HomeMy WebLinkAbout1.0 ApplicationAugust 17, 1994
Robert & Gloria Arnold
Don Byers
c/o Mr. Steve Isom
ISOM & ASSOCIATES
P.O. Box 9
Eagle, CO 81631
GARFIELD COUNTY
BUILDING AND PLANNING
RE: l,loard of Adjustment Hearing
' ' .··~. ' . ~· .-.. · Dear·Mr. Isom:
•
. ' ..
Please consider this letter to be official notification that on August 16, 1994, the Garfield
County Board of Adjustment approved your request for variances from Section 3.06.04-06,
3.06.08 and 5.01.05, dealing with minimum lot area, minimum setback, maximum floor area
ration and frontage as requested, at the property located on the north side of State Highway
82, at the Garfield/Eagle County line.
If you have any question, feel free to contact this office.
Sincerely,
Stella M. Archuleta
Secretary to the Garfield County Board of Adjustment
109 8TH STREET, SUITE 303 · 945-82121625-55711285-7972 · GLENWOOD SPRINGS, COLORADO 81601
: I
' RECEIPT No. 130.1· -' I •·.·
llors $ .. ...
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·ACCOUNT . ~,.. ' I fl,.MT. Of
AC<:OUNT
AM,l, PAID
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a1.ii~.o-••
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Date
·-94
•
2014 Grand Avenue
P.O. Box550
Glenwood Springs, Colorado 81602
945-8515
MR. ATEVE ISOM
P.O. BOX 9
liAGLR, CO 81631
Description
82 Lines @ • 50
. Ler,al # ·2-'983
Charges Bal. Due.
$41. 00
y
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·•
•
PV11UCN01iea~:----
TAKI! M>TICE that ROBERT & QLOflA ARNOLD
AND DON BYERS ~ applied to the Zoning 9CNWd ol
~Ga.fietdCounly,StaleclCok>rado,togqmt
Vart.ncesto Section'3.06.0l, Section 3.06.05, Section
3.06.06, Section 3.06.08. and Section S.01.05 ol the
GarfietfCounly ZoringAe9olutlonol 1978, asM'l!Med,
In connection wtth the following describ9cf" J)l'cperty
situated In the Counly of Garfield, Stat~ of Colorado: lo-
wil: .
PROPERTY DESCRIPTION
LOT 28 ZONED RIGllJO)
SOUTHERLY PARCEL
A PARCEL OF LANO SITUATED IN LOTS 4 ANO 6,
THE NW1/.4SE1/4,. "THE S112NE114AND IN ll£SE11
4NWV11/4NE1/4 OF SECTION 33. TOWNSHIP 7
SOUTH, RANGE 87 WEST OF TME ·SIX'TH-PRINCl-
PAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID PARCEL BEING MORE PAR· -
TICUARLY DESCRIBED AS FOLLOWS:
CON£NC1NG AT-THE SOUl'HEAST CORNER OE
SAIOSECTION33:ABRASSCAP tNPt.ACE; THENCE
N 47"22'10" W 3300.2 FEET TO POINT ON THE:
NORTHERLYAIGHT·OF-WAYOF NEW STATE HIGH--
WAY N0.82, SAID POINT ALSO BEING ON THE
EASTEALYLINEOFGARFIELDCOUNTY, THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY LINEN 5.1 °40' 18" W ALONG SAID
NORTHEALYAIGHT-OF-WAY91.0'2FEET;THENCE
CONTINUINGALONGSAIDNOATHERL. YRIGHT-OF-
WAYN 54"22'40"W213.6S FEET: THENCECOTINU-
ING ALONG -SAID AIGHT-OF·WAY ALONG TH ARC
OF A CUAVE TO THE LEFT HAvtNG A RADIUS OF
2964 .79 FEET ANO A CENTRAL ANGLE OF 15"27'09",
A DISTANCE OF 799.59 FEET (CORO BEARS N
63"29'53" W 7f11.17 FEET) TO A-POINT ON THE
EASTERLY LINE OF THAT PROPERTY OE~IBED
IN RECEPTION NO. 205501 OF THE GARFIELD
COUNTY Cl.ERK AND RECORDER'S OFFICE;
THENCE LEAVING SAID NOATHERtY RIGHT-OF-
WAY N 01"'28 '48" E ALONG Tl-E EASTERLY LINE OF
SAID RECEPTION' NO. 205501792.44FEET:THENCE
LEAVllG SAID EASTERI.. Y LINES Ei19"40·23· E 390.95
FEET: THENCE S 30"24 '44" E 190. (9 FE~T: THENCE
S 77"53 "Z1' E 437.74-FEET TO A POINT ON THE
EASTERLYUNEOFGARFIELDCOUNTY;THENCES
00"00 '20" W ALONG SAtO EASTERL V LINE 923.68
FEET TOTHE TRUE POINT OF BEGINNING: SAID
PARCEL CONTAINlt«J. 17.483 ACRES, MORE OR
LESS. .
93097.01JANUARY14, 1994
Practical Oesaiptiot\: Located adjacent to State High-:
way 82. at the ~ietl County Line. I
SaidVarialie.~ioniSloalloW forltie~
of nulli family dweltngs on lndMduel lots less than the
minimumafbwed by zordr'IJ'Wld to.aowyW ~
less tMn the rninWrurn allowed by zoning.
on the abov~ propertyL.,... ..-• .. , .. , '
AlpeiSOllS'M 1l·4~proposedv~appb..
tton are irwtedto appew and Slate their.._,~
or objections. II )'OU ean not appear perion8Jy al SUCh
Maring, then you 1119 urpedlo sfn }'Otft'"Yiewsby leltler.
partlcu81y if you have obiectionsto-.ctl Varilinc:it ~
pbi1ion requegt. as the ZonJng 8oatd of Adjustment w11
give CCM1!Jlderiiffo11_ lo the (!Ommenls of 9lmOUl'ldlng
pmpert)'OWfter!landdhen aftected lndec:idlng ~
lo grant Cf deny the request for the Variance. This
VatfanceapplcalbnmaybeJ9WiewadattheotHceolthe
Planning [)epartment bc*'d Ill 100 8th 5'-eef. Sal& ""'·-"-"-·--COb9dobetween1tllltt-. d 8.-00a.m. and 5:00p-.m. •
. ~-·-· Tttatpublch!191fn 10n1heaul11 11 ,,, ,
PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
SS,
COUNTY OF GARFIELD. 25980
Gary Dickson I, ...................................................................................................... do solemnly
swear that I am .... J'.\!.!?JJ.>?.~.~.: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.
vertisemcnts \Vithin the meaning of the la\YS of the State of
Colorado.
That the annexed legal notice or advertisement was published in
the regular and entire issue of every number of said newspaper for
the period of ...... L ..... consecutive insertions; and that the first pub-
lication of said notice was in the issue of said newspaper dated
..... J.~.~.Y. ..... 9. ................. .A.D., 19 ....... ?.~ and the last publication of said
. . th . f 'd d d Ju 1 y ·9 .A.D notice was 1n e issue o sai newspaper ale ........................... .,
94 19 ............ .
In witness whereof I have hereunto set my hand this ..... ?. .. ~ . .?. ....... .
day of ........ :l°.':'.~.Y. ............................... n\A.D., 19~··· ~'~·
............................... ~·l""":J""t··.. . . ... ............. ......... . ..... .
General Mana~ert I PU !ishcr
,,,.,
2014 Grand Ave., Glenwood Springs, CO. 81601
·•
•
PUBUCNOTICE
TAKE NOTICE ll'lat ROBERT & GLORIA ARNOLD
AND DON BYERS have applied to the Zoning Board Df
Adjuslment, Garfield County, Stale ol Colorado, to grant
Variances lo Seclion·a.06.04, Section 3.06.05, Section
3.06.06, Section 3.06.08, and sec11on 6.01.05 of the
Garfield Counly Zoning AeBolutlon of 1978, as amended,
In cormectlon with the following detcrl~ ptoperty
sHuated In the Coun~ of Garfield, Slate of Colorado; lo·
wit: ·
PROPERTY DESCRIPTION
LOT 28 ZONED AIGIUD)
SOUTHERLY PARCEL
A PARCEL OF LANO SITUATED IN LOTS 4 ~D 6,
THE NW1/4SE114, THE S112NE1/4 ANO IN THE SE1/
4NW1/11/4NE1/4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE ·SIXTH PFUNCl·
PAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID PARCEL BEING MORE PAR-
TICUAALY DESCRIBED AS FOLLOWS:
COMENCJNG AT. THE SOUTHEAST CORNER OE
SAID SECTION 33,A BRASS CAP IN PLACE; THENCE
N 47"22'10' W 3300.2 FEET TO POINT ON THE;
NORTHERL YAIGHT·OF·WAYOF NEW STATE HIGH·
WAY N0.82, SAID POINT ALSO BEING ON THE
EASTERLYLINEOFGARFIELOCOUNTY, THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY LINE N S3 "40 ' 18 • W ALONG SAID
NORTHERL YAIGHT·OF·WAY 91. 02 FEET; THENCE
CONTINUING ALONG SAJDNOATHERL Y RIGHT·OF·
WAYN 64"22'40'W213.65 FEET; THENCE COTINU-
ING ALONG-SAID RIGHT·.Of·WAY ALONG TH ARC
OF A CUAVE TO THE LEFT HAVING A RADIUS OF
2964 .79 FEET ANOACENTRALANGLE OF 15~7'09',
A DISTANCE OF 799.60 FEET (COAD BEARS N
63°29'S3'·W 797.17 FEET) TO AIPOINT ON THE
EASTERLY LINE OF THAT PROPERTY OE~CRIBEO
IN RECEPTION NO. 205501 OF THE GARFIELD
COUNTY CLERK ANO RECORDER'S OFFICE:
THENCE LEAVING SAID NOATHERLY RIGHT-OF·
WAY NOl 0 28 '48' EALONG THE EASTERLY LINE OF
SAID RECEPTION NO. 2055017 92.44 FEET;THENCE
LEAVllG SAID EASTERLY LINE S 69"40'23' E 390.95
FEET;THENCE S30"24 '44'E 190.(9FEl;T; THENCE
S 77"53 '21' E 437.74 FEET TO A POINT ON THE
EAs'TEAL YLINE Of GARFIELD COUNTY; THENCE S
00"00 '20' WA.LONG SAID EASTERLY LINE 923.68
FEET TOTHE TRUE POINT OF BEGINN!NG; SAJO
PARCEL CONTAINING 17.183 ~<;RES, MORE OR
LESS. . . ,
93097.01JANUARY14, 1994
Practical DesCfipUon: Located adjacenl to Stale High-.
w~)' ~· al the E~le.'G~~~~~unty line.
-· _ .. . ""'"'" '\iC'eiloo Is to allOW 1or \he Pa°'--...111'
said va1lanoe •PP •on lfldividua\ lots leas tl'IG"iil'Pi'I"
n1 !llJl\\lamilY dwe~ cw r•ni ~cks r:.;. iC Hill m allowed by zonlng. :
on the abov·e·-.scribed PfllP&flf ! .,. 1' ~
' ~i"' ~ini. :.I{ I ')I
AM person• lffNlill.~ proposedv~ appka.
lion are lnvMedto aw-ar and atate lhelr IM,¥!f, prol~1
or objec:tions. II You can not lppear perklnl11y *" •l,Klh
hea'.lng, then you are u~d toslllle Yolll'vlewsby IJtler,
particular~ ii you hav. obilctlons to aueh Varlanot ap-
phcllllon request, as the Zoning Boe.rd of Adiustmen1 will
give oonalder111on. to lhe ciommen1s ol surroUndlng
Pfoperty owners and olher11 Jffected In decfding Whelher
lo granl or deny lhe requell lor the Varlanct.. This
Variance application may b9 reviewed a1 lht oflloe ol 11\t
Planning Department locflltd a1 toe 8th Streel, Sulle
303, Garrleld Counly Courthoute, QlenWOOd Springs,
Colorado betw.en the hour11cf8:001.m. Ind 5:00 p.m.,
Mo11ay through Frkfay.
Thal Public hearing on the appl~~1-b,''titiil been ffl tot
~~ 25lh day°' Ju~. 1 994, at the hour Ol 7:00p.rTa., a1
--T. cf ol'floe ol lhe Zoning 801rd cfAdjullmen1, GNNkf O~rny Oour:thOuse, Sule 301, too. 8th Stteet. O•n-
.,,~~~ldo . Piii. .·, nt .
Gartitlo . , ·
• ~u1111• ""Jr p. J* Jn 1tte 9"'!•fosl,
PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
SS,
COUNTY OF GARFIELD. 25980
Gary Dickson
I, ······························································· ........................... do sol-=
swear that I am ..... l:'.\!.i?JJ.!i . .h..~.:r..... ... . ..................................... o
GLENWOOD POST· that the same is a newspaper printed, in •
or in part, and published in th.e County. of Garfie!d, State of
rado and has a general circulation t~ere1n; that sa.1d n~wspape
been published continuously and uninterruptedly in said Coun
Garfield for a period of more than fifty-t\YO consecll;tive weeks
prior to the first publication of the annexed legal notice or adv~
ment; that said newspaper has been admitted .t<;> the United t
maiJs as second-class matter under the prov1s1ons of the A
March 3. 1879, or any amendments there;of .. and that sai~ news!
is a newspaper duly qualified for pubhslung legal notices anc
vertisements \vithin the meaning of the Ja\VS of the Stai
Colorado.
That the annexed legal notice or advertisement was publist-
the regular and entire issue of every number of said newspape
the period of ...... 1.. ...... consecutive insertions; and that the first
lication of said notice was in the issue of said newspaper •
..... J~.1..Y. ..... 9. .................. A.D., 19 ....... .?..~ and the last publication of
. . h . f 'd d l d Ju 1 y 9 notice was in t e issue o sa1 newspaper a e ....................... .
94 19 ............ .
9tl
2014 Grand Ave., Glenwood Springs, CO. 81601
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dt!!ytred to en~ th1 dote pf d1!tv,ry.or addft onelHS t8ollow ng Mrvlcff ere avelleble. Consult
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1. 0 Show to whom delivered, date, and addre1ne'1 addr9l1, 2. 0 Rfftrlcted Delivery
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VANTEX
1825 MOCKINGBIRD LANE
DALLAS, TX 75235
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x
p 075 3 3 340
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, Mar. 1987 DOMESTIC RETURN RECEIPT
UNITED STATES POST-ERV ICE
OFFICIAL eusRs
R IN RUCTION
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Code In the 1P1ce Dllow.
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U.S.MAIL"
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... AlloctA188
"' /J" I,,.,//,//,,, ,/I,," /I,, ,/II
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card from being returned to you. Il11-JW~!,.J;IQllll>Jl-J;IL,lll<llj.J"1JOil<ISILll)l..;lblUl~".lUCi!llY1Wll,!l
dellyerad to end the d1t1 pf dtltvf'Y· or eddlt one "' t a o low ng nrv cM ere ava eb a.. on1ult
pottma1ter for feu and check box •) for 1ddltlon1I 1ervlc•(1) requqttd.
1. 0 Show to whom dellv•red, dete, and addreqee'1 eddr .. 1. 2. 0 R"trlct9d Oallv•rv
t (Extra charge)t t 'Extril chorge t
3. Article Addremd to: 4. Article Number
PUBLIC SERVICE
P,0. BOX 840, SUITE 400
DEll\IER, CO 80201-0840
•
6. Signature -Addreuee
x
6.
x
I ,,
'·
* U.S.Q.P,0. 1987·171-268
p
Type of Servi~:
D Regl1tered
12!1 Certified
D E""""' Mall
1
D Insured
0 COD
Alway1 obtain signature of addre11ee
or agent and PATE QELIVEREQ.
8. Addressee's Address (ONLY I
requested and fee paid)
DOMES IC RETURN RECEIPT
UNITED STATES POSTAL SERVi!:E •.
OFFICIAL BUSINESS
·····-·--.
PENALTY FOR PRIVATE •
use, 1300
.RETURN
TO
Print Sender's name, address, and ZIP Code In the space below.
&· . X9 ~LE.CO 916.11
• •
•SENDER: Complete Items 1 and 2 when addltlonal urvlc•• are dnlred, and complete Items 3
end 4.
Put your addr"' In the "RETURN TO" Space on the reverse side. Fallure to do this wlll prevent this
card from being returned to you. TbJ return ctc•IDf fte wl~ ~rpyldt you the name f.f the 01r19n
dl'Jyertd tp en~ tho det~gf daltvlry.or eddltlonal eff theo owing servrc .. ere evef8bla. Consult
p tm11ter for •••end c eek box ") for addltlonal Hrvlce(s) requ81ted.
1. 0 Show to whom delivered, date, end eddr ... ••'• address. 2. 0 Rfftrlcted Dell very
t(Extra chargt)t t 'Extra chorge)t
3. Anlcle Addressed to: 4. Article Number
RICHARD & TERRY CERISE
17072 HIGHWAY 82 •• CARBONDALE, CO 81623
..
PS Form 3811, * U.8.0.P.O. 1987·178-268
Type of ervlce:
D Registered
Kl Certified
D Express Mali
D Insured
0 COD
Always obtain signature of addreuee
or agent and OAJE PELIVEREP,
8. Addressee's Address (ONLY i
requested and fee paid)
• DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
ER INS RUC 10
Print your namet 1ddrea, end ZIP
CocH In the apace nelow.
• Complete Items 1. 2, 3, end 4 on
the rtvtl'H.
• Attach to front of article If space
,.,m1u1 otherwln effix to beck of enk: e.
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Requ11ttd" adjacent to number.
PENALTY FOR PRIVATE
USE,~.
RETURN
TO
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•
18011 i ll8DCUii&9
P.O.BOX9
!A6LE. 00 81631
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end 4.
Put your addreat e "RETURN TO" Space on the reverse •Ide. Fellu
card from Ming ~n~•~d~t~o:.,,:v~o~u$.J;1;~~~~~fol~~lljc;~~~~
ALPINE ANIMAL HOSPITAL
17776 HIGHWAY 82
~ARBONDALE, CO 81623
6. Signature -Addressee
x
Type of Servloe:
D Registered
6'l Certified
D Express Mall
0 Insured
D coo.
'
Always obtain signature of addressee
or agent end DATE QEL!YEREP.
8. Addressee's Address (ONLY I
requested and fee paid)
DOMESTIC RETURN RECEIPT
Print your name. addrea, ind ZIP
Code In the apact below.
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thvev1rse.
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U.S.MAIL"
PENALTY FOR PRIVATE
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TO
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JOSEPH E. JR. & LINDA B. EDWARDS
201 NORTH MILL ST., SUITE 201
ASPEN, CO 81611
6. Signature -Addressee
x
I'S Form S81 I, MSI. 1987 * U.S.O.P.O. 1987·178-268
Type of Service:
0 Registered
Q!I Certified
D Express Mall
D Insured
D COD '
• •
Always obtain signature of addr
or agent and PATE OE LIVERED.
8. Addressee's Address (ON Y Tf
requested and fee pald)
DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
Print your name, addr .. , and ZIP
Code In the 1P8CI below.
• Complete Items 1, 2, 3, end 4 on
the nvef'M.
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of attic e.
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R u•ted" edjecent to numtJer.
iiU.iiS.iiiMAliiiiL 111
PENA.LTV FOR PRIVATE
USE, S300
RETUllN :...... Print Sender's name, address, and ZIP Code In the space below.
TO .....
• •
P.075 393 341
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOEO
NOT FOR INTERllATIONAL MAIL
(See Reverse)
• SERVICE
Certified Fee
Special Dellvery Fee
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to whom and Date Delivered 1.00
$ 2.29
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p 075 393 33b
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOEO
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(See Reverse)
Postage $ .29
Certified Fee 1.00
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to who,m and Date Delivered
p 075 393 340
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COV,ERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
I ~!CKI.N.GBll~__j
P.O., State and ZIP Code o DALLAS, TX 75235 ~ rP_o_•_••_g•~~~~~~~~+-'~~·-2_9-;
• Certified Fee
Special Delivery Fee
Restricted Delivery Fee
1.00 Return Receipt Showing
to whom and Date Delivered
p 075 393 337
RECEIPT FOR CERTIFIED MAIL
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• Sent tQ.. __ i RICHAKJJ & TERRY CERISE
i Sf'f6~d f'i'l:GllWAY 82
170 2
P.O., State and ZIP Code ~~lil.nQNllAL,E.,___.cl:L.__81.fi,2..3~~~
d Postage $
~ t-~~~~~~~~~--t~-·_2_9~-1
• Cenlfled Fee 1. OO
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
Return receipt showing to whom,
Date, and Address of Oellvery
() -
1.00
$
p 075 393 339
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
~ Postage
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(See Reverse)
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to whom and Date Delivered
$ .2
i •
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RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTER~ATIONAL MAIL
(See Reverse)
S~PH E. JR.&{.INDA B. EDW s
Street and No.
