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HomeMy WebLinkAbout1.0 ApplicationRECEW MAY 12 7.017 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION O Administrative Review O Limited Impact Review O Development in 100 -Year Floodplain ❑ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR ❑MIR ❑ SUP O Development in 100 -Year Floodplain Variance O Code Text Amendment O Minor Temporary Housing Facility ❑ Rezoning ❑ Zone District❑ PUD ❑ PUD Amendment ❑ Administrative Interpretation O Vacation of a County Road/Public ROW O Location and Extent Review O Comprehensive Plan Amendment ❑ Pipeline Development ❑ Time Extension (also check type of original application) ❑ Appeal of Administrative Interpretation ❑ Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act r� Variance INVOLVED PARTIES Owner/Applicant r � Name: ��k12 6- Cei-sl�} 'JUrt v\ Mailing Address: 0 0-7 1 rex t1 r. , R. i ?1...e... , ( G City: {� I �, 1 _�(=:7S-6— State: Zip Code: Z �(=:7S-6E-mail: 6.3[JLunV1C) 50 riS . i'1 t - Phone: A10 ) 3-)9 Ub 61 Representative (Authorization Required) Name: Phone: ( Mailing Address: City: E-mail: ) State: Zip Code: PROJECT NAME AND LOCATION Project Name: i Assessor's Parcel Number: 2 _ ` ! - 0 5-2_ a 0- v Physical/Street Address: 00 7 C4 F ')< Atom. a t P J co Legal Description: Zone District: R Property Size (acres): PROJECT DESCRIPTION Existing Use: xis , wain .2a16 cae n Proposed Use (From Use Table 3-403): D scription of Project: 1� b U I ,� c La r" i aird G \Jartci i`c —. c S 1/1C/t& REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 5ignatu a of Property Owner Date OFFICIAL USE ONLY File Number: V t r - L'7 ! ! Fee Paid: $ — ]�J REQUEST FOR VARIANCE OF BARN REBUILD Regarding C2: • My husband Chris made multiple visits to the Building Department to ensure that we were following policy and procedure. He requested that the code be looked up and he was assured of the building position was correct. We had handed in our detailed plans. We were told we could dig the foundation and lay rebar. • We followed the instructions to hire an Engineer, Soil Engineer and Surveyor. • The Soil Engineer instructed us to dig more depth then the soil will have to be dampened and filled back in • It was at this point that we were told by the Building Department that we would have to move the building further back from our easement and property line Regarding 131: • The property is too narrow to move the Building back further • We would have to move the electric pole • Move the propane tank • Lose access to our Septic system • There is a steep drop in grade • The whole process would cause severe emotional and financial hardship The Planned structure will be an improvement on the prior building: • In the past we have had to drive down the road and back down a neighbor's driveway to turn our vehicles around. • We are now going to have our own turnaround and extra parking space so that our vehicles will be further back from the easement than they have been in 20 years. • Currently the proposed building is approximately 18 feet from the edge of the gravel driveway. • Our property line extends to the other side of the road/easement. • A small corner of the building will be within the area we are requesting the variance. The remainder of the building will be further back than the old building. • We have purchased a pre engineered building based on the original instructions we were given • The property has no covenances Thank you so much for your time and Attention to this matter, Julie and Christopher Dunn. Morning Glen, Thanks for meeting with Julie Dunn and myself yesterday. To follow up on key points of the property, here are some circumstances that can affect the building location: 1. To rotate and move the building farther to the west: a. There is a power pole serving the residence that would have to be relocated. b. The propane tank location would be affected. c. Access to the septic tank west of the house would be difficult to get a septic truck to it. d. The site drops severely by going further west. The existing house is a walk-out basement as an example of the drop. 2. The shape of the lot creates difficulty in rotating and moving while providing enough clearance to get septic and propane trucks around the metal building with the drop in grade. 3. By using the current location of the building, accessing the garage doors would happen on site without having to back up into the road. Improving access for other residences. 4. Currently, the proposed building is approximately 18' from the existing edge of gravel travel way. 5. Our interpretation of the setback for this property is 25' from the front property line. We have the building located 35' from the front property line. From our meeting yesterday, it sounds like this is a gray area in the code even for your interpretation. 6. The existing travel way is a very low speed access. The building does not impede any site travel views or impede traffic flows. In most cases, vehicles and trailers are parked much closer to the road than the building would be without any expressed concerns of other residences using this access. 7. The property does not have any covenances. 8. If you look at the submittal with the image, aside from a small corner of the proposed building, the majority of the building is further away from the travel way than the existing barn was. Please consider these site conditions in your review. Thanks, Ron Mittleider Representing for Chris & Julie Dunn 4-114. CODE TEXT AMENDMENT. A. Overview. 1. Applications for an amendment to the Land Use and Development Code shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. 2. Amendments to the text of this Code may be initiated by the BOCC, the Planning Commission, the Director, or an Applicant owning property that is subject to the proposed text change. The Garfield County Housing Authority may also initiate changes to the text of this Code that are specifically related to Article 8 of this Code. B. Review Process. Applications for a Code text amendment shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria. An application for a land use code text amendment shall meet the following criteria: 1. The proposed text amendment is in compliance with any applicable intergovernmental agreements; and 2. The proposed text amendment does not conflict with State law. 4-115. VARIANCE. A. Overview. 1. Applications for variance shall be reviewed and decided by the Board of Adjustments. 2. Variances are deviations from certain zoning dimensional requirements 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 on the owner of the property. B. Review Process. Applications for a variance shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria. 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 exist 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; and c. Other extraordinary and exceptional situations or conditions of 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-19 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to section 4-115.0.1., 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. 4. Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 6. Variance Will Not Impair the County's Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. 4-116. ADMINISTRATIVE INTERPRETATION. A. Overview. The Director shall make Administrative Interpretations to this Code when asked by any person to clarify or interpret any part of this Code. B. Review Process. An Administrative Interpretation shall be processed according to Table 4-102, Common Review Procedures and Required Notice, with the following modifications: 1. Written Request. The person requesting the Administrative Interpretation shall provide a written request to the Director that contains the provision within the Code in which the person is requesting the interpretation and any evidence the person has that may assist in an interpretation. 2. Within 10 business days, the Director shall issue in writing, an Administrative Interpretation for the provision of the Code in question. The written response shall include a summary of the facts and the rational supporting the interpretation. C. Review Criteria. The Director shall use the best facts and evidence available to make an Administrative Interpretation of this Code. 4-117. ADMINISTRATIVE INTERPRETATION APPEAL. A. Overview. An appeal may be taken to the Board of Adjustments by any person aggrieved by a final written Administrative Interpretation of this Code by the Director. B. Review Process. An appeal of an Administrative Interpretation of the Code shall be processed according to Table 4-102, Common Review Procedures and Required Notice, with the following modifications. 1. Application. The appeal shall be filed with the Director within 30 calendar days of the date of the final written Administrative Interpretation. 2. Written Notice of Decision. The Director shall provide the Applicant with a copy of the recorded resolution setting forth the Board of Adjustments' decision within 30 calendar days of the date of the decision. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-20 CGarfield County Garfield County Land Explorer Garfield County, Colorado ,.-4Nur.. � 2127200086 - stai -, A AI& 2127352(3°4185 pm stEgriod. 2! 213631![1i903 3 {7 r Garfield County Land Explorer Printed by Web User 1 inch = 3,009 feet 1 inch = 0.57 miles 0.4 0.0 1.6 Miles Garfield County Garfield County Colorado www.garfield-county.com Colorado ■ Disclaimer This Is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only f or reference purposes and the County is not responsible for any inaccuracies he rel n contained. 