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HomeMy WebLinkAbout3.0 BOA Staff Report 08.03.2009.pdfExhibits (8/03/09) Board of Adjustment Exhibit Letter (A to Z exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Unified Land Use Resolution of 2008 D Application E Staff Memorandum and Presentation F Memo dated May 26, 2009 from Jake Mall of the Garfield County Road and Bridge G Letter dated June 4, 2009 from Ron Biggers, Glenwood Springs Fire Department H Memo dated June 5, 2009 from Steve Anthony, Garfield County Vegetation BOA 08/03/09 Besler Variance KE Request for Variance APPLICANT / OWNER Ralph E. and Renae D. Besler Revocable Trust REPRESENTATIVE Steve Beckley LOCATION Section 27, TSS, R89W 1962 CR 132 (Mitchell Creek Road) SITE DATA 1.184 acres ACCESS CR 132 ZONING Rural CODE VARIANCE Section 7-203 A.1. Protection of Wetlands and Waterbodies - Minimum Setback BACKGROUND AND REQUEST The subject property is located at the terminus of CR 132, also known as Mitchell Creek Road, in the Rural Zone District north and west of the City of Glenwood Springs. The site is approximately '/2 mile north of the Fish Hatchery on the east side of Mitchell Creek. The Applicant is requesting variance from the Unified Land Use Resolution Code (ULUR) §7-203 A.1. which requires a thirty-five foot (35') stream setback as measured horizontally from the typical and ordinary high water mark on each side of the waterbody. Property History The 1.184 acre parcel was the site of a home constructed along the bank of Mitchell Creek in 1935, and the parcel was passed down through the family to the current owners. The County issued a building permit to replace the original homestead and construction of a single family home and septic system was completed in 2001 (as shown). The building permit allowed construction of the home with an approximate twenty foot (20') setback from the stream itself, fifteen feet (15') from the bank of the creek. Board of Adjustment — August 3, 2009 BOA 08/03/09 Besler Variance KE The Coal Seam Fire of 2002 destroyed the home and immediately afterward a request for a building permit was submitted to the County to restore the home. The County approved the building permit, however the Forest Service recommended that the owners postpone construction for five (5) years until such time as re -growth of vegetation could stabilize the debris flow hazard from the adjacent hillside. The home has not been re -constructed to -date. The Applicant is seeking allowance to re -construct a home in the same location that has been utilized in the past. The ULUR does permit restoration of the structure in the non -conforming location pursuant to §10-105 D.2., however the ULUR also states that "Restoration of the structure must be commenced within six (6) months after the date on which the structure was damaged or destroyed..." §10-105 D.1. EXISTING CONDITIONS The following site photos and plans demonstrate that the site is constrained by Mitchell Creek on the west, and by steep slopes on the east and west. The physical configuration of the parcel provides limitation in buildable area. Photo 2 Photo 1 + Photo 2 51,814 sq.1t. 1,19 acres '0 Photo 1 WNI Board of Adjustment — August 3, 2009 -2- BOA 08/03/09 Besler Variance KE The adjacent map provides the location of the parcel relative to 1-70 and West Glenwood Springs, while the aerial photograph below indicates the location of the road and Mitchell Creek within the parcel. You may be aware that Mitchell Creek and Mitchell Creek Road are located within a deep valley as indicated by the narrow, rising nature of the road and surrounding topography. The creek itself is an incised channel through the parcel with rock walls delineating the channel. The photographs below were taken on May 12, 2009. Board of Adjustment - August 3, 2009 -3- u �y- 1 �1. 1J2 ,aF i A4i}ARi i?' located within a deep valley as indicated by the narrow, rising nature of the road and surrounding topography. The creek itself is an incised channel through the parcel with rock walls delineating the channel. The photographs below were taken on May 12, 2009. Board of Adjustment - August 3, 2009 -3- BOA 08/03/09 Besler Variance KE III REFERRAL AGENCIES a. Garfield County Road & Bridge: EXHIBIT F b. Glenwood Springs Fire District: EXHIBIT G c. Garfield County Vegetation Management: EXHIBIT H IV STAFF COMMENTS Article IV, Division 3 of the ULUR discusses the process and requirements for issuance of variances: Section 4-307 Review Process for Request for Variance. Variances are deviations from the terms of this Code that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness or the shape of a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property. The following facts are associated with the parcel: a. A