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Home My WebLink About1.0 ApplicationGARFIELD COUNTY Department of Development '¢. Building /0 Planning 2014 Blake Avenue Glenwood Springs, Colorado 8160 I f ••• Telephone 303: 945-8241/945-8212 / 625-3321 RECEIVED FROV FOR: N2 00068t· j March 11, 1987 T. Michael Casey 1859 N. 23rd Laramie, WY 82070 Dear Mr. Casey: • GARFIELD COUNTY PLANNING DEPARTMENT • It is apparent from your letter that there are some misunderstandings on the part of persons providing information to you. I will try to clarify the situation tor you and the waechtlers in this letter. Based on your description of the property to the north of the Waechtler's property, I asswne you are referring to the property owned by Pat Groom. Mr. Groom applied to the county for a Conmercial Park Special Use permit in 1981 and was approved as such by Resolution NO. 81-324 in October of that year. This site is 5.81 acres in size and water is provided by the Cattle creek Water ASsociation. The project has been phased in over the past few years. There is an engineered ISD system in place to accommodate the project's sewer needs. A Special Use permit is a zoning action approved by the Board of County Commissioners, not a subdivision action. Mr. Groom does not have the ability to sell any separate parcels without going through a subdivision review process. ASswning it is the Groom's property you are referring to in your letter, there is no validity in your allegation of inequitable treatment. Mr. & Mrs. Waechtler have the same options available to them that Mr. Groom has available to him. They may apply for a lot split, variance or Special Use permit, the same as any property owner in Garfield county. The approval or denial rests with the appropriate Board and their evaluation of the application with regard to the applicable standards. If you and your clients would like to proceed with a lot split application, you may call or write to me at your convenience. Sincerely, ~; L~ /.-// , . fZl,cC:?l ./-/------. Mark L. Bean Director of Building, Sanitation and Planning MLB/emh XC: Don waechtler 109 BTH STREET, SUITE 303 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 61601 o~~w~ ' MAR 11 1987 Li ~------------····"-·" -- GARF I ELD COUNTY Mr. Mark Bean, Planning Director Garfield county Department of Development 2014 Blake Ave. Glenwood Springs, co 81601 Dear Mr. Bean, • 1859 N. 23rd Laramie, WY 82070 March 2, 1987 I have been retained by Donald and Bonnie Waechtler to assist them in splitting their .74 acre lot located at 7916 Highway 82. Your records will reflect that the waechtlers attempted to have the County authorize such a split in early 1983. At that time the County took the position that the subdivision process was inappropriate because of supplemental regulations governing lot size in relation to central sewer and water. The Waechtlers were further advised, by the Planning Department, that a variance process would instead be required to facilitate the requested split; however the County Attorney rendered the opinion that a variance procedure could not be used to accommodate the split. At that point the Wachtlers were informed that there was no process available to them which would even allow them to submit an application for the desired lot split. The Waechtlers then felling that they had no choice, let the entire matter drop only to see the County approve a commercial subdivision on the property immediately adjacent to their property on the North. If my information is correct that approved subdivision contains a net density greater than the Waechtlers were requesting. I also understand that the approved subdivision is using a conventional septic tank/drainfield method to treat it's effluent. If my information is correct regarding the above referenced subdivision, the question of equatable treatment is raised. In a recent phone conversation, you stated that a variance procedure was still that appropriate process for the Waechtler's to apply under. Did the above referenced subdivision go through the variance procedure? If not it appears that requiring the Waechtlers to again attempt to go through the variance procedure maybe both inappropriate and inconsistent. The Commercial Limited zoning designation of the Waechtlers property is in accord with their request and if the issue of the lack of central sewer and/or water in relation to lot size has been addressed through the subdivision process in other instances in Garfield County, why is it not approriate that the Waechtlers be allowed to use the subdivision process for the review of their requested lot split? • • • Please correct me if any of my information is incorrect. I will eagerly await your