0 Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 5/12/2017 a 10:37:52 AM •x76802 B-937 P-599 04/18/95 11;41A PG 1 OF 2 `1ILDRED ALSDGRF GARFIELD COUNTV CLERK AND RECORDER REC 10.00 DOC 5.05 NOT 217 THIS DEED , Mede this day of April 17, 1995 between EDWARD J. TASTER and DONNA E. TASLER of the County of GARFIEt.D Colorado, of the first part, and JULIE DUNN and CHRISTOPHER DUNN whose legal address is E'• and State of P/ /Sq 7�1, silt, CO 81652 of the County of GARFIFID gland State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of (****$58,500.00) FILING STAMP FIFTY EiGHT THOUSAND FIVE HUNDRED DOLLARS AND 00/100THS and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenanc all the following described lot or parcel of land, lying and being in the County of GARIIEL7) and State of Colorado, to wit; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: INCLUDING WITHOUT WARRANTY ANY AND ALL WATER ANL) WAXER RIGHTS, INCLUDING BUT NOT LIMITED TO ANY SILT PROJECT WATER 11PPURTF 41iN'P 'IO SAID PRDPERPY. also known as street number VACANT LAND TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with tha appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in Law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free end clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever• EXGF:'F r GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1995 AND SUBSEQUENT YEARS AND SUBJ ZT '10 EaSENfkNI`S, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises them, their assigns and the heirs or to claim the whole or any part singular number shall include the genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. in the quiet and peaceable possession of said parties of the second part, the survivor of and assigns of such survivor, against all and every person or persons lawfully claiming thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The plural, the plural the singular, and the use of any gender shall be applicable to all Signed, Sealed and Delivered in the Presence of STATE OF COLOPADD County of GARFIELD. ss. UO E1. —TASLER The foregoing instrument was acknowledged before me this day of April 17, 1995 by EDWARD J. TASLER and DONNA E. TASLER :14,70:14;liesicowiresDeceartber 23, 1996 ilftness my hand•ard'.official seal. • Form WDJT WARRANTY DEED - To Joint Tenants GW3432.3432 GW3432 lir MASON & MORSE REAL ESTATE 0304 HWY 133 CARBONDALE, CO 81623 (SEAL) (SEAL) (SEAL) 476802 B-037 P-600 Ot/1Ri0` 11:41A PG 2 OF EXHIBIT A A PARCEL OF LAND SITUATE IN THE NE1/4NE1/4SW1/4 AND THE NW1/4NW1/4SE1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 216 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ELEG. I_NN.ING_ AT THE_ CORNER. COMMON 'LQ gFCTLQN. 5_,_ 6_, 7 AND a OF SAID TOWNSHIP AND RANGE; THENCE N. 45 DEGREES 51' 37" E. 2850.73 FEET; THENCE ALONG AN EXISTING FENCE N. 42 DEGREES 38' 00" E. 260.00 FEET TO THE TRUE POINT OF BEGINNING, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N. 00 DEGREES 43' 00" W. ON THE WEST LINE OF SAID SECTION 5; THENCE CONTINUING ALONG SAID EXISTING FENCE N. 42 DEGREES 38' 00" E. 285.00 FEET; THENCE N. 88 DEGREES 34' 14" E. 457.66 FEET; THENCE S. 34 DEGREES 20' 17" W. 265.01 FEET; THENCE S. 89 DEGREES 44' 24" W. 501.07 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO --_ ill6k43 S, 20) 7 7 D P,,,,. - -» - j. a. i5 k 1,--e-A---- 4 C A L1 Pw1 . j b 4 l/-11, Q Y II UVr ett Utti_ .,,, tib Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217905300010 217905300011 217905300012 217905301001 217905301002 217905302022 217905302023 217905302024 217905400614 113 FOX RUN RD SILT 79 FOX RUN RD SILT 27 FOX RUN RD RIFLE 141 FOX RUN RD RIFLE 167 FOX RUN RD RIFLE 305 S MEADOW DR RIFLE Not available SILT Not available SILT 600 216 COUNTY RD RIFLE GAMBA, JEROME F & KATHRYN L R200320 DUNN, JULIE & CHRISTOPHER WALKER, PHYLLIS E JENSEN, JAMES COX, LYLE B OTERO, JUPITER & ROSA SAKYS, SUSAN & GVIDAS MERRELL, DOUGLAS J & DARSHAN D DAHMER, STEPHEN D & LISA R PO BOX 3232 GLENWOOD SPRINGS, CO 81602- 3232 R200321 544 COUNTY ROAD 216 RIFLE, CO 81650-9103 R200322 0027 FOX RUN ROAD RIFLE, CO 81650 R200259 141 FOX RUN ROAD RIFLE, CO 81650-9100 R200260 167 FOX RUN ROAD RIFLE, CO 81650 R041247 1229 STANDING DEER DRIVE SILT, CO 81652 R041248 R041249 R200810 3450 ENDURO DRIVE LAKE HAVASU CITY, AZ 86404 925 SHAMAN TRAIL MEEKER, CO 81641 600 COUNTY ROAD 216 RIFLE, CO 81650 C1\ Gay fieId County Garfield County Land Explorer Garfield County, Colorado Sun M endo** Estate:; Garfield County Land Explorer Printed by Web User 1 inch = 752 feet 1 inch = 0.14 miles 0 0.1 0.2 w OA Miles Garfield County Garfield County Colorado www.garfield-county.com Colorado Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting thearea shown. Thlsdrawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein conlained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 5/12/2017 at 12:00:26 PM