HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
· Building & Planning Department
108 ath Street, Suite 201
·.Glenwood Springs, Colorado 81601
Telephone: 970 .945.8212 Facsimile: 970.945 .3470
www.g,ariield-county .com
JAN 1 '.) 20 04
GAR FIELD CO UN TY
BUii DING & PLANN ING
VARIANCE APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
-;;. Street Address I General Location of Property: 'Q O~E ~ (£>Aq4-C[
~£f l4? ~fl M\rVt( t WLO ·
~ Legal Description : LVT 14: IZJ>..N Llt:AT WfZ4Nfr: fQ fl.k;' JV
ti u Nfr 6N rt:
:--Name Of Property Owner !Applicant): M ~<' -1--~ ~
>-Address : I~ (-1']1,.!f.. ~ <Q(f'-]!)_0_ Telephone ~1't ·
:;... City : {d@ Vft12. State: CfJ UJ Zip Code EJOZO F : i
;.. Name of Representative (if other than owner): ~ ~
).. Address: ~7VT Telephone: q7Q 171 q#L
;. City: ~4 State:lOLO Zip Code 9lf!l( FAX :CJ_z7q44z-tt1
STAFF USE ONLY
., Doc. No.: -----Date Submitted :_. ___ TC Date :
., Planner: Hearing Date : ---------
);;> Zone District: -------
Last Revised:O 1124103
I. ! APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, the following items must be attached and hereby made part of this
application:
v 1. Sketch Map: showing all improvements on the site, building sizes, locations,
setbacks, and access points; t7~ f--~
v 2 . Vicinity Map: showing general geographic location of t he subject property; ~~~
v 3 . Legal Description of Sit~; .t.4J1 ~4-~~ m-~Nb ~A~ Nb OMi:.-
v 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; ~ ~
v 5. Copy of Deed of Ownership ; ~ ~
v 6. Practical Description of Site lncluaing Address; :tS° ~ ~ Cr~
vi 7. Names and Addresses of Property Owners: this sha I include properties adjacent to
or within 200 ft . of the site . This information can be obtained from the Assessor's
Office; ~ A--~
~v 8. Where Applicable: description of domestic water source, sewage disposal and other
• utility facilities ; . ~Mj7
./" 9. Plans and Specifications for the Proposal; 0~~ _A..Jrfrl~X/
10.A $250.00 Base Fee: Applicant shall sign tne Agreemen t"'f"or Payment form and
~ provide the fee w ith the application; _/.1f"M;~
11 . Copies : Provide two copies of the Application . Staff will request additional copies
once the application has been deemed technically complete;
v' 12 . Narrative: provide a narrative expla ining 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
IL PROCEDURAL REQUIREMt:1°\jTS
(The following steps o utline how the vari a nce applica tion rev iew proc ess works in Garfield County.)
1. Submit th is 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 w ill 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 pres ented at hearing by the applicant.
b . Notice by mail, containing information as described under paragraph (1) 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 t ime by certified return receipt mail , and receipts shall be
presented at the hearing by the applicant.
c. The s ite shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice s igns 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 Appli cant 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 p rovide proof at the hearing that proper notice was provided.
5. Once the Board makes a de c i sion regarding the variance request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board .
I have read the statement s above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
1
1' \N~~L\6 ~MA/ ~X J ~QfrN 04: (SignatUre Ofap ~~ \ .,_.,~_,_ __ _._.,...__ ..... D_at_e_., ____ _
3
FRGM P.ALMER;l'."1RO-PH C:NE NO. 970 927 9 442 Jan. 12 200<: 06 :30PM PB
GA.R.FIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PA YME.NT FORM.
(Shall b1! )·u/:tm iu C!d with applicat!ot:)
GARFIELD COUNTY (hereinafter COU?-iTY) and _f./\ \C~~ ~A ~
(hereinafter AP PUC ANT) '11!,"'!'ee 3S follows;
I. APPLICA;~T has submitt ed to COUNTY a.n applkati{\n for A VAfZ.V·NLf' .. ¥?-f:~~j
----~-------------·(her~nafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield CoUJ'lty Resolution No. 98 -09, as amended,
establishes;11 fee schedule for each type of ei.ibdivision or land~ review applications, and the guidelines for the
adm:inistrstion of the fee structure.
3. APPLIC.Au"'l'T and COUNTY agree that because of the 5tze, nature or scope of the proposed
project,. ·it is not Possible at this time to ascertain the full extent of the costs involved in pro~ing the
awllcarion. APPLICANT agrees to make payment of the Ba!e Fee, estabfahcd for the PROJECT, &Dd to
thereafter . pennit e.dditional costs to be billed to APPLICANT . APPLICANT agrees to make additional
pa.yments . upon norifi~tion by the COUNTY when they are n~essary Z.'$ costs are incwred.
4 . The Base Fee shall be in addition to and exclusiv~ of any cost for publication or ~t of
consulting service determined necessary by the Board of County Corrunissioncrs for the con5ideration . of an
application or.additional COUNTY s~time or.C'Xpenst; not covered by the Base Fee. If actual record~ costs
excee<I the-initfal Base Fee, APPLICANT shall pay additional b illi ngs to COUNTY to reimburse the COUNTY
for ·th~ processing of the PROJECT mentioned above . APPUCANT acknowled~s that all b~.Uing ~haµ· ~.paid
prior to the final con§idcration by the COUNTY of any lflild use permit, zoning am«idment, or subdi'l.:'is i.QJ\ plan.
APPLICANT
? ,,-' ./-
'/._.,.,._.---:-_. -_·."?_ .. /_·· _.7 _____ /_, __ ~_:-_~_·.:,....,-:_~_;_'«.:_·-_.--_-_t_-,,...._._
.. ~ign11ture
J< ~Allhig:A~.4.ress: ,.,.. .. .;-Yd ,,:;:~ ~~
: .· . :>c:'?~ r,:: ,,., . .o .-c... (,J
.· · < ·:·r d,,.:!.. ,;r 7 ... : .
