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HomeMy WebLinkAbout1.0 ApplicationJanuary 24, 1995 Mr. Porter Toft Garfield Livestock Market, Inc. P.O. Box29 Silt, CO 81652 GARFIELD COUNTY BUILDING AND PLANNING RE: Board of Adjustment Hearing Dear Mr. Toft: Please consider this letter to be official notification that on November 28, 1994, the Garfield County Board of Adjustment approved your request for a variance from Section 5.07.07(7) (Off-Site Sign) and Section 5.07 .07(9) (One Sign per Lot) to be placed on Jon Julius' property, with the condition that a sign permit shall be obtained from the Garfield County Building Department. I apologize for the delay in sending you this notification, but we are finally getting caught up. If you have any questions, feel free to contact this office. Sincerely, Stella M. Archuleta Secretary to the Garfield County Board of Adjustment SAisa 1098th STREET, SUITE 303 . 945-8212/625-5571/285-7972 . GLENWOOD SPRINGS, COLORADO 81601 ·--·~1. =--;'~-'.-t.;to • ' TAlll£-iiiil1iwiiiii b-., ............ -TaOI,__., .. ___ _ ; nmt_Weo..tf0 9llltd==gmnl• ---5.07.o7(7) ........ .......... -..... -..-, Pfll:IPldr .......... c..itp d a..11111. ..... '; Colrnda:bwl: / ;.__ A l*Oll d llftCI ...... In .. NW;ad-.. NEV4 Sedbl Inf the SW V4d .. E114Seceon4;,.atn TCMMlllpS 9Dull. R9npll2W•dthe 8lti Mw:lpll MMtdlandelcrlled '!'_~ 1 ._....lltapaHon ... W..hcl9llclNWV4afe. NEV4whlnc:e ... SecllorlCc:ilnlroorrmontos.c:em- 3.4.ltnd101Domdlltl•I... 5 oaft.tar..tMd , ONndA,,_.,.ln ... Town'6f_S..:Colel I 5 ---fW11 CX1'32'42" --1153.41 t.I tnd Na.9.-81" 'f4'S"''a.t"' 2937.9tMl;hnaeNcdi00'32'~ ta.AlttMI; ..._ ...... w.l:hcA ... SWIM.af...:aEV4 Nol9ICX1'31W'W..--1Bllill;thenoil°1M1• 1 • W...:lheMd ...... a..__Saull&BIN7"15"EMI 72U2111t ....................... ~ tMt ...... Nedi ...r15" w..I: 724.70 w .... 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S0521Mtto ....... d • ...,. .. _..,..... ....... _____ ... _ .. l ri ~~ ~ 1E: =(Cl 7 tb1114.-oror' v-W arjG1o:IMl"C7'1&".,......ae ...._~~-•-WtPf -Pi:WI~":~ tp;;:_rt;.':!.":.""..:.~ ~.l&:i9w'8=. ·:II tu~--­"* •W••' -Tlnc:lldlclll ... wrm-V-- M~lnlw~V-...,Oldi. One-tNrd w..t"' ... w...: Olwkle w... alotrrient. Oonlnd:No. 861001-0FJ ...... perd no. 133099. "'-*-'owu"8oic Loclllllid #udt•....., 112 Ml9 1fllllClll ... Townd Sii. "°"' Clll._...,8&2'.. l8:'":':.~1ae~tora81gnan•. .. __ ,, ... ___ , 1 -tan ........................... pollll: or....-.,1,...nl'd:__.,....., ..... I ____ .. ____ .,_ . ... ~.J'Oll ___ .. __ _ ....... ~~:-1..-. LWI PROOF OF PUB,LICATION GLENWOOD POST STATE OF COLORADO. } COUNTY OF GARFIELD . SS. 26008 Gary Dickson ~ I, ...................................................................................................... do solemnly swear that I am ....... P..l!.!?..l:L~ . .l!.~ .. L ................................................ of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty_t,vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second.class matter under the provisions of the Act of March 3. 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within the meaning of the la\VS of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of ...... L ...... consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated ~E!.Y.~.m.!?.~.'!: ..... U ....... .AD., 19 ..... 9.A., and the last publication of sai.a.. notice was in the issue of said newspaper dated t!.O.Y ........ 11 ..... .AJJI' 19 ... 9..~ ... - In witness whereof I ruiive hereunto set my hand this .. U.J.h ....... . day of .~.£:::.~-~-~-~.E ......... VA............. ~ 19 ...... ?..:t.. Subscribed and sworn to tz:o me, a notary public in and for the _..., .... ;_':,.'S.S. '-~ ... ''-"'l\ 1 1 t h County of ~. Sf;l!.o 'Bt'l lorado. this ........................................ day ~~"' ······· "-'.( ,'..·~ of .... ~.9.Y .. ~ .. -:9~1':( ......... :::::::~C:.:1:, .. ~D .. 19 ....... 9..~. ·iO '·--"' ' ',\µ.n• ::u:;:_1~-~,,~:~~~ ··-~--~· #. {.: {>,... c.-;j~-:. . .-<~ .. -.r-.. -·~. ·!'" /'" "'-'.\~ ... "".,-~~'" , . 