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HomeMy WebLinkAbout5.0 Variance• APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners name: Richard D. ?•'organ Date: Sept. 11, 1974 Owners address: 11772-320 Road Hearing Number: SS Phone: 625-1253 1. Present zoning: Residential/Limited/Urban Density Area: 11 acres 2. Describe variance you are requesting: Requesting non -conforming use of a portion of this property to provide a sales outlet for agricultural and Lleenhouse products and greenhouse supplies. 3. Why do you feel that the variance should be granted: (refer to instructions, use additional pages if needed) (See attached sheet, 1A)" • -1A- 4 3, Variance should be granted because prior to county zoning of this area an established business consisting of hydroponic and greenhouse facilities was in operation. The owner purchased the property some months prior to establishment of zoning regulations. In executing this purchase, the owner recognized, planned for and expended some preliminary funds to provide a sales 'utlet for the production of his hydroponic vegetables. Further, plans for expanding this business into the area of greenhouse items (bedding plants, flowers, nursery stock, etc.) were made. Thus, a business was purchased, plans were made and monies expended toward establishing the capabilities to grow and market the product prior to any zoning regulations in the area. The property provides adequate room for placing a small sales building. This would be 30' x 24'. The two hydroponic sheds themselves are 30' x 140'. The owner has no other property which could provide an alternative. Not to grant this variance would essentially undermine the ability of the owner to develop and build a means of livelihood, and would impose upon him regulations made long after an established business was in operation.. It would also seem that these regulations disregard the fact that this business was there and actual sale of the product to customers driving to the production point have been routine and have never caused a neighborhood complaint. • • GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Meeting #55 Members Present Mark Bearwald Carter Jackson Ed Wilson James Rogers Dick Jolley Citizens Present Bernard M. Collett Richard D. Morgan G. L. Oldsen Marie Bernklau Darleen Mackley Arnold L. Mackley October 3, 1974 County Officials Present W. C. Milner Ed Feld Chris Fulker Building Official Deputy Sanitarian Recording Secretary The meeting was called to order by Carter Jackson, Acting Chairman for Dave Stacey at 4:05 P.M. MOTION: made by Mark Bearwald seconded by James Rogers that the minutes of meeting #54 be approved as written. Board vote: Mark Bearwald aye James Rogers aye Carter Jackson aye Dick Jolley aye Ed Wilson aye The Richard D. Morgan application was the first to be considered. Presented and made a part of this record was an application with attached map of area, a $10.00 fee, proof of publication and receipts for registered mailings. Mr. Morgan explained that he had purchased the 12 acres approximately a little over a year ago. There were greenhouses already on the property which had been there about 6 years. He stated that he would now like to expand the business and get into retail operations: selling tomatoes and bedding plants right from the greenhouses instead of going through retail stores. The zoning in this area is Residential / Limited / Urban Density which does not allow retail operations. Mr. Milner stated that this property is bounded on the rear yard by a Agricultural/ Residential zone district which would allow retail operations for the goods pro- duced from greenhouses. He further stated that a few of Mr. Morgan's neighbors have contacted him on whether or not their tax structure in that area would be raised because of this retail business expansion; which it will not. He also noted that there seems to be noone in opposition of this request. Mr. Feld asked if any public facilities were going to be installed -- septic system, wash basin, etc. Mr. Morgan stated that the exact plans have not been finished at this time,but that he doubts if any public facilities will be installed, that this business will simply be a very deluge road -side stand type operation. -2 - Meeting #55 Garfield County Zoning Board of Adjustment October 3, 1974 MOTION: made by Mark Bearwald seconded by Ed Wilson to approve the application of Richard D. Morgan as submitted. Board vote: Mark Bearwald Carter Jackson Ed Wilson aye aye aye James Rogers aye Dick Jolley aye The Arnold L. and Darleen Mackley application was the second to be considered. Submitted and made a part of this record was an application with attached map of property, a fee of $10.00, proof of publication and reciept for registered mailings. Mr. Mackley stated that he had purchased this property from his mother-in-law, Mrs. Marie Bernklau, about 2 months ago; but she would still like to live on this property,and be near her children,in a separate trailer. He stated that he now has a contract for a trailer but has not as yet purchased it. The power and water (existing spring) are already at the spot where we would like to put the trailer. He further stated that they have not bought an FB type modular home because he estimated the cost to be about 100% more than a mobile home which was completely out of their range. The general concensus of the Board was that they all felt very sympathetic for this situation but could not find a hardship. Mr. Milner stated that the previous Board of Adjustment approved a variance similar to this stating that only a par- ticular person(s) could live there; and when this person left, the trailer must be removed also. MOTION: made by Mark Bearwald seconded by James Rogers that the Mackley appli- cation be approved for the length of time that Mrs. Marie Bernklau resides in the trailer, and when she has left, the trailer must be removed. Board vote: Mark Bearwald Carter Jackson Ed Wilson aye aye aye James Rogers aye Dick Jolley aye Meeting adjourned at 4:35 P.M. Respectfully submitted, Carter T. Jackson) Dick Jolley Acting Chairman Secretaq ( '1/( :L'J Cris Fulker Recording Secretary