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Home My WebLink About1.0 ApplicationGARFIELD COUNTY • • 109 8th St. 0 Sanitation 0 Building ~anning Suite 303 Glenwood Springs, Colorado 81601 Telephone 303: 945-8212 / 625-5571 N~ ' TIME: PLACE: DATE: GARFIELD COUNTY BOARD OF ADJUSTMENT MEETING AGENDA 3:30 p.m. Garfield County Courthouse, Suite 3lll. Thursday, May 28, 1992 1) 2) 3) 4) 5) Call meeting to order Roll Call Public Hearing for a Variance from Section 3.03.06 -Minimum Setback R/L/SD Zone District Applicant: Don and Sandra Kuhns Public Hearing for a Variance from Section 3.04.06 -Minimum Setback R/L/UD Zone District Applicant: Debra Protsman Adjournment If any of the Board of Adjustment Commissioners would like to go on a site review, either immediately before the meeting or sometime during the week of May 26, please contact Andrew at 945-8212, ext. 152. BOA 5/28/92 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER/SEWER: ACCESS: Variance from Section 3.03.06(3)- Minimum Setback -R/L/SD Zone Don and Sandra Kuhns A tract ofland located in the NE SE ofSection 21, T6S, R89W of the 6th P.M.; located on C.R. 156 off Midland near the Old Cardiff Bridge in Glenwood Springs. The site consists of .25 acres. City of Glenwood Springs Driveway onto C.R. 156 I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in the Glenwood Springs Urban Area of Influence as identified on the Comprehensive Plan Management Districts map. II. DESCRIPTION OF THE PROPOSAL A. Sile Description-The subject property is currently developed with a single family residence with an attached garage. The residence is located towards the front of the property with a large level yard, east of or behind the residence. Along the south property line is a city sewer line easement, which extends onto the subject property approximately one (I) foot (see enclosed site plan). B. Request: The applicants are requesting a variance from the required ten foot (1 O') side yard setback to allow the addition to the existing garage with second story bedrooms and baths. The encroachment would require a variance from the 10' setback to roughly four feet (4') of the property line (see exhibit G - Building Plans on page I ~ ). III. MAJOR ISSIJES AND CONCERNS 1. Section 3.03.06(3) Minimum Setbacks -R/L/SD requires a side yard setback of IO' from side lot line or one-half (%) the height of the principal building, whichever is greater (see enclosed on page \ L-\ ). 2. In the application, the applicants have stated three (3) reasons necessitating the variance. The proposed addition on the south side of the house will fit better -\ - with the existing design of the home, the proposed design is Jess expensive than an alternative off the back of the house, and an addition off the back would require relocation of sewer and natural gas lines (see exhibit Hon page I 3 ). 3. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property," the Board may authorize a variance. In addition, the Board must also find: A. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 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; and C. That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and D. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. 4. The subject lot is not exceptionally narrow, shallow or unusually shaped. The lot is rectangular shaped with dimensions of roughly 80' x 180'. 5. The "hardship" in meeting the setback requirements appears to be a result of the orientation of the home as it sits on the lots. Because the house does not parallel the Jot lines, more area is consumed than the minimum necessary. Additionally, the applicant has stated that by meeting the setback requirements, the project would be too expensive to develop. Neither expense or design considerations are contemplated in Section 9.05.03. 6. There are no topographic conditions or extraordinary and exceptional situation or conditions of the property. A garage could be developed elsewhere on the property. Locating a garage to the rear of the residence would require relocating sewer and gas service lines. III. SUGGESTED FINDINGS I. That the application for Variance was not found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. IV. RECOMMENDATION Staff feels that the circumstances do not warrant the granting of a variance. While the applicant may not be able to construct a two-car garage as requested, some developable area remains on the lot where a garage could be constructed. Unfortunately, the original siting of the residence on the lot did not contemplate the addition of a garage. Therefore, staff recommends denial of the request. -3- VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT PUrsuant to Section 9.05 of the Garfield county zoning Resolution .J) on M.Q_ ,Sa..n~ rev f!uJ1 YI t5' (applicant/owners name) request(s) a variance to Section 3.03,.CJ" of the Garfield county zoning Resolution concerning (.L h e>-<.t J j j j • b ·fa fki I'" £,It' t to permit bu.. ;/ J ,\ ~ lN;-/1. in lf / or +4. fC4(h-i) /ihP in the !lfJ! Rl-C- 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. zone district. c. Legal description of site -Copy of Deed of CMnership. D. Practical description of site -including address. ~ Names and addresses of property owners adjacent to or within 200 ft. of the site (available through the Assessor's office) ~' Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. rti~ Narrative explaining why the variance is being requested. ----Y:-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): '!hat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): '!hat such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): '!hat the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; K. A -fee nust be submitted with the application. $.~S-0· 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 'lhursday of each month. 2. You will receive, from the Planning Department, a "PUblic Notice Form• indicating the time and date of your hearing. ~ 3. Notice by publication (of the public notice form) shall be given once in a newspaper /' of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section ~ 9.05.04. (1) ~/4· Notice by mailing (of the public notice form) shall be sent by certified return-receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. section 9.05.04.(2) s gnatures of appl APPLICANT: .J>a,.., rcJ~hc~r"-t:uh11e' o~~z. V MAILING ADDRESS: '~ (1_., • (~, -4,S:(, to the best of my knowledge. and owner) PHONE ?!l.S°"" -(Q </? f G/~wocQ ffr)\.,(),S"" j tJ.tr-k: 9'f'.5-3'ZSJ Cu CMNER:-n-,..-.,...,.'>'"::",.,..,-,,.--,.-::c::::--::t:c::-:cc:-T------'PHONE~---------(if different from above) MAILING ADDRESS: __________________ ·_-~__,,_---......---- 4 - --·· .-· . LI' ...• · . \ \ J_ __ ' ,. ' -,.., ..... -· --· ...... - I I I I I I l I I I I I ' l J ~ ~ J J ' I I I ' ' -"'yl.>v.J1c.lv 1 Coo)!>( 'p~ .,._,,, .. -.~. ) ;7.ui /10 Ii/... Cover" •' •, B ... " ,o• -LP - .·· .. .. " " ROS( BUO ~ ::: C[W[l(RY ~ ' ' ,.., N N " " -N p ' ' . ' • I ' ·, c I DEED OF TRUST I THIS DEED OF TRUST is made this ....• ~~~.t ................... day of ... ~':'.1 '! ..... , ........ , .. , 19 .!!~. , among the Gran tor, •. ll\lN/IJ.,,Q .11, . l<Vl!Nll. AliQ .S~l:HlRt\. J. •.. EliFERT .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (herein "Borrower"), the Public Trustee of ..................... \l/\Jl.F.I.~I:ll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County (herein "Trustee"), and lhe Beneficiary, .....• ·~H'H'.E . ."!Q~~C/~\lll. PP.!1I'.4lf( ................................. , a corporation organized and exislin9 under lhe laws of .............. PP:L.qJ\l\I!Q ...... , ..................... , ....... , whose address is. !t~ ... -.. ~Q~~. ~~:r.e.e.~ • .. !i"1H!'. f P.l ...................................... , ....... . . . . . • . . • . . . • . . Ci~~i:1¥\>f>~ .• S.P.>:~l)g~ 1. P!J.l.C\t:I\<!<?. ~HiP.l ................... (herein "Lender"). BORROWER, In consideration of the Indebtedness herein reciled and lhe lru•t herein created, Irrevocably grants and conveys to Trusley in trust, wilh power of sale, lhe following described property located in the County of ••••••••••••• <;Jf>.R.F. .~~I? ..................... , State of Colorado: A tract of land situated in the NE\SE\ of Section 21, T. 6 s., R. 89 w., 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21 bears N. 33°39' E. 952.l feet; thence S. 76°6 1 E. 185 feet; thence s. 9°31 1 E. ~O feet; thence N. 88°21 1 W. 173 feet to the Easterly line of the County Road; thence N. 9°31 1 W. 80 feet along the Easterly line of said County Road to the point of beginning. 0162 County Road 156, Glenwood Springs which has the address of ......•.................................... , ............................ , (Sheet) (C1t1) Colorado .. ~.1.6.~~ ...••............ .'.(herein "Property Address"); (lip Codel TOGETHER with all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the properly covered by this Deed of Trust; and all of the foregoing, together with said properly (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property"; To SECURE lo Lender lhe repayment of lhe indebtedness evidenced by Borrower's note dated ........