2014 Grand Ave., Glenwood Springs, CO. 81601 • ------------------,---PueucNonce ' TAKE M011CE thlit O.rtield"Uveetook ~ lno. (Porter Toft) hu 9PP!led to the Zo(ll~ &o.nl of Ad)let- 1 rnent. Oll'fleld county, .... of Ooloredq. to 9ftnl I Vllllln09trorn8eotbnS.07.07(7)oflheCWheld0ounty I •vn.,...., _ ...... """""°"-·""'' _.,. ... -..... Oo<in1I' ., o-. ~ ~ ,, Oolot.cto; ~wt; ,.. . '~ PROOF OF PUJU,ICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. ss. 26008 Gary Dickson I, ..................................................................................................... do so! swear that I am ...... .r.l! . .l?.JJ.§.\J.~ .. L .............................................. , GLENWOOD POST; that the same is a newspaper printed, in or in part, and published in the County of Garfield, State of rado and has a general circulation therein; that said newspap-: been published continuously and uninterruptedly in said Com Garfield for a period of more than fifty-two consecutive week• prior to the first publication of lhe annexed legal notice or adve ment; that said newspaper has been admitted to the United t mails as second.class matter under the provisions of lhe A March 3, 1879, or any amendments thereof. and that said news• is a newspaper duly qualified for publishing legal notices an; vertisemcnts v.1ithin the meaning of the la\YS of the Sta!. Colorado. That the annexed legal notice or advertisement was publish. the regular and entire issue of every number of said newspape the period of ...... L ..... consecutive insertions: and that the first lication of said notice was in the issue of said newspaper - ~!?..Y..~.!!!.~.!:'.L ... U ......... A.D., 19 ..... 9..4 . ., and the last publication of notice was in the issue of said newspaper daled t'f.Q.Jl. ....... l..l ..... 19 ... 9..L .. In witness whereof I h ve hereunto set my hand this JJ .. tlJ. day of .~.~.::'..~.~~.~.!'.......... !);., I ...... 9..4 .. Subscribed and sworn to efo e me, a notary public In and for .,:>"-~''-\.'\.'\~'l 11th County of ~~14: .. ~~.{:'l , lorado. this ...................................... .. Nov.<'"ii~·r' ..... _ _.,,,., ~4 of ............... ;. .. J; ........................ .:.,.1 ...... :\~~· .D .. 19......... . . :?J ~~ .. _., ')'hi.ti :! . . ... \) ' (SEAL) ;l { ~ ,, · · ... ,~,;; .. ;...... . ... c.\... ...... . ........ .. .. \ i \),-,.11<!/·",\)-... · i (.) ~~ Notary Public \ \.,~\· /:-'1/',,, . .,.,, ('~"}1 i.--..1~21 My Com ' . ~·J!:'.'pire~ ... ,;'..Q,>L .. : .. (.~'..'.'.'. .. : .... .'.:'.::'.:~.'..1 .~~!).'.'..e.~ .......... . 'lj"1 -q .._ ........ . \.) ,•-· .;'t , J.' o .. co'-,_,., ... ''~t.\;~~ ... !>.~;;6".'~~ . 2014 Grand Ave., Glenwood Springs, CO. 81601 . ' . z 034 831 142 ,,,.__ Receipt for · ~ Certified Mail -No Insurance Coverage Provided Jmlt'.\~ Do not use for International Mail {See ReversA) St re PO Special Der.very Feic Restncted Oelo11ery Fee s:2: Return Receipt Showing ~ to Whom & Date Delivered ~ ,eo '@ Return Receipt Showing to Whom . .l!l ...,,o'~'~"~'~"~'-A•d•d·"·"-'.'.·'-A-d•d·"-"--t--~""".~:::--1 :::!:: TOT AL-Po~lapf $ ~g & :s~:·ark or, ~ate ' ,.r \ ' ; '.. '. E 1 I : of \ •' J J ~ .""--· _.,... I . ·"".•. ~ r • ·~/ • ·z a'34 831 141 Receipt for Certified Mail $ 'd Certol•t'd re<' Spec•<il Delivery Fee Res1r1c!ed Delivery Fee z 334 831 139 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Cert,f1ed fee Special Oel•vcry Fee Restricted Delivery Fee ,()0 z 034 831 140 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ,oo Special Delivery Fee Restricted Delivery Fee 1~F+:-~..:..;,;;:i;.~~~-=-1 ~~~~~1 ! le .. u.s.oP0,1003-352-m DOMESTIC RETURN RECEIPT --- - - ---- - - - - - - -------------------------------------------------- • December 1991 •u.s.C1P<>.1~11• DOMESTIC RETURN RECEIPT :l ER: "I • Complete hems 1 and/or 2 for eddltional aervlces. I also wish to receive the I Complete Items 3, and 4a Si b. following services (for an extra j' • Print your name and address on the reverse of this form 10 that we can fee): • return this card to you. • Attech this form to the front of the mallp/ace, or on the back if apace 1. D Addressee's Address doe• not permit. I • Wrlte''ReturnRaceiptRequ !ted"onthemailplecebelowthearticlenumber. 2. D Restricted Delivery I • The Return Receipt wll1 ·~~ o whom tka article was delivered end the date ER: • Complete Items 1 and/or 2 for additional services. I also wish to receive the • Complete Items 3, end 4e & b. followinQ Services (for an extra 1· • Print your name end address on the reverse of this form so that we cen fee): • retum 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. • Write ''Return Receipt Requested'' on the mallplece below the article number. 