Page4
l • d 9019 -EGB -·E OC
FROM PALMER/ARCH
L~~. :>' _\;t~ ,.:~l~hl
1204 GaA..11.lO ~-\VENUE
PHONE NO. : 970 927 9442 r: Vf-~-; ·'1; : \;~· 1
CALOI.'l., HOUPT & HAMILTON, P .C .
.'l.TTOf<NEl'$ .\T L.~'h
SHERI\".!:' A. Cl\)...Olr\
J•~ONV. IJOUFT
MAB!> Ii: JlAMllTON
M.\R.\' EJ..llABETKGEI<.iE:R
CYNTHtH r!.~tr'1C
GLWWOO:> SPR!NO:S, COLOR.ADC tl61)\
VIA FACSIMILE
(970) 963-9243
Chris Ehlors, Manager
Ranch at Roaring Fork
14913 Highway 82
Carbondale, CO 81623
September 4, 2003
f."tost-it4 Fax Note
"' I
"
· Re: W'11er Righisfor the Ranch at RQ~ring Fork Community
Dear Chris:
-,b. 18 2004 05:14PM Pl
.. ·.' '
TEW~ :)70) ~$-6<.IQ"I
fACS,JM'IU ~i0)945•b292
Scnriu'I t1""1il: 1Ml.,,1tt@J.11'f."';,, • ..,,
. : . 'It. is mv ;;ndersfflfiding th•t 'one of'ih~'su6divisiori~· Called die RtlJlCh Creek has been
i~cenili_ appr~:,~ anf!s ii! 'Ilic P!~~~iis of ;being devd.>p~d ·~ ~ ii ·s~n4iii~n ·o.r •i>P,rov;ti, the
Ranch at Roaring Fork teqitii'ed'that an inigatlon bnkine-'1Iom a ·raw wO:ter imga\ion •system
from its dit<:.h system. When ac~omplishing this goal, the oont:ractar had questioned whether it
can'install a diversion device in the di1ch which is called Blue Creek or Sopris Creek by Ranch
Creek. ·
It is my understanding that th,e Anny Cmp• of Engineers has bee:i consulted about this
and has given !he opinion .that as long as there fo a corresponding water right which b.as been
decreed by the wa1er coun allowing for this use at this locati.c.>n then th~ installation ce.n occur, I
am assuming tltat the Army Corps wa• advised that this Wa> a creek or stream.
Tho water rights fot the Ra."lch at Roar!ng Fork wtN developed as • system of ditches
and pond• on the properti; to resemble rurrruruly cccurring features. Since foe R.onch ot Rollring
Fork i• a fishing and recreatiooal comtrmnity, the ,,onds and ditcheo were developed to resemble
naturol st:r.arns and lake• and ha•·• been maintained as such. The desiguntion of one of these
features as Sopris Creek or Blue C!:eek has occ>med by tbe l'esidents over time. In actuality the
structure that is called Bluo C~ek is a l<lteral ditch extending from me Jacobson Extension of the
Paterson Ditch. I enclose a copy of the decree for the Jacobsor. Extension of the Paterson Ditch
foo,01;r review, · , , ·
"' .·.·. Srleffy; th~ Wate(c~ arljudicated the JaeobsonF,xtension of !M Pateison Di,tcb: i::i. 19~
rofiiS cf5'.'Tuif; dilc\). di;~m' !iS 'cf> frorii"tl\e RO~!'~ F~ftRiv~i;at a heildg~te The warerls tl1ep.
diverted into ·sev<tal 'ditebi:!s ai\d pona{on lhe property of the Ranch ot Roaring FOtk in ordeno
UNCH ({i Rf-Ellic.TS·lIT I
FN ll
FROM PALMER/ARCH PHONE NO. : 970 927 9442
;:;', p,,:, i ~;G ~ o·r, r.:
CALOIA, HOt:PT & H.t.M:JLTQN 1 P.C.
Ch1\S £.him, Manager
Septemoer 4, 2003
Pagel
--·b. 18 2004 05: 15PM P2
create thi~ stream-like community. The locatiol\ of the Ranch C!eek subdivi;lion and the
proposed pump or diversion de,ice is on a lateral cf the Paterson I hc.oboon Ditch itself. H is not
a naturally oc~urring stream and as such. no Anny Cotps of Engineer pennit is necessary.
l have ~onsutted with the Ranch's water engineer, P3.t:! Bussone of Resource
Engineering, to review this situation. He concurs that 'h• series of ditches and ponds on the
Ranch at Roar.ng Fork property are entirely manmade and should not invoke the 3uriodiction of
the Anny Corps of Engineers.
I am hopeful that you can u•e this lene .. to the Arn>y Corps of E,,i;ine1;rs to obtain ;heir
"$reement that they do not have jurisdic1ion m this particular ru:ea_ Should this .not be the case.
please give me a call and we can have a meeting to funhe1· roview the information.
SAC:!!
cc: Paul Bus~one
ltA,NCH@ F.1 ·SllU-.>~tu I -
FNB
Sinoeroly,
CALOIA, BOUPT & HAMILTON, P.C
I~ ~ia
WARREN L. PALMER, ARCHITECT BOX 767 BASALT, CO. 81621
21Jan.04
RE : Property Owners within 200 ft. of Lot 14, Ranch at Roaring Fork IV , Filing One. Notice of Public
Hearing on a Variance Request for a reduction to the rear yard setback.
Dear Property Owners:
My clients , Michael and Barbara Gerber, owners of Lot 14, Ranch at Roaring Fork IV, Filing One, are
requesting a Variance for a reduction to the rear yard setback on their property at 0085 Stage Coach Circle,
Garfield County, Co., for the purpo se of building a one story addition onto their existing residence .
A Public Hearing and review by the Board of Adjustment is required by the Garfield County Land Use
Code. I am enclosing the notice of Public Hearing by Garfield County.
