HomeMy WebLinkAbout2.0 BOA Staff Report 06.25.2018Garfield County Board of Adjustment
Public Hearing Exhibits
Tribble Setback Variance
(File VARA -04-18-8637)
Public Hearing — June 25, 2018
Applicants: Chris and Susan Tribble
Exhibit
Number
Exhibit Description
1
Public Notice Hearing Information Form & Attachments
2
Garfield County Land Use and Development Code, as amended
3
Garfield County Comprehensive Plan of 2030
4
Application
5
Staff Report
6
Staff Presentation
7
Referral Comments from Colorado Department of Transportation,
Dated 5/23/2018
8
Referral Comments from Mountain Cross Engineering, Dated
6/12/2018
9
Referral Comments from Garfield County Chief Building Official, Dated
6/15/2018
10
Referral Comments from Garfield County Road and Bridge, Dated
5/23/2018
Exhibit 5
Board of Adjustment 6/25/18
VARA -04-18-8637
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Variance from the Front Yard Setback
APPLICANT/PROPERTY OWNER Chris and Susan Tribble
ASSESSOR'S PARCEL # 2393-274-00-006
PROPERTY SIZE 0.69 acres
LOCATION The property is located at 12644 Highway 82,
Carbondale, CO 81623, approximately 3/4 mile
east of the Town of Carbondale.
LEGAL DESCRIPTION
ACCESS
EXISTING ZONING
A Tract of land in Lot 9, Section 27, Township 7
South, Range 88 West of the 6th P.M. further
described in a Warranty Deed, Recorded on
August 14, 1998 at Reception No. 530534 with
the Garfield County Clerk and Recorder.
Private drive access off of Highway 82
The property is zoned (R) Rural
The application requests a variance from the front yard setback for the purposes of
constructing a carport on the front southeast corner of their property, to also function as
a sound barrier for their property. The property is zoned Rural (R) and a 50 -foot front
yard setback is required from Highway 82. The Applicant proposes and shows on their
site plan a reduction in the front yard setback down to 15 feet.
LOCATION - SITE DESCRIPTION - IMPROVEMENTS
The property is improved with an existing single-family residence, driveway and
landscaping associated with the residential use. The site is generally level adjacent to
Highway 82, sloping up to the north away from the highway.
1
Figure 1: Context Map
Figure 2: Aerial View of Subject Property
The single family home is situated in the middle of the parcel with landscaping on all four
sides. Both an older wood fence and newer deer fence run parallel to the highway along
2
the southern boundary of the parcel. An asphalt driveway accesses off Highway 82 from
the southeastern edge of the property. A utility easement exists just north of the driveway
on the eastern side of the house and a ditch runs along the northern boundary of the
parcel.
.013711
Figure 3: Overall Site Plan
III. BACKGROUND- HISTORY
The existing single-family home was built in 1969 when Highway 82 was a two-lane road.
The early 1990s saw the expansion of this portion of Highway 82 to four lanes between
Carbondale and Basalt. This led to significant increases in traffic volumes and noise
associated with the highway as populations and infrastructure demands in the Roaring
Fork Valley expanded.
IV. PUBLIC COMMENTS & REFERRAL AGENCY COMMENTS
Public Notice was provided for the Public Hearing in accordance with the Garfield
County Land Use and Development Code as amended. Notice included mailing
to adjacent property owners within 200 feet. No evidence of mineral rights owners
was identified by the Applicant's research. Publication and posting of the property
was also completed. Comments from referral agencies and County Departments are
summarized below and attached as Exhibits.
3
1. Colorado Department of Transportation, Dan Roussin, Permit Unit Manager, had no
comments on the issue.
2. Garfield County Designated Engineer, Chris Hale of Mountain Cross Engineering,
recommended the applicant verify if there are any easements, utilities or other
encumbrances in the area proposed for the carport.
3. Garfield County Road and Bridge, Mike Prehm, Foreman, had no concerns with the
application.
