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HomeMy WebLinkAbout1.0 Application. • / / Aug-28-97 04:43P 9hlers ..... tr-----·- er: l .-\ \ ---,,, __ '\_ .... __ ---- \ -·· -- ' ,. ' .! . ·, ~ ! .. --~-___ .,. I . ---, . ----· __ ,. ' -·---/ L , , .... ..--. ...... . - ':i ~ ., s ' ' _,. -·i -i . ' -·-==----:~~--~f'(~~-SQ. N~---. ----,· -()-.---· ..... •.· ..... ~ ,." ,,.·· ,... ,· .----·•I :,..-- ·' ---,_. r ·' - -' I -_ __._ -~ i . ..-··-·- --· .... . i' / ' -( \.,' . ~ L~/· .· +'Jti _OI)' rr <X) 1~~ ....... .-. t! __ ... - 5409512171 I ,-// ~ • ~ ~l x -;;o ::to • -~ z N .-- /' ' 47Z---~ 0 ---·- ---·. -~---. --- ' - P.02 [f.fiibif-II j)'' . •I ,·· ' ' ,. / I ' I I I / ......... ., ___ . August 29, 1997 Jeff & Stacy Ehlers PO Box 11265 Blacksburg, VA 24062 ----------------~~~~~~~~~~~~~--------------- GARFIELD COUNTY Building and Planning RE: 1979 variances -Jephthah J. Spink Dear Jeff and Stacy: After reviewing the files of the Board of Adjustment and reviewing the minutes for the 5/31179 and 6/28179 meetings, it is apparent that the house is on the lot that was approved for a variance. While the addresses noted on the applications may indicate different lots, the enclosed minutes and public notice are very clear on the location of the lot receiving approval for variances. You will note that Dan Kerst states that the 5/31/79 request had been for Lot 2, but changed to Lot 6 for the 6/28179 meeting and the legal notice states Lot 6 for the 6/28/79 hearing. Based on these minutes and the legal notice, we do not concur with your attorney's opinion that two of the lots you own already have approved variances and can be built upon. Since Lot 6 has the existing house on it, it can be sold separately. Your idea to sell Lot 1 with Lot 6 makes sense in terms of creating a guaranteed legal access to the tract. It would still seem logical to amend the plat to create a single lot, but that could be done by a new owner. Given the lack of a variance for the other lots, it may be logical to sell all of them as a package to allow for all of the Chalet Village lots to be merged together. If you have any other questions or are interested in amending the plat to combine some of the lots, feel free to call or write to me, at your convenience. Other than this issue, I hope your transition to Virginia went smoothly. Sincerely, Mark L. Bean, Director Building & Planning Department attachments 109 8th Street, Suite 303 945-82121285-7972 Glenwood Springs, Colorado 81601 GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Meetinq #104 Members Present: Peter M. Cabrinha, Chairman Mary F. Odell, Secretary John W. Tripp Laverne Starbuck Velma Ragel Leo Jammaron Dr. Allan Bowles Marvin H. Wambolt Citizens Present: Dan Kerst Jephthah J. Spink Mr. & Mrs. Kenneth Hayne Duprey June 28, 1979 County Officials Present: W. C. Milner, Building Official Edward L. Feld, County Sanitarian Toni Sherwood, Recording Sec re ta ry The meetinq was called to order at 3:35 P.M. by Pete Cabrinha, Chairman. MOTION: Meeting #103. Laverne Starbuck made a motion for approval of the minutes for The motion was seconded by Dr. Allan Bowles. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None The first application to be heard was a request from Mr. Dan Kerst, attorney, representing the petitioner, Jephthah J. Spink. The request was for a variance to reduce the front yard and backyard setbacks from 25 feet each to 10 feet each, and side yard setbacks from 10 feet on each side to 4.5 feet on each side. The subject property is located at 0480 Mountain Shadows Drive -Chalet Villages -West Glenwood Springs, Colorado, being a lot 37 feet by 40 feet. The present zoning is Residential/ Limited/Urban Density. Mr. Kerst presented the Certified Return Receipts, and the Proof of Publication. He mentioned the Application explained the variance requests. Mr. Kerst stated Mr. Spink had been before the Board at the last meeting (see Meeting #104) request- ing a variance for Lot #2, which has since been changed to ask for a variance for Lot #6. Pete Cabrinha commented about the sever slope of the lot, but stated it apparently is within County specifications, noting the road will be a difficulty. Mr. Spink stated the road will only be used for about a year, stating Jim Minor has a 10 acre hill site he is trying to negotiate to buy and then would develop a road with less grade to it on this 10 acres, which will give access to the subject property. ) Mary Odell, not taking part in the Board vote but being a citizen, owner of Chalet Lot #l, asked Mr. Spink to show her on a map where he planned to put the road. Mr. Spink pointed out on the map where the proposed road will be. She further stated the map may show 50 feet between the two rows of Chalets, but it was measured by the Board prior to the meeting today, and is actually 39 feet 10 inches to the front doors across from each other. John Tripp stated he felt the hardship was not created by zoning but by lack of zoning. Pete Cabrinha stated we have to deal with what we have before us, and Mr. Spink is not at fault because he is subject to zoning that was imposed upon him. Laverne Starbuck made a motion that the variance be granted to allow the front yard and backyard setbacks from 25 feet each to 10 feet each, and the side yard setbacks from 10 feet on each side to 4.5 feet on each side. Dr. Allan Bowles seconded the motion. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None * * * * * At this point, W. C. Milner requested approval to change the signature on the Public Notice from Pete Cabrinha to W. C. Milner, signing for the Board of Adjustment. Mary Odell made a motion that the name change request be granted. Leo Jammaron seconded the motion. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None * * * * * The second, and last application to be heard, was a request from Kenneth Wayne Duprey. His request was for a variance to allow the extension of a non- conforming use, to expand the non-conforming use of a single story residence to two stories with an extension of two feet in a southeasterly direction toward Three Mile Creek for the addition of a deck included within the addition of the second story. Also, to expand the present non-conforming garage from 12 feet 3 inches to 15 feet on the northwesterly side toward the public road, approximately 20 feet long and 15 feet deep, which garage will then open onto the public road. Said variance request is due to the extreme narrowness of the lot, approximately 55 feet at the widest point. Present codes do not allow building within 25 feet of the public road nor 30 feet from Three Mile Creek. The subject lot is located at 1106 County Road 127 -Glenwood Springs, Colorado, and is zoned Residential/ Limited/Suburban Density, consisting of 0.16 acre. Mr. Duprey presented the Certified Return Receipts, and the Proof of Publica- tion. -2- 1 .. ~·;·>-~ \ l l l 1 ' l I \ -' I Ill I I_ ... ______ ......................... .. PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } SS, COUNTY OF GARFIELD. N~ 1, ........ J'.~.t.~.r. .... lf.., ..... §J!it~J.f.~r ................................ do solemnly General Manager swear that I am ............................................. .............. ........ .................. 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 amendmenrs thereof. and that said newspaper is a newspaper duly qualified for publi~hing 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 . .:J:~.1?:: .. J.~ ................... .A.D., 19 .... ?..~ .. and the last publication of said notice was in the issue of said newspaper dated ........................... A.D., 19 ............ . 0th day of 'r=-'""""""'"' Subscribed and sworn to before me, ~ notary Wklic in and for the County of Garfield, State of Colorado. this ............... ~?..~.~ ............ day June 79 ;:~~~·» .. · .......... ··cc~\::&.:~~fu~ . • . My_ Commission expires Jan 9 1 My Comm1ss1on Expires ............................................ : .............. : ... ,jl •• 9.8.3 ............ . ~ug-28-97 04<42P •h'•r• To: Mark Bean F11x #: (970)945-7785 ... rom: Stacy Ehlers <) '·· . . ,,. . . . I • ' . .Ri:: Chalet Village Lots Jeff & St11cy Ehlers PO 8011. 11265 Blacksburg, VA 24062 (540) 951-2171 5409512171 Date: 28 August I 997 You asked that I write d1iwn some oflhc things that we talked about on the phone today with rc!Jllrd to the Chalet Village lots. We would like to finaliLC sume of the issues related to these lots as we would like to get out of the "rtmtal" business and be able to sell the house we own al 0500 Mountain Shadow Drive and have some of the unusable sewer taps refunded to us. IJcforc we left I gave you copies of the Applicutions to the Board of Adjustment which show that two of the Chalet V illagc !II lot~ that we own already have variances approved on them. Heating# 103 (5/31179) approved building a dwelling "essentially the same as the structures erected on Lot 3 Chalet Village lll and CV I and 11". This applic11ti1m is for the property located at 470 Mountain Shadows Drive and is described as a 31' by 40' lot. Since the h1)use at Lot 3 is 472 Min Shdw Dr. and the house at Lot 6 is 500 Min Shdw Dr., the lot this applicati1m refers to is Lot 2 CV III. Hearing 11104 (6/28179) approved rl!ar and front setbacks of 10 feel and both side yard setbacks or 4 . .5 feet for the 37' by 40' lot at 480 Mountain Shadow~ Drive. Given the numhering sequence of the addresses and lot si;i:c, this application refers lo Lot 4 CV III. It would be our intent to sell lots 4 and 5 together to give the house on lot 4 a larger yard with access to the h1iuse from the eastern boundary (as was shown on the exhibit to our application). It would be our intent to provide offsite parking for this unit as well. w., would like w sell the existing house we own at 500 Mountain Shadows with the lot in front of il (Lot I CVlll). That lot could provide access to 500 Mountain Shadows i:ither by a stairway or eventually making an application to the Board of Adjustment lo build a garage on Lot I lo servicti 500 Mountain Shadows. 