2. O Restricted Delivery I • The Return Receipt will show to whom the article was delivered and the date ~··~ll~ve~r~•~•·c...,~~~~~~~~~~~~~~~~~~~~~'-'C~o~n~s~u~lt'-"o~•~t~m~•~•~t~e~r~f:o~r~fe~e~.'"""- 3. ~~d'::T:! i'~ ' f-4_•_· ~A ... rt...,ic,.lec..~.:.u:...m_b_r~....::...3_/_,__/ Lf_,__::;l.., __ ~ /t J• c::,. __ .J...,, /A~,....... J,,, 4b. Service Type I Vf'1 r flJr't}i(/{,(JA'-.) ~ 0 Registered 0 Insured 3:;51 r HwlA (Jtl f 0 VI 1-~=--=~,..:p,..·:_~_~·,..d=-M..,•,,.ll __ g--"~"'~"t~"''hw" ... ~ ... e,,fe"'i-pt-fo_r_! ;' Jf-, tfe. -/ '{'Jl.J?S2. 1. Date ot Delivery i -:Jfl:.:~~~~~~~--1 8. Addressee's Address (Only if requested J and fee is paid) , December 1991 •u.s.OP<>.1 ........... m DOMESTIC RETURN RECEIPT • • BOA 11/28/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: Variance from Section 5.07.07 (7) (Off-Site Sign) and Section 5.07.07 (9) (One Sign per Lot) Garfield Livestock Market, Inc. Located approximately 1/2 mile west of the Town of Silt, north of 6 & 24. 7.50 acres Well ISDS U.S. 6&24 AIR/RD and C/L I. RELATIONSHIP TO THE COMPREHENSIVE PI.AN The site is located in District D -Rural Areas -Town of Silt Urban Area oflnfluence as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Descrinfum.: The site is located approximately 1/2 mile west of the Town of Silt, one lot north of US 6 &24. The parcel currently is occupied by the Garfield Livestock Market. The adjacent lot fronting 6 & 24 (Julius Property) is also occunied by agricultural-related business. A vicinity map is shown!~ page -3 • . A site plan provided by the applicant is on page~~~-­ The applicant's cover letter is shown on page • JI" -. B. Request: The applicants are requesting approval of an off-site sign, as well as more than one sign per lot. The request is a variance from two (2) specific sections of the Garfield County Sign Code: Section 5.07.07 (9) allows only one sign per lot, and Section 5.07 .07 (7) requires that signs shall "identify or advertise only interests conducted on the lot of the sign location unless the Board of Adjustment, upon request, determines the an off-site sign conforming to the I - • • district regulation in which the sign is located is necessary to promote the interests of the use to which it relates. III. MAJOR ISSUES AND CONCERNS I. Section 5.07.12 of the Garfield County Sign Code allows the Board of Adjustment to grant a variance based on the following guidelines: A. It is the policy of the County to encourage aesthetically pleasing signs without substantial interference with the business to which the sign relates; B. Projected signs shou Id not substantially obscure any part of another sign related to another use; C. Excessive large or tall signs should be avoided to prevent visual obstruction of the natural scenery within the County; D. Variances should not be granted which would allow any business use unfair advertising advantage over any other business use. E. Ifit is necessary or reasonable to grant a variance to the strict regulations of this chapter, the sign should be limited in size, height and location in conformance with the purpose of the sign. 4. The applicants are requesting a variance based on the hardship based on the relative distance of the lot from US 6&24. The proposed sign is shown on page • "• , and is well within the limitations of the applicable code for the C/L zone district. The proposed sign is constructed from redwood, with carved letters. 5. The applicant has approval from Jon Julius, who owns the property proposed for the sign. IV. SUGGESTED FINDINGS I. That the application for Variance was found to be consistent with the requirements and standards of Section 5.07.02 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION APPROVAL, subject to the following conditions: I. A sign permit shall be obtained from the Garfield County Building Department. ~.~@ II! 1!1~ 'I ,, '. ' - '' '' 14 C§> @ ; J '< !j i ' " ,~j_ / / ® "+ ,/ ~ ,/1 6~ r /-/I (t06) I ® 'i 07 - @ @) T SEE ••• T ·- ..... I-SEE 1 }/MAP ~i ,fl Jr II <§) ..L:1 ' ' 2i79 .//-032 IMAP •• - I ••No. ... 11 'IJ ~ z!:a11M rol/~-. } VJ~ .