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HomeMy WebLinkAbout1.0 ApplicationTO: FROM: DATE: RB: GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL MEMORANDUM BOARD OF ADJUSTMENT MARK BBAN .Lfc;?P-- APRIL 16, 1993 MEETING ON APRIL 22, 1993 Please be informed that we have two items on the agenda, one of which is an appeal of administrative interpretation. Subsequently, sla!T feels that this meeting will run longer than usual. Mr. Harold Raymond has informed us that he will have lo leave at 5:00 p.m .. We do need a quorum, (four members), so please contact this office if you plan to attend. Al that lime, you will be asked lo determine the interpretation of the Garfield County Zoning Resolution or you maycoiitinue the public hearing to another date. We anticipate a fairly large citizen attendance al this meeting. 109 llTH STREET, SUITE 303 • 945-6212/625-5571/265-7972 • GLENWOOD SPRINGS, COLORADO 61601 TIME: PLACE: DATE: GARFIELD COUNTY BOARD OF ADJUSTMENT MEETING AGENDA 3:30 p.m. Garfield County Courthouse, Suite .3lll April 22, 1993 I) 2) 3) 4) 5) 6) Call meeting to order Roll Call Approval of Minutes October 22, 1992 March 25, 1993 Public Hearing or a Variance from Section 3.07.06(1), Minimum Front Yard Setback in the C/L Zone District. Applicant: Slattery Investments Public Hearing for an Appeal of Administratiave Interpretation of"uses by right", Section 3.07.01 of the Garfield County Zoning Resolution that allows Personal Service Establishments including a go-earl track. Applicant: Mitch Heuer Adjournment ' .... , .... " RBQJJEST: ·~====~~ ------~--=-~------------------ BOA 4/2'})93 PROJBCf INFORMATION AND STAFF COMMENTS .I Variance from Section 3.07.06(1) - Minimum Front Yard Setback in C/L Zone District APPi.I CANT: Slattery Investments, A General Partnership WCATlON: •. A parcel of land located in Lots 34 and 35 of Section 1, TIS, R89W of the 6th P.M.; located '111 1 Wt northwest of, and adjacent to, 5050 and 5080 County Road 154, approximately one (1) mile northwest of. the intersection of County Road 154 and Stale Highway 82, southeast of the City of Glenwood Springs. SITRDATA: The lot is roughly 0.61 acres in size. WATER/SEWER: Community water/ISDS ACCBSS: Driveway off CR 154 EXlSTING AND ADJACENT WNING: C/L I. DESCRIPTION OF THE PROPOSAL Site Description: The sile is localed in an area that as transitioned into commercial uses since the 1960s from the north side of CR 154 from the CMC turnoff to approximately one (1) mile northwest of the property. The south side of CR 154 has also experienced a similar transition from SH 82 northwest. The parcels northwest of the site along the north side of CR 154 has developed into residential uses. The site itselfis approximately 514 feellong along the CR 154 frontage, and 316 feet at the rear. The maximum width of the property is 69 feet. The westerly portion of the properly is extremely narrow, and is considered unusable, however in stairs opinion il provides a effective natural buffer to the adjacent residential uses because of natural vegetation and topography. A site plan ofthe property assuming the granting of a variance is shown on page-/-. A full- scale blue-line will be presented al the hearing. 1 - - - ---------------- B. Background: In 1991, Slattery InvesUnents was granted approval by the Board of County Commissioners to rezone the properly from RIG/SD (Residential/General/Suburban Density) to C/G (Commercial/General). The Board approved the rezoning due the natural buITer created by the unusable portion of the properly lo the west, the history of attractive development by the applicant, and the support of adjacent properly owners. Slattery Investments voluntarily downzoned lhe site lo C/L (Commercial/Limited). In 198S, two variances where granted on the properly. The first variance reduced lo rear setback from twenty-live (2S) feel to four (4) feet. The second variance allowed for the placement of an ISDS system on a lot ofless than two (2) acres. C. Request· The applicant is requesting a variance from the required fifty (SO) foot front yard setback on the south side of the properly, fronting on CR 1S4. A copy of the applicant's application submittal is attached on pages c::,,?-S II. MAJOR ISSUES AND CONCRRNS 1. All of the commercial lots that have been developed along the north side of CR 1 S4 bear the same physical constraints. Each of these lots are extremely narrow, and include a relatively long frontage on CR 1S4. Variances have been granted for each of the commercial building.~ on this side of the County right-of-way. 2. The C/L zone district setbacks call for a lifiy (SO) foot front setback and a twenty-five (25) foot rear setback. These setbacks would consume all usable land on the subject parcel. Even with the 1985 approved rear setback variance, only a lirteen (15) fool strip would be considered buildable. · 3. Due to the eighty (80) foot ROW of CR 154, the requested three (3) foot setback would still leave an actual setback of forty-three (43) foot setback from the edge of pavement. The actual base of the building will be no closer than nine (9) feet from the front lot line. The additional six (6) fool setback has been requested due to the roof overhang. 4. There are several other factors on the property that are beyond the applicants control, including the 100 foot ROW of the Denver Rio Grande Railroad. The typical ROW is lifiy (50) feet in other areas in the County. Furthennore, CR 154 is the result of the vacation ofa Stale Highway, hence the ROW is eighty (80) feel instead of the usual sixty (60) feel. 5. Section 9.0S.03 slates that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this reso1ution 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 that: A. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 2 Ill. 6. 7. 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. InstalT's opinio.n, there is clearly "exceptional narrowness, shallowness or shape" on this property, there are exceptional topography or other conditions, and these conditions are typical of other lots in the area. A March 24b1993 leller of support, from Kurt and Elsbeth Wigger, is attached on page . . SUGGESTED FINDINGS ! 1. That the appiication for Variance was found to be Consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. Thal 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 al the meeting. IV. RECOMMENDATION Staff recommends APPROV ALoflherequesled variance, consistent with Section 9.05 of the Garfield County Zoning Regulations. Co"""""'-"1">: l:>t>.V~ -FRA~u~ No Opp0 ,.11 G~ MOl\cM A I • ~V/:..1..--$-i.e;:pj-l. I I! 3 I Vor~ ~-0 3 -----------··-·· ··-· ··----·- REQUEST: BOA4/22/93 PROJECT INFORMATION AND STAFF COMMENTS Appeal of administrative interpretation of "uses by right", Section 3.07.01 of the Garfield County Zoning Resolution. APPELLANr: · William R. Crymble I. WNING: .;- Section 9.04.01 slates the following: "Appeals lo the Zoning Board of Adjustment ("Board") may be taken by any person aggrieved by his inability to obtain a permit (other than a Special Use Permit), or by the decision of any administrative officer or agency based Upon or made in the course of the administration or enforcement of the provisions of this Resolution." Per the above provisions, Mr. Crymble has appealed a determination of County staff interpretation that a go-cart track and other accessory recreational uses are a use by right in the CommerciaVLintlled zone district. Additionally, the appellant has questioned the allowance of a "flea market" on the property (See attached letters pages 7-9 ). II. ISSUES AND CONCERNS The appeal is based on statements made by staff during a public hearing on April S, 1993 before the Board of County Commissioners that a go-cart track with other recreational activities and a flea market are considered uses by right in the CommerciaVLintlted zone district, even though they are not specifically listed as a use by right (See enclosed zoning page -/(} -). It was further explained that this interpretation is based upon the language in the Zoning Resolution such as : "Personal service establishment including bank, barber or beauty shop; laundromat, laundry of dry cleaning plant serving individuals only; miniature golf course and accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading room, private club, theater and indoor recreation," The word relied on by staff in determining whetl)er or not the z0ning allowed the previously noted uses is "including". This word is the basis for saying that the previously noted list of uses classified as "personal service establishment" is not an exclusive list, but a list to be used as an example of such uses. As a result, uses such as "miniature golf course and accessory uses," "theater," and "indoor recreation" were viewed as commercial recreation uses. Ago-cart track and other commercial recreation I ------_-:.:-:.:-..:.-:.:--:.:-:.:-..:.-:.:--:.:-:.:-..:.-:.:--:.:-:..:;-..:.-===-----------c p~ - - - - uses were viewed as being similar to the commercial recreation uses allowed in the zoning, thus an allowed use. The other part of the appeal is related to whether or not a "flea market" is allowed by the CommerciaVLimited zoning. Similar logic is used, in that a "flea market" is a place that wholesale and/or retail sales of products may occur. The Zoning Resolution in Section 3.07.01 allows "wholesale and retail establishment including sale of food, beverages, dry goods, furniture, appliances, automotive a~d vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials." It is recognized that a "flea market" is not listed as a use by right, but it is an area where the sale of all of the above products could be sold. Whether or not they are in one building or a defined-outdoor area is not really defined in the Zoning Resolution. The various vendors and flea market owner would have to comply with the requirements of the zone district in terms of setbacks, dust, noise, glare, etc .. III. Other Comments .. ··· .. \.'; The appellant notes tl\at the proposed uses would be incompatible with the neighboring uses due to traffic, noise and unlimited hours of operation. ·Staff concedes that the County Zoning Resolution does not have jurisdiction over the hours of operation of any business n a commercial zone district, that is a use by right. The-noise standard says that no noise can be projected beyond the property lines. Since the term "noise" ill not def med in terms of decibel limits, the County has relied on an operation complying with the noise standards contained in C.R.S. 25-12, 1973, as a basis for establishing noise parameters. Traffic generated by the use may be a problem, but-the County does have some control of ttie problems via signage and law enforcement. The zoning cannot be used to control traffic of "uses by right." The other issues noted regarding wetlands and flooding are a part of the Special Use permit process for development within a floodplain. The applicant's engineer has provided certification that the proposed go-cart track and facilities will comply with the requirements for developing in a regulated floodplain. As a part of the process, the U.S. Army Corps of Engineers will have to approve any encroachment in a wetland area. IV. SUMMARY It is the stairs position that the language in the Commercial/Limited Zone district is permissive in that it allows a wide range of uses as "uses by right." The decision to allow a wide range of uses was made at the time commercial zoning was approved for the area. The County Commissioners did not make the decision to rezone the area based on the applicant's desire to place a landscaping business on the properly, since it is an · allowed use in the AIR/RD zone district. 