P.O., State and ZIP Code
ASPEN CO 81611
Postage s .29
Certified Fee 1.00
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered 1.00
ER: I also wish to receive the
following services ffor an extra j"
feel: ·
1. 0 J'i.ddressee's Address
DOMESTIC RETURN RECEIPT
UNITED STATES POST AL SERVICE
Offlclal Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAClE. $300
Print your name, address and ZIP Code here
• OAFIFIELD COUNTY ''I' •
Pl.ANNING DEPARTMENT'
1-09 BTl-t s;. ·SUITE 303
GLENWOOD SPRINGS, CO 81801 •
- - - - - - - - - - - - - - - - - - - - --------------- ---------------- - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - - - - - - - - -
'.,R S ER: •I • Complete items 1 and/or 2 for additional services.
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• Attach this form to the front of the mailpiece, or on the back if space
does not permit. ,Z • Write "Return Receipt Requested" on the mail piece below the article number.
• The Return Receipt will show to whom the article was delivered and the date g delivered.
2. 0 Restricted Delivery
Consult ostmaster for fee. J 3. Article Addressed to': 4a. Article Number
f. JOSEPH E. JR & LINDA B. EDWARDS
e 201 NORTH MILL ST. SUITE 201
8 ASPEN, CO. 81611
I· ~
• UNITED STATES POSTAL SERVICE
Official Business
I II II I
PENAL lY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
g
Print your name, address and ZIP Co~e h • ~ri ere
GARFIELD COUNTY ' •
Pt.ANNING DEPARTMENT
1-09 8TH ST. • SUITE 303
GLENWOOD SPRINGS, CO 81801 •
Ji ER: "I Complete Items 1 end/or 2 for additional services.
• Print your name and address on the reverse of this form so that we can
return this card to you. i Complete items 3, and 4e & b.
I also wish to receive the
following services (for en extra §
fee): Cl)·~
1. D Addressee's Address i • Attach this form to the front of the mallpiece, or on the beck if space
does not permit. .a • Write "Return Receipt Requested'' on the mallplece below the article number. I • The Return Receipt will show to whom the article was delivered and the date g delivered.
2. D Restricted Delivery
Consult ostmaster for fee, i ::~::e Add<essed to:
8 1625 l!OCKINGBIRD LANE
' ,.._~~"'->.LU"-----E ~z 202 124 300 a
4b. Service Typ•RR'T'URN RF.CEIPT ~ D Registered -CTlnSUl'ecr-
1{] Certified 0 COD
4a. Article Number
D Express Mail i DALLAS, TX. 75235
-~==""-'"'----~ ct 7. Date ~~ry .....
~~--~-----------1-~~-'-~-"---+----""I-"-~~ ~-Signature IAddresseal 8. ~~Jr1~~·r:·;.fd1dress requested ~
DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
Offlclal Buslnesa
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
• u
Print your name, address and ZIP Code here • .. GARFIELD COUNTY
PlANNING DEPARTMENT
109 8TH ST. -SUITE 303
Gl.ENWOOO SPRiNGS, CO 81801
•
•
'.ii ER: •I Complete items 1 and/or 2 for additional services.
• Print your name and address on the reverse of this form so that we can
return this card to you. I Complete items 3, and 4a & b.
I also wish to receive the
following services (for an extra ~
feel: '!::
1. D Addressee's Address cX • Attach this form to the front of the mailplece, or on the beck if space
does not permit. I • Write "Return Receipt Requested" on the mallpiece below the article number.
• The Return Receipt will show to whom the article was delivered end the date S delivered.
2. D Restricted Delivery
Consult ostmaster for fee.
4a. Article Number
l a: I 3.p~;~~CAd:;;~;~;:
E P. 0, BOX 840 SUITE 400
8 DENVER, CO, 80201-0840
1--Z_20~9_1_9_4~30_1~~~~~~~1
4b. Service TYa!'IllRN RRCEIPT _
I
D Registered UlnSufeO
JP Certified 0 COD
D Express Mail
"' ·~
r1~.-;:;-==--::.~r:c:cr--""":""""""""'--~~
:;:--,,,,--:----;-;--.-;-:------:-~~~~~~~-r-::-~,..._-rt~"71''--::;:-;"-:-;-~--.,.-;~ 8. ess (Only if requested J
"u.s. GP°', ......... ..,,. DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE I •
PENALTY FOR PRIVATE e
USE TO AVOID PAYMENT
Offlclal Business
•
OF POSTAGE, $300
Print your name, address and ZIP Code here
GARFIELD COUNTY
PLANNING DEPARTMENT
1-09 8TH ST. • SUITE 303
GLENWOOD SPRINGS, CO 81601
•
•
Ji ER: 'I Complete items 1 and/or 2 for edditiona1 services.
I Complete ltems 3, and 411 & b.
Print vour name and address on the reverse of this form so that we can
return this card to you.
I also wish to receive the
following services (for an extra j.n
feel:
1. D Addressee's Address • Attach this form to the front of the meilpiece, or on the back U space
does not permit. ,Z • Write "Return Receipt Requested" on the mei1piece below the article number· 2. O Restricted Delivery :§.
• The Return Receipt wlll show to whom the article was delivered and the date IC'!!
C delivered. Consult ostmaster for fee. I j 3. Article Addressed to: 4e. Article Number
I RICHARD & TERRY CERISE ~z:::.....:2"'0~9 -10..:9"'4'-"'4"'09"------i E 4b. Se'.vice Type RR'l'URN RRCEIPT ell
8 17072 HIGHWAY 82 0 Registered -oinsurecf-
gj CARBONDALE, CO 81623 !XI Certified 0 coo .f
~ D Express Mail O Return Receipt for :J
Merchandise k
• 7. Date of Delivery .J:' ~_Ll_~~.d._~~~'.___J_~~SL_i--l~-9~i:__~~-[
I Q. Signature (Addressee) 8. Addressee's Address (Only if requested .a.:
and fee is paid) ~
.gnature (Agent)
~~~~~~~~--~~~-'--~~~~~~~~
; PS Form 3811 , Decer_nber 1991 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
Offlclal Business
··--.· • ii
Print your name, address and ZIP Code here
• •
GAR!;'i. p COUNTY PLAN DEPARTMENT
109 8 . T. -SUITE 303
OLEN .. · ·· SPRINGS, CO 81801 •
ER:
Complete items 1 end/or 2 for edditional 1ervlces. I also wish to receive the
following services (for an extra ~ • Complete items 3, and 4e & b.
Print your name and eddress on the reverse of this form so that we can fee): l"
return this card to you.
• Attach this form to the front of the mallplece, or on the back if space 1. D Addressee's Address
does not permit.
"
•=<=W=rl:.:te"·'-·R_•_'"_'"_"•_'_•_'"_'_"_••_"_•_"_•_•·_· o_"_'_he_m_•_Hp-1•_'_•_•_•_'
0
_w_t_h•_•_"_'_"_'_""_m_be_•,_· -"'"2.::.=0:...rR.=e.=s.::t.::ri"c"te
00
d"-'D"e'-li-'v"e"ry'----a:.i~ • The_ Return Receipt will show to whom the erticle was delivered end the date
delivered. Consult ostmaster for fee.
3. Article Addressed to: 4a. Article Number
ALPINE f\NIMAL HOSPITAL Z209194408 i
17776 HIGHWAY 82 1-4-b-'.:.:s:.::e:.::rv-=ic.::.e...:T_ycpS°.;;.;,E=T=u=RN-RE_C_E~I-P_T_ !
CARBONDALE, co. 81623 0 Registered 0 Insured
·~ Certified 0 COD
.. u.s. opo, tll03-3S2-7t4 DOMESTIC RETURN RECEIPT
GARflELD COUNTY
Print your name, address and ZIP Code here
• •GARFIELD COUNTY "lf}
PLANNING DEPARTMENT
108 8TH ST. • SUITE 303
GLENWOOD SPRINGS, CO 11901 •
• RE8CHEDULED PUIUC NOTICf. TAKE NO'llCe M ROIERT •GLORIA~ ANO DON IV&R8 Mire appli.::t \0 \ht Zoning B
A-nl,G""'ld°"""',-.. Colo!ado,lo91
Va"'"°" \0 hctlon :l.o6.0il, a.otbn 3.08.05. s.cclon
3.qG ............ ~· -·.Q1~ Oellitl4~ . . .. ·. . . .. • ..,.... "
In OOMldiOn h ~ property
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<NE11408!0TION13, 'IOWNllHil'780Ulll.llANCIE
17 W£8T ~ ti! 9IX!N :l'lltllolP~L ~.
OOUMTyOFQA~,tTAn!Of'~O'ISND
PARCEL.MING MOAl!PAATioUl.AAl.I' DE80NBED
ASFOUOW~ '
COMENCINCIATTH~TOORN£AOF8AIO
8ECTIOH U, A-· ON' IN PLAOI!: THEl«>E N
47.tt't ... w uoo;ra FEET TO 'A' POINT 0 1lE
NORT£ALV RIOHT.oF-:WAY ot= tEW 81ATE HIQ.
WAY NO. ~. 8111(> l'C!'IT Al.80 BEING OF n<E
EASll!ALYl,tliOF~AFll!U>OOUN'IY, THETllUE
POINTOFsEOlllNO;'lllENCELEAVINGSAIOEAST·
ER\.. YUH EN l.NO'te•wALONG aA.IQNOATHERt.Y
AtOHT-OF.\VA.Yt1.otF~ET;THENOEOONTINUtNCI
ALONG 8410 NORTHERt V AHJHT-Of·WAY N
6422'..0-W 21"8 F!ET; Tl£NOE OONTIUINO
ALONG BAIDAIGH1'-0FVIAY ALONG THE Alie OF A
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AECOADEA'B OFFICE; THEIOCi' LEAVING BAIO
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THE EABTEAL Y UNE OF SAID RECEPTION NO.
206601782..44 FEET;THENOE LEAVING eAJb EAST·
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30'24"'' E 190.118 FEST; THENCE 8 '17'63'27' E
•7.74FEETTOAPOINTONTHEEASTER\..YLINEOF
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IAIO EASTERL. y LINE naee FEET TO TI! TfWE
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17 A83 ACAES, MOAE OR LE88 •
• ,... .... _,,.,, l-..1~ .. -.
-82, ..... --Id Counly u..,.
8aJd ValtanOI ac>P!lcetlon .. to albw for tht ~
of ft'llll l•mly ctw.11"'9• on lndMcfulll li:Q .._ bn th9
--by-•ndlo-y~
.... thM \ht rnk\fn"l.lm iloW9d bo/ z.onlflSI.
ontht lbe:w• ff11C;hd pl'QP9rty.
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""""""'-....... ot 11111Ith ...... 8 .... 300, Garfleld County~. Olitnwoc>d 8Pcfno-.
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Mond.., ...... hF ......
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7:00 p.rn., .t the omo. ol hi Zoning SO.rd ol Mfvtt·
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l'IEOa'DEllS OFFICE: ne.:EIEIMNBMD
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• PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO. }
COUNTY OF GARFIELD.
SS. 25768
Gary Dickson
I, ........................................................................................ .
•
do solemnly
swear that I am ......... !:'Y.!?JJ!?.h~.L ..... . ........................................ of the
GLENWOOD POST; that the same is a newspaper printed, in whole
or in part, and published in the County of Garfield, State of Colo-
rado and has a general circulation therein; that said newspaper has
been published continuously and uninterruptedly in said County of
Garfield for a period of more than fifty_t,vo consecutive weeks next
prior to the first publication of the annexed legal notice or advertise-
ment; that said newspaper has been admitted to the United States
mails as second.class matter under the provisions of the Act of
March 3. 1879, or any amendments thereof. and that said newspaper
is a newspaper duly qualified for publishing legal notices and acL
vertisements within the meaning of the la,vs of the State of Colorado.
That the annexed legal notice or advertisement was published in
the regular and entire issue of every number of said newspaper for
1
the period of ................ consecutive insertions; and that the first pub_
lication of said notice was in the issue of said newspaper dated
~.?..1.Y.: . ..3.9. .......................... A.D., 19 .... 9.A .... and the last publication of said
notice was in the issue of said newspaper dated .Jitb ... .JQ ....... A.D ..
19 ...... 9..4 __
In witness whereof I have hereunto set my hand this .. }Q~.h .........
day of .. J.uli ........................................ A.D.. 19 .. .9.4 .... .
""···········c;e-;;;;;a1··Kia;;ag:;;;7p;:;i)J;;h~~-............................. .
Subscribed and sworn to before me, a notary public in and for the
County of Garfield, State of Colorado. this ........... )Qth ................. day
J r· 4 Of ...... t1 .. .J .................................................. A.O., 19 ...... 9. ... .
(SEAL)
,. .................................................................... ., .. ., ....... .
Notary Public
My Commission Expires ................................................................................... ., .. .
2014 Grand Ave., Glenwood Springs. CO. 81601
z 209 194 299
Receipt for
Certified Mail
No Insurance Coverage Provided ~ Do not use for International Mail
!See Reverse)
Sent 10
IDVALLEY METROPOLITAN DIS,
S11ee1and No
i<, ;. n>nu nn
p.o. S1;o1e and Zif' Codf'
.. ,aro•Tm . CO-81'"'
Postage $ ,29
Certified Fee 1.00
Sdflc'iai"'"f)/,1,111:-'i~ f'e(, I . --· ll~~'st lctfc1·[)(;1rvNY',rPc'
Return Acceopt Showing
to Whom & Date 0.:.hvered
Return Receipt Showing to Whom,
1.00 Date. and Addressoo·~ Addrnss
TOTAt Postage $ 2.29 & Fees
Postmark or Date
'
I 1~:J9-9'f
l
'
Sent to
z 209 194 410
Receipt for
Certified Mall
No Insurance Coverage Provided
Do not use for International Mail
CSee Reverse)
)SEPH E .• n /r nm• R --~~ -
5251anN'ORTH MILL ST. SUITE 2)
P.O., State and ZIP Code
fb§?._EN, C0-816~.
$ ,2Q
Certified Fee 1.00
S~ciill pe!iverv fee I
'
Fle$1ricted Dehverv Fee I '
Return Receipt Showing
to Whom & Date Delivered i,nn
Ra1um Receipt Showing to Whom,
Dale, and Addressee's Address
TOT Al Postage $ 2.29 & fees
Postmark or Date
·J-~q.q1{-
- -
-------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1
~
.c
I! ~
i
~
&
~·
-
z 209 194 300
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
5
'"' ''\r ANT EX
i'ITT! ~"'fil>cKINGBIRD LANE
P 0. Stale ;rnd ZIP Code
DALLAS -'l'-X~ ]5235
Pos1 .. yc ' $ .29
Ceitif1cd Fe.., 1.00
~~er.If vclil!Ny'I c'r
Re'sf(ictCH' UC!i\/Ny Fee
Return Rcccopl ShOW•ng 1.00 to Whom & Dale Ochvcrcd
Return Rcce•p! Showing 10 Whom.
Date, and Addressee's Addrcs~
TOTAl Poslagc $
. 2,29
& Fees
Postmark or Date
I
!
L_1~~q-9'f I
I -I .
z 209 194 301
Receipt for
Certified Mall
-No Insurance Coverage Provided
.imrm1 Do not use for International Mail
{See Reverse)
S.nll•PUBLIC SERVICE
Jtreet and No
• O. BOX 840. SUITE 400
P.O., State and ZIP Code
D~NYll..~ •. ~O 80201-0flL.n p.,_
$ .29
Certified Fee
1.00
I
!
le , jSpeciafckil'rw'filY rve I ' ' .Ril's1;1e1ecfOellverv Fee ' ' I
Return Receipt Showing
to Whom & Date Delivered 1.00
Return Receipl Showing 10 Whom,
Oete, and Addressee's Address
TOTAL Postage $, ?Q & Fees
Postmark or Date
'1-:<9-'lf ' J_ i
-----. -... __ I
I
~
z 209 194 409
Receipt for
Certified Mall
No Insurance Coverage Provided
;;;;;' Do not use for International Mall
(See Reverse)
"-'l:~HARD & TERRY CERISE
Slreet arid No.
17072 HIGHWAY 82
P.O., Stale and ZIP Code
l-CARBDl>lllALE. -M ",~~ ...,, .... $ .29
Cerlified Fee 1.00
iSpeci&I O(tlivel'y Fve i ' .
~Res1;1tled-Delivery Fee
Return Receipt Showing
to Whom & Date Delivered 1 on
Return Receipt Showing to Whom,
Dale, and Addressee's Addl'ess
TOT Al Postage $ ? ~n 6 Fees
Poslmark or Date
I 1 ·~1-CJc/
1 I
' -_ .. ----· -·
z 209 194 40f
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
kt'P'INE ANIMAL HOSPITAL
i"nrg "i!IGHWAY 82
P 0 . State and ZIP Code
CARBONDALE, co " '00
t'oslage $ .29
Cert1lted r cc 1.uu
Sl)'!t\<11 o..:liv~r\< Fi:!C
CstfktNf [)CtivNy Fee
Re1um Receipt Showing 1.00 10 Whom & Dale Delivered
Return Rcce>pt Show.,19 to Whom.
Date. and Addressee's Address
TOTAL Postage $ 2.29 & Fees
Postmark or Dale
I 'J. :l. 9 _ 9 y
-
I
------------------------------------• •
RESCHEDULED PUBLIC NOTICE
TAKE NOTICE that ROBERT & GLORIA ARNOLD AND DON BYERS have applied to
the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variances to
Section 3.06.04, Section 3.06.05, Section 3.06.06, Section 3.06.08, and Section 5.01.05 of the
Garfield County Zoning Resolution of 1978, as amended, in connection with the following
described property situated in the County of Garfield, State of Colorado; to-wit:
Legal Description: See Attached
Practical Description: Located adjacent to State Highway 82, at the Eagle/Garfield County
Line.
Said Variance application is to allow for the placement of multi family dwellings on individual
lots less than the minimum allowed by zoning and to allow yard setbacks less than the
minimum allowed by zoning
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 a rescheduled public hearing on the application has been set for the 16th day of August
1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield
County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado
Planning Department
Garfield County
• •
PROPERTY DESCRIPTION
LOT 2B (ZONED R/G/UD)
SOUTHERLY PARCEL
•
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
Sl/2NEl/4 AND IN THE SE1/4NW1/4NE1/4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF ~OLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33 1 A BRASS CAP
IN PLACE; THENCE N 47°22 1 10" W 3300. 72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, TfIB TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 53°40'18 11 W ALONG
SAID NORTHERLY RIGHT-OF-WAY. 91. 02 FEET i THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY N 54°22 1 40" W 213.65 FEET; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2964. 79 FEET. AND A CENTRAL ANGLE OF
15°27'09 11 , A DISTANCE OF 799.59 FEET (CHORD BEARS N 63°29 1 53 11 W
797. 17 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 01°28 1 48 11 E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 205501
792.44 FEET; THENCE LEAVING SAID EASTERLY LINES 69°40'23" E 390.95
FEET; THENCE S 30°24'44" E 190.69 FEET; THENCE S 77°53'27" E 487.74
FEET TO A POINT ON THE EASTERLY LINE OF GARFI.ELD COUNTY; THENCE
S 00°00'20" W ALONG SAID EASTERLY LINE 923.68 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 17.483 ACRES, HORE OR
LESS.
93097.01
JANUARY 14, 1994
TOTAL P.02
2391-332-00-027
2391-334-00-009
2391-334-00-009
(9326APOG)
• •
ARNOLD MEADOWS
ADJACENT PROPERTY OWNERS
TO GARFIELD COUNTY PROPERTY
PUBLIC SERVICE
P.O. BOX 840, SUITE 400
DENVER, CO 80201-0840
VANTEX
I 825 MOCKJNGBIRD LANE
DALLAS, TX 75235
MID VALLEY METROPOLITAN DISTRICT
2542 EMMA ROAD
BASALT, CO 81621
JOSEPH E. JR & LINDA B. EDWARDS
201 NORTH MILL ST., SUITE 201
ASPEN, CO 81611
RICHARD & TERRY CERISE
17072 HIGHWAY 82
CARBONDALE, CO 81623
ALPINE ANIMAL HOSPITAL
17776 HIGHWQY 82
CARBONDALE, CO 81623
July 27, 1994
Mr. Steve Isom
Isom & Associates
P.O. Box 9
Eagle, CO 81631
•
RE: Variance Request
Dear Steve:
GARFIELD COUNTY
BUILDING AND PLANNING •
The application for Variances to Section 3.06.04; Section 3.06.05; Section 3.06.06; Section
3.06.08; and Section 5.01.05 of the Garfield County Zoning Resolution of 1984, as amended,
has been re-scheduled for a public hearing before the Zoning Board of Adjustment on August
16, 1994, at 7:00 PM, in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood
Springs, Colorado. It is suggested you or your authori:zed representative be in attendance.
The public notice will be submitted by the Planning Department to the Glenwood Post or other
newspaper of general circulation for publication one time, at least, 15 days prior to the hearing.
