HomeMy WebLinkAbout5.0 Staff Report BOCC Call-Up 03.12.18Request for Call-up - Funsten Contractors Yard' Small
BOCC 3-12-18
DP
REQUEST
PROPERTV OWNER
REPRESENTATIVE
LOCATION
PROPERTY INFORMATION:
ACCESS
EXISTING ZONING
DIRECTOR DECISION Approval with Conditions
I. GENERAL INFORMATION
A request was received on Decem ber 2g,2oL7 for Administrative Review for a contractors Yard, small to
be located approximately 3.75 miles east of carbondale at 3627 County Road 100' The contractors Yard
has been documented as Legar Non-conforming (see Exhibit 4) and has been in operation prior to the
establishment of zoning within Garfield county. The property owner desires to obtain a Land Use change
permit for the use as a contractors Yard, small on this property in order to legitimize the use under the
current Land Use and Development code (LUDC) and allow the construction of a garage to store some of
the equipment under cover. The construction of the garage is considered an expansion of the Legal Non-
conforming Use and is not permitted unress the use obtains a Land Use change permit. A denial of this
application would allow the use to continue as is under its current Legal Non-conforming status'
A request for a contractors yard, small in the Rural Zone District is an Administrative Review pursuant to
section 4_103 0f the Garfierd county 2013 Land and Deveropment code, as amended (LUDC). This process
grants the decision_making authority to the Director of community Deveropment. This process arso allows
for car-up of that decision for review by the Board of county commissioners. A decision that is called up
requires scheduling of a public meeting so that the Board may determine whether to reconsider the
Director Determination in a noticed public hearing'
A Director Determination of Approval with conditions was issued on February g,}oLg and a request for
cail_up was received from Tom smith, attorney representative for the nearby Lions Ridge subdivision on
February t4,2OL8-
The call-up request letter, Director Determination letter, staff report and exhibits' and select prior
documentation / correspondence regarding the Legal Non-conforming nature of the use are attached'
STAFF MEMO
Schedule a Public Hearing for reconsideration of a Director
Decision for a Contractors Yard, Small
James Funsten
James Funsten
3627 CR 100, Carbondale
3.99-acres
County Road 100
Rural
Request for Call-up - Funsten Contractors Yard' Small
BOCC 3-12-18
DP
It. BOARD DECISION
The Applicant has provided a request to call-up the application for Board consideration in a noticed public
hearing. shourd the Board determine that a pubric hearing is warranted on this application staff
recommends scheduling the hearing for Monday April 9' 2018'
EXHIBIT
From:
Sent:
To:
Subiect:
Here you go.
Wednesday, February 14,20L8 2:00 PM
David Pesnichak
FW: Funsten Administrative Review
-shergl t" EDVver, A{o"
Garfield CountY
CommunitY DeveloPment Director
108 8th Street, Suite 401
Glenwood Springs, CO
81601
(970)e4s-L377
From: Tom Smith [mailto:tom@tfsmithlaw'com]
Sent: Wednesday, February 14,2OL81:59 PM
To: Sheryl Bower <sbowe r@ga rfield-cou nty'com>
Cc: Kelly Cave <kcave@ga rfield-county.com>
Subject: Funsten Administrative Review
Ms. Bower;
I represent the Lion,s Ridge Homeowners" Association and its members, whose properties are adjacent to the Funsten
property located at 3627 county Road 100. you recently approved an application for a small contractol's yard on the
property.
By this email, I am notifying you pursuant to section 4-772 ofthe Garfield county Land Use code that Lion's Ridge HoA is
hereby making a call-up request to the Bocc in connection with this determination. The reason for the request is that
we do not believe that the application meets the requirements of the code. lt is my understanding that it is not
necessary for me to explain our reasons in more detail at this time.
please notify me of the date of the Bocc's consideration of this request so that we may attend the meeting' Thank you'
Tom
TF Smith
PO Box 3380
229 Midland Ave.
Basalt, CO 81521
Phone#: 970-7L8-2O44
Cell#: 97O-379-7tOl
tom @tfsmithlaw.com
EXHIBITlz
February 9,2018
James Funsten
3627 CountY Road 100
Carbondale, CO 81623
DIRECTOR DETERMINATION - Administrative Review Land Use Change
Permit - Funston - Contractor's Yard' Small -
Garfield County File Number GAPA - 12-17-
8601
Dear Mr. Funsten;
This letter is being provided to you in regard to a General Administrative Review
Application for a 6ontractors Yird, Small on your property' The proposed use is
located in section: 31 Township: 7 Range: 87 TB lN LOT 3 & LOT 4 on a part oj
the property known UV nti.tsor's-Parce-l No. 239131200004 and located a13627
Corinti noiO 100, approximately 3.75 miles east of the Town of Carbondale'
The Director,s Determination on the Application is based on the following findings
anO iunlect to the Applicant's representations and conditions of approval'
1. That proper public notice was provided as required for the Director's
Decision
2. That the Application does adequately meet the requirements of the Land
Use and O&"loprent Code oi ZOl3, as amended, with approval of the
foltowing Waiveis: Section 7-1001(B) - Setbacks, Section 7-1001(C) -
Concealing anO Screening, and Seciion 7-1001(D)(3)- Storing Setbacks'
3. That the application is in general conformance with the 2030
ComPrehensive Plan, as amended'
Coun$Gaffield
A Director,s Decision is hereby issued approving the Application as shown on
Exhibit A and with the following conditions'
conditions Prior to lssuance of the Land use chanqe Permit
1. The Applicant shall obtain a driveway permit from Road and Bridge and
construct "nv
t"qrired improvements prior to issuance of the Land Use
Change p"iriit. oemonstration that the driveway permit was. iss.ued and all
required improvements have been completed shall be submitted to the
community Development Department prior to issuance of the Land Use
Change Permit.
General Conditions
2.AllrepresentationsoftheApplicantcontainedintheapplicationincluding
the site plr. ".J overall dimensions of the contractor's yard shall be
consideredconditionsofapprovalunlessspecificallymodifiedbythe
Director Decision.
3. That the operation of the contractor's yard shall be done in accordance with
all applicable Federal, State, and locil regulations governing the operation
of this type of facility including, but noi limited to, fuel and hazardous
materials storage'
4. AII activity and structures associate with the contractors Yard, with
exception to the access road, shall be contained within the area identified
ontheSitePlanandbeatleast50feetbackfromallpropertylines.The
required 50' setback shall only apply to the area identified in the site plan to
be used as the contractori Viri. standard county setbacks for the
underlying ion" district shall apply to all other uses outside the Contractors
Yard area and not associated with the contractors Yard use'
5. All indoor storage areas, covered parking, and garages associated with the
contractors Yard use must comply with alL applicable building code
requirements and be located within the area identified on the site Plan for
the contra.ioo yard and be at least 50 feet back from all property lines.
6.TheaccessroadsfromCRl00shallbemaintainedtothestandards
outlined in Section 7-107 '
7. No employees or other personnel shall be stationed onsite'
8. All lighting shall be the minimum necessary and shall comply with section
7-3o4oftheLandUseandDevelopmentCodeincludingandshalldown
casted, snielded, and directed inward toward the interior of the site'
9. The operator acknowledges that Garfield county has the following
2
standards for lndustrial Uses as described in section 7-1001 and as
outlined or otherwise modified below:
a. Materials shall be stored on the property in a form or manner that will
not oe tiansferred off the property by any reasonably foreseeable
natural cause or force'
b. All products shall be stored in compliance with all national, State, and
local codes.
c'Petroleumandhazardousproductsshallbestoredinanimpervious
sPill containment area(s)'
d. All industrial wastes shall be disposed of in a manner consistent with
Federal and State statutes and iequirements of CDPHE' Flammable
or explosive solids or gases and other hazardous materials including
wastjs-shall be store? according to the manufacturer's standards
and inal comply with the nationil, State, and local fire codes and
written ,ecomm"ndations from the appropriate local fire protection
district.
e. Noise shall not exceed State noise standards pursuant to C.R.S',
Article 12,Tille25.
f. Every use shall be operated so that the ground vibration inherently
and iecurrenly generated is not perceptible without instruments at
any point of any boundary line of the property'
g. Any activity that will generate noise, odors, or glare beyond-the
prop"rty UounOaries s[all be conducted between the hours of 7:00
a.m. to 7:00 p.m. Monday through Friday'
h. Every use shall be so operated that it does not emit heat, glare,
radialion, or fumes that substantially interfere with the existing use of
aOioining property or that constituies a public nuisance or hazard'
Flarinj 6f'j6"r, aircraft warning signal, and reflective painting of
storag"e tariks, or other legal requirements for safety or air pollution
contr5l measures, shall be exempted from this provision'
This Determination will be forwarded to the Board of county commissioners for a
period of 10 days so that they may determine whether or not to call up the
Sppfi""tion for further review. According to the Land Use and Development Code'
Sl"tion 4-112(A),.a calt-up may be initiated by the BOCC, the Director' the
Applicant, or any affected nilacent Property Owner'.' Should this time period pass
*'ith no request for review or public hearing, the decision shall be final'
Please eontact this department if you have any questions.
Sincerely,
Community Development Department
CC:of County Commissioners
it
dp",.o
fi!e
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EXHIBITI?fJ
Directors Determination - Exhibits
Funsten - Contractors Yard, Small - Administrative Review
Applicant is James Funsten
February 9, 2018
(File GAPA-1 2-17 -8601)
Exhibit DescriPtion
I
elopnqqt Pode, as amended
@mprehensive Plan of 2o3o
Exhibit Letter
(Numerical)
1
2
3
4
5 Application
6 Staff Report
ffiGarfield County Road and Bridge
Department (dated January 19, 2018) -do DePartment of TransPortation
(dated January 5, 2018\ .
on-Conforming status of
the use (dated November ?5, 1997) - ...
ssory Dwelling Unit (RecePtion
Number 852740)
untY Code Enforcement Officer
(dated January 16, 2018) - . .
rado Parks and Wildlife (dated January
16,2018)
re Protection District (dated
January 18, 2018) - -. . . -
untY Vegetation Manager (dated
January 23,2018)
arfield County designated engineer
| (ort"o January 24, 2018)
7
8
I
10
11
12
13
14
15
16 l Email fro
eld CountY Public Health (dated
I January 23,2018)
17
18
19
20
21
Funsten Small Contractor's Yard
GAPA-12-17-8601
February 9,2018 - DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
LOCATION
LEGAL DESCRIPTION
ACRES
ZONING
Administrative Review Land Use
Change Permit -Small Contractor's Yard
James Funsten
James Funsten
The proposed use is located at 3627
County Road 1OO, approximately 3'75
miles east of the Town of Carbondale.
The property is located in Section: 31
Township: 7 Range: 87 TR lN LOT 3 &
LOT 4 on a part of that property known
by Assessor's Parcel No. 2391-312-00-
004.
3.99 Acres
Rural (R)
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting approval for a Small Contractor's Yard of approximately 1
acre in size occupying the western portion of a 3.99 acres property. Th-e contractors Yard
L propor"d to be Ln-ltrn"o. since the Yard is proposed to be un-staffed, demonstration
of 'legal and adequate water and wastewater is not required. The access driveway from
CR 100 is an existing access point and the access roadway to the use has been
represented to meet Ine Standards outlined in Section 7-107 of the Land Use and
oeretopment code (LUDC). The Applicant is requesting a waiver to reduce the required
100 foot setback from residential adjacent and other property lines.(7-1001(B) and 7-
1OO1(DX1)) down to 50 feet. ln addition, the Applicant is requesting a waiver from
screening'iequirements in Section 7-1001(C) based on current vegetation and limited
visibility from adjoining public rights of way'
The Contractors yard is currently existing as a Legal Non-Conforming Use that has been
in jlace since before Garfield County instituteo zoning in 1972 (See Exhibit 9, Letter from
Mark Bean dated Novembe r 25, 1g-821. The purpose for this request is to legitimize th.e
existing Contractors yard use by obtaining a Land Use Change Permit for a Contractor's
yard, lmall. Garfield County Code Enforcement has monitored this use since 1987.
There are no current Code Enforcement actions on the property and it appears that the
tegat non-conforming contractor's yard on the property is in compliance with the uses
documented in 1987.
ln August 2014, the Applicant obtained a Land Use Change Permit for an Accessory
Dwelling Unit on the property. Legal and adequate access, water and wastewater for the
primary-and Accessory dweiling units were examined and approved at that time.
The Application has provided the following description of the proposal:
My goal for this LUCP is to bring this property into conformity with Garfield
County. This propefi has a legal nonconforming use that dates back to the
early igZOs.'t have an ongoing project, permit #BLRE-04-174662, for a
residential garage/shop. !- hope to enclose the most persistent legal
nonconformi-ng use comprising of parking and maintenance of my own
vehicles and Jquipment in thisbuilding. This alone would be a shift toward
preferred contormity. ! have requested waivels on7-1001 8., "Setbacks,"
7-1001c., "Conceaiing and Screening," and 7-1001 D.3, "Storing,". I hope
to find a middle ground that is agreeable to both parties. I propose a 50 foot
setback on setbick and storing instead of 100 feet; see setback map. The
request on concealing and screening is in the interest of maintaining the
character of the area as it has stood for many years with natural vegetation
acting as the screening. lt has worked well and when the yard is in a time
of lower use, it looks li[e a pasture instead of a screened contractors' yard;
see photos. With these suggested waivers of standards, I will continue to
have a functional contractors'yard and bring the property into conformance.
Without this LUCP, I would have to continue the legal nonconforming use
as it has historically been and just use the shop/garage for residential use.
This would be a frustrating outcome for me. I believe we have an opportunity
to make this property better for Garfield County, neighbors, general public
and owner *hile puiting a the legal nonconforming use in the past. This
LUCp would also preserve in conformity a contractors'yard that serves as
an asset to our vailey in good geographic function and traffic safety.
The uses tor 3627 CR 1OO Small Contractors' Yard and Building will be the
following: general contracting, trucking/logistics, indoor/outdoor storage of
equipmeni anO materials for construction and production events in our
region.
II. DESCRIPTION OF THE SITE
The site is currenly developed with a single family residence, an Accessory Dwelling. Unit,
2 detached garages, a pond and a shed. The property appears to have positive drainage
to the southwest and'is a mix of graded areas, native vegetation and grasses. The
Applicant has represented that the property is.periodically used for storage of equipTe$
which is considered legal non-coniorming. Discussions with the Garfield County Code
Enforcement Officer ind-icated that this matter has been looked into in the past and there
are no current or past enforcement actions on the property that stemmed from the
investigation.
Aerial View of Su
Approx.
Location of
ADU
Site PIan
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III. APPLICABLE REGULATIONS
A. The Land Use Tables contained in Section 3-403 of the Land Use and
Development Code, olsignate a Small Contractor's Yard within the Rural Zone District
as requiring Adminlstratiie Review. Article 15, Definitions sets forth the method for
measuring the size of a small contractor's Yard Area (5 acres or less), measuring around
tne perim-eter of the Contractor's Yard in a box or series of boxes. The Applicant's
proposal is approximately 1 acre for a small contractor's Yard based on this
measu rement methodologY.
B. Section 4-103 of the Land Use and Development Code sets forth the
Administrative Review procedures by which the current Application is being considered'
c. Article 7 of the Land Use and Development code sets forth General approval
standards in Division 1, General Resource Protection Standards in Division 2 and Site
planning and Development Standards in Division 3. ln addition, the Contractors Yard is
subjectio section l-iool, tndustrial Use standards. The standards are addressed in the
AJplication submittals and in the Staff Analysis section of the Staff Report.
IV. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
compleied. No written public comments were received. Referral comments received on
the Application are attached as Exhibits and summarized below:
1. Garfield County Consulting Engineer, Mountain Cross Engineering (Exhibit 15):
o Requested information regarding the size of the planned enclosure. Should
the enclose be 10,000 iquare feet or more, then a drainage plan is
required.o Requested a copy of the driveway permit, once obtained.
2. Garfield County Road and Bridge (Exhibit 7):
o A Driveway Permit for the approved Contractors Yard will need to be
approved by Garfield Count Road and Bridge'
3. Colorado Department of Transportation (cDoT) (Exhibit 8):
o No comments on this application. States that it is unlikely it will increase
traffic by 2Oo/o at Highway 82 ICR 100 intersection'
4. Colorado Parks and Wildlife (CPW) (Exhibit 12):
o Noted that since the site is already heavily disturbed, CPW has no
comments on the ProPosal'
5.CarbondaleFireProtectionDistrict(Exhibitl3):o lndicated that the District has no issues with the proposal.
6. Garfield county Vegetation Management (Exhibit 14):
o lndicat"O tnrl the Department has no comments on the proposal'
7. Garfield County Public Health (Exhibit 17):
o lndicated that stormwater management looks appropriate, water and
wastewater will need to be demonstrated should the facility become
staffed, and that hazardous materials and paints should be stored
,pp.piirtely since the property is within the Town of Carbondale Source
Water Protection Area.
g. Other agencies that did not submit comments include: Colorado Division of Water
Resources.
V. STAFF ANALYSIS
Article 7, Division 1: General Standards
The property is in generat compliance with Zone District Regulations for the Rural Zone
District. As proposJd, th" Contractors Yard is requesting a 5070leduclign in the lndustrial
setbacks of 100 feet. This Waiver request is discussed in the lndustrial Standards section
of this Staff report. All other zoning parameters have been met or will be required to be
met for the Rural Zone District.
Section 7-102: Compliance with Comprehensive Plan and lGAs
The site is identified as Residential Medium (6 - .10 Ac/DU). Excerpts from the Garfield
County Comprehensiye Plan Future Land w'
trxo u*
Desnrrnon Descneroil CdrlruLE Zoittxc
Residential
Medrum {RM)
Small fam, *tales and cluslered residenlial
subdivBion, densily delermimd by degre of
clustering and land preseryed in open conditioni
0% open land ' 1 du Per <10 acres
50% open laf,d - 1 du Pet I eres
70% open land - 1 du Ps 6 acres
Rutal (R)
Planmd Unit DereloDlMt
(PUD)
D€Nity of resilentlal uses I du per 6 to < 10 ases
Examplel
Future Land Use
Relevant goals and policies from the county comprehensive Plan are outlined as
follows:
chapter 3 - Section 4: Economics, Employment and Tourism
policy #3: Gartie6 County will encourage the development of a diversified
industiat base recogniziig physicat tocation-to-market capabilities of the
community, and theiocialand environmental impacts of industrial uses.
poticy #4: Ensure that transportation modes and nodes are directly linked
with existing iconomic ,eni"rs through development review process and
insPection.
9
policy #S: The county witl direct industial developments to the airpoft center
and other appropiately designated areas'
Sfra tegies/Actions ll4: Ensure that commercialfindustial developments are
compatible iitn ,aprrnt tand uses and preserue the visual quality of the
countY.
It is Staffs opinion that the proposed facility meels these Policies, Strategies, and Actions
and is therefore in general compliance with the Comprehensive Plan'
Section 7-1 03: ComPatibilitv
The application includes the following description of the surrounding land uses'
Adjacent land use within a 1500 sq. ft. radius includes mostly dwellings and
agiiculturaf uses- Along with these arc a gas station/store, polo training
facility, landscaping/forestry contractor's yards, kingdom hall (J 'W') and
Hughes junt< yaiO. ih"r" is also an effort for possible mini storage sharing
a south property line with this site'
The nearest residence is approximately 80 feet to the north of the proposed use' There
has been increasinj oerelopment interest in this area including commercial development
on the parcels to th6 south of the sunlect parcel as well as residential to the west. The To
Ranch subdivision which sits to the south and west of the subject parcel is currently
approved as a residential subdivision with 3 lots. Developers have been in discussions
with the county to change the residential status of this currently vacant subdivision,
however, in order to allow for commercial and/or industrial development by Land Use
C;;g;'permit. As ilted previo_usly, the contr.?9toi: yard use on the subject parcel is
currenly considered Legal Non-con?orming as it has been demonstrated to have been in
use since before tne co-unty had zoning in-lglz.while some complaints have been filed
regarding this use over the'years, it ap-pears that the. use as it exists today is consistent
with that originally documenied in 1g8i'nv then Planning Director Mark Bean (See Exhibit
e).
10
View of from CR 100 and 82 (Provided
section 7-103 requires the following: "The nature, scale, and intensity of the proposed
use are compatible with adjacent land uses'"
The LUDC further defines compatibility as: "The characteristics of different uses or
activities or design that allow them to be located near or adjacent to each other in
harmony. compatibirity does not mean "the same as." Rather, compatibility refers to the
sensitivity of development proposals in maintaining the character of existing
development."
As a Legal Non-conforming Use, the contractor's yard is only required to abide by Rural
setback standards of 25' fear, 10, side and 25', front. while the Applicant is requesting a
Waiver from the 10u, setback for industrial uses in the Rural zone district, the 50' setback
requested is significantly larger than that required today as a !9991 Non-Conforming Use'
The contractor's VriO ,." i-s also setOacf approximitely 280' from.County Road 1.00
behind a thicx grove of existing trees and a single family home. To this end, considering
the rongevity of this use on the property, it has proven.togeneraily be compatible with the
surrounding resioenilat and agricutturai ,r"r. ln addition, the increased setback of 50'
from the n6rth, south and weJt proferty rines wiil herp increase the compatibility of the
use with the surrounding uses.
Section 7-104 states the following:
All applications for Land Use Change Permits shall have an adequate'
retiable, physical, long-term, and legaiwater supply to serve the use, except
for land uses that do not require witer, or that contain Temporary Facilities
served bY a licensed water hauler'
The Applicant has indicated that the contractors Yard will be un-staffed. As an un-staffed
facility, it is understood that the contractors yard use will not require a water source. lt is
worth noting that an ADU was permitted on the property in 2014. At that time legal and
sufficient water *as anatyzed and approved for both the primary and accessory dwelling
units.
As the facility is proposed to be un-staffed and does not require a source of water, a
wastewater system is arso not required. rt is worth noting that an ADU was permitted on
the prope rty tn 2014. At that time legal and sufficie.nt waltewater facilities was analyzed
,nO'"pbror'ed for both the primary and accessory dwelling units.
Section 7-106: Adequate Public Utilities
The Applicant has represented that all necessary utilities are currently in place.
a. A referral letter from the County Road and Bridge Department (Exhibit 7) provided
the following comments'
The proposed Funsten contractors Yard at 3627 County Road 100, Fib
#GAPA-1 2-17-8601, will be using the existing driveway. lf approved a
Driveway Permit will be required from Garfield County Road & Bridge'
Garfield corntv Road & 'Bridge have no other concerns with this
applications.