2 ' ( . ' ----------------~ ~.~.~ -::::::'::--'::::::· -=:-:--" i' '.\ ,,' ·!-,'. ·I . i j .iii· '!1~r _,_ ... ,• •, ' ' ,, I ., I ' i i . . I '·l· . I. I ' ·c "' :· ----0 ... ~-~" ~ · .in: 1 ': ~ 11; '. ,-..... .;.;.:.,,' . : ; ; '. r ii ' o 1,l• I! ' ' '/ ·. l i .. ii: ' I i j;o :•+<:" '' 1. I. !ij /· ·1 : ,., ,.•, . l· '• . ' '' - - - - - - - - - - - -: --~-------::_ __ :-- - - - - - - - --:_:_::_:_:_::_:-- - --==--=--==:::::=:::::=~ .. ( ~ __ -[_.\ 1 ·-.Ii SUBMITTAL REQUIREMEN,TS Slattery Investments Zoning Variance Request A. A Sketch Map showing all improvements ·_on site, the building location and size and setbacks and access points is attached. B. A Vicinity Map is included on the Sketch Map. C. A copy of the original Warranty Deed from Carl J. Midland to Slattery Investments, dated September 16, 1991, is attached and includes the legal description of the property. The property contains 0.61 acres, more or less. D. A practical description of the site is as follows: The site is 514 ft. long in the front and.316 ft. long in the rear. The maximum width of the site is on the southeast boundary and is 69 ft. The site location is northwest of, and adjacent to, 5050 to 5080 County Road 154, Glenwood Springs, Colorado. When constructed, the building'· on the site will bear a post office address of 5010 to 5040 County Road 154. The site is on the north side of County Road 154, about 1 mile northwest of the intersection of Highway 82 and County Road 154. E. The names and addresses of the property owners adjacent to or within 200 feet of the site are contained on a list attached hereto. F. The source of domestic water for the site'-is a Permitted 15 g.p.m. conunercial well, with the water supply guaranteed by contract with .the Basalt Water Conservancy District. In 1985, two variances were approved for the site. The first variance was for a reduction in the allowable rear ·yard setback from· twenty-five (25) feet to four (4) feet. The second variance will allow for the placement of an individual sewage disposal system on· a lot of less than two (2) acres without central water •. G. The Plans and Specifications for the proposed building to be built on the site are attached. - II. A narrative explaining why the variance is being requested :I.a as follows: Beginning in the late 1960' s, commercia_l development began to evolve in the area of the site along the north side of County Road 154 from its intersection with Highway 82 (the CMC turnoff) and proceeding for about 1 mile northwesterly to the subject property. On the south side of CoUhty Road 154, commercial development proceeded from the Highway 82 intersection northwesterly for about 1/ 3 of this distance. The remainder of the property northwesterly of the site along the north side of County Road 154 has naturally developed as residential property. This is true also along the south side of County Road 154. The westerly end of the subject property is an unusually shaped, narrow, triangular slice of land that is unusable because of its shape. It is also beautiful because of its natural growth and it is higher than the land both to the northwest and southeast of it. Therefore, it is a visual buffer between the remainder of the subject site and the residential properties to the north and west of the site. It is a buffer between the commercial and residential developments along the north side of County Road 154. In 1991, Slattery Investments bought the property and received County approval to change the zoning of the site from R/G/SD to C/L. At this time, Slattery voluntarily downzoned -a-. . ' " ---· his property to the southeast from C/G to C/L. The zoning change was granted because1 (1) the Board recognized the property as a natural buffer between commercial and residential development, (2) the Board was impressed with the commercial development of the adjacent properties by Slattery Investments, and (3) residential neighbors came to the hearing in support of the zoning change. All of the lots that have been commercially developed along the north side of County Road 154 bear the same common characteristic. Each lot is extremely shallow in depth, front to rear, and is extremely long in frontage along County Road 154. Maps provided with this variance request show that one commercial building has previously been granted a zero setback and several have setbacks of 3 feet or less. Variances have, in the past, been granted to each and every commercial building along the north side of County Road 154, resulting in a reduction in both the front and rear yard setbacks to all of the properties. ·· The site in question is typical of all of the commercial sites on the north side of County Road 15.4. On the west end of the site (see the discussion of a buffer, above), the site is unusable for about 150 feet because of its narrow width. The maximum width of the lot is along the east boundary, a width of 69.03 ft. The C/L zone district setbacks of 50 ft. (front yard) and 25 ft. (rear yard) would completely consume the entire lot. Even with the granted. rear yard setback variance of •4 ft. (1985 variance), if the 'front yard setback of 50 ft. is not alleviated only a 15 foot strip would exist within which to build on. -· The criteria in the Zoning Resolution for granting a variance of this type includes language directing the granting of a variance ••• " by reason of exceptional narrowness, shallowness or shape of the specific piece of property .•• 11 • This case is a classic example of how and when such language in the Zoning Resolution should be applied to grant relief to a property owner by reducing the front yard setback. Furthermore, other factors outside of Applicant's control have contributed to the unusual shape of the site, and such factors existed at the time of enactment of the Zoning Resolution. To the rear of the site is the Denver and Rio Grande Railroad. Its right-of-way is 100 feet, instead of the usual 50 feet that prevails over many of its miles of track. County Road 154 is the result of a vacation to the County of a. previously dedicated State Highway. Consequently, its width is 80 feet instead of. the usual 60 feet. Because of the 80 foot width of County Road 154, if the requested 3 feet 1 inch setback is granted, there will still be a setback of the building 43 feet 1 inch from the center of the County Road and 28 feet 1 inch from the edge of the road, While a 3 foot 1 inch setback is being requested, the actual base of the building on the ground will be no closer than 9 feet 1 inch from the front lot line. The add! tional 6 foot setback has been requested because of the roof overhang. Finally, it should. be pointed out that the building to be built on the site will be a near duplicate of the Slattery Investments building on the adjacent property to the southwest. As such, the building will be of the same high quality in visual appearance and landscaping. Just like the adjacent commercial building, the front area of the building to be constructed on the site will be paved by Slattery from the edge of the building to the edge of the roadway, thus presenting a visually pleasing and safe shoulder along the County Road. --3- --------------------------·-· -----··-·---------- I. See H, Above. J. See H, above. K. A $250.00 check for the variance fee is attached. _,'I- . ., .. " ,._._. ···-·--· LIST OF ADJACENT PROPERTY OWNERS Slattery Investments Variance Request ''. The following is a list of adjacent property owners, or property owners within 200 feet of the site owned by Slattery Investments, upon which a front yard setback variance is requested: David and Michelle Franklin 4904 county Road 154 Glenwood Springs, CO 81601 Iron Mountain Condominium Association Suite C-lA, Village Plaza Glenwood Springs, CO 8160i Katherine Monroe Honea P O Box 288 Basalt, CO 81621 Denver and Rio Grande Western Railroad P O Box 5482 Denver, CO 80217 Theodore R. Gaugler, Ellen J. Gaugler, & Robert II. Gaugler P O Box 71 Glenwood Springs, CO 81602 Merle N. Carver 8339 Foxfire Drive orangevale~ CA 95662 Robin Little Garvik & Kenneth W. Garvik 0424 Stagecoach Lane Carbondale, co 81623 Kurt J. & Elsbeth R. Wigger P 0 Box 1985 Glenwood Springs, CO 81602 Richard T. & Grace M. Moolick 5109 County Road 154 Glenwood Springs, CO 81601 Ken Kriz 0497 county Road 167 Glenwood Springs, CO 81601 Alfred John and Elizabeth Hood Nemoff P O Box 2106 Glenwood Springs, CO 81602 Golden Buff Enterprises P o Box 2104 Glenwood Springs, CO 81602 Virginia C. McDonald 204 Makee Road llonolulu, HI 96815 Michelle M. Balcomb P O Drawer 790 Glenwood Springs, CO 81602 ~ RESTAURANT and LOUNGE P.O. Box 1985 Glenwood Springs, Colorado 81602 Kurt & Elsbeth Wigger Box 1985 Glenwood Springs, Colorado 81601 Garfield County Zoning Board of Att: Mr. Mark Bean Court House 109 8th Street Glenwood Springs, Co. 81601 To whom it might concern; March.24. 1993 AdJ. Re: Bill Slattery -new office building on 154 Rd. Glenwood Springs. We will be out of town for Bill Slattery's hearing on April 22. 