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Home My WebLink About1.0 Application and Supplemental Information4r,--avA VAIA �3/2 /rg ©e, Atiad 11444K, .ti. Me..P 4-• l f r ci c,.. I !? vvi rr�.r�ulc f+,0. t�7Aive.4 Sti1� (JL T sl� ()i _J r1 �''�, l,/w' rp (J' Ar { pat�ytd s � E is v _ ,-' y W oat}i b o+y+awsc I-Vv.-1►d /1 (t..A •�- - .�.tP re, p►- , . I 4 4 < I,a fA r rf, .. uccmss{ S1 OD. 41,0-ef iiiii;ettay:,,,, r�_ A• fr ._ l f' ,of..' �l s) '- . 1/Ufi f l (14-664-5 al/tesavep/ f /41-/ /14-e,-; *9-/ Ae-en"-=--> 1 (rte70)r�YJ To Date .3/" Time /// aI WHILE YOU WERE OUT Name of Phone,221/—,21-A4 r Telephoned y� - Please CaII K Returned Your Call Will Call Again Wants To See You , RUSH Message Ai. yhey---- "yo? O RATOR 398-51-05-0013 Printed By Division or Central Services 41011 11-6" 131-4" u2" ouszAPl_r1 4E. IC kJ Fc9R. ad,G4-1 Ll C. 11 NUJ . 811 47 7.TED R7LdS 0 i 7-----------th-Jt'H gi,2•Ft= ''ccY4-1 e :ipll 1 1 1 ii - '-' 1 1 -1 I 1 1 1 1 1 =o 11 1 f 1 1 ;4 1 11 1 1 1I 1 pi l� N2 x (p 'IFfME:1, �5t3o1. pz..114r. oule. .pLy w/ C a.Qi-Ffc� CP OR&u-16, AROur.Ir E1.JTI . RKi pcc�Ej H2.Tr i oIAT . 1317-6”...11S1 2-O 4.G, Ai.JO A. •t-�CF RbPL( al.lo Fa.+IJT -a b s cva. spa. 415OITT i¢,oubtH cel Rawl- usi wag Lam- �I.. W� VV HEMS. COU L.I' - iu ' 130 LT E+eisos • win". 41E40 1:1"&r /4IIs i'- • REQUEST: 1/44.00 BOA 3/24/88 PROJECT INFORMATION AND STAFF COMMENTS Request for Variance from Section 5.07.07(7) to Allow an Off -Site Sign APPLICANT: Town of Parachute LOCATION: A parcel of land situated in the NW 1/4, Section 5, T7S, R95W; located approximately 1 mile east of Parachute on the north side of Hwy 6. SITE DATA: The site consists of 0.03 acres. EXISTING ZONING: R/L (Resource Lands), gentle slopes and lower valley floor ADJACENT ZONING: A/R/RD and R/L, gentle slopes and lower valley floor I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in the Parachute Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is generally level, with native vegetation, and is located immediately adjacent to the highway right-of-way. The 0.03 acre site is a portion of a larger tract owned by Exxon and is not a separate parcel. B. Project Description: The applicant proposes to locate a "Welcome to Parachute" sign on the site. The sign would be 88 sq. ft. in size and would also identify some recreational activities in the area (See Page ). III. MAJOR ISSUES AND CONCERNS 1. Section 5.07.07(7) states that "signs shall identify or advertise only interests conducted on the lot of the sign location, unless the Board of Adjustment, upon request, determines that an off-site sign conforming to the district regulation in which the sign is located is necessary to promote the interests of the use to which it relates." 2. The proposed sign is less than the maximum 90 sq. ft. allowed in the R/L, gentle slopes and lower valley floor zone district. 3. The Zoning Resolution does allow for variances to the sign code, provided that the variance would not allow any business an unfair advertising advantage over any other business (See Page /. ). A sign promoting the Town of Parachute would benefit the business community as a whole and would not create any unfair advantages. However, no individual businesses or interests should be noted on the sign. 4. The sign must receive approval as necessary from the State Department of Highways, or the applicant demonstrate that it is in compliance with the State regulations. The wThe application has been referred to the State, witcomments received at this time. IV, SUGGESTED FINDINGS 1. That the applicationfor variance yrat` found to be consistent with the requirements and standards of Section of the Garfield County Zoning Resolution of 1978, as 2. That proper publication and public notice was provided d of required for the public hearing before the Zoning Board Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues weehsubiitted and that all interested ( ) parties were heard at the V. RECOMMENDATION APPROVAL of a variance from Section 5.07.07(7) the to allow an off-site sign for the Town of Parachute, subject conditions: That the applicant receive approval from the State Highway Department for the sign. That the sign promoteworofinterestsebesident�fiedand on that no individual businesses the sign. r ll[' 701'i of Pavackutc P. 0. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 ALOA0/).-A MAR 11988 GARFIELD COUNTY February 26, 1988 �;,ir1le)d County Planning Department Mr. Mark Bean 109 8th Street Suite #303 Glenwood Springs, CO 81601 RE: Sign Variance Request Dear Mark: The Town of Parachute is requesting a variance per Garfield County Sign Code requirements per Section 5.07.07 Subsection 7, to locate a "Welcome to Parachute" of �. on private property. approximately one (I)s it location is. the Parachute City Limits. The proposedat mile location n6, fn acing westhside of bound traffic n11-70. hway 6, facing With the interest shown in the Parachute aarea, itxea, is felt the sign would not only. identify the a whPar. The but it would benefit the community as proposed sign location would give at tiPatrrachute ample time to slow down and exit l The Town has entered into a License Agreement with Exxon Corporation to place the sign on a small section of the of their property. Please find eloseaEcopyit A-1 executed License Agreement, SignLocation (General Description), Exhibit A-2 (Specific Description) plus topo map showing the approximate physical location osed sign. The total sitem and a Zerox copy of the proposed area siqe of the sign will be 88 square feet. Should you need additional information, please feel free to contact me. Thank you for your prompt attention to our request. Sincerely, enc • i ,.tea /. :, ' / 4 / -•,. . 1 Dave Rousseau Town Administrator / g-77PA/4 LICENSE AGREEMENT This agreement Januar f�made and effective as of between and municipal corpo at on of the State of the TOWN rado, to as "Parachute," and EXXON CORPORATION corporation, herein referred to as "Exxon." Exxon is the owner of certain lands described in Exhibit A-1 attached hereto. Parachute desires to construct and maintain on a portion of such lands a sign advertising Parachute and its amenities. the 28th day of OF PA X EWTE, a herein referred a New Jersey NOW, THEREFORE, in consideration of the mutual herein contained and for one dollar paid by Parachute the parties agree as follows: 1. Exxon grants to Parachute a license to occupy subject to all of the terms and conditions hereof, the described in Exhibit A-2 attached hereto. promises to Exxon, and use, premises fo2. The premises may be occupied and used b r the purposes of erecting thereon and maintai ningutae solely sign of approximate size of 8 feet high and 17 feet wig". hrou3 . Th ense shall be from Ft' ��1 1 , 19b ILA g �p e 1b;h;')4� oc� �, ,1387. shall be extended for consecutive o one-year oterms cif neitherparty that the term elects to terminate this license in accordance with the provisions of paragraph four herein. 4. Subsequent to the third year of the term of the license, either party may terminate this license at any time and for any reason by giving written notice to the other, specifying the date of termination, such notice to be (15) days prior to the date therein given less than fifteen 5. Exxon shall have the right to approve design of the sign, which approval sllnoth be unreasonablye ording on y withheld, 6. The sign shall be constructed, erected and maintained at the sole cost of Parachute. If the sign is not properly installed or is not properly maintained in the sole judgment of Exxon, Exxon shall have the right, without incurring any liability to Parachute, to remove it. Upon such occurrence the license granted shall terminate and be of no effect. 7. Parachute shall be responsible for obtaining any and all permits and approvals from governmental entities necessary to locate a sign on the premises. The cost of such permits and approvals shall be the responsibility of Parachute. Parachute shall not seek any zoning change or change in county land use plans, if such is required in order to locate a sign on the premises, without the express prior written approval of Exxon. Should Parachute seek such a change without Exxon's approval, this license shall terminate and be of no effect. 8. Upon termination of the license granted herein, Parachute agrees to promptly remove the sign and any supports therefor and restore the premises to a condition comparable to that existing prior to the location of the sign thereon. Should Parachute default in the performance of its reponsibilities- under this paragraph, Exxon shall have the right to remove the sign and restore the premises. Parachute shall pay all reasonable costs incurred by Exxon for removal of the sign and restoration of the premises upon receipt of an invoice with sufficient support documentation to explain the invoice charges. 9. Parachute shall comply with applicable worker's compensation laws and shall require any contractors it engages to perform work on the premises to do the same. Parachute further agrees to indemnify and save Exxon harmless from and against all claims, liability and causes of action for injury to, or death of, any person or persons, including persons employed or engaged by Parachute or Exxon, and for damage to or loss of property, resulting from the locating of the sign on the premises or from willful or negligent acts or omissions of Parachute or its agents, employees, representatives or subcontractors relative to the sign. 10. Access across Exxon lands to the sign location is hereby granted; provided, however, that access shall be at a location and along a route specified by Exxon, which location and route may change from time to time. 11. All notices required to be given hereunder shall be considered properly given upon delivering the notice in writing -2- co--"- 1._J _. It it s necessary or reasonahl Ptnerant vn T. nnr-n to the party to be notified, or mailing by registered or certified mail, or sending by electronic communication device such as facsimile transmission, to the party to be notified at such party's address set forth below or such other address as the party may have designated by previous written notice to the other. Parachute Mr. Dave Rousseau Town of Parachute P. co. Box 100 Parachute, Colorado 81635 Exxon Exxon Company, U.S.A. Colony Shale Oil Project P. O. Box 308 Grand Junction, Colorado 81502 Attention Resident Manager with copy to Synthetic Fuels Coordinator, Refining Department, Exxon Company, U.S.A., P. O. Box 2180, Houston, Texas 77252-2180. 