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HomeMy WebLinkAbout1.0 ApplicationAugust 23, 1985
earl & Mary Midland
0726 137 Rd.
•
Glenwood Springs, ro 81601
Dear Mr. & Mrs. Midland:
GARFIELD COUNTY
PLANNING DEPARTMENT
'Ibis letter will serve as conf ianation that your request for a variance from
Section 3.05.06 (2) rear yard setback and Section 5.04.03, lot area
restrictions based on sewage disposal method to be employed was granted by
unanimous vote of the Board of J>.djustment at the hearing conducted August 22,
1985.
If you have any questions, please contact me.
'-;;;;:a: fJL_
Mark L. Bean
Planning Director
MLB/emh
109 6TH STREET, THIRD FLOOR 945·6212 /625·5571 GLENWOOD SPRINGS, COLORADO 81601
' • GARFIELD COUNTY
PLANNING DEPARTMENT
M E M 0 R A N D U M
TO: Board of Adjustment Members
FROM: Mark Bean, Planning Director ,,lp;l./3
DATE: August 16, 1985
RE: Board of Adjust.Meeting August 22, 1985
•
Enclosed is a copy of the staff recommendations on the variance request
of Carl and Mary Midland scheduled for 3:30 P.M., Thursday, August 22, 1985.
The meeting will be held on the 3rd floor of the Courthouse, Room 302.
109 BTH STREET, THIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601
• • llo/1
VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST
OWNER/APPLICANT
LOCATION
SI'rE DATA
EXISTING ZONING
ADJACENT ZONING
I. DESCRIPTION OF THE PROPOSAL
Request for a variance from Section
3.05.06 (2) rear yard setback and
Section 5.04.03, lot area
restrictions based on sewage
disposal method to be employed.
Carl and Mary Midla.nd
A parcel located in the NW 1/4 NE
1/4 of Section 1, T7S, R89W1 more
practically described as a parcel
located 1/2 mile southeast of
Hardwick Bridge off of County Road
154 •
. A 0.61 acre parcel
R/G/SD
North:
South:
East:
West:
Residential/General/
Suburban Density
R/L/SD
R/L/SD
C/G
R/G/SD
The applicant is requesting two variances to allow for the placement
of a building for use in association with a nursery. The first
request is for a variance from the rear yard setback requirement
(Section 3.05·.06(2) of 25 feet to four (4) feet. This would allow for
the placement of the proposed building. (See page .3 ) • The second
variance is to allow for the placement of an individual sewage
disposal system on a lot less than two acres in size without central
water (Section 5.04.08).
II. MAJOR ISSUES AND CONCERNS
l. The proposed building is 30 ft. by 40 ft. in size and would be
near the Modern Kitchen complex which was placed on the adjacent
lot by variance too. To meet the required front and rear yard
setbacks would only allow a 19.03 ft. wide building on the lot.
The rear lot line abuts up to the Denver and Rio Grande Western
Railroad right-of-way. Given the unusual configuration of the
lot and the fact that the rear lot line abuts up to the Denver
and Rio Grande Western Railroad, the requested variance appears
to be reasonable.
2. The area in question does not have any central sewage disposal
systems available to lots in the area. As a result, all of the
lots in the area have individual sewage disposal systems
(I.s.o.s.J. It would be reasonable to allow an I.S.D.S. on this
lot provided it is properly sized for the proposed use and meets
the County Environmental Health Regulations regarding individual
sewage disposal systems.
III.FINDINGS
1. That due to the exceptional shape of the lot an undue hardship is
created.
• • •
2. That the variances requested are the minimum necessary to
alleviate the hardship.
3. That the variances granted will not detrimentally affect the
general public, including surrounding property owners.
IV. RECOMMENDATION
APPROVAL of the requested 4 ft. rear yard setback and the request to
allow an I.s.o.s. on a lot less than two (2) acres provided it meets
the Garfield County Environmental Health Regulations.
