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Home My WebLink About1.0 ApplicationGARFIELD COUNTY ,--- Building & Planning Department . 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. qar ieia-county. corp RECEIVED AUG 2 4 2009 GARFIELD COUNTY BUILDING & PLANNING Vb —z—n-6031 VARIANCE GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Rocky Mountain Hotshot & Transportation Inc. > Mailing Address: 810 County Road 223 Telephone: (970) 625-1188 > City: Rifle State: CO Zip Code: 81650 CeII: ( > E-mail address: nicktiffj@aol.com FAX: ( ) > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Balcomb & Green, P.C., ATTN: Chad J. Lee, Esq. > Mailing Address: P.O. Drawer 790 Telephone: (970) 945-6546 > City: Glenwood Springs State: CO Zip Code: 81602 CeII: ( ) • E-mail address: clee@balcombgreen.com FAX: (970) 945-8902 > Description: Applicant requests this variance to authorize an eight foot fence in the front yard of Applicant's property in the Commercial/General Zone District. > Street Address / Genera] Location of Property: 810 County Road 223, Rifle, CO > Legal Description: A tract in the SE1/4NE1/4, Section 11, Township 6 South, Range 93 West > Assessor's Parcel Number: 2177-111-00-359 > Existing Use: Contractors' Yard > Property Size (in acres) 13.69 Zone District: Commercial/General Last Revised 1212/08 00/21/2009 03:58 805231055 NEWPORT ECONOMIC DEV L.jnn i ,,IXtbrd PAGE 02 ( 005 5. Evaluation by Director/Staff Review, Upon determination of completeness, the Director shall review the application for compliance with the approval standards set forth in Section 4-301 C, Standards for Approval of Variance Requests. A staff report shall be prepared pursuant to Section 4-103 E. a. Review by Referral Agencies, The Director's evaluation of the application may Include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. 6. Review and Action by the Board of Adjustment. The final decision to approve, approve with conditions or deny a request fora variance shall be made by the Board of Adjustment ata public hearing. a. Decision by Board. Following a public hearing conducted pursuant to Section 4- 103 G, Conduct of Public Hearing, the Board Adjustment shall approve, approve with conditions or deny the application based upon compliance with the approval standards set forth In Section 4-301 C, Standards for Approval of Variance Requests. (1) Approval of Application, If the application satisfies all of the applicable standards, the application shall be approved_ The application may be approved with conditions determined necessary for compliance with applicable standards. (2) Denial of Application_ If the application fails to satisfy any ane of the applicable standards, the application shall be denied. 7. Written Notice of Decision, The Director shall provide the applicant with a copy of the Resolution approving, approving with conditions or denying the application within (30) working days of the date of the decision, I have read the 5 which i ROC By: -• nts above and have provided the required attached Information urate . the best of my knowledge. OTSHaT $ - NSPO- ATION INC. Date 08/21/2009_03:52 8870521055 NEWPORT ECONOMIC DEV • tenni WILL GAF/FIELD COUNTY BUILDING .AND PLANNING fEPARTIVIENT PAGE 04 PAYMENT AGREEMENT FORM (Shall be submitted with application) AREIELD COUNTY (hereinafter COUNTY) and RQCJCY MQUNT HOT-$slTR OT G. AN$PQRTATION Cc.Property Owner (hereinafter OWNER) agree es follows: I 1. OWNER has submitted to COUNTY an application for Variance (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No, 88-09. as ended, establishes a fee schedule for each type of subdivision or land use review plications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the posed project, it is not possible at this time to ascertain the full extent of the costs volved in processing the appiicatfon. OWNER agrees to make payment of the Base Fee, tablished for the PROJECT, and to thereafter permit additional costs to be billed tc NER, OWNER agrees to make additional payments upon notification by the COUNTY en they are necessary as costs are incurred. I'4 4. The Base Fee shall be in addition to and exclusive of any cost for publication or st of consulting service determined necessary by the Board of County Commissioners for iite consideration of an application or additional COUNTY staff time or expense net covered the Base free. actual recorded costs exceed the initial Base Fee, OWNER shall pay ditional bi itngs to COUNTY to reimburse the COUNTY for the processing of the CJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to final consideration by the COUNTY of any lend use permit, zoning amendment. or bOlvision Wan ER (OR AUTHORIZED REPRESENTATIVE) AIN • TSHOT & TRANSPORTATION INC. fling Address: 810 County Road 223 Date Page 4 08/21/2009 03:58 i 1,s NIS _ 8705231055, NEWPORT ECONOMIC DEV tdchErq STATEMENT OF AUTHORITY Pur3uant to C.R.S. 536-3O-172, the undersigned esceo1 acs this Stzl;.ement of Authoricy on behalf of ROCKY MOUNTAIN PCTSHOT & TRANSpORTATION INC., a Colorado corporation, an entz.ty other nan an individua' , tapable of ho).ding title to real prope-ty ;the 'Entity"), and states s follows: The name of t;ze Entity is ROCKY MOUNTAIN HOTSHOT a TRANSPORTATION INC, and is formed under the laws of Colorado_ The mailing addr.eas for the Entity is 310 County Road 223 R -1e Colorado 81650. The name and/or positiot of the person authorized to execute instruments cotveying, encumbering, or otherwise ?ffecting title to real property on behalf of the Enitv is TIFFANY D. wOOD, The _limitations ,2por- the authority of the person :_tarred above or holding the position described above to bind the Er:ri.ty are as follows: None ii ac limit3L)ar,s i:• ert "None") Other matters concerning the manner in welch the EnT ty deals with any interest ix real property Ire: ;if no other router, :leave this sec`'Dk. 'wQCuTED trio, of Au9,,z�t, 2009 SYcnatur Name.ypkd or {i te•- "'ify D ood Title (if any); Presi.dant PAGE 03 1010 STA"22 OE ARKANSAS COUNTY 426 S The foregoing .r9tTument was acknowl,edbef.73re r':a this aG day of A_uguat,. 2009 by Tiffany D. wood, President, cn behal;. cf Rocky Mountain Hotshot a Trarupportatiof Inc., a color&do corporation. (iznass my hand and of My commission expires: [SEAL] NOTARY PUBLIC -STATE OF ARKANSAS JACKSON COUNTY My Conan ssion Expires Sept- 11, 2018 Commission # 1.2321 Ud/11.' liii i :bd 61;6 2iibbb NEWPORT ECONOMIC DEV �,:•• �. werwa UM:41 tA1S. 1U70945V7U9 LARRY GREEN ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC. 810 Co ()NW ROAD 2523 RIFLE, COLORADO 81650 FSH[: 970-625-2338 PAGE 05 !jn11 August 21, 2009 .rf 1d County Building and Planning Department IO ' Street., Suite 401 t'_enwood Springs, CO 81601 Re: Rocky Moumtain J(otshar d¢ Transportation fnc_ — Variance Application ear Madan -ler Sir: With this letter we authorize Chad J'. Lee and the law firm Of F3alconib & Crcen, P C„ to act as ie authorized representative of Rack Mountain Hotshot & Transportation Inc. irk regard to the above- iefererced application_ Thank you for your consideration of this application_ Very uvly yours, ROCKY MDU'_VTA. HOTSHOT & TRANSPORTATION. INC., a Col.: • o corp • do Bv; ADJACENT LANDOWNERS WITHIN 200 FEET VARIANCE APPLICATION FOR ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC. Department of Transportation State of Colorado 4201 E. Arkansas Avenue Denver, CO 80202 Union Pacific Railroad 1400 W. 52nd Avenue Denver, CO 80221 Union Pacific Railroad 1800 Famam Street Omaha, NE 68102 Garfield County 108 8th Street, Suite 213 Glenwood Springs, CO 81601 Copeland Concrete, Inc. 28803 Highway 6 Rifle, CO 81650-9452 Anythony W. & Darcy S. Copeland 756 County Road 221 Rifle, CO 81650-9711 Myers & Associates Properties, LLC P.O. Box 2570 Basalt, CO 81621 Robert J. & Diane E. Harper 449 County Road 223 Rifle, CO 81650-8729 Lee Roy & Saralyn E. Chelewski 851 County Road 221 Rifle, CO 81650-9710 Teodoro & Maribel Gutierrez 781 County Road 221 Rifle, CO 81650 Ardis A. Green 603 County Road 221 Rifle, CO 81650 Alfredo Salazar 0026 Native Springs Drive Rifle, CO 81650 Raudel Salazar 34 Ester Court Silt, CO 81652 Juan Medina 136 Native Springs Drive Rifle, CO 81650-8732 Lilliana Loya 27653 Highway 6, No. 1210 Rifle, CO 81650 Richard N. Casey P.O. Box 1815 Rifle, CO 81650 Fowler & Peth 12567 W. Cedar Drive Lakewood, CO 80228 GEMAT, LLC P.O. Box 8915 Aspen, CO 81612 Enercrest, Inc. P.O. Box 709 Big Piney, WY 83113 North Bank Holdings, LLC P.O. Drawer 790 Glenwood Springs, CO 81602 Oldcastle SW Group Inc. P.O. Box 3609 Grand Junction, CO 81502 Oldcastle SW Group Inc. 2273 River Road Grand Junction, CO 81505 MINERAL OWNERS VARIANCE APPLICATION FOR ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC. James T. Olinger Walter C. Olinger Allietrean L. Carew Hazel Winslow 7720 Knox Drive Fontana, CA 92336 Cottonwood Springs LLC c/o John Schenk 302 Eighth Street Glenwood Springs, CO 81601 Western Slope Development Corporation P.O. Box 1330 Glenwood Springs, CO 81602 Roaring Fork Reclamation, LLC P.O. Box 1220 Carbondale, CO 81623 Native Land Holdings LLC 0240 Native Springs Drive Rifle, CO 81650 Julian A. UIrych 131 Ranch Creek Lane Carbondale, CO 81623 1407" "0 ®fie i , KO IL &In DS Ca r o t un 0 11 NMI Idb Wi GARFIELD COUNTY Building & Planning Department 108 8t' Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. g a rtie l d -county _ com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER : 217711100359 DATE: July 16, 2009 PROJECT: Variance from 50' front setback from Highway 6(arterial road) OWNER: Rocky Mountain Hotshots & Transportation REPRESENTATIVE: Chad Lee — Balcomb & Green PC PRACTICAL LOCATION: Highway 6 east of Rifle TYPE OF APPLICATION: Variance I. GENERAL PROJECT DESCRIPTION Commercial General Zone District, parcel consists of 14 acres located east of the City of Rifle on the north side of Highway 6. An existing trucking business erected a 6 to 8 foot high fence along the lot frontage and the location of the fence is within the 50' setback from Highway 6. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Unified Land Use Resolution Sections: REQUESTING VARIANCE FROM Front Setback, Section 3-205 A.2.a. of the Unified Land Use Resolution of 2008. 111. REVIEW PROCESS Section 4-301 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by the Director/Staff Review 5. Public Hearing and Decision by the Board of Adjustment Submittal requirements Common Review Procedures - 4403 -- Proof of ownership via deed or title commitment, names and mailing addresses of all properties within 200' of subject site, Statement of Authority for corporate entities or trusts, letter of authorization if an owner will be represented by another individual. Specf&ic (Variance) - Section 4.500 Application form and fees, written statement of why the variance is requested and what the hardship would be if the variance would not be approved, and site plan compliant with 4-502C.3. Public Hearing: Board of Adjustment Referral Agencies: CDOT, Fire Protection District, County Attorney, City of Rifle (if within area of urban influence), Planning Engineer, others as may be determined upon review of the submitted application IV. APPLICATION RRVIEW FEES Planning Review Fees: $25o.00 Referral Agency Fees: $ TBD Total Deposit: $ 250.00 (additional hours are billed at hourly rate of $40.50) GmaatApplisatimitccassing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Dlsclairner The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. �Ea�:.,�J•..