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HomeMy WebLinkAbout1.0 Application, Staff Report & Exhibits• •' --.---------r ~-~-~~ i~t cile.flwms tihe tttm.."'ll! ·-- 2014 Grand Ave.• P.O. Box 550 •Glenwood Springs, CO 81601 Date Account# ; 0 Display Ad. 0 PMT AOO.T: ··• D Classified Ad :~Legal D Photo D ~Adj. D Composing D Credit Adj. j D Subscription OMiscJ ___ _ Date Dimensions or Description Rate Net. Amt. C\. I\ 3.s \\\'Cl'$ 'i.,o -z.10.!? . ~·. ' \-.e .\ ~ "twlly \b~ > . Total JJb.! • I I I I t I I ' --'-~ MUCNOllCE 'Ctlctt10T1CE1111fmsidDenc1JH11m16-.... ·-;t&ilig BaddAdjr;llflnn. We.tr. Sllle atC ' ....tm ., .. GllWf c.:..., l.ol*lg_ AeecMarl ~ • .: _ti_ ..... __ ,.,,,,..,_. n,.a..,ar0111et1.S11111ia1~1aw1: •--~-~£:~·-..... ..._ ... ,a_..,;,....,. ,&~:'. .. ,, ·_rs--cimiDatnaQm,Wfliil.fr_&-iu, --c:.mo.-. l~j;• --di ::=::::_ ==-~-: .... -~>~.~~-·, .............. Pl'*llS-Ol:~l'J'!" - - ,....., ......... , .... geatD by .... • .. lmngeo.dd,..... .... _d __ •. - hdlctaig ..... 1Dptflt-iltlilqllll;b' ......... llll ..... ~...,. ........... ~ Depnmrt tl.-d • 109 Sit snet. Sull 3113. GI-; - ) CowflMt.GlllMl:lodSipdogr.Qiw ! •••• - _ ... am. md S:OOpJI\. flnllr .... AldlJ'. ~,--:~· lhllald'llMl:lpMcflllrhgcn"'~....,._tar .. _ .... cf~. -. ..... ct7:GO ..... c:a.~Bamd.d~Gdlll~ _,..,. .. ,......, __ < ,}· .. . . ,. . ·-: ·~-J· ·-~~;;.t:(4;rr ~ ., PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO. } ss. COUNTY OF GARFIELD . 29462 1, ...................... Gar.x ... lli.cks.o.n............................................... c1o solemnly swear that I am ............... .P..UV.li.S.her.............................................. 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 bas a genetal circulation therein; that said newspaper bas been published continuously a00.:uninten:uptedly 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 lo the United States mails as second-Class matter under the provisions of the Act ot 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 published in the regular and entire issue of every number of said newspaper for !he J?Oriocl of ...... L ..... consecutive insertions; and that the first pub .. licatiOD of said notice was in the issue of said newspaper dated -~'i!.P.J.~m.b.gr.:.J.L .... .A.D., 19 ... ~-~ .... , and the last publication of said notice was in the issue of said newspaper dated ... S..eP..t...J.l .. .A.D • 98 19. ___ _ In wimess wbereo! l have hereunto set my band this ... -ll:tb. day of _.5.ep.tem.b.er:... __ -4-_ AA_, l~_g_g__ (SEAL) •. My Co~~ 2014 Grand Ave~ Glenwood Spdngs, CO. 81601 UNITED STATES POSTAL SERVICE 11 · 11 First-Class Mall Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • · OOL-ANEY & BALCOMB ti.~ OOAWERl.90 tlll:t.JWOODSFW~<XJ Bl8D.2 SENDER: • Check box at right if you require Restricted Delivery • Print your name and aOdress on the reverse of this form so that we can return this card 10 you I also wish to receive the following services (for an extra fee): D Restricted Delivery Consult postmaster for fee. • Atlach this form to the front of the mailpiece, or on the back if space does not permit. • The Return Receipt will show lo whom the article was delivered and the date delivered 3. Article Addressed to: 4a. Article Number p 966 846 374 Hoain Che• 4b. Service Type J04 Weatballk ll.d, Glenwood Sprtnae, co 81601 }( CERTIFIED 5. Received By: (Print Name) 6. Signa x Domestic Return Receipt SENDER: • Complete items 1 and/or 2 for add1honal services • Complete items 3, and 4a & b I also wish to receive the • Pi1nt your name and address on the reverse of this form so that we can return this card following services (for an extra fee): 1. D Addressee's Address to "'" • Attach this form to the front of the mailpiece, or on the back if space does not permit 2. D Restricted Delivery Consult postmaster for fee. • Write "Return Receipt ReQuested" on the manpiece below the article number. • The Return Receipt Fee will provide you the signature of the person delivered to and the da.1 of delW . 