HomeMy WebLinkAbout1.0 Application, Staff Report & CorrepondenceGARFIELD COUNTY
BUILDING AND PLANNING
August 17, 1994
Leonard and Mindy Langston
323 Park Ln., I1
Basalt, CO 81621
RE: Board of Adjustment Hearing
Dear Mr. and Mrs. Langston:
Please consider 'this letter to be official notification that on August 16, 1994, the Garfield
County Bo9i of Adjustment approved your request for a variance from Section 3.02.06,
Minimum Setback, A/R /RD Zone District, to allow a reduced front yard setback based on the
proximity of the Holy Cross power line under existing setback requirements at 6500 State
Highway 82, Glenwood Springs, with the following conditions:
1. All required building and I.S.D.S. permits shall be obtained.
2. The blue line from Schmueser Gordon Meyer Inc. shall define the horizontal
encroachment as 28.27 ft. into the required setback.
If you have any question, feel free to contact this office.
Sincerely,
Fital
Stella M. Archuleta
Secretary to the Garfield County Board of Adjustment
109 8TH STREET, SUITE 303 945 - 8212/625- 5571/285 -7972 GLENWOOD SPRINGS, COLORADO 81601
UNITED STATES POSTAL SERVICE 7- " ,,y II1f .
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GARFIELD COUNTY MY,:
PLANNING DEPARTMENT
109 8TH ST. - SUITE 303
GLENWOOD SPRINGS, CO 81001
SENDER:
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RESCHEDULED PUBLIC NOTICE
TAKE NOTICE that LEONARD AND MINDY LANGSTON has applied to the ZoningBoardofAdjustment, Garfield County, State of Colorado, to grant a Variance to Section
3.02.06 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the
following described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See Attached
Practical Description: Located on the north side of State Highway 82, between Glenwood
Springs and Carbondale (6500 State Highway 82, Glenwood Springs).
Said Variance application is to allow a reduction in the required front yard setback from 75'
from the centerline of State Highway 82 to 75 feet from the edge of State Highway 82.
on the above - described property.
All persons affected by the proposed Variance application are invited to appear and state their
views, protests or objections. If you can not appear personally at such hearing, then you areurgedtostateyourviewsbyletter, particularly if you have objections to such Variance
application request, as the Zoning Board of Adjustment will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant ordenytherequestfortheVariance. This Variance application may be reviewed at the office of
the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse,
Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday throughFriday.
That a rescheduled public hearing on the application has been set for the 16th day of August1994, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, GarfieldCountyCourthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado
Planning Department
Garfield County
JUL -07 -94 THU 09:13 AM LEONARD LANGSTON 303 927 9424 P.04
EXIHIBIT A
Attached to made a part or Warranty Decd from Diana Marie Rogers ,
Grantor(s) to Leonard B. Langston and Mindy A. Langston , Grantee(s).
4.
4110 It
PROPERTY bTSCRIPTIoN
17
ORULR Not' 94022522 it? 2,
A parcel of land nituatod in Lots 1,.,e, 9,'32 and 35, all In t
Seo. 1,'`T. 7 S., A. 89 W., 6th P.U., Outfield County; Colorado,1lyingsbutherly;of the Northerly line of Said Section 1 and
Westerly of the tasterly line of said Section 1, nai.d pakeol of
land in described as "followgt A `'
Beginning at a pai on the Lot ]ihe between said Lots 9 and 35
whenoe an iron poet with a brans cap found in place and properly
marked for the Nor hweet corner of said Lot 9 bear,: N. B7
degrees 06'00" W. 637.64 feet ;,1
thence N. 26 degreer! 26'16 E. 358.58 feet;
thence N,' 87 degrees 46'00" W: 223.40 feet;
t hence N. 02 degrees 54'00" E. 444.22 feet, more or lees to a point
on the Northerly line of said Section 1;
thence N. 87 degrees 24 R. along the Northerly lines of said
tote 1 and 32, being the same as the Northerly line of maid
section 1, 1726.75 feet, more or less to the Northeast Corner of
said Section 1, being the name am the Northeast Cornet af•said
Lot 1
thence B. 00 degrees 15'00 W. along the Easterly line of,.
maid section 1, 939.47 feet, more or legs to the Southeast
1..