The complete application is on file and available for review, Monday through Friday, during normal
business hours, at the Garfield County Planning Department, located at I 08 gth St., Ste. #20 I, Garfield
County Plaza Building, Glenwood Springs, Colorado.
If you have questions, please contact me at (970) 927-9442 .
\s~~,erlly& • AA /7'.
\/JV/ f!}\/f \ff\Jl\f "
Warren Palmer
Copies: Michael and Barbara Gerber, Fred A. Jarman , Senior Planner ~
::;ARF l El_D cour,.;Ty 01.,'ZlZl/04 11.145.am P, 0213
PUBLIC NOTICE
TAKE NOTICE that Michael and Barbam Gerber have applied to the Board of Adjustment, Garfield
County, State of Colorado, to request a variance. in connection with the follm>1ng described property
siruatcd in the County of Garfield, State of Colorado; to-wit:
Legal Desqiption: Lot 14, Ranch at the Roaring fork -JV -Filing ;-,/o_ 1, Garfield County,
Colorado
Practical Description: 0085 Stagecoach Circle, Carbondale. CO 81623
The variance would allow the applicant to reduce the required rear yard setback of25' from
tile pro1>erty line to 1~' (a reduction. of Ill') in <1rdcr tn construct a l-sto11· addition to an
existing ~ingle-family re.~idence.
A JI per~ons affected by the proposed variance are invited to appear and state their views, pwtests Ot
support. If you can not appear personally at such hearing, !hen you are urged to state your views by
letter, as the Board of Adjustment will give con~ide;·ation to th<) comments of surrou11ding property
o>vners, and others affected, in deciding whether to gl'ant or deny tile request for the vatianc.e. Tue
npplimtion muy be reviewed :it the office of the Planning Department located at l 08 8th Street, Suite
20 I, Garfield County Plw.A Building, Glenwood Spring:i. Colorado between the hours of 8 :30 a.m.
and 5:00 p.m., Monday th1'0ugh FridELy.
A public hearing on the appli~ation has been sche1luled for the23'd day ofFebruary,2004, at
7:00 p.m., in the County Co1muissio11ers Meeting Room, Garfield County Pl= Building, 108 8th
Street., Glenwood SpringH, Colorado.
Planning Department
Garfield County
NOTICE TO CREDITORS
Estate of Alice L Alexander, Deceased
Case Number 04PR01
All persons having claims against the above·
namod estate are required to present them to tho
personal representative or to District Court of Gar·
field County. Colorado, on or befOfe May 15 , 2004
or the claims may be forever barred.
Mary Anne Alexander Kort
2421 Stowe Drive
Lawrence, KS 66049-1867
Alice M. Alexander
3278 Perry
Denver, CO 80212
Published in the Glenwood Springs Post Independ-
ent on January 15, 22, and 29, 2004
PUBLIC NOTICE
Case Number 04C10
PUBLIC NOTICE is given that on January 16,
2004, by an ORDER of the Court, Garfield County,
Colorado. lhe following name was changed:
The name of Terena Maye Henderson-Gross
was changed to Terena Maye Gross
Isl James C. Bradford
Cieri< of Court
By: I sl Becky R. Smith
Deputy Clerk
Published in the Glenwood Springs Post lndepend·
ent on January 20, 1 and 22, 2004
Please take notice that the Glenwood Springs
Planning and Zoning Commission will conduct a
Public Hearing to consider an Application for A n-
nexation, Zoning, Maj0< Development and Subdivi-
sion for the followi ng described properties:
A parcel of land situated southerly ol the Denver
and Rio Grande Western Railroad (D&RGW) Right
of Way and northerly of the Midland Avenue Ac-
quisition Righi of Way (M idland ROW) located in
the SW1/4NW114 of Section 9. Tow nship 6 South,
Range 89 West of the Sixth Principal Meridian,
County of Garfield, Slate of Colorado, the Parcel
being mOfe particularly described as fol lows: Be·
ginning at the southeast corner of said Parcel
whence the Brass Cap found at the center west
1116 corner of Section 9 bears S 00 degrees
39'40" W 281.52 fee~ thence N 00 degrees 39' 40"
E 418.89 feet: along the easterly boundary of said
parcel also being the easterly line of the
SW1 l4NW1 14 of said Section 9 to the southerly
fine of said D&RGW Right of Way; thence north-
westerly along the said right of way the following
(4) courses: N 70 degrees OT49" W 195.45 feet;
thence · N 68 degrees 2T 19· W 235.00 feet;
thence S 24 degrees 32' 11 • W 25.00 feet: thence
along a curve to the right having a radius of
1507 .40 feet and an arc distance of 551.12 feet,
th e chord of which bears N 54 degrees 59' 25· W
548.06 feet; thence S 54 degrees SO' 12: W 20.12
feet along the westerly boundary of said Parcel al-
so being the northerly boundary of the Midland
ROW; thence southeasterly along said north erly
~~~'l \~.f~o;:,'i' ~~;~~} .;.5,,!"?r;~!
left havi ng a radius of 950.00 feet and an arc dis-
tance of 250.62 feet, the chord of which bears S 42
degrees 39' 59" E 249.89 feet; thence S 50 de-
grees 13' 26" E 91 .26 feet; thence S 39 degrees
46' 34" W 10.00 feet: thence S 50 degrees 13' 26"
E 18.00 feet: thence N 39 degrees 46' 34· E 10.00
feet: thence S 50 degrees 13' 26" E 259.08 feat:
t hence along a curve to th e right having a radius of
1050.00 feet and an arc distance of 133.74 feet,
the chord of which bears S 46 degrees 34' 29" E
133.65 feet: thence S 42 degrees 55' 33" E 112.05
~e;t~ti~.oo'f;~ ~~~~~ 1~r~~i~~.:vi~r fg;;i~
feet, the chord of which bears S SO degrees 53'
08" E 198.02 feet to the point of beginning;
AND
Parcel A, Buzz Minor Subdivision, according to the
Plat recorded July 1, 1997 as Reception No.
