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Home My WebLink About1.0 ApplicationGARFIELD COUNTY Department of Development 0 !Wilding IY'Planning I 09 8th St. Suite 306 Glenwood Springs, Colorado 81601 Telephone 303: 45-82 / 625-5571 N~ 002901 I OCASH ~CK May 27, 1986 Royal and Nancy Hayward 1748 E. Elk Creek New castle, <X> 81647 Dear Mr. & Mrs. Hayward: GARFIELD COUNTY PLANNING DEPARTMENT ' 'Ibis letter will serve as confirmation that on May 22, 1986, the Garfield O>unty Board of Adjustment, by unanimous vote, approved your request for a variance to the front yard setback requirement of Section 3.02.06(l)(b) of the Garfield 0>unty zoning Resolution of 1978 as amended. '!he variance was granted to allow a front yard setback of 22 ft. from your property line. Please note that all other applicable regulations of Garfield county must still be conplied with. If you have any further questions or concerns, please contact this office. Sincerely, Glenn Hartmann Planner GH/emh .sv~ nr .J~ 3 109 BTH STREET, Tl llAB FLOOl'I 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY PLANNING DEPARTMENT GARFIELD COUNTY COURTHOUSE 1 09 STH STREET SUITE 303 GLENWOOD SPRINGS, COLORADO 81601 :""' ~ ...., <" v e (\i >< S" a--' I o::> ' • GARFIELD COUNTY PLANNING DEPARTMENT GARFIELD COUNTY COURTHOUSE 109 8TH STREET SUITE 303 GLENWOOD SPRINGS, COLORADO 81601 c:._ ~-s: ' ;? g,._ ' ' I I: x s- v- ) \' = () ':' • 2014 Grand Avenue. 945-8515 Box 550 Glenwood Springs, Colorado 81602 3489 • Royal Hayward Date 5/7/86 1748 E. Elk Creek New Castle, CO 81647 Description 39 lines @ .37 one time [GI~ o ~ ;:_r 5p3/HG, )9 J Legal #17794 -varian All Accounts Due and Payable Monthly Charges 14.43 Bal. Due. Tolle Notke fhol' loyol ·ond Honey Hoyword. hove_ opplled to the lonlnt loord ol Adjultrqnf, Gotfield COVtlty, Stote o1 Colot'odo, f!:t tretit o -lane• In conn.c:tlon w'th the tollowlnt 6"crl>ed prOf*fy tllvoled In the County ol Oorti.ld. Stot. 61 Colorodo: to-wit: l.,al 0.1crlptlon: A porcel of lond 11tuol«t In the NE 11' SE 114 hctlon 13, T-nshlp 5 bth, longe fl Weit and In Lot :t, Section 11, Town1hlp I lovth, llonte tO Wffl ol the 61h P .M. Pr0<tkol' DftcrlpHon (locotlon with 1'91,,.cf to hlthwor. · Covnfy rood• ond ffliffncfl): LoootM eppt0xlmat.lr • mli.. notth of N-C..tle off C-fy ' ltood241, al 1741Eo1tE16iCrffl:. Sold vorklnu r.qw11ed h to ollow the PetltloMR relwt from S.Ctlon :t.02.0S(IKI) to allow o 22 h. _hont rord .. tbock on the obowe dncrlbed property. AH perton1 offect9d ~ the propoMd -~ ore lnvlt.d to appear ond •to .. th.Ir wlM. protettl or obfectlon1. H you cannol 'appffl' penonolly ot tuch mfftlng, then you ore wged to stole rour ...tewt by letter, partkulofly h row hove obt-ctlont to ·~ VCH'lon<o.r~tt, 01 the Zonktg loonl of Adlustment' · wlll glwe con11dorollon to the commente ol turrovMlnt property own•rt ond othen .tfec:Md In decldlne wMth.r to 9ron1 Of' ct.ny tM feel"'' fof the Wf'ianc9.' Thl1 \ orlonc• oppllcollon may H ,.,n•W9d Gt th•ofHc• of tM "onnlng O.portm9ftl 9oco1.d 01 109 lth,lkffl. lull• 303, GorlMkt County CourthouM, Gt.nwood, 'Prlngt, Colorado b.twHn tM hovrt of 1:00 A.M. ond · 5:001'.~ .• Mondoythrovghfridoy. ' . ---. ~ ~ ...... :: That pvbllc Moring on the oppllcoHon fof the obciW VOl'lon~ hot H.n •el lor ..... ~-cloy of Moy..-1916, ot the hour of 3:30 I' .M .. in t ... CorniftlnJonen· H .... lng loom, lull• 301. W Floor of the Gort1"cf _.CoUftty Courthou.,.:'109."""'41S•;-01 1~..CO.--:I ;IOnnlnf O.paftnwnt GorfMld CoUnty Pvbl11Md Mor 7, 1986 In the Gl.nwood l'ott. PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } SS, COUNTY OF GARFIELD. N2 17794 I, ............ ~.2l?.~.!:':! .... £., ..... ~~J.§.t~.Y. ................................. do solemnly swear that I am ........... Gene.r.al .... Manager. ......................... 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 conlinuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of lhe annexed legal notice or advertise- ment; that said newspaper has been admilled 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. vertisemcnts within the meaning of the Ja\vs of the State of Colorado. That the annexed legal notice or adverlisement 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!.ub. lication of said notice was In the issue of said newspaper ated . .M~Y. .... :Z .......................... A.D., 19 ....... 6.6, 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.th .......... day of ................... M.av. ............ :n ... _A.D., 1~9 ....... 8 ............. ~.naff'i1p{;bllsh~ ............................. .. Subscribed and sworn to before me, a notary pub ic in and for the County of Garfield, State of Colorado. this .......... 7.t.h ..................... day of ............... \':lil.Y. ....................................... A.O., l§l.6. ...... .. (SEAL) ........................... ,µ.;. ..... &..~.d.. ........ .. Notary Public My CA!>1nmission Expires ................. ~.~'.~ .. ~.~· ............. ~ ............. : .... ·~ .. :.'. ... ~ ... ~~ ... .-~ .... . 2014 Grand Ave., Glenwood Springs, CO. 81601 p 246 513 2'1ll RE CUl'T FOR CF FlllHHJ MAil ' . ' ., 1>.''I .I,','•,.,~·'' ,, Cle yo Fe rrl vi ""17s'~ 2.Lf1 Ro\. ~ l\Je ~ t:i 1~ [~, C'o. ' I~ L/ 7 tj ~ f'l'',\ij' ,P{?- • fl, .. ,!·1, !1·.1 [J,· .. , I,., fkt·1·r, H.•, "'f': ·,> ·h I IP""'"'"' d'rd I l,1'. r1t . ''" fJ.•:_.rr• f;,., t' f'! •,I, l,\1 1 1 !·i >'.I·. [),1".· ,i·1· I /\, ! 1'" · : ( 1, ' ·. <", (-~---:~-~ '>-.. -~·.C..O \ I .l. 1 p 21!6 51.3 285 RECEIPT FOR CERTIFIED MAIL NO INSURANCf COVHlAGt PAOVIDEO NOT FOR INHANATIOt.AL MAil (Sec Reve1se) i~-sco~0 _ _:F<e_d J)a.v}J_s_on Street and No -r k 1--__,_.7__._.. ___ E. ' t Cree p~'i:i'tg"G-f"k ~--'6l<o 11 q ._ ~ Poslage s :::> • Ct>r1'l•ed Fee Special f)(>l1vcry F ec Res tr•( led Dl'l'vf'ry r t-'e R<"tum flece•r! :;.how1ng to whom ;_ind Ddk Delivered D s \~7 "' p 2llb 513 211'1 RECEIPT FOR CERTIFIED MAIL r<) '\', '!,\',• f (·t1'EH~ ,f P~·JJ,(Jfl! •, 11 , .. ·\ 1 ', 'f w~,.\ r .. · '"~'-f . .ll,-: s,.,,, ''Ro l(ond bow {gC _ C.EIA (ree~ St<e('I <H1f1 tJ., _/752 - r• I'_'_, ~,i11,~ ,1;,' 1,.t'I • c " 1t· A N<-~ l (,st-le, lo. SLfQ'fl !k:·.orr1 flt•••··>•' '"''"'''·I t,_, I'·''''"· d1·,1 [1,,•, 1-l,• ,,.,.,,.I .,~2, , "J-5 ~ fkt.H•1 H ... "1.t ,.,.,"•I I•) ... 1 .-I )<11•· 1•1d f• .. 