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-.. -• ~evised 4/1/85
1985
GARFIELD COUNTY
Board of Adjustment
REGULAR MEMBERS:
A 11 an Bowl es, Vlee.:etra1·ftrrarr
C/0 Glenwood Vet Clinic
P.O. Box 1137
Glenwood Springs, CO 81602
Larry Hazel ton
0985 County Road 245
New Castle, CO 81647
Mary Odell, Secretary
51241 Highway 6 and 24
Glenwood Springs, CO 81601
John Tripp C1//J;N,.,,,,J
P.O. Box 721
Carbondale, CO 81623
Denise Acee
1240 Bennett
Glenwood Springs, CO 81601 ---ASSOCIATE MEMBERS:
Leo F. Jammaron,
4915 State Highway 82
Glenwood Springs, CO 81601
Velma Ragle
3321 County Road 312
New Castle, CO 81647
Ed W. Wilson
C/O Glenwood Realty
P.O. Box 337
Glenwood Springs, CO 81602
Peter M Cabrinha
4350 County Road 115
Glenwood Springs, CO 81601
PHONE
945-5401 (work)
625-1690 (Rifle work)
945-8626 (work)
984-2350 (home)
945-1080 (work)
945-7842 (home)
963-2486 (work)
945-8819 (home)
945-5128 (home)
984-2168 (home)
945-8585 (work)
945-7481 (work)
945-5370 (home)
TERM EXPIRES
12/31/85
12/31/87
12/31/85
12/31/87
12/31/87
12/31/87
12/31/85
12/31/86
12/31/87
• GARFIELD COUNTY
PLANNING DEPARTMENT
M E M 0 R A N D U M
TO: Board of Adjustment Members
FROM: Mark Bean, Planning Director ~~
DATE: August 16, 1985
RE: Board of Adjust.Meeting August 22, 1985
Enclosed is a copy of the staff recommendations on the variance request
of Carl and Mary Midland scheduled for 3:30 P.H., Thursday, August 22, 1985.
The meeting will be held on the 3rd floor of the Courthouse, Room 302.
109 BTH STREET, THIRD FLOOR 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601
I
(
- - - -."'I •
VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST
OWNER/APPLICANT
LOCATION
SITE DATA
EXISTING ZONING
ADJACENT ZONING
I. DESCRIPTION OF THE PROPOSAL
Request for a variance from Section
3.05.06 (2) .,fear yard setback an!1
Section 5.04.o3, lot area
restrictions base.Q._ -an sewage
C:!T§posal method to be employed. -.-.. ,..·-··-----
Carl and Mary Midland
A parcel located in the NW l/4 NE
1/4 of Section l, T7S, R89W; more
practically described as a parcel
located 1/2 mile southeast of
_H~Qwick ____ Bridge off of County RO§d
1.~4. . -------
A 0.61 acre parcel
R/G/SD Residential/General/
Suburban Density
North: R/L/SD
South: R/L/SD
East: C/G
West: R/G/SD
The applicant is requesting two variances to allow for the placement
of a · building for use in association with a nursery. The first
req~est is for a variance from the_ rear yard setback requirement
(Section 3.05.06(2) of 25 feet to four (4) feet. This would allow tor
the placement of the proposed building. (See page 3 ) • . The second
variance is to allow for the placement of an individual sewage
disposal system on a lot less than two acres in size without central
water (Section 5.04.08).
II. MAJOR ISSUES AND CONCERNS
1. The proposed building is 30 ft. by 40 ft. in size and would be
near the Modern Kitchen complex which was placed on the adjacent
lot by variance too. To meet the required front and rear yard
setbacks would only allow a 19.03 ft. wide building on the lot.
The rear lot line abuts up to the Denver and Rio Grande Western
Railroad right-of-way. Given the unusual configuration of the
lot and the fact that the rear lot line abuts up to the Denver
and Rio Grande Western Railroad, the requested variance appears
to be reasonable.
2. The area in question does not have any central sewage disposal
systems available to lots in the area. As a result, all of the
lots in tne area have individual sewage disposal systems
(I.S.D.S.). It would be reasonable to allow an I.S.D.S. on this
lot provided it is properly sized for the proposed use and meets
the county Environmental Health Regulations regarding individual
sewage disposal systems.
III.FINDINGS
1. That due to the exceptional shape of the lot an undue hardship is
created.
-I -
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- - - - - - - - - - - - - - - - - - - - - - - ---------- - ---- - ---- - - - - - - - - - - - - -
•
2. That the variances requested are the minimum necessary to
alleviate the hardship.
3. That the variances granted will not detrimentally affect the
general public, including surrounding property owners.
IV. RECOMMENDATION
APPROVAL of the requested 4 ft. rear yard setback and the request to
allow an I.S.D.S. on a lot less than two (2) acres provided it meets
the Garfield County Environmental Health Regulations.
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PS Fonn 3849-A ~ Oct 1980
•
PUBLIC NOTICE
Take Notice that Carl ,L__,Qod....M<l!2LN.c_~.!ic;llrnJIL-_. _________ _
(has) (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 parcel of land situated in Lots 34 and 35, Section 1 1
'lownship 7 south, Range 89 west of the 6th P.M.
Practical description (location with respect to highways, County roads and
residences): Located approximately 1/2 mile north of the intersection of
of County road 154 and Highway 82, adjacent to the north
property line of Modern Kitchen Cormercial Building,
off of County Road 154
Said variance requested is to permit the Petitioner(s)_ to establish at. ft. _
_ r.uit yard setback off Coun1;Y_R_.9_a_q 154 ,__ cu:!_q_i_nstall an individual sewag!L ____ _
dispqsal systan on this lo_t which is less j:han ..the minimlJ11..lQ.!;__fil.~reguired
for such a @Y..S~t~em"""___,-----,--
on the above described property.