13y making use of the two outstanding variances granted and selling lots together, it would result in the possibility oftw(l more units rather than the four that we requesttld in our application. We would also not have to put the road around to the top of the property for access since Lot 6 would have access from the bottom (l.ot I) and Lot 5 would become a part of the L(lt 4 pro1:icrty. In summary, we would like to have confim1ation that Lot 2 CV Ill does have a valid variance approval that would allow us or someone else to build a house similar To what already exists in the Chalet Village area. (We would intend to build something like we prcs.,nted al our Board of Adjustment meeting that has ofi~treet parking and is belier than what exists currently.) We would also like to have confinnation that Lot 4 CV Ill has 11 valid variance approval as well. Ple11se feel free to call me al (540) 951-2171 ii' you have any qui:stions after reading this or when discussing the issues with Don. Titan ks for taking a look at this as soon us possible. P.01 July 29, 1997 Jeff & Stacy Ehlers 0282 Home Place • f GARFIELD COUNTY Building and Planning Glenwood Springs, CO 8160 I Dear Jeff and Stacy- On Monday, May 28, 1997, the Garfield County Board of Adjustment denied your request for variances to Sections 3.04.04, 3.04.05, 3.04.06 and Section 3.04.08, dealing with setbacks, Jot coverage, floor area ratio and minimum lot size. ·. · · · · ·' · The Board denied your request on the issues of contributing congestion in the area, access, safety and snow removal issues. · Please contact this office if you have any questions .o.r., concerns . . ' -' ,7,: '.~ ~ 'o ':'"~,<'~-'.~: '. -:0-~ ' . .,_--, Sincerely, ~~~ Stella Archuleta .,._ ! Secretary to the Board of Adjustment 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 p 216 114 599 US Postal Service • Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall See reverse Sent to Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p 216 114 594 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee p 216 1J,4 605 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See revs Senlto Post Postage $ Certified Fee Spedal Delivery Fee p 216 114 604 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See revs Sent lo Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee p 216 114 600 US Postal Service Receipt for Certified Mall No Insurance Coverage Provk:ted. Do not use for International Mall See rove Sent to Postage $ Certified Fee Special Delivery Fee ----------p -2 :Lb--1-14 --6 a 2-------------------------------------------------- Poslage $ Certified Fee Special Delivery Fee Reslricted Delivery Fee p 216 114 592 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for lnlernational Mail See reve Sent to {,u r:i'lvJ {,() .... 1#0/ Postage $ Certified Fee Special Delivery Fee Restricied Delivery Fee p 216 114 595 US Postal Service Receipt for Certified Mall No Insurance Coverage Provided. Do not use for International Mail See reve Sent to Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee --------~~~~~~~~~~~----------------------------------- p 216 114 593 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reve Sent to Poslage $ Certified Fee Special Delivery Fee p 216 114 5'17 US Postal Seivice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See revs Sent to Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee $ p 216 114 598 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail 'See revs Sentto WrJ5ni tp() I Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee i. • Compl.ie tt;me 1 ::tt: •Cldltional "rvlo9s. .. •ComPlete ltemt 3, 4•, b. I •Print your name end 1 on the rev.fie ofthlt form IO that we can rttumthls CIRiio you. •Ahch thll form to the front of tht mallpieol, Of on the blck H epaoe doe• not • ~e::ft:!R.wm Reoeipt Requet1MI" on the mdpkK:e below the article nunt>er. ti •Thi Return Receipt wlD lhow to whom the lllklla was deftvered and the date Consult poslmaster for fee. 8 dollvwed. 