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Home My WebLink About1.0 Application, Staff Report & Correspondence111 1 GARFIELD COUNTY Building and Planning Department September 15, 1998 Robert & Ann Ramsey P.O. Box 430 New Castle, CO 81647 Dear Mr. & Mrs. Ramsey: This letter is to officially notify you that on Monday, August 24, 1998, the Garfield County Board of Adjustments denied your request for a variance from Section 2.02.27 dealing with the definition of a mobile home. If you have any questions please feel free to call or write this office. Sincerely, Cathi Edinger Administrative Assistant 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 imair • 0 • .b. lB til°l°l % "'Psz)\(oLxk- I\ - es -&t, g' 1x '' 4 6,%1i -iQ&Daq70m%_il,c,wds, '1%0.;ZAx!-! '21 • ta41as Ou.;,T.D.,cRatr,...,. • • BOA 7/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variances from Sections 2.02.27 dealing with the definition of a mobile home APPLICANT: Robert W. & Ann L. Ramsey I. DESCRIPTION OF THE PROPOSAL A. Request: The applicants are requesting a variance to the definition of a mobile home contained in Section 2.02.27 of the Zoning Resolution. The applicants have a mobile home on a piece of property on East Divide Creek, that was placed on the property without a building permit. They have modified the structure with a shell, deck and additional room. The applicants are requesting that the structure not be classified as a mobile home and that it be allowed to stay on site after it is permitted. The applicants claim a hardship due to their inability to obtain fmancing for a house, since the property is in an area that does not have utilities and lending institutions Ao not make conventional loans in areas without electricity. (See application pgs. ` L) III. MAJOR ISSUES AND CONCERNS A. 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: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 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; 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; 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. B. Staff Comments The applicants are requesting a variance to a definition, which if approved would essentially be changing the Zoning Resolution text. The Board of Adjustment does not have the authority to make such a change. If the applicants could demonstrate that the structure meets the 1994 Uniform Building Code requirements, it could be permitted. The proposal to have a structural engineer determine that the structure is safe for human habitation is not consistent with the building code requirements, unless the statement can be made that the structure can meet the 1994 UBC requirements. Then a variance would not be needed. The implied consent of a building official for a storage shed, is by no stretch of the imagination a reason or justification for illegally building a residential structure. The County is not under any obligation to publically disclose what lending institutions will or will not make loans on property. This is not a hardship created by the zoning resolution, but a self imposed hardship. 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. RECOMMENDATION DENIAL, of the proposed variance request. %;Lqi tl! VARIANCE APPLICATION I ._GARFIILD COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution ROBERT W. & ANN L. RAMSEY (applicant/owners name) , request(s) a variance to Section 2.0 2.3 7 of the Garfield County Zoning Resolution concerning the definition of "mobile home" to permit a structure's exclusion in the ARRD zone district. SUBM ITTAL_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 at 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 abapc 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, 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) .1. 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 good and 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 applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. PROCEDURAL REQUIREMENTS. 1. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m,. 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 9.04.04 (2)) The above and attached information is correct and ccurate t, the b . y knowledgee. APPLICANT: ROBERT W. MAILING ADDRESS: P . 0 (signatures of applicant/owner) v & ANN L. RAMSEY . BOX 430 NEW CASTLE, PHONE: (970) 379-5733 CO 81647 OWNER: ROBERT W. & MAILING ADDRESS: P.0 ANN L. RAMSEY . BOX 430 NEW CASTLE, PHONE: S 970) 379-5733 CO 81647 Page one of nine M LE. 1 • • SKETCH MAP - SUBMITTAL REQUIREMENT A N (1) COUNTY ROAD 313 (2) PRIVATE ROADS (3) EAST DIVIDE CREEK (4) BRIDGE (5) BARN AND CORRALS (6) WELL (7) 1000 GALLON CONCRETE SEPTIC TANK (8) 1000 GALLON CISTERN (9) TOOL SHED (10) DOG KENNEL (11) STRUCTURE SUBJECT OF APPLICATION FOR VARIANCE All setback distances are greater than those required in zoning resolution 3.02.06 (1) (2) & (3), which are the minimum setback distances for ARRD. PQ z W CK H (14 ICC zIX a E H 1—i E-4 wZ 1- 1 4 1 ,- 0 to 1 ¢ 1 Q .f s 1 W cc 4 w I z 4" IY — I � J o 1 I z 0 1.7Z W rc 1 1 1 N 1 u` 1 n s I N i 1 I r N r — — -I a m a Page three of nine O CK E— V: rr W r.1 CZ: 4F C F big o• wa W ri H)- A^c N 11 C- 41 .c 06/04/98 10:31: 2 PM SUBMITTAL REQUIREMENT D: The subject property is a 40 acre parcel located 7.3 miles up County Road 313 from that roads' junction with County Road 311. The address is 7300 County Road 313, New Castle, Colorado, 81647. It is bounded on the north and east by privately owned 40 acre parcels, on the south by a privately owned 50 acre +1- parcel, and on the west by public property (BLM). The subject building is over 1000 feet from the public roadway, and not clearly distinguishable from that roadway. The subject building is also nearly 200 feet higher in elevation than the public roadway. The subject property is wooded with tall mature pines along the public roadway. The most important feature relevant to this application is that the property is located 5 miles beyond the nearest public electrical utility. SUBMITTAL REQUIREMENT E: Steve Twamley 3548 County Road 226 Rifle, CO 81650 Mike Styke P.O. Box 2674 Glenwood Springs, CO 81602 David and Sue Faulkner Floors by Design 7800 Hwy. 82 Glenwood Springs, CO 81601 Jim and Sandra Irvine 420 East 4th Street Rifle, CO 81650 SUBMITTAL REQUIREMENT F: Water for the subject property is supplied by hauling from public water supply at Silt, Colorado, and from a domestic well on the property, into a 1300 gallon concrete cistern. Sewage is private system. Electricity is privately supplied by solar and generator backup. SUBMITTAL REQUIREMENT G: 1) The applicants are requesting a variance from Zoning Resolution 2.02.37, to exclude a structure they have built from the definition of a "mobile home." The existence of the structure is explained in submittal requirement H. The structure incorporates a 1950's vintage mobile home, that is no longer mobile, and no longer resembles a mobile home (one photo page included, additional photos are being made and will be submitted as a supplement when available). Page 6 of nine 06/04/98 10:3 X32 PM 2) If required by the Board as a condition to obtaining the variance, the applicants will agree to engage the services of a private State Certified Structural Engineer, at their own expense, to examine the structure and certify its safety and structural soundness for human habitation and compliance with County Requirements. The applicants agree to remedy any deficiencies thereof in a timely manner (the time allowed to be at the discretion of the Board) or withdraw this application (at the discretion of the applicants). SUBMITTAL REQUIREMENT H, I, and 3: The applicants purchased the subject property in June of 1989 for the express purpose of residing on it. They immediately submitted building plans. A building inspector, now retired, visited the site. The plans were approved. At about the same time, the applicants discovered that conventional lending institutions, upon which the applicants were reasonably relying for funding for their home, do not lend money to build on property beyond public electrical utilities. The applicants respectfully submit: 1) It is not common knowledge, not published information, and not required disclosure on contracts to buy and sell real estate that such funding is unavailable to the public. The applicants did not know, and could not reasonably be expected to know, that such funding was not available, and found that to be an "extraordinary and exceptional situation" (9.05.03). 