Assessor's office)
F. Where applicable: descriptions of domestic water source, sewage disposal, and other
utility facilities.
G. Plans and specifications for the proposal.
H. Narrative explaining why the variance is being requested.
I. rt should be demonstrated by the above information and statements that, • ••• where by
reason of exceptional narrowness, shallowness or shape of the specific piece of
property at the time of enactment of this Resolution, or by reason of exceptional
topographic condition of such piece of property, or other extraordinary and
exceptional situation or condition of such piece of property, the strict appliCation
of any regulation enacted under this resolution would result in peculiar and
exceptional hardship upon the owner of such property•. (Section 9.05.0J)
J. subject to the above findings, the Board of Adjustment may authorize a variance
provided:
9.05.0J (1): '!hat the variance granted is the minim.till necessary to alleviate
such practical difficulties or undue hardships upon the owner of said property1
9.05.03 (2): '!hat such relief may be granted without substantial detriment to the
public goOcr°and without substantially impairing the intent and purpose of the general
plan or this resolution1
9.05.03 (3): '!hat the circumstances found to constitute a hardship were not caused by
the applicant, are not due to or the result of general conditions in the district,
and cannot be practically corrected;
K. A$250 fee llllst be submitted with the application.
PROCEDURAL RDj)UlREMENTS:
1. subriiit applications to the Garfield County Department of Building, sanitation and
Planning no later than the last Friday of the month in order to be included on the
following month's agenda; Regular meeting of the zoning Board of Adjustment
scheduled on the fourth 'lhursday of each month.
2. You will receive, from the Planning Department, a "Public Notice Form" indicating thl
time and date of your hearing.
J. Notice by publication (of the public notice form) shall be given once in a newspaper
of general circulation in that portion of the county in which the subject property is
located, at least fifteen (15) days prior to the date of the public hearing, and
proof of publication shall be presented at the hearing by the applicant. Section
9.05.04. (1)
4, Notice by mailing (of the· public notice form) shall be sent by .certified
return-receipt mail to all owners of all property within two hundred (200) feet of
the subject property at least five (5) days prior to the hearing, and the return
receipts showing receipt of notice shall be presented at the hearing by the
applicant, unless the applicant is able to otherwise show evidence of adequate notice
to such owners. Section 9.05.04.(2)
accurate to the best of my knowledge.
r
MAILING ADDRESS: 0461 Co Road 130, Glenwood Springs, CO 81601
CMNER: PHONE (if different from above) --------...,.---
MAILING ADDRESS:
~----------------------
1.7'
I
LOCATION
N89"SO'OO"£ 100.46'
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R::/45' .. tt.t•
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'if I CONC. rA 110 ~ " 1( --l ,// ~-t I ~ \) ~· ao.1• /'. l / ~ . :-.
' ~/ 1 ~ ~ ' r:/,::'.' '"" ~ 0:· .. ~a OllE ITOllY ~ tv~8ASEM¥Nr
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' . II.I' I
I I 1"-PLANTER l/'I. '"\, r.rNCE 1,,. .
' -'-1 :_ii_ ~-i ~l/ ~ ------r ;;';/
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PIN FOlJNO
SCALE 1"=20'
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S89"SO'OO"W 100.00'
0461 COUNTY ROAD 130
PROPERTY DESCRIPTION
LOT 14, BLOCK 3, WESTERN HILLS SUBDIVISION
COUUNTY OF GARFIELD, STATE OF COLORADO.
IMPROVEMENT LOCATION CERTIFICATE
L ::t//. 61'
l.lJ
<:3
• ~ <::)
"" (-.) M " ~ ~ ~ t
<::)
~ 0: <::) ;--. a... <::)
~ ~ (-.)
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTll'ICATE WAS PRE-
PARED FOR MICHAEL J. & CHERYL L. sos , THAT IT IS NOT A LAND SURVEY
PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO UE REL.I ED UPON
FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT
LINES.