We will contact the paper directly regarding obtaining the proof of publication and billing. In
addition, copies of the public notice form will be mailed by the Planning Department by
certified return-receipt to all property owners within 200 feet of your property no less than five
(5) days prior to the hearing. The proof of publication from the newspaper, certificates of
mailing and retum-recei pts from the mailing will be available at the Planning Department prior
to the public hearing.
Please contact this office if you have further questions regarding your application or public
hearing.
smr;;,.
Dave Michaelson
Planner
DHM/sa
109 8TH STREET, SUITE 303 · 945-821~625-55711285-7972 · GLENWOOD SPRINGS, COLORADO 81601
July 6, 1994
Mr. Steve Isom
Isom & Associates
P.O. Box 9
Eagle, CO 81631
•
RE: Variance Request
Dear Steve:
GARFIELD COUNTY
BUILDING AND PLANNING ••
The application for Variances to Section 3.06.04; Section 3.06.05; Section 3.06.06; Section
3.06.08; and Section 5.01.05 of the Garfield County Zoning Resolution of 1984, as amended
has been scheduled for a public hearing before the Zoning Board of Adjustment on July 25,
1994, at 7:00 PM, in Suite 301, Garfield County Courthouse, 1098th Street, Glenwood Springs,
Colorado. It is suggested you or your authomed representative be in attendance.
A copy of the enclosed public notice must 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 direct) y regarding obtaining the proof of publication and billing.
In addition, copies of the public notice form must be mailed by certified return-receipt to all
property owners within 200 feet of your property no less than 5 days prior to the hearing. All
mailings must be completed no later than July 19, 1994 to ensure compliance. The proof of
publication from the newspaper, certificates of mailing and return-receipts from the mailing
must be submitted to staff, prior to the public hearing.
Please contact this office if you have further questions regarding your application or public
hearing.
Sincerely,
Dave Michaelson
Planner
DHM/dhmm
109 8TH STREET, SUITE 303
.. .,,.,,' ' ---... _. -~.,, .. '-c ..
945-82121625-55711285-7972 GLENWOOD SPRINGS, COLORADO 81601
• •
PUBLIC NOTICE
TAKENOTICEthatROBERT&GLORIAARNOLDANDDONBYERShaveappliedto
the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variances to
Section 3.06.04, Section 3.06.05, Section 3.06.06, Section 3.06.08, and Section 5.01.05 of the
Garfield County Zoning Resolution of 1978, as amended, in connection with the following
described properly situated in the County of Garfield, State of Colorado; to-wit:
Legal Description: See Attached
Practical Description: Located adjacent to State Highway 82, at the Eagle/Garfield County
Line.
Said Variance application is to allow for the placement of multi family dwellings on individual
lots less than the minimum allowed by zoning and to allow yard setbacks less than the
minimum allowed by zoning
on the above-described property.
All persons affected by the proposed Variance application are invited to appear and slate 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 localed at I 09 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 25th day of July, 1994, at the hour
of7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse,
Suite 301, 109 8th Street, Glenwood Springs, Colorado
Planning Department
Garfield County
REQUEST:
• •
BOA 7/25/94
PROJECT INFORMATION AND STAFF COMMENTS
Variances from Sections 3.06.04 -
06, 3.06.08 and Section 5.01.05
dealing with setbacks, lot coverage
and minimum lot siz.e
APPLICANT: Robert and Gloria Arnold, Don Byers
I.OCATION:
SITE DATA:
Located on the north side of State
Highway 82, at the Garfield/Eagle
County line
17. 48 acres in siz.e
WATER/SEWER: Central water/sewer
ACCESS: State Highway 82
EXISTING AND ADJACENT ZONING: RIG/VD
I. RELATIONSHIP TO THE CQMPREHENSIVE PI.AN
The tract of land is located in District C, Rural Areas, Minor Environmental
Constraints and District D, Rural Areas, Moderate Environmental Constraints.
II. DESCRIPTION OF THE PROpQSAL
A. Site Description: The subject property is primarily historic agricultural land,
which has been divided by the State Highway 82 right-of-way. The current
alignment of SH 82 has created two geographically separate parcels: an 11.761
acre parcel on the south side of the new four land; and a 28.331 acre parcel to the
north of the new four land. The 17 .48 acre tract is a part of the 28.331 acre
parcel to the north of the highway.
The parcel slopes gently to the north, and is bisected by Blue Creek. The area
in question is between the highway and Blue Creek.
B. Request: The applicant is requesting a number of variances:
1. Section 3.06.04 -Minimum Lot Area. The minimum lot area in the
R/L/UD zone district is 7500 sq. ft.. The applicant is requesting a
variance to allow a 500 ft. lot area for a condominium or townhouse unit,
that would have an interest in a common area that would exceed the 7500
sq. ft. lot area.
• •
2. Section 3.06.06 -Minimum Setback
a) front yard -reduce the minimum of25 ft. to 15 ft. from a private
road right-of-way.
b) rear yard -reduce the 25 ft. minimum to 0 ft. between units with
common walls and 5 ft. for units adjacent to common open space.
c) sjde yard -reduce the minimum 10 ft. or 1/2 the height fo the
principal building to:
(I) 0 ft. for units with common walls in the same building
(2) 15 ft. between buildings
(3) 5 ft. for units adjacent to common open space
3. Section 3.06.08 -Maximum Floor Area Ration -reduce the 0.50: 1.00 to
2.0:1.00
4. Section 5.0.05 -Frontage -reduce the 25 ft. minimum to 20 ft.. See the
enclosed application on pages ___ _
III. MAJOR ISSUES AND CONCERNS
A. Section 9.05.03 of the Zoning Resolution (Variance -Action by the Board of
Adjustment) states that the Board may authori:z.e a variance to relieve hardship,
provided:
1. That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardship upon the owner of said property;
2. That such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose
of the General Plan or this Resolution;
3. That the circumstances found to constitute a hardship were not cause by
the applicant, are not due to or the result of general conditions in the
district, and cannot be practically corrected;
4. That the concurring vote of four (4) members of the Board shall be
necessary to decide in favor of the appellant.
B. Zoning/Subdivisioff The Residential/Limited/Urban Density (R/L/UD) zone
allows multi-family dwellings as a use by right. The definition of a subdivision
is defined as "any parcel of land in the state which is to be used for
condominiums, apartments or any other multiple dwelling units ........ "
The requirement fora multi-family dwelling to be subject to a subdivision action
creates a conflict with the County's Zoning Resolution in that there are no
setbacks, lot coverage requirements, floor area ratio requirements oflot frontage
requirements for units with common walls and higher net densities than one unit
per 7500 sq. ft. This conflict has never been an issue in the past, since there have
been no requests for multi-family units in the R/L/UD zone district.
. '
• •
In staff's opinion, the conflict between the use by right for multi-family and no
provisions for higher densities through different setback, lot coverage and
frontage requirements is a hardship created by zoning
IV. SUGGBSTED FINDINGS
I. That the application for Variance was found to be consistent with the
requirements and standards of Section 9.05 of the Garfield County Zoning
Resolution of 1978, as amended.
2. That proper publication and public notice was provided as required for the
public hearing before the Zoning Board of Adjustment.
3. That the public hearing before the Zoning Board of Adjustment was extensive
and complete, that all facts, matters and issues were submitted and that all
interested parties were heard at the meeting.
V. RECOMMENPATION
APPROVAL, of the proposed variance requests.
•
ISOM & ASSOCIATES
Architecture Land Planning
30 June 1994
Dave Michaelson
Garfield County Building and Planning
l 09 8th Street, Suite 303
Glenwood Springs, CO 81601
Project Management
•
RE: Variance Application for the townhouses and duplex in Arnold Meadows
Dear Dave:
Pursuant to Section 9.05 of the Garfield County Zoning and Subdivision Regulations, we are
submitting an application for a variance from:
Section 3.06.04-Minimum Lot Area: 7 ,500 square feet.
This variance would allow for a minimum footprint of 500 square feet for a townhouse
or condominium unit and a percentage of common open space for an aggregate total of
7500 square feet. The project contains 50 multi-family units (50 x 7,500 = 375,000
square feet required) located on 708,862 square feet for a density of 14, l 77 square
feet per unit.
Section 3.06.05-Maximum Lot Coverage: Fifty percent (50%).
This variance would provide for a maximum lot coverage of l 00%, the aggregate
being located in the common open space.
Section 3.06.06-Minimum Setback:
(1) Front Yard, (b) Local Streets: Twenty-five (25) feet from front lot line.
This variance allows for a setback of 15 feet from private road right-of-way.
(2) Rear Yard: Twenty-five (25) feet from rear lot line.
This variance would allow for:
(a) 0 setback between units in the same building
(b) 5 foot setback for units from common open space parcels.
(3) Side Yard: Ten (10) feet from side lot line or one half (1/2) the height of
the principal building, whichever is greater.
This variance would allow for:
(a) 0 setback for units with common walls within the same building
(b) Fifteen (15) feet between buildings
( c) Five ( 5) feet for units from common open space parcels.
PO Box9
-~ 'Jt/,,,
Eagle, Colorad~ (303) 328·2388 FAX 328·6266
• •
Section 3.06.08-Maximum Floor Area Ratio: 0.50: 1.0 or as further provided
under Supplemental Regulations.
This variance would allow a F.A.R of2: 1 as the townhouse lots created would be a
minimum of 500 square feet on the first floor. The aggregate with open space would
still be 0.50: 1.0.
Seclion 5.01.05-F1·ontage: Each lot in separate ownership shall have at least
twenty-five (25) lineal feet of frontage on a street right-of-way.
This variance would provide for each lot in separate ownership to have at least twenty
(20) feet of frontage to a common access easement connecting to a public right-of-way.
All common open space and access easements shall be owned and maintained by a
homeowner's association as provided in the protective covenants to be filed with each
final plat.
The following are the submittal requirements:
(A) A Preliminary Plan/Landscape Plan depicting the proposed improvements, setbacks
and access points.
(D) The Vicinity Map is on the Preliminary Plan.
(C) A legal description and a Title Policy are enclosed.
(D) Arnold Meadows is located about 1 1/2 miles west on El Jebel, north of Highway
82 on the eastern boundary of Garfield County. Addresses have not been given to these
townhouses at the time of this application.
(E) The names and addresses of all adjacent property owners are enclosed.
(F) Water and sewer are being supplied by the Mid Valley Metropolitan District.
(G) The Final Plat will be submitted by mid-July to Garfield County.
(H) The variance from the minimum lot area of7,500 square feet per unit is being
requested for 48 townhouses on 708,862 square feet (48 x 7,500 = 360,000 sq. ft.
required.)
(1) The variance from the side yard setback and the minimum lot area are both necessary
to facilitate townhouse platting with common walls and zero building setback at a future
time when the townhouse and duplex units are constructed. The current zoning
regulations do not contain provisions to allow for multi-family platting into separate
ownership within R/G/UD zoning.
-
• •
(J) I. The request is for the minimum necessary to alleviate the practical difficulties of
being unable to divide multi-family units into separate estates.
2. The granting of this will not cause any detriment to the public good or to the
intent or purpose of the general plan or Resolution 9.05.
3. The circumstance of being unable to build and sell multi-family units within the
R/G/UD Zone is a definite hardship that was caused by the regulation and not
by the applicant and is not due to general conditions within the district. This
condition cannot be practically corrected without this variance.
Please schedule this application to be heard at the July 25th meeting of the Zoning Board of
Adjustment.
Please call me at 328-2388 if you have any questions.
Sincerely,
Ken Long
Isom and Associates
cc.: Don Byers
Bob Arnold
Attachments: application
check
9l26vurl
Preliminary Plan/Landscape Plan
legal description
SCHEDULE A
ORDiR NUKBBRI '3022285 COMMITMENT NUMBER: N/A
1, EFFECTIVE DATE1 December 27 1 1993 at 7141 A,H,
2, POLicY OR POLICIES TO BE ISSUED1 AMOUNT or INSURANCE
A. ALTA ONlllRS POLICY S 600,0DO,OO
PROPOSED INSt1RBD1 STORAGE DEVELOMllNT
co.
B. ALTA LOAN POLICY
PROPOSED INSURED1 ROBERT ARNOLD
AND Ct.ORI>. H. ARNOLD
c. ALTA LOAN POLICY
PROPOSED ZNSUtu:D;
D.
$ TBD
$
3. THB ESTATE OR INTEREST IN TH£ LAND DESCRIBED OR RllFERRBD TO IN T"XS
COMMITMENT AND COVERED HERllXN IS FEE SIMPLE AND TITLE TRERBTO IS AT
TllB EFFECTIVE DATE HERBOF VBSTBtl IN1
4. TH! LAND REFERRED TO IN THIS CoNKI'l'HENT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: $ 1,380.00
MORTGAGEE• $ 50.00
SEARCH FEB ' 30.00
Examiner: R.L. He.~11 ·
Clo11er Cindy
mt
POLICY OR POLICIES COMMITTED TO BE ISSUED HEREUNDER AR.B ALTA
OWNER AND/OR LOAN POLICY • (4•6•90)
STEffAkT TITLE or
GLENWOOD SPRINGS, INC.
801 COLO!W)O AVENUB
GLENWOOD SPRINGS, co. 81601
(303) 945•5434
FAX NO. (303) 945•7081
... ., ' .
• • ' SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 93022285
All of th• followin9 described property lyin9 North of the North
Line of purposed New state Highway 82.
A tract of land situated in Lots 4 and 6, in the NW1/4SE1/4, in
the Sl/2NB1/4 and in the SE1/4NW1/4Nll/4 of Section 33, Township
7 south, Range 87 west of the 6the Principal Meridian, located
in Garfield and Eagle counties, Colorado, and lying northerly of
the Northerly right of way line ot Colorado State Highway No.
82, said tract of land being more particularly described as
follows:
Beginning at a point on the Northerly right of way line of said
State highway No. 82 whence a brass cap found in place and
properly marked for the Southeast corner of said Section 33
bears s. so degrees 59'58" E. 2280.95 feet1
thence N, 72 degrees 10'33" w. 1810.20 feet along the Northerly
right of way line of said State Highway No. 92 to a point on
the Westerly line of said Lot 6;
thence N. 01 degrees 15'00" E. 629.27 feet along the
westerly line of said Lot 6 to the Southwest corner of said Lot
4;
thence N. 01 degrees 40'00" E. 1329.15 feet along the
westerly line of said Lot 4 to the Northwest corner of said Lot
4;
thence N. 89 degrees 38'19" E. 738.48 feet to the
Northeast corner of said LOt 4;
thence N. 89 degrees 39'06" E. 686.87 feet along the
Northerly line of the $1/2NE1/4 of said Section 33 to the
Southwest Corner of the SEl/4NWl/4NEl/4 of said Section 33;
thence N. 00 degrees 39'52" E· 663.47 feet along the
Westerly line of the SEl/4NWl/4NE1/4 of said section 33 to the
cent~r of the NW1/4NE1/4 of said Section 331
thence N. 89 degrees 42'43" E. 231.95 feet along the
Northerly· line of the SE1/4NW1/4NE1/4 of said Section 33;
thence S. 00 degrees 00'01" w. 3184.29 fest to the point
of beginning;
Excepting from the above the following:
(1) Parcel& conveyed to Colorado-Ute Electric Association, Inc.
in Book 559 at page 714 as Reception No. 309290 (Garfield
co.) and in Book 309 at page 181 as Reception No. 205561
(Eagle Co.).
(2) Parcels conveyed to Henry Nagel in Book 830 at Page 172 as
Reception No. 434183 (Garfield co.) and in Book 543 at Page
43 as Reception No. 439189 (Eagle co.).
continued on next page
•
SCHEDULE 8 -SECTION 1
ORDER NUMBER! 93022285 COMMITMENT NUMBER; N/A
REQUIREMENTS
THE FOLLOWING ARE THI!: R.EQUIRJ!IMENTS TO IE COMPLIED WITff 1
ITEM (A) PAYMENT TO OR FOR TRB ACCOUNT or '1'1111 CRANTORS OR MORTGAGORS
OF TME FULL CONSIDERATION FOR THB ESTATE OR IN'l'ERl!:ST TO BE INSURED.
ITEM (8) PROPER INSTRUMENT(S) CREATING THE ESTATE OR JNTER.EST TO BE
INSURSD MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1, Execution of Affidavit ae to Debt• and Liens, which is attached
or will be provided at closing.
2. A aurvey, meeting the minimum detail standards of the ALTA/ACSM,
prepared by a registered Colorado surveyor, within the last six
months, must be presented to Stewart Title Guaranty Company,
for its approval prior to the deletion of any survey exceptions
from the ALTA Loa.n Policy to be issued hereunder or the issuance
of ForTn 100 on the At.TA Loan Policy.
Stewart Title Guaranty reserves the right to take exception to
any adverse matters as shown on said survey, or make further
inquiry or requirements relative thereto. Stewart Title
Guaranty further reserves the right to exclude from Form 100
coverage and adverse matters it may deem necessary.
3. Deed from vested owner, vesting fee simple title in
purchaser ( s) ,
4, Deed of Trust from the Sorrower to t,hlf Public Trustee for the
use of the proposed lender to secure the loan.
1. Trade N11111a Affidavit of storage DevelopMGnt co. disclosing the
names and addresses of all parties.
NOTE1 For an additional charge, Stewart Title of Glenwood
springs, tnc. will provide any copies of exceptions as shown on
schedule a -section 2.
NOTE1 Provided that Stewart Title of Glenwood Springs records
the documents of conveyance in the proposed transaction the
statue of title will be updated from the time of thia commitment
to the time of said recording. lt 1aid update reveals no
intervening lien1 or other change1 in the etatu~ ot said title
Exception No. S herein will be deleted; if said update reveals
intervening liens or changes in the status of said title
appropriate action(s) will be ta~en to disclose or eliminate
Continued on next page
,.
ORDER N01 93022285
CONTINUATION SHEET
SCHEDULE B -SECTION l
(.
COMMITMENT NUMBER: N/A
said change prior to the recording of said documents.
•
• •
SCHEDULE B • SECTION 2
EXCBPTIONS
OllDER NVHBBRI P3022285 OOMKITHBNT NUMBER• N/A
Tllli1 PoL?CY OR POLICIES TO BE ISSUED WILL CON'l'AIN EXCEPTIONS TO THE
roLLOWINO UNLESS THE SAME ARE DISPOSED OF TO THB SATISFACTION or
TKE COMPANY:
1. RIGHTS OR CLAIMS or PARTIES IN POSSESSION NOT SHOWlf BY THE
PUBLIC RBCORDS.
2. BASEMENTS, OR CLAIMS or BASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN l\RBA,
BNOJ\OACHMBNTS, AND ANY !'ACTS WHICH A CORRECT SURVEY AND
INSPECTION or THE PREMISES WOULD DISCLOSE AND WHICH ARB NOT
SHOWN BY THE PUBLIC RECORDS.
4, AllY LIEN, OR RIGHT '1'0 A LIEN, fO!I. SERVICES, LABOR OR MATERIAL
HBRETOPORI OR HBllBAl''l'ER l'URNJSl!ED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RIC!OllDS.
&. DEFECTS, LIENS, ENCUMBRANCES, MVBRSS CLAIMS OR OTHER MATTERS,
IP ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECOl\l)S OR
ATTACHING SUBSEQUENT TO THE BJFECTIVB DATE HEREOF BUT PRIOR
TO THE DATB PROPOSED INSURED ACQUIRES or RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVER.ED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
The following pertain to Garfield coun~y:
7. Right of the proprietor of a vain or lode to extract and remove
hi• ore therefrom, should the same be found to penetrate or
intersect the premises hereby 9ranted, as reserved in United
states Patent recorded Novetllber 21 1 1893 in Book 12 at Pa9a 253
ae Reception No. 16563.
8. RL9ht of way for ditcheo or canalo con1tructed by the authority
of the United States, as reserved in United Statei Patent
recorded November 21, 1893 in Book 12 at Pa9a 253 as Reception
No. 16563 •
Terma conditions, reBtrictions, reservation&, proviaions,
obligations, easement and ri9ht of way as qrantad to Mountain
States Telephone and Tele9raph Company, in instrument recorded
July 15, 1968 in Book 395 at Paqe 445 as Reception No. 241319,
and in instrument recorded septetllber 23, 1974 in Book 464 at
Continued on next page
CONTINUATION SHEET
SCHEDULE B • SECTION 2
OlttJER NUMllER: 93022285 COMMITMENT NUHBER1 N/A
~10.
page BB4 as Reception No. 264856.
Terms, conditions, reetriotiona, reservations, provisions,
obligations, easaments and riqhta of way as granted to Rocky
Mountain Natural Caa Company in instrument recorded February 19,
1992 in Book 823 at Page 930 as Reception No. 431757.
11. Tet1110 conditions, restrictions, reservations, provisions, and
obligations al set forth in Boundary Line Adjustment recorded
April 28, 1992 in Book 8l0 at page 173 as Recsption No. 434184,
and subsequent Deed recorded April 28, 1992 in Book 830 at Page
172 as Reception No. 434183.
~12. Nonexclusive Easement as granted to Henry Nagel recorded in Book
872 at Page 831 as Reception No. 451468.