response so that the Waechtlers may proceed with an application to accomplish their a lot split. Yours. ttr1ilY ,,_ T. M ~ Lo..ll.A..i1 T. Michael case~ • MEMBERS PRESEN'l': John Tripp Pete Cabrina, Chairman Velma Ragle Ed Wilson ~···----------• COUNTY EMPLOYEES PRESEN'l' Mark Bean, Senior Planner Lisa Wilson, Recording Secretary May 26, 1983 -Hearing #133 -Don and Bonnie Waechtler The meeting was called to order. The April 28, 1983 Board of Adjustment minutes were approved as written by acclamation. Chairman Cabrina asked the applicants, Don and Bonnie Waechtler, if they had their proof of publication and return mail receipts as required by law. The Waechtlers produced these legal documents and all were in order. Mike Casey was present representing the Waechtlers. He stated he was aware of the staff recommendation, therefore, Chairman Cabrina dispensed with going over the Planning staff comments and recommendation, which was for denial of the variance to Section 5.04.03 of the Garfield County Zoning Resolution. For the record, this variance is requested to allow the applicant to create a lot of less than one (1) acre which is not served by central sewer. The applicant owns a .75 acre parcel that was proposed to be split into two parcels of 0.44 and 0.31 acre in February of this year. The Board of County Commissioners referred the request to the Board of Adjustment to determine whether or not a variance could be granted to allow the creating of a lot with less than the minimum lot size. Mr. Casey stated that the major difference he had with the staff review and recommendation is that the staff is stating that the hardship under question is being created by the applicant. Mr. Casey did not feel this was correct because in 1973, when the County zoned the area, they zoned it Commercial, whereas they could have downzoned the area at that time, even th6ugh there were some commercial businesses in the area. Therefore, he felt the Commissioners must have wanted commercial uses in this area located 5 miles south of Glenwood Springs on the northeast corner of County Road 110 in Cattle Creek. He stated that his own recommendation to Mr. Waechtler was to request this variance from the Commissioners to see if they were concerned with the commercial uses in the area, or if the major concern was the technical aspects of the sewer that the applicant needed to address. Mr. Casey wanted to know if this hearing was about zoning or if it was regarding sewage disposal systems. Mark Bean stated that he was employed with the County in 1973 when the zoning took place in Garfield, and he knew for a fact that the Commissioners did not want to down-zone any land when they knew commercial uses were already there at that time and, also, that the supplementary regulations were developed to recognize that there are areas that perhaps the more intensive uses based on zoning, may not be appropriate. He stated that, in the case of the Waechtlers, although present technology may not preclude the request, regulations do not allow it. It is a hardship not imposed by the County, but by the applicant. The applicant is not being precluded from using his land in the commercial sense, but he is desiring to do something that is not allowed by the Garfield County Zoning Resolution. Chairman Cabrina asked if an evapotranspiration sewage system were installed, it would still be against county regulations to split the property due to size of the lot. Mr. Bean replied that the County recognized the fact that a sewage disposal system could be developed to accommodate the property, however that was not the issue. Mr. Cabrina clarified for the applicant that a variance board was developed to ease the hardships that were created by zoning in 1973. It was not created to ease hardships that were self-imposed. Mr. Casey stated he was getting the feeling from the Board of County Commissioners that, although subdivision would not work for the ~aechtlers, maybe the Board of Adjustment would help the situation. He didn't feel the request was wrong from a planning standpoint. There was no question it could work from an engineer's standpoint. Mr. Tripp asked if the road in front of the property is included in the parcel itself. If so, he felt the property would be even smaller. Mr. Casey showed on a map where the road lies fronting the property. • Page 2, Board of Adjustment Meeting of May 26, 1983 Mr. Bean stated that, regarding the planning aspect of the request, although the Commercial Limited zone district allows lot sizes of 7500 square, the intent of the Supplementary Regulations wa~ to recognize the fact that, although there were commercial uses that had been zoned as such, the more intensive use of those may not be appropriate in some cases. He stated that the Board of County Commissioners had referred this to the Board of Adjustment, recognizing the fact that they could not even consider it unless a variance could be granted. There was no implied feelings regarding the Waechtler proposal whatsoever on the part of the Commissioners. Mr. Casey wanted to make the point that the soils tested on the Waechtler property had a high percolation rate and would be condusive to a normal sewage disposal system. He noted that since the Waechtlers were essentially asking a favor of the Commissioners and to look at something in essentially a different light, he had advised the Waechtlers to try and be conscientious and propose a system that is a better system from an environmental point of view in return for that favor. Mr. Casey went on to describe an evapotranspiration system. Mr. Casey stated that, if the Commissioners did not want commercial uses in the proposed area, perhaps they should have down-zoned the area in 1973 or put the existing uses as non-conforming. Mr. Bean stated, again, that in this case, the hardship is not created by zoning, but by the applicants themselves, and that is the issue to be dealt with. Mr. Wilson asked if there was any opposition from any of the adjoining property owners. Mr. Bean stated he had received one comment from a neighbor with a small concern but nothing major. Mr. Waechtler stated he had talked with several of his neighbors and they did not seem to have any major concerns one way or the other. He said he had talked with the Cattle Creek Water Association and there is an available tap, if the split is approv~d. Mr. Tripp was concerned about the precedence set, if this was approved. Mr. Bean stated this was a valid concern because if one person was granted a variance, the Board of Adjustment would be hard pressed to deny anyone else with the same request. Chairman Cabrina was also concerned about this and requested the County Attorney's office be consulted regarding the Waechtler proposal. The Waechtlers and Mr. Casey were agreeable to this request. The variance request for the Waechtlers was tabled until a legal opinion could be obtained from the County Attorney's office. / .. ,~-<-' -./'.~-(,,-~,...,_,._µ_.L~l- ·,,_,r._?> Secreti!'fy ------------ Attendance Sheet Date: Please sign your name legibly f, l? ~ NdV\l\&2) l, T M:ke Cctse.~ 5. 6. 7, 8. 9. 1011 ''· 12. • GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT . PLANNING 945·8212 I ENVIRONMENTAL HEALTH 945·2339 I BUILDING. 945-8241 Don and Bonnie Waechtler 7916 State Highwat 82 Glenwood Springs, CO 81601 Dear Mr. & Mrs. Waechtler: June 3, 1983 There will be a special meeting of the Board of Adjustment with a representative of the Garfield County Attorney's Office on June 9, 1983 at the hour of 3:30 P.M. in the second floor conference room of the Mountain View Building at 2014 Blake Avenue, Glenwood Springs. At that time there will be a discussion with a staff member of the County Attorney's Office and the Board members regarding some of their legal concerns with regard to your pending variance. The attorney's office workload precludes them from producing a written opinion prior to the hearing date. Please feel free to attend this hearing. /eh 2014 BLAKE AVENUE ;:;;~~ Mark L. Bean Senior Planner GLENWOOD SPRINGS, COLORADO 81601 • GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 /ENVIRONMENTAL HEALTH: 945-2339 I BUILDING: 945-8241 June 3, 1983 DEAR BOARD OF ADJUSTMENT MEMBER: There will be a special meeting of the Board of Adjustment with a representative of the Garfield County Attorney's Office in the second floor conference room of the Mountain View Building at 2014 Blake Avenue, Glenwood Springs on June 9, 1983 at the hour of 3:30 P.M. At that time there will be a member of the County Attorney's Staff present to hear your concerns regarding the Don and Bonnie Waechtler variance request. The workload of the County Attorney's Office at this time prevents them from producing a written opinion prior to the hearing date. Also enclosed are copies of the minutes of the May 26, 1983 hearing for your inspection. Please call Lisa Wilson at 945-8212 by June 7 if you are unable to attend this meeting. Sincerely ~~ Secretary /eh Enclosure 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 - - - - - - - ----=----=.,,--- Vari a" ce Met!ling 0~3). Attentlanca Sheet Date: Please si'n your name legibly 5. ,, 8. 10 .. 11. ~P""""'!""'"!"""~~~~""!'"'~~"!-~~--.. f e SENDER: COmplete items 1, 2, 3, and 4. Add yow address In the "RETURN TO" space ' on reverse. If (CONSULT POSTMASTER FOR FEES) I 1. The following service is requested (check one). IS-show ID whom and date delivered .................... -.