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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVED APR 2 2 2008 GARFIELD COUNTY BUILDING & PLANNING VARIANCE APPLICATION GENERAL INFORMATION > Street Address / General Location of Property: 6Z0 nail I,✓ G��K Lr: 1?ai'GLVItnlQ, OD (iiA‹ i > Legal Description: L-! • . • e.`' /.. /f a ej� CJI'kr- tie,\1-StA e. oo (olf o ratio 41-10(l / V6ii,Ai i I > Existing Use of Property: 5 ', V6,,,, “1y R,—, Ainr,P Description of Proposal: T5y, o �A ,,c- r, \)Qt y\@.\v e, 'ke{ �'�v �, i) " 5 cs'l\ �h �� (\0,\PL A' tti_ L;\�;,. ,\ LA., 4,2, 4, r., � \ c 0,,ry < ( � MAN( (01,\i'-ic'& t > Name of Property Owner: lam CAu(' i S San / > Address: 9,(;) 23 Ra Telephone: (77o 7 �/. )",4� 7q ➢ City: 6c'a4 \.an(kr)r, State: CO Zip Code: gKe6 FAX: "— > Name of Representative (if other than owner): 3(xr`1z eC Telephone: > Address: 6,5 O w n > City: State: Zip Code: FAX: STAFF USE ONLY > Doc. No.: 01Z -55a Date Submitted:L13:)= Q TC Date: Hearing Date: ➢ Planner: > Zone District: Last Revised: 07/2007 1 IT APPLICATION SUBMITTAL REQUIREMENTS Please refer to Section 9.05 through Section 9.05.04 of the Garfield County Zoning Resolution of 1978 (as amended) regarding any variance request in the County. As a minimum, the following items must be attached and hereby made part of this application: 'L Sketch Map: showing all improvements on the site, building sizes, locations, setbacks, and access points; 2. Vicinity Map: showing general geographic location of the subject property; 3. Legal Description of Site; -4 Letter of Consent: If the Applicant is other than the property owner, please submit a letter indicating the Applicant may represent the property owner; '5, Copy of Deed of Ownership; )3, Practical Description of Site Including Address; '. Names and Addresses of Property Owners: this shall include properties adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office; 8. Where Applicable: description of domestic water source, sewage disposal and other utility facilities; "9. Plans and Specifications for the Proposal. 10.A $250.00 Base Fee: Applicant shall sign the Agreement For Payment form and provide the fee with the application; 11.Copies: Provide two copies of the Application. Staff will request additional copies once the application has been deemed technically complete; 12.Narrative: provide a narrative explaining why the variance is being requested. In addition, the narrative shall consider the following text in italics and provide specific responses to criteria 1 — 3 below: It should be demonstrated that, "...where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03 of the Zoning Resolution) The Board of Adjustment may approve a variance request provided the request satisfies all of the following criteria: (1): That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; (2): That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; and (3): That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. 2 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. II. PROCEDURAL REQUIREMENTS (The following steps outline how the variance application review process works in Garfield County.) 1. Submit this completed application form (pages 1-3), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance. 2. Once the application is deemed is technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of Adjustment. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested variance. 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested variance and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed variance and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of Adjustment at the time and date of the public hearing at which time the Board will consider the variance request. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 5. Once the Board makes a decision regarding the variance request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. I have read the statements above and have provided the required attached information which 's corrected accurate to the best of my knowledge. �( (.4/49S !d t `f" - (Si natuof Owner) Date 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and COOn `:)a,no,,t-c5 (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for He( AV„, V ^+f 8,(1 f P (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPI4CANT dire S ignature Date: 9-4 - S Print Name q MailingAddress• s C.? '-AAn;L'on / 10/2004 Page 4 Recorded at o'clock M. Reception No. Recorder. WARRANTY DEED THIS DEED, made this 12th day of February, 2007 Between BATTLEMENT MESA PARTNERS, A COLORADO GENERAL PARTNERSHIP of the a County of Garfield, and State of CO, grantor, and JAMES C. SANDERS, whose legal address is : 27 Snowberry Place, Battlement Mesa, CO, 81635 ofthe County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $66,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lot 7 Block 7 Battlement Creek Village, Section Two According to the plat recorded April 5, 1982 as