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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. • • • .. ., - I \ I I \ ' , I:. ---;- -.?- \ ,, \ \ \ \ \ I I I I ' I I " I ! • I I \ I I I J I \ \ \ ' \ \ \ q I -' . : I \ I , I . .. -'.:. -n., N . .(- ~ 0 4\ n )> .. ~' \· rr. -.. -• ~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 - I I ,.· I - - - - - - - - - - - - - - - - - - - - - - - ---------- - ---- - ---- - - - - - - - - - - - - - • 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. ~ ~ ·1 ,_,,r~ ~ Scf~r--ol<_1 5-1~ ~ ---~. I I I I I • -- I I ~ ' . \ ' \ \ ., \ ' -, - I I ' ' ' I \. ! ~-I I -3 - ' ' ' \ I " I I l i I \ I I J I \ \ \ \ \ i ~ I ·' , I ' I l I \ I . I I I I I : I ~ ' pf, -;... --I}.~. ~-t. '~. ' . ~ i ...\.:. ,,, . -.....---·--~-( ! ·r i.:; I I -. . .. t.'~ .. .. .-' ~o·t,/ ·.·"" '-('., • . fl' N ' + ~ 0 ~ ~ )>-,. -~' \· m t1 )> ! . (ll () }> "1 •• p 657 1173 144 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAIL (See Reverse) ~l"-"-"~""'""'"---~""""'.....,,~---''='-='-'--l ~ Postage $ ::> .. 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Arllcle ~ddf'WM<f to: poN 'i-IWbiW. ICE · ; _ S-'7 11 I (\/-'2-b · Slli>'~j ': '(£(1/W61D ~pflW&S I (tJ.· 4, Tvpe of Service: Article Number § Rtgi118rtd 8 Insured c..tllild COD Eicpr111 Moil '• ,, 1i~~~.~819ft~ew:!§:::~(-~A~gon....:::t~~!!:..,~~~~~~..J l·~~r/lmliiiiiiii~rl ., _____ ____, .. &eNDER: Complet1-1,a,aanc14, Put your acklretl In the "'RETURN TO" apeceon 1he revene•lde. F .. lure to do thll wlll prevent thl1c•d from being NNrMd to you, Ibl EIDlm .-.1111 f11 Dl't orcw1511 vou the name.of the~-~ to and ttte dlt• of diihiiV,· #or edditl~ ihi OW int MrVk11 are nallable. Contult POttmeeter for, .. and check boxf•) for MrYloelt) raqu1tt9d. . ·----··· ~__.,-- 1. 0 StJ';'""' <:.-.... ; • ....,~CfOt• e.:.CS eddreu of dellvery. 2. D R11trlcted Delivery. 3. Anic:I• Addreued to: /11 li-"IU ( (ff,e ~ te- t/f't.ff I f'f .el> ~/t,,o/ I tl?.N/V,d/) Sf?tt.1,v6~ Ct!I. 4. Type of service: Arth~I• Number § Registered D Insured Cenllied D COD Express Mail Alwar; obtain signature of addressee.m,agent and g6I-12ELIVEREDr I. Signature :J:dd~ x YY1 '. <. _,,r:, :-.... L_..- a. Signature -Agent x 1. Detl of Dlll•-V x-· . (, f <" 8. Add ....... eAddrell 1-.. ... _ .. ..., __ , iJ SENDER: c:omii--1.a,3ond4. f Put your eddreu In the .. AETURN TO"epeceon the rtwl'M aka. FetluN to do thll wlll Pl'9Wftt thll card from l!J being retUrned IO you..Tbe fMUtD "ff'pt fM wl!! ptpykl! = ~:r:~A~":.W:.0'· t ::1lif1. COnlult POltnteaar for f .. and check b01e(•) "" tor HrV'°911) reQUM«I. i 1. Cl Show to whom. ctMe •nd 9ddreM of d•llvery. 2. 0 R91trlctecl D1Uverv. 3. Anfcl• A~ to: "' IV t UI If I"" 'I ,/lfi) ffll ~ l/1-TT 8!-'( ~I~ i.f I rt./ 12-1> . , . 6le-M'P sp,e,.,.; 1.r, t't:J, git"";/' 4. Type of Service: § Registered CJ Insured Certified . CJ coo e..,.. ... Mail Anlcle Number 1. 0 $how1owhom.de1e•nd9ddrestofdellvery. 2, 0 R•trlcted Delivery. 3. Article AddrelMd to: fl.1)81'. rt/l~Y Mt/II/~~ '/f'I/ /Jlf /U). ~ltd? 6tE/Y'WoPI> S'j>.e/~~ ('o, "' / 4. Type of Service: Article Number § Rogistered 8 Insured Cenlliod COD Express Mail Alwevs obtain signature ol addressee.m.agent and DATE DELIVERED. ., ! 7. D _of livery ,,-i fT.Ac;;l";/;;;. -iO'i'. "Ml;i;;'. ii71.:., ~~;;;;rarr;;;;.ifi1/1 .. ) __ _____, ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------ - - - - - - - ii SENDER: Comp--1,2,3ond4, i Put your •ddte11 In the "RETUAN TO" IPIC• on th• r9¥9rH tide. F•llure to do thll wlll prewent thlt c9fd from W being returned to you. Tbt gsum =*t !n wlll pr9'!1d! ~ :S ~!!!!!!!!of·~ CIOll!!!!!! 