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Home My WebLink About1.0 Applicationt.~t <ileiliw.>f'f> 1:lhe moa'!O! 2014 Grand Ave. •P.O. Box 550 •Glenwood Springs, CO 81601 Date Account# 0 Display Ad. 0 PMT AOOf. D Classified Ad ct Legal D Photo D Composing ·. Dotb~~dJ. DC~~AdJ. D Subscription D Misc./ ___ _ Date Dimensions or Description Rate Net. Amt. q-10 '1> ~ \ ~.,,.._ :> ,(oc) '-! q z.;:. ~ •. ~"';) 1.):1..t'lc>."'Le i 1~q\1D& Total '-/ q 2.~ For P"'f'Syln11011~rs0h/y oa-. imtjjj:1·x·A·:~ ? ··· Ji:D Q~h 0otwJokn Q~C Clerk ' -' filal:1aa - -----,..'1- =~~-=--:..~= :·-=: .......... ., ...... ~Zl'dni~---...... ~ ................ ,..,. -· .. """"''"--'""""""'.... ~I _,--_ _,_ --~;;_)c~.-,. ,'o _ - _ " ·-,,.+ -..... . i.. .. -.-i:lSW£ R;G•::•ot•Mifl,... .. -., . ·---~-.. .1billhd.-.&l:ll -........... -f; ...... 7 __ , ______ , ..... s.rwt: -m.sttMt1111V,.=e:-•-'-*•G2"94'E._1'211110N1bN L-l2S ......... w.~.' z... 4'1=a.l.d•1dtltllllll9 '--. •. . ............... "r; r,. or~';,; · .-{,:·~·p~ ,-~:~_"'.-:;.~ ;o:.: v:t• ~--· 4 ._--;-.-., ~::; Allllii&•ir~~$)>'_;; 1f c•' ) .. 2, .. fd'l.~1f'r2~,,.::4 :.==i-=:s"".::"'·-:'"''"'7 . ~~=·~~~1:1it ........ "' .. ~---·--Cllpbnti'I . .......... O:brdllllfU.th . ,,,.., ..... -N..,..,,,., w. """lolhibiil ~ .. tlllld \d 35; ... N. 02'54'00". E. 31!9.74 llenct!i87'0nrE. 223.40"9t'*aS.118'2B'11" w. 31!1_ __ ............. ., ..... ao..tybaf-llldld .... ..... _ . .,,.,.... . . .......,_""'........ ·--.. a...::;,,. ,-..cinh&lt"lldtd...,R , -l " -., ' ---,, .Siild.-all"*-•10bllln»h ...... ,..a.t.. "~d2telth .... d .. ~ ... d·~:d~~ $ a 7 I Jtir~---htwllldt> .-es*'._ ...... P-... or 911pp111t. 1,_ Clinlt -----=.:r-"-":::: __ .. ,,,.,,_.. .. ... ~lie_ .. ____ _ hdlldllng-...."pllor-.,,,fle,....bh-'-' ................. cA:sd .. ~ '~.,.., .. to981ta.t. Sult303, Gll'lleld ___ "'""""_ .. _ .. ........ _____ .. . ..... .._._ ...... _;.._ ... .. .. .,~ t98l ~htQl"ofTjJOp.m.lt .. dt9l:ll' _ T A -Gmlllda..,~ Mt301.a~~~~~ _~I ==~-:~:~~,''_--~~.---.~ o:' -:: ......... "_IJi_""'-•; PROOF OF "1Bl..ICATION GLENWOOD POST STATE OF COLORADO · COUNTY OF GARFI~. } ss. 2 9 4 5 9 I. .............. -.DaY.i.d ... Er..e.v. .............. -...................................... do solemnly swear that i am ............... ~M.a.9.i.D.9. .. fal.i.to.r_......................... of the GLENW~~POST; that the same is a newspaper printed, in whole or in part. d published in the County of Garfield, State of Colo- rado and a general circulation therein; that said newspaper bas been publi continuously and·: uninterruptedly in said County of Garfield for a period of more than fifty .. two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper bas been admitted to the United States mails as se<:Ond-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 laws of the State of Colorado. That the annexed legal notice or advertisement was publlshed in the regular and entire .issue of every number of said newspaper for the J1"<iod of ... 1..-... c:omecutive insertions; and that the first pub.. licabOD of said notice was in the issue of said newspaper dated ...S.eJl .. t.emb.a.10 ....... .A.D., 19 ..... !lE., and the last publication of said notice was in the issue of said newspaper daled S..e.P .. t.~ .. 10 ... ...A.D .. 98 19 ... _._ In wimess whereof I have hereunto set my hand this .....l..Q.tb._ day ot __ S.£.P_t~.m!>~r~u. J9~0 a .... ,~~-· -· .. -·----·-· ··---·:. ·-·---····-·· .. ·--·--General Manager I Publisher 2014 Grand A-.e~ Glenwood $prinp, 00. 81601 CERTIFICATE OF MAILING A copy of the PUBLIC NOTICE was sent by United States Mail, first class postage prepaid, certified and receipt requested to the Property ow:.<Js w. ithin 200 feet of the Slattery Property on the J'-f4-day of~a4azA'•b) , 1998. Department of Transportation Resident Engineer 202 Centennial Street Glenwood Springs, CO 81601 Los Amigos 2929 County Road 114 Glenwood Springs, CO 81601 Chi Hoa Luu and Hongtial Luu 6416 Highway 82 Glenwood Springs, CO 81601 Donald DeYoung 6478 Highway 82 Glenwood Springs, CO 81601 Leonard Langston and Mindy Langston 6500 Highway 82 Glenwood Springs, CO 81601 .. PUBLIC NOTICE TAKE NOTICE that William and Judith Slattery Trust have applied to the zoning Board of Adj.ustment, Garfield county, State of Colorado, to grant a variance to 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: A tract of land situated in Lots 32 and 35, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian described as follows: Beginning at a point on the South line of said Lot 35 whence the Northwest Corner of Lot 9, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian bears N. 87°06' W. 443.92 feet; thence s. 87°06' E. 113.52 feet along the South line of said Lot 35; thence N. 02°54' E. 772. 96 feet to the North line of said Lot 32; thence s. 87°24' W. 114. 04 feet along the North line of said Lot 32; thence S. 02°54' w. 762.03 feet to the point of beginning, containing 2.00 acres, more or less. EXCEPTING the following described tract of land, ~o-wit: A tract or parcel of land No. 19-A Rev. of Colorado Department of Highway's Project No. S 0130(8) containing 0. 042 acres, more or less, in Lot 35 of Section 1, Township 7 South, Range 89 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the east property line from which the SE corner of Lot 35, Section 1, T. 7 S., R. 89 W., bears S. 87°03'30' E. a distance of 384.5 feet; 1. Thence N. 57°30' W. a distance of 92.7 feet to the west property line; 2. Thence s. 02°56'30" w. a distance of 45.8 feet to the South line of Lot 35, Section 1; 3. Thence S. 87°03'30' E. along the South line of Lot 35 a distance of 80.7 feet, more or less, to the point of beginning. AND TOGETHER WITH: A parcel of land situated in Lots 32 and 35 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Northerly of the Southerly line of said Lot 35, said parcel of land is described as follows: Beginning at a point on the Southerly line of said Lot 35 whence an iron post with a brass cap found in place and properly marked for the Northwest Corner of said Lot 9 in Section 1 bears: N. 87°06'00" W. 637.64 feet; thence N. 87 °06' 00" w. 80. 20 feet along the Southerly line of said Lot 35; thence N. 02°54'00" E. 328.74 feet; thence S. 87°06'00" E. 223.40 feet; thence S. 26°26'16" W. 358.58 feet, more or less to a point on the Southerly line of said Lot 35, the point of beginning. Practical Description: 6476 Hwy 82, Apx. 6 Miles south of Glenwood Springs, on the east side of Hwy. 82. Said variance is to allow a 10 foot fence in the side yard setback, a variance of 2 feet in excess of the standard height of 8 feet. All persons affected by the proposed variance are invited to appear and state their views, protests or support. If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variance. This variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the applicaiton has been set for the 28th day of September, 1998, 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 ------------------------------------------------------------------------------------- ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------- - - - - - - - - - - - - - - - - - - - . ,......_ UNITED STATES POSTAL SERVICE ~(~~ ~i11 I ::.::: Offlclal Business r 1v11 -~----,-ENAL TY FOR.MIVATE'"'- ' /.,.,..-, E-TOAVOID~Nl •. · ) '--' OF POSTAQE, $300 Print your name, address and ZIP Code here • • William Slattery 5134 County Road 154 Glenwood Springs, CO 81601 """-"• '.g E DER: •1 • Complete items 1 and/or 2 for additional services. • Print your name end address on the reverse of this form so that we can return this cerd to you. I • Complete items 3, and 4a & b. I also wish to receive the following services (for an extra lee): 1. 0 Addressee's Address j I • Attach this form to the front of the meltpfece, or on the beck if space does not permit. I • Write ''ReturnReceipt Requested'' on the maHplece below the article number. 1" • The Return Receipt will show to whom the article was delivered and the date g delivered. b 3. Article Addressed to: Donald DeYoung E 478 Highway 82 8Glenwood Springs, CO 81601 2. 0 Restricted Delivery Consult ostmaster for fee. 4a. Article Number Z 066 749 836 E 1--c---~~~~~~-i 4b. Service Type a: D Registered D Insured Gf Certified 0 COD J!' 0 Express Mall D Return Receipt for i f--=-~--,."'""',_---'M!!!2!.rlillll'-'n"'i'"'---I< 7. Date of Delivery ~ i I -!-~S~igin~a7tu-r7e~:U':-:-:-::-:,--~~~~~~~~~t-;;S~.-;c~ l ~l-n1"'v""11""r:-:e""q-ue:-:s""te,-:;d ! 1 PS Form , December 1991 1tll.8. GPO: 1"3-352·714 DOMESTIC RETURN RECEIPT '.ii ENDER: "I • Complete Items 1 and/or 2 for additional services. I also wish to receive the I • Complete Items 3, end 4a & b. following services (for en extrs j • Print your name and address on the reverse of this form so that we cen fee): .i return this card to you. • Attach this form to the front of the mellpiece, or on the beck if space 1. D Addressee's Address does not permit. I • Write ''Return Receipt ReQuested'' on the mallplece below the article number. 2. D Restricted Delivery I 't= • The Return Receipt will show to whom the article was delivered and the date & delivered. Consult ostmaster for fee. I 3. Article Addressed to: 4e. Anlcle Number Department of Transportation z o 6 749 a 3 ~ Resident Engineer r-4""b"'.~s='e~r-"'v;"'ce'-=T~yp~e~~~~----i ~ 202 Centennial Street D Registered D Insured ::!Glenwood Springs, CO 81601 &:lCertified DCOD .f ~ D Express Mail ::. ~ 7. Date of Deliverb 1 O '( i ~ I ,,--,,,f-\fT'i,.:.f:if;-.,<""'-:--<:7""~~~~~~~~~--J~B'.-,A~d~d0re-s~s~e~e~·.