12. This agreement may be amended only by express written agreement signed by both parties. The agreement shall be governed by the laws of the State of Colorado. EXECUTED and DELIVERED as of the date first written above. A ST t Town Clerk TOWN OF PARACHUTE A By 'I Mayor � EXXON CORPORATION By -3- Agent and Attorney in Fact (5) If it is necessary or reasonable to grant a variance • GARFIELD COUNTY PLANNING DEPARTMENT MEMORANDUM TO: Board of Adjustment FROM: Garfield county Planning Department RE: gown of Parachute Variance, Continued Public Hearing DATE: April 19, 1988 This note is to remind you that the continuation of the public hearing on the Town of Parachute's request for a sign code variance is scheduled for April 28, 1988, at 3:30 P.M., at the Garfield County Courthouse. Please contact this office to indicate whether you will be able to attend this hearing. Attached is a copy of an amendment to the request, submitted by the Town of Parachute. Please bring your copy of the staff report from the last hearing, or contact this office if you will need another copy. Thank you. 109 8TH STREET, SUITE 303 945-8212 1625-5571 GLENWOOD SPRINGS, COLORADO 81601 The Touwn of Parachute P. O. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 April 5, 1988 Mr. Mark Bean Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Sign Variance Request Amendment Dear Mark: P APR 071988 GARFIELD COUNTY After the Variance Request Hearing on March 24, 1988, the Town wishes to amend the original request due to some of the concerns addressed during that hearing. On the sign itself the word, "Golf", will be removed leaving just the white golf ball with the golfer and fisherman as is. It was felt during the sign design work that these two figures were the most recognizable for people to identify. In our license agreement with Exxon it states, "after three years for any reason either Exxon or the Town of Parachute may terminate the agreement." Ori Page 2, Paragraph 6 it also states, "if the sign is not properly maintained Exxon will remove it." The Town of Parachute is willing to also state, "if the sales tax revenues do not show an increase of 7-10% after the sign is erected, the Town will take it down after the three-year period." The Town monitors its sales tax monthly now and, with the addition of the traffic counter at our rest stop in Parachute, the traffic counter can also be used to gauge percentages. I would also like to mention that a year ago the Garfield County Economic Development group hada professional economic consultant address interest groups in Garfield County. When he was in Parachute, the I-70 sign was one of the ideas presented to help identify our area other than•just a place to stop to get gas, food or use our rest area. The sign will be used to promote our recreations that are available to the traveler on 1-70. This sign will benefit no individual business or interest group but the Town of Parachute as a whole. Should you need additional information please feel free to contact me. DR:rsm -2- 4 Serely ► ti cq0A1/4- Dave Rousseau 1 tiati '400404 ZONING BOARD OF ADJUSTMENT MEETING AGENDA TIME: 3:30 P.M. PLACE: Garfield County Courthouse, Suite 302 DATE: Thursday, April 28, 1988 (1) Call to Order (2) Roll Call (3) Election of Officers (4) Approval of the minutes from March 24, 1988 (5) Continuation - Request for Variance from Section 5.07.07(7) to Allow an Off -Site Sign Applicant: Town of Parachute (6) Adjournment ZONING BOARD OF ADJUSTMENT Meeting #154 March 24, 1988 MEMBERS PRESENT COUNTY STAFF PRESENT Leo Jammaron Mark Bean, Director of Richard Moolick Building, Sanitation & Danny Gallacher Planning Pete Cabrinha 3:35 P.M. Mark Bean called the meeting to order in the absence of a Chairman. Roll call was taken with Allan Bowles, Mary Odell, and Larry Hazelton absent. It was established that Leo Jammaron was elected Vice -Chairman in 1987, and would act as Chairman pro -tern. Mr. Jammaron formally appointed Richard Moolick, Pete Cabrinha and Danny Gallacher as voting members since there were no other regular members present. Pete Cabrinha made a motion to accept the minutes of May 28, 1987, as presented. The motion was seconded by Richard Moolick; motion carried unanimously. REQUEST FOR VARIANCE FROM SECTION 5.07.07(7) TO ALLOW AN OFF-SITE SIGN - TOWN OF PARACHUTE. Mark Bean stated, for the record, that the public notice met the requirements for this public hearing, and that they may proceed. Mr. Bean presented the following exhibits: Exhibit A - Application Exhibit B - Proof of Publication Exhibit C - Mail Return Receipts Exhibit D - Letter from the Town of Parachute, 3/07/88 Letter from the St. Highway Dept., 3/17/88 Richard Moolick made a motion to accept the exhibits. Pete Cabrinha seconded the motion; motion carried unanimously. Chairman pro -tem, Leo Jammaron, swore in Dave Rousseau, Town Administrator, 222 Grand Valley Way, Parachute. Mark Bean briefly noted that the application was from the Town of Parachute, for an off-site sign that requires a variance from Section 5.07.07(7) of the Garfield County Sign Code. He noted that the State Highway Department, in Exhibit D, required that the County accept, through resolution, all responsibility for the sign and declare it an official county•sign. Mr. Bean noted that the Board of County Commissioners had agreed to sign a resolution to that effect, if the Board of Adjustment approves the variance. Danny Gallacher asked if the sign was to be lighted. Mr. Rousseau said that was not their intention. Mr. Rousseau. explained that the purpose for the sign was to place a sign one mile east of the. I-70 Interchange, in the hope that some travelers might be more inclined to pull off and stay in Parachute. In response to a question, Mr. Rousseau said the sign would be 88 sq. ft, in size. Pete Cabrinha stated that he was puzzled about the need for more identification of Parachute since there were two state highway signs noting Parachute, in advance of the large exit sign noting Parachute. Mr. Rousseau stated that those signs do not show any of the recreational / • opportunities available in the area beyond the food, lodging, and rest area. Mr. Gallacher had similar concerns. Richard Moolick noted that this was a small community that was devastated by the oil shale bust. He felt that the sign was a reasonable -request, to try and get the community back on their feet. Mark Bean noted that this application could be justified for virtually every other community in the County; but, that only a municipality would be able to qualify for this type of sign since the graphic benefitted the whole community and not one particular business. Pete Cabrinha pointed out that the proposed sign advertised "golf", and that there was only one golf course in the area. Everyone agreed that there may be an unfair advantage for a golf course, and Dave Rousseau said that the word "golf" would be removed from the sign. Pete Cabrinha noted that the town had made some dramatic improvements in appearance; but in general, he did not care for off-site signs and the proliferation of those signs. He did not really feel that they would provide any tangible benefit to the town. There was discussion of the pros and cons of highway signs and their benefits. There was no concensus of opinion reached on the issue. Richard Moolick made a motion to continue this meeting to another date, when a larger quorum could be present. The motion was seconded by Leo Jammaron. After a further discussion, Mr. Cabrinha suggested that a variance be approved for three years; after which, the town could show justification for continued use of the sign. Mr. Bean stated that the county attorney said that a variance cannot be conditional. After being advised by the county attorney that the meeting could only be continued to a date certain, Mr. Moolick amended his motion to continue the meeting to April 28, 1988, at 3:30 P.M. The amended motion was seconded by Leo Jammaron; motion carried unanimously. Pete Cabrinha made a motion to adjourn; seconded by Danny Gallacher. The motion carried unanimously. Respectfully submitted, Larry Hazelton Secretary LH/ljb • June 1, 1988 Town of Parachute P.O. Box 100 Parachute, CO 81635 ATTN: Dave Rousseau Dear Dave: GARFIELD COUNTY PLANNING DEPARTMENT Enclosed is a copy of the Board of County Commissioners' Resolution No. 88-041, designating your "Welcome to Parachute" sign an official County sign. Please review the Resolution, to assure that it meets your needs and that there is no problem with the conditions included by the Board. Please contact this office if you have any further questions or concerns. Sincerely, 13. //L. ?f, -4(z Glenn Hartmann Planner GH/1jb Enclosure 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY PLANNING DEPARTMENT May 3, 1988 Town of Parachute P.O. Box 100 Parachute, CO 81635 ATTN: Dave Rousseau Dear Dave: This letter shall serve as confirmation that on April 28, 1988, the zoning Board of Adjustment did unanimously approve a variance request from Section 5.07.07(7), to allow an off-site "Welcome to Parachute" sign. The resolution by the Board of county Commissioners accepting the sign as an official County sign is being drafted, and a copy will be forwarded to you as soon as possible. Please contact this office should you have any further questions or concerns. Sincerely, 1-- 941-- Glenn 4_ Glenn Hartmann Planner GH/ljb 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 • GARFIELD COUNTY • PLANNING DEPARTMENT MEMORANDUM T0: Board of Adjustment FROM: Garfield County Planning Department RE: Town of Parachute Variance, Continued Public Hearing DATE: April 19, 1988 This note is to remind you that the continuation of the public hearing on the Town of Parachute's request for a sign code variance is scheduled for April 28, 1988, at 3:30 P.M., at the Garfield County Courthouse. Please contact this office to indicate whether you will be able to attend this hearing. Attached is a copy of an amendment to the request, submitted by the Town of Parachute. Please bring your copy of the staff report from the last hearing, or contact this office if you will need another copy. Thank you. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 0 STATE OF COLORADO DEPARTMENT OF HIGHWAYS 222 South Sixth Street, P.O. Box 2107 Grand Junction, Colorado 8'1502-2107 (303) 248-7208 March 17, 1988 Mr. Glen Hartman Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Mr. Hartman: lif11.`ci.P MAR 18 1988 1 cji' W w� GMK*ILCOUNTY Thank you for your memorandum concerning the "Welcome to Parachute" sign proposed by the Town of Parachute. Since this sign is located in Garfield County's jurisdiction but is not on State Highway Right -of -Way, there are just a few stipulations to be made by the State. 