510324 (Common Address: 729 Overtin Drive ,
Glenwood Springs, Colorado).
The Application is submitted by 1 SB, LLC. The
owners of the subject properties are G lenwood
Meadows, LLC and Joseph and Ruth Kaplan. The
Public Hearing will be hold on January 27, 2004 at
6:00 p.m. in the City Council Chambers, Glenwood
Springs City Hall, 101 W. 8th Street. Glenwood
Springs, Colorado. Additional information on the •
Application is available for review at the Planning
Department at City Hall or by calling 970-384·
64 10.
APPLICANT
1SB, LLC
By : I sl David Rippy
Manager
Published in the Glenwood Springs Post Independ-
ent on January 15 and 22. 2004.
PUBLIC NOTICE
Caoo Number 04C009
PUBLIC NOTICE is given that on January 16 ,
2004, by an ORDER of the Court, Gartleld County,
Colorado, th e follow ing name was changed:
The name of Brandon Scott Henderson-Gross
was changed to Brandon Scott Gross
I sl James C. Bradford
Clerk of Court
By: Isl Becky R. Smith
Deputy Clerk
Published in the Glenwood Springs Post lndepend·
ent on January 20, 21 and 22, 2004
PUBLIC NOTICE
TAKE NOTICE that Michael and Barbara Gerber
have applied to the Board of Adjustment, Ga rfield
County, State of Colorado, to request a variance,
in connection with lhe following described property
situated in the County of Gar1ield, State of Colora-
do; to·wit:
Legat Pescri0tioQ' Lot 14, Ranch at the Roari ng
For1< • IV • Filing No. 1. Garfield County, Colorado
Pracrjcal Oescrjotion-0085 Stagecoach Circle.
Carbondale. CO 81623.
The variance would allow the applicant to re-
duce the required rear yard setback of 25' f rom
the property lino to 15' (a reduction of 10') in
order to construct a 1·story ;iddition to an ex-
isting single-family residence.
All persons affected by the proposed variance are
invited to appear and state their views. protests or
support. If you can not appear personally at such
hearing, then you are urged to state your views by
letter. as the Board of Adjustment will give consid·
oration to the comments of surrounding property
owners. and others affected, In deciding whether to
grant or deny the request for the variance. The ap-
plication may be reviewed at the office of the Plan-
ning Department located at 108 8th Street, Su~e
201, Garfield County P laza B uilding. Glenwood
Springs, Colorado between the hours of 8:30 a.m.
and 5:00 p .m., Monday through Friday.
A public hearing on the application has been
scheduled for t he 23rd day ol February, 21"~ •
at 7:00 p .m ., In the County Commissioners I
ing Room , Garfield County Plaza Bu ~ding 10~
Street. Glenwood Springs, Colorado.
P lanning Department
Garfield County
Published January 22, 2004 in the Glenwood
Springs Post Independent.
WARREN L. PALMER, ARCHITECT BOX 767
LIST OF 200 FT. ADJACENT PROPERTY OWNERS TO LOT 14 RANCH AT ROARING FORK IV
Lot I RRF 4
Lot3 RRF4
Lot 4 RRF 4
Lot 5 RRF 4
Lot 11 RRF4
Lot 12 RRF 4
Lot 13 RRF 4
Lot 15 RRF 4
Lot 16 RRF 4
Lot 17 RRF 4
Lot 23 RRF 4
Lot 24RRF4
Lot 25 RRF 4
Lot 26 RRF 4
Lot 36 RRF 4
Lot 37 RRF 4
Lot 38 RRF 4
John and Nancy Thorpe V
0038 Stage Coach Circle Carbondale, Co. 81623 -(,, -L 4 7
Franklin B. Hallowell Jr. V
10 I Stage Coach Dr. / Carbondale, Co. 81623
John and Melissa Heir \,/
0041 Stage Coach Circle Carbondale, Co. 81623 ~
Richard and Dolores Fischer.,/_
15 Stage Coach Circle Carbondale, Co. 81623
Tamara Perry and Gregory Kerbel V
0130 Stage Coach Circle Carbondale. Co. 81623
\ ,.
Sally Ann Noelker '/'
0100 Stage Coach Circle Carbondale, Co. 81623
Carbondale, Co. 81623
Robert Vanraden Jr. /
75 Stage Coach Circle
R. Ran1anus ~
125 Stage Coach Circle
Mike-and Debbie Ramanus
125 Stage Coach Circle
Carbondale, Co. 81623
v Carbondale, Co. 81623
Daniel and Mary Ellis
l 41 Stage Coach Circle Carbondale, Co. 81623 ... (o ?"Z; '3 --------------·--
Stanley and Patricia Rit~h~;v-:--·-
24 Rainbow Court Carbondale, Co. 81623 -c:t'0 l-'O
Arnold, Dorothy and Terry Larson
303 Stage Coach Circl~ Carbondale, Co. 81623 -=-
Susan Epply
Box 2815
Karin Lamar
325 Cheshire Ct.
--./ Aspen, Co. 81612
Colorado Springs, C~. 80906
Richard and Joanne Howard V
I 08 Surrey St. Carbondale, Co. 81623
Debeque Family Trust V
126 Surrey St.
Anne Knecht
146 Surrey St.
Carbondale, Co. 81623
Carbondale, Co. 81623
-------·-·-------·-------
v -----to1t-:19-RRF<r-------s-aralflJeWOTfe
166 Surrey St. Carbondale, Co. 81623 .--~ ~ 1J ·:
Lot40RRF 4
Lol41RRF4
Lot42 RRF 4
Lot 43 RRF 4
Common Area
~---·-
Kevin and C.onni Bruce
188 Surrey St.
v
Carbondale, Co. 81623
Anne Burro:ws and Rodney Jacobs V
505 N. 51h St. Aspen, Co. 81611
Harold and Phyllis Smith \/
230 Surrey St. Carbondale, Co. 81623
George.Hunter
2960 Foothill Drive
t;assco Realty Corp. V
No Addi"ess
C/O Rani::h at Roaring Fork
14913 Hwy. 82
Provo, Utah 84604
Carbondale, Co. 81623
--------·----
-4'14-0
-C1 qy''l9
-4'"\ 0 Si
BASALT, CO. 81621
'Itt~CEfV ED
JAN 1 \) 200 4
498087 B-991 P-533 09/09/96 01 :20P FG l OF 8
HIUJllED A...SOORF GARFlfl.D COOlm' CLml( AND RECORDER
NORWEST MORTGAGE, INC.