13. Terms and conditions of aqreemant and covenants of common Water
System recorded December 17 1 1993 in Book 886 at Page 543 as
Reception No. 456713.
14. Terms and conditions of Ditch Agreement recorded Septelllber 24,
1993 in Book 876 at Paga 414 as Reception No. 412883.
The following pertain to Eagle county:
15. Reservations or exceptions contained in U.S. Patents, or in Acts
authorising the issuance thereof, recorded November 21, 1893 in
Book 12 at page 258 reserving 1) Riqhts of the proprietor of a
vein or lode to extract and remove his ore therefrQ\11 and 2)
righte of way for ditchee and canals conatructad under the
authority of the United States.
16. Reservations or exceptions contained in u.s, Patents, or in Acta
authoriaing the issuance thereof, recorded November 21, 1893 in
Book 93 at 1age 358 reserving 1) Rights of the proprietor of a
vein or lode to extract and remove his ore therefrorn and 2)
rights of way for ditches and canals constructed under the
authority of the United States.
17. Reservations or exceptions contained in u.s. Patents, or in Acts
authorizing the issuance thereof, recorded November 26 1 1894 in
Book 48 at page 196 reserving 1) Rights of the proprietor of a
vein or l0<1e to extract and remove his ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority of the united states.
Continued on next page
I. \
CONTlNUATlON SHEET
SCHEDULE B ~ SECTION 2
ORDER MUMBER1 93022285 COMKI'l'MBN'l' NUMBER: N/A
18. All oil, 9ae, potash, and sodium and the right to prospect for,
mine and remove euoh deposits from the eame upon compliance with
the oonditions and subject to the provisions and limitations of
the Act of July 17, 1914 (38 Stat. 509), as amended by the Act
of March 4, 1933 (47 Stat. 1570), as reserved in Patent recorded
Nov8111ber 3, 1965 in Book 367 at Page 147 as Reception No.
1024&3.
19, Right of way Easements as granted to Mountain States Telephone
and Telegraph by the following documents: August 9, 1931 in
Book 116 at page 97 as Reception NO. 53313; July 15, 1969 in
Book 395 at Page 445 as Reception No. 241319; September ?3,
1974 in Book 464 at Page 584 as Reception No. 264856.
20. Right of Way Easement· as granted to Rocky Mountain Natural Gae
by instrument recorded October 16, 1961 in sook 337 at page 234
as Reception No. 215437.
21. water pipeline and right of way agreement between Briece Arlian
and Vinance Favre and Palmira Favre recorded March 27, 1961 in
Book 167 at Page 228 as Reception No. 94529.
22. Terms , conditions, reservations and restrictions as contained
in·Memorandum of Lease Between Robert Arnold, Gloria H. Arnold,
and Mid Valley Metropolitan Oiatriot recorded April l, 1965 in
Book 410 at page 191 as Reception Ne. 439192.
23. 'l'erma, conditions, re•ervatione, restrictions and easements
contained in Agreement between Mid Valley Metropolitan District
and Robert and Gloria H, Arnold recorded November 29, 1990 in
Book 543 at page 46 aa Reception No. 439192.
Notice of Lia Pandena recorded OOtober 9, 1992 in Book 591 at
pa;e 209 as Reception No· 487307, ae it may affect subject
p1'opert.y.
25. Quit ClaiJn Deed toi:m 81ue Lake Deve1opcnent company to Robert
Arnold and Gloria H. Arnold regarding a nonexclusive easement
and right of way for accaaa purpoaes recorded April 1, 1995 in
Book 410 at page 182 as Reception No. 306461.
26, Lack of access to a portion of the subject property situated
north of the parcel conveyed to the Colorado-Ute Electric
Association, Inc., by Deed recorded September 12, 1980 in Book
309 at Page 191 as Reception No. 205561.
Continued on next page
.. , ..
- --.------. -- ----.-- ------ - ---- -. -- - ---------_----·' --- - ------. --------------
( (
CONTINUATION SHEET
SCHEDULE B -SECTION ~
ORDER NUMBER• 93022285 COMMITMENT NIJKBER; N/A
NOTE1
Pursuant to Senate Bill 91-14 (C.R.S. 10•11•122) Notice
ia hereby given that:
a) The subject real property may be located in a
apecial taxing district/
b) A certificate of taxea due listing each taxing
jurisdiction may be obtained from the county
Treasurer or the county Treasurer's authorized
agent;
c) Information regarding special di.atricta and the
boundaries of sugh distrigta may be obtained
from the County Asaeeeor or the County Treasurer.
. .A ·VARIANCE APPLICATION· .
IELD cciuNTY ZONING OOARD' OF. ™ENT
'
Pllrsuan\: to SeCtiOl,l 9.05 Of .the Gatfield COunty zoning
:Resolution ROBERT ARNOLD,. GLORIA ARNOLD AND DON BYERS ..
·. (applicant/owners naine )3. 06. 64, 3. 06. 65, 3. 06. 06,
requeat(s) a variance .to Section 3_,06. 08, 5. 01. 05 . . of . the Garfield County zoning
Resolution
concerning MINIMUM LOT AREA & SIDE SETBACKS to permit CLUSTERING & ZERO SIDE YARD
_s_E_T_BA_C_K_F_OR_T_H.;.E_T_O_WN_.H_ou.;.s;..;.E...;;S ___ ~ ___ ___,in the R/G/UD
soaMI'l'I'AL RE!jlUIREMOO'S: . :
A. sketch map: showing all i.mprovement1;1 on the site, building sizes,
locations, setbacks,:and access points. ·
B, Vicinity map: showing geoeral geographic location, c. Legal description of site -copy of Deed of O\'inership.
D, Practical description of site -including address.
zone district.
E. Names and addresses of property owners adjacent to or within.200 ft. of the site
(available through the Aasessor'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 req4ested.
I. It should be demonst.J:ated ,by the above information· and statements that, • ... where by
reason of exceptional narrowness,. shallowness or sh<112!'1 of the speciftc piece of
property at the time of enactment of this Resolution, o~ by reason of exceptional
tOJZOS!raphic condition of such piece of property, or other extraordinarx and
exceptional situation 2E.. condition of such piece of proparty, the strict application
of any regulation• enacted .under this resolution would result in peculiar and
exceptional hardship upon the owner of such property•. (Section 9.05.03)
J, subject to the· above findings, the Board of Adjustment may authorize a variance
provided: . . .. . ·
9,05.03 (1): 1hat the variance granted is the rninirrx.un necessary to alleviate
such praCITcal diffkulties or undue harClshJ.ps upon the owner of said property,
9.05.03 (2): '!bat such relief may be granted witbout<substant:ial·detriment to the
public goOa-and.without substantially impairing the intent and· purpose of the general
plan or this resolution1 . .
9.05.03 (3):'Ihat the circUlll'3tances found to constitute a hardship were not caused by
the appTICant, are not due to or the result of .general conditions in the district,
and cannot be practically corrected;
K. A$250 fee rrust be submitted with the application.
PROCEDURAL RE!ilUIREMENt'S: 1. SUbmI€ tiPPlications to the· Garfield county ·nepartrnent; 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 Zonin·<;I Board of Adjustment
scheduled on the fourth 'lllursday of each month.
2. You will receive, from the Planning Department, a "Pllblic Notice ;For!ll". indicating the
·time and date ot your hearing. . .
3, Notice by publi'eation (of the public notice for;m) shall be 9iven 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 heating, and
proof of publication shall be presented at the hearing by the applicant. Section
9.05.04.(l) . .
4, Notice by ·mailing. (of the. public. notice form) shall be. sent by certified
return-receipt mail to all owners of all property within two hundred (200) feet of
the subject property at least five (5) days ·prior to the hearing, and the return
receipts showing receipt of. notice shall be presented at the· hearing by the
applicant, unless the applicant is able to otherwise show evidence of adequate notice
to such owners. Section 9.05.04.(2) ·
'!he above and attached information is correct and accur.ate to ·the best of my knowledge,
~,l~~ rzk-:4~~ ~~-iJi9(1CeSof ;wcanand,ownerl p~ ~/,J~
. . . ,
APPLICANT: ISOM AND ASSOCIATES PHOUE 303-'-328-2388 .
MAILING ADDRESS:P·O· BOX 9, EAGLE, CO 81631
•
ISOM & ASSOCIATES
Architecture Land Planning
30 June 1994
Dave Michaelson
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Project Management
•
RE: Variance Application for the townhouses and duplex in Arnold Meadows
Dear Dave:
Pursuant to Section 9.05 of the Garfield County Zoning and Subdivision Regulations, we are
submitting an application for a variance from:
Section 3.06.04-Minimum Lot Area: 7,500 square feet.
This variance would allow for a minimum footprint of 500 square feet for a townhouse
or condominium unit and a percentage of common open space for an aggregate total of
7500 square feet. The project contains 50 multi-family units (50 x 7,500 = 375,000
square feet required) located on 708,862 square feet for a density of 14, 177 square
feet per unit.
Section 3.06.05-Maximum Lot Coverage: Fifty percent (50%).
This variance would provide for a maximum lot coverage of 100%, the aggregate
being located in the common open space.
Section 3.06.06-Minimum Setback:
(1) Front Yard, (b) Local Streets: Twenty-five (25) feet from front lot line.
This variance allows for a setback of 15 feet from private road right-of-way.
(2) Rear Yard: Twenty-five (25) feet from rear lot line.
This variance would allow for:
(a) 0 setback between units in the same building
(b) 5 foot setback for units from common open space parcels.
(3) Side Yard: Ten (10) feet from side lot line or one half (1/2) the height of
the principal building, whichever is greater.
This variance would allow for:
(a) 0 setback for units with common walls within the same building
(b) Fifteen (15) feet between buildings
(c) Five (5) feet for units from common open space parcels.
P 0 Box 9 Eagle, Colorado 81631 (303) 328-2388 FAX 328-6266
• •
Section 3.06.08-Maximum Floor Area Ratio: 0.50: 1.0 or as further provided
under Supplemental Regulations.
This variance would allow a F.A.R of2:1 as the townhouse lots created would be a
minimum of 500 square feet on the first floor. The aggregate with open space would
still be 0.50: 1.0.
Section 5.01.05-Frontage: Each lot in separate ownership shall have at least
twenty-five (25) lineal feet of frontage on a street right-of-way.
This variance would provide for each lot in separate ownership to have at least twenty
(20) feet of frontage to a common access easement connecting to a public right-of-way.
All common open space and access easements shall be owned and maintained by a
homeowner's association as provided in the protective covenants to be filed with each
final plat.
The following are the submittal requirements:
(A) A Preliminary Plan/Landscape Plan depicting the proposed improvements, setbacks
and access points.
(D) The Vicinity Map is on the Preliminary Plan.
(C) A legal description and a Title Policy are enclosed.
(D) Arnold Meadows is located about I 1/2 miles west on El Jebel, north of Highway
82 on the eastern boundary of Garfield County. Addresses have not been given to these
townhouses at the time of this application.
(E) The names and addresses of all adjacent property owners are enclosed.
(F) Water and sewer are being supplied by the Mid Valley Metropolitan District.
(G) The Final Plat will be submitted by mid-July to Garfield County.
(H) The variance from the minimum lot area of7,500 square feet per unit is being
requested for 48 townhouses on 708,862 square feet (48 x 7,500 = 360,000 sq. ft.
required.)
(1) The variance from the side yard setback and the minimum lot area are both necessary
to facilitate townhouse platting with common walls and zero building setback at a future
time when the townhouse and duplex units are constructed. The current zoning
regulations do not contain provisions to allow for multi-family platting into separate
ownership within R/G/UD zoning.
• •
(J) 1. The request is for the minimum necessary to alleviate the practical difficulties of
being unable to divide multi-family units into separate estates.
2. The granting of this will not cause any detriment to the public good or to the
intent or purpose of the general plan or Resolution 9.05.
3. The circumstance of being unable to build and sell multi-family units within the
R/G/UD Zone is a definite hardship that was caused by the regulation and not
by the applicant and is not due to general conditions within the district. This
condition cannot be practically corrected without this variance.
Please schedule this application to be heard at the July 25th meeting of the Zoning Board of
Adjustment.
Please call me at 328-23 88 if you have any questions.
Sincerely,
;)_.e,u_/~
Ken Long
Isom and Associates
cc.: Don Byers
Bob Arnold
Attachments: application
check
9.126vari
Preliminary Plan/Landscape Plan
legal description
2391-332-00-027
2391-334-00-009
2391-334-00-009
(9326APOG)
• •
ARNOLD MEADOWS
ADJACENT PROPERTY OWNERS
TO GARFIELD COUNTY PROPERTY
PUBLIC SERVICE
P.O. BOX 840, SUITE400
DENVER, CO 80201-0840
VANTEX
i825 MOCKINGBIRD LANE
DALLAS, TX 75235
MID VALLEY METROPOLITAN DISTRICT
2542 EMMA ROAD .
BASALT, CO 81621
JOSEPH E. JR & LINDA B. EDWARDS
201 NORTH MILL ST., SUITE 201
ASPEN, CO 81611
RICHARD & TERRY CERISE
17072 HIGHWAY 82
CARBONDALE, CO 81623
ALPINE ANIMAL HOSPITAL
17776 HIGHWQY 82
CARBONDALE, CO 81623
- - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - -
•
PROPERTY DESCRrPTrON
LOT 2B (ZONED R/G/UD)
SOUTHERLY PARCEL
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6 1 THE NW1/4SE1/4, THE
Sl/2NEl/4 AND IN THE SE1/4NWl/4NE1/4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33 1 A BRASS CAP
IN PLACE; THENCE N 47°22 1 10 11 W 3300.72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, TffE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 53 ° 4 0' 18" W ALONG
SArD NORTHERLY RIGHT-OF-WAY 91. 02 FEET; THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY N 54°22'40 11 W 213.65 FEET; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2964. 79 FEET AND A CENTRAL ANGLE OF
15°27'09", A DISTANCE OF 799.59 FEET (CHORD BEARS N 63°29'53 11 W
797. 17 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND
RECORDER 1 S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 01°28 1 48 11 E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 205501
792.44 FEET; THENCE LEAVING SAID EASTERLY LINES 69°40'23" E 390.95
FEET; THENCE S 30°24'44" E 190.69 FEET; THENCE S 77°53'27" E 487.74
FEET TO A POINT ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE
S 00°00'20" W ALONG SAID EASTERLY LINE 923.68 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 17.483 ACRES, MORE OR
LESS.
93097.01
JANUARY 14, 1994
TC:THL P. 02
• •
SCHEDULE A
ORDER NUKIERI 93022285 COHMU'MENT NUMBElll N/'A
1. EFFECTIVE DATii Deoember 27, 1993 at 7145 A.H.
2, POLICY OR POLICIES TC BE ISSUED1 AMOUNT or INSUJIANCE
A. ALTA Olf!IERS POLICY s G00,000,00
PROPOSED INSURED1 STORAGE DEVELOMENT
oo.
B. ALTA LOAN POLICY $ TBD
PROPOSED INSURED1 ROBERT ARNOLD
AND QLO!l.IA H. ARNOLD
c. AL'l'A LOAN POLICY
PROPOSED INSVRIDI
c. $
3. 'l'HB ESTATE OR INTEREST IN '1'KE LAND DESCRIBED OR REFERJIED 'l'O IN THIS
CCMM:C'l'KSNT AND COVERED HEREIN ts l'EB SIMPLE AND TITLE THBRE'l'O IS AT
THE BFFECTIVB DATE HEREOF VESTBtl IN1
4, THE LAND REl'EIUU!:D TO IN THIS CoMMITMENT %$ PESCRIBED AS FOLLOWS:
OWNB!l.S: $ l,380.00
MORTGAGEE: $ 50.00
SEARCH FEE $ 30.00
Examiner: R.L. Haye·
Closer Cindy
mt
POLICY OR POLICIES COMMITTED TO BE ISSUED HEREUNDER ARE ALTA
OWNER AN!l/OR LOAN POLICY • (4•6•90)
BRSIGNATURB
STEWA!l.T TITLE OF
GLENWOOD SPRINGS, INC,
SOl OOLOlW>O AVENl/ll
GLENWOOD SPRINGS, co. 81601
(303) 945-5434
FAX NO. (303) 945-7081
.. "-· ... ,. ...
• • SCHEDDLE A
PROPERTY DESCRIPTION
ORDER NO: 93022285
All of the following described property lying North of the North
Line of purposed New state Highway 82.
A tract of land eituated in Lots 4 and 6, in the NW1/4BE1/4, in
the Sl/2NB1/4 and in the SE1/4NW1/4NE1/4 of Section 33, Township
7 south, Range 87 West of the 6the Principal Meridian, located
in Garfield and Eagle counties, Colorado, and lying northerly of
the Northerly right of way line of Colorado State Highway No.
82, said tract of land being more particularly described ae
follows:
Beginning at a point on the Northerly right of way line of said
State highway No. 82 whence a brass cap found in place and
properly marked for the Southeaet corner of said Section 33
bears s. so degrees 59'58" E. 2280.SS feet1
thence N. 72 degrees 10'33" w. 1810.20 feet along the Northerly
right of way line of said State Highway No. 82 to a point on
the Westerly line of said Lot 61
thenoe N. 01 de9rees 15'00" E. 628.27 feet alon9 the
westerly line of said Lot 6 to the Southwest corner of said Lot
4;
thence N. 01 degrees 40'00" E. 1329.15 feet along the
westerly line of said Lot 4 to the Northwest Corner of said Lot
4;
thence N. 89 degrees 38'19" E. 738.48 feet to the
Northeast corner of said LOt 4;
thence N. 89 degrees 39'06" E. 686.87 feet along the
Northerly line of the Sl/2NE1/4 of eaid section 33 to the
southwest Corner of the SE1/4NW1/4NE1{4 of said Section 33;
thence N. 00 degrees 39'52" g. 663.47 feet along the
Westerly line of the SE1/4NW1/4NE1/4 of said section 33 to the
center of the NW1/4NE1/4 of eaid Section 331
thence N. 89 degrees 42'43" E. 237.95 feet along the
Northerly· line of the SEl/4NW1/4NE1/4 of aaid Section 33;
thence S. 00 degrees 00'01" w. 3184.29 feet to the paint
of beginning;
Excepting from the above the following:
(l) Parcel& conveyed to Colorado-Ute Electric Asaociation, Inc.
in Book 559 at page 714 as Reception No. 309280 (Garfield
Co.) and in Book 309 at page 181 as Reception No. 205561
(Eagle Co.).
(2) Parcels conveyed to Henry Nagel in Book 830 at Page 172 aa
Reception No. 434183 (Garfield co.) and in Book 543 at Page
43 as Reception No. 439189 (Eagle co.).
continued on next page
•
SCHEDULE 8 -SECTION 1
ORDER NUMBER: 93022285 COMMITMENT NUMBER; N/A
REQUIREMENTS
THE roLLOWING ARE THB JUlQU?IUIMENTS TO BB COMPLIED WITH1
ITEM (A) PAYMENT TO OR FOR THE AOOOIJNT or THE Gf!ANTORS OR MORTGAGORS
or THE PULL CONSIDERATION FOR THE ESTATE OR INTER.E:ST TO BE INSURED.
ITEK (I) PROPER %NSTRUMENT(S) CREATING THE ESTATE OR iNTERZST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Execution of Affidavit as to Debts and Liens, which is attached
or will be provided at oloaing.
2. A aurvey, meeting the minimum detail standards of the ALTA/ACSM,
prepared by a registered Colorado eurveyor, within the last six
months, must be presented to Stewart Title Guaranty Company,
for ite approval prior to the deletion of any survey exceptions
from the ALTA Loan Policy to be issued hereunder or the issuance
of Porm 100 on the ALTA Loan Policy.
Stewart Title Guaranty reeervee the right to take exception to
any adverse matters as shown on said survey, or make further
inquiry or requirements relative thereto. Stewart Title
Guaranty further reserves the right to exclude from Form 100
coverage and adverse matters it may deem necessary.
3. Deed from vested owner, vesting fee eimple title in
purchaser ( s) •
4. Deed of Trust from the sorrower to t.he Public Trustee for the
use of the proposed lander to secure the loan.
5, Trade Nam• Affidavit of Stora99 Development Co. disclosing the
names and addresses of all parties.
NOTE: For an additional charge, Stewart Title of Glenwood
Springs, tnc. will provide any copies of exceptions as shown on
Schedule B -Section a.
NOTE: Provided that Stewart Title of Glenwood Springs records
the documents of conveyance in the proposed transaction the
status of title will be updated from the time of this colMlitment
to the time of said recording, If said update reveals no
intervening liens or other changes in the status cf said title
Exception No. S herein will be deleted; if said update reveals
intervening liens or changes in the status of said title
appropriate action(s) will be taken to disclose or eliminate
Continued on next page
•
ORDER N01 93022285
CONTINUATION SHEET
SCHEDULE B ~ SECTION l
•
COMMITMENT NUMBER: N/A
said change prior to the recording of said documents.
