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Home My WebLink AboutCorrespondenceDavid Argo From: JAMES FUNSTEN <fundesign@msn.com> Sent: Wednesday, May 17, 2017 9:05 AM To: David Argo Cc: Andy Schwaller Subject: Re: Permit #BLRE-04-17-4662 Attachments: Funsten Garage Shop Info History 2.pdf; Old Building.pdf; 010.JPG j msn Photo E-mail View slideshow I Download images Good morning Dave and Andy, Here is my additional information on soils. The existing foundation has had both conditions of load baring and non load baring for many years. the old building was very similar to the new one on permit see photo ). Old foundation is over sized and shows zero movement or failure. Digging for repairs to infrastructure has confirmed the history as explained in history. Water lines are 14 feet underground. Sincerely, Jim Funsten 1 c Original Message From: David Argo To: fundesign(nisn.com Cc: Andy Schwaller Sent: Wednesday, May 17, 2017 8:32 AM Subject: Permit #BLRE-04-17-4662 Jim: Got your voicemail message from yesterday regarding your new pre -fab steel garage/shop building. If you have a previous soils report for the building that you'd like to email over to us, I'd be happy to review with our building inspectors to see if it will satisfy our requirements for an open -hole soils inspection. That's a decision I can't make without their input, but if you provide us with additional geotechnical information that wasn't included in your building permit application, we can review it here in the office and then get back to you. Dave Argo Plans Examiner Garfield Cauniy Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: 970-945-8212 Email: dargo@garfield-county.com Web: garfield-county.com CONFIDENTIALITY NOTICE: This email communication and any files transmitted along with it are intended only for the person or entity to which it is addressed. If you have received this email in error, please immediately notify the sender by email and delete it from your files. These photos will be available on OneDrive for 30 days. To learn more about OneDrive, click here. To share high quality pictures with your friends and family using MSN Photo E-mail, ioin MSN. 2 2'_p. '4'1=11 '1!k t } OVAIOAaefAi is" i T17 1-LN5TriJ - roiko0A rso 2- Mark Bean Breezy and Mary Lou Zordel had this property for sale, and because of pressing needs, offered to lower the price if I could swing the down payment. Mr Ernie Gerbaz with the First National Bank, was the gentleman we worked with in purchasing equipment for the company. He re -financed some of our heavy equipment and made it possible. However, before we would sign the purchase documents we wanted assurance that I could conduct my business, which by this time was several businesses, from this property. Breezy said he was positive it was 0. K. but he would check with our county commissioner, Mr Busby. I would check with the building department. Both responses were positive. Commissioner Busby said that Garfield County wouldn't restrict my canmercial use because the adjoining property and other property in the same locale were also being used in a like manner. The Garfield County building dept. told me that as soon as the new 4 lane highway (hwy 82) was complete through this area, it was very probable that I would be zoned commercial anyway. Whether I wanted it or not. So, with what I believed., to be Garfield County's approval, I bought the property, moved into the house'and moved my equipment onto the lower 2 acres. Attachment "B"_is the plot of the property as delivered to me on Nov 1, 1972, bearing the dates of Nov 4 and Nov 23, 1970. I was under the impression that I was purchasing 2 - two acre lots. So, I built the access road as des- cribed through the residential_2 acres into the commercial 2 acres. I had been buying and selling vehicles and equipment for several years, so I applied to the Colorado Dealers Board and became licensed as Thunder River Truck and Equip. Co (a dealership). During the first year of operation we developed on this property the following types of businesses; 1. Construction company 2. Colorado Retail & wholesale dealership. 3. Trucking company. 4. Mechanical repair shop. 5. Welding, fabricating & machine shop. 6. Storage yard (both inside & outside) 7. Impound lot 8. Blasting contractor. 9. Equipment sales, rental & repair. 10. Snow removal company. 11. Towing & wrecker service. I met Bud Milner shortly after we moved in. I asked him if I could build a building on the lower 2 acres so I could work on equipment out of the snow & mud. He said to bring him a copy of the plans for approval and I could build it. Based on that response, I bought.a building from Harrison -Western, their shop at Norrie. I was their cleanup contractor and I paid them $6,000.00, in work performed, for their 100' X 60= building. It cost approx. $7,000.00 to dismantle and stack it an pallets. In the meantime I had prepared the footings and asked Bud to inspect them. Without any soils tests, Bud turned them down. He -said I would have to remove all the soil under the footings and bring in caapactable material and compact to 952 P.D.. I started the excavation and found the unacceptable material went down 15'. Using the direction given by Garfield County, I excavated an area 3 -Mark Bean 200 ft. long X 100 ft. wide X 15 ft. deep on the property in question. As I removed the material, I imported good compactable material. I hauled and placed over 22,000 yards to accomodate Bud. Then, when I went to Norrie to get my build- ing it was gone. Harrison -Western informed me that the Forest Service had a deadline, so they took it to South Dakota for another job. And since my bill for work had been marked paid, I did not get my money back. In the meantime, approx 1974, Bud came to my office (on the property) and said that someone driving down highway 82 had complained about the looks of my four 500 gal. farm fuel tanks. He first asked me to hide them frau view from hwy 82. However, no such location exists, so Bud then told me he would really like it if the £uel tanks were buried. I told him that was impossible. The tanks I had were not designed for burial. They would just rot out. He asked me to think about it. I did. My fuel supplier told me that if I would bury 8,000 