13·~·ff;;_ 4a.A..,•ltrt"'J/t/ (,05 11~if ce 113 (fiib~, C/J I; •Complete It~ 1. fOf additional aervloea. I ~sh to receive the "I •Comp1a1e1tema 3, 4b. fdl!lll~Q services (for an I •:;:~~ ,.., on the reveru otthle form eothatwecan retumthls extra fee): i •Attach thl1 torm to the front of the mallpieoe, or on the back H apace doe8 not 1. D Addressee's Address • •~R.wm Receipt Requested" on the mallpieoe below lhe article number. 2. D Restricted Delivery ti •The Retum Receipt wtll lhowto wtiom the 811icle was delivered and the date I Ii dellvored-Consult postmaster for lee. I 3.~0~:6;±L rJ. 1 -• IL :::f.1./t:?/¥ ~oo j1_ J ye 7 lfq-lt. ~ U<_. 0 Registered O Certified .I 0 Express Mall 0 Insured ~01(){ ~ ~ f/lPO/ 0 RetumAeoelptlorMsrchancliss 0 COD ,. -,.. V 7. Date of Dellve "' -.-=-::==~==ro::=:--~~~-t-~~~=:-;======-i 5. Received By: (Print NamB) ! --------------- - - - ------------------ ---------- i. •Complete tt~ 1~ for additional urvlces. sh to receive the 'I •Complete hems 3, 4b. fol ng services (for an I •::,i: r:;,~• res• on the reverse ofthla lorm '°that we can retumthl1 extra fee): j •Attach Ihle form to the fronl of the mallpleoe, or on the back H apace does not 1. D Addressee's Address perm11. • •Wrlte•IJ«um Receipt RaqUHt«I" on the manplece below the article number. 2. D Restricted Delivery ti •The Return Reoelpl wlll lhow to whom the artlde wae delivered and the date I delivered. • · Consult postmaster for fee. & .,..,,,,,.,-,:-==:-:-:-==-~~~~~~~,,..,""7'.::;-:;-:-;.,...,.,~~~~~~~ 13. Article Address,ed to: 4a. Apde ~~r J /'/-"10 Z.. "?'JU,{Vu-t( CAuJ<_ /fl A-4b. Service Type j C( 0 /C. Wut 'u..J<_, /' J... 0 Registered 0 Certified r ( /1, , • i, •J.,.t ~ 0 Express Mall 0 Insured i-? ~ <71 • O Return Rscelpt for Merohandise 0 COD .k ~c/~ [/; r/fd>/ 7.Da~of~ell~ o1< .....-o;::::::;:;;;;;-;;;;:-;;;:;;;;n;;;;;:;;-''--~~----11;;7;;;.:r.::::;;;:7.lf.':=»=;===:.-l 5. Received By: (Print NBTTl6) j 102595-97 ·B-0179 "I •Complete lteme 3, 4b. lsh to receive the i. •Complete lt;mt 1~'gr additional Mrvlce8. I •Print your name .... ron the revert1 ofthia form'° that we can returnthl• card to you. •Attach this form to the front of the mallpleoe, or on the back If apace doea not • •=R.ium Reoelpt RilquBstBd" on the mailplece below the 1rtide number. ii •The Rel um Receipt wlH ahow to whom the article was delivef'ed and the dale fol ng services (for an extra lee): i 1. D Addressee's Address 2. D Restricted Delivery Consult postmaster for lee. .J S delivered. 1 3.M;;;;;;~ 37tJ'l tUPUt1~ h GlJAwJ~rl ~ ~ 31b0 I 4a. Article Number J f ~!& 114-S9z.. 4b. Service Type I D Registered D Certified D Express Mall D Insured r D Retum Receipt for Merohandise D COD • f.,,...,~~-,,'--~~~_;;;;,~~k 7. Date of Delivery .:< ~===:-.-====..-~~~--+.:-.=~~f:--'-'.;;b-,,,.,.---.-,-i 6. Received By: (Print NsmB) ! ---- ---------- -------- - - - - - - - - - - - - - - - - -------------- - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - 102595-97-8-0179 Domestic Return ecelpt i. •Complete lteme 1 !Eor additional aervlcea. I al-sh to receive the "I •ComphMe lteme 3, 4 4b. foll services (for an I •Pr\nt your name and on the reve...e ofthla fonn eo that we can retumthls ext ee): ~~-i •Attach thlt form to the front of the mallplece, or on the back tf apace does not 1. D Addressee's Address permit • •Write"R.tum RBC81pt RsquesttKJ-on the mailpleoe below the articie number. 2. D Restricted Delivery ti •The Return Recelpl wlll lhowto whom the article wae delivered and the da1e ~ g dollvered. Consult postmaster for fee. "' I a. Artl ""10c1. ,lfAdd L7 'res .sA:"'1,,,..11finto: , ~ /)t . 4a Articl•JJlt•r / / 61 F J Wl.N'U' ,...._, 4b. Service Type j D Registered D Certified 't/ .Ja,c, {)() D Express Mall D Insured f ~ -r {) Q1IAO( D RatumRaoelptforMsrchandlss D COD k 0111 7. Date of Dal/vary ~ ....-o.:::==;;;:::-;;;:;;;;-n=.--~~~----lr.7:.<:!±:~:.::::::-;;;;;;::;===:o-i 5. Received By: (Print NslTl6) ress (Only If rsqussted J i •Complete ltenw 1 an~or addltlonal MM"t4cee. 'I •Complete ltanw 3, 4 4b. I •Prtnl: your name and e ..... on the reverH ofthll form to that we can retumthl• card to you. •Anach lhll torm to the front of the mallpleoa, or on the back If apace does not pennlt. • •Wrtte•R.wrn Reos/pt ReqUN(tKI" on the man.-oe below the article number. t:i •Thi Return Receipt wlll lhow to whom the artlde waa delivered and the date Consult posbnaster for fee. 8 dollvorod. 13·~~i#L. 48 prtici:J'}~ber I ltf 6'17 ~ti ~ CO flfROI 102595-97-8-0179 omestlc Return ecelpt "I •Complete Items 3, 4 b. a •Compl81.e lt~ma 1 .or additional Hrke8. I •P"nt your name and •on the rever.a of this form ao that we can return this cord to you. •Attach thll fonn to the fronl: of the ma/lpleoe, or on the back If apace does not permit. 