• •
SCHEDut.E B • SECTION 2
BXCBPTXONS
ORDER NVHIERt ;3022285 OOMKITMBNT NUMBER: N/A
THI! POL%cr OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
roLLOWINC UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COHPAN:tl
1. RXGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN ar Tl!.tl
PUBLIC IUIOORDS.
2. EllSBMENTS, OR CLAIMS or BASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
!. DISCRJ:PANCIES, CONFLICTS IN BOUNDAR:t LINES, SHORTAGE IN AREA,
ENOl\OAOHHENTS, AND ANY FACTS WHICH A CORRECT SURVBY AND
INSPECTION or THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN ar THE PUBLIC RECORDS.
4, l\JIY LIEN, OR RIGHT TC A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HBREAFTO. rURNISllED, IMPOSED BY LAW AND NOT
SHOWN Br THE PUBLIC Rli:CORDS.
&. DBfECTS 1 LIENS, ENCUMBRANCES, ADVIRSI CI.AIMS OR OTHER MATTERS,
Ir AN'.i, CIU!IA'l:ED, FIRST APPEARING IN THE PUBLIC 11.ECOMS OR
ATTACHING SUBSEQUENT TO 'l'llE zrrECTIVB DATE HEREOF BUT PRIOR
TO THE DATE PROPOSltl INSUIU:D ACQUIRES or RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED Br THIS
COMMITMENT,
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
The following pertain to Garfield county:
7, Ri;ht of the proprietor of a vein or lode to extract and reJ11ove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
&tatea patent recorded November 21, 1893 in Book 12 at Page 253
as Reception No. 16563.
e. Right of way for ditche1 or cana11 constructed by the authority
of the United States, as reserved in united state1 fatent
recorded. November 21, 1893 in Book 12 at Page 253 as Reception
No. 16563.
Tert11e conditions, restrictions, reservatione, provisione,
obli;atione, easement and right of way as ;ranted to Mountain
States Telephone and Tele9raph Company, in instrument recorded
July 15, 1968 in Book 395 at Paqe 445 as Reception No. 241319,
and in instrwnent recorded September 23, 1974 in Sook 464 at
Continued on next paqe
• • CONTINUATION SHEET
SCHEDULE B • SECTION 2
ORDER NUMBER: 93022285 COMMITMENT NUNBER: N/A
~10.
page 684 as Reception No. 264856.
Terms, conditions, reetriotiona, reservations, provisions,
obli9atione, easements and rights of way as granted to Rocky
Mountain Natural Gas Company in instrument recorded February 19,
1992 in Book 823 at Page 930 as Reception No. 4317&7.
11. Terme conditions, restrictions, reservations, provisions, and
obligations a1 eet forth in Boundary Line Adjustment recorded
April 28 1 1992 in Book 830 at page 173 as Reception No. 434184,
and subsequent Deed recorded Apr~l 28, 1992 in Book 830 at page
172 as Reception No. 434183.
~12. Nonexclusive Easement as granted to Hanry Nagel recorded in Book
872 at Page 831 as Reception No. 451468.
13. Terms and conditions of agreement and covenants of common Water
System recorded December 17 1 1993 in Book 886 at Page 543 as
Reception No. 456713.
14. Terms and conditions of Ditch Agreement recorded Septe!ftber 24,
1993 in Book 876 at Page 414 as Reception No. 452883.
The following pertain to Eagle county:
lS. Reservations or exceptions contained in U.S. Patents, or in Acts
authorising the issuance thereof, recorded November 21, 1893 in
Book 12 at page 258 reserving 1) Rights of the proprietor of a
vein or lode to extract and remove his ore therefro~ and 2)
right• of way for ditchee and canals constructed under the
authority of the United States.
16. Reservations or exceptions contained in u.s. Patents, or in Acta
authoriaing the issuance thereof, recorded November 21, 1893 in
Book P3 at Page 358 reserving 1) Rights of the proprietor of a
vein or lode to extract and tBll\Ove hi& ore therefrom and 2)
rights of way for ditches and canals Qonetruoted under the
authority of the United States.
17. Raservationa or exceptions contained in U.S. Patents, or in Acts
authorizinq the issuance thereof, recorded November 26 1 1894 in
Book 4B at paqe 196 reserving l) Riqhts of the proprietor of a
vein or lode to extract and remove his ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority of the united statee.
continued on next page
----------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CONT%Nt1AT%0N SHEET
SCHEDULE B ~ SECTION 2
ORDER HUMBBR1 93022285 COMMITMBNT NUMBER: N/A
18. All oil, ga•, potaah, and sodium and the right to prospect for,
mine and remov• euch deposita from the same upon compliance with
the conditions and subject to the provisions and limitations of
the Aot of July 17, 1914 (38 Stat. 509), as amended by the Act
of March 4, 1933 (47 Stat. 1570), as reserved in Patent recorded
November 3, 1965 in Book 367 at Page 147 as Reception No,
102453.
19. Right of way Easements as granted to Mountain States Telephone
and Telegraph by the following documentsc August 9, 1931 in
Book 116 at page 87 as Reception No. 533131 July 15, 1968 in
Book 395 at Page 445 as Reception No. 2413191 September ~3,
1974 in Book 464 at Page 584 as Reception No. 264866.
20. Right of Way Basement· as granted to Rocky Mountain Natural Gas
by instrument recorded October 16, 1961 in Book 337 at page 234
as Reception No. 215437.
21. Water pipeline and right of way agreement between Briece Arlian
and Vinance Favre and Palmira Favre recorded March 27, 1961 in
Sook 167 at Page 228 as Reception No. 94529.
22. Terma , conditions, reservations and restrictions as contained
in·Memorandum of Lease setween Robert Arnold, Gloria H. Arnold,
and Mid Valley Metropolitan Diatrict recorded April 1, 1965 in
Book 410 at page 181 ae Reception No. 439192.
23. Terina, conditions, reaervation•, restrictions and easements
contained in Agreement between Mid Valley Metropolitan District
and Robert and Gloria H. Arnold rec9rded November as, 1990 in
Book 543 at Page 46 aa Reception No. 439192.
Notice of Lie Pendena recorded OCtober 9, 1992 in Book 591 at
page 209 as Reception No. 487307, ae it may affect subject
property.
25. Quit Cla.l.m Deed form Slue Lake Development company to Robert
Arnold and Gloria H. Arnold regarding a nonexclusive easement
and right of way for aooeae purpoaea recorded April l, 1985 in
Book 410 at page 182 ae Reception No. 306461.
26, Lack of access to a portion of the subject property eituated
north of the parcel conveyed to the Colorado-Ute Electric
Association, Inc., by Deed recorded September 12, 1980 in aook
309 at Page 181 as Reception No. 205561.
Continued on next page
·, ' .. " ..
'"
---.------. ------.------------. . -----------·: ·.-· '-------------------------
( (
CONTINUATION SHEET
SCHEDULE B -SECTION 2
ORl>l!lR NUMBER• 93022285 COMKITMll:NT NUMIBRI N/A
NOTl!l1
Pursuant to Senate Bill 91-14 (C.R.S. 10•11•122) Notice
is hereby given that:
a) The eub;eot real property may be located in a
special taxing district;
b) A certificate of taxes due listing each taxing
jurisdiction may be obtained from the County
Treasurer or the county Treasurer's authorized
agent;
o) Information regarding special di.at:ricts and the
boundaries of such district• may be obtained
from the County Asseeeor or the County Treasurer.
• ·VARIANCE APPLICATION· •
GARFIELD COUNn:' ZONING BOAR!" OF. ADJUSTMENT
'
P\lrsuant to sectio~ 9 •. 05 of .the Garfield cQunty zoning
Jlesolution ROBERT ARNOLD,. GLORIA ARNOLD AND· DON BYERS
·. (applicant/owners name )3. 06. 64, 3. 06. os, 3: 06. 06,
request(s) a variance to Section 3~06.08, s.oi.os of the Garfield County zoning
Resolution
concerning MINIMUM LOT AREA & SIDE SETBACKS to permit CLUSTERING & ZERO SIDE YARD
_s_E_T_B_Ac_K_F_O_R_T_H_E_TO_WN_H_o_u$_E_s ________ in the R/G/UD
SUSMI'l'l'AL RE>;?UIREMEN'l'S: ·
A. SketCh map: showing all iniprovernents 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 CMnership.
D, Practical description of site -including address.
zone district.
E. Names and addresses of property owners adjacent to or within.200 ft. of the site
(available through bhe Aasessor 's office) . .
F. Where applicable: description& 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 rec;iuested.
I •. It should be demonstrated ,by. the above information· and statements that, • ••• where by
reason of exceptional narrowness,. shallowness or sh<1pe of the speciUc piece of
property at the time of enactment of this Resolution, o~ by reason of exceptional
toJ209raphic condition of such piece of property, or other extraordinarl and
exceptional sltuation 2f_ condition of such piece of pro.Party, the strict application
·Of any regulation' enacted .under this resolution would result in peculiar and
exceptional hardship upon the owner of such property•, (Section 9.05.03)
J, subject to the· above findings, the Board of Mjustment may authoiize a variance
provided: . . .. .
9.05.03 (l): '.Ihat the varian~ granted is the minimim necessary to alleviate
suCh practfcal difficulties or undue hardships upon the owner of said property,
9.05.03 (2): 'lbat ·such relief· may be granted without<substantial·detrirnent to the
public 9oO<'f'and .without substantially impairing the intent and· purpose of the general
plan or this resolution1
9.05.03 J1l_:.'ltlat the circumstances found to constitute~ hardship were not caused by
Ebe appIIOant, are not due to or the result of general conditions in the district,
and cannot be practically corrected1 ·
K. A$250 fee nust be submitted with the application.
PROCEDURAL RWUIREMEN'l'S: .
1. Siiblnit 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 Zonin·9' Board of Adjustsnent
scheduled on the fourth 'lhursday of each month.
2. You will receive, from the Planning Department, a "Pllblic Notice;Form".indicating the
·time and date ot your hearing. . . .
3, Notice by publication (of the public notice form) shall be given once in a newsj?llper
of general circu~ation 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)
'lbe apove and attached .information is correct and accur.ate to the be.st of my knowledge,
~,l~~ Pk-Lt~~~ ~~-
fii9U[el3ol ~nand,ownerl p~ ~·u~
. . ,
APPLICANT: ISOM AND ASSOCIATES PHONE 303~328-2388
MAILING ADDRESS:P·O· BOX 9, EAGLE, CO 81631
CMNER: Ps ft . sc;E:f-s Ii irerent iOm above)
MAILING ADD~: 3 '5 z; A
•
ISOM & ASSOCIATES
Architecture Land Planning
30 June 1994
Dave Michaelson
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Project Management
•
RE: Variance Application for the townhouses and duplex in Arnold Meadows
Dear Dave:
Pursuant to Section 9.05 of the Garfield County Zoning and Subdivision Regulations, we are
submitting an application for a variance from:
Section 3,06.04-Minimum Lot Area: 7,500 square feet.
This variance would allow for a minimum footprint of 500 square feet for a townhouse
or condominium unit and a percentage of common open space for an aggregate total of
7500 square feet. The project contains 50 multi-family units (50 x 7,500 = 375,000
square feet required) located on 708,862 square feet for a density of 14,177 square
feet per unit.
Section 3.06.05-Maximum Lot Coverage: Fifty percent (50%).
This variance would provide for a maximum lot coverage of 100%, the aggregate
being located in the common open space.
Section 3,06.06-Minimum Setback:
(1) Front Yard, (b) Local Streets: Twenty-five (25) feet from front lot line.
This variance allows for a setback of 15 feet from private road right-of-way.
(2) Rear Yard: Twenty-five (25) feet from rear lot line.
This variance would allow for:
(a) 0 setback between units in the same building
(b) 5 foot setback for units from common open space parcels.
(3) Side Yard: Ten (10) feet from side lot line or one half (1/2) the height of
the principal building, whichever is greater.
This variance would allow for:
(a) 0 setback for units with common walls within the same building
(b) Fifteen (15) feet between buildings
(c) Five (5) feet for units from common open space parcels.
P.O. Box 9 Eagle, Colorado 81631 (303) 328-2388 FAX 328-6266
• •
Section 3.06.08-Maximum Floor Area Ratio: 0.50:1.0 or as further provided
under Supplemental Regulations.
This variance would allow a F.A.R of2: I as the townhouse lots created would be a
minimum of 500 square feet on the first floor. The aggregate with open space would
still be 0.50: 1.0.
Section 5.01.05-F.-ontage: Each lot in separate ownershit> shall have at least
twenty-five (25) lineal feet of frontage on a street right-of-way.
This variance would provide for each lot in separate ownership to have at least twenty
(20) feet of frontage to a common access easement connecting to a public right-of-way.
All common open space and access easements shall be owned and maintained by a
homeowner's association as provided in the protective covenants to be filed with each
final plat.
The following are the submittal requirements:
(A) A Preliminary Plan/Landscape Plan depicting the proposed improvements, setbacks
and access points.
(I3) The Vicinity Map is on the Preliminary Plan.
{C) A legal description and a Tille Policy are enclosed.
(D) Arnold Meadows is located about I 1/2 miles west on El Jebel, north of Highway
82 on the eastern boundary of Garfield County. Addresses have not been given to these
townhouses at the time of this application.
(E) The names and addresses of all adjacent property owners are enclosed.
(F) Water and sewer are being supplied by the Mid Valley Metropolitan District.
(G) The Final Plat will be submitted by mid-July to Garfield County.
(H) The variance from the minimum lot area of7,500 square feet per unit is being
requested for 48 townhouses on 708,862 square feet (48 x 7,500 = 360,000 sq. ft.
required.)
(I) The variance from the side yard setback and the minimum lot area are both necessary
to facilitate townhouse platting with common walls and zero building setback at a future
time when the townhouse and duplex units are constructed. The current zoning
regulations do not contain provisions to allow for multi-family platting into separate
ownership within R/G/UD zoning.
• •
(J) 1. The request is for the minimum necessary to alleviate the practical difficulties of
being unable to divide multi-family units into separate estates.
2. The granting of this will not cause any detriment to the public good or to the
intent or purpose of the general plan or Resolution 9.05.
3. The circumstance of being unable to build and sell multi-family units within the
RIG/VD Zone is a definite hardship that was caused by the regulation and not
by the applicant and is not due to general conditions within the district. This
condition cannot be practically corrected without this variance.
Please schedule this application to be heard at the July 25th meeting of the Zoning Board of
Adjustment.
Please call me at 328-2388 if you have any questions.
Sincerely,
Ken Long
Isom and Associates
cc.: Don Byers
Bob Arnold
Attachments: application
check
9326vari
Preliminary Plan/Landscape Plan
legal description
2391-332-00-027
23 91-3 3 4-00-009
2391-334-00-009
(9326APOG)
• •
ARNOLD MEADOWS
ADJACENT PROPERTY OWNERS
TO GARFIELD COUNTY PROPERTY
PUBLIC SERVICE
P.O. BOX 840, SUITE 400
DENVER, CO 80201-0840
VANTEX
i825 MOCKINGBIRD LANE
DALLAS, TX 75235
MID VALLEY METROPOLITAN DISTRICT
2542 EMMA ROAD
BASALT, CO 81621
JOSEPH E. JR & LINDA B. EDWARDS
201 NORTH MILL ST, SUITE 201
ASPEN, CO 81611
RICHARD & TERRY CERISE
17072 HIGHWAY 82
CARBONDALE, CO 81623
ALPINE ANIMAL HOSPITAL
17776 HIGHWQY 82
CARBONDALE, CO 81623
•
PROPERTY DESCRIPTION
LOT 2B (ZONED R/G/UD)
SOUTHERLY PARCEL
•
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
S1/ 2NE1/ 4 AND IN THE SE1/ 4NWl/ 4NE1/ 4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 47°22 1 10 11 W 3300.72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 53°40'18" W ALONG
SAID NORTHERLY RIGHT-OF-WAY 91. 02 FEET i THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY N 54 ° 22 1 40" W 213. 65 FEET; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2964. 79 FEET. AND A CENTRAL ANGLE OF
15°27'09 11 , A DISTANCE OF 799.59 FEET (CHORD BEARS N 63°29'53 11 W
797. l 7 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND
RECORDER 1 S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 01"28 1 48 11 E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 205501
792.44 FEET; THENCE LEAVING SAID EASTERLY LINES 69°40'23" E 390.95
FEET; THENCE S 30°24'44" E 190.69 FEET; THENCE S 77°53'27" E 487.74
FEET TO A POINT ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE
S 00°00'20" W ALONG SAID EASTERLY LINE 923.68 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 17.483 ACRES, MORE OR
LESS.
93097.01
JANUARY 14, 1994
1CTAL P.02
- - - - - - - - - - - - - - - - - - - - - - - - - - - ------
.i . •
SCHEDULE A
OP.DER NUKBIRI ~3022285 COMKt'!'MENT NUMBER: N/'A
l. Erl!'ECTIVB D'ATEI December 27, 1993 at 7141 11.M.
2, POLicY OR POLICIES 'l'O BE ISSUED; 'AMOUNT or INSUJU'JICE
A, ALTA OWNERS POLICY S 600,000,oo
PROPOSED INSURED1 S'l'ORAGE DEl/Bf,OMEN1'
oo.
B, ALTA LOAN POLICY
PROPOSED INSURED! ROBER1' ARNOLD
AND CLORI'A H. ARNOLD
C. AL'l'A LOAN POLICY
PROPOSID INSOREDI
D,
S TBD
$
3, TllB ESTATE OR INTEREST IN THE LAND DESCRIBED OR !Ull!'ERRBD TO IN THIS
OOMMITGNT AND COVERED HERE%N II l'EE SIMPLE AND TITLE THERETO IS AT
THE EPFEC'l'IVE DATE HEREOF VESTED IN;
4. THE LAND REFERRED TO IN THIS COHMI'l'MENT IS DESCRIBED AS FOLLOWS:
OWNERS1 $ 1,380.00
MORTGAGEE• $ so.oo
SEl\RCH !'EB $ 30.00
Examiner: R.L. Hays'
Closer Cindy
mt
POLicY OR POLICIES COMMITTED TO BE ISSUED HEREUNDER ARB ALTA
OWllBR. AND/OR LOAN POLICY -(4-6-90)
BRSIGNATURB
STEWART TITLE or
GLENWOOD SPRINGS, INC,
801 OOLORADO AVENOI
GLENWOOD SPRINGS, CO. 81601
(303) 945-5434
PAX NO. (303) 945-7081
• • \
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 93022285
All of th• following described property lying North of the North
Line of purposed New state Highway 82.
A tract of land situated in Lots 4 and 6, in the NW1/4BE1/4, in
the Sl/2NB1/4 and in the SE1/411Wl/4NE1/4 of Section 33, Town•hip
7 south, Range 87 West of the 6the Principal Meridian, located
in Garfield and Eagle counties, Colorado, and lying northerly of
the Northerly right of way line ot Colorado State Highway No.
82, said traot of land being more particularly desoribed as
follows:
Beginning at a point on the Northerly right of way line of eaid
State highway No. 82 whence a brass cap found in place and
properly marked for the Southeast corner of said Section 33
bears s. 50 degree11 59'58" E. 2280.95 feet;
thence N. 72 degrees 10'33" w. 1810.20 feet along the Northerly
right of way line of aaid State Highway No. 82 to a point on
the Westerly line of said Lot 6;
thence N. 01 degrees 15'00" E. 628.27 feet along the
westerly line of said Lot 6 to the Southwest corner of said Lot
4;
thence N. 01 degrees 40'00" E. 1329.15 feet along the
westerly line of said Lot 4 to the Northwest corner of said Lot
4;
thence N. 89 degrees 38'19" E. 738.46 feet to the
Northeast corner of said LOt 4;
thence N. 89 degrees 39'06" E. 686.87 feet along the
Northerly line of the S1/2NE1/4 of said Section 33 to the
southwest Corner of the SE1/4NW1/4NE1/4 of said Section 33;
thence N. 00 degrees 39'52" g. 663.47 feet along the
Westerly line of the SE1/4NW1/4NE1/4 of said section 33 to the
center of the NW1/4NE1/4 of said Section 331
thence N. 89 degrees 42'43" E. 231.95 feet along the
Northerly· line of the SE1/4NW1/4NE1/4 of 11aid Section 33;
thence S. 00 degrees 00'01" w. 3184.29 feet to the point
of beginning;
Excepting frOlll the above the following:
(1) Parcel& conveyed to Colorado-Ute Electric Asaociation, Inc.
in Book 669 at page 114 as Reception No. 309290 (Garfield
Co.) and in Book 309 at page 181 as Reception No. 205561
(Eagle Co.),
(2) Parcels conveyed to Henry Nagel in Book 830 at Page 172 as
Reception No. 434183 (Garfield co.) and in Book 543 at Page
43 as Reception No. 439189 (Eagle co.).
continued on next page
• • c_.
