HomeMy WebLinkAbout2.0 BOA Staff Report 09.29.2003EXHIBITS
RACHEKSY VARIANCE
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Board of Adjustment — 7araty 29, 2003
Exhibit A: Proof of Certified Mailing Receipts
Exhibit B: Proof of Publication
Exhibit C: Garfield County Zoning Regulations of 1978, as amended
Exhibit D: Staff Report dated September 29, 2003
Exhibit E: Application Materials
Exhibit G: Letter from Suzette Louden dated September 14, 2003
Exhibit H: Excerpt from Mitchell Creek Bed and Breakfast website
Exhibit I: Letter from Stan and Carole Rachesky dated September 18, 2003
Exhibit J: Letter to Rachesky from Staff dated September 12, 2003
Exhibit K: Conditional Use Permit application submitted in 1993
Exhibit L: Garfield County Assessor's printout of subject parcel.
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
PROPERTY LOCATION:
ACCESS:
EXISTING ZONING:
LOT SIZE:
WATERJSEWER:
BOA
9/29/03
TP
Variance from the Live Stream Setback and Front
Yard Setback
Stanley and Carole Rachesky
The property is located at 1686 Mitchell Creek
Road, Glenwood Springs; approximately 1/8 mile
north of County Road 132.
Driveway off of Mitchell Creek Road.
A/R/RD
Approximately 2 acres
Well and Individual Sewage Disposal System
I. DESCRIPTION OF THE PROPERTY
The property consists of approximately 2 acres in size and is located approximately 1/8 miles
north of County Road 132 above the fish hatchery. The property is accessed off of Mitchell
Creek Road via a shared driveway over a bridge that also serves the property to the immediate
north; The residence on the property was burnt down during the Coal Seam Fire last summer.
The Applicant is in the process of clearing the dead / burnt trees and stabilizing the slope on the
property. There are some cottonwoods along Mitchell Creek that survived the fire. The
proposed new residence is the subject of the variance request.
II. SUMMARY OF THE REQUESTED VARIANCE:
The Applicant requests a variance to allow:
1. Deviation from the 30 foot live stream setback [section 5.05.02] of Mitchell Creek'by 5
feet; and
2. Deviation from the 25 foot front yard setback [section 3.02.06] by 10 feet.
III, REASON FOR REQUESTED VARIANCE:
The Applicant submitted the request for a variance from the live stream setback and front yard
Rachesky Variance
BOA: September 29, 2003
Page 2
setback for the construction of a new residence. The original residence was burnt down as a
result of the Coal Seam Fire last summer.
Stream Variance: The Applicant noted that from the
high water line of Mitchell Creek to the toe of the
slope along the southern portion of the property is only
60 feet. The Applicant indicated that it would be
expensive to make significant cuts into the slope. In
addition, the Applicant noted that cutting into the slope
would be unwise since the vegetative covering is still
recovering from the Coal Seam Fire. The Applicant
asserted that the 30 feet remaining after deducting a 30
foot live stream setback is not wide enough to
accommodate a floor plan for the proposed new
residence. The photograph to the left (above) is viewing west from the bridge. The area shown
is the location of the previous residence and the new residence.
Front Yard Variance: The Applicant noted that the bridge which provides access to the subject
property and the property to the immediate north (Radar) was located on the subject property.
The Applicant indicated that years ago it was necessary
for the Radars to own the bridge (reason not provided),
which provides joint access to both properties. As a
result, the northeast corner of the subject property was
deeded to the Radars in exchange for a triangle portion
of land to the south. The picture to the right, viewing
north towards Mitchell Creek Road, is the bridge that
provides access to both lots.
Pursuant to the Garfield County Zoning Resolution, the
Front Yard is the property line that takes access from a
public right-of-way and from where the Front Yard
Setbacks are measured. The Applicant asserted that the regulations for calculating a Front Yard
Setback are not appropriate for this subject property due to the boundary line adjustment done
years ago.
IV. DIMENSIONAL REQUIREMENTS
A. DIMENSIONAL REQUIREMENTS OF THE A / R / RD ZONE DISTRICT
Pursuant to section 3.02.05 of the Zoning Resolution, the Dimensional Requirements for the
A/R/RD zone district are clearly outlined. These dimensional requirements are as follows:
Maximum Lot Area: Two (2) acres [3.02.04]
Maximum Lot Coverage: Fifteen percent (15%) [3.02.05]
Minimum Setback: [3.02.06]
(1)
(2)
(3)
Rachesky Variance
BOA: September 29, 2003
Page 3
Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or
fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50)
feet from street centerline or twenty-five (25) feet from front lot line, whichever
is greater;
Rear yard: Twenty-five (25) feet from rear lot line;
Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the
principal building, whichever is greater.
Maximum Height of Buildings: Twenty-five (25) feet. [3.02.07]
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations). [3.02.08]
B. LIVE STREAM SETBACK REGULATION
Pursuant Section 5.05.02 of the Zoning Resolution, the supplementary setback regulations for
"Live Streams" is as follows:
"Live Streams: A setback of thirty (30) feet measured horizontally from and
perpendicular to the high water mark on each side of any live stream shall be
protected as greenbelt and maintained in conformance with the definition thereof,
with the exception of diversion facilities as an accessory to the approved use of the
lot."
V. REVIEW CRITERIA FOR GRANTING OF A VARIANCE (SECTION 9.050.03)
Section 9.05.03 of the Zoning Resolution discusses what constitutes the granting of a variance in
Garfield County. Specifically, the granting of a variance should be mainly due to the following:
1) By reason of exceptional narrowness, shallowness or shape of the specific piece of
property at the time of enactment of this Resolution; or