•........ . . J.'!~Y. . ~~ 1. ~.9.8.~ . . . . . . . . . . . . . . . . and extensions and renewals thereof (herein "Note"), in the principal sum of U.S. S ~? 1 ~PP.•.qq ...................• with interest thereon, providing for monthly installments of ~irincipal and Interest, with the balance of the Indebtedness, if not sooner paid. due and payable on .. ?>~l!.u.s,t; .~ ! . !?? .......... ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the cove!'ants and agreements of Borrower herein contained. Borrower covenants that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property Is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances ofrecord. UNIFORM CoVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and lutereat. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. COLORADO-t10Mc 1MPROVCMCNt-t 180-FMMA111ttMt UNIFORM 1Msnuu1M1 ~1 - 2. Funda for Taut and l111urance. Subject lo applicable law or a wrillen waiv•,.-by Lender, Borrower shall pay 10 I.ender on the day monthly payments of principal and interest are payable under the Note, until the Note Is paid in full, a sum (herein "Funds") equal lo one-twelrth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any), which may attain priority over this Deed of Trust, and ground rents on the Properly, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Bortower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust ifsuch holder is an Institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an Institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay uid taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analy-ting said account or verifying and compiling said assessments and bills, unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly Installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay lo Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. · Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Properly or Its acquisition by Lender, any Funds held by Lender al the time of application as a credit against the sums secured by this Deed of Trust. 3. Application of Paymenta. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgagea and Deeda of Trwt1 Cbargea1 Llen1. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants lo make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Hazard ln1urance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and In such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall Include a standard mortgage clause In favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. If the Property Is abandoned by Borrower, or if Borrower falls to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the Insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preaervatlon and Malntenauee of Propert11 J,euebolda1 Condomlnlum11 Planned Unit Developmenta. Bor· rower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust Is on a unit In a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender'• Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburs~ such sums, Including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such tin1e as the requirement for such insurance tcrn1inates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional Indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. lnapcctlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest In the Property. . 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation.or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agree- ment with a lien which has priority over this Deed of Trust. to. Borrower Not Releued1 Fo1bearance By Lender Not 1 W alver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor In Interest of Borrower s~all not operate to release, in any manner, the liability of the original Borrower and Borrower's successors -i- ]) 0162 County Road 156 (Old Cardiff Bridge Road) An 850 square foot home with a one car garage on one level. The lot is a narrow and long ,25 acres. South and adjacent to the proposed addition is the neighbors (Glen Wyckoff 0142 County Road 156) driveway. The driveway is approximately 7' wide. Beneath this driveway is the cities sewer line. There is a 15' easement from the center line of the sewer line on each side. The 15' easement on our side of the sewer line rune approximately l' onto my property. A natural gas line rune across our property approximately 5' behind the porch off the back of our home. The sewer line which connects our home to the city sewer runs parrallel to the natural gas line approximately another foot behind the gas line. Please see attachment A. ,. ' E Glenn Wyckoff 0142 county Road 156 Glenwood Springs, co 81601 Dr, Kelly 0124 County Road 156 Glenwood Springs, co 81601 Ed Rosenberg 0176 County Road 156 Glenwood Springs, co 81601 Alan Seaver 0189 County Road 156 Glenwood Springs, co 81601 Tim Walker 0167 County Road 156 Glenwood Springs, co 81601 Eddie Bean 0171 County Road 156 Glenwood Springs, co 81601 -10- r on the city water and sewer system, Use natural gas for heating. -\ \- '. & -------~-------.. --- __ ,. -· -Id.- Our home has 850 square feet of living space. We are a family of three with plans to have a second child. We wish to build an addition onto our home to give us ~ore living space. The planned addition is to expand the current one car garage to a two car garage, and add two bedrooms and a bathroom. There are two ways we can add on to our home. One way is to add an addition off the back of the house and the other is to add the addition off to the south of the house. There are three reasons why we want to add the addition off to the south of our home • This will require a variance to build within four feet of our property line. The three reasons ares •• The addition off to the south will fit in much better with the exisitng design of our house. The garage is attached to the south part of the house. We wish to extend the width of the garage seven feet and extend the length of the garage ten feet. This will give us a two car garage and the additional storage we are sorely lacking. We would build the two bedrooms and the bath above the garage. This design ties in nicely with the current roof line of the house. Building off the back would require a flat roof line(not desirable because of potential leakage problem~or a total re-design of the existing roof line. Building off th, back would also require re-building the garage and the garage would not be attached to the house. •• To build a two car garage, two bedrooms and a bath it is substantially less expensive to build off the south of the house than it would be to build off the back of the house. In fact we would not be able to afford the addition if we were forced to build off the back. ** If we build off the back of our house we would need to re-locate the existing natural gas line and the sewer line that runs five feet behind the house. \3- NR/RD --Agricullural/Residenlial/Rural Density 3.02.06 3.02.06 3.02.07 3.02.08 3.03 3.03.01 3.03.02 3.03.03 3.03.04 3.03.0S 3.03.06 3.03.07 Minimum Setback: (1) Fronl yard; (a) arterial slreels: seventy-five (7S) feet from slreel centerline or fifty (50) feet from front lol line, whichever is greater; (b) local slreels: fifly (50) feet from street centerline or twenty-five (25) feel from front lot line, whichever is grea ler; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feel from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. Maximum HeichL of Byildin~: Twenty-five (25) feel. Additional Requirements: All uses shall be subject lo lhc provisions under Section 5 (Supplementary Regulations). R/LJSD --RESIDENTIALJLIMITED/SUBURBAN DENSITY Uses, hy rich!: Single-family dwelling and customary accessory uses, including buildings for sheller or enclosure of animals or properly accessory Lo use of lhe lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features; park. Uses, copdiljopa): Church, community building, day nursery and school, home occupation. Uses, specil!J: Two-family dwelling, row house, studio for conduct of arts and crafts, waler impoundments, utility lines, guest house. (A 81-145; 81- 263; 86-09) Minimum l..ol Arca: Twenty thousand (20,000) square feel and as further provided under Supplementary Regulations. Maximum J.ol Coveral:l': Twenty-five percent (2S% ). Minimum Sethill: (I) Front yard: (a) arterial slreels: seventy-five (75) feel from slreel centerline or fifty (SO) feel from front lol line, whichever is greater; (h) local strccls: l"ifly (SO) feel from slrecl centerline or twenty-five (25) feel from front lol line, whichever is greater; (2) Rear yard: Twenty-five (25) feel from rear lol line; (3) Side yard: Ten (10) feet from side lol line or one-half (1/2) lhe height of the principal building, whichever is greater. Maximum Height of Buildin~: Twenty-five (2S) feel. -14- June 2, 1992 Don and Sandra Kuhns 0162 C.R. 156 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL Glenwood Springs, CO 81601 RE: Variance Request-A tract ofland in Section 21, Township 6 South, Range 89Westof the 6th P.M. (see attached legal). Dear Mr. and Mrs. Kuhns: At their meeting on May 28, 1992, the Garfield County Board of Adjustment approved your request for a variance as proposed to allow a minimum side yard setback of four (4) feet on the south side of your parcel. Thanks for your patience through the process. Call me if you have any questions. Sincerely, Andrew C. McGregor Planner ACM/rib 109 8TH STREET, SUITE 303 • 945-8212/625·5571/285·7972 • GLENWOOD SPRINGS, COLORADO 81601 c lnEED OF TRUSTj TllIS DEED OF TRUST ls made this ..... ~~~.t ................... day of ... ~':1~7 ................. , 19 .ll~. , among the Gran tor, .. VP!l/11..D. .Ii, .Ji:Vll!lS. MQ .S!UIVRA L. •.. llFFERl' .