SCHEDULE 8 -SECTION 1
ORDER NUMBERI 93022285 COMMITMENT NllMllER; N/A
REQUIREMENTS
'1'111!: POLt.OWtNG ARE Tia: Rl!lQUlRJ!lMENTS 1'0 BE COMPLIED WITH1
ITEM (A) PAYMENT TO OR FOR TRB AOOOl1NT OP THE CllAN'l'ORS OR MOR'l'CAGORS
or TllB PULL CONSIDERATION POR THI ESTATE OR INTEREST TO BE INSORED.
ITEM (II) PROPER %NSTRUMENT(S) CREATING TRB ESTATE OR lN'l'Ell.EST TO BE
INSt.nUl:D MUST BE EXEOUTtD AND DULY PILED POR RECORD, TO WIT1
1. Exeoution of Affidavit as to Debte and Liens, whioh is attaohed
or will be provided at closing.
2. A eurvey, meeting the minimum detail standards of the ALTA/ACSM,
prepared by a registered Colorado aurveyor, within the last six
months, must be presented to Stewart Title Guaranty Company,
for its approval prior to the deletion of any survey exceptions
from the ALTA Loan Policy to be issued hereunder or the issuance
of Form 100 on the ALTA Loan PolLcy.
Stewart Title Guaranty reserves the right to take exception to
any adverse matters aa shown on said survey, or make further
inquiry or requirements relative thereto. Stewart Title
Guaranty further reserves the right to exclude from Porm 100
coverage and adverse matters it may deem necessary.
3, Deed from vested owner, vesting fee simple title in
purchaser(s).
4, Deed of Tr1.11t from the Borrower to th~ Public Trustee for the
use of the proposed lender to secure the loan.
I, Trade Name Affidavit of Storage Develoflllent Co. disclosing the
names and addressee of all parties.
NOTE: For an additional charge, Stewart Title of Glenwood
springs, tna. will provide any copies of exceptions ae shown on
schedule B -seotion 2.
NOTE: Provided that Stewart Title of Glenwood springs records
the docW11ents of conveyance in the proposed transaction the
statue of title will be updated from the titne of thia co!Mlitment
to the time of eaLd recordLng, lt aaid update reveals no
intervening lien1 or other change1 in the status ot eaid title
Exception No. S herein will be deleted; if said update reveals
intervening liens or changes in the status of said title
appropriate action(s) will be taken to disclose or eliminate
continued on next page
ORDER N01 93022285
CONTINUATION SHEET
SCHEDULE B ~ SECTION l
(.
COMMITMENT NUMBER: N/A
said change prior to the recording of said documents.
• •
SCHBDtn.B 8 • SECTION 2
l!XCl!PTXONS
ORDER NVHllRI P3022285 COMMITMBNT N1.IMBl!R1 N/A
TH.Ii: PoLlCY OR POLICIES TO BB ISSUED WILL CONTAIN EXCBP'l'IONS TO THE
fOLLOWINO UNLESS !I'll! SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RlGHTS OR CLAIMS or PARTIES IN POSSESSION NOT SHOWN ar Tll.E
PUBLIC JUICORDS.
2. BASBMBN'l'S1 OR CLAIMS OP EASl!M!NTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARll LINES, SHORTAGE IN AREA,
BNOJlOACHMENTS, AND l\NY PACTS WHICH A QOIUtl!CT SURVJIY AND
INSPEOT%0N or THE PREMISES WOULD DISCLOSE AND WHICH AllE NOT
SHOWN BY THE PUBLlC RECORDS.
4, ANY Ll:IN, OR RlGHT TO A LIEN 1 FOR SERVICES, LABOR OR MATERIAL
HBRBTOPOJU: OR HBllBAPTO. FURNUHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RIQOROS.
&. DBPEC'r6 1 LIENS, ENCUMBRl\NCBS, AtlV1:RSB Ct.AIMS OR OTll!:R MATTERS,
IP ANY, CREATED, FIRST .APPEARING IN' THE PUBLIC R!CC!U:IS OR
ATTAOHINO SUBSEQUENT TO THE BrFECTIVJI DATZ ll!'REOF BUT PRIOR
TO THE DATE PROl'OHD INSURED 11.CQUIRES or RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
The following pertain to GarfLeld county1
7, Right of the proprietor of a vein or lode to extraot and remove
hie ore therefrom, ehould the aame be found to penetrate or
intersect the premises hereby granted, as reserved in United
states patent reeorded November 21, 1893 in Book 12 at Page 253
ae Reception No. 16563.
e. RL9ht of way for ditohe1 or oanal1 oonetruoted by the authority
of the United States, as reserved in united st&tee Patent
recorded November 21, 1893 in Book 12 at Page 253 as Reception
No. 16563.
Term• conditions, restrictions, reservatione, provieione,
obligations, easement and right of way as ;ranted to Mountain
States Telephone and Telegraph Company, in instrument reoorded
July 15, 1968 in Book 395 at Page 44& as Reception No. 241319,
and in instrument recorded September 23, 1974 in Sook 464 at
Continued on next page
( .• CONTINUATION SHEET
SCHEDULE B • SECTION 2
ORDER NUMBER: 93022285 COMMITMENT NUMBER; N/A
/10.
page S84 as Reception No. 264856.
TeE1111, conditione, reetrictiona, reservations, provisions,
oblL9ation11, easement• and ri9hts of way as 9ranted to ltocky
Mountain Natural Oas Company in instrument recorded February
1992 in Book 823 at Page 930 as Reception No. 431757.
19,
11. Termo conditions, restrictions, reaei:vatione, provisions, and
obligation• au eet forth in Boundary Line Adjustment recorded
April 28 1 1992 in Boc:ik 830 at. p•ge 173 as J\eception No. 434184,
and eubs~ent Deed recorded April 28, 1992 in Book 830 at Page
172 as Reception No. 434183 •
...;'12. Nonexclusive Basement aa granted to Henry Nagel recorded in Book
872 at. Page 831 as Reception No. 451468.
13. Terms and conditions of agreement and covenants of common Water
System recorded December 17, 1993 in Sook 886 at Page 543 ae
Reception No. 456713.
14. Terms and conditions of Ditch Agreement recorded Septelllber 24,
1993 in Book 876 at Pa9e 414 as Reception No. 452883.
The following pertain to Eagle county•
lS. Reservations or exceptions contained in U.S. Patents, or in Acts
authorising the issuance thereof, recorded November 21, 1893 in
Book 12 at page 258 reBerving l) Ri9hts of the proprietor of a
vein or lode to extract and remove his ore therefro~ and 2)
ri9ht• of way for'ditchea and canals constructed under the
authority of the United Statee.
16. Reservations or exceptions contained in u.s. Patents, or in Acts
authoriaing the issuance thereof, recorded November 21, 1893 in
Book 93 at Page 358 reaerving 2) Rights of the proprietor of a
vein or lode to extract and remove hia ore therefrOll\ and 2)
right& of way for ditches and canals constructed under the
authority of the United States.
17. Reservations or exceptionB contained in U.S. Patents, or in Acts
authorizing the ieeuance thereof, recorded November 26, 1894 in
Bcok 48 at page 196 reserving l) Rights of the proprietor of a
vein or lode to extract and remove hie ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority of the united States.
contin~ed on next page
,. j •,
CONTINUAT%0N SHEET
SCHEDULE B ~ SEC'l'ION 2
ORDER NUMBER1 93022285 COMMI'l'MBNT NUMBER: N/A
18. All oil, qas, potash, and sodium and the right to prospect for,
mine and remove euch deposits from the same upon compliance with
the conditions and subject to the provisions and limitations of
the Act of July 17 1 1914 (38 Stat. 509), as amended by the Act
of March 4, 1933 (47 Stat. 1570), as reserved in Patent recorded
November 3 1 1965 in Book 367 at Page 147 as Reception No.
102453.
19. Right of way Easements as granted to Mountain States Telephone
and Telegraph by the following documents1 August 9 1 1931 in
Book 116 at page 87 ae Reception No. 533131 July 15, 1968 in
Book 395 at Page 445 as Reception No. 2413191 September ~3,
1974 in Book 464 at Page 584 as Reception NO• 264856.
20. Right of Way Easement· ae qranted to Rocky Mountain Natural Gas
by instrument recorded October 16, 1961 in sook 337 at page 234
as Reception No. 215437.
21. Water pipeline and right of way agreement between Briece Arlian
and Vinance Favre and Palmira Favre recorded March 27, 1961 in
Book 167 at Page 228 as Reception No. 94529,
22. Terms , conditions, reservations and restrictions as contained
in·Memorandwn of Lease Between Robert Arnold, Gloria H. Arnold,
and Mid Valley Metropolitan oi•trict recorded April l, 1985 in
Book 410 at page 181 as Reception No. 439192.
23. Terma, conditions, reaervatione, restrictions and easements
contained in Agreement between Mid Valley Metropolitan District
and Robert and Gloria H. Arnold recorded November 28, 1990 in
Book 543 at page 46 aa Reception No. 439192.
Notice of Lis Pendena recorded OOtober 9, 1992 in Book 591 at
page 209 as Reception No· 487307 1 a• it may affect subject
property.
25. Quit Cla.l.m Deed foi;om Blue Lake oevelopcnent company to Robert
Arnold and Gloria H, Arnold regarding a nonexclusive easement
and right of way for acceaa purpoaea recorded April 1, 1985 in
aook 410 at page 182 as Reception No. 306461.
26, Lack of access to a portion of the subject property situated
north of the parcel conveyed to the Colorado-Ute Blectrio
Association, Inc., by Deed recorded September 12 1 1980 in aook
309 at Page 181 as Reception No. 205561.
Continued on next page
.. ---. ------. -------. -------------. ------------_--.--·----------' --------------
( (
CONTINUATION SKEET
SCHEDULE B -SECTION ~
ORDER NUMBER• 93022285 COMMITMENT NUMIBRa N/A
NOTE1
Pursuant to Senate Bill 91-14 (C.R.S. 10•11•122) Notice
ia hereby given that:
a) The subject real property may be located in a
spacial taxing dietriot1
b) A certificate of taxes due listing each taxing
juriadiotion may be obtained from the CoUJ\ty
Treasurer or the county Treasurer's authorised
agent;
o) Info~ation regarding special districts and the
boundaries of such districts may be obtained
from the County Assessor or the County Treasurer.
A VARIANCE APPLICATION • ~IELD COrnm' ZONING SOARD·,OF AoJTJ"STMENT
PUrsuant t6 SectiOl,'1 9 •. 05 Of .the Gai;field cQunty zoning
11esolution ROBERT ARNOLD,. GLORIA ARNOLD AND DON BYERS .. ·. (applicant/owners name )3. 06. 04, 3. 06. os, 3. 06. 06 ,.
request(s) a variance .to section 3.,06.08, s.01.os· .. of· the Garfield County zoning
Resolution
eoncerning MINIMUM LOT AREA & SIDE SETBACKS . to permit CLUSTERING & ZERO SIDE YARD
SETBACK FOR THE TOWNHOU~ES in the R/G/UD
~~~~~~~~~--~~~~--~~~----
SOSMl'J:'l'AL R@UIREMF.N1'S: · . .
A. Sketch mitp:. showing all improvements on the site, building sizes,.
locations, setbacks,:and access points. ·
B, Vicinity map: showin9 general geographic location,
c. Legal description of site -copy of Deed of CMnership.
D, Practical description of site -including address.
zone district.
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 d!sposal, and other
utility facilities,.·
G. Plans and specifications for the proposal. .
H. · Narrative explaining, why the variance is being req\!ested.
I •. It should be demonstrated,by the above information· and statements that, • ... where by
reason of exceptional liariowness,. shallowness or sht1pe of the speciUc piece of
property at the time of enactment of this Resolution, ot, by reason of exceptional
toizographic condition of such piece of property, or other extraordinarl ana
exceptional situation~ condition of such piece of proPerty, the strict application
·Of any regulation' enacted .under this resolution would result in peculiar and
exceptional hardship upon the owner of such property•. (section 9.05.03)
J. subject to the· above findings, the Board of Adjustment may authoiize a variance
provided: . . .. .
9.05.03 (l): 'lhat the variance granted is the minimum necessary to alleviate
such praCE'fcal difficulties or undue hardships upon the owner of said property1
9 ,05 .03. ill: 'Ihat · such relief may be granted without •substantial· detriment to the
p.iblic good ·and without substantially impairing the intent and purpose of the general
plan or this resolution1 . . .
9.05.03 J.:il:''Ihat the circumstances found to constitute~ hardship were not caused by
the app'IICant, 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.
PRO:::EDURAL RP?JUIREMEN'l'S: .
1. submit applications to the· Garfield county ·oepartment; of Building, Sanitation and
Planning no later than the last Friday· of. the m:>nth in order to be included on the
following month's , agenda; . Regular rneeting of the · zonin~ Board of Adjustment
scheduled on the fourth 'lbursday of each ll'Onth.
2. You will receive, from the Planning Department, a "pUblic Notice;FOr~".indicating the
·time and elate of your hearing. . .
3, Notice by publi'cation (of the public notice form) shall be given once in a newspaper
of general circulation in that portion of the county in which the subject property is
located, at least fifteen (15) days prior to the date of the public hearing, and
proof of publication shall be presented at the hearing by the applicant. Section
9.05.04.(l) . .
4, Notice by mailing (of the. public. notice form) shall be•· sent by certified
return-receipt mail to all owners of all property within two hundred (200) feet of
the subject property at least five (5) days ·prior to the hearin91 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) ·
'!he apave and attached information is correct and accurate to th9 best of lrr:J knowledge,
·t ~~~~ ~~-
res of app :Lean an , owner ~ ~/, ..• /~
APPLICANT: ISOM AND ASSOCIATES PHONE 303-'328-2388
MAILING ADDRESS:P·O· BOX 9, EAGLE, CO 81631
·-·. -----------------------------------------------------------------(-----------~ ---. --
•
ISOM & ASSOCIATES
Architecture Land Planning
30 June 1994
Dave Michaelson
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Project Management
•
RE: Variance Application for the townhouses and duplex in Arnold Meadows
Dear Dave:
Pursuant to Section 9.05 of the Garfield County Zoning and Subdivision Regulations, we are
submitting an application for a variance from:
Section 3.06.04-Minimum Lot Area: 7,500 square feet.
This variance would allow for a minimum footprint of 500 square feet for a townhouse
or condominium unit and a percentage of common open space for an aggregate total of
7500 square feet. The project contains 50 multi-family units (SO x 7,500 = 375,000
square feet required) located on 708,862 square feet for a density of 14, l 77 square
feet per unit.
Section 3.06.05-Maximum Lot Coverage: Fifty percent (50%).
This variance would provide for a maximum lot coverage of 100%, the aggregate
being located in the common open space.
Section 3.06.06-Minimum Setback:
(1) Front Yard, (b) Local Streets: Twenty-five (25) feet from front lot line.
This variance allows for a setback of 15 feet from private road right-of-way.
(2) Rear Yard: Twenty-five (25) feet from rear lot line.
This variance would allow for:
(a) 0 setback between units in the same building
(b) 5 foot setback for units from common open space parcels.
(3) Side Yard: Ten (10) feet from side lot line or one half (1/2) the height of
the principal building, whichever is greater.
This variance would allow for:
(a) 0 setback for units with common walls within the same building
(b) Fifteen (15) feet between buildings
(c) Five (5) feet for units from common open space parcels.
P 0 Box 9 Eagle. Colorado 81631 (303) 328-2388 FAX 328-6266
• •
Section 3.06.08-Maximum Floor Area Ratio: 0.50:1.0 or as further provided
under Supplemental Regulations.
This variance would allow a F.A.R of2: I as the townhouse lots created would be a
minimum of 500 square feet on the first floor. The aggregate with open space would
still be 0.50: 1.0.
Section 5.01.05-Frontage: Each lot in separate ownershi1> shall have at least
twenty-five (25) lineal feet of frontage on a street right-of-way.
This variance would provide for each lot in separate ownership to have at least twenty
(20) feet of frontage to a common access easement connecting to a public right-of-way.
All common open space and access easements shall be owned and maintained by a
homeowner's association as provided in the protective covenants to be filed with each
final plat.
The following are the submittal requirements:
(A) A Preliminary Plan/Landscape Plan depicting the proposed improvements, setbacks
and access points.
(D) The Vicinity Map is on the Preliminary Plan.
(C) A legal description and a Title Policy are enclosed.
(D) Arnold Meadows is located about I 1 /2 miles west on El Jebel, north of Highway
82 on the eastern boundary of Garfield County. Addresses have not been given to these
townhouses at the time of this application.
(E) The names and addresses of all adjacent property owners are enclosed.
(F) Water and sewer are being supplied by the Mid Valley Metropolitan District.
(G) The Final Plat will be submitted by mid-July to Garfield County.
(H) The variance from the minimum lot area of 7 ,500 square feet per unit is being
requested for 48 townhouses on 708,862 square feet (48 x 7,500 = 360,000 sq. ft.
required.)
(1) The variance from the side yard setback and the minimum lot area are both necessa1y
to facilitate townhouse platting with common walls and zero building setback at a future
time when the townhouse and duplex units are constructed. The current zoning
regulations do not contain provisions to allow for multi-family platting into separate
ownership within R/G/UD zoning.
• •
(J) I. The request is for the minimum necessary to alleviate the practical difficulties of
being unable to divide multi-family units into separate estates.
2. The granting of this will not cause any detriment to the public good or to the
intent or purpose of the general plan or Resolution 9.05.
3. The circumstance of being unable to build and sell multi-family units within the
R/G/lJD Zone is a definite hardship that was caused by the regulation and not
by the applicant and is not due to general conditions within the district. This
condition cannot be practically corrected without this variance.
Please schedule this application to be heard at the July 25th meeting of the Zoning Board of
Adjustment.
Please call me at 328-2388 if you have any questions.
Sincerely,
Ken Long
Isom and Associates
cc.: Don Byers
Bob Arnold
Attachments: application
check
Preliminary Plan/Landscape Plan
legal description
•
9J26varl
2391-332-00-027
2391-334-00-009
2391-334-00-009
(9326APOG)
• •
ARNOLD MEADOWS
ADJACENT PROPERTY OWNERS
TO GARFIELD COUNTY PROPERTY
PUBLIC SERVICE
P.O. BOX 840, SUITE 400
DENVER, CO 80201-0840
VANTEX
i 825 MOCKINGBIRD LANE
DALLAS, TX 75235
MID VALLEY METROPOLITAN DISTRICT
2542 EMMA ROAD
BASALT, CO 81621
JOSEPH E. JR & LINDA B. EDWARDS
201 NORTHMlLL ST, SUITE 201
ASPEN, CO 81611
RICHARD & TERRY CERISE
17072 IDGHW AY 82
CARBONDALE, CO 81623
ALPINE ANIMAL HO SPIT AL
17776 IDGHWQY 82
CARBONDALE, CO 81623
•
PROPERTY DESCRrPTION
LOT 2B (ZONED R/G/UD)
SOUTHERLY PARCEL
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
S1/2NE1/4 AND IN THE SE1/4NW1/4NE1/4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 47°22 1 10 11 W 3300. 72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 53°40' 18 11 W ALONG
SAID NORTHERLY RIGHT-OF-WAY 91. 02 FEET; THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY N 54 ° 22 1 40 11 W 213. 65 FEET; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2964. 79 FEET AND A CENTRAL ANGLE OF
15°27'09 11 , A DISTANCE OF 799.59 FEET (CHORD BEARS N 63°29'53" W
797. 17 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 01°28'48 11 E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 205501
792.44 FEET; THENCE LEAVING SAID EASTERLY LINES 69°40'23" E 390.95
FEET; THENCE S 30°24'44" E 190.69 FEET; THENCE S 77°53'27" E 487.74
FEET TO A POINT ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE
S 00°00' 20" W ALONG SAID EASTERLY LINE 923. 68 FEET TO THE TRUE.
POINT OF BEGINNING; SAID PARCEL CONTAINING 17.483 ACRES, HORE OR
LESS.
93097.01
JANUARY 14, 1994
TCIAL P.02
•
SCHEDULE A
ORl)iR NUK91RI ~3022285 COMKt'l'Hl!lNT NUMBER: N/A
1. El'J'ECTIVB DATE1 Deol!lllber 27 1 1993 at 7145 A.M,
2. POLicY OR POLICIES TO BE ISSUED1 AMOUNT or INSUJUINCE
A. ALTA OWNER& POLlCY $ &00,000.00
PllOPOSED INSURED! STORAGE DEVELOMENT
co.