1993. We do not oppose with his plans of errecting a commercial building and we do not object.to a set-back variance, We much rather have a commet!'ie1'- building there,.the way his is going to look, than an ugly apartement building where you don't know who is moving in. Bill's existing building is very attractive and does not bother anybody. We hope you aprove his plans. '' ., '' '' April 14, 1993 Garfield county Board of Adjustments c/o Mark Bean Garfield county courthouse 109 Eighth Street . Glenwood Springs, co 81601 Re: Appeal of the Fun Land Application by Carl Midland and Mitch Heuer Dear Mark: This letter, by reference, incorporates the contents of ·my letter to you dated April 9, 1993. In addition, 1·would also like to voice my concerns regarding the associated flea market proposal which raises the same concerns set forth in that letter. Finally, the entire rezoning for this land which was approved by the County Commissioners was premised upon the applicant's representations that the rezoning was primarily based upon opening and the operation of a landscaping business. To the best of my understanding based· on the current proposals by Carl Midland and Mitch Heuer, the landscaping proposal appears to have been, in part, abandoned. " · pc: Carl Midland Mitch Heuer ;~;;>~lf~</4 William R. crymble/' . 1168 Road 113 Carbondale, co 81623 (303) 945-1202 " , , I!<' I' ,:! j ff ' i j I ~ I I r " I ' ; 'I I :' I I I ' ' i· '.; " . ~ .. • j! : i' ~:.. ' ~ •· ., " ,i. ..·: ' :: I ' '-'+,'I :.1 I i· :.1 '· I, ' " --------.. ·------·-·--- - ------~ ----·----------·----···---·-·-=========== ' I . \ .. April 9, 1993 Garfield County Board of Adjustments c/o Mark Dean Garfield County courthouse 109 Eighth Street Glenwood Springs, co 81601 ... 1 -- 'APR O 9 _1993 GARFIELL ..,..,ul·ffY Re: Appeal of the Fun Land Application by Carl Midland and Mitch Heuer Dear Mark: Please take notice that pursuant to Section 9.04.01 of the Garfield county Zoning Resolutions of 1978, as Amended, that an appeal is . hereby taken from the determination that Fun Land has a use by right to construct a go-cart track, etc., at the intersection Of Colorado Highway 82_ and cattle Creek Road (County Road 113) since it does not appear that such use is permitted by any of the uses by right in Section 3.07.01. ... It is our position that even though the uses by right. set forth in Section 3.07 .• 01 are general, that the adverse impact of traffic ' accessing the project from Cattle creek Road and Highway 82, and the noise created by the. go-carts, when, in use, would be incompatible with the currently existing uses of the land in that area. It is also our position that this use by Fun Land is not limited by usage hours; especially in times during which daylight savings time is recognized by the state, i.e., Use the go-carts could operate well into the ev!!ning. We are also very· concerned about the fact that the area where the go-cart track is. or may be located is a wetlands area and that there has not been a significant environmental study accomplished to address that issue and the wetlands issues. We also believe that the.Army Corp of Engineers should be consulted prior to the construction of any permanent improvements within that area which may affect the wetlands. · To buttress our position, it is not uncommon for cattle creek to flood in that area during the spring'runoff or for flooding to be arbitrarily occurring simply at the whim of the ditchowners when they close their gates. We believe that these and many unanswered . .. I' ,, !. . I, •.· ,, " ~ ! " I i " : Mark Bean : Page 2 April 9, 1993 ~"·.· ·. :;: I~' •/I "...f.1,1 J . . ;· · questions need to be addressed prior to allowing the construction · of the go-cart area at the above mentioned site, ··This appeal is of the proceedings which took place, we believe, •; before the Board of Adjustment. We also feel if construction is :, allowed to take place without the granting of this appeal, that not ' only the homeowners in the area, but also the people of Garfield County will be irreparably harmed by allowing the construction to . begin. · If you have additional questions, please contact me. My place of • 'j, residence is one mile from the proposed project. ' ,,•I ' ' pc: Carl Midland Mitch Heuer Sincerely, tJA;.,, ~· d/" td ltr William R. Crymble 1168 Road 113 · · · Carbondale, CO 01623 (303) 945-1202 .'i ·~ ' ·I• l . ' .·1~ •'· I;. •' ' j: ,, • I ~·~· f ... '.• ..... ' '•1,1, 'i l' .. . I ;,'!' .. 1'.f> _. /: l ·if '•' '. ~ ., ' ... : .. , . J _ _. __ _j __ '.; .• ..1. '' 3.07 3.07.01 3.07.02 3.07.03 3.07.04 3.07.05 3.07.06 3.07.07 3.07.08 ~.07.09 - - - - - - - - - - --------.-:--=-·--=~--~-:;;;------;::.:.,:'!:',,. =====-C/L ·· COMMERCJAULIMITED Uses. by rlehl: Singlc-fn1nily, lwo-[nmily nml muillple-fomlly dwelling, nml cuslmnnry nccessory uses including building for sheller or cnclo.~urc of nnimals or proJ>crty nccessory lo use or the lot for residential purposes and [cnces, hedges, gardens, walls and similar lnndscnpe [enlures; pnrk; boarding nnd rooming house; hotel, motel, lodge; Church, community building, day nursery nnd school; 1mdilorlum, public buil~ing [or nd111i111slrnlion, rraternal lodge, art gallery, niuseum, library; Ilospitnl, clinic, nursing or convalescent home; Orrice [or conduct or business or pro[ession, sl.1\<lio for conduct or nrls and cra[(s, provided nil activity b conducted within n building; Commercial establishments, as listed below, pi·ovided the followirig requirements are observed: (1) J\11 fnbricnllon, service nnd repnir operations nre conducted within n building; ·· ' (2) All storage of mnlerlnls shnll be wilhln a b~ilding or obscured by n fence; (3) · All londing nnd unloading of vehicles is conducted 011 privnle properly; (4) No dusl, noise, glnre or vibration is projected beyond the lot; Wholesnle and retnil establishment including snle o[ [ood, bevera~cs, dry goods; [urnilure, nppliances, automotive and vehicular eqmpn1enl, hardware, elolhing, mobile homes, building mnlerinis, feed, gnrden suJ>ply nml ylant mnlerinls; «l'ersonnl service eslnblishmenl, including bnnk, bnrb~r or benuly shop; laundromat, laundry or dry-clenning plant serving · individunls only; .mininlure golf course and accCl!~Q!Y fneili~, mortunry, photo studio, shoe .repair, lailor shop, reslnuranl, ren<ling room, privaw club, lhenler nnd indoor recreation; Geqeral service establishment, including repair and service o[ nulomolive and vehicular equipment, vehicular renl11I, service nnd repair o[ nppllance, ·shop for blacksmllh, cabinetry, glnzing, machining, minl-slornge unlls, printing, publishing, plumbing, sheet metnl nnd conlrnctor's ynrd. (A. 86- 10; 89-058) _llics, condilionnl: Row house; home occupnlion; pnrking lot or gnrage ns prh~cipnl use or the lot. (A. 86-09) Uses, wecinl: Automotive service stnlion or wnshing [ncility; cnmper park;, mobile home park; , . Anj' use, by right, in this zone dislrict used 'principnlly ns n drive-In eslab)lshment where the customer recc;ives floods or services while occupying a vehicle; waler Impoundments, slornge, commercial pnrk; ulilily lines; recreational support [acllllles. (A. 80-180; 81-145; 81-263) Minimum Lot Aren: Seven thousnnd rive hundred (7500) square [eel nnd ns further provided under Supplementary Regulations. Mnximum Lot Co'8<l!li:s;: Sevenly-rive percenl (75% ), except for commercinl uses which shall be elghly-[ive percent (85%). The Counly Commissioners mny require ndequnLe screening o[ nil pnrklng and rondwny nrcas in commercrnl uses [rom adjoining residential uses nnd public streets. A mnximum of ten percent (10%) or the lolnl parking and roadways arens may be required lo be devoted exclusively lo landscnplng of.Ire~, shrubs nnd ground cover lo !~d_'!!'.~-visual impncls. (A. 81-99) ..... -·-·· ,.,- Mjnjm\mj SC(bnck: · (I) Front yard: (a) arlerinl streets: sevenly-rive (75) feet [rom street centerline or firty (SO) [eel from [ronl lot line, whlcl1cvcr Is grealer; (h) locnl streels: fifly (50) feet from slreel centerline or twenty-rive (25) feel from front lot line, whichever ls greater; (2) Rear ynrd: Twenty-tlve (25) feel from renr lot line for Joi occupied by rcsidenlinl uses; seven nnll one-half (7.5) feel for lols with no residential oeeupnncy; (3) Side yard: Ten (to) [eel from side lot line or one-hnlf (1/2) the height of the prlnclpnl building, whichever is greater. (A. 79-132) Maximum Hcleht of Duildines: Twenty-five (25) feet. Mfillimum Floor Area RnJlo: 0.50/1.0 nod as further provided under Supplementary Regulations. Dili!itiUllilLR.£1]\Ur~: All uses shnll he subject lo lhe provisions under Sectlon _5_ {S\ljlplementnry Re_g11latio!'s). ~ ~ _, ___ _ - - - - - - - - - - - ---~-- - --::-~----- -~ - - --- - - ·. MEMBERS PRESENT Kathy Barto Leo Janunaron Stephanie Lavorini Harold Raymond Peter Cabrinha BOARD OF ADJUSTMENT MINUTES October 22, 1992 Meeting # 168 STAFF PRESENT Don DeFord, County Attorney Dave Michaelson, Planner Meeting was called to order. Roll call was taken with all members present. APPROVAL OF MINUTES Ms. Barto moved that the minutes of Meeting #163, March 28, 1991; Meeting #164, August 20, 1991; Meeting #165, April 30, 1992; Meeting #166, May 7, 1992 and Meeting #167, May 28, 1992 be approved. Mr. Raymond seconded the motion. The motion passed with a . unanimous vote. AV ARIANCE FROM SECTION 3.04.06-MINIMUM SETBACK -Applicants: Tom and Beverly Clark. County Attorney Don DcFord questioned the applicants about proof of publication and adjacent landowner notification. After a thorough examination, Mr. DeFord determined that the public notice was adequate and that the Board was entitled to proceed with the public hearing. Dave Michaelson, Garfield County Planner, asked the Chairman that he needed to submit two exhibits along with the return receipts, and proof of publication. They are the slaJTreporl and (D) letter dated 9-30-92 from Mr. & Mrs. Potter. Mr. Michaelson sununarized the staff report. Mr. Michaelson said the applicants would encroach about 10 feet into the required 30 fool setback required at the Ranch at the Roaring Fork. Mr. Michaelson said that after visiting the project and the Potters letter, he recommended approval. It does not represent a situation that he could not approve in the rear or the side. He also noted that lhe 20 foot utility easement, 25 foot county setback, and the PUD requires a 30 foot setback. Whenever a covenant or a county zoning requirement dilTer, traditionally the one that has the most restrictive requirement comes into play, and that would be the 30 foot setback. Mr. Clark told the Board that no one has gotten hurt, but they would like to enjoy the time they spend outside without having to worry about the golfers. 1 - - - - - - --~-~-~-.-.