All persons affected by lproposed variance are invitedt!ppear and state their
views, protests or objec s. If you cannot appear pers y as such meeting,
then you are urged to sta your views by letter, particuly if you have objections
to such variance, as the ing Ooard of Adjustment will consideration to the
comments of surrounding p erty owners and others affecte n deciding whether
to qrant or deny the request for variance. This variance application may be reviewed
at the Planning Department Office located at Suite 306, Garfield County O:mrthouse,
109 8th St., Glenwood Springs CO 81601, between the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday.
A public hearing on the application for the alx>ve variance has been set for
the _-.~;z..day of _.. _t.U6V<:T--• 19_~ at the hour of 3:30_i;i_.m. __ ,
in the Ccmnissioner' s meeting roan,• Suite 301, Garfield County Courth:>use,
109 8th St., GlenWXJd Springs, CD 81601.
• • PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
SS.
COUNTY OF GARFIELD.
N2 16888
I, ................ B..9.P.\'!.r..:t ... G ...... .!:'!!ill.sle.Y. ............................. do solemnly
swear that I am ...................... ".~.Il:~:r'..Cl:~ .... J':'<l:J:l..Cl:9.'.E!.:r:: .............. 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 :egal notice or advertise-
ment; that said newspaper has been admitted to the United States
mails as second.class matter under the prvvisions 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 v..rithin 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 .... ~ ......... consecutive insertions; and that the first pub_
lication of said notice was in the issue of said newspaper dated
..... August .... 7. ........... .A.D., 19 ...... .8~ and the last publication of said
notice was in the issue of said newspaper dated ........................... .A.D.,
19 ........... ..
In witness whereof I have hereunto set my hand this .......... 7.±.h ..
August 85
day of ......................... :: ........ :."~~:~:z~~············
Subscribed and sworn to before me, a notary public in and for the
_County of Garlield, State of Colorado. this .......... .7..t.h .................... day
· August 85 of , .............................................................. A.O., 19 ............ .
(SEAL) .... ..).9.f..l:VY!'.:0~ .... k .. : ... i>..~
Notary Public
My Commission Expires May_ 3 1988
My Co~ission Expires .......................................................... : .... ~ ...... :;;: .............. .
2014 Grand Ave., Glenwood Springs, CO. 81601
; • •
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Instructions ·for Variance Application
Pl ease read these instructions carefully and supply the information required
.... --. on_ the _forms •. By. doing .. this,.you wiJ_l find ~hat is,..D£e<l.e<!_ and __ s:uppl-y---i-t-i-n-a~-.
convenient form for the Board to consider. Note that there are a number of ---·
things that must be completed before you can have a hearing.
Legal· Requirements
The Zoning Board of Adjustment operates under the Zoning Resolution of Garfield
County, Colorado, adopted November 27, 1973. To be granted a variance from the
County zoning you must meet requirements specified by this law. For your ~
conven·ience, some pertinent sections of the Zoning Resolution are reproduced
below:
•.
"Section 7 .05.03 Action by the Board of Adjustment: Where by reason of
exceptional narrowness, shallowness or shape of the specific piece of property
at the time of enactment of this Resolution, or by reason of exceptions
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 upon appeal relating to said property, a
··r-,va_rjance from such strict application so as to relieve such difficulties or
hardship, provided however:
(1) That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue,hardship upon the owner of said property;
(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;
(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; and
' (4) That the concurring vote of·four (4) members of the Board shall be,.,:;:
-necessary to decide in favor of the appellant."
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"Section 7.05.04 Public Hearing: Hearings held in regard to variance from
strict application Ofthe provisions of this Resolution may, at the discretion
of the Board, be conducted as a public hearing following public notice containing
the name of the appellant, description of the property involved, a statement
of the nature of the appeal and the time and place of the hearing in a newspaper
of general circulation in the portion of the county in which the subject
property is located. Publication of notices of hearings hereunder shall be
completed at least fifteen (15) days prior to the date of the public hearing ... "
' • •
-_--.;= _...,._ ___ ~ .. ~---
'"·' -·-._ " The applic"<fnt for a variance~-i"s reminded that in order to jusCTfTthe--=-=::--:-·~.-... -.. -.. -...... J:
granting of a variance from a specific provision of the Zoning Regulation, he
must show that ·the .strict application of that provision would result in
peculiar and exceptional pra ct i cal ·di ffi cul ti es to ·or ·exceptional ·and undue
hardship upon the.owner of the property, and that such hardship or practical
difficulty must relate to:
(1) The exceptional narrowness, shallowness or shape of the property,
(2) Exceptional topographic conditions of the property, or
(3) Other extraordinary and exceptional situation or condition of the
property.
Further, the applicant must show that:
(a) The variance requested.is the minimum necessary to alleviate
the hardship or difficu.lty.