ATTN· i:1na1 OoGUmenlllion: MS 0583
BOO LA SALLE AVENUE. STE . 1000
r.11NNEAPOLIS, MINtlESOTA 55402·2021
(Spkc /.bovc llUs Une For RtcordJnc lh.taJ
DEE D OF TRUST
THIS DEED OF TRUST ("Securi ty lnst111111CDl 0
) is 11.ade o~ "IPTIDIBD 05,
JnCILUL J. OllR.BIR AND BAJIBAJtA L . OIRB.!R , lfUSllAND AND lfIFll:
. ~ ("Borrower"), che Public Trusu:e of QARPilrLD itJ llOllllllST llORTOAGll:, Il!C.
@3 -.
· which Is or&aniud and exi.ocing under the laws of TQ ITA'l'S OP CAJ,IrORNIA
address is . P .O. BOX 5137, DIS llODl'JIS, IA 503065137
Rfl': ocx:: NOT
41.00
l.996 . among chc grintor.
Coun1y ("Trusiee"), and th: bc1.eficiary,
• and whose
("Lender"). Borrower '""es I.ender the pri ncipal sum of
TWO llUNDllSD PirTY TWO TltOOSAHD AH;\ 00/100
r .,u~(U.S.s .... •252 ,000.00 ).
This debc ls evidenced by Borrower's nole dal<d lt1e same d•• as Chis Security lnscrumenc ("Nole"), which provid.:s for
moothly paymen11, with the f\111 debl , if llO( paid esrlior. due and payable on H PTDilD 0 1 , 2011
Th is S«:uricy lnscrumonc secures to Under: (a) the repayment of the deb! evidenced by the ~:oie, with interest, and al l nnewals,
eiteosion• and modifiClllons of the Note ; (b) the payment of all other sums, with interest , advanced under Para&l'IJ!h 7 co
~ prolecl the securi1y of th is Security IOJtrument; and (c) !lie performance of Borro1"er '• oovcnanl5 and agreement s under this
' .. security Instrument and the Note. For lh!J pwp<Jle, Borrower, in considr.ration of che debl and 1he trust berein crca1ed,
.'-ii\-evo.:ably grants aJ>d OODYe)'5 to Trustee, in trust, with power of sale. the following described propcny located in
· GARPilrLD Coumy. Colorado'
LOT 14 . RANCH AT ROAJIIllG POP.It • IV • P I L illlG KO . on , Tllll PLAT or
DOCVllJDn' 110. 274123, CO'OHTY or GARPIILD,
18 A PtJRClllJI• MOlllllY SICORIT'l' DllTlt~.
• ji TAX STATDmNTS SHOULD II SM TO s lfORinraT IMORTCIMI INC ., P.O .
f. BOX 5137, DIS ICOIJllS, IA ~03065137
0015 8rAOSCOACB cua.a, CAboliDAu
f'z.ip COd<J ~("Property Addreu");
!Stm1.<7.cy).
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TRIS CEED, made this .OS day of SEPTEMBER
1996, between ROT aaxc:s Aim .-~ LtmillaTOK ORIC•
O P THE COUNTY OF GARPIELO,c· STATl!-·OF CO
GRANTOR (S} • ·
llICllllL OSllHR UD ~hA ~D .is JOIMT TKIW!T8 ,
GRANTEE(S)
whos e legal a.dd_reas is :
500 CLBRMONT ST ., DENVBR., CO, 80220
CITY OF DiNVBR, COUNTY OF -)) l> Q> H~ ~-~' STATE OF CO
WITD811T8, That for and !n cons:f~~ration ~f the su:n of :..en de" llars
and other good and valu.U>le ~Jnsideration , tbP. receipt and sufficiency ot
which is here~y acknowledged, the grantor has granted, bargained, sold and
conveyed, and by t-,hese prese.its does grant, bargain, sell and corvey and
confirm Wito the gr-..nt.ee, ilis li.eirs and assigns forever. all the real
propert..j.· together With improvements, i f ar,y, situate and lying and bei.19 in
the City of CARBONDALE, County of GARJ'IELD, State of <:'OLORADO, d escribed
as follcws ·
LOT 14, RANCH AT ROARING FORK IV, FILING NO . ONE, THE PLAT OF WHICH JS
RECORDED AS DOCUMl!NT ·No . 274823 . COUNTY O!! GARFIELD, STATE OF COLORADO.
TOOSTllSK. With all and singular the h~redita.Jllol'9nta and appurtenances
the r~to -be.longing, or in anyVise •pper tainfng , and : the reversion and
reversions, remaindere, rente , i••uea and ~rotits thereof, and all the
estate, right, title, intereet, claim •nd demand whataoever of the granter
eicher in laW-or equity,_ of, in a nd to the above bargained premis es , with
the h·?ridi talnerite .zia .... •J>Puitenancee .
To uw AllD TO JIOLI> the. uid ptemiH• above b.argain"u 11nd described,
with th!., app~rt,.tm~5e~.-~1_";.o the g_.rant••. his heir~ and ass i gns :ort.:ver.