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (herein "Borrower"), the Public Trustee of ..................... 9Nlf.l,'l~J?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County (herein "Trustee"), and the Benenclary,. ..... ~fl!!~ . ."!Q~~9~9!l. PPW'.!\?i1 ...............•................. , a corporation organized and exlst1n9 under the laws of .............. PP}...QJV\l?Q .................................... , whose address Is. ~,l ... -.. ~Q~\t. ~tr.e.E\~• .. l?':'H!'. ,2,0.l, ............................................. . • . . • . . . . . . . • . . Cl~~'-:1'!'9!'!1 •. s.P.r;~i:ig~ t. PP.1.o.r:l\~'1. ~ni;p,l, .................. (herein "Lender"). BoRROWER, In consideration of the Indebtedness herein recited and the trust herein created, Irrevocably grants and conveys to Trusley In trust, with power of sale, the following described property located In the County of ............. '?MF. . ~':-'? ..................... , State of Colorado: A tract of land situated in the NEli;SEli; of Section 21, T. 6 s., R. 89 w., 6th P.M., more particularly described as follows: Beginning at a point on the East Quarter Corner the Easterly line of the County Road whence of said Section 21 bears N. 33°39' E. 952.1 feet; thence thence thence thence to the s. 76°6' E. 185 feet; S. 9°31' E. 40 feet; N. 88°21'W. 173 feet to the Easterly line of the County Road; N. 9°31' W. 80 feet along the Easterly line of said County Road point of beginning. 0162 County Road 156, Glenwood Springs which has the address of ......•...•......••.....•..........•...••.. , .........•....•.......••... ., ISb.,tJ !Cit!l Colorado .• ~!.6.~~ ..••..••...•..••. .'.(herein "Property Address"); !lip Code) TOOETill!R with all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender lo collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate If this Deed of Trust Is on a leasehold) are hereinafter referred to as the "Property": To SECURE to Lender the repayment of the Indebtedness evidenced by Borrower's note dated ................ . . . .i:'!~Y.. ~~I. ,l,9,8.~ . . . . . . . . . . . . . . . . and extensions and renewals thereof(hereln "Note"), In the principal sum of U.S.$ HI ~!>fl: .O.~ ................... , with Interest thereon, providing for monthly installments of!frlncipal and Interest, with the balance of the Indebtedness, if not sooner paid, due and payable on .. ~':11l.u.s.~ .~ ! . ~ ?? .......... : the payment of all other sums, with Interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower Is lawfully selsed of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property Is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and wlll defend generally the title to the Property against all claims and demands, subject to encumbrances ofrec:ord. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest Indebtedness evidenced by the Note and late charges as provided In the Note. COLORllDO-HOME IMPROYEMEHT-1/80-lftllWIHLMCUftllOlM lftSTlUMUT p PUBLIC NOTICE TAKE NOTICE that Don and Sandra Kuhns 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: A tract ofland situated in the NE%SE%ofSection 21, T6S, R89W of the 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21 bears N 33°39' E. 952.1 feet; thence S. 76 • 6' E. 185 feet; thence S. 9° 31' E. 40 feet; thence N. 88 • 21' W. 173 feel to the Easterly line of the County Road; thence N. 9°31' W. 80 feel along the Easterly line of said County Road to the point of beginning. Practical Description: Located on C.R. 156 olT Midland near the old CardilT Bridge in Glenwood Springs. Said Variance application is to allow a reduction in the required side yard setback areas on the above-described property. All persons a!Tected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally 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 properly owners and others a!Tected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of8:00 a.m. and 5:00 p.m., Monday through Friday. I Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E LIST OF EXHIBITS Kuhns Variance Request Proof of Publication AdjacenUwithin 200 feet landowner's notice Staff Comments Wycoff Jetter dated 5-28-92 Seaver letter Z"' • I '':~.;.',·.··: ,.:;::''',:11~--t --~··· < .., ..... . • • , .. "o • .. o. ' ' ',,\ I ~~ ' ·, .. ' .,; >- ~ CEMETERY g $ ~ ~ ROSEBUD ,.,.. ... / ~ ~I • A,.·1 ·. ' @ "'~ ~o 0 >.... • ' ' ' \ ··. I 1_. ... .... '1. ~· ·~ ~~ ~ '- • ~ . ' i ~~' --~ Pl.8.~~~-0~'"' ~:. 'N<li. ·NC1nCEirli.0on.i&I. ·-.. z:=.:.. . .... ~21mg-d~ .• ---~togrwit•ttl::l* .... ilDUik , ... .. ~----.......... Cll-GlrfiMd.9119_d~tMll: ', ~ ~o.; .,.i;,.A-ncial '*";.~ .. .:-HE,, 4SE"'4dSecllon21. TeS.'flllflWdl••• P:M::11ow ___, ___ :Boglnnlllg•-on ""*~"'"'""'"""""'--... --a.tS.Cornrilr lllld 9IClb'I :n-.. N 33"9'-E. ·092.TMwl,lrtlriw-S. 79"S'E. flls1illt:1hencltS.9"31' E.40'9el:;thenc9N. 88"21' W. 173flettothee.......,. ,.,...._Counlr--r.11·w.--... _.,. .. _Coun1y_to_ ..... """"9-. _......_,,,_..,,CA*""- "-1fie_dd.c;::.e&rfdg9tr Gf 'S; ...... , -VhrlCO-riiirDirr.....,.,, .. -~--F , Onttw•r:ii·~ =~~ Al~~-~ ... BJ...4-·; -i. -~.iWioe..,,.. tionft....,toCIPllllt ................... ~ or 'J V ·1ywQl'ln1* J ,,...__lilJ•..udl '-Ing._,.._.,._.,..._.,_, _,,..._........, .. _,,,_ --•OloZoriogllOl(dd_ .. gMt_ • 5 -.................. -..... ... PIOPMJ'dlii'MtllndCllher.-~7 ...... . 10 gnn or.,.,. tr.,.... ... -119 Vlrlltnca. TNt v.-ice~naybe••• illHld:albbr .. Planl*'g 01:a••··· kJctmd;. -· ..... Sule -·-Counly~-....... __ .,._ .. __ _,..., ....... ......,-.,,,._. ·•. ' .. . . ThMPIMC~tk-ai J'. 5 ';~b.erte.it-b ...... daj'.,..,;1-.ilfl0h6wd_,,,... .... ....... ll01""'ng -.. ...,_..., _ 301, -Caunly~ ... ---Spmgs.Oolcndo. ....... Ct IUMf.. -Oounly ·~May 11, 1992h .. GWnwoodPoet. PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIEW. SS. ~·••T"" A.. N2 23416 I, ............................. ~!?.P..~.E.~ .... ISE.~.<:: .. k..!.<:>.'!' ........................ do solemnly swear that I am .................... l'.M.P..l . .i..s.b.i;:.r.. .................................. of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-t\vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-elass matter under the prvvisions of the Act of March 3. 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements Vi.1ithin the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of ....... L .... consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated .... !:f.?.Y. ..... P .................... .A.D .. 19 ... 9.} .. ., and the last publication of said . . h . f "d da d May 11 .AD notice was in t e issue o sat newspaper te ........................... . ., 19 .... 9.) .... In witness whereof I have hereunto set my hand this ...... 1.1.t.h .. . ..., "'·-······-11.,L.. .. _····-·····~ ............ ~~=::::;.= ................. . Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado. this ............. P .. tli ............... day of ... _.,.,.....,...11.?..Y. ................................. A.D., 19 .. 9.L ... . """ .. . ... ,~ 'VY\ d ~~:~~;;;;:,;;_;.~ ........ 5k\c._. ........... ~····· ... ························ " .-..'\•' "•,;""1' ~ N ry Public ":...-.. _,, ~ ,.-"\ - it ~"'~;'~~~;~~~;~res .. : .. ~~'. ... "'. .. ~~.;:~;::: .. <.,;:?.:::c .. :•.:,-::.: .. c2z ... ;_ .. ::?:?.:'J.. •••• • , ..., '° "" \ '""'u·# ".' ... ~ \'"" ,,co i -.,r,._o• ~\,.~ c"-~ ~~ ~ -~ .~cr..~i~~'Glenwood Springs, CO. 81601 ll'-o-r.f"\\: ......... ~ r. r-v"" \\\'w 1"'11m1111l'~1 "' ~ ! ~ .., 8 l!l & ~ fr -----·~ --¥..C:-t·ffif>IT"-ri;---1------------------------p 854 146 211 { RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNAT10NAL MAIL (See Reverse) 8 E!'dll'ie Bean P.0. State and ZIP Code Glenwood Springs, CO 1 Postage Cert1tied Fee Special Delivery Fee r Aeslr1cted Delivery Fee Return Rei-e1pt showing to whom and Date Delivered TOTAL Postma s '1' p 854 146 210 I RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) &fltl! Walker Street and No 6 P.Q.. State ao<t..ZI~ Godo CO u1enwood :springs, Pos!age Special Delivery Fee ~ Restricted Delivery Fee Aelurn Re~e1p! showing to whom and Date Delivered s I p 854 146 209 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT fOR INTERNATIONAL MAIL {See Reverse) 'il:'.l'a'h Seaver Street and No 0189 C.R. 156 'G<j_. State ana zig Code enwoo prings, co 8160 Postage s .29 Cert1!1ed Fee 1.00 Special ~ellvery Fee Restricted Delivery Fee Return Rece1p! showing to whom and O~ p~i:-ered. 1 nn Relurn Rece ~:"'""~~ ~ Oa!e, andt.