Corner of nald Lot 81
thence N. 87 degrees 06'00" W. 1571.75 feet along the
Southerly lines of said Late 6 and 35;
thence S. 01 degrees 14'00" W. 95.70 feet to a point on the
Northeasterly right of way line of Colorado state Highway No.82;
thence N. 65 dsgreea 25'30" W. 141.94 feet along said right
of way line;
thence N. 26 degrees 26'16" E. 47.16 feet, more or lees to 'a point.
on the Northerly line of said Lolt9, the point of beginning,
co.UNTY of GARrIELD
STATE Or COLORADO
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IMPORTANT SSAGE
FOR A/
A.
DATE a0 TIM
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OF
PHONE
AREA CODE NUMBER EXTENSION
FAX
MOBILE AREA CODE NUMBER TIME TO CALL
TELEPHONED I PLEASE CALL
GAME TO SEE YOU MI WILL CALL AGAIN
WANTS TO SEE YOU I RUSH
RETURNED YOUR CALL a SPECIAL ATTENTION
MESSAGE e =/•• - 1)
1 I .Jr ..
I Vim! . I
IGNED y
TOPS t FORM 3002 21
LRHO IN U.S.
GARFIELD COUNTY
BUILDING AND PLANNING
July 27, 1994
Leonard & Mindy Langston
6500 State Highway 82
Glenwood Springs, CO 81601
RE: Variance Request
Dear Leonard & Mindy:
Your application for a Variance to Section 3.02.06 of the Garfield County Zoning Resolution
of 1984, to allow a reduction in the required front yard setback from 75 feet from the centerline
of State Highway 82 to 75 feet from the edge of State Highway 82, has been re- scheduled for
a public hearing before the Zoning Board of Adjustment on August 16, 1994, at 7:00 PM, in
Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is
suggested you or your authorized representative be in attendance.
The public notice will be submitted by the Planning Department to the Glenwood Post or other
newspaper of general circulation for publication one time, at least, 15 days prior to the hearing.
We will contact the paper directly regarding obtaining the proof of publication and billing. In
addition, copies of the public notice form will be mailed by the Planning Department by
certified return- receipt to all property owners within 200 feet of your property no less than five
5) days prior to the hearing. The proof of publication from the newspaper, certificates of
mailing and return- receipts from the mailing will be available at the Planning Department prior
to the public hearing.
Please contact this office if you have further questions regarding your application or public
hearing.
Sincerely,
D
Dave Michaelson
Planner
DHM /sa
109 8TH STREET, SUITE 303 945. 8212/825 - 5571/285 -7972 GLENWOOD SPRINGS, COLORADO 81601
GARFIELD COUNTY
BUILDING AND PLANNING
July 7, 1994
Leonard & Mindy Langston
6500 State Highway 82
Glenwood Springs, CO 81601
RE: Variance Request
Dear Leonard & Mindy:
Your application for a Variance to Section 3.02.06 of the Garfield County Zoning Resolution
of 1984, to allow a reduction in the required front yard setback from 75 feet from the centerline
of State Highway 82 to 75 feet from the edge of State Highway 82, has been scheduled for a
public hearing before the Zoning Board of Adjustment on July 25, 1994, at 7:00 PM, in Suite
301, Garfield County Courthouse, 1098th Street, Glenwood Springs, Colorado. It is suggested
you or your authorized representative be in attendance.
A copy of the enclosed public notice must be submitted to the Glenwood Post or other
newspaper of general circulation for publication one time, at least, 15 days prior to the hearing.
You should contact the paper directly regarding obtaining the proof of publication and billing.
In addition, copies of the public notice form must be mailed by certified return- receipt to all
property owners within 200 feet of your property no less than 5 days prior to the hearing. All
mailings must be completed no later than July 19, 1994 to ensure compliance. The proof of
publication from the newspaper, certificates of mailing and return- receipts from the mailing
must be submitted to stall', prior to the public hearing.
Please contact this office if you have further questions regarding your application or public
hearing.
S•1Y,
Dave Michaelson
Planner
DHM /dhm
109 8TH STREET, SUITE 303 945. 8212/625 - 5571/285 -7972 GLENWOOD SPRINGS, COLOR /ADO 81601
J
4. List all propy owners and their addrilses within two
hundred 200) feet of property as listed in the CountyAssessor's office for which variance is being requested.
Copies of the Public Notice must be mailed to your neighborsbycertifietreturn -receipt mail and the receipts presented atthehearing.
Wu . t...^ 0.. sis,Ta.tt - r.4T4 410( az., Gw /w/ fiftdi•S
rfo.1 meow_ - 4534 liW` ea, et.EwlvatcO SPRaJ4S, Co
AWE Bitedral - 658S liver 82 u.csl' azo 1o1 id S, (0
5. Describe water supply, sewage facilities, utilities, andaccesstoproperty. use additional pages if necessary)
Wsttg. SUPPLPr - WILL.