As a result of these comments, staff recommends that as a condition of approval that the
Applicant obtain a driveway permit from Road and Bridge and construct any necessary
iniirou"rents prior to issuince of the Land Use Change Permit.
b. The Traffic Study provided by the Applicant indicates that the Contractors Yard will
have 16 averag" orirv vehicle trips. The Application includes the following description of
the traffic imPacts:
t2
The existing land uses on parcel are single family dwelting, agricultural and
legal nonco'ntorming uses that mimic the uses intended on this LUCP' All
driveways and easdments have been existence lor 44 yeals_...-Current trip
feneration is 1G trips at access point to County Road 100' There is no
driveway permit due to age of parcel but applicant intends to get one as a
condition oi p"trit if neeled. ih" current trip generation numbgr includes
construction'-phrr" with 3 light vehicle trips, 9 medium duty trips and 4
heavy truck tiips. Trip g"n"rition should decease slightly after completion
of construction and decrease a bit more with LUCP in place. No new access
points are intended. The proposed _use. of. a small contractor's yard will
slightty reduce trip generation from historical levels.
c. Circulation within the Contractors Yard area is depicted on the site plan. The
Applicant has indicated that the access roadway to CR 100 will meet the dimensional
requirements ouflined in Sectio n T-107 . Staff recommends a Condition of Approval that
the roads be maintained to the standards outlined in sectionT-107 -
Section 7-108: Natural Hazards
The Applicant has represented that there are no known natural hazards on the property'
A review of Garfietd county GIS data has not shown any known hazards, either'
Article 7, Division 2: General Resource Protection Standards
Section 7-201 Aoricultural Lands
The property is not currenfly in agricultural production. lmpacts to adjacent agricultural
uses are expected be minimal to none. As a Legal Non-Conforming Use, the impacts to
adjacent uses are expected to remain similar to existing.
Section 7-202 Wildlife Habitat Areas
The proposed contractors Yard is currently existipg as a Legal Non-Conforming Use'
This application was referred to Colorado Parks and Wildlife (CPW), who noted that since
the area is already hlghly disturbed the application has generated-no comments (See
Exnioit 12). Ar"ri"*oicirw'r publically available.s.pecies Activity Mapping (sAM) t!9*
the following species are identiiied to pbtentially utilize the property and the surrounding
atea.
- Bald Eagle (Winter Forage and Winter Range)
- Black Bear (Fall Concentration)
- Elk (Overall Range)
- Mountain Lion (Overall Range)
- Mule Deer (Severe Winter Range)
13
It is likely that while certain species may utilize the property, as the use has been existing
on the property since the early 1g70's, no additional impacts are expected should this
application be aPProved.
No weilands or waterbodies have been identified on the subject parcel. As a result,
impacts to welands or waterbodies is not expected as a result of this proposal.
Section 7-204 Drainaoe and Erosion
The application includes the following regarding grading and drainage on the property:
The site has functioned as an active legal nonconforming contractor's yard
for many years. lt has a gentle slope and drainage to the southwest with
ditch lines surrounding the whole area. lt has well developed grasses
throughout that responl well to the intermitted activity/pressures that mimic
livestock hove activity, helping the grass to reseed itself. The sight will
remain as it has for some time with no new grading or drainage structures.
The mature natural vegetation helps this site performs well in erosion
controt, drainage and porousness of soil. we also mow and manually pull
noxious weeds-to improve native habitat. The addition of indoor storage will
enhance the overall habitat health and drainage of land.
The application included the topography of the pro.perty which was reviewed by the
county designated engineer who did not identify any issues.
The County designated engineer did request representation regarding the size of the
planned enctosur6 for use witn tne Contiactors Yard (See Exhibit 15). By Code, if.the
size of the impervious area created by the structure is 10,000 square feet or more, than
a drainage plan is iequired. According to the applicant, the size of the planned enclosure
I i+OO-rqr"r" feet (See Exhibit 16), significantty less than the 10,000 square foot
threshold for the drainage plan requirement. Drainage around the structure will be
reviewed as a part of the buiiding permit as well for the structure as well'
Sections 7-205 Environmental Quality
lmpacts to air and water quality is expected to be_limited to typical impacts from motor
vehicles. Referral ,omrenis from Ga*ield County Public Health (See Exhibit 17) indicate
the need to store hazardous materials and paints properly in order to prevent
contamination of the soils and groundwater, particularly since the property is located
within the carbondale source water Protection Area.
t4
Section 7-206 Wildfire Hazards
The subject property is identified as Very High and Not Rated according to Map 7'
Wildland Fire Susceptinility Index of the Community Wildfire Protection Plan (CWPP)' ln
addition, no slopes over 30% have been identified and no fire chimneys are known to
exist on the ProPertY.
The application was referred to the Carbondale and Rural Fire Protection District, who
indicaied that they have no issues with the proposal'
Section z-zol requires that if the development is subject to wildfire- danger, a9 tJtls
prop"rtv is, that the roof be composed of a noncombustible material. As proposed, this
standard is met since it has been represented that the shop and garage currently has a
metal roof.
Section 7-207 Natural and Geolooic Hazards
See Section 7 -108, above
Section 7-208 Reclamation
This application was referred to the Garfield County Vegetation Manager who indicated
that the'application generated no comments (see Exhibit 14).
As the use is currenfly existing and no new impacts are proposed, reclamation is not
anticipated to be needed as a result of this approval. The application includes the
following rePresentation.
property is remaining as it has for many decades and the minor amount of
gtriing'*ill be maintaineO as the rest of the parcel is currently'
Article 7, Division 3, Site Ptanning and Development Standards
Section 7-301 ComPatible Desiqn
As noted in section 7-103, it is staffs opinion that the use proposed has demonstrated
over the years that it can be generally compatible with the adjacent residential uses. This
section, z-g01 is intended to addreri tn" physical compatibility of the development with
adjacent proPerties.
The proposed facility is intended to be an approximately 1 acre Contractors Yard with
some indoor storage areas on the north side. The indoor storage areas are proposed,to
be in the form of c6vered parking and garage space. The appticant has represented the
following regarding Compatible Design'
15
section 7-302 off-street Parkino and Loadinq standards
Adequateparkingandcirculationhasbeendemonstrated.
The intended use and structures are compatible with neighbors and area'
sife has excellent buffering visualty from iees and natural vegetation' we
folow strict noise and actiiity limiti that have functioned well historically'
staff agrees that the use is well screened from adjoining uses and from the public vantage
points by well-esta6lisn"O trees. lt is also undeistooO tnat the only noise generators at
this facility will be motor vehicles and will not exceed existing levels generated by the
Legal Non-Conforminj use on tne ptopetty StaT rec€mmendl a Condition of Approval
that the ongoing use of the property comply with local and state noise standards'
Sections 7-303 Landscapinq Standards
lndustriar uses are not subject to specific landscaping requirements of the code.
However, the Applicant has'demonstrated that existing landscaping on the property
prtriO"r sufficieniscreening of the use from the public vantage points'
Section 7-304 Liqhtinq
The Applicant has represented the following regarding lighting.
All exterior tighting will be downcast and shielded- Atl lighting in general is
and witt be LED high efficiency lighting'
section 7-304 requires that all exterior lighting meet the following standards'
A. Downcast Lighting.
Exterior tigili; shrit O, designed so that tight is directed inward, towards
the inteior of the Subdivision or site'
B. Shielded Lighting.
Exterior tiiniig siall be fully shielded or arranged in a manner so that
concentrai",i rZyt of tight witi not shine directly onto other properties'
C. Hazardous Lighting.
The direct o,r reilecteld light from any tight source shatt not create a traffic
hazard. Cotorea tights sialt not be used in such a way as to be confused or
construed as traffic control devices'
D. Flashing Lights.
Btinking, fl"ush"i1g, or flutteing lights, or other ittuminated device that has a
cnanginig igni iiirnsity, brigifness, or color, shatl be prohibited in all zone
disfnbfs.
16
E. Height Limitations.
Lightsources which exceed 40 feet in height shatl not be permitted except
for temporyq nitiA"y displays or as required by local, Sfafe or Federal
regulations-
Staff recommends that the 7-304 Standards be conditions of approval"
Section 7-305 Snow Storaoe Standards
Adequate areas for snow storage is available for the proposed facility'
These standards are not applicable based on the proposed use'
Article 7, Division 3, Section 7-1001: lndustrial Use Standards
The Application submittal addresses key industrial use standards from the Land Use and
oever5iment Code summarized with staff comments below:
A. Residential Subdivision
Thelocationisnotwithinaresidentialsubdivision.
B. Setbacks
As is noted previously, the Applicant is requesting a waiver from the 100'setback
requirements for lnouitriat facitiiies. The jusiification for this waiver is that the use is
currenly considereJ Legal Non-conforming and is subject to standard building setbacks
within the Rural zone district, not the 100; setback. Applying the 100'setback to this
pi"p"rty would effectively make the Legal Non-Conforming Use unworkable as the area
to be too small. The 50; setback requ-ested is considered a middle ground where the
dorntv can obtain some larger setbacks from those currently required and the property
owner can maintain a workJble yard area. lt is staff's opinion that, since the yard may
continue to operate as a Legal Non-conforming use, permitting the use with the reduced
setbacks is working toward Lompliance and greater compatibility with adjacent uses'
C. Concealino and Screening
The proposed Contractors yard is to be located primarily outdoors with some storage
o""rrrini inside a proposed garage. The property has significant screening from many
public vantage points as a ,"s-rlt oi tne mature trees along cR 100 and the location of the
facility behind tne piimary dwelling unit. please see section 7-301.The Applicant has
repreiented the following regarding screening:
t7
The [Waiver] request on concealing and screening is in the interest of
maintaining id;h"racter of the area as it has stood for many years with
naturalr"gbirtion acting as the screening. lt has worked well and when the
yard is in a time of lower use, it looks like a pasture instead of a screened
contractors' Yard...
The use of shop/garage will screen and conceal a significant portion of legal
nonconforminj ,it". !it" has excellent natural screening from vegetation
and trees. Years of use has shown the current condition to work well to
conceal and screen in a naturalway without the use of less attractive plastic
screens.
Based on the representations by the Applicant and site visits by the property, it is staffs
opinion that a waiver from fencing or'other full perimeter screening is appropriate and
meets the requirements in Section 4-118'
D. Storinq
The storage use will be a minimum of 50 feet from the property line should a waiver from
the 100 foot setOacf
-be
approved. No hazardous or petroleum ryglucts have been
,"prerented to be stored on the property. staff recommends the following conditions
related to the storage standards.
- Materials should be stored on the property in a form or manner that will not be
transferreO otf in" property by any reasona-bly foreseeable natural cause or force'
- All products shall be sioreb in compliance with_all national, State, and local codes'
- All storage should be a minimum of 50 feet from an adjacent property line and
remainwithintheidentifiedContractorsYardarea.- Any petroleum and hazardous products should be stored in an impervious spill
containment area(s).
E. lndustrialWastes
No industrial wastes are proposed to be stored at this facility. lt is recommended that a
condition of approval be addbd requiring adherence to this Code standard'
F. Noise
Noise generation will need to comply with State.regulations. Should future violations be
noted the Applicant shall be required to achieve compliance through mitigation or
operationat cnang;s 1is. nours of operation,.types of contractor uses)' The Applicant has
stated that the use will conform to State noise standards. lt is understood that the only
noise generation will be through motor vehicles'
18
G. Ground Vibration
No ground vibration is expected outside that created by motor vehicles.
re"oirmended that a condition of approval be added requiring adherence to this
standard.