2) That such funding is unavailable is a condition that is not a "general condition in the district" and it cannot be "practically corrected" (9.05.03 (3). 3) That the position they were in as a result of (1) and (2), above, was one of "extreme hardship" (9.05.03) insofar as the applicants had to have a place to live, and that is still the case. 4) The mobile home at issue was given to the applicants free of charge. 5) The applicants did not intend to make the mobile home a primary use, but have been unable to resolve the issue, and under the misunderstanding that the structure would be a right by use as a secondary dwelling when they did build their home, they made modifications to make it more livable with the intent of it someday being a guest cottage. 6) The applicants request consideration, not as justification, but as mitigation, that (a) the remoteness of the property in 1989, was such that numerous dwellings in the area were occupied without certificates of occupancy, and; (b) implied permission was given for overlooking a building code requirement regarding a tool shed under construction at the time of the visit by the county building inspector in 1989, and; (c) the applicants' point of view was understandably, although improperly, affected by (a) and (b), above. Page seven of nine 06/04/98 10:32 PM 7) That the quality and appearance of the structure does not do "substantial detriment to the public good" and does not substantially "impair the intent and purpose of the general plan or this (zoning) resolution" (9.05.03 (2), conditioned upon the additional fulfillment of submittal requirement G, part (2), above, and the required public hearing. 8) To allow a variance to exclude the subject building from the definition of a "mobile home," which by any reasonable assessment it no longer is (a straw bale home is not a haystack, a home made of used automobile tires is not a pile of tires), would be the "minimum necessary to alleviate the hardship" that would be imposed on the applicants by forcing them from their home (9.05.03. ( 1). The applicants recognize that they have violated the law, and are penitent. They request, however, that the Board not take a simplistic view of the cause of their condition (9.05.03 LI), and further consider that they voluntarily began the process to correct the situation. The balance in equity would seem to allow that the applicants should be given an opportunity to establish their home as a suitable structure as set forth in this application, rather than being made homeless, and that opportunity is what they respectfully request. NOTE: THE COMPLETE TEXT OF ZONING RESOLUTION 9.05.03 IS NOT PRINTED ON THE VARIANCE APPLICATION. THIS APPLICATION IS ADDRESSED TO THE COMPLETE TEXT AS PRINTED IN THE RESOLUTIONS. Page eight of nine • EXHIBIT A (RAMSEY) Page nine of nine • • NOM"! VIEW O.) 2 S*10k, j EAST VIEW SOUTH VIEW Z 382 471 800 {US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. an co Postmark or lJate Z, tn Do not use for International Mail (See reverse) Ito ttce, State, >f< ZIP e Postage Certified Fee Special Delivery Fee 1 3S' Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered _.. Return Receipt Shoo irg-l6 Date, & Addressee's TOTAL Postage & : xV dna N SENDER: i■complete items 1 ar+ additional senAces. • Complete nems 3.4 b. e Print your name and a on the reverse of this form so that we can return this card to you. ■ pA6e1tad1 this Conn to the front of the mailplece. or on the bads H space does not gaWritV Refum Receipt Requested' on the msltpiece below the snide number. • The Return Receipt wad show to whom the snide was delivered end the date g delivered. 3. Article Addressed to: I al to receive the foll services (for an extra fee): 1. 0 Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number 4b. Service Type ❑ Registered Certified • ❑ Express Mall 0 Insured Arn R r Merd>endise ❑ COD CA % (0O e'c 5. Received By: (Print Name) 8. Addressee's Address (Onlylfrequested and fee is paid) 8. Signature::,(Addressee or Agent) • PS Form 3811, December 1994 102595-97-6-0179 Domestic Return Receipt "Z 382 471 798 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse Postage EMMILeal Special Delivery Fee MIME Restricted Delivery Fee MIMI Return Receipt Showing to Whom & Date Delive t_ . Return Receipt ` i r p Date. dAte:..A'_2.t1: la� re TOTAL Po td Postmark . ?t � 1998 0 usQs f- SENDER: I■ Complete items 1 ane additional services. ■ complete items 3, 4a, ■Print your name end a s on the reverse of this form so that we can return this card to you. ■ pAsettaac��htt this form to the front of the mallpieoe, or on the back if space does not i■ Wrfle'Refum Receipt Requested' on the maMpiece below the article number. ■ibe Return Receipt will show to whom the article was delivered and the dale g delivered. I al to receive the folio ervices (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for lee. 3. Article Addressed to: ice,..., 01dh0 r5.0.4x,‘009 vn5x\s_sLwca Cs) 8�1 Received By: (Print Name) 8. Sign A 4a. Article Number 3�aM'111/93 4b. Service Type ❑ Registered X*Certified ❑ Express Mall ❑ insured ❑ Return Receipt for Merchandise ❑ COD PS Form 3811, Decembgf.1994 7. Date of Delivery 8. Address�evs Qdtbnly if requested and fee is paid) 102595-97-6-0179 Domestic Return Receipt Z-382 471 799 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse ntto i ii it, ,, \,; iSt'a1e, Ze code 1(offPostage $ ,2 Certified Fee .g) Spedal Delivery Fee / Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered ( Renin Recept Showing to Date. & Addressee's Add 14W O `1 TOTAL Postage & F � Postmark or Date N_ ��G � 2 • I SENDER: ■ Complete Items 1 addltlonst services. ■ Complete Items 9, 4a, ■ Print your name and on the remorse of this fomn so that we an return this card ou. • Attach this form to the front of the mall ppsemrrt�� pkce, or on the beak if specs Gose not 6 ■ WAte'Rshmn Recolpf Asgwsted•on the msIWece below the ankle number. •The Return Receipt will show to whom the article was delivered and the date g delivered. 