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HomeMy WebLinkAbout1.0 Application, Staff Report & Correspondence§a<(iLtd County BUILDING AND PLANNING DEPARTMENT 1 09 8TH STREET GLENWOOD SPRINGS. CO 81601 ~ 'SI MOVEo. l.Ei:r No Ar; ':J!'U::ss {) F·');:i;o_J4RD!NG ORDER EXP;r;~.::; ;:::! 1'~EMPTso Nor KNowr; ~· l.J .• '-lAIMEo 0 REFus;;.o '-' No SUCH STREET CJ No suc11 IVuNie;;;R Roy E. Kun 0222 Wino6'e~' Rifle,,t'o 8t650 /~~~·~·-2 ,, ·~· ,,_ ----, ·~-~.,; . .-,,,;_. ~ ,,=::~:_~.-~~~-=::.~~-------~--~: ~-1 ,, /_ "': /.;: : .. _:,·..:,, ;_ ·r:i ~ ·' ,• I~ 2 '.) " . ,. '",... / - .:;:.:..---··· . : -- August 17, 1994 Roy E. Kunz.e 0222 Winchester Rifle, CO 81650 GARFIELD COUNTY BUILDING AND PLANNING RE: Board of Adjustment Hearing Dear Mr. Kunz.e: Please consider this letter to be official notification that on August 16, 1994, the Garfield County Board of Adjustment approved your request for a variance from Section 3.03.06(3), Minimum Side Yard Setback, R/L/SD zone district, to allow a 1.4 foot encroachment in the required 10 foot side setback at 0222 Winchester, Rifle Village South. If you have any question, feel free to contact this office. Sincerely, Stella M. Archuleta Secretary to the Garfield County Board of Adjustment xc: Dottie Pologar 109 8TH STREET, SUITE 303 · 945-82121625-55711285-7972 GLENWOOD SPRINGS, COLORADO 81601 ·~ P NALTY FOR PRIVATE AUG 0 1 1994 W• 0 AVOID PAYMENT : OF POSTAGE, $300 I c.JI.~---·---·· ....... .. GN'lflt::LU \..UUN IY .... ~ ...... _ _. . -· .. • Print your name, address and ZIP Code here GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. -SUITE 303 GLENWOOD SPRINGS, CO 81601 • DOMESTIC RETURN RECEIPT ... ~SENDER: ·., • Complete items 1 and/or 2 for additional services. also wish to receive the following services (for an extra CD • Print your name end .11ddress on the reverse of this form so that we can return this card to you. I • Complete Items 3, and 4e & b. feel: -~ 1. D Addressee's Address en • Attach this form to the front of the maitpiece, or on the beck if space does not permit. ,S • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt wit! show to whom the article was delivered and the date 2. D Restricted Delivery I S, delivered. l 3. Article Addressed to: ~ John.A, & Lavon.F. Gully 0231 Remington Drive Rifle, CO 81650 Consult ostmaster for fee. 4a. Article Number r.-4""b.-=s:-e-rv7ic~e""T""y_p_e,,,""'=~="'c"'e""'p=-J D Registered Kl Certified ·( D Express Mail .,. 1-o~~~~~~~-;~~~~~~-j; 7. Date of Delive ..... i ~ ~ z:(;{-'...l~C::::::'.~;;.,;.;:,,~~~~::'.l..":it;..--:-,:._c_,...:.~~-,-'-f',s~ . ..:-.-:;"Oc:-::-:-:-:::;-:-;;(-:J.f=.~7/c'.,ji'..-f~,~eq~u:-e~s~t~e~d.., 6. Signature (Agent) ~ ~~~~~~~~--~~~-'----~~~~~~~~ _!PS Form 3811, December 1991 'kU.S. GPO: 1993-352·714 DOMESTIC RETURN RECEIPT ---------- - - - - - - - - - - - - - - - - - - - - ------------------------------------------- SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete Items 3, and 4e & b. following services (for an extra a) • Print your name and address on the reverse of this form so that we can fee): .Si? I return this card to you. • I, • Attach this form to the front of the meitplece, or on the back if space 1. D Addressee's Address U) does not permit. • Write ''Return Receipt ReQuested'' on the meilpiece below the article number. 2. O Restricted Delivery :§. ~·~T~he~"~'~'"-'"_"'_'_'_'•_•_w_ii_i •_h_ow_to_w_h_om_•h_•_•_"_''_'•_w_.,_•_•_"_••_•_•"~'"-'_'_h•_••_'_'~~~~~~-~-~~~--a:'!! ~elivered. Consult ostmaster for fee. i 3. Article Addressed to: 4a. Article Number 1--Z_2~0_9~1~9~4_2_9_2~~~~~-a::~ 4b. Service Typfleturn Receipt Brenda J. Sjorgren 0212 Remington Rif e, CO 18 0 Registered U lnsureO "' Iii Certified 0 COD .jj D Express Mail D Return Receipt for I Merchandise Iii: -·\.-7. Date of crv ~ 8. Addressee's Address (6niy if requested: and fee is paid) ii Signature (Agent) 8=-=---,.....-.-::-~,-------,==-~.,..,..__.,.,.,,....,..,""="--=-===~~=:--=".:-== _;-PS Form 3811. December 1991 ~u.s.oP0'189>-3SH14 DOMESTIC RETURN RECEIPT f=. ------ t ~~~~l~t~items 1 and/or 2 for additional servic6s. I • Complete items 3, and 48 & b. ~ • Prirt your name and address on the reverse of this form so that we can return this ca.rd to you. I also wish to receive the following services (for an extra cD fee): ·~ 1. D Addressee's Address c'l • Attach this form to the front of the mailpiece, or on the back If space does not permit. ,fi • Write "Return Receipt Requested" on the mailpiece below the article number. 2. D Restricted Delivery ,'5.§ • The Return Receipt will show to whom the article was delivered end the date C delivered. Consult ostmaster for fee. 0 ==-'"7'-'--c-~~~,-,-~~~~~~~~~~-'--=""""'7-'~~~-""--'='---a: 1 3. Article Addressed to' 4a. inil!l(j~"~"' 2 90 a: i!.,E ~ 4b. Service Type David R, & Susan. K. McKenzie D Registered "' ~ 7 59 Cedar Court Kl Certified Iii Rifle. Co 81650 ·~ 0 Express Mail O Return Receipt for ~ 9~ --J -7. Date of Delivery / • .J'. fr ~> z:o-;;,--,--~~-,-~~~--,-~-;-,=---c..,.,-------.,C'"7":-:--=-~~-,--, o: 8. Addressee's Address (Only if requested~ end fee is paid) ; pt 1gnature (Agent) -r=. ~=-=-----,..,...,..~~,--~--~~~-'-~~~~~~~~ _;-PS Form 3811. December 1991 ~u.s.GP0,109'>-3S2-714 DOMESTIC RETURN RECEIPT .... " ENDER: =i • Complete items 1 and/or 2 for additional services. m • Complete items 3, end 4a & b. ~ • Print your name and address on the reverse of this form so that we can return this card to you. I also wish to receive the following services (for an extra ~ feel: ·~ • Attach this form to the front of the mailplece, or on the back if space does not permit. 1. D Addressee's Address en ~ • Write ''Return Receipt Requested'' on the mai1plece below the article number. • The Return Receipt will show to whom the article was delivered end the date g delivered. 2. D Restricted Delivery a J Consult ostmaster for fee. 4a. Article Number 1 3. Article Addressed to: ~ Paul H. & Bertha M, Lindstrom 2026 Road 245 1---~-=...=~~~-=..~~~o::~ 4b. Service Type ece pt 'i D Registered [}( Certified New Castle, CO 81647 D Express Mail 5. Signature (Addressee) 8. vu.s.oP0'199>-ssH14 DOMESTIC RETURN RECEIPT a: 6. Signature (Agent) ~=-=----. ...... ---=--:--==-o---.,,..,-.,,-~--'-~~-o=~~..-£-~~ _;-PS Form 3811, December 1991 •U.S. GPO: 1993-352·71• ..... " SENDER: ~ • Complete items 1 end/or 2 for additional services. ~ • Complete items 3, end 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. ~ • Attach this form to the front of the mailplece, or on the back if space does not permit. ,fi • Write ''Return Receipt Requested'' on the mailpiece below the article number. • The Return Receipt will show to whom the article was delivered and the date g delivered. I also wish to receive the following services (for an extra ti fee): ·~ 1. 