1 •Wrlte"Retum Receipt RsqUBBlsd" on the mallpleoe bef9w the ar1lcle number. ti •The Retum Receipt wtll lhowto whom the artlda waa delivered and the date I al-h to receive the foll services (for an extra e): 1. D Addressee's Address ~ 2. D Restricted Delivery Ji g delhlered. 1 3·~:;;: Olf'1r ?1f,f11 91<M /;>tt • ) ~p( ?;?ft{) $/bl> Consult postmaster for fee. I 4a. Apci"J'JZbef / t/-!Yj 3 4b. Service Type ~ D Registered D Certified i D Express Mall D Insured f D Rstum Recslpt for Merohandse D COD r.7~.~D~st~e~o~fD~e~ll~ve~ry"'°"~~~~~~~-~ -:-:---,-.,..,.......,,,.,-.-,.,,...,.,..,.,--~~~-+:--+.-,-.J.+-.~~,.....,.-,,---,-,-i 5. Received By: (Print N81T18) ·J i. •Complele lt;ml 1 anQ/.eddhlonal Mrvioea. "I •Complete ltemt 3, 4a, I •Prt" your name and add the reverH of thll form 10 that we can retumt~• cord to you. •Anach thll fonTI to the front of Iha mallpleoa, or on the back ff apace does not • •e:.:'!Retum R«»lpt ~ed· on the maUplece below the artkH number. 6i •The Return Receipt will ahow to whom the 1rtk:le wa1 dellverad and the dale I also ,o receive the follow! rvlces (for an extra fee: 1. D Addressee's Address t 2. D Restricted Delivery Ji 8 c1o1i-ec1. 1 ·-iii711h ~/k. ~I. ~ ~ t/IRO I Consult postmaster for fee. It: 4a. (J"tl'tbej 11.f (p 0 J 4b. Service Type ~ D Registered D Certifted ,j! D Express Mall D Insured f D Return Receipt for Merchandise D COD t..-.;=""..,..,....,"°=,....-~~~~-k 7. Dat:rot"te! 1997 >I< "'=""='---,--=--=-.,....,---,-~~~~-+:-,....,.,----,-:=,--~.,,....---,-.,.-i 5. Received By: (Print Name) 8. Addressee's Address (Only If requested t and '68 Is paid) ~ 102595-97-0-0119 Domestic Return ace pt p 216 114 603 Postage $ Certified Fee Special Delivery Fee i. •Complele 1t9me 1 anQlorE:: eervlcee. 'I •Compllle lteme 3, -'a, a I •Print your name and add on the rever1a of thl• form ao that we can ,etum thie COid lo )/DU. . •Attach lhll tonn to the front ol the mallpleoe, or on the back if space do89 not t! •~R.tum R1100/P, RBq/J#ttKr on the mallpleoa below the artli:le number. ti •The Return Reoelpt wtn thow to whom lhe article was delivered and the date I also ,o receive the follow! rvlces (for an extra fee : 1. D Addressee's Address ' 2. D Restricted Delivery Ji Ii datMlred. 1· ;::~Ct ~ ~ {,() 81flOI Consult postmaster for fee. I 4a Ar;/'9.J'j':•; / t/ ~03 4b. Service Type ~ 0 Registered 0 Certified ,! O Express Mall 0 Insured i· 0 Return Receipt for Merdlandise 0 COD lo: 7. Date of-'} 2 "' ~~~~~~~~~~~.j-,,-..,~~~--'=r#"M==--.=-( 5. Received By: (Print Nam6) B. Addressee's Address (Only If requested i l 6.S~nat .. PS Fonn 3811, December 1994 and lee Is paid) (!. 102595.91.s.0179 Domestic Return Receipt p 216 114 596 US Postal Service Receipt for Certified Mall No Insurance Coverage Provided. Do not use for International Mail See roverse Sent to Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee es $ p 216 114 601 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Street Postage Certified Fee Special Delivery Fee Restricted Delivery Fee $ i. •Complele ltema 1~ for additional eervloea. "I •Complete Item& S, 4b. I • Print your name ree1 on the reverae of Ihle fonn ao that we can return this card to you. •Attach thla tonn to the front of the mallplece, or on the back If 1pace does not penm. 1 •Wrlte"Retum RBC8ipt ReqU9Bled" on the mallplece below the article number. ti •The Relurn Receipt wlll lhowto whom the article wu delivered and the date Consult postmaster for fee. Ii dollvered. , 3.A:ressedt~: 4a. Article.2"/Z:' / /'/ 5'CJb (.Pf/~ I&. (Jtut,ft;n MfJ !P'/735-/21 0 Certified Jeffrey H. & Stacy R. Ehlers • HomeM@ce enwood~S. CO 81601 ~~ ~~, ~~ ll~IM1IJ~l~l1l~l:1\~11W~W1l~l~il~!I \II 1111 CERTIFIED p p 216 114 594 MAIL ~Eos-r,~-rrs ~ ooco Nancy Ceracche & Stanley D. Herring 0466 Mountain Shadows Drive Glenwood Springs, CO 81601 ....... -............ !'"'lr.li"'r"'l'_'I __ _ r,: ·: . .---:"! :;~:::::,-~ ~ · •. i -P. _..,.,": ..... f': .... --.... f·,_~" ~.'-:~ ~ ~:o.J • 'J .S. POSTAGE PH10 GLENWO'JO SPG$.C0 g16IJ ~ JUL 10.·9-;-A"IOU~T $2..77 0005\20i-Ci ft~ ' lst NOfiCL ~ JJl 1 4 1991:, 2nd NGtice~ ', lfeturn 1 ', ' + i • I • :5 a I ~ " ~ • SENDER: I also wish to rece1Ye 1he •Complete .. 1 twlCVor 2 for dlkwwl ........ •Complete il8rna 3. 