10 encl-dot• ot ~ CiiliV!rV•Yc>t eddit~ ihiiOIFowino ..,., ... ,. , .. avallebl1. COMUlt poetmener for 1 .. end check bo1111i•> <I' for nrvJcel1) requllMd. I 1. D Showtowhom,deW•ndMldrn1ofd•ll~. 2. D R•trJct9d o.llvery. 3. Anlcl1 Addrlllld to: ~ "~". J:J I Y, ffu/'f' s . (/z,.O f, <i I J..J 't,A.J!) .J l/,VC..,.101\1) Co. 4. Type of Service: Artlcl1 Number § Regl1wod B Insured Ceitlliod COD E"Pl'OIS Meil · I x ; 7, Date of Delivery 8. Add,......1 Addr I 85 ~-----M . :.:· ' -: ~ l ' ' ' _, ' ~~10\~.~- -r ~ ... J, ill HlllDER: Comp--t.2,3ond4. J' Pu1 your eddr ... In th9 4 "RETURN TO"' tPeC• on the I revene 1lde. Fellur1 to do thll wlll prevent tttlt Qlrcl from W being returned to you, Ibt r!hfm mtJpt te wlll prprld! :J ~-olthe_!!!!!!!!!~-to•lld-datool .. iifVfu. for edditi0ftiifi9 ihi foHOWtni wvlC .. are .. avaUebl1. Consult PQnm81Mf' for f .. end check boxC•) ~ tor tervlce(1, requested, · I 1, 0 Show to whom, det9 •nd edd,... of dellvery. 2. D R!lltrlcted Oellvery. •. Type of Service: Article Number § Registered B Insured Cel1ilied COD Expr ... Meil . Alwavs obtain signature of addreuee.m.agent end DATE DELIVEREQ. I 8. Signature -Ador ..... : l~~~~m ),_____ _ _____. -------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • SENDER: Complote._1,2,3ond4. ·Put your addtell In the .. RETURN TO" IPIC• on the ,...,... .. de. FaUur9 to do thll wltl prevent thltc.rd from being r9'Vmld to you. Ibl WYED mlia! !,IJ fdll ermlQI ~DF.iiOof-~dOll-toO thedetoOf O~ idditi~ iii ioatowtniMrVIC• •re . ev .. leble. CONUlt pottrnlder for f .. •nd check bO•C•> for Mf'Vk: .. I) FeQUllted, 1. 0 Show to whom. dat• end addret1 of dellv.,y. -2. 0 R•trkted Delivery. ----------------- 3. Artfcl• Addreaed to: I (U).J N.T. , ..iv. t..-Ti> S'lf1Te c... IA "' f.,£.. ?l.AzA- 6 lEiJWOOl> $';>~JIJ6 s I (II, f({,()y 4. Type of Service: Article Number D Registered 0 lntured E Certified D COD • •· E"f! ... Mail AIWavs ·obtain signature of addresset.Qtagent and QA!§ OE~IVE!!§D. 6. Signature -Addr .... x e. Sign1ture -Agent x j i 7. Date of o.lfvery 1 8. Add-•-·-··-• vMtWllt111llllflf«,......, i mlDlAnD Landscape Contratlr, Inc. , 0726 137 Road • Glenwood Springs, CO. 81601 A ,~ C) '.9 -..-. E C ,..c . .· .. ,;=,,.,.-,.. \, ~~~ IS1 . (." ,,.-·::. ·~'t ... · -:.;.,--~· ~, IRO 00 (· .. ·0- ,_~~ ... ~. _. __ .. -: ; /~. ·-:,.. I' . NO (' "tRO 18 04~~....+-08/07 /85 . . · / IA"t.o~ -~·:::: ~~~~~]°'Na. J.23Qi -FOr -(o \o~!H '~"FcILE. . 1-LA~o:,~HECK UNABL-OR~ARD OHOUJ Btta RECEIPT llEOUESTED ,)>. llATE /!Zo,,/ HT. /H'i/. L/':'!. ·./Ir,~ f , . " , l_:,, 1 0 1985 D'f'LO : ~t/rTE c G C.G"/l/'W'tJt7# ,,,...-' ~ !!: I I t-L. ,P uf z.,4 C~. f?/b O'V' lSTftOT1cr ATE 21<0NOTIC£ llFriiRN ~~ ''J¥_-0 J lSTN&1r1,;1:. 2NO fla:>TICE Delochedhom 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." \ \ \ "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. ·. ~· -- •-------------------------__. __ -- 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. 1 l • ( I \ ' ' ~ \ \\ \ ,, \ \ I \. \ \ I I I l I I I J I \ \ \ ' • \ ~ I -• . i i I I I ! I I . I I I . .. ff" N ' •. • • 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 \ II \ < . \ . __...-·· I\ 0 c 7. 1 -\. < \ \ I\ . \ \ I \ I \ \ I I I \ I \ I I I I I I I I I I I I I ) I ' .... \ \ \ \\ ~ 1-1 I I I I I I i( I . I I t;J ~ z. t:. Ill ~ + ~ 0 ~ ~ )> z_ \? 11\ 1'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) 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: