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Home My WebLink About1.0 Application• SCHENK, KERST & deWINTER, P.C. ATTORNEYS AT LAW SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 JOHN R. SCHENK DAN KERST WILLIAM 1. deWINTER, I11 May 23, 1996 Garfield County Planning Dept. 109 Eighth Street Glenwood Springs, CO 81601 Re: Littlejohn Application -Bailey Trust Property Ladies and Gentlemen: MAY2 4 1996m ' CAc-* aft.A.D cI,} M rY I am the Trustee of the Elouise M. Bailey Trust which owns the parcel of land on Three Mile Creek which is the subject of a variance application by Kelly Littlejohn. I hereby consent to and authorize Mr. Littlejohn's application for such variance and his processing of such application on behalf of the property owner. This consent and authorization shall remain in effect unless and until it is revoked or modified by further written notice to you. Let me know if you have any questions in this regard. Very ERST e of the Elouise M. Bailey Trust DK/pd xc: Kelly Littlejohn Kent Jolley, VICKI LEE GREEN & ASSOC., via fax 945-2593 Donald Click 11 %MAU] F.Y51. LAPIIIEYf. LIR • • GARFIEL.D COUNTY BOARD OF ADJUSTMENT AGENDA May 28, 1996 TIME: 7:00 P.M. PLACE: GARFIELD COUNTY COURTHOUSE, ROOM 302 DATE: MAY 28, 1996 1) Call meeting to order 2) Roll Call 3) Approval of Minutes: February 26, 1996 4) Public Meeting for a Variance from Section 5.05.02 - Minimum Setback from a live stream Applicant: Douglas & Kelly Murphy 5) Adjournment GARFIELD COUNTY BOARD OF ADJUSTMENT MEETING February 26, 1996 #182 MEMBERS PRESENT STAFF PRESENT Peter Cabiinha Clarence Mullen Steve Boat Tom Morton Harold Raymond Eric McCafferty, Planner Kurt Steigelmeier, Asst. County Att. Meeting called to order. Roll call taken with Philip Vaughan, Brad Jordan, Leo Jammaron and Dan Weitzenkoni absent. Steve Boat and Clarence Mullen were appointed voting members. Pete Cabrinlia was chairman -pro temp. Clarence Mullen moved to approve the minutes as presented for November 27, 1995 and December 18, 1995. Harold Raymond seconded. Motion passed by voice vote. Public Meeting for a Variance from Section 3.07.06(2) - Minimum Rear Yard Setback in the CommerciaVLimited (CIL) zone district. Applicant: Aspen Sports, Inc. Eric McCafferty summarized the proposal. The property is located in an area with existing commercial and residential uses. The property has the Summit House (Coltons) furniture store, associated storage buildings and two mobile homes. The applicant has requested a valiance to the minimum rear yard setback to reduce the 25 foot minimum to 0 feet for three buildings that are actually on Denver Rio Grand ROW and two mobile homes that are 5.23 feet from the rear property line. The buildings were placed on the property based on an inaccurate survey that established a property line used as a basis for obtaining building permits. The CIL zone district allows a 7.5 ft. rear yard setback on lots without residential use. The applicant has noted that the request is for relieffrom the 7.5 ft rear yard setback, when it is from the 25 ft. rear yard setback, since there are residential uses on the property. Any decision by the Board should be based on the 25 ft. setback. The applicant bought the property knowing about the property encroachments. Amy approval of a variance should be based on the existing buildings present location and not provide for any expansion of the buildings in noncompliance with the required setbacks. The removal or replacement of any building should void any variance from the setback requirements and require the new structure to be placed on the property in conformance with the setback requirements in place at the time. • • Discussion was held regarding the issues of the lease between the applicant and the railroad, allowance for expanding of replacement of existing buildings, and lease agreements for 4 of the 5 buildings. Eric McCafferty and Kurt Steigelmeier suggested language for the motion. Clarence Mullen moved to accept staffs recommendation as modified by Mr. McCafferty and Mr. Steigelmeier to include the following conditions: 1. That there be verification ofthe lease agreements covering the four of the five existing structures, allowing the structures to remain in place. Specifically, those structures located within the Southern Pacific Railroad property. 