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HomeMy WebLinkAbout1.0 Application, Staff Report & CorrespondenceSDA-*Iligt i0 3/-4i �Ibs Ky- 40,,,v,0r7pie/xp CIALAJ2L eekAAyy) 7/29atia,-Tt 6- SiA-1)- e---AAArA ilk 1 I1 t! / f, ftt4.1-cei, 1-. �i,ytcLw g?O'S , o2 JVD p 66/'0 c:20� �1lsc.P 142. S,(.0 2 / LuL Chi Lk/IL 444 a S/J--),,e„ 66-)2_ „alyz 2 "14,„ zit _ irN. o Pam rAt 2e7,_ kic ( 6 it -6( „6„9° - Wit a AGENDA GARFIELD COUNTY BOARD OF ADJUSTMENT Meeting of October 31, 1991 Suite 302, Garfield County Courthouse 3:30 P.M. 1) Call meeting to order 2) Roll Call 3) Variance from Sections 3.02.06 - Minimum Setback A/R/RD Zone District Applicant: Gary Heisel/David Geddes 4) Adjournment REQUEST: BOA 10/31/91 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.02.06 - Minimum Setback A/R/RD Zone District APPLICANT: Gary Heisel/David Geddes LOCATION: Lot 1, Block 7, Sunlight View Subdivision, Second Amended Plat; located at the north end of Sunlight View Subdivision on C.R. 117 approximately two (2) miles south of Glenwood Springs. SITE DATA: The lot is 1.42 acres in size. WATER/SEWER: Community water. Community or individual sewer. ACCESS. Driveway onto C.R. 117. EXISTING AND ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE_COMPREHENSIVE PLAN The subject property is located in District B - Rural Subdivision with Central Water/Sewer as designated on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description. The subject property is located at the north end of the Sunlight View Subdivision just south of the sewage treatment plant. The lot slopes downward from the County road to an unnamed creek towards the eastside of the lot. Slopes range from upwards of 40% to less than 20% at the north end of the lot. The lot is vegetated with sage and scrub oak. The lot is traversed by a high voltage power line at the south end and an overhead line extending to the sewage treatment plant. There are currently no improvements on the property. B. Request: The applicant is requesting a variance from the fifty (50) foot front yard setback to allow a twenty-five (25) foot setback. The purpose of this request is to allow the applicant sufficient developable area to construct a single family residence on the lot. III. MAJOR ISSUES AND CONCERNS 1. Section 3.02.06 (1) Minimum Setbacks Front Yards requires a 50 foot setback from the front lot line or 75 feet from the street centerline for an arterial street. An arterial street is defined as a "street primarily used for through traffic." 2. The subject lot is elongated and relatively narrow (see enclosed maps on pages LA 4 S ) The applicant's map depicts the building envelope assuming a 50 foot front setback. Based on this setback, the building envelope ranges from 12 feet to approximately 45 feet in width. The applicant's proposed residence could be located in a limited portion of the building envelope due to the width of the proposed home and the narrowness of the building envelope. 3. The lot is encumbered by a number of topographic and physical limitation. The southern half of the building envelope is steeply sloped (40%) with large basaltic rock outcroppings. Much of the rest of building envelope has slopes of 20% to 30%. Towards the rear of the lot is a stream at the base of the slope. The existing building envelope is further encumbered by a 100 foot wide power line easement at the south end of the lot and a 10 foot wide easement at the north end of the lot. 4. The applicant's request is based on a 50 foot front yard setback requirement. The regulation requires 50 feet from the property line or 75 feet setback from the street centerline. Along a portion of the lot, the road is located at the eastern edge of the right of way adjacent to the applicant's lot. This would further serve to shrink the building envelope even smaller than that depicted by the applicant. 5. Sunlight View subdivision is served by a community sewer system. However, because a stream lays between the applicant's building site and the sewer main, it appears phisically and economically unfeasible for the applicant to tie into the community system. The only portion of the lot suitable for an onsite disposal system is located just north of the proposed building site. The remainder of the site is too steep and/or rock strewn. 6. 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. 