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Home My WebLink About1.0 Application**** U.S. POSTAL SEF<VICE **** CARBONDALE, CO 81623-9998 071368 35,00 SUE II 03 04-00-98 15:20:12 ClJSlOMER REC El PT '---------------------·-------------·- 109 POST VAL IMP 11.08 ($2.77 ;: 4) TOTAL. CHECK 11026 CHANGE *** THANK YOU *** 11.09 11.08 .00 ----------------------------------- z 267 172 318 Postage $ Certified Fee Special Delivery Fee First-Class Mall Postage & Fees Paid USPS Permit No. G·10 • • Print your name, address, and ZIP Code In this box • CATHERINE STORE 15703 HWY 82 CARBONDALE, CO 81823 ll11l1111 ll1 ll1111l1l11 ll1ll11 d .... .., '·· I also wish to receive the following services (for an extra lee): 1. D Addressee's Address ' 2. D Restricted DellvA Ji Consult pos1master for t'P !! 4a. Article Number z ---------------------------------------~~~- z 267 172 319 Postage Certified Fee Special Delivery Fee Restricted Oerivery Fee ~ Return Receipt Showing to ..... Whom & Date De~vered $ ~ Re1IJm ~ sr..;,g"' wi.... .• < Date, & Addressee's Addi ' "(\ ... mm~======r~~=:======-------1 •Complete Items 1 andlor 2 for additional services. I also wish to receive the 'I •Complete Items 3, 4a, and 4b. following services (for an I •Print your name and addret8 on the reverse of this form so that we can return \hi• extra fee): ~w-. i •Attach this lonn to the front of the mailplece, OI' on the back H apace does not 1. D Addressee's Address • •~Retum RBCSlpt ReqUBSted" on the mallplece below the article number. 2. D Restricted Delivery ti •The Retum Receipt wlll show to whom the article was delivered and the date I Ii delivered. ' Consult postmaster for fee. t 3C. c1e Addressed~ .A / CJ(' /Tc>~ 4a. Arti;_e Numbe~ olora.dO ~ r...,J.f""',_," 4b.ServlceType ~ l./ZOI £, a~ tbr. j}rJ '2'1 I D Registered ~ed ~ D Express Mall D Insured f })€fhl€Y-1 C 0 D Return Receipt for Merchandise D COD !'I Y0.2..2-2._ 7. Date of Delivery ~ ~~~~~~~~~~-+-~~~~~~~-~ 5. Received By: (Print Name) 8. Addressee's Address (Only If requesfod 'i and fee Is paid) I= z 267 172 321 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall See reverse ~t,'o St .. -2. Postage $ Certified Fee Special Delivery Fee Restricted DeUvery Fee i •Complete Items 1 ancVor 2 for additional aervloes. 'I •Complete hems 3, 4a, and 4b. I also wish to receive the following services (for an I •Print your name and address on the reverse of this loon ao that we can re1um this card to you. •Attach this fonn to the front of the mallpleoe, or on the back H apace does not oermt. t! •Write"Retum R6081pt RsqU9St9d" on the mailplece below the article number. ti •The Return Receipt will show to whom the article was delivered and the date extra fee): i 1. D Addressee's Address • 2. D Restricted Delivery g delivered. J 3G~;/ ;;;;:·w·ttium ~~~ 3i/O() (lc/a.rri~ ~ (Ai!. 1>rcx:JI!. I IL Consult postmaster for fee. 4a. Article Number ~z.b 4b. Service Type 0 Registered 0 Express Mall O Insured 0 Return Rscelpt for Merohandise 0 COD ,.; J j l ~ ..,,-,,-..,--..,.,,.---=~~~::....s~~-+.:-:,.,..,..---.~~~ ::...., ___ ~ 5. Received By: (Print Name) 8. Addressee's i and 188 Is ps (:. z 267 172 320 Postage $ Certified Fee Special Delivery Fee Reslricted Delivery Fee ~ t:R"et:-um--=Rece/----:pt-:-:::Sho,.-,wi:-ng""'10-+--------t ..... Whom & Date De· 'E Relum ~Date,& g TOTAL 1 Poo~a ~ i •Complete Items 1 ancVor 2 for additional services. 'I •Complete Items 3, 4a, and 4b. ~~~~~~~~~~~~~~~~~~~------------------------------------ I • Pl'lnt yoor name and address on the reverse of this form ao that we can return this card to you. •Attach this form to the front of the mallplece, Of on the back If apace does not pe""1. !I •Write•R.rum R808ipt ReqU8Sted" on the mall piece below the article number. ti •The Retum Receipt will show to whom the article was delivered and the date I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address I 2. D Restricted Delivery .Ji Ii delive,ed. 13·#;"d::···"(;J~:J {ln17 f?o B~x 15:5'7 W{Jfflr Co 5. Received By: (Print Nsf'flfJ) Consult postmaster for fee. I ~.di 4e. Article Number 4b. Service Type D Registered D Express Mall D Return Receipt for Merchandse 7. Date of Delivery Q. D Insured { D COD J! -P'/~ 8. Addressee's Address (Only If requested snd fee ls paid) Domestic Return Receipt l ! ·~lenwoobost 2014 Grand Ave.