(b) That granting the variance will not detrimentally affect the
general public, including surrounding property owners.
(c) That the hardship or difficulty was not caused by the owner
or applicant.
Unless ,the.applicant can demonstrate the foregoing _cir:cumstances to exi.st,
the Board oflldJiTs-fiiient has no-power to grant the· vartance-requested.
Financial hardship alone unrelated to the condition of the land will not
justify the granting of_.a variance.
Public Notice
You are required to publish a Public Notice once in a local newspaper at
least fifteen (15) days before the scheduled hearlii"Q:" Fill out the-application
form and have it .. checked-by the Building Department. You will be assigned a
date and-time.for the hearing. Note that the practical description of the land
must ~e su~that Board members and anyone else can find and inspect the area.
A fe1°~6fiwenty-Five ($25.00) Dollars for said hearing is required at the time
of submission of your application to the Building Department.
Copies of the Public Notice should be mailed to your neighbors by Certified
Mail and the receipts presented at the hearing. Include all who owns land
within Two Hundred (200) Feet of the property that is being considered.
You must then take the approved Public Notice to the newspaper and pay for
its publication one time at least fifteen (15) days prior to the scheduled hearing.
From the newspaper you must obtain a Proof of Publication. This must be
presented at the hearfog.
< ~~ ~'er 0>0 (X, C?fti~
f\,_A>)>A \>~~ - 2 -
\ • •
~T-----"------------"--.. -..-~--·---~---·Ajlp 1 T c:-a·u oii
Please print or type the information requested. If you have questions, call
or ask the Building Department. The object is to convey information and legal
language is not necessary. The map can be hand sketched. However, it must
show dimensions of the property and distances of alL buildings and_ !'()ads-from-the~--------
boundaries. Also it must locate and identify buildings and roads witilfri Two·.,.-,,,._ __ _
Hundred (200) Feet beyond your boundaries. It should also give enough
information to enable the Board members to inspect the property personally.
Note that the application also must be delivered to the Building Department
office before a hearing can be scheduled.
Hearing Prodedure
The hearings are held in the Conference Room of the Building Department Offices
before a Board of five (5) members or their alternates. Information is given
informally and questions are asked by Board members whenever appropriate.
First the applicant describes his property and his reasons for seeking a
variance. Next, neighbors have the opportunity to comment pro or con regarding
the variance request. Finally, any others may comment.
At the conclusion of testimony and discussion, a motion may be made to grant,
deny, or table {postpone) the variance. Concurring votes of at least four (4)
merrbers are required. A variance becomes operative at the conclusion of the vote.--·-·--
The application will be signed by the Chairman and Secretary of the Board; and ·
a copy of the signed application will be sent to the variance applicants.
Check List
For your convenience, have you: --·_--.. ~,~
1. Read the Instructions?
2. Completed the Public Notice?
3. Completed the Application and Map?
4. Paid the Fee?
5. Published the Notice?
6, Sent Notice to Adjacent Property Owners?
7. Brought Proof of Publication and Certified Mailing Notices?
Form Approved by Board vote on April 18, 1974.
·.
~·
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•-------------------------__. __ --
AP PLICATION
f.J\RFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Owners name: C'AIZL ./, <>t-l-111 R '(' #. H ID/.,4Nt> Date: ~"l/t<
Owners address: 07Z6 137 /CD, CLEN' i/tJoo SPS. Hearfog Number:
Phone: 9'f.S:-S-o9B
Practical description of where property is located: /fr MILE' iJe>e.Tt-1 OF INTE~SEC-TIC>~ 0 F ~ 15'-I A..lh HWY 82.
.Al>JAci=-tJT To Aloe.Tl-I peoPcl2-TY ui.:r-e-··~i5F=-Hol>G~tJ 1c'.1TCHGiJ
C"'t1M1?"2-Li AL BlJIL-1)1 --i.t,
1. Present zoning: CoHHG'IZC11'l_L-C€4t:.e.AL
2. Describe variance you are requesting:
i) SEIBACK FR-oM eR&P<?~TY LfNt oF )...0 Fe-G-,
i-) H 1rJ1 Mv't-1 1-cn-· S 1ZE; P 1 s Po.S'1\~ s y_s"'~~-1"'4 1'' IS l> s"
f?u1Li)1-.>G C>iJ /lb.JA<:e.JT P~PGf:'..T'( +\A..S (/f/2.l/t6LE sc-rsAc·K--
vAe-..ArJcr= PR'.l?V1ousL'( 6~"'""111?1> .ON f\X>-lA<:eN\ f"ROP~l'T'
6F "3 11 Pel>M P~l"E'2-l'T" L11JE:
3. Why do you feel that the variance should be granted: (refer to instructions,
-use additional-pages if needed) ______ _
E~C.l?PnoiJAL sHA-Ll..Ot.VNE'SS oF Pe.o'PEeTY
. ,
. -
.·;
•• 4. List all property owners within two hundred (200) feet of property for which
variance is being requested. Copies of the Public Notice should be mailed to
your neighbors by registered mail and the receipts presented at the hearing.