4. No comments from any adjoining property owners were received.
STAFF COMMENTS AND ANALYSIS
VARIANCE CRITERIA
In accordance with the Land Use and Development Code, the Application is reviewed
based on the criteria contained in Section 4-115 (c) of the Land Use and Development
Code. After careful consideration, it is Staff's opinion that the Application does not
adequately meet the criteria required to grant a variance. The criteria is outlined
below, in italics with the Staff Analysis shown in bold.
The following standards shall be satisfied for approval of a request for variance from
specific regulatory provisions of this Code:
1. Special Circumstances or Conditions Exist. One or more of the following
circumstances or conditions exist with respect to the specific property:
a. Exceptional narrowness, shallowness, or shape of the property at the time of
the enactment of the regulation in question;
• The configuration of the lot, significantly smaller than the minimum lot size in
the Rural Zone District, makes it more difficult to accommodate all the typical
improvements and setbacks including OWTS and the domestic well, along with
driveway easements and irrigation/drainage easements referenced on the
Applicants site plan and supplements.
• While the lot has a narrower depth than width it maintains a fairly typical
configuration and can accommodate the current single family residence
maintaining compliance with all required setbacks. No exceptional conditions
of the lot were noted by staff.
4
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Figure 4: Detailed Site Plan
b. Exceptional topographic conditions of the property; and
• The lot is fairly level adjacent to Highway 82, sloping moderately up to
the east. No exceptional topographic features were identified on the
property.
c. Other extraordinary and exceptional situations or conditions of the property.
• The Application identifies a number of easements (access and irrigation) on
the property that constrain options for additional development of a carport.
• The Application also identifies a significant tree and existing vegetation that
further limit options for the siting of a carport.
5
• The need and desirability of additional noise mitigation from Highway 82 is
noted in the Application submittals. Noise mitigation is not included as a
Variance Approval Criteria but may factor into the Board's discussion of
other options.
• While these conditions are noteworthy, whether they rise to the level of
extraordinary and exceptional conditions is not supported by the applicant's
ability to make use of the property for the existing single family dwelling in
compliance with required setbacks.
• Community Development Staff is currently reviewing the effectiveness of
setback definitions contained in the Land Use and Development Code.
Consideration of allowing an alternate measurement of setbacks from the
paved surface of the adjacent roadway is being considered. The Applicant's
property line is approximately 19 feet from the edge of the paved shoulder
of Highway 82 and 30 feet from the closest travel lane, affording an additional
level of setback.
2. Not a Result of the Actions of Applicant. The special circumstances and
conditions have not resulted from any act of the Applicant.
The special conditions noted above are generally not the result of the Applicant's
actions. Changes in the character of Highway 82 including significant increases in
traffic volume are noted in the submittals and not a result of the Applicant's
actions.
3. Strict Application Consequence. Because of the special circumstances and
conditions found pursuant to section 4-115.C.1., the strict application of the
regulation would result in peculiar and exceptional, practical difficulties to, or
exceptional and undue hardship on, the owner of the property.
Because Staff has not found the application to meet the special circumstances and
conditions criteria found pursuant to Section 4-115.C.1, the strict application of the
regulation would not result in peculiar and exceptional, practical difficulties to, or
exceptional and undue hardship on, the owner of the property. While the noise
issues associated with the Highway are noteworthy, these conditions do not hinder
the owners from making use of their property.
4. Variance is Necessary for Relief. The granting of the variance from the strict
application of the provisions set forth in this Code is necessary to relieve the
owner of the peculiar and exceptional, practical difficulties or exceptional and
undue hardship.
6
The Application has not successfully proven that a variance allowing a carport
constructed in the setback in the front southeast corner of the property would
successfully mitigate noise issues associated with Highway 82.
5. Not Detrimental to the Public Good. Granting the variance will not cause
substantial detriment to the public good.