I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE l\UOVE DESCIUllED PARCEL
ON THIS DJ\TE, 07/13/89 , EXCEPT UTILITY CONNECTIONS,
/\RE ENTIRELY WITHIN THE UOUNDl\RIES OF Tl-IE PARCEL, EXCEPT AS SHOWN,
THAT THERE /\RE NO ENCROACHMENTS UPON THE DESCRlllED PREMISES BY IM·
PROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT
THERE IS NO APPARENT EVIDENCE OR SIGN OF /\NY EASEM§(.i,;f,,,~ROSSING OR
. BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. ~''"~1~nn///"1111,,,
#' ~c:, • •••· J'<"..i-~ ~ ~v. ,•!G1s r Ii;:•,..,..~~
§ ,~ tq..t"(, 'f~ I VA.~
IT IS llF.RF.llY STATED TllAT 1'11E srnuc. iJ ... 0 ... -,.. ~
TURES LOCATED ON ·nm ADOVFJ DE!lClllDF.D jJJ_! 16~42 ~ ~
rnorERTY AJtF. N01' l.OCA'l'ED WITlllN 1'11E "' ... : . : -
100 YEAR FLOOD llAZARD BOUNDAJIY, • . ~,
Suire 205. Villnr,c Plnz~ • Glcnwoorl Spring~. CO RJliOJ
u
---- ----- --------- - - - - - ---- - - - - - - - - - -. - - - - - - - - - - - - - - - - - - -
.:ll!I.
lltJOl( ......... , 8,.,
# ' --r!f.F. ~s Recorded 11 ~ "~ A'!~ M . / -~ (:,_::__J__o_ -•-
Reception No. j\()947,r"'•~ , ' .( e .€11 e J.._ {l(.a J2 • 4/ Recorder.
-=--==---------------------·---=--·::--::--:-:_-~;._--::----_--::--:-:-:--_·_-:· .. _--:--_-----::-:-:-· ;~ ----------·---=------------
WARRANTY DEED
1'111S DEED, Mode thi< 26th day of
1990 , between MICllllEL J. SOS AND
January
CllERY1f SOS
L.
or lhe •('ounly or Garfield
Stale or Colorado, p.rantor, nnd
EDWllRD II, GODFREY AND PHYLLIS II. GODFREY
whose legal address i< 0461 County Road 130
Glenwood Springs, Colorado 81601
and
GARi'IELD
/-dJ.. {,-qo
Blafo Dec. f'e~
$ q 9§".
of the County of Garfield mrrl State of Colorndo, gra111ces:
WITNBSS, that the grantor, for and in con<idcrntion of the <11111 of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERllTION-------------------JXlLLARS.
lite receipt and sufficiency of which I< herehy acknowledged, ha< granted, bargained. sold and conveyed, and by these pre<cnts does
grant, bargain, sell, convey and conHrm unto the (!.rantce!il. their hcin: and D!il!i.ign!i. forever, not in tenancy in connnon but in joint tenancy,
all lhc real property, logelher with hnprovcrncnl!il, tr nny, liitunle. lyinf!. and flcing in the County or
Garfield nnd Stntc of Colorado, dcscrihcd n< follow<:
LOT 14
BLOCK 3
WESTERN HILLS SUBDIVISION
COUNTY OF GARFIELD
STATE OF COLORADO
also known by street and number a< 0461 Cc•unty Road 130, Glenwood Springs, Colorado.
TOGETHER with all and •ingular the hercditnmcnt• and nppurtcnance< thereunto hclnnging, or in anywi<e appertaining and the
reversion and reversions, rernaindcr and rc1nai11dcrs, rents, i!isue!i. and prolits lhcrcor, and nll lhe estate. tight, tillc, inlcrcsl, clahn and
dcrnand whatsoever or the grantor, either in law or equity. or. in and to the above bargained prernises, with the hercdita111enls and
appurtenances.
'10 HAVE AND1"0 HOLD the said premises above bargnined and demibed, with the appurtennnce<, unto the grantees, their heir<
and a«igns forever. And the grantor. fur him<elf, hi< heirs nnd pcr<onnl rcpre<entative<. does covenant, grant, bargain and agree to and
wilh the grantees, their heirs and assigns, thal at the tinlC or the cn!i.ealing and delivery of thc!lic prc!ilcnls, he i!i. well seized of the pre111ises
above conveyed, has good, sure, perrccl, absolute nnd indcren"lifllc C!i.IDIC or inhcrilnnce. in Jaw, in fee !i1in1ple, and ha!i. good right, rull
power and lawful authority to grant, bargain, sell and convey lhe !i.nn1e in rnanncr and fnnn afore!i.aid. and thal lhe !iian1e are free and clear
from all former and other grants, bargains, snlr!ii, liens, taxes, R!ilse!ilsn1cnts, cncu1nhranccs nnd restriclinns of whatever kind or nature
soever, except easements, restrictions, reservations and rights-of-way, all of record
and real property taxes for the year 1990, not yet due or payable.