B. ALTA LOAN POLICY $ TBD
PROPOSED lNSURED: ROBERT ARNOLD
AND OLORIA H. ARNOLD
c. ALTA LOAN POLICY
PROPOSID lNSllREO:
D. $
3. 'l'HS ESTATE OR lN'l'ER.!lS'l' lN 'l'HE LAND DESCRIBED OR REl'EIUIED TO lN 'l'HlS
COMKJ:THSNT AND COVERED HEREIN IS PBE SIMPLE AND TITLE THERETO :tS A'l'
THE BPFECTIVE DATE HEREOP VESTED IN:
4. THE LAND REPERRBD 'l'O IN THIS CoMMI'l'MEN'l' IS DESCRlBED AS FOLLOWS!
OWNl!lRS1 $ 1,380.00
MOR'l'GAGll: $ so.oo
SEARCH FEE $ 30.00
Examiner: R.L. Hays ·
Closer Cindy
mt
POLICY OR POLICill:S COMMI'l''l'ED 'l'O llZ: ISSUED HEREUNDER ARB ALTA
OWNER AND/OR LOAN POLICY • (4•6•90)
S'l'EWAR'l' TITLE or
GLENWOOD SPRINGS, INC,
801 COLOM.DO AVENUI
GLENWOOD SPRINGS, co. 81601
(303) 945•5434
FAX NO. (303) 945•7081
• • '· SCHEDULE A
PROPERTY DESCRIPTION
OR.DER NO: 93022285
All of tha following described property lying North of the North
Line of purposed New state Highway 82.
A tract of land situated in Lots 4 and 6, in the NWl/4SE1/4, in
the Sl/2NE1/4 and in the SE1/4NW1/4NE1/4 of section 33, Township
7 South, Range 87 West Of the 6the Principal Meridian, located
in Garfield and Eagle counties, Colorado, and lying northerly of
the Northerly right of way line ot COlorado State Highway No.
82, said tract of land being more particularly described as
follows:
Beginning at a point on the Northerly right of way line of said
State highway No. 82 whence a braes cap found in place and
properly marked for the Southeast corner of said Section 33
bears s. 50 degree& 59'58" E. 2280.85 feetr
thence N. 72 degrees 10'33" w. 1810.20 feet along the Northerly
right of way line of said State Highway No. 82 to a point on
the westerly line of said Lot 61
thence N. 01 degrees 15'00" E. 628.27 feet along the
westerly line of said Lot 6 to the Southwest corner of said Lot
4;
thence N. 01 degrees 40'00" E. 1329.15 feat along the
westerly line of said Lot 4 to the Northwest corner of said Lot
4;
thence N. 89 degrees 38'19" E. 738.48 feet to the
Northeast Corner of said LOt 4;
thence N. 89 degrees 39'06" E. 686.87 feet along the
Northerly line of the S1/2NEl/4 of said Section 33 to the
Southwest corner of the SE1/4NW1/4NE1/4 of said Section 331
thence N. 00 deqreee 39'52" E. 663.47 feet along the
Westerly line of the SE1/4NW1/4NE1/4 of said section 33 to the
center of the NW1/4NE1/4 of said Section 331
thence N. 89 degrees 42'43" E. 231.95 feet along the
Northerly· line of the SE1/4NW1/4NE1/4 of eaid Section 331
thence S. 00 degrees 00'01" w. 3184.29 feet to the point
of beginning1
Excepting from the above the following:
(1) Parcel• conveyed to Colorado-Ute Electric Association, Inc.
in Book 559 at page 714 as Reception No. 309280 (Garfield
Co.) and in Book 309 at page 181 as Reception No. 205661
(Eagle Co.).
(2) Parcels conveyed to Henry Nagel in Book 830 at Page 172 as
Reception No. 434183 (Garfield co.) and in Book 543 at Page
43 as Reception No. 439189 (Eagle co.).
continued on next page
•
SCHEDULE B -SECTION 1
ORDER NUMBER1 93022285 COMMITMENT NUMBER; N/A
Rl!lQUIIU:MENH
TttE FOLLOWING ARE TIO: !IEQU!R!lMENTS TO BE COMPLIED WITH1
ITEM (A) PAYMENT TO OR l!'OR THI! AOCOTJNT or Tl!! CRANTORS OR MORTGAGORS
or THE FULL CONSIDERATION l!'OR THB ESTATE OR INTEREST TO BE INSURED.
ITEM (I) PltOPER !NSTRUMEll'!(S) CRl!lATINC THE ESTATE OR INTER.EST TO BE
INBllRED MUBT BE EXECUTED AND DULY FILED l!'OR IU!:CORD, TO WIT•
1. Execution of Affidavit as to Debts and Liens, which is attached
or will be provided at closing.
2. A eurvey, meeting the minimum detail standards of the ALTA/ACSM,
prepared by a registered Colorado surveyor, within the last six
months, must be presented to Stewart Title Guaranty Company,
for ita approval prior to the deletion of any survey exceptions
from the ALTA Loan Polioy to be issued hereunder or the issuance
of l!'orm 100 on the ALTA LOan Policy.
Stewart Title Guaranty reserves the right to take exception to
any adverse matters as shown on said survey, or make further
inquiry or requirements relative thereto. Stewart Title
Guaranty further reserves the right to exclude from Form 100
coverage and adverse matters it may deem necessary.
3. Deed from vested owner, vestin9 fee simple title in
purchaser(s).
4. Deed of Trust from the Borrower to the Public Trustee for ths
use of the proposed lender to secure the loan.
s. Trade Name Affidavit of Stora9e DevelopMent Co. disclosing the
names and addresses of all parties.
NOTE: For an additional charge, Stewart Title of Glenwood
Springs, tnc. will provide any copies of exceptions as shown on
schedule B -section 2.
NOTE1 Provided that Stewart Title of Glenwood springs records
the documents of conveyance in the proposed transaction the
status of title will be updated from the time of this co1M1itment
to the time of •aid recording, lf Daid update reveal& no
intervening liene or other chan9ee in the etat~D of said title
Exception No. S herein will be deleted; if said update reveal&
intervening liens or changes in the status of esid title
appropriate action(&) will be taken to disclose or eliminate
continued on next page
•
ORDER NO: 93022285
CONTINUATION SHEET
SCHEDULE 8 ~ SECTION l
•
COMMITMENT NUMBER: N/A
ea1d change prior to the recording of said documanta.
•
• •
SCHEDULE B • SECTION 2
EXCBPTXONS
ORDER NUHSERI P302228S COMMITMBNT NUMBER1 N/A
TllB POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCllPTIONS TO THE
FOLLOWINC UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION or
THE OOM.PANYI
1. RIGHTS OR CLA%MS OF PAllTIBS IN POSSESSION NOT SHOWN ar THE
PUBLIO IUlOOIUlS.
2, EASEMl!lNTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECOIU>S.
!. DISCR.IPANCIES, CONFLICTS IN BOUNDAJlr LINES, SHORTAGE IN AllBA 1
BNOROACHMENTS, AND ANl!' PACTS WHICH A CORRIOT SURVIY AND
%NSPBCTION or THE PREMISES WOULD DISCLOSE AND WHICH AllE NOT
SHOllN Bl' THE PUBLIC RECORDS.
4, ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR HATERIAt.
HBRETCFORI OR HBRBAFTBR FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RBCORtJS.
6. DBFBC'rS, LIENS, ENCUMBIU\JICBS 1 At>Vl:RSlll CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECOIU>S OR
ATTA0H%NC SUBSEQUENT TO '1'llE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE PAT!l PROPOSED INSURED ACQUIRBS or RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVBREP BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
The following pertain to Garfield coun~y:
7. Right of the proprietor of a vein or lode to extract and remove
hie ore therefrom, should the ma.me be found to penetrate or
intersect the premises hereby granted, ae reserved in United
stataa Patent recorded November 21, 1893 in Book 12 at Page 253
ae Reception No. 16563.
s. RLght of way for ditches or oanals conetr~cted by the authority
of the United States, as reserved in United statee Patent
recorded November 21, 1893 in Book 12 at Pa9e 253 as Reception
No. 16563 •
Terms conditions, restrictions, reservatione, provisions,
obligations, easement and right of way as qranted to Mountain
States Telephone and Telegraph Company, in instrument recorded
July 15, 1966 in Book 395 at Page 445 as Reception No. 241319,
and Ln inetrwnent recorded September 21, 1974 in Sook 464 at
Continued on next page
• ••
CONTINUATION SHEET
SCHEDULE B • SECTION 2
ORl:JER NUKBERI 93022285 COMMITMENT NUMBER1 N/A
(10.
page 184 as Reception No. 264856.
Terms, conditiona, reatriotLona, reservations, provisions,
obligations, easements and rights of way as granted to l\ocky
Mountain Natural Gaa Company in instrument recorded February 19,
1992 in Book 823 at Page 930 as Reception No. 431757.
11. Termo conditions, restrictions, reservations, provisions, and
obligations a1 eet forth in Boundary Line Adjustment recorded
April 28, 1992 in Beck 830 at page 173 as Reception No. 434184,
and subsequent Deed recorded Apr~l 28, 1992 in Book 830 at Page
172 as Reception No. 434183 •
..,;'12. Nonexclusive Easelll8nt as granted to Henry Nagel recorded in Book
872 at Page 831 as Reception No. 451468.
13. Terms and conditions of agreement and covenants of Common Water
System recorded December 17 1 1993 in look 886 at Page 543 as
Reception No. 456713.
14. Terms and conditions of Ditch Agreement recorded Septl01!\ber 24,
1993 in Book 876 at Page 414 as Reception No. 452883.
The following pertain to ~agle county:
15. Reservations or exceptions contained in u.s. Patents, or in Acts
authorising the issuance thereof, recorded November 21, 1893 in
Book 12 at paqe 258 reservinq l) Rights of the proprietor of a
vein or lode to extract and remove his ore therefrom and 2)
ri9ht• of way for ditohes and canals constructed under the
authority of the United Statea.
16. Reservations or exceptions contained in u.s. Patents, or in Acts
authorising the issuance thereof, recorded November 21, 1893 in
Book 93 at Page 358 reeerving 1) Rights of the proprietor of a
vein or lode to extract and remove hi& ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority of the United States.
17. Reservation• or exceptions contained in U.S. Patents, or in Acte
authorizing the issuance thereof, recorded November 26, l8t4 in
Book 48 at psqe 196 reserving l) Rights of the proprietor of a
vein or lode to extract and remove his ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority ot the united states.
Contin~ed on next page
• ( • (
CONT%N~AT%0N SHEET
SCHEDULE B ~ SECTION 2
ORDER NUMBER1 93022285 COMMITMBNT NUMBER: N/A
18. All oil 1 9ae 1 potash, and sodium and the right to prospect for,
mine and remove euch deposits from the same upon compliance with
the conditions and subject to the provisions and limitations of
the Aot of July 17 1 1914 (38 Stat. 509), au amended by the Act
of March 4, 1933 (47 Stat. 1570), as reserved in Patent recorded
November 3 1 1965 in Book 367 at Page 147 aa Reception No.
102453.
19. Right of way EasEHnents as granted to Mountain States Telephone
and Tele9raph by the following documents: August 9 1 1931 in
Book 116 at pa9e 97 as Reception No. 53313; July 15 1 1968 in
Sook 395 at Page 445 as Reception No. 241319; September ?3,
1974 in Book 464 at Page 584 as Reception NO· 264856.
20. Right of way Easement· as granted to Rocky Mountain Natural Gas
by instrument recorded October 16 1 1961 in Book 337 at page 234
as Reception No. 215437.
21. water pipeline and right of way agreement between Briece Arlian
and Vinance Favre and Palmira Favre recorded March 27, 1961 in
Book 167 at Page 228 as Reception No, 94529.
22. Terms , conditions, reservations and restrictions as contained
in·Memorandum of Lease Between Robert Arnold, Gloria H. Arnold,
and Mid Valley Metropolitan oiatrict reoorded April l, 1985 in
Book 410 at page 181 as Reception No. 439192.
23· Terms, conditione 1 re•ervation•, restrictions and easements
contained in Agreement between Mid Valley Metropolitan District
and Robert and Gloria H. Arnold rec0 rded November 28, 1990 in
Book 543 at page 46 as Recaption No. 439192.
Notice of Lia Pandena recorded OCtober 9, 1992 in Book 591 at
page 209 as Reception No. 487307 1 ae it may affect subject
property.
25. Quit Claim Deed form Blue Lake Development company to Robert
Arnold and Gloria H. Arnold regarding a nonexclusive easement
and right of way for access purposes recorded April l, 1985 in
Book 410 at page 182 ae Reception No. 306461.
26. tack of access to a portion of the subject property aituated
north of the parcel conveyed to the Colorado-Uta Electric
Association, Inc., by Deed recorded September 12 1 1980 in Book
309 at Page 181 as Reception No. 205561.
Continued on next page
.:~ .. '., . ' t ~ , •,
. - --- - - - --- - - --• -- -------- ----. ---- ----- -- -.--.-.-' -- ------ -----------------
(
CONTINUATION SKJ;ET
SCHEDULE B -SECTION ~
ORDER NUMBER• 93022285 COMMITMENT NUMBBRI N/A
NO?E1
Pursuant to Senate Bill 91-14 (C.R.S. 10•11•122) Notice
is hereby given that;
a) The subject real property may be located in a
special taxing dietriot1
b) A certificate of taxes due listing each taxing
jurisdiction may be obtained from the county
Treasurer or the county Treasurer's authoriced
agent;
o) Information regarding special diatricta and the
boundaries of euoh dietriots may be obtained
from the County Asseeeor or the County Treasurer.
!--• ·.VARIANCE APPLICATION .• •
GARFIELD COUNTY ZONING BOARD•, OF. ADJUSTMENT
. . . :
l'Ursuant to sectioJ_l 9.05 of .the Garfield county zoning
Resolution ROBERT ARNOLD, GLORIA ARNOLD AND DON BYER~
·.(applicant/owners name)3.o6.o4, 3.o6.os,3.o6.06,
request(s) a variance .to Section 3,,06.08, s.01.05 . of. the Garfield County Zoning
Resolution
·concerning MINIMUM LOT AREA & SIDE SETBACKS to permit CLUSTERING & ZERO SIDE YARD
_s_E_T_B_AC_K_F_OR_T_H_E_T_O_WN_H __ o_,u.s_E_s ___ ~ ___ ......... in the R/G/UD zone district.
suaMI'!'l'AL ~UIREMF.N1.'S: . . . . .
A. Sketch map: showing all iniprovements on the site, building sizes,
locations, setbacks,•and access points.
B, Vicinity map: showin9 <;1eneral geographic location, c. Legal description of site -copy of Deed of O«nership.
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 variemce is being requested,
I •. It should be demonstrated,by the above information· and statements that, • ••• Where by
reason of exceptional nariowness, shallowness or sh<1pe of the specific piece of
property at Efie time of enactment of Ehis Resolution, o~ by reason of exceptional
t01?09raphic condition of such piece of property, or other extraordinarl ana
exceptional situation~ condition of such piece of property, the strict application
of any regulation• enacted .under this resolution would result in peculiar and
exceptional hardship upon the owner of such property•, (Section 9.05.03)
J, subject to the· above findings, the Board of l\djustrnent may authoiize a variance
provided: . . .. . ·
9.05.03 (1): '!hat the variance granted is the minimum necessary to alleviate
suCh praCETcal difficulties or undue hardships upon the owner of said property,
9.05.03 (2): '.ihat · such relief may be granted without •substantial ·detriment to the
public goo-a-and.without substantially impairing the intent and· purpose of the general
plan or this resolution1 . .
9 .05 .03 fil:. 'Jhat t.he circumstances found to COOStitute 11 hardshiJ? were not caused by
the appIICant, are not due to or the result of general conditions in the district,
and cannot be practically corrected;
K. A$250 fee rrust be submitted with the application.
PROCEDURAL Rl!XlUIREMEtn'S: ·
1. subiril€ app!icatlons to the · Garfield county ·oepartmen~ of Building, Sanitation and
Planning no later than the last Friday· of. the m:>nth in order to be included on the
following month's , agenda; Regular meeting of the Zonin(J Board of Adjustment
scheduled on the fourth 'lbursday of each month.
2. You will receive, from the Planning Department, a "pUblic Notice;For~".indicating the
·time and elate of your hearing. . . .
J. Notice by publi'cation (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 mailingc (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 propetty 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) ·
'!be apove and attached ·information is correct and accur.ate to the best of my knowledge.
~t~~ rzk-Lt~~ ~~-fli9J)UreSof appcananil,owner) p~ ~LJ~
APPLIC.\NT: ISOM AND ASSOCIATES PHONE 303-"328-2388
MAILING ADDRESS:P·O· BOX 9, EAGLE, CO 81631
CMNER• Jfsrr $w-s · · (if er en Tum above l
MAILING ADD~S: 3 '5 z.; A
---··-· ·----------------------------------------------------------------~-----------------
• •
ISOM & ASSOCIATES
30 June 1994 ,
Dave Michaelson
Garfield County Building and Planning-· .~ -' ___ .,., _ _,,
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Variance Application for the townhouses and duplex iu Arnold Meadows
Dear Dave:
Pursuant to Section 9.05 of the Garfield County Zoning and Subdivision Regulations, we are
submitting an application for a variance from:
Section 3.06.04-Minimum Lot Area: 7,500 square feet
This variance would allow for a minimum footprint of 500 square feet for a townhouse
or condominium unit and a percentage of common open space for an aggregate total of
7500 square feet. The project contains 50 multi-family units (50 x 7,500 = 3 75,000
square feet required) located on 708,862 square feet for a density of 14, 177 square
feet per unit.
Section 3.06.05-Maximum Lot Coverage: Fifty percent (50%).
This variance would provide for a maximum Jot coverage of I 00%, the aggregate
being located in the common open space.
Section 3.06.06-Minimum Setback:
(1) Front Yard, (b) Local Streets: Twenty-five (25) feet from front lot line.
This variance allows for a setback of 15 feet from private road right-of-way.
(2) Rear Yard: Twenty-five (25) feet from rear lot line.
This variance would allow for:
(a) 0 setback between units in the same building
(b) 5 foot setback for units from common open space parcels.
(3) Side Yard: Ten (10) feet from side lot line or one half (1/2) the height of
the principal building, whichever is greater.
This variance would allow for:
(a) 0 setback for units with common walls within the same building
(b) Fifteen (15) feet between buildings
(c) Five (5) feet for units from common open space parcels.
P.O. Box 9 Eagle, Colorado 81631 (303) 328-2388 FAX 328-6266
• •
Section 3.06.08-Maximum Floor Area Ratio: 0.50: 1.0 or as further provided
under Supplemental Regulations.
This variance would allow a F.A.R of2: I as the townhouse lots created would be a
minimum of 500 square feet on the first floor. The aggregate with open space would
still be 0.50: 1.0.
Section 5.01.05-F1·011tage: Each lot in separate ownershit> shall have at least
twenty-five (25) lineal feet of frontage on a sti·eet right-of-way.
This variance would provide for each lot in separate ownership to have at least twenty
(20) feet of frontage to a common access easement connecting to a public right-of-way.
All common open space and access easements shall be owned and maintained by a
homeowner's association as provided in the protective covenants to be filed with each
final plat.
The following are the submittal requirements:
(A) A Preliminary Plan/Landscape Plan depicting the proposed improvements, setbacks
and access points.
(D) The Vicinity Map is on the Preliminaty Plan.
(C) A legal description and a Title Policy are enclosed.
(D) Arnold Meadows is located about I 1/2 miles west on El Jebel, north of Highway
82 on the eastern boundary of Garfield County. Addresses have not been given to these
townhouses at the time of this application.
(E) The names and addresses of all adjacent property owners are enclosed.
(F) Water and sewer are being supplied by the Mid Valley Metropolitan District.
(G) The Final Plat will be submitted by mid-July to Garfield County.
(I-I) The variance from the minimum lot area of 7,500 square feet per unit is being
requested for 48 townhouses on 708,862 square feet (48 x 7,500 = 360,000 sq. ft.
required.)
(I) The variance from the side yard setback and the minimum lot area are both necessaty
to facilitate townhouse platting with common walls and zero building setback at a future
time when the townhouse and duplex units are constructed. The current zoning
regulations do not contain provisions to allow for multi-family platting into separate
ownership within R/G/UD zoning.
• •
(J) I. The request is for the minimum necessary to alleviate the practical difficulties of
being unable to divide multi-family units into separate estates.
2. The granting of this will not cause any detriment to the public good or to the
intent or purpose of the general plan or Resolution 9.05.
3. The circumstance of being unable to build and sell multi-family units within the
RJG/UD Zone is a definite hardship that was caused by the regulation and not
by the applicant and is not due to general conditions within the district. This
condition cannot be practically corrected without this variance.
Please schedule this application to be heard at the July 25th meeting of the Zoning Board of
Adjustment.
Please call me at 328-2388 if you have any questions.