Setbacks exist to ensure uniform appearance along corridors and prevent
structures from crowding adjacent land uses or streets as well as ensure public
safety by allowing site triangles at intersections with no obstructions in the right-
of-way. Although a significant portion of the setback would be obscured by the
construction of the carport, it is Staff's opinion that it would not obstruct the clear
view needed for safe access onto and off of Highway 82 nor would it negatively
impact neighboring property owners. In addition, Colorado Department of
Transportation did not take issue with the proposal. The granting of the variance
would not be a detriment to the public good.
6. Variance Will Not Impair the County's Zoning. Granting the variance will not
substantially impair the intent and purpose of this Code.
Granting of a variance based on the desire or need for a carport is inconsistent
with the intent and purposed of the Land Use and Development Code that provides
clearly for a required setback of 50 feet on arterial roadways.
Some unique and exceptional conditions associated with the Applicant's property,
may be considered in support of a modified/conditioned variance approval that
would not impair the intent of the Land Use and Development Code (see staff
recommendation options).
ARTICLE 7 - STANDARDS
Article 7 topics applicable to the variance request are noted below with Staff Comments
shown in bold below each topic.
7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility
In its current state, the property does not conform to the Rural zone district
minimum lot size of 2 acres as it is only 0.69 acres in size. The proposal is in general
conformance with the Comprehensive Plan as no new dwelling units are proposed
that would increase density. The addition of a carport on the parcel would generally
be compatible with surrounding land uses.
7-107: Access & Roadways
7
No changes to access and roadways are proposed except for extension of the
driveway to access the proposed carport. If granted, this driveway would need to
be compliant with all Garfield County driveway standards.
7-301 & 302: Compatible Design, Parking, and Loading
Save for its location in the setback, the proposed carport and related circulation
patterns are typical for a single-family dwelling.
7-304: Lighting
If granted the variance, lighting on the carport shall be required to be in compliance
with the Land Use and Development Code.
Q FO DEMI
1. That proper public notice was provided as required for the hearing before the
Board of Adjustment.
2. The hearing before the Board of Adjustment was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons the Tribble application for a variance
from the front yard setback submitted by Chris and Susan Tribble is not in the best interest
of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
4. That with the adoption of conditions, the application is not in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the application has not adequately met the requirements of the Garfield
County Land Use and Development Code, as amended, including the Variance Review
Criteria contained in Section 4-115 (C).
Option A - Denial
As noted in the Suggested Findings and in the Staff Analysis the request does not
generally meet the Variance Approval Criteria. A motion for denial needs to include
reference to the Suggested Findings for Denial and authorize the Chairman and
Secretary to sign a resolution for denial.
Option B - Modified Approval with Conditions
8
As noted in the Staff Analysis, the intent of the Zoning Code Front Yard Setback may be
supported through a modified Variance Approval granting a partial reduction in the front
yard setback. Suggested conditions are outlined below:
1. That all representations made by the Applicant in the application shall be
conditions of approval unless specifically altered by the conditions of approval.
2. That the variance request is granted to allow a reduction in the front yard setback
to allow the construction of a six foot fence within a 5 foot setback from the front property
line to facilitate noise reduction on the Applicant's property.
3. That the required sight triangle at the driveway access onto Highway 82 shall be
maintained in compliance with the Land Use and Development Code including the
removal of any vegetation or obstructions to said sight triangle.
A motion for modified approval with conditions needs to include reference to Option B,
Suggested Findings for Approval, outlined below and authorize the Chairman and
Secretary to sign a resolution for approval with conditions.
Di
1. That proper public notice was provided as required for the hearing before the
Board of Adjustment.
2. The hearing before the Board of Adjustment was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were
heard at that meeting.
3. That for the above stated and other reasons the Tribble application for a variance
from the front yard setback submitted by Chris and Susan Tribble is in the best interest
of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
6. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
7. That with adoption of conditions, the application has adequately met the
requirements of the Garfield County Land Use and Development Code, as amended,
including the Variance Review Criteria contained in Section 4-115 (C).