0 Addressee's Address tn 2. D Restricted Delivery .e. Consult ostmaster for fee. l 3. Article Addressed to: 4a. Article Number J fi William L, Huckabay P.O. Box 1999 Rifl , CO 81650 z 209 194 287 ~ 1-4-b-. -s-e-rv-i-ce_T_y_p_e~'e~t~u=r~n~R~e~c~e~i~p-t~ ~ D Registered D Insured Kl Certified D COD ~u.s. aPO, ,..._352.m DOMESTIC RETURN RECEIPT ~ ~s=E=N=o=E=R-,~~~~~~~~~~~~~~~~~~~~~~~ ~ • Complete items 1 and/or 2 for additional services. I also wish to receive the ; • Complete items 3, end 4a &. b. following services (for an extra i • Pdnt your name and address on the reverse of this form so that we can fee): Jl·!! return this card to you. "" ! • Attach this form to the front of the mal1piece, or on the back if space 1. 0 Addressee's Address does not permit. -I • Write "Return Receipt Requested" on the maUpiece below the article number. 2. O Restricted Delivery Q. • The Return Receipt will show to whom the article was delivered and the date a:'ji fi delivered. Consult ostmaster for fee. I I 3. Article Addressed to: 1-,4~·_,· z"-A~r,,;i"'c"'leLN.Lu.:Zm:!ObLe~r """-------a:~ E 4b. Service Type Rl>turn Receipt 8 Ann Kathleen & Janet Jaye Johnson D Registered Ulnsuretl lJI Mary Margaret Sandoval :kl Certifie coo w D Expr 9~ 1160 S, MOnaco Pkwy #2 ~ Denver, CO 80224 z 7. 8. A ~u.s. apo, ,..,_..2-114 DOMESTIC RETURN RECEIPT .... .ti SENDER: I • Complete items 1 end/or 2 for additional services. also wish to receive the I • Complete items 3, and 4e & b. following services (for an extra a) • Print your name and address on the reverse of this form so that we can I I .!I ~= ~~ return this card to you. i • Attach this form to the front of the mailplece, or on the beck if space 1. 0 Addressee's Address does not permit. -I • Write ''Return Receipt Requested'' on the mei1plece below the article number. 2. O Restricted Delivery .'§. • The Return Receipt will show to whom the article was delivered end the date f.: delivered. Consult ostmaster for fee. i ~3~.~A~rt~ic_l_e_A~d-d-,-.-.-.-.-d-t_o_:~~~~~~~~~~~~4-a-.-A~rt~ic~le~N~u~m~b~e~r~~~~~~~~~a: Danny D, & Teresa.L. 0147 Village Drive Rifle, CO 81650 Signature (Agent) Christian Z 209 194 289 E t-;,--,:---,-~__,,,..,,..,...,....,,,,.,.,., .... ~: 4b. Service Typ ! lil Registered Certified !-P-S_F_o-rm~3~9~1~1-.-D-e-ce-m-be_r_1_9_9_1 __ "_u_.s-.o-P0-,-,093---..,~.,-,-.--D-O_M_E_S_T_l_C_R_E_T_U_R_N_R_E_C_E_IP-T ... :§ SENDER: "en • Complete items l and/or 2 tor additional services. I also wish to receive the following services (for an extra ~ I • Complete items 3, end 4a & b. • Print your name end address on the reverse of this form so that we can return this card to vou. • Attach this form to the front of the mailpiece, or on the back if space does not permit. fee): ·~ 1. D Addressee's Address en ~ • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt will show to whom the article was delivered end the date 2. D Restricted Delivery -I g delivered. 1 3. Article Addressed to: i ~ I 51 Mark A & Patricia 990 Wamsley Way Rifle, CO 81650 Signature (Addressee) .N. Sills Consult ostmaster for fee. I. 4a. Article Number 1--_Z_2_0_9_. _1_9_4_2_9_8 ______ a:~ 4b. Service Type Return Receipt D Registered -D Insured gj Certified D COO D __ E. ~.press Mail D Return Receipt for Merchandise ... 1--,~~'-~~~~~---"""'"'"""""'"'--~~-.Q 7 .. ~of pelivery ...... -0 ... ,,.,, s ,.. 8. Addressee's Address (Only if requested .Jtt. and fee is paid) ; ~ ~u.s.oP0,1093--352-m DOMESTIC RETURN RECEIPT 111111111111 v r !Op of r:;nveione to t•ie f the return address §a.v{Wd County BUILDING AND PLANNING DE~MENT"::Z. 1 09 STH STREET "f'"~ Q__...J CERTIFIED GLENWOOD SPRINGS. CO ....<01 ~ ..... av ;•_...,c s..~c APO/FPO z:o Ox!<• Closed As A Result of 1lr Code Realignmeoit Program APO lip Chaflged to APO AP_ Murel K. Benson w P.O. Box 1156 ' Af'>San Francisco, CA 9 5 -~- ~al\\e~-" . ,..~ ..-, '\.Sc "v· •·0 ,.., ,.I '-'f\~; ..... n. ___.,-R~ ~ .g ;; ~ ~ .. ; g ! .!! Q. E 0 u "" illl l5 Q <(, 2 a: ::;)! t-' ~ ~ 0 > .!! SENDER: • Complete items 1 and/or 2 for 21dditional services. I also wish to receive the • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can f~I: return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1:-O.Atfdres~e~'{ Address does not permit.· ... • Write ''Return Receipt Requesied'" on the mail piece below tl'\e article number. 2. D Restrit4t,ed Delivery • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postni8ste1' .fOr fee. 3. Article Addressed to: 4a. Article Number•..-/ z 209 194'291 Murel K. Benson 4b. Serv;ce TypeRffurn Receipt D Registered Insured P.O. Box 1156 ~ Cert;t;ed Dcoo ASP San-Francisco, CA 96305 D Express Mail D Return Receipt for Merchandise 7. Date of Delivery 5. Signature (Addressee) 8. AQ,dressee's Address (Only if requested arid fee is paid) 6. Signature (Agent) -.. -. --· .. . .. DOMESTIC RETURN RECEIPT ai JI 2: .. "' E. ·; ! u ~\ E " ; a: "' c ;; " c:; ~ " 0 > ,. c .. "' I- RESCHEDULED PUBLIC NOTICE TAKE NOTICE that ROY KUNZE has applied to theZoning Board of Adjustment, Garfield County, State of Colorado, to grant a Side Setback Variance to Section 3.04.06 of the Garfield County Zoning Resolution of I 978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Lot 7, Block I, Rifle Village South, as in the records of the Garfield County Clerk and Recorder's Practical Description: Located at 0222 Winchester, approximately 2.5 miles west of the City of Rifle Said Variance application is to allow a 1.4 foot encroachment in the required 10 foot side setback 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 atf ected 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 of8:00 a.m. and 5:00 p.m., Monday through Friday. That a rescheduled public hearing on the application has been set for the 16th day of August 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 .. ,,,_- --....l'UBUc!',.,_ T-Nonce .. llOr ...... _ .... z.....-.. ~Goitllllr~-.. .....-. .. _. ___ .. _ ......... - -......., 2lloll9 ...._,Of' "'"·-.. --.. -.. ---..... °"""" ........... -.. """'°""_ . ' . Leg.few&e:lbtlllfr ... ,~ ..... '" ·-.... ~c:-r ....... __ Pada.r:o..e.-• .:~ *iF:~~ • ma~ --~ J;; 2.$ ......... ~-d-- =~;:;::i:;.~";*'i'~ . oft'._ •au , •llMJ......,.. .. __ ., .. ......., __ ... ___ .,. __ ...,_ or~•JOUc.tnot _ __........_,._,. -.... ) ........ ., .... , •• t;llllf. ~·---.. -~ .................. a., •. -, ........ . •Moc:clfllda._..._.,, ziu•ct· 1 dV ~,., .... " ... , . ,.._. .... .. _ .. ..., .... _,,, .... "-. Tlllo v..._ ii I -..._ .. ~ Pllrnig 0 i ·-.............. ... .... _Cooollr---.~ ...... Colorado' ........... lt.10a.m.MC15:00sun.. ~ .............. . nwar:iael -\ , -z·~--.. ,,:.;;., -, s 1a:s,_ -......... :0 ......... ~.-... -af~p.m,. ...... _.,._ ...... of~ --~-.:e-.-30f, ..... -.Glonooiid-...e.......;;;. . ,,..,... o.p...~ ... :~;-' -........ ''· ~.!Uf:r:30.t1J04hh~ ...... PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. SS. 25769 Gary Dickson emn1 I, ...................................................................................................... do sol y Publisher swear that I am ...................................................................................... of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said Cowity of Garfield for a period of more than fifty-t,vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second.class matter under the provisions of the Act of March 3. 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within the meaning of the la\vs of the State of Colorado . That the annexed legal notice or advertisement was published. in the regular and entire issue of every number of s..1id newspaper for the period of .... L ....... consecutive insertions; and that the first pub_ Iication of said notice was in the issue of said newspaper dated .. .. ..J..\!!Y .. JQ ................... AD., 19 ..... ~f.i: . ., and the last publication of said · · th · f 'd da ed July 30 •D nottce was in e issue o sa.i newspaper l ............ . ............ .a. .• 19 ... 9.!±.. .. In witness whereof I have hereunto set my hand this ... ~.9.~!2 ....... . day of ........ J.Y.!J'. ........... :::::::-.·&~ ........................... . · nager I Publisher me, a notary public in and for the lorado. this ............ )9..\:.~................ day - ' ···-.... . -.. ---..;;-.~.;....:·.-.•. ~.!1 2014 Grand Ave., GlenwoOd Spnngs, CO. SlEllf:( (IMPORTANT MESSAGE) FDR------------------~ A.M. DATE ___________ TIME ____ P.M. M-------------------- DF-------------------- PHONE_-='""""""",...----.,.,.,,=-==---..,=====--AREA CODE NUMBER EXTENSION OFAX O MOBILE~==~---~==~-~===-AREA CODE NUMBER TIME TO CALL lELEPHDNED CAME TD SEE YOU . WANTS TD SEE YOU RETURNED YOUR CALL MESSAGE (1 f/n ,, Jq z::zs-9V SIGNED TOPS dJh FOAM 30028 v LfTHO IN U.S.A. PLEASE CALL WILL CALL AGAIN RUSH SPECIAL /-'.\TTENTI_DN ff ~LLJ '>fCJ Date 7-9-91 Description 40 Lines @ .50 Legal # 25984 { f Charges Bal. Due. $20.00 $20.00 .. • Date 7-9-93 2014 Grand Avenue P.O. Box 550 Glenwood Springs, Colorado 81602 •• 945-8515 (\ • V\ (')'--' a_ A \ V) : \.::"-' ' \ DOTH: POLONGER CENTURY 21 426 Railroad Ave. Ste. 21 RIFLE, CO 81650 Description 40 Lines •~ . 50 Le~al fl ?5984 -··~ ·--.. All .ll.ruvi.untaJlua..ant't-P.auahla Unnthlu _ .. Charges $20.00 Bal. Due. ~20.00 ' • l ' ~/ • 'i PUBUCtionce T.Me NOTICE that ROY' KUNze has aippled to 1he ltlflk9 eo.dl:J(~ o.tilMQOuintr,-Sale cl Colorado. " _... a Side Selleck Verience to Section aot.os of ... a.field County lor*'D Re9oMion o1 197(\• ....... lncornectlon .... lobMgde- 9Clt:red ~llMhd ln1'9COUl"llJofG11'191d. Slate .. .,..,._....., Legato.:.tptlon: Lot 7, Block 1 .... VllllgeSoull. • In the t9CIClld9I d .. Gartleld County Clertt Md Re-....... Practical Oe9crlplCln:-loc:Med • 0222" Winc:he9eer. wodi•whltJ 2.5Mlls .. d1tieC1ydR1te. SaidVarlanceappllcation Stoellowa 1.4 footencroech- ment ... the NqUhd 10 tool 9ide 9elback.. ontl'le abo•e dsac lb9d property. Al penons lllfec.t9d ti, lhll pn:ipcaed Variance applica- tion Ml lrwledto tippem' Md lllatettS ..... protests or~lfyioueenftot__.~ 119UCh- hNring.lhenY'O'l..e urpd to91111teyourview9bJ' letter, ; ~--you·-... .... to~ v--. ~ ; t --•lwZcri'.l!JBwdolAl:flu*nenl, wilfjltte coreideHllion to Ille cc:m'neftl8t# ~ piopectyownert.andolaers ediededindeddfnO"wheeher to giant or -., .. NqUe9I tor e. v..r.nce. This YariMceappllcelonmay be ~ .. ttwol dllce o1 thePl9IW!lng Depeirftnenlbcaled at 1099thStreel, SUie 303,-Caunly"-"--. """'-"-Colofadobelween the hout9 or aooa.m. ~ s.-oo p.m., _.._. ....... Thal publoheaflng on the~ hmo been Mt fer the25lhct.yct.....,_, 19SM.a1ttiehourct'7:00P.m..a1ttie cf oftb9 cf .. Z°'*'IJ Boerd cf ~ Garfteld Cowity Courthome. Sule 301, 109 8lh Street. Glen---""""""' --GonloldCaunly Publlshed Jutv 9. 1994 In the Glenwood PO!ll PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO. } COUNTY OF GARFIELD. SS. 25984 I, ............. g:"':.1:.Y. ..... IJ}.~.~.:!.9..1! ............................................... do solemnly swear that I am .P.IlBL.LSRER. ...................................................... of the GLENWOOD POST; that the same is a newspaper printed. in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-t,vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second.class matter under the provisions of the Act of March 3, 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within the meaning of the la,vs of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newsp:iper for the period of .. .J .......... consecutive insertions; and that the first pub. lication of said notice was in the issue of said newspaper dated ..J.1.1.ly ..... 9 ...................... .A.D., 19 ... 9..4 .. ., and the last publication of said notice was in the issue of said newspaper dated .... J.l!.l)r. ... 9. ... A.D .. 19 ........... 9.4 In witness whereof I have h unto set m~ hand this ... 9. .. t..\!. ........ . day of ............. J.1.1~--~-.............................................. ~::.~ ..... . Gener Ma er I Publisher ancl ~o before notary public in and for the \~ .. -,-. .. 0 . 9th ~·t;art;g.a.-~ of Colorado. this ........................................ day .. 9..{J.u.11.~ ......... ~.:;,. ~ .. ~ .. ~A~ 19,2..~. >-~ r~ .§ ~ r-. ~;___ ~ ···-----·--~ \ · · . · No'f-2, Public ~'Ssio~ &pi~eS; ... ~-~'.~.1 ~.~~-~~-~~-~ ........ ~~ .......... . -...'-~,:__'-" ......... _,_,,...., 2014 Grand Ave., Glenwood Springs, CO. 81601 August 17, 1994 Roy E. Kunze 0222 Winchester Rine, CO 81650 GARFIELD COUNTY BUILDING AND PLANNING RE: Board of Adjustment Hearing Dear Mr. Kunze: • .. • ., Please consider this letter to be official notification that on August 16, 1994, the Garfield ·" County Boatd of Adjustment approved your request for a variance from Section 3.03.06(3), Minimum Side Yard Setback, R/L/SD zone district, to allow a 1.4 foot encroachment in the required 10 foot side setback at 0222 Winchester, Rifle Village South. If you have any question, feel free to contact this office. Sincerely, Stella M. Archuleta Secretary to the Garfield County Board of Adjustment xc: Dottie Pologar 109 8TH STREET, SUITE 303 945-82121625-55711285-7972 GLENWOOD SPRINGS, COLORADO 81601 ---------------- - - ----• • RESCHEDULED PUBLIC NOTICE TAKE NOTICE that ROY KUNZE has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Side Setback Variance to Section 3.04.06 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: Lot 7, Block I, Rifle Village South, as in the records of the Garfield County Clerk and Recorder's Practical Description: Located at 0222 Winchester, approximately 2.5 miles west of the City of Rifle Said Variance application is to allow a 1.4 foot encroachment in the required JO foot side setback 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 Jetter, 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 I 09 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of8:00 a.m. and 5:00 p.m., Monday through Friday. That a rescheduled public hearing on the application has been set for the 16th day of August 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 • • TO: Zoning Board of Adjustment, .Garfield County • '"! (,, ,,, FROM: Wm L HUCKABAY 0209 REMINGTON P. 0. BOX 1999 RIFL~ - DATE: August 6, 1994 I ~i,' ·-,.