H. Hours of OPeration
The Code requires that "Any activity that will generate noise, odors, or glare U"yol-O [9
property boundaries will be conducted betwLen the hours of 7.00 AM and 7.00 PM
'lrfo|Or, through Saturday, or as approved by _th-e decision-making authority'" The
applicaht nas [ropo."O ,or" restrictive hours of 7.00 AM to 7.00 PM Monday through
fribay. Staff suggests this be a condition of approval'
l. lnterference. Nuisance. or Hazard
The Appticant has represented that the use will conform to the standards for interference,
nuisance and hazard's. Staff recommends a condition of approval requiring adherence to
this standard. The standards from the LUDC are as follows.
Every use shall be so operated that it does not emit heat, glare, radiation,
or fumes that substaniially interfere with the existing use of adjoining
properg or that constitutes a public nuisance or hazard. Flaring of gases,
aircraft warning signal, and reflective painting of storage tanks, or other
legal requirem6ntJ for safety or air pollution control measures, shall be
exempted from this Provision.
VI. SUPPLEMENTAL SUBMITTALS
No supplemental materials were submitted after the application was deemed technically
complete.
SUGGESTED FINDINGS
That proper public notice was provided as required for the Director's Decision
That the Application does adequately meet the requirements of the Land Use and
Development Code of 2013, as amended, with approval of the following Waivers:
Section l-1001(B) - Setbacks, Section 7-1001(C) - Concealing and Screening,
and Section 7-1001(DX3) - Storing Setbacks'
That the application is in general conformance with the 2030 Comprehensive Plan,
as amended.
It is
Code
VII.
1.
2.
3,
t9
VIII. RECOMMENDATION
Staff recommends a finding that, with the recommended conditions and aforementioned
Waivers, the proposed -Contractors Yard, Small is in conformance with the
comprenensive pran of 2030 as weil as the Land Use and Development code. staff,
therefore, recommends approval with conditions for the Funsten Contractors Yard, Small
application.
Suggested Conditions of APProval
1. The Applicant shall obtain a driveway permit from Road and Bridge and construct
any required improvements prior to issuance of the Land Use Change Permit'
Demonstration that the driveway permit was issued and all required improvements
have been completed shall
-be
submitted to the Community Development
Department prior io issuance of the Land Use Change Permit.
General Gonditions
2. All representations of the Applicant contained in the application including the site
plan and overall dimensions of the contractor's yard shall be.considered conditions
of approval unless specifically modified by the Director Decision.
3. That the operation of the contractor's yard shall be done in accordance with all
applicable Federal, State, and localregulations governing the operation of this type
oi iacility including, but not limited to, fuel and hazardous materials storage.
4. All activity and structures associate with the Contractors Yard, with exception to
the access road, shall be contained within the area identified on the Site Plan and
be at least 50 feet back from all property lines. The required 50' setback shall only
apply to the area identified in the site plan to be used as the Contractor's Yard.
Standard County setbacks for the underlying zone district shall apply to all other
uses outside the Contractors Yard area and not associated with the Contractors
Yard use.
5. All indoor storage areas, covered parking, and garages associated with the
Contractors yard use must comply with all applicable building code requirements
and be located within the area iOentitieO on the Site Plan for the Contractors Yard
and be at least 50 feet back from all property lines'
6. The access roads from CR 100 shall be maintained to the standards outlined in
Section 7-107.
7. No employees or other personnel shall be stationed onsite'
20
8.
I
All lighting shall be the minimum necessary and shall comply with section 7-304
of the Land Use and Development Code including and shall down casted, shielded,
and directed inward toward the interior of the site'
The operator acknowledges that Garfield County has the following standards for
lndustrial Uses as desciibed in Section 7-1001 and as outlined or otherwise
modified below:
a. Materiats shall be stored on the property in a form or manner that will not
be transferred off the propefi by any reasonably foreseeable natural cause
or force.
b. All products shall be stored in compliance with all national, State, and local
codes.
c. petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
d. All industrial wastes shall be disposed of in a manner consistent with
Federal and State statutes and requirements of CDPHE. Flammable or
explosive solids or gases and other hazardous materials including wastes
shall be stored accolding to the manufacturer's standards and shallcomply
with the national, State, and local fire codes and written recommendations
from the appropriate local fire protection district'
e. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12,
Title 25.
f . Every use shall be operated so that the ground vibration inherently and
recuirently generated is not perceptible without instruments at any point of
any boundary line of the ProPertY.
g. Any activity that will generate noise, odors, or glare beyond the property- boundaries shall be conducted between the hours of 7:00 a.m. to 7:00 p.m'
MondaY through FridaY.
h. Every use shall be so operated that it does not emit heat, glare, radiation,
or fumes that substaniiatty interfere with the existing use of adjoining
property or that constitutes a public nuisance or hazard. Flaring of gases,
aircraft-warning signal, and reflective painting of storage tanks, or other
legal requiremEntJ for safety or air pollution control measures, shall be
exempted from this Provision.
21
Gurfield CounU
PUBUC HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
d My apptication required written/mailed notice to adJacent propertY owners and mineral
frfu^ttv ,$
n All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
owners."V-'-',*r,,ed
notice was completed on the 6*h0", o'
V All owners of mineral interest in the subject property were identified through. records in
the Clerk and Recorder o1 Assessor, or through other means ttifl f\APErtA L 5-CLEnn - {A5EY Lawf,rf tf. lne FrrNu
tr
tr
' Please attach proof of certified, return receipt requested mailed notice'
My application required Published notice'
Notice was Published on the daY of
. Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice'
Notice was Posted on the daY of
20
20
Notice was posted so that at least one sign faced each adjacent road right of way
generally used bY the Public.
I testify that the above information is true and accurate'
FUr' STEN
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EXHIBIT
7
From:
Sent:
To:
Cc:
Subject:
Michael Prehm
Wednesday, January 10, 2018 8:45 AM
David Pesnichak
Dale Stephens; Dan Goin; Rayjean Roman
Funsten Contractors Yard (Referral Request)
David,
The proposed Funsten contractors yard at 3627 county Road 100, File #GAPA-12-L7--860L, will be using the existing
driveway. If approved a Driveway permit *irr G required from Garfield county Road & Bridge. Garfield county Road &
Bridge have no other concerns with this applications'
Mike Prehm
Garfield County Road & Bridge
Project Foreman
(97o) 625-8601 office
(970) 625-8627 Fax.
From:
Sent:
To:
Subject:
P 970.683.6284 I F
222 Sorfih 6th Street,
970.683.6290
Room 100, Grand Junction, CO 81501
Roussin - CDOT, Daniel <daniel.roussin@state.co'us>
Friday, January 05, 2018 5:00 PM
David Pesnichak
Re: Funsten Contractors Yard, Small - Referral Request
David - I no comments on this use. This use appea.rs to be existing and it is unlikely there wouldbe a20%o
change in use. If you have any questions, please let me know.
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
daniet.rouSsin@state.co.us I www.codot.eov/ | www.cotrjp'orq
trtrtr.
on Fri, Jan 5, 2018 at 3:30 PM, David Pesnichak <dpesnichak@garfiel@ wrote:
Hello,
The Garfield County Community Development Department has received an application for an
Administrative Review Land Use Change Permit to allow a bontractor's Yard, Small. The Contractors Yard is
to be located on an approximately 3.99"acreparcel and is proposed to be un-staffed. Since the Yard is proposed
to be un-staffed, demonstration of legal and adequate water and wastewater is not required. The Contractors
yard is currently existing as a Legal Non-conforming Use that has been in place since before Garfield county
instituted zoning in l97Z.The purpose for this ..qrr".t is to legitimize the existing contractors Yard use by
obtaining a Land use change permit for a contrattor's Yard, small. The property is currently developed with
a single iu*ity dwelling rrit *d accessory dwelling unit (permitted in 2014). The property has access onto
courity Road jo0. The"property is currentiy served by an_owrS and onsite well. The current parcel is
identified as parcel Number 239l3l2OO0O4 and is identified as3627 County Road 100, Carbondale, CO
1
E
pIf," ( i; iT' i 'i--.J GARFIELO COUNTY
PL-ANNIHG OEPARTMENT
Nrrvei*,er 25, 1:1'97
Sinc€relyi
r.o* :nd Se]*ae l,rn Troxei
362? Co" RC- 1S0
Carbcndal*, .m' 8:"6:.3
itea{ .l'u. anC'l,1rs. trcxef :
Bnclosed is a slip-rLated irr:t.ion ancl crder for ,lisinissal tribhoi:r prejuiica
*irt .reqdrd: 'to :caae'trhi' 8'?cxr269*3, Districu Coulti Garfield couftEy,
irirrua"]lipf*is*'r*ad thl.iiocurrrbnd rcarefiilly' and 'si$n and ' returr it te
.f,.. - ....1i ,.1,.-. ; -,
Lhls, oftlce.
ihi*r docrr.'nena is i:eing offereC in recognitior: - of the &pp6rene reliance on
i;;; #;i, on''Sj3rSm*n[b drbm'certal"ri''pb]ic' off iciais and repre'$e*tativi:s
ir.r the a*';efopneriii-lflf'oo" proIxrt-y''to darb.i fn essencer'Lhd:,,uss ; ycu
nu"n--pr*enti *n :'our-prcperuy r't.11 be ccnsidered non-corifornirig uses.
y* *y coatinire to uie thl property in rhe iranner ncted in yo'.tr ftFtsrber
iil iga: Ietier, but 1'ou. cannot' e4rand the non-ccnforninq. *sq, 1,re
;jCr;i#,*oi*l*l s'eriesr'if i'ental st,rrege unils uould ixi classif iea..-: as -an-')
;;p-;.;;- -or -.mu--ncn*e*nrorr,*j-nir usi. ' tnere are no ''prclvisi'bns for
x:'rm:t,lin,; t:is tl,s cf u$s in lrre A/RIE! zcile disLrict' ss it rs rlot
e";;i;t; ior: the ci"ry lo l-egalr:/ auth"]rlae'yaur iron<rse'1 ..'-t-'
If 1/ou i,av'e any quesLisns Or CDncerns at'Out this iesu*, f*el frrse ro cali
or irice Lcr tllis off i-ce aL :'ciir ccnvenience"
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ATTA t l'J {h#,/J T il 0 t)
-spE. 14! 1987
$r Hark L. !aa:
109 8th sr.
Suile 3[
Glenuood SPrLnE,s, Co 81601
$el Pre-existin{,, Non-co'r'rformLng usg of frr(}perty
legally described in acractunent "A".
Dear llark,
lhls letteT i8', as Per your rBquest at our meeting on rhe afternoon
of $epr 1L, 1987.
ycrr lndicated tbat t}ie leUfer shouLd,state Lfie reassns and inciqenii
tbat 1 believe glve ny rife and f a .J.ega1 pre-exietiag *crr-cmfotmrrig status
Hirh r€gaf,d to the prop€rty ltsted trl aEtachxtrenu A. Thank you for this
opporrrmltY.
