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Home My WebLink About2.0 BOA Staff Report 11.16.2009Exhibits (11/16/09) Board of Adjustment — Rocky Mountain Hotshots Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Unified Land Use Resolution of 2008, as amended D Application E Staff Memorandum and Presentation F Letter Dated October 1, 2009 from JasonClark, Rifle Fire Protection District G Letter Dated November 3, 2008 from Chris Chappelle regarding zoning violation H Notice of Anticipated Enforcement dated June 18, 2009 I Notice of Violation dated June 29, 2009 Rocky ''1untain Hotshots Variance KE Request for Variance APPLICANT / OWNER Rocky Mountain Hotshots & Transportation, Inc. REPRESENTATIVE Chad Lee, Esq. - Balcomb & Green, P.C. LOCATION East of the City of Rifle at 28730 Highway 6 SITE DATA Parcel 2, Green Subdivision Exemption 13.69 acres utilized as a contractor's yard ACCESS ZONING CODE VARIANCE Highway 6 (Access Permit No.307107) Commercial General Section 7-825 A.1.b.(1) and 3-3011. limiting fence height in a front yard (setback) to 3' maximum 1 LOCATION AND REQUEST The subject property is located east of the City of Rifle on the north side of Highway 6, The site is zoned Commercial General and the Applicant currently operates a trucking / transportation and warehousing business on the 13.69 acre site. Noah bank Gravel PI Iklamr Gt4ax Gravel Pd . The Applicant is requesting variance from the Unified Land Use Resolution Code (ULUR) §7-203 A,1.b.(1), a regulation that permits a fence to be located within the front yard setback, but limits the height of that fence to three feet (3'). §3-301 1. also states that accessory structures in excess of 3' in height are not permitted in a required front yard. Board of Adjustment — November 16, 2009 Rocky )untain Hotshots Variance KE II EXISTING CONDITIONS I aiv 5' front setback 8' fence 50' front setback w.f.:: tw a+uw�»rwr I r:a.n. ,n. %1/2‘,71;\'',, 8' fence y � � Electric Gaie \' S` m�, y,, '+'y (111-3 RAW MI owl..� , II \ SS `y nrr r $�', f�' ` mom_—�e.,ru t. /// \\ s.. 1 '11I mnnw c.n w.+a�1 Chris Chappelle, Garfield County Code Enforcement Officer, issued a Notice of Violation to the property owner on November 3, 2008 regarding construction of a fence within the required 50' foot front setback from Highway 6. A Notice of Anticipated Enforcement was issued by Mr. Chappelle on June 18, 2009 and a Notice of Violation was issued on June 29, 2009. In an effort to seek correction the violation the Applicant scheduled a pre -application conference with planning staff. That conference was held on July 16, 2009 and focused on the submittal requirements and processing of an application for a variance to the 50' required front setback. An application was received on August 24, 2009 for a variance from the three foot (3') maximum height provision for a fence within the front yard setback. Board of Adjustment — November 16, 2009 2 Rocky " ountain Hotshots Variance KE In addition to the land use violation, the fence is also in violation of the Building Code which requires a building permit for a fence exceeding six feet (6') in height. It is important to note that this lot is bounded by right-of-way on both the north and south of the site - Highway 6 lies to the south and CR 221 lies to the north. Pursuant to 3-301 B. 'lots extending from one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks.' Due to the classification of CR 221 as a local street the applicable front setback at the northern property line is 25' rather than the 50' required for an arterial street such as Highway 6. The Applicant claims that the 8' fence on the northern property line is not within the required 25' front setback from CR 221, however the construction of a fence that exceeds 6' in height requires a building permit - which was never requested. III REFERRAL AGENCIES a. Colorado Department of Transportation: b. City of Rifle: c. Rifle Fire Protection District: EXHIBIT d. Colorado Division of Wildlife: e. Planning Engineer: IV STAFF COMMENTS Article IV, Division 3 of the ULUR discusses the process and requirements for issuance of variances: Section 4-301 Review Process for Request for Variance. Variances are deviations from the terms of this Code that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness or the shape of a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property. The following facts have been established: a. A building permit was issued for construction of an office /maintenance facility on the site in 2002; b. A CDOT Access Permit was issued and a Notice to Proceed allowed for construction of the site access; c. The parcel is adjacent to other similarly configured and zoned parcels, some of which contain businesses with fences and some without fences; d. Several of the adjacent properties have fences that exceed the maximum 3' height in the front yard; e. The site is not exceptionally narrow or shallow and contains 13.69 acres (596,336 square