2. That the variance is only valid for the buildings as they exist and only as long as the leases are in force and the at the variance does not allow for any expansion or replacement of the existing buildings without complying with the setback requirements in place at the time. 3. If purchase of the property occurs, then a sufficient amount of property must also be purchased to allow the existing structures to meet the setback requirements in effect at that time. Steve seconded. Motion passed 5-0. Meeting adjourned. Respectfiilly submitted, Stella Archuleta Secretary to the Garfield County Board of Adjustment • • BOA 5/28/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variance from Section 5.05.02 - Minimum Setback - Live Stream APPLICANT: Douglas and Kelly Murphy LOCATION: A tract of land located within the NW 1/4 NE 1/4 Section 28, T6S, R89W, located approximately 1/2 mile west of Glenwood Springs, on CR 127 (Three Mile Creek). SITE DATA: .24 acres WATER/SEWER. Individual well and sewage disposal system ACCESS: CR 127 (Three Mile Creek road) EXISTING ZONING: Residential/Limited/Suburban Density (R/L/SD) ADJACENT ZONING: R/L/SD, A/R/RD I. DESCRIPTION QF THE PROPOSAL A. Site Description: The subject property is located in the Three Mile Creek drainage, with the creek running through the property and the County road right-of-way on the northern boundary. A vicinity map is attached on pagrY. A copy of the preliminary site plan is attached on page.#and the application for the variance is attached on pager i• B. Request: The applicant is requesting a variance from the required thirty (30) foot setback "measured horizontally from and perpendicular to the high water mark on each side of any live stream". The proposed variance would the place the south wall of the structure 15.0 and 16.5 feet from the required setback. r • II. MAJOR ISSUES AND CQNCERNS A. Zoning: The lot in question is 0.24 acres in size, which is less than the minimum lot size of' 20,000 sq. ft. normally required in the RIL/SD zone district. Section 5.04.05, Nonconforming Lots, allows an individual to build on a lot that existed prior to the zoning resolution going into effect, provided the setback and ISDS requirements can be met. With the exception of the requested setback variance, the proposed house meets the other setback requirements for the front, rear and side yards. The applicant has verbally represented that an ISDS can be located on the property and meet the separation requirements of the regulations. Staff questions whether or not this can occur. A leach field is required to be at least 100 ft. from any wells in the area and at least 25 ft. from any property lines, if it is a dry well and 10 ft. for a standard leach field. Additionally, the leach field has to be at least 50 ft. from any water course. Another option is the use of nondischarging tank, which requires the approval of the Board of Health and is not an automatic approval. Staff notes these concerns, even though no variance is being requested and none can be approved. It is an issue that should be attached as a condition of approval to any variance requested. There is a third option, which is to get City sewer lines up to the property. B. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of' property at the time of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property," the Board may authorize a variance. In addition, the Board must also find that: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; and 3. That the circumstances found to constitute a hardship was not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. C. Staff concurs that the lot is an unusual lot that would not be buildable without a variance to the live stream setback requirements. The live stream setback was established prior to floodplain regulations being developed and was intended to provide some form of separation of buildings from water courses. The applicant has an engineer that has designed the foundation to with stand any potential flooding. Any approval of the variance should be contingent upon the submittal ofengineered foundation plans for a building permit and the requirement of the engineer to certify the construction of the foundation in conformance with any plans approved for the house. • IV. SUGGESTHD. FiNDiNGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION APPROVAL of the proposed variance requested, subject to the following conditions of approval: 1. That prior to the approval of a building permit for the proposed structure, the applicant provide plans for an individual sewage disposal system that is in conformance with County's ISDS regulations or receive approval from the Board of Health for an alternative system that will meet the sewage disposal needs of the proposed house. , ex) /7417 5-61,71 i h,7o1rn /el 1 2. That the foundation design submitted with any building permit applic tion be�� 4V designed by a professional engineer licensed in the State of Colorado Further,'C6e-e- as that the engineer certify that the foundation built on the site is consistent with et ago- the proposed design, prior to a final inspection of the structure. ��'`'��",cP7 oil XJ -it- R-- 47. -yr -1 • Proc.(' 61)P14-6/fe ltzrn AI pis lab f- 7 C74- ( /t ad4/.,r /-{; 14 -/ 5 2-- �l� [� l/1 1 (A.) r /Ap2.-c / as / /tn. • r 1r • • 0 5 co .1 1 3 NARRATIVE? EXPLAINING WIIY TETE VARIANCE IS REQUESTED. MY NAME IS DOUGLAS MURPHY, MY WIFE ANI) I ARE LOOKING TO BUILT) A SMALL CABIN. WE DON'T NEED MUCII (ZOOM, IT'S HER AND MYSELF ANI) ON ONE WEEKEND A MONTH MY SONS COME FOR TWO DAYS. THE PROPERTY ON THREE MILE CREEK 1S A PERFECT LOCATION FOR OUR NEEDS. THE PROBLEM WE ARE HAVING IS THE LOCATION OF THE IIOIISE WILL BE 1N THE SETBACK OF THE 30' FROM HIGHI WATER MARK. WE PLAIN TO USE AN ENGINEERED FOUNDATION AND RAISE THE IIOME TO A SAFE HEIGHT SO THAT EVEN IF WE IIAII A MAJOR FLOOD THE IIOME WOULD 'ZEMA1N UNAFFECTED. THANK YOU FOR YOUR CONSIDERATION 1) 1(ff1 ;LA,S & ELLY MURPHY • • May 2, 1996 Douglas and Kelly Murphy P.O. Box 4892 Grand Junction, CO 81502 RE: Variance Request GARFIELD COUNTY Building and Planning Dear Mr. and Mrs. Murphy: Your application for a Variance to Section 5.05.02, live stream setback, has been scheduled for a public hearing before the Zoning Board of Adjustment on May 28, 1996, at 7:00 PM, in Suite 301, Garfield County Courthouse, 1098th Street, Glenwood Springs, Colorado. It is necessary for you or your authorized representative be in attendance. A copy of the enclosed public notice must be submitted to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. You should contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified return -receipt to all property owners within 200 feet of your property no less than 5 days prior to the hearing. The proof of publication from the newspaper, certificates of mailing and return -receipts from the mailing must be at or before the public hearing. It is the applicant's responsibility to make sure the legal descriptions and noticed property owners are correct and that all notices are mailed or published within the time frames noted. Days of notice do not include the day of the hearing. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, Mark L. Bean, Director Building & Planning Department 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that DOUGLAS AND KELLY MURPHY 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: See Attached Practical Description: Located on the east side of Three Mile Creek, approximately 1/2 mile southwest of Glenwood Springs. Said Variance application is to allow a reduction in the required 30' minimum setback from the high water mark of any live stream. on the above-described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application 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. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of9:00a.m.to 12:00 p.m. and 1:00 p.m. to4:00 p.m., Monday through Friday. That public hearing on the application has been set for the 28th day of May , 1996, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County Exhibit "A" PROPERTY DESCRIPTION: A PARCEL OF LAND SITUATED IN THE NW1/4 NE1/4 OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 89 MST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF CARFIELD, STATE OF COLORADO, L?'1NG SOUTHERLY OF THE SOUTHERLY RIGHT—OF—WAY LINE OF THE THREE MILE COUNTY RAOD, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOW'S BEGINNING .AT A POINT ON THE SOUTHERLY RIGHT—OF WAY UNE OF SAID COUNTY RAOD WHENCE THE' NORTHEAST CORNER OF'SAID SECTION 2 BEARS h1.68 41'19' 2120.68 FEET; THENCE S.0070'431'4 95.53 FEST THENCE N. 76U1'43'W. 11521 Etat I; THENCE