0.urs lras the ftrrst r.ridergrsuErd *cmsfrseti-trr Bgltpeny Lo be called Llpcn
to h€lp staEr the io*rr of Va!.l Colorado, East VaiL,.Btr6horn oubdivLsltr,
and He*t yai.L. I{e nere aleo i.nstrwr€ntsal , duri$g the buildirrg of DilLolr
geservoir, in rnoulng and retr+eatltg, uhe tallns of DilLrrn and Friseo Co1 orado.
I sgarted l11 the wrdergrand csr*tluctisn business in 19*6 aE f,he age of 15,
and have been actlve il it for 41 years'
Duririg our stay ln Yai.l , I sioply greu too fast. I had machinery working
isr 5 count!"cs. It beca$e appar*nt, because're rere having cifficuLty collect*
ing acccuat$ rece$.Yab1es, that ve lrere not mahtng a profit, So in f966-67
r,e s*1d otrr equl;meot tr.E YalI , ri.gned a fro ccr[petiEian a6r:eemerrt, paid aII or'-tr
bill.e *nd noved Lo the Eoaring; Fork Ya1ley.
14iEtl ey ulf€r Ann, and our four chlldren I leaaed a hrrune aL Rt. L Bpx
L12*8, Carbsrdale, lpprax.1* n1les East of Catherlng cgl:prer an Hwy 82, I
again started pr.rrchaaing equtpncnt f0:: tfiy e6r$tructimr fin*. Ssneti-se i-n
tiOS Serfield Cowrty:rceLved a ccrrplalnt about ny equipment being ursithtly.
Ihe cwplal*A eape fr* a cloee netglbor, Xr Hahe. A genuleinan fnsn Garfield
Cotrnty lnrpeetcd my loeafirr snd asked ILe to move tL ssnerlhere tlse. l{hiie
I l{as canfemplatin6, that arrd aboqrt a nqrth lateT, the san frcrn GarfieLd coltrrty
and the C*ibcrrdale schsol pri:rcipal , tfr P+rker, and a ean f,rcrn the Colo. State
highuay depattraenr sa&€ to my hute, ltrey sald thaE if I u<iuld build an atree
fo.,r tfrl C*ifOndate sehool. brrs to turn aroufid tin. front of my house) Efley Hould
allox ure to leave rny equipneflf, rher€- I bui-lr rhe bus turn around, gladlr",
a.nd the school bu* sti],l' uses if .
Aboug 2 yeara 1ater, 6amet.i{ne irr 1971 , anoEhef neighbor becanre irrltaEed
becagse I *gluidp't. plftt snilu frtrn hls rqad at rro cost. blr trrlhoff ccmplained
ta the Cor.gIE1r ebsut By equlpueni. The cor:nty s€tlt a repre$entative cruf and
he *ald I emrldn.t stoae ey equips&ettt therc. So, ne sL&rted loOting for a
Fl*ce to llv'a that na *atlld a 'So lcrsl our esrstrt!{}titn buslness fr@. Ir Loc*(
irs abour a Jregr, but rle ftnal.ly fotrtd our presetrt hcne at 3527 Co. Rd. LOO.
At that tbe *be eddr€E*er tlere all rrrral tout€ nrabers. I{herr the Postal
s*r1.ic* glarged Eo a bouse..nunberiag sy$te, they decigflaEed sur cfiqmerci"al
1ot at 3571 Rd 1OO and otrr hcrne 8t''3627 Rd I'00'
2- Hark fie*n
$reezy and Hary Lou Zord.el had rtris property for sale,, and because of,
preseilg needa, effered to lonar the Frlee if'I could s*i'ng the do*tr palment'
Hr Erni"e Gerbaz rlth the Iirer !{afional bank, rI&3 the gecrt-Ieman r.rt} r+orir-*el r,rit}r
in purchartnB equi.pm€rtt for the c(mpany. lle re-flnance<l ssne of cur heary
eq.rip*rrt alld ffiade iL pssci,tl:.e" l{o$cver, befere lle ueuld sign El"re purchase
doo,u*enfs vc santed assura:lqs that ],eould etrrduct rny business, utrlch h]'this
time xas,several businesses, frtrq this pxoperry. Breezy sald he ri'+s poslEive
iL yas O. K. buE he xould checlc rrlEh pur eorllrty cormissi<"rier, llr Busby. I
would ctreek rith the buildlng departrnenL'
Both respaoses vere positive. Csrunissicner Busby said that Garfield
Csurrry Llauldnnt restrief, rey ccnffiercial ust becau6e Lhe adjoining properti' :nri
other property 1$ the same 1oca1e vere also bein6 userl in a li'ke nranner' The
Garfield Cmrnty building dept. f"old me that as soon as Lhe ner+ 4 lane hiBrxay
61", Aa) uae eouplefe rhrough Eh1" area, ir, *as very p'obable tlrac I "rould be
ronla crrsmere lal an.yrr*y. Whether J *ranEed it or nr:f,'
5o, vlrh lhar I believed t$ bc Carf lc;ld f,or-urrt'y's approval ' I hou6hc :'1e
prspert),, raoved lsto the ?r+use and novrd .ry \1qu1gxrent o{1 to trte lo',ier I 3crrs.
Arrach&e&c -tr' l* the pl*E of rhe properEy as tlelivered Eo ne {xr }ov L,
tg7?, be*ri-ng Ehe dats$ of, Nov & asrd Xov ?3, 19?0. tr rras r-srder fhe illipEEbsicrr
ehar I rra* puncha*l*g ? - tl.o acre lot.s, $*r, I tluilE trhe acce56 ro;rd as r1e5*
cribed ctrrcu6;!: the reslclential 2 acres lnto the ccrmnercial Z acres '
tr l"rarl beaa buftrr& and sslllng vehicle* and equipnrent for several years,
so I applied to tlre Ce*orad* DEalers Board, aad beearae licensed as thurtder 3l';er
Truck nn* fquip, Co {a dealershi.p}. nurin6 Lhe flrst year,':f opereEicrt r'te
d*ve1 oped crt ihi.e F{$p€rry Eire foItroving cypes of, busifiesse$;
1 . Ccnstrucf lsr c(BPanY
?. Colorado neLail & ubslesalE dealerahip"
3. Truckilrg, caltpa$Y.
4. t{eehanica}- rePair ohoP'
5 . !rle]-di:tg,, fabricaci-aB & mach ine shop '
S. $t*rage yard (borh i'rrsld* & *ursitle)
?. ImPowrd, 1ot
I " 81as t i:r& qelf rac ror .
9. f,r;utpmenl ea1es, ra$?-&1 & r(rp;ri-t'"'
1O " Snov refiIorral cffrpanY.
lI. Toutng & wrecker service '
tr roet Butl t{tr}ner shortly afrer *e moved in. I asked hi]n if I could build a
buil_dlng cxl xhe !or*r 2 acrc$ go I c(ruld Hsrk cn equiprrent ouf sf rhe snoli 6 nild '
Xe satd tc brtng, hi.m a cogy of the p1-aris fcr approval. and I coul"d truiid, iu, ie,sed
trr Lhat Esspsn$a, I bought-e bulldi-ng frm Harriscrr-I{estern, thei:: shop ac Netrle'
I ras aheir c}*alrrrp cclEract,of a$d I pa.td Ehexr $6,000.00, ia work performed, i-ol
Lhein LOO, X 60, b;llding. Ir sosr apFrox. $7,OOO"0O to disrnanLle and sLaek it on
patrletr, In the ueanElma I had prepared the footln8e and asked sud to inspect
thcre" l{if,hfflt any soils testsr Sud turned, Ehes dor*n. ite said I';ou1d have tc:
reBslre all th* "dl-t *,det Lhe footinp,s and bring in carpactatrle mntelial and cLrna''j':
rr g5I p.8,, I slarled rhe.excavaEicrt anrl for]nd Lhs unacceptable rrarerial. ';enr
,jr.r.*tr 15 " " U*ing tlre dlreetlmr given by f;arf iel',-1 f,r--:u|ri-"/, I €xsavt*r-e"ji at'1 rlea
1l*$ark $ean
20oft.lcrtgxl00fr,uideXlSfr.6eepfflihepropertyi"nquestica.Asi
E€:mov€d Ehe maferial , I lraporred g,oo'd ccr'rpaeLable-maEerial ' x' hauled ancl placeC
over ?2,000 yards to acecrnodafe gIA, Ihen, Hhen I went to l*orri'e [o g€l my buriC-
i,,6 lf $as 6Cr,;. Harrlsdn-Hesrern 1ur{.ormed me rhat Ehe fc'r€st ljervice hrad a
deadli.rre' so they to* lt to Sotrth Dakota for arroEher job. And sinre rry b:11 fc:
vork had been nnarked p*id, I dld not &et m,- i:loney baek '
In rhe &€a$LirBa, &pprslr 1974, tsud tame to ny offiee (d1 the property) a-tci
sald thar sfrn€crle drlving dowr hlghway 82 had-ccnrplained about the looits of my
fotrr 500 ga1 . fary fuel ranks. H; first asked me Lo hide f,hem frern,iev frcnr
hr^ry 8?. lloueverrlt-*""n Locattrcrr extsts, so Bud [hen Eold 'lre he r''rrulc! really
llhe if, if Ehe guei tanxs r,ere uurtea. r rold him that was ir,rpossihle' Tlie r'anks
I had were no; a*sigo*a for burial . They vould' juar rot flLtg' tte asked n* Eo thl;ir"-
ab*ur ir, r dld" !{y fuel supptier told me that if I xculd br'iry $,000 BaI ce'nks 'r:
larger, he cauls d;; a ccnpflce Earher, so he eould sell ne tuel for' Ltss ' I t'ou1 i
flot hav€ Ccfisioererl it juet io Bet a lower price' honever' C':rfield {oiirrtl";-anEed
,oe Eo euxe Elre ccnplal*E problur so tr epent irr excess of $2c,otJ0'00 uo rr:stall
ruo 8,000 gal Aiesef task; and *re 10'0OO ga1 gas tartk' Along rith a cericrete
leianrl , nev r{-rny$r 6Uard posts and trndeqgror$rd elecLric' $rl<! even senr a man out
!o insPccc mY lnstalLatlsr'
As }-el$, a$tlry fucl t,as above grorxrd } i,1d,a problesr uith gas bei-rr8 Stc,li?.:l
fairly easitry. o[o* I put in the Inroetgr6t"rC ta:r,ts ' I had "peop.e" siphoni;ig
fueL r:r.rr, of my "q;i;;;. r rrtea pr.rri*g txr tr1,eki:r& gas caps but they jusl r-or:h
a ha&mer a:rO ueai tirem off' So, trlrlnB ra 8ef, pciice protecfi(xl and failinS' I
decided Eo puE up an 8'htgh ***,rtify-fence. I uetrt to Bud a5'airr and asked h.,o if
I needed a permil t(} bulld ttre fenee-' He sald I6idn'l' $6 I prtceedett to::lstail
lL. Tlre fence cosr xc jrrac ehoru of $20 '0OO 'o{J '
I ha.d ts bxl;}g l,rr electrlcal pouer t{} opereLe the fuel punrps and the ne;
rra[er *e1l thai uza adjudlqag*<l ]"n 1"975 (approx), I also graveled rhe entiIe:"]t
but ttre grave3. lteeps ui"kLrl5, so I've '1{fiq Ehar 3 or 4 rir*es '
Thesmall&are8,ersriEh€XisLsinf,heNorrh*estcornerr"'i!sapplovediril9T0
f,or csrsEruetlen aL the a&rce tfuee as Ehe permir nas issued to builri rhe house '
llre other large &eEal building xaE the tesull of a raEhel unu'sual cirer'xnslancE'
As I have *xpl*G** an pa8€ 2, {"te of lhe firsc thijtgs I did afcer buyir'g Che
prllperr.y wi!,s ro ask Bud Mllner abour putcing r'ry1 a buil-cing" Irt tir* ccurse ot
ab;;qb !:hree y*ot*-f "p*t {sr lost) 'tpoo* $25'*00'OO trying t'r 6*:" the btrllding
rlrac I so desperalelf needed. Scceeirne i-rt L9?5 I uaE drlving pesf ite:{' CGf,fman's
ptace *n Boad t&-;; h* r6s bulleli.ng drs; lookeC liJre a sreall shclp" l agi<ed hi::
hou he xas doitg Ehat uiEbot,f, a btrilding permit. He sai'd he didn'f, reed orrc Ic
bui-l-4 a bern. f igairl r*erC ro Dud- I totd httn I reaLly needed a truilding for
aly equlpaeat nee4s, Lhst e1r&l} a barr'r r*ouLd do. He rold lse rhat if a barn uould
cuffice, &o shea{ a*C bulld lt. Here I harl treea speadirrg Etrousands of dollars to
getp€Isissl{&E*buildast}opan.dBudiscelli-ngme,ifIeatr'liEabarnlcerr
buiIrJ ir -
$o I did. I bftght rhis bulldlng for $5,000-0o, pald appls( $7,000'00 ro
dlsr*antle !t and haul tt rD &y yard and appxrr(, $5r0oo.o0 co erect it ' carf ielil
coi-mry buildi-t5 aept. Lrspectad the foo[ilr8s and bearn erecticc-r and accepted iE'
Asfaraslkne$,evelythi-ngvaso,K.Iuseclf,hebuildlng,alcrrSr,lirhrheoEher
mal-Ier Uuildings ror ly buciness, a*d rrri[i.i ssmeooe rRade a ccr:lplaint abcuc iF*.
