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HomeMy WebLinkAbout3.0 CorrespondenceSeptember 14, 2015 Michael Sawyer Karp Neu Hanlon, PC P.O. Drawer 2030 Glenwood Springs, CO 81602 mjs@mountainlawfirm .com Garfield County Community Development 108 8th Street, Suite 40 I, Glenwood Springs. CO 8160} Office : 970-945-821 2 Fa x 970.384 -3470 Reference: Aspen Equestrian Estates Lot C14 Variance File Number VARA-09-15-8385 Dear Mr. Sawyer; This office is in receipt of the application requesting a variance to the side yard setback for Lot C14 owned by Dean Bramlet. The site is located within the Preshana PUD and platted as the Aspen Equestrian Estates Subdivision. It appears that the submittal information required by Section 4-115 of the 2013 Land Use and Development Code, as amended (LUDC) was included in the application which has been deemed technically complete. Just one note on the submittal documents - a Statement of Authority is not required for this application since Mr. Bramlet personally owns the parcel. It appears that the provided document is to be used as a letter of authorization for Karp Neu Hanlon, P .C . to act on his behalf, is this correct? A public hearing has been scheduled with the Board of Adjustment on Monday, October 26, 2015 at 6 :30 p .m. As matter of process, the Board of Adjustment's public hearing will be noticed and advertised in accordance with Section 4-101 E. of the ULUR. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present an executed copy of the provided 'Public Hearing Notice Information Form ' at least one week prior to the public hearing so that the Attorney's office may review the documentation. The item cannot be heard if correct noticing requirements have not been met. E. Notice of Public Hearing. AEE, Lot C14 Variance VARA-09-15-8385 When a Public Hearing is required, notice shall be provided. The type of notice required is identified in Table 4-102, Common Review Procedures and Required Notice. 1. Notice shall be provided as follows: a. Notice by Publication . At least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing before the Planning Commission or BOCC, the Applicant shall publish notice of a Public Hearing in a legal publication, unless otherwise specified by State law. b. Written/Mailed Notice to Adjacent Property Owners and Mineral Owners. (1) Written notices shall be provided at least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing . (2) The Applicant shall send written notice by certified mail return receipt requested to all Mineral Owners. The Applicant shall send written notice by certified mail to all Adjacent Property Owners. {3) Written notice shall be provided to the owners of record of all adjacent property within a 200-foot radius of the subject parcel as shown in the office of the County Clerk and Recorder or Assessor at least 15 calendar days prior to sending notice. (4) Written notice shall also be provided to owners of mineral interests in the subject property (other than construction materials as defined in C.R.S. § 34-32.5-1 , in accordance with C.R.S . § 24-65.5-101, et seq., as such owners can be identified through records in the office of the Clerk and Recorder or Assessor, or through other means . c. Posting of Notice. At least 30 and not more than 60 calendar days prior to the date of a scheduled Public Hearing, the Applicant shall post a notice of the Public Hearing on the property. Posted notice shall consist of at least 1 sign facing each adjacent road right-of- way, and located so as to be fully visible from the road right-of-way generally used by the public. The notice signs shall be provided to the Applicant by the Community Development Department. 2. Contents of Notice. The notice shall follow a form prescribed by the County. 3. Applicant Responsibility. It shall be the responsibility of the Applicant to provide the names and mailing addresses of Adjacent Property Owners and Mineral Owners as identified in section 4-101 .E.1.b.(3) and (4) as part of the application. 4. Proof of Notice. At the Public Hearing, the Applicant shall provide proof of publication, proof of notification or attempted notification of Adjacent Property Owners, and proof of posting notice on the property. The Applicant shall provide proof of notification or attempted notification of owners of a mineral interest in the subject property. 21 Page AEE, Lot C14 Variance V ARA-09 -15-8385 5. Constructive Notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failu re of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time , date, and place of a hearing, and the location of the subject property, shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the Decision-Making Body shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this Code before proceeding with the hearing. A suggested public notice form is attached in Word format for ease of editing . The site is required to be posted, a completed poster is available in our office for pickup at your conven ience . These posting and public notice documents are provided as a courtesy, but it is the Applicant's responsibility to verify that all information provided in these documents is correct. You must complete the attached Affidavit and return it to staff prior to the hearing. It is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. The application has been submitted in electronic format for loading of the information into the Community Development 'file cabinet' available at http ://www.gartield- county.com/public-records/county-documents .aspx -referral agencies will be informed that this application is available for review. The referral agency form is attached for your records . Please submit eleven (11) paper copies of the application for Board of Adjustment members. Please contact this office if you have any questions regarding the processing of your application , the hearing schedules or public notice requirements. Feel free to contact me with any questions. Sincerely, Kathy Eastley, AICP CC: File Attachments 3I Page