�t�;•..t tt�lu ..M Vii. -. OF �r1. .1/4/1 Date Utility Companies Serving 810 CR 223, Rifle, CO (Rocky Mountain Hotshots Inc.) 1. Grand River Ditch Company: c/o Neil Goluba, Esq., 1901 Grand Ave., Glenwood Springs CO 81601 2. Xcel Energy: 414 Nicollet Mall, Minneapolis, MN 55401-1993 BALCOMB & GREEN, P.C. P. 0. BOX 790 (970) 945-6546 GLENWOOD SPRINGS, CO 81602 PAY TO THE ORDER OF Two Hundred Fifty Dollars r Garfield County Building & Planning 1 Alpine Bank 2ROD Brand Ave.. P.O. Box 10000 Ofemrood SprInga, t0 91501 '® (970) 945.2404 • Alpine 1nlu-LIne (070) 945-4483 CHECK NO. DATE AMOUNT 44893 82-340/1021 8/24/09 $250.00** E DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK 10 IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED BALCOMB& GREEN, P.C. 44893 DATE ACCOUNT DESCRIPTION AMOUNT 8/24/09 CL/ch Rocky Mtn HotShots Corporation: Variance Application Total Due: $0.00 II RECEIPT/INVOICE - Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant ROCKY MOUNTAIN HOTSHOT & TF Co, Return to: Invoice Number: INV -8-09-19695 Invoice Date: 8124109 Plan Case: Variance, VARA -8-09-6074 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Paid by Baicomb & Green P.Co. Fee Name Fee Type Fee Amount Variance Fee Fixed $250.00 Total Fees Due: $250.00 Date 08/24/2009 Pay Type Check Check Number Amount Paid Change 44893 $250.00 $0.00 Total Paid: $250.00 Monday, August 24, 2009 ADJACENT LANDOWNERS WITHIN 200 FEET VARIANCE APPLICATION FOR ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC. Department of Transportation State of Colorado 4201 E. Arkansas Avenue Denver, CO 80202 Union Pacific Railroad 1400 W. 52' Avenue Denver, CO 80221 Union Pacific Railroad 1800 Farnam Street Omaha, NE 68102 Garfield County 108 8th Street, Suite 213 Glenwood Springs, CO 81601 Copeland Concrete, Inc. 28803 Highway 6 Rifle, CO 81650-9452 Anythony W. & Darcy S. Copeland 756 County Road 221 Rifle, CO 81650-9711 Myers & Associates Properties, LLC P.O. Box 2570 Basalt, CO 81621 Robert J. & Diane E. Harper 449 County Road 223 Rifle, CO 81650-8729 Lee Roy & Saralyn E. Chelewski 851 County Road 221 Rifle, CO 81650-9710 Teodoro & Maribel Gutierrez 781 County Road 221 Rifle, CO 81650 Ardis A. Green 603 County Road 221 Rifle, CO 81650 Alfredo Salazar 0026 Native Springs Drive Rifle, CO 81650 Raudel Salazar 34 Ester Court Silt, CO 81652 Juan Medina 136 Native Springs Drive Rifle, CO 81650-8732 Lilliana Loya 27653 Highway 6, No. 1210 Rifle, CO 81650 Richard N. Casey P.O. Box 1815 Rifle, CO 81650 Peth Holdings Limited Partnership 602 East 15th Street Cheyenne, WY 82001 GEMAT, LLC P.O. Box 8915 Aspen, CO 81612 Enercrest, Inc. P.O. Box 709 Big Piney, WY 83113 North Bank Holdings, LLC P.O. Drawer 790 Glenwood Springs, CO 81602 Yvonne D. Chambers 28580 Highway 6 Rifle, CO 81650 Oldcastle SW Group Inc. P.O. Box 3609 Grand Junction, CO 81502 Oldcastle SW Group Inc. 2273 River Road Grand Junction, CO 81505 0111 H IWIIhiCM'ir 100.11111~t111111 Reception#: 735147 10!12!2007 04:13:25 PM Jean plberico 1 of 2 Rec Fee:911.00 Doc Fee:122.50 GARFIELt COUNTY CO WARRANTY DEED Recorder. THIS DEED, made this Loth day of October, 2007 Between WILLIAM H. DUBOIS SR. AND DONNA M. DUBOIS of the " County of Garfield, and State of CO, grantor, and ROCKY MOUNTAIN HOTSHOT & TRANSPORTATION INC., whose legal address is : 810 County Road 223, Rifle, CO, 81650 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $1,225,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" as known by street and number as: TBD HWY 6&24 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good. sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sante are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0612036-R The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the . lural the singular, and the use of gender shall be applicable to all genders. IN WITNE . ,i' RE . the grantor 1. ecuted this deed on the date set forth above. vir illiam H. DuBois Sr. STATE OF COLORADO COUNTY OF GARFIELD ) ss. Pin.../4".42.71,111toteaC...9 Donna M. DuBois The foregoing instrument was acknowledged before me on October 10, 2007, by William H. DuBois Sr. and Donna M. DuBois. My commission expires: Commonwealth File No.0612036-8 