Bud rhstt **ar*i rrritina me treftere and I '';''rictrly learned Ehiit I uasrt't s"rpposed
ts rlse rhis buii*i"a f"i anythirrg rhaE wasn'L.$lra,l,r qr u$e'''! t-or iiie ili6pe::r:y'
I ryc,uld receive a rIai"r.oi oriiu Lo Gl'ert*c:r;d r'r fi-*d s'"rt t: r*n Errd'-haE' i;'-t's
4 -|{ark Beart
lrrcng" gud kne'l !&at l needed Ehe building for and I feel he should have rold;ne
of its lLnlLatitrrs befor* I r*ent to all the tlfie and financial- expense of pulEinB
ic up. Instead, after its erectlm, Bu<t infprmed rne [hat- I q-cu]dn't use it for
rhe ffrly purpose I trad for lt. Evarytlme he rec*ivcd a cmptiint, h€ Hrole m€ a
le;E*r eulfft6 ree to stOp usin6, the buildin&. And sr every occasion, I would
dri.ve te Glenssod, sit dorm vtrh him and ask him r&at he ilanLed me Eo do. 8ud
*ould ali*ays play Lt do*r arld te1l E,e nor to uorry about, r,he silly ccrnplainrs.
$*r Rou1 I have bean uslng the bulldi.ng for a Irfii-conforming, use for over 12 years
';ith Sarf ield CounEy '6 ktror.ledge and b1essi;rp, '
$n Npv 16, Xg82 I was tn jured qtr a Ctxrstructicn project Ln Aspcn. i"lolrr- .t
c.rnpactor r+ound up cir cop of ne and ron. It f,upruTecl 3 dlscs &rrd trrni.''::' nry -'ac!''
in i places. I had extensive back surgery. 1 recovered frcr: ttrt t-rf t'i.rt.iori f inr
bur in the healing pxocea$, &lr *plna1 area sYercalclfied anrl resulrc{tr i:i th')
trmdirtm T nmt ruffer frm. Sptnatr" irthriris. A$ a resulr pf Lhts I sl:arted
redu*in6 my lnve*rory of equi@erit ifl 1983, utrich LntensifieC lhe use of my
dea,ler$ I1ccfl6a. ev;n tra u€ dkpoaed of mqst of our heavy equipnent, Lre are still
uslng th* lot for all of thr aforeueatisred uaa$. ttre acelCEnt rras covexed 5y
ll*rXmen'* CcrrB*n*atlsrr so flnce ilfiY 16, 198? I have had no i'ncqte excepl: fot rhe
rnall **,pea*"ttrerr c}.echlr ayel,rlr 2 rreshs arrd rrtlat" llLrle ue recelve frcrn rrse of
o.,, paop*ity. Tlr* lacs of an:c nsr-cmf,oirt*ing ute st&aus *ould catlse a terriblc
fin*nclal h*rel*hip cl Nrtr rltfs *nd I.
tn 1gg3 v* drcXded ro oell fha e(Brne-rclal 2 aeEes to my sm Ba$dy- itis
lxtentlryt lja,s Lo bu1ld a hqrce xr if and cqttinue Ehe nqr'-ccrrformin8 use irr a
m1nlmtl way, He fl}ed for an exefiptlrxl uittr fiarfielrl County. Attactunent "C",
Ilhen ue appearea before the Ccmntsstffler$ (Ji;n Drinkhouse, Flavin CeriLse and Larry
ve1asqurui-*"d eve& Lho all nembcrs of thc board approved the exearpEictl, a
yor.&S 1ady frm plannlaC & Sming appearesl ar'ad gaid thar she spuld approY* Ehe
.xur,[rix,61ly lf n *ou1d. *tgrr a docr.merr. ildiearing I uould a]randon fty pre-exi-sii-trg
na*r-cc*f,orsrin6, use and reattre the propercy to its "orlg,inaln'c(Erdirisrr and use,
L vie.ued rh*L &s c&lr&ry plaxrlng black&ail. It xoutd cost us apFrox $100"000.Cti'
in prcperty devaluxalcn a,rd I'ppro6 tZ5rOOO,00 in ressorilli$n. Cl-early, f;arf ield
e*tlllEy knes a.&d aecapEad orrr rltnc{n{orelty et thaE ti.are and v&s using my request
for an €x,,nlppltrt, xhich f vaa 1e6al1y enritled Eo' ae induceutent- fat me ro give ui:
ruy nffi-celfoualrrg gse, *l6ulnLy becauae of the ss*t' and c€rcainly noL to bil
*rbstrinafc t.an+ard ttr€ ceroty, I refueed to slgn f,he doct*€ilt aad Carfield Cotrnry diC
not apprg1r" Nl1ts raqucft f,ffi axeryElffi, t&rlch 1 Etll 1 believe f aru eniitled Lo,
xirhaut emditicrs. (Befercnce 8? An Jur ld &178. aming and planrui:ls' X rr{li-}ctr!-
fcrmi.n6 &se6, paA* 684,685" IarE par*6,raph an& Ccrrflnueing i-t lsr paragraErh
page 686 ' &f,Eaclw€$t' tr. )
Ouring, su'n r*€et1j16, gt Sept LI, 1987 you 6taled Carfield Counfy's positic-}tl
as Ehisl
1. .1aeg r.:ur tlropergy r.lac ao{red agriculture prior to' our purcha$e in I97l a;l'l
Iherefor does r!o.t quallfy as a pre-exlsring no0-ccnformlng uae. Your lerter of
June 1g, lgBZ cle*rly speclfles Seec!.cr 3.O2 of rhe Garfield Crxlnty Zoning fies-
elueltrr of 1978 es aclsnded *nd $ecticm 30-?8*1 ?c (a)-(e) CES *s a:nenderf . Please
note that Eho the aneodlaents abpve vere drafted in 1978, Ehey '"rere ilot enactec ar:d
adopied untll JanuarY Z, l?79'
In ansner ' 0tif Posiulcn le ;
30-AB*}ZO (L) CBS (prtactrmenr E) i"ndicaLes; &e l-avfu]' use of a buildin8
$r sEr$frutre gr Ehe l*I{fx1 use of ary trand, ap existlng and lasful at the tinle of
[ha adapEiqr sf a emi.n6, resoluLtryr os, ln the ease of an graFndment of a.reso-
xuEigr, #jtpe tlf, s{4-gqqn8€nt:may be ccntinued, attho such use dcrs nor
cqnf orm *ittt ttr (und*rl ining a6ded)
S-Mark Bea:r
1.
du
EO
Ln Looklng at sur deed of ttust yoLt will
nof believe if cc{lsElEutlanal to enf'lrct a
"f,uogu
a cffidition *lich exi*f,ed in [972 '
?.lhat.,ifi.nce*6eheseexistedazrrrri:tsregulaEiorri'ni!}?It,haEpro}:ibiEe{r,:s
fron urin6 fhe Frgpr'rt,]r fsr Etrose purposes rhat we eft8a$li{l- lrr, Garfie!.d,.:ounr-y
nog qnly knex uf fhe pr0Pert}r's User but- erlc{f,uraB,ed' insp+cled and approved f,lie
properry and aLl;; i;;- crr satcl properry for lts norr-c'nforrni:rg use. lle
beLleve uh*t by fie actlms, Garfietd county accepted and aPproved ouyi.'roperE:r'
for lcs na-ccrfO::mln& uee in L972-73 ' And relying on fh*E accepf,ance *nd aIrprr:va'i
Lh& ?rl}(els 1$v€3te* suna of nsrqy excueding $L25,*0() 'o$ tn Promote rheir
nsr-cexrf'oruri-ng uses st the properry '
A6atnlapopaglteHatkfornorbeingherero]:edptrldEoy0utleLtertlaued
J*rre 18, LgS?. aui as I told youn fhe deat'n of ny Hot'her in t'tay' the dtarh of
xy l{ife,s }isrher i* Ju1y, the buxtal sxfiur8ements and settlilS of Lheir esrate-s'
f,he g,1,aduaci-o 1 of ay ani.y da113lter fr<rn cal"lege ln ?clcacello' Idaho kept ms i'ug'-r
frcm thls *rea trir- ut.^rr-31 16inerre rhis srm&ei. By the ri-rrre r actually vieued
y$tr letter in early Augudtr yaur SO day de*dltne had ltxrg since pasf anul sl"ltc*
n9 aetttrt had been i,axen, I accepted youn letrer of a like nature to rhe on€s
Bud l{j.j,ner us"d r.o oend, gllch tre *lr{ays ri*verl otf as trr-'inp- nc'rhiug' to uorry
ah$ut. By n0{ reep$ndi,6, I carr r:asily u$der$[arl.,i lrid ilCGeI][ t.he 3ctiC,,1 :3ken E,j,
fiarfieltlc*rrrty.&yhcpeooleis*i:npryf,tr'aIrl;r:fi':lilr-louirtyuill;gr:c':pt.--{rrc
proo*"t :xly rl6fre L$ tlf c*exi'ef iny' ncm*f srrf o'r:n i F'," r:':'1 '
I recel"ved the s,.&,'opr and cmplairrE sr liept it, t9137 and musr ansu{'!: i'haE
$ism!trts ni"Chln t""Ofy-tZA) days, Eseause of the crxrstraint's place('l on c;t t'y
that, deadllne, f voula aak tlat you dlr*ct the Assisra,t County Atgorney' Mr
JaneE A, l€Uthaua€tr ta nllbdrau tbe susslal$ at' ctlis tj"IBe and'il the unlikely
svent l,c esrl*a! dtasolrrc thk {ue*ttar, reftle ehe c(InBlal:rt. as a }ast resorc'
trdonocvievlti,ntelltgcntorproducrivetoliti6aEeju$tforchesakeoftlrlg,arle" Aad.l" Jtf,**"*,tha stsporrs doe& not prcjudlce ycmr rieft to re-
rrrctitute tltl&aiiCI& i"f all eke falls '
f in,X i[ dared ilov 1, 197]' l'le
aoning resolutiorr dated Jaa 2, 19iS
Tb;rtlk you f,or yanr tixe arrd patience '
HA}iD CIET.iVEhEII:
SirrcerelY,
lll lllr,rFllthtfj'FilrlJl+I Ht lillt Hr'l l'ltf h*] qrl"+' I I I I
F?:i?lfliiig,ffi 38""',F*, t I EE' a3R, r EL D co,Nry co
LAND USE CHANGE PERMIT
for
A 3.994 Acre Parcelof Land owned by Jameg Funstgn Located Approximgtely
4 Mites East of thi io*n of Carbondile off County Road 1a0, Known as 3627
c,i,ty a*d 1oo, ,^t!Slfn:;ll";::S:1"[#:;X,ri7 south, Ranse 87
(Assessor's Parcel No. 2391 -31 2'00-004)
ln accordance with and pursuant to provisions of 1!r9 Garfield county Land Use and
Development Code,l. Jr"noed, the following activity is hereby authorized by Land
Use Change Permit:
An Access ory Dwetling t)nitas shown on the site Ptan Attached as Exhibit "A"
(GAPA-78e7)
This Land Use change permit is issued subject to the conditions contained in the
Resolution of npprovaT ig*f,init B) and shall be valid only dulnq cornpliance with such
conditions ano otnei jpplicabl"'pr*irions of the Garfield county Land Use and
Development CoOe, as amendeO, buifiing 9od", and other regulations of the Board of
County Commissioners of Garfietd County, Colorado'
D COUNTY BOARD OF
COMMISSIONERS,
ATTEST:
ffi.1.p"\a a'aai SEAE Ilaaaataaoa
-tt.- - at'
$i';iI6q
tA$-
Page 1 of 4
lil ]l,lrr li.Llr',lFr{l UilI HII lfil { t IHI Hl I Ll J, l.rl, Il 1l I
Reception$: a5.274O
08/1S/2014 10:33.s4 AI,l J€an Alb.rico2 ol 4 Rea Fee:90.00 Doc Fee:O.@O GARFIELD COUNTY CO
Exhibit A
(Project Site Plan)
{ t- -t --1-
i ,4, a,/9!;t.ttmor I! / */_ -.- / -----.::(::-;./ 7- ---1--4II
- u -f-*1c>l
\--j2__1_
?//;/=1t)li
i! Itl/l
/ \/
/(r'//t\,'' /l /,./;l1//.