• P.O. Bqx 550 •Glenwood Springs, CO 81601 ~ April 10. 1998 Date 29049 Account# Lael Hughes 15783 Hwy 82 Carbondale 81623 ACCT: C Display Ad. D PMT C Classified Ad D Photo 0 DebltAdj. [Ji Legal D Composing D Credit Adj. C Subscription D Misc.I Date Dimensions or Oescrlptton Rate Net. Amt. 4-10 61 Lines @.60 36.60 RE: Application to the Zoning Board of Adjustrr ent for variance• Total 36-60 For Prepaying Customers Only Date Amt. Pd .. ___ _ . 0 Cash O Check o Vlsa!MC Clerk I 1: 1: " I I • . • . • . • . . . TNCE N011CE that Lael ~ tias app.id t0 .. ""*"'-.. _ -"""""'· ..... Cdclra:to, IO Ql"8l'll a...._ II) .. G9fteld Zor*1g Relolueon or 1978, as nended, In com.ctlon wllh .. ____ .... .,.,...,. d Gdltl. 8'Ma al Cabadtl; lr>wtt A bet d Inf Sllualed In Lot 3, Sec:llcwl 31, T~ 7 __ 87_ ....... ...__ -•teM&:: -~ 81 a PQirit on lhe Soulherty h of Stat9 i Ka1Mol'Ho.92•b-wlltff-1 .. al ... COW.,.~'llllera the.witness c:orner to w. NortMmt: earner or said 9ldlor1 31 beln: N. '"9" E. 2285.40 feet ttlenDelf." 80"00" w. 2222.8 ........... _ .... _ ..... _ ... _, 82: thence S. 1Q930' w. 134.15 feet; tf'lence S. I 79"453Cr E. 247 .29 teetti:> a poi'll: on the Weeaty Ina cf 11k1 Ocully Road; e.noe N. 137.271181:along1f1e We8l8rty llne of said COunty Road to the point of -COUNTY OFGMFIELD st:ATE OF OOLORADO ""***' De9C:rfption: located at the lnlefsectlon of Hwy. 82 ll'ICI CR 100, ~three~ mies &st ol Cerbonclalrt. Said ¥8riancl!I is to. allow a wnnc. to the side yard lllbadt ol so ft. along a sU*: road to-12.S fl to..,.. fQr a ~ '1'lf!lt gas purr4)S on the abo•N s bad --Al per9Dftl dwded by ht proposed. YWiance ..... lnYlled to 8PPMI' mid state their vteWs, protests or ~ " JOU Cllr'l l'IDI: appear personally at such hear- ing,. flen JOU .. wged 10 -)'CU'" views by letter, ... ,..,..,._ .. _ ...... ...-. Ian tc> Wi-a:irrmere ol am:udng prop8rly owners and odlers aftectad In decldhg whether to grant Of .., ___ ,..._far ht variance. This vmtmx:e appl- Cllllloft maJ be mlewed at the omoe of the Plamhg D1p11rtment locatwd at 109 Bth Stteet, SUlte 303, -County "°""""""· ---Col· or9do belween the hours ol 8:30 am. ·and 5:00 p.m., __ , __ That a 1!1Ch91:Med public h8mlng on the~ ta. ~ 98tforlhe 27th day d ~. 1998. atthe-hcuof 7:0o p.m .. 81:1he Oftloe dthe hir'*v ec.d of Adjust- mert. Gsfteld Cocny Ccuthouse. &Ille 301, 109 8th ----~----Counly N:lllhed Apt 10, 1998 In the Gt9nwood Post PROOF OF PVBUCA~ GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. SS. 2904'1 ·I, ....... (?.il..:i:Y .... P.J.C.~!ii.Q.t\ ........................................................ do solemnly swear that I am .................. ~.\l..!;>J,J.§.!:\g_;: ...................................... of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published co_ntinuously and :uninterruptedly in ~d County of Garfield for a penod of more than fifty.two cons~t1ve weeks n_ext prior to the first publication of the annexed legal notice or adver!lse. ment; that said newspaper has been admitted. tc;> the United States mails as second.class matter under the prov1s1ons of the Act of March 3, 1879, or any amendments thereof. and that sai!1 newspaper is a newspaper duly qualified for publishing legal no!lces 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 the period of .... .1 ......... consecutive insertions; and that the first pub . lication of said notice was in the issue of said newspaper dated ..hP..!'.:JJ ... J.9 ............... .AD., 19 .... ~.? .... and the last publication of said notice was in the issue of said newspaper dated .AP.l:J.L..J .. 0.A.D .• 19 .. 2.(L .. In witness whereof I A . , day of ....... P.l:.i. ....... -........ 