1) The county must accept, through resolution or ordinance, all responsibility for the sign and declare it an official county sign. 2) The sign cannot in any way encroach upon State Highway Right -of -Way. 3) A copy of the resolution or ordinance must be forwarded to the State Department of Highways, District III Right of Way Section, P. 0. Box 2107, Grand Junction, CO 81502 for permanent filing. Thank you for your cooperation in this matter and if I can be of any further assistance, please let me know. EKD:rb cc: Town of Parachute Staff ROW file Yours truly, R. P. MOSTON DISTRICT ENGINEER By eg‘ Edward K. 4ry Roadside Advertising Inspector aeon e.. Pueuc repro ivarke tha. Norma , Stele of 1 whh se.aw.prama valartai in ottmin the Caere), of Corfield, iror+etl eileotrd» tft. Da 1.260 egl,nol ' ,a'e.d a ww eq al a feed (0 ?a d her/ i ` ,et +s -4:, �;_ ►�. rwrw izoee-�: .'d� shsr t.w+. . +N►illrot the west geey4i Section 5, T.7 S., S4S W., bran whence th.ip corner el Sedhea 6.;;T.i 14 R/s. W. been Sad+ Yy a distance s 261SaSjeerl ',pf, an bearing. mttj+d.turatn Poing neatly* them: Thence N061651'E, a tiF tinny feet to 0 paint en the r,p thetly bd.ne*utth. riphhafeway >: dePartbeg eald`+ ,t -0f W, o dibielwirof '• . ?rwrroe tlef's1a ttet 'Thome 330201M-4;klerail.pot*, the areeee�Mh�rt'jr . ^ ,?�Ao beet PIP.itilbea odd iimjheriy-, r un th '►00,"00.ellifiell.. 34,9000* t1'e,.7> >1161.1140/. (12PilfrP00.8114reffil feel • - :bo +quer. *Wiwi Thiscri0ORM. : , With raped to t1 !idle east of i�en• L. lokhPart. fi.�or,bel6sSF ,6 .saltealrence 1: 1s alio« the Petition.. relief from Setikna 07.01( )ietorwreroNaNr*nondeeabove 1.1/W hiedpra�erlb; piece. emitted a.d b►- the proposed variance one lamed to a pout. arrl_etele they viers, pretests or ablecttarrs. *AA Canner appear personally at such • ineeti 4• MM%yee ate urged to state your views by letter' portfealatly-1F you lore chlird6Pris to sol, Varlande-reheeet.ias'the Zoning Board of Adlushnent to the cornments of surrounding 1. Prepettty 46stilbiabed others affected in deciding wbiNnr pspEaeA 0 dsny.the request forrlleeoariana.. Thierptirtfidarerp,eit application may be reviewed at the 011111,:Il1e Planning Department located of 109 Stft Serrsp, Salle 309. Garfield County. Courthouse, Giertereed SPrbrge. Cola;odo between the haw, of SAO a.m. end k06jv.et., fllatday through Friday. ;Thal rob* ha:wir :on the oppikation for the above *admire hos Mite.,, far the 24th day of Mardv, 1985, osthe haw ofY.,#bptoi., Gratihhd Co„r,ttOAw Hone• Suns 902, 104Sth Sheet. Glenwood Springs, CO. Pian ing Depart„1e11, Publ.h.dhiorehl,19S8Inthe G Garast. euney Glenwood Doer. PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, SS. COUNTY OF GARFIELD. N2 19740 ROBERT C. HELSLEY do solemnly swear that I am PUBLISHER of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part, and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of 1 consecutive insertions; and that the first pub_ lication of said notice was in the issue of said newspaper dated MAR. 4 A.D., 19 88 , and the last publication of said notice was in the issue of said newspaper dated A.D., 19 In witness whereof I have hereunto set my hand this 4th day of BARS A.D., 19.......$ neral Manager / Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado. this 4th day of (SEAL) MARCH My Commission Expires A.D., 1 Notary Public My Comiaissioa faraksts..May.22,-199.1 ....... 2014 Grand Ave., Glenwood Springs, CO. 81601 :SENDER: Complete items 1 and 2 whin and 4. Put your addrea in the "RETURN TO" you. card from livered to and the data of donarv} f4 r for fees eddit I services ora delimit], and complete Items 3 hie on0040; Ode, r Intra , " this will • revent this . .' l . � ` " a " e� •'Hilt serrequested.'N' .' vicelsl address. 2. 0 Restricted Delivery 1(Extra charge) t hd postmaster and c sok box es for ad ( additional 1, $ Show to whom delivered, date, and addressee's 1(Extra charge)t 3. Article Addressed to: Me. AIA..) OJeRk I L{ 1 fTX K ON 0- o - 5.-a•--'+- 1 `A x as v 0RANJ Wk.�0—A,No. / V(• . fl , �o g)sa-L_lino 4. Article Number ' -P ..5.53 oS'( '7 30 Type of Service: 0 Registered 0 Insured atertified 0 COD 0 Express Mail Al II, tq) 'signature of addressee i : ... 6. Signature -- Addressee X ' 41t.•r , . • rens (ONLY It {. req 4'. n• to paid) Q C \ i9 `w..„,.,-,0}, 6. Signet t X /, �/1/4-4,c—, + t 7. Date y/40#1 n.... * U.S.Q.P,O.1987.179-268 DETURN RECEIPT P 553 081 730 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to I f the_AlAvleakli -rxxax Vl Street and No. Vrz. 7)C 045' P.O.,n7,Piij Step and ZiP ode (S.ttiC i k41tiCo 7160 Postage $ Certified Fee 7 5 Special Delivery Fee r Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered �� Return receipt showing 10 whom, Date, and Address of Delivery TOTAL Postage $// cr Postman.' - ti a. ..) • The Town of Parachute P. 0. Ilox 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 Mr. Alan Weakly Exxon Company U.S.A. P. 0. Box 308 Grand Junction, CO 81502 March 14, 1988 Cert. P 553-081-730 RE: Public Notice - Sign Variance Request The Town of Parachute has applied to the Zoning Board of ' Adjustment, Garfield County, State of Colorado, to grant a sign variance request located on property in County of Garfield, State of Colorado. The variance request is to allow the Town of Parachute an off-site "Welcome to Parachute" sign on private property located approximately one (1) mile east of Parachute, on the north side of Highway 6. The variance request application public hearing is set for March 24, 1988 at 3:30 P.M., Garfield County Court House, Suite 302, 109 8th Street, Glenwood Springs, Colorado. All persons affected by the proposed variance are invited to appear and state their views, protests, or objections. If you cannot appear personally at the scheduled hearing,, then you are urged to state your` views by letter, particularly if you have objections to the proposed variance request. The Garfield County Board of Adjustments will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for a variance. This variance request application may be viewed at the office of the Garfield County Planning Depaftment located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Should you need additional information, please feel free to contact me. Si ely, David Rolsseau Town of Parachute •ScsS Complete Items 1 and 2 when additt nal services are desired, and complete Items 3 and 4. Put your address In the "RETURN TO" Space on verse side. Failure to do this will prevent this card from being returned to you. The return race ee wIIJ ProvIde you the name of She oersort gellvared to and the date of delivery. For edditiona fees The following services ere aveliabie. Consult servlce(s) requested. address. 2. 0 Restricted Delivery t (Extra charge)t postmaster for fees and check boxes} for additional 1. ❑. Show to whom delivered, date, and addressee's 't (Extra charge)t 3. Article Addressed to: 0 b, ,R 6 e f A C 0 tx.-- {� --1). — '4" r\ - ''. Q ''Q-\ , r O f lir 0,, S7. S'v. A e c.D3 C'eiU ++ {y 6O D d P R ��{ 5 1 8 4. Article Number ry v�( 7 s Type of Service: ,O Roistered 0 Insured L!TCertlfied 0 COD ❑ Express Mall Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee X 8. Addressee's Address (ONLY if requested and fee paid) B. Signature/gent z XPPej 7. DatfyLive • PS form 3811, Mar. 1987 * U.S.L3.F.O. 1987-178-268 DOMESTIC RETURN RECEIPT P .553 081 731 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to ( w(if•1d C1.�-4IaY. \vN.c1 -i e'RI • Street and No. /a9 kt" St. Su lie 3O3 P.O., State and ZIP Code afellak2,,d 5 fR+v. s SIbof tC� Postage $ a Certified Fee 5 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered 7 0 Return receipt showing to whore, Date, and Address of Delivery TOTAL Post= . ^ =s C� $ / 6,7 Postmar Qr + - • U „Z• 6;. 4g%)s 1 • • The Town of Parachute P. 0. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 March 14, 1988 Cert. P 553-081-731 RE: Public Notice -- Sign Variance Request The Town of Parachute has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a sign variance request located on property in County of Garfield, State of Colorado. The variance request is to allow the Town of Parachute an off-site "Welcome to Parachute" sign on private property located approximately one (1) mile east of Parachute, on the north side of Highway 6. The variance request application public hearing is set for March 24, 1988 at 3:30 P.M., Garfield County Court House, Suite 302, 109 8th Street, Glenwood Springs, Colorado. All persons affected by the proposed variance are invited to appear and state their views, protests, or objections. If yogi cannot appear personally at the scheduled hearing, then you are urged to state your views by letter, particularly if you have objections to the proposed variance request. The Garfield County Board of Adjustments will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for a variance. This variance request application --may be viewed at the office of the Garfield County Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs', Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Should you need additional infcrmation, please feel free to contact me. rely, David Rousseau Town of Parachute IFSEN4.I$ER: Complete Items 1 and 2 when addl I services are desired, and complete Items 3 and Put your address In the "RETURN TO" Space on versa side. Failure to do this will prevent this card from being returned to you. Th return receiplee will orovlde you the nminion pf rson delivered to and the data of delivery. For additional) fees the the following services ars evafle6 e. Consult requested. 2. 0 Restricted Delivery " t (Extra charge) t postm8eter for fees and check box eaj for additional service{s) 1. G' how to whom delivered, date, and addressee's address, t (Extra charge) t 3. Article Addressed to: Co f t) .-3) 'C . O -r- a � w 4 5 � O, 1J a K 7 0 7 ,',,✓d t� cog/5.- (> �~ "1307/0 010 R 1 Cf e,,,. !! -(-0 rbJx ys / 4. Article Number A) —3-(-7 % Type of Service: 0 Registered 0 Insured ■ COD 0 Express ❑Express Mall Always obtain signature of addressee or agent ands ! ERED. 5. Sign re — Addressee X 0 (-0 S. Addr oafs ' :dr 7 • 1 . If req see and fer,�p�r d L J, ,�►'yl� /Q O 98� �� B. Signature nt Xc 7. Date of Delivery PS Form 3811, Mar. 1987 * U.S.O.P.O. 1987-178.288 RN RECEIPT P 553 081 729 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) S/,g�nt 1)o U o /o . Oe? -1, r i lit LA) ai{ S eet a No. ll V.(), c2/O7 P.O., State and ZIP Code', 6)R R � d. S.a ,A.C.1, 1 a � S) (6 0 Postage $ .:?a Certified Fee 7.- Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered D Return receipt showing to whom, Date, and Address of Delivery TOTAL Post- • nd &= t S Postmark .d • • The 701111 �,f Thct rrclttrtc P. 0. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285.7630 Colorado Department of Highways P. 0. Box 2107 Grand Junction, CO 81502 ATTN: District Right -of -Way March 14, 1988 Cert. P 553-081-729 RE: Public Notice - Sign Variance Request The Town of Parachute has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a sign variance request located on property in County of Garfield, State of Colorado. The variance request is to allow the Town of Parachute an off-site "Welcome to Parachute" sign on private property located approximately one (1) mile east of Parachute, on the north side of Highway 6. The variance request application public hearing is set for March 24, 1988 at 3:30 P.M., Garfield County Court House, Suite 302, 109 8th Street, Glenwood Springs, Colorado. All persons affected by the proposed variance are invited to appear and state their views, protests, or objections. If you cannot appear personally at the scheduled hearing, then you are urged to state your views by letter, particularly if you have objections to the proposed variance request. The Garfield County Board of Adjustments will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for a variance. This variance request application may be viewed at the office of the Garfield County Planning Department` located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Should you need additional information, please feel free to contact me. Sincerely, (L1:c149 David Rousseau Town of Parachute ocivi)) • The Town of Dara c u e P. 0. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 MAS PM %ti�i�11"its COUNTY COMMISSIONERS March 7, 1988 Mr. Robert Richardson, Chairman Garfield County Commissioners 109 8th Street, Suite 300 Glenwood Springs, CO 81601-3303 Dear Mr. Richardson: ob Larry 0/Marian The Town of Parachute has applied to the Zoning Board of Adjustment, Garfield County, for a variance to place an official off-site "Welcome to Parachute" sign. The sign location is approx- imately one (1) mile east of Parachute, on the north side of High- way 6. Due to the increased interest in the Parachute area, the sign is being placed to identify Parachute. This location will give travelers on 1-70 ample time to exit at Parachute. After reviewing and discussing with State Highway officials, the variance request is only the first step the Town has to take. The sign will not be in the city limits of Parachute, but in the county. In order for the State to grant a permit to Parachute to erect the sign, Garfield County would have to designate the sign an official county sign. At this time the Town of Parachute is requesting the County to consider a resolution to designate the sign an official County sign. The Town of Parachute would still be responsible and liable for the sign. The county resolution is the only way the State Highway Department will permit the Town of Parachute to erect a sign out of the city limits. Thank you for your consideration of our request. If you have any questions or need additional information please feel free to contact me. Sincerely, Dave RousseauTown Administrator DR/jl • STATE Of COLORADO DEPARTMENT OF HIGHWAYS 222 South Sixth Street, P.O. Box 2107 Grand Junction, Colorado 81502-2107 (303} 248-7208 March 17, 1988 Mr. Glen Hartman Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Mr. Hartman: n. rr t. . MAR 18 1988 Ght* ELL) COUNTY Thank you for your memorandum concerning the "Welcome to Parachute" sign proposed by the Town of Parachute. Since this sign is located in Garfield County's jurisdiction but is not on State Highway Right -of -Way, there are just a few stipulations to be made by the State. 1) The county must accept, through resolution or ordinance, all responsibility for the sign and declare it an official county sign. 2) The sign cannot in any way encroach upon State Highway Right -of -Way. 3) A copy of the resolution or ordinance must be forwarded to the State Department of Highways, District III Right of Way Section, P. O. Box 2107, Grand Junction, CO 81502 for permanent filing. Thank you for your cooperation in this matter and if I can be of any further assistance, please let me know. EKD:rb cc: Town of Parachute Staff ROW f ile Yours truly, R. P. MOSTON DISTRICT ENGINEER BytcY.r✓, Edward K. ry Roadside Advertising Inspector The Town of Parachute P. 0. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 4 MAR 16 1988 GARFIELD COUNTY March 14, 1988 Cert. P 553-081-731 RE: Public Notice Sign Variance Request The Town of Parachute has applied to the Zoning Board of ' Adjustment, Garfield County, State of Colorado, to grant a sign variance request located on property in County of Garfield, State of Colorado. The variance request is to allow the Town of Parachute an off-site "Welcome to Parachute" sign on private property located approximately one (1) mile east of Parachute, on the north side of Highway 6. The variance request application public hearing is set: for March 24, 1988 at 3:30 P.M., Garfield County Court House, Suite 302, 109 9th Street, Glenwood Springs, Colorado. All persons affected by the proposed variance are invited to appear and state their views, protests, or objections. If yra�a cannot appear personally at the scheduled hearing, the:n your are urged t.:, state your view; by letter, particularly if you have objections to the proposed variance request. The Garfield County ECaLd of lidjust,rierits will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for a variance. This vrariancr request application may be viewed at the office of the Garfield County Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs', Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Should you need additional infcrmation, please ;eel free to contact me. =rely, 'cit24f2e0u__ David Rousseau Town of Parachute • • Town of Parachute SIGN LOCATION Exhibit A-1 (General Description) Being a 1,250 square feet (0.03 acre) parcel of land situated in the northwest one quarter of Section 5, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows (all bearings referenced to the Colorado Coordinate System, Central Zone - Modified): Exhibit A-2 (Specific Description) BEGINNING at the west quarter corner of Section 5, T.7 S. R.95 W., from whence the southwest corner of Section 5, T.7 S., R.95 W. bears S00.03'51"W a distance of 2612.25 feet, with all bearings contained herein being• relative thereto; Thence N06'38152"E, a distance of 1111.35 feet to a point on the northerly boundary of the right-of-way to the north frontage road of 1-70; Thence departing said rightrof-way, N30'28'34"W, a distance of 25.00 feet; Thence N59'31'26"E, a distance of 50.00 feet; Thence S30'28'346E, a distance of 25.00 feet to a point on the aforementioned right-of-way; Thence along said northerly rightrof-way line, S59'31126"W, a distance of 50.00 feet to the TRUE POINTT CF BEGINNING and containing 1,250 square feet (0.03 acres) of land. • • RECORD OF CONVERSATION TIME, '7; 4 • DATE, 3 /I RE, G vevt,I COMMENTS, 4 (Noun h( wtiz INCOMINS/ 'UTOOINS CONTACT, L OVx S ow)) eo• 150K 0407L cLi, W In 5Th. 64410 i°'fl O 11i,/'cs purse() Si N • de G I1fmNc 5;uG a+• 1414 y, 1V- t, .a0Ce-hi jy �i t /1,4 imaJA rydo.64-i L4t_,xmui f srNa .vt L014407( bift .,„,+R1 I J oU G[.,4 iN w), r,� ,� wiz.. �, G6�G. Ct IZA �V �61f (Wei, r ontV4A Lis 00.4k t rc- Q VW -rats 4101, (h.( ' u (.e .osfeW, td ofir'Gr -keit. n -a' isein,6„ "W ci cArw,. du Pew, -01M,,,4 " FURTHER ACTION REQUIRED, WA ti SL'OSGsii or IO, ja i& SIGNED,_ 12e a4.1 0 0 GARFIELD COUNTY PLANNING DEPARTMENT MEMORANDUM TO: Colorado State Highway Dept. FROM: Garfield County Planning Dept. RE: Sign Code Variance DATE: March 15, 1988 Garfield County has received an application from the Town of Parachute for a sign code variance to allow an off-site "Welcome to Parachute" sign off Highway 6. A copy of the application is enclosed for your review and comment. Specifically, we would be interested if the State has jurisdiction over the proposed sign and whether the State will issue permits for the sign. The request is scheduled for a public hearing on March 24, 1988, at 3:30 P.M., Suite 302, Garfield County Courthouse, 109 8th Street, Glenwood Springs. Any comments should be received by the Planning Department prior to the public hearing. Your cooperation in this matter is appreciated. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 • r REQUEST: • • BOA 3/24/88 PROJECT INFORMATION AND STAFF COMMENTS Request for Variance from Section 5.07.07(7) to Allow an Off -Site Sign APPLICANT: Town of Parachute LOCATION: A parcel of land situated in the NW 1/4, Section 5, T7S, R95W; located approximately 1 mile east of Parachute on the north side of Hwy 6. SITE DATA: The site consists of 0.03 acres. EXISTING ZONING: R/L (Resource Lands), gentle slopes and lower valley floor ADJACENT ZONING: A/R/RD and R/L, gentle slopes and lower valley floor I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in the Parachute Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is generally level, with native vegetation, and is located immediately adjacent to the highway right-of-way. The 0.03 acre site is a portion of a larger tract owned by Exxon and is not a separate parcel. B. Project Description: The applicant proposes to locate a "Welcome to Parachute" sign on the site. The sign would be 88 sq. ft. in size and would also identify some recreational activities in the area (See Page ). III. MAJOR ISSUES AND CONCERNS 1. Section 5.07.07(7) states that "signs shall identify or advertise only interests conducted on the lot of the sign location, unless the Board of Adjustment, upon request, determines that an off-site sign conforming to the district regulation in which the sign is located is necessary to promote the interests of the use to which it relates." 2. The proposed sign is less than the maximum 90 sq. ft. allowed in the R/L, gentle slopes and lower valley floor zone district. 3. The Zoning Resolution does allow for variances to the sign code, provided that the variance would not allow any business ari unfair advertising advantage over any other business (See Page /.3 ) . A sign promoting the Town of Parachute would benefit the business community as a whole and would not create any unfair advantages. However, no individual businesses or interests should be noted on the sign. i1 • • 4. The sign must receive approval as necessary from the State Department of Highways, or the applicant demonstrate that it is in compliance with the State regulations. The application has been referred to the State, with no written comments received at this time. IV. SUGGESTED FINDINGS /-0 sigpitu/{9 1. That the application Afor variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested ///////10 parties were heard at the hearing. V. RECOMMENDATION APPROVAL of a variance from Section 5.07.07(7) to allow an off-site sign for the Town of Parachute, subject to the following conditions: 1. That the applicant receive approval from the State Highway Department for the sign. 2. That the sign promotes the Town of Parachute as a whole, and that no individual businesses or interests be identified on the sign. lo LICENSE AGREEMENT ( 0 This agreement/1 made and effective as of the 28th day of January 19881,y and between the TOWN OF PARACHUTE, a municipal corporation of the State of Colorado, herein referred to as "Parachute," and EXXON CORPORATION, a New Jersey corporation, herein referred to as "Exxon." Exxon is the owner of certain lands described in Exhibit A-1 attached hereto. Parachute desires to construct and maintain on a portion of such lands a sign advertising Parachute and its amenities. NOW, THEREFORE, in consideration of the mutual promises herein contained and for one dollar paid by Parachute to Exxon, the parties agree as follows: 1. Exxon grants to Parachute a license to occupy and use, subject to all of the terms and conditions hereof, the premises described in Exhibit A-2 attached hereto. 