~~~ ~-'~ fM~.I SUBJECT: Variance request: 0222 Winchester 71'f t.,. :. .... ····--·-·-********************************************'*·*:'lr.f'r.~~'!"-.·--.,-DU-N_JY.-c:,,:';,:) I have no objection to the variance requested. Further I feel it would be inappropriate not to a prove this request. Thank You. • • RESCHEDULED PUBLIC NOTICE TAKE NOTICE that ROY KUNZE has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Side Setback Variance to Section 3.04.06 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: Lot 7, Block I, Rifle Village South, as in the records of the Garfield County Clerk and Recorder's Practical Description: Located at 0222 Winchester, approximately 2.5 miles west of the City of Rifle ' Said Variance application is to allow a 1.4 foot encroachment in the required I 0 foot side setback 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 of8:00 a.m. and 5:00 p.m., Monday through Friday. That a rescheduled public hearing on the application has been set for the 16th day of August 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 • \<. 0 '-'\ \<. l.Vv\ z_ e... S\~~"'\ ~ ~ v.\ c__.,~ "" (J I '\-\' , w~\: ~ ~ ~Dyv02- • "'So cM,_ "\_Ci <"'-S. \ ~OY (\ E' «;~ 0 S\- ~ bli \;::'., '--'lY\ Ze-':s ho'\'V\-.a- Z 209 L94 2911 Receipt fot Certified Mail No Insurance Coverage Provided ~ Do not use for International Mail (See Reverse) S~to rk A. & Patricia N. Sil $§9' and No 0 Wamsley Way p if:! f 1r~ a;d CoCode 816 5 0 Postage $ .29 Cer1ihed Fee 1.00 ~~ia1 OeW.~v Fee I I I I I ~Jrict1x(Pelive1,v.Fcie l I I Re1u10 Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom. Date, and Add1essee'5 Address l -()() TOT Al Pos1age $ 2 rya & fees Poslmark or Date I 7-ZC1_-4Lf ! s ! I z 209 194 297 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail fSee Reverse) Sen! to T-,..fc T,. '-"' '" " S1ree1 and No P.O. Box 936 P.O., S1a1e and ZIP Code 01 ai. CA 93023 Pos1age $ .29 Certified Fee 1.00 Special De1iverv Fee 1 I Restricted Delivery fee 1 Return Receipt Showing to Whom & Dale Delivered Return Receipt Showing to Whom. 1. 00 Date, and Addressee's Add1ess TOT At Pos1age $ 2.29 & Fees Pos1mark or Date 1 -z.q-qt_\ -------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - te §! - I I ' I I ' z 209 1,94 296 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to '-.1t--~ A & Ruh" M ui a-I __ ,_ Street and No ~615 R1a~khorne Av,,. ......... P.O., State and ZIP Code Lakewood. CA 90712 Pos1age $ ,29 CerhlMJd Fee i.nn Special Oelwerv fee ' ! Restricted Oeliverv Fee Return Receipt Showing 10 Whom & Date Oehvered Return Receipt Showmg to Whom, Dale, and Addressee's Address 1 (\(\ TOT Al Postage $ 2.29 & Fees Postmark or Date l--29l~CfY - r Z 209 19Y 295 Receipt for' Certified Mail No Insurance Coverage Provided ;;;;: Do not use for International Mall (See Reverse) 5!1\.~ Kathleen & Janet Johni on """"'f)ll """'rgaret ::;anaova.L --, ~ -.. -· "" P:u., ~t.He •na Zt A . " - Denver, co 80224 Postage $ .29 CE!rtihed Fee 1. nn i1Special Delivery Fee 'I: ' 1Aes1t1c1M Oelivefv Fee I Relurn Receipl Showing to 'Nhom & Dale Oehve1ed Return Re<;eipt Showmg to Whom, Date, and Addressee's Address 1 nn TOTAL Postage $ 2.29 & Fees Postmark or Date l-LC).114 ' ! i I z 209 ],94 294 Receipt for· Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to ""·1,... D ' .. •-•• T n St•eot and No 252 Remington P.O, Stdtc and 71P Code Rifle. co 81650 Postage $ .29 Cerlof1cd fee 1 nn j , ppccia~ L>cln;N~ '! e;• '1~Sl•ic!c<l [)()!NNY FeC Rc1urn Receipt Showing to Whom & Date Oel1vcrcd Relurn Receipt Showmg 10 Whom, Date, and Addressee's Address 1 nn TOT AL Pos1agc $ 2_ 2q & f(•es Postmark or Date i 1 _z_q,.qt..{ I z 209 194 293 Receipt for· Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Paul H, & Bertha M, Linds "~'o~i "R.oad 245 P_O . State and 71P Code New Castle. co 81647 Poslagc $ .29 Certi11cd I ee 1.00 sfflk1.at lMl111Nv·r.,r - Rf.'s1riC11'>d Dchvt-rY'fi>c RNurn Rcce•p1 Showing lo Whom & Datn Ocl1vurt'd Return Rece•p1 Showing to Whom, 1.00 Date, and AddreSSNl'S Add<CSS TOT Al Postage $ 2.29 & Fees Postmark or Dale i l-Z,q_q'i I ------------------------------------- - - - - - - - - - - - - re I I I z 209 194 292 Receipt for Certified Mail No Insurance Coverage Provided ;;;:; Do not use for International Mail (See Reverse) Sent 10 Brenda J. s;or<>ren Strnel ~n~ 12 Remington P.O., State and ZIP Code Rifle, CO 81650 Postage $ .29 Certified Fee 1.00 ~ill Oel~ve~v.l;ae ii I ~~Jri<l~,P$1~v,Fee n I I Return Receipt Showing to Whom & Date Delivered Relum Receipt Showing to Whom, 1.00 Date. and Addrns.see's Address TOT Al Postage $2.29 & Fees Postmark or Date l -Z-CJ.-Ci'-1 I I I z 209 ],94 291 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) 'Mu'fel K. Benson "jl""d"' ~ • • ox 1156 •.A!SP\o168f1'1PJ.q,ancisco, CA9630' Postage $ _?Q Certified Fee 1-00 Spe<:ial Delivery Fee I Resfricled Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom. [)ate, end Addressee's Address 1 nn TOT At Postage $ 2.29 & Fees Postmark or Date 7 -ZCJ '°1'-{ I I I ' z 209 194 290 Receipt fot Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) 'b'lil.Yid R & Su a an K. McKenz·e '75'9'"~dar Court 'Jf11:n~ :"· e!f°"'s 16 so Posiage $ .29 Certified fee 1.00 Special Oel!very Fee ' ' ' R<1stricted De!Jvery Fee I I Return Receipt Showing to Whom & Date Oelivarnd Return Receipl Showing lo Whom, 1.00 Dale, and Addressee's Address TOTAL Postage $ 2.29 & Fees Postmark. or Date 7-Lft-ctY, -------------------------------------------------- z 209 194 289 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent lo ny & Teresa Christiansen tl'1'4'!' \'Pillage Drive fi·i"J'l! :•dt)OCod'13 l 650 Poslage $.29 Certihecl Fee 1.00 • !special DelMlt'y f'ee : , R~slflcted Oe1iv81'y Fee . ! Relorn Receip! Showing to Whom & Date Delovered Return Receipt ShowillQ 10 Whom, 1.00 Date, aocl Ackhessee's Address TOTAL Postage $2.29 & fees Postmark or Dale ! 