3. Article Addressed lo: Wofoleob aod Harta 8ukonki 5704 South Neenah Avenue Cbioa~o, lL 60638-3306 tgnature -(Adifressee) J _ · Ila~ 1b...J-...:, ignature -(Agent) PS Form 3811, December 1991 4a. Article Number p 917 181 998 4b. Service Type :0 CERTIFIED 7. Date of 8. Addres 's ddr s (ONLY if requested am:J fee paid.) DOMESTIC RETURN RECEIPT ' ' SENDER: • Check box at right if you reQuire Aest6cted Delivery • Print your riame and address on the reverse of this lo<m so that we can return this card to you I also wish to receive the following services (for an extra fee): 0 Restricted Delivery Consult postmaster for fee. • Attach this form to the !root of the maitpiece, or on the back if space does not permit •The Return Receipt will show to whom the article was delivered and the date delivered 3. Article Addressed to: ~oaoph aud &wa aiclley JP349 11.yaia ~ad 8terlilij; liolghte, MI 48310-2684 5. Received By: (Print Name) 6. Signature: x 4a. Article Number p 966 846 366 4b. Service Type )8( CERTIFIED 7. Date of De live~ 9-1.5>~ 8. Addressee's Address Do!llestic Return Receipt JER: :k box at right if you require Restricted Delivery . vour name and address on the reverse of this form so that we can return this card I also wish to receive the following services (for an extra fee): ""' .ltach this fa<m to the front of the mailpiece, or on the bacil ii space does not permit rhe Return Receipt will show to whom the art'de was delivered and the date delivered. . Article Addressed to: Allan and Lori B1atler 18 Dolor .. Cir • . Olenwood Sprt.naa, CO 81601-9058 5. Received By: (Print Name) 6. Signature: (Addressee or Agent) x M.._ 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number p 966 846 376 4b. Service Type )81'. CERTIFIED , 7. Date of Delivery 8. Addressee's Address Domestic Return Receipt ~~~~~~~-~-~-~-=-~-~-~-=-~-~-~-=-~-~-~-~-=-~-~-~-=---------------------------r---------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SENDER: • Check box at right if you require Restricted Delivery • Print your name and address on the reverse of this form so that we can return this card I also wish to receive the following services (for an extra fee): to :.w • Attach this form to the front of the mailpiece, or on the back if space does not permit • The Return Receipt will show to whom the article was delivered and the date delivered 3. Article Addressed to: D Restricted Delivery Consult postmaster for fee. 4a. Article Number p 966 846 375 PhtlH.p and Carolyn Meadovcro!t 4b Service Type 659 llOloru Cir. Olenvood Sprtqe, co 81601-llOS8 ~ CERTIFIED c c 5. Received By: (Print Name) B. Addressee's Ad Domestic Return Receipt SENDER: • Check bo~ at right If you require Restricted Delivery. • Print your name and address on the reverse of this form so that we can return this card I also wish to receive the following services (for an extra fee): lo yoo • Attach this form to the front of the mailpiece, or Oil the back ii space does not permit •The Return Receipt will show to whom the article was delivered and the date delivered 3. Article Addressed to. RogertTro11t 660 llUo St, A11rora, li) llOOl 6. Received By: (Print Name J 1, December 1994 • ):,,~~ 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number p 966 846 430 4b;Bervice Type )8( CERTIFIED 7. Date of Delivery 8. Addressee's Address Domestic Return Receipt ---------- SENDER: • Check box at right if yoo require Restricted Delivery • Print your name and address on the reverse ol this form so that we can return this card lo "'" I also wish to receive the following services (for an extra fee): 0 Restricted Delivery Consult postmaster for fee. •Attach this l0<m lo the front of the mailpiece, or on the back If space does not permit •The Return Receipt will show to whom the artlcle was delivered and the date delivered 3. Article Addressed to: l'raDk and Klcbell Ha&-11111 OJ02 Cedar Cove Olerawood Sprlnae, co 81601 5. Received By: (Print Name J 4a. Article Number p 966 846 361 4b. Service Type )( CERTIFIED 7. Date of SE~ l G 1998 8. Addressee's Address Domestic Return Receipt ----------------- SENDER: ,. •Check box at right If you require Restricted DeiiJer)'. • Print your name and address on the rel.'0rse of this form so that we can return this card to yoo I also wish to receive the following services (for an extra fee): D Restricted Delivery Consult postmaster for fee. • Atlach this form to the front of the mailpiece, or oo the back if space does not permit • The Return Receipt will show to whom the art;cle was delivered and the date delivered 3. Article Addressed to: Hark and Nana,. Baoker 316 Waatbank Road Olenwoo4 Springe, CO 81601-9328 5. Received By: (Print Name) 6. Signature: x PS FOR 4a. Article Number p 966 846 373 4b. Service Type )81'. CERTIFIED 8. Addressee's Address Domestic Return Receipt SENDER: • Check box at right ii you require Restricted Delivery • Print your name and address on the reverse of this form so that we can return this card to>"" I also wish to receive the following services (for an extra fee): 0 Restricted Delivery Consult postmaster for fee. •Attach this form to the front of the mailpiece, or on the back if space does not permit •The Retum Receipt will show to whom the artk:le was delMlred and the date delivered. 