~/sE E 236 f( ./ SEE MAP 4 • , , • ~ ,, ~- ~ ® oO '+ .. ~ Zr: SEE I MAP 2179t023 Co 7 2-HC(S-n_:: -~"l.UJ.9· 101 . Sa-4~-.MAP 31 ·,---=-zTR ---' -<§3> ·~ 21 • ~ 2m-1'02----i-7; RI ' OS ~--,, :c~J;?- ~~:::;::i:-···~C z::z~ ~ -· ' .:::>~++1€ ~-~···I-~ C§ I_ co ' ....... I> "' (Jl • . "' fil ()· -0 t . .' • 0 ~· .. ! . ' , p I • I '-I ' .:.' I I 'f - • 4 o.oo' .. "1~1.S~' ;. c ;._ .... ~--••• •' . ' . : .. ''\. . -~··_. :'\.. '.' r : ,, ! w ! t. I ~~ ·r----• A. See Attached B. See.Attached C. See Attached D. 32597 Hwy 6 & 24 E. Jon Julius CIO Frontella Julius Inc. 32597 Hwy 6 & 24 Silt, Colorado 81652 876-5580 • (adjacent to our properly and site on which we want to put the sign) The following are property owners adjacent to the site we would like to put our sign. Denver Rio Grand Railroad P.O. Box 5482 Denver, Colorado 80217 Homer Johnson 2430 Tigertail Drive Lake Havasu City, Arizona 86403 State of Colorado, Highway Department 4201 E. Ark Ave. Denver, Colorado 80222 Garfield Livestock Market, Inc. P.O. Box 29 Silt, Colorado 81652 F. Garfield Livestock's water source is a private well. Garfield Livestock's sewage disposal is thru a septic tank and leach field on the property. Garfield Livestock uses Public Service for their utilities. G. We plan to put a redwood sign on Jon Julius's properly just east of our 30 foot access easement (see the attached drawing). The sign has already been made. We designed it to not be offensive to neighbors or traffic on the road but rather as an aid in directing customers to our livestock auction barn and restaurant. The sign is carved and painted on both sides so it can be seen by traffic going both east and west. We feel it is a very attractive sign that will be an asset to the community. s- • • qr+ ---------- G-A l'< FI ELD L.I\€SIOG.' Jf. fn4R.KEr -. 5tAl~J &~~ /11°"""4~ ~ r ~~ UJoJe,lf'~ J ?>Rolt.&t./ S'POl'e Resrr;:Jaut'f~ r~ ·2~1.1 ~ --v / fF. t\ Vv\ V\ ,.,A V\.A • A -</!( ~ Siqn /J /&a't<J2Jvd .J tt!n?:l,, M/ · f /VJU{'P 1/, ~d f'tu/-JJ('d ~?n. ·( 51f11 h t7Y7 &P? Ji~J') - - - - - - - --u.----- - - . d) t" r- r-.. ~ I : ' I ---- • I I • • I I • I ·. • . I ' 1 l • • ' .. '. . .. ... ... .. -. . 1 00 ·o v ---.. -.. ·- . ' \ ... ! I . ' . ; . .. " t I ' •.· '. f" -• \. _.. ~--' ' '-., ·-. . : . -~ ' .. : I ~L ·~9?-;,r ------ \ I ... ' ·" I I ! I I • \-\ I ,'\ '·" -:::. ~~ ' _.., ----- .- .. ,' -- ----------.. 7\V' ·. ' •.· ( (1 • .,. " : : '\. ''t.,· '.:: ~ ' ~ \ -~. ~ .. ~ . r ._., I . ' . ·-' .• . I -V ·~'11 " . O~c;; . \ . ------- ...:..------- ' --· ·~ •> _, ~--- -. "" . Ill () -l . . () ~~ Vll . N r- N u~. j..\ 1 '· ' ' 0 r-. . -.t N .. r- ~ . jJl -r- -i 0 t(\ ~ {<' .0 I - > .. . . ; . . '4. I. \ -\i __ .__; l1 I 0 :t I 'II I I I . ' I I I I _, ¢) ~ IV\ . - N 0 Ill ti) 1 Ill to .. ·. .. 0 0 -~ ~ ) .• 0 ... 0 ..,-...t . 0 1 Q D 4 N 0 ._, () \) f · I \ \ ( \ : l i j I I . • ! !-I .! ,'"\ rj, =:_ , I . .. r (, . ,,. .. ' \. .- ' t .. ·.:'~ .l• -:. ) ··' . r ~· i . ·.· ' -· . ( ' ' .• _I ... ' ,o 'LG'i: -. rtl . (j) N r- N -i(\ :0 _j -r- N OJ ti' ~ . 0 r-. v (\J r-., ~ ·. . I ./ . I II .. . - N 0 If) I() 2 .. • • • .. . r""" Allj) • • ; -~r-rnt-1·-.. "A l/I. "t 'If N\ . Cl . • 0 1~~~~-: . J £l"' t-.iN 1. ~!~ .~ ~ \}~··.· . 3 uJ . • . 01 t '? . . ~o - .. 0 !Jl -N "' 0 • Ill d) ~ . - ()I J \ l ~- 0 _J .o . \.) • VNU.ANCE APPIJlC/\TION GNlFIELIJ COUN'l'Y ZONING BO/\llD OF ADJUSTMENT PUrsuant to Section' 9.05 of the Garfield county Zoning Resolution _,_6_!a-f.-.-;pr-e'-1..,.d.,-L_/u_.'f's_To.'---t:=_L.....,.....111.~'ar-k_e_f-'-, -~---'~'---· --"-( t)W._vi0 ___ · -_A;...oey.;_:_f V-:;...__/,_Wi_/_· ,,...)~ (applicant/owners name) request(s) Resolution a variance to Section 5·01. Dr concerning----------------to permit of the Garfield county Zoning in the zone district. --------------------------·------ SUBMI'.l'I'l\L RE)QUIREMENTS: • A. Sketch nap: showing all improvements on the site, building sizes, locations, setbacks, and access points. v B. vC. vD. v E. Vicinity map: showing general geographic location. Legal description of site -Copy of Deed of CMnership. Practical description of site -including address. Names and addresses of property owners adjacent to (available through the Assessor's office) 3;is1-r HN'/ fR~·zi/,Stlf,catt%, or within 200 ft. of the site v F. Where applicable: descriptions of domestic water source, utility facilities. sewage disposal, and other v' G. Plans and specifications for the proposal. , II •. Narrative explainillg why the variance is being requested. I. It should be demonstrated by the above information and statements that, • ... where by reason of exceptional narrowness, sl1allowness or sh<~ of the specific piece of properly at the time of enactment of tins Resolution, or by reason of exceptional topographic condition of such piece of property, or other extraordinary and exceptional situation or condition of such piece of property, the strict applicatlon 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): '.I.hat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): '!\lat 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; 9.05.03 (3): '.I.hat the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of gene'ral conditions in the district, and cannot be practically corrected; K. A(\250 fee must be submitted with the application. PROCEDUHAL HE)QUIREMENTS: l. Submit applications to the Garfield county Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agenda.· Regular meeting of the Zoning Board of Adjustment scheduled on the fourth '.Lhursday of each month. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section 9.05.04. (1) 4. Notice by nailing (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) '.l\Je above and attached information is correct and accurate to the best of my knowledge. sign -applicant and owner APPLICANT: 6wr/L!cl uUhiii Ck.. /hM/cd, FfioITio: 3o5-J7&-2 oo& MAILING ADDRESS: /!o· &x ~CJ, J;'/f-, c!.IJ. ftr.,,52._ -~~-----~---~~----------~ OWNER: p f/Yfth /o --f'r-PHONE J'71.P~ ,2oo{p fif ilifferent from above) MAILING ADDHESS: ?'Cl ;;}zir 21, J·11. w· ?1&52_ • November 7, 1994 Mr. Porter Toft Garfield Livestock Market,Inc. P.O. Box 29 Silt, CO 81652 RE: Variance Request Dear Mr. Toft: GARFIELD COUNTY BUILDING AND PLANNING • Your application for a Variance from Section 5.07 .07(7) regarding the placement of a sign on an adjacent property (Jon Julius's property, just east of the 30' access easement) has been scheduled for a public hearing before the Zoning Board of Adjustment on November28, 1994, at 7:00 p.m., in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested you or your authorized 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 directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified return-receipt to all property owners within 200 feet of your property no Jess than 5 days prior to the hearing. All mailings must be completed no later than October 15, 1993, 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. Si~ David H. Michaelson Planner DHM/sa Attachments 109 8TH STREET, SUITE 303 • 945-82121625-55711285-7972 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE TAKE NOTICE that Garfield Livestock Market, Inc. (Porter Toft) has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance from Section 5.07.07(7) of the Garfield County Sign Code in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: See Exhibit A Practical Description: Located approximately 1/2 mile west of the Town of Silt, north of Highway 6 & 24. Said Variance application is to allow for a sign on an adjacent 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 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 28th day of November, 1994, at the hour of 7:00 .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 I ·" .'I ., I !·: ( -• 0 • eooK0880 r~cr 856 / EXHIBIT 11 A11 A Parcel of land situate in the NWl/4 of the NEl/4 Section 9 and the SWl/4 of the SEl/4 section 4, all in Township 6 south, Range 92 west of the 6th Principal Meridian described as follows: Beginning at a point on the west line of said NWl/4 of the NEl/4 whence the Section.corner co!DlDon to Sections 3, 4, 9 and 10 located at the intersection of 1st street and Grand Avenue in the Town of Silt, Colorado bears North 00°32'42 11 West 163.48 feet and North 89°14'35 11 East 2637.29 feet; thence North 00°32'42 11 West 163.48 feet; thence along the West line of said SWl/4 of the SEl/4 North 00°31'52" West 286.78 feet; thence leaving said West line and alongside a fence South 86°47'15 11 East 728.92 feet; thence leaving said fence South 450.00 feet; thence North 86°47'15 11 West 724.70 feet to the POINT OF BEGINNING. TOGETHER WITH an easement for ingress and egress purposes, being 30 feet in width in which the centerline is described as follows: Beginning at a point on the northerly right of way of u. and 24, whence the Southeast Corner of section 4 77°33'18 11 East 2329.48 feet; thence North 04°39'00 11 East to the POINT OF TERMINATION. s. Highway 6 bears North 283.10 feet AND ALSO TOGETHER WITH a 30 foot access easement known as "The Frontella, Julius Easement" described as follows: A strip of land 30 feet in width situated in Parcel "A", FAZZI-JULIUS EXEMPTION, recorded November 12, 1985 as Reception No. 366472, The perimeter being more particularly described as follows: Beginning at the Northwest Corner of said Parcel "A", Thence along the North line of said Parcel 11 A11 South 86°47'15" East, 369.28 Feet; Thence leaving said North Line and along the West line of a 30 Foot wide access easement, The centerline of which is described in Document No. 363067 of the records of the Garfield county Clerk and Recorder South 04°39'00 11 West, 50.52 feet to the Beginning of a curve to the left, having a radius of 20.00 feet; Thence leaving said west line and along the arc of said curve 31.92. feet (Chord bears North 41°04'07 11 West, 28.64 feet); Thence North 86°47'15" West, 346.08 feet to a point on the West line of Said Parcel "A 11 ; Thence along the West line of said Parcel "A" North 00°32'42" west, 30.06 feet to the Point of Beginning. TOGETHER WITH the following described water and watr rights; title to which is NOT included in the warranties contained herein: .49 shares in the Cactus Valley Ditch, . one-third interest in the West Divide Water allotment contract No. 851001-GFJ and well permit no. 133069. ' e .. - - - - - - - - - - - - - - - - - - 454618 Reception ~·1•---.-:=.----­ Recorded a . /'.PL o'clock ------·-----------------·-------- THIS DEED, Made this 1st day of November 19 93, between GARFIELD LIVESTOCK, INC. a corporation duly organized and existing under and by virtue of the laws of oft he first part, and Recorder's St~p NOV 0 3 1993 I the State of Colorado PORTER M. TOFT GARFIELD State Doc. Fee $ ~;. f;' I whose legal address is p. O. Box 551 Kremmling, CO 80459 of the County of Garfield and State of of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of ----Ten dollars and other good and valuable considration--------DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said part y of the second part, his heirs and assigns forever, all of the following described lot or parcef of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also known as street and number 32597 Highway 6 & 24 Silt, CO 81652 TOGETHER with all and singular the hereditamentS and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second part, his heirs and assigns forever. And the said Garfield Livestock, Inc. party of the first part, for itself, and its successor11, does covenant, grant, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforeSaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; except general taxes and assessments for the year 1993 and subsequent years, U, s. Patent reservations, easements and rights of way and restrictions, of record or of an apparent nature, and a Deed of Trust recorded in Book 806 at Page 288, the indebtedness evidenced thereby the Grantee has agreed to assume and pay and the above bargained premises in the quiet and peaceable possession of the said part y of the second part his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Atte · STATE OF COLORADO, ______ Countyof Garfield The foregoing instrument was acknowJedged before me this 1 St day of 19 93 , by Paul A. Bernklau as Carla R. Bernklau as GARFIELD LIVESTOCK, INC. My notarial commission expires 04-2 9-94 Wit hand and officials EED-Corporallon.-Bradford Publishina, 5825 W. 6th Ave., La._twood, C080214-(30l) 233-6900 President and Secretary of a corporation. Notary p~bt[;.