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Home My WebLink About2.0 BOA Staff Report 06.22.2009.pdfExhibits (6/22/09) Board of Adjustment Exhibit Exhibit Letter <AtoZ) A Proof of Mail Receipts B Proof of Publication c Garfield County Unified Land Use Resolution of2008 D Annlication 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 Bi1mers, Glenwood Springs Fire Department H Memo dated June 5, 2009 from Steve Anthony, Garfield County Vegetation fnl\ y17-,ec~ - ~?0D~~~ C}rvve~ 0-\o< <:,. mP<-r -nv1~ NO 0-J ~ r-JO l'b-r-JO t)j _ t--JO APPLICANT I OWNER REPRESENTATIVE LOCATION SITE DATA ACCESS ZONING CODE VARIANCE Request for Variance BOA 06/22/2009 Besler Variance KE Ralph E. and Renae D. Besler Revocable Trust Steve Beckley Section 27, T5S, R89W 1962 CR 132 (Mitchell Creek Road) 1.184 acres CR 132 Rural 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 % 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. 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 -June 22, 2009 - 1 - BOA 06/22/2009 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 0 .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. II 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 . :.-:'.""ff I I ( ( \ I I Photo 1 --~ Photo 2 Board of Adjustment -June 22, 2009 -2 - ,--,...,,-..... , ,...--, I '-, // I \ '-I ' ' \ ' I \ ,~ I / I / I / '··~- / /\ f / , _____ , ,.-~-··/ I I I _, BOA 06/22/2009 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 del ineating the channel. The photographs below were taken on May 12 , 2009. \ Board of A djus tment -June 22, 2009 -3 - Ill 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 BOA 06/22/2009 Besler Variance KE Article IV, Division 3 of the ULUR discusses the process and requirements for issuance of variances: Section 4-301 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. 1. 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 -June 22, 2009 -4- BOA 06/22/2009 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. IV. 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 -June 22, 2009 '' I .,...,. ,.,,.. - 5 -