-A~d~dir~e~ss'--;:(O'n~l0y~if;-re~q~u-e~•t~e-;dl> and fee is paid) ~-----l 6. Signature (Agent) ! PS Form , December 1 991 'RU.S. GPO: 1913-352·714 DOMESTIC RETURN RECEIPT JPS Form , December 1991 .. u.s.oP0,1•••-••H" DOMESTIC RETURN RECEIPT Signature (A ! PS Form , December 1991 I also wish to receive the following services (for an extra 1· fee): · 1. D Addressee's Address 2. D Restricted Delivery Consult ostmaster for fee. 4a. Article Number I 1-c-c-Z-=-0~6_6-=-7_4_9~8_3_7~~~~j 4b. Service Type 0 Registered D Insured Oil Certified 0 COD .f 0 Express Meil O Return Receipt for :11 f-=-,,--,--:-:-;,,-,,.---'M'""r"c"'h!2!.!nl!di""'---" 7. Dete•it"b 1998 i 8. Addressee's Address (Only if requested 1 and fee is paid) ~ 'l\:U.S. GPO: 1"3-352·714 DOMESTIC RETURN RECEIPT '.ii END R: I • Complete Items 1 and/or 2 for additional services. I • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the maltplece, or on the back If space does not permit. .,i • Write "Return Receipt Requested" on the mallpiece below the article number. • The Return Receipt will show to whom tile article was delivered end the date S delivered. I also wish to receive the following services (for en extra j feel: i:: 1. D Addressee's Address ~ 2. D Restricted Delivery Consult ostmaster for fee. 4a. Article Number l t 3. Article Addressed to: hi Hoa Luu and Hongtial Luu Eb416 Highway 82 066 749 835 a ~~-=--~----4b. Service Type _ z !!Glenwood Springs, CO 81601 D Registered D Insured 0 Certified 0 COD .l!' D Express Mall 0 Return Receipt for ! Merchandi e g ~ ~1-.0-.1-e~~,,-l-,l~~~-j ; ~6-.-S~i-g-na_t_u-re-(A_d_d_r_e-ss_e_e_l __________ _,__8_._A_d_d_r_es_s_e_e_'s_A_d_d-ress(OLn~ly-i~f-re_q_u_e_s-te""""d'( 6. Sign end fee is paid) ~ JPS Form -trU.S. QpO: 1"3-362·714 DOMESTIC RETURN RECEIPT GARFIELD COUNTY· Building and Planning Department William R. Slattery 5134 County Road 154 Glenwood Springs, CO 81601 Dear Mr. Slattery: November 2, 1999 At the October 26, 1998 Garfield County Board of Adjustments Meeting, the Board Members approved your request for a variance. However, the approval was dependent upon comparable sound level readings being taken both before and after the fence is installed. As of this date, I do not believe we have seen any reports to this affect. The BOA Members are requesting that information for their review. If you have any questions, please feel free to call our office. cc: Mark Bean BOA Members 109 8th Street, Suite 303 945-8212/285-7972 s~ - Cathi Eding~ Planning Tech. Glenwood Springs, Colorado 81601 ··-·i.·· ~ 3/31/99at1:04 PM LEONARD LANGSTON (970) 928-7327 • • I March 31, 1999 William R. Slattery Leonard Langston 6500 IDGHW AY 82 GLENWOOD SPRINGS, CO 81601 OFFICE 970-928-9584 /FAX 970-928-7327 % Modem Cabinet Shop 5134 County Rd 154 Glenwood Springs, Co 81601 Re: Sound Testing Dear Bill: Per our telecon Tuesday March 30, 1999 you will be able to take sound readings at my residence. I appreciate the advanced notice this time, and as I have stated I am normally in my office at home during the entire day. Ifl leave my office the phone above is call forwarded to my cell phone. Although I will be home to avoid the prior incident with my wife exiting the shower to strangers standing by our bedroom sliding door, and my mother-in-law being disturbed by strangers walking around. I do request that you call, and upon arriving knock on the door. If you have any questions or change in plans please notify me at the above! Cordially, .£eonarb <X3 • .;t!an9.ston Leonard B. Langston cc: Mark Bean -Garfield Planning & Zoning Slaltel)'3.3 l.99.wps Page: 1 --i~odern •• l ~CABINET SHOP Of glenwood aprlnga, Inc. (Q70) g45·5359 5134 RD. 154 GLENWOOD SPRINGS, COLO. 81601 ---..,---------FAX_:.( 9 _:. 7 0)- 945 _· 2711 • Wm. Slattery • 32 I) ' ..... ,; · -1' ·,.· o; :·;·' •• ·:···· ' . ~ ~: .· ·' • .. _. .. .. .. LOT (Sec. I) .. :~; .. ~~.·:-. '• "'· (t) • s 0/•/4 '00")>/ 96.70' . .. · . ,•';', . ·:.¥. .· .. , .. . :·,:,;~"}~-·,' .. _J /rJ-t;. '.. . ti' . ~~ ~.;(· ... .'- .. ~--:--· ~;t:-f . .. ··' .. • • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section <i.05 of the Garfield County Zoning Resolution William R. Slattery Revocable Trust Resolution Judi th J. Slattery Revocable Trust (applicant/owners name) , request(s) a variance to Section 5. 05. 03 ( 8) of the Garfield County Zoning Resolution concerning a vari a nee __________ to permit a 10 feet high fence in the Residentj aJ zone district. SUBMITIAL REQUIREMENTS· SEE NARRATIVE ATTACHED A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks and access points. B. Vicinity map: showing general geographic location. C. Legal description of site -Copy of Deed of Ownership. D. Practical description of site -including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available at 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. It should be demonstrated by the above information and statements that, " ... where by reason of exceptional narrowness, shallowness or .shaJle of the specific piece of property at the time of enactment ofthis Resolution, or by reason of exceptional topoifllphjc 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 authorize a variance provided: 9 05 03 (!): That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9 05 03 (2): That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05 03 (3): That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. PROCEDURAL REQJJIREMENTS· 1. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m .. 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 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 9.04.04 (2)) The above and attached information is correct and accurate to the best of my knowledge . .... r.(signatures of applicant/ William R. Slattery Revocable Trust APPLICANT: Judith J. Slattery Reyocabl e Trust PHONE: _ _,q"'4_,_'-=-''-~'""'"'q------- MAILING ADDRESS: 5134 Road 154, Glenwood Springs, co 81601 OWNER: same HONE: ___ s=a .. m=e~------- MAILING ADDRESS: same ---------------------------~ • • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT NARRATIVE OF SUBMITTAL REQUIREMENTS Applicants, William R. Slattery Revocable Trust and Slattery Revocable Trust , hereby comply with the requirements of the Variance Application as follows: Judith J. submittal A. A sketch map showing the site improvements and the proposed fence locations is attached as Exhibit "A". B. A vicinity map showing the geographic location of the site is attached as Exhibit "B". C. A copy of the deed of ownership of the property, containing the legal description of the site, is attached as Exhibit "C". D. A practical description of the site is as follows: The property is situated on the Northeast side of Highway 82, and fronts on Highway 82, approximatley one quarter of a mile northwest of the intersection of Highway 82 and the Colorado Mountain College turnoff. The street address is: 6476 Highway 82, Glenwood Springs, Colorado 81601. E. The names and addresses of the adjacent property owners to, or within 200 feet of, the site is attached as Exhibit "E". F. Descriptions of domestic water sources, sewage disposal and other utilities have no applicability to a variance concerning the height of a fence. G. Plans and specifications for the proposal are attached as Exhibit "G". H. The variance is being requested to mitigate road noise and visibility from increasing traffic on Highway 82. I. Because of the exceptionally steep terrain on the applicants' lot, it is necessary that a portion of the fence be constructed to a height of ten feet to accomplish the purpose specified in the narrative explanation in paragraph "H", above. J. The Board of Adjustment because of all of the 9 . 0 5 . 0 3 ( 1 ) , ( 2 ) , and ( 3 ) Resolution. should authorize the variance reasons contained in Section of the Garfield County Zoning K. A check in the amount of $250. 00 is enclosed as the submittal fee necessary to accompany the application. • 32 I) 3. /6;u:.:t ' ... ,~), .' -~~i}~--.·~:·}·.~ ·~·~~',..,:·.:.'•1...,...-.. _ _, __ ~~t.:Sv+. '.·'''~ '!":t..·;: ' . i ~ ~:-~~~-'~· . . ~, . LOT (Sec. I) '.-"'· i··· .=!E~X~H.=I=:.B=-I=-T __ "A" • .. s 0/"/4'00"N 915.70' , . .-.•·. •', ·~ ' •: •.-.,. .. ·•.' ;)j;;,~,J~r ' ~ ......... ~1~ 2185-36 EXHIBIT ... • :rr..__JLli---~J76r __ • ....----T·---------;-3J:_f --------:\~;t.!ME...F ----='~--T. 7 S. 1 < .!-------~~ "' " "< J 1----------f~r-~.. ... 4-------~'o "' .. "' @) ;t=-------- 9 30 Lot 4 1.3'! A<. lO 0 I I') Ol I') N O> .~ c 'Ci ~ i " 6 7 ""' 0 I I') 31 Ol I') N • • EXHIBIT "C" 487564 B-963 P-917 01/12/96 11:48A PG 1 OF 2 REC OOC NOT MILDRED AISOORF GARFIELD COUNIY CLERK AND REOORDER 11.00 SPECIAL WARRANTY DEED WILLIAM R. SLATTERY and JUDITH J. SLATTERY, Grantors, for consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to WILLIAM R. SLATTERY REVOCABLE TRUST and JUDITH J. SLATTERY REVOCABLE TRUST, Grantees, whose legal address is 5134 Road 154, Glenwood Springs, Colorado, 81601, the following real property in the County of Garfield and State of Colorado, to wit: That parcel of land described on Exhibit "A" attached hereto and incorporation herein by this reference; with all its appurtenances, and warrants the title to the same against all persons claiming under the Grantors. NO DOCUMENTARY FEE REQUIRED: Transfer for estate planning purposes with consideration Jess than $500.00. SIGNED this /<2 day of January, 1996. STATE OF COLORADO ) ) SS COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 10th day of January, 1996, by William R. Slattery and Judith J. Slattery. WITNESS my hand and official seal. My commission expires: 8-17-96 ' . . , .... . . · .... ·\ ...... ···. ~ ,· .,. ' '. :. '. ;,l , • • 487564 B-963 P-918 01/12/96 11:48A PG 2 OF 2 · A tract of land situated in Lots 32 and 35, Section 1, Township 7 .. --~ J "'S,but)),1 Range 89 West of the Sixth Principal Meridian described as f -.foJ:loi;rs: Beginning at a point on the south line of said Lot 35 , whert<ia·'.·~he Northwest corner of Lo't 9, Section l, Township 7 South, ~ '.Range\ '8.9: West of the •Sixtll Principal Meridian bears N, 87°06' W, ~ .