7. This request is necessitated by the unusual shape, size and physical limitations of the subject property. The hardships are not caused by the applicant and cannot be practically corrected. • J IV. SUGGESTED 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. REMMISIENDATIQN APPROVAL, subject to the following conditions: 1. All required Building and I.S.D.S. permits shall be obtained. op 3 op 2 44 J • °‘L • ' 2 O ..1 . 3 J i •• . 1}, a 0•- ' • , f - t a r... — '. .; ..) I- I.- g i • ' ..-; t ; ,} Q. • 1 t 0 t til kt; ii in 1 ,-..., 1 , ,.... !.1, ai to A to 1.. LA $ i., 1 ti t b I. 15 0 V 4 $ 4 tu 1^. C., 1, , ,•.1 ;II ; • ; - ) , 1 `1 t -2 v; I. ILI ul -.? 4 ' 7, 4 ..) a .1 I: .1 .7., 4 v; (... ,J t ti t: hi 1- (T• .z,c�ipt'c5 O oi� 4400 •': •: �, 0 0 N T 1 0 4 3 7 r 0 I ,� Q r/ . W00 zKr 0 / s 011 11 11) / I, / ��y_,"A97 .-1 - M tl) N p co r0o.r" r 0 ;I 2 .o •J W . 2 l ' a' z o vo co 0 raa+rJrr.f►w...,r. u K*w.r.M.+r...+•. 811111111111.1.11111.11.111.1. GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL May 21, 1992 Stewart Title of Glenwood Springs, Inc. 801 Colorado Avenue Glenwood Springs, CO 81601 RE: David Geddes Variance - Lot 1, Block 7, Sunlight View Subdivision - Second Amended Plat Attn. Toni: At their meeting on October 31, 1991, the Garfield County Zoning Board of Adjustment approved a variance from the fifty foot (50') front yard setback to allow a twenty-five foot (25') setback for Lot 1, Block 7, Sunlight View Subdivision, Second Amended Plat. The permit was granted subject to one (1) condition, namely obtaining all required building and sanitation permits. This condition has been satisfied. I trust this letter will be sufficient verification of the Board's action. Call me if you have any questions. Sincerely, Andrew C. McGregor Planner ACM/rlb 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 -o ani • Complete items 1 and/or 2 for additional services. • Complete items 3, and 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 mailpiece, or on the back if space does not permit. • Write "Return Receipt the article number. 3. Article Addressed to: ?CBE � �o�NSo �.- �4 EUL t� . c-}- iq 0/41-ia, 6. Sigt (sseel 6. Signature (Agent) 4a. Art I also wish to receive e following services (for an fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. cle Number e ° 5 ? 51.5- 4b. Service Type �❑,, Registered t�lCfertified ❑ COD 0 Express Mail 0 Insured ❑ Return Receipt for Merchandise ate of Delivery PS Form 3811, October 1990 *u.e.OPO: 1 ee's Address (Only if requested is paid) MESTIC RETURN REI" SENDER: • Complete items 1 and/or 2 for additional servti • Complete items 3, and 4a & b. • Print your name and address on 4If40verse of this form so •that we can return this card toyq. " • ; Attach this form to the front of 4110 mailpiece, or on the fleck If space does not perm'f1: . - .,1 i Write "Return' Receipt tequti ed"Mie mai}piece next to the artiqle number. - , 3. Article Addressed to: ELI2I1 }P ' )41)c CIELLO }Rus -h2 a of�-�- 3'ia r1 A C H-0 c)c Pi4RAS _ Ghee Di4t,Ly } is - „if I also wish to receive the following services (for an ex re fee): 1. 0 Addressee's Addre 2. d Restricted Delivery Coneult'postmester for fee. 4a. Arti0 a Num 4b. Service Type O Registered t1Certified O Express Mail O Insured O COD [D Return Receipt for Merchandise 5. nature (Addressee) N 6. Sign i ire (Agent) PS Form 3811, October 1990 7. Date of Delivery 8. Addressee's Address (Only if requested end fee is paid) *U.$. GPO: 1990-273481 DOMESTIC RETURN RE•T SENDER: • lete items 1 and/or 2 for additional services. • lete items 3, and 4a & b. • 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 mailpiece, or on the back If space does not permit. • Write "Return Receipt Requested" on the rnailpiece next to the article number. I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: LIAEDEi S oD 5 W4? 2D CLEC woo St°GS, Co. 6. Signe urp,(Aressee) 4a. Art, Nimb, rq, .S`i 2-S 11/ 4b. Service Type 0 Registered `trCertified Express Mall O insured 0 COD ❑ Return Receipt for Merchandise 6. Signature(Agent) 7. Date of Deliver 8. Addres And fe j 7991 0' PS 3811, October 1990 *U.S. GPO: 1990-273461 DO RECEIPT SENDER: • ptete items 1 and/or 2 for additional services. • late items 3, and 4a & b. • 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 mallplece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to the article number. I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: ptip,) 5k_tmArt Sas I41LAN - PAR..