1-Ir" , , r ,f I lt> •"" ll)'i'l1 f' ··' 11· .b I ci .: ci uj " p 246 513 288 RECEIPT FOR CfRTIFIED MAIL r,._.1~. ,1·p1,•r' c,:,.'!11-'.,~ f-Hu·,·[1t_;1 r,: 1 f,,., ,,1;w.~:1.1·.~, ~1~1: 1 S1·,-· ff,•·, (•:..,t•) s1<._y7 ., Ce<t1t.,·'1 f ,.,. _").J/ '(~ '.c.;n»' ,I [h 1 ! ,.,, H"1t1" Ht·1, 1•' _t., "'r ! Ii> "' ~ ' ' I ' I I I I ii ' ' I ) " Hf'l"rr· flv Y. I 1 ' Y. > '''' [1_11. i• ,j A "' I 11 ,, " .. , l ()I /\i f', 11.-. p 246 513 281. Ht<.;t.11-'l fUH <.;tHllHED MAIL •k'u·, ~I•· It• 1·.'1 ~. 'r,'' I, f· ·."' r I ') ; i R .\ '., l f"l(J 1;' ~:I i) ' •. 1 f~,; '.llH',,\J•.:1r.,,A1 ~~A!l 1Sl't' f{t'H'l_-.eJ :. r J [J, '·····•··I H( '.1" fl,· 1•.' '' '"· '•I'" ,,1,,,,1 10 ' - • c r 1.1'• _'_'_A~'-· __ , r_i,.:_:_··.:.' --1------1 ~ "-----./..c.<C..--~~·~··:__.::.~t__.l,._;:fo'.._"7.L.J ~ f', • ' ! I :(/ '. ·~· ! 1-\~tJ·:: "' p 246 513 287 RECEIPT FOR CERTIFIED MAIL N'J ll.S11R<\'•-~ ( 1"JVlRAGf PH.Will! LI Nill >OH INTlHl.A.l10'<AL MAIL 1S~·e fh•vt}ISf•) ---~] r Spcc:1al Oel>vC'ry ff~<· Ret1un flC'ct'1p\ sh1_>W1ng to wt1um and [J,d(' De:1vereci ~ Flc-t11rn llt:'C(>•pt sh~1w,•1q to wt1dn> .-Oa!f' anli Aitdrt·s·, ot [)pl1vcry ~ :J 101 Al -, ~ f-\·1s\'''- ~ J> :r I~, 31 BENDER: Complfte-1,2,3-4 . . :if ftut .y.ur •d.._ In the "flliETU"'N TO" ..-ce on the ii!~ ·ffYffle91de. f•llure1:o tlo thllwlfl ~t<tbhotrd f!-041' · ~!.It .. ,"' f9turned te vou. wnwm tglpt fM wlll proyld! !,·i.!~ .. ,:~. m:;.'fZ'.~1tS':1h'!:t.::,t'J';.o• -. fi'elleble, Coft1Ult90t~Mfell.nt!dte0k'4Mt1f(9f) ter~s) f'equ .. teti. " ,~I 1. ~how-to wt...-n1 4et"to-entl eddnKI or 'tlellvery. ,,1 ... :-:-~-"-:-:-~-·:-----°"-":-.. _. __________ _ Roll ClJcl{ oo ~_,- 1'1s-2. E, £/k (r'!"-.t 1-Je..u..J Co...stle, Co. ~1~41 •. Tvtte of Service: x egi1te<ed 0 lnsurod Oonified 0 coo ""'""Meil - 1. O•te of Otllvef'y •, .. '• --~-.L.-- ·Anlcle Number 'P-Z-46 '~I~ ?-~\<> .. SEN0£11: ~-,.a,a-4. Put vour •ddren In the .. .ftETU,.N TO''~~ en th• ''ffYl:t'M tkM. -F•Hurti 1:e W 1htl-wHI ~t thh oer4 irom Mino fftVrMd 4D 'IOU· 'DI ..tum malal f~l lat!r:lf'I .• ••:To<!£1!::£if~ .. io!'!.o .' .:: libie.-contultitM~ fortwenci cMck MKC .. > •. tor·eervlceC1, t'eQWested. , •• liil"Show ... -.---01 ... 1i-v • a. D -•le:-Oollwry, I "'rtlclti AdclnKMc:I to: J5£)..ve.. Ml nfu..rn Rd /'7'00 E:, E(k (re.e.k ·- Ne.w Cu.stle ,Co, ~/<,, '-1/ '4 ... Type ot Service: Artlclt NumWf 13?:.•tered 8 Insured p 2. 4<,, 5" 1°3 "2. ~'If lfled COD ""-Moll J, Alwevs obt1in 1igna1ure of . .addressee a •tent 1M · l!Aili lt!~blVE[!~Q. '~Zk'. -Afldreu.e ~,,, 7n.-, .,._ . I I .. llMWtllture -A,.nt -x 1. Oei. ot O.lfvet'y ' I a.· Addrestee"• AddreH fVJ"t'.&.t• v 11.uw 1"« /111-.y I ' ' I .8ENDIR: Completettems1,2,3•nd4. 1~~~ l111,:~:~~~~f,,~;~'~.°';,,.;:;~ddd;~;.,.i07zt'V!ll''Vi1ifial!iliiiif11rtii'iiP11lil<tr-""1 1( I --~~~~~~~~~~~~~~~~~ .... - ----------------------~---------·---- . ~AhwVa-·obt1ln 1l9nature.of eddrenee.Qt..,ent.anll , i.!iV~R ~· :::::::=-¥.::-------..,....! .... ,"i .. • I :~·, !'r--------r-..,...-..,..._. ______ _. : 1: RETURN TO • PENALTY .fOA PRIVATE UH. SIOO . I .. ... ·~·.· ·~ .-........... ' ... <~:~.~~·.;t;_i.~··'·~.'.".:,~ \,; ~ . . .. .. ·. ·~ ···, · . . ' ' " . ·'./-. ~:. '. ·.·'.·· I J_;'-.j,.._.,,;t,. ~· J.~· .•• •, ' ' I' • . .'" ~ I' •-> ... -·._:: ..... .:-.... '· :-~r :--_:_ TIME: 3:30 P.M. BOARD OF ADJUSTMENT MEETING #147 AGENDA PLACE: Garfield county Courthouse, Suite 301 DATE: Thursday, May 22, 1986 (1) Call to Order (2) Roll Call (3) Approval of minutes from April 24, 1986 (4) Request for Variance from Section 3.02.06(1)(6), Front Yard Setback. Applicant: Royal and Nancy Hayward (5) Adjournment • MEMBERS PRESENT Mary Odell, Acting Chairman Larry Hazelton Denise Acee Leo Jammaron Pete Cabrinha Richard Moolick BOARD OF ADJUS'rMENT MEETING #146 3:30 P.M. • COUNTY STAFF PRESENT Don DeFord, Attorney Glenn Hartmann, Planner Eleanor Haring, Recording Secretary The meeting was called to order by Mary Odell. John Tripp and Allan Bowles were absent. Larry Hazelton made a motion to approve the minutes of October 24th, 1985 with the addition of the word "said" after a statement by Mary Odell on page 3. Leo Jammaron seconded and the motion carried unanimously. Pete eabrinha made a motion to approve the minutes of November 21st as written. The motion was seconded by Larry Hazelton and carried unanimously. ROSS L. TALBOTT -REQUEST FOR VARIANCE FROM SECTION 5.07.09, SIZE LIMITATIONS OF THE SIGN CODE SECTION OF THE ZONING RESOLUTION. Don DeFord said he been tendered the proof of notification to adjacent property owners as 9.05.04 in compliance with our regulations. proceed. Glenn Hartmann entered the following as exhibits: A. Proof of publication publication and proof of pursuant to provisions of He said the meeting could B. Proof of mailings to adjacent property owners c. Application D. Staff Report E. letter from Jim McKinney F. Photograph of sign Mary Odell appointed Leo Jammaron and Pete Cabrinha as voting members. Mr. Talbott passed around some polaroid photos of the intended sign. He noted that approval had been given by State Highway Department and he then put the sign up but B. J. Thompson of the Garfield County Building Department advised him that he needed to come before the County. Mr. Talbott said the sign was then painted over and he made application. The extra square footage is being requested because the location is across the Colorado River. He noted that he was concerned about how much could be read on the sign from the highway and if some the wording needed to be taken off he was agreeable. Mr. Talbott said he would like more than the 150 sq. ft. for his sign because of the Colorado River causing an undue setback. Pete eabrinha mentioned that if the wording was reduced the sign could be reduced and be narrower. Mr. Talbott's son said he felt it should not look like the back of someone's shed but as a noticeable sign. _,_ • • Glenn Hartmann then briefly summarized the Staff Report noting that the site consists of a proposed sign location in IDt 280, West Apple Drive, within the 87 acre Apple Tree Park PUD. Mr. Hartmann said that the applicant proposes to construct a 256 sq. ft. (32' x 8') joint business identification sign on property inunediately adjacent to the Colorado River, for the purpose of identifying the mobile home park and commercial services available within the P.U.D. to motorists traveling on I-70. Mr. Hartmann referred to