___i_-/
-"- \ ( \-r\
Page 2 of 4
] l l HLEIil'}I#H ltl|jl tll l.hlflld ll'tlfl } r#.11 t'h[fl, l ll l
["TE?]8'iIii"8.8ur'#38".'F!!'SIBS"iEF"ELDcouNrYc0
Exhibit B
Conditions of APProval
AII representation of the Applicant contained in the application shall. be
considered conditions of approval unless specifically modified by the Board of
County Commissioners.
The Applicant shall comply with Additional Standards for Residential uses
contai;a in Section 7-7Oi of *r" Land Use and Development Code of 2013' as
amended.
The Floor Area for the Accessory Dwelling unit shall not exceed 3,000 square
feot.
The ADU shall be required to meet all Garlield County Building Code
n"qrir*"rrts including but not limited to additions necessary to meet minilum
size requirements and p-otentiai upgradi_ng of thebuildqs foyldation' At the time
of building permit appiication thJ Applicaut shall comply with all standard county
;"q.i;;;ts incfuaing erosion and sediment control during construction'
The Applicant shall maintain conformance with all requirements and conditions
with the well pennits for the property'
The Applicant shall obtain an Onsite Wastewater Treatment Sptem (OWTS)
p".-i ittough the Garfield County Building Dqrartment prior to installation'
The Applicant shall obtain an access permit for the southernmost access to the
propoty onto CR 100 from the Garfield County Road and Bridge Department
ft;i; issuance of a building permit for the Accessory Dwelling Unit and the
access shall be brought up tJcunent standards. Per Garfield County Road and
Bridge comments, ttri apptica"t shall.only keep the current southernmost access
p"i"iop* and the other iwo access points to CR 100 are to be gated.
8. Should the existing foundation on the property be used for the Accrssory
O*"Ui"g Unit, the s]truch*al integrity and the ability of that foundation to support
L, n*ifng Unit shall be verified at the time ofbuildingpermit.
g. The Garfield county community vfildfire Protection Plan (CWPP) identifies the
property ^ 'V"ty ffig!" wildland fire susceptibility. As a result, the Applicant
shall maintain a defetrsible area around the Accessory Dwelling Unil. In additi.on,
the roof of the e..t*oty Dwetling Unit shall be made of a noncombustible
material as required in the Land use and Development code.
Page 3 of 4
t.
n
3.
4.
5.
6.
7.
il ll tl[r g rtl lt'j r ltil{,1# l', I I il' h { Ir ll ll llJliltJ t} t r I"'i I I I I I
Receotion#: 852740
t'IEl'g:3 l:i13.i?3ooB".'Fl!, 81ffi "iffir,ELD couNry co
10. The Applicant will conduct ongoing weed management on their property tn
accordance witrr carnetd County;s Noxious Weed regulations. The Applicant is
encouraged to utilize resources from the Garfield County Vegetation Managers
Office to mitigate weed imPacts.
Conditions Prior to Land Use Change Permit
1 1. Prior to issuance of the Land Use Change Perrnit, the Applicant shallprovif an
itemized breakdown of how the driveway conforms to Table 7-1A7, such as
easements, surface width, and ditches. should a non-conformity be identified, the
documentation shall be ieferred to the Garfield County Contract Engineer -for
adrlitional *ui"*. Ly non-conforming dimensions would need to be rectified
prior to issuance of the Land Use Change Permit'
12. Prior to issuance of the Land use change Permit, the Applicant shall provide a
map and inventory of all state and locallylisted noxious weeds on the property' In
addition, tfre eppfic*t tt uU provide a management plan for the identified
noxious weeds. 'i'tre inventory, map and plan shail be reviewed and accepted by
tbe Garfield County Vegetation Manager'
Page 4 of 4
EXHIBIT
II
CommunitY DeveloPment
108 8th Street. Suite 40 t , Ctenrvood Springs, CO 8 I 601
OI fice: 970-945-8212 Fax: 970-384-3470
January 16,2018
Notes for James Funsten, 3627 CR 100 carbondale, co 81623 Parcel # 239131200004
Site drive by occurre d on 11912018. At this time I compared the current condition to the photos
that we have on file and determined that the site is still being used for the same uses as was
previously deemed as "legal non-conforming" use that has been ongoing for many years' No
violations are Present.
Wade Patton
Code Enforcement Officer
Garfield County Community Development
Garfield County Administration Building
108 8th Street, Suite 401
Glenwood Springs, CO. 81601
970-945-1377 x 1530
Garfield CountY
IDa
EXHIBIT
.! *>
January 16,7418
David Pesnichak
Senior Ptanner
Garfietd County Community Devetopment Department
108 8th Street
Gtenwood Springs, CO 81601
RE: Funsten Contractor's Yard
Dear Mr. Pesnichak,
cotorado Parks and witdtife (cPW) staff has reviewed the apptication fo-r.the proposed
land use change permit tocaied at3677 County Road 100 and have the fottowing
comments 1egirOing witdtife. The project occurs.in. an atready highty disturbed area
where impacis to w'ildtife and witdtife habitats witt be minimat'
Based on the proposed action, CPW does not have any recommendations but
ippreciates the opportunity to comment. lf there are any que-stions 99.L'l hesitate to
ibntu.t Land Use Speciatisf, Taytor Etm, at {97q 947'2971 or District Witdtife
Manager, Matt Yamashita, at (970) 947-2931'
'-4-
Witt, ay{w rdtife Manager
AffiI COLORADO
Parks and Wildlife
Departrnent, of Natural Resources
Gtenwood SPrings Area 0ffice
0088 Wildtife WaY
Gtenwood Springs, C0 81601
Malt Yamashita, District Witdtife Manager
Taytor Elm, Land Use SPeciatist
Fite
B{b D' BmstEi4 Ditru, Cohrrdo hl|(s ard wildlift . Perkl rnd Wildlift Comission. Robcn W- Bny . oris Cestiliarr' Clsb o Jcore Hqrr' Vhe{luil
Joln Howud e Bill Kar: .-oJ rizr . lmcs muy! sccretary o Jorrs Vigil . Dem wiDtftld . Mi*:llc zjnnrrrnn o Aler Zm
Cc:
.,oISq'o;
rtq
.1.' 'i.-'r
' *);rd:.
Sincerely,
Exxtgm
t-.
i-JDavid Pesnichak
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Bill Gavette < gavette@carbondalefire.org >
Thursday, January 18, 2018 8:00 PM
David Pesnichak
Funsten Small Contractors Yard GAPA-L2-17 -8601
FollowUp
Flagged
David,
I have reviewed the application for the Funsten small contractors Yard. I have no issues with the proposal.
Best,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.ca rbo nda I efi re. o rg
970-963-249L
FIRf, ' ET'S. RESCUE
Ef,,]lllrl I
t1
Gaffield Coun$
Vegetation Monugement
January 23,2018
DavU Pesnichak
Garfield County Community Development Department
RE: GAPA - 12'17{,601
Dear Dave,
I have no comments on this one.
Sincerely,
Garfield County Vegetation Manager
195 W. 14r! Streot Bldg' D' Sulte 310
Rif,e, co 81650 Phone: 970-9411-1377 x l|3oS moolte Phone: 970'3794456
.---G*>,ffi#q MOUNTAIN CROSS
ffi["S) ENcINEERINc, INc.
W ci'rit and Envir,n*entr,-ry
January 24,2018
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 40i
Glenwood Spr-ings, CO 81601
RE:Funsten Small Contractors Yard: GAPA-12-17-8601
Dezu'David:
This office has pedormed a review of the docunents provided fot the Funsten Srnall Contractors
yard. The submittal u,as found to be thorough and well organized. The review generated the
following comments:
l. The Applicant should provide more information on the size of the planned enclosure. If it will
be greaier than 10,000 sq. ft. than a dminage plan would be necessaty.
2. The Applicant should provide a copy of the driveway pennit once obtained.
Feel fi'ee to call if you have any questions or comments'
Chis Hale, PE
EXHIBIT
trIg
Sincerely, .; r
MountaiilCloss Engi neering,":n..l.,
?tloss
Engineertng.
i "{'l-'-' ' "' | -
''\ '
826 ''/z Grarr) Avenue, Glenwood Sg:rings, CO 81601
fr: 970.945.5 544 F: 97A,945.5558 vrrv'rw. mountaincross-eng'com
David Pesnichak
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
JAMES FUNSTEN <fundesign@msn.com >
Thursday, January 25,20L9 6:03 PM
David Pesnichak
Re: Contractors Yard - Engineer Comments
FollowUp
Flagged
Hello Dave,
Got engineers letter and all makes sense on my end. Building is 40 feet by 60 feet which makes 2400
square feet.