# 0 Show ID whom, date, and address of delivery.. -.# 1. 0 RESTRlcfw DELIVERY (111< mtrlckd dtll"'Jf ftt Is thorpd In addition lo ''" ntum NNlpt fet.) TOTAL l- ~ • SENDER: Complete ttems 1, 2, 3, and 4. · . • . I Add your address In the "RETURN Tl)" sPaC8 !f on reverse. ' (CONSULT POSTMAS1£R FOR FEES) t. The following service is requested (oMc~ one). 18l Show to whom and date delivered .. :.-................ -.A b Show to whom, date, and address or ~cl.i'f1'l -A 1. 0 RESTRICTED DELIVERY . · I ~ (711t mtrkkd dtlirery ftt Is cliart«/ In addition to tht nturn rtetipl /tt.) I. ARTICLE ADDRESSED TO: C"-v. < .. \1, e,,,_v\<-~ Q\p\O "-\l>~ ~ $\\\-(.c,. 1. UNAll.E TO DELIVER BECAUSl• ' TOTAL ~~"!'!'"'!'! ...................... __ ........ ~------..... i • 8ENDEft: ~ Items 1, 2, 3, and 4. Add Vollr address In the "RETURN TO" space ~ on 1'8Y8<89. Ji' (CONSULT POSTMASTER FOR FEES) I 1. T1le following service is requested (check one). tJ_ Show to whom and date delivered ................... . 0 Show to whom, date, and address of delivery .. 1. 0 RESTRICTED DELIVERY C111t mtrltttd dtlivery I• 1s c/uuged 111 addillon to IM tthtrtf nee/pl fee.) TOTAL I__ <l!f e BENDER: Coinplete llems 1, 2, 3, and 4. Add your address In Iha "RETURN TO" epace ~ on-. , (CONSULT POSTMASlER FOR PIES) I 1. The followina serVlce ii reqU<lled (check -). lli!l-Show to whom and date delivered .................... -A tJ Show to whom, date, and address of delivery .• , -A 1.0 RESTRICTED DBLtVBRY . · • ;~ (1'11t mtrlcttd dtlfr")' /tt ls c/Nrptl lo add/tlM .. • O i lief retflftl tttdpt fN.) , , . :' I TOTAL L_ ve received the article described above. 81GNAT1111£. D Add,.... 0 Authorized .,...1 ~/ TO DEUYER BECAUIE:: -------------------------------------------~~~~~~~~~~~~~~~~~~~~~------------------ a.-"!""'""""""""~~~~ .... ..,.~~~~ .. i • SENDER: Complete ttems 1, 2, 3, a 4. · Add your addR!SS In the "RETURN TO" space Jf on reverae. W (CONSULT POSTMASTER FOR FEES) I · 1. The following service is requested (check one) . .i!J.show to whom and date delivered.................... --.# D Show to whom, date, and address of delivery.. -A 1.0 RESTRICTED DELIVERY --.# (T71t mtrlckd dtliW!ry ftt Is clrari«/ IN addition to IM tttum Net/pl ftt.) TOTAi. .__ • ~-------------------------------..... i • SENDER: Complete Items 1, 2, 3, and 4. Add your addrMs In the "RETURN TO" space ~L..~~~~~on~r~everse.;.;;;.;.;;;.·~~~~~~~~~~ If (CONSULT POS11IASTER FOR FEES) I 1. The following service is requested (cheCk one). ~how to whom and date delivered ................... . 0 Show to whom. date, and addrcas of delivery .. 1. 0 RESTRICTED DELIVERY (fh mtridfd deliNry /«II c/tQrpl In addition to 1M rthlnt rrttlpt fot.) TOTAL L_ • 1• I .··i#s'4'•t1;;;;~~-:.~,'}~lt~"rt~ PROOF OF PVBLICATION GU!NWOOD POST STATE OF COLORADO, } ss. COUNTY OF GARFIELD. N2 014195 I. .......... ?.~!:!.: .. !~ ... ~.~.~~~~!. ................................................ do solemnly General Man~ger swear that I am ...................................................................................... of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part, and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-t,vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second.class matter under the provisions of the Act of March 3. 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements \\'ithin the meaning of the la\vs of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of .... ..1. ........ consecutive insertions; and that the first pub. lication of said notice was in the issue of said newspaper dated ........ ~'-'. ... !.~ .................. .A.D., 19 ... ~.~ ... ., and the last publication of said notice was in the issue of said newspaper dated ........................... A.D., 19 ........... .. have hereunto set my hand this ....... ~.~~ .... n ~~ Subscribed and sworn to before me, a notary public hl.and for the County of Garfield, State of Colorado. this ............ ~~~ ................. day of ................. ~¥. ..................................... A.D., 19 ......... ~? (SEAL) . . . ..... ~~~~~~~ A{Y Comm1ss•on Expires .. ~ ·c,..,'~~~~~l.> ..... G-'°-~ ~Ca "is, \.t.oO\ ~ • ; ~- r r • ·~ ( ' ._,-- -. '' - ' "'-"V .:~>-X.-'~ Jl~1 ::f,.:.::.,"=".; ,ck· . · .. ··· ]lfdl,W.0 ii'~.·w ,,,. 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Bonnie ~"';*!\~;!.~ Waechllerhawo"""5ec11DtheZan;,,g-the.._,. lo< varioncr n.;, varioncr .,,_ dM;uso--.CarMld~. -d~ __ ... .-...;t ...... olloodlhe orado,togranta-vanancetnC01HWti0i1with Oep tlll-60 4c:µ .,..___....,_.: the followi de9cribe::l -silualed-U . ...._. VI -•-oiEI ._.,_'5~ "ti: ............... , "' sion. locab!!d .. 