several items in the Staff Report such as the 300 ft. distance from the driving surface and I-70, the sign location being in the residential portion of the park and the underlying zoning. Mr. Hartmann referenced graphics code studies ("Street Graphics" by William Ewald 9/77) which indicates that the proposed sign exceeds the maximum amount of information a driver could absorb from any one street graphic. Mr. Hartmann also said that a 150' sign is the largest allowable sign in the County in any zone district. Mr. Hartmann said that Staff Recommendation was approval of a variance from Section 5.07.10 to allow for the placement of a 150 sq. ft. sign, subject to the suggested findings and determination by the Board of Adjustment that the criteria for granting a variance had been satisfied. Denise Acee commented that this sign would establish a precedent and that others might like a larger sign. Glenn Hartmann said that they too would need to come before the Board of Adjustment. Larry Hazelton said it was necessary to address the distance of the sign from the road. Ross Talbott remarked that the requested sign is smaller than the side of a semi-truck. Larry Hazelton again mentioned that anything smaller would be lost at that distance. Leo Jammaron said that the sign really did not reach out and grab you. He was surprised that it was as big as it is. Pete Oibrinha felt that he had no problem with granting a variance as the situation calls for an extraordinary measure, however, he would like to grant as small a variance as he could. Richard Moolick asked if it was the function of the Board to be concerned with the readability. Pete Oibrinha replied that it should concern the Board because a person is driving while reading. Ross Talbott said he wanted sirrplicity of the sign to be of irrportance. Denise Acee repeated that she felt granting this size of a sign will establish a precedent and would have a snowball effect in the County. Ross Talbott again said that a consideration in this case was having the Colorado River between the highway and the area where the sign would be. Larry Hazelton made a motion to grant a variance from Section 5.07.10 of the Zoning Resolution with a comment that in the future distance and visibility should be considered with regard to signs. Leo Jammaron seconded the motion. -.<.- I • • Glenn Hartmann stated that the application requested a variance from 5.07.09 which addresses sign sizes in each one of the County zone districts and doesn't specifically address sign size in a P.U.D. '.Ihe Staff recommendation is approval for a variance from 5.07.10 which addresses signs within a P.U.D. and it should be clear as from which Section a variance is granted, preferably 5.07.10. Mr. Hartmann asked that the Suggested Findings be included in the motion. Larry Hazelton withdrew the motion and Leo Jammaron the second. Pete cabrinha made a motion to close the public part of the hearing with a second from Denise Acee. 'Ihe motion carried unanimously. Larry Hazelton made a motion to grant the variance from 5.07.10 to allow the placement of a sign of 256 sq. ft. as described in the request by Mr. Talbott and with the following Suggested Findings from the Staff Report: 3. 'Ihat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property. 4. 'Ihat such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the Zoning Resolution. 'Ihe motion was seconded by Leo Jammaron and the voting was as follows: Pete cabrinha Yes Mary Odell Yes Leo Jammaron Yes Larry Hazelton Yes Denise Acee N:>. 'Ihe motion carried. Meeting adjourned. Respectfully submitted, Denise Acee Secretary DA/emh -3- • • BOA 5/22/86 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL Request for Variance from Section 3.02.06(1)(6), Front Yard Setback Royal and Nancy Hayward A parcel of land situated in NE 1/4 SE 1/4 Section 13, T5S, R91W and Lot 3, Section 18, T5S, R90W; approximately 4 miles north of New castle off of county Road 241 at 1748 East Elk Creek. The site consists of approximately 3 acres. Private road easement off of county Road 241. A/R/RD A/R/RD The applicant constructed a home on the site, 22 ft. from the adjacent private roadway, failing to allow for the 25 ft. of front yard setback required by the zoning on the property. He is requesting a variance to allow the present setback. II. MAJOR ISSUES AND CONCERNS 1. The site is located in a rural portion of the County, in an area with a 2 acre minimum lot size. The adjacent roadway has a 60 ft. easement and approximately 25 ft. of driving surface. The applicant has initiated legal proceedings to relocate the road easement and ensure that there is no encroachment by his house onto the easement. Due to the rural nature of the area and minimal extent of the deviation from the regulations, little or no impacts have occurred or are anticipated. 2. The applicant has represented that it was his intention to comply with the regulations, and his understanding was that, at the time of construction, a 25 ft. setback was being maintained. The current discrepancy was discovered as a result of recent investigations relating to refinancing of the property. 3. Section 9.05.03 of the Zoning Resolution establishes that an extraordinary and exceptional situation or condition of a property whereby strict application of the Zoning Resolution would result in exceptional practical difficulties or undue hardship constitutes acceptable criteria for the granting of a variance. (See pages 11-13 ) III.SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required for the meeting before the zoning Board of Adjustment. 2. That the meeting before the zoning Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. -1- • • 3. That the variance granted is the m1n1mum necessary to alleviate such practical difficulties or undue hardship 'upon the owner of said property. 4. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the zoning Resolution. 5. That the variance granted is in accordance and in compliance with $ection 9.05 of the Garfield County Zoning Resolution. rv. RECOMMENDATION APPROVAL of a variance from Section 3.02.06(l)(b) to allow a 22 ft. front yard setback. tk ~~~ ~· fviru1 v{ p11bl,c.J{o~ i,J 6/cwww-£ fJ QJI Ix Su~~ rrJ ~ 11--<. tJi4i'C< re7u1r-~. ' -.2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -• APPLICATION GARFIELD COUNTY ZONING BOARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----------·-----·-· 4f1?t~ t£. 