1 3. Artide Addressed to: 1.5NM# to receive the rvioes (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. r,E. Received By: (Pff a Name) tyre: (Add Agent): 4a.Article Number - 1 4b. Service Type ElRegistered XCerdfied❑ Express Mad ❑ insured 1❑ Return Receipt for Merchandise 1:1COD Delivery a8. Addressee's revs (Only Il requestedand lee Is paid) PS Form 3811, December 1994 10259,5-9743-0170 Domestic Return Receipt Z 382 471 801 US Postal Service Receipt for Certified Mail lip No Insurance Coverage Provided. Do not use for International Mall (See reverse) ttto Paq Office, te,t}Z e Ico � O)(O� Postage $ ? Certified Fee %i Y 5 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Dale Delivered Repan Receip4 Showng to YA 9/9 Date, & Addressee's • • 1. w e , TOTAL P ., , et� ' 11 Postmark or O `�` O SENDER: ■Complete Items 1additional services. • Complete Items 3, 4 b. Print your name end a on the reverse of this form so that we can return this Gerd to you. ■ pAttach this lone to the front of the mellpiece, or on the bads If space does not 1 ■1Ndte'Retum Receipt Requeeted'on the mellpiece below the article number. ■ The Return Receipt will show to whom the article was delivered and the date g delivered. 11 1 f itl to receices o the fol! services (for an extra es): 1. 0 Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 3. Article Addressed to Ts) S x,331 IVB tco 4a. Article Number Z-3gaLi1 I (i,o 4b. Service Type ❑ Registered .Certified ❑ Express Mall 0 insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 6. Received By: (Print Name) 6. Signatur : X 8. Addressee's Address (Only If requested and fee Is paid) PS F. , ►ecembe 94 102595-97-B-0179 Domestic Return Receipt Z 382 471 797 RS Postal Service eceipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemati to � RROt,tZT '9%oor` 6a %ste,e, & e . >11 Co Postage $ Certified Fee Delivery Fee VSpecial Restricted Delivery Fee roE Return Receipt Showing to Whore & Date Delivered,_.1 ,,Return Receipt •• . � .. P''' ' t ? Date, d Addressees •i: s r p *� TOTAL Postage s •' II r� € Li. Postmark or Date ' Postmark �' v - s OCOI' ' tSENDER: ■ Oonlple's lawns 1additional services. ■ Oomplata items 3, 4a, b. a Pint yoyuounama and raw on the reverse or this form so that we can return this card iri■pAtatracclhl this torn to thha front of the mailplsoe, or on the back N space doss not • 7hs Rilwn I sReceipt how to eon whhom the � ditherelow ths d and the data 5 ddiverad. 1 al to receive the fol lip: (for an extra ee): 1. 0 Addressee's Address 2. ❑ Restricted Delivery Consult postmaster tor fee. 13. Artiste Addressed to: a+sucwi.SI 7 4a. Article Number 4b. SeMce Type ❑ Registered >LCertiiied ❑ Express Mali 0 Insured ❑ Return Receipt for Merchandise 0 CAD 7. DatDelive 5. Reoetved By: (Print Name) V6. Sl re: (A X• A?v JR PS Form 9811, Agent) mbar 1994 8. Addressee's Address (Only if requested A and fee Is paid) 102595 -97 -B -017D Domestic Retum Receipt a 3 Rim/98 lenwood Itst_ 2014 -Grand Ave. • P.O. Box 550 - Glenwood Springs; Co 81601 18-1-q1 ag3s3 Date ❑ Display Ad. E PMTD Debit Adj. Classified Ad LI Photo Legal Composing Credit Adj. 1: Subscription H Misc./ Account. # curviv wS A T: Date Dimensions or Dead iption Rate Net. Amt. 5-1 1 ai I 0 , , if- J.„4 . 3'7 0.83 Total d t. For Prepaying Customers Only Date Amt. Pd. 0 Cash ❑ Check ❑ Visa/MC Clerk N • \--CCM. * • a z• cffil • t v0 Gary Dickson Ci) ^oO H 6WU O2'•d 0 pp C'L! 84'� cv to :•2 pM"R VqJffl R '�'. 8 `8.1i- 0 C.v'0 q .� ° §b D00 &To ao �U .� "p,o.•0 . Y. o to;a"u �GaiKwCR- �O 00 , it 0. C div .590_ uV .' sd uA� C a Gh a6pg . 0' �e. is " i. �.Q p > 0 O To G g.;" u.4'' 855 .slls-01V§ a 8 1 l; (.6 g. to 8 c c'.g W ,...0 6 "d '-' .g � 8.'67'311o .� z 1 Nw aa sc € v i46:' g CL = p O0 . g s a G cy. OC ....0 •.7 3 vt w i A I t " i tilt ix§ zis hili ill I I i i ' i 'ItijIftj1 lif Pv i Li IP ! I .2 I i liti /Mil PA 1 "s 11 in ii, 5 i ippl. niiie,p1, 01 1 2 13011 API 1 fltIito i!ifli:538 s 2 igliiill � �,tz i flit 11 1 fluiluiit 1 ?* • '!..I. .• •• • • • ••••!•••.••y�•�a� 1-1 00 O cV GARFIELD COUNTY AS ESSOR Date: 08/21/98 22:40 Page: 1 SELECTED PARCEL LISTINGS 2399 243 00 024 023108 023 TWAMLEY, STEVEN R. PO BOX 331 NEW CASTLE STATE: CO ZIP CODE: 8 24-7-91 TR IN SW BK 0585 PG 0843 BK 0541 PG 0808 BK 0636 PG 0501 BK 0636 PG 0503 BK 0638 PG 0496 BK 0667 PG 0618 BK 0667 PG 0620 BK 0802 PG 0178 BK 0802 PG 0476 BK 0900 PG 0833 LAND 3900 1647 DEED DEED DEED QCD DEED WD DEED WD DEED QCD DEED QCD DEED DEED DEED WD IMPROVEMENTS 2399 243 00 033 023088 023 IRVINE, SANDRA K. & JAMES P. 420 E 4TH ST RIFLE STATE: CO ZIP CODE: 81650-241 24-7-91 SEC. 23 TR IN SE & SEC BK 0585 PG 0827 BK 0547 PG 0979 BK 0628 BK 0629 BK 0690 BK 0690 BK 0996 BK 0998 BK 1006 PG 0502 PG 0148 PG 0679 PG 0683 PG 0088 PG 0942 PG 0092 . 24 SW DEED DEED DEED QC DEED QC DEED QCD DEED WD DEED WD DEED WD DEED WD LAND 15950 IMPROVEMENTS 2399 243 00 040 023100 023 STYK, MICHAEL A. & BARR, JO ELLEN & RICHARD PO BOX 2674 GLENWOOD SPGS STATE: CO ZIP CODE: 81602-267 24-7-91 TR OF LAND IN SESW BK 0551 PG 0050 DEED 320 TOTAL VALUE 4220 0 TOTAL VALUE 15950 Date: 08/21/98 • GARFIELD 22:40 SELECTED C OUNTY PARCEL 41/ ASSESSOR LISTINGS Page: 2 LAND BK 0645 PG 0033 DEED WD BK 0645 PG 0035 DEED WD BK 0645 PG 0038 DEED OCD BK 0645 PG 0040 DEED WD BK 0645 PG 0931 DEED WD BK 1034 PG 0500 DEED WD 11600 IMPROVEMENTS 2399 243 00 049 023096 023 RAMSEY, ROBERT W. & ANN L. PO BOX 430 NEW CASTLE STATE; CO ZIP CODE: 81647-043 24-7-91 SEC. 23 S1/2NESE & SEC. 24 S1/2NWSW BK 0585 PG 0893 DEED BK 0552 PG 0462 DEED BK 0755 PG 0992 DEED WD LAND 15950 IMPROVEMENTS 2399 243 00 098 BROOKMAN, SUE D. 7800 HIGHWAY 82 APT 208 GLENWOOD SPGS STATE: CO ZIP CODE: 81601-933 24-7-91 A TR. DESC. AS ALL THAT PORTION OF SWSW SEC 24 AND THAT PORTION OF NWNW OF SEC 25 LYING NELY OF CO. RD. 313 TOGETHER WITH A TR. DESC AS BEG. AT A PT. WHENCE THE S 1/4 COR. OF SEC 23 BEARS... BK 0813 PG 0045 DEED WD BK 0816 PG 0315 DEED WD BK 0895 PG 0750 DEED WD PRE SCHED 023375 230915 023 0 TOTAL VALUE 11600 0 TOTAL VALUE 15950 LAND 6330 IMPROVEMENTS 1490 TOTAL VALUE 7820 • .6** 4.?€' ilda ti2Gt�aozo 1.444 'ycaZ' '.ntu.44 od_a__44.rr,t. _dam.... Atist4 • au, a�, mss' _ __ • 7/23/1998 Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 To whom it may concern: 1 am a neighbor of a party (Robert and Ann Ramsey) that has applied for a variance from the zoning resolutions of Garfield County. 1 personally received notice of the hearing on the application on July 22, 1998. 1 have an easement across the applicant's property for access to my property, and 1 pass in front of the structure under consideration every time 1 leave or return to my property. 1 have no objections to the continued existence of the structure, it fits in nicely with the surroundings. The applicants have my support in the granting of their variance. Yours Truly, Steve Twamley P.O. Box 331 New Castle, CO 81647 • 0 fe 26 '998 Waei 4e& Wauntie Maidial, clad Y . a �� m to-fracrc, ciz s e�ape/ to a va.�iaf t davi no,ae^ ard, €9'd emu/ dna Mantogt. 5 receiaed lrotcce a/ tie Zreasiro ala tiae aarean,atiola ower a ateeee aha. 5 i`ece .4 dad dam zero amid eliek t lo lrcj /iodt eifdoe rIox to /Zia zyb tie t-tai/tote waif t t Ma 474 1 -aa , erreoa4 aridradded e "'mate, - C1106.1 ' after crodd tine Mamde4d /cs1W.0r�z a` °� aiL ea-dem/4/1 e✓a orddr to to m# /aro/zert� arta`� /a-644 dee Ion.te ad rimed ad ava.ze eked. 44 a lace dia, h, dome. 9t a ed& l diae 44 a mo rid irorrze,• it rede.ini d a cahi' . 5t id a lacer �tira,a dome of de atter Tamed iec tie area a/cci c� agora t dee iez it eked a& 4aiw. . moire aae12.1q/.d LOO -Pie %mal to ~de aF o/ tach dtraciaPed, kind, Ga4ed, etc., toili tine e. aviroamerat coat/ Sin /,►°a/ l�rerr /ara/ae." ed as t to hate. hair weme/at midi t%eir /zra/aoda/to Ie tie doeetez, ad tireer Tome ara 5 &lie at tie 4 apt to deyr-ort t%em 5 am /gee at twrae. 