Return to: Rocky Moulmein Hooke h Tne"portamion Inc, 810 County Road 221 Rifle CO 81650 JAh,• T L. HUBBELL NOTARY PUBLIC STATE OF COLORADO Cc.r.lmission Expires 04i08r013 WITNESS my hand and official 127 Ri Street 650 Notary Pu`. is 2 File No. 0612036-R 1111K1L r,r�lINUIVINDIIILJalelj'iPli 11 1 Reception#: 735147 10772!2007 0413:29 PM Jean Rlberic° 2 of 2 Rec Fee:$1t,00 Doe Fee :122-50 GARFIELD COUNTY CO EXHIBIT "A" A tract of land, contained in the SE1/4 of the NE1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line of State Highway 6 & 24 with the east line of said Section 11, whence the E1/4 Corner of said Section 11 bears South 00°16'58" East 510.75 feet thence, along said right-of-way line South 63°01'54" West 721.64 feet thence leaving said right-of-way line North 02°24'45" East 1134.73 feet to the northerly line of said SE1/4 of the NE1/4 thence, along said northerly line North 89°39'46" East 591.41 feet to the NE corner of said SE1/4 of the NE1/4 thence South, 00°16'58" East 809.96 feet to the POINT OF BEGINNING. --ex 4 ,1-7 itt Agd ate) _tem j, -Pbr-r _1.93 as -71,71"/ )721 4/-iiy -Dtif 1-7,01 )9am) ril.os. ,r r. V . v �� ti �. .. r y• 4 T 4 1 OS 117 S �1"--1 t?(i) si011s°1t wfu/ rf'21) s • h z4- 9 X 1/ -DiM Ol4�a )Un Q1 a LI o -P 1- 5 11-)i° S� I .•- Chris Chappelle From: Bill Oswald [oswald@alcobuildingcompany.coml Sent: Tuesday, July 07, 2009 2:48 PM To: Chris Chappelle Subject: RE: Set Backs / Section 3-205 Commercial - General Zone District Chris I understand that a 6' fence does not require a permit. Having said that, in looking at the definition of "Setback" in your code it says, "The minimum distance of a required yard". Under the definition of "Yard" in your code it says, "The unoccupied space which lies between the lot line and the nearest wall of any structure requiring a building permit". Is there another code reference you can give me, which would override the definitions of the setback and yard requirements? Bill Oswald Original Message From: Chris Chappelle [mailto:cchappelle@garfield-county.com] Sent: Tuesday, July 07, 2009 9:19 AM To: Bill Oswald Subject: RE: Set Backs / Section 3-205 Commercial - General Zone District We do not have a height issue as the primary problem, it is the distance from the road. The setback from the state highway has to be 50 feet in from the front property line. Also if the fence is. over 6 feet tall or in the setback area it needs to have a building permit. Original Message From: Bill Oswald [mailto:oswald@alcobuildingcompany.com] Sent: Monday, July 06, 2009 3:05 PM To: Chris Chappelle Subject: FW: Set Backs / Section 3-205 Commercial - General Zone District Chris I met with the owner today and am I right in assuming, that if she removes the barbwire from above the 6' chain link portion of the fence, it would put it in compliance with the Garfield County "Setback" requirements? Bill Oswald Original Message From: Bill Oswald [mailto:oswald@alcobuildingcompany.com] Sent: Friday, June 26, 2009 10:52 AM To: Chris Chappelle Cc: Wood, Tiffany Subject: RE: Set Backs / Section 3-205 Commercial - General Zone District 1 Thanks Chris I will be getting with the Owner next week and let you know what we plan. Bill Oswald Original Message From: Chris Chappelle [mailto: cchappelle@garfield-county.com] Sent: Friday, June 26, 2009 7:49 AM To: Bill Oswald Subject: Set Backs / Section 3-205 Commercial - General Zone District Section 3-205 Commercial - General Zone District A. Lot and Building Requirements. 