2. The premises may be occupied and used by Parachute solely for the purposes of erecting thereon and maintaining a sign of approximate size of 8 feet high and 17 feet wile. 47 F,'f3 1,4,/,711s, ' jqa� /, 3. Thgr e of h' ense shall be from �er--IX987 Iiihrough-Sept�4, )provided, however, that the term U shall be extended for consecutive one-year terms if neither party elects to terminate this license in accordance with the provisions of paragraph four herein. 4. Subsequent to the third year of the term of the license, either party may terminate this license at any time and for any reason by giving written notice to the other, specifying the date of termination, such notice to be given not less than fifteen (15) days prior to the date therein specified. 5. Exxon shall have the right to approve the wording on and design of the sign, which approval shall not be unreasonably withheld. 6. The sign shall be constructed, erected and maintained at the sole cost of Parachute. If the sign is not properly installed or is not properly maintained in the sole judgment of Exxon, Exxon shall have the right, without incurring any liability to Parachute, to remove it. Upon such occurrence the license granted shall terminate and be of no effect. 7. Parachute shall be responsible for obtaining any and all permits and approvals from governmental entities necessary to locate a sign on the premises. The cost of such permits and approvals shall be the responsibility of Parachute. Parachute shall not seek any zoning change or change in county land use plans, if such is required in order to locate a sign on the premises, without the express prior written approval of Exxon. Should Parachute seek such a change without Exxon's approval, this license shall terminate and be of no effect. 8. Upon termination of the license granted herein, Parachute agrees to promptly remove the sign and any supports therefor and restore the premises to a condition comparable to that existing prior to the location of the sign thereon. Should Parachute default in the performance of its reponsibilities under this paragraph, Exxon shall have the right to remove the sign and restore the premises. Parachute shall pay all reasonable costs incurred by Exxon for removal of the sign and restoration of the premises upon receipt of an invoice with sufficient support documentation to explain the invoice charges. 9. Parachute shall comply with applicable worker's compensation laws and shall require any contractors it engages to perform work on the premises to do the same. Parachute further agrees to indemnify and save Exxon harmless from and against all claims, liability and causes of action for injury to, or death of, any person or persons, including persons employed or engaged by Parachute or Exxon, and for damage to or loss of property, resulting from the locating of the sign on the premises or from willful or negligent acts or omissions of Parachute or its agents, employees, representatives or subcontractors relative to the sign. 10. Access across Exxon lands to the sign location is hereby granted; provided, however, that access shall be at a location and along a route specified by Exxon, which location and route may change from time to time. 11. All notices required to be given hereunder shall be considered properly given upon delivering the notice in writing -2- , to the party to be notified, or mailing by registered or certified mail, or sending by electronic communication device such as facsimile transmission, to the party to be notified at such party's address set forth below or such other address as the party may have designated by previous written notice to the other. Parachute Mr. Dave Rousseau Town of Parachute P. O. Box 100 Parachute, Colorado 81635 Exxon Exxon Company, U.S.A. Colony Shale Oil Project P. O. Box 308 Grand Junction, Colorado 81502 Attention Resident Manager with copy to Synthetic Fuels Coordinator, Refining Department, Exxon Company, U.S.A., P. O. Box 2180, Houston, Texas 77252-2180. 12. This agreement may be amended only by express written agreement signed by both parties. The agreement shall be governed by the laws of the State of Colorado. EXECUTED and DELIVERED as of the date first written above. 1TIEST TOWN OF PARACHUTE BY Jj c. c-'-� Town Clerk Mayor -3- EXXON CORPORATION By Agent and Attorney in Fact Tbwn of Parachute SIGN LOCATION Exhibit A-1 (General Description) Being a 1,250 square feet (0.03 acre) parcel of land situated in the northwest one quarter of Section 5, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows (all bearings referenced to the Colorado Coordinate System, Central Zone - Modified): Exhibit A-2 (Specific Description) BEGINNIN;, at the west quarter corner of Section 5, T.7 S., R.95 W., from whence the southwest corner of Section 5, T.7 S., R.95 W. bears 500`03'51"W a distance of 2612.25 feet, with all bearings contained herein being relative thereto; Thence N06'38'52"E, a distance of 1111.35 feet to boundary of the right-of-way to the north frontage Thence departing said right-of-way, N30'28'34"W, a Thence N59'31'26"E, a distance of 50.00 feet; Thence S30'28'344E, a distance of 25.00 feet to a point on the aforementioned right-of-way; Thence along said northerly right-of-way line, S59'31'26"W, a distance of 50.00 feet to the TRUE POINT OF BEGINNING and containing 1,250 square feet (0.03 acres) of land. a point on the northerly road of 1-70; distance of 25.00 feet; • • 87 (1) Setbacks. All signs shall maintain a minimum setback of 10 feet from the street right-of-way line. 5:07.10 Planned Unit Development (P.U.D.) and/or Industrial or Commercial Subdivision. Existing platted commercial or industrial planned unit developments (P.U.D.$) or subdivisions shall be allowed one freestanding sign per development, with one additional identification sign for each business within the development. Sizes shall be compatible with those specified for the underlying County Zone District. That is, the P.U.D. signage limitation shall be compatible to or more restrictive than the County Zone Districts, but shall not be broader in scope than the county requirements. All future developments of this type shall develop a sign code for their proposed uses, which must receive approval from the Garfield County Board of Commissioners and which shall be recorded at the time of P.U.D./Zone Change designation. 5.07.11 Existing or Non -Conforming Signs. Signs existing at the time of the effective date of this ordinance, and not in compliance herewith shall be regarded as non -conforming signs which may continue for a period of eight (8) years from the earliest effective date of the substantive provisions or limitations with which the signs do not comply, if the signs are properly repaired and maintained and in conformance with the other ordinances of the county. At the end of such eight year period, the signs shall be removed. Non -conforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this sign code. (A. 82-90) 5.07.12 Variance. A variance from the strict application of the provisions of this code may be granted by the Garfield County Board of Adjustment, in accordance with the following guidelines: (1) It is the policy of the county to encourage aesthetically pleasing ,signs without substantial interference with the business to which the sign relates. (2) Projecting signs should not substantially obscure any part of another sign relating to another use. (3) Excessively large or tallsigns should be avoided to prevent visual obstruction of the natural scenery within the county. ,. (4) Variances should not be granted which would allow any business use an unfair advertising advantage over any other business use. (5) If it is necessary or reasonable to grant a variance to the strict regulations of this chapter, the sign should be limited in size, height, and location in conformance with the purpose of the sign. • GARFIELD COUNTY PLANNING DEPARTMENT March 2, 1988 Town of Parachute P.O. Box 100 Parachute, CO 81635 ATTN: Dave Rousseau, Town Administrator Dear Dave: Your application for a variance to allow an off-site sign for the Town of Parachute has been scheduled for a public hearing before the zoning Board of Adjustment on March 24, 1988, at 3:30 P.M., in Suite 302, Garfield County Courthouse, 109 8th Street, Glenwood Springs. It is suggested that you be represented at the time of the meeting. Copies of the enclosed notice form must be sent by certified return -receipt mail to all owners of property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing. The return receipts, showing receipt of notice, shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. As proof of receipt of the notice is required prior to hearing, it is recommended that all mailings be completed well in advance of the required five (5) days. In addition, a copy of the enclosed public notice form has been submitted to the Glenwood Post for publication one time, fifteen (15) days prior to the date of the public hearing. The proof of publication must be presented at the hearing by the applicant. You should contact the Glenwood Post directly regarding billing and to obtain the proof of publication. It is also requested that you display the enclosed poster on the site, to assist the Zoning Board of Adjustment in locating and reviewing the request. Please contact this office should you have any further questions. Sincerely, Glenn Hartmann Planner GH/ljb Enclosure 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE Take Notice that the Town of Parachute has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance in connection with the following described property situated in the County of Garfield, State of Colorado; to wit: Legal Description: See Exhibits A-1 and A-2 (attached) Practical Description (location with respect to highway, County roads and residences): Located approximately 1 mile east of Parachute, on the north side of Hwy 6. Said variance is to allow the Petitioner relief from Section 5.07.07(7) to allow an off-site sign on the above described property. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such variance request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variance. This variance request application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. That public hearing on the application for the above variance has been set for the 24th day of March, 1988, at the hour of 3:30 P.M., Garfield County Court House, Suite 302, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • 7bwn of Parachute SIGN LOCATION Exhibit A-1 (General Description) Being a 1,250 square feet (0.03 acre) parcel of land situated in the northwest one quarter of Section 5, 'ibwnship 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows (all bearings referenced to the Colorado Coordinate System, Central Zone -- Modified) : Exhibit A-2 (Specific Description) BEGINNING at the west quarter corner of Section 5, T.7 S., R.95 W., from whence the southwest corner of Section 5, T.7 S., R.95 W. bears 500'03'51"W a distance of 2612.25 feet, with all bearings contained herein being relative thereto; Thence N06'38'52"E, a distance of 1111.35 feet to a point on the northerly boundary of the right-of-way to the north frontage road of I-70; Thence departing said right-of-way, N30'28'34"W, a distance of 25.00 feet; Thence N59°31'26"E, a distance of 50.00 feet; Thence S30'28'34"E, a distance of 25.00 feet to a point on the aforementioned right-of-way; Thence along said northerly right-of-way line, 559'31'26"W, a distance of 50.00 feet to the TRUE POINT OF BEGINNING and containing 1,250 square feet (0.03 acres) of land. Tr .r�i.:..:r.;n',s':1�,..