~44.:l;'.92; ~f!iet1 thence s. 87006' E, 113,52 feet along South line of ·' ,said~·r;ot~351 thence N. 2°54 1 E, 772,96 feet to the North line of :~ ~said .. t.ot;.:· 321 thence s, 01°24 1 W, 114, 04 feet along North line of { .. l!J.aJd"~tiot· 321 thence s, 2°54 1 w. 762,03 feet to the point of begin-): ning , .. 'containing 2, 00 acres, more or less. 1 . ······ ~ •.. · I,.• EXCEPTING the following descri~ tract of land, to-wit: ~ A tract or parcel of land No, 19-A Rev, of Colorado Department of Highways' Project No. S 0130(8) containing 0,042 acres, more or less, in Lot 35 of Section 1, Township 7 South, Range 89 West, cf the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as fol- lows: Beginning at a point on the east property line from which the SE corner of Lot 35, Section 1, T, 7 s., R, 89 W, 1 bears s. 87°03 1 30" E, a distance of 384,5 feetr ~ 1, 2, 3, Thence N, 57°30 1 W, a distance of 92,7 feet to the west property liner Thence s. 2°56 1 30" W, a distance of 45,8 feet to the south line of Lot JS, Section 11 Thence s. · e1°0J 1 30" E, along the south line of Lot 35 a distance of 80,7 feet, more or less, to the point of beginning, · ....... ~ ~ .. AND TOGETHER WITH: .:., '1t:".~"'·---~· ··:· '. . A parcel of land situated f.n .. Lot.s 32 and 35 of Section 1, Township 7 South, Range 89 West of the Sixth·Principal Meridian, lying Northerly of the Southerly line of said Lot 35, said parcel of land is described as follows: I.I.'• ~"° ',. . . . . .... l.'ll•.\' Beginning at a point on the''sciulh~riy line of said Lot 35 whence an iron post with a brass cap found in place'and"properly marked for the Northwest Corner of said Lot 9 in said Section I.'bears:.",.lf •. 87'06 1 00 11 W. 637.64 feet; thence N. 87'06'00" W. 80.20 .feet along.the Southerly line of said Lot 35; thence N. 02' 54 1 00" E. 328. 74 feet; ·:., ' :. . thence S. 87' 06 '00" E. 223.40 feet; · · . •\. thence S. 26' 26'16" W. 358.58 feet, more or less to a point on the Southerly line of said Lot 35 the point of beginning. . ... : . COUNTY OF GARF I ELO ,, '"·'· STATE OF COLORADO ' , ·w. l•! .• :1.: / , .•.. ;.. .... ·· EXHIBIT "A" ,•: ., i • • EXHIBIT "E" List of Property Owners within 200 feet of Slattery Property Department of Transportation Resident Engineer 202 Centennial Street Glenwood Springs, co 81601 Los Amigos 2929 county Road 114 Glenwood Springs, CO 81601 Chi Hoa Luu and Hongtial Luu 6416 Highway 82 Glenwood Springs, CO 81601 Donald DeYoung 6578 Highway 82 Glenwood Springs, CO 81601 Leonard Langston and Mindy Langston 6500 Highway 82 Glenwood Springs, CO 81601 EXHIBIT "G" • ~ ~ d\ - <::) <: ' I th ~ i..U -:s h -~ ;,.; / ~ ! ,J) .... CQ. ~ ' I ::-• ' ' ( -0 '/,._ ~ I ~ /, I ' I : ,' ~'I!· / , ' ,, .. ,\·: , .. ~;. I "-. / /, II / 1 Ii • • Garfield County Board of Adjustments Minutes for September 28, 1998 Meeting BOA Members Present Leo Jamrnaron Brad Jordan Harold Raymond Tom Morton Clarence Mullen p£,iL Staff Present Mark Bean, Director John Barbee, Senior Planner Jim Leuthauser, Assistant Cty. Atty. Roll call was taken and the following members were absent: Peter Cabrinha, Dan Weitzenkorn and Steven Boat. Tom Morton was chosen as an alternate voting member for this meeting. Minutes from the July 27 and August 24, 1998 Board of Adjustment meetings were reviewed. Clarence Mullen made a motion to accept the minutes into the record and Brad Jordan seconded. The first item on the agenda was a public hearing for a variance from section 3.03.06 (3)-side yard setback. Request is for consideration of a variance of 2'9" from the normal requirement of 1 O' on the side yard setback as identified in the R/IJSD zone district, of the Garfield County Zoning Resolution of 1978, as amended. The applicants are Fred and Dendy Heisel. Jim Leuthauser received the proof of publication and return receipt information. Jim also reviewed how names of neighbors were retrieved and that all neighbors within 200 ft. were notified. Jim felt notification appeared to be acceptable. This is a public hearing so applicants were sworn in by Leo Jammaron. John Barbee presented the following exhibits to be entered into the record: Exhibit A: Proof of publication Exhibit B: Return receipts Exhibit C: Letter from neighbor impacted by variance request Exhibit D: Letter from Westbank Mesa Subdivision Homeowners Association John presented the staff comments. The subject property is identified as lot 13 in the Westbank Ranch PUD, filing #4. The request for a variance of 2'9" is being submitted due to an inadvertent pour of the foundation in the setback area. The encroachment is due to the misidentification of a corner lot boundary stake. The applicant did, in all good faith, obtain a building permit and did seek I • • relief from the regulations, the mistake was in fact not the fault of the applicant. Staff is recommending Approval ofa variance, but to the minimum necessary and subject to the new construction being completed in compliance with a building permit issued by the Garfield County Building Department, and that all development shall conform with the site plan and application as submitted. Next the Board moved to the applicants presentation. Fred Heisel presented their comments. The first week in August is when error was discovered on survey. The Heisel's spoke to their neighboring owners, discussed problem with County staff, and tried to resolve this problem as quickly as possible. JU Chee and Mike Silvia are co-owners oflot that would be impacted. Neighbors are very supportive as well as the Homeowners Association. The Heisel's realize this is a serious mistake and they have tried to be square with everyone involved. Public comments were opened. Mr. Chee spoke on behalf of himself and Mike Silvia. They co-own Lot 14 and do not feel that 2& 112' will affect them in anyway. Mr. Chee stated that the Heisel's construction is an asset to their neighborhood. Both Mr. Chee and Mike Silvia feel the Board should approve this variance. No other public comments were given. Harold Raymond made a motion to close public comments and Tom Morton seconded. Brad Jordan questioned applicant concerning the neighbor behind the Heisel's was not on the noticing list. The Heisel's responded that when they found out who it belonged to they sent them a certified letter right away. No other discussion or questions from BOA members. Brad Jordan made a motion to approve variance and Clarence Mullen seconded. A vote was taken and motion passed 5 -0 in favor. Variance was granted. The next item on the agenda was a public hearing for a variance from Section 5.05.03 (8) -placement of a structure 2 feet in excess of the maximum height required by the Supplementary Setback Regulations. Applicant is The William and Judith Slattery Trust. Jim Leuthauser reviewed the Slattery notification with Bill Slattery. Bill obtained his list for mailout from the County Assessor's office on 9/8/98. Per Jim, all noticing appears to be adequate. The following exhibits were entered into the record: Exhibit A: Proof of Publication Exhibit B: Return Receipt Exhibit C: Letter from William McDowell in support of variance 2 .. • • Leo Jammaron swore in everyone who wanted to speak. John Barbee presented staff comments. The applicant is requesting a variance from the maximum height requirement for an accessory structure in the side yard setback area. The proposed variance would allow for the placement of a 10 foot fence on the side property line, adjacent to highway 82. The applicant has stated the proposed height is necessary due to the steep nature of the terrain of his lot. Staffs recommendation is approval of a variance, but to the minimum necessary and subject to the new construction being completed in compliance with a building permit issued by Garfield County Building Department, and that all development shall conform with the site plan and application as submitted. Applicants comments were presented by Bill Slattery. Fence on North and South sides of property. Bill is working with CDOT to get fence on service road. (fence to help with noise from Hwy. 82) Bill has planted trees to help cope with the noise. He purchased his property and built a house in I 963. Traffic and noise wasn't a problem back then. Public comments were opened next. Leonard Langston owns property adjacent to where the fence is. He designed his house to handle outside noise. He asks what kind of can of worms are we going to open if we allow this? He feels this doesn't fit the mood of the valley. Leonard suggests the use of a berm. He feels fence is too much like a billboard and that a berm is more viable. Leonard says there is no supporting data to say this will correct the problem. Who's to say that this won't channel noise down to his house. Leonard feels data needs to be submitted that will support fence will correct the noise problem and not affect other neighbors. Leonard asks the Board to please not vote for a fence, there is an alternative. Rick Nealy and Maria ? are the owners of the Thunder River Market. They have owned it since 1990. They only feel that there will only be a few residents that might be affected by this. Rick states that Bill is only asking for an additional 2' and he feels fence is worth trying. Mr. Slattery didn't get the luxury of designing his house for todays traffic. Rick & Maria feel it is acceptable and find no reason why variance should be denied. The Board asked for a clarification where variance exactly was being requested. John responded: the front yard is where variance is being affected--from 4' maximum to requested 10'--front of house closes to the highway. Clarence Mullen asked if anything was provided with the application to support data that fence will take