HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 401
----~ Glenwood Springs , Co lorado 81601
Telephone: 970.945.8212 Facsimile : 970 .384 .3470
www.garfield -county.co m
VARIANCE APPLICATION
GENERAL INFORMATION
(To b e completed by th e applica nt.)
f h e. / fJ I=.
);> Name of Representative (if other than owner)::5drnes. b:J 1-n l c::.L ~{cx1Jfecxh1..,(
l> Addr'?'~' )0 IO ~cu.nd19 ue Telephone: Cf,)J -8999
);> City :((J &n wo o ~c '"§' state : il> Zip code: !/60 I FAX :~-9ro I
STAFF USE ONLY
);> Doc. No.: _____ Date Submitted: ____ TC Date: _____ _
~ Planner: Hearing Date:---------
;;... Zone District:
DEC 1 9 2006
GARF IELD COUNTY
BU ILDING & PLANNING
II. PROCEDURAL REQUIREMENTS
(The following step s outline how the variance application review proce ss 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 reque sted variance.
3 . It is so lely the Appl icant's responsibility to ensure proper noticing occurs regarding the
requested variance and the public hearing. If proper notice ha s not occurred, the public
hearing wi ll not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, de sc ription of the s ubject
lot, a description of the proposed v ariance and nature of the hearing, and the date,
time and place for the hearing shall be given once in a newspaper of general
circulatio n in that portion of the County in which the subject property is located at
le as t th irty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be prese nted at hearing by the applicant.
b. Notice by mail , co ntaining 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 inte re st
in th e subject property at le ast thirty (30) but not more th an six ty (60) days prior to
such hearing time by ce rtified return receipt mail, and receipts sha ll be presented at
the hearing by the applicant.
c. The site shall be posted s uch that the notice is clearly a nd conspicuously visible
from a public rig ht-of-way, with notice signs provided by the Pl anning 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 poste d 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 va riance 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
Appli ca nt with a signed resolution memorializing the action taken by the Board.
I have read the statements above and have provided ~quired attached information
whi nd accurate to the best of ge.
3
December 18, 2006
Andy Schwaller
Chief Building Official
County of Garfield
Dear Andy:
Please be advised that Jim Gornick and Todd Leahy of the A-Team Realtors in
connection with the Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
in the County of Garfield, Colorado are authorized to speak on my behalf and process the
application for me.
Stephen Damm
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY(hereinafter COUNTY) and ~ Le '1;~ ~ 1 ~ b/'u,.J (
(hereinafter APPLICANT) agree as follows:
l ~er . APPL! CANT has submitted to co UNTY an application for I) a"' Jo ,. <'.-<:. /2,,t ,, n :, i Jb / ~ '-/ ~ /-/..Q/'±t:-'2. e5 5b b . (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. APPLIC.ANT and CO UNTY 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 additiona l cost s to be billed to APPLICANT. APPLICANT agree s to make additional
payments upon no tificat ion by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclus ive of any cost for publication or cost of consulting
service determined necessary by the Board of County Commissio ners for the considerat ion of an application or
additional COUNTY stair time or expense not covered by th e Base Fee. If actua l r ec ord ed costs exceed the
initial Base Fee, /\.PPLICANT shall pay ad ditional billings to COUNTY to reimburse the COUNTY fo r 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 u se permit , zoning amendment , or subdi,~sion plan.
APPLICANT
Date: J!. -;;;? I ·-cJ (e
Print Name
Mailing Address:
10/2004
6'1~.-t /h
co .f?/b0 f
Page4
Owners within 200 feet of the Stephen Damm Property (218506200060)
00-059
Donna Lee Humble
0038 Donegan Road
Glenwood Springs, Co 81601
00-58
Marsha Kesserling and Joanne Mae Stanley
0036 Donegan Road
Glenwood Springs, Co 81601
00-056
Thomas E. and Susan M. Herbst
28131 N. Lake Drive
Wauconda, Il 60084-1277
00-018
James M. and Theresia Huff
100 CR. 130
Glenwood Springs, Co 81601
00-069
Stephen F. Weller
80 Donegan Rd.
Glenwood Springs, Co 81601
00-068
Paul James and Nancy Fern Jacobsen
66 Donegan Road
Glenwood Springs, Co 81601
00-029
International Church of the Foursquare Gospel
DEA Sonlighl Church
0355 C.R. 132
Glenwood Springs, Co 81601
00-055
Buster-Fuller Enterprises, LLC
0642 Frying Pan Road
Basalt, Co 81621-9705
00-016
Robert F. Metzler
P.O. Box 1198
Idaho Springs, Co 80452-1198
Jasper Freese
217E.18thSt.