5/5 ca aat A dere, ter doecea e.7444.4 dal' 5 it a.ove& h &WOW, to e tiaef& tine ade o/ tize lzir Zome Xaoe lead PUBLIC NOTICE TAKE NOTICE that Robert and Ann Ramsey have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance to the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description: Located south of Silt approximately seven (7) miles, off of CR 313. Said variance is to allow a variance to allow a mobile home to be placed on the propety. All persons affected by the proposed variance are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, 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 8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the application has been set for the 24th day of August, 1998, 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 Teti ...ee,T - 6 gel a A Aetved //ui,(,r�`oZo ,{vdrjt 9 /9 40 967 • • A parcel of land being the S'1NEhSEof Section 23 and the S1/2NW$SW14 of Section 24, all in Township 7 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Northwest Corner of said SWW SW1r, whence the West Quarter Corner of said Section 24 bears: N. 00'25'10" W. 651.91 feet, of which the Witness Quarter Corner bears: N. 00°03'42" W. 40.92 feet; thence from said Northwest Corner, N 85°17'32" E. 1328.39 feet; thence S. 00'05'44" E. 685.79 feet; thence S. 86°44'35" W. 1322.42 feet to a point on the Westerly line of said Section 24; thence S. 89.43'34" W. 1317.19 feet; thence N. 00'32'43" W. 653.51; thence N. 89°47'43" E. 1318.63 feet to the point of beginning. 0 ../ 4.(rrity_aitrifr? 1 . . ..... A1_442449 -^! ae.dielit. Rqge . , • 11 _ !, C51444.4____chvg, -1- 1 ; II ii .. X IA g cr Pc Ito r» o � �� o rig 4�1. o b pi Z C n 3.n A • NORTH VIEW EAST VIEW SOUTH VIEW as els ed ew • eA • en a qz 01.0 m E 04 CU p o � i�G PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variances from Sections 2.02.27 dealing with the definition of a mobile home APPLICANT: Robert W. & Ann L. Ramsey I. DESCRIPTION OF THE PROPOSAL A. Request: The applicants are requesting a variance to the definition of a mobile home contained in Section 2.02.27 of the Zoning Resolution. The applicants have a mobile home on a piece of property on East Divide Creek, that was placed on the property without a building permit. They have modified the structure with a shell, deck and additional room. The applicants are requesting that the structure not be classified as a mobile home and that it be allowed to stay on site after it is permitted. The applicants claim a hardship due to their inability to obtain financing for a house, since the property is in an area that does not have utilities and lending institutions do not make conventional loans in areas without electricity. (See application pgs. 34 La) III. MAJOR ISSUES AND CONCERNS A. 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: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 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; 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; 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. • • B. Staff Comments The applicants are requesting a variance to a defmition, which if approved would essentially be changing the Zoning Resolution text. The Board of Adjustment does not have the authority to make such a change. If the applicants could demonstrate that the structure meets the 1994 Uniform Building Code requirements, it could be permitted. The proposal to have a structural engineer determine that the structure is safe for human habitation is not consistent with the building code requirements, unless the statement can be made that the structure can meet the 1994 UBC requirements. Then a variance would not be needed. The implied consent of a building official for a storage shed, is by no stretch of the imagination a reason or justification for illegally building a residential structure. The County is not under any obligation to publically disclose what lending institutions will or will not make loans on property. This is not a hardship created by the zoning resolution, but a self imposed hardship. 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. RECOMMENDATION DENIAL, of the proposed variance request. i„ . III \,:. u3' it f.. l'ff.e) ; !, VARIANCE APPLICATION '`�V� ..GARFIALD COUNTY ZONING BOARD OF ADJUSTMENT r e Pursuant to Section 9,05 of the Garfield County Zoning Resolution Resolution ROBERT W. & ANN L. RAMSEY (applicant/owners name) Section 2.02.37 , request(s) a variance to of the Garfield County Zoning Resolution concerning the definition of "mobile home" topermit a structure's exclusion in the ARRD 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 at 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. 1. 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 exceptionallopogrephic 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 good and 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 applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. f'ROCEQUjlAL REOUIREMENTS• 1. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m.. 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 9.04.04 (2)) The above and attached information is correct andcccurate t+ the b ,� y knowledge. APPLICANT: ROBERT W. MAILING ADDRESS: P . 0 Sits& L > r s J (signatures of applicant/owner) u & ANN L. RAMSEY . BOX 430 NEW CASTLE, PHONE: 970) 379-5733 CO 81647 OWNER: ROBERT W. & MAILING ADDRESS: P.O. ANN L. RAMSEY BOX 430 NEW CASTLE, PHONE: (970) 379-5733 CO 81647 Page one of nine '/s miLE. • • SKETCH MAP - SUBMITTAL REQUIREMENT A 4 N k 16,1111 LE (1) COUNTY ROAD 313 (2) PRIVATE ROADS (3) EAST DIVIDE CREEK (4) BRIDGE (5) BARN AND CORRALS (6) WELL (7) 1000 GALLON CONCRETE SEPTIC TANK (8) 1000 GALLON CISTERN (9) TOOL SHED (10) DOG KENNEL (11) STRUCTURE SUBJECT OF APPLICATION FOR VARIANCE All setback distances are greater than those required in zoning resolution 3.02.06 (1) (2) & (3), which are the minimum setback distances for ARRD. Page three of nine 06/04/98 10:31:32 PP • SUBMITTAL REQUIREMENT D: The subject property is a 40 acre parcel located 7.3 miles up County Road 313 from that roads' junction with County Road 311. The address is 7300 County Road 313, New Castle, Colorado, 81647. It is bounded on the north and east by privately owned 40 acre parcels, on the south by a privately owned 50 acre +/- parcel, and on the west by public property (BLM). The subject building is over 1000 feet from the public roadway, and not clearly distinguishable from that roadway. The subject building is also nearly 200 feet higher in elevation than the public roadway. The subject property is wooded with tall mature pines along the public roadway. The most important feature relevant to this application is that the property is located 5 miles beyond the nearest public electrical utility. SUBMITTAL REQUIREMENT E: Steve Twamley 3548 County Road 226 Rifle, CO 81650 Mike Styke P.O. Box 2674 Glenwood Springs, CO 81602 David and Sue Faulkner Floors by Design 7800 Hwy. 82 Glenwood Springs, CO 81601 Jim and Sandra Irvine 420 East 4th Street Rifle, CO 81650 SUBMITTAL REQUIREMENT F: Water for the subject property is supplied by hauling from public water supply at Silt, Colorado, and from a domestic well on the property, into a 1300 gallon concrete cistern. Sewage is private system. Electricity is privately supplied by solar and generator backup. SUBMITTAL REQUIREMENT G: 1) The applicants are requesting a variance from Zoning Resolution 2.02.37 to exclude a structure they have built from the definition of a "mobile home." The existence of the structure is explained in submittal requirement H. The structure incorporates