Sewsa.t seam c.
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AGGetn - oa% dawb't , AC .€9S t a th$4,1 2wsiflo $ way Ccpo Pe2M IT g 314017) -
6. Attach a map of legal sized paper or smaller drawn to scale
showing all improvements present and proposed) and allpertinentdistancesandarea. Show all improvements on yourproperty, and all neighbor's property within two hundred (200)feet of your boundary.
1
7.
I nzozmation is cor• ct to h =•est of knowledge.
I Ai .l
P r' C ; 41 i \Ail
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PERTY DESCRIPTION
WIDER NO: 94022522
A parcel of land situated in Lots 1, 8, 9, 32 and 35, all in
Seo. 1,"T. 7 S., R. 89 W., 6th P.M., Garfield County, Colorado,
lying Southerly;oft Northerly line of said Section 1 and
4eaterly of the Easterly line of amid Section 1, said parcel oflandisdescribedas'follower j
Beginning at a point on the Lot line between said Lots 9 and 35..
whence an iron post with a brass cap found in place and properlytackedfortheNorthwestcornerofsaidLot9halite: N. 87
degrees 06'00" W. 637.64 feet/.
thence N. 26 degree& 26'16" E. 358.58 feet;
thence N. 87 degrees 06'00° W. 223,40 feet;
thence N. 02 degrees 54'00" E. 444.22 feet, more or leen to a point
on the Northerly line of said Section 1;
thence N. 87 degrees 24'00" E. along the Northerly lines of maid
Lots 1 and 32, being the same ae the Northerly line of said
Section 1, 1726.75 feet, more or less to the Northeast Corner of
said Seotion 1, being the same as the Northeast Cornea of .said
Lot 1;
thence s. 00 degrees 15'00" w. along the Easterly line of
said Section 1, 939.47 feet, more or lees to the Southeast
Corner of said Lot 8;
thence N. 87 degrees 06'00" W. 1571.75 feet along the
Southerly lines of said Lots 8 and 35;
thence S. 01 degrees 14'00" W. 95.70 feet to a point on the
Northeasterly right of way line of Colorado State Highway No.
82;
thence N. 65 degrees 25'30" W. 141.94 feet along said right
of way line;
thence N. 26 degrees 26'16" E. 47.16 feet, more or less to a point .
on the Northerly lino Of said Lot '91 the point of beginning,
COUNTY OF GARFIELD
STATE OF COLORADO
7
BOA 7/25/94
PROJECT INFORMATION AND STAFF COMMENTS
REQIJEST:Variance from Section 3.02.06 -
Minimum Setback A/R/RD Zone
District
APPLICANT:Leonard and Mindy Langston
J.00ATION:Located on the north side of State
Highway 82, between Glenwood
Springs and Carbondale (6500 State
Highway 82, Glenwood Springs)
SITE DATA:33.08 acres in size
WATER/SEWER:Well/ISDS
ACCESS:State Highway 82
EXISTING AND ADJACENT ZONING:A /R/RD
I.RF.I.ATIONSHIP TO THE COMPREHENSIVE. PL.ANI
The subject property is located in District C - Rural Areas, Minor Environmental
Constraints as designated on the Garfield County Comprehensive Plan Management
Districts Map.
II. DESCRIPTION OF THE PROPOSAL.
A. Site Description: The subject property is located between Glenwood Springs
and Carbondale, on the north side of State Highway 82. The parcel includes a
small, buildable portion on the lower portions of the property, and rises steeply
to the north. The property is also incumbered by an existing Holy Cross line
that runs easywe t through the property. A schematic of the property is shownonpagesi `` • assuming conformance with applicable setbacks. The
applicant's cover letter is shown on page 17
B.Request: The applicant is requesting a reduced front yard setback to allow the
development of a single - family residential unit. The request for the variance is
based on the proximity of the Holy Cross power line under existing setback
requirements.
III. MAJOR ISS!JE..S AND CONCERNS
1.Section 3.02.06(1) requires a seventy -five (75) foot setback from the old State
Highway 82 centerline, or 50 feet from the lot line, which ever is greater.
pis
2.The buildable portion of the lot is encumbered by the steep slope that rise to the
ridgeline from State Highway 82. Although difficult to confirm, it appears that
adjacent residential units have also encroached in the required front yard
setback, due to the same topographic constraints.
