HomeMy WebLinkAbout3.0 BOA Staff Report 10.30.2018Garfield County Board of Adjustment
Public Hearing Exhibits
Tribble Setback Variance
(File VARA -04-18-8637)
Public Hearing — October 30, 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
11
Updated 6/25/2018: Posted Notice
12
Updated 10/15/2018: Staff Memo
13
Updated 10/15/2018: Improvement Location Certificate
14
Updated 10/15/2018: Holy Cross Easement
15
Updated 10/15/2018: Site Plan
16
Updated 10/15/2018: Carport and Elevation Drawings
17
Updated 10/15/2018: Carport Design Ideas
18
Updated 10/15/2018: Noise Meter Video
19
Updated 10/30/2018: Email from Neighbor
20
Updated 10/30/2018: Site Photos from Applicant
Exhibit 12
Garfield County
Community Development Department
MEMORANDUM
TO: Board of Adjustment
FROM: Claire Dalby, Planner
DATE: 10/23/2018
SUBJECT: Supplemental Staff Memo: Tribble Variance Continuance
BACKGCSl11V
On June 25, 2018, Susan Tribble appeared before the Board of Adjustment to request a
variance from the 50 -foot front yard setback for the purposes of constructing a carport to
function as a sound barrier for the property. Because the request did not meet the variance
approval criteria, Staff recommended a finding of denial. The Board of Adjustment made a
finding that not enough information was included as part of the submitted site plan and
continued the hearing in order for the Applicant to return with a completed Improvement
Location Certificate (ILC) showing the accurate locations of site features and easements as well
as anything else applicable to her request. The hearing was continued to August 27, 2018.
This new hearing date was then continued a second time to October 22, 2018. Because there
was no quorum for this hearing, the meeting was rescheduled for October 30, 2018. As per the
direction of the Garfield County Assistant Attorney, the second continuance of the hearing
must be ratified before the Application can be heard.
CONTINUANCE MATERIALS
As of 10/23/2018, the following has been submitted by the Applicant to be presented at the
continued hearing:
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
• Improvement Location Certificate (Exhibit 13)
• Holy Cross Easement (Exhibit 14)
• Site Plan (Exhibit 15)
• Carport Plan and Elevation Drawings (Exhibit 16)
• Carport Design Ideas (Exhibit 17)
• Noise Meter Video (Exhibit 18)
SUPPLEMENTAL STAFF ANALYSIS
1. The complete Staff Report for the original Variance Application is included in the Board's
Packet as Exhibit 5. It includes referral comments and analysis of the extensive code
standards related to the variance request.
2. The submitted Improvement Location Certificate shows the accurate locations of the
existing house and accessory structures, the location of a 30 -foot wide roadway
easement on the eastern parcel boundary, a pump located on a ditch running east -west,
a retaining wall in the northeast corner of the parcel and overhead utility lines running
along the northern parcel boundary.
3. The submitted site plan shows the location of the existing willow tree directly to the
east of the house and the proposed carport in the southern portion of the parcel. The
submitted carport drawings and design ideas provide a better understanding of how, if
approved, the carport may look.
4. Due to the absence of any easements in the area east of the house where the carport
could potentially be built and the fact that the general variance approval criteria is still
not met, Staffs recommendation of denial has not changed.
BOARD OPTIONS
Option A — Denial
As noted in the Suggested Finding 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 following
Suggested Findings for Denial and authorize the Chairman and Secretary to sign a resolution for
denial.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
Suggested findings for denial:
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 B — Approval
As noted in the Staff Analysis, the intent of the Zoning Code Front Yard Setback may be
supported through a Variance Approval granting a partial reduction in the front yard setback.
Suggested conditions are outline 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 33' x 21' carport on the southeastern
corner of the parcel as shown on the original site plan with a 15' setback from the
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.
4. The Applicant shall obtain any required Garfield County Building Permits.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
Suggested findings for approval:
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.