7-2-C1-9L\ ! I --------------- - - - - - - - - - - - - - - - - - - - ' z 209 194 288 Receipt for· Certified Mail No Insurance Coverage Provided ~ Do not use for International Mail (See Reverse) 6'fittt0 A. & Lavon F. Gully '"'ti~~" Remington Drive P 0 Rl'fl'~ i" etl' 81650 Postage $ .29 Cerh!oed Fee 1.00 S/'i1k'oi1t L>CtivNy re(' Ril'sftk"1ed [)6hvcry ·Fee Re1um Rece•p1 Showmg 10 Whom & Darn Delivered Return Receipt Show•ng !O W~1orn, 1.00 Date, and Addressee's Addre~s TOTAt Postage $ 2,29 & ft>(lS Postmark or Da!e /-Lq -~'-( --·--·---· -- I I z 209 194 287 Receipt for• Certified Mail . No Insurance Coverage Provided == Do not use for International Mail (See Reverse) 5"W'111iam L. Huckabay s1rlf1.ao1.N0Box 1999 ''Rf'f1~~ "'ca''' 81650 Postage $ .29 Certohcd Fee 1.00 Stlft'r.11' l){•t1VE•rv' I e(• I -. iAt!Sttlttlld lWlovf:i~'f\fr." I Return RccC•Pl Showing lo Whom & Daw Ocl1vcrcd Return Rcceopl Showing to Whom, 1.00 Date. and Aci.J1essec's Add1ess TOTAL Postag<' $ 2.29 & fees Postmark or Date I 7-Z--9~°/;L{ I I I ' • • July 27, 1994 Dottie Pologar Century 21 • 426 Railroad Ave., Suite 21 Rine, CO 81650 RE: Variance Request Dear Dottie: GARFIELD COUNTY BUILDING AND PLANNING The application from Roy Kunze for a Variance to Section 3.04.06 of the Garfield County Zoning Resolution of 1978, as amended, in the R/L/SD Zone District to allow a 1.4 foot encroachment in the required 10 foot side setback has been re-scheduled for a public hearing before the Zoning Board of Adjustment on August 16, 1994, at 7:00 PM, in Suite 30 l, 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. Dave Michaelson Planner DHM/sa 109 8TH STREET, SUITE 303 • 945-82121625-65711285-7972 GLENWOOD SPRINGS, COLORADO 81601 • • PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER/SEWER: ACCESS: EXISTING AND ADJACENT ZONING Variance from Section 3.03.06(3)- Minimum Side Yard Setback - R/L/SD Zone Roy Kunze Lot 7, Block I, Rifle Village South subdivision, First Filing; practically described as a subdivision located approximately 1/2milesouthwest of Rifle. The lot is 21.370 square feet in size. Community water and sewer ResidentiaVLimited/Urban Density I. RELATIONSHIP TO THE COMPREHENSIYE PLAN A. Site Description" The subject property is a residential lot located in the Rifle Village South subdivision. The Jot is located on the south side of the subdivision, against the hillside (see page• 9 • ). The only improvement on the lot is the modular home. An improvement Location Certificate is attached on page• II> • . B. Request: The applicant is requesting a variance from the required ten foot (JO") side yard setback. the applicant had a modular home placed on the property, which was not placed correct~ This was not discovered until the ICC was done (see application pages 19 •I~ ). '\ /<t. II. MAJOR ISSUES AND CONCERNS ~--=: • A. Zoning: The applicant's property is in the ResidentiaVLimited/Urban Density (R/L/UD) zone district. This zone district requires the setbacks as all other residential district of 25' for the front and rear yards, and IO' for the sides. B. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property," the Board may authorize a variance. In addition, the Board must also find: ----------------------- • 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 2. 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; and 3. That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. C. Garfield County does not require a surveyed placement of foundations prior to approving the placement of a manufactured home on a lot. The responsibility for placing the unit correctly is the owners responsibility. In this case, the Jots in Rifle Village South are very small and it is possible, even with a survey, to miss the setback due to the age of the subdivision's original survey. The ideal solution to the problem would be for the applicant to acquire a small portion of the adjoining lot, but this is not possible, since that would create a hardship for that property owner III. SUGGESTED FINDINGS 1. That the application for Variance was not 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. IV. RECOMMENDATION \ ·.·.·.·· ... 1) \' .. • . . ® ® x @ @ ~· E ® e ®0. ® ~ ... 8· • @ " : • ~ • • ~ ·"' ® = ® •. ® . ... 8 •. .. 7 ® e ®. ~ :xi @ ~ l 1100 ,~ .. ~ ~ ' •. =. . ~ 'l m .. 0 " 0 \ .. 0 ... C; ® ,,Mo' .. "t" • 11t.t• .. ® " z > '"· ' \ .·/ I i, '~ ' :: • , :i· e "® I !. ®' . ' !., . k,, 'i I· l ' v ·1 ·.l ',, i. r--o.. IMPROVEMENT LOCATION CERTIFICATE • N ... FOU>IO Al.. CAP le RteAll lS 10732 LOT 8 SCALE : 1 " .. 30' -...... ... ... ... ... liQIE bi Sfnole Stor "' <d Modular ., Y Frame FOUND N A nome o dcJress Posted LOT 7B 0.45 ACRES >J... 01# le RteAA l$ 8B26 THE BEARINGS FOR THIS CERTIFICA IE ARE FROM THE RIFLE VILLAGE SOUTH SUBDMSION-FIRST FILING. 'IHE BEARINGS IN PARENTHESIS ARE FROM THE TITLE COMMllldENT NO. 93\.0090 PREPARED av OOMMONWC:ALTH 11TLE CO., EFFECTIVE OCTOBER 19, 1993. I I er ... Drtvo I I t I "' I I I 4 • -- ... , ...... ... I ... .... I I I I I I I ... LOT 7A FOUNJ> IJ,.. C/o/' & REBAR l.s 10732 ... ... ...... ' ·. PAGE I OF 2 1; Starbuck Surveyol's & Engine~re •···· ... "'''i''t '!:~i • 1[_~~';:~1][] (""'flfl€LO CC0'41Y Dear Roy Kunze, who owns the property at 0222 Winchester, is in the process of selling his house. The survey shows that when the house was delivered, it was not placed quite far enough on the foundation. County Zoning calls for a ten foot setback from the lot lines, and this error has caused a 1.4 foot encroachment into the setback on the southwest corner of his house. This encroachment was not caused by Mr. Kunze, and will not detrimentally affect the public, including the surrounding properly owners. It would cause exceptional difficulties and undue hardship for Mr. Kunze to have the house moved 1.4 feet. Since you own property within 200 feet of the subject property, the Garfield County Zoning Board of Adjustment requires that you be notified of Mr. Kunze's request for variance. If you have any questions please feel free to call me or the Garfield County Planning and Zoning office at 945-1377. A copy of the public notice is enclosed. Thank you for your cooperation. encl. Sincerely, Dottie Pologar Broker . · ( ,,' ; .. , .• -~~. APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners names Roy E. Kunze Owners addresss 0222 Winchester, Rifle, CO 81650 Phones 625-2619 (H) 945-2488 (W) Practical description of where property is locateds 0222 Winchester, Rifle Village South, Rifle, CO 81650 1. Present zonings RLUD Areas R1r1e i/,"/f£1 0e .S,(,LJ/\.1 LoT fi &foe.I< I 2. Describe variance you are requesting s A 1. 4 foot exception to the 10 foot setback on the Southwest corner of his modular home. See survey attached. 3. Why do you feel that the variance should be granted1 to instructi~ns, use additional pages if needed) (refer Mr. Kunze prepared his foundation· so that the modular home would be located more than 10 feet from the side lot lines, but when it was . delivered the co~pany that set it up moved it to the west 11 feet. This went unnoticed by everyone until the survey was done. It would now cause exceptional difficulties and undue hardship to hav" the situation corrected. There have been 4 permanent tie-downs installed in addition to the gas, water, sewer and electric installation. ; '·' ,j \ . : ~:I 1i .!