feet) of area; f. The ULUR requires a 50' front setback along the southern boundary of the site due to Highway 6 status as an arterial street; Board of Adjustment - November 16, 2009 3 Rocky ►untafn Hotshots Variance KE g. The ULUR requires a 25' front setback along the northern boundary of the site due to CR 221 status as a local street; h. A building permit is required for a fence exceeding six feet (6') in height 1. A fence greater than 3' in height may be located at least fifty feet (50') from Highway 6 and at least twenty-five feet (25') from CR 221 — compliant with building code; j. The fence gate is located greater than fifty feet (50') from the front lot line and is therefore in conformance with zoning restrictions. C. Standards for Approval of Variance Requests. The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this Code. 1. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exists with respect to the specific property: a. Exceptional narrowness, shallowness or shape of the property at the time of the enactment of the regulation in question. b. Exceptional topographic conditions of the property. c. Other extraordinary and exceptional situation or condition of the property. Staff Comment: The site is not narrow or shallow, and is not an irregular shape. Exception topographic conditions do not exist on the site. There are no extraordinary or exceptional conditions related to the property. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. Staff Comment: The current circumstances ARE a direct result of actions of the Applicant and the circumstances are not special. 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to Section 4-301 B.1.c, above, the strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship on, the owner of the property. Staff Comments: NO special circumstances or conditions exist, therefore the strict application of the regulation COULD NOT result in difficulties or hardship. Certainly the strict application of the regulation would result in practical difficulties for the Applicant as they would be required to relocate the fence, however this difficulty would be a direct result of their own actions. Board of Adjustment — November 16, 2009 4 Rocky -'ountain Hotshots Variance KE 4. Variance is NOT Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is NOT necessary to relieve the owner of the peculiar and exceptional practical difficulties or exceptional and undue hardship. Staff Comment: If the Applicant simply disagrees with provisions of the code a variance CANNOT be granted, instead the Applicant could apply for a text amendment to the ULUR. Variances are granted ONLY when necessary to relieve the owner of peculiar and exceptional practical difficulties RELATED TO THE SITE which would cause exceptional and undue hardship. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. Staff Comment: Substantial detriment to the public good COULD occur as granting of a variance for this site would not be based on regulatory requirements and therefore considered arbitrary and capricious. 6. Variance WILL Impair the County's Zoning Plans. Granting the variance will substantially impair the intent and purpose of this Land Use Code. IV. SUGGESTED FINDINGS a. That proper public notice was provided as required for the hearing before the Board of Adjustment; b. That the hearing before the Board of Adjustment was extensive and complete and that all interested parties were heard at that meeting; c. That for the above stated and other reasons, the proposed variance is NOT in the best interest of the health, safety and welfare of the citizens of Garfield County; Board of Adjustment --- November 16, 2009 5 Rocky ',untain Hotshots Variance KE d. That the application is NOT in conformance with the Unified Land Use Resolution of 2008, as amended. VI. STAFF RECOMMENDATION Staff recommends the Board of Adjustment deny the requested variance as the absence of special circumstances or conditions would not result in undue hardship to the Applicant if the Code were enforced. Board of Adjustment — November 16, 2009 6 Kathy A. Eastley From: Jason Clark [jaclark@riflefiredept.org] Sent: Thursday, October 01, 2009 2:46 PM To: Kathy A. Eastley Subject: VARA -8-09-6074 (Rocky Mountain Hotshots and Transportation Kathy, We have reviewed the variance request for the 8 -ft fence at Rocky Mountain Hotshot's and Transportation and do not have an issue with the 8 -ft chain length fence. If you have any questions, please feel free to contact me. Thank you! Jason Clark Fire Inspector Rifle Fire Protection District Office: 970-625-1243 Mobile: 970-379-0303 11-3-08 Tiffany Wood 810 County Road 223 Rifle, CO 81650 Garfield Co EXHIBIT BUILDING & PLANNING DEPARTMENT Our office has witnessed a Zoning violation on your property at 28730 Hwy 6&24 Rifle, CO. ( Rocky Mountain Hot Shots) This fence has been built within the front setback zone along the roadway and would require a building permit. Attached I