611:. ~k_ N~ GcJ:;-r&/ GD 2/6'1-7 9g-~ ;;.~ 7 7 7 OF ADJUSTMENT Q,~,go~~:f..!,;OWQ~±t:.J..fl!Lt/i,pLll/!.:'.!C~<-~f-:)~M'::J-.~~W.~:A~(if):=l:!....1.------request (s l a J appl1cant'bwner (@name ( ( ) variance'-to Section. ' 3.QQ3.0bl) b of the Garfield section number designation ' c County Zoning Regulations concerning SRX BAck VOo lq • c () · _ . type of variance requested to permit .S1 ,.J=t?: .. n,,;jy ~;~o~r!'77JF :~::::~ CJ?ne 1.1?,;=r tt1.~l--~~~~stpff Sf;~ cti<tP¥w• in the A/tL{t....p \ zone district. -g/ name of zone district (SS~,~ 0 <,@ @ )r~ -..z.{) b S1gn~of applica~s1.R;rr;C<:......_ I I t , ( --~ /,_ / ,;: .• c•. ( u ~-fo .. ····''•( 'f-25-Bb z; (, OWNER G?o YA t Mai 1 i ng Ad res s : Phone: (.;sc::) 98l./ -;';?, 77 7 APPLICANT .. SJ . .c<720 O..)::, 0Jx;r1 >-£. Mailing addressi:..==================:::::::=====-------------- ~--------~-Phone~:------------------------------~ PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (Ext;m le: One mile west of Si.lt on State Highway 6 & 24) :LI n11,0 /A \.. ,,..r:.,.../r ,) . r. . ..c I fVf ~;) fl/Ct.A< ''\_,:JC.':'' //.:,,.'•./~) ·.' .... <.:. ·<. • ...J......" ,I"'") /'\ -----f <lrl. Co-t.l,/l·,.D_>\ ()'.,(.Yt~ e:f.<_Y/ ? c;.....<_/( - '\ 0 ~---' c...J METHOD OF UTILITIES ACCESS TO THE PROPERTY:~US::.J1L13.J.~-J.L../5.J..1.C.4::....14t.i.~~---------~ APPLICANT'S REASONS WHY THE VARIANCE SHOULD BEG NTED:7'o o.Jl~crv<..J r/~15 ~~'i»."'cL 7° ~)o..t.,, o-A-(fruh0X t'Aoc.d;:;;~"-_ cc{cruk._. ,fell/: '2->t . .itc~> \...Q::.(,(,__ {fR..rfkiiV\ ~ ~ ~ ~-J -3- ~~~~---------------------------------• • :Ji EXHIBIT "A" A parcel of land situated in the NE~SE~ of Sectio~-13, in Township 5 South, Range 91 West of the Sixth Principal Meri- dian and in Lot 3 of Section 18, Township 5 South, Range 90 '~est cf the: Sixth Principal Meridian, described as follcws: Beginning at a p6int in. the center of a 60-foot road ease- ment whence the East Quarter corner of said Section l3 be~rs N. 45°01'47" W. 805.09 feet; t1;ence S. 54°30'59" W. 539.47 feet along the Northwesterly line of parcel of land described in Exhibit "B".attached to Agreement recorded March 12, 1974, in Book 456 at page 437 as Reception No. 262093; thence N. 87°09' 58" w; alo.ng the Northerly line of parcel of land conveyed by deed recorded June 14, 1974, in Book 460 at page 568 c:.i:: P.CCC?tion No. 2G3507, 299. 08 :l<?tei: to tlit= 'I·RU.i:; POI1-i'l· OF BEGINNING: thence continuing along said parcel conveyed by deed recorded in Book 460 at page 568, N. 87°09' 58" w. 299. CS feet to the Northwest corner of said parcel; thence N. · 2-P 16' 00" E. 426. 70 feet to a point on the centerline of said 60-foot road easement; thence along said centerline the fol- lowing courses. and distances: S. 63°03'23'' E. 67.20 feet; 97.14 feet along the arc of a curve to the left, having a radius of 166.18 feet, the chord of which bears S. 79°48'06" E. 95. 76 feet; .N. 83°27'11" E. 106.81 feet; 99.38 feet along the arc of a curve to the right, having a radius of 365.13 feet, the chord of which bears s. 88°44'59" E. 99. 08 feet; S. 80°57'08" E. 47.80 feet to a point which bears N. 37°22'07" E. 455.34 feet from the true point of beginning: then6e s. 37°22'07" W. 455.34 feet to the TRUE POINT OF l3EGINNING. -1- • STEWART TITLE OF GLENWOOD SPRINGS September 16, 1981 Mr. Roya 1 Hayward ..__ q fc· ,'.. 1748 E. Elk Creek ' I,.. ( New Castle, Co. 816117 Dear Mr. Hayward, 805 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81601 (303) 945-5434 By Deed recorded October 19, 1965 in Book 370 at Page 370·as Reception No. 232024, Henry H. Dietz received title to same 340 acres which encompassed all of those parcels now adjoining or having the right to use the 60 foot wide road right-of-way in question. I find no single document creating said road. Subsequent to October 19, 1965, Dietz conveyed to various grantees the smaller parcels as shown on the enclosed map. Attached is a list of apparant owners of said parcels together with those lenders currently holding liens on the same. Each of the lenders would need to join into any changes in the status or dimensions of the subject road. I would advise that you retain the services of legal counsel on this matter. •, ·'· :.:·· :;: . ··:·. . . J, .; - A. In 13-5-91 Parcel Code "L~"':.L:. l{ J,_._j _ _.0,,.0'-"5 018 004 003 020 015 016 022 010 B. In 18-5-90 002 005 003 • '- Su11ctitJ of Contract STEWART TITLE OF GLENWOOD SPRINGS Owner 805 Color•do Avenue P.O. BOK 430 Glenwood Springs, Colorado 81601 (303) 945.5434 Lender Phillip and Roxanne Fa 1 i se A 1 pine Mortgage Co. ~Robert L. and Daisy E. Adams Harry and Laura Mussell Valley Federal Savings & Loan ,.Stuart R. Pohlman 'David and Alexes Shostac Edna C. Sample Fred C. and Jeannette S. Davidson Valley Federal Savings & Loan R6yal H. and Nancy F. Hayward Evans Financial Corp. David and Judith H. Minturn Bank of Glenwood Rolland W. Dowler Cleyo H. and Rosie B. Ferrin Cleyo H. and Rosie B. Ferrin United Mortgage Company Glenwood Industrial Bank Valley Federal Savings & Loan Ray F. Fender 004 /Henry W. Dietz 001 • Rollin A. and Barbara R. Sininger ' ; •-,. -t-······ '·. • '-' JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER. Ill • ATTORNEYS AT LAW FIRST NATIONAL BANK BUILDING SUITE 310, 302 EIGHTH STREET G1~£N\\'OOU Hl•H'J!'\'GR C<tUH-lAl)O HJOOI 13031 945·2447 March 14, 1986 East Elk Creek Property Owners RE: Realignment of Road Easement Ladies and Gentlemen: This firm represents Royal and Nancy Hayward who, as you probably know, own a parcel served by the sixty (60) foot road easement which also serves your respective properties. A problem has arisen with regard to the slight encroachment of the Haywards' residence onto the road easement. In order to correct this problem, the Haywards have arranged to purchase an easement across the Dowler and Pohlman properties which will allow for the road easement to be shifted slightly to the north, thereby eliminating the encroachment problem. I enclose a copy of a plat recently prepared, depict- ing in red that portion of the easement which must be vacated and depicting in green the area across which the new easement will be acquired from the Dowlers and Mr. Pohlman. In order to complete this minor realignment of the road easement, the following must occur: 1. Each of the property owners having an interest in the road easement (being those persons listed on the attached Exhibit "A") must execute the enclosed Quit Claim Deed transferring their interest in the encroached portion of the road easement (area in red) to Haywards, the Deed must be notarized and the completed Deed returned to the undersigned in the self addressed, stamped envelope provided. An extra copy of this Deed is enclosed for your records. 