1) Mv rJ s ~Li.... R.O B t=e.T " tj--MA e .,.,
2 ) cAR.VE«-
1
t11.7.eLe-
3) S L A IT IE' 12 'f I iJ I LL.I A IY ..,. .j u l> I I H
4) lf-o.J M-r. INVESTM!=,J"\ LT!::>
5) })EtJVE R... '4-f-10 C~l\f\JhE" R....R. .
G.) \CE Pot-l .J. ~ f-"1'1:> ~eA
'1) STATl? t-\tbHWi\Y t.EJ:>I.
. ··. '. ... 'IMt""" ---~ .. . -·--·· ---···-··-,..~ ----5. Describe water supply, sewage_ facil it1 es ,'-uti liti e~ .• arrcr··acC:e~ to-pr.D'p!!rtY;---: ----~
(use additional pages if necessary) · .,,..
'-
W~LL...
\. S, t> _S,
f' ow e-e_. t\-T Pe.<i P€1<-T'r' L-IN6'
Ac..C€!;S OFF COV#,JT'l' /?_b (s;'-{-.-.... _
--· -.... ~-.. ·-· •. -·
6. Attach a map of legal sized paper or smaller drawn to scale showing all im-
provements (present and proposed) and all pertinent distances and area. Show all
improvements on your property, and all neighbor's property within· two hundred
(200) feet of your boundary.
-2 -
. . . ..
;:.:
-"-":
• • 7. is to the best of my knowledge.
Variance granted---------
Variance denied----------
Board Vote:
Member
Attested by:
Peter.M. Cabrinha
Chairman
•.
For
-•• -~ ' .... -• -• "">;
Form approved by Board vote on April lB, 1974.
, ~/I.' /J,1 . ~ ~ ~
Against
Mary F. Ode 11
Secretary
• • RECORD OF CONVERSATION
OUTGOING:----------
TIME :__,/_.t:J__,_; _,_/._'f"_......,,..._~-
h ~~ FILE:
COMMENTS::~__!~~-~~~~~-~· ~~tt,~~__...j~_J_~~~~~~~
• ·-I • • RECORD OF CONVERSATION
DATE:_~.....::::---1-..c+---OUTGOING:_--""'-'--------
TIME: -+'""--~--~~~
FILE'-~""""-....:;_-"--'~--
FURTHER ACTION REQUIRED:--~~------~---------
'ID:
Fa:::M:
DATE:
RE:
• GARFIELD COUNTY
PLANNING DEPARTMENT
MEMORANDUM ----------
Board of J\djustnent Director~ Mark L. Bean, Planning
July 10, 1985
earl Midland Variance Request
•
Please note that the meeting scheduled for the aoove request had been
tenatively set for 'lhursday, July 25th, however, Mr. Midland has advised
this office that he will need to be out of town at that time.
'!he request will be heard on 'lhursday, August 22nd, so please note this on
your calendars. Thanks.
109 BTH STREET, THIRD FLOOR 945-8212 I 625-5571 GLENWOOD SPRINGS, COLORADO 81601
• • RECORD OF CONVERSATION
OUTGOING: __________ _
FURTHER ACTION REQUIRED: __ ~,,...k.-...~=· ~ L-><~-~~---''------'-&-----'6_4"1--fl-f_· ~ll ___ _
fl
•
•
TO:
FROM:
DATE:
RE:
• GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
•
PLANNING/ ENVIRONMENTAL HEAL TH/ BUILDING: 945·8212
M E M 0 R A N g g ~
Board of Adjustment Members
of Planning~~ Mark Bean, Director
June 20, 1985
Board of Adjustment Meeting June 27, 1985
Enclosed is a copy of the staff recommendations on the variance request of
Carl and Mary Midland scheduled for 3:30 P.M., Thursday, June 27, 1985.
Also enclosed is a copy of the minutes of the June 28, 1984 meeting for
your review.
AGENDA
3:00 P.M. Organizational Meeting -Election of Officers
3:30 P.M. Carl and Mary Midland Hearing
NOTE: The meeting will be held on the 3rd floor of the Courthouse, Room
301.
GARFIELD COUNTY COURTHOUSE I 09 BTH STREET, SUITE 306 GLENWOOD SPRINGS. COLORADO 61601
• •
VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST
OWNER/APPLICANT
LOCATION
SITE DATA
EXISTING ZONING
ADJACENT ZONING
I. DESCRIPTION OF THE PROPOSAL
Request for a variance from Section
3.05.06 (2) rear yard setback and
Section 5.04.03, lot area
restrictions based on sewage
disposal method to be employed.
Carl and Mary Midland
A parcel located in the NW 1/4 NE
1/4 of Section 1, T7S, R89W; more
practically described as a parcel
located 1/2 mile southeast of
Hardwick Bridge off of county Road
154.
A 0.61 acre parcel
R/G/SD
North:
South:
East:
West:
Residential/General/
Suburban Density
R/L/SD
R/L/SD
C/G
R/G/SD
The applicant is requesting two variances to allow for the placement
of a building for use in association with a nursery. The first
request is for a variance from the rear yard setback requirement
(Section 3.05.06(2) of 25 feet to four (4) feet. This would allow for
the placement of the proposed building. (See page ). The second
variance is to allow for the placement of an individual sewage
disposal system on a lot less than two acres in size without central
water (Section 5.04.08).
II. MAJOR ISSUES AND CONCERNS
1. The proposed building is 30 ft. by 40 ft. in size and would be
near the Modern Kitchen complex which was placed on the adjacent
lot by variance too. To meet the required front and rear yard
setbacks would only allow a 19.03 ft. wide building on the lot.
The rear lot line abuts up to the Denver and Rio Grande western
Railroad right-of-way. Given the unusual configuration of the
lot and the fact that the rear lot line abuts up to the Denver
and Rio Grande Western Railroad, the requested variance appears
to be reasonable.
2. The area in question does not have any central sewage disposal
systems available to lots in the area. As a result, all of the
lots in the area have individual sewage disposal systems
(I.S.D.S.). It would be reasonable to allow an I.S.D.S. on tnis
lot provided it is properly sized for the proposed use and meets
the County Environmental Health Regulations regarding individual
sewage disposal systems.
III.FINDINGS
1. That due to the exceptional shape of the lot an undue hardship is
created.
• •
2. That the variances requested are the minimum necessary to
alleviate the hardship.
3. That the variances granted will not detrimentally affect the
general public, including surrounding property owners.
IV. RECOMMENDATION
APPROVAL of the requested 4 ft. rear yard setback and the request to
allow an I.s.o.s. on a lot less than two (2) acres provided it meets
the Garfield County Environmental Health Regulations.
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•. • • BOARD OF ADJUSTMENT MEETING #140
BOARD MEMBERS PRESENT:
Peter Cabrinha, Chairman
John Tripp
Mary Odell, Secretary
Velma Ragle
Denise Acee
COUNTY STAFF MEMBERS PRESENT:
Mark Bean, Senior Planner
Earl Rhodes, County Attorney
Ellen L. Hicks, Rec. Secretary
June 28, 1984 -Meeting #140 -Gale & Jane Hoffman
Hearing Called to order by Chairman Peter Cabrinha at 3:35 P.M.
Minutes of Meeting #138 were reviewed. Mary Odell requested a
correction of a typo in the spelling of Velma on Page 3 and then moved
to approve the minutes as corrected. Velma Ragle seconded the motion.
Minutes of Meeting #13B approved by acclamation.
Minutes of Meeting #139 reviewed. Pete Cabrinha moved to approve
the minutes as written. Denise Acee seconded the motion. Minutes of
Meeting #139 were approved by acclamation.
Chairman Peter Cabrinha announced the only matter on the agenda;
Applicants Gale & Jane Hoffman, requesting a front yard setback on one
corner of his lot by 2+ feet.
Earl Rhodes, County Attorney, advised that the mailings, public
notice, receipt, and proof of publication are in order.
Mark Bean asked the exhibits be marked as follows:
Exhibit A -Application
Exhibit Bl -Proof of publication from Glenwood Post
Exhibit B2 -Proof of publication from Rifle Telegram
Exhibit C -Return receipts
Exhibit D -Staff Comments
Mark Bean then advised the Board that the variance request is to
Sections 2.71 (a)(2) and 10.4 from the Battlement Mesa PUD Zone District
Text. The property is located at Lot 10, Blk 16, Monument Village PUD.
Secion 2.71 requires a 25 ft. front yard setback and Section 10.4 requires
the same setback for a backyard setback. He then reviewed the staff
comments regarding the details of the variance request for a 2.2 ft.
variance setback on one front corner.
Gale Hoffman addressed the Board, told them he did not realize he
had a setback problem until the house was complete, it apparently was
a contractor error.
John Tripp asked how the matter came to the attention of Mr. Hoffman
and the County.
Gale Hoffman advised that an imporvement survey was done for
financing purposes and the situation came to light at the time.
Mark Bean told the Board that the BM! representatives plan to
submit an amended plat to the Board of County Commissioners, which
would be the administrative procedure to correct the conflict on
setback requirements. Mr. Hoffman's neighbor has a similar situation.
The plat map contradicts what is allowed and that line of the text will
be deleted or the necessary corrections made.
John Tripp recommended some action to reprimand the surveyor. A
discussion followed.
Pete Cabrinha observed that surveys are frequently inconclusive.