4a. and 4b . following services (for an •Prlrt )Q.r nmne and~ on the ,.....,.. ofttis form 90 that we can n9h.m ttn exlra fee): csdtoyou. •Aftach 1hil form to the front of the rnallpiece. or on the beck If apece doee not 1. D Addressee's Address -2. D Restricted Delivery •wrtte•Retum Reoslpl ~on the meilpieoe bdow the article l'1U"l'i>er'. •The Ret\m P«:eipt wfl trlOW to whom the article was delvW9d Md the date -· Consult postmaster for fee. 3. Article Addressed to: 4a. Article Ntmlber <!JM_c,e,/u_ I~ f :l.!t.P I /t/ ot:;<f. 4b. Service Type ~~du) . D Registered 0 Certified ~ [,o f/'10/ D Express Mail 0 Insured D Relum Receipt for Men:l1andse 0 COD 7. Dal& of Delivery 5. Received By: (Print Name) 8. Addressee's Address (Only if requested Biid fee is paid) 6. Signa1Ure: (Addrossee or Agent) x -PS Fomt 3811, December 1994 102595-97-8--0m Domestic -Return Receipt + i • ~ ~ Ill a 3 • a: c ~ ~ a: .. ~ " .2 " 0 ,.. ... c .. ~ • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- PUBLJC' NOTlC'E TAKE NOTICE that Jeffrey H. & Stacy R. Ehlers have applied co the Zoning Board of Adjustmen!, Garlidd County, State. of Colorado, to grant Variances to Sections 3.04.04, J.04.05, J .04 .06 and 3 .04 .08 of the Garticld County Zoning Resolution of J 978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Chalet lots numbered one (l), two (2), Four (4) and five (5) of Chalet Village No. 3, as the same appears on the plat filed as do.;u111ent No. 244652 of the records in the office of the Ck·i k and Recorder of Garfield County, Colorado. Practical Description: Located in West Glenwood Springs at the end of Mountain Shadows Drive in Chalet Village 3 Said Variance application i• tu allow for the placement ofa single fumily dwellings on individual lots iess than the minimum allowed by zoning, to allow setbacks less than the minimum allowed by zoning and to allow for lot coverage and tloor area ratios greater than that allowed by zoning. All persons aft~ted by the proposed Variance application are im~ted to appear and state their views, prote&1s or objections. If you can not appear personally at su.:h heaJ-ing, thcu you al'" urged to state your views by lelh:t, pa1licularly 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 affe<.--ted in deciding whether to grant or deny the request for the Variance This Variance application may be reviewed at the offic.e of the Planning Department located at l 09 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m .. Monday through Friday. That public hearing on the application has been set for the 28th day of July, 1997, at the hour of 7: 00 p.m., at the offic.e of the Zoning Board of Adjustment, Suite 301, Garfield County Counhouse, 109 8th Street, Glenwood Springs, Colorado. Garfield County Planning Department • • • • • M=e¥Jl.&Staq..llBiler• .2 Home Place Glenwood Springs, CO 81601 ~'.':Tr.~~"'~ -"".''"':·-;,;r 1;:11g.j U .. t _: ..... .:...14 n-t')"~~.~-.. -·J ~t\~-~~z:;) 3.:. - • Fold at line over top of envelope to the right of the return address CERTIFIED p 216 114 599 ,~o I 61 UN•1E05~,1TE:' roS~llL sEP"''E cooo ' U.S. POSTAGE PAID GLENWJOC SPGS.CO 8!60\ JUL 10. ·97 A~OUN"T $2.77 0005i201-0! '.',J ,"" Hughes,Kulin,Klein, W right,Lockard,Schaub- Stevens -_;\ -·::~ . '· .. ?/ \ • "3 5033 CR 335 #45 New Castle, CO 81647 --\ \,._.,< ,.,,.,_ \ · .. ~ .\C!nre ·g_ Jst Notice~ 21ld Notice_ llt>tt1rn • - JUL 1 4 1997 '"SENoi:R· :§ -~-·-... •for--laloo-toreeeiwlhe • ·~-3. ... onct4b. lolowlngseMc:es(foran I •Prtnl you-name n ~on the,..... oflNI bm eo that we <*'I Alhm IHI extra fee): . I! _ .. _ fl ! ·= 1'111 form to Iha trort db ma11p1ece. or on the b9Ck If ll*llll doel no1 1_. D Addi a 11 rs s's Address '! • •Wdlo·-~~ont11o--..111o.-..-. 2. D Res!rlct8d Deliv8ly : = •TlleRetumRecolpt•-.. w11om111o.---onc1111o-a Ii -Consult~forfee. 11 J 3.ArtlcleAddms dto: /7 4a.~i:';J'f 599 ~ E ~ .u--~ 4b. SeMce Type i 8 /1,, ,,_,,_e, f'tf 5 D ReglSl8red D Cerdfted ~ LAI.. ,./:/ ./ D Expr8ss Mal D lnsurad .5 ~ ~ C/J 8'/l.P</7 D RoUn~lorMoot:tadoa D COD : 7. Dal8 of DelMlry ~ " . ~ 5. Received By: (P11ntNameJ le. Melt ssaa's Address (Onlylf f8Cll"'S18d ~ !; 6. Signatuii: (Adc'rsoss s or Agent) ~ x .!-PS Form 3811, Decermar 1994 -fee Is pe/d) ~ 102595-01.a-0179 Domestic Return Receipt • • - - - - - - - --.-- PUBLIC NOTlCE TAKE NOTICE that Jeffrey H. & Stacy R. Ehlen have applied to the Zoning Board of • Adjustmen1, GarGdd County, State of Color.ado, to !,'Tant Variances 10 Sections 3. 04.04, 3. 04.05, 3.04.06 and 3.04.08 of the Gartield County Zoning Resolution of J 978, as amended, in connection with the following described property situated in !he County ofGarfLCld, State of Colorado; to-wit: Legal Description: Chalet lots numbered one (1), two (2), Four (4) and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document No. 244652 of the records in the office oithe Clerk and Recorder of Garfield County, Colorado. Practical Description: Located in West Glenwood Springs at the end ofMotmtain Shadows Drive • in Chalet Village 3 Said Variance application is tu allow for the placemem of a single frunily dwellings on individual lots less than the minimum allowed by zoning, to allow setbacks less than the minimum allowed by