have sent the zoning regulation to explain. If this is the case you are in violation of current Garfield County Zoning Resolution of 1978, as amended, enabled by Colorado Revised Statutes 30-28-124 & 124.5. You are hereby given notice, pursuant to the above statutes and regulations, that you must completely correct the violations or establish an acceptable compliance schedule with this department, within in (5) days of the date this notice is received. You are encouraged to communicate with this office at your earliest convenience to begin the compliance process. Failure to initiate compliance within the allowed time or to request an appeal will result, per Garfield County Code Enforcement Protocol, in this matter being referred to the legal department. Building code violations are referred to the Board of Review. Zoning code violations are referred to the Board of Adjustment, should you request an appeal. Please be advised that violations of the above statutes is a misdemeanor crime and can, upon conviction, be subject to a fine or not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense . Garfield County Building and Zoning regulations, Enforcement Protocol and permit application forms are available at www.aarfield-county.com in the "Building and Planning "directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by E-mail cchappellengarfield-county.com Sincere] Christopher Chappe Building / Planning Code Enforcement Officer 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 6-18-09 Tiffany Wood Rocky Mountain Hotshots 810 County Road 223 Rifle, CO 81650 Garfield Cou BUILDING & PLANNING DEPARTMENT NOTICE OF ANTICIPATED ENFORCEMENT The Garfield County Building and Zoning Code Enforcement Officer has reason to believe a possible Zoning violation may exist on your property (Rocky Mountain Hotshots) located on Hwy 6 &24 Rifle, CO 81650 I have witnessed a zoning and building violation which has been brought to your attention back on 11-3-08 and, specifically a chain link fence built within the front property line set back. This issue still has not been addressed by you and needs immediate attention. You are hereby given notice that you may file a written application for a Takings Determination before the Board of County Commissioners within three (3) days of your receipt of this notice. If you choose not to apply for a Takings Determination, you will receive a written Notice of Violation to correct or to cease and desist from continuing the violation. Pursuant to Garfield County's Land Use Resolution of 2008, Article •XII, the county may pursue any of the available enforcement procedures and penalties in connection with this violation. Garfield County Building and Zoning regulations, Enforcement Protocol and permit application forms are available at www.Qarfield-county.com in the "Building and Planning "directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by E-mail cchappelle c@garfield-county.c om Sincerel Christopher Cha Building / P1. g Code Enforcement Officer 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 6-29-09 Tiffany Wood Rocky Mountain Hotshots 810 County Road 223 Rifle, CO 81650 1 EXHIBIT Garfield County BUILDING & PLANNING DEPARTMENT NOTICE OF VIOLATION Re: Chain link fence built within the front property line set back You received a Notice of Anticipated Enforcement concerning violations on your property located at (Rocky Mountain Hotshots) located on Hwy 6 &24 Rifle, CO 81650 dated (6-18-09). You are hereby given notice, pursuant to Article XII of the Garfield County Land Use Resolution of 2008, that you must completely correct the violations or cease and desist from continuing the violations within ten (10) days of the date you receive this notice. Under Article XII of the Garfield County Land Use Resolution of 2008, your failure to correct or cease the violations on your property may result in one or more of the following enforcement actions being taken against you: 1. Revocation of any building permits issued for improvements of the subject property; 2. Denial of additional land use approvals or building or other development applications pertaining to the subject property; 3. Suspension of any land use approvals for the subject property; 4. Withdrawal of any development permits that are being violated; 5. Forfeiture of any vested property rights; 6. Criminal enforcement; 7. County court civil penalties; and 8. Civil lawsuit. You have the right to appeal this Notice of Violation, pursuant to the provisions of the Garfield County Land Use Resolution of 2008. Garfield County Building and Zoning regulations, Enforcement Protocol and permit application forms are available at www.garfield-county.com in the "Building and Planning "directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by E-mail cchappelle@garfield-county.com Sincerely,.... , / r / Christopher Chappe Building / Planning Code Enforcement Officer 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470