a 1950's vintage mobile home, that is no longer mobile, and no longer resembles a mobile home (one photo page included, additional photos are being made and will be submitted as a supplement when available). Page 6 of nine 1111 06/04/98 10:31:32 PO 2) If required by the Board as a condition to obtaining the variance, the applicants will agree to engage the services of a private State Certified Structural Engineer, at their own expense, to examine the structure and certify its safety and structural soundness for human habitation and compliance with County Requirements. The applicants agree to remedy any deficiencies thereof in a timely manner (the time allowed to be at the discretion of the Board) or withdraw this application (at the discretion of the applicants). SUBMITTAL REQUIREMENT H, I, and J: The applicants purchased the subject property in June of 1989 for the express purpose of residing on it. They immediately submitted building plans. A building inspector, now retired, visited the site. The plans were approved. At about the same time, the applicants discovered that conventional lending institutions, upon which the applicants were reasonably relying for funding for their home, do not lend money to build on property beyond public electrical utilities. The applicants respectfully submit: 1) It is not common knowledge, not published information, and not required disclosure on contracts to buy and sell real estate that such funding is unavailable to the public. The applicants did not know, and could not reasonably be expected to know, that such funding was not available, and found that to be an "extraordinary and exceptional situation" (9.05.03). 2) That such funding is unavailable is a condition that is not a "general condition in the district" and it cannot be "practically corrected" (9.05.03 (3). 3) That the position they were in as a result of (1) and (2), above, was one of "extreme hardship" (9.05.03) insofar as the applicants had to have a place to live, and that is still the case. 4) The mobile home at issue was given to the applicants free of charge. 5) The applicants did not intend to make the mobile home a primary use, but have been unable to resolve the issue, and under the misunderstanding that the structure would be a right by use as a secondary dwelling when they did build their home, they made modifications to make it more livable with the intent of it someday being a guest cottage. 6) The applicants request consideration, not as justification, but as mitigation, that (a) the remoteness of the property in 1989, was such that numerous dwellings in the area were occupied without certificates of occupancy, and; (b) implied permission was given for overlooking a building code requirement regarding a tool shed under construction at the time of the visit by the county building inspector in 1989, and; (c) the applicants' point of view was understandably, although improperly, affected by (a) and (b), above. Page seven of nine 06/04/98 10:31:32 PP 7) That the quality and appearance of the structure does not do "substantial detriment to the public good" and does not substantially "impair the intent and purpose of the general plan or this (zoning) resolution" (9.05.03 (2), conditioned upon the additional fulfillment of submittal requirement G, part (2), above, and the required public hearing. 8) To allow a variance to exclude the subject building from the definition of a "mobile home," which by any reasonable assessment it no longer is (a straw bale home is not a haystack, a home made of used automobile tires is not a pile of tires), would be the "minimum necessary to alleviate the hardship" that would be imposed on the applicants by forcing them from their home (9.05.03. (1). The applicants recognize that they have violated the law, and are penitent. They request, however, that the Board not take a simplistic view of the cause of their condition 19.05.03 12), and further consider that they voluntarily began the process to correct the situation. The balance in equity would seem to allow that the applicants should be given an opportunity to establish their home as a suitable structure as set forth in this application, rather than being made homeless, and that opportunity is what they respectfully request. NOTE: THE COMPLETE TEXT OF ZONING RESOLUTION 9.05.03 IS NOT PRINTED ON THE VARIANCE APPLICATION. THIS APPLICATION IS ADDRESSED TO THE COMPLETE TEXT AS PRINTED IN THE RESOLUTIONS. Page eight of nine • EXHIBIT A (RAMSEY) Page nine of nine 1 r • NORTH VIEW FAST VIEW W SOUTH VIEW NORTH VIEW EAST VIEW 0 SOUTH VIEW • EXHIBIT A (RAMSEY) Page nine of nine • • Z 376 255 985 (US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use tor International Mali (see reverse tato % + S1)11, e- P 1,et tk Numb (c ��Sn! N COI P State, a 9GO Postage $� � a Certified Fee /. 3 Speaal Delivery Fee Restrict: • 17w411 :: P!F C m. • ...' . Delivery. Date \ /t t 0 Re Showing to use's Address • TAL PFees Gic P (mark or Date •/ 9 �S . �/ 661 DER: ata items 1 and/or 2 tor additional services. ate Items 3, 4a, and 4b. lint your name and address on the reverse or this tom so that we can return this card to you. * Attach this form to the front of the mdlpleoe, or on the back H apace does not * yyrtte•Retum Receipted' on the manatees below the article num ■ The Return Receipt wit b to whom the snide was delivered and the date delivered. 1 also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. ❑ Restricted Delivery Consult postmaster tor fee. 3. Article Addressed to: 4a. Article Number to A Ski- ss i 1 Service Type ❑ Registered%Certified i ❑ Express Mall 0 Insured 0 Return Receipt for Merchandlse 0 COD 7. Date Deliv ry 1. I n{pd l % Add , b. Received By: (Print Name) 8. Addre ee's rens prequested and fee 1s paid) e: (addressee orAgeyf) �yr.At- PS Fo 811, December 1994 102595-97-0-0179 Domestic Return Receipt 1 Z 376 255 962 'RS Postal Service eceipt for Certified Mail No Insurance Coverage Provided. Do not use for International mall See reverse ENLIRMIIMMII P. Office, ZIP C • IM •• n� W a a Certified Fee Special Delivery Fee Restricted Delivery Fee =tum .11ri; , Man 5 Dates .4_ . /• p . •'R e�p< ri 1 e55ee5�ddf :a � TOTAL& ge & Fees Postmark or D SENDER: eta Items 1 end/or 2 for additional services. ate Items 3, 4a, and 4b. your name and address on the reverse of this form so that we can return this rd to•Attaachh this forrn to the front of the malipteoe, or on the bedc If space does not ■ MIriiefum Receipt Requested' on the mailpleoe below the article number. o ne Return Receipt WI show to whom the artlde was delivered and the date delivered. I also wish to receive file following services (for am extra fee): 1.❑ 2. ❑Restricted Deih e ry Consult postmaster for fee. Addressee's Address 1 3. Addressed to: 1 t,,�c�.m lT.o. 331 O4 L02 -r7 4a. Article Number '7 CD .S59g - 4b. Service Type ❑ Registered >4Certified ❑ Express Mall 0 insured ❑ Return Receipt for Merchandise 0 COD 5. Rec=1y: (Print Na 8. Signature: A 7. Date of Delivery �} '�� 3/9d 8. Addresses Addr ss (Only requested and fee Is paid) T5Form ' 811, December 181x4 402595-97-B-0179 Domestic Return Receipt 1 Z 376 255 983 Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse -el • N ber `• tp.4i olioM .1 %(0M ice, State, : ZIP Cod Postage =MI Special Delivery Fee 11111.1111.1 Restricted Delivery Fee °'' r.' . e Delius . 