2. I will obtain Deeds from the Dowlers and Mr. Pohlman c~nveying to all property owners the realigned road easement. I enclose a copy of these Deeds for your reference. 3. Upon obtaining all of the above referenced Deeds, and onli then, will I proceed to record all Deeds to effectuate the road realignment as shown. -7- ., :~11 :l.· ..... . . .,. ' ·•. : ;:1· . . , •,' .. '· ;.¥ ·:-'I·~ } ? ' k': ~ ·" ··r $ ;.··· • East Elk Creek '-'rtY March 14, 1986 Page 2 Owners • '.._; Please be assured that this process does not realign the portion of the road easement adjacent to any properties except the Hayward, Pohlman and Dowler properties. If you wish to bring the enclosed Deed into my office for signing, we will be happy to notarize your signature. Please call me if yoµ have any questions regarding this procedure. It is important that we complete this process as soon as possible and your cooperation and prompt response will be appreciated. Yours very truly, DAN KERST DK/rei Enc • .,,. ~ ' • $'f.IUE.' / IM=ll "'aJ r7. ~ _A:J!!J'Z9 1 2(, ' L• 97-/f-' /?' "'· /8' C11'2 ~. 79''.f./''t::' *C. 95.76' • .Yf CbRN& tJr secr/oNS .71-~., ~,;'.f?.' .,_ -s-1.:.a7 . T ..,#JA--qp \ 71.:: NOf~ZW. <t/S"~ W' P~A:rt"P .~,t> r:smr. · #rnc:.Y-/Hlj ,Po#~,W,Y hK°ff,f>TV ~ =.!J9..t .5t;F-r. , ~,eyez> ~/?tJ e>mr. I ~ /1FF"a:77M$", Ji:wUR /',li'O/'/f'R7Y .A: l'l"~'Z'/" :'\ :: Ill. e; S<? Fr. L= 4-i. ::J' ,rr-IZ ' ~ nl' cR-:M ilJJ.,,rs. -. ~ "/'Iv'' \ .a• zo'5,1'.;1"' . "fZ, V-' ~ ~ t.: 4S'. $°/' 1 I: ,q• ;z 5'.oo' A:&°n~" I ~:,,;' ~ c;1 .. {l:ff9'5'1-#E. L= . .?/·~..... -. ~,, A: /6"0J' • . /f= 20).::rr ....... Cll•N-71'0/:Jl'Cf .30.17• - t = 20. ;;; ~ / ~ -/oB.~· ~ • 72. 1'9;55'.$11'"" Cll'-~• ~~· 2;7, 5W f1. 5Ec 18 /, 5 s. J I?. 'ltJ Pl. ( I '-II I ~ . ~- -~ ----I -_,_ - -4--~~WE. /Z 7. jf-31 _1 /t;!J,&t I , . -~=-· 47.fb~ · -7'J..6j• ~ ---,0 ''- -- :Zft/ 5EC 13 T.5S., !?. 91 /;/ -l _ !OC.· 3~' A.=8'51'19# '-' -fo.%7 1 1r:.z~.~4· CH•,y, 71•01'Jl'IG". ff.Z'' LA ~·~"a<;" L 45.15 1 '· Ir t.'S.CO' CH ~ 8S'!?f'CY.!' ( -15.tKJ 'I~ yr,:1 ~l) _,, • .,,•an:v" ~ l • !)7'0'' l'.=1n.r!' CH:$. 77'.S.S'!B'E. :Jh.91' • /'~.&J ,,t?yJP. E.P?J7": ~ "'~--......._ I ' ~ .............._ t:~"JIZ'%'-;--......_ ll\l ';.t•,.,_ /?-.p,;71· ~ '<'~ -c: _.,~3'./+ ,, :.¥ -s. 7i1J5'.(.t)¥E ~ ·S'? ......._ 6._c?'~ (- -........... Plc/ll?CA/ #T,°#.-1'.Y/.V.W.?" -= f7?.0 59Fr. /'/!«Pc~rY .,..____ NO/E' ,?,R/q//v'.-fl. .P~c.NTY ,t/NE::J h'A'VE /.107" ~a.v CIMN't;El>. , .. · .. , ...... i\ ~ ~l Q. -· ~ .... ..... ~ " t ,, :::: \ ~ ' ii, ~ :\ ~ ~ " ~ ' ·~ i . I\-.! . ~-~ I\ 12 ._., ·1~ ·: ~" 1 .. ,,. l\:·. t\· 'I·•/,, .. • j :11 I " ~ ·loe:NVER~· I I -.-:=--<-'" .... . ' ":"'~ . \ ~~;:·-·,, !·:11 /.~L_ ___ _ ~ . •" ·:· ,, ' ' ',\;..~'l. -, , , f ) ' \ . ~ ' ;·:7:c~.~!J- _ ..... .r~· ..... \ ) -~~ ·~ ,_.....-, __ ~ 7~· \ ) ' ;! .. ·.;.: ·;:;::~{· ·:.·.· .. -~· ' .. , :-.· ' .; ·' .::: .. -·. -~-::.,.~ .... :-~ ... -. ~ .. ;.,·,;<.:::1;~;4 :,_: '-i~· ·"··' -~:::~: '.·;_'(~-'.:~:·:~\. ·;'.•: .. -, It ) .. · --~ ,, ' ,, . "'"·' . ... ,· .... • • lll after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay, in his opinion, would cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record or the Board upon proper application. No restraining order shall be issued by the Board except after notice to the officer or agency fro:n whom the appeal is taken and only if ,due cause is shown. 9. 04. OZ the "iroard of Ad ·ustment: The Board shall have t e powers an uties to ear an decide appeals as set forth in Section 9.05.03 of this Resolution. The concurring vote of four ( 4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or agency or to decide in favor of the appellant. (A. 79-132) 9.05 VARIANCE 9.05.01 Application: An application for a variance shall be made to the COunty Building Official in a form prescribed by the County and shall consist of an application for a permit as provided in Section 9.01 and any other section related to the requested use or .interpretation, plus: (1) Any additional information deemed necessary by the Building Official in order to permit the Board of Adjustment to fully understand the issues which it will consider; (2) A statement from the applicant setting forth the specific provisions of this Resolution from which relief is requested, the nature and degree of relief sought, and the reasons in justification thereof; (3) A fee in an amount set by the Board of County Commissioners by separate resolution, in order to defray the cost of processing and consideration of the proposed variance. (A. 80-180) 9.05.02 Action by the Building Official: The Building Official shall utilize services of the Environmental Health Officer, the County Planning Director and any other county or state officials or agencies to arrive at a determination that the proposed building, structure, or use is in compliance with ·an applicable zoning, subdivision, building, health, and sanitation regulations except for .those provisions of this Resolution from which variance or relief is requested; and if the proposed ·.·.1· :". ·. ·:/ •,• ,· -:· -11- • • 112 building, structure or use is in compliance 'except for said provisions, shall forward the application along with his report to the Secretary of the Board of Adjustment. If the application is not so in compliance, the Building Official shall notify the applicant of the deficiencies. No application for variance shall be forwarded to the Board until such compliance is achieved by the applicant. 9.05.03 Action by the Board of Adjustment: After the proper forwarding of an application for variance to the Board and ~here 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 exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize upon the application relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided however: (1) That the variance granted is the m1n1mum 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 circwastances 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; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. 