And the grant or, for~liiisulelt,~bte heir•. and peraonal repr~1entativea, doed
covena-nt:, gr"Tu&, iiar§iln';"'aiiao'agree t o 11nc(wlth' the Grantee, hi• heirs and .
auigna ; thatc at' the' tlnie of i h.-<_.;;..;&1r.,.f Cieiivery:of the pre•ent•, he is -~
"'ell seizfld cf thi Pn 1i 8e• above ConVeY.d·, h.a 9ood, :•ure, perfect,
aba~lute a~d i ndefeaeible eetate of inheritance, in law, in fee eimple,
an<!. hu·''gOOd right, full power, and lawful authority to gr•nt, bargain,
tell 11nd-co!lve y ti;.'iii._, in'_,~r and •fo'iin H ~aforeHid, and that the
same are-free a.na ·c:-Cl'~-r "tram .1r:. fiJnMr and other· gi'a.nt•, bargairus, ••lei;,
liens, t.a.xea , asaeeeilent1, 9ncwnbiancea afld reatrictiona of wha tever kind
or nature soever , ·exc.ctpt tho•e matter• •• a et forth on Exhibit •A" attached
hereto: ~d i ncorpo ra~·d-~~r~i~ .. ? referenc e .
The gr~nt or shall •nd will ioiaaAir.r '-..., ~''DD',_, the above bargain'd
premise• i n the quiet and peaceable pO•••••ion of th:e grantee, hi• heir•
and •••igna , again•t a.11 and every pera on ur person• lavfully c l aiming the
whole or dny part thereuf, Tl>e •ingul•r nw.ber ahAll include the plural,
t h• plural the singular, and the use of gender •~.&ll be applicable to all
ge~~ L.. ~,· ~,,,,._.. ') . ~ .... ' \ <---=· .
. -. "-:::<.=:::.__ HJ! k~ P~i t. ti·r..'. :;; ~·
ROY R C BARBARA LUDINGTON,G E °"'·--
STATE OF .... 1 ·_.~ .... d l ')
CO'.JllTY <.' \'1i \ ., f} ) ~•.
The foregoing i n strument was acknowledged before me this
H , BY ROY GJ..ICE Nm BARBARA LUDJNGl'Otl GRICE
WX'l111188 coy hand and ~fficial 1eal
coy coomiaaioo expires:
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970 927 9442 Ja.,. 12 2004 06:26P,~ Pl
WARRE~ L. PALMP'.11, ARCHITECT SOX 76' 8A$.\LT, CO. 816Zl
12 January :!00'-1
l>wner;
.~gent:
!\.licha~I und Barbani G~rber
159~) l~inle Ro.,·cr. St. #70fc
Den"er, Co!o.
80202
\'Varrc;n Palmer, Atch!tect
Box .,6l
Basalt, Colo
81621
Submittal ofa Variance Requesr for an addition to the Gerber R<:s~dence, Jo~ted at OOSS Sta!Je
Coach Ct1cl~. Lot i4 Rilr.'h nt Ro.sring Fork IV filing One, Garfield Count)', Colorado
To tl-:c Q3rfield County Planning Office:
I/we, Michael and/or Barbara Gerber, ownets C>f Lor 14, Ranch al Roaring Forte rv. filing One~
located at 008.S Stage Coach Circle, Garfield County, Co!oraOO, authorize Warren Palmer [0 act as our
agent for a submittal a.ppHc1nion for a Variance to our residence in Garfield County. Thi~ authoriza1ion is
written to satisfy the "Vatiance Application"~ page two, item 4 "letter of cGnsent'' portion Qf the
Application Submittal R..::qui:rcmcr.ts
/ .
_____ -::~:~~.:: .. ::. __ ~:f:-$.~;.'"~::?~----·---··-··-···"·
~1ichael and/01· Bubara Gi:rber
Wells Fargo Honie Mortgage
·r11is certifies th:-tt
Michael J Gerber
Barbara L Gerber
Has paid in full loan 591 -7742186 on January 13, 2003 ror the properly or 0085 Stagecoach Cir, Cirhond;,Je CO 8162.r
The rc.lc;isc docutncntc; on the property li~lcd will b(•. prepared ancl !or•vardcd to the county rccorde.r. agent or borro\vcr_ l'he rt":leasc dnc111nent
rousl be rt1.:ordccl in orcler lo clear title. Please allo\v a 111ininn11n of 90 days prior to co11H1cting the county for a copy of yollr release,
Please keep thi~ doo:urnent for your i-ecorcls_
_______ .. __ /fll!_Uary l 3, 100]
Pait/ in PuJI Dare
-: I-his u:.:rtifi:.:-:ltion <l1.:kn<n\·leJg1.'<.; receipt ot lnnd:~ suhn1ittcd .l!' p:1voff c1: thL' ;ih1)\"l' n:.f.,_•renCL'd ln:111. \\?di.., F:1rgo l·lo11H· :'vlongagl' ''i!l p1:00:.:ess thl' rdL'.l'->C ~«>long ;lS '.ht
p;·1y1)ff fund-. h;l\L 11c1r h\..";.'rl rcjcl:t.::-d/:·c1ur11rd h:,· th;; i11sticuti,.111 upDn ,,·hi(h d1( p:1\-(itt tunds arc dr~l\\'f, you lu_ll\· (c11n'.")l} \Vi th the renn.., 1)t thl' n·spL'(~l\l' p;l~off ".l<llL"llli?1!L
:n1d :111 '-11111\ '>lT11n·d l1y rh!· Sc(nnry J11..,1n111u·111 h;J\'t' ht·t·11 p.1·d HI fu'l. T11t-. ccrr· f1c.uion .. th.1'! he 11:111 .ind 'oid ~111d h.l\'~ no hl•,u·ing l..:,·id1.·11t1.11·y nr 01l11:r'' l"l') 011 '.'\: .. ell'>
F;.1rgu f-{n1r1..· :\tiortµ;1gc\ cffol'I' or 01bilit~ rn rl.·1,;cg·t·r..:<1rpor;ttl'.: ltu'ds ,1dr.1n::.:L·:.I on th: l1•;1n, t'1)f' an' n·a~on, Pr 1t.., elf11rt to re111-;r.1t(' t:H." '.,c(urit\' '!Hl.'t'cs1 \\'h•:ll lhl' '-;cciffir~·
ln'.'>tr111111"11t h.l'i bc(.'Jl rl.'\c;.1scd, '.'-ttisficd or l"L"lO!l\"L·)Td in ..:crnr, e:r \vhi.:rc thl loJ11 \\ .i~ p.11d 111 lull in cn:1r. \\;\·II:-. F.111-!,11 l-h111H· \ln· 1g.1gr ITSt.:l'\l'\ :1\l "ight" :111d n·1n<·d1r..,