< z. a1 �N woo'[D 5-1715. ca 4a. Arttcle Number 1r 4b. Service Type 0 Registered 0 Insured Certified El COD Express Mail ❑ Return Receipt for Merchandise 7. Date of Delivery ignature IAddr: ee) and fee is paid) 8. Addressee's Address (Only if requested eturp (A t) , October 1990 *u.s. GPO: 1a90-273-861 DOMESTIC RETURN RECEIPT SENDER: • Complete items 1 and/or 2 for additional services. • plate items 3, and 48 & b. • your name and address on the reverse of this form so th can return this card to you. • Attach this form to the front of the maitpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the jnailpiece next to the article number. I also wish to receive the following services (for an extra fee): 1. D Addressee's Address 2. D Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: 4a. Article u Nmb r im J L N Lu" 4b. Service Type / ❑ Registered ❑ Insured `iii -Certified ❑ COD G (. CN (.000 vsf S sC( d Express Mail 31pat4 11-7 _fl 5. Si, a re (Addresse ❑ Return Receipt for Merchandise 7. Date °Orvgty3 1991 B. Addressee's Address (Only if requested and fee is paid) 6..Sign .'ure (' gent) PS* 3811. October 1990 *U.S. GPo:1o®o-2s.aet DOMESTIC RETURN RECEIPT SENDER: • Complete items 1 and/or 2 for additional services. • iplete items 3, and 4a & b. your name and address on the reverse of this form so thcan return this card to you. • Attach this form to the front of the mailpiece, or on the beck if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to the article number. 3. Article Addressed to: 4a. Art cle Number I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. "1/RN A. -I- Leeikny, AR Bnw :Y e ? g SY�.S�/ L ` r , � � D . 4b. gt Type tri� 1cbC14 ❑Reglsistered ❑Insured 1 Certified 0 COD 0 Express Mall ❑ Return Receipt for Merchandise i too) 7. Date ofiler 3 191 aMN Woo T) S'19GS Qo 5. Si ture (Addressee) 6. ignature (Agent) 8. Addressee's Address (Only if requested and fee is paid) PS• 3811, October 1990 *u,s, aPo, 1990-2734881 DOMESTIC RETURN RECEIPT SENDER: • Complete items 1 and/or 2 for additional services. • plate items 3, and 4a & b. • your name and address on the reverse of this form so th e can return this card to you. • Attach this form to the front of the meilpiece, or on the back if space does not.permit. • Write "Return Receipt Requested" on the mailplece next to the article number. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. 0 Restricted Delivery Consultpostmaster for fee. 3. Article Addressed to: 4(EV)n1 E - 111 YO»X11 II I� L �i 339 11? ?D ,LL N Wool SAGS CO 5s) Loaf 4a. Article Number Ct?C‘ Sq-elS/) 4b. Service Type 0 Registered t...ertified Express Mail ❑ insured ❑ COD ❑ Return Receipt for Merchandise 7. Dat So So 6. Si a (Addressee) 6. Sigr6ture (Agent) es fee ►k'" d) d�@ s (Only if requester 3811, October 1990 *U.S. GPO: 1590-273.981 RETURN RECEIPT SENDER: iiir • ptete items 1 and/or 2 for addition& services. • late items 3, and 4a & b. • your name end address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to the article number. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: lam ►Lrn -6ok tUWD GL 6'Nwoo r-3 SSS Co 0602 4a. Art?lactam (0 5 4b. Service Type ❑ Registered 1:1Insured Certified ❑ COD 0 Express Mail 0 Return Receipt for Merchandise 7. Date fiver 6. Signature (Addressee) PS' B. Addressee's Address (Only if requested and fee is paid) *U.8. GPO: 199G -27346i DOMESTIC RETURN RECEIPT GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL November 27, 1991 Gary L-leisel 0187 Fairway Lane Glenwood Springs, CO 81601 R E: Variance Request - David Geddes Dear Gary: On October 31, 1991, the Garfield County Board of Adjustment approved a variance from the fifty (50) foot setback. This variance was granted subject to one (1) condition, namely obtaining all required building and sanitation permits. 11' you have any questions regarding this application, do not hesitate to call. Sincerely, .!i �, r t••(c t 4 Andrew C. McGregor Planner AC:M/rlb 'cc: David Geddes 109 RTI -I STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 044/1 AtireAl Ext Fib..._ 61 ,1-1; VOA, Linn, _ P __._� E.e.moo _. 1.! iecia... 