9.05.04 Public Hearing: Hearings held on requests for variances from strict application of the 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 applicant, description of the property involved, a statement of the nature of the appeal, and the time and place of the hearing. If such a public hearing is held, such notice shall be the sole responsibility, and at the expense, of the applicant, and shall be given as follows: -/:l- • • • 113 (1) Notice by publication shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least fifteen (15) days prior to the date of the public hearing, and Proof of Publication shall be presented at the hearing by the applicant. (2) Notice by mail shall be sent by Certified Return Receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (A. 80-180) -13- • TO: • GARFIELD COUNTY PLANNING DEPARTMENT Board of Adjustment Members • FROM: Garfield county Planning Department RE: Meeting Format & Reference Materials DATE: May 16, 1986 Dear Members: In accordance with the recommendations of county Attorney, Don DeFord at the last Board of Adjustment meeting, we will be following a more formal legal format for future public hearings including the meeting scheduled for May 22, 1986. 'lbe organization will be roughly as follows: 1. Determination of adequate public notice for the meeting to proceed. (Staff) 2. Presentation of exhibits (Staff), and acceptance of exhibits by motion. (Board) 3. swearing in of all those who wish to testify. (Board) Identification, by name and address, of parties wishing to testify. Appropriate wording for the oath will be provided. 4. Presentation of Staff Report. (Staff) 5. Presentation by the applicant. 6. Opening of the meeting for public comment. 7. Closing of the public hearing by motion. (Board) 8. Motion by the Board on the application. (Board) A motion of approval should include "findings" of the Board. Suggested findings are always included in the Staff Report, or the Board may make its' own determinations. 'lbe findings should make some reference to the basis for the Board's decision and compliance of the application with the regulations the Board is responsible for enforcing. 9. Motion by the Board to close the meeting. (Board) ~,,,n; ~~3 1098TH STREET.'fHIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 '• Page '.J:Wo Memo BOA May 16, 1986 • • Included in this month's Staff Report is a copy of Section 9.05 of the Zoning Resolution. '!his section deals specifically with variances and the standards and criteria by which the Board of Adjustment is authorized to allow variances. If you do not already have a copy of this section, it is suggested that you retain this one for future reference. We look forward to seeing you at the upcoming meeting and appreciate your time and efforts, as a Board member, on the part of Garfield County. ------------------------------------------7--.~--~-~ ,'\, 1·1~fld1t:;t' ','':;.J _...;:::~'.LL;(i~li,jj~~~::::::;.;oril-f"I~~. '~~;",..:,: ,_....lr---1-1.,~~+ i:!~i~:C~'· K ,:: }:'.i\-,' ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ( I • May 6, 1986 Royal & Nancy Hayward 1748 E. Elk Creek New castle, CO 81647 Dear Mr. & Mrs. Hayward: • GARFIELD COUNTY PLANNING DEPARTMENT ' • Your application for a setback variance located off of County Road 241 has been reviewed by this department and has been found to be complete. Your request has been scheduled for a public meeting before the Board of Adjustment on May 22, 1986 at 3:30 P.M., in suite 301, Garfield County Courthouse, 109 8th St., Glenwood Springs, CO 81601. It is suggested that you be represented at the time of the meeting. Copies of the enclosed public notice form need to be mailed by certified return-receipt to all property owners adjacent to or within 200 ft. of your property no less than 5 days prior to the meeting. 'Ihe receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. 'Ihese mailings should be completed no later than May 16th to ensure compliance. In addition, a copy of the notice form has been submitted to the Glenwood Post for publication. You will be billed directly and provided with a proof of publication form that must also be presented at or prior to the meeting. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Sincerely, ~?!~ Glenn Hartmann Planner GH/emh encl. .rv1r1: .. :J" .3 109 BTH STREET, fl!IRB FL90R 945-82121625-5571 GLENWOOD SPRINGS. COLORADO 81601 • • PUBLIC NOI'ICE Take Notice that Royal and Nancy Hayward have applied to the Zoning Board of Adjustment, G:lrfield 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: regal Description: A parcel of land situated in NE 1/4 SE 1/4 section 13, Township 5 South, Range 91 West and in I.Dt 3, Section 18, Township 5 South, Range 90 West of the 6th P.M. Practical Description (location with respect to highway, County roads and residences): Located approxilll3tely 4 miles north of New castle off County Road 241, at 1748 East Elk creek. Said variance requested is to allow the Petitioners relief from Section 3.02.05(1)(8) to allow a 22 ft. front yard setback 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 at such meeting, then you are urged to state your views by letter, particularly if you have objections to such variance request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variance. '!his variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, G:lrfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. '!hat public hearing on the application for the above variance has been set for the 22nd day of May, 1986, at the hour of 3:30 P.M., in the Commissioners' Hearing Room, Suite 301, 3rd Floor of the Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO. Planning Department Garfield County ' • RECORD OF CONVERSATION FURTHER ACTION REQUIRED: ___________________ _ SIGNED:,~ ·~ • request(s) a OWNER G?o YA L Mailing Adress: Phone: (-ici) 98<-t -2772 APPLICANT ___ ~>~~.....,..-..UL>Q~-~-~0.IQAb---~~a.l.c"""""""'Q~r(Z~-·.__ __________ _ Mailing address1=-===========::;;:;;::===::::::=====--------------- ------------Phone~=------------------------------- PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (Ex~m~le: One mile west of Silt on State Highway 6 & 24) =f /(II~ f/,0c.V1_, o/ /'/iv.._) ('v:>.:,/b_,.., 0L. C~6<.o·r.