care of this problem. John responded No. John's personal experience in New Mexico found berms to be very affective. Brad Jordan questioned Mr. Slattery concerning elevation from highway to fence line 25'-how far back is house from setback line--150'. Mr. Slattery sold bottom of property to the Highway 3 • • Department. Harold Raymond made a motion to close the public comments and Brad Jordan seconded. Mark Bean clarified that a berm would require a building permit. Clarence reminded other members and staff that we are making a decision tonight that will affect possible future decisions in this type of matter. He himself is reluctant to approve fence without proof that this will correct the problem. This is a new concern for Garfield County and we need some information from an engineer on this matter. Brad Jordan stated, as an architect stated he would step out on the limb concerning reflection of sound. The order of effectiveness: distance, berrning, fence. Harold Raymond feels that this deflection will bring the noise to the neighbors house and with objection from a neighbor he doesn't want to approve. Brad said a berm is a softer way to handle this problem. Berm will deflect. Another possibility is for the neighbors to share in the cost of some trees for berming. Leo asked for opinions from BOA members. Clarence made a motion to hold application open until we get information on materials, affect on property, direction of sound--more details in general. Sound engineers could perhaps provide some expertise in this matter. Brad Jordan motioned for the public comments be reopened to Mr. Slattery for his feedback, alternatives, etc. and Harold Raymond seconded. Motion carried to reopen. Mr. Slattery says he discussed this with Mr. Langston about the possibility of berms. Mr. Slattery feels that neighbors should help pay for fence or berm or whatever he comes up with. Mr. Langston is willing to discuss other options with Mr. Slattery but the issue being discussed tonight is the fence. Mrs. Langston doesn't have a problem with the noise. She said this is not a problem for them so why should they contribute. She stated they do not have the money to help pay for Bill's fence. Leonard Langston hopes that him and Bill Slattery will be able to work out something. Jim Leuthauser says you can grant a variance but not "sort or•. Brad Jordan made a motion to close public comments and Harold Raymond seconded. Clarence's motion was cancelled. Brad made a motion to defer decision until next meeting, Oct. 26 pending further information. Only members present tonight would be able to vote next time on this matter. Motion doesn't pass. 4 • • • Harold Raymond making motion to deny and Clarence Mullen seconded. Brad stated he only made that motion because he thought that Leonard Langston said possible engineering would solve problem. John Barbee said he was unaware of the Langston's concerns at the time of staff's recommendation. John didn't think there was any opposition. (Remember, a Yes vote is to deny--3 for a vote to con't.) Brad Jordan brought back the motion to continue on the October 26, 1998 meeting. Tom Morton seconded the motion. Leo asked if this was acceptable to applicant and he stated he could be in attendance that day. A vote was taken and motion to continue ciirried 5-0. Brad made a motion to close meeting and Clarence seconded. Meeting adjourned. 5 I • --------~ngineertng Oct-1. 7P EN~ERING DYNAMICS l P.01 October 19, 1998 Mr. M.rk Dean Oarfleld Coullly Planner Oarfleld Building and Planning Dep1r1ment I 09 8th Street, hite 303 Glenwood Springs, CO 81601 dynamics o_ .I ?::(rY,) '.·~~~ ~t;iml~ ft OCT 2 [; 1998 ; . L,. /~ •,., ··.( .i •• ... 1...1..1 1....-u·vt'4IY Ro: V•ri•nc•. Acecssory •trueture within the side ,...rd setbtck area • Seetlon 5.05.03(8) • Nolle EffeclA Dear Mr. Dean: I was requc&ied by th~ Wiiiiam R. Slattery R011ocablc Trust and Judith J. Slattery Rc•ocable Trust to n.'l\der an opinion based upon my profe .. lonal cicperience u 1111 acou1tical engineer re11ardlng tile acoustic eITects of a sound barrier foaoe u doacrlbed In the Varlanoe Applicutlon. lbe fence planned by Mr. Sl.i1cry would be located on tho •outh boundary of his property and would star1 at the western edge ofhia property ond continue eeotward about 100 ft. A similar fence has olso been requested by Mr. Slanory to 110 alt1ng till north boundary of his pn>pcrty. The 1J10Cllic Item of acowitkal conoem i• whether or not tho fence or fenoes would ronect the noise from Highway 82 ba<:k onlo his neighbor's properties and incrcaae the exlsdng noise level. Sound doe• rcllcet baclc from an inte,.enlng surface bul the angle oflhu reflection l11im!lllr to that of light waves reflecting !Tom~ sunocc. '11iat 15, th• traffic nc\i•C f\'om llighway 82 does not 1trikc the proposed fence perpendlcul11rly but a\ an anglo and therefor• will reflect from tho rcnce at an anylo. By obHrVin1 tho alignment of the proposed fonco witll r .. pcct 10 Highway 82, one can 100 tbal the "'Wld striking the fence will be rellectud at an a1111le towards the east and not directly bilck on the home• "41acent to Mr. Slauery's properly. Dued upon well eltlblishcd 1clentlt1c theories and my "poricnce, l can Slate that there wlll be nn significant lncroue in lhe noise oftnflic from Hi,hway 12 upon residences adjaccut to Mr. Siottcl)''s property when a aound barrier fence reaching a hcl"'t of 1 o feet ls constn&Ctcd as propoaod. Ir you have any questions reaarding this lnfonnation, please contact me at our Englewood offico. Vocy tnily youn, ENOINEERINO DYNAMICS, INC. /Jfrsw~ 0. 9H 3.-*rj.-p;~ ·Howard N. McOrcgor, Pre•id<111t 17 Rosi1tcred Professional £naineer in the State of Colorado, 7671 Date From CoJDept. Co. Phone# Phone# Fax# Fax# 3925 south kolomoth street L-----------englewood, colorodo 80110-------------' (303) 761-4367 •fax (303) 761-4379 --I 3 ~ • • GARFIELD COUNTY Building and Planning Department September 2, 1998 William & Judith Slattery Revocable Trust 5134 Road 154 Glenwood Springs, CO 8160 I RE: Variance -Accessory structure within the side yard setback area -Section 5.05.03(8) Dear Trustee: This letter is to inform you that you request for a variance of the requirements contained in Section 5.05.03(8) of the Garfield County Zoning Resolution of 1978, as amended. The Zoning Board of adjustment will consider your request at 7:00 p.m., on September 28, 1998, in the Commissioners Hearing Room, Suite 301, 109 gth St., Glenwood Springs. Enclosed with this letter is a public notice form that must be published once in a newspaper of general circulation in the area, at least fifteen (15) days prior to the date of the hearing. The same notice is required to be sent by certified return receipt mail to all property owners within two hundred (200) ft. of the property in question, at least five (5) days prior to the hearing. This includes public lands. We suggest sending the notice earlier than the required five (5) days, to insure the return of the green return-receipt. It is your responsibility to ensure that all notices are mailed in a timely manner. You are also required to provide the proof of publication form from the newspaper and the return receipts from the mailing to this office at, or before the hearing or your application can not be heard by the Board due to lack of proper noticing. lfyou have any questions about the public notice process, please contact this office. Sincerely, John Barbee, Senior Planner Building & Planning Department Phone: 945-8212 /Fax: 285-7972 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • • GARFIELD COUNTY Building and Planning Department September 2, 1998 William & Judith Slattery Revocable Trust 5134 Road 154 Glenwood Springs, CO 81601 RE: Variance -Accessory structure within the side yard setback area -Section 5.05.03(8) Dear Trustee: This letter is to inform you that you request for a variance of the requirements contained in Section 5.05.03(8) of the Garfield County Zoning Resolution of 1978, as amended. The Zoning Board of adjustment will consider your request at 7:00 p.m., on September 28, 1998, in the Commissioners Hearing Room, Suite 301, 109 8th St. , Glenwood Springs. Enclosed with this letter is a public notice form that must be published once in a newspaper of general circulation in the area, at least fifteen (15) days prior to the date of the hearing. The same notice is required to be sent by certified return receipt mail to all property owners within two hundred (200) ft. of the property in question, at least five (5) days prior to the hearing. This includes public lands. We suggest sending the notice earlier than the required five (5) days, to insure the return of the green return-receipt. It is your responsibility to ensure that all notices are mailed in a timely manner. You are also required to provide the proof of publication form from the newspaper and the return receipts from the mailing to this office at, or before the hearing or your application can not be heard by the Board due to lack of proper noticing. If you have any questions about the public notice process, please contact this office. Sincerely, John Barbee, Senior Planner Building & Planning Department Phone: 945-8212 /Fax: 285-7972 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • • • PUBLIC NOTICE TAKE NOTICE that William and Judith Slattery Trust have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance to 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 Attatched Practical Description: 6476 Hwy. 82, Apx. 2 Miles south of Glenwood Springs, on the east side of Hwy. 82. ('V Said variance is to allow a I 0 foot fence in the side yard setback, a variance of 2 feet in excess of the standard height~f eet. 4- All persons affect y the proposed variance are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, 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 of8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the application has been set for the 28th day of September, 1998, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 3 0 I, I 09 8th Street, Glenwood Springs, Colorado Planning Department Garfield County • • 487564 B-963 P-918 01/12/96 11:48A PG 2 OF 2 ·A tract of land situated in Lots 32 and 3S, Section 1, Township 7 .. --~l "S,Clut}),, Range 89 West of the Sixth Principal Meridian described as f ~.fo):lo\.is: Beginning at a point on the South line of said Lot 35 ,1 whern;e .. ~'the Northwest Corner of Lo't 9, Section 1, Township 7 South, i :Range\ '!1.9: West of the •Sixtfl Principal Meridian bears N, 87°06' w. I( .