homesite existed on this parcel, in the currently requested area, for 67 years; b. The applicant, following the advice of the Colorado State Forest Service, postponed "restoration" (reconstruction of a pre-existing non -conforming structure) of the residence to allow vegetation re -growth necessary for hillside stabilization; c. The parcel is encumbered by Mitchell Creek running through the center of the property and steep slopes the eastern and western boundaries of the parcel; d. An adequate building site within a level area of the parcel, compliant with the 35' stream setback, would result in exceptional practical difficulties to the owner of the property. C. Standards for Approval of Variance Requests. The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this Code. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exists 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. b. Exceptional topographic conditions of the property. c. Other extraordinary and exceptional situation or condition of the property. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. 3. Strict Application Consequence. Because of the special circumstances and Board of Adjustment — August 3, 2009 -4- BOA 08/03/09 Besler Variance KE conditions found pursuant to Section 4-301 C1 above, 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. 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. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 6. Variance Will Not Impair the County's Zoning Plans. Granting the variance will not substantially impair the intent and purpose of this Land Use Code. SUGESTED FINDINGS a. That proper public notice was provided as required for the hearing before the Board of Adjustment; b. That the hearing before the Board of Adjustment was extensive and complete and that all interested parties were heard at that meeting; c. That for the above stated and other reason, the proposed variance is in the best interest of the health, safety and welfare of the citizens of Garfield County; d. That the application is in conformance with the Unified Land Use Resolution of 2008. VI. STAFF RECOMMENDATION Staff recommends the Board of Adjustment APPROVE the requested variance allowing for a reduction in the required stream setback to fifteen (15') feet with the condition that construction activity associated with the residence cannot encroach outside the "building envelope" as indicated on Attachment C (adjacent). Board of Adjustment — August 3, 2009 -5- GARFIELD COUNTY EXHIBIT Building & Planning Department Review Agency Form s Date Sent: May 15, 2009 Comments Due: June 5, 2009 Name of application: Besler-Mitchell Creek Stream Setback Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Kathy Eastley 109 8" Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. This application does not have any significant impact on Cr. 132 other than what was existing prior to the loss of the home. The driveway access for the new home shall be exempt from the driveway access approval of this application shall abide by Garfield County's oversize/overweight permit Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date May 26, 2009 Revised 3/30/00 June 4, 2009 To: Kathy Eastley From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department RE: Comments on file number VAR4509, project Besler-Mitchell Creek Stream Setback, applicant Ralph/Renae Besler, location north terminus of CRI 32 (Mitchell Creek Rd.) West Glenwood We do not have any comments on this particular request because of the type of variance the applicant is seeking. However if this variance is approved and the applicants or another party submit plans to build a structure on this site we request an opportunity to review and comment on the proposed structure prior to the County issuing a building permit for it. We request to comment on the proposed structure because of the limited assess to it, lack of water supply in the area and the hazards future wildfires may present to the occupants, fire fighters and the structure. If you have questions on these comments or need more information please contact me. MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Comments on the Besler-Mitchell Creek Setback (VAR4509) Date: June 5, 2009 The Vegetation Management Department requests that the applicant provide a map and inventory of any County Listed Noxious Weeds. There are two State Listed weeds, absinth wormwood and Myrtle spurge, that are located in the Mitchell Creek area, we request that they note the presence or absence of these two species as well. Please provide a weed management plan that will address any inventoried county listed noxious weeds, absinth wormwood, and Myrtle spurge. I can be reached at 625-8601 if the applicant needs some assistance with plant identification.