1. Lot Size. a. Minimum Lot Area: 7500 sf b. Maximum Lot Coverage: permitted non-commercial use 75% commercial use 85% c. Maximum Floor Area Ratio: 0.50/1.0 2. Minimum Setbacks. a. Front Yard (measured from front lot line): Arterial Street 50' Local Street 25' b. Side Yard: 10' or X of building height, whichever is greater c. Rear Yard: setback from lot occupied by residential use 25' setback from lot occupied by non-residential use 7.5' 3. Maximum Building Height: 40' Original Message From: Bill Oswald [mailto: oswald@alcobuildingcompany.com] Sent: Thursday, June 25, 2009 3:11 PM To: Chris Chappelle Subject: Rocky Mountain Hotshot Set Backs Mr. Chappelle I have looked through Article VII Standards and can not find anything on Set Backs. Can you provide me with the Article Reference that addresses this issue? I would appreciate it very much. We are considering an Appeal for a Variance and will need the appropriate code to reference. Thank you for your help, Bill Oswald Alco Building Company, Inc. 2 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Ms. Kathy Eastley September 17, 2009 Rocky Mountain Hotshots Variance Application Page 2 We understand, based on the county's representations, that a fence larger than six feet requires a building permit. We have also confirmed that the County will not issue a building permit if the structure will violate the height limitations within a setback. Therefore, we will apply for a building permit for the fence on the south side of the property if a variance is approved. Please let me know if you need any further information for this application. Very truly yours, BALCOMB & GREEN, P.C. Bv: cc: Cassie Coleman, Assistant County Attorney (w/o attachments) EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOOLE SCOTT GROSSCUP CHAD J. LEE BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.915,6546 FACSIMILE: 9 70.94 5.8902 www.balcombgreen.corn September 17, 2009 Via Hand Delivery Kathy A. Eastley, Senior Planner Garfield County Building and Planning Department 108 8(}' Street, Suite 401 Glenwood Springs, Colorado 81601 KENNETH BALCOMB ( 1 920-2005) OF COUNSEL: JOHN A. THULSON RECEIVED RE: ROCKY MOUNTAIN HOTSHOTS VARIANCE APPLICATION Dear Kathy: SEP 1. 7 2009 GARF ELL COUNTY BUILDING & P! ANNkNG Thank you for your letters of September 1, 8, and 9 requesting additional information for the Rocky Mountain Hotshots variance application. In one of these letters, you confirmed that the Garfield County Unified Land Use Resolution allows a fence to be located within a front yard setback so long as it does not exceed the height requirements of Section 7-825(A)(1)(b) or Section 3-301. In an attempt to remedy what the county believes to be a violation of its code, we are applying for a variance from both of these sections for the recently installed fence along Highway 6&24. Enclosed are the following: (1) a revised copy of our explanation for a variance, which cites the amended code provisions from which we seek variances; (2) a revised site plan; and (3) utility company information for the utilities serving the property. Also attached is a separate survey depicting the fence, which shows it does not encroach within the CDOT right of way. We have also included a magnification of the site plan, which shows that the fence on the north side of the property does not encroach in the setback. We have therefore not included an additional claim for a variance for the north side of the property. Although the fence at issue does exist within the side yard setback, it is entitled to do so under Section 7-825 and 3-301(1) so long as it is not greater than eight feet tall. Finally, the fence between the Applicant's yard and what is depicted as Richard Casey's property is not at issue. It has existed for many years by consent of both property owners and does not violate any provision of the GCULUR. Again, this variance request is only to allow an eight -foot fence to exist within the south front yard of the Rocky Mountain Hotshots property for security purposes. BUILDING & PLANNING DEPARTMENT September 9, 2009 Chad J. Lee, Esq. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 cleePbalcombgreen_com Reference: Rocky Mountain Hotshot and Transportation- Variance Application # VARA -8-09-6074 Dear Mr. Lee;. The Department of Building and Planning has reviewed the above referenced application and deemed the information technically incomplete. Please provide the following revisions and additional information: 1. The Unified Land Use Resolution of 2008, as amended changed the code section of the variance you are requesting. Please revise the documentation to cite 7-825 A. 1. b. (1) in your variance request. 2. Please revise your application to include the CR 221 frontage in your request for the height variance. Section 3-301 B_, Through Lots, states that the CR 221 frontage is also considered a front yard for this site. 3. Provide utility company information (name, contact person and mailing address) relative to the easements or utilities that may be in place on the site and therefore potentially impacted by the location/height of the fence. This would include any relevant ditch company if irrigation runs through this property. Please submit one copy comprehensive copy of the revised application and supporting documentation for my review. Upon receipt of the revised material the information will be reviewed and if found complete, a "Technically Complete" letter will be issued and the public hearing scheduled. The review of the application will commence upon a determination of completeness. At this time, the property is not in compliance with Garfield County Zoning and Building Codes. Nothing in this letter precludes the County from pursuing enforcement action with regard to the alleged violation on this property. Kathy East Cc: Cassie Coleman 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 , Garfield County September 8, 2009 Chad J. Lee, Esq. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 clee(a balcombgreen.com BUILDING & PLANNING DEPARTMENT Reference: Rocky Mountain Hotshot and Transportation - Variance Application # VARA -8-09-6074 Dear Mr. Lee; The Department of Building and Planning would like to clarify direction provided to you in the pre - application conference dated July 16th, 2009 and in the letter sent to you on September 15t. Pursuant to the Garfield County Land Use Resolution, as amended, Section 7-825 b. a fence may be located in the front yard, however it may not exceed 3'. We understand that the subject variance request is to allow for a fence of 8' in the front yard in the commercial zone. This issuance of a variance for the height of the fence may rectify the violation. The application of a variance for a yard setback(s) would accomplish the same goal, and you certainly could pursue both, as alternatives if you think that is of any benefit. Issues cited in the September 15t, 2009 letter are still applicable as follows: 1. The fence is greater than six feet (6') in height and therefore a building permit is required, l understand that you intend to apply for a building permit if the variance is granted. 2. The fence is located within the required fifty -foot (50') front setback from Highway 6, and in fact some areas of the fencing appear to be located within the CDOT right-of-way. 3. Upon review of the Green Subdivision Parcel 2 Site Plan, prepared by Sopris Engineering, LLC and dated August 2009, the fence appears to encroach the side yard setbacks on the property, and in fact the fence appears to be on the property line in some areas and on the western side of the parcel the fence is located on an adjacent property identified as being owned by Richard Casey. The planning staff will review the application submittal materials regarding technical completeness and contact you regarding additional information, if necessary, or deem the application technically complete. if determined technically complete, a hearing date will be set for the Board of Adjustment, additional copies of the application and submittal materials will be requested for referral, and public notice requirements will commence. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 At this time, the property is not in compliance with Garfield County Zoning and Building Codes. Nothing in this letter precludes the County from pursuing enforcement action with regard to the alleged violation on this property. Feel free to contact me with any questions. We also request that you copy Cassie Coleman, Assistant County Attorney, on any correspondence related to this matter. Sinc-rel Kathy Eas ' - y, AICD Cc: Cassie Coleman September 1, 2009 Chad J. Lee, Esq. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 clee@balcombgreen.com Garfield County BUILDING & PLANNING DEPARTMENT Reference: Rocky Mountain Hotshot and Transportation Variance Application # VARA -8-09-6074 Dear Mr. Lee; The Department of Building and Planning is in receipt of your application for a variance related to location of a fence within the front yard setback from State Highway 6. As the assigned planner to the case, 1 have reviewed the application pursuant to the Garfield County Land Use Resolution of 2008, as amended and staff direction provided in the pre -application conference which was held on July 16, 2009. One of the recent amendments to the code provided clarification to Article 111, Section 303 A. which no longer exists. The applicable code section may be found online in Article 111, Section 301 H. and 1. as well as Article V11, Section 825 A.1.a. It would appear that neither of those sections are applicable to your client's site and, as previously recommended the zoning setbacks applicable to the site are 3-205A.2. Section 7-825 A1.a. specifically states applicable requirements for accessory structures "Location in Rear Yard Setback". The issues on the current site revolve around location of the fence in the front and side yards as follows: 1. The fence is greater than six feet (6') in height and therefore a building permit is required. 2. The fence is located within the required fifty -foot (50') front setback from Highway 6, and in fact some areas of the fencing appear to be located within the CDOT right-of-way. 3. Upon review of the Green Subdivision Parcel 2 Site Plan, prepared by Sopris Engineering, LLC and dated August 2009, the fence appears to encroach the side yard setbacks on the property, and in fact the fence appears to be on the property line in some areas and on the western side of the parcel the fence is located on an adjacent property identified as being owned by Richard Casey. Though you may proceed with your application as submitted, even if a variance is approved, the violation of setbacks and building permit requirements would continue to exist. Therefore, processing of this application will not affect any code enforcement action. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Please inform us on how you would like to proceed. Because this is in response to a code enforcement action, time is of the essence and I would appreciate your copying Cassie Coleman, Assistant County Attorney, on any correspondence related to this matter. Sincer Kathy E Cc: Cassie Coleman Deb Quinn EDWARD MULHALL. JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GRO55CUP CHAD J. LEE BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: Telephone: 970.945.6546 Facsimile: 970.945.9769 www balcombwl n -conn September 30, 2009 Kathy Eastley, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 KENNETH BALCOMB { i 920-2005) OF COUNSEL: JOHN A. THULSON Re: Rocky Mountain Hotshot & Transportations .Inc.; Variance Application Dear Kathy: Per your letter dated September 23, 2009 please find enclosed 14 copies of the above - referenced application. Also enclosed are three copies of an updated list of adjacent landowners within 200 feet to replace in your application packets that were delivered on August 24, 2009. I have already replaced the same in the packets I am delivering today. Very truly yours, BALCOMB _ REEN, P.C. i Choate, Leg. ' ssistantiParalegal /be Encls. xc: Cassie Coleman, Assistant County Attorney (w/out ends.)