3. ticle Addressed to·. Jlollert S)'llder JOS 8. Oal•oa St., Sutto A Aapen, co 81611-1817 A 5. Received By: (Print Name) 4a. Article Number p 966 846 368 4b. Service Type )( CERTIFIED 8. Addressee's Address Domestic Return Receipt ------------------------ -------------- - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SENDER: • Check boK at right ii you require Restricted Delivery •Print )Qllr name and address on the reverse o! this form so that we can return,:l1is card I also wish to receive the following services (for an extra fee): to you •Attach this fofm to the frorit of the mailpiece, or on the back if space does not permit •The Return Receip1 will show to whom the article was delivered and the dale delivered :r-Article Addressed to: Ric:bard U&•• 4Sl6 Lover• lane, 1283 D9ll••• TA 7S22S-6925 5. Received By: (Print Name J 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number p 966 846 369 4b_ Service Type )g'. CERTIFIED 8. Addressee's Address Domestic Return Receipt SENDER: ~ •Check bo~ at right If you require Restrk;led Delivery _..,.-I also wish to receive the following-set'Yice:S\fO?'arr extra..fee): • Print your name end address on the re11erse of this form so that we can return this card to YoU --~..,,,._,.e---------"' D ..Restricted Oelivery' ·::-: • Atlach this form to the front of the ma1ll)iece, or on the back if space does not permit • The Return Receipt will show to whom the article was delivered and the dale delivered . Article Addressed to: Jo••Pb front KAtkf.wtc11 712 Uu•bill&4A" Drlve Oleavooca Spring•, co 81601•9064 5. Received By: (Print Name) Cons.Ui~ · ;;t~~~f'.~k;r_ Jee.-.- 4a. Article Number --·-"'--...... p 966 846 ::tt.·t··. 4b. Service Type ')( CERTIFIED 7. Date of Der c------- Domestic Return Receipt ~--~-~-==-=-=-=-=-=-=-=--==-===--=-==-=-=--==-=-=-=-=-=-=--~~~~~~~~~~~~~~~~~~--------------------------------------SENDER: • Check box at right Jf you require Restricted Delivery. • Print your name and address on the reverse of this form so that we can return this card I also wish to receive the following services (for an extra fee): to yoo •Attach this form to the front of the maitpiece, or on the back If space does not permit •The Return Receipt will show to whom the article was delivered and the date delivered. . Article Addressed to: Mark Ky.re P.O. Box U6 OleDVOOd Sprlaga, co 81602-0156 5. Received By: (Print Name} D Restricted Delivery Consult postmaster for fee . 4a. Article Number p 966 846 378 4b. Service Type )( CERTIFIED D()mestic Return Receipt SENDER: • Check box at right if ycu reQuire Restdcted Delivery • Print )"OUr name and address on the re11erse of this form so that we can return this card to "'" I also wish to receive the following services (for an extra fee): D Restricted Delivery Consult postmaster for fee. • Attach this form to the front of the mailpiece, or on the back if space does not permit • The Return Receipt will show to whom the article was delivered and the date delivered 3. Article Addressed to: XJ•ll and S&Ddra Mitchell 21S Dolor.. Circle Oleawoo4 Bpriaa•. 00 81601-90$8 5. Received By: (Print Name) 4a. Article Number p 966 846 370 4b. Service Type ){ CERTIFIED 7. Date of Delivery DQmestic Return Receipt ',;.! ;-- -~~~~~~~=_::_:--'-"---=-=--"-"--_::_:--'-"---=-=---=.=--_::_:--'-=--=-=-~--'-"---=-=--"-"---=-=--'-"---:..::..:c:~ -------- - - - - - - - - - - - - - - - SENDER: • Check boK at right ii you require Restricted Delivery • Print your name and address on the reverse of this form so that we can return this card I also wish to receive the following services (for an extra fee): to yoo • Altach this form to the front of the mallpjece, or on the back if space does oot permit. 0 Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date dalivere~. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Mark Courtney 20 Pine 6tr:Mt C&rboiulale, CO 81623•2230 5. Received By: (Print Name) 6. Signature: (Addressee or x. p 966 846 372 4b. Service Type ):( CERTIFIED Domestic Return Receipt SENDER: • Check box at right ii Yoll require Restricted Delivery • Pr\nl YoU' name and address on the reverse of this form so that we can· return 1hiS card to "'° I also wish to receive the following services (for an extra fee): 0 Restricted Delivery •Attach this form to the front of the mail Peca, or on the back if space does not permit •The Return Receipt will show to whom the artk:le was deli'-'Elred and the date delivered. 