3.Section 9.05.03 of the Zoning Resolution (Variance - Action by the
Board of Adjustment) states that the Board may authorize a variance to
relieve hardship, provided:
A. That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardship upon the owner of said property;
B.That such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose
of the General Plan or this Resolution;
C.That the circumstances found to constitute a hardship were not cause by
the applicant, are not due to or the result of general conditions in the
district, and cannot be practically corrected;
D. That the concurring vote of four (4) members of the Board shall be
necessary to decide in favor of the appellant.
4.Although Garfield County has never contemplated additional setbacks in
regards to power lines, evidence does exist that suggests that there may be some
adverse reactions to "electric magnetic transmission" (EMTs). Several cities and
counties in Colorado have adopted standards to discourage residential units
from located in close proximity to these lines.
5.This request is also necessitated by the topographic conditions on the site. TheEhardshipsarenotcausedbytheapplicantandcannotbepracticallycorrected.
IV. SIJGGF.STF.J) FINDINGS
1.That the application for Variance was found to be consistent with the
requirements and standards of Section 9.05 of the Garfield County Zoning
Resolution of 1978, as amended.
2.That proper publication and public notice was provided as required for the
public hearing before the Zoning Board of Adjustment.
3.That the public hearing before the Zoning Board of Adjustment was extensive
and complete, that all facts, matters and issues were submitted and that all
interested parties were heard at the meeting.
V. RRCOMMF.NJ)ATION
APPROVAL, subject to the following conditions:
1.All required Building and I.S.D.S. permits shall be obtained.
ell `. he mo * prova s xplicitly define the proposed va 'awe in terms of
1 al encroac g en .. : the uired setback.
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APPLICATION
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Owners name: 1„ Eo.,Q *• 1 1.4644S7b1.1
Owners address: MS ASa K.S&.T 103 4144-1
Phone s 303 'f 24 - 9414
Practical description of where property is located:
Gsoo 4164wsy 82, 4esJw000 scs614s, co
1. Present zoning; 4./.R1
Areal
2. Describe variance you are requesting:
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3. Why do you feel that the variance should be granted: refer
to instructions, use additional pages if needed)
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PUBLIC NOTICE
TAKE NOTICE that LEONARD AND MINDY LANGSTON has applied to the Zoning
Board of Adjustment, Garfield County, State of Colorado, to grant a Variance to Section
3.02.06 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the
following described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See Attached
Practical Description: Located on the north side of State Highway 82, between Glenwood
Springs and Carbondale (6500 State Highway 82, Glenwood Springs).
Said Variance application is to allow a reduction in the required front yard setback from 75
from the centerline of State Highway 82 to 75 feet from the edge of State Highway 82.
on the above - described property.
All persons affected by the proposed Variance application are invited to appear and state their
views, protests or objections. If you can not appear personally at such hearing, then you are
urged to state your views by letter, particularly if you have objections to such Variance
application request, as the Zoning Board of Adjustment will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant or
deny the request for the Variance. This Variance application may be reviewed at the office of
the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse,
Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday.
That public hearing on the application has been set for the 25th day of July , 1994, at the hour
of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse,
Suite 301, 109 8th Street, Glenwood Springs, Colorado
Planning Department
Garfield County
JUL -07 - 94 THU 09:12 AM LEONARD LANGSTON 303 927 9424 P.02
P.5i5
JUL 06 '9 15'0 GARFIELD COUNTY
4. List all property owners and their addresses within unty
hundred 200) feet of property as listed in 'theAssessor's office for which variance is being requested.
Copies . of the Public - t .ail and the resei is u
res meoat
a n -r. •
p 8
the hearing.bQ G1 /vim
Md1u:aleSA g.. st srS'y '' 10444 4
J tiVOLI - - ale bkvtf at deLtavicico S+PasJ b , a%
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S. ascribe water supply, sewage facilities if utilities, and
access to property. use additional pages
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6. Attach a map of legal sized paper or smaller drawn to *Waleshowingallimprovementspresentandproposed) and all
pertinent distances and area. Show allithin two hundred l ( you )
property, and all neighbor's propertyfeetofyourboundary.
7. The above information is correct to the best of my knowledge.
App cant
JUL -07 -94 THU 09:11 AM LEONARD LANGSTON SO3 927 9424 P.01
P.4/5
JUL 06 '94 15'04 GARFIELD COUNTY
APPLICATION
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Owners Ramat 4.04 Co
Owners addzess $ 323 Pew_ .ra ' 1 ,tear •
Phone : SOS - 9Zq. • '
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Practical description of where property is located:4 : Lk us 4y Sa daralwefoo SiWktl5i co •
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3. Why do you feel that the variance should be granted: refer
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