gal tanks or larger, he could dump a c anplete tanker, so he could sell me fuel for less. I would not have considered it just to get a lower price, however, Garfield County wanted me to cure the complaint problem so 'I spent in excess of $20,000.00 to install two 8,000 gal diesel tanks and one 10,000 gal gas tank. Along with a concrete island, new pumps, guard posts and underground electric. Bud even sent a man out to inspect my installation. As long as my fuel was above ground I had a problem with gas being stolen. fairly easily. Once I put in the underground tanks, I had "people" siphoning fuel out of my equipment. I tried putting on locking gas caps but they just took a hammer and beat them off. So, trying to get police protection and failing, I decided to put up an 8' high security fence. I went to Bud again and asked him if I needed a permit to build the fence. He said I didn't, so I proceeded to install it. The fence cost me just short of $20,000.00. I had to bring in electrical power to operate the fuel pumps and the new water well that was adjudicated in 1975 (approx). I also graveled the entire lot but the gravel keeps sinking, so I've done that 3 or 4 times. The small garage which exists in the Northwest corner was approved in 1970 for construction at the same time as the permit was issued to build the house. The other large metal building was the result of a rather unusual circumstance. As I have explained an page 2, Axle of the first things I did after buying the property was to ask Bud Milner about putting up a.building. In the course of about three years I spent (or lost) approx $25,000.00 trying to get the building that I so desperately needed. Sometime in 1975 I was driving past Rex Coffman's place on Road 100 and he was building what looked like a small shop. I asked him how he was doing that without a building permit. He said he didn't need one to build a barn. I again went to Bud. I told him I really needed a building for my equipment needs, that even a barn would do. He told me that if a barn would suffice, go ahead and build it. Here I had been spending thousands of dollars to get permission to build a shop and Bud is telling me, if I call it a barn I can build it. So I did. I bought this building for $5,000.00, paid approx $7,000.00 to dismantle it and haul it to my yard and approx. $5,000.00 to erect it. Garfield county building dept. inspected the footings and beam erection and accepted it. As far as I knew, everything was O.K. I used the building along with the other smaller buildings for my business, and until someone made a complaint about it. Bud then started writing me letters and I quickly learned that I wasn't supposed to use this building for anything that wasn't grown or used for the property. I would receive a letter and drive to Glenwood to find out from Bud what was Andy Schwaller From: Andy Schwaller Sent: Wednesday, July 12, 2017 2:52 PM To: 'fundesign@msn.com' Cc: Dave Argo; David Pesnichak; Glenn Hartmann Subject: Garage at 3627 C.R. 100--BLRE-4-17-4662 Jim, I did some research after we spoke yesterday regarding the new construction on your property. As you pointed out, there is a legal nonconforming use associated with storage of equipment that is based on the historic use of the parcel. I did find reference to a structure that was possibly used as a shop back in the day. From the records, it appears the shop was constructed as an agricultural structure exempt from needing a building permit. I could not find any permits converting the building to a commercial structure. It also appears the building was destroyed or demolished possibly in 2011 or earlier. It appears the foundation might have been considered for use for a future ADU in 2014. Based on the available information, the zoning codes related to legal nonconforming uses and the file, it is not possible to build a new commercial shop without a land use permit. The application you submitted for this structure is for a garage/shop accessory to a single family home. The permit the county issued is also just for a garage built under the residential IRC building code. There is a condition to the permit that clearly spells out noncommercial use of the structure. From our conversation yesterday, it appears you hope to use the structure for more than just a personal use garage. The present zoning including the nonconforming uses does not allow for this. The building permit review also did not address this. Typically a shop used to repair and store trucks and equipment is reviewed under the commercial code IBC. We did discuss the possibility to request a land use change permit to pull in the various uses and the proposed garage/shop into compliance with the zoning code. It appears a small contractor's yard is an administrative review. The subject is different but the process would be similar to the ADU land use permit you received in 2014. That file already has some of the required submittal data that could be used in a new application. This permit if approved would allow for a shop building and could also extend the present uses grandfathered into the property. In order to keep you and the county from going too far in the wrong direction, putting a pause on the present project is in order. There appears to be a difference of opinion on the end use of the structure permitted based on our telephone conversation. That being stated, you can continue with construction for a use by right garage accessory to your single family dwelling with the understanding in writing that the structure could not be used infontimithout the proper building and land use permits in place. We feed it is prudent to stop construction and not to do any more inspections until -such -time -all parties are on the same page. Please call with any comments or concerns. We look forward to working with you to work thru these possible issues. Regards, Andy Schwaller Building Official Garfield County M2L.T L 6X-IIL(�1 7')-Zt4Cr%2 v Ye 27CR/bo JttrtA Ngo Jf. 50180. utkvvece. ..., rSfr r � 4 f� 21-*- / G V )eTtp)o,,/ c,--/046--ec_s)z______Li- It) S 11-u4n C -)J 44 t-N-t-22-c-N-1— ig-S_M)raaV.SCAMici, /10'11 4// rLe-q (A) Ar -3 _6426412j24-4-0 441,14/ I) 6,4)/25,›W /40±V-0 2 C. 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