---~-'-'-~--"--""-"-- - Motion Harold Raymond made a motion lo accept the request for a variance from the required thirty fool (30") rear yard setback on the north side ofthe lot along the 6th fairway oflhe golf course to allow for the extension and screening of the existing porch. Peter Cabrinha seconded the motion. Motion carried unanimously.· ADJOURNMENT Respectfully submitted 2 ---···---------· ------ BOARD OF ADJUSTMENT MEMBERS PRESENT Kathy Barto Leo Jarnmaron Harold Raymond Peter Cabrinha MINUTES March 25, 1993 Meeting #169 STAFF PRESENT Steve Zwick, Assistant County Attorney Dave Michaelson, Planner Meeting was called to order. Roll call taken with Stephanie Lavorini absent. VARIANCES FROM SECTION 5.07.09-MAXIMUM SIGN HEIGHT; SECTION 5.07.07(9)-NUMBER OF SIGNS PER LOT; SECTION 5.07.06-SIGNS OVER GAS PUMP; AND SECTION 5.07.09-MAXIMUM SIGN AREA -Applicant: Burning Mountain RV Park (Rippy RV Associates) Assistant County Attorney Steve Zwick questioned the applicants about proof of publication and landowner notification. Mr. Zwick noted that the application is for a variance to allow for a sign in excess of 30 foot height limitation, a variance to locate a sign with the required 25 foot setback on CR 335 and a variance to allow for more than one sign on the property on the above described property. The issue of the maximum sign area was not requested by the applicant and was not noticed, though Stalf does note it in the stalfreport. After a thorough examination, Mr. Zwick determined that the public notice was adequate and the Board was entitled to proceed with the public hearing. Mr. Dave Michaelson introduced the following exhibits into the record: a. Stalf report; b. Application; c. Proof of publication; d. Proof of mailing e. Resolution 92-056 (Burning Mountain PUD) f. PUD Zone District regulations g. Sign Code excerpts h. 3-25-93 letter from Stephanie Lavorini i. Vicinity map Motion made by Kathy Barto to enter the exhibits into the record. Harold Raymond seconded. All in favor. Mr. Michaelson informed the Board that he needed to clarify some things about what is actually being requested. There are two variances being requested in the application and were noticed in the proof of publication. The first is a variance from Section 5.07.09, which is 1 ... ----------·-------··-· .. ------·--- maximum sign height and the other is Section 5.07.06 which is number of sign per lot. The maximum sign area being proposed does exceed our sign code. The problem is that in the original application and what was noticed in the proof of publication does not cite that. What that means to the applicant is that the sign area would have to fit our code in terms of maximum sign area, which for the NR/RD zone district, is 90 sq. ft.. If the applicant still intends on requesting a sign area in exceed of 90 sq. fi., they would have to request an additional variance. That was Stall's error. The applicant makes reference to signs over gas pumps, although no variance is necessary. The code excludes signs over gas pumps from being included in the maximum number of signs per lot. The applicants have requested a sign separate from the gas pumps. Mr. Michaelson summarized the staff report. He noted that even t~ough the project was established within the PUD process, there was no sign code written into it. Because there is no sign code in the PUD, the underlying zoning is NRIRD and it falls back into that. The sign area is not an issue as the applicants would have to apply for another variance. Mr. Michaelson noted that Resolution No.92-056, condition #4 requires that all site lighting shall be adequately shielded and shall not extend beyond the property Joi limits or above the horizontal plane and shall be of high pressure or low pressure sodium 'variety. He noted that he has had several phone calls asserting that what is really being built here is a truck stop. It has been suggested that by advertising diesel, the situation is being created that implies a lruck slop. Discussion was held regarding the various signs, heights, total square footage and number of signs. Gary Swallow, of Swallow Oil company explained to the Board that the signs were drawn to show the sign, not the order in which they would be sold. He does not see any significance in whether RV park, diesel or store would be in any particular order. The design is up to the applicant. Greg McKinnis addressed the Board noting that the adjacent land owners supported the original PUD representations. This is primarily to be an RV park. The lighting was an issue that the adjacent landowners were concerned with. He is concerned with a lit 40 foot sign. He feels that sign would go against what he thought had been agreed to up front several years ago, as far as trying to minimize the off site light impacts. His concerns also include the heighth of the sign. He feels that everyone needs a bigger, better sign. He requested the applicant address the concerns. Dow Rippy, applicant stated that this is not just an RV Park, it is a convenience store and commercial business. They are there to help serve the interstate traffic. They want to be able to help the traffic visually see their signs in time for them to get off the interstate. Kathy Barto asked the applicant how they could stay within the code and and keep a 90 ft sign? Mr. Rippy said that Mr. Swallow has told him that the next size sign would be a 7 x 7 and if they moved the RV Park, diesel and store down two feet, that would be 91 sq. ft. Mr. Michaelson informed the applicant that 91 sq. ft. is still I sq. ft. over the sign code and would require a sign variance. 2 _______ - - - -~~=====--=-~-=-=--=-=-=-=--=-=-=-=--=-=-=-=--=-=-=-===- Mr. Swallow noted that the 40 ft. sign would have been helpful to help the traffic get off the interstate. He said that the 30 ft. sign would be fine. The sign will be internally lit. It does not project alot of light out, it projects within itself. The canopy lighting will be high pressure sodium. Further discussion regarding the RV park area, diesel pumps, signage on I-70 lo advertise the RV Park, camping, and gas station. Mr. Swallow said that at this time he would not like to come back with a variance for 252 sq. ft. sign. Kathy Barto asked Mr. McKinnis if what is now proposed (a 30 ft. heighth sign and 90 sq. ft.) is acceptable to him'l Mr. McKinnis replied yes. Kathy Barto made a motion to allow the applicants a 30 ft. high sign and allow two signs on the properly. Peter Cabrinha seconded. Motion carried unanimously. ADJOURNMENT Respectfully submitted 3 ---------------------------------------------B ')+ -~/'if"'"---;+-J ~ ,> 11' -~ 1 1 ~ ~~~~;\:· '.• ···~· ·!';. '\·~'!.:;,;,; p 343 572 079 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAf. M.&.IL (See Reverse) ~ P.O., State and ZIP Code ...... ~ • s .2. , Postage Cert1hed Fee -0 " Special Delivery Fee Restricted Delivery Fee !ii ~ l ~,,r;.,,.;;...---~--+---1 I l If ---------------------------~~~~~~~~~~~~~~~~~~~~~~~~~-------------------------- p 343 572 091 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) g P.O .. State and ZIP Code ~ f--~~~~~~~~~~~~~~--1 ¢ Poslage S ,:2 7 Certified Fee /. Special Dehvery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered p 343 572 0118 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAIL (See Reverse) Sen! to en Kriz Jlll9!1•®dltnty Road 167 .. , -·-..._ ... ~ ,,.. ,.. ~ P.O .. State and zn:> Code.... ~ - Postage s :J'J Cef1if1ed Fee vi> C> Special Delivery Fee Restricled Delivery Fee Return Receipl showing to whom and Date Delivered /0 0 Aelurn Receipt showin8 to whom, Dale. and Address of ehvery TOTAL P,(>'.!')\1n~:;,~ ~-d9 Postm fk -O• DatA p R .,..,':), l" ' 2 . 1993 / ,~ / J;~ ,.,("\. P 343 572 D.!17 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 8R:i&hard T, & Grace M. 5109 County Road 154 ~ PGil.'5lllwo.&dz11Spacangs, CO ~ 1-~~~~~~~~~~~~~~~ .,, Postage S r/_.; Certifted Fee Special Delivery Fee Reslricted Delivery Fee Return Rece1pl showing to whom and Date Delivered p 343 572 090 RECEIPT FOR CERTIFIEO MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 11>::-i,-,rnv-rrm:--~-'-C-0~~~4 g P.O., Stale and ZIP Code ~1--~~~~~~~~~---1 * Postage Certified Fee Special Dehvery Fee Reslncted Delivery Fee 0 0 Return Receipt showing to whom and Date Delivered p 343 572 089 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIOfriAL MAIL (See Reverse) I Elizabeth •1-i:""',,.-d"""m~o""'...-~~~~~~ -0 Box 2106 ~ ~~d!p:tlllltgs, CO 81602 ~!-----------.----~ Postage S c-? Certilied Fee /, l?C> Special Delivery Fee Restricted Delivery Fee Aelurn Receipt showing to whom and Dale Delivered s p ~ (/I:;:;-~"" ate ! '(, le ' p 343 572 0116 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PflOl/lDEO NOT FOR INTERNATIONAf. MA.IL (See Reverse) Ii Keitt J. & Elsbeth R. Wigge ~ co 81602 g P.O., State and ZIP Code ~L-------------l .., Poslage S Certified Fee /. 6 tJ Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered , O 0 11-;;:;;;;;;c;;;;;;;;:;;;;;;;:;;;;;--;;~;--t.L:....:.::..=.1 p l !;> . .;)'f 8 ~~~.o.4----'-,;.....;;_-I ~ '..t·:I j ,. ti • . •,.- If --· p 343 572 085 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIOJiAL MAIL (See Reverse) g IOIU:~oomt:tl!' FOOO 81623 ~ 1-~~~~~~~~~~--.-~~~--i -t> Poslage Cert1hed Fee Special Dehvery Fee Restncled Delivery Fee p 343 572 084 RECEIPT FOR CERTIFIED MAIL NO INSURANCE CO'IERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) CA 95662 ~ P.O .. State and ZIP Code . ~ • Postage CerMied Fee Special Delivery Fee Reslricted Delivery Fee ~ .. I Postmar or j~e ! ' ,:_:.-;/ If "' s p I! " .., ( ! ie p 343 572 0113 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERfl.GE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) co 81602 Postage Cert1hed Fee I~ Special Delivery Fee Restricted Delivery Fee (/ Postmar~, te ---------------------~~~~~~~~~~~~~~~~~~~~~~~~~~------------------------- p 343 572 082 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PAOl/IOEO NOT FOR INTERNATIONAL MAIL (See Reverse) !~ 61!'b.~er and Rio Grande ; llo. a r a P 0 Box 5482 ~ BOn1'11tr pn<(JQP '80U 7 ::l~ t-~~~~~~~~~~-,-~~-=---1 <> Pos1age S _::t-7 . Certified Fee Special Delivery Fee Restricted Delivery Fee p 343 572 01!1 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVER.A.GE PROVIOEO NOT FOR INTERNATIONAL MAIL (See Reverse) ;~ R1'1:nerine Monroe Honea It Ir I Basalt CO 81621 g P.O., State and ZIP Code ~ 1----------~--.,,--~ {I Postage Certified Fee Special Oehvery Fee Restric1ed Delivery Fee Return Rece1pl showing to whom and Date Delivered i Relurn Receipt showing to whom. """ Dale, and Address of Delivery I J01~L_,p~sta {nd Fees ------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p 343 572 092 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~ P.O., State and ZIP Code ~f--~~~~~~~--.