HomeMy WebLinkAbout1.0 General Application MaterialsGlenn Hartmann
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Sent:
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Subject:
Susan Tribble <susan@versatileproductions.com>
Friday, May LL, 2018 L0:47 AM
Glenn Hartmann
'Chris Tribble'
L2644 Hwy 82 Carbondale
HiGlenn,
l'm writing to you in regards to the research I did pertaining to the inquiry about the Vein or Lode to extract as
mentioned in our warranty deed. I spent 2 hours in the court house researching this and this verbiage doesn't appear in
any ofthe documents researched connected to our property. I went back and found the 1974 warranty deed between
Emily Reh and James Luttrell. Their deed doesn't mention anything about a vein or lode. lt appears that the only other
time this vein is ment¡oned is back in 1895 with the U.S' Patent.
Please let me know if li can be of further assistance.
Thank you,
Susan Tribble
1
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Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239327400006 DATE: March 29, 2018
PROJECT: Tribble Variance
OWNER: TRIBBLE, YASUKUNI C & SUSAN J
REPRESENTATIVE: N/A
PRACTICAL LOCATION: 12644 Highway 82 Carbondale, CO 81623
ZONE DISTRICT: Rural (R)
TYPE OF APPLICATION: Variance
I. GENERAL PROJECT DESCRIPTION
The property owner is requesting a variance from the setback requirements in the Rural (R) Zone
District. The property borders State Highway 82 to the north and is approximately 0.69 acres in
size. The 2013 Land use and Development Code, as amended (LUDC) states that a front yard
setback on an arterial road in the Rural zone district is 50 feet. The applicant proposes to build a
carport fully within the 50-foot setback in order to decrease traffic noise from the nearby highway.
The site is improved with a single-family house constructed in 1969. The proposed carport would
be built just south of this structure within the setback area between the house and Highway 82.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
Garfield County Land Use and Development Code, as amended (LUDC):
4-101, Common Review Procedures
4-115, Variance
4-201, Application Materials
2 | Page
III. REVIEW PROCESS
The process to accommodate these requests shall require application for a Variance pursuant to the
LUDC.
A. Pre-application Conference.
B. Application Submittal.
C. Determination of Completeness.
D. Schedule Public Hearing with Board of Adjustment and provide documentation
regarding notice requirements.
E. Request referral agencies to provide comments on the request.
F. Evaluation by Director/Staff resulting in a Staff Report to the Board of Adjustment.
G. Public Hearing before the Board of Adjustment, resulting in an approval, approval with
conditions or denial of the request.
H. Resolution for Board of Adjustment to sign.
I. If approved a Land Use Change Permit will be issued upon compliance with any
conditions of approval.
IV. PUBLIC HEARINGS AND NOTICE
Public Hearing (minimum of 30 days) notices shall be posted, mailed and published pursuant to
Section 4-101.E for a Hearing with the Board of Adjustment. The BOA meets on the last Monday of
the month.
Referral will be sent to the following agencies:
• Garfield County Engineer
• County Road & Bridge
• County Attorney
• Others as may be deemed necessary upon review
of the application
V. SUBMITTAL REQUIREMENTS
• Application form
• Payment agreement form (attached)
• Copy of deed to demonstrate ownership
• Letter of authorization if applicant is not owner
• Names and mailing addresses of all properties within 200
feet of subject site
• Names and mailing addresses of mineral owners of the
subject site (memorandum attached)
• Statement/description regarding why the variance is
being requested
• Vicinity Map
3 | Page
• Site plan indicating setbacks and requested variance area for the carport.
• Response to Review Criteria in Section 4-115(C) (attached)
VI. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $250.00 base fee plus additional staff time at hourly rate of $40.50 if
needed
Referral Agency Fees: $ TBD
County Surveyor: $
Recordation: $
Total Deposit: $ 250.00
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts
applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case
planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing
body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. This summary does not create a legal or vested right.
Pre-application Summary Prepared by:
March 29, 2018
Claire Dalby, Planner Date
M. Section 4-115 Variance
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(Section 4-1.15)
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.lf hcompletê, 60 days to remedy deflclcnclcs
oPublished, posted, and malled to adjacent property owner¡ within 200
feet and mine¡al owners at least 30 days but no more than 60 days prior
to decision date
r21d¡y com¡¡ent period
Step 1 : Pre-applícation Conference
Step 2: Application Submíttal
Step 3: Completeness Review
Step 4: Schedule Decision Date and Provide Notíce
Step 5: Referral
Step 6: Evalulion by Director
Step 7: BOA Decision
91
4-114. CODE TEXT AMENDMENT.
A. Overview.1
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Commission, and decided by the BOCC.