Reception No. 326397 Reserving unto grantors any and all oil, gas and other mineral rights. as known by street and number as: 630 Meadow Creek Drive Battlement Mesa CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0612084 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Battlem esa P. , ers, A Colorado General Partnership Keri Je a Colorado A Colorado orized Agent for Community Holdings West, Inc, oration, General Partner of Battlement Mesa Partners, eral Partnership STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on February1 2-2007, by Keri Jensen, Authorized Agent for Community Holdings West, Inc., a Colorado Corporation, General Partner of Battlement Mesa Partners, A Colorado General Partnership. My commission expires: J �—a'd� i 7. , my hand and official seal Commonwealth File Na- 0612084 Rehm to lames C. Senders 27 aooxtmy Place Battlement Mn, CO 8105 Notary Publi April 21, 2008 James Sanders 951 23 Road Grand Junction, CO 81505 Re: Variance Application for 630 Meadow Creek Drive, Parachute, CO 81635 To Whom it May Concern: This letter is being written to request a variance to the property located at 630 Meadow Creek Drive, Parachute, CO 81635. I would like to thank the board for their time and consideration to my request, and to apologize for this mishap in the first place. I, James Sanders, am the owner and builder of the said property. The house is now within two weeks of completion, and the Improvement Location Certificate (ILC) came back indicating the garage is just over one foot in front of the setback at its greatest point (see attached ILC). The rest of the house is set within compliance. It was definitely not my intention to build outside of your setback. This is my first construction project, one that I have poured everything into, financially and emotionally, and denial of this request would result in peculiar and exceptional hardship to myself as the owner and builder of such property. In response to item one in the application, the granting of this variance will alleviate practical difficulties and undue hardship. As my house is now nearing completion, to try to correct the garage sitting outside of the setback would be far too costly. It would mean a complete demolition of the garage. As the electricity, plumbing, and heating starts from the garage, of which is already complete, it would mean to not only completely reengineer the garage, it would mean to completely restructure and repair the electricity, plumbing, and heating. My finances have been completely exhausted in this project; therefore, I do not have the financial resources to accomplish this. In response to item two in the application, the granting of this variance will not detriment the public good or impair the intent and purpose of the general plan of this resolution. The only area that is not within the setbacks is the front of the garage, and with that, it is only approximately thirteen inches. The house is not a detriment to any neighbors as the garage setback is not interfering with them. In fact, I have personally approached all neighbors within two hundred feet of the site to discuss the situation, and they all have replied that it does not bother them; it is not visible nor is it impeding on their personal property or business. In response to item three in the application, the hardship was not caused by myself, the result of general conditions of the district, and most assuredly cannot be practically corrected. During construction, measurements were taken from the property pins to layout the foundation. For the house to have been built outside of the setback, these pins must have been either moved during excavation or have been improperly placed in the beginning. Due to this, the whole house was pushed forward causing the garage to exceed the setback. As stated in item one, this issue cannot be practically corrected as it would mean a complete demolition, reengineering, and reconstruction of not only the garage but the heating, plumbing, and electricity as well. I do not have the financial means to correct this as the projected costs are estimated to be around $50,000.00 on top of the extra time it would take. I am already $300,000.00, and over one year into the building of the house. In conclusion, the granting of this variance is crucial to not only myself but the neighborhood. I started building this house one year ago, and it is now within two weeks of completion. I do not have the financial means to correct the problem, and if the variance is not granted, the house would sit incomplete for some time to come. If the variance is denied, the result would be both peculiar and exceptional hardship to myself as the owner and builder of the property as I have poured my heart and soul into this house. I have exhausted all of my finances and one whole year of my life to this project. This is the first house I have ever built and it has been a rollercoaster from the start. I truly appreciate your time