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HomeMy WebLinkAbout01.0 ApplicationAPPLICATION FOR VARIANCE 4412 — 4418 CR 154 Glenwood Springs, Garfield County, Colorado PROPERTY OWNERS: REPRESENTATIVE: Richard Y. Neiley, Jr./Maria E. Maniscalchi 5157 County Road 154 Glenwood Springs, CO 81601 PROPERTY: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw@neileylaw.com Lot 1, NEILEY/MANISCALCHI SUBDIVISION EXEMPTION PLAT, According to the Plat recorded May 7, 2013 as Reception No. 834944. County of Garfield, State of Colorado. Parcel ID No. 2185-363-13-001 MARIA E. MANISCALCHI RICHARD Y. NEILEY, JR. 6800 Highway 82, Suite 1 Glenwood Springs, Colorado 81601 (970) 928-9393 May 14, 2018 Garfield County Community Development Department 108 Stn Street, Ste. 401 Glenwood Springs, CO 81601 RE: Request for Approval of Variance for Black Bridge Condominiums 4412 CR 154, Glenwood Springs, Garfield County, Colorado Parcel No. 2185-363-13-001 Dear Community Development: Introduction Please accept this correspondence and the attachments as our application for approval of a variance for the above -referenced real property. We seek a variance from the minimum lot size per unit in the zone district, Residential Suburban that requires 20,000 square feet per unit. We propose to condominiumize an existing property comprised of 0.974 acres that is developed with four "A" frame residences. The real property was fully developed in approximately 1966 with the four units. Thus, the real property is considered legal, non -conforming under current land use regulations. In February of 2018, we submitted an Application for Condominiumization under the provisions of the land use code related to "subdivision of land for Condominiums," section 5-306 of the Land Use and Development Code (the "Code"). That section of the Code is not, by its terms, applicable to condominiumization of existing, fully developed properties. Rather, that section of the Code relates to subdivision of land upon which condominiums may be developed. The Code section, therefore, requires "the total common area and individual lot area of the whole project, divided by the total number of units, meets the minimum Lot Size requirements of the zone district." That Code section also requires that the lot upon which the condominiums are to be located is part of an approved and platted subdivision meeting the requirements of the Code. Our property is not a lot subdivided and platted pursuant to the terms of the requirements of the Code. Thus, the provisions of the Code regarding condominiumization of newly subdivided land are not strictly applicable to our property. However, the Code does not provided any alternative provisions for the condominiumization for existing, fully developed properties, whether non -conforming or conforming Garfield County Community Development Department May 14, 2018 Page 2 Because our property contains approximately 44,723 square feet or around 11,180 square feet per unit, we cannot comply with the minimum lot size requirement of the zone district under Section 5-306 of the Code. In this application we seek a variance from the minimum lot size per unit in the zone district for the purpose of condominiumizing the improvements on the real property. We do not seek an expansion of the number of units or an enlargement of any non -conformity. Brief Description of the Project The four (4) units on our property were constructed in approximately 1966. Each is comprised of approximately 800 square feet with a main living area on the ground floor and a second floor loft comprising the single bedroom in the units. The loft area is accessed by a pull down staircase similar to what one would find in a garage or for ascess into an attic. Because of the date of construction, the units do not meet many of the requirements of the current building code. For example: The roof of each unit is insulated with '/z" of fiberboard covered with asphalt shingles. The floors of the units are over crawl spaces and have no insulation whatsoever. The pull down staircase to access the bedroom is steep and is does not comply with building code, safety requirements. Almost all of the glass in the units is single pane, non -insulated glass. The units have been used as rental properties since they were constructed. They are unique in that they constitute small single-family residences with beautiful surroundings, views of Mt. Sopris and access to the Roaring Fork River immediately across County Road 154 adjacent to the West Bank Bridge and the West Bank boat ramp. Photographs of two of the existing units are appended hereto as Attachment 1. We conceived a project where we would remodel all four (4) units, using the existing building footprints but opening up the A frame structures with dormers and an expanded bedroom area accessed by a code compliant staircase. Our goal is to condominiumize the units so that they can be sold to individual owners at a price well below any other single family residences in the vicinity. Photographs of the first remodeled unit are appended hereto as Attachment 2. The remodeled unit was constructed in accordance with all required building permits, inspections and approvals. The unit remains approximately 800 square feet in size but with the exception of approximately 2/3rds of the original A frame roof and floor structure, the remodeled unit is essentially all new construction. The roof has been reframed over the existing tongue and groove 2 x 6 roof structure with new 2 x 6 framing that is foam insulated with an entirely new asphalt and rusted metal roofing finish. The roof now has an R factor of over 38. Dormers have been added in the living area. Garfield County Community Development Department May 14, 2018 Page 3 The back third of the A frame was removed to allow for the construction of a new kitchen on the main floor and a master bedroom and bath on the upper level. An entirely new kitchen has been installed with all modern appliances. An additional '/2 bath was constructed on the main level adjacent to living room and kitchen. All new flooring and carpeting were installed. The existing floor structure was leveled, re -sheeted and fully insulated before the installation of new laminate flooring. All new windows and doors were installed with low e glass. New plumbing and electrical were installed throughout the unit. All new siding comprised of low maintenance, concrete lap siding was installed. The septic system was upgraded with a new 2,000 gallon concrete tank and all new waste water and potable water lines were installed. The units are served by an existing well that was permitted in 1968. We intend to remodel the remaining three (3) units in a fashion similar to the completed unit but with different color schemes and other minor variations. The remodeled units will represent new construction consistent with the current trend in small housing. In order to accomplish our goal of making these unique units available for sale at an affordable price, we need to