3. Article Addressed to: aoaer and Lorrie Brown 241 J;Jolor•• Cirole Olenwocl Sprtaaa, 00 81601-!>0'8 5. Received By: (Print Name) Consult Postmaster for fee. 4a. Article Number . p 966 846 371 4b. Service Type )8( CERTIFIED ti, Domestic Return Receipt 1.'/ SENDER: • Check bol( a! right ii you require Restricted Delivery. • Print your name and address on the reverse of this form so that we can return this card to "'" I also wish to receive the following services (for an extra fee): D Restricted Delivery Consult postmaster for fee. • Attach this form to the front ol the mailpiece, Of on the back If space does not permit • The Return Receipt will show to whom the article was delivered and the date delivered 3. Article Addressed to: AIMlr.,, and Mary Obrochta 2834 Sol.Ith Olea AVeDUa Oleavood Sprtaae, CO &1601-4418 5. Received By: (Print Name) 6. Signature: I Addressee or Agent) x 4a. Article Number p 966 846 365 4b. Service Type -------- GARFIELD COUNTY Building and Planning Department October 15, 1998 Fred & Dendy Heisel 0187 Fairway Lane Glenwood Springs, CO 81601 Dear Mr. & Mrs. Heisel On Monday September 28, 1998, The Garfield County Board of Adjustments granted your request for a variance from Section 3.03.06(3)-Side yard setback. If you have any questions please feel free to call or write this office. Sincerely, CJ1J4 ~ Cathi Eding~ Building & Planning Tech 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- - - - - - - FDR---7'>f-'~,.J-.l-:;!;--;"1~~~~~~~~-t"':'=;~ DATE -==1--..._,t.-'"--""'----,.-r---:-TI M rJ 0/)() M--c-J.7''-«-"'-"~-(-!-~~"'-'+----~ DF-~~~~7"'"=--:=---,-..,:=---,.-:-=====- PHDNE ~=-=!q'=:'-("'--'$""'----~(J;o...,5~t.f'='°(e<--~=- AREA CODE NUMBER EXTENSION OFAX o MOBILE~~==============-AREA CODE NUMBER TIME TO CALL A ~--- TELEPHONED PLEASE CALL ~ CAME TO SEE YOU WILL CflLL AGAIN I WANTS TO SEE YOU RUSH RETURNED YOUR CALL SPECIAL ATTENTION . MESSAGE -=====~========-~ f(.LfS<Mcn I I 'j westbank Mesa Homeowner•s Association 021 s Dolores Circle Clenwood Springs, co 81601 September 9, 1998 Board of Zoning Adjustment of Garfield County 109 8th Street Glenwood Springs, CO 81601 Re: Variance application: Lot 13, Westbank Ranch, Filing 4/ 0301 Dolores Cir. Dear Board Members: I am writing on behalf of the Westbank Mesa Homeowner 1 s Association in support of the variance application of Fred and Dendy Heisel. The Association has become familiar with the circumstances surrounding this application, and respectfully requests that the Board grant the variance. It is our understanding that one of the factors to be considered in granting the variance is the impact on surrounding properties. We believe that the impact of granting this variance would be negligible, and we do not anticipate any dimunition of our property values as a result. We feel it is in our interest to support the variance. Further, we do not wish to see the Heisels put through the hardship of modifying the existing structure to conform to the ten foot setback. We believe granting the variance is in the best interests of the Heisels and the Homeowner 1 s Association. Thank you for considering our statement of support for this variance application. Sincerely, WESTBANK MESA HOMEOWNER 1 S'ASSOCIAT ' By '_S~--r CJ, -tJ'e// /Jl!~chP~ 1:J,,-"_,1 ~,,,j- ~~~~~~[ GAFifiC.Ll.l Cl>V;·J rY Zoning Board Of Adjustment 109 8th St. Ste. 303 Glenwood Spgs, CO. 81601 Re: Lot 13, Westbank Ranch Filing 4 Dear Mr. Chainnan 9/22/98 We are the current owners of Lot 14, Westbank Ranch Filing 4 which is west of Mr. & Mrs. Heisel's building location. We have both reviewed the site and spoke with Mr. Fred Heisel. It became apparent to us that the Heisel's intent was to build within the required setbacks as outlined in Garlield Countys zoning codes. We both feel that the encroachment (2.67 feet) of the setback will not interfere with our future development plans nor cause us any economic loss. We therfore ask the Board to grant the Heisel 's variance request. Yours truly, Signat~~ "'"""~------------ - GARFIELD COUNTY Building and Planning Department September 2, 1998 Fred and Dendy Heisel 0187 Fairway Lane Glenwood Springs, CO 81601 RE: Variance -side yard setback -Section 3.03.06(3) Dear Mr. Heisel: This letter is to inform you that you request for a variance of the requirements contained in Section 3.03.06(3) 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 8"' 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 I Fax: 285-7972 109 8th Street, Suite 303 Glenwood Springs, CO 81601 PUBLIC NOTICE TAKE NOTICE that Fred and Dendy Heisel 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: Lot 13, Westbank Ranch Filing 4 Practical Description: Heubinger Dr., Westbank Ranch PUD. Said variance is to allow a side yard setback of 7.33 feet, a variance of 2.67 feet to the standard setback of 1 O feet. All persons affected by 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 109 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 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County .,,.. ·-· NOTICE on 6fP't;;t.(!LR.. 28 I lcf98 ( d•t•) at (time) -9:: M 121--1 Date Notice Was Posted=--------By: ______________ _ For additional information, contact the :g. >r t-DJ/<f' ., 01Nu 1N. r= at 'HS 12_1 ~ or _____ , 109 8th St. Suite , Glenwood Springs, CO 81601 BOA 9/28/98 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING ZONING: I. DESCRIPTION OF THE PROPOSAL Variance from Section 3. 03. 06 (3 )-Side yard setback. Fred and Dendy Heisel A tract ofland identified as Lot 13, Westbank Ranch PUD, Filing #4, according to the plat recorded as Reception# 463059 1.04 acres Dolores Circle R/L/SD. \ A. Site Description: The subject property is lo,cated within the Westbank PUD, Improvements on the site include an single family residential dwelling under construction. A site map is attached on page 5 B. Request: The applicant is requesting a variance of2'9" from the standard side yard setback of I 0 feet. The request is due to inadvertent pour of the foundation is the setback area. The encroachment is due to the misidentification of a corner lot boundary stake. (See application pgs. 4-t 17..) II. MA.TOR ISSUES AND CONCERNS A. Zoning: Section 5.05.03 (8), normally requires a 10 foot side yard set back. The applicant has indicated that the neighbor to the west, Mike Silvia, has no objections to the encroachment, and that upon written approval from Mr. Silvia, the Homeowners association will also provide written approval of the encroachment. At this time, Mr. Silva has not provided written, but has provided oral approval to staff The applicant did pursue and receive a valid building permit for construction of the dwelling. (I) 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 prohibit placement of the home in the side yard setback area. The applicant is seeking relief from the setback standard due to a misidentification of a survey stake. Due to the fact that the applicant did, in all good faith, obtain a building permit and did seek relief from the regulations, the mistake was in fact not the fault of the applicant. To require that the applicant modify the foundation to meet the setback requirements would impose a greater hardship upon the applicant for a mistake which was no fault of the applicant. 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. 4. That the public hearing before the Zoning Board of Adjustment was extensive and [t..) 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. ..... .,'"' VARIANCE AP PUCA TION A 1n GARFIELD couNTY zoNINa BOARD oF ADJusTMn......_....___uG 2 ,7 1998 LJ 1 Pursuant to Section 9.05 of the Garfield County Zoning Resolutio~lliiU) C10LWJY .. Resolution Fv:ed Akld bently ±Je1 sel , request(s) a variance to (applicant/owners name) Section 5 · 03.C¥o~ ~of the Ga~ County Zoning Resolution concerning rn i hiM u 111 s<ck. ¥ovd 'i?et bes dC,, to pennit 0.. ~foot setb.H4 q qqrt in the _r?-=i./l-""'"'(S""D"----- ~one district. 7, ? ~ S!IBMIITAL REQl/IREMENI.S.: 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 excx:plional narrowness, shallowness or shapi: of the specific piece of property at the time of enactment of this Resolution, or by reason of excx:ptional topoi:rnphic corulit.ion 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 (3l: 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 $250 fee must be submitted with the application. PROCEDURAL REQUIREMENTS· I. Submit applications to the Garfield County Planning Department no later than the last Friday of the month in order to be included on the following month's agenda. Regular meeting of the Zoning Board of Adjustment scheduled on the fourth Monday of each month at 7:00 p.m .. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice fonn) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days plior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. (section 9.05.04 (I). 4. Notice by mailing (of the public notice form) shall be sent by certified return-receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (Section 9.04.04 (2)) (signatures of applicant/owner) (Worz.\C.) (tfoME) APPLICANT: ttZE.l>$b£NDY +jf:IScL PHONE: 9L/5-b5Yle 012.. 39SO MAILING ADDRESS: C21$l}1 FA1gw6V LMJe 1 GL£NlY'X:lDSf?6~. CO f\l(oQI OWNER: Ft?eo :tl'B'!J?'( HetSF..J..,.. PHONE: --'--"------ MAILING ADDRESS:~~·~\---~~-----~---~--~--'----~ --- -ff) -l ~ ~ I I w ~ . ti Ji .~ I I 3Jr , 7,§' " " " I /rs.s· I I I I I I I . ~ I~ I 1~ I I I I I I L f'REF'ARED FOR' Fred Heisel Jol::d• ' -"08"'2'-'0-'-0 __ _ coord flle ' 98200 dlin b:j ' ll. CQQrfill- ExltJtlng Foundation Location Survey Lot 13, We&tbank Ranch Filinq 4 ~~".~ 1 1 , $.c~ ~b2~';.P/!Jg~~Pn'r~ Gt1rfield County, Colorado ,,. ~~;-·'--· --____ : _____ \ 147.40• ··.· --·-----......____ ~ V" c(.('O.o \----~----•' ~ , fou~--cop..__ -1.nn;y~ I) I \ PLS .N 5933-Apparently \. Moved du~mg utility installation /.l~Jd 0 Jd qO -711i>tric:> ?~y --.;--.. · - _ :JN<Jtl c1:il? n r ---i' ~, ~ .----------------~--, ~ !1 1~ ~ orvv '>~ 1('vOI<;IOJ7Jl 1"?t?JJ )3'1., " •• " :• 12 Sq.Ft. 1 ~ ()t 15 - -NOTES - 1) nw:; SOL£ PURPOSE Of lHIS MAP IS ro SHOW TIIE OUTSIDE EOG£ Of FOUNDATION WAllS. AS CONSTRUCTED. THIS SURVEY DOES NOT REPRES£NT ANY OTIIER TWE OF SURV£Y, SUCH AS A COt.IPLflf IMPROVEMENT SURvt:Y, IMPROV£MENT LOCA TlON CERTlflCATI::, ETC . 2) nns MAP WAS PREPARED Wlll\OUT BtNEFlT Of A CURRENT TlllE COMMITMfNt ANO DOES NOT REPRESENT A TlllE SfARCtl BY nus SURl/EYOR 00 RP/ER CHY SURVEYS, l.l.C. Of TIIE PROPERTY SHO~ TO DETfRt.41NE 0-.NfRSttlP, COMPATIBILITY 'MTH ADJOINING PARCELS, OR EASEMENTS OR DlCUMBRANCES Of RfCORD AffECTING l111S PARC£L 3) RIV£R OTY SURV£YS 'MU NOT BE RESPONSIBL£ fOR AN¥ CHANGES MADE TO TiilS HARD COPY DOCUMENT OR ELECTRONIC DRA¥.1NG fll£ AfTER IT lIAV[S OUR POSS£SSION. ANY COPY, fACSO..tlLE, ETC .• or nus DOCUMENT/DRAWING fllf MUST BE COMPARED TO filE ORIGINAL SIGNED, S£Al£D AND DATED DOCUMENT TO INSURE n1E ACCURACY or ntE INfORMATION SllO'M-1 ON ANY SUQI COP¥, AND TO INSURE filAT NO SUCtl CHANGES HA\£ BEEN MADE. 148.7.9' _J I I I _,,, I I I I I I I !? N I I .30 0 5 .30 ~ w w I I SCALE : I INCi-i = 30 FEET I, filE UNOERSIGN[O. BEING A REGISTERED PROfESSIOOAL LAND SUR\1: YOk, LICENSED IN ntE STATE Of COLORADO DO tlEREBY CERTIFY ltlAT ON nus DATE, Auqu1t '4, 1998. n-us fOUNDATION. LOCATION SURV£Y WA~ PRU'AAEO BY RIVER CITY SIJR'v{YS, l.LC., UNDER M¥ OlRECT SUPER'v1SIOf'I ANO CllEO<IUG ~~e,r.•AT THIS MAP IS TRUE Alm CORRECT TO "":~S! ."'*MY l<No~ .. iDGE ~/j[) DAVDA.~ ·1· ·, -1·· 1 ' 1 ' ' • CCl.O. REc.. PJ-5., '9<'.>~'30 .'; • .·. . . ~ , Fa< ' al SEWJ.}' Cf' ' ' . . . -=-· ' .. ;r·t;iht FINAL PLAT OF THE: WESTBANK RANCH PLANNED UNIT DEVELOPMENT, FILING No. 4 RESUBDMSION LOCATION MAP 2000 0 2000 4000 ~l""'\llil-rJ.-~-~~~ GRAPHIC SCALE IN FEET 1 INCH •2000FEET (s) ( \?) I jl' , I 6000 I I I I , t ,... N 1-___ _:g::!.J.~. 1- • -21'00§3 g ~=in~ : ~~'lgJ'J8"E ~~ • -g&,'"' :\8 R • 6 ·\lP -'O r·. 2s.14 "'Z L • ·51.45' 0 N I- 0 _, CL • 51.4.3' • N84"59'2s·w Ol ~ ,... 00 ~ I-~ I-0 _, I-0 0 _, _, OCIMJll OI LOT :tt. AHO: CiCftEIU« OF «I llO(. NON-cxc.usr.t ltiCC£U !KW> TO 1AHQ~ rot ~ RANCH f4. #KJ LOT U .vc; COll(JUC" U .rt 'M)(. NCIN-o:a..LISNl ..... TPl..9C l4S[M£NT 'Olll ll018Alol< ltAHC>t ,,._ OPEN SPACE ~&1 rg Iii co· iO ~ ~ I-I-0 _, 0 _, SHEET 5 .. ,, .............. .., EASEMENT FOR WESTBANK #4 j I j I j I i I i I j I i ! ~1£ ~1~ ~, : : l-o _, SCCTION CORHOI lilASS C"'1' '~0 JN ,.~ ... a: t-7-S. 11-•w-w 1n1.12· I l-o ...J -=r'~~ ... -·--·-·--·--·--·--·--·--·--·----·--·--·--·--·-----·--·-------·--·· .... "'''.------'---11 1 :·i" PROPERTY BOUNDARY & ROAD AND LOT LAYOUT SCALE: DATE: SHEET 1• K 200' MAY 6, 1994 2 OF 7 DRAl'IN BY: CHKO BY: APPO BY:.· PLAN NO. TCP MJG JFG 93119\BAS-LAY , .. ... i" :~1-•... ~1 .. ·:·.·~ ~· ... ·.~,. ........ .11·· OPEN SPACE LOT 6 · LOT 7 LOT 8 O?:::N SP AC RES'D::::\ ~:/\ R ::-S'";::-·,-"IA _._,)_,, ROAD R c~-1 WES'. FILING JE°8o~\ c GLCNWOOO 111111iiim11m••••llU ,,~, 123419 14/llfl ... 141• 11112 PUl II _.- 1 et l II I. II D I. 41 DMl'llLD eGlllTY CO Ptltd for tttord tht_dly of .... o. ,, . .. o 1cloc.k--r;,M • 6DUJHCGIDll ll'Ceptton lo. ,, WARRANTY OF.ED nns M!t>, Mtdt on th t 1 dty of Mtll JO. 1!9! . .. ,_ WACLAW TOPOR AND MAROARl!TTOPOR of th• Cour\ty of QARFIELD •nd St1.e of Colnr1dn , of 011 Orem:o,.