under t\:c \:t1te :111d l.\cl:uri·.~· l11~1n11·lt·111 if .1 lull p·.1yoff i<; nn'. n·ct•11'l'd
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WARREN L. PALMER, ARCHITECT BOX767
LIST OF 200 FT. ADJACENT PROPERTY OWNERS TO LOT 14 RANCH AT ROARING FORK IV
Loll RRF 4
Lot3 RRF4
Lot 4 RRF 4
Lot 5 RRF 4
Lot II RRF4
Lot 12 RRF4
Lot 13 RRF 4
Lot 15 RRF 4
Lot 16 RRF 4
Lot 17RRF4
Lot 23 RRF 4
Lot 24 RRF 4
Lot 25 RRF 4
Lot 26 RRF 4
Lot 36 RRF 4
Lot 37 RRF 4
Lot 38 RRF 4
Lot 39 RRF 4
Lot 40 RRF 4
Lot41RRF4
Lot 42 RRF 4
Lot 43 RRF 4
Common Area
John and Nancy Thorpe
0038 Stage Coach Circle
Franklin B. Hallowell Jr.
IOI Stage Coach Dr.
John and Melissa Heir
0041 Stage Coach Circle
Richard and Dolores Fischer
15 Stage Coach Circle
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Tamara Perry and Gregory Kerbel
0130 Stage Coach Circle Carbondale, Co. 81623
Sally Ann Noelker
0100 Stage Coach Circle
Robert Vanraden Jr.
75 Stage Coach Circle
R. Ramanus
125 Stage Coach Circle
Mike and Debbie Ramanus
125 Stage Coach Circle
Daniel and Mary Ellis
141 Stage Coach Circle
Stanley and Patricia Ritchey
24 Rainbow Court
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Arnold, Dorothy and Terry Larson
303 Stage Coach Circle Carbondale, Co. 81623
Susan Epply
Box 2815
Karin Lamar
325 Cheshire Ct.
Richard and Joanne Howard
108 Surrey St.
Debeque Family Trust
126 Surrey St.
Anne Knecht
146 Surrey St.
Sarah DeWolfe
166 Surrey St.
Kevin and Conni Bruce
188 Surrey St.
Aspen, Co. 81612
Colorado Springs, Co. 80906
Carbondale, c;o. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Carbondale, Co. 81623
Anne Burrows and Rodney Jacobs
505 N. 5th St. Aspen, Co. 8161 l
Harold and Phyllis Smith
230 Surrey St.
George Hunter
2960 Foothill Drive
Cassco Realty Corp.
No Address
C!O Ranch at Roaring Fork
14913 Hwy. 82
Carbondale, Co. 81623
Provo, Utah 84604
Carbondale, Co. 81623
BASALT, CO. 81621
Tl9J8 '010:> .L'IVSl'U
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WARREN L. PALMER, ARCHITECT
13 Jan. 2004
Garfield County Planning Office
108 8'11 St., Ste. 201
Glenwood Springs, Co. 81601
BOX 767 BASALT, CO. 81621
RE: Variance Request for Lot 14 Ranch at Roaring Fork IV, Filing One, 0085 Stage Coach
Circle. The Gerber Residence.
Dear Planning Office:
We are requesting a Variance to the Garfield County rear yard setback for a 309 sf. family room
addition. Lot 14 is overlaid with 3 separate setback situations, the 1970 County Zoning setbacks,
the 1976 Plat and Covenants for Ranch at Roaring Fork IV, Filing One and the Platted Utility
and Drainage Easements. These are listed and graphically indicated on the attached "Sketch
Map". The original house, built in 1979, appears to have been located to satisfy only the Utility
and Drainage Easements and the County and Covenant front yard setback from Stagecoach
Circle.
We have applied to the Ranch at Roaring Fork Architectural Committee and have been granted
approval for the addition, as proposed, using the 15 ft. Utility and Drainage Easement setback
from the Prope1iy Line on the (northwest) streamside, which has been the subdivision standard.
We are requesting a Variance ofa 10-ft reduction to the Garfield County 25-ft. rear yard setback,
based on the following hardships:
I. Because Lot 14 is a corner lot, with a dual front yard and dual rear yard, the strict
interpretation of the setback overlays produces a buildable area of exceptional
narrowness (30-40 ft.) and an irregular shape. This precludes building in any direction,
except in front of the garage.
2. The 15-ft. setback, to the streamside, is consistent with what has been previously
approved in the Subdivision and in addition maintains the original intent of the lakeside
setback established in the Covenants for rear yards. Because there is a conflict between
the County Zoning setbacks and the Covenant setbacks, the County setback requirement
would reduce the lakeside setback and increase the streamside setback, which is
inconsistent with the intent and the actual application of setbacks in the Subdivision. (The
County standard requires only a 5-ft. setback on the lakeside, while the Covenants require
a 30-ft. setback.) Allowing the 10-ft. setback reduction on the streamside, in effect,
maintains the County side yard setback and the Covenants lakeside (rear yard) setback
and in addition, the Utility and Drainage easement setback in both locations. It is the
minimum required change to accomplish this and maintain the consistency of setbacks in
the Subdivision.