·" I i·:, :· ' , I 'J ' ' I I • 4. List all property owners and their addresses within two hundred (200) feet of property as listed in the County Assessor's office for which variance is being requested, Copies of the Public Notice must be mailed to your neighbors by certified return-receipt mail and the receipts presented at the hearing. See exhibit "A" 5. Describe water supply, sewage facilities, utilities, and access to property. (use additional pages if necessary) City of Rifle water and sewer. Public Service natural gas and electric. Access by dedicated public street. 6. Attach a map of legal sized paper or smaller drawn to scale showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within two hundred (200) feet of your boundary. 7. The above information is correct to the best of my knowledge. ; ; :-d·'· i ~;j ' : ' • Century 21 Rifle Associates 426 Railroad Avenue, Suite 21 Rifle, Colorado 81650 Dear Dottie Pologar, • July 14, 1994 I am writing in regard to the variance application on the property located at 0222 Winchester, Garfield County, and owned by Mr. Kunze. I am protesting this variance because I do not under- stand about the 1.4 foot encroachment. Will this 1.4 feet be taken off of my property? I am afraid that if I decide to sel 1 my property J.n the future,that this would become a problem. My main question and concern is: Will any of my pro- perty lines be affected by this encroachment? I appreciate your help in clearing up this matter and concern of mine. I will be waiting to hear from you. Sincerely, Ruby M. Fleischer July 6, 1994 Dottie Pologar Century 21 • 426 Railroad Ave., Suite 21 Rine, CO 81650 RE: Variance Request Dear Dottie: GARFIELD COUNTY BUILDING AND PLANNING • The application from Roy Kunze for a Variance to Section 3.04.06 of the Garfield County Zoning Resolution of 1978, as amended, in the R/L/SD Zone District to allow a 1.4 foot encroachment in the required 10 foot side setback 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, 109 8th 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 staff, prior to the public hearing. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, oo& Dave Micha.elson Planner DHM/dhm 109 8TH STREET, SUITE 303 • 945-82121625-55711285-7972 GLENWOOD SPRINGS, COLORADO 81601 r, .. ·' ·--·-. -·-------------------------- • PUBLIC NOTICE • ' ' TAKE NOTICE that ROY KUNZE has applied to theZoning }Joard of Adjustment, Garfield County, State of Colorado, to grant a Side Setback Variance to Section 3.04.06 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: Lot 7, Block 1, Rifle Village South, as in the records of the Garfield County Clerk and Recorder's Practical Description: Located at 0222 Winchester, approximately 2.5 miles west of the City of Rifle Said Variance application is to allow a 1.4 foot encroachment in the required 10 foot side setback on the above-described property. All persons a!Tected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally al such hearing, then you are urged to state your views by letter, particularly if you have objections lo such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others a!Tected 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 of8:00 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 of7:00 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 ' ----... -.. -··----·--·. • • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT PUrsuant to Section 9.05 of the Garfield eounty Zoning ' . Resolution Ra;y Jl. K1~ze ~(~ap~p~lMfi~c~a~n~t/~1o~w~n-e_r_s_n_am_e~)--------------------~ ' , . ' request(s) Resolution a variance to Section---------of the Garfield county zoning concerning ---------------to permit ----------- in the zone district. ---------------------' --------- SUBMITTAL Rg;?UIREMENTS: A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity map: showing general geographic location. c. Legal description of site -Copy of Deed of CMnership. D. Practical description of site -including address. E. Names and addresses of property owners adjacent to ot within 200 ft. of the site (available through the Assessor's office) F. Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. H •. Narrative explaining why the variance is being requested. I. It should be demonstrated by the above information and statements that, • ••• where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, or other extraordinary and exceptional situation £E_ condition of such piece of pr'operty, the strict appHcat1on of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property•. (Section 9.05.03) J. subject to the above findings, the Board of Adjustment may authorize a variance provided: 9.05.03 (1): '!hat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): 'lhat 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; 9.05.03 (3): '!hat the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected: K. A~250 fee nust be submitted with the application. PROCEDURAL Rg;?UIREMEN'lS: 1. submit applications to the Garfield county Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agenda; Regular meeting of the Zoning Board of Adjustment scheduled on the fourth 'lhursday of each month. 2. You will receive, from the Planning Department, a "PUblic Notice Form• indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section 9.05.04. (1) 4. Notice by mailing (of the public notice form) shall be sent by certified return-receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. Section 9.05.04.(2) and accurate to the best of my knowledge. (signl:eof appicantand owner) APPLICANT: Dottie Pologar PHONE 625-2662 MAILING ADDRESS: 426 Railroad Ave., Ste.21, Rifle, CO 81650 OWNER: Ro;t E. Kunze PHONE 625-2619 (if different from above) -=-"--"-'--'--·---- MAILING ADDRESS: PO Box 1511, Rifle, CO 81650 • Exhibit "A" MARK A, & PATRICIA N. 990 WAMSLEY WAY RIFLE, CO 81650 SILLS ( LOUIS L. & GLENDA M. BRUNETTE P.O, BOX 936 OJAI, CA 93023 WALTER A. ' RUBY M. FLEISCHER I 5615 BLACKHORNE AVE. LAKEWOOD, CA 90712 ANN KATHLEEN & JANET JAYE MARY MARGARET SANDOVAL 1160 S, MONACO PKWY #2 DENVER, CO 80224 DALE R. & NANCY L. CRUSE 0252 REMINGTON RIFLE, CO 81650 JOHNSON / PAUL H, & BERTHA M. LINDSTROM.I"' 2026 ROAD 245 NEW CASTLE, CO 81647 BRENDA J, SJOGREN 0212 REMINGTON RIFLE, CO 81650 MUREL K. BENSON I P.O. BOX 1156 ASP SAN FRANCISCO, CA 96305 DAVID R, & SUSAN 759 CEDAR COURT RIFLE, CO 81650 K. MCKENZIE J DANNY D. & TERESA L. 0147 VILLAGE DRIVE RIFLE, CO 81650 CHRISTIANSEN I JOHN A. & LAVON F. GULLY 0231 REMINGTON DRIVE RIFLE, CO 81650 WILLIAM L. HUCKABAY I P.O. BOX 1999 RIFLE, CO 81650 • ... LOT 8 ... ... ... ... • • LOT 78 SURVEY RIFLE VILLAGE SOUTH SUBDIVISION -FIRST FILING GARFIELD COUNTY, COLORADO ... "' o. "' o. • FOUND AL. Cl>P le REBAR LS 1D732 LOT 78 0.45 ACRES u1JJJ SET Al. Cl>P le REBAR LS 6826 N SCALE : 1" = 30' PAGE 1 Of 1 JOB I 92-065 FOUND REBAR le Cl>P SOLAR COUNlRY LS 14111 r "'o' LOT 7A Ii'. 