9
Site Photos
Figure 5: Proposed Development Area
10
Figure 6: Access Driveway
Access Driveway
Figure 7: Proximity to Highway 82
11
Figure 8: Wood Fence & CDOT Deer Fence
12
Exhibit 1
4:: Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
l',2c My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the aa. day of l /AY , 20 IS)
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
YAC i-lru f C t c). 1. a1'wtL .,t.A,ti. V_ \i'LLL }', . �1, Tu_-vcz_: 1 L'
• Please attach proof of certified, return receipt requested mailed notice. v _
My application required Published notice.
*1`1` Notice was published on the day of NI , 20 I
▪ Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of NotSic,��
Notice was posted on the ,q/ day of
2019
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
�� J
Name: ��l 1..JG�,'��}'tiv,'1,4.. (.LL
Signature: �
Date: �/ / "}
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Ad Number 000024481001
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Published in the Citten Talagrarn Msy 24.
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PUBLIC NOTICE
TAKE NOTICE (Sal Chris and Susan Tribble
have applied to the Board al Zoning Admstrocint,
Garltek1CouMy,State of Colorado, lo request
approval ol a Variance from the Front Yard
Setback thee No VARA04-18-11637), The Wt.
6 1.6,0teni wiftert ihe Coonlv wI e60de41, Slaw, of
Colorado, to -wit.
Legal Description:A Trod of land in Lol 9, Seddon
27, Township 7 South, Reny° 88 Wuul the
6111 P.M. further descriDed In a Warranty Deed,
Recorded on August 14. 1998 al Reception No,
5:40534 with the Garfield County Clerk and
Recorder.
Practical Descripiion:Tho property is located at
12644 Highway 82. Carbondale, CO 81623,
approximately 45 mile east or the Tann of Carboni
dale Tiro property is 060 avec m sire and ic
known try Assessor'S Parcel No, 2393.774-04i.0116
Request:The application ruquests a vanante
loin the frool yard ueibacil In, the purposes of
cOnslriglin9 a carport on the Pont southeast
corner 01 1061! property. lo also function as a
sound banter Ion their ploperly. The property is
zoned Rural (15) and a 50 ft hunt yard setback is
required From Highway 82
All persons ahocted by the proposed variance, are
nvited to appear and Mate their views. oruleeta
0099511 1 you cannot appear personally al sucl,
rroanng, than you are urged to stale your news by
;Om, as the Board qt Zoning Adjustment ver give
consideration to the comments ca werounding
9109edy ownens, and others efleciod, in decidmg
wheeme to approve, approve with coodenes
dotty foquelit for a Variance The application
may be reviewed al Mc Ace 01 Mc Community
Dovoropment Deparanere located a1108 82,
Street, Suite 401. Garfield County Mara Sodding,
ll'enomod Springs. Colorado, 81601, belween the
hours of 8:00 a,n, and 4:70 p m., Monday through
Enday.
A putinc heeling 001l0nappll01.0n has trubn
heclule4 lot the 25th day el June. 20111 al 6,30
PM and will ba held an 104 county Cornmrssioners
Meeting Room, Cuulieks County Plaza Boding,
(099.2, Street, Glenwood Springs, Colorado.
81601.
Community Deyelopmenl Department
Garfield County
Published in the Citizen Telegram on May 24,
2016. 0000244610
Glenn Hartmann
Exhibit 7
From: Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Sent: Wednesday, May 23, 2018 12:26 PM
To: Glenn Hartmann
Subject: Re: Tribble Variance Referral Request
Glenn - In the perfect world, I would like to keep the setback. However, CDOT has no plans to make any
improvements on Highway. Therefore, I have no comments on the issue.