~ t:R.'f/ 0 ,3a//LP>.?+ - METHOD OF UTILITIES c ACCESS TO THE PROPERTY :_,.._...~"""-'L-'1.J.~(.t;.~~~---------- APPLICANT' S REASONS WHY THE VARIANCE SHOULD BEG NTED:-r'Q ~,.(_) r~~c t:~ 7!',~(i'Q,1:;,c;~.;£p{o~J • • EXHIBIT "A" A parcel of land situated in the NEl;,sE~ of Sectio~-13, in Township 5 South, Range 91 West of the Sixth Principal Meri- dian and in Lot 3 of Section 18, Township 5 South, Range 90 '''est of the: Sixth Principal Meridian, described as follcws: Beginning at a p6int in. the center of a 60-foot road ease- ment whence the East Quarter Corner of said Section 13 be~rs N. 45°01'47" w. 805.09 feet; t1;ence s. 54°30'59" w. 539.47 feet along the NorthwesEerly line of parcel of land described in Exhibit "B". attached to Agreement recorded March 12, 1974, in Book 456 at page 437 as Reception No. 262093: thence N. 87°09' 58" w; alo.ng the Northerly line of parcel of land conveyed by deed recorded June 14, 1974, in Book 460 at page 568 <:.o Reception No. 2G3 507, 299. 08 :let:t to the 'I·RU.i:; POI1~'1· OF BEGINNING: thence continuing along said parcel conveyed by deed recorded in Book 460 at page 568, N. 87°09' 58" W. 299. C8 feet to the Northwest corner of said parcel: thence N.· 2-P 16' 00" E. 426. 70 feet to a point on the centerline of said 60-foot road easement; thence along said centerline the fol- lowing courses and distances: S. 63°03'23'' E. 67.20 feet; 97.14 feet along the arc of a curve to the left, having a radius of 166.18 feet, the cl1ord of which bears S. 79°48'06" E. 95. 76 feet; .N. 83°27'11" E. 106.81 feet; 99.38 feet along the arc of a curve to tl1e right, having a radius of 365.13 feet, the chord of wh:ich bears S. 88°44'59" E. 99.08 feet; S. 80°57'08" E. 47.80 feet to a point which bears N. 37022'07" E. 455.34 feet from the true point of beginning: thence S. 37o22'07" W. 455.34 feet to the TRUE POINT OF BEGINNING. ·. - - - - - - - - - - --~~-- - ---------------------------------------------------------------- • • Suncril> of Coniraci STEWART TITLE OF GLENWOOD SPRINGS September 16, 1981 Mr. Royal Hayward ---~l(J,' · ~ 1748 E. Elk Creek New Castle, Co. 81647 Dear Mr. Hayward, '. • 805 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81601 (303) 945·5434 By Deed recorded October 19, 1965 in Book 370 at Page 370-as Reception No. 232024, Henry H. Dietz received title to some 340 acres which encompassed all of those parcels now adjoining or having the right to use the 60 foot wide road right-of-way in question. I find no single document creating said road. Subsequent to October 19, 1965, Dietz conveyed to various grantees the smaller parcels as shown on the enclosed map. Attached is a list of apparant owners of said parcels together with those lenders currently holding liens on the same. Each of the lenders would need to join into any changes in the status or dimensions of the subject road. I would advise that you retain the services of legal counsel on this matter. Best regards, '~~;)J!!_ fi:!J:;t-t:_•::'_ l ~ ~- R.o'nald M. You g " J • A. In 13-5-91 Parcel Code tj_?_'::_L:_ li J~i _ _..oo~s • SunctilJ of Contract STEWART TITLE OF GLENWOOD SPRINGS Owner • 805 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81601 {303) 945.5434 Lender Phillip and Roxanne Falisr. Alpine Mortgage Co. .. +.· 018 ~Robert L. and Daisy E. Adams 004 003 020 015 016 022 010 B. In lB-5-90 002 005 003 Harry and Laura Mussell Valley Federal Savings & Loan ,>tuart R. Pohlman 'David and Alexes Shostac Edna C. Sample Fred C. and Jeannette S. Davidson Valley Federal Savings & Loan R6yal H. and Nancy F. Hayward Evans Financial Corp. David and Judith H. Minturn Bank of Glenwood Rolland W. Dowler Cleyo H. and Rosie B. Ferrin Cleyo H. and Rosie B. Ferrin United Mortgage Company Glenwood Industrial Bank Valley Federal Savings & Loan Ray F. Fender 004 ,,-Henry W. Dietz 001 • Rollin A. and Barbara R. Sininger • • SCJIJ<:NJ{, J{.1<;J~8T & ])J<:WJNTEH ATTORNEYS AT LAW FIRST NATIONAL BANK BUILDING SUITE 310. 302 EIGHTH STREET GLEN'\\'001> HPfflSGS. <~>U>RAIK> tUfMll (303) 945·2447 JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, Ill March 14, 1986 • East Elk Creek Property Owners RE: Realignment of Road Easement Ladies and Gentlemen: This firm represents Roysl and Nancy Hayward who, as you probably know, own a parcel served by the sixty (60) foot road easement which also serves your respective properties. A problem has arisen with regard to the slight encroachment of the Haywsrds' residence onto the road easement. In order to correct this problem, the Haywards have arranged to purchase an easement across the Dowler and Pohlman properties which will allow for the road easement to be shifted slightly to the north, thereby eliminating the encroachment problem. I enclose a copy of a plat recently prepared, depict- ing in red that portion of the easement which must be vacated and depicting in green the area across which the new easement will be acquired from the Dowlers and Mr. Pohlman. In order to complete this minor realignment of the road easement, the following must occur: 1. Each of the property owners having an interest in the road easement (being those persons listed on the attached Exhibit "A") must execute the enclosed Quit Claim Deed transferring their interest in the encroached portion of the road easement (area in red) to Haywards, the Deed must be notarized and the completed Deed returned to the undersigned in the self addressed, stamped envelope provided. An extra copy of this Deed is enclosed for your records. 2. I will obtain Deeds from the Dowlers and Mr. Pohlman conveying to all property owners the realigned road easement. I enclose a copy of these Deeds for your reference. 3. Upon obtaining all of the above referenced Deeds, and only then, will I proceed to record all Deeds to effectuate the road realignment as shown • • ---------------------------------------------------------------- East Elk Creek P~rty Owners March 14, 1986 Page 2 • Please be assured that this process does not realign the portion of the road easement adjacent to any properties except the Hayward, Pohlman and Dowler properties. If you wish to bring the enclosed Deed into my office for signing, we will be happy to notarize your signature. Please call me if you have any questions regarding this procedure. It is important that we complete this process as soon as possible and your cooperation and prompt response will be appreciated. Yours very truly, DAN KERST DK/rei Enc • ~ ' • &:&4f.