2014 Grand Ave., Glenwood Springs, CO. 81601 TIME: PLACE: DATE: • • GARFIELD COUNTY BOARD OF ADJUSTMENT AGENDA APRIL 27, 1998 7:00P.M. GARFIELD COUNTY COURTHOUSE, ROOM 301 April 27, 1998 1) Call meeting to order 2) Roll Call 3) PubHc Hearini;: for a Variance from Section 3.07.06(1) and 5.05.03 (2) - Minimum side yard setback for a comer lot, located the intersection of CR 100 and Hwy. 82. AppHcant: Lael Hughes 4) Other Business 5) Adjournment -,{:_~ n4. PLEASE CALL THE OFFICE TO LET US KNOW WHETHER OR NOT YOU WILL BE IN ATTENDANCE, 945-8212 • • BOA 4/27/98 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: /SEWER: ACCESS: EXISTING ZONING: I. DESCRIPTION OF TBE PROPOSAL Variance from Section 3 .07 .06 (I) and 5.05.03 (2)-Minimum side yard setback on a comer lot. Lael Hughes A tract of land located within a portion of Section 31, T7S, R87W, located at the intersection CR 100 and Hwy. 82. 0.726 acres individual well individual sewage disposal system CR 100 C/L A. Site Description: The subject property is located in the southwest quadrant of the intersection of County Road 100 and Hwy. 82. Improvements on the site include an ex!,f i~g commercial building and a mobile home. A site map is attached on page B. Request: The applicant is requesting a variance from the required twenty-five (25) foot setback from the side property line adjacent to a public right-of-way on a comer lot.. The proposed variance would allow the placement of a canopy over a new set of gas pump and approximately twelve and one-half (12.5) feet from the side property line, adjacent to Hwy. 82.. The applicant has stated that the proposed encroachment were going to be a part of the upgrade to the gas pumping facilities required by the EPA for replacement of gas tanks. (See application pgs. ~-9 ) -I- • • II. MAJOR ISSUES AND CONCERNS A. Zonini~: Section 3 .07 .06 (1 ), normally requires that a side yard setback of 10 ft. or one half of the height of the principal building, be observed for any building located in the C/L zone district. Section 5.05.03 (2) requires that the front yard setback be observed along both property lines adjacent to public rights-of-way on a comer lot. The existing building is already nonconforming, in that the north side of the structure is within the 7.75 ft. of the property line. The property line in question is considered the side property line, since all access to the property is off of CR 100, due to an agreement with the State to fence the side adjacent to Hwy. 82. A front yard setback from Hwy. 82 would need to be 50, since Hwy. 82 is considered to be an arterial street. 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 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 from a regulation that was developed to deal with construction on comer lots that access to the lot can be gained from either lot line adjacent to the rights-of-way. The building was placed in the present location in 1957, according to the application. As such, the building is nonconforming due to the placement on the lot. The placement of the gas pump islands is limited by the location of the other facilities on the Jot, particularly the individual sewage disposal system for the facility based upon the application.. The applicant is expanding the number of pumps as a result of the required repairs and would not be required to have a variance ifthere was no canopy proposed. There is no definition of the location of the leach field, which would help to the define the minimum of variance necessary. Staff feels that the proposed variance has some merit, but questions whether it is the minimum necessary to allow for the placement of the canopy on the islands. -2-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------• • 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 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. -3- < ' '·""· ('/ GJ \ j -4- '• ......... ,.., ~·i.:T.~ .... t:.