2.0 i • U.S. POSTAL SERVICE GLEN WOOD, CO. MIT FIN 073708 ZIP CODE 81601 COL..EEN # 13 10-21-91 09:48:15 VERSION 13.00 CUSTOMER RECEIPT 110 METER 9.95 11 0 METER 18.32 TOTAL 28.27 CHECK #002 28.27 A, CHANGE .00 iD THANK YOU P 878 542 512 IFCertified Mail Receipt No Insurance Coverage Provided Do not use for International Mail UNTLL pm (See Reverse) Sent to 12d -k b $ CiloADatit.is • •_ Street & No. •,a5 +4.1`i 19 P.O. State IS ZIP Code ,ter►. i 0 aa). Postage Special Delivery Fee .111101 tricted Delivery Fee Showing to Whom & b Date Delivered to - Rel . ' , l: 1 f' ' 1.# 0 ii t(Ffrvi-0 Z 0 P 878 542 513 Certified Mail Receipt No Insurance Coverage Provided ttttttttttttAPT- Do not use for International Mail agizm (See Reverse) Sent to Street & No. 33`x1 tt"{ P.O., Stated ZIP Code c.:4iSIRINt.),,il-rtrOck se ec, v t4-,) 17 Postage $ Certified Fee Special Delivery Fee tricted Delivery Fee I Return Receipt Showing Eto Whom & Date Delivered Return Rat j i ii. Ing to Whom, LID Date, q/4t4,' „ =rY Btm�rkOrDr.'.. i}"' rri I. ". V E F ' P 878 542 514 Certified MaiReceipt No Insurance Coverage Provided 411111Z; Do not use for International Mail (See Reverse) Sant to '...44-0-ti4L +3 0 n 1.q., PO,, Stated ZIP Code O Qi % / (O Postage $Certified Fee Special Delivery Fee istrlcted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return R. • - i,.. ingtoWhom, 2 Data % • rat *.• . ' : ry m, \$12----11 copo '.:: it § id ,) ' 0 u. tQ i '''Y �c"`)--•!G, E co -,, ,,,,-rfr ci.y P 878 542 515 Certified Mail Receipt No Insurance Coverage Provided Do not use for international Mail ,µ (See Reverse) Sentlo "SJR&I0.' Street & No I'621 P.O., State 8 ZIP Code (/v� a ^'j 494) Postage $ Certified Fee Special Delivery Fee •tricted Delivery Fee Return Receipt Showing Eto Whom & Date Delivered r' Ret 41 10 Whom, to Oq dress ,yry giAI Posta $ '7-- 7-7 h7. fast s,$)to J;��r n L 'P 878 542 516 1pCertified Mail Receipt No Insurance Coverage Provided Do not use for International Mail I (See Reverse) Sent to /� n� lie )111% �- j A,n^ {t11 ` - Street S No.g 1:7 POO.,Stat 8: ZIP Cod /� Sp Co Tiber Postage Certified Fee Special Delivery Fee Districted Delivery Fee Return Receipt Showing 10 Whom & Date Delivered Return R "• • Date, dre •T+�live o Whom, 2. TOW._ a� N.I. �� $� �i 1i Poilrn4fit. AtrAi „�V P 878 542 511 IrCertified Mail Receipt No Insurance Coverage Provided Do not use for International Mail wrrnsi..r5 (Sea Reverse) rosvu seance ca'11D-5-A-Lti-0-r)ck Sent t0 Street 8 No, l09 D P.O., Stat 8 ZIP Code ST Co R jA Postage Certified Fee Special Delivery Fee •rIctodDelivery Fee r ruDate, c '3 O Return Receipt Showing to Whore & Dale Delivered Return Receipt Sh m, 8 Addres TOTAL Post • ,a X 6 FeesII PS Form 380 yy Postmark r Dae /, r, �ti �i:• 'CO P 878 542 509 IV Certified Mail Receipt No Insurance Coverage Provided ttlllllllllllll_w Do not use for International Mail oar,. MAT -(See Reverse) 1 II r.!ra. 41116-1-.1•2.1—....a• Street & No. ' ill (PC) PC-, .tate & ZIP Code .tom, (. .. • 1 ,r Co . /i'& Postage Certified Fee Special Delivery Fee stricted Delivery Fee IIIIIIIII Return R: ip r a� _ Date, d ; *� . i TOTA Rpslag(�SJ, -. 1EOM co co Postm HOF Date), i�.1 P 878 542 510 certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail /DR41CL (See Reverse) St�L Sent to01.12-044 `) S Street & No 5 E.+ -y.6,1 Pc . -h , Pa, late & ZIP Codial r...._ SiA C° Sii261 Postage Certified Fee Special Delivery Fee •slricted Delivery Fee Eto '" 3 —, O Return Receipt Showing Wtrom & Date Dehvered Ret Viteelif 'ng to whom, 941e, ii. ery Hyl TOTAL ge 4. Fete, 1 n 174 ;? 05 o`tmark INN . J Ll. '' ,9 U GJ' 1 off g$ M z co >s� t if t� 1111 011 i i X rigaflop !phi1011111 11 g114114!PiiiPkil Is pa31 1- a W 8 11 0 i— J Lb 3 #080369 #080741 #080238 #080194 #080145 • LIST OF PROPERTY OWNERS WITHIN 200' OF LOT 1 BLOCK 7 SUNLIGHT VIEW William Zilm Box 1090 Glenwood Springs, CO 81602 Charles J. & Charlotte L. Lueders 0025 149 Road Glenwood Springs, CO 81601 Kevin F. & Marian R. Leonard 3397 117 Road Glenwood Springs, CO 81601 Elizabeth H. McClellan Trustee of the McClellan Family Trust 1390 Placita De Parasol Green Valley, AZ 85614 #080012 Robert F. & Eula M. Johnson 1821 E. Princeton Ontario, CA 91764 #080011 Vern A. & LeeAnn T. Arbaney 0028 Chelyn Road Glenwood Springs, CO 81601 #080016 Alan E. & Virginia L. Saliman 525 Hyland Park Drive Glenwood Springs, CO 81601 #080174 Marilyn Landrum 3624 117 Road Glenwood Springs, CO 81601 ze.), OCT 81199i EU) co u iv Y • )n 21.