2. Amendments to the text of this Code may be initiated by the BOCC, the
Planning Commission, the Director, or an Applicant owning property that
is subject to the proposed text change. The Garfield County Housing
Authority may also initiate changes to the text of this Code that are
specifically related to Article I of this Code.
B. Review Process.
Applications for a Code text amendment shall be processed according to Table 4-102,
Common Review Procedures and Required Notice.
C. Review Griteria.
An application for a land use code text amendment shall meet the following criteria:
'1.. The proposed text amendment is in compliance with any applicable
intergovernmental ag reements; and
2. The proposed text amendment does not conflict with State law.
4-115, VARIANCE.
A. Overview.1. Applications for variance shall be reviewed and decided by the Board of
Adjustments.
2. Variances are deviations from certain zoning dimensional requirements of
this Code that would not be contrary to the public interest when, owing to
special circumstances or conditions like exceptional topographic
conditions, narrowness, shallowness, or the shape of a specific piece of
property, the literal enforcement of the provisions of this Code would
result in peculiar and exceptional, practical difficulties to or exceptional
and undue hardship on the owner of the property.
B. Review Process.
Applications for a variance shall be processed according to Table 4-102, Common
Review Procedures and Required Notice.
C- Review Criteria.
The following standards shall be satisfied for approval of a request for variance from
specific regulatory provisions of this Code:
'1. Special Circumstances or Conditions Exist. One or more of the following
circumstances or conditions exist with respect to the specific property:
a. Exceptional narrowness, shallowness, or shape of the property at
the time of the enactment of the regulation in question;
b. Exceptional topographic conditions of the property; and
c. Other extraordinary and exceptional situations or conditions of the
property.
2. Not a Result of the Actions of Applicant. The special circumstances and
conditions have not resulted from any act of the Applicant.
GnRnelo CouNTy Ltrun Use AND DEVELoPMENT CoDE 4-19
Strict Application Consequence. Because of the special circumstances
and conditions found pursuant to section 4-115.C.1., the strict application
of the regulation would result in peculiar and exceptional, practical
difficulties to, or exceptional and undue hardship on, the owner of the
property.
Variance is Necessary for Relief. The granting of the variance from the
strict application of the provisions set forth in this Code is necessary to
relieve the owner of the peculiar and exceptional, practical difficulties or
exceptional and undue hardship.
Not Detrimental to the Public Good. Granting the variance will not cause
substantial detriment to the public good.
Variance Will Not lmpair the County's Zoning. Granting the variance will
not substantially impair the intent and purpose of this Code.
4.1 16. ADMINISTRATIVE INTERPRETATION.
A. Overview.
The Director shall make Administrative lnterpretations to this Code when asked by any
person to clarify or interpret any part of this Code.
B. Review Process.
An Administrative lnterpretation shall be processed according to Table 4-102, Common
Review Procedures and Required Notice, with the following modifications:
1. Written Request. The person requesting the Administrative lnterpretation
shall provide a written request to the Director that contains the provision
within the Code in which the person is requesting the interpretation and
any evidence the person has that may assist in an interpretation.
2. Within 10 business days, the Director shall issue in writing, an
Administrative lnterpretation for the provision of the Code in question.
The written response shall include a summary of the facts and the rational
supporting the interpretation.
C. Review Criteria.
The Director shall use the best facts and evidence available to make an Administrative
lnterpretation of this Code.
4.1 17 . ADMI N ISTRATIVE I NTERPRETATION APPEAL.
A. Overview.
An appeal may be taken to the Board of Adjustments by any person aggrieved by a final
written Administrative lnterpretation of this Code by the Director.
B. Review Process.
An appeal of an Administrative lnterpretation of the Code shall be processed according
to Table 4-102, Common Review Procedures and Required Notice, with the following
modifications.
1. Application. The appeal shall be filed with the Director within 30 calendar
days of the date of the final written Administrative lnterpretation.
2. Written Notice of Decision. The Director shall provide the Applicant with a
copy of the recorded resolution setting forth the Board of Adjustments'
decision within 30 calendar days of the date of the decision.
3
4.
5
6
Gnnflelo Gounry LAND UsE AND DEvElopme¡¡r Cooe 4-20
SECTION 2.03. PAYMENTAGREEMENT FORM
Payment Agreement Form
GARFIELD COUNTY (hereinafter COUNTY) and
Property Owner (hereinafter OWNER) agree as follows
7. OWNER has submitted to COUNTY an application for
ereinafter, THE PROJECT)
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the
guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at th¡s time to ascerta¡n the full extent of the costs involved in processing
the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and
to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional COUNTY staff time or expense not covered by the Base
Fee. lf actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to
COUNTY to reimburse the COUNW for the processing of the PROJECT mentioned above. OWNER
acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land
use permit, zoning amendment, or subdivision plan.
PRoPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
Print Name
Mailing Address:
E-MailAddress:
Phone Number:
Date
B
Signature