0 "· . 'Y.) FOUND REBAR le Cl>P SOI.AR COUNlRY LS 14111 0.45 ACRES ~ FOUND AL. C1>P le REBAR LS 10732 0. INDICATES POINTS SET ON PROPERTY Li NE (SPIKE a LATH) FOUND AL. C/oP le REBAR LS 10732 (/) LOT 6 5 · S E Starbuck Surveyors & Engineers P.O. Box 1584 • 205 E. Chambera Ave., Eagle, CO 81631 • (303)328-7208 . . __/ / ~~.~ ./ I I . •/ ; : . • • IMPROVEMENT LOCATION CERTIFICATE .... FQUNO Al.. CAP le RtBAR lB 10732 ' , 0,ol.tNl~~ "ZLii1o"v1q /O~ w \\ \ yv2_o_-~ 0-"-.) Ol...J'-'~ C.f.A..--'..-Q9_. N SCALE : 1' ., 30' ' ... llil.l!. LOT 8 ... ... ... ... .... 56,2 o, Single St <D Modular iry F'rom, N N A "'Orne o ddre,a Potted FOUND LOT 78 0.45 ACRES Al.. O~ le REIAA 1.$ &81& THE BEARINGS FOR THIS CERTIFICATE ARE FROM THE RIF'LE VILLAGE SOUTH SUBDIVISION-FIRST FILING. THE BEARINGS IN PARENTHESIS ARE FROM THE TITLE COMMl1MENT NO, 93\0090 PREPARED SY COMMONWEALTH TITLE CO .. EFFECTIVE OCTOBER 19, 1993. I I er. OrM I t. I I "' I I I 4 • -- -~ "' ... , ...... I I I I I I I I ... ... ... LOT 7A .... FOUNI> Al. C>I' I< REBAR l.S 10732 ... ... ... ... ~ PACE 1 OF 2 -JOB I 9J-o1SO s •,; Starbuck Surveyors & Engineer !!! - • Dear Roy Kunze, who owns the property at 0222 Winchester, is in the process of selling his house. The survey shows that when the house was delivered, it was not placed quite far enough on the foundation. County Zoning calls for a ten foot setback from the lot lines, and this error has caused a 1.4 foot encroachment into the setback on the southwest corner of his house. This encroachment was not caused by Mr. Kunze, and will not detrimentally affect the public, including the surrounding property owners. It would cause exceptional difficulties and undue hardship for Mr. Kunze to have the house moved 1.4 feet. Since you own property within 200 feet of the subject property, the Garfield County Zoning Board of Adjustment requires that you be notified of Mr. Kunze's request for variance. If you have any questions please feel free to call me or the Garfield County Planning and Zoning office at 945-1377. A copy of the public notice is enclosed. Thank you for your cooperation. encl. Sincerely, Dottie Pologar Broker - •' • • APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners name: Roy E. Kunze Owners address: 0222 Winchester, Rifle, CO 81650 Phone I 625-2619 (H) 945-2488 (W) Practical description of where property is located: 0222 Winchester, Rifle Village South, Rifle, CO 81650 1. Present zoning: RLUD Area: Rifle i/.Ha 0e. ~1,1.#1 loT 1, 13/oe-K I 2. Describe variance you are requesting: A 1.4 foot exception to the 10 foot setback on the Southwest corner of his modular home. See survey attached. 3. Why do you feel that the variance should be granted: to instructions, use additional pages if needed) ' (refer Mr. Kunze prepared his foundation· so that the modular home would be located more than 10 feet from the side lot lines, but when it was delivered the company that set it up moved it to the west l! feet. This went unnoticed by everyone until the survey was done. It would now cause exceptional difficulties and undue hardship to hav" the situation corrected. There have been 4 permanent tie-downs installed in addition to the gas, water, sewer and electric installation. • • 4. List all property owners and their addresses within two hundred (200) feet of property as listed in the County Assessor's office for which variance is being requested. Copies of the Public Notice must be mailed to your neighbors by certified return-receipt mail and the receipts presented at the hearing. See exhibit "A" 5. Describe water supply, sewage facilities, utilities, and access to property. (use additional pages if necessary) City of Rifle water and sewer. Public Service natural gas and electric. Access by dedicated public street. 6. Attach a map of legal sized paper or smaller drawn to scale showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within two hundred (200) feet of your boundary. 7. The above information is correct to the best of my knowledge. i 'd • • I#PROVE#ENT lOCATION CERTIFICATE No Posted Address Winchester Street Rifle, Colorado LEGAL DESCRIPTION Lot 7, Block 1, Rifle Village South Subdivision, First Filing, EXCEPT that portion descri~ed as follows: Beginning at the northeast corner of said Lot 7; thence S9uth O 32'20" East 238.55 feet along the east line of said Lot 7; thence North 6Z 38'18'' West 89.58 feet along the southetlY line of said Lot 7; thence North O 32'20" West 238.55 feet; thence South 67 38'18" East 89.58 feet along the northerly line of said Lot 7 to the POINT OF BEGINNING, County of Garfield, State of Colorado. * * * * * * * * * * * * * * * * * * * * I hereby certify that this Improvement Location Certificate was prepared for Helmick Mortgage Corporation, Commonwealth Title Co. and Brian D. Watt; that it is not a land survey plat or improvement survey plat; and that it is not to be relied upon for the establishment of fence, building or other future improvement lines. I further certify that the improvements on the above described parcel, as of December 16, 1993, except utility connections, are entirely within the boundaries of the parcel, except as shown; that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated; and that there is no apparent evidence or sign of any easement crossing or burdening. any part of said parcel, except as noted. Based on FEMA mapping (Community Panel Number 085078 1353 D), subject property is in Zone C. Note: The· legal description from the title commitment does not agree w1th the Plat of Rifle Village'iiouth, First Filing, as to the side lot lines. Please note discrepancy and notes on Page l of 2 of this Improvement Location Certificate. ' Note: There was no final title policy available for this survey, so there may be easements or rights-of-way of record other than what is shown on this certificate. This certificate is based on Title Commitment No. 9310090 prepared by Commonwealth, Title Co. effective October 19, 1993. Notice: According to Colorado law, you must commence any legal action based upon any defect in this certificate within three years after you first discover such defect. In no event may any action based upon any defect in this certificate be commenced more than ten years from the date of certification shown hereon. Date:. __ _ Job No. 93-150 Page 2 of 2 Herbert A. Ri.ischard, P.E.