+< s.ol Oehv ' TOTAL '""' oe and(~fes s 2.29 ;~: (') Postmark oi~~ e ~,,,:)...__, - Ufa'O --- I ~ p 854 146 208 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) st';! to Rosenberg Street and No 0176 C.R. 156 P d1_· State an'!tZIS Codf enwoo pr ngs, co 316 Postage s -0 CerM1ed Fee 1.0 Special rielivery Fee Restricted Delivery Fee Return Rec\:!1pt showing to whom and Da~~Qrhve:ed , "' Return Re2't! 9howl6 ~~~· Date. and . , . _lr_ygs ·01 el . . TOT AL "fi~e and f'."ees \ ~ s 2. 2t ' .. ·· j .. Poslmar °',~"·';·_;) '\ .. ) l, " <.-. ~· .,. .. -,\) \.• l"'~' l •' ..... .,, .. ,_,, .. ~ .... 1 ; "' .. ~ ~ c " ., ~ ! le ' p 854 146 207 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT fOR INTERNATIONAL MAIL (See Reverse) Si:.nt to vr. Kelly Street and No 0124 C.R. 156 P .0.. State and21e8 codl ~ienwooa pr ngs, CO Postage s Special D$1ivery Fee Res!ncted Delivery Fee Return Rect-1pt showing to whom and Date Delivered s Postmark 816 1 .29 1.00 1.00 2.29 !! " ., • p 854 146 206 ~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) sm_10 enn Wyckoff Stree! and No 0142 C.R. 156 P Bl State andcflFSCodi enwoo pr ngs , co 816 Pos!age s .20 Cert1f1ed Fee 1.00 Special D_:hvery Fee Aestnc!ed Delivery Fee Return Recf1pt showing to whom and Date Delivered 1 00 Return Receipt showing to whom. Date, and Address of pe11very TOTAL Post~a"Of'Jil/N,~ 5 2.29 .9.., _ .... Q "·~·~ ~w . .;: '092 (') 7.: '1CJ 0 "'' :;-., --() C• ns,'? 1 • • BOA 5/28/92 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER/SEWER: ACCESS: Variance from Section 3.03.06(3)- Minimum Setback -R/L/SD Zone Don and Sandra Kuhns A tract of land located in the NE SE of Section 21, T6S, R89W of the 6th P.M.; located on C.R. 156 off Midland near the Old Cardiff Bridge in Glenwood Springs. The site consists of .25 acres. City of Glenwood Springs Driveway onto C.R. 156 I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in the Glenwood Springs Urban Area of Influence as identified on the Comprehensive Plan Management Districts map. II. DESCRJP'fION OF THE PROPOSAL A. Site Description: The subject property is currently developed with a single family residence with an attached garage. The residence is located towards the front of the property with a large level yard, east of or behind the residence. Along the south property line is a city sewer line easement, which extends onto the subject property approximately one (1) foot (see enclosed site plan). B. Request: The applicants are requesting a variance from the required ten foot (10') side yard setback to allow the addition to the existing garage with second story bedrooms and baths. The encroachment would require a variance from the 10' setback to roughly four feet (4') of the property line (see exhibit G - Building Plans on page ). 111. MAJOR ISSUES AND CONCERNS 1. Section 3.03.06(3) Minimum Setbacks -R/L/SD requires a side yard setback of 1 O' from side lot line or one-half (%) the height of the principal building, whichever is greater (see enclosed on page ). 2. In the application, the applicants have stated three (3) reasons necessitating the variance. The proposed addition on the south side of the house will fit better -\- • • with the existing design of the home, the proposed design is less expensive than an alternative off the back of the house, and an addition off the back would require relocation of sewer and natural gas lines (see exhibit Hon page ). 3. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property," the Board may authorize a variance. In addition, the Board must also find: A. That the variance granted is the minimum necessary to alleviate such practical difficuities or undue hardship upon the owner of said property; and 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; and C. That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and D. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. 4. The subject lot is not exceptionally narrow, shallow or unusually shaped. The lot is rectangular shaped with dimensions of roughly 80' x 180'. 5. The "hardship" in meeting the setback requirements appears to be a result of the orientation of the home as it sits on the lots. Because the house does not parallel the lot lines, more area is consumed than the minimum necessary. Additionally, the applicant has stated that by meeting the setback requirements, the project would be too expensive to develop. Neither expense or design considerations are contemplated in Section 9.05.03. 6. There are no topographic conditions or extraordinary and exceptional situation or conditions of the property. A garage could be developed elsewhere on the property. Locating a garage to the rear of the residence would require relocating sewer and gas service lines. III. SUGGESTED FINDINGS 1. That the application for Variance was not found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. • • IV. RECOMMENDATION Staff feels that the circumstances do not warrant the granting of a variance. While the applicant may not be able to construct a two-car garage as requested, some developable area remains on the lot where a garage could be constructed. Unfortunately, the original siting of the residence on the lot did not contemplate the addition of a garage. Therefore, staff recommends denial of the request. -3- • VARIANCE APPLICATION • GARFIELD COUN'l'Y ZONING BOARD OF ADJUSTMENT PUrsuant to section 9.05 of the Garfield county zoning Resolution ~~"'-"o~~Wl::..!.~:,,__.:..Z._a..ri-,...&--"-r_cc, _ _,_Af~u_...:c;..h'-n-'-,Y-----------~ applicant owners name) request(s) Resolution a variance to section 3'. 0 3 · DG, of the Garfield county Zoning concerning 0-h ""'{ J j J j • b ·fa j).e; r bu• t. to permit bu.. ;/ J ; I-..') w;-11-. in lf / o\= Jk pr6(et-1) /i1w in the !I.fl! SI-~ SUBMITTAL REJ)}UIREMENTS: A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity map: showing general geographic location. zone district. c. Legal description of site -copy of Deed of ownership. o. Practical description of site -including address. ®Names and addresses of property owners adjacent to or within 200 ft. of the site (available through the Assessor's office) @~ Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. ,---1i;':) 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 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): 'Ihat 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): 'Ihat 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 -fee must be submitted with the application. $~S-O· PRCCEDURAL REJ)}UIREMENTS: 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 th0e 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 I" 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 i format· on to the best of my knowledge. -J.;.~~µ:.i..._,...._~.::::--~~~~~~ 2) s gnatures of appl APPLICANT: .+>an 'f ~~'hc~ya... Kub >le' 0~~2. v MAILING ADDRESS: ,~ (1,, • ~t-4.s-(i Gl'<.hwooQ f{Pr1~,s,. j OWNER:-rr,....,,..,....,~~:-r--c::-==:--=i::"::":'.:-::-T-~-~.-oPHONE_~---~·~~-~~ (if different from above) MAILING ADDRESS: ________________ ._-~_.,_·--·-~· ,..--- -4 - • • ' ,_I 0 .J -~ 1--.. l.. ~ l,..) t<) ' ~ -8 -JC . .,. ~ ' '~ ' •, ( (' --c-. ~. ~ A-,,.'• __ J.-..-______ _ ----------- ;.I. f/o.!il /1a/'(.. G.>vt!t"' • '· • ..... •' ... • '·, .....---...,, '~ :.::.·:_:.,1 a ·~' "· ' " N N . n " -N ~ c c 0 v -( I .• I : . ·;·:i .... c • IDEED OF TRUST' • THIS DEED OF TRUST is made this ..... ?~~.t ................... day of ... ~!'~ Y ................. , 19 .IH. , among the Gran tor, .. llPNflJ..D. .ti, .1'<Vl1Nl>. AliQ .SWllM i:. •.. EliFERT .......................... . . . . • . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (herein "Borrower"), the Public Trustee of ..................... ~/\!J..F.I.~I:I!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County (herein "Trustee"), and the Beneficiary,. ..... ~n!'l.E. ~q1r1;q.,.9jl, PP.!1f'..-\lf{ ................................. , a corporation organized and exist1n9 under the laws of .............. PP.L.~l\i\llQ .................................... , whose address is.;}, .. -.. ~Q~t>. !>H".e.e.t_. .. ~\IH!' . .2P.l .............................................. . . . . . . . . . . . . . . . <l~~l)'\"9!'!1 .. S.P,i;~l)g\l,. Pp.l.qi;'l<!'I. ~JPP.l ................... (herein "Lender"). BoRROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustey in trust, with power of sale, the following described property located in the County of ............. ~f'.~F'. . ~1:1? ..................... , State of Colorado: A tract of land situated in the NEli;SEli; of Section 21, T. 6 S., R. 89 w., 6th P.M., more particularly described as follows: Beginning at a point on the East Quarter Corner the Easterly line of the County Road whence of said Section 21 bears N. 33°39' E. 952.1 feet; thence thence thence thence to the s. 76°6' E. 185 feet; S. 9°31 1 E. 40 feet; N. 88°2l'W. 173 feet to the Easterly line of the County Road; N. 9°31 1 W. 80 feet along the Easterly line of said County Road point of beginning. . 