-44j,.:92 -feet; thence S, 97006 1 E. 113.S2 feet along South line of · :said~·Iiot,':35; thence N. 2°S4' E, 772,96 feet to the North line of ~; ~saiii .·Lot:· 32; thence S, 01°24' w. 114. 04 feet along North line of :." said"-bot 32; thence S, 2°s4' w. 762, 03 feet to the point of begin-· 'ii"fng ,.'..'containing 2, 00 acres, more or less. ~ . ······ . : .•... .. EXCEPTING the following described tract of land 1 to-wit: ; A tract or parcel of land No, 19-A Rev, of Colorado Department of Highways' Project No, S 0130(8) containing 0,042 acres, more or less, in Lot JS of Section 1, Township 7 South, Range 89 West, cf the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as fol- lows: Beginning at a point on the east property line from which the SE corner of Lot JS, Section 1, T, 7 s., R. 89 W,, bears s. 87°03'30" E, a distance of 384,Sfeet;:: 1. 2. J, Thence N, S7°JO' W, a distance of 92,7 feet to the west property line 1 Thence S, 2°56 1 30" W, a distance of 45,8 feet to the south line of Lot JS, Section 11 Thence s.· 87°03 1 30" E. along the south line of Lot 35 a distance of 80,7 feet, more or less, to the point of beginning, ·. -.. ·~ -. . . AND TOGETHER WITH: .· .... ~.----~· .... . A parcel of land situated ~n .. Lot.s' J2 and 35 of Section 1, Township 7 South, Range 89 West of the Sixth·Prfncfpal Meridian, lying Northerly of the Southerly line of said Lot 35, said parcel of land is de.scribed as follows: r.1. '• ~··· • • (;,: ~i~ii,!;--;-.. . . Beginning at a point on the Soulherly line of said Lot 35 whence an iron post with a brass cap found in place'and.properly marked for the Northwest Corner of said Lot 9 in said Section l"bears:: K •. 87'06'00" W. 637 .64 feet; thence N. 87'06'00" W. 80.20 feet along.the Southerly line of said Lot 35; thence N. 02'54'00" E. 328.74 feet; · .. , , .: . thence S. 87'06'00" E. 223.40 feet; -. " thence S. 26'26'16" W. 358.58 feet, more or less to a point on the Southerly line of said Lot 35 the point of beginning. COUNTY Of GARFIELD STATE OF COLORADO :• :• ~.-.' ;.. ; .. EXHIBIT II A" ., ' NOTICE TAKE NOTICE Thatvl\.wA,,.,...l.\laM ALUM MJ. m&J•r has applied to the Zt>N\Mdr l'HLt> OE Al>!«AT,-t.l!JJ.t on this prw..!rty· A public fflifcP 1 tJ&-on this application will be held In the QFflctC' d M ft/J/1\/1, &oA. , Mt SOI 1 d'CD mcem& 102 ~r ar: Glenwood Springs, Colorado on f£~BEJlt z«, ~16 (date) at 1', <20 P>=-1 • I time I Date Notice Was Posted=--------By: ______________ _ For additional information, contact the 'Sea Qt A.16' t 8.tWMIA 'Ir-[E'I?.,.. . at446 tzjg ·.or. , 109 8th St • . ~.!·;;~·;~~t;·.: ....... :. ".' ,'. -.,.. ,< Suite ~ ~ , Glenwood Springs, CO 81601 •ocT-26-98 MON 09:51 AM Nei-& Alder FAX NO. 97~25+9396 P. 01/03 Richard Y. Nelley, Jr. Eugene M. Alder NEILEY & ALDER 201 North Miii Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 FA~SIMILE TRANSMITTAL TO: Garfield County Board of Adjustment · FROM1 Rick Neiley DATE: October 26, 1998 TIME1 9139 am NUMBER OF PAGES (including cover sheet)• 3 COMMENTS OR INSTRUCTIONS: ORIGINALS TRANSMITTED BY1 n/a llOl'ICI or CONflDEK'?Uli.Z'l'Y' FAX fa 970-945-778~ !'RI Ilfl'ORH.\'l!Olf COlt.rAIOD WI'l'llIW !l'llII PACBIM?L2 'l!IWf&MJUIOlt l:I l4"l'O!Uf'IY P1'IVIJ.EQ81) AND C0Nl':IDRN1'1AL IHf'ORMA.T.'IOll' Ilf'l'TUfDBD ONLY l'OR '1"8)1; use or TNll DfDIVIDUAL cm Elft'In' '1'0 11f1U:Cll IT II ADl:lllBUED1 l'P YOU ARE 110'1' '1'R8 Dl!:8IcntAnD JQIC'ltIEM"l' 01' !l'HII 'RANIH1UIOll1 Oil '1'111 DIPLOYIB OR Mlft ltJLlfOllBillLll POR OllL1YBRr OI' 'l'B:tS l:HFORHM'IOR' !l'O Tllll tMT.l:NDR1) 1\1:0Ifl£N'l', YOU Ml: Kf:l\SDY NO'l':UIID !me' AIY DIISIMJ:JIM'IOIJ1 Dil'l'RJBlr.rIOll' OR COl'YIJll'O or !'Ell COfllf11NlCA'2!Iotl II ITRIC'fLY 1ROllIII~D~ IF YOU llAYE lmeltvBb l'UIA COtMUllZCATIOM Itl' ERROR, :Pl.EM• llUl1'UkN '1'111 !rlWISHI88IOll 1'0 """ SllllDl!a 8¥ UMITED S'rA'rBS MAI~ AT 111111 Al>Dlll88 aft ro--. IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION OR IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ANN AT (970) 926-9393 ~OCT-26-98 MON 09:51 AM Nei-& Alder FAX NO. 97ili25+9396 P. 02/03 VALLEY INVESTMENT PROPERTIES PARTNERSHIP 6818 Highway 82 Glenwood Springs, CO 81601 October 25, 1998 VIA FACSIMILE TRANSMISSION Garfield County Board of Adjustment 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 .•. ·~·· Rei Variance Application -William R. Slattery Revoca- ble Trust/Judith J. Slattery Revocable Trust 6476 Highway 82, Glenwood Springs, Colorado Dear Board Members: The purpose of this letter is to express our support for the fence height variance request submitted by Mr. and Mrs. Slattery. Valley Investment Properties Partnership has owned the commercial property at the intersection of Highway 82 and County Road 114 just south of the Slattery property since 1990. I spoke at the September Board of Adjustment hearing in favor of this application. At that meeting, a neighbor made objection to the fence. Since then, I again inspected the property and I have read the letter from Engineering Dynamics regarding noise mitigation. First, it appears that the proposal for the ten foot fence would in fact improve the noise problem and not adversely affect the neighbors. Second, the fence is screened in many places from the neighbor's view by large trees. The fence seems to be an unavoidable necessity resulting from increased traffic on Highway 82 coupled with the light at County Road 114. Acceleration and deceleration of vehicles, and particularly large trucks, generates tremendous amounts of noise. The noise problem at the intersection has increased dramatically since the installation of the light, approximately two years ago. 'ocJ-26-98 MON 09:51 AM Nei.& Alder Letter to Board of Adjustment October 25, 1998 Page 2 FAX NO. 97~5+9396 P. 03/03 In the circumstances, we urge you to qrant the variance for the Slattery property. RYN/agk cc: William R. Slattery truly yours, Y INVESTMENT PRO~ERTIES ·~l'FtERSHIP ichard Y. Neiley, Jr. 1 ·0CT-26-98 HOO 09,51 Afl Nei-& Alder FAX NO. 97ili25+9396 P. 01/03 Richard Y. Nalley, Jr. Eugene M. Alder NEILEY & ALDER 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 FACSIMILE TRANSMITTAL TO: Garfield County Board of Adjustment · FROM1 Rick Neiley DATE: October 26, 1998 TIME1 9139 am NUMBER OF PAGES (including cover sheet)• 3 COMMENTS OR INSTRUCTIONS: ORIGINALS TRANSMITTED BY1 n/a ROl'Ie& or CONflDEl(TI.Al.Z~Y FAX #1 970-945-778~ '1'112 lMFO~'l!Olf eolft'AIQD WI"l'llIK !l'Bill PACIIMILI !l!RANIMXllJON ?a AftO'NC'h'. PR.IVILUll) AND COKFIDRW'l'fAL INf'ORMA'r.ZOlf Ill'l'll&OSD ONLY J'OR 1'811: use or TJlll DIDIVl'DUAL OR 211Tl'n' TO tinl.I:CR IT I.9 ADDN:8.SED. lP rou AJ\E' JlO'l' '1'R8 DBSICDfM'ZD JtllC'lPIEll'l' 0JP Dill TRANIH?88IOll, 01\ ft'I mcPLOYll OR AOBll'r ltUPOJllUIA Pelt. D&LtVU.Y oP 'l'B:IS l:1'FORl1~IOR TO '1'DJI rttnNDID ll.BCil"I.£N'l', rou AA.I KP.EDY llO'l'IFIBD ~ NIY DilllMl:llM'IOW, DI.ITRIBlr.rIOI' OM CO.t''tllfO OP mta COfffUW!CATIOll Ia l'l'lt.ICTLY fROaIII~D. IP rou llAYE bCEtVRD !l'llIA CQMMU'MICA'tIOJI XN' ERROR, PLEA.SE Nl1"UJuf nil 'rlWU.Hl88IOH' TO 'l'HI SPMDD 111' UllI1'ED STATES MAIL A'!' :n11: ADJ>R.188 8ft l'Oltm ABOW. IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION OR IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ANN AT (970) 926-9393 ··ocT-26-9B MON 09:51 AM Nei-~ Alder FAX NO. 97ili25+9396 P. 02/03 VALLEY INVESTMENT PROPERTIES PARTNERSHIP 6818 Highway 82 Glenwood Springs, CO 81601 October 25, 1998 VIA FACSIMILE TRANSMISSION Garfield County Board of Adjustment 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Variance Application -William R. Slattery Revoca- ble Trust/Judith J. Slattery Revocable Trust 6476 Highway 82, Glenwood Springs, Colorado Dear Board Members: The purpose of this letter is to express our support for the fence height variance request submitted by Mr. and Mrs . Slattery. Valley Investment Properties Partnership has owned the commercial property at the intersection of Highway 82 and County Road 1°14 just south of the Slattery property since 1990. I spoke at the September Board of Adjustment hearing in favor of this application. At that meeting, a neighbor made objection to the fence. Since then, I again inspected the property and I have read the letter from Engineering Dynamics regarding noise mitigation. First, it appears that the proposal for the ten foot fence would in fact improve the noise problem and not adversely affect the neighbors. Second, the fence is screened in many places from the neighbor's view by large trees. The fence seems to be an unavoidable necessity resulting from increased traffic on Highway 82 coupled with the light at County Road 114. Acceleration and deceleration of vehicles, and particularly large trucks, generates tremendous amounts of noise. The noise problem at the intersection has increased dramatically since the installation of the light, approximately two years ago. .r ~OC.T-26-98 MON 09:51 AM Nei-& Alder Letter to Board of Acljustment October 25, 1998 Page 2 FAK NO. 97~5+9396 P. 03/03 In the circumstances, we urge you to grant the variance for the Slattery property. RYN/agk CCI William R. Slattery truly yours, Y INVESTMENT PRO~ERTIES ERSHIP ichard Y. Neiley, Jr. •.• DCJ'-26r98 MON 09:51 AM y. Nei. & Alder FAX NO. 97~5+9396 P. 01/03 -.. -S: • Richard Y. Nalley, Jr. Eugene M. Alder NEILEV & ALDER 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax(970) 925-9396 FACSIMILE THANSMITTAI. TO: Garfield County Board of Adjustment · FROM1 Rick Neiley DATE: October 26, 1998 TIME1 9139 am NUMBER OF PAGES (including cover sheet)• 3 COMMENTS OR INSTRUCTIONS: ORIGINALS TRANSMITTED BY1 n/a lllO'l'ICB OF OONflDD'l'IAI..tTY FAX #1 970-945-778~ '1'RB tlrfFO~'l'!Olf CORTAIQD WI'l'llIH !l'BII PACBIMILB !BW18MIBIION %8 Aft'OJUIEY PllIVILBQID AND COMFIDRN'l'IAL :tHf'DRM.\T.XON INTRNDED ONLY !"OR Tff:ll: use OF TH1il: INDIVIDUAL-OR EW-l:I'l'Y' '.l'O \rfBICR IT II ADDRlUllED' ~ .. YOU ARE WO'l' '1'R8 DBBJGW.U'BD JUICIPIEJf'l' 07 !rHll TRANaHtBSION, Oil ~ JrHPLOYl.B oa AOBft RllPOR'BllLI POlt. DBLJYBRr OF "J.'BJ:8 ?lfFORJifM'ION ~ Tm r"3NDVD U:C!IPl.&:NT, rou AM H£Rl:Dl' NOrUIED !l'llAT MY DISSIMlHATIOll, DIS'l"RJ8llTIOll OR COl'Yilt'O or TRIS cottrUW!CA'1'JON JS .S!l'RIC'1'LY l'ROl!III'l'll:D. :rr YOU llAVE llECIMb !l'llI8 COttMUlllCA'tJOll llf EMO~, Pl.EME IUl'l'URN TllB ~l\ANSMI88IO!I' 'J'O !'HE SP.NDER llY Ull'JTED STA'l'BS HAJ::L AT n& ADDR188 lllT 101\TI Aa0W. IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION OR IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ANN AT (970) 925-9393 OCJ-26798 MON 09:51 AM Nei~& Alder FAK NO. 97~5+9396 P. 02/03 VALLEY INVESTMENT PROPERTIES PARTNERSHIP 6818 Highway 82 Glenwood Springs, CO 81601 October 25, 1998 VIA FACSIMILE TRANSMISSION Garfield County Board of Adjustment 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 ., . ·~.~ Re: Variance Application -William R. Slattery Revoca- ble Trust/Judith J, Slattery Revocable Trust 6476 Highway 82, Glenwood Springs, Colorado Dear Board Members: The purpose of this letter is to express our support for the fence height variance request submitted by Mr. and Mrs. Slattery. Valley Investment Properties Partnership has owned the conuner~ial property at the intersection of Highway 82 and County Road 114 just south of the Slattery property since 1990. I spoke at the September Board of Adjustment hearing in favor of this application. At theit meeting, a neighbor made objection to the fence. Since then, I again inspected the property and I have read the letter fr<>Jll Engineering Dynamics regarding noise mitigation. First, it appears that the proposal for the ten foot fence would in fact improve the noise problem and not adversely affect the neighbors. Second, the fence is screened in many places from the neighbor's view by large trees. The fence seems to be an unavoidable necessity resulting from increased traffic on Highway 82 coupled 'W'ith the light at County Road 114. Acceleration and deceleration of vehicles, and particularly large trucks, generates tremendous amounts of noise. The noise problem at the intersection has increased dramatically since the installation of the light, approximately two years ago. ·OOJ-26-98 MON 09:51 AM Ne. & Alder Letter to Board of Adjustment October 25, 1998 Page 2 FAX NO. 9~5+9396 p, 03/03 In the circumstances, we urge you to grant the variance for the Slattery property. truly yours, PROJ,>ERTIES !chard Y. Neiley, Jr. RYN/agk cc: William R. Slattery -----ngineering dynamics October 19, 1998 Mr. Mark Bean Garfield County Planner Garfield Building and Planning Department I 09 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Variance -Accessory structure within the side yard setback area -Section S.OS.03(8) -Noise Effects Dear Mr. Bean: I was requested by the William R. Slattery Revocable Trust and Judith J. Slattery Revocable Trust to render an opinion based upon my professional experience as an acoustical engineer regarding the acoustic effects of a sound barrier fence as described in the Variance Application. The fence planned by Mr. Slattery would be located on the south boundary of his property and would start at the western edge of his property and continue eastward about 100 ft. A similar fence has also been requested by Mr. Slattery to go along the north boundary of his property. The specific item of acoustical concern is whether or not the fence or fences would reflect the noise from Highway 82 back onto his neighbor's properties and increase the existing noise level. Sound does reflect back from an intervening surface but the angle of the reflection is similar to that of light waves reflecting from a surface. That is: the traffic noise from Highway 82 does not strike the proposed fence perpendicularly but at an angle and therefore will reflect from the fence at an angle. By observing the alignment of the proposed fence with respect to Highway 82, one can see that the sound striking the fence will be reflected at an angle towards the east and not directly back on the homes adjacent to Mr. Slattery's property. Based upon well established scientific theories and my experience, I can state that there will be no significant increase in the noise of traffic from Highway 82 upon residences adjacent to Mr. Slattery's property when a sound barrier fence reaching a height of 10 feet is constructed as proposed. If you have any questions regarding this information, please contact me at our Englewood office. Very truly yours, ENGINEERING DYNAMICS, INC. ~tl1. 9M ~>JL 0 -:---- Howard N. McGregor, President -/ 7'-l. Registered Professional Engineer in the State of Colorado. ( 3925 south kalamath street '-----------englewood, colorado 80110-------------' (303) 761-4367 •fax (303) 761-4379 / • &-n ? ,' / /?~~ C:-eJ I" &vi-"?%"0 "'~ ~1- ./€1 / ~rl~ ~_,,...µ.lt::.i! ~ ~ , ~IC... ~/~ fl,,,,.._._s, /i~ µ/~,,-, 'J'P(f ~J IV::>~ k~ ,,_,~/,;,,... ,,( 1JrJ1i.t (1 ~ /o j JJJ<_ 1~ 2-s / ;11;_,~~ , t, tl: ,/iM<-R /J, .p'~,4.,1 "Y' ,kte ... ~ J /&f _s ffils, ~- Jt-tj ") /,.,AA,,,.~ ./o C4Y' le-tvt /wit~ d J;:,/__s 1 .S.o<-<.,, d &r>f4-, Mo') / ~----...-~ ' ~ ..../ 4'#1 4....,,6 b ( / .' 4'Jr.e J--~e r"'f v~ - j}r--ci11t,/.' j);) -Wl?/n&// ~ /n/'.f drp~ /0 /#,..«. ?.$;" / h""7-- 9:PIA..., I 3 #/ a~ . 611/, · /'J tJ k J; /,,, f )v"' /. <:: >nL ~r?I ct 44¥"-t "'f' ~ ;;,,.~, _ • WILLIAM B. McDOWELL 6000 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 Garfield County Planning Department TELEPHONE 970-945-9898 F N< 970-945-9898 "E" MAIL billmcd@rof.net September 24, 1998 This letter concerns the application for variance from side yard fence height limitation by William R Slattery, 6476 Highway 82. I live two or three houses from Slatterys on the same street. I will see the fence in question at least twice a day and do not find it the least bit objectionable. Bill Slattery does more to promote an attractive neighborhood than anyone else on the block; he washed dirt from the street after a recent storm, mows weeds on the street right-of-way, all beyond the call of duty, and maintains his grounds in superb condition. There are many sound visual reasons for granting the variance and I trust the Planning Commission and County Commissioners will do so. Sincerely, William B. 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EXHIBIT "E" List of Property Owners within 200 feet of Slattery Property Department of Transportation Resident Engineer 202 Centennial Street Glenwood Springs, CO 81601 Los Amigos 2929 County Road 114 Glenwood Springs, CO 81601 Chi Hoa Luu and Hongtial Luu 6416 Highway 82 Glenwood Springs, CO 81601 Donald DeYoung 6578 Highway 82 Glenwood Springs, CO 81601 Leonard Langston and Mindy Langston 6500 Highway 82 Glenwood Springs, CO 81601 Rodv ;--N-._u _ -~1.------------------------___ _ ~vlJu~ -&./'~It\~ .v ~ .- 11 f!tJ'lt.e-pYl N¥'M f'1 ~ ¥->ML ! f!:pc,vJ """' &.f-W-1' Cou.~ ViH't./Vl ~ did .,.u.. l!!vt-7 ~ t?tm11~ WJ/I fipf ~tt.u.A-ni,1 ,LJ., - r~rv~k# w. lid tf-1 (Y~t~s #1.[ C'?fJp--0</LI'( Iv ,.,i1-hj!-l<,, k»nJ tltfa,vt)~ni "'.'1 ~~ 5fP 111'/c) JJwi r~),j,,rv Ab jJP~rl~ /o 6~ ~Pc../14.,, ./. ~~ -i7v•-11 ~ ' ~,,NU"~ ._jDh n : no exµl'7'¥1 ~ {)J4l : rrvr ~ w4~1-J.~s ~ r~ ~~ Uf' ~ tJ// ~ -uJ"C/l /'d,!C,,_.~, 1. ./e J~/ .s QJl... j.,f) VLJ . {,h,L.,k) -f!1,,.,..~ Mt-~,!. ~ ' ~f ~ 11Pf ~!'VJ, o1~,,./-pr>t,fe.,,._/ ,/o bt2..- M#eftj -~ r;MI~ ~~ ~''Ir _ ~~ ~P~~ ~/ho'~ 6'1~9 ~ uvl/ ~./~"""· /./mit1t P ..--("~n/ ~~ ~//,J4-~ ~,ft_j -C/)tJ/ ltJ / _fl!l~n/ ~rn/t?0 ~~k usJZ ~f. ~~ ? ~n wh > I-,x,1~ ~ u.;a ~ wa. c. I I un/1/fy ~ . a?or td u. /Jo whd +Iv'/ p b.~ fPJ1-110 ~;,.~./rt-t>lj~,&PL --.I' '• •' • • 487564 B-963 P-918 01/12/96 11:48A PG 2 OF 2 ·A tract of land situated in Lots 32 and 35 1 Section 1, Township 7 .. -·Jt "S,Clutl);, Range 89 West of the Sixth Principal Meridian described as ( ~.fQJ:!ows1 Beginning at a point on the South line of said Lot 35 ,1 whiirn:ie··\he Northwest Corner of Lo't 91 Section 1, Township 7 South' 1 :Range\ ll-9: West of the •SixtP, Principal Meridian bears N, 87°06' W, ~ -~44j,.:9~ ~f!iet1 thence S, 87006' E. 113,52 feet along South line of ' ,said'.·J;;ot,';351 thence N, 2°54' E, 772,96 feet to the North line of :~ ~said . .t.ot:· 32; thence s, 87°24 1 w, 114, 04 feet along North line of f sa.J.d'0'1lot· 321 thence S, 2°54' w, 762,03 feet to the point of begin-t 'ii'ing,:.:containing 2,00 a=es, more or less. ~i . ······ ~ .•... I. .. ; EXCEPTING the following descri~ tract of land, to-wit: " A tract or parcel of land No. 19-A Rev. of Colorado Department of Highways' Project No, S 0130(8) containing 0,042 acres, more or less, in Lot 35 of Section 1, Township 7 South, Range 89 West, cf the Sixth Principal Meridian, in Garfield County, Colorado, said tract <lr parcel being more particularll' described as fol- lows: Beginning at a point on the east property line from which the SE corner of Lot 35, Section 1, T. 7 s., R. 89 w,, bears s. 87°03'30" E. a distance of 384,5 feet1 ·~ 1. 