The grantor •hall and will WARRANT AND R>RBVBR l>ErENI> the nhovc-h•rgnined premi<es in the quiet nnd pcoceable
po<Scsslon of the grantees, their heirs and assigns, against all nnd every pcr<on or pcr<ons lawfully claiming the whole or any part
thereof.
The singular number shall Include the plural, the plural the •lngulnr. and the u<e of any gender shall be applicable to all genders.
IN WITN':'ll )YU R_;9" !Ire grantor has executed this deed on the dote set forth above.
'A!J~/· ~ ...,,. -. . ' ,~#~ ,L---~~~·~~·~·~~-'--""·~·-'-~·~~~~~~~~~
MICHAEL J,' SOS CHERYL SOS
I
STATE OF COLORAUO
County of GARFIELD
26th day of January
WilnC!lll n1y hnnd and urticial 5eal.
My Conunlsslon c11.pircs
•1(1n benVef, lnse"r1 "City and."
-:-::-:.-.:~'.-~..:.6::-::=_-::--:::-:::.=.::-:=-::::=-:=-=---:~-=.:::--.:.::_·_:-:.:-; :.~::.-:-~:·.:-.-:::.:.::: --·------
·• "1tt tln, 1 or; •~·~··n••••• '"""llfTI •.,h,f"fl·,,~·11<1
• 19 90
May 17 ,t9 91.
------- - - - - - - - - - - - - - - - - - - - - - - - - - -
• •
List of Property owners within
200 Feet of Ed ~ Phyllis Godfrey
Robert & Jamie Ray Darien
0019 Chapparal Drive
Glenwood Springs, CO 81601
Lawrence & Dalia Garrison
0051 Chapparal Circle
Glenwood Springs, CO 81601
Nicky Paul & Sandra Kay Guthrie
0447 Juniper Street
Glenwood Springs, co 81601
Della Cornwall
433 130 Road
Glenwood Springs, CO 81601
Wally Brent & Carol Ann Wareham
433 130 Road
Glenwood Springs, CO 81601
Dennis Lee& Michelle Zwickl
P. 0. Box 1201
Glenwood Springs, CO 81602
Adair & Judith Richel
529 Co Road 130
Glenwood Springs, CO 81601
Bernard & Georgia Haines
0031 Chapparal Circle
Glenwood Springs, CO 81601
Robert E. & Sandra Whitman
0449 130 Road
Glenwood Springs, CO 81601
Clarence Theodore & Donna Lee Magnuson
0441 Co Road 130
Glenwood Springs, CO 81601
Mary Moda
436 Juniper Court
Glenwood Springs, CO 81601
Donald L & June L. Dortch
P. O. Box 1226
Glenwood Springs, CO 81602
Richard H. Leutke
0058 Chapparal Circle
Glenwood Springs, CO 81601
Glenwood Partnership
214 Center Drive
Glenwood Springs, Co 81601
•
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
109 8th STREET
GLENWOOD SPRINGS,CO 81601
Dear Members of the Board,
•
We own the southwest corner lot at the intersection of Chapparal
Circle and 130 Road in the Western Hills Subdivision in West
Glenwood Springs.
We would like to build a 2 car garage on the East side of the
property, however due to the 25 foot setback on that side of the
lot , and also a 25 foot setback on the South side of the lot,
the remaining area for a garage is too small.
There is no other site on the lot to build a garage.
We have shortened the garage to 22 Feet in depth and moved to the
North to minimize the proposed encroachment on the setback, and
preserve visibility at the intersection.
By having access to the garage from a much less used street
(Chapparal Circle Vs 130 Road), the traffic situation will be
improved.
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