and consideration to my request. Sincerely, James Sanders, Owner and Builder 610c-107 toll- /3 07\ 11111•E 11;i•F Cl,GrloRe PO E0)6 q73 Co 5/1691(3 foo 1/2) Lod 3' 66 o/ //Woo Cr6GK br Lnl la Lyndrk I. /5'39(Fr((� K al 'n/ Ave, CanonCily, 6© Iaja,, Nos L0 If 1'usi 1;6c/ \051-,uG -9-0o 130 R;le, , Go Sico L000 VstU (01"V V \1\W CeMdc\/ TRA Li 17,3$5' terve(' Co F0217 Lot 9 Pitblt, To - 034 Par\QS Naorn 11 731 Prorontan<� PE P ckA , (Ab 7163'13 Parradp vte Go F1 3s' Lot � �j /11c.6,1 / , Co.rbl 4 RoArri 277 (a meadow ovw Creak bow, ?ar0.LtNI Qi Co 81lds' ,5— Lon cas7e% /-rangy E, -x Mctow Creek Paraokvle . co fI& 3_s &ik g L01 00,51;e , bonald L, geol 0-3 /lEado1J (reek Lr, Para ., LO gCS II Block 3" 14o+n 2 (-\Shit ,John ! I 4 dvlira 6 1 Meadow Gree )i - Y arackte, (Co elle" Luk AY LF- 3 } timber- (� sitwo,r)-, WA] 4 w.rn (07( t)eoL £rc k Qc;ie Q e/Co 81(0 May 13, 2008 Neighbors surrounding: 630 Meadow Creek Drive Parachute, CO 81635 Re: Variance Acceptance for Lot 7, Block 7, Battlement Creek Village, Section 2, Parachute, CO 81635 To Whom it May Concern: By signing this letter, we support the variance request to the legal property description of Lot 7, Block 7, Battlement Creek Village, Section 2, also known as 630 Meadow Creek Drive, Parachute, CO 81635. The granting of this variance will not detriment the public good or impair the intent and purpose of the general plan of this community. In fact, it is in my best interest 0 see the construction of the house completed. The house is not adversely affecting me as the area exceeding the setbacks is in front of the garage. With that, it is not impeding on my personal property or business, and it is not visible from the street. Sincerely, 1C2 No, 4. �.GY(iO�i Q 2_,65 Vet ‘044-00,-) efe. me. sggz_ed ATTACHMENT A A parcel of land situated—ill Lot 8 -Of Section 30, Townshi I out """' ' nge ' "° P 7 Sout(r, range d 1�es P the Sixth Principal Meridian, lying Northerly of the Southerly line of said Sectio 30, said parcel being described as follows: Beginning at a point ren the Southerly Gine of said Section 30, whence the true position of the South Quarter Corner of s id !Section 30 (said corner being witnessed by an iron post with brass cap and properl (marked) bears: S. 89'55'23" W. 372.79 feet; thence N. 00'04'37" W. 160.00 feet; th ce N. 89°55'23" E. 160.00 feet; thence S. 00`04'37" C. 160.00 feet to a point on the Southerly line of said Section 30; thence S. 89`9`55123" W. 160.00 feet along the So'th- lerly line of said Section 30 to the point of beginning. !Excepting all oil, gas and other minerals in, on or under the above described property, andfurther excepting -and reserving a 30 -foot road easement over and across said property in a generally Easterly direction, beginning at the Easterly end of the read easement described 'below, and continuing as now in place. Together with a 30 -foot road easement, being 15 feet on each side or the roiiowing described centerline: Beginning at a point on the Westerly line of the above described parcel of land, said point being 107.67 feet, S. 00°04'37" E. from the Northwest Corner of the above described parcel of land; thence along said centerline, N. 68°04'37" W,274.98 feet; thence 49.68 feet along the arc of a curve to the left, having a radius of 180.55 feet, the chord of which bears: N. 75°57'37" W. 49.53 feet; thence 53.05 feet along the arc of a curve to the left, having a radius of 59.02 feet, the chord of which bears: S. 70°24'21" W. 54.04 feet; thence S. 47`08'43" W. 93.36 feet, more or less to a point in the existing County Road; to be used jointly with parties of the first part, their heirs and assigns. Subject to the easement and right-of-way for gas pipeline as shown on map of Rocky Mountain Natural Gas Company, Inc., recorded July 17, 1969 as Reception No. 243890 insofar as any of the above property is affected. 4 Section 2. Request for Variance Approved. The Board of Adjustment does hereby approve a variance from the zoning requirements for a property located in Battlement Creek Village, Section Two, Battlement Mesa PUD "Residential Density Rural (RDR)" set forth in the enabling Resolution for the PUD; INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County on the 21th day of July, 2008. Chairperson I, the undersigned duly appointed and acting Secretary to the Board of Adjustment do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of Garfield County, Colorado, at a meeting held on the day hereinabove stated. Secretary to the Board of Adjustment 3 ck I'll Viti\c\N kw"l Pe- buried ‘Analr p lora, erA ©n uea� Q'? 27b - 2`4(O AG -WS Lot 8 -I SITE PLA Lot 7, Block 7, Battlement Creek County of Garfield, Stat • \ N 86°48'36" E 77.50' 10.0' Utility Easement 25.0' Building Setback i 10.0 l I r 10.0 96.5 \ 0 cCON h CO D=9°3 '21 R=725.00' 10.0 L=120.71' gulch CB=S 79°55'04"E t%,rt CH=120.57' reek Dive NOTE: THIS PARCEL IS SUBJECT TO RESERVATIONS, RESTRICTIONS; COVENANTS AND EASEMENTS OF RECORD OR IN PLACE.