be able to condominiumize the real property. Justification for the Variance Section 4-115 of the Code defines variances as follows: 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 topographical 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 or undue hardship on the owner of the property. The review criteria for purposes of granting a variance is that special circumstances or conditions exist. That criteria provides that a variance may be granted when one or more of the following circumstances or conditions exist with respect to the 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 Garfield County Community Development Department May 14, 2018 Page 4 c. Other extraordinary and exceptional situations or conditions of the property. The special circumstances or conditions cannot be the result of any act of the applicant. The granting of the variance cannot be detrimental to the public good and cannot substantially impair the intent and purposes of the Code. We believe we have extraordinary situations or conditions with respect to our property that justified the requested variance. Our property was initially developed in 1966 at a time when there were no zoning regulations. Given the manner in which the units were constructed, it is apparent that there were little or no building regulations in place. The Code, as presently drafted, simply does not include provisions specifically directed at the condominimization of existing properties. Condominimization is a right under Colorado law. The Colorado Common Interest Ownership Act provides at C.R.S. §38-33.3-106(2) as follows: In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative that it would not impose upon a physically identical development under a different form of ownership. Although we have a statutory right to condominiumize the property, the Code does not provide a specific mechanism to do so. Thus, we have unique conditions and a hardship not of our own making sufficient to justify this variance request. Condominiums result in the ownership of the underlying real property by the unit owners as tenants in common. As a consequence, condominiumization is excluded from the term "subdivision" by statute. C.R.S. §30-28-101(10)(c)(7). Although our real property does not comply with the minimum lot size per unit in the zone district, we are not attempting to subdivide the real property. We are simply attempting to create separate, undivided ownership interests so that the individual units can be separately owned. Granting this variance will not be detrimental to the public good. To the contrary, the upgrading of the units to provide better living space in compliance with modern building code regulations is a public good. Furthermore, being able to make these units available for purchase at a price well below that of any other single family residence in the vicinity offers the chance at homeownership at a monthly mortgage rate comparable to prevailing rental rates. The remodeled unit is currently under contract to a young couple, one of whom is a local accountant and the other is a teacher at the newly completed Riverview School, approximately 1/2 Garfield County Community Development Department May 14, 2018 Page 5 mile down the road, an easy walking or biking distance. The projected monthly mortgage payment of around $1,000 per month is comparable to the current rental rate for the existing units, without the upgrades and improvements. There is simply nothing like this available in the Roaring Fork Valley. The Condominium Declaration proposed for the real property makes provision for maintenance of common area elements including septic system maintenance, driveway maintenance and plowing, and trash removal. Projected monthly condominium dues are approximately $50.00. This is an affordable, free market project that offers unique opportunities for homeownership. Finally, granting this variance will not be contrary to the intent and purposes of the Code. The uses of the Real Property will continue to be residential but the quality and safety of the units will be substantially enhanced. The overall development of the Real Property will not exceed the zone district floor area regulations. The overall development will, therefore, involve less square footage than would be permitted for a single family or duplex residence in the zone district. Attachments to this Application Attachment 1 — existing conditions photographs Attachment 2 — remodeled unit photographs Attachment 3 — exisiting conditions survey Attachment 4 — draft condominium map Attachment 5 - Warranty Deed evidencing ownership of the referenced Real Property by the Applicants Attachment 6 - vicinity map of the subject property located at 4412 — 4418 County Road 154, Glenwood Springs, CO, in unincorporated Garfield County Attachment 7- copies of relevant portions of the Assessors' records confirming the construction date of the improvements on the subject Real Property of four (4) detached residential Units constructed in 1966 according to the Garfield County Assessors records Conclusion We respectfully submit that as described above the real property meets the criteria for granting of a variance for minimum lot size per unit. We, therefore, respectfully request approval for a variance to allow the condominimization of four (4) existing single family structures on a parcel of land comprising of 0.974 acres. Garfield County Community Development Department May 11, 2018 Pale Richard Y. Neiley, Jr. Go Garfield County unity Development.Departmenf 108 8thStreet, Sulte:401 Kenwood Springs, CO 131601 P F (970) 945..8212 www:garfield-county:com TYPE' OF APPLICATION ■ Development in 100 -Year Floodplain ■ Administrative Review ❑ Limited Impact Review • Development in 100 -Year Floodplain Variance 0 Major Impact Review • Code Text Amendment ❑ Amendments to an Approved LUCP ■ Rezoning ❑ Zone District❑ PUD ❑ PUD Amendment • LIR • MIR ■ SUP • Minor Tempora Housing Facility 0 Administrative Interpretation • Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment • Accommodation Pursuant to Fair Housing Act EPipeline Development Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Mailing Address: City: Phone::(' State:CO Zip Code: 7') (o) E-mail:, (.%1,5 'fi" : Vi Representative (Authorization Required) Name- � it) Mailing Address: City: State: Zip Code: E-mail Phone:( PROJECT NAME AND LOCATION 4Project Name Assessor's Parcel Number: a.. f - ! - 0 Physical/Street Address: tC l`6 L� [I.�� � e i , ,1 Legal Description: I" Zone District: Property Size (acres);' ,97' PROJECT OESC Existing Use: _. Proposed Use (From Use Table 3-403):.,, t) Description of Project: dt REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section:. Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List; Section: Section: Section: Section: read the statements above and have provided the required attached information which is ct and accurate to the best of my knowledge. Sigature of Property Owner. OFFICIAL USE ONLY gl)(1 Date File Number: U �� -