Greeley, Co 80631
Andy Schwaller
Chief Building Official
Garfield County
The Ii orTEAM~
Real Estate with VALUE!
ATeam Value .com
Re: Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
Dear Mr. Swaller:
The purpose of this letter is to describe the hardships encountered on the above referenced lot by its
current owner, Stephen E. Damm . In the owners attempt to place a small single family residence on
the above mentioned lot.
Background:
Lot 5 of the Herczeg Subdivision plat was approved as part of the subdivision exemption granted via
Res olution No. 96-058 in 1996, attached as Exhibit F. The subdivision exemption plat created five
(5) lots, four (4) of which cutTently contain single family residences which are primarily pre-
manufactured homes. Lot 5 lies at the southerly end of the Herczeg exemption and is a uniquely
shaped lot as is evident from the attached plat (Exhibit A). Due to the triangular nature of the lot the
front and rear yard set backs in conjunction with a currently existing utility easement create an
unusually small building envelope. This building envelope is unlike any other in either the Herczeg
Subdivision or the Zone District in general.
The Damms purchased Lot 5 with the intention of placing a similar pre-manufactured home as those
cun-ently in the neighborhood. However, upon application for a building pennit it became clear that
the building envelope is insufficient to suppo11 this use . Consequently, the Damms requested a more
fonna l interpretation by the Planning Depa11ment as to what the Planning Department depicts as the
front and rear yards of the subject property in order to fully detennine where the building envelope
exists. After receiving that detem1ination, the Damms decided the best course of action was to apply
to the Board of Adjustments for a valiance for both the front and rear yard set backs.
Current Conditions:
The cun-ent lot configuration set backs and easements are shown on the attached exhibit B prepared
by the Garfield County Planning Department. You will note that the building envelope is triangular
in shape and limited in size due to the set backs and the utility easement.
. PO Box 1988, Glenwood Springs, CO 81602 • 970-928-8999 •Fax 970-928-9001
Page Two
Re: Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
Attached as Exhibit Care a series of photographs of the existing site. Also, attached is Exhibit D,
photographs of the neighborhood including the Storm King Mobile Home Park which abuts the
subject property to the southeast. Of note, all but one of the adjacent properties is a single story pre-
manufactured home in a ranch style configuration.
Proposed Variances:
The Damms propose to place a 27.79' x 67.83' pre-manufactured home on the property. In order to
do so it will be necessary to obtain a variance of 6.58' feet from the front yard set back and IO' feet
from the rear yard set back as depicted on Exhibit E (Damm residence original lay-out) prepared by
High Country Engineering.
Approval of these variances is sought from the Board of Adjustments in that the requests are
consistent with the requirements of Section 9.05.03 of the Garfield County Subdivision Regulations.
Specifically Lot 5 ofHerczeg Subdivision exemption is exceptionally narrow and irregular in shape.
This creates an extraordinary and exceptional situation for the subject property as compared to the
other lots within the Herczeg Subdivision. The results of which have produced peculiar and practical
difficulties, as well as exceptional hardship upon the Damms and their desire to create a single
family residence for themselves.
The requested variances are the minimum necessary to alleviate the practical difficulties and undue
hardship upon the Damms regarding the subject property. The relief being granted will not
substantially harm the public good or the intent or purposes of the general plan or the subdivision
regulations in that it provides for a consistent housing type with that in the neighborhood as well as
the adjoining neighborhood. Further, the relief being requested will promote the purposes of the
Garfield County comprehensive plan, in that it creates an affordable housing opportunity rather than
forcing the applicant to create an expensive and unusual custom home which is inconsistent with the
neighborhood surrounding it.
The circumstances that constitute the hardship (i.e. the unusual shape of the lot, and the
exceptionally small building envelope) were not caused by the applicant as it was previously platted
when the applicant took title to the subject property and it is a general condition within the zone
district. Further, it can not practically be corrected with out a variance as requested for the front and
rear yard set backs.