(tJ, Ind FREDRIC1. HEISCL AND DENDY M. HEISEL Nhott ltt•l addre11 I•, 0197 FAIRWAY LANEt GLENWOOD SPRINGS~ CO 81601 of the County of dARflCD ind St1te of olnr1do • of the OrentH(l)I WIT'NES.", Th1t tht Gr1ntor(1), fo· and In COl'llldtrttlon of the 11111 of ( ) ••• Nintty Pcltir 'l'hnuM!nd 1nd OOtlOO ••• DOLLAU th• receipt end 1ufftcf~y of Nhlch I• her~ 1cknowledttd, h11 1r•1ttd, 1Mr11tntd, told Ind convtyed, end ~ th"t prff9ntt cto.& frtnt, Nr111ln, tell, conwy ind conflr111 ...,to the Gr1ntee(1>, their h1lr1 9nd 111ltnt for.wt, not In tfl'*1tY In CCllllllOl'I but tn joint ten1ney, •ti the real property, t09eth1r with l111prov11111tnt1, If .,,,,, 1ltutt1, tying tnd being In the County of GARFIELD _ •nd lt•te of Color9do, detcrlbed •• foll0wt1 LOT ll WES'TBAllK RANCH PLANNED UNIT DEVELOPMENT. FILING NO. 4 AC"CORDINO TO THE PLAT THEREOF RECORDED AS RECEPTION NO. 4630$9 COUJ'ln'Y OP GARFIELD STATE OF COLORADO •110 known •S •tr.et r'IU!lber TOGETHER wfth ill and slntul•r •nd heredltMients •nd IPJ>l,lf'teMnce• thereto belonglnt, or In enyMl1e eppert1lnfnt •nd the rf'verslon •nd reversions, remelnder Ind re111111lnders, rent•, fttUH trd profits thereof; Ind Ill the fftlte, rtlht title Interest, cl1f11 •nd deNnd whatsoever of thf' Gr1ntor(s), either In ltw or equity, of, In Ind to the above btrflhwd preml1es, with the heredlt11111ents •nd •PP1Jrten1nces, TO HA.\'E A.NOTO HOLD the ••fd premises 1bove blrgalned •nd described with 1AX1rtentncff, \nto tht Gr1ntff(1), their heirs 1nd 111fgn1 forever. The Gr1ntor(1), for hl•elf, his heirs 1nd persontl r9Pre1ent1tlYH, does coventnt, tr.rt blrgsfn, •nd 1gree to 1nd with the Gr1ntee(s), their heirs ind 111lgns, th1t •t the thne of the enseiltnt Ind deltwry of these presents, he ·ts well seized of the pretnfses above conveyed, hat good, sure, perfect, abtolut1 atid fndef111tbl1 est1te of lnherlt1nce, In l•w, In fee 11~11, •nd hit good right, full power tnd ltwful authority to 1r1nt, blr11tn, sell •nd convey the tllllC! In 1111nner 1nd fonn ts 1fore11td, tnd thft the tlflllt 1r1 free Ind cte1r frOIJI Ill -fort1tr Ind oth1r 1r1nt1, blrgtlns, sites, liens, t•1tes, 111e111111tnt1, encllltlr•nces Ind restrictions of wh1ttver kind or natur• totvt~ EXCEPT OEtlERAL TAXf.S AND ASSESSMENTS POR THE YEAR 1998 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEME , RESERVATIONS. RESTRICTIONS. COVENANTS AND RIGHTS OF WAY OP RE!CORD. IP ANY The Gr1ntor{s) shill and wll l WARRANT AND fOREVEll: DEFEND the above bflrgatned prC!llllt•t tn the quiet •lid pe•ce•ble po11•11lon of the Grantee(•), his hetr• end 11•lgns, •oalnst •ll •lid irvery perton or per•ons lawfully cl1i:11tno th• .,.,ote or •MY ptrt thereof, The 1ingul1r ftlll'ber shalt lncttde the ptur•I, and the plur1l the 1lnguler, and thit ute of any tender shell be epplfc1bte to 1tt genders, IN \\'ITNESS \\'HEREOF the Gr•ntor{t) hes e1tecuted tht1 deed on the date tet forth ebovt. A,/~ fu WACLAW ToPOR ' _,..-rkJ, I~ ~" ('> ~--i ' RA1™' 7 :f STATE Of C11lnr11dt1 ) )SI, COl.rlty of GARFIELD ) The foregoing lnstrunent w1s 1cknowledged before 1111t on this dty of Aerll 10 1998 . by WACLAW TOPOR AND MAROARET TOPOR My conmtsslon e1tplres m ,/)_, .... {-Witness my hind 1ncf offfclet seal. • • A ............. • ·····-··-v ( tl~Y P\l)\1c ~-w nl IAl'n . •• . encl Aagrtss of p son Cre• Letti 111 er I pt ton ( .>a·JS·iut>.5, C.R.S.) Escrowl GW223878 STATE Of COLORADO""'" ,, orded Return to: gif~ MF' L'J!lil:DENDY M, HB!SPL Title# GW223878 ............ ~·············· Mr comi"'"'°" [llOirff Ol/Unoo1 (--:.) GtERBCDD S~Bl8YS. CD BJ6DI FoNll NO, 921A. ltev ,.94. WA.ltltANTf OffD ('"o Joint Tenent1) -' WESTBANK RANCH PUD #4 RESUB Lot 7 Richard Bass 4516 Lovers Lane, #283 Dallas, TX 75225-6925 Lot 8 Kjell and Sandra Mitchell 215 Dolores Circle Glenwood Springs, CO 81601-9058 Lot 9 Roger and Lorrie Brown 241 Dolores Circle Lot 10 Lot 11 Lot 12 Lot 14 Lot 15 Glenwood Springs, CO 81601-9058 Mark Courtney 20 Pine Street Carbondale, CO 81623-2230 Mark and Nancy Becker 316 Westbank Road Glenwood Springs, CO 81601-9328 Andrew and Mary Obrochta 2834 South Glen Avenue Glenwood Springs, CO 81601-4418 Hojin Chee & Michael Sylvia 504 W estbank Road Glenwood Springs, CO 81601 Joseph and Ewa Ridley 39349 Ryan Road Sterling Heights, MI 48310-2684 , I Lot 16 Joseph Trent Ratkiewicz 712 Huebinger Drive Glenwood Springs, CO 81601-9064 Lot29 Robert J. Synder 305 S. Galena St., Suite A Aspen, CO 81611-1817 Lot30 Phillip and Carolyn Meadowcroft 659 Dolores Circle Glenwood Springs, CO 81601-9058 Lot 31 Allan and Lori Butler 18 Dolores Circle Glenwood Springs, CO 81601-9058 Lot32 Frank and Michelle Hagemann 0302 Cedar Cove Glenwood .Springs, CO 81601 Lot33 Mark McLucas Myers P.O. Box 156 Glenwood Springs, CO 81602-0156 Lot34 W ojciech and Maria Bukowski 5704 South Neenah Avenue Chicago, IL 60638-3306 Westbank Ranch PUD #4 August 21, 1998 Page2 VIA: HAND DELIVERY fred-CM'ld-V~ ff.