-e;Lre-e-e) ae:(?'`Z � Q"/(J,fe-L 1/7 ;J Ae-a cite (131" //•7 e,,e) v ,iaed 2,0 94) dit //7 >isLO _iebdo adfr&6&,,e Yt4 <�1 .1'.ee. ��c fo-to-�e,�✓ &-4174gr-ri,Zeao i AGENDA GARFIELD COUNTY BOARD OF ADJUSTMENT Meeting of October 31, 1991 Suite 302, Garfield County Courthouse 3:30 P.M. 1) Call meeting to order 2) Roll Call 3) Variance from Sections 3.02.06 - Minimum Setback A/R/RD Zone District Applicant: Gary Heisel/David Geddes 4) Adjournment REQUEST: APPLICANT: LOCATION: BOA 10/31/91 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.02.06 - Minimum Setback A/R/RD Zone District Gary Heisel/David Geddes Lot 1, Block 7, Sunlight View Subdivision, Second Amended Plat; located at the north end of Sunlight View Subdivision on C.R. 117 approximately two (2) miles south of Glenwood Springs. SITE DATA: The lot is 1.42 acres in size. WATER(,Sl1W: Community water. Community or individual sewer. ACCESS: Driveway onto C.R. 117. LXIS' INN AND ADJACENT ZONIN(J: A/R/RD 1. RELAIIDNSHIP TO THE COMPREl-I NSIVE PLAN The subject property is located in District 11 - Rural Subdivision with Central Water/Sewer as designated on the Garfield County Comprehensive Plan Management Districts Map. 11. DESCRIPTION OF THE PROPOSAL A. ,Site Description: The subject property is located at the north end of the Sunlight View Subdivision just south of the sewage treatment plant. The lot slopes downward from the County road to an unnamed creek towards the eastside of the lot. Slopes range from upwards of 40% to less than 20% at the north end of the lot. The lot is vegetated with sage and scrub oak. The lot is traversed by a high voltage power line at the south end and an overhead line extending to the sewage treatment plant. There are currently no improvements on the property. B. Rwest: The applicant is requesting a variance from the fifty (50) foot front yard setback to allow a twenty -live (25) foot setback. The purpose of this request is to allow the applicant sufficient developable area to construct a single fancily residence on the lot. MP •r I11. MAJOR ISSUES AND CONCERNS 1. Section 3.02.06 (1) Minimum Setbacks Front Yards requires a 50 foot setback from the front lot line or 75 feet from the street centerline for an arterial street. An arterial street is defined as a "street primarily used for through traffic." 2. The subject lot is elongated and relatively narrow (see enclosed maps on pages Li 4 ) The applicant's map depicts the building envelope assuming a 50 foot front setback. Based on this setback, the building envelope ranges from 12 feet to approximately 45 feet in width. The applicant's proposed residence could be located in a limited portion of the building envelope due to the width of the proposed home and the narrowness of the building envelope. 3. The lot is encumbered by a number of topographic and physical limitation. The southern halfofthe building envelope is steeply sloped (40%) with large basaltic rock outcroppings. Much of the rest of building envelope has slopes of 20% to 30%. Towards the rear of the lot is a stream at the base of the slope. The existing building envelope is further encumbered by a 100 foot wide power line easement at the south end of the lot and a 10 foot wide easement at the north end of the lot. 4. The applicant's request is based on a 50 foot front yard setback requirement. The regulation requires 50 feet from the property line or 75 feet setback from the street centerline. Along a portion of the lot, the road is located at the eastern edge of the right of way adjacent to the applicant's lot. This would further serve to shrink the building envelope even smaller than that depicted by the applicant. 5. Sunlight View subdivision is served by a community sewer system. However, because a stream lays between the applicant's building site and the sewer main, it appears phisically and economically unfeasible for the applicant to tie into the community system. The only portion of the lot suitable for an onsite disposal system is located just north of the proposed building site. The remainder of the site is too steep and/or rock strewn. 6. 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. 7. This request is necessitated by the unusual shape, size and physical limitations of the subject property. The hardships are not caused by the applicant and cannot be practically corrected. J 1 V. SUGGESTED ELN DINGS 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. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All required Building and I.S.D.S. permits shall be obtained. • la • I 1/41 • - .• 1 , • . 2 o, VI IA o ..I. 1•• vt ....5 .... • .:) 1. a t la ••• J.. I- 1- . i • , t- -.. ...... A' ' c :e :I ,t a ' ...1 " .1 . S ItI- i 5 L ii w ut : 4 1 t 0 1 cf. 1- tti Ul I t! il L 3. 3 CI • I il CI d, PI na L, 11 a . -.1. S ulin 1 i, 1 m $ 4 ..• '2 ti '1,' li tt li i 1 tt ' II Zo $ • 1 • .5 7- C. to ia .1 9 a tb co , 3 ii. lb t. il 1.. ...:. 1 4- v. i.‘ .? I i ti• 14) ▪ ri tp 14 Iti It: k6 • t4 t ..1... • i i • t It 0 ; 4- rnr 6 0 0 4 d a 0 ra 0 8 0 1- v '1 ...1"1 T in C! , {0 1 in ; 4 0) / 1 O �. z� r O d? 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(f) -S 'kJ4 MMr.,r,.rMM 4,400+101i..- a, rwr AGENDA GARFIELD COUNTY BOARD OF ADJUSTMENT Meeting of October 31, 1991 Suite 302, Garfield County Courthouse 3:30 P.M. 1) Call meeting to order 2) Roll Call 3) Variance from Sections 3.02.06 - Minimum Setback A/R/RD Zone District Applicant: Gary Heisel/David Geddes 4) Adjournment REOUEST• APPLICANT: LOCATION: 130A 10/31/91 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.02.06 - Minimum Setback A/RJRD Zone District Gary Heisel/David Geddes Lot 1, Block 7, Sunlight View Subdivision, Second Amended Plat; located at the north end of Sunlight View Subdivision on C.R. 117 approximately two (2) miles south of Glenwood Springs. S1'I'E DATA: The lot is 1.42 acres in size. 1'S ATER/S,EW_ _ER: Community water. Community or individual sewer. ACCESS: : Driveway onto C.R. 117. JiXISTING AND ADJACENT.7,S KING: A/R/RD 1 RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District 13 - Rural Subdivision with Central Water/Sewer as designated on the Garfield County Comprehensive Plan Management Districts Map. 1 I. DESCRIPTION OF THE PRDPQ_SAL, A. Site Description: The subject property is located at the north end of the Sunlight View Subdivision just south of the sewage treatment plant. The lot slopes downward from the County road to an unnamed creek towards the eastside of the lot. Slopes range from upwards of 40% to less than 20% at the north end of the lot. The lot is vegetated with sage and scrub oak. The lot is traversed by a high voltage power line at the south end and an overhead line extending to the sewage treatment plant. There are currently no improvements on the property. B. Request: The applicant is requesting a variance from the fifty (50) foot front yard setback to allow a twenty-five (25) foot setback. The purpose of this request is to allow the applicant sufficient developable area to construct a single family residence on the lot. 111. MAJOR ISSUESAND CONCERNS 1. Section 3.02.06 (1) Minimum Setbacks Front Yards requires a 50 foot setback from the front lot line or 75 feet from the street centerline for an arterial street. An arterial street is defined as a "street primarily used for through traffic." 2. The subject lot is elongated and relatively narrow (see enclosed maps on pages Li 4 S ). The applicant's map depicts the building envelope assuming a 50 foot front setback. Based on this setback, the building envelope ranges from 12 feet to approximately 45 feet in width. The applicant's proposed residence could be located in a limited portion of the building envelope due to the width of the proposed home and the narrowness of the building envelope. 3. The lot is encumbered by a number of topographic and physical limitation. The southern halfofthe building envelope is steeply sloped (40%) with large basaltic rock outcroppings. Much of the rest of building envelope has slopes of 20% to 30%. Towards the rear of the lot is a stream at the base of the slope. The existing building envelope is further encumbered by a 100 foot wide power line easement at the south end of the lot and a 10 foot wide easement at the north end of the lot. 4. The applicant's request is based on a 50 foot front yard setback requirement. The regulation requires 50 feet from the property line or 75 feet setback from the street centerline. Along a portion of the lot, the road is located at the eastern edge of the right of way adjacent to the applicant's lot. This would further serve to shrink the building envelope even smaller than that depicted by the applicant. 