• / IM;/I "~ F7'. ~ A=JJ!J"Z~'26 ' L• 97./1'' 11: "'· 18 • C#:t1 .:f. ~.,;!''C' "E 95. 7.:' • J¥ ~RNOi' t1r :SEc:r10NS /3 '9N/J /B-~;MSS C"1P . .rf awl/t-7-eP 77£./.;i:r.??~E.j ~\ rctvnR:/r&,p :r1~: ~ ~3"/2·15•,r 5:'if!f7' --~"7/'Pff,/) \ !>/.:.~7· 7,>E: 1'\101'~.Z'W. .P~M!'£,P ~.P r:;41r. 4s-,.~, ,,rn<:..,,.,.-; ;A:>#~.-9.Y ~nv { . =538.t$~r~ , ..o/.Y~ ~~p &!5/17/. A= 1'1"~'.!Y" I ~ jlFfti"T/"2; rf."R ,PlfoA!Y'/7Y L•4~ r " Jf:. 12 ;....,..., ' ' "' C/l 'IV. tl'l$1d!"G LI r ~'51 :Jr/ . ~z.~· · t.• 4>.!'"r I If~ )Z 5'.00' -"" .,,..; C,f• .$. 7S"l9'f;"1¥£'. A=,; '§J,~ 4~::Zt.' L" :v.t» , . /f= z,:c.91 A. lt'd!!'t?t?N C#•N. 71'171-.,l"C /.: 20. z~· .3tJ. Yi'' R ~ 7;'.19' 5Wf4-5ec 18 /. 5 s. J If. 9'tJ ;/, ~I ~ 11iO __ _,'71.,,, ~· C:N:.5. 72'55~'/!' ---~ -/t7Do , 217,I&,' ~ ~ . ~ ~----- .:!E/f 5EC 13 T. 5S. I 1?. 91 /,/ ~ --...J.'"'""'ti· 3~. ,t,.=e·51·11· '-' "10. 27 1 I{• .?,I.e. 5"4 • CH•N. 71•t7t'J1.''lii". 44.Z'J' ii' 'Id ·~;elf L: 45,95 1 .,. • Ir. /.'5.t:tJ' CH : ~. BS'f??'eG'l!' ( "1S.Ot! #' . 1[1ft " ,. ·1? ~!1 ---,~· ~>--.............._ ~·e.../2~ ' ~~79.6;1• ----- .-+ --- ~ I ~ ~ ~ ,.,. i:'"'-:p·,,::----'1' ~·, pi¥""'" -.. • ~ "'"' • ~· .Te'/17?~ ,.,J'JP E~ f3 :>~3.I+ ~ ~ ~ ' ma "'4'!/""k '' •· '.V~swT ""--~ . • /'rjqE/!r)' 5"? ~~.?' ............... '1-..... A•1''tJ:J'CO" l • !}7-tJi!' I(= 1:u./l' CH:$, 77'SS'i!B•t. !!h.'11' • --......._ t--.__ Nor,;: t?/?/;f/d,ft. ?17t:Pc~TY .!/NE$ #..?VE /.llJT l!fi".V C/MtVt;El>. • ··' ~ ~ ' . ' 'oJ ·1 ~' ~ \; ~ "' •'. !::. - >. ' 1 .; t '\) \: ,, :::: ~ ' " ii, ~ ,x ~ ~ ·"'' ' i . I~/ 11\2:·: I~-~. 1~::: i~ •. I•,, I !~·:.' I '' I . ' .• -. . ~ ... :, .. , \ ., :1: ' . 15;1.• .. ;.; ..... .. ,. ·.·· :.:· ... . ... . ...... ... .. ...... · ..... :· ·'·· ··.~. ·.·: : .. ::/ ..... ; .. : .. :· ·' '" < ~. ·.~_;;.-,_ PUBLIC NOTICE Take Notice that G?cuA L -rfl4:i~_ At<..0 (has) (have) applied t~the Zoning Board 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 De~c~:ption: ~ (?Wv 1~ ot,,,{"':J2 si-r~~-~J'J .... ·,/3~c?-/8/ :~~:''L:I ·(;':: s~~,J n<~'(f 'jc: (',...,_~ ?/w.v-.£ o/74 S1RT~ C?R.1ri.Jc.>~ flWw~:; (rtj.,:_Jd_. Co-uv1-cf,.,~; Gc•f-crz~0 Practical description (location with respect to highways, County roads and residences): )_j . J_' \ ~ ... JJ.l] r· /) /, . +}, . /' fi/ I~ (>,/d(,,,()11.~ l..T / I c/ .-VJJ 0:J,b .. clfl..,_,) (.,6 o c7/;,_ GJV./l'-ii_"'-6"<c~'.. d..:f1 o 3 ~ + - c) Said variance requested is to pennit the Petitioner(s)_ /() itV (j?o&>:.d ;\oc:o f,tey-L, . 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 day of , 19 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. Garfleld County Zoning Board of AdJustment By: ~~--~~~~~- ----------~~~~--------------------------• • 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 County in which the subject property is located at least fifteen (15) days prior to the date of the public hearing. The Planning Division 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 recei t of notice shall be resented at the Public Hearin by the app icant, unless the applicant -S ab e to ot erw se 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 a·pplicant. CHECKLIS'l': Ac~ variance application includes the following items: 1. Completed application form 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 r~quest.) 5. USGS topographic map showing the location of the proposed property in relation to the nearest town. • "/ ' .. I 7 ~ ~ ~ ~' -wff,M_ 4( •"" ,:'"" •.. .. . . . I i I • I ' I : I . I . ' : ! - .. ll-0 -v..) -.i.-~ .. .. ., .. •' ' ';,! ~-' ·. IMPROVEMl:N-T L SECTION ~ 3 & 18, TOWNSHIP 5 SOUTH, RA Ne_: S(/i L£: I"= 60' --r-- ,_ ___ ~ ~ = 33°29'26" ' R. • 166./8' L•97.J'I CH. • S. 7q•tfrt' 06" E ' 9S'.76 3. 07SAC. ± (SU .. 13) PO'WEP. POL. ----- 106.81 ------ - 1CA TION CERTIFICATE E 90 & 91 WEST, OF THE 6th. P.M. GARFIELD -I s.o :i: ~ -<:. ... "' (\:'. I:( 'T. s s. COUNTY, COLORADO /1£ :])£ED RECORD :..s, 12°03'!5 '£ . .S/6.87 FIELD T/£ S.12' l!)'!J'?"t:: S"/7.71 --- :.\"---- Tl?UE PO!i:Jr-- OF 8£6/NNING HY!l/INT (SEC.18) NOTICE: According to Colorado law, you must commence any legal action based upon any defect in this survey with- in six years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this improvement location certificate was prepared for Royal Hayward, that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. \ -----------------""""'!!~--~ ........ --.~~~'!!""'!"!: "IMF;RO EMENl·'· :_ SECTION ,13 & 18, TOVVNSHlf'. 5 S UTH, RAN 1 SC fl LE: I "= 60' :;< '---f----x-·-----x-1 DI.US'.) l_ ffo I\} f'()A IY 3. 07S 1~:. ± (stc. 13) f?12-dj_' I J&O -~ -··· . e:: ~~·~~' - ---~R;C, fi:?V/l/D ' ~-, " :t I )t ~ ' <:. "' o-~ ~ T. s s. NOTICE: According to I; TJE: ,, / Colorado law, :rou must conunence 7 /S-S9 £:,, 1any legal action based upon \ T/WE ,PfJ/I .01-· 8£61 ~NING (SE'C!B) I i' ·--·----Jany defect in t:his survey with- in six years after you first discover such ciefect. In no event may any action based upon any defect in this survey be conunenced mr,:re than ten years from the date of the certification ~hown hereon. Cf 3, .:S 60:.,-.+ .sf (j'.J-.'- f\ (.../l.IJ. . i IMPR(\IEMENT LOCATION CERTIFICATE ·• "'> u ,?-f I 1 ~. 1 hereby certi. 'f.y that this improvement location certificate / as prepared tor Royal Hayward, that it is uot a land survey plat ox) improvement survey plat, and that it is not to be reUled upon for the establishment. of fence, building, or 'ether future improvement lines. I further cer 'fy that the improvements on the above described' par 1 on this date, April 29, 1901, except ut.i_li ty connec ions, are entirely within thE! boundaries of the parcel, ·~xcept as shown, that there <lre no encroachments upon the described premises by improvements on any adjoin~'; ,g premises, except as indicat1edc!"Ct\l:Cf,,•.I'.' to.'~lil~t there is no af arent evidence or sign of an}t ,$~~-m~_,•,. crossing or bt dening any part of said parcit~•{;~~(fp'fJ>~~\ noted. . • • ··~· ' ~ ~r ·i~Q /?.""-i ; 0 Cl KKBNA, INC. U ,a · ., i ;• 1001 Grand Ave ue Gle~wood Sprin s, co 81601 Da te__,"Zl,r;,;;.=:L,_=:_.:'-J'-"_,'-F="""'c~RJ::~'-"---... ) ...... ~·J. ~--~-~-------·r-----------.......:=-------"""'!