~ ., ... _.,., .. _, '." .. "·'N" J' j ··"' I • • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution --'L=IJ~E~L,.__,_d.,.-==*""'---'5"-----------•• request(s) a variance to (opplicantlowne<s r.i!S OJ (IL) Section J D 7 o k J.1) I of the Garfield County Zoning Resolution concerning ,C£o-.J r 1Atl!.D __________ to pennit SErt!.1-c JS in the -~C~',/_~L'=---- zone district SI JBMITIAI. Rill! !IREMENTS· A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks and access points. B. Vicinity map: showing general geographic localion. C. Legal description of site· Copy of Deed ofOwne11hip. 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. 0. Plans and specifications for the proposal H. Narrative e:itplaining why the variance is being requested. I. It should be demonstrated by the above information and statements that, • ... where by reason of exceptional narrowncu, aba!lownns or lhllHl' of the specific piece of property at the lime of enactment of this Resolution, or by reason of w;cptjnoal topogrwhic ooodj1ion 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) Subject to the above findings, the Board of Adjustment may authorize a variance provided 2.QSj)J_(JJ: That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9 05 OJ <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 OJ(]>: That the circumstances found lo constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district and caMOt be practically co"ected. K. A $250 fee must be submitted with the application. PROCf'.Ql!RAI REPIJIREMENIS· I. Submit applict.tions to the Garfield County Planning Department no later than the lut 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 Fonn• indicating the time and dale ofyour hearina. 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 (I 5) 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 aJI ownen 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 hearina 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 infonnation is correct and accurate to the best of my knowtcdge. ~~ APPLICANT' <'.19€< ~~,; s ~HONI! 'µ3. '1'119 &" .. ;uryl MAILING ADDRESS " 0w= 'ii: n. e ~. (, Cc h' 2. J <'>) / OWNER: OW'UL __ lf."i::. ~/~·-HONE:---------- MAlLINO ADDRESS: ------------------------ -5"- • Catherine Store 15783 Hwy 82 Carbondale, CO 81623 Garfield County zoning Board of Adjustment To Whom This May Concern, • Date 3-30-98 I am writing a request, in pursuant to Section 3.07.06(1),for change of variance, concerning the property located at above stated address. The reason for this request being-exceptional narrowness, due to new zoning laws that were implemented after the construction of the existing building. As your records should state, the structure was built in 1957, and has a well known Historical place in this valley. According to the minimum compliance regulation, the structure will have to be torn down and reconstructed, but, due to the historical value of the building, we request your allowances so improvements can be made and still allow the building to remain. /~/~ In 1994, the COOT, denied Highway access, leaving only rear accesssabity for business purposes. This has been difficult to manage, making it problematic for our gas trucks to deliver and decreased sales.( Please, see enclosed sketch map, Document A and Deed from the COOT, Document B) The EPA is now requiring that we meet their new corrosion control standards and installing a canopy at this time, while shut down, will save thousands of dollars. With respect to the new laws that have been applied, I am requesting that you consider the allowance that I am asking for. This store has been in operation for many years, and improvements should be made. Please consider my request seriously. Thank you, your time has been appreciated. ~r~~ ~ar OWner of C"'herine Store -~- • • 20 -z:--- " - ~ ""' ~ N ~ 0 u tl "' ~ .. ., ·- <#9 0 "' 0 1 ., ..... ·0~0 ] ~ ' il ., "CJ -1- • • LOCATION MAP -8- • l""" (dMcftbt. "'" MUICMd 9'!11NbHI) ---IQ. ft.I.,.~ ~end »ope baerrlef'ltl (dncftbeel I" ltt!IChtid ••hlblit) ---ICf. ftJICr91 T"""'°"ry Effefl'lefttl fdneftbld tr. atilCMcll llfttbltl1 ---1e1.P.1~ • ..,. ______________________ _ i· ... ,.. .. Gron Tot1I •-----·-----·-----•----- • J.(,11.tt.b ·~ •----• ""':-..tM !fiS~aow:$£u;rt2Zl1t~ .. . ~~WQ~!§'·r¢' ~!4a!o!&E" ... r...tJ W>- C 8peclal Warrtt1ty OMd C 0.""'111 W1mnty DMd ·---C w/Mlft.RHY. Cl w/Mln. RHY. ··a FuflAelMN(I) Boolt/P-oe------ C Utlltty AgrMtMnt Cl ~lnWlt E1Mment 0 SI°" l!uemenl a T1mponry l!aMm9nt a httt .. "9fNM(l'I~) ~-~~IP~l~OI~======================== 0 Other (IP'9Clty) _ D TttteCompenjt~docu"*°'tt .. c.pt 7fl (hWf ..,...ftll I ->_.#..II_ P\l)'lbfe to:~e_~A~:;+-IJ\'"ll~~"-"~·~. --'Y!J'.-------- ()tfft w1rrant t PIYflbtl to: _____ _ n·1 Oii 'lll<I • -9- • VARIANCE APPLICATION • GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9. 05 of the Garfield County Zoning Resolution Resolution __ L_(f:~E~L.~~dt,~~Jl~Ei~-~.S~-----------• request(•) a variance to (applicant/owners ri~ ol r~) Section ,J.o7.ole [t) t ohheGarfieldCountyZoningResolutionconcerning t=foµr ~MD _________ to pennit SE Td 4<: K in the -~C.;<'-:J_-'l..,,_ ___ _ zone district. S!)BMITTAL REOl/!RllMENTS· 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 waler 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, shaJIQ\lfl1ess or .shaJ2C of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional top<111f8phjc condition of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and ex.ceptional 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 I l: 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 (2l: 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 REO!llRHMENTS· 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 couoty 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. • Catherine Store 15783 Hwy 82 Carbondale, CO 81623 Garfield County zoning Board of Adjustment To Whom This May Concern; • Date 3-30-98 I am writing a request, in pursuant to Section 3.07.06(1),for change of variance, concerning the property located at above stated address. The reason for this request being-exceptional narrowness, due to new zoning laws that were implemented after the construction of the existing building. As your records should state, the structure was built in 1957, and has a well known Historical place in this valley. According to the minimum compliance regulation, the structure will have to be torn down and reconstructed, but, due to the historical value of the building, we request your allowances so improvements can be made and still allow the building to remain. /9'ryl ~ In 199A, the COOT, denied Highway access, leaving only rear accesssabity for business purposes. This has been difficult to manage, making it problematic for our gas trucks to deliver and decreased sales.( Please, see enclosed sketch map, Document A and Deed from the CDOT, Document B) The EPA is now requiring that we meet their new corrosion control standards and installing a canopy at this time, while shut down, will save thousands of dollars. With respect to the new laws that have been applied, I am requesting that you consider the allowance that I am asking for. This store has been in operation for many years, and improvements should be made. Please consider my request seriously. Thank you, your time has been appreciated. Sincerely, '=::.ZZ.o· d,0 Lael owner • • 20 z.--~ ; - !;l ~ -clil I ~ N co ~ ~ I "' 0 E-t 0 i.:i ::a &ft9 [) Ill 0 ~ , ·n Q) L'-I ~ 6 L ::a ~ ~ I l -111 &4 111 l>:1 ' ~ . •' i i .~ 2 LOCATION MAP j__ 0 Speclol W1rr1nty Deed . · C 0.-11 Worronty Deed ll(.AcceuDeed c. wfMln.AHY. 0 wfMln. RHY, · · 0 Full AelNoe(1) · Book/Page------- 0 P1rtl1I Role-(1) Bool<IP1go ---------· 0 utmty Agreement o Pormon•nt EoNlnent 0 Slope E1Mment 0 Temparory E._t ·-------·-----·------· ·-------" '• - 0 Other(lpeclfy) ___________________________ _._.,. 0 Tltl<iCompen.21~,. documentu•cepl 't · ~ · · · 71 0.0.r warront I . ~-'-PIYlble to: i~~:j:ffi,_·_; ____ -'---- Order w1rrant t payable to:-----------·-----~----___ _, ~-----. ,: .. '"' ·'·· ' i ·f ' 'i • • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution __ L;...;IJ-<...::t;:--''-=--'-~--'""'-'H-""-=&-=5'-------------• request(s) a variance to (applicant/owner$ s:_n;$ oJ (•> Section ,J. O 7. o fe .C.t) t of the Garfield County Zoning Resolution concerning r-eo,; r ~MD ----------'to permit Ser& 11-e.1<.. in the _..;;:c..;t./--'L.,,,_ ___ _ zone district. SUBMITTAL REQUIREMENTS· 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 ~ of the specific piece of property at the time of enactment ohhis Resolution, or by reason of exceptional to.p~hic 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 REQUIREMENTS· 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. APPLICANT: ~~~~~~~~W~~~~'J,:i/,~'3~-~~'/!~9~&~'/,:J~·~...?t.S-sfJ MAILING ADDRESS: Co .P'/t, :z... l'IJ) ) OWNER: w flt.re.. MAILING ADDRESS: ------------------------ ---------------------LAST ASSESSED_eeeeeeeeeee~e======= DATE CHANGED 01/01/98 03/19/98 (/db(~"· //jj/,;,.,,-1 ~'~ c~)/d'_,! 0dA/l2J ljJa_d_ /)aL /jJLJC I, I b 6c.5c23-c-l1ot Qi:o 1 -I/JO/IC.~ ~1 ~ :J.9/ ~ / 0.o go;;_ a;;._ ~ . / h m:;_, lb /lt11 -,t-~;rz I :;99 f111a'7 aJ<- ,SLb11 fd -!7ftJ?1-.t. ~flt ,(J.,q <]CJ,/O'/ -------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • • A tract of land situated in Lot 3, Section· 31, Township 7 South, Range 87 West of the 6th Principal Meridian, described as follows: Beginning at a point on the Southerly line of state Highway No. 82 at the intersection with the Westerly line of the County Road whence the witness corner to the Northeast Corner of said Section 31 bears: N. 62°59' E. 2285.40 feet1 thence N. 80°00' W. 222.28 feet along the Southerly line of said State Highway No. 82; thence s. 10°30 1 w. 134.15 feet; thence s. 79°45'30" E. 247.29 feet to a point on the Westerly line of said County road; thence N. 137.27 feet along the Westerly line of said County road to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO ' • • PUBLIC NOTICE TAKE NOTICE that Lael Hughes has 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 attached description Practical Description: Located at the intersection of Hwy 82 and CR 100, approximately three (3) miles east of Carbondale. Said variance is to allow a variance to the side yard setback of 50 ft. along a public road to 12.5 ft. to allow for a canopy over gas pumps on the above-described property. 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 27th day of April, 1998, at the hour of7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County April 7, 1998 Lael Hughes 15783 Hwy. 82 Carbondale, CO 81623 • • GARFIELD COUNTY Building and Planning Department RE: Variance-side yard setback-Section 3.07.06 (1) and 5.05.03 (2) Dear Mr. Hughes: By this letter, I am notifying you of the scheduling of the public hearing to consider your request for a variance from the side yard setback requirements contained in Section 3.01.06 (2) and 5.05.03 (2) 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 April 27, 1998, in the Commissioners Hearing Room, Suite 30 l, 109 8th St. , Glenwood Springs. Enclosed with this letter is a public notice form that will have to be published once in a newspaper of general circulation in the Carbondale area, at least fifteen (15 days prior to the date of the hearing. The same notice will have to sent by certified return receipt mail to the owners of the property in question and all owners of property within two hundred (200) ft. of the properties in question, at least five (5) days prior to the hearing. It will be your responsibility to make sure that all notice is published and mailed in a timely manner and provide the proof of publication and the return receipts from the mailing to this office at or before the hearing. It is your responsibility to make your the legal notice is published and sent out in the times noted. If you have any questions about this letter, you may call this office. Sincerely, Mark L. Bean, Director Building & Planning Department enclosures 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 • • PUBLIC NOTICE TAKE NOTICE that Lael Hughes has 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 attached description Practical Description: Located at the intersection of Hwy 82 and CR 100, approximately three (3) miles east of Carbondale. Said variance is to allow a variance to the side yard setback of 50 ft. along a public road to 12.5 ft. to allow for a canopy over gas pumps on the above-described property. 