Page Three
Re: Lot 5 Her czeg Subdivision Exemption Plat Application for VaLi ance
Summary:
In summary, the Damm s reques t that the Board of Adju stments approve these var iances to allow for
a modest single fami ly residence on Lot 5, whi ch confonns to the existing neighborhood of the
Herczeg Subdivision. Shou ld you have any further qu es tions or the need for furth er information
prior to the Bo ard of Adjustments hearing please do not he s itate to co nt ac t us at 928-8999.
Description of Utilities:
1. Domestic Water Source. The water source is the City of Glenwood Springs.
2. Sewage Disposal. The sewage di sposal is We st Gl enwood Sa nitation.
3. Electric. The e lectr ic is the City of Glenwood Springs.
4 . Gas. The gas is Kinder-Morgan.
Glenwood Springs, CO 8 16 0 1
Office (970)928-8999
Fax (970)928-900 l
The A-Team, Inc.
Attachments
l . Exhibit A -Plat
2. Exhibit B -Prepared by th e GCPD
3. Ex hibit C-Photographs of th e ex ist ing s ite
4. Ex hibit D -Photographs of the neighb orhood
5. Ex hibit E -Damm re s idence origina l lay-out
6. Exhib it F -Reso lution No . 96-058
File No. 0605124
EXHIBIT "A"
Lot 5
Herczeg Subdivision Exemption Plat
recorded January 21, 1987 as Reception No. 378331
AND
A parcel of land situated in Government Lot 4, Section 6, Township 6 South, Range 89 West of the Sixth Principal
Meridian, County of Garfield, State of Colorado, said parcel also being a portion of Lot 1 of the Betz Subdivision
Exemption and being more particularly described as follows:
Beginning at the easterly line of said Betz Subdivision Exemption, also being at the westerly line of Herczeg Subdivision
Exemption, from which the southwest corner of Section 34, Township 5 South, Range 89 West of the Sixth Principal
Meridian, a G.L.O. brass cap standard monument bears North 57°43'00" West 570.58 feet; then North 61°40'00" East
along that line common to Betz Subdivision Exemption and Herczeg Subdivision Exemption, a distance of 60.50 feet;
then South 28°20'00" East along said common line, a distance of20.00 feet; then South 61°40'00" West along the easterly
line of Betz Subdivision a distance of 60.50 feet; then North 28°20'00" West a distance of 20.00 feet; to the POINT OF
BEGINNING.
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Exhibit "F"
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{;• :){l~,P ALSOORF GARFIELD d'x'.wl'Y CLERK 00 RECO!IDER
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When the following ~-~~o~ 'Were. bad and dollC, to-wit:
... ~S~LUTIONNO. 96-osa
.• A RESOLUTION CON~ ~Anm' APPROVAL OF A CONDmON'AL USE PEltM.lr .
APl'LICATION BY STEPHE)'lf:ip{c~ · . · .
. ·•· .
. . . . WlIBREAS,tbe Boatl!~!()f&~Commissjoners ofGarfiektCollllty, Co~;~~
ajjplication from STEPHEN f!;'~~mlfor a home OC()upetion on the fullowiog deler~ b'liit of~:
Located on Lot I, ~i~.Eltallptionplat as recorded 1121/87, Rel:optionNO, 37l331 -,. --'Z' __ :·-~.~ , -, - -. .
(in.the State ofeo1o•"i~11fibc County of<latfiokl); and
•·· .. · .. WHEREAS. tbe~l~)t~·~onthe 19thdayofAUll1Jll, 1996, upon~~nof .
. ·wllj!ther. ~abo~~~f'U¥·Pet:mit lhould be gnmtellor ~ --·~~t¥
· .. P!~ -1~ ~ w~~~itheoppottuility to express their opinions ~iiiiJ'fJle"ljfjlitiee of
Mid Condltiollll Ule Perm; 1!1111"' ' .. . .
12/18/2006 13:01 FAX 9709454784 LTG~GLENWOOD SPRINGS ~ 002/003
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4. The· CUP permit !:r~J,.~--~-~.~ owner. un4et·Wllidl·•ti.· ~~~*:' ~. &"*cpW'iY•Wflli:bavc'to·ijlply rota CUP·to coliPIC •·~~ on the property. · .. · · · · ·
Dated this~ day of SBPTQBIR , A.O. 19---2§_.
A'.ITEST: GARFIELD COlNTY BOARD OF
COMMiss.IONERS, GARFIELD COUNTY.