-- \1 • • 800K0880 P~Gf 856 EXHIBIT "A" A Parcel of land situate in the NWl/4 of the NEl/4 Section 9 and the SWl/4 of the SEl/4 Section 4, all in Township 6 South, Range 92 West of the 6th Principal Meridian described as follows: Beginning at a point on the West line of said NWl/4 of the NEl/4 whence the Section Corner common to Sections 3, 4, 9 and 10 located at the intersection of 1st Street and Grand Avenue in the Town of Silt, Colorado bears North 00°32 1 42 11 West 163.48 feet and North 89°14 1 35 11 East 2637.29 feet; thence North 00°32'42 11 West 163.48 feet; thence along the West line of said SWl/4 of the SEl/4 North 00°31'52 11 West 286.78 feet; thence leaving said West line and alongside a fence South 86°47 1 15 11 East 728.92 feet; thence leaving said fence South 450.00 feet; thence North 86°47 1 15 11 West 724.70 feet to the POINT OF BEGINNING. TOGETHER WITH an easement for ingress and egress purposes, being 30 feet in width in which the centerline is described as follows: Beginning at a point on the northerly right of way of u. and 24, whence the Southeast Corner of Section 4 77°33'18 11 East 2329.48 feet; thence North 04°39'00 11 East to the POINT OF TERMINATION. s. Highway 6 bears North 283.10 feet AND ALSO TOGETHER WITH a 30 foot access easement known as "The Frontella, Julius Easement" described as follows: A strip of land 30 feet in width situated in Parcel "A", FAZZI-JULIUS EXEMPTION, recorded November 12, 1985 as Reception No. 366472, The perimeter being more particularly described as follows: Beginning at the Northwest Corner of said Parcel "A", Thence along the North line of said Parcel "A" South 86°47'15" East, 369.28 Feet; Thence leaving said North Line and along the West line of a 30 Foot wide access easement, The centerline of which is described in Document No. 363067 of the records of the Garfield County Clerk and Recorder South 04°39'00" West, 50.52 feet to the Beginning of a curve to the left, having a radius of 20.00 feet; Thence leaving said West line and along the arc of said curve 31.92' feet (Chord bears North 41°04'07" West, 28.64 feet); Thence North 86°47'15" West, 346.08 feet to a point on the West line of said Parcel "A"; Thence along the West line of said Parcel "A" North 00°32'42 11 West, 30.06 feet to the Point of Beginning. TOGETHER WITH the following described water and watr rights; title to which is NOT included in the warranties contained herein: .49 shares in the Cactus Valley Ditch, one-third interest in the West Divide Water allotment Contract No. 851001-GFJ and well permit no. 133069. A. B. C. D. E. • • See Attached See Attached See Attached 32597 Hwy 6 & 24 Jon Julius C/O Frontella Julius Inc. 32597 Hwy 6 & 24 Silt, Colorado 81652 876-5580 (adjacent to our property and site on which we want to put the sign) The following are property owners adjacent to the site we would like to put our sign. Denver Rio Grand Railroad P.O. Box 5482 Denver, Colorado 80217 Homer Johnson 2430 Tigertail Drive Lake Havasu City, Arizona 86403 State of Colorado, Highway Department 4201 E. Ark Ave. Denver, Colorado 80222 Garfield Livestock Market, Inc. P.O. Box 29 Silt, Colorado 81652 F. Garfield Livestock's water source is a private well. Garfield Livestock's sewage disposal is thru a septic tank and leach field on the property. Garfield Livestock uses Public Service for their utilities. G. We plan to put a redwood sign on Jon Julius's property just east of our 30 foot access easement (see the attached drawing). The sign has already been made. We designed it to not be offensive to neighbors or traffic on the road but rather as an aid in directing customers to our livestock auction barn and restaurant. The sign is carved and painted on both sides so it can be seen by traffic going both east and west. We feel it is a very attractive sign that will be an asset to the community. . . • • • H. We are requesting the variance because of Garfield County Sign Codes 5.07.07 (8) which says that only one sign is allowed per lot We currently have the words Garfield Livestock Market painted across the top portion of our building. Dave Michaelson of Garfield County Planning advised us that this painted sign counted as our one allotted sign even though it is not on the highway or near our entrance. Our property is approximately 400 feet from the highway and because of the building on the property in front of us the sign painted on our building is not visible from the highway. We feel we need a sign along the highway to identify the location of our business because if any normal sized automobile heading west on HWY 6 & 24 misses our entrance it would have to go atleast 3/4 of a mile to find an acceptable spot to turn around. If a livestock hauling tractor/trailer missed our entrance heading west they would potentially have to go quit far to find an acceptable turn around. We have owned and operated this business since 11/1/93 and still find that customers have trouble finding our business. ~cordeJ at•., .. ~-----o'clock ---M., -------'''""----------- Reception No.