2. 3. Thence N. 57°30' W, a distance of 92,7 feet to the west property line 1 Thence S, 2°56'30" W, a distance of 45,8 feet to the south line of Lot 35, Section 11 Thence s.· 87°03 1 30" E. along the south line of Lot 35 a distance of so. 7 feet, more or less, to the point of beginning. · ............. . ANO TOGETHER WITH: . .:.. ;r~-t,._ --~· .... ·. . A parcel of land situated i11 .. Lot.s' 32 arid 35 of Section 1, Township 7 South, Range 89 West of the Sixth·Prfncfpal Meridian, lying Northerly of the Southerly 1 ine of said Lot 35, said parcel of land is de.scribed as follows: Q.··~·~ . . . . (;,:tilii~l .. .. . Beginning at a point on the Soulherly line of said Lot 35 whence an iron post with a brass cap found in plac~'and.properly marked for the Northwest Corner of said Lot 9 in said Section l"bears:: If •. 87'06'00" W. 637.64 feet; thence N. 87'06'00" W. 80.20 .feet alonfthe Southerly line of said Lot 35; thence N. 02°54'00" E. 328.74 feet; "·' , ,: . thence S. 87'06'00" E. 223.40 feet; · • ·l -thence S. 26°26'16" W. 358.58 feet, more or less to a point on the Southerly line of said Lot 35 the point of beginning. COUNTY Of GARFIELO STATE OF COLORADO . ·: : . " . : --· - ... ., i ;1dt.t )?!_?' ~~ ~~---,Jlrf ·~ • ~ : h_ p~!l ~r ~?V1/ $. (v.11 r'V/:..,.k.:.. no , #//}teJc.', S"'ntl tv~ Mr;t'ttf .' 7 ~ --'--"'~ tJtJ fyfo"~~ .J.o ~! .tf/141 / ./t::> 1-U-~ / ...._. .S. 'c:-.t>v? ,I c:Jp I:.,~ VI ~u_ £ / ,.e4?1 tf, .J'v &> _,, ..S ,,{ ,,Y:....y" vt/4~.J 15. ~ ~;W/;?U.,,,, ;14'~ 11'~ ~;,~ {)µ.b/ /t!?Y?.!.,e/~ "1»-r k__ ~ r1bl-,,,,., ~~r/~ /1 /l~wr"I fvovo // ~ t1~1~ ~ 11~ of--·~ I ,C::. .?>-~'-'! e,/ "61 t1 /tJ $~ '/?J. /I' ,41:.,/<._ ~/ v-L.. . ~..,,,le. /1"'lM~ 1f Jo,_,_;.,/' I(;..~ IS. do-w; ~i -~?uv,~ {Jy~,1~~1/1 / ~ 4#1 7 -at!ff 16 / n?Y~ .1 {Mr ---ct~t.,µ1 w/ ~~ . d,~cv>~1t!J111 tJYI v'lw'I~)... ,..,, 41~-,d,~ EXHIBIT "C" 487564 B-963 P-917 01/12/96 11:48A PG 1 OF 2 RF.C . ooc NOT MILDRED ALSOORF GARFIEI.D OOUNTY CLERK AND RECXJRDER 11.00 SPECIAL WARRANTY DEED WILLIAM R. SLATTERY and JUDITH J. SLATTERY, Grantors, for consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to WILLIAM R. SLATTERY REVOCABLE TRUST and JUDITH J. SLATTERY REVOCABLE TRUST, Grantees, whose legal address is 5134 Road 154, Glenwood Springs, Colorado, 81601, the following real property in the County of Garfield and State of Colorado, to wit: That parcel of land described on Exhibit "A" attached hereto and incorporation herein by this reference; with all its appurtenances, and warrants the title to the same against all persons claiming under the Grantors. NO DOCUMENTARY FEE REQUIRED: Transfer for estate planning purposes with consideration less than $500.00. SIGNED this /<J day of January, 1996. d~~ d'ifdith J. Slattery STATE OF COLORADO ) ) SS COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 10th day of January, 1996, by William R. Slattery and Judith J. Slattery. WITNESS my hand and official seal. My commission expires: 8-17-96 ·.;: i .. 30.'·: I ·-·' • •• . · .•.:: · ."; .:·. : .) Glcn\-.,::r .. , ... : ~1 :..,·;1;f:_. i, CU:; ILU I IJJikl -B~w -,., ~14,. I;. l'?t>./ .J/tl'YPIA r'1 ~,.,.fi, ~~<ft--· 1''1. aJ~.; ,,,,,,, ,_, ~ ff~ YJ~dW!'/ ~ ~ ,le.-~" t/0r1~ ~ o?cr; II ~MJ. ;):;;/ 411 ~- 4,.JC: V~ S 1Pl-'7 G~hi1r--/~-k),..~t7Y7 )4t!(P~ / ~~..!. //1'1 '1' 9.1..:e.. .fo->.s111r di~/ ~,1~: /?e'.e,,,/ l>s.~ J°Y-~h o,C. Mt-v, -::'~ ~y ~ ./ ,5.. tw?>~""/? 4~ ... .-, J Cl~ /l?~,.,A -_,... 9'""""'" / ~ ~/>- ~,£/ -6 / /~ ;Pr1~ ~1~4l- cf1ar1-t{~ 1f /o / ,G,,,02 /S ;:,.~<?--~~. ~ )c c:kny-nc? h:PI--?/'~ ~ ~rt:J I/ ~ 5 ·fo ~D t/o~ chn~ Jl:Jt:Y 4'/)//C>r~ , ~d,r./ ~ ~ Y'/O ,11,tJf2'fL £ x /> l A-1 A) t::. ;::, j f> 15 ,Sc. t) s :s /t:> !'--{ f:N::J -If C><t'e d:.~ &~/ ~ Cjo uLJ. /6~1-1 ferl~ k> he. ~!) _ ~-emov~Q. I 'j2~t"1Cr-o'P ~1/ Jk.oLD 1. /SEi~BV~ fO~'t_~~~ "1APHPl"f er ~<.I Arut-1114 -~/l-/_. &kP-0 =-th::f.o-r D~LAble ~vt V<Y '1 ~i wivvi ~ , Y"::;. /o etfJpr"e:?l.A!. <Ar/c~,_, c./ . , i+...to!J ~ C-1~ ~ ~,) >']f) Yor'Vl '-1M--MfJ11o/../ !ff~ tv/<°"".t?//7oh~ Lao ~. 2.1B5-36 .< .i-~~~~~~~~ " ,. '< 1--~~~~~~----t~r-~... ... ~~~~~~~---1=- " :i.. " ® • 36 ~:r-~-~,"tt. 7 s. 1'11.t't-•ttv Pi'P-" Ty y@ ----....... -.---- 3sf-<?µ d/h~ 0 ID 0 I t') Ol t') N 6 7 ,.... 0 I t') Ol t') N CT> ., · .. : ~ ...... ,; . . /,.':. • 32 . I) '.: 8. /6,qc.:t ;.~ · ... ·.; LOT EXHIBIT "A • .. '., ' ' IY 8 7 • Oti> '()() "H ---4Jb.--_..;..~~h¢.-<\;,.· • s ()/0 /4 '()()")ti 95.?()' •I •.' .~ ... '. (S<tc. I) i~~ .. :.~>·-. . '".," (6) ,, . . .. llllfde..·:o;-..i~~~:.i~:.~z~--"~::~&· ... • • A -PoP f> -RR.. c -B 1 L1. .MtDowt.Jl D - l - 'F - IJ[llt '-1 ~) PtttHIRO lhw/lh.1> Mc_(;-ee{,of!., -Ef:N6-, D-11VM11('~ - t-1/JP I IVl>I~ tl./6-A/:>..I, P'2°~ Pry BOA 9/28/98 PROJECT INFORMATION AND STAFF COMMENTS PREVIOUS ACTION: REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING ZONING: I. DESCRIPTION OF THE PROPOSAL At the September 28, 1998 regular meeting, the Board chose to CONTINUE hearing this proposal until the regular October hearing, in order to allow the applicant to provide engineered proof that the sound barrier as proposed will 1) mitigate noise, and 2) not impact the adjoining property owner. Variance fro~Section 5.05.03 (8)-Placement ofa structure .. feet in excess of the maximum height required by the Supplementary Setback Regulations The William & Judith Slattery Trust A tract of land located within a portion of Section 1, T7S, R89W, located at 6476 Highway 82 3.16 acres State Highway 82 AIR/RD A. Site Description: The subject property is located on the northeast side of Hwy. 82, approximately 1/4 mile northwest of the CMC turnoff. Improvements on the site include an existing residential dwelling. A site map is attached on page '=-. B. Request: The applicant is requesting a variance from the maximum height requirement for an accessory structure in the side yard setback area. The proposed variance would allow the placement of a I 0 foot fence on the side property line, adjacent to Hwy. 82. The applicant has stated that the proposed height is necessary due to the steep nature of the terrain of the applicants lot. (See application pgs. '-I <f 5 ) -1- • • II. MAJOR ISSUES AND CONCEBNS A. Zonini: Section 5.05.03 (8), normally requires that an accessory structure in a side yard be a maximum of 8 feet in height. Due to the noise created by Hwy. 82 traffic, and the sloping nature of the property, a portion of the fence will exceed the 8 foot maximum, reaching a total height of I 0 feet. B. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon , the owner of such property", the Board may authorize a variance. In addition, the Board must also find that: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 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; and 3. That the circumstances found to constitute a hardship was not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant.· C. The proposed variance is seeking relief from a regulation intended to reduce visual blight, and to maintain a reasonable standard height which does not create either a nuisance or physical hazard for the property owner, owners of adjoining property and the general public. The applicant is seeking relief from conditions, traffic noise pollution and steep terrain, which the applicant did not create, and are conditions found generally throughout the zone district. The proposal appears to be a reasonable mitigation solution for these conditions. IV. SUGGESTED FINDINGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. • • 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the variance approved is the minimum necessary to alleviate the difficulties and not be to the detriment of the public. 4. 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 of a variance, but to the minimum necessary and subject to the new construction being completed in compliance with a building permit issued by the Garfield County Building Department, and that all development shall conform with the site plan and application as submitted. VI. NEW INFORMATION: The applicant has provided a letter dated 8/19/98 from Engineering Dynamics, Howard McGregor, President, who believes that the sound fence as proposed will mitigate noise impacts on the applicants property and will not reflect this noise onto the adjoining property. -3 - • VARIANCE APPLICA TJON GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution William R. Slattery Revocable Trust Resolution _.J ... u .. d .. i._,t ... h._.J..., • ..._.s ... 1..,a ... t .. t..,e .. r..,y'-&R .. e.,.y'""o"'c"'a""h'"'J..,e...._.T.,,r_..u .... s ... t _____ ,, request(s) a variance to (applicant/owners name) Section 5 • O 5 . O 3 ( 8 l of the Garfield County Zoning Resolution concerning a v a r i a n c e ----------'to pennit a 10 feet high fence in the Residential zone district. SUBMJTIAL REQUIREMENTS· SEE NARRATIVE ATTACHED A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks and access points. B. Vicinity map: showing general geographic location. C. Legal description of site -Copy of Deed of Ownership. D. Practical description of site -including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available at 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. It should be demonstrated by the above information and statements that, " ... where by reason of exceptional narrowness, shallowness or .shaJ2ll of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topoifaphic 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 authorize a variance provided: 9 05 03 (I): That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9 05 03 (2): That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9 05 03 (3): That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. PROCEDURAL REOUIREMENIS· I. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m .. 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 (I). 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 9.04.04 (2)) - &:UW PQQMTY v{signatures offtjlplicant/ownp - William R. Slattery Revocable-Trust APPLlCA.NT;~~u.i~··~i-th'-·~·J-•-=Sl=a=t~t=e-ry......_R~e~v-oc=a~b~l=e_T=r~u~s-t __ .PHONE: -~9~4~5~-5~3~5~9 ______ _ MAILING ADDRESS: 5134 Road 154, Glenwood Springs, co 81601 OWNER: same HONE: ---=sa=m=e'---------MAILINGADDRESS: ____ s_am_e _____________________ _ {4) • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT NARRATIVE OF SUBMITTAL REQUIREMENTS Applicants, William R. Slattery Revocable Trust and Judith J. Slattery Revocable Trust , hereby comply with the submittal requirements of the Variance Application as follows: A. A sketch map showing the site improvements and the proposed fence locations is attached as Exhibit "A". B. A vicinity map showing the geographic location of the site is attached as Exhibit "B''. C. A copy of the deed of ownership of the property, containing the legal description of the site, is attached as Exhibit "C". D. A practical description of the site is as follows: The property is situated on the Northeast side of Highway 82, and fronts on Highway 82, approximatley one quarter of a mile northwest of the intersection of Highway 82 and the Colorado Mountain College turnoff. The street address is: 6476 Highway 82, Glenwood Springs, Colorado 81601. E. The names and addresses of the adjacent property owners to, or within 200 feet of, the site is attached as Exhibit "E". F. Descriptions of domestic water sources, sewage disposal and other utilities have no applicability to a variance concerning the height of a fence. G. Plans and specifications for the proposal are attached as Exhibit "G". H. The variance is being requested to mitigate road noise and visibility from increasing traffic on Highway 82. I. Because of the exceptionally steep terrain on the applicants' lot, it is necessary that a portion of the fence be constructed to a height of ten feet to accomplish the purpose specified in the narrative explanation in paragraph "H", above. J. The Board of Adjustment because of all of the 9. 0 5. 0 3 ( 1) , ( 2) , and ( 3) Resolution. should authorize the variance reasons contained in Section of the Garfield County Zoning K. A check in the amount of $250. 00 is enclosed as the submittal fee necessary to accompany the application. REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: • • BOA 9/28/98 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 5.05.03 (8)-Placement of a structure 2 feet in excess of the maximum height required by the Supplementary Setback Regulations The William & Judith Slattery Trust A tract of land located within a portion of Section I, T7S, R89W, located at 6476 Highway 82 3.16 acres State Highway 82 EXISTING ZONING: AIR/RD I. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the northeast side of Hwy. 82, approximately 1/4 mile northwest of the CMC turnoff. Improvements on the site include an existing residential dwelling. A site map is attached on page 'T B. Request: The applicant is requesting a variance from the maximum height requirement for an accessory structure in the side yard setback area. The proposed variance would allow the placement of a I 0 foot fence on the side property line, adjacent to Hwy. 82. The applicant has stated that the proposed height is necessary due to the steep nature of the terrain of the applicants lot. (See application pgs. "f'5 ) II. MAJOR ISSUES AND CONCERNS A. Zonin1r Section 5.05.03 (8), normally requires that an accessory structure in a side yard be a maximum of 8 feet in height. Due to the noise created by Hwy. 82 traffic, and the sloping nature of the property, a portion of the fence will exceed the 8 foot maximum, reaching a total height of I 0 feet. (\) • • B. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon , the owner of such property", the Board may authorize a variance. In addition, the Board must also find that: I. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 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; and 3. That the circumstances found to constitute a hardship was not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. C. The proposed variance is seeking relief from a regulation intended to reduce visual blight, and to maintain a reasonable standard height which does not create either a nuisance or physical hazard for the property owner, owners of adjoining property and the general public. The applicant is seeking relief from conditions, traffic noise pollution and steep terrain, which the applicant did not create, and are conditions found generally throughout the zone district. The proposal appears to be a reasonable mitigation solution for these conditions. IV. SUGGESTED 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 variance approved is the minimum necessary to alleviate the difficulties and not be to the detriment of the public. (Z.) - - - - - - - - - - - - - - - - - - -------------- - - - - -• • 4. 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 of a variance, but to the minimum necessary and subject to the new construction being completed in compliance with a building permit issued by the Garfield County Building Department, and that all development shall conform with the site plan and application as submitted. [3J • TO: Mr. Mark Bean LAW OFFICE OF JOHN L. KEMP, P.C. 905 GRAND AVE., SUITE 2 GLENWOOD SPRINGS. COLORADO 81601 TELEPHONE: (970) 945-2223 FAX: (970) 945-2376 MEMO August 20, 1998 Garfield County Planner • Re: William R. Slattery Revocable Trust and Judith J.Slattery Revocable Trust/ HAND DELIVERED Variance for a 10 foot high fence on residential property Dear Mark: I am herewith submitting, in duplicate, the Variance Application for William R. Slattery Revocable Trust's and Judith J. Slattery Revocable Trust's request to allow a fence reaching the height of 10 feet to be built on its residential property. It is importan~ that any communication or correspondence regarding this variance should be directed to my attention. Mr. Slattery is going to be in Russia for about three weeks and will not be available. Therefore, please contact me about any matter concerning this variance. Thank you for your cooperation. JLK/jtk Enc. Very.tru:>' yours, .)/4,P( {/. ~~/ / John L. Kemp v - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -,.-------• • • \ LAW OFFICE OF JOHN L. KEMP, P.C. 905 GRAND AVE .. SUITE 2 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2223 FAX: (970) 945-2376 MEMO August 20, 1998 TO: Mr. Mark Bean Garfield County Planner Re: Dear Mark: William R. Slattery Revocable Trust and Judith J.Slattery Revocable Trust/ Variance for a 10 foot high fence on residential .. ,..,, property I am herewith submitting, in duplicate, the Variance Application for William R. Slattery Revocable Trust's and Judith J. Slattery Revocable Trust's request to allow a fence reaching the height of 10 feet to be built on its residential property. It is importan~ that any communication or correspondence regarding this variance should be directed to my attention. Mr. Slattery is going to be in Russia for about three weeks and will not be available. Therefore, please contact me about any matter concerning this variance. Thank you for your cooperation. JLK/jtk Enc . ... Oct-19-98 01:17P ENGINEERING DYNAMICS 1 P.01 • gineering 0c1ober \9, 1998 Mr. MIU'k Dean Oarl'leld Counry Planner oarneld Building and Planning Department I 09 8th Slteel, Suiie 303 Glenwood Springs, CO 81601 ~--····~~~~:~~ .. ,~~~] GAf>f'rELD COUNTY Ro: Vulanc• • Accessory otru<ture within tbe side yard sclb1ek •rea • S..tlon 5.05.03(8) • NOIM Etreclll Dear Mr. llean: I was ~ucS1ed by lh• Wllllam R. Slancry Revocable Trun ond Judith J. Slattery Revocable Tnast to nmder an opinion based upon my profe.,lonal experience as 1111 acoustical engineer ngardlng the aeo11Slic cfl'ect£ of a sound barrier fenee u described In the Varlanee Application. lbe fence planned by Mr. Sl•Hcry would bo located on tho south boUlldary of hi• propert)I and would atarl at the weSlem edge ofhia property and contlnue outward abou1 100 ft. A sitnllar fence has •l•o been requested by Mr. Slatlel'y to E<> alung ~11 north boundary of his property. The speGil1c Item of 1coU1tlcal coneem i• whether or not the fence or fences would r~~ct the nolso ll'om Highway 82 back onto his neighbor's properties and incrc11&e the existing noi•C level. Sound dot• rcllcct bad< from an intervening surface bul lhe llllgle of lhu reflect Ion Is similar to rhat of light waves reflecting from 11 surface. That Is: tho tramc nol•c from lli,ghway 82 does not •trike the proposed fence perpendicularly but a\ an anglo and therefor• will reflect from the rcnce al nn anul•. By observin& In• allgnmont of the proposed fence with rupcct 10 Highway 82, one can ;ee that the 1<>und strlldn.11 lh• fence will be renec!Ud at an a1111le towards the onst and not dl~tly bilck on the home• adjacanl IO Mr. Slattery's property. Based upon well established aclentinc lhcorkls and my exporionce, I can state !hot !here will be no signlncant lncreuo in the noise oftniftic rrom Highway 12 upon residences adjocent to Mr. Rh111cry'1 property when a sound ban'ler fence reaching a helahl of 1 O feet Is constructed as proposed. If you have any quelllions reaardlng this lnfonnation, please contact me at our Englewood oftlco. Very lr\lly youn, ENOINBERING DYNAMICS, INC. <~'71. rJH _S~r-»"'f#i.--r. Howard N. McOrcgor, PreoidL'lll Cf Regi1tcr<d Profos•ional Engineer in lhe State of Colorado. 3925 south kalomoth street '------------englewood, colorodo 80110-------------' (303) 761-4367 • fax (303) 761-4379