2014 Bblle-~ Glen- tM. County d Gameld. -d eoro..do; to -5priogf, C<Jlcndo,-. .... - Wit: -~ ---d 8:00 a.m . ..t 5!00 p.m.Jexduding lunch A0.7S~parceloflandinlot 1SSl!t.7, tow 12!00 noon to 1:00_ p.mJ Monday m. R88W d""' 6th -.....-.. throughfriday._ Garfield County, Colo. _ Thal a pubic hearing fJf the 41> • 1 Practical descript;On (location with for the ab<Ne Variance has been Sll!l for the ....,.., to IMghways. County mods """ ..... 26th dar d ~ 1983 ...... -d 3'30 dences): NE ~ Of County Rd. 110 and p.m. in the a KE room of ttll! :Dl!s:wt· Hwy. 82 '""-road (S&m"s r-,.,. s ,,_ d °"""'"'"-.. -.i -d !he milessouthofGlenwoodSprings. Mountain YtrW Building. 2014 Blab- Said variance requested is to permit the AftnUe,GlenwoodSprings.~ Petitioners to ~ a lot of less than 1 acre <0.31 acre) which is not serm:I by central sewer on the above described property. A11.....,..aK.ctedbytt.ep,,,_.i..,;. ance a_te invited to appejr' and s&aR their ...... ._-. Ga<fietc1Countyl'onq8bmdd~ -May•>. 19831nthe ~ ..... .....,.Joumol:' ~ValeyJc.nal Mlly12,.1'1:j · ...... 19 . -,. ·...,!~:;_-:. ~- " ' i l I' li I' I' ' i' 1: 1: 1: ~! ---:. -i -·;Ji;.~--' - -;-~ - - -~ .~-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .RIANCE AND VARIANCE REQUEST: ·- OWNER/APPLICANT: LOCATION: EXISTING ZONING: ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL REQUEST INFORMATI~ STAFF COMMENTS Request for a variance to Section 5.04.03 of the Garfield County Zoning Resolution. Don and Bonnie Waechtler A parcel of land located 5 miles south of Glenwood Springs on the northeast corner of County Road 110 (Cattle Creek) and State Highway 82. C/L (Commercial/Limited). North -C/L, South -C/L, East -C/l, West -A/R/RD. This variance is requested to allow the applicant to create a lot of less than one (1) acre which is not served by central sewer. The applicant owns a .75 parcel that was proposed to be split into two parcels of 0.44 acre and 0.31 acre in February of this year. The Board of Commissioners referred the request to the Board of Adjustment to determine whether or not a variance could be granted to allow the creating of a lot with less than the minimum lot size. II. MAJOR ISSUES AND CONCERNS A. The Garfield County Zoning Resolution was orginially created in 1973, with the associated zone district maps. The zone districts created dealt with existing uses in many areas. The Cattle Creek intersection already haat•some commercial uses in existence, thus the C/L zoning. The supplementary regulations, specfically Section 5.04.03 were created in recognition of the fact that more intensive use of land is appropriate with central water and sewer systems. These regulations were also created to recognize that the phasing of more intensive use was consistent with the expansion of urban services and that some areas could eventually develop at a higher density, when those services are available. B. The applicant has not been precluded from using the existing commercial land as a result of the minimum lot size requirements in Section 5.04.03. c. It is recognized that from a technical engineering point of view, an individual sewage disposal system could be developed that could meet the needs of virtually any commercial use proposed, provided money was no object. D. The hardship is a self imposed hardship as a result of personal interests conflicting with a regulation that was in existence at the time the property was purchased. III. FINDINGS 1. That publication and public notice was provided as required by law for the hearing before the Board of Adjustment; 2. That all hearings before the Board of Adjustment were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing; 3. That the strict application of Section 5.04.03 of the Garfield County Zoning Ordinance of 1978, as amended, will not result in an undue hardship upon the owner of said property; 4. That the circumstances found to create the hardship were a result of action by the applicant; 5. That for the above reasons, the proposed variance is not found to be in the best interest of the general health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDATION The Board deny the variance request based on the above findings. ,· '' ''"'-• ; (~·· APPLICATION GARFIELD COUNTY ZONING BOARD 6F ADJUSTMENT 1)0 ,, ~ J?,;"t"';e \.l\/oec\i-tlev-request {s) a 1 applicant/owner{s) name variance to Section· S.OLj .03 of the Garfield section number designation County Zoning Regulations concerning let-a.-co "'e'""'·''"·'·"'s \,, ""'\ c,,, S,,,.;,~.-c.\,1p .. 1o\ .... ~\,.~ type of variance requested to permit \-~e r::~:J'. ~ q ~r;t ~~ bs~ ~\;'."' \ c,cvr w\.,,l, •'> '«'t sev11ecl y,_ (':__ ___ .\ ___ ,)€\ _o.,n ___ j= __ _ in the zone district. name of zone disdrict ' _D ~--~\.) cu .. c /t;x;L /\,___- Signature of applicant/owner{s) \:) C\ -e-c.. ht I ·e,.'r Mailing Adress: __ \.!