-L.S. 6826 Starbuck Surveyors end Engineers P.O. Box 1584, Eeg1e, Colorado 81631 (303) 328-7208 Eeg1e; (303) 625-3913 Rifle • • COMMITMENT FOR TITLE INSURANCE SCHEDULE A FILE NO. 9405086 1. Effective Dates 2ND day of JUNE 1994 1 at 7:59 A.M. 2. Policy or Policies to be issued• (a) ALTA OWNER POLICY, FORM B-1970 (REV. 10-17-70 AND 10-17-84) $85,000.00 Proposed Insured• GRETCHEN L. CROSS AND KIT H. BUELL (b) ALTA LOAN POLICY-1970 (REV. 10-17-70 ANO 10-17-84) $76,000.00 Proposed Insured• MESA NATIONAL BANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: ROY E. KUNZE 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado, and described as follows1 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOP TITLE CHARGES OWNER'S POLICY MORTGAGEE'S POLICY TAX CERTIFICATE FORM 100 FORM 100.30 PORM 8.1 COUNTERSIGNED•~ ~ AuthOrzetf Officer or Agent Valid Only if Schedule B and cover Are Attached Amertcen Lend Title Aaaoctatton Ccnmttment Schedule A (Rev•d 6·86) jd I' $401.00 30.00 20.00 20.00 40.10 ·10.00 • ' FILE NO. 9405086 LOT 7 BLOCK 1 • EXHIBIT "A" RIFLE VILLAGE SOUTH SUBDIVISION, FIRST FILING EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: • Beginning at the northeast corner of said Lot 7; thence south 0°32'20 11 East 238.55 feet along the east line of said Lot 7; thence North 67°38'18" West 89.58 feet along the southerly line of said Lot 7; thence North 0°32'20 11 West 238.55 feet; thence South 67°38'18 11 East 89.58 feet along the northerly line of said Lot 7 to the POINT OF BEGINNING. • • • PILB NO. 9405086 SCHEDULE B -SECTION I The following are the requirements to be complied with• 1. Instrument creating the estate or interest to be insured must be executed and filed for record, to wit1 a. warranty Deed from Roy E. Kunze vesting fee simple title in Gretchen L. Cross and Kit H. Buell. b. Deed of Trust from Gretchen L. Cross and Kit H. Buell to the Public Trustee of Garfield County for the use of Mesa National Bank. 2. Pay the full consideration to, or for the account of, the Grantors or Mortgagors. J, Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs alterations thereto are completed1 that contractor, sub-contractor, Labor and materialmen are all paid1 and have release of record all liens or notice of intent to perfect a lien for labor or material. 5. Termination of financing statement from Roy E. Kunze and Hattie L. • Kunze, debtors, to Green Tree Financial Corporation, secured party, recorded November 17, 1992 in Book 847 at Page 503. 6. Receipt of satisfactory plat of survey by company·approved surveyor. NOTE: The company reserves the right to ~ake exception to any adverse matters disclosed thereon. 7. Execution and return of the attached Affidavit and Agreement indemnifying the company against unfiled mechanic's and materialmen's liens. NH 6 Allerlcen Lend Title A88ochtlon conmltment Schedule B • Section I • Form 1004·5 / • • FZLB NO. 9405086 SCHBDULB B-SECTZON 2 Schedule I of the Policy or Policies to be Issued will contain exceptions to the following matters unless the &OIDC' are disposed of to tho satisfaction of the C"""8ny: 1. Rights· or claims of parties In possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Dfacrepancfes, conflfcts~tn boundary lines, shortage fn area, encroachments, and any facts which a correct survey and Inspection of the premises would disclose and which are not shown by the Public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, fffJ>Osed by law and not •hown by the Plbl lc records. 5. Defect•, liens, encl.l!Oerances, adverse clafsns or other matters, ff any, created, first appearing In the public records or attaching slbsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or Interest or mortgage thereon covered by this conmf tment. 6. Pursuant to senate Bill 91-14 (CRB 10-11-122) Notice i• hereby given that1 a) The subject real property may be located in a special taxing district; b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer'• authorised agent; c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County clerk and Recorder, or the County Assessor. HOTEi A Tax Certificate will be ordered from the County ~reasurer by the Company and the costs therefor charged to the proposed insured unless written instructions to the contrary are received by ~ Company prior to the issuance of the Title Policy anticipated by this commitment. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. a. Right of the proprietor of a vein or lode to extract and· remove his ore therefrom, should the same be found to penetrate or· intersect the premises hereby granted and a right of way for ditches or ~anals as constructed by the authority of the united states as reserved in United states Patent recorded April 4, 1902 in Book 56 'at Page 445. 9. One-half of the oil, gas, petroleum, hydrocarbons and minerals on or within subject property, together with the right to enter upon the same to prospect for, mine and remove the same, as reserved by Glenn L. Zastrow and Eva M. Zastrow by instrument recorded Auqust 12, 1960 in Book 329 at Page 168, and any and all interest therein or assignments thereof. 10. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, imposed upon subject property by instrument recorded July 27 1 1977 in Book 499 at Page 167. NOTE: EXCEPTION(S) 1, 2, 3, 4 & 6 WILL NOT APPEAR IN THE MORTGAGE POLICY TO BE ISSUED HEREUNDER Tho owner•• Policy of Title Insurance comnfted for In this Comnftment, ff any, shall contain, In addition to the It ... aet forth In Schedule B • Section 2, the following Items: (1) Tho Deed of Trust, ff any, required under Schedule B • section I, Items (b).(2) Unpatented mining claims; reservations or exceptions fn patents or In Acts authorizing the Issuance thereof. (3) any and all unpafd taxes, 111essmenta and 1.11redeerned tax sales. ~rfcan Lind Title Association comnf tment Schedule B • Section 2 Form 1004·12 • • • ---·;----.-.......,...,..-~-.. --. ---------------- }· ~ l ~ ·! •. ; .~-. \,: ' '·. .•. \>: . " j. .. '· ' :;.: ;;· \ . :, .:.....-:. N: .. Z 17 c CERTIFICATE OF OCCUPANCY BUILDING DEPARTMENT GARRELD COUNTY, COLORADO No cbangic in the ebaractct of occupancy of a buildina shall be made without a Certificate Issued Without Fee of Occuponcy -(UBC Sec. S02) ,. • ?fovember 29 19 93 Permission is hereby granted to ___ ~lto~y~K="=n=z~e--------------------- Building Permit No. 4576 Zone District ___________ _ situated at 0222 Winchester• Rifle Lot --Bii<. __ Addition ----- for the following purpose Install Manu. Home (State Nature of Uoe) Contractor __ Own==•=r=------------------------------------- Issuance of a CcrtirK:ate or Occupaocy shaD not be construed u an approval of the provisions of tbis code or or other ordiaanccs of the jurisdiction. ~rtificalcs prcsumiQa: 10 ai\tC authority 10 violate or cancel the psovisions ·-of this code or of Olbcr ordinances of tho jurisdiction sboll DOI be valid. (UBC Sec. 307(a)). ~ . ~ .· / GARFl.~~N,.JV B,l~l~G -~EJA~MENT / · s~--· ._. I/' .. ·· , .. I White: Owner Green: Lending Agency Yellow: Buildlng Department Pink: Assessor ·Gold: Contractor ·' ;~