Sincerely,
Ken Long
Isom and Associates
cc.: Don Byers
Bob Arnold
Attachments: application
check
9326varl
Preliminary Plan/Landscape Plan
legal description
2391-332-00-027
23 91-3 3 4-00-009
23 91-334-00-009
(9326APOG)
• •
ARNOLD MEADOWS
ADJACENT PROPERTY OWNERS
TO GARFIELD COUNTY PROPERTY
PUBLIC SERVICE
P.O. BOX 840, SUITE 400
DENVER, CO 80201-0840
VANTEX
i 825 MOCKINGBIRD LANE
DALLAS, TX 75235
MID VALLEY METROPOLITAN DISTRICT
2542 EMMA ROAD
BASALT, CO 81621
JOSEPH E. JR & LINDA B. EDWARDS
201 NORTH MILL ST., SUITE 201
ASPEN, CO 81611
RICHARD & TERRY CERISE
17072 HIGHWAY 82
CARBONDALE, CO 81623
ALPINE ANIMAL HOSPITAL
17776 HIGHWQY 82
CARBONDALE, CO 81623
•
PROPERTY DESCRIPTION
LOT 2B (ZONED R/G/UD)
SOUTHERLY PARCEL
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
Sl/2NEl/4 AND IN THE SEl/4NWl/4NE1/4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33 1 A BRASS CAP
IN PLACE; THENCE N 47°22 1 10 11 W 3300.72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 53 ° 4 0 '18" W ALONG
SAID NORTHERLY RIGHT-OF-WAY 91.02 FEET; THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY N 54 ° 22 1 40 11 W 213. 65 FEET; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2964. 79 FEET AND A CENTRAL ANGLE OF
15°27 '09 11 , A DISTANCE OF 799.59 FEET (CHORD BEARS N 63°29 '53 11 W
797. 17 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND
RECORDER 1 S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 01°28 1 48 11 E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 205501
792.44 FEET; THENCE LEAVING SAID EASTERLY LINES 69°40 1 23" E 390.95
FEET; THENCE S 30°24'44" E 190.69 FEET; THENCE S 77°53'27" E 487.74
FEET TO A POINT ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE
S 00°00 1 20" W ALONG SAID EASTERLY LINE 923.68 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 17.483 ACRES, MORE OR
LESS.
93097.01
JANUARY 14, 1994
TOTAL P.02
---------------------------------------\ •
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -(.
SCHEDULE A
ORDER NUHBIRI 93022285 COMMtTMENT NUMBER: N/A
l. EFFECTIVE DATE: December 27, 1993 at 7145 A.M,
2, POLICY OR POLICIES TO BE ISSUED; AMOUNT OF INSU!IANCE
A, ALTA OWNERS POLICY $ 600,000.00
PROPOSED INSURED: STORAGE DEVJ!r.c>MENT
co.
B. ALTA LOAN POLICY
PROPOSED INSURED: ROBERT AJU{OLD
AND CLORIA H. AJU{OLD
C, ALTA LOAN POLICY
PROPOSED INSURED:
o.
$ TBD
$
$
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFEIUIED TO IN THIS
COMMITMENT AND COVERED HEREIN !s FEE SIMPLE AND TITLE THERETO IS AT
THE EFFECTIVE DATE HEREOF VESTED IN1
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: $ 1,380.00
MORTGAGEE: $ so.co
SEMCH FEE $ 30.00
Examiner: R.L. Hays
Closer Cindy
mt
POLICY OR POLICIES COMMITTED TO 81 ISSUED llEREUNDER ARE ALTA
OWNER AND/OR LOAN POLICY • (4•6•90)
STEWA!IT TITLE OF
GLENWOOD SPRINGS, INC,
801 COLC~O AVENUE
GLENWOOD SPRINGS, CO, 81601
(303) 945-5434
FAX NO. (303) 945•7091
\
)
' '
- - - - - - - - - - - - - - - - - ----~~--------- - - - - - - - - - - --.-- - - -· ....... SCHEDULE A • • PROPERTY DESCRlPTION
ORDER NO: 93022285
All of th• followinq deecribed property lyinq North of the North
Line of purposed New State Highway 82.
A tract of land aituated in Lota 4 and 6, in the NWl/4SE1/4, in
the Sl/21111:1/4 and in the SE1/4NW1/4Nll/4 of Section 33, Township
7 south, Range 87 West of the 6the Principal Meridian, located
in Garfield and Eagle counties, Colorado, and lying northerly of
the Northerly right of way line of Colorado State Highway No.
82, aaid tract of land being mare particularly described ae
follows:
Beginning at a point on the Northerly right of way line of said
State highway No. 82 whence a braaa cap found in place and
properly marked for the Southea•t corner ot aaid Section 33
beara s. SO degrees 59'58" E. 2280.BS feet1
thence N. 72 d~rees 10'33" w. 1810.20 feet along the Northerly
right of way line of eaid State Hiqhway No. 82 to a point on
the westerly line of eaid Lot 61
thence N. 01 de9rees 15'00" E. 628.27 feet alonq the
westerly line of eaid Lot 6 to the Southwest corner of said Lot
4;
thence N. 01 degrees 40'00" E. 1329.15 feet along the
westerly lin• of eaid Lot 4 to the Northwest corner of said Lot
4;
thence N. 89 degraes 38'19" E. 738.48 feet to the
Northeast Oorn&r of eaid LOt 4;
thence N. 89 degr-.a 39'06" E. 686.87 feet along the
Northerly line of the Sl/2NE1/4 of aaid Section 33 to the
Southwest Corner of the SEl/4NWl/4NEl/4 of eaid Section 331
thence N. 00 degrees 39'52" t. 663.47 feet along the
westerly line of the S!l/4NW1/4NE1/4 of aaid section 33 to the
center of the NW1/4NE1/4 of aaid Section 331
thence N. 89 daqraes 42'43" t. 231.95 feet along the
Northerly· line of the SEl/4NW1/4NEl/4 of Hid Section 33/
thence s. 00 degrees 00'01" w. 3184.29 feet to the point
eot b<>9innin9;
!xcepting frOlll the above the following:
(l) Parcel& conveyed to Colorado-Ute Electric Aa&ociation, Inc.
in look 559 at page 714 aa Reception No. 309280 (Garfield
Co.) and in look 309 at page 181 as Reception No. 205561
(Ea9le Co.).
(2) Parcels conveyed to Henry Nagel in Book 830 at Page 172 aa
Reception No. 434183 (Garfield co.) and in Book 543 at Page
43 ae Reception No. 439189 (Eagle co.).
Continued en next page
•
' !
• SCHEDULE A
PROPERTY DESCRXPTION CONTINUJJD
01\DER NO. 93022285
PROPBRTY DBSORIPTION CONTtNUBD
(l) Parcel conveyed to Mid Valley Metro Di•trict in Book 353
at Page 304 ae Reception No. 249640 (Eagle co,),
(4) Paroele conveyed to Department of Transportation, state
of Colorado in Book 876 at Page 614 aa Reception No. 452970
and look 876 at Page 617 ea Reception No, 452971 (Garfield
Co.),
ALL IN THE COUNTIES OF EAGLE AND GARFIELD
&TATE OF COLORADO
NOTB1 The legal deecription
completion of final aurvey.
make further Req1.1irementa or
survey.
to be insured will be provided
The company reserves the right
Exceptions baaed on maid final
upon
to
NOTE1 Robert Arnold and Gloria H. Arnold received non-exoluaive
Eaeemente from Henry Nagel in Book 872 at Page 833 as Reception
No. 451469 (Garfield co.) and in Book 621 at Page 698 aa
Reception No. &17766 (Eagle co.).
• •
SCHEDULE 8 -SECTION l
ORDER NUMBIRI 93022285 COMMITMENT N1JMllR1 N/A
REQUIIU:MENTS
THE FOLJ:.OWING ARE TH!: REQUIR!lM!N'l'S TO Bl COMPLIED WITH1
ITEM (A) PAYMENT TO OR FOR THB AOOOUNT OF THI CllANTORS OR MORTGAGORS
OF THE FULL OONS!DERATION FOR THB !STATE OR INTEREST 'l'O BE INSURED.
ITEM (I) PROPER %NSTRUMEN'l'(S) CREATING Tiii ESTATE OR JNT!RJ:ST TO BE
INSURED HUIT II !XEOU'l'ID AND DULY PILED FOR RECORD, 'I'O WlT•
l. Exeoution of Affidavit as to Debt• and Liens, which ie attaohed
or will be provided at cloain9.
2. A •urvey, meetin9 the minimum detail standards of the ALTA/ACSM,
prepared by a re;ietered Colorado eurveyor, within the last six
months, muet be presented to Stewart Title Guaranty Company,
tor ita approval prior to the deletion of any survey exceptions
from the Al.TA Loan Policy to be issued hereunder or the issuance
of rorm 100 on the At.TA Loan policy.
Stewart Title Guaranty reserves the right to take exception to
any adverse matters as shown on said survey, or make further
inquiry or requirements relative thereto. Stewart Title
Guaranty further reserves the right to exclude trom Form 100
coverage and adverse matters it may deem necessary.
3. Deed from veetecl owner, vesting fee eimple title in
pllrchaser(s).
4. Deed of Truat from the Borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
5, Trade N11111e Affidavit of Storage Development co. disclosing the
n11111es and addresses ot all parties.
NOTll For an additional charge, Stewart Title of Glenwood
Springa, tnc. will provide any copies of exceptions as shown on
schedule B -section 2.
NOTE1 Provided that Stewart Title of Glenwood springs record•
the docW11enta of conveyance in the proposed transaction the
statue of title will be updated from the tlJ!le of this commitment
to the time of •aid recording. lf 11id update reveals no
intervening lien• or other changee in the etatue ot said title
Exception No. 5 herein will be deleted; if said update reveals
intervening liens or changes in the statue of said title
appropriate action(•) will be taken to d~aclose or eliminate
continued en next page
------.--------- - ---- ---- - - - - - - - - - - - - - -•
ORDER N01 93022285
CONTINUATION SHEET
SCHEOULE B -SECTION l
-·
COMMITMENT NUMBER: N/A
sa1d change prior to the recording ot eaid documents.
7.
e.
• -·
SOH!DUl.E B • SECTION 2
EXCJPTXONS
01\D!R NUMIBRI ~3022285 OOMMITMBNT NUMBER1 N/A
THI POL%OY OR POLICIES '1'0 BE ISSUED WILL CONTAIN EXCIPTIONS TO THE
FOLLOWINC UNLESS THE SAME ARE DISPOSED or TO THI SATISFACTION or
THE COMPANY:
1. RlOHTS OR CLAIMS or PARTIES IN POSSESSION NOT SHOWN BY THE
PVBLIO RECORDS.
2. BASBM!!iNTS, OR CLAIMS or BASEMENTS, NOT SHOWN BY THE PUBLXC
RECORDS,
3. DISCRBPANCI!S, CONFLICTS IN BOUNDA!IY LINES, SHORTAGE IN AREA,
BNOl\OACHHENTS, AND ANlt' FACTS WHICH A OORRIOT SURVlllt' AND
%NlpEOTION or THE PREMISES WOULD DISCLOSE AND WHICH l\JIE NOT
SHOIDI BY THE PUBLIC RECORDS.
4, AllY LIBN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
Hl!illETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY TH! PUBLIC REOORDS.
&. DBFECTS, LIENS, ENCUMBRANCES, At>\11:RSB CI.AIMS OR OTHER MATTERS,
IP ANY, CREATED, FIRST APPEARING IN THE PUBLIC JU:CO:RDS OR
ATTAOHINC SUBSEQUENT TO THE EPFECTIVE DATE HEREOF BUT PRIOR
TO THl!i DATE PROPOSED INSURED ACQUIRES or RECORD FOR VALUE
THB !STATE OR INTEREST OR MORTGAGE THEREON COV11RJ:D BY THIS
CO.H.MITMENT,
6. WATER RICHTS, Cr.AIMS OR TITLE TO WATER.
The following pertain to carf ield councy1
Ri;ht of the proprietor of a vein or lode to extract and re111ove
his ore therefrom, should the aame be found to penetrate or
intersect the premiaea hereby granted, as reserved in United
states Patent recorded November 21, 1893 in Book 12 at Page 253
as Reception No. 16563.
Right of way for ditcheo or canal• con1truoted by the authority
of the United States, as reserved in United State1 Patent
recorded November 21, 1893 in Book 12 at Pa9e 253 as Reception
No. 16563-
Tenne conditions, restrictions, reservations, provisions,
obli;ations, easement and ri9ht of way as ;ranted to Mountain
States Telephone and Tele9raph Company, in instrument recorded
July 15, 1968 in Book 395 at Page 445 aa Reception No. 241319,
and in inatrwnent recorded septeftlber 2l, 1974 in &ook 464 at
Continued on next page
..
-~~~~~~--~-~-~-~-'-"-~~~-~-~-~-~-~-~---_-_-_-_---------------
• CONTINUATION SHEET • SCHEDULE B -SECTION 2
ORDER NUMB!Rt 93022265 COMMITMENT NUMBER• N/A
page 184 as Reception No. 264856.
' v 10. Terms, condition•, reetriot1on1, reservations, provisions,
obli9ations, easements and righte of way as granted to Rocky
Mountain Natural Gae Company in instrument recorded February 19,
1992 in Book 823 at •age 930 as Reception No. 431757.
11. Tetme conditions, restrictions, reservations, prov~s~ons, and
obligation& a1 eet forth in aoundary Line Adjustment recorded
April 28, 1992 in Book 830 at page 173 as Reception No. 434184,
and subaequent Deed recorded April 28, 1992 in Book 830 at Page
172 aa Reception No. 434183.
~12. Nonexcluaive Easement as granted to Henry Nagel recorded in Book
872 at Page 831 as Reception No. 451468.
13. Terms and conditions of agreement and covenants of Common Water
System recorded December 17, 1993 in sock 886 at Page 543 as
Reception No, 456713.
14. Terms and conditions of Ditch Agreement recorded Septe!llber 24,
1993 in Book 876 at •age 414 aa Reception No. 452893.
The following pertain to ~agle county•
15. Reservations or exceptions contained in U.S. Patent•, or in Acts
authorising the issuance thereof, recorded November 21, 1893 in
Book 12 at page 258 reserving 11 Rights of the proprietor ot a
vein or lode to extract and remove hie ore therefrom and 2)
ri9ht8 of way for ditches and canals constructed under the
authority of the United States.
16. Reservations or exceptions contained in u.s. Patents, or in Acts
authoriein9 the issuance thereot, recorded November 21, 1893 in
eook 93 at •age 358 reserving 1) Rights of the proprietor of a
vein or lode to extract and remove hi1 ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority of the United States.
17. Reservations or exceptions contained in U.S. Patents, or in AQts
authorizing the issuance thereof, recorded November 26, 1894 in
Book 48 at page 196 reserving l) Rights of the proprietor Of a
vein or lode to extract and remove his ore therefrom and 2)
rights of way for ditches and canals constructed under the
authority of the united states.
Continued on next page
• CONTINUATlON SHEET
SCHEDULE B -SECTION 2
ORDER NUMBER; 93022285 COMMITMENT NUMBER: N/A
18. All oil, 9ae, potash, and sodium and the right to prospect for,
mine and remove eucn deposits from the same upon compliance witn
the conditions and subject to the provisions and limitations of
the Aot of July 17, 1914 (36 Stat. $09), ae amended by the Act
of March 4, 1933 (47 Stat. 1570), as reserved in Patent recorded
November 3, 1965 in Book 367 at Page 147 as Reception No.
l02H3.
19. Right of Way Easements as granted to Mountain States Telephone
and Telegraph hy the following documents: AUIJUst 9, 1931 in
Book 116 at page 87 as Reception No. 53313; July 15, 1968 in
Book 395 at Page 445 as Reception No. '41319; September 23,
1974 in Book 464 at Page 584 as Reception No. 264856.
20. Right of Way Easement as 9ranted to Rocky Mountain Natural Ga~
by instrument recorded October 16, 1961 in Book 337 at page 234
a~ Reception No. 215437.
21. Water pipeline and right of way agreement between Briece Arlian
and vinance Favre and Palmira Favre recorded March 27, 1961 in
Book 167 at Page 228 as Reception No. 94529.
22. Terms , conditions, reservations and restrictions as contained
in Memo~andum cf Lease Between Robert Arnold, Gloria H. A.i:nald,
and Mid Valley Metropolitan District recorded April l, 1985 in
Book 410 at page 181 as Reception No. 439192.
43. Terms, cond~tione, reservations, restrictions and easements
contained in AgreBl!lent between Mid Valley Hetropo1itan District
and Robert and Gloria H. Arnold recorded November 28, 1990 in
Book 543 at Page 46 as Reception No. 439192.
~)·
_,,.,,, •• ···,..
0
24. ...-/"
_ _,../
Notice of Lis Pendens recorded OCtober 9, 1992 in Book 591 at
page 209 as Reception No. 487307, as it may affect subject
pr: (;~:·-:; r·t y •
2&. Quit Claim Deed foi:m Blue Lake Development company to Robert
Arnold and Gloria H. Arnold re9ardin9 a nonexclusive easement
and right of way for aeceQa purpoQes recorded April l, 1985 in
Book 410 at page 182 as Reception No. 306461.
26, Laok of access to a portion of the subject property situated
north of the parcel conveyed to the Colorado-Ute Electric
Association, Inc., by Deed recorded September 12, 1980 in Book
309 at Pa9e 181 as Reception No. 205561.
Continued on next page
• • CONTINUATION Sfii;!:T ,.,,,,.,..., ___ ............. _ -
SCHEDUl.
NT NUMIJ!:R1 N/A
I . .:one to Senatli Bill. 91-14 (C.R.S. 10•11•122) Ne>t.iee
is hereby given tn•t:
a) The sub,ect real p<"operty may be located J.n a
special. tdxinq di.strtctp
b) A certificate ot taxes due list•ng each taxing
juriadict1on may be obtained trom the County
Treasurer ot· the co ... nty Treasurer' e authorized
~9t'n.t;
c) Information regarding special ciiatrict.s ano the
boundaries of auch diBtr1cts may be obtained
t·rom the County Asseeeor or the County ~·reasurer.
i·· .. ~ VARIANCE APPLICATION . •
GAiJi!LD COUNTY ZONING BOARD OF ADJUSTMENT
Pllreuant to section 9.05 of the Gatfield cQunty zoning . . .
ResOlution ROBERT ARNOLD,. GLORIA ARNOLD AND DON BYERS
·. (applicant/owners name )3. 06. 04, 3. 06. o5, 3. 06. 06,
..
request(a) a variance to Section 3,06.08, 5.0L05 of the Garfield County Zoning
Resolution
concerning MINIMUM LOT AREA & SIDE SETBACKS to perrnit CLUSTERING & ZERO SIDE YARD
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SllllMI'l'l'AL RglUIREMOO'S: · .
A. Sketch map:. showing all in1provemente on the site, building sizes,
locations, setbacks, 'and access points. ·
B, Vicinity map: showing general geograpltie location, ;
c. Legal description of site -copy of Deed of CMnerahip.
D, Practical description of site -including address.
zone district •
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 sh<iJ;?e of the specific piece of
property at the till13 of enactment of this Resolution, o~ by reason of exceptional
toeographic condition of such piece of proper:ty, or other extraordinari ano
exceptional sl€uation ~ ~"Ondition of such piece of prof)er:ty, the strict application
·Of any regulation' enacted .under this resolution would result in peculiar and
exceptional hardship upon the owner of such property•, (Section 9.05.03)
J, subject to the · above findings, the Board of Adjustment may authoriize a variance
provided: . · .· .. .
9,05.03 (1): 'lhat the variance gr:anted is the minimum necessary to alleviate
such praCE'fcal difficulties or undue hardships upon the owner of .said property,
9 .05 .03 (2): '!bat such relief may be granted without 'substantial detriment to the
public gooa-and .without substantially impairing the intent and purpose of the general
plan or this resolution1 . .
9.05.03 JJ):.'lhat the circumstances found to constitute~ hardship were not caused by
the apt>IIC'a.nt, are not due to or the result of general conditions in the district,
and cannot be practically corrected; ·
K. A$250 fee ll'llst be submitted with the application.
PROCEDURAL IWJUIREMEN'l'S:
1. subirilt ij)plicationa to the· Garfield county Department of Building, sanitation and
PJ.anning no later than the last Fridai of. the ioonth in order to be included on the
following month's, agenda." Regular meeting of the Zoning Board of Adjustment
scheduled on the f0ur:th 'lbur:sday of each JTOnth.
2. You will receive, from the Planning Department, a "Pllblic Notice ;For~".indicatin9 the
·time and date of your hearing. . . .
3, Notice by publi'catiOn (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
9.0S.04.(l) . .
4. Notice by mailing. (of the. public notice form) shall be ... sent by certified
return-receipt mail to all owners of all property within two hundred (200) feet of
the subject property at least five (5) days ·prior to the hearing, and the return
receipts showing receipt of. notice shall be presented at the· hearing by the
applicant, unless the applicant is able to otherwise show evidence of adequate notice
to such owners. Section 9.05.04.(2)
'!he above and attached inforrnatic1n is correct and accurate to t:he best of rny knowledge.
1;f{£/let\fi£in(ina~~=~0~-
. . . ,
APPLICJ\NT: ISOM AND ASSOCIATES PHONE 303-'-328-2388
MAILING ADDRESS:P•O• BOX 9, EAGLE, CO 81631
OONER: Pm . s"Ef::.s ( i terent Tum abOve)
MAILING ADDRJ;;SS: '3 '5 Z A
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