0162 County Road 156, Glenwood Springs which has the address of •............................•............. , .............•..........••. ., (Sheet) (Cit1) Colorado .•. 8.1.~~~ ...•.....•.•....• .'.(herein "Property Address"); (!op Code) TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as t~e 11 Property''; TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note date<! ................ . . . ~'!~:(. ~~l .. 1,9.~~ ............•... and extensions and renewals thereof(herein "Note"), in the principal sum of U.S.$~~ 1 ~!>!>.· ,qq ....... , ........... , with interest thereon, providing for monthly installments of frincipal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on .. ~!'ll.u.s. ~ . ~ ! . ~ ?? .......... ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property Is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances ofrecord. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prlnclpal and lutereot. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. COLORADO-ttOME IMPROVEMENT-1/80-INllAIRILllC UNIFORll INSIRUlllNT l. Fund& for Tuu and b11ur •• Subject lo applicable law or a written wa.y LA:nder, Borrower shall pay 10 LA:nder on the day monthly payment. of principal and interest are payable under the Note, until the Note Is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any), which may attain priority over this Deed of Trust, and ground rents on the Property, If any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for n1ortgage insurance, if any, all as reasonably esthnated initially and from time to tilne by LA:nder on the basis of assessments and bills and reasonable estimates thereof. Bortower shall not be obligated to make such payments of Funds to LA:nder to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust lhuch holder is an institutional lender. If Borrower pays Funds to LA:nder, the Funds shall be held in an institution the deposits or accounts of which are Insured or guaranteed by a Federal or slate agency (including LA:nder If LA:nder is such an Institution). LA:nder shall apply the Funds to pay said laxes, assessments, Insurance premiums and ground rents. LA:nder may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessment. and bills, unless LA:nder pays Borrower Interest on the Funds and applicable law permits LA:nder to make such a charge. Borrower and I.ender may agree in writing al the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, LA:nder shall not be required to pay Borrower any interest or earnings on the Funds. LA:nder shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by LA:nder, together with the future monthly installments of Funds payable prior to the due dates of laxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said Ines, assessment., insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by LA:nder shall not be sufficient to pay taxes, assessments, Insurance premiums and ground rents as they fall due, Borrower shall pay to LA:nder any amount necessary to make up the deficiency in one or more payments as LA:nder may require. · Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by LA:nder. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by LA:nder, LA:nder shall apply, no later than immediately prior to the sale of the Property or its acquisition by LA:nder, any Funds held by LA:nder at the time of application as a credit against the sums secured by this Deed of Trust. 3. Application of Payment1. Unless applicable law provides otherwise, all payments received by LA:nder under the Note and paragraphs I and 2 hereof shall be applied by LA:nder fin;t in payment of amounts payable to LA:nder by Borrower under paragraph 2 hereof, then to Interest payable on the Note, and then to the principal of the Note. 4. Prior Mortaagu and Deed& of Truat1 Cbargu1 Ueno. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, Including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. S. Hazard ln1urance. Borrower shall keep the improvements now existing or hereafter erected on the Properly insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and In such amounts and for such periods as LA:nder may require. The Insurance carrier providing the insurance shall be chosen by Borrower subject to approval by LA:nder; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to LA:nder and shall Include a standard mortgage clause in favor of and in a form acceptable to LA:nder. LA:nder shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and LA:nder. Lender may make proof of loss if not made promptly by Borrower. If the Property ls abandoned by Borrower, or if Borrower falls to respond to LA:nder within 30 days from the date notice is mailed by LA:nder to Borrower that the insurance carrier offers to settle a claim for insurance benefits, LA:nder is authorized to collect and apply the Insurance proceeds at LA:nder's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preoervatlon and Maluteuauce of Propertn Leueboldo1 Coodomlnlum11 Planned Unit Developmenl1. Bor- rower shall keep the Property In good repair and shall not commit waste or permit Impairment or deterioration of the Property and shall comply with the provisions of any lease If this Deed of Trust Is on a leasehold. If this Deed of Trust Is on a unit In a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protecllon of Leuder'• Security. If Borrower fails lo perform the covenants and agreements contained in this Deed of Trust, or If any action or proceeding Is commenced which materially affects LA:nder's interest in the Property, tl1en I.ender, at Lender's option, upon notice lo Borrower, may make such appearances, disburse such sums, including reasonable attorneys' foes, and take such action as is necessary to protect LA:nder's interest. If LA:nder required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and LA:nder's written agreement or applicable law. Any amounts dlsbun;ed by I.ender pun;uant to this paragraph 7, with Interest thereon, al the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and LA:nder agree to other term• of payment, such amounts shall be payable upon notice from LA:nder to Borrower requesting payment thereof. Nothing contained In this paragraph 7 shall require I.ender to Incur any eipense or take any action hereunder. 8. ln1pecllon. LA:nder may make or cause to be made reasonable entries upon and Inspections of the Property, provided that LA:nder shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to LA:nder's interest In the Property. . 9. Condemnallon. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation.or other taking of the Property, or part thereof, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid to LA:nder, subject to the terms of any mortgage, deed of trust or other security agree- ment with a lien which has priority over this Deed of Trust. to. Borrower Not Rtleued1 Fotbearanee By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by LA:nder to any successor In Interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successon; -i- • • ' 0162 County Road 156 (Old Cardiff Bridge Road) An 850 square foot home with a one car garage on one level. The lot is a narrow and long .25 acres. South and adjacent to the proposed addition is the neighbors (Glen Wyckoff 0142 County Road 156) driveway. The driveway is approximately 7' wide. Beneath this driveway is the cities sewer line. There is a 15' easement from the center line of the sewer line on each side. The 15' easement on our side of the sewer line runs approximately l' onto my property. A natural gas line runs across our property approximately 5' behind the porch off the back of our home. The sewer line which connects our home to the city sewer runs parrallel to the natural gas line approximately another foot behind the gas line. Please see attachment A. C\- 1' • • E Glenn Wyckoff 0142 County Road 156 Glenwood Springs, co 81601 Dr, Kelly 0124 County Road 156 Glenwood Springs, co 81601 Ed Rosenberg 0176 County Road 156 Glenwood Springs, co 81601 Alan Seaver 0189 County Road 156 Glenwood Springs, co 81601 Tim Walker 0167 County Road 156 Glenwood Springs, co 81601 Eddie Bean 0171 county Road 156 Glenwood Springs, co 81601 -10- • • F On the city water and sewer system. Use natural gas for heating. -\ \- • • ' . G--~---- 0 . I~- • • Our home has 850 square feet of living space. We are a family of three with plane to have a second child. We wish to build an addition onto our home to give ue more living space. The planned addition ie to expand the current one car garage to a two car garage, and add two bedrooms and a bathroom. There are two ways we can add on to our home. One way is to add an addition off the back of the house and the other ie to add the addition off to the south of the house. There are three reasons why we want to add the addition off to the south of our home • Thie will require a variance to build within four feet of our property line. The three reasons are: •• The addition off to the south will fit in much better with the exieitng design of our house. The garage ie attached to the south part of the house. We wish to extend the