5. Sunlight View subdivision is served by a community sewer system. However, because a stream lays between the applicant's building site and the sewer main, it appears phisically and economically unfeasible for the applicant to tie into the community system. The only portion of the lot suitable for an onsite disposal system is located just north of the proposed building site. The remainder of the site is too steep and/or rock strewn. 6. 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. 7. This request is necessitated by the unusual shape, size and physical limitations of the subject property. The hardships are not caused by the applicant and cannot be practically corrected. 1V. SUGGBSTF,D 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, niatters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMF,N DATION APPROVAL, subject to the following conditions: 1. All required Building and I.S.D.S. permits shall be obtained. • • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL October 11, 1991 Gary Heisel 0187 Fairway Lane Glenwood Springs, CO 81601 RE: Variance Request for David Geddes Dear Gary: Your application for a Variance to allow a reduction in the minimum front yard setback area has been scheduled for a public hearing before the Zoning Board of Adjustment on October 31, 1991, at 3:30 p.m., in Suite 302, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO. Itis suggested that you and your client be in attendance. A copy of the enclosed public notice form should be submitted to the Valley Journal or other paper of general circulation for publication one time, at least 15 days prior to the hearing. You should contact the Valley Journal or other 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. We recommend mailing the notice as soon as possible. The proof of publication from the Valley Journal or other paper, certificates of mailing and return -receipts from the mailings must be submitted by the applicant, at or prior to, the public hearing. Please contact this office, if you have further questions regarding your application or public hearing. Sincerely, -% Andrew C. McGregor Planner ACM/rib Enclosures 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 4" PUBLIC NOTICE TAKE NOTICE that Gary Heisel and David Geddes have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 1, Block 7, Sunlight View Subdivision, Second Amended Plat. Practical Description: Located at the north end of Sunlight View Subdivision on C.R. 117 approximately two (2) miles south of Glenwood Springs. Said Variance application is to allow a reduction in the required 50' minimum front yard setback areas in the A/R/RD zone district. 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 31st day of October, 1991, at the hour of 3:30 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 302, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County • • MEMORANDUM TO: Board of Adjustment FROM: Andrew McGregor, Planner DATE: October 11, 1991 RE: October 31, 1991 Meeting Just a reminder that the Board of Adjustment meeting is scheduled for Thursday, October 31, 1991, at 3:30 p.m., in Room 302. In order to assure that we will have a quorum, we would appreciate your calling our office to confirm your attendance at this meeting. Thank You! ACM/rlb • • VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution GiAj ' fiet5c... �Cnx}To4c7aqe.) (applicant/owners name) request(s) a variance to Section - CD - C� of the Garfield County Zoning Resolution concerning F Abui- V A e D 3 y r3(c, to permit in the R 12 gr) zone district. SUBMITTAL REQUIREMENTS: 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 Ownership. .�D. Practical description of site - including address. ,-E. Names and addresses of property owners adjacent to or 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. 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 or condition of such piece of property, the strict application 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): That 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): That such relief may be granted without substantial detriment to the public goochnd without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): That the circumstances found to constitute a hardship were not caused by the apple ant, are not due to or the result of general conditions in the district, and cannot be practically corrected; K. AA3t fee must be submitted with the application. It510.0c PROCEDURAL REQUIREMENTS: 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 Thursday 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) The above and attached information is correct and accurate to the best of my knowledge. (signatu s of applicant and owner) APPLICANT: ,a PHONE q MAILING ADDRESS: ?