COLORAOO
Cbainnln
Upon Dkllion duly mllde 11¥1 IOCOlldi!d the tbreaoina Relolution was adopted by the following vote:
---MARIAN 1. Sll1'.11H
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12/18/2006 13:03 FAX 9709454784 LTG-GLENWOOD SPRINGS ~ 003/003
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Owners within 200 feet of the Stephen Damm Prope11y (218506200060)
00-059
Donna Lee Humble
0038 Donegan Road
Glenwood Springs, Co 81601
00-58
Marsha Kesserling and Joanne Mac Stanley
0036 Donegan Road
Glenwood Springs, Co 81601
00-056
Thomas E. and Susan M. Herbst
28131 N. Lake Drive
Wauconda, II 60084-1277
00-018
James M. and Theresia Huff
100 C.R. 130
Glenwood Springs, Co 81601
00-069
Stephen F. Weller
80 Donegan Rd.
Glenwood Springs, Co 81601
00-068
Paul James and Nancy Fern Jacobsen
66 Donegan Road
Glenwood Springs, Co 81601
00-029
International Church of the Foursquare Gospel
DBA Sonlight Church
0355 C.R. 132
Glenwood Springs, Co 81601
00-055
Euster-Fuller Enterprises, LLC
0642 Frying Pan Road
Basalt, Co 81621-9705
00-016
Robert F. Metzler
P.O. Box 1198
Idaho Springs, Co 80452-1198
Jasper Freese
217E. 18th St.
Greeley, Co 80631
Parcel Detail Page 1of3
Garfield County Assessor/Treasurer
Parcel Detail Information
Assesso1fl):e<1smer Property Seilrch I Assessm:i>_\lbseLQue_ry I A~~ssor Sales s_earch
Clerk<-ll.Rec:ordnRi:c;eptionSt:Iirc.h
Basic_Buil<li11g .ChiJracteristic_s_ I Tax_Jufonnation
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
Land Detail I Photographs
I TaxArea II Account Number II Parcel Number II Mill Levy I
I 001 11 R020496 II 218506200060 II 69.967 I
Owner Name and Mailing Address
IDAMM, STEPHEN E I
\so PONDEROSA CIRCLE I
)GLENWOOD SPGS, CO 81601 I
Legal Description
)SECT,TWN,RNG:6-6-89 DESC: LOT 5 11
\HERCZEG SUB-DIV. EXEMPTION PLAT I
jPRE:R020131 BK:0447 PG:0597 BK:0412 I
\PG:Ol31 BK:l815 PG:676 RECPT:701163 I
jBK:0826 PG:0985 BK:0826 PG:0984 I
\BK:0826 PG:0983 BK:0791 PG:0644 I
Location
Physical Address: llGLENWOOD SPRINGS I
Subdivision: J
Land Acres: 110.21 I
Land Sq Ft: )lo
I Section II Township II Range I
I 6 II 6 II 89 I
http://www.garcoact.com/assessor/Parcel.asp? Accoun tN umber= R020496 12/19/2006
Parcel Detail Page 2 of 3
Property Tax Valuation Information
11 Actual Value II Assessed Value I
I Land: II 110,00011 8,7601
I Improvements: II 011 ol
I Total: II 110,00011 8,7601
Sale Date: 1(6130/2006
Sale Price: 1(154,900
Basic Building Characteristics
Number of Residential lo
Buildings: I
Number of Comm/Ind lo I Buildings:
No Building Records Found
Tax Information
I Tax Year II Transaction Type II Amount I
I 2005 II Tax Payment: Whole II ($612.92)1
I 2005 II Tax Amount II $612.921
I 2004 II Tax Payment: Whole II ($626.52)1
I 2004 II Tax Amount II $626.521
I 2003 II Tax Payment: Whole II ($560.30)1
2003 II Tax Amount II $560.301
2002 II Tax Payment: Whole II ($601.24)1
2002 II Tax Amount II $601.241
2001 II Tax Payment: Whole II ($606.78)1
2001 II Tax Amount II $606.781
2000 II Tax Payment: Whole II ($544.00)1
I 2000 II Tax Amount II $544.ool
I 1999 II Tax Payment: Whole II ($509.96)1
I 1999 II Tax Amount II $509.961
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http://www.garcoact.com/ assessor/Parcel .asp? AccountN umber= R 0204 96 12/19/2006