NORTH 88.95 FEET TOA POINT ON THE SOUTNETtLY RIGHT OF WAY LINE OF SAID COUNTY RAOD; THENCE S.7946'381 114.15 FEET ALONG THE SOUTHERLY RIGHT--OF-WAY "LINE OF SND COUNTY RAOD TO THE POINT OF BEC1 NNINc SAID PAROL CONTAINING 0.24 ALRES, MORE OR LESS. VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution O006 -GAS /re// Y /YJ 1,20f1 (applicant/owners name) _ request(s) a variance to Section S of the Garfield County Zoning Resolution concerning to permit in the zone district. SUBMITTAL REQUIREMENTS: A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity map: showing general geographic location. C. Legal description of site - Copy of Deed of Ownership. D. Practical description of site - including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available through the Assessor's office) F. Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. H. Narrative explaining why the variance is being requested. I. It should be demonstrated by the above information and statements that, "...where by reason of exceptional narrowness, shallowness or sha of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, 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 hardship upon the owner of such property". (Section 9.05.03) J. Subject to the above findings, the Board of Adjustment may authorize a variance provided: 9.05.03 (1): That the variance granted is the minimum necessary to alleviate such pra t1C cal difficulties or undue hardships upon the owner of said property; 9.05.03 (2): 'Itrat such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; K. 70250 fee Rust be submitted with the application. PROCEDURAL REQUIREMENTS: 1. Submit applications to the Garfield County Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agenda.' Regular meeting of the Zoning Board of Adjustment scheduled on the fourth Thursday of each month. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section 9.05.04.(1) 4. Notice by mailing (of the public notice form) shall be sent by certified return -receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. Section 9.05.04.(2) The above and attached information is correct and accurate to the best of my knowledge. OrrAf F gnatur-s 2 app ant and •wne APPLICANT: QOve-zol /, "//LUNY PHONE 974 .25-C 7133-2- e 33.2e D, go, S 9 2/ ceopb a Risz z_ MAILING ADDRESS: OWNER: cvxce /r,�//y (if different fror MAILING ADDRESS: PHONEsC NARRATIVE EXPLAINING WHY THE VARIANCE IS REQUESTED. MY NAME IS DOUGLAS MURPHY, MY WIFE AND I ARE LOOKING TO BUILD A SMALL CABIN. WE DON'T NEED MUCH ROOM, IT'S HER AND MYSELF AND ON ONE WEEKEND A MONTH MY SONS COME FOR TWO DAYS. THE PROPERTY ON THREE MILE CREEK IS A PERFECT LOCATION FOR OUR NEEDS. THE PROBLEM WE ARE HAVING IS THE LOCATION OF THE HOUSE WILL BE IN THE SETBACK OF THE 30' FROM HIGH WATER MARK. WE PLAIN TO USE AN ENGINEERED FOUNDATION AND RAISE THE HOME TO A SAFE HEIGHT SO THAT EVEN IF WE HAD A MAJOR FLOOD THE HOME WOULD REMAIN UNAFFECTED. THANK YOU FOR YOUR CONSIDERATION 1- GLAS &'KELLY MURPHY Exhibit "A" PROPERTY DESCRIPTION: A PAF; G L OF LAND SITUATED IN THE NW7/4 NE"1/4 OF SECTION 28, TOWNSHIP 6 SOUR RANG" 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF CARFIELD, STATE OF COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY UNE OF THE THREE MILE COUNTY RAOD, SAID PARCEL OF LAND IS DESCRIBED AS Fawn- . 0 H BEGINNING .AT A POINT ON THE SOUTHERLY RIGHT --OF WAY UNE OF SAID COUNTY RAOD WHENCE THE NORTHEAST CORNER OF"SAID SECTION 2 BEARS N..68141119 -E. 2120.68 FELT; THENCE 50010'43'W. 95.53 FEET; THENCE N.7631'43'W. 115.21 FEET; THENCE NORTH 88.95 FEET TO A POINT ON THE SOUTHFtLY RIGHT OF WAY UNE OF SAID COUNTY RAOD; THENCE 5.79'46'38 114.15 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY -LINE OF SAID COUNTY RAOD ID THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.24 ACMES, MORE OR LESS. • 41111 NAMES & ADDRESSES OF PROPERTY OWNERS WITH N 200 FT. 2185 281 00 009 JAMES & PENNY POLOWCHENA 0745 127 RD. GLENWOOD SPRINGS CO 81601 2185 281 00 008 TONIA RICHARDS 45 EAGLES NEST CT. CARBONDALE CO 81623 743 127 RD. 2185 281 00 007 VIRGINIA ADDUCCI 1023 GRAND AVE. GLENWOOD SPRINGS CO 81601 000666 127 RD. 2185 281 00 006 ANITA MARIE GILMER P.O. BOX 852 GLENWOOD SPRINGS CO 81602 741 127 RD. 2185 281 00 011 MICHAEL & RUTH PODMORE 0780 - 127 RD. GLENWOOD SPRINGS CO 81601 NOIIV'DO1 dO NOlLdW S30 ELEVATION REFERENCE MARKS