zoning and to allow for lot coverage and floor area ratios greater than that allowed by zoning. All persons affected by the proposed Variance application are invited to appear and state their views, protests or objections. If you c~m not appear personally at such hearing, tht:n you an: urged to state your views by le1ter, 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 affe<.'ted 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 l 09 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.rn. and 5:00 p.rn., Monday through Friday. That public hearing on the application has been set for the 28th day of July, 1997, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County Courthouse, I 09 8th Street, Glenwood Springs, Colorado. Garfield County Planning Department I • lenwAd Post· 2014 Grand Ave.• P.O. Box 550 •Glenwood Springs, CO 81601 · Jul~ 1 1 I 1997 28406 Date Account# Stacy Ehlers 282 Home Place GWS CO 816(11 ACCT: D Display Ad. -, PMT D Classified Ad n Photo ~ D< Legal [] Composing D Subscription [J Misc.I Date Dimensions or Description 7-11 53 lines ® .60 RE: lileriance Request Mtn Shadows Dr. , Chalet Village 3 Total For Prepaying Customers Only Date 7/1z/P7 Amt. Pd. :31·8'6 0 Cash ¢.-:Chee~ o Visa/MC -:#= °310 D DebltAdJ. D CredltAdJ; Rate Net.Amt, 31.80 31.80 Clerk I ' / • PUIUCMIJllCE TAKE NOTICE NI ......,. H. _A 9l:ecf R. Ehlenl ~~IO the ZDr*'ll eo.d OI ~ GlrllM. Countr. --d Colcnclo. to gm v.-.. 10 S..C.._3.cM.oc, 3.04.05. 3.04.0S ll'ld 3.04.GB al , h Gildeld Cowily ZoNng Aeealwllafl d 1978, *9 I ~In conneclOn ""' ... ~ ~ property -...ct In ,. Courcy fl GMllld. sr-ol Cclllndo: lo4': ...... ~a..... ........ ,..:tl). two (2), ... (4) Md ... (SJ da.111"-.. 3....: .. ..,.. .....,. on tile peat lhd1-. docum9nt No. 244652 al #le recon:ll In the ofbc d 1he a... Md -"-"""""· """-"- W D t lp8oc1:; l.oclll9d In West °'9rlwood ~ at the end or Mounlmln Sflmows om. 1n ..__" s.id v.-.. applallioi'l la IO ... b .. ~ ofllmglilttamly~onlnlMlml 9oes .._._. .............. byZlrilg.I04ilow ...... ... .... "**nunl ~ bJ ..... ---,c" .. CllWl'llOI .., ftoor --,... ...... "*' "* ._.,._ , . _, AIP.,..:...._,.bJ .. ~YlrlMclirippb. don ... irwfted to ..,.,..,. and ..... "'* views. ~Cl'----·Jl*CMnol: .... ~ ly •-..:11.--......,,.., .. --..... ,.., ... by ..... ~ " ""' '*" °""'*"8 ID .9Udl Yarllnet ...... r..-t.• .... ~ a.rd Of Ad(illllrnetlt .. glw'e CC: ..... alc)I. lo-.. ' mmmns e1 turraurdng ptap1r1J .,,..._ .., Cllhits ..,,..., In deciding "'*"*" to ... Gr d9ny the ~ for Variance. 1Ns v..ww:. llfl*llllon ftll)' be NWlewed .... Clllk» ol h Pln*lg ~ IOcllld • 109 ah SAel. Sule 303. • Couty -·---"""'*·-Nboina1sao~-~Pln.._ .... ~ -· ~ .. -:nli(p1111c~oniw ..... hdt.1n.1it& .. 2!llh di)< d Jdf, 1117. a .. h.-d?~.,.,-II .. -O(lce, of the Z°'*'O 9Nrd d MJ*Mnl, "9'11e 301, Gdeld County eo.thouse.;. 109 8th-..., ----""""" --Nllst'9d July 11, 1997 In .. Glenwood~- • PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } ss. COUNTY OF GARFIELD. • 28406 I, ............ Gar.¥ ... D.icks.on.................................................. do solemnly swear that I am ....... E.\!.9..JJ ... $..b.S?.J: ................................................. 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 .. two 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 sccond-elass 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 le,1 notices and ad- vertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newsp:iper for the period of ... .1 .......... consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated ..... Q.\!J.Y .... JJ ............... .A.D., 19 ...... ~ .. 7., and the last publication of said notice was in the issue of said newspaper dated ..J.W.l.Y. ... ..1 .. L.A.D. 19 ... .2.Z ... In witness whereof I bave(Jrreunto set my hand this ... 1.1.tb ....... day of ............... :2.\!J.Y._ ..... _ ... l/A-.... ~ ~~i--··- ~~~··········--·---.... ~ to befOre me, a notary public in and for the te of Colorado. this ...... U .. t..b ............... -·-· day . ................... Af • 19:2.7. ...... --~~ui;cy .. p;.t,ij-;--.. ....... ::;;; ........... 'Y.?.!?.1.?.001 ................................. --··· 2014 Grand Ave., Glenwood Springs, CO. 81601 • • ' BOA 7/28/97 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variances from Sections 3.04.04, 3.04.05, 3.04.06 and Section 3.04.08 dealing with setbacks, lot coverage, floor area ratio and minimum lot size APPLICANT: LOCATION: SITE DATA: WATER/SEWER: ACCESS: EXISTING AND ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL Jeffery and Stacy Ehlers Located in West Glenwood Springs at the north end of Mountain Shadows Drive in Chalet Village 3, 4.43 acres in size Central water/sewer Mountain Shadows Drive RILIUD A. Site Description: The subject property is located at the top of a private drive that serves the Chalet Village subdivision.