-"1 F 7 1- u , ,r,o Cu -6) g, of OWNER: 400-+ t0ao PHONE C$7 (W cam) (if different from above) MAILING ADDRESS: #080369 #080741 • • LIST OF PROPERTY OWNERS WITHIN 200' OF LOT 1 BLOCK 7 SUNLIGHT VIEW William Zilm Box 1090 Glenwood Springs, CO 81602 #080238 Charles J. & Charlotte L. Lueders 0025 149 Road Glenwood Springs, CO 81601 #080194 Kevin F. & Marian R. Leonard 3397 117 Road Glenwood Springs, CO 81601 #080145 Elizabeth H. McClellan Trustee of the McClellan Family Trust 1390 Placita De Parasol Green Valley, AZ 85614 #080012 Robert F. & Eula M. Johnson 1821 E. Princeton Ontario, CA 91764 #080011 Vern A. & LeeAnn T. Arbaney 0028 Chelyn Road Glenwood Springs, CO 81601 #080016 Alan E. & Virginia L. Saliman 525 Hyland Park Drive Glenwood Springs, CO 81601 #080174 Marilyn Landrum 3624 117 Road Glenwood Springs, CO 81601 Reception No. Recorded at Recoil del . •ock WARRANTY DEED THIS DEED, Made this 30TH day of SEPTEMBER , 1991 , between FRANZISKA A. CLEM AND WILLIA'ti R. CLEM of the said County of EAGLE and State of COLORADO , grantor, and DAVID A. GEDDES AND LESLIE D. GEDDES whose legal address is P.O. BOX 386, SALEM, UT 84653 of the said County of and State of UTAH , grantees: TDOC reADP WITNESS, that the grantor, for and in consideration of the sum of GOOD AND VALUABLE CONS IDERATION AND TEN DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, Tying and being In the said Comity of GARFIELD and State of Colorado described as follows: LOT 1 BLOCK 7 SUNLIGHT VIEW SUBDIVISION ACCORDING TO THE SECOND AMENDED PLAT THEREOF RECORDED DECEMBER 1, 1980 AS RECEPTION NO. 309906. COUNTY OF GARFIELD STATE OF COLORADO as known by street and number as: 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 what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, ho is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature 'mover, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1991, not yet due or payable The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singuiar number shall include the plural, the plural the Angular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF, the grantor has executed this deed on the date set forth hove. M.0444 k. -Of Q. e.e,-,fAA, FRANSISA. CLEM WILLIAM R. CLEM State of COLORADO ) ) ss. County of GARFIELD ) The foregoing Instrument was acknowledged before me this 30TH day of SEPTEMBER ,19 91 4 by,. tRAI%IL. KA' A. CLEM AND WILLIAM R. CLEM My comlpidsionQxpirea '052393 . Witness my h4nd and official seal. t; `DU DOC°.,r?, .. C Or GO ncla. G3. I-Ja.0o5,5c.. Notary Public Revolt TIUt vt Glenwood Spttnts - File No. 01011225 No. 21A WARRANTY DEED (To point Te nts) VARIANCE REQUEST LOT 1 BLOCK 7 SUNLIGHT VIEW A variance is requested to change the front yard setback to 25' for Lot 1 Block 7 Sunlight View Subdivision. The present setback requirement is 50'. This variance is requested so a home can be built on the property in a feasible location. If the present building envelope is used, the only building location is a combination of a steep slope from front to back and a major outcropping of rock on the south portion of the lot. By reducing the front setback to 25', it is possible to build the home in a less severe slope area and a lesser rock formation location. The farther the lot goes to the north, the less severe the slope is, the outcropping of rock appears to become less prominent, and the more practical the lot becomes to build upon. Without the setback being reduced to 25', the buildable area of the lot is too narrow to accommodate the proposed building in an economically feasible way. The proposed location of the home would still be approximately 40' from the front of the home to the edge of the existing Four Mile Road, County Road 117. The closest homes are several hundred feet away from the proposed building site and there would be no negative view restrictions placed upon the existing homes by granting the request for a variance.