4. That with the adoption of conditions, the application is in general conformance with the
2030 Comprehensive Plan, as amended.
5. 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).
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
PROPANE TARR
SHED
I. RECORDED EASEMENT
SINGLE -STORY FRAME HOUSE WITH BASEMENT
- •
ASPHALT DR I VEWAY
0. 69 AC -
L I NES 15 SPACE
LANP SURVEYS
/ MOP/War EDGE OF AGPMAL-1
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STATE HIGHWAY 82
Exhibit 13
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LEGAL DESCRIPTION
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IMPROVEMENT LOCATION
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IMPROVEMENT LOCATION CERTIFICATE
2644 STATE HWY 82
CARBONDALE COLORADO
LIAES IN SPACE
SYDAEY LINCICOME ( L.5 14 1 1 1
67 Ga*O Alf. CAASCADALf
LCE 970-96.1-3452
DA1F ICIA12/2a9 KALE - Ag• Aila: ANS
Recorded at 10:29 A.M. June 21, 1973 Book 446
Reception No. 258842 Ella Stephens,Recorder. Page t63
HOLY CROSS ELECTRIC ASSOCIATION, INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the Undersigned,
EMILY REH
Exhibit 14
for a good and valuable consideration, the receipt whereof is hereby acknowledged,
does hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation,
whose post office address is Glenwood Springs, Colorado, and to its successors and
assigns, the right to enter upon lands of the undersigned, situate in the County of
Garfield, State of Colorado, described as follows:
A tract of land situated in Lots 5, 6, 9 and 10, Section 27, Township 7 South,
Range 88 West of the 6th P. M., as more fully described in Book 402, Page 451
and 452 at the Garfield County Courthouse, Glenwood Springs, Colorado,
and to construct, reconstruct, enlarge, operate, maintain and remove an electric
transmission or distribution line or system, within the above described lands, upon
a line described as follows:
Right is granted to place one guy stub with guy and anchor on the
above described property.
The undersigned agrees that all poles, wire and other facilities, installed by ,said
Cooperative on the above described lands, shall remain the property of the Cooperative
and shall be removable at the option of the Cooperative.
The undersigned covenants that she is the owner of the above described lands
and that said rands are free and clear of encumbrances and liens of whatsoever
character except those held by the following:
IN WITNESS WHEREOF, the undersigned has set her hand and seal this / day of
, 19
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STATE OF (2,4_02opc
COUNTY OF Ci r�f2.Fie.
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(SEAL) (SEAL)
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,-i.1Ia'`-SSQ. L: t m <tadzand official seal.
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FRORANE TAP..
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106.98
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Exhibit 15
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SCALE: 1"=10'
LEGAL DESCRIPTION
21V KET° aaanau ..INWDtOTIE AS aVe Y
12644 STATE HWY
CARBONDALE COI OR
Exhibit 17
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.
II. 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.
t
Figure 3: Overall Site Plan
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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.
Public Notice was provided for the Director's Decision 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
METE- f.iw+Mt 1. NT I.
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 b e 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.
VI. SUGGESTED FINDINGS FOR DENIA
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 - Approval
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 33' x 21' carport on the southeastern
corner of the parcel as shown on the site plan with a 15' setback from the 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.
4. The Applicant shall obtain any required Garfield County Building Permits.
A motion for modified approval 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.
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
Proposed Carport
Development Area
Figure 5: Proposed Development Area
10
Figure 6: Access Driveway
Figure 7: Proximity to Highway 82
11
Figure 8: Wood Fence & CDOT Deer Fence
12
susan@versatileproductions.com
From: Esther DelliQuadri <estherdq@earthlink.net>
Sent: Friday, October 26, 2018 9:41 AM
To: susan@versatileproductions.com
Subject: RE: Conservation Easement
Exhibit 19
Susan,
This is to let you know that as an adjacent (across Hwy 82) property owner, I have no problem with you building a
carport within the 50' set back.
Esther Delli Quadri
12665 Hwy 82
Carbondale, Co 81623