-~~---i 0 Postage S'L er CerM1ed Fee // Special Delivery Fee Restricted Delivery Fee P 343 572 at.a RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) i Condominium lt-:x=~~----t ~ ~ • Postage Certil•ed Fee Special Delivery Fee Reslncted Delivery Fee Return Receipt showing to whom and Date Delivered UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name. 1ddr••• and ZIP Code In the apace below. • Complete Items 1, 2. 3, end 4 on the reverie. • Attech to front of ertlole ff space .,.rmftt, otherwise affbt to beck of 1rtlcle. • Endorse article ''Return Receipt R1qu11t1d" edjlicent to number. U.S.MAIL © PENAL TY FOR PRIVATE USE, $300 RETURN TO • Print Sender's name, address, and ZIP Code in the space below. Cleftwood Springs, Color.00 •-SENDER: Complete items 1 and 2 when additional servicet are desired, and complettJ items 3 and 4. Put your address in the "Rt::TU'RN TO" Space on the reverse side. Failure to do this wm prevent this card from being returned ta you. The return · ti wm · the name of the ~ tc and the date of delive(f For ad 1t1ona ees t o Wing services are ava1 a e. onsu t postmaster or ees artd check bOx\es tor additional service(s) requested. f. .tJ Show 10 whom delivered, date. and addressee's address. (&uttd=ge) 2. 0 Restricted Delivery (Oxt"1 durg<) 3. Article Addressed to: Katherine Monroe Honea P o Box 288 Basalt, CO 81621 5. x 6. x 7. Date of Der PS Fonn 3811, Apr. 1989 •U.S.G.P.O. 19ff.238.815 4. Article Number p 343 572 081 Type of Service: 0 Re¢st"'e<I fJ Certffiod 0 Express Mail Din.sured Ocoo O !Wum Receipt tor Merchandise Alwavs obtain signature of addressee or agent .and DATE DELIVERED. 8. Addr ... etl's Addr ... (ONlr;f T<qrwstrd andf« paid) DOMESTIC RETURN RECEll' ,, I ' • SENDER: Complete items 1 end 2 when additional services ere desired, and complete items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fel;will ~rovide ~ou the name of the ~arson delivered to end the date ef delivery. For add1t1onal fees the 0116 mg services are evadable. Consult postmaster for fees end chec box(es) for additional service(s) requested. 1. ~ Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number p 343 572 081 Katherine Monroe Honea Type of Service: p 0 Box 288 D Registered D Insured Basalt, co 81621 XJ Certified Dcoo 0 Express Mail O Return Rece~t for Merchen ise Always obtain signature of addressee -. -, or agent and DATE DELIVERED. 5. s;gn!'IJ1..UAdd_r~~ .. ~~ 8 . Addressee's Address (ONLY if x ,,__ • --I f' v''1./..L -requested and fee paid) 6. Si nature -Afent x , 7. Date of Oerq_rv ,._ (2-,.l/:!; PS Form 3811 , Apr. 1989 •U.S.G.P.O. 111811·238·815 DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 end 2 when additional services are desired, and complete items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and th~ dtte ~f delivery. For add1t1onal fees the ollow1ng services are available. Consult postmaster for fees en c ec boxfesl for additional service(s) requested. 1. 1f:l Show to whom delivered, date, end addressee's address. 2. 0 Restricted Delivery (Extra chargt') (Extra charge) 3. Article Addressed to: Denver and Rio Grande P 0 Box 5482 Denver, CO 80217 6. Signature -Addressee x 6. x 7. PS Form 3811, Apr. 1989 Western Railr~.._~~~~~~~~~~~~ Type of Servid * U.S.G.P.O. 1989-238-815 D Registered Kl Certified D Express Mail D Insured Dcoo O Return Receipt for Merchandise Always obtain signature of addressee or agent end DATE DEUVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will (!:rovide ~ou the name of the 12:erson delivered tQ and the date of deliverv. For add1t1onat fees the ollow1ng services are available. Consult postmaster for fees and c;:heck box1es1 tor additional service(s) requested. 1. CX. Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Theodore R. Gaugler, Ellen J. p 343 572 083 Gaugler, and Robert H. Gaugler Type of Service: D Registered D Insured p 0 Box 71 (2'I Certified Dcoo Glenwood Springs, co 81602 D Express Mail D Return Race~t for Merchen ise Always obtain signature of addressee or agent end DATE DELIVERED. 5. Signature -Addressee 8. Addressee's Address (ONLY if x requested and fee paid) ~~ t1 -Agent j <:;_<,' I ~- r>fln 7. Dau of Delivery APR -~ 199~ PS Form 3811, Apr. 1989 * U.S.G.P.0. 1989·238·8Hi DOMESTIC RETURN RECEIPT -------------------------------------------------------------------------------- ----- • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this witl prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and the date of deliver~ For add1t1onal fees theollowing services are available. Consult postmaster for fees and check box(es) or additional service(s) requested. 1. >() Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: Merle N. Carver 8339 Foxfire Drive Orangevale, CA 95662 4. Article Number p 343 572 084 T.YPe of Spice: LJ Registe~ t D Insured u Certified ri D COD D Express_Mai! O Return Recei~t for Merchandise ignature of addressee AJ: EUVERED. l-;;,.-,;:r"i:::-,-,,,,,----,r"!;'.d~,~es~s~e~~e~~~~~~~~~~-j~B,,_.-7-,..,..,..S~ s (ONLY if 6. ignature -Agent x 7. Date of Delivery PS Form 3811, Ap<. 1989 * U.S.G.P.O. 1989-238-815 IC RETURN RECEIPT • SENDER: Complete items 1 end 2 when additional services ere desired, and completE:I items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and th~dtte e\!eliver1 For a~q1t1onal fe~s the ollowmg services are available. Consult postmaster for fees an c ec xies) or add1t1onal serv1ce(s) requested. 1. 1eJ Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery (Extra charg~) (Extra charge) 3. Article Addressed to: • 4. Article Number Robin Little Garvik and Kenneth W. Garvik 0424 Stagecoach Lane Carbondale, CO 81623 7. Date of Delivery PS Form 3811. Apr. 1989 * U.S.G.P.O. 11189·238·815 p 343 572 085 Type of Service: D Registered KJ Certified 0 Expr~M;il-. DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the person delivered to and th~date of deliverl For add1t1onal fees the ollow1ng services are available. Consult postmaster for fees an check box(es) or additional service(s) requested. 1. lil Shr ,, to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 5. x 6. x 7. Kurt J. & Elsbeth R. P 0 Box 1985 Wigger Glenwood Springs, CO 81602 Signature -Addressee Date f PS Form 3811, Apr. 1989 * U.S.G.P.O. 1989·238·815 4. Article Number p 343 572 086 Type of Service: D Registered [ii Certified D Express Mail 0 Insured D coo D Return Receipt for Merchandise DOMESTIC RETURN RECEIPT ------------ - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - • SENDER: Complete items 1 end 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will 12rovide ~ou the name of the 12erson delivered to and th~ date of deliver'f For add1t1onal fees the ollow1ng services are available. Consult postmaster for fees en ~heck box/es) or additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Richard T. & Grace M. Moo lick p 343 572 087 5109 County Road 154 Type of Service: Glenwood Springs, co 81601 D Registered 0 Insured ~ Certified Dcoo 0 Express Mall O Return Rece~t for Merchen ise Always obtain signature of addressee or agent end DATE DELIVERED. 6. · re Addr~ee \) Ji 8. Addressee's Address (ONLY if x ~ "(, ';'-',-~" requesled and fee paid) 6. Signature -Agent x 7. Date of DAPR _ S !OO~ PS Form 3811, Ape. 1989 * U.S.G.P.O. 1989-238-815 DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additionol services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the oerson delivered to and th~dtte ff delivery. For add1t1onal fees the ollowmg services are available. ConsUlt postmaster for fees an c ec boxles) for additional servicelsl requested. 1. []C Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Ken Kriz p 343 572 088 0497 County Road 167 (Jpe of Service: Glenwood Springs, co 81601 Registered 0 Insured &:J Certified Dcoo D Express Man O Return Rece~t for Merchen ise Always obtain signature of addressee or agent and DATE DELIVERED. 6. s\9c'" -Addr•\Cl!" . ~ 8. Addressee's Address (ONLY if x -9"'--i. -~ .... .... requested and fee paid) 6. Signature -Agent C> x 7. Date of Delivery APR -cj' 1993 PS Form 3811 , Apr. 1989 • U.S.G.P.O. 1989-238-815 DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 end 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return re ei t fee will rovide ou the name of the person delivered to and th~dtte 2\S,eliver~ For ad 1t1ona ees e o owing services are available. Consult postmaster for feeS en c ec xies) or additional service~) requested. 1.XO Show to whom delivered, date, and addressee's address. 2. 0 RestriCted Delivery (Extra char~) (Extra charge) 3. Article Addressed to: Alfred John and Elizabeth Hood Nemof f P 0 Box 2106 Glenwood Springs, CO 81602 7. Date of Delivery APR -5 PS Form 3811, Ap•. 1989 * U.S.O.P.O. 1989-238-815 4. Article Number p 343 572 089 Type of Service: 0 Registered IBl Certified 0 Express Mail 0 Insured D COD O Return Receipt for Merchandise Always obtain signature of addressee or agent end DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items l and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the oerson delivered to and h ate of deliver . For addlt1onal fees theollowmg services are available. ConsUlt postmaster for fees an c ec ox es .or additional service(sl requested. 1. ~ Show to whom delivered, date, and addressee's address. (Extra charge) 2. 0 Restricted Delivery (Extra charge) 3. Article Addressed to: Golden Buff Enterprises P 0 Box 2104 Glenwood Springs, CO 81602 5. Sign -Addressee s x ~~ 6. Signature -Agent x 7. Date of Delivery PS Form 3811, Apr. 1989 * U.S.G.P.O. 1989·238·815 4. Article Number p 343 572 090 Type of Service: D Registered KJ Certified 0 Express Mail D Insured D COD O Return Receipt for Merchandise DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the oerson delivered to and thLdate of deliverl For add1t1onai fees the following services are available. Consult postmaster for fees 8nacheck box(esl or additional aerVice(s) requested. 1. f.i Show to whom delivered, date, end addressee's address. 2. D Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: Virginia C. McDonald 204 Makee Road Honolulu, HI 96815 Signature -Addressee /~s ~or\fi 3811, Apr, ,; .. 4. Article Number p 343 172 091 Type of Service: 0 Registered ~ Certified D Express Mail ' 0 Insured D COD 0 Return Receipt for M rchandise Always obtain signature of addressee or agent end DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3and4. , Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei~t fee will provide you the name of the oerson delivered to and he d d 1iv r . For add1t1onal fees the ollowmg services are available. ConsUlt.postmaster for fees an ec x es or additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: ichelle M. Balcomb :P: .O.dlrawer 790 lenwood Springs, CO 61602 1989 •U.S.G.P.0. 1989·238-815 4. Article Number 343 5 7 2 llllf-07 'I Type of Service: D Insured D COD D Return Receipt for Merchandise n slgnature of addressee DATE DELIVERED. DOMESTIC RETURN RECEIPT • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return re~ei~t f~e will !;!:rovide ~ou the name of the ~arson delivered to and ~ite ~'£%eliver1 For edd1t1onal fees t e ol Owmg services are available. Consult postmaster for fees e iJ. ec x(es) or edditional servicefs) requested. 1. . Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number David and Michelle Franklin p 343 572 .QIN-oc; !L 4904 County Road 154 Type of Service: Glenwood Springs, co 81601 0 Registered 0 Insured ~ Certified D coo 0 Express Mail O Return Rece~t for Marchan ise Always obtain signature of addressee or agent end DATE DELIVERED. 6.~ -;?Jdressee ~' ' 8. Addressee's Address (ONLY if x \(Q 1111 ' A • requested and fee paid) 6. Signature -Agent . . x 7. Date of Delivery PS Form 3811, Apr. 1989 * u.s.a.P.o. 19a9.2n-a11 DOMESTIC RETURN RECEIPT LAW OFFICE JOHN l. KEMP, P.C. I ll!~iU~i~~ 11 • 11 p 343 572 ••• 11; COLORADO NATIONAL BANK BUILDING 905 GRANO AVE .. SUITE 2 GLENWOOD SPRINGS, COLORADO 81601 "{~ «'1?, ~b~ •. · -z..o" . .,.~,,..:~~ .. ~ r-·~,..t-~~-'f--1',.. ~:."',£~hf~; f[;-~~~~':-· "'h-.. f)r:r-7~~~:-r~ -~ ..... , ... "'t 'l.o.:.... ··~ '\ l>._ ~ .. MAIL ------~~;:;·-~ -~~-;.·~~~~-==-:;-~: ~:._; . ~- -7 . . ·' Iron Mountain Condominium Association Suite C-lA, Village Plaza Glenwood Springs, CO 81601 (l\•: ~: .... ~ --1st N0::~-;~·APR 5 -13g3 ,~.... ~.'. .~; ·"I __ .,,.... -"...I I tD\iC·.,; t'c·~:!'", •---- ''"'""'· ·------- '· .... ~ .. ~ • > ! • "" -c 0 ~1 " -~t "E -o u ~~ I I I I I I I I I I I I I I I I I I I 11 11 I' 'I' 11i 11111 II 11111111111111 111111111 I ~ T • SENDER: Complete items 1 and 2 when additional services are desired, and eo11lplete ltemt 3and4. ' Put vour address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this ~ from being returned to you. The return recei~ fee will ~ovide ~the name of the ~son delivered to 1 the date of deli:N For additional fees the OllOWmg services are available. tons postmaster for fees~ ana cheek bOx(es or additional servtce(s) requested. - 1. XJ Show to whom delivered, date, and addressee's address. 2. D Restricted Delivery .._ (Extro c/uuge) (Ez"'1 c/uug•) 3. Article Addressed to: 4. Article Number Iron Mountain Condominium Associati mP 343 572 080 Suite C-lA, Village Plaza Type of Service: Glenwood.Springs, co 81601 D Regmen!d 0 onsu...i ~c-Dcoo 0 Ex~ssMail D~~ Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature -Addressee 8. Addressee's Address (ONLY if x rt!'!"'sted DNi ftt paUf) 6. Signature -Agent x 7. Date of Delivery I PS Fonn 3811. Apr. 1989 J_ .. *U.S.G.P.O. 1.......,5 DOMESTIC RETURN RECEIPT 2J ! ;t !i • " " 2J,.. -~ _c 'll 4 II> !il eC <! !!. ~il _+ __ -~~-" --------------------------------------------------------------------------------------------------------- PUBLIC NOTICE TAKE NOTICE that Slattery Investments, A General Partnership, has 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: See Exhibit A Practical Description: Located on the north side of County Road 154, approximately one (1) mile northwest of the intersection of State Highway 82 and County Road 154 . Said Variance application is to allow a reduction in the required front yard setback from 25 feet to 3 (three feet) 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 co=ents 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 22nd day of April, 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 .~· BXllIBIT ?~A" PROPERTY DESCRIPTION ORDER NO: 91019189 A pai·cel of land situated in Lot 34 and 35 of Section 1, Township 7 South, Range 89 West of the 6th P.M., County of Gai·field, State of Colorado lying Southweste1·ly of the Southi~esterly 1·ight-of-way 1 ine of the Denver and Rio G1·ande Western Railroad (Aspen Branch) Northeasterly of the No1·theaste1·ly right-of-way line, of a County Road, being Old State Highway No. 82, said Parcel-of land is described as folloivs: Beginning at a point on the Easterly line of said Lot 34, being also a point on the Northeasterly right-of-way line, of said County Road, whence an iron post with a brass cap found in place and properly marked for the Southeast corner of said Lot 34 bears: s. 01 degrees 31'00" E. 114.30 feet; thence N. 64 deg1·ees 12'15" w. 103.62 feet along the Northeasterly 1·ight of way line of said County road; thence N. 70 deg1·ees 42'48" w. 262.69 feet along the No1·theaste1·ly 1·ight of way line of said County Road, to a point on the Northerly .line of said Lot 34; thence s. 87 degrees 11 '00" E. 216. 71 feet along the Northerly line, of said Lot 34, to a point on the Southwesterly right of way line of said railroad; thence 316.23 feet along the arc of a curve to the right having a radius of 2525 .14 feet the chord of which bears: s. 66 deg1·ees 09'08" E. 316.02 feet; thence s. 27 degrees 53'21" f'I'. 69.03 feet to a point on the Northeasterly 1·ight of way 1 ine of said County Road; thence N. 62 degrees 06'39" W. 93.57 feet along, the North- easterly right of •~ay line of said County Road; thence N. 64 degrees 12'15" r'I'. 54.70 feet along, the No1·th- easterly right of way line, of said County Road, to a point on the west line of said Lot 35, the Ti·ue Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO .,,_ Pl&IC NOTICE TAICE NOt1CE thlt S1111iry Ir wli:a-. A a.n..r ._ ... _ ..... 2-_d __ "'8rC. GmfWd Counly. a... d Colndo. to giant a v...._ 1n connec:t1Dn .ei .._ 1o1ow1ng ~ j pniperty ....... In .. Counly d a.tleld. Sllde d --PllUl""l:INlT WWW' llON 1 A pW09I d llnCf 8ftuli9el In Lal 34 and 35 d S9dlorl 1, T~ 7 SolM\, Awige 30 W.. d-h-ah P.M. l County d OadW:I. .. d Cobadotpv Soultlwalt- edyolhSwl; .. lyrtgtlkf..., hdtheDenwr ... _____ _ --.i, d the Fbl I 1y ~,~cl a """""'--""'-.... -~ dllnCI .. ....,., _falowc. ~· Beglnrmg lit. point on.1fle e-t, tn.d9111d lot 34. be*ig.,_poinl:onlheNcd ly rtgtt.d....,llne,, of.id eo.!ly Ao.cl. ........ 1ronpo111: ......... ~found lnfJlaoeand~ nWflleclfrorth9Soulh- .... cornerd .... l.ct34tie.-= s.-01:---.atw E.114.30flMll;lhehceN.64degr-.12'15". 1<XJ..62MI: *vthe Noill I I) rtlhlof w.ylhtd..rctCounty rmd:bno9N. 70--4Z4r-W.282.89tMtlllong lleNoil ' ') rtgflldwayhol~ffoad. to I a point on the Northerly h d lllid Lot 34; lhenot S . 7 -11 '00"E.216. 71 feetlllongfle ~ lne. cf9111d Lot 34, to a pant on the SoulhWlllerly llgtll: d way h d Mld~ttienc.318.23tMtaiongthearcolaQne IOIMdghl: hawing a ..._cf2525.14. feel tl'9 cflord d wNctl~5.8B~fml"E.31&02'9d;ttlMC8 S. 'Z1 ..... 53 '21 '"W. 88. 03 feet to Ii poH on the ! Ncllfl '°f lfgN: d __,. h d said County Rom; 1-N.82-00'3ll'W.03.$7toet_ ... Noill I 1y rigt1t d _, h ol said Counly Ro9d; tl'8ft09 N. 64 degi999 12 "15" w. 54. 70 '-' l!llclng, the Hoitt ' l)rfghl:dwayh.oflllid~fbd.to • poinl on the well h or 9llld Lot 35. the True Point of --' J coum OF GARFIELD STAlE Qt COLORADO PractlCml ~ Loceted on the north llde d CountyRmd 154,&pp1QICL ,......, one(1) mlenoitmwest _d __ ..... County_ , ... I Sallll.Varience ~Is lo lllbw a t9dudlon h 119 requ"9cf ln:n)Wdtetbeckhotn2Sfeetto 3 (three feet) ~ onthellllo d•ab&d~. Ail per90t19 affected bylhe prtipOll9d Variance appllca- tltin are lrwfledto llllPPMf and slD thell'vlews, pro«ea OI' objectfons. If Yo1o1 CM not ...... P9f'llOnlllly al 9Ud'1 hearing. ttlenyo&i areurgm to,.,. J'CIW'viewsbyletter, pettlc:ullrty II you hawe ot;dorat to 9Ueh VMMoe applcatlori requeet. mthe Z°'*'9 8*d d AdfullrMnt wit gf¥eo WI aldecalk>ii lo the carrwnents d SUff'OWldlng pl'op.tyOWMraMdothera.rJec:tedtldecfdhowhlther lo ~ ot deny the requlJlt for lie Vwllnc:e. 1Ns Varlanceapplcllllonrnayberwlewedatthedftceoflhe f'tllnning Oep.trnn bClded at 10l 81h Street. Sule ,..,...._.,_.,."-.._ _ Cokndo,. between ttiehouni °' a.-ooa.rn.ancr S:OOp.m., __ . ...,._ 'l1lllt put:6:t hMrtig on the~ has been Ml for .. 22nd day d Apt. 1Dll2. 81 the how d 3:30 P.m.. al theofllcedtheZoriitigeo.dd~ Sulle301, _"""""'......._, "'"'""----~-....... D ; IDWl•_Gdlld:Conp. PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. SS. N2 24605 Robert L. Krecklow I, ..................................................................................................... . do solemnly swear that I am ... .f..1,1.Q.Ll,s.h.e.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-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements \vithin the meaning of the la\vs of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of ..... } ......... consecutive insertions; and that the first pub_ lication of said notice was in the issue of said newspaper dated ...... A.11.r.i.l ... .5 .............. A.D., 19.9.3 ..... , and the last publication of said notice was in the issue of said newspaper dated Apr.il ... .5. ..... A.D .• 19 .. 9.3 ..... In witness whereof I have hereunto set my hand this ... .5..t..ll ........ . day of .. A.P..i:-.. ~J ................................. . -~~ ........ ?? .. Subscribed and sworn to before me, a notary publi~ and for the County of Garfield, State of Colorado. this ............. :?. ..................... day of ............... :A.p:::1J ......................... A.O., 199.3. .. . (SEAL) ~ .. b~ Notary Public My Commission Expires ................. 1\.-. .... a.!;>. .. ( ... ffi.Q ........ . 2014 Grand Ave., Glenwood Springs, CO. 81601 ' - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - CERTIFICATE OF MAILING I hereby certify that a copy of the attached PUBLIC NOTICE was sent by Certified Mail, postage prepaid, return receipt requested, on this h/ day of Qr« , 1993 to the following: David and Michelle Franklin 4904 County Road 154 Glenwood Springs, CO 81601 Iron Mountain Condominium Association Suite C-lA, Village Plaza Glenwood Springs, CO 81601 Katherine Monroe Honea P 0 Box 288 Basalt, CO 81621 Denver and Rio Grande Western Railroad P 0 Box 5482 Denver, CO 80217 Theodore R. Gaugler, Ellen J. Gaugler, and Robert H. Gaugler P O Box 71 Glenwood Springs, CO 81602 Merle N. Carver 8339 Foxfire Drive Orangevale, CA 95662 Robin Little Garvik and Kenneth W. Garvik 0424 Stagecoach Lane Carbondale, CO 81623 Kurt J. & Elsbeth R. Wigger P o Box 1985 Glenwood Springs, CO 81602 Richard T. & Grace M. Moolick 5109 County Road 154 Glenwood Springs, CO 81601 Ken Kriz 0497 County Road 167 Glenwood Springs, CO 81601 Alfred John and Elizabeth Hood Nemof f P O Box 2106 Glenwood Springs, CO 81602 Golden Buff Enterprises P o Box 2104 Glenwood Springs, CO 81602 McDonald · ia c. Virgin Road 204 Makee HI 96815 Honolulu, Balcomb Michelle M.790 81602 P 0 Dra~e~prings, CO Glen woo PUBLIC NOTICE TAKE NOTICE that Slattery Investments, A General Partnership, has 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: See Exhibit A Practical Description: Located on the north side of County Road 154, approximately one (1) mile northwest of the intersection of State Highway 82 and County Road 154 . Said Variance application is to allow a reduction in the required front yard setback from25 feet to 3 (three feet) on the abovrxiescribed 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 co=ents 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 &th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of&:OO a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application has been set for the 22nd day of April, 1992, at the hour of 3:30 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County Courthouse, 109 &th Street, Glenwood Springs, Colorado. Planning Department Garfield County BXllIBIT !~A" PROPERTY DESCRIPTION ORDER NO: 91019189 A parcel of land situated in Lot 34 and 35 of Section 1, Township 7 South, Range 89 West of the 6th P.M., County of Gai·field, State of Colorado lying Southwestei·ly of the Southwestei·ly i·ight-of-way 1 ine of the Denver and Rio Grande Western Railroad (Aspen Branch) Northeasterly of the Noi·theastei·ly right-of-way line, of a County Road, being Old State Highway No. 82, said Pai·cel of land is described as folloi~s: Beginning at a point on the Easterly line of said Lot 34, being also a point on the Northeasterly right-of-way line, of said County Road, whence an iron post with a brass cap found in place and propei·ly mai·ked for the Southeast corner of said Lot 34 bea1·s: s. 01 deg1·ees 31 '00" E. 114.30 feet; thence N. 64 degrees 12'15" w. 103.62 feet along the Northeasterly l"ight of way line of' said County l"oad; thence N. 70 deg1·ees 42'48" w. 262. 69 feet along the No1·theasterly l"ight of way line of said County Road, to a point on the Northerly .line of said Lot 34; thence s. 87 degrees 11 '00" E. 216. 71 feet along the Northerly line, of said Lot ·34, to a point on the Southwesterly right of way line of said 1·ailroad; thence 316.23 feet along the arc of a curve to the right having a radius of 2525.14 feet the chord of which bears: s. 66 degrees 09'08" E. 316.02 feet; thence s. 27 degrees 53'21" w. 69.03 feet to a point on the Northeasterly right of way line of said County Road; thence N. 62 deg1·ees 06'39" w. 93.57 feet along, the North- easterly right of •~ay line of said County Road; thence N. 64 degz·ees 12' 15" I'/, 54. 70 feet along, the No1·th- easterly right of way line, of said County Road, to a point on the west line of said Lot 35, the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO • SUBMITTAL REQUIREMENTS Slattery Investments zoning variance Request A. A Sketch Map showing all improvements on site, the building location and size and setbacks and access points is attached. B. A Vicinity Map is included on the Sketch Map. C. A copy of the original Warranty Deed from Carl J. Midland to Slattery Investments, dated September 16, 1991, is attached and includes the legal description of the property. The property contains 0.61 acres, more or less. D. A practical description of the site is as follows: The site is 514 ft. long in the front and 316 ft. long in the rear. The maximum width of the site is on the southeast boundary and is 69 ft. The site location is northwest of, and adjacent to, 5050 to 5080 County Road 154, Glenwood Springs, Colorado. When constructed, the building on the site will bear a post office address of 5010 to 5040 County Road 154. The site is on the north side of County Road 154, about 1 mile northwest of the intersection of Highway 82 and County Road 154. E. The names and addresses of the property owners adjacent to or within 200 feet of the site are contained on a list attached hereto. F. The source of domestic water for the site is a Permitted 15 g.p.m. commercial well, with the water supply guaranteed by contract with the Basalt Water Conservancy District. In 1985, two variances were approved for the site. The first variance was for a reduction in the allowable rear yard setback from twenty-five (25) feet to four (4) feet. The second variance will allow for the placement of an individual sewage disposal system on a lot of less than two (2) acres without central water. G. The Plans and Specifications for the proposed building to be built on the site are attached. H. A narrative explaining why the variance is being requested is as follows: Beginning in the late 1960's, commercial development began to evolve in the area of the site along the north side of County Road 154 from its intersection with Highway 82 (the CMC turnoff) and proceeding for about 1 mile northwesterly to the subject property. On the south side of County Road 154, commercial development proceeded from the Highway 82 intersection northwesterly for about 1/3 of this distance. The remainder of the property northwesterly of the site along the north side of County Road 154 has naturally developed as residential property. This is true also along the south side of County Road 154. The westerly end of the subject property is an unusually shaped, narrow, triangular slice of land that is unusable because of its shape. It is also beautiful because of its natural growth and it is higher than the land both to the northwest and southeast of it. Therefore, it is a visual buffer between the remainder of the subject site and the residential properties to the north and west of the site. It is a buffer between the commercial and residential developments along the north side of County Road 154. In 1991, Slattery received County approval R/G/SD to C/L. At this Investments bought the property and to change the zoning of the site from time, Slattery voluntarily downzoned • e his property to the southeast from C/G to C/L. The zoning change was granted because: (1) the Board recognized the property as a natural buffer between commercial and residential development, (2) the Board was impressed with the commercial development of the adjacent properties by Slattery Investments, and (3) residential neighbors came to the hearing in support of the zoning change. All of the lots that have been commercially developed along the north side of County Road 154 bear the same common characteristic. Each lot is extremely shallow in depth, front to rear, and is extremely long in frontage along County Road 154. Maps provided with this variance request show that one commercial building has previously been granted a zero setback and several have setbacks of 3 feet or less. Variances have, in the past, been granted to each and every commercial building along the north side of County Road 154, resulting in a reduction in both the front and rear yard setbacks to all of the properties. The site in question is typical of all of the commercial sites on the north side of County Road 154. On the west end of the site (see the discussion of a buffer, above), the site is unusable for about 150 feet because of its narrow width. The maximum width of the lot is along the east boundary, a width of 69.03 ft. The C/L zone district setbacks of 50 ft. (front yard) and 25 ft. (rear yard) would completely consume the entire lot. Even with the granted rear yard setback variance of 4 ft. (1985 variance), if the front yard setback of 50 ft. is not alleviated only a 15 foot strip would exist within which to build on. The criteria in the Zoning Resolution for granting a variance of this type includes language directing the granting of a variance " by reason of exceptional narrowness, shallowness or shape of the specific piece of property ..• ". This case is a classic example of how and when such language in the Zoning Resolution should be applied to grant relief to a property owner by reducing the front yard setback. Furthermore, other factors outside of Applicant's control have contributed to the unusual shape of the site, and such factors existed at the time of enactment of the Zoning Resolution. To the rear of the site is the Denver and Rio Grande Railroad. Its right-of-way is 100 feet, instead of the usual 50 feet that prevails over many of its miles of track. County Road 154 is the result of a vacation to the County of a previously dedicated State Highway. Consequently, its width is 80 feet instead of the usual 60 feet. Because of the 80 foot width of County Road 154, if the requested 3 feet 1 inch setback is granted, there will still be a setback of the building 43 feet 1 inch from the center of the County Road and 28 feet 1 inch from the edge of the road. While a 3 foot 1 inch setback is being requested, the actual base of the building on the ground will be no closer than 9 feet 1 inch from the front lot line. The additional 6 foot setback has been requested because of the roof overhang. Finally, it should be pointed out that the building to be built on the site will be a near duplicate of the Slattery Investments building on the adjacent property to the southwest. As such, the building will be of the same high quality in visual appearance and landscaping. Just like the adjacent commercial building, the front area of the building to be constructed on the site will be paved by Slattery from the edge of the building to the edge of the roadway, thus presenting a visually pleasing and safe shoulder along the County Road. -2- • I. See H, Above. J. See H, above. K. A $250.00 check for the variance fee is attached. -3- • LIST OF ADJACENT PROPERTY OWNERS Slattery Investments Variance Request The following is a list of adjacent property owners, or property owners within 200 feet of the site owned by Slattery Investments, upon which a front yard setback variance is requested: David and Michelle Franklin 4904 County Road 154 Glenwood Springs, CO 81601 Iron Mountain Condominium Association Suite C-lA, Village Plaza Glenwood Springs, CO 81601 Katherine Monroe Honea P O Box 288 Basalt, CO 81621 Denver and Rio Grande Western Railroad P O Box 5482 Denver, CO 80217 Theodore R. Gaugler, Ellen J. Gaugler, & Robert H. Gaugler P o Box 71 Glenwood Springs, CO 81602 Merle N. Carver 8339 Foxfire Drive Orangevale, CA 95662 Robin Little Garvik & Kenneth W. Garvik 0424 Stagecoach Lane Carbondale, co 81623 Kurt J. & Elsbeth R. Wigger P O Box 1985 Glenwood Springs, CO 81602 Richard T. & Grace M. Moolick 5109 County Road 154 Glenwood Springs, CO 81601 Ken Kriz 0497 County Road 167 Glenwood Springs, CO 81601 Alfred John and Elizabeth Hood Nemoff P O Box 2106 Glenwood Springs, CO 81602 Golden Buff Enterprises P O Box 2104 Glenwood Springs, CO 81602 Virginia C. McDonald 204 Makee Road Honolulu, HI 96815 Michelle M. Balcomb P o Drawer 790 Glenwood Springs, CO 81602 ~ RESTAURANT and LOUNGE P.O. Box 1985 Glenwood Sp~ngs. Colorado 61602 Kurt & Elsbeth Wigger Box 1985 Glenwood Springs, Colorado 81601 I Garfield County Zoning Board of Adj. Att: Mr. Mark Bean Court House 109 8th Street Glenwood Springs, Co. 81601 To whom it might concern; March 24. 1993 Re: Bill Slattery -new office building on 154 Rd. Glenwood Springs. We will be out of town for Bill Slattery's hearing on April 22. 1993. We do not oppose with his plans of errecting a commercial building and we do not object to a set-back variance. We much rather have a commercial- building there, the way his is going to look, than an ugly apartement building where you don't know who is moving in. Bill's existing building is very attractive and does not bother anybody. We hope you aprove his plans. ,. . • l April l, 1993 Mr. John Kemp 905 Grand Avenue, Suite 2 Glenwood Springs, CO 81601 RE: Variance Request Dear Mr. Kemp: GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL Your client's application for a Variance to allow a reduction in the minimum front yard setback associated with the C/L zone district has been scheduled for a public hearing before the Zoning Board of Adjustment on April 22, 1993, at 3:30 p.m., in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. ltis suggested that you or your authorized representative bein 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 thehearing. 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 15, 1993, 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. Dave Michaelson Garfield County Planner DHM/dhm Enclosure \ 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 \ PUBLIC NOTICE TAKE NOTICE that Slattery Investments, A General Partnership, has 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: See Exhibit A Practical Description: Located on the north side of County Road 154, approximately one (1) mile northwest of the intersection of State Highway 82 and County Road 154. Said Variance application is to allow a reduction in the required front yard setback from 25 feet to 3 (three feet) 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 22nd day of April, 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 • BOOK 813 PAGE 48.l BXHIBIT :1 ~A 11 PROPERTY DESCRIPTION ORDER NO: 91019189 A pa1·cel of land situated in Lot 34 and 35 of Section 1, Township 7 South, Range 89 West of the 6th P.M., County of Garfield, State of Colorado lying Southwesterly of the Southivesterly right-of-way line of the Denver and Rio Grande Western Railroad (Aspen Branch! Northeaste1·ly of the Northeasterly right-of-way line, of a County Road, being Old State Highway No. 82, said Parcel of land is described as follows: Beginning at a point on the Easte1·ly line of said Lot 34, being also a point on the Northeaste1·ly right-of-way line, of said County Road, whence an iron post with a brass cap found in place and properly marked for the Southeast corner of said Lot 34 bears: s. 01 degrees 31'00" E. 114.30 feet; thence N. 64 degrees 12'15" w. 103.62 feet along the No1·theasterly right of way line of said County road; thence N. 70 degrees 42'48" w. 262.69 feet along the Northeasterly right of way line of said County Road, to a point on the Northerly .line of said Lot 34; thence s. 87 degrees 11 '00" E. 216. 71 feet along the No1·the1·ly line, of said Lot 34, to a point on the Southwesterly right of way line of said railroad; thence 316.23 feet along the arc of a curve to the right having a radius of 2525, 14 feet the chord of which bea1·s: s. 66 degrees 09'08" E. 316.02 feet; thence s. 27 degrees 53'21" W. 69.03 feet to a point on the Northeasterly right of way line of said County Road; thence N. 62 degrees 06'39" W. 93.57 feet along, the North- easterly right of way line of said County Road; thence N. 64 degrees 12'15" W. 54.70 feet along, the North- easterly right of way line, of said County Road, to a point on the west line of said Lot 35, the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO . . -e lj; 11 . : ' .,J . j. i ; : } GARFIELD C~~~I~p~i:Ig'; ANUSTMENT ' . ' 1: ',l ; '.!t"j: : PUrsuant to section 9.05 of the Garfield eounty zoning' :-tj:,; .· i 1 , ~· '. '. \ . ! ). ·ltesolution Slattery Investments, a General Partnership ~\ •; 1 , 1 • I I • · · ""'(-a-pp..;l;.;i;:.;c::.a:..n.;.t/::.,o::.w~n-e_r_s-nam-'-e-.),___...:_ _______________ ~--k '; i· ' Jl, request(s) a variance to Section 3.07.06(1) of the Garfield County Zoning t. ' 1 .1 'Rl!solution .· ,~; •. 1 :'. : l 1, 1 '.i I t ! J t ! ~· ' (;~ ., ! ' i ! i ~ · foncerning granting a variance to permit a front yard setback . 'i ! . ~ : r ·,1 • i; I I : : · 1 of ,3 ft. 1 inch from front lot line in the _c_/_L_. ______ zone dist~i.iTt. · l I ·: SUBMITl'AI.. J:IDi?UIREMENTS: (see attached) .i• 1·1; A. sketch map: showing all. improvements on the site, building sizes, !I l.; I ! locations, setbacks, and access points. .f. · i .. B. Vicinity map: showing .general geographic location. i j c. Legal description of site -Copy of Deed of o.mership. I it .. D •. Practical description of site -including address. within 200 ft. of the site • 1 E. Names and addresses of property owners adjacent to or . ·; I : (available through the Assessor's office) I i!: ·F. Where applicable: descriptions of domestic water source, ; ·, ,sewage disposal, and:other " : ': · utility facilities ... I \ '., G. Plans and specifications for the proposal. .' H. Narrative explaining why the variance is being requested • . 1 ; ; I. It should be demonstrated by the above information and statements that, • ... where by 'j i reason of exceptional ·narrowness, shallowness or shape of the specific piece of I 1 .• : 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 I : 1 exceptional situation or condition of such piece of property, the strict appliCation I · 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: ; 1 ' ' 9 .05 .03 (l): 'lbat the. variance granted is the minimum necessary to alleviate , I' such practical difficulties or undue hardships upon the owner of said property1 :,' · 9.05.03 (2): 'lbat such relief may be granted without substantial detriment to.the ! public goOO-and without substantially impairing the intent and purpose of the general 1 plan or this resolution; ,. 9.05.03 (3): 'lbat the circumstances found to constitute a hardship were not caused by i the appIICant, are not due to or the result of general conditions in the district, \ 1 , and cannot be practically corrected; ! ; ·. , , K. A$250 fee nust be submitted with the application. '. ,: l : ~ : ~ I , . : PROCEDURAL J:IDi?UIREMENTS: ' .1 ' ', 1. submit applications to the Garfield county Department of Building, Sanitation and I I : '1 ! . 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" indicatin~ 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) '!11e above and attached information is correct and accurate to the best of my knowledge, Slattery Inv tments APPLICANT: Slattery Investments MAILING ADDRESS: 5134 County Road 154 CMNER: same (if different from above) MAILING ADDRESS: same PHONE same -~~-------~~-~---~~----- -." R-: ;cpli.on No . .. ~ccordcd al , -J J. F. LOO WARRANTY DEED TlllS l>J~gn, Mndc this 16th day of CARL J, MIDLAND of the said County of GARF! ELD SLATTERY INVESTMENTS September and State of COLORADO whosclcgaladdrcssis 5134 Road 154, Glenwood Springs, CO 81601 • 1991 , bclwccn , grantor, and oflhc said County of GARFIELD and State of COLORADO , grantee: BOOK 81:J PIGE 1180 m·'TH 1991 State Doc, r eu $!/02 \VITNESSETll, Th11t thc grnntor for and in considcrution of the sum of valuable consideration Ten Dollars and other good and DOLLA~S, the receipt and sufficiency of which is hereby acknowledged, has granted, bflrgnincd, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improve1nenls, if any, situale, lying and being in the said County of GARFIELD and State or Colorado described as follows: SEE EXHIBIT 11 A11 as known by street nnd nu1nbcr ns: TOGETHER with nil and singular the hcrcditamcnts and nppurtcnanccs thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever or the grnntor, either in law or equity, or, in 1111d to the above hargaincd premises, with the hcrcditamcnts and appurtenances. TO llAVE AND 'I'() llOLD the said premises ubovc bargained and clcscrihcd, with the appurtenances, unto the grantee, his heirs and nssigns forever. And the grnntor, for himsel r, his heirs, nnd personal representatives, docs covenant, grant, bargain, and agree to and with the gr11ntcc, his heirs and assigns, that nt the time or the cnscaling and delivery or these presents, he is well sei1.cd of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inhcrilancc, in law, in fee simple, and has good right, full power and lawful authority lo grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions or whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1991, not yet due or payable The grnntor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully elaiining the whole or any part thereor. The singular number shall inS}.ud6')thc plural,~ plural the sin vlo.r, and the use of any gender shall be applicable to all genders. IN \V17E~~}VIIEI~ ~~g a~tor c 6cutcd ~/deed on the date set forth above. ( ?0./ (I '.'.-l 4:£-?~ State of COLORADO ) ss. County or GARFIELD The foregoing instrument wns acknowledged before me this by CARL J. MIDLAND , ·'' MY. .commission expires 052495 ' .•' ··. " ..,: . -... . \·rt\ ...... . : . ...; h'-1 • .I}·· ·.: :· .· . . ··:-:--~·- :. /;,. r 1 r • <" c'·.•v,]\\-·e .. ,.-'. '.' ... -..• •• I -.,· ... ~~-·-"-' . ..:. St1:w11111'illt o~ ciltn\vood Spring•· Flit No. 91019189 No. Sl3lA \VAIUtANTY DEED (For l'hotogrophlc Record) ~~~~~~~~~~~~~~~~~~~~~ 16th day of September ,19 91 • Witness my hand and official seal. [.,a~'--· or-- ---_/ ()?U Notary Public /(