Mary Odell moved to approve the variance as requested. Velma Ragle
Seconded the motion. VOTE: unanimous . VARIANCE GRANTED AS REQUESTED.
Meeting adjourned at 3:50 P.M.
·.
Page 2
Board of Adjustment
Meeting #140
APPROVED:
Secretary
• •
Chairman
• •
Take Notice that Carl !h_Qrn:L~_N..__t_it9limd__ ______ _
(has) (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 parcel of land situated in Lots 34 and 35, Section 1,
'l'OWnship 7 south, Range 89 west of the 6th P.M.
Practical description (location with respect to highways, County roads and
residences): Located approximately 1/2 mile north of the intersection of
of County road 154 and Highway 82, adjacent to the north
property line of Modern Kitchen Ccrnmercial Building,
off of County Road 154
Sa id variance requested is to permit the Pe ti ti oner( s )_ to establish a ?i _ft~. __ _
_ rear yard setback off County_~_?P 154, __ an_sl. install an individual se~~----
-disposal system on this lot which is less than tl}_e minim~Qi._size required
for such a system
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 qrant or deny the request for variance. This variance application may be reviewed
at the Planning Department Office located at Suite 306, Garfield County Cburthouse,
109 8th St., Glenwood Springs CO 81601, beL-ween the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday.
A public hearing on the application for the above variance has been set for
the 25th day of Jully , 19 85 at the hour of 3: 30 p.m.
in the Crnrnissioner' s meeting roan, Suite 301, Garfield County Courthouse,
109 8th St., Glenw:x>d Springs, CXl 81601.
. , •
.. 1
, .· r • , .
"·.~11tWta Mor·n. '"' rnfht·ok..iwoOc1r .. 1., _ .. , ...... , _ _:_:_ .. ___ ,· ____ .J...;_
• PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
SS. N!! 16658
COUNTY OF GARFIELD .
I, ............... Ro.b.e.r.t .... C:: ..... Hel.sl.ey. ............................. do solemnly
swear that I am ........... <3.~D.~:C:.et.~ .... ~~1:1.<1:9..~E ......................... 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 v.•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 nun1ber of said newspaper for
the period of ....... ~ ....... consecutive insertions; and that the first pub.
lication of said notice was in the issue of said newspaper dated
.... May .... 23 .................... A.D., 19 ...... 85, and the last publication of said
notice was in the issue of said newspaper dated , ............. .A.O.,
19 ........... ..
In witness whereof I have hereunto set my hand this ......... 2.3.r.d
M 85 day of ........................... A.O., 19 ............ .
....... ae naCJ£l~? ................. .
Subscribed and sworn to before me, a notary pu~n and for the
· ec;unty .of Garfield, State of Colorado. this ............. 23rd .............. day
May 85 of .... : ........................................................... A.O .. 19 ............ .
(SEAL) ... ~Y.r.\.~ .... K.: .... J.!..':Y.J!.!.:i..~9.Wl
Notary Public
· . . . My Commission [xpircs Moy_ 3, 1988
My Comm1ss1on Expires ....................................................................................... .
2014 Grand Ave., Glenwood Springs, CO, 81601
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•
• •
VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST
OWNER/APPLICANT
LOCATION
SITE DATA
EXISTING ZONING
ADJACENT ZONING
I. DESCRIPTION OF THE PROPOSAL
Request for a variance from Section
3.05.06 (2) rear yard setback and
Section 5.04.03, lot area
restrictions based on sewage
disposal method to be employed.
Carl and Mary Midland
A parcel located in the NW 1/4 NE
1/4 of Section 1, T7S, R89Wi more
practically described as a parcel
located 1/2 mile southeast of
Hardwick Bridge off of County Road
154.
A 0.61 acre parcel
R/G/SD
North:
South:
East:
West:
Residential/General/
Suburban Density
R/L/SD
R/L/SD
C/G
R/G/SD
The applicant is requesting two variances to allow for the placement
of a building for use in association with a nursery. The first
request is for a variance from the rear yard setback requirement
(Section 3.05.06(2) of 25 feet to four (4) feet. This would allow for
the placement of the proposed building. (See page ). The second
variance is to allow for the placement of an individual sewage
disposal system on a lot less than two acres in size without central
water (Section 5.04.08).
II. MAJOR ISSUES AND CONCERNS
1. The proposed building is 30 ft. by 40 ft. in size and would be
near the Modern Kitchen complex which was placed on the adjacent
lot by variance too. To meet the required front and rear yard
setbacks would only allow a 19.03 ft. wide building on the lot.
The rear lot line abuts up to the Denver and Rio Grande Western
Railroad right-of-way. Given the unusual configuration of the
lot and the fact that the rear lot line abuts up to the Denver
and Rio Grande Western Railroad, the requested variance appears
to be reasonable.