__9ul~l~'~-=c~>~T_,,__~l~~~v~~~y'/-~--"S_2...==~~~~-~~~~~~ C 0 t: I tiO I Phone: Gtt..\S-?_?_( PRACTICAL DESCRIPTION OF SUBJECT PARCEL: {Example: One mile west of Silt on State Highway 6 & 24): t,l. E. c.c.v-. .... ~~ C.c-..,,,t"I \'.oo.t\ \\O o.,...d 1-\.., i B'J, 4'<..,h1'"-1'.-c,d b M.\es & .-t\1 o~ C..~e"' .vu,.A £v~· ... ~s LEGAL DESCRIPTION OF SUBJECT PARCEL: A 1 ;:-0 \ r ' I \ ... +\ , , o.tre '" •ce. o~ ""'cl "" "• t ') , S<'-'-t'"" 7, \".,. ... •\n.p ·1 $ , ~""'~~ f_S \..V o-:I C: .... ,,..\ •• \c\. Cev..,,,t"I, co PRESENT ZONING: c"""·"" r•~r:.o\ Ii ·,,.,, .. te.t\ WATER SUPPLY: Co-ll\e Cue\', ~ qh,.. ~sc,oc'1cit.c'l :f \rJf. II METHOD OF SEWAGE DISPOSAL:_...i~~-'-'-L:l--------------------~ UTILITIES PROVIDED: ~-,, "' ./4 0 1,1 d-os--. (/re; ACCESS TO THE PROPERTY:~\i~~~-~'·_;4~~~~~x~82.lb,_~*w'~··~""'~5""-~~'~"~A'--+~-C~v~4~~~t~-~,_..j~lc~,cul_~_\~IO"'---~ APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED: Th<-::> i""c\).o-~,~I fv'le.<th C>"' e...xc.tQ..l a\\. &t.\e,,. o"elll••., .... ~h o~ 't\t. Co...,.....,, .. ,._J J L:..,,.:,J ..,_ 0 "e-p_-.d :~ 4 ""P~t,~\e. \U-.~\. ti\\ oi-\t,,,_ obiciL-e--.T u.~e.> .~--me. c,,,.., -"'<'-Ye '"''"''°"'"'"' \c-t "'3 l C::"2 ~:->-t-.::i.n\.-.>\'i...-c-l b -n.-_. ~-· ~ y ~v-f'?l'-fV\""'""",._ci\ \\....:'j\.·l;,"\-"\c"::s '~ \Y'\ .,CZ..1"',.c._e.:...:, ,1 \-1n'-: \o"t ..._, • .._.~"lt. r.c,.,,o~.,<+ 1" 'In" C/L . 'I ~ •) Th· ~ V ~ 3vi"\Q \,, ._..<.JC.> • '~ reco-,rp\'V'-f"f\..\ l,.>..)._-:-o~ <-"'::>-l\-Q\::,\1~\...6>c-J -fo in~ ..... ..-c. ~de.ce-"°~ +r.t_a\-lV\en.t o~ ~c?C:\u'*"n-t a~ (>~""Q.W..~ a~\ns-\ ...:d,.vi.-.-!'11~ ~V'\v·.~"""vv.~~I I r'\<'\.f>Oc.:b. "T"h..t.. e_(.:(:°\\lewv\r C.3~ ~ ~"-Cb~\y .t--r~.\Lc\ o..Y'd. ---0..J•'rSC.. \""""-P-;3~ ~Vu",,<l.~ ~r0""-5\.\._ "\'"\o..a. \)~ ~ ~V". ~ 'Sy:S.·¥!'""""'. A--s ~ y-~=:-_.._......\o\-, ~ C>..-...A.-c..c_..-4?,. "':~~ ... G~-,-~'8-Y'"-QV'\._~ \:;;. \.J'°'-'r'W.C~:..::o..-.y &":)_v--d (~) ". • <"'-h<>vdsh~(> o('9 ('<'<>'f>"~ 0 ._,.,"'0 ' • v',Jr-,<:)._.....c~ LA.)~\\\ ,:>\\o.....,_) c::}..c.\Je\cflY\-t.¢Y\..\ A-_,,,""-"'~ ~ C.}1'"\ ~. s -..;·~-\-.Q._ V\ C/L (_,:. ('>• PUBLIC NOT! CE Take Notice that Vo!') o-ndi bOl\Y\11e_ WC>.ec.bt\e.r- ~) (have) applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: A o.-rs D,L\"t p(\rcel o-P \o.ri~ l\"\ \ot- 15 ,:,c.c -, 1 T ls > R '0'6 W o+ -t-h-e_ b-1-h fr;1,c,' p(),I tr'\< y-i 0\; c:\fl l (.,-c\' f 1'\?J J, Co •1n-\ 'f 1 Co \o, Practical description (location with respect to highways, County residences): N E Ge:> I" nt-r 0 f Co v,,, t 'I R cf-I \G +:'rcri+(l,j*'-r oo.c\ (SI 1'rn's To-x.;o\~rrny ), roads and C\ n c:\ 11 \v'( 8 2. 5 n>\1-c'."', ":'::.OL--1th o+' G-lc1>vvooc\ permit the Petitioner(s) ·to c..1·-t·C\te. ·/· acre.· (0 . .31 a.ere·.) wh;cb g, Said variance requested is to 0 .f le.',c, -t-bo.,, ' IS on the above.described property. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally as such meeting, then you are urged to state your views by letter, particularly if you have objections to such variance, 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 variance. This variance application may be reviewed at the office of the Department of Development, Planning Division, located at 2D14 Blake Avenue, Glenwood Springs, Colorado, between the hours of 8:00 A.M. and 5:00 P.M. (excludin~ lunch hour 12:00 noon to 1:00 P.M.) Monday through Friday. . That a public hearing of the application for the above variance has been set for the ;l.6th day of \\)°'°':/-· · · · · · · · , 19 "33 at the hour of 3:30 P.M. in the conference room of th Department of Development, second floor of the Mountain View Building, 2014 Blake Avenue, Glenwood Springs, Colorado. ··------···--------~---------~-~-----· -----. ------------·· -;., I ' ~---=.----" "' ~ 7 \ ' · l.-\ ~ I "*· Ip, .\ ., '. ·-\ ~ -· M ,_ ' , ., •, .... !. . GA.AF1£l0 Cu ' ,, T·1 -., .. \ \ \ ' I \ ' \ \ I \ ' ' I I ~ I , .. , I , ,_ ,_ I I I \ I I , I \ \' '1 ' • I ' I * \ -,-. -------·-------_ t ___ _ ( _;;, -'j . / / ' - ' I ' I ----- !? ' ) / ' I ' ..... .,' ,--~.:;·: "~k·· • ' ' 1' l"', ,,.---~ 1 ·" , • "'' -. • ... ,. .... . . ,_,..;,. "' r,., ,.- --- ----·,--;,---- " "' C• " -----'·~ - -----· --------------.:::::::.~ f·'----------N '" I ------0 < ~ ~ j . ( •• ·-· -, . -! ') "' ' ·> •,'' -L_ -·- '"-' ( \ \ !l ' -----··-------- .. - ,, ' ' I \ ' ' I I ~ .. I ' \ " . '.>--.... . . '· I ------~.~ .. ,;_,"-,--o_---~~- ----.L----~--- " l 75-HGl 1·: sr·c. 1 ii' ' ~ ., I c•• ., ,.;a . ·•'ii\-. r . ~ ' -·- I I I l \ I I i i ...... '• . ___ 9~3. 0 \_]_ 03C) (~)9 Ac\. . j (':• -·--------- --"'G"---o=-\=~~-e..=n_,___B"""'-"'1A.