~ 0187 fc«.rwciy Lc;wi,e, Gletw.!ooci-spr~ co 81601 Phone: (970) 945-3950 Fax: (970) 945-8902 August 27, 1998 Board of Zoning Adjustment of Garfield County I 09 8th Street Glenwood Springs, CO 81601 Re: Variance application: Lot 13, Westbank Ranch, Filing 4/ 0301 Dolores Cir. Dear Board Members: Please consider this a statement of our request for a zoning variance. We are hereby requesting a zoning variance which will decrease the setback easement from ten (I 0) feet to seven a "cl ovi e, 1tREI 0RB half(7.5) foet along the length of the west boundary line of Lot 13, Westbank Mesa Ranch -thi r~ ) P.U.D., Filing No. 4. This request is made in connection with new home construction on Lot 13 (the (7 · 3 3 property commonly known as 0301 Dolores Circle, Westbank Mesa Subdivision, Glenwood Springs). The following is a narrative of the reason for this request. We are requesting this variance to come into compliance with the setback requirements for the subdivision and county. We are currently out of compliance due to two foot, five inch encroachment of the new home on the setback easement which is located along the west boundary line of the property. (Please see the improvement location survey included in the application packet, which depicts the encroachment). We began construction of a new home after obtaining a building permit from Garfield County in June, 1998. At the time construction was initiated, the boundaries and setback lines were located according to survey stakes in place at the comers of the lot. However, due to mistake, the survey stake for the south-west corner of the lot was mis-identified, and the boundary and setback were mis-located based on this mistake. The map attached hereto as Exhibit A and incorporated herein by this reference depicts two comers of Lot 14 which have been identified as "A" and "B." The boundary line was located according to the stake on corner "B" rather than according to the stake on corner "A" as it should have been. This accounts for the mis-location of the boundary and setback lines, and the resulting encroachment. We will experience hardship if this application for a zoning variance is denied, as the foundation of the new home was already in place at the time the mis-location of the setback was ( 10\ Statement of Variance Application Fred and Dendy Heisel Page 2 discovered. We would be required to remove a portion of the new home at great expense and difficulty, and believe the value of the home would be negatively impacted by such alteration. We have contacted the owners of Lot 14, which is the property most immediately affected by the encroachment. The Lot 14 owners have represented to us that they are in favor of the variance and do not desire the removal of the encroachment from the setback. We respectfully request that the Garfield County Zoning Board of Adjustment grant our request for a zoning variance which decreases the setback easement for the west side of Lot 13, Westbank Ranch P.U.D., Filing No. 4, from ten (IO) feet to seven and GHc•half-(9:5} feet. We believe this is the minimum variance necessary to alleviate the problem. Ot\e-~ v.<r cl U. ·3 ·~) Very truly yours, ~71/~r Fred and Dendy Heisel ( 11) • --- -. ~ e • ~--- ~ ' i ".!:-~--~ "::"' ~ ~ \ ~ • ; --· . -' - /4.Rt..A: '.84 Ac. 524.27' \_ -SBL80 so7'2t!S8"w - - -r--S81 - --__ 82 \ \ \~LO\ 15 \ >-.R(~: 2.\ 7 /4.C. L -S8l8'4 --WC -S8L72 :ll ' -\ .~ - _ .... -ot I !/I ~I .... OJ~ ..... I l "'·f ', '" ';O'~ ' ' ~ ••• oft'• ' • "~ , .... ••• I .(1,. -'., I ·"1 . f':., ( , -~ -•) I ~ (Jt' • I co -II • _.a I t ( - 162: - --J -.., S&r..16- I :S I • I ~ I ! I _J . ~ »-01 '\ 4 ~ >-r:=-~ \!Ii 66 ~ ----·· .. -----~ -.. ;o 0 ---_c..------" "' sor·4'-'' "E ~ /.$ AREA: 1.91 /..C. 0 I~ ?: --\ ~I . ~ •" § . ' ~ ;;;/ • se• 75 %} ~ " ® :-:If .sr--_..:::.. ,.., z I .... !>IOI -" .. <D t • I ~ +z f" . ---" "! ...,.. ' SBL66 --!: ~ I ); 0 \?1 l 01 '\ 3 c-''lf> M i •· l" . \:..i ! • '·-" -.J i~ g:I • ; ...... b. c. "'I 6 I A.RE'· i .04 t-c -I ~;\ =m.m·--_ ·:SL68 j F'"'"-ssl62 - --~ ---., \ N07'27'58•£ r··· -sel.16"6 - -