3. The circumstances of the inconsistency of the setback overlays is not the fault of the
applicant and is unique to this property, because of the dual front yard, rear yard and both
the lake and stream occurring on the property boundaries.
r~nr~ '\l~rren Palmer
WARREN L. PALMER, ARC ••• fECT
Barbara and Michael Gerber
1590 Little Raven St. #706
Denver, Co. 80202
22 Dec. 03
RE: Zoning Lot 14 Ranch at Roaring Fork
Dear Barbara and Michael:
BOX767 HJ-. .LT, CO. 81621
I am going to outline the different setbacks for (I) Garfield County (2) Subdivision Covenants (3) Platted
Easements.
I. 1970 Garfield County Zoning (Accomodation I Resort):
Front Yard: 25 ft. (defined as the side with access to the house, Stagecoach Circle in our case)
Because lot I 4 is a comer lot, the property line on Rainbow Ct. is a 25 ft. rront yard also.
Rear Yard: 25 ft. (defined as the lot line opposite the access side, or the streamside lot line in our
case) The Ranch considers this a side yard set back.
Side Yard: 5 ft. (In our case the lakeside County Setback is only 5 ft.) The Ranch considers this a
rear yard, because of the lake.
2. 1976 Subdivision Covenants:
Front Yard: 30 ft. (undefined as far as which is a front yard on a comer lot)
Rear Yard: 30 ft. (noted for lakeside but undefined for streamside or for interior lots)
Side Yard: 10 ft.
3. 1976 Platted Easements:
Front Yards: l O ft. (both streets)
Rear Yards: 15 ft. (lakeside and streamside)
As it exists now, if we maintain the access off of Stagecoach Circle, Garfield County considers the streamside
property line as the rear yard and would require a 25-ft. setback. The Ranch considers the streamside a side yard
with a Covenant set back of l 0 ft. and an Easement set back of 15 ft. Even though the Ranch has approved the 15-ft.
setback on the streamside, the County would require a Variance to reduce this setback tram 25 ft. to 15 ft. for the
project.
Please give me a call to discuss, after you've had a chance to review.
Warren
December 17, 2003
:Mr. & Mrs. Michael Gerber
1590 Little Raven Street #706
Denver, CO 80202
Ref: Ranch at Roaring Fork Residence Addition
0085 Stagecoach Cirole
Carbondale, CO 80623
Dear Mr. and Mrs_ Gerber:
M0·48J8 r 0i4
Thank you for your patience regarding the approval process for the addition to your
home. The Archi~'tllral Committee bas reviewed and approved your application to
place an addition on your house at 008S Stagecoach Circle.
We were especially concerned that his addition met all the set back and easement
requirements. The applicable covenants (IV) describes set backs as follows:
8.3 Each single-family dwelling shall be set back from the lot lin~s as follows:
a. side yards: 10 feet
b. from yards: 30 feet
c. back yards: 30 feet on lakes side
The Architectural Collllllittee has determined the following:
l. The proposed addition is on the rear of your house, but it adjoins a stream, not
a lake.
2. The covenants are silent about rear set backs in situation other than adjacent to
a lake.
3. Although 11ot the reason for granting approval, a portion of the Epply
residence, 0400 Rainbow C'-Ourt, located adjacent to your lot on the same
stream, appears to have a set back ofless tban l S feet from the stream.
~ 14913 Highway 82 • Carbondale. Colorado 81623 • (970) 9&3-3500
Dec.19. 2003 5:03PM R~NCH Ai ROAR!NG FCRK
4. There is, however, a 15 foot utility and drainage easement running along your
north property line and your addition cannot encroach on this. N. proposed, it
does not, but special care needs to be taken during constmction to insure that.
a. The new foWldation is outside this easement
b. Any temporary disruption of this easement during construction is fully
restored to the original condition immediately upon completion of
construction.
Finally, due to the importance of the stream, you must make special efforts during
construction to ensure that no excavation or constmction material washes, blows, or falls
into the stream.
Please have your builder contact the Ranch t)ffice prior to construction start for a pi-e-
construction meeting. At that time I will review the rules and regulations for the
construction temn regarding Ranch contacts, hours of work, parking, trash removal,
noise, etc. Do not hesitate to contact our office with any questiom or concerns. We can
be reached at (970) 963-3500.
On Behalf of the Ranch at Roaring Fork
Architectural Review C-0mmittee,
~~:,
Chris Ehlers, Manager
The Ranch at Roaring Fork
WARREN L. PALME
Arc hitect
P.O . Box 767
BASALT, CO LORADO 81621
PHONE (970) 927 -9442 (Basalt)
FAX (970) 927-9442 + 11
~I E:.LD VGV\ITTJ'
TO ~vHV9~N &-+ r [k..N fJ r Ntr WYG
~o ~ ~~ ~ 471fi: , 'lo r
Letter ~f Transmittal
WE ARE SENDING YOU 0 Att ached ~ -l::JndeMteparate-cuver via .JtAND WY · the following ite m s:
0 Specifications 0 Shop drawing s 0 Pri nts 0 Plans 0 Samples
0 Copy of letter 0 Change order 0 -------------
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITIED as checked below:
0 For approval 0 Approved as submitted 0 Resubmit _ copies for approval
0 For your use 0 Approved as noted 0 Submit _ copies for distri bution
0 As req uested 0 ~ed for corrections 0 Return _ corrected prints
'}iii. For ·review and comment
0 FOR BIDS DUE 19_ 0 PRINTS RETURNED AFTER LOAN T O US
REMARKS .f;,e..Jzt1 ~LP CD V1 Nio/ FLAN N HJfr ;.
~ AND f'--~b+W "'IAIZ~WCE: ~T APPUCATIO~ FoCZ.
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COPYTo ~+fJ\l~ ~ SIGNE D ~~~
It enclosures are not as noted, kindly noti fy us at once.