__,f_,~ _ _,,,E..._t\,_.._T.i__; .... ~=Y--.1f __r: i s c s ~,- Bo)( .z.1 o :r__ · e-'L • Io D 2. Int. S~r-1 s ;- 1 .Dr G-\-e.riwoo& ,~, ··:f. f •. ---------------- ------·------------- ---~-blAc k _ __B~c.1.~r- ______ 9 b < o ~--b b ~R~J._,__. __ --------------- ____ $1' lt ) _ _,,,CC? ; ! ''~.'-·-. :-· .. '' •. ~-· ... ' .,,.,; -,,.---... ·-·~,•-'--· -·, .. · (,.fi:1 Mit±tt#afaaoft"·.:~ .. ~;.L;~»,.MW4W~:si. •. ~~>.'~·J.!~(£~~=--' ~----~, ··. -·-:· , .-·~:ry~~-T~_F.:-tt2.~-, ;. . . .,' . . . . . • GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT PLANNING' 945-8212 /ENVIRONMENTAL HEALTH' 945-2339 I BUILDING' 945·8241 3:30 P.M. BOARD OF ADJUSTMENT Hearing #133/Agenda May 26, 1983 Application of Don & Bonnie Waechtler for a variance to Section 5.04.03 of the Garfield County Zoning Resolution P.S. Enclosed for your Hearing #132 held inspection is a copy of the minutes of on April 28, 1983~ 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 VARIANCE REQUEST: OWNER/APPLICANT: LOCATION: EXISTING ZONING: ADJACENT ZONING: • VARIANCE AND I. DESCRIPTION OF THE PROPOSAL REQUEST INFO~ION STAFF COMMENTS Request for a variance to Section 5.04.03 of the Garfield County Zoning Resolution. Don and Bonnie Waechtler A parcel of land located 5 miles south of Glenwood Springs on the northeast corner of County Road 110 (Cattle Creek) and State Highway 82. C/L (Commercial/Limited). North -C/L, South -C/L, East -C/l, West -A/R/RD. This variance is requested to allow the applicant to create a lot of less than one (1) acre which is not served by central sewer. The applicant owns a .75 parcel that was proposed to be split into two parcels of 0.44 acre and 0.31 acre in February of this year. The Board of Commissioners referred the request to the Board of Adjustment to determine whether or not a variance could be granted to allow the creating of a lot with less than the minimum lot size. II. MAJOR ISSUES AND CONCERNS A. The Garfield County Zoning Resolution was orginially created in 1973, with the associated zone district maps. The zone districts created dealt with existing uses in many areas. The Cattle Creek intersection already had some commercial uses in existence, thus the C/L zoning. The supplementary regulations, specfically Section 5.04.03 were created in recognition of the fact that more intensive use of land is appropriate with central water and sewer systems. These regulations were also created to recognize that the phasing of more intensive use was consistent with the expansion of urban services and that some areas could eventually develop at a higher density, when those services are available. B. The applicant has not been precluded from using the existing commercial land as a result of the minimum lot size requirements in Section 5.04.03. c. It is recognized that from a technical engineering point of view, an individual sewage disposal system could be developed that could meet the needs of virtually any commercial use proposed, provided money was no object. D. The hardship is a self imposed hardship as a result of personal interests conflicting with a regulation that was in existence at the time the property was purchased. III. FINDINGS 1. That publication and public notice was provided as required by law for the hearing before the Board of Adjustment; 2. That all hearings before the Board of Adjustment were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing; 3. That the strict application of Section 5.04.03 of the Garfield County Zoning Ordinance of 1978, as amended, will not result in an undue hardship upon the owner of said property; 4. That the circumstances found to create the hardship were a result of action by the applicant; 5. That for the above reasons, the proposed variance is not found to be in the best interest of the general health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDATION The Board deny the variance request based on the above findings. • GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 'ENVIRONMENTAL HEALTH: 945-2339 /BUILDING: 945-8241 Don and Bonnie Waechtler 7916 State Highway 82 Glenwood Springs, CO 81601 Dear Mr. & Mrs. Waechtler: April 29, 1983 Enclosed is a copy of the public notice that must be published on or before May 10, 1983 in the Glenwood Post and another newspaper published in the area of the property (in this -case the Carbondale newspaper would be the applicable publication). A public notice copy must also be sent certified mail, return receipt requested to all property owners within a 200 foot radius of the property in question at least 15 days prior to the hearing date. You may drop by the office and pick up the sign that must be posted on the property at least 15 days prior to the hearing. MLB/eh Enclosure 2014 BLAKE AVENUE ~~~ Mark L. Bean Senior Planner GLENWOOD SPRINGS, COLORADO 81601 • • APPLICATION GARFIELD COUNTY ZONING BOARD 6F ADJUSTMENT 1)0 ,,, \ 'Bolllll\;e Woec\.