►.:.r,wds.`t �+wa;k.Jad74�'t.YShcrDt".4i�tiiJnr...r,.��.�.r."i1.Kerwa.J►.�JFnk.:,.iv.�r��.w.t ',?� �,., ! '� r '�.: .rXn.. -M•.R �_.;-a.-. at.'u.wi,.r�a e..�L^�:.: Ax�..arS:rl. d.' ZONING BOARD OF ADJUSTMENT MEETING #154 AGENDA 7� 6444E TIME: 3:30 P.M. PLACE: Garfield County Courthouse, Suite 302 DATE: Thursday, March 24, 1988 (1) Call to Order (2) Roll Call (3) Election of Officers (4) Approval of the minutes from May 28, 1987 (5) Request for Variance from Section 5.07.07(7) to Allow an Off -Site Sign Applicant: Town of Parachute (6) Adjournment ZONING BOARD OF ADJUSTMENT Meeting #153 May 28, 1987 MEMBERS PRESENT John Tripp, Chairman Mary Odell Larry Hazelton Leo Jammaron Richard Moolick Danny Gallacher John Tripp called the meeting following members absent: Allan COUNTY STAFF PRESENT Jim Leuthauser, Asst. Cty Attorney Glenn Hartmann, Planner Eleanor Haring, Recording Secretary 3:30 P.M. to order. Roll call was taken with the Bowles and Pete Cabrinha. ELECTION OF OFFICERS FOR 1987 John Tripp made a motion to elect Allan Bowles as Chairman. The motion was seconded by Mary Odell and carried unanimously. John Tripp then made a motion to elect Leo Jammaron as Vice -Chairman, Danny Gallacher seconded the motion and the motion carried unanimously. Mary.Odell made a motion to elect Larry Hazelton as Secretary. Richard Moolick seconded the motion. The motion carried unanimously. The minutes of April 23, 1987 were approved as written by a motion from Richard Moolick and a second by Leo Jammaron. The motion carried unanimously. CONTINUED PUBLIC HEARING FOR VARIANCE FROM SECTION 5.04.03, LOT AREA, RESTRICTIONS BASED ON SEWAGE DISPOSAL METHOD - Doris M. and Daniel G. Hunt. John Tripp relinquished his vote in this matter because he was not present at the previous meeting and also the fact that he knew Mrs. Hunt personally. Mr. Tripp appointed Mr. Moolick and Mr. Gallacher as voting members on this item. Glenn Hartmann entered the Amended Project Information and Staff Comments as Exhibit G. Larry Hazelton made a motion to accept the exhibit which was seconded by Richard Moolick. The motion carried unanimously. Mr. Hartmann summarized the staff report stating that the Hunt property includes a single family home which is currently being used as a two family dwelling. Subsequent to the previous continuation of this Public Hearing, the Board of County Commissioners did hear Mrs. Hunt's request for Subdivision Exemption on May 11, 1987. At that public meeting, they failed to approve her request, siting the small lot sizes and individual sewage disposal systems. Under Major Issues and Concerns, Mr. Hartmann noted #5 & 116 which state: "Due to the failure of the Board of County Commissioners to approve the creation of the lots on which Mrs. Hunt is requesting'the variance, no hardship presently exists." and "Mrs. Hunt has verbally requested an additional continuance of this public hearing to allow her to further investigate her subdivision options." Mr. Hartmann said Staff Recommendation is continuance of the public hearing to a date certain. Doris Hunt spoke of her intent to pursue all possibilities despite the recent denial on the part of the County Commissioners. Mrs. Hunt said she would appreciate a favorable approval on the part of the Zoning Board of Adjustment of the individual sewage disposal system conditional on the creation of the lot. Mrs. Hunt referred to the letter from the engineer who advised that sewage disposal systems could be constructed on both lots with the availability of central water. Larry Hazelton said he had a problem discussing a variance does not exist. Mr. Hazelton said if the lot was created, more comfortable with the request for variance. Leo Jammaron said the Zoning Board of Adjustment has never before the lot was created. Doris Hunt said she hoped that the Board of Adjustment would or vote against but approve a continuance. on a lot that he would feel done anything not drop it, Larry Hazelton stated that in regard to the continuance, the Board could not go on forever. Would it just be continued until the next regular meeting? Mr. Hartmann thought it might be appropriate to continue the request until the July meeting of the Zoning Board of Adjustment. Mrs. Hunt said she felt this would give her the time to complete all the details that she had to work out. Mary Odell said that one of the guidelines that this Board had to follow was hardship caused by zoning and she did not see that in this case. Glenn Hartmann said that what Mrs. Hunt has represented in the past that the basis for her variance request was the fact that the central sewer system is distant from her lot and with the central sewage disposal system on her lot she would be allowed in her zone district to have a 1/2 acre lot size. John Tripp asked if Mrs. Hunt. Mrs. Hunt said that would be mile away and the engineered deal less. could hook into the central sewer. a hardship because the system is 3/10 of a sewage disposal system would costa great Mrs. Hunt gave Dean Gordon's estimated expense of a system as around $3000 and she said that since her husband could do the excavating, a good deal would be saved right there. Glenn Hartmann said a continuance until July 23, 1987 is what is being requested. Danny Gallacher made a motion to close the public part of the hearing with a second from Leo Jammaron. The motion carried with all ayes. Richard Moolick made a motion to continue the hearing until July 23, 1987 at 3:30 P.M., with a second from Leo Jammaron. The motion carried unanimously. REQUEST FOR VARIANCE FROM SECTION 5.05.03 (8) ACCESSORY STRUCTURE IN REQUIRED YARDS —Joseph A. Scott and the Joseph A. Scott 1979 Trust #1. Jim Leuthauser affirmed that the notices were properly given with the exception of the notice to Steve and Theresa Seale which had been mailed but no proof of receipt returned. Upon hearing the statement of Jim Ellis of 718 Bennett, Glenwood Springs, CO, who was sworn in as a representative of the Scotts, that Sharon Stevens of Vicki.Lee Green & Assoc., managers of the Seale property, had also been personally notified, Mr. Leuthauser indicated that it is up to the Zoning Board of Adjustment to determine if this constitutes appropriate notice. Larry Hazelton remarked that the forwarding and return -receipt process sometimes takes three to four weeks and he made a motion to accept the notices with a second from Mary Odell. The motion carried unanimously. Glenn Hartmann entered the following exhibits: A. Proof of publication B. Mailings C. Application D. Staff Report Larry Hazelton made a motion to accept the exhibits, with a second from Richard Moolick. The motion carried with all ayes. Glenn Hartmann gave the history of the application as follows: The applicant did apply for and receive conditional approval of the requested variance to construct a six foot high fence within their required front yard setback, in September, 1986. Subsequent to that approval, the County Attorney's office advised that the variance application was not valid because the actual property owner, the Joseph A. Scott 1979 Trust #1 had not made the variance request. Proper application by the Trust has been received with the appropriate signature. One the concerns, Mr. Hartmann said, at the previous meeting was snow removal and that has been addressed by widening of the road and improvement of the road. Mr. Gallacher asked if the fence was already up. Mr. Hartmann said yes. Mr. Hartmann referred to the Findings in the Staff Report which are as follows: 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. Staff ReCommendation, Mr. Hartmann, said was approval of a variance from Section 5.05.03 (8) to allow a six foot fence within a required front yard. -Leo Jammaron made a motion to close the public hearing with a second from Mary Odell. The motion carried unanimously. Larry Hazelton made a motion to approve the request for variance with the Suggested Findings. Richard Moolick seconded the motion. The motion carried unanimously. Danny Gallacher made a motion to adjourn the meeting with a second from Leo Jammaron. The motion carried unanimously. Respectfully submitted, Larry Hazelton Secretary LH/emh REQUEST: BOA 3/24/88 PROJECT INFORMATION AND STAFF COMMENTS Request for Variance from Section 5.07.07(7) to Allow an Off -Site Sign APPLICANT: Town of Parachute LOCATION: A parcel of land situated in the NW 1/4, Section 5, T7S, R95W; located approximately 1 mile east of Parachute on the north side of Hwy 6. SITE DATA: The site consists of 0.03 acres. EXISTING ZONING: R/L (Resource Lands), gentle slopes and lower valley floor ADJACENT ZONING: A/R/RD and R/L, gentle slopes and lower valley floor I. RELATIONSHIIP TO THE COMPREHENSIVE PLAN The site is located in the Parachute Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is generally level, with native vegetation, and is located immediately adjacent to the highway right-of-way. The 0.03 acre site is a portion of a larger tract owned by Exxon and is not a separate parcel. B. Project Descriytion: The applicant proposes to locate a "Welcome to Parachute" sign on the site. The sign would be 88 sq. ft. in size and would also identify some recreational activities in the area (See Page ), 111. MAJOR ISSUES AND CONCERNS 1. Section 5.07.07(7) states that "signs shall identify or advertise only interests conducted on the lot of the sign location, unless the Board of Adjustment, upon request, determines that an off-site sign conforming to the district regulation in which the sign is located is necessary to promote the interests of the use to which it relates." 2. The proposed sign is less than the maximum 90 sq. ft. allowed in the R/L, gentle slopes and lower valley floor zone district. 3. The Zoning Resolution does allow for variances to the sign code,provided that •the variance would not allow any business an unfair advertising advantage over any other business (See Page /J ) . A sign promoting the - Town of Parachute would benefit the business community as a whole and would not create any unfair advantages. However, no individual businesses or interests should be noted on the sign. 4. The sign must receive approval as necessary from the State Department of Highways, or the applicant demonstrate that it is in compliance with the State regulations. The application has been referred to the State, with no written comments received at this time. IV. SUGGESTED FINDINGS I. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. /(//V. RECOMMENDATION APPROVAL of a variance from Section 5.07.07(7) to allow an off-site sign for the Town of Parachute, subject to the following conditions: 1. That the applicant receive approval from the State Highway Department for the sign. That the sign promotes the Town of Parachute as a whole, and that no individual businesses or interests be identified on the sign. C The (Town of Parachute P. 0. Box 100 222 Grand Valley Way Parachute, Colorado 81635 303/ 285-7630 NAft(- MAR 11988 GARFiELD COUNTY February 26, 1988 Garfield County Planning Department Mr, Mark Bean 109 8th Street Suite #303 Glenwood Springs, CO 81601 RE: Sign Variance Request Dear Mark: The Town of Parachute Garfield Count is requesting Garfield 7, o Sign Code requirements per variance per Su Private locate a "Welcome to Section 5.07.07 private property approximately Parachute" Sign theon the northuside Limits, one ( signe east of facingState Highway° 6,sted location is west bound traffic on 1-70. Y at mile marker 76, With the interest shown in felt theh she wound the Parachute butl it would not only identify area, it is benefit the community Y the Parachute area, Proposed sign location would Y as a whole, to slow down g and a give travelers The exit 1-70 at the Parachute ample time ExxonThe Corown has entered into a Corporation to License Agreement with their property. Place the sign on a small of License A Please find enclosed a section executed(GenDescription), Sign Location ExhibitA-1e plus tops a ption), Exhibit A-2 slue p showing the approximatep hyliccific l location area sand a Zerox copy of the Physical location q of the sign will be proposed sign. The total Should to contact me. square feet. free you need additional information please feel Thank you for your prompt attention to our request. Sincerely, enc Dave Rousseau Town Administrator 12' aw _, •.l, Il LL;.n , 62500, )' 1 I�\JI ), rJ/ _ 1` ` i'--- 1 V'- H %N. R d5n 2 J:r 'SS 'r A *l+7, I i 6'' , 2i)\-��s'` +� r _ ` r .N �", \\. : / .0,1. '• ,L\ 4 p,o' +, '' . • �o. oas. .�‘, . .,ao ••'? 1 12 » rs • •a • 7cyiaiit"• , ♦ 3• )�' hn .rl, reld G/A go:CC A 7 C- �•1 • , V I r" • Mon • - • menl� 1 M. -\ > • `• rt • 'L • • • iN .1 • • K LICENSE AGREEMENT This agreement, Januar munzci ", made and l98t effective to pal corporation of and between the as of the day rred cot as "Parachute," the State of TOWN of p of potation, hereachuinfref referred to "Exxon." here C r a RATION refs attached Exxon owner of as Exxon.► � a New Jersey Portion ofParachute certaindesires lands describe amenities. such lands to d in Exhibit a sign advertising and maintain A-1 ng Parachute and on theein°W' THEREFORE, inconsiderationits contains and Parties of agree as folloone dollar paid by the mutual Exxon, 1. Exxon Parachute Exxonpromises - subject to n grants to to described xol of the Parachute a license in Exhibit A-2 eatta h d conditions to occupy,t hereto °ns hereof, thand Use, 5�9n solely 2. The hthe premises be premises may of approximate poses oof erecting the occupied andused size by Parachute 3. Th e 8 feet high and and maintaining through -der of h om • feet wi�e. g a shall be , 77 nse shall F �i3 f1? elects tofor�consec provided, extended howevfer hat th 19b'� provisions ofterminate this.utive one-year r, that 8 Para licenSe the term paragraph four herein. in accordance 4. Subsequent with paths either quant to the Partthird Y mayyear o f reason her part giving written en no this licenseof the term m (15) days ion, such entnotice to thtat many time and for of the license, Prior to the date- to be given not specifying the datane there' pacified. less. fifteen withheld. gn • °f the shall have the right than sign, which approvalshallto approve the wording on not be unreasonably pattvw 0114004. 6. The sign shall be constructed, erected and maintained at the sole cost of Parachute. If the sign is not installed or is notproperly Exxon, Exxon shall properly l the maintained ight,without in the so incle urring any liability to Parachute, to remove it. Upon such occurrence the license granted shall terminate and be of no effect. 7. Parachute shall be responsible for obtaining any and all permits and approvals from governmental entities necessary to locate a sign on the premises. The cost of such permits approvals shall be the responsibility of Parachute.Parachute shall not seek any zoning change or change in county land use plans, if such is required in order to locate a sign on the premises, without the express prior written approval Should Parachute seek such a change without Exxon's fapproval,rxon this license shall terminate and be of no effect. t 8. Upon termination of the license granted herein, Parachute agrees to promptly remove the sign and anysu orts therefor and restore the premises to a condition comarable rto that existing prior to the location of the sign thereon. Should Parachute default in the performance of its reponsibilities under this paragraph, Exxon shall have the right to remove the sign and restore the premises. Parachute shall pay all reasonable costs incurred by Exxon for removal of the sign and restoration of the premises upon receipt of an invoice with sufficient support documentation to explain the invoice charges. 9. Parachute shall comply with applicable worker's compensation laws and shall require any contractors it engages to perform work on the premises to do the same. Parachute further agrees to indemnify and save Exxon harmless from and against all claims, liability and causes of action for injury to, or death of, any person or persons, including loe by Parachute or Exxon, and for damage tos n ore o ss of op eengrgyd resulting from the locating of the sign on the premises orfrom willful or negligent acts or omissions of Parachute or its agents, employees, representatives or subcontractors relative to the sign. 10. Access across .Exxon lands to the sign location is hereby granted; provided, however, that access shall •be at a location and along a route specified by Exxon, which location and route may change from time to time. 11. All notices required to be given hereunder shall be considered properly given upon delivering the notice in writing -2- •�+..�j-�`y'y�CF�Wi <:/abLX�ca.. %� +�#-'j:?�°Ny Fief e..'w�i iS,:�i'� f E...r ..rf. , w - "�,r":`1'�f!'4�tn *'' a=>�' '".1 i4 ,.Fey.. t.- .- S.'. r i S ti'�4. _.ae i y'. .•:.`i a.. .'.y, 6�j M_.*Mt�Li.r�a .- ;'%!!�s ?�.ti.+"i;r: x/. iw.Y iC-`�G4R'7 • to the party to be notified, or mailing by registered or certified mail, or sending by electronic communication device such as facsimile transmission, to the party to be notified at such party's address set forth below or such other address as the party may have designated by previous written notice to the other. Parachute Mr. Dave Rousseau Town of Parachute P. O. Box 100 Parachute, Colorado 81635 Exxon Exxon Company, U.S.A. Colony Shale oil Project P. O. Box 308 Grand Junction, Colorado 81502 Attention Resident Manager with copy to Synthetic Fuels Coordinator, Refining Department, Exxon Company, U.S.A., P. O. Box 2180, Houston, Texas 77252-2180. 12. This agreement may be amended only by express written agreement signed by both parties. The agreement shall be governed by the laws of the State of Colorado. EXECUTED and DELIVERED as of the date first written above. ST Town Clerk -3- TOWN OF PARACHUTE By Mayor EXXON CORPORATION By Agent and Attorney in Fact lbw of Parachute SIGN LOCATION Exhibit A-1 (General Description) Being a 1,250 square feet (0.03 acre) parcel of land situated in the northwest one quarter of Section 5, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows (all bearings referenced to the Colorado Coordinate System, Central Zone - Modified): Exhibit A-2 (Specific Description) BEGINNING at the west quarter corner of Section 5, T.7 S., R.95 W., from whence the southwest corner of Section 5, T.7 S., R.95 W. bears S00'03'51"w a distance of 2612.25 feet, with all bearings contained herein being relative thereto; Thence N06'38'52"E, a distance of 1111.35 feet to a point on the northerly boundary of the right-of-way to the north frontage road of 1-70; Thence departing said right-of-way, N30'28'34"W, a distance of 25.00 feet; Thence N59'31'26"E, a distance of 50.00 feet; Thence S30'28'34"E, a distance of 25.00 feet to a point on the aforementioned right-of-way; Thence along said northerly right-of-way line, S59'31'26"W, a distance of 50.00 feet to the TRUE POINT OF BEGINNING and containing 1,250 square feet (0.03 acres) of land. i• . r . 87 (1) Setbacks. All signs shall maintain a minimum setback of 10 feet from the street right-of-way line. 5:07.10 Planned Unit Development (P.U.D.) and/or Industrial or Commercial Subdivision. Existing platted commercial or industrial planned unit developments (P.U.D.$) or subdivisions shall be allowed one freestanding sign per development, with one additional identification sign for each business within the development. Sizes shall be compatible with those specified for the underlying County Zone District. That is, the P.U.D. signage limitation shall be compatible to or more restrictive than the County Zone Districts, but shall not be broader in scope than the county requirements. All future developments of this type shall develop a sign code for their proposed uses, which must receive approval from the Garfield County Board of Commissioners and which shall be recorded at the time of P.U.D./Zone Change designation. 5.07.11 Existing or Non -Conforming Signs. Signs existing at the time of the effective date of this ordinance, and not in compliance herewith shall be regarded as non -conforming signs which may continue for a period of eight (8) years from the earliest effective date of the substantive provisions or limitations with which the signs do not comply, if the signs are properly repaired and maintained and in conformance with the other ordinances of the county. At the end of such eight year period, the signs shall be removed. Non -conforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this sign code. (A. 82-90) 5.07.12 Variance. A variance from the strict application of the provisions of this code may be granted by the Garfield County Board of Adjustment, in accordance with the following guidelines: (1) It is the policy of the county to encourage aesthetically pleasing signs without substantial interference with the business to which the sign relates. (2) Projecting signs should not substantially obscure any part of another sign relating to another use. (3) Excessively large or tallsigns should be avoided to prevent visual obstruction of the natural scenery within the county. (4) Variances should not be granted which would allow any business use an unfair advertising advantage over any other business use. (5) If it is necessary or reasonable to grant a variance to the strict regulations of this chapter, the sign should be limited in size, height, and location in conformance with the purpose of the sign. .