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 1 F 970.683.6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
daniel.roussin@state. co. us 1 www.codot.gov/ 1 www.cotrip.org
On Wed, May 23, 2018 at 10:16 AM, Glenn Hartmann<<ghartmann(c0,arfield-county.com> wrote:
Referral Agencies:
Attached is a referral request form for the Tribble Front Yard Setback Variance. Your comments are an
important part of our review process. The attached form includes instructions and a link to the complete
application. Please let me know if you have any difficulty accessing the application.
Your comments can be submitted directly to me at ghartmannO),,gartield-county.com Comments are requested
by June 13th, earlier if possible per your schedules.
i
Exhibit 8
June 12, 2018
Mr. Glenn Hartman
Garfield County Planning
108 8"' Street, Suite 401
Glenwood Springs, CO 81601
RE: Tribble Variance Request: VARA -04-18-8637
Dear Glenn:
MOUNTAIN CROSS
ENGINEERING, INC.
Civil and Environmental Consulting and Design
This office has performed a review of the documents provided for the Tribble Variance Request
Application. The submittal was found to be thorough and well organized. The review generated
the following comments:
• The Applicant should verify that there are no easements, utilities, or other encumbrances
in the setbacks and the area proposed for the carport. The Applicant may need professional
help to locate utilities and easements.
Feel free to call or email if you have any questions or comments.
Sincerely.
h9ounluin Cross Engineering, Inc.
1
Chris Ilale, PE
826 1/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Claire Dalby
Exhibit 9
From: Glenn Hartmann
Sent: Friday, June 15, 2018 3:57 PM
To: Claire Dalby
Subject: FW: Tribble Variance Referral Links
Follow Up Flag: Follow up
Flag Status: Flagged
From: Andy Schwaller
Sent: Friday, June 15, 2018 3:56 PM
To: Glenn Hartmann <ghartmann@garfield-county.com>
Subject: RE: Tribble Variance Referral Links
You did send this to me 3 weeks ago, I lost it.
I don't have any comments other than if approved, it will need a building permit.
Andy
From: Glenn Hartmann
Sent: Friday, June 15, 2018 3:42 PM
To: Andy Schwaller <aschwaller arfield-county.com>
Subject: Tribble Variance Referral Links
https://records.garfield-county.com/WebLink/0/edoc/3676168/1.0%20General%20Application%20Materials.pdf
From: Glenn Hartmann
Sent: Wednesday, May 23, 2018 10:16 AM
To: Kelly Cave <kcave@garfield-county.con >; Andy Schwaller <aschwaller arfield-county.com>; Michael Prehm
<mprehm@garfield-county.com>; Dan Goin <dgoinL garfield-countv.com>; 'Roussin - CDOT, Daniel'
<daniel.roussin@state.co.us>; 'Chris Hale' <chris@mountaincross-eng.com>
Subject: Tribble Variance Referral Request
Referral Agencies:
Attached is a referral request form for the Tribble Front Yard Setback Variance. Your comments are an important part of
our review process. The attached form includes instructions and a link to the complete application. Please let me know
if you have any difficulty accessing the application.
Your comments can be submitted directly to me at fhartmann@garfield-county.com Comments are requested by June
13th, earlier if possible per your schedules.
Thanks again for your assistance with our review process.
Sincerely,
Glenn Hartmann, Principal Planner
1
Glenn Hartmann
Exhibit 10
From: Michael Prehm
Sent: Wednesday, May 23, 2018 3:02 PM
To: Glenn Hartmann
Cc: Wyatt Keesbery; Dale Stephens; Rayjean Roman
Subject: VARA -04-18-8637 Tribble Front Yard Setback Variance
Glenn,
Garfield County Road and Bridge have no concerns with this application. The variance will not affect any of the County
Road system. No permits are required from Garfield County Road & Bridge.
Any questions please let us know.
Mike Prehm
Foreman
Garfield County Road & Bridge
0298 CR 333A
Rifle, CO 81650
Office 970-625-8601
1