2. The area in question does not have any central sewage disposal
systems available to lots in the area. As a result, all of the
lots in the area have individual sewage disposal systems
(I.S.D.S.). It would be reasonable to allow an I.S.D.S. on this
lot provided it is properly sized for the proposed use and meets
the County Environmental Health Regulations regarding individual
sewage disposal systems.
III.FINDINGS
1. That due to the exceptional shape of the lot an undue hardship is
created.
• •
2. That the variances requested are the minimum necessary to
alleviate the hardship.
3. That the variances granted will not detrimentally affect the
general public, including surrounding property owners.
IV. RECOMMENDATI'ON
APPROVAL of the requested 4 ft. rear yard setback and the request to
allow an I.S.o.s. on a lot less than two (2) acres provided it meets
the Garfield County Environmental Health Regulations.
,, \ • • t
I
Variance Application Instructions
1. An application for a zoning variance must be made to the Garfield
County Planning Division. The complete application must be submitted
at least 28 days prior to the Board of Adjustment meeting for which
the request is scheduled. The fee for this application is$ 35.00 and
must accompany the application.
2. Once an application for a zoning variance is submitted, the Planning
staff will review the request. If the application is complete, the
Planning staff will schedule a public hearing with the Garfield County
Board of Adjustment.
3. The following steps must be completed not more than 30 days nor less
than 15 days prior to the scheduled hearing with the Board of
Adjustment:
a. A public notice must be published once in a newspaper of
general circulation in that portion of the C~in which the
subject property is located at least fiftee 1 ays prior to
the date of the public hearing. The Planning ivi~ion will
provide the Public Notice form which must be verified and signed
by a Planning staff member before it is submitted to the
newspaper. The Proof of Publication, which will be sent to you
by the newspaper along with your bill, must be submitted at the
Public Hearing.
b. Copies of the Public Notice form must be sent by Certified
Return Receipt Mail to all owners of all property within two
hundred (200) feet of the subject property at least fifteen (15)
days prior to the Public Hearing. The return receipts showing
receipt of notice shall be presented at the Public Hearing by the
applicant, unless the applicant is able to otherwise show
evidence of adequate notice to such owners.
c. The property for which the variance is requested must be
posted with a sign provided by the Planning Division at least 15
days prior to the scheduled hearing date with the Board of
Adjustment.
IMPORTANT: Publication in the newspaper, the certified return
receipt mailings, and posting of the property are the sole
responsibility of the applicant.
CHECKLIST:
A complete variance application includes the following items:
V 1. Completed application form
---ia'+--'J.,-. -
j)-/t
2. $35.00 fee (non-refundable)
3. Completed public notice form
4. Map showing all improvements (present and proposed)
on the property and the adjoining parcels and all
pertinent information related to the variance request.)
5. USGS topographic map showing the location of the proposed
property in relation to the nearest town.
• •
APPLICATION
GARFIELD COUNTY ZONING BOARD OP ADJUSTMENT
C'A~t. J, ..,_ M#'r' .J. H 11:.t..-IWl> request (s) a
applicant/owner(s) name
variance to Section J.Q~,olz A=@ 1'. o't.o3 of the Garfield
section number designation
County Zoning Regulations concerning_.,g~e~A~~""---~Y'.~~~.e..1>.:?:.._~-----------
type of variance requested
to permit Fovrz.. Fc<>-r iz.eAie. S-€T•\AciL
D•<i po.SA~ 5fsrrM tJ11> Tt11s: '-"'T wtl-1ctl 1 s:
in the
district
OWNER (' A~t.. J. .... H 1412-'( ,.J. M I I> L-Al'lb
Mailing Adress: 01Z.'-157 R-1>
1 N :>:r&t...L 1 tJ\) 1 Y> btML SE w 1 A:td (?
L c= SS t&vJ DfE !'j' "'Hhl,j t.rr 5 n e
of applicant/owner(s)
PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (Example: One mile west of Silt
on State Highway 6 & 24):
O.Vf: evAe.T.-11.-M ,.._e. ,Jt>IZ-T"~ ""E'"'T t>F •.J•e1Z-SE'<0"T•<'.J <PF tlwY /j'·>--'¥-CC" ll.-D 1$"'-{
LEGAL DESCRIPTION OF SUBJECT PARCEL:
A .PA-~c.i:;t. oto LA.Vt> SiluA•E.OD IN 1-01s "3"'/ AAJJ:> SS:
TO".JtJSH•f> 7 sou/HI /CA.vGF gq k.lE'ST Or 'rHE
WATER SUPPLY: INJ::>i\J 1~ \JAL \,i,)El..-l--
S FCT\t>tJ \
I
(,TH l>,M,
METllOD OF SEWAGE DISPOSAL: ....J..~S"--"':.....::~:__-------------------
UT IL I TI ES PROVIDED: E'LC::c\. I(. VA 11..-A-~ LG:
APPLICANT'S REASONS WHY 'I'HE VARIANCE SHOULD BE GRANTED: