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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~~
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A
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--------
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/)()
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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:~~·~\---~~-----~---~--~--'----~
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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
~~".~
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, $.c~ ~b2~';.P/!Jg~~Pn'r~ Gt1rfield County, Colorado
,,. ~~;-·'--· --____ : _____ \ 147.40• ··.· --·-----......____ ~
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\ PLS .N 5933-Apparently
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-
-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.
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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
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FINAL PLAT OF THE:
WESTBANK RANCH PLANNED UNIT DEVELOPMENT,
FILING No. 4 RESUBDMSION
LOCATION MAP
2000 0 2000 4000
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:·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.
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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)
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