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 of 8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the application has been set for the 27th day of April, 1998, at the hour of7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado PUBLISH ONE (1) TIME -ON OR BEFORE 4/10/98 BILL TO Lael Hughes 15783 Hwy. 82 Carbondale, CO 81623 Planning Department Garfield County .. . • • A tract of land situated in Lot 3, Section 31, Township 7 South, Range 87 west of the 6th Principal Meridian, described as follows: Beginning at a point on the Southerly line of State Highway No. 82 at the intersection with the Westerly line of the County Road whence the witness corner to the Northeast Corner of said Section 31 bears: N. 62°59' E. 2285.40 feet; thence N. 80°00' W. 222.28 feet along the Southerly line of said State Highway No. 82; thence s. 10°30' w. 134.15 feet; thence s. 79°45'30" E. 247.29 feet to a point on the Westerly line of said County road; thence N. 137.27 feet along the Westerly line of said County road to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO • • A tract of land situated in Lot 3, Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian, described as follows: Beginning at a point on the Southerly line of State Highway No. 82 at the intersection with the Westerly line of the County Road whence the witness corner to the Northeast Corner of said Section 31 bears: N. 62°59' E. 2285.40 feet; thence N. 80°00' W. 222.28 feet along the Southerly line of said State Highway No. 82; thence S. 10°30' W. 134.15 feet; thence s. 79°45'30" E. 247.29 feet to a point on the Westerly line of said County road; thence N. 137.27 feet along the Westerly line of said County road to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO • Catherine Store 15783 Hwy 82 Carbondale, CO 81623 Garfield County Zoning Board of Adjustment To Whom This May Concern, • Date 3-30-98 I am writing a request, in pursuant to Section 3.07.06(1),for change of variance, concerning the property located at above stated address. The reason for this request being-exceptional narrowness, due to new zoning laws that were implemented after the construction of the existing building. As your records should state, the structure was built in 1957, and has a well known Historical place in this valley. According to the minimum compliance regulation, the structure will have to be torn down and reconstructed, but, due to the historical value of the building, we request your allowances so improvements can be made and still allow the building to remain. In 1994, the CDOT, denied Highway access, leaving only rear accesssabity for business purposes. This has been difficult to manage, making it problematic for our gas trucks to deliver and decreased sales. ( Please, see enclosed sketch map, Document A and Deed from the CDOT, Document B) The EPA is now requiring that we meet their new corrosion control standards and installing a canopy at this time, while shut down, will save thousands of dollars. With respect to the new laws that have been applied, I am requesting that you consider the allowance that I am asking for. This store has been in operation for many years, and improvements should be made. Please consider my request seriously. Thank you, your time has been appreciated. Sincerely, Lael Hughes Owner of Catherine Store • • r ~ -· • 1 I "'3 "3 Pl Pl I --, ~ ~ , ::i: 5 ~ tr ' II (I) .... lo' I 0 - 0 t/l ~ ::i: ~ (') ::i: 'Cl 0 E ~ 1-J - {/l.' 1-i ~ - ) : oz