}5 ixdrn�lii7i.1 7w4..ka::tiFY • r c wFan++fi�.i:twi. �.�.�:.�:4,r,�' r;.4�d'w e..11 � �.�.✓.I�.tiw &i��"at:Sril. V,�'4:i.`.'. l/ ZONING BOARD OF ADJUSTMENT MEETING #154 AGENDA TIME: 3:30 P.M. PLACE: Garfield County Courthouse, Suite 302 DATE: Thursday, March 24, 1988 (1) Call to Order (2) Roll Call (3) Election of Officers (4) Approval of the minutes from May 28, 1987 (5) Request for Variance from Section 5.07.07(7) to Allow an Off -Site Sign Applicant: Town of Parachute (6) Adjournment MEMBERS PRESENT John Tripp, Chairman Mary Odell Larry Hazelton Leo Jammaron Richard Moolick Danny Gallacher ZONING BOARD OF ADJUSTMENT Meeting #153 May 28, 1987 3:30 P.M. COUNTY STAFF PRESENT Jim Leuthauser, Asst. Cty Attorney Glenn Hartmann, Planner Eleanor Haring, Recording Secretary John Tripp called the meeting to order. Roll call was taken with the following members absent: Allan Bowles and Pete Cabrinha. ELECTION OF OFFICERS FOR 1987 John Tripp made a motion to elect Allan Bowles as Chairman. The motion was seconded by Mary Odell and carried unanimously. John Tripp then made a motion to elect Leo Jammaron as Vice -Chairman, Danny Gallacher seconded the motion and the motion carried unanimously. Mary Odell made a motion to elect Larry Hazelton as Secretary. Richard Moolick seconded the motion. The motion carried unanimously. The minutes of April 23, 1987 were approved as written by a motion from Richard Moolick and a second by Leo Jammaron. The motion carried unanimously. CONTINUED PUBLIC HEARING FOR VARIANCE FROM SECTION 5.04.03, LOT AREA RESTRICTIONS BASED ON SEWAGE DISPOSAL METHOD - Doris M. and Daniel G. Hunt. John Tripp relinquished his vote in this matter because he was not present at the previous meeting and also the fact that he knew Mrs. Hunt personally. Mr. Tripp appointed Mr. Moolick and Mr. Gallacher as voting members on this item. Glenn Hartmann entered the Amended Project Information and Staff Comments as Exhibit G. Larry Hazelton made a motion to accept the exhibit which was seconded by Richard Moolick. The motion carried unanimously. Mr. Hartmann summarized the staff report stating that the Hunt property includes a single family home which is currently being used as a two family dwelling. Subsequent to the previous continuation of this Public Hearing, the Board of County Commissioners did hear Mrs. Hunt's request for Subdivision Exemption on May 11, 1987. At that public meeting, they failed to approve her request, siting the small lot sizes and individual sewage disposal systems. Under Major Issues and Concerns, Mr. Hartmann noted #5 & #6 which state: "Due to the .failure of the Board of County Commissioners to approve the creation of the lots on which Mrs. Hunt is requesting the variance, no hardship presently exists." and *Mrs. Hunt has verbally requested an additional continuance of this public hearing to allow her to further investigate her subdivision options." Mr. Hartmann said Staff Recommendation is continuance of the public hearing to a date certain. Doris Hunt spoke of her intent to pursue all possibilities despite the recent denial on the part of the County Commissioners. Mrs. Hunt said she would appreciate a favorable approval on the part of the Zoning Board of Adjustment of the individual sewage disposal system conditional on the creation of the lot. Mrs. Hunt referred to the letter from the engineer who advised that sewage disposal systems could be constructed on both lots with the availability of central water. Larry Hazelton said he had a problem discussing a variance on a lot that does not exist. Mr. Hazelton said if the lot was created, he would feel more comfortable with the request for variance. Leo Jammaron said the Zoning Board of Adjustment has never done anything before the lot was created. Doris Hunt said she hoped that the Board of Adjustment would not drop it, or vote against but approve a continuance. Larry Hazelton stated that in regard to the continuance, the Board could not go on forever. Would it just be continued until the next regular meeting? Mr. Hartmann thoughtit might be appropriate to continue the requestuntil the July meeting of the Zoning Board of Adjustment. Mrs. Hunt said she felt this would give her the time to complete all the details that she had to work out. Mary Odell said that one of the guidelines that this Board had to follow was hardship caused by zoning and she did not see that in this case. Glenn Hartmann said that what Mrs. Hunt has represented in the past that the basis for her variance request was the fact that the central sewer system is distant from her lot and with the central sewage disposal system on her lot she would be allowed in her zone district to have a 1/2 acre lot size. John Tripp asked if Mrs. Hunt could hook into the central sewer. Mrs. Hunt said that would be a hardship because the system is 3/10 of a mile away and the engineered sewage disposal system would cost a great deal less. Mrs. Hunt gave Dean Gordon's estimated expense of a system as around $3000 and she said that since her husband could do the excavating, a good deal would be saved right there. Glenn Hartmann said a continuance until July 23, 1987 is what is being requested. Danny Gallacher made a motion to close the public part of the hearing with a second from Leo Jammaron. The motion carried with all ayes. Richard Moolick made a motion to continue the hearing until July 23, 1987 at 3:30 P.M., 'with a second from Leo Jammaron. The motion carried unanimously. REQUEST FOR VARIANCE FROM SECTION 5.05.03 (8) ACCESSORY STRUCTURE IN REQUIRED YARDS - Joseph A. Scott and the Joseph A. Scott 1979 Trust #1. Jim Leuthauser affirmed that the notices were properly given with the exception of the notice to Steve and Theresa Seale which had been mailed but no proof of receipt. returned. Upon hearing the statement of Jim Ellis of 718 Bennett, Glenwood Springs, CO, who was sworn in as a representative of the Scotts, that Sharon Stevens of Vicki Lee Green & Assoc.-, managers Of the Seale property, had also been personally notified, Mr. Leuthauser indicated that it is up to the Zoning Board of Adjustment to determine if this constitutes appropriate notice. Larry Hazelton remarked that the forwarding and return -receipt process sometimes takes three to four weeks and he made a motion to accept the notices with a second from Mary Odell. The motion carried unanimously. Glenn Hartmann entered the following exhibits: A. Proof of publication B. Mailings C. Application D. Staff Report Larry Hazelton made a motion to accept the exhibits, with a second from Richard Moolick. The motion carried with all ayes. Glenn Hartmann gave the history of the application as follows: The applicant did apply for and receive conditional approval of the requested variance to construct a six foot high fence within their required front yard setback, in September, 1986. Subsequent to that approval, the County Attorney's office advised that the variance application was not valid because the actual property owner, the Joseph A. Scott 1979 Trust #1 had not made the variance request. Proper application by the Trust has been received with the appropriate signature. One the concerns, Mr. Hartmann said, at the previous meeting was snow removal and that has been addressed by widening of the road and improvement of the road. Mr. Gallacher asked if the fence was already up. Mr. Hartmann said yes. Mr. Hartmann referred to the Findings in the Staff Report which are as follows: 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. Staff Recommendation, Mr. Hartmann, said was approval of a variance from Section 5.05.03 (8) to allow a six foot fence within a required front yard. Leo Jammaron made a motion to close the public hearing with a second from Mary Odell. The nation carried unanimously. Larry Hazelton made a motion to approve the request for variance with the Suggested Findings. Richard Moolick seconded the motion. The motion carried unanimously. Danny Gallacher made a motion to adjourn the meeting with a second from Leo Jammaron. The motion carried unanimously. Respectfully submitted, Larry Hazelton Secretary UVeh REQUEST: BOA 3/24/88 PROJECT INFORMATION AND STAFF COMMENTS Request for Variance from Section 5.07.07(7) to A11ow an Off -Site Sign APPLICANT: Town of Parachute LOCATION: A parcel of land situated in the NW 1/4, Section 5, T7S, R95W; located approximately 1 mile east of Parachute on the north side of Hwy 6. SITE DATA: EXISTING ZONING: ADJACENT ZONING: The site consists of 0.03 acres. R/L (Resource Lands), gentle slopes and lower valley floor A/R/RD and R/L, gentle slopes and lower valley floor I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in the Parachute Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is generally level, with native vegetation, and is located immediately adjacent to the highway right-of-way. The 0.03 acre site is a portion of a larger tract owned by Exxon and is not a separate parcel. B. Project Description: The applicant proposes to locate a "Welcome to Parachute" sign on the site. The sign would be 88 sq. ft. in size and would also identify some recreational activities in the area (See Page )_ III. MAJOR ISSUES AND CONCERNS 1. Section 5.07.07(7) states that "signs shall identify or advertise only interests conducted on the lot of the sign location, unless the Board of Adjustment, upon request, determines that an off-site sign conforming to the district regulation in which the sign is located is necessary to promote the interests of the use to which it relates." 2. The proposed sign is less than the maximum 90 sq. ft. allowed in the R/L, gentle slopes and lower valley floor zone district. 3. The Zoning Resolution does allow for variances to the sign code, provided that the variance would not allow any business an unfair advertising advantage over any other business (See Page /.3. ). A sign promoting the .Town of Parachute would benefit the business community as a whole and would not create any unfair advantages. However, no individual businesses or interests should be noted on the sign. 4. The sign must receive approval as necessary from the State Department of Highways, or the applicant demonstrate that it is in compliance with the State regulations. The application has been referred to the State, with no written comments received at this time. IV. SUGGESTED FINDINGS 1. That the application for variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the hearing. V. RECOMMENDATION APPROVAL of a variance from Section 5.07.07(7) to allow an off-site sign for the Town of Parachute, subject to the following conditions: 1. That the applicant receive approval from the State Highway Department for the sign. 2. That the sign promotes the Town of Parachute as a whole, and that no individual businesses or interests be identified on the sign.