1.I0 eiplShirglo •" ' R- ow r : e, . ee's Address 1111.11 P •!mark or Dal- /,. G r9 1 SENDER: ■ Complete pens 1 *ndlor 2 for additional **Moss. * Complete Items 3, 4a, and 4b. ■ Print your nacos and address on the reverse of this toren so that we can return this card to you. ■ Assttrracch this toren to the front of the maltpiece, or on the back If space does not ■ Write'Refum Receipt Requested' on the mallpleoe below the article number. E lbe Return Receipt will show to wham the 'nide was delivered and the dale delivered. I also wish to receive th� following services (for a extra fee): 1. ID Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: P,o,re)&ix acc, co sM coo 4a. Article Number 5. Received By: (Print Name) 6. Signature: (Addressee or ▪ PS Form 3811, December 1994 46. Service Type ❑ Registered )21kCertlfied ❑ Express Mall 0 Insured I ❑ Return Receipt for Merchandise 0 COD 7. Date of Delivery i� 24 1990 E. 8. Addressee's Address (Only II requested and lee is paid) 102595-97-B-0179 Domestic Return Receipt 376 255 984 x5 Postal Service Receipt for Certified Mail No Insurance Coverage Provided. se for International Mall (See reverse A--41\,\XJ VPC`Nt St e3:10qurnt , 24 te.Zl g1L5(,) 7t,* Postage $ i 3 �. Certified Fee /. 3 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom it Digs -7--,,, % r - D ReWm Dale 's Address /•"., CG 7 ALP �je&Fees $ 7 Ivme r> IG u /998 , j / h • . • • a v ... •S71.11�1:1 1 VI_.___. ■ •Complete items 1 andlor 2 for additional services. • Complete items 3, 4a, and 4b. • Print yournameand address on the reverse of this form so that we can return this card to ■ pAAttttaach this form to the Rfront of the mailplece, or on the back if spaoe does not r. ■ The Return Receipt will . how o whom the artiuesteci" on the cle waece gs delivered and thew the article emdate 0 C detivered. 3. Article Addressed to: 1 I also wish to receive the following services (for ar� extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. Eyt-- t GO %) (S 4b. Service Type ❑ Registered `Certified ❑ Express Mall 0 Insured ❑ Retum Receipt for Merchandise 0 COD 5. Received By: (Print Name) • (Address•• � Agent) • PS Form 3811, December 1994 7. Date of Delivery 0X/-7, 8. Addressee's Address (Only if requested and fee is paid) 102595-97-B-0179 Domestic Return R0 et %Glenwood dost 2014Grand Ave.- .-12.0. Box 550 Glenwood Springs, CO 81601 Dale Rorncleti fn bfle 45n ❑ Display Ad. ❑ Classified Ad Legal ❑ Subscription ❑ PMT ❑ Photo ❑ Composing ❑ Misc./ .29 E3 Account .# y� 1 1V.10 [ Qc e tUaki r ACCT• 0 Debit Adj. ❑ Credit Adj Date Dimensions or -Description Rate _ Net. And. �-10 4 L ane' VE'• -k hij r i-E?Of @ . 00 tles+ hiv Vat Ion(C a Acd` ucimen-4- of Sut9 a`7, Viclb .9g.e Total,eo For Prepaying Customers Only Date Amt. Pd. 0 l Cash 0 Check ❑ VisaIMC Clerk :Leawood ?lost 2014 -Grand Ave: --Ria-Box -550--Glenwood Springsi-00.814301 Date Account-#: ':1;.:` 141)11 komeLt 1)6 bry 43 Oweasi. le .,ACCT: Display.Act. 111 PMT CI Classified Ad El Photo . [1 Deblt.AdJ.• Legal CI Composing 1=1 LI Subscription LI Misc./ - . Date . Dtmenslonsor-Destilption-. - Rate- Net. Amt. (11:3 i li 1,-.,, (2,- • tfQ .,. ,..7, - k,,it'c'l •(c)v V01611( NI UPI' 0 c AdivAilio it - 1-i?Ok iiil of- Sit it( .9',11 Vicrb ,.98.e0 ....t - Total For .Prepaying Customer* Only • • :.,Date Amt. 0 Cash .0 Check ....spyiea/MC Clerk i w • w Gary Dickson 0' RRA OMLIP 1 E! fill 3 1141149 154 I la;IA " ; 11141 ! 11111ra r. 11 • • Garfield County E3uilding and Planning 109 8th St.. Suite 303 Glemtiood Springe. CO USA 81601 Teh (970) 945-8212 Fax' (970) 946-7786 FAX SHEET DATE: T1ME: 6 L) }fid S 4'117 (i 6-! 4 J %) �} TO: FROM: TEL: FAX: TEL: FAX: SUBJECT: # OF PAGES: CC: ..........e........•..................•. A MESSAGE FOR YOU... 49 /4' e`—n erK l • . PUBLIC NOTICE TAKE NOTICE that Robert and Ann Ramsey have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance to the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description: Located south of Silt approximately seven (7) miles, off of CR 313. Said variance is to allow a variance to allow a mobile home to be placed on the propety. All persons affected by the proposed variance are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, 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 8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the application has been set for the 24th day of August, 1998, 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 PUBLISH ONE (1) TIME ON OR BEFORE FRIDAY 8/7/98 SEND BILL TO: Robert Ramsey P.O. Box 430 New Castle, CO 81647 tARFIELD COUAT Building and Planning August 3, 1998 Robert & Ann Ramsey P. O. Box 430 New Castle, CO 81647 RE: Variance - sign code - Section 2.02.37 Dear Mr. Gardner: By this letter, I am notifying you of the rescheduling of the public hearing to consider your request for a variance from the sign code requirements contained in Section 2.02.37 of the Garfield County Zoning Resolution of 1978, as amended. The Zoning Board of adjustment will consider your request at 7:00 p.m., on August 24, 1998, in the Commissioners Hearing Room, Suite 301, 109 8th St. , Glenwood Springs. Enclosed with this letter is a public notice form that will have to be published once in a newspaper of general circulation in the area, at least fifteen (15 days prior to the date of the hearing. Given the timing of this letter, the notice will be faxed over to the Glenwood Post for publication by this office, with the billing to be sent to you. The same notice will have to sent by certified return receipt mail to the owners of the property in question and all owners of property within two hundred (200) ft. of the properties in question, at least five (5) days prior to the hearing. This includes public lands. We suggest sending the notices out earlier than the five (5) days required, to insure the return of the return -receipt. It will be your responsibility to make sure that all notice is mailed in a timely manner and provide the proof of publication and the return receipts from the mailing to this office at or before the hearing. It is also your responsibility to make sure your the legal notice cost of publication is paid, otherwise the newspaper will not provide you with the proof of publication. If you have any questions about this letter, you may call this office. Sincerely, Mark L. Bean, Director Building & Planning Department enclosures 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 • • PUBLIC NOTICE TAKE NOTICE that Robert and Ann Ramsey have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance to the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description: Located south of Silt approximately seven (7) miles, off of CR 313. Said variance is to allow a variance to allow a mobile home to be placed on the propety. All persons affected by the proposed variance are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, 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 8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the application has been set for the 24th day of August, 1998, 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 w A parcel of laneing the SNNENSEN of Section •and the S1/2NWISW14 of Section 24, all in Township 7 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Northwest Corner of said ANWNSW14, whence the West Quarter Corner of said Section 24 bears: N. 00'25'10" W. 651.91 feet, of which the Witness Quarter Corner bears: N. 00'03'42" W. 40.92 feet; thence from said Northwest Corner, N. 85'17'32" E. 1328.39 feet; thence S. 00°05'44" E. 685.79 feet; thence S. 86'44'35" W. 1322.42 feet to a point on the Westerly line of said Section 24; thence S. 89'43'34" W. 1317.19 feet; thence N. 00°32'43" W. 653.51; thence N. 89°47'43" E. 1318.63 feet to the point of beginning. ,...... w r z: ;F ; a3t1 0 t; 1996 f VARIANCE APPLICATION I' .. _._ GARFI LD COUNTY ZONING BOARD OF ADJUSTMENT • Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution ROBERT W. & ANN L. RAMSEY , request(s) a variance to (applicant/owners name) Section 2.02.37 of the Garfield County Zoning Resolution concerning the definition of "mobile home" to permit a structure's exclusion in the ARRD 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 at 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, 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 good and 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 applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. PROCEDURAL REQUIREMENTS: 1. Submit applications to the Garfield County Planning Department 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 Monday of each month at 7:00 p.m.. 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 9.04.04 (2)) ---� The above and attached information is correct and(accurate tp the be APPLICANT: ROBER MAILING ADDRESS: OWNER: ROBERT MAILING ADDRESS: know' Esc (signatures of applicant/owner) v T W. & ANN L. RAMSEY P.O. BOX 430 NEW CASTLE, PHONE: (970 ) 379-5733 CO 81647 W. & ANN L. RAMSEY P.O. BOX 430 NEW CASTLE, PHONE: ( 970) 379-5733 CO 81647 Page one of nine • • SKETCH MAP - SUBMITTAL REQUIREMENT A 16,1111LE (1) COUNTY ROAD 313 (2) PRIVATE ROADS (3) EAST DIVIDE CREEK (4) BRIDGE (5) BARN AND CORRALS (6) WELL (7) 1000 GALLON CONCRETE SEPTIC TANK (8) 1000 GALLON CISTERN (9) TOOL SHED (10) DOG KENNEL (11) STRUCTURE SUBJECT OF APPLICATION FOR VARIANCE All setback distances are greater than those required in zoning resolution 3.02.06 (1) (2) & (3), which are the minimum setback distances for ARRD. Page two of nine W 0 NATIONAL 1 I i_r r - Y /� I 1 W Cr II _ Jl o 1 1 w 1 .z 1 Fz 1 Y 13 1 0 1 a F-1 r - - - -- -- ---- ,.... N ' .m.. .__.._ - - z 1 aH I l • 1 1 1 1 1 I 0 44 1-a w I¢ V E3 2 r1 1 0 W a 0 44H a 4-1 o aH CO 0 w 00 R; U10-1 H H H A 0 R. Page three 06/04/98 10:31:32 PP SUBMITTAL REQUIREMENT D: • The subject property is a 40 acre parcel located 73 miles up County Road 313 from that roads' junction with County Road 311. The address is 7300 County Road 313, New Castle, Colorado, 81647. It is bounded on the north and east by privately owned 40 acre parcels, on the south by a privately owned 50 acre +1- parcel, and on the west by public property (BLM). The subject building is over 1000 feet from the public roadway, and not clearly distinguishable from that roadway. The subject building is also nearly 200 feet higher in elevation than the public roadway. The subject property is wooded with tall mature pines along the public roadway. The most important feature relevant to this application is that the property is located 5 miles beyond the nearest public electrical utility. SUBMITTAL REQUIREMENT E: Steve Twamley 3548 County Road 226 Rifle, CO 81650 Mike Styke P.O. Box 2674 Glenwood Springs, CO 81602 David and Sue Faulkner Floors by Design 7800 Hwy. 82 Glenwood Springs, CO 81601 Jim and Sandra Irvine 420 East 4th Street Rifle, CO 81650 SUBMITTAL REQUIREMENT F: Water for the subject property is supplied by hauling from public water supply at Silt, Colorado, and from a domestic well on the property, into a 1300 gallon concrete cistern. Sewage is private system. Electricity is privately supplied by solar and generator backup. SUBMITTAL REQUIREMENT G: 1) The applicants are requesting a variance from Zoning Resolution 2.02.37, to exclude a structure they have built from the definition of a "mobile home." The existence of the structure is explained in submittal requirement H. The structure incorporates a 1950's vintage mobile home, that is no longer mobile, and no longer resembles a mobile home (one photo page included, additional photos are being made and will be submitted as a supplement when available). Page 6 of nine 06/04/98 10:31:32 P • 2) If required by the Board as a condition to obtaining the variance, the applicants will agree to engage the services of a private State Certified Structural Engineer, at their own expense, to examine the structure and certify its safety and structural soundness for human habitation and compliance with County Requirements. The applicants agree to remedy any deficiencies thereof in a timely manner (the time allowed to be at the discretion of the Board) or withdraw this application (at the discretion of the applicants). SUBMITTAL REQUIREMENT H, I, and J: The applicants purchased the subject property in June of 1989 for the express purpose of residing on it. They immediately submitted building plans. A building inspector, now retired, visited the site. The plans were approved. At about the same time, the applicants discovered that conventional lending institutions, upon which the applicants were reasonably relying for funding for their home, do not lend money to build on property beyond public electrical utilities. The applicants respectfully submit: 1) It is not common knowledge, not published information, and not required disclosure on contracts to buy and sell real estate that such funding is unavailable to the public. The applicants did not know, and could not reasonably be expected to know, that such funding was not available, and found that to be an "extraordinary and exceptional situation" (9.05.03). 2) That such funding is unavailable is a condition that is not a "general condition in the district" and it cannot be "practically corrected" (9.05.03 (3). 3) That the position they were in as a result of (1) and (2), above, was one of "extreme hardship" (9.05.03) insofar as the applicants had to have a place to live, and that is still the case. 4) The mobile home at issue was given to the applicants free of charge. 5) The applicants did not intend to make the mobile home a primary use, but have been unable to resolve the issue, and under the misunderstanding that the structure would be a right by use as a secondary dwelling when they did build their home, they made modifications to make it more livable with the intent of it someday being a guest cottage. 6) The applicants request consideration, not as justification, but as mitigation, that (a) the remoteness of the property in 1989, was such that numerous dwellings in the area were occupied without certificates of occupancy, and; (b) implied permission was given for overlooking a building code requirement regarding a tool shed under construction at the time of the visit by the county building inspector in 1989, and; (c) the applicants' point of view was understandably, although improperly, affected by (a) and (b), above. Page seven of nine 06/04/98 10:31:32 PIP • 7) That the quality and appearance of the structure does not do "substantial detriment to the public good" and does not substantially "impair the intent and purpose of the general plan or this (zoning) resolution" (9.05.03 (2), conditioned upon the additional fulfillment of submittal requirement G, part (2), above, and the required public hearing. 