-----------------------------Recorder. I 1- 1 WARRANTY DEED II 11 I i II II I 1'HIS ot:t:u, f\.tadc thi11 ,~ day of November 19 93. hctw.:cn Gilbert Frontella and Jon E, Julius of the County of Garfield State of Colorado, l!runtor. and GARFIELD LIVESTOCK, INC,, a corporulion org•nizcd and cxbting u11J1.•r and by virluc of the laws of the Stale of Colorado . {:r•ntee: whose le~al ac.Jdrc11s is \\'ITNESSETll 1 Thul the gruntor, for and in consideration of the i.uin of ---Two Thousand Five Hundred and no/100-------~-OOLLARS. thL' rci.:cipl anJ ,.ufliciency tif which is hereby acknowledged, has grunted, barguincd, sold 11nd conveyed, and by these prci;cnt" doc" grunt, hargoiin, i.cll, L001w1.·y ;mJ i.:onlirm, unto llu.• grantL'C, its sui.:cessor" oinJ 1L'i!<>igns 1(1rever. <tll of the real properly, togdhcr wilh i1111iruvc111L'llts. if an)', "itu;1te, lying anJ being in the County of Garfield and State ofColon1do, dcM.:ribcJ ll.'~ followi.: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also known hy i.trecl and nuuibcr a.~: 1'(>GET11l·:K wilh all and singular thL' hcn.•Jitanwnt11 an<l appurtenances thereunlo bclongin{! vr in unywisc ilppertainin@.an<l thc rcvcri.ion anJ revcr.'lions. rc1naindcr and rcmain<lcrt., rents, i!<>suci. and prolib thereof, and ull the e11.1atc, righl, title, intcrci.t, dai1n und dc1nan<l whatsl)(.."Yer of the grantor. ci1hcr in law or equity, of, in and to the above bargaine<l prcmi!ICs, with the herc<liloiments and 11ppurtcnanccs. 1'0 llAVE ANO TO HOl.D the said prcnii~!i above bargoiined and described. with the appurtenances.unto the ~ran1cc, ib succc11sors ;111J w.signs forever. And the grantor, for himself, his heirs an<l personal representatives, docs covenant, gn1n1, bargain und ugrce tu i111J wi1h the grantee, ib sucecM.or. and a.~signs, that at the time of the enscaling and delivery of these prci.cnb, he is well seitcd of the premii.cs above conveyed. has good, "ure, pcrlCct, absolute and indefeasible e11lillC of inheritance, in law, in fee simple, and h~ soud right, full power anJ lawful uulhority to grunt, bargain, sell ilnd L'onvcy the !.aim.• i11111anncr Knd form as aforesaid, and thal the i.amc are free and clear from ull IOnncr and other grant.'!, hargains, !oalc1i, lie1111, laxcs, ai.i.ei.s1ncnti., enL·u111br<1nL·es an<l rcMriclions of whatever kind or natul\.' soever, exet.!pt general taxes and assessments for the year 1993 and subsequent years, U, s. Patent reservations, easements, rights of way and restirctions, of record STATE OF COLORADO, County of Garfield '(f6rl E, Julius / ~ountyof • this I Garfield dayuf November -----------------·-------------·-·--------- .19 93 No. 952. Re\I. l·84. WAkRAN'f\' DEW (lo CerporMion) For Ph™ ,,;;r•phk AMlrd UrMlford PubliWin1 d25 W. 6th Ave., Lakewood, CO 80214 -(30J) 211-6900 • • EXHIBIT "A" A 30 FOOT ACCESS EASEMENT KNOWN AS "THE FRONTELLA, JULIUS EASEMENT" DESCRIBED AS FOLLOWS: A STRIP OF LAND 30 FEET IN WIDTH SITUATED IN PARCEL "A", FAZZI-JULIUS EXEMPTION, RECORDED NOVEMBER 12, 1985 AS RECEPTION NO. 366472, THE PERIMETER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", THENCE' ALONG THE NORTH LINE OF SAID PARCEL "A" SOUTH 86°47'15 11 EAST, 369.28 FEET; THENCE LEAVING SAID NORTH LINE ANO ALONG THE WEST LINE OF A 30 FOOT WIDE ACCESS EASEMENT, THE CENTERLINE OF WHICH IS DESCRIBED IN DOCUMENT NO. 363067 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER SOUTH 04°39'00 11 WEST, 50.52 FHET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET; THENCE LEAVING SAID WEST LINE AND ALONG THE ARC OF SAID CURVE 31.92 FEET (CHORD BEARS NORTH 41°04'07 11 WEST, 28.64 FEET); THENCE NORTH 86°47'15" WEST, 346.08 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL "A"; THENCE ALONG THE WEST LINE OF SAID PARCEL "A" NORTH 00°32'42 11 WEST, 30.06 FEET TO THE POINT OF BEGINNING. 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