-±\ell' request (s) a applicant/owner(s) name variance to Section S.04 .03 of the Garfield section number designation County Zoning Regulations concerning \11=\-atto ~c•\""';rt•o"s k.~ OV\ Sewoge. .Lsposo\ ... -\\.o~ type of variance requested ~:~:~ t V>t~e /f::X:!. ~.~e.}~t C\5 b~~ t6~Y\ \ ocvc w\.;c\o i £ '4•t in the Co'M.W\ e -c c.:w \ I L ·,""l·.+J zone district. name of zone disPrict D~ k)cu_,('.~ Signature of applicant/owner(s) :B!h:,.:. "--\w C\.S> c~'l>)"\ ' OWNER,_~l)~o~~c__=:1:i:-~~J3~0~1~uh~i~e....=--~\,\DL/~Q~-e..~c~h~t-.L...L!~~·~r~~~~~~~~~- Ma i 1 i ng Ad ress: __ 1!_9..Ll..:16~--"S:::...T-'-''---'--HL'N=-:J1---8_2-_:_ _________ _ co 81b0! Phone: q4S -2-?_ ( Phonel=----------------------------------- PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (Example: One mile west of Silt on State Highway 6 & 24) : tJ. E. C..Ov'I•~ 0 ~ (.o.._.,t'\ ~oo.A \\O o...,c\ \.\w~ 82, ..(,o""\o.,.._ r~d b ,,,,\es So .. 1\.i o~ c,,\.,,, "'ooa s{>~'."'J& LEGAL DESCRIPTION OF SUBJECT PARCEL: A I 5'" , 5 ec..-t-..,,,. 1, I .,..,,,.\.:.p 1 $ , ~o. ... 5e.. 88 W o4 G;.,.,.~ ... \c\. c°"'"''""\ I CO PRESENT ZONING: c OM."' etc..'.n\ l L~M.tJ WATER SUPPLY: CP=ll\e C1ee'<\ Wct1t.. ~S£0C1dt'.£1\\ .:f We.II METHOD OF SEWAGE DISPOSAL:_J~.U..:~------------------~ UTILITIES PROVIDED: • ,, fj 0 1,1 Gose. C.lec; fb')I koi ACCESS TO THE PROPERTY: 't SJ: \IW~ 8?, f..,,.1o_5f' \><xiA t1 Coll,.±•, jfio d tto \10 APPLICANT 1 S REASONS WHY THE VARIANCE SHOULD BE GRANTED: \•-. ~ . \ v \. \ ...., ~-rO\)O~c;;l ,tv\e.<ih OV' e..)(c.~~~ ct\\ o\\e,, ~e~,lt;, ....... "ts o~ ;-\'-Co"""'''"•:J / L:..,:"\J ~Ol'le.p.>\~ -~ ~""~o.t;'l\\t. 'V\\\. o.\\ oi\.,,,.. ob~Ge,-e,,'t u.~e.~ .~ -n,.,_ ,,.,,..._ """'-""-yy-..·,.,.,""'"'"" \o-t- "'S \ 'Z-~ -e~~bl"~h.Q.d by~ ~Pl"'--f'V\.e.V\,+-~\ R.e:,sv~;.+\ons \~ l.Y"\ 4Xct".:5-5 o\=-The. \o--t ..,,r4'-a tC2:'{t1 1 r41Y'<G!f\+ '" 1ne-C/L 3o'f'.e (1Soo'). Th-\:s r-f:'_()'-,reVV"-e..d: l>-)~s e.s..>.;-ci~\~sh-""'d -fo i:noi..>.-e dcl.e'(tl.O~ ~~""•"-T o~ <>C"~lv~,_t ;;>~ (>«>-1<'.cX ryins-\ ~\/<.<"s<. .,.,..,·, ~on""'e~I i ""-p<>o\-:>. "'-<-cz.{::C\ve~ C.aV\. ~ c-t.c:le.cb~\'I f·r.1..a\.Lc\ o...Y'.d dd.V'-r.S€.-\v.,.._p;i~ ..;lVu,<l.i!C\ ""thro.'-8\t\_ ~ v:- ~ ~......_\Z\" -sys ... ,,_,,, A -\_1. ~ .L -·' I ~ -Y'e..:. ........ -....-, -\\<"\Q.._ OV\...Q... .:i..c..v-e.., '(-.e.Dv'c-g~~~ \5 .... nnoz<'..<?.-r>!;>.:;...-y aV'd (°"" ~;;).. h..;;>.....d,:s:h~(:) 0.'\SL. PV"O'{)~~ C..>L.Al~O<". V,Q\.v--,aY\.cA-w-\\\ ~\\_cv-J d.e\Je\of->vn.eV\...\.: A-"\> P.:. \ "' «' ~ 0'1\ ~-, S :::, 0 \-\""-Q. I Vl C/L 15 - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - • • PUBLIC NOTICE Take Notice that Do!') a-nc! BQJ:ill_1'e_ Wo..e.c:,bt\tJ-___ _ (illlli) (have) applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: "' o.1s o.cr-e, po.rc.e..I o-P \ q\')~ ; V) lot -::,e.c_ 11 T -, s > R '13'0 W of -th-e_ bth pr11)c1' p~\ CYo.r f 1'-e..\J. Co1Ay,t'f 1 Colo, Practical description (location with respect to highways, County roads and o.n cf._ residences): NE C..C> r n-1'.-r 0 f-CoiAl'YT'f Ro\ 110 f"ron+c•3-e-r DOI~ ( S l llY\1S To.x.1'rJ.~.:r rny ), 5 mil~s '::>otAth of G-1-etlwooJ.. Said variance requested is to permit the Petitioner(s) to C.r-t'.l\t1"... _o;c__f-__ -'--\ e."-"'-"'"""s __ -t-,_h,_,_· =°'"-"1"1--'I __ · ""'a. ..... c:.. re. ( 0. 3 I a. c. re.) w ); I c.. h bo+ 2e.Y-yeJ, by cebtrQI se.we..r:. Q lot . IS on the above.described property. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally as such meeting, then you are urged to state your views by letter, particularly if you have objections to such variance, 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 variance. This variance application may be reviewed at the office of the Department of Development, Planning Division, located at 2014 Blake Avenue, Glenwood Springs, Colorado, between the hours of 8:00 A.M. and 5:00 P.M. (excluding lunch hour 12:00 noon to 1:00 P.M.) Monday through Friday. That a public hearing of the application for the above variance has been set for the ~th day of !no,.~ . . . . . , 19 <;$3 at the hour of 3:30 P.M. in the conference room of the Department of Development, second floor of the Mountain View Building, 2014 Blake Avenue, Glenwood Springs, Colorado. ~µLd:. ~ounty Zoning By: ------------- • 003 G"l~-e-n B1A-f{: E11t-crprlse.-s Bo"K z..1ot..t ~ 1002 mt. So0r-;s Dr, G-\e\'\WQO& Olr k ~ll 'Pi cA'-e..or, OObS R 110 G-\eY'lWDDcl, 03'1 I C-h!Ack Be.ck-e._r- I Ob(O 2bb R~. I ! S1' It> Co 0 I 2. A I tt er-r 1 1 Y) j C>59b 113 R~. Ca r bo n cA o, \ e... l Si-0tte_ t\ W'f D~ rt, Res; d..e...hi-Enc::} l')e..er OZ.19 !Cc.if Rol.. G\et)wood Cl\9 Norrr, Ov-ero-c.k.-e..r OC7 Lf 3 l\O Re!_' G-le-nwoo c\ 1