8) To allow a variance to exclude the subject building from the definition of a "mobile home," which by any reasonable assessment it no longer is (a straw bale home is not a haystack, a home made of used automobile tires is not a pile of tires), would be the "minimum necessary to alleviate the hardship" that would be imposed on the applicants by forcing them from their home (9.05.03. (1). The applicants recognize that they have violated the law, and are penitent. They request, however, that the Board not take a simplistic view of the cause of their condition (9.05.03 (1), and further consider that they voluntarily began the process to correct the situation. The balance in equity would seem to allow that the applicants should be given an opportunity to establish their home as a suitable structure as set forth in this application, rather than being made homeless, and that opportunity is what they respectfully request. NOTE: THE COMPLETE TEXT OF ZONING RESOLUTION 9.05.03 IS NOT PRINTED ON THE VARIANCE APPLICATION. THIS APPLICATION IS ADDRESSED TO THE COMPLETE TEXT AS PRINTED IN THE RESOLUTIONS. Page eight of nine • • ROBERT W. OR ANN L. RAMSEY, P. 0. BOX 430 PH. 970-379-5733. 4. NEW CASTLE, CO. 81647-0430 • Y TO ..,:_,.r1.- iYi;1 .,,,v, -;..4.. -,r.'4.•‘ -.-'d, • -- ,....,. ..,,, ,,,,, ...,,,, , ,.., .4 $ - - , ...,....., •-• ,',.. r ',".. - r4 :L02 &CI 340?i:. HARLAND t TREETOPS hCf r ^' t 3 x, r /( >‘ f • Recorded at 3- Date: JUN 12 Mg, Reception No. o'clock • 4102274 WARRANTY DEED r eu.4e-mit 4 � 1 .1) JUN 1 Z PPP Mate 1_,,c. £o.3 30 THIS DEED, made this 12th day of June, 1989 between Barney Oldfield of Pitkin County, Colorado (hereinafter "Grantor"), and Robert W. Ramsey and Ann L. Ramsey, as joint tenants with the right of survivorship, whose address is P.O. Box 430, New Castle, Colorado 81647 (hereinafter "Grantees"): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the Grantor in hand paid by the Grantees, 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, successors and assigns forever, all the real property, together with improvements, if any, located in Garfield County, Colorado, described as follows: A parcel of land being the S'NE'SEl[ of Section 23 and the S1/2NW14SW1/4 of Section 24, all in Township 7 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at the Northwest Corner of said S'NW'NSW'N, whence the West Quarter Corner of said Section 24 bears: N. 00°25'10" W. 651.91 feet, of which the Witness Quarter Corner bears: N. 00°03'42" W. 40.92 feet; thence from said Northwest Corner, N. 85°17'32" E. 1328.39 feet; thence S. 00°05'44" E. 685.79 feet; thence S. 86°44'35" W. 1322.42 feet to a point on the Westerly line of said Section 24; thence S. 89°43'34" W. 1317.19 feet; thence N. 00°32'43" W. 653.51; thence N. 89°47'43" E. 1318.63 feet to the point of beginning. 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 Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances, unto the Grantees, their heirs, successors and assigns forever. And the Grantor, for himself, his heirs, successors and assigns does covenant, grant, bargain, and agree to and with the Grantees, their heirs, successors and assigns, that at the time of the ensealing and delivery of these presents, he 1 Page 4 of nine t tEr, '7',� i f�! t99 b. Easement 20 feet in width, along the four boundary lines of the property, for the purposes of ingress and egress as set forth in the Contract dated March 12, 1980. c. 20 foot easement for an irrigation ditch known as the Hahn and Otten Ditch, said ditch being located in portions of Section 23 and 24, Township 7 South, Range 91 West of the 6th P.M. The deed granting this easement is recorded in Book 62 at Page 442 as Reception No. 39909. 10. Road Viewers Reports recorded October 2, 1905 in Road Record Book 1 at Page 134 and recorded January 9, 1887 in Road Record Book 1 at Page 109 as Reception No. 8943, and right-of-way for County Road 313 as the same crosses subject property. 11. Right-of-way easement 60 feet in width as granted to Northwest Pipeline Corporation by Barney Oldfield in document recorded March 15, 1982 in Book 594 at Page 587 as Reception No. 325593. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The Grantor hereby QUITCLAIMS his water rights appurtenant to the above described real property, if any there shall be, to the Grantees, without warranty whatsoever. Signed and delivered this 12th day of June, 1989. State of Colorado )ss. County of Pitkin len H. Adger -at orney n fact for Barney Oldfield The foregoing Warranty Deed was acknowledged before me this day of June, 1989 by Allen H. Adger attorney in fact for Barney Oldfield by Power of Attorney recorded in Book "1.,Y at Page Qk '7. Witness my hand and of cial si My commission expires: • • • WPF_GWp.SIPF'. 3 11))-\41)?\‘N Page 5 of nine Garfield County Building and Planning 409 8th 5t.. Suite 305 Gianwood 5pringe. CO USA 81601 Tel: (970) 945-8212 Fa (970) 948.786 FAX SHEET DATE: � TO: /�2-1C' TEL: FAX: 9 gr/b SUBJECT: # OF PAGES: 5 • • TIME: FROM:� � • TEL: gig- FAX: i FAX: CC: ........................................ A MESSAGE FOR YOU... / Pc/€6,1-/ g 9g r3�G� o of &LI GftRFIELD COUNT, Building and Planning July 7, 1998 Robert & Ann Ramsey P. O. Box 430 New Castle, CO 81647 RE: Variance - sign code - Section 2.02.37 Dear Mr. Gardner: By this letter, I am notifying you of the scheduling of the public hearing to consider your request for a variance from the sign code requirements contained in Section 2.02.37 of the Garfield County Zoning Resolution of 1978, as amended. The Zoning Board of adjustment will consider your request at 7:00 p.m., on July 27, 1998, in the Commissioners Hearing Room, Suite 301, 109 8th St. , Glenwood Springs. Enclosed with this letter is a public notice form that will have to be published once in a newspaper of general circulation in the area, at least fifteen (15 days prior to the date of the hearing. Given the timing of this letter, the notice will be faxed over to the Glenwood Post for publication by this office, with the billing to be sent to you. The same notice will have to sent by certified return receipt mail to the owners of the property in question and all owners of property within two hundred (200) ft. of the properties in question, at least five (5) days prior to the hearing. We suggest sending the notices out earlier than the five (5) days required, to insure the retum of the return -receipt. It will be your responsibility to make sure that all notice is mailed in a timely manner and provide the proof of publication and the return receipts from the mailing to this office at or before the hearing. It is also your responsibility to make sure your the legal notice cost of publication is paid, otherwise the newspaper will not provide you with the proof of publication. If you have any questions about this letter, you may call this office. Sincerely, Mark L. Bean, Director Building & Planning Department enclosures 109 8th Street, Suite 303 945.8212/285-7972 Glenwood Springs, Colorado 81601 PUBLIC NOTICE TAKE NOTICE that Robert and Ann Ramsey have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance to the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached �7 Practical Description: Located south of Silt approximately severC 7 miles,off of CR 313. p Pp Y) Said variance is to allow a variance to allow a mobile home to be placed on the propety. All persons affected by the proposed variance are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, 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 8:30 a.m. and 5:00 p.m., Monday through Friday. That a scheduled public hearing on the application has been set for the 27th day of July, 1998, 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 alBe-757r-7/ Dive 7i,�4--, CA) C). ge,c--aec 7//d/91 ecee/ex /20vAPE-1 Win, dolt X30 /tJF(4) C.osw-e, Gn p/647