Thanks Jim Funsten
EXHIBITItt
Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood SPrings, CO 81601
Attn: Dave Pesnichak
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
January 23,2018
Hello Dave,
l,ve reviewed the application for the Funsten Small Contractor's Yard, and have minimal
comments from Public Health. A few things to note are:
- proper storm water management practices should be implemented during construction
and operation of the warehouse and other site uses. lt seems that the applicant has
adequatelY addressed this issue.
- lf the warehouse ever does become regularly staffed or a restroom is installed in the
warehouse, drinking water and wastewater treatment should meet Garfield County
standards.- Hazardous materials such as paints should be stored properly to prevent contamination
of the soil and groundwater. This property is within the Town of Carbondale's Source
Water Protection Area.
Thank you,
,t
i lt..t i ,,,t'
Morgan Hill
Environmental Health Specialist lll
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Garfield county Public Health Department - working to promote health and prevent disease
EXHIBITI
AIT/ dP{n€NT od't
Ihis doctltlEnt is belng offered in recognltlon--of-the apparent reliance on
l*ii ;;G,'dt"t6."t" froro certaLri prbuc' offlcial-s and representaEiygs
il--r,i," derrelqrtnt' of'1our ProPertf tCI daEb.'- Jn+$ertca, Ehe t,tses Ygtr
GARFIELI' COUNTY
PLANNING DEPARTHEHT
Novesber ?5, l9B7
Ron and Sel-rB ArtJI Troxel
3527 6. Rd. 100
Carbondale, CO 81523
Dear !lr. and llrs. Troxel:
Enclosed is a stiprlafed nnEion and order for dtsruissa] uiLhout greiudrce
;irh i*etA:'Eo -Case ttc.'g?cv269-3, DisErlct &urE, Garfield counEy,
Ooior'"a".';jpfeio'iead Uib Oocur*:nc rcarefully ;and 'siin anil relurn it to
iriio-irsr.". t' t { 1 t'': ''i "
uses.
If yerr have ary questiocs or coaoerruI atilut thls 13sue, feel free to call
oi urite lo thls bfflce aE your cqtvenience'
sincerelY, , I-?Y?ad66'r'*-
lF f 'ltlil.i r{iii iri ;'
1
i,r t. l,l I
ll
.,*llu*,
, yli!,['rl
srBEEir.
'ilrlri'i,
From:
Scnt:
To:
Cc:
SubJect
Gale CarmoneY
WednesdaY, October26, 20113:47 PM
DavidWhite
Andv Schwatler Fd Jarman
RE: ioning cfrange tor 3827 CR 100
Hn. tfhite
sorry to hean about the shock. Not sure about the facts as you have stated but r*ould be grad
to try and address them-
First, thls property has not been rezoned. It is still zoned Bural as I believe youn pnoperty
is. Even in a Rurai'zonLng distnict a storage yard can be pennitted under the rlght
conditions. prenty of corfrerciar and industiiai uses have been peruitted ln the Rural zonlng
dlstrict.
Secondly, alL of the information I found on file for thi.s property indicates that the final
opinion by the p""uiorr Plannlng Directon found the property to be a legal non-conforning
use. I did not find anything in the file to suggest that the previous code enforcement
officer went any further in pursulng this aftei-received the same comespondence as r did'
There appears to u! ,--i"ni ttiitony Tor using the pnoperty as a storage yand' The legal non-
conforning status exists Intfl thl "use hal discontinued for an uninterrupted period of 1ix
(6) months o" *".r--"i-a nesuft of causes uithin the controt orf the proper{y oulner or their
agent....' (ULUR Section Lg-1:o6 A' 1')
I had requested that t4r. Funsten to pr-ovide prgof -that the stonage yard has been continuous
use since he purchased it from Troxeis. uhile he did agree to obtain this infornation he also
had hls attorney tt{r. Goluba contact me to dlscuss this lssue' It appears that }tr' Guloba had
addressed this sane issue rith the previous code enforcenent Per5on and the last
correspondence to that affect Has sometime in 2o09. As I'lr. Goluba pointed out the county has
no proof to counter l,lr. Funsten's c1aln that the Property has not been ln continuous use' I
believe this is a fair statenent. I uould have a irard time providing documentation that uould
stand up in a civil court case-
As I nentioned to your rrife, if the county t{eri 19 drlve by every reek. to check on the status
on inir property ii r*ould Ui a teaious ani probably an lnefficient task, but I can try to
nonitor this. If you would like to aisist the couniy in documenting any discontinuation of
the storage yard I would appreciate your efforts. Hi*e'er, as your nife stated' you are rell
aware that the p"op""ii-ii'Lsea for itorage during various tocal events, the X ganes ln
particular and you do not seem to have a [roblen *ittt tte property being used during those
events. rf He are to shor proof that the use has been dlscontlnued se cannot discount certain
events.
rf you haye inforrnation that r an not privy to or that would help substantlate your claln
that recent code enforcement has been rnore- successful in pursuing this natter, I nould be
very appreciative of your docunentation and support' Please let me know if we need to have a
meeting to dlscuss this or if thene maybe othens that would be useful to have at that
meeting.
Gale D. CarmoneY
6ARCO BIdg & Planning DePt.
970-945-8212
-- - - -Original l'{essage- - ---
F nom : DaiidWhite i mp.il lto : davidEavmd' c gmc agtb i z.' net I
1
fr4,0 ?t
Lrr,*oMay22,2OL2
Drew,
As best as I can determine, Marti Adolf & David White are the adiacent property owners to the subject
property currentty owned by Funsten (formerly owned by Troxell. They believe the uses on the Funsten
property are not legal non-conformities; rather, they raise the following five main points in their most
recent corresPondence:
1) There is no provision in the ULUR (Article 12-103(A)) that provides that the Enforcement officials
Can make a determination that a property's use is legal non-conforming'
Response: This section states that the Enforcement official is delegated the power to enforce all
provisions of the land use code. A determination can be made by the Enforcement 'official is so
delegated by the Direstor'
2l The county has not provided a Directors lnterpretation to be appealed' (The county has no form to
use to request an lnt€rPretation.
Response: sectlon 4-5O1(B) contains the submittal materials for an appeal' lf a pre'application
conference is desired, we can explain to Marti Adolf & David white what form can be used' This is not
an administrative hurdle.
3) The Adjacent property owner asserts that it is unusual for the lnterpretation to be delegated to the
Code Enforcement Office, even though lt is allowed by Code'
Response: As stated above, a determination can be made by the Enforcement Official is so delegated by
the Director.
4) lnstead of making ihe adjacent property owner appeal an Interpretation, the County should simply
enforce against the Subject property for the illegal uses'
Response: The letter that Mark Bean authore d an t!25187 still remains the counvs formal position as
it relates to uses conducted on the Funsten property'
S) Adjacent property owner will apply for an lnterpretation if the County so desires but all fues should
be waived.
Response: The County has a process for someone to appeal and administrative interpretation' A fee is
required.
Other Thoughts / Comments
1) Did Mark Bean, Director of the Building and Planning Department in 1987 have the legal authority to
render a determination of the "Troxel Propertl' as having legal non-conforming uses on
7112511987?
Response: The short answer is yes. Mark Bean was the Building Official at the time.
The County's Zoning Resolution of 1978, as amended {the 1978 Zoning Code} defined the County
Building official (which is the forma! title of the Ptanning Directorl. Section 2.02.10 of the Zoning Code
defines Building official as: Ihe guildtng Ofrciol designated by thc County Commlsslonen to admlnlster
ond enlorxe thls fresoludan ond the Bultdlng Code Rcs;olutlon ol Corfield County, Coloroh.
Further, Section 7.O4 of the 1978 Zoning Code contains a provision dealing with "Change in use" which
is a s follows: A nononfumlng use shotl not be rcflaced by a use considercd to exhtblt a grtater
degr* ol nonconformity thon the exlsttng usel howaner, a nonconhrming use msy M rePlaccd by o
use consldered to exhibit on eqwl or lsser degree ol nonm$ormity thon the ext',dt g use; tlrc degree
of conlormity to be detamind bv the Buitdino Olfidol fused on the lntent and purpose ol thls
Renlutton; for exomple, a mfille hone may he replaced by o permonent conventlonol stngletomily
dwetting provided lt meas all other slte rqulrements of thls Resolution, (A. 9!t1r67)
Additionally, the foltowing sections of the 11978 zoning code further define the role of the Building
official regarding the admlnistration of the code relating to enforcement:
9-OI.OZ Action bv the Butldina Officiol: The Buitding Oficiat stult utitlze seruices ol tln Enrtronmentat
Heolth Ofrer, Cowty ptonnlng Director ond other county ond state olfrdols or agenclesto atriYc at a
determtnotbn thot the proposed bulldlng,locllw structure or use ls ln compllance wlth oll opllcaue
tutirg, sttgfulslon, htildlng, health and sonltotlon regulotions; ond tl the proposed building,locillty'
stru6urc or use is in amplhnce, shall lssue a pemtt ftor the lmptovements shown on tre oPiliution;
nvian o! pcrmit applicotion shall normatly be limit€d to ten (10) wo*ing days.
9.OLO3 tnsnection: The Building Wciat or hts d*ignated representotive i5 hereby empwcred to
inspeA any bulldtng, structure or tmct of tond conceming whi& he has reasonahle couse to belleve
thot a use esists, or oonstructian or oltemtion work is being or hos been petfurmed, in violstlon ol the
appllcabte provisions of thls f,esolution. ff o vtotation exisB, the County Commissloners or their
daignatd represcnt1tive shatt dired thot such remedlol actlon be token as wlll resuh ln full
compllonce wtth the appllcoble provlslons ol thls Resrilutlon'
Lastly, Section 9.O4.01 provides regulatory guidance on Administrative Appeal & lnterpretation which is
provided here:
9.(N.07 bdicotion$ $peals to the Zoning
person oggrieved hy hts tnabtlity to obtaln
Bard ol AdJustment ("Boord"l may be tokm by any
o permit (other thon o Special llse Permft), or bv the
declsion of onv odminlqll,g,tive officer or agenq bosed uwn or made in the coune of the
gfrSEL, deprtment, boord or bureau ol the County offeaed by the gmnt or refitsal ol o permft, other
thon a Spectal Ltsc peilnit, or bv other decision of an adminlstvative officer or aoena, ba,,8d on, ot
modle ln the cou$e of. the ddmlnis/ilrdtton of eofofcement of this Rf5,cilutlon. Appeals to the Board
must be mode ln wrtting ond fited with the Board wlthln *ven (7) doys ol the oaion or dedsion
oryated ond a opy sholl be gtven by the opeltantto any ffidal or agcncyfiom whtch the opgl is
token.
September L4, :tggT letter ftom Troxel to Mark Bean so long as there ls not any expansion. The Gunty
acted properly within its authority as protrided in the 1978 Zoning Code to render such a determination
in 1gg7. lf Marti Adolf & David white wish to request a formal lnterpretation by the curtnt Planning
Director, there ls a process avallable to them to do so in Section 4-302 of the Unlfied land Use
Resolution of 200g, as amended. We would be happy to set a pre-appllcation conftrence to move this
forward.
non-confurming by Mark Bean, then Building Official in 1987. Those uses may continue