(See site plan) The site consists of very steep hillside with scrub oak and native grasses for vegetation. The private drive serving the proposed building sites is a gravel, single wide roadway that also serves as parking area for some of the other chalets in the subdivisions. There are two detached units on lots 3 and 6 of the third filing of Chalet Village that was platted in 1969. The driveway to the house that is the highest up the hillside, crosses over two of the applicant's lots and appears to be outside of the easement platted for access to the lots. The site plan ~rtion of the Chalet-Village Filing 3 plat are enclosed for your review pgs. ) -I- - - - - - - ------------------- - - - - ---- - - - - - - - - - - -• • B. Request: The applicant is requesting a number of variances to allow for the construction of dwellings on lots 1, 2, 4 and 5 of the Chalet-Village No. 3: 1. Section 3.04.04 -Minimum Lot Area. The minimum lot area in the R/L/UD zone district is 7500 sq. ft .. The applicant is requesting a variance to allow for construction of detached siilgle family dwellings on lots 1240 and 1480 sq. ft. in size. 2. Section 3.04.05 -Maximum Lot Coverage. The maximum lot coverage allowed in the R/L/UD zone district is fifty percent (50%). The proposed dwellings foot print would cover an area 28' x 32' or 896 sq. ft. of lot area, when the W is modified as proposed on the building plan. (See building plans pg . .:::I_) On the 1240 sq. ft. lots this would be 72.25% and 60.50% on the 1480 sq. ft. lots. 3. Section 3.04.06 -Minimum Setback a) front yard -reduce the minimum of25 ft. to 3 ft. from a private road right-of-way for lots 1 and 2. Reduce the front yard for lots 4 and 5 to zero lot lines. b) rear yard -reduce the 25 ft. minimum to 5 ft. for lots 1, 2 and 4, and to 3 ft. for lot 5. c) side yard -reduce the minimum 10 ft. or Yz the height of the principal building to O' and 9 ft. for lot 1; O' and 3 ft. for lot 2; 5 ft. and 7 ft. for lot 4; and 5 ft. and 3 ft. for lot 5. 4. Section 3.04.08 -Maximum Floor Area Ration -increase the 0.25:1.00 to 1.13:1.00 for lots 1and4; and 1.35:1.00 for lots 2 and 5. As a part of the requested variances, the applicants are proposing to build a road around the upper end of the lots in filing 3 on land owned by the applicants, to replace the parking area for lot 6, so that it is above the lot. In addition to the two (2) off-street spaces created by the garage and carport in each of the proposed units, the applicants are proposing to build five (5) additional spaces in ti;;ght-of-way for use by the residents in the area. (See application pgs. /b-1 ) It should also be noted the proposed unit on lot 4 would be oriented to the east to allow for easier access to the parking on the lot and the unit on lot 5 would have the garage/carport on the top level, with access provided via the previously noted new roadway. All utilities would be from the West Glenwood Sanitation District and the City of Glenwood Springs water supply system. -2- • • C. Hjstozy -In 1979, the original owner of the property in question, Jephthah Spink, requested and received a variance for lot 6 of filing 3 of the Chalet Village. The variance granted at that time was to allow a reduction of the front and rear yard setbacks from 25 ft. to 10 /J1:;]f-reduction of the side yard setbacks from I 0 ft. to 4.5 ft. (See minutes pgs ID. MAJOR ISSUES AND CONCERNS A. Variance Criteria -Section 9.05.03 of the Zoning Resolution (Variance -Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: l. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; 3. That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. B. Zonin~ -The Chalet Village subdivision was platted prior to any zoning regulations being placed on the property in question. As a result, each lot is classified as a nonconforming lot and is subject to the criteria contained in Section 5.04.05, which reads as follzws: " Nonconforming Lots: Where a lot was held in separate ownership or was platted on a subdivision plat filed in the office of the County Clerk and Recorder prior to the adoption of the prior Garfield County Zoning Resolution enacted on November 27, 1973, and does not meet the minimum lot area requirements of the zone district in which the lot is located, such lot may be occupied by uses as provided under the appropriate Zone District Regulation and the floor area ratio for such noncoeforming lot shall be determined following the standards included herein, provided that connection to a central sewage collection and treatment system approved by the