width of the garage seven feet and extend the length of the garage ten feet. Thie will give us a two car garage and the additional storage we are sorely lacking. We would build the two bedrooms and the bath above the garage. Thie design ties in nicely with the current roof line of the house. Building off the back would require a flat roof line(not desirable because of potential leakage problem.;\ or a total re-design of the existing roof line. Building off th, back would also require re-building the garage and the garage would not be attached to the house. •• To build a two car garage, two bedrooms and a bath it is substantially less expensive to build off the south of the house than it would be to build off the back of the house. In fact we would not be able to afford the addition if we were forced to build off the back. •• If we build off the back of our house we would need to re-locate the existing natural gas line and the sewer line that rune five feet behind the house. \3- • • NR/RD --Agricullural/Residenlial/Rurnl Density 3.02.06 3.02.06 3.02.07 3.02.08 3.03 3.03.0l 3.03.02 3.03.03 3.03.04 3.03.05 3.03.06 3.03.07 Minim.1m1 Setback: (l) Front yard; (a) arterial slreels: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feel from street centerline or twenty-five (25) feel from fronl lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lol line, or one-half (1/2) the height of lhe principal building, whichever is greater. M.nfilllll!m.Jkight of Building§: Twenty-five (25) feet. Additional Requirements: All uses shall be subject lo the provisions under Section 5 (Supplementary Regulations). R/USD --RESIDENTIAl)LIMITED/SUBURBAN DENSITY Uses, by rigll1: Single-family dwelling and customary accessory uses, including buildings for sheller or enclosure of animals or properly accessory to use of lhe lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features; park. Uses, comlitional: Church, community building, day nursery and school, home occupation. Uses, specifil: Two-fnmily dwelling, row house, studio for conduct of arts and crafts, waler impoundments, utility lines, guest house. (A. 81-145; 81- 263; 86-09) Minilll!llll Jpt Area: Twenty thousand (20,000) square feel and ns further provided under Supplementary Regulations. Maximum J.ol Coverag£: Twenty-five percent (25% ). Minimum Se!hfil: (l) Front yard: (a) arterial streets: seventy-five (75) feel from street centerline or fifty (50) feet from front lol line, whichever is greater; (b) local streets: firty (50) feet from street centerline or lwenly-five (25) feel from fronl lol line, whichever is greater; (2) Rear yard: Twenty-five (25) feel from rear lol line; (3) Side yard: Ten (lO) feel from side lo! line or one-hair (l/2) the height of the principal building, whichever is greater. Maximum Heigh! of Duildinl:§: Twenty-five (25) feet. -IL\- RESIDENTIAL PROPERTY APPRAISAL RECORD CITY OR TOWN SCHEDULE NO. ...., NO. TWP RANGE 2114 6 I 89 NEJOM8MMOOO C00E 1210 8 2 • 0 0 SCMOO\. DIST. "'flOll'E .. , ..... 00o0u~ 0162 156 Road OWNERS NA.ME 900C ~,. ... Cl SAi.ES DATE I CU"o:"S ooo ~:1>Jooc.FEE Kuhns, Donald M. & Effert Sandra L. 07 (31 (84( 653/870 WDI 7.60 UG..,lOU<:.,•r'°"' 6-89 Sic." 21. A tr. of land in the NZ sz lying Erly of co.Rd. cont •• 25Ac 4e9c· •• follow•: Beq. at a pt. on the Er:ty line of CO.Rd. whence the z~ cor. of see. 21 bears N. 33•39• E. g52.1•1 thence s. 76°6' E. 185.0 1 1 thence S. 9°31' E. 40.0'J thence N. 88°21' W. 173.0'I thence N. 9°31' W. 80.0' to the P.O.B. Total: .2SAc. ......... $ ... U 1-79, 522/218, WO 5.63 --"""' 8-73. 448/137, WO 2.14 l ... 1110 008 PARCEL NO. 2185-214-00-012 • LANO LANO VALUE CALCULATIONS .\ ';".~~:}""·!#". f. --;.PP\olCAW OF FACTOM "*'1¥1U'.C-. ~· °'·~ t ATTRleUTO D ... Tf l.Of..zt. coi.o ......... ,l'l{S ... lH e ... SEU•rn ... ... ...OJ BAS TOT ... l ~.n.¢ •. "lllil!GA'hn!LTMOCOllRa.ATIOJll ~ ' ' -""'°' nnf fOllCf v..,lUf '"' , .. ,.., .. ,,,~ '-"""'"-"'''~ '°"""I 1w/lljo I I I I I I I I I I:;.:=:,, ' I "" """"" """""' 1ize Pot~tial V•I.,. Vo. Est. Potential Value S """"''""" .. -·-Oit.T( 1-.o ACfllfSI ~q~,::c",,E l s.o.usnEfEnfNCE$ ~v:;· I,,. ... .,,... .. .... COST APPROACH "'" ll(ta:f;~"._· l #~~~ ~" , ....... 1 "'" '" .... ' AOJ ... llA,~0 VAl\lf/ TOT Al VAUll! """" ..... ""'"" ... ,..., MARKET VALUE IN THE OA09NARY COURSE OF TRADE {TI)TAL. PAOPERTY') ,_,,, ~ .. ll"I ... ll1ml:JfY S IOI sr S.0.<ESllE•EllE..CE ..... ME 0.0 i"i:l'.i VAlUI AOJVAl\J{.~ SU.JECT l'e<50.fl J10••-<& I ""DltVAI ~$0 H ACCESSUHUTY GOOD ~"""' FAIR "'IVATE POOR YEA,R.RO..,,..Or::i::::::::::::::::::::::::::::::::::::::::::::~-i-~~~-i-~~-t~~~l--~~-1-~~~-1-~~-t~~~--1~~~-t-~~~t-~~---1~~~-r~t-~~--ji--~~-t~~---i SEA,SONAL t - - - - UNITED STATES POSTAL SERVICE Offlclel Bu1lne11 • PENALTY FOR PRIVATE USE, •300 GARFIELD COUNTY Print your name, address and ZIP Code here • Garfield County Regulatory Offices & Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 (Andrew) Complete Item• 1 end/or 2 for •dditlon•I Hrvloea. • Complete items 3, end 41 & b. • Print your n•me •nd addre11 on the reverae of thi• form 10 that we cen return thl• cerd to you. • Attech thl• form to the front of the maftplece, or on the beck If apace doe• not permit. • Write "Return Receipt Requeated" on the mailp&ect below the •rtide number • The Return Receipt Fee wnl provide you the eigneture of the perton deliver• to end the date of delive . I also wish to receive the following services (for an extra feel: 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult ostmaster for fee. 3. Article Addressed to: 48. Article Number 6. Ed Rosenberg 0176 C.R. 156 Glenwood Springs, CO 6. Signature !Agent) 81601 p 854 146 308 4b. Service Type D Registered XX Certified 0 llllpress 7. 8. 0 Insured Ocoo PS Form , November 1990 •U.s. OPO: 1001-201..,.. DOMESTIC RETURN RECEIPT ER: • Complete Item• 1 end/or 2 for additional tervloe1. Complete ltemt 3, end 4e & b. Print your neme end eddrets on the reverH of this form so thet we cen return this card to you. I also wish to receive the following services (for an extra fee): 1. D Addressee's Address • Attach thia form to the front of the mellpleoe, or on the beck If space does not permit. • Write ''Return Receipt Reque1ted'' on the mallpleoe below the ertlcle number 2. D Restricted Delivery Consult ostmaster for fee. • The Return Receipt Fee will provide you the 1lgneture of the person deliver• to end the dete of deliver • 3. Anlcle Addressed to: 5. 6. Alan Seaver 0189 C.R. 156 Glenwood Springs, CO 81601 4a. Article Number p 854 146 209 4b. Service Type D Registered JikCertified 0 Express Mail 0 Insured 0 COD D Return Receipt for X' rhni 8. Addressee's Address (Only If requested and fee Is paid) • November 1990 ~u.s. GPO: 1091-287-066 DOMESTIC RETURN RECEIPT R: • Complete Items 1 and/or 2 for additional services. • Complete Items 3, and 4• & b. • Print your name end address on the reverse of thi1 form ao that we can retum this card to you. • Attach this form to the front of the rft111place, or on the back If a~ce doea not permit. • Write ''Return Receipt Requeeted'' on the mallpiece below the article number. I also wish to receive the following services (for an extra feel: 1. 0 Addressee's Address 2. 0 Restricted Delivery • The Return Receipt Fae wlll provkta you the slgneture of the person deffvere to and the data of deliva . Consult ostmaster for fee. 3. Article Addressed to: 4a. Article Number Eddie Bean 0171 C.R. 156 Glenwood Springs, CO 81601 4b. Service Type D Registered 0 Insured Kl Certified 0 COD •U.S. GPO: 1001-2'7-068 DOMESTIC RETURN RECEIPT I GARFIELD COUliTY I ; .EGULATORY OFFICES & PERSOID-."'EU GARFIELD COUNTY COURTHOUSE 109 8TH STREET, SUITE 303 GLENWOOD SPRINGS, CO 81601 -t "'TURI llf&El)(_i'~~ "" llEQUESTEB -0\~ ,, ~ ' ' !.EiU~.i . .:! p 854 146 211 Eddie Bean 0171 CR 156 MAIL p__ v r\ Glenwood 1 Springs, CO 81601 lfri,/'IAJt • , ffE,c·cp i~ ' "·l.f. . ~ ' ,,, . - ' "" .,.,. , -. GARFIELD COUNTY Name 1st ~~.---~1992 2nd r~~\:LC_ '?eturn -- \ PUBLIC NOTICE TAKE NOTICE that Don and Sandra Kuhns 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: A tract ofland situated in the NEV.SEY• of Section 21, T6S, R89W of the 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21 bears N 33"39' E. 952.1 feet; thence S. 76 • 6' E. 185 feet; thence S. 9" 31' E. 40 feet; thence N. 88 • 21' W. 173 feet to the Easterly line of the County Road; thence N. 9 • 31' W. 80 feet along the Easterly line of said County Road to the point of beginning. Practical Description: Located on C.R. 156 off Midland near the old Cardiff Bridge in Glenwood Springs. Said Variance application is to allow a reduction in the required side yard setback areas on the above-described property. All persons affected by the proposed Variance application are invited to appear and slate 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 28th day of May, 1992, at the hour of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County May 6, 1992 Don and Sandra Kuhns 0162C.R. 156 • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL Glenwood Springs, CO 81601 RE: Variance Request Dear Mr. and Mrs. Kuhns: Your application for a Variance to allow a reduction in the minimum side yard setback associated with the R/L/SD zone district has been scheduled for a public hearing before the Zoning Board of Adjustment on May 28, 1992, at 3:30 p.m., in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you or your authorized representative be in attendance. A copy of the enclosed public notice form will be submitted to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. We will contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form will be mailed by certified return-receipt to all property owners within 200 feet of your property on less than 5 days prior to the hearing. All mailings will be completed no later than May 15, 1992, to ensure compliance. The proof of publication from the newspaper, certificates of mailing and return-receipts from the mailings will be submitted by staff, 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 Enclosure 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 ...... · ..... • • PUBLIC NOTICE TAKE NOTICE that Don and Sandra Kuhns 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: A tract ofland situated in the NEV4SEV4 of Section 21, T6S, R89W of the 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21bearsN33 '39' E. 952.1 feet; thence S. 76' 6' E. 185 feet; thence S. 9' 31' E. 40 feet; thence N. 88 '21' W. 173 feet to the Easterly line of the County Road; thence N. 9' 31' W. 80 feet along the Easterly line of said County Road to the point of beginning. Practical Description: Located on C.R. 156 off Midland near the old Cardiff Bridge in Glenwood Springs. Said Variance application is to allow a reduction in the required side yard setback areas 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 lelter, 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 f the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, j Glenwood Springs, Colorado, between the hours of8:00 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application has been set for the 28th day of May, 1992, at the hour of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County ;---,-, :;;,,--T - - -,-- - --::. -:-::; --:---:-,-- - - - - - - - - -·:c ,-- -.-- - ---- - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - -' ' April 10, 1992 Don and Sandra Kuhns 0162 C.R. 156 • • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL Glenwood Springs, CO 81601 RE: Variance Request Dear Mr. and Mrs. Kuhns: Your application for a Variance to allow a reduction in the minimum side yard setback associated with the R/L/SD zone district has been scheduled for a public hearing before the Zoning Board of Adjustment on May 7, 1992, at 3:30 p.m., in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you or your authorized representative be in attendance. A copy of the enclosed public notice form should be submitted to the Glenwood Post or other newspaper of general circulation forpublication onetime, at least, 15dayspriorto the hearing. You should contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified return-receipt to all property owners within 200 feet of your property on less than 5 days prior to the hearing. All mailings should be completed no later than April 31, 1992, to ensure compliance. We recommend mailing the notice as soon as possible. The proof of publication from the newspaper, 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 Enclosure 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 ' • PUBLIC NOTICE TAKE NOTICE that Don and Sandra Kuhns 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: A tract ofland situated in the NEY4SEY4 of Section 21, T6S, R89W of the 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21 bears N 33 • 39' E. 952.1 feet; thence S. 76 • 6' E. 185 feet; thence S. 9 • 31' E. 40 feet; thence N. 88 • 21' W. 173 feet to the Easterly line of the County Road; thence N. 9'31' W. 80 feet along the Easterly line of said County Road to the point of beginning. Practical Description: Located on C.R. 156 off Midland near the old Cardiff Bridge in Glenwood Springs. Said Variance application is to allow a reduction in the required side yard setback areas on the above-described property. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of8:00 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application has been set for the 7th day of May, 1992, at the hour of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • March 19, 1992 Don and Sandra Kuhns 0162C.R. 156 • • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL Glenwood Springs, CO 81601 RE: Variance Request Dear Mr. and Mrs. Kuhns: Your application for a Variance to allow a reduction in the minimum side yard setback associated with the R/L/SD zone district has been scheduled for a public hearing before the Zoning Board of Adjustment on April 9, 1992, at 3:30 p.m., in Suite lOOA, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you or your authorized representative be in attendance. A copy of the enclosed public notice form should be submitted to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. You should contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must bemailed by certified return-receipt to all property owners within 200 feet of your property on less than 5 days prior to the hearing. All mailings should be completed no later than March 31, 1992, to ensure compliance. We recommend mailing the notice as soon as possible. The proof of publication from the newspaper, 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 Enclosure 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 ( • • PUBLIC NOTICE TAKE NOTICE that Don and Sandra Kuhns 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: A tract ofland situated in the NEIASEY• of Section 21, T6S, R89W of the 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21 bears N 33 • 39' E. 952.1 feet; thence S. 76'6' E. 185 feet; thence S. 9'31' E. 40 feet; thence N. 88"21' W. 173 feet to the Easterly line of the County Road; thence N. 9'31' W. 80 feet along the Easterly line of said County Road to the point of beginning. Practical Description: Located on C.R. 156 off Midland near the old Cardiff Bridge in Glenwood Springs. Said Variance application is to allow a reduction in the required side yard setback areas 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 9th day of April, 1992, at the hour of3:30 p.m., at the office of the Zoning Board of Adjustment, Suite IOOA, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • • VARIANCE APPLICATION • GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT PUrsuant to Section 9.05 of the Garfield county Zoning Resolution ~OM lVI~ Sa.n& r<v Kll,hn ,Y (app~ant/owners name) request(s) a variance to section 3. O 3 · 04' of the Garfield county zoning Resolution concerning 0-h .J,J j tiH, ·fu jhej,,. holJ,ft to permit bu. ;/J; \:') wi#.in lf /of ih-fr&f~t-tJ /;Nin the !flP f\J,....C, SUBMITTAL REJ;:!UIREMENTS: A. sketch map: showing all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicinity map: showing general geographic location, zone district. c. Legal description of site -copy of Deed of CMnership. D. Practical description of site -including address. ~Names and addresses of property owners adjacent to or within 200 ft. of the site (available through the Assessor's office) ~~ Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. ~~Narrative explaining why the variance is being requested. '---I." It should be demonstrated by the above information and statements that, • ••• where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, or other extraordinary and exceptional s1tuat1on 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): 'Ihat 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): 'Ihat such relief may be granted without substantial detriment to the public go~and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): 'Ihat 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 -fee must be submitted with the application. $.~S-0· PROCEDURAL REJ;:!UIREMENTS: 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 'Ihursday 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 t" 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) ~f4· 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) curate to the best of my knowledge. signatures of appl APPLICANT: ~"/1 +cYocJ'@--f:J,Yl,Y MAILING ADDRESS: ~ ('.., , fR, 4,s~ PHONE ?)tS" -kJ </ff G/~wdd() !tr)l..¥7' j CMNER: PHONE ~(~i~f-d~i~f~f~e-re-n~t,.....,f~r-o_m_abO....--v-e~)~~~~~ ~~~~~~~~~~ MAILING ADDRESS: _________________ ,,..·~-o.,...-- LJ11~k: ~'l-'S-3'2.SJ Cu A • • - -~ s' ' \' ~____.-'It"" ~ ~-------~ ~ \\ • • I r-1 l I B ... , .. • • .. "u:. I 4 ')' o llQoJ •• ,• , .. ~' .·· '• • ' "' '· . ~;"-I '• ~_, 0 ·. L ,,,,. ,· , ROS( BUD 5 .; C(IJ(T(RT:. ' .. •... c • I DEED OF TRUST I • THIS DEED OF TRUST is made this .... , ~~~.t ...... , ............ day of ... ~~~Y ................. , 19 .1}4 .. among the Granter, .. t>Pll/IUI ,ij, . l.<lJllNS. AAn .S.6.mlM L •.. EEFERT .......................... . . . . . . . . • . . . . . . • . . . • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (herein "Borrower"), the Public Trustee of ..................... 9m 1.l!ltll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County (herein "Trustee"), and the Beneficiary, ....•• ~!'~~.E. Jo!q~'.\'Q4Qi;:. PPXJ!~ ................................• , a corporation organized and exlstin8 under the laws of ...••......... PP~.O.IV\l?Q ......•.......... , .................. , whose address is. ;;i.,, .-. .~Q~ti. ~~;r.e.~~ ... ~\1Hia. ,2,0,1, .............................. , . , . , .......... . . . . . . . . . . • . . . . Cl~'i'9¥!>?!1 .. S.P,:t;j,l}gl' 1. P?.l,q:i;~4'?. ?t~P.l. , , ................ (herein "Lender"). BoRROWER, In consideration of the Indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustey in trust, with power of sale, the following described property located In the County of ............. '?Ml!. . ~I? ..................... , State of Colorado: A tract of land situated in the NEii;SEli; of Section 21, T. 6 s., R. 89 w., 6th P.M., more particularly described as follows: Beginning at a point on the Easterly line of the County Road whence the East Quarter Corner of said Section 21 bears N. 33°39' E. 952.1 feet; thence s. 76°6' E. 185 feet; thence s. 9°31 1 E. 40 feet; thence N. 88°2l'W. 173 feet to the Easterly line of the County Road; thence N. 9°31 1 w. 80 feet along the Easterly line of said County Road to the point of beginning. which has the address of.,,, ..• ~~~.2. .~~':1~~~. ~?.a.~.~~~!.?~~~~".".~, ~~~~~·g·s· ......... ,., .......... .. [Street I [City J Colorado .. ~.1.~~~ ................. .'.(herein "Property Address"); [Zip Code) TOOE'IHER with all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property"; To SECURE to Lender. the repayment of the Indebtedness evidenced by Borrower's note datea ........•........ , :1:'!~Y.. ~~ 1. ;t.,9.~~ . . • . . . . . . . . . . . . . and extensions and renewals thereof(herein "Note"), in the principal sum of U.S. S ~-? r ~!>!>:.QQ ................... , with interest thereon, providing for monthly installments of!frlncipal and interest, with the balance of the Indebtedness, if not sooner paid, due and payable on .. ~~.i:.u.s,t; , ~ ! , ~ ?? .......... ; the payment of all other sums, with Interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower Is lawfully selsed of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property Is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM CoVENANTS. Borrower and Lender covenant and agree as follows: 1. Pa,...eat of Prlnclplll and lntereet. Borrower shall promptly pay when due the principal and interest Indebtedness evidenced by the Note and late charges as provided in the Note. COLORADO-HOME IMPROVEMENT-1/80-FNllA/FHUIC UNIFOlll INSTIUllENT --------------- / ----------- - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------- 2. Funcll for Taxee and lnlar!. Subject to applicable law or a written wa,by Lender, Borrower shall p;y 7o. • Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one·twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any), which may attain priority over this Deed of Trust. and ground rents on • the Property, if any, plus one'lwelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium·lnstaiiments for mortgage Insurance, if any, ail as reasonably estimated Initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Bortower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust lfsuch holder Is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that Interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made •. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, Insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fail due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. · Upon payment In full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than Immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 3. Appllcatlon of Payments. Unless applicable law provides otherwise, ail payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first In payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortpgee and Deeds of Truat1 Charsee1 Llen1. Borrower shall perform ail of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and Impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Hazard lnlurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. Ail insurance policies and renewals thereof shall be in a form acceptable to Lender and shall Include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of toss If not made promptly by Borrower. If the Property Is abandoned by Borrower, or If Borrower fails to respond to Lender within 30 days from the date notice is malled by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender Is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6 •. l'nlenatlon and Malnten ... ce of Propen,1 Leueholcll1 Condomlnhum1 Planned Unit De•elopmenta. Bor· rower shall keep the Property in good repair and shall not commit waste or permit Impairment or deterioration of the Property and shall comply with the provisions of any lease If this Deed of Trust is on a leasehold. If this Deed of Trust Is on a unit In a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender .. Secarl(J. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or ifany action or proceeding Is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance In effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained In this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. lnlpectlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest In the Property. . 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation. or other taking of the Property, or part thereof, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agree- ment with a lien which has priority over this Deed of Trust. 10. Borrower Not Rei-ed1 Forbearance B7 Lender Not a Wlll•er. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors ----------------- ---------- - - - - ------ - - • • • • 0162 county Road 156 (Old Cardiff Bridge Road) An 850 square foot home with a one car garage on one level. The lot is a narrow and long .25 acres. South and adjacent to the proposed addition is the neighbors (Glen Wyckoff 0142 County Road 156) driveway. The driveway is approximately 7' wide. Beneath this driveway is the cities sewer line. There is a 15' easement from the center line of the sewer line on each side. The 15' easement on our side of the sewer line runs approximately l' onto my property. A natural gas line runs across our property approximately 5' behind the porch off the back of our home. The sewer line which connects our home to the city sewer runs parrallel to the natural gas line approximately another foot behind the gas line. Please see attachment A. • • E • Glenn Wyckoff 0142 County Road 156 Glenwood Springs, co 81601 Dr, Kelly 0124 county Road 156 Glenwood Springs, co 81601 Ed Rosenberg 0176 County Road 156 Glenwood Springs, CO 81601 Alan Seaver 0189 County Road 156 Glenwood Springs, co 81601 Tim Walker 0167 County Road 156 Glenwood Springs, co 81601 Eddie Bean 0171 County Road 156 Glenwood Springs, CO 81601 • • F • • On the city water and sewer system. Use natural gas for heating. • • --~------ • .. '<I "' ~ > ~ ~ ·~ --.( \ ~ ..._.,,) ·-. 0 :z • • • • • Our home has 850 square feet of living space. We are a family of three with plans to have a second child. We wish to build an addition onto our home to give us more living space. The planned addition is to expand the current one car garage to a two car garage, and add two bedrooms and a bathroom. There are two ways we can add on to our home. one way is to add an addition off the back of the house and the other is to add the addition off to the south of the house. There are three reasons why we want to add the addition off to the south of our home • This will require a variance to build within four feet of our property line. The three reasons are: •• The addition off to the south will fit in much better with the exisitng design of our house. The garage is attached to the south part of the house. We wish to extend the width of the garage seven feet and extend the length of the garage ten feet. This will give us a two car garage and the additional storage we are sorely lacking. We would build the two bedrooms and the bath above the garage. This design ties in nicely with the current roof line of the house. Building off the back would require a flat roof line(not desirable because of potential leakage problem.;"\ or a total re-design of the existing roof line. Building off th, back would also require re-building the garage and the garage would not be attached to the house. •• To build a two car garage, two bedrooms and a bath it is substantially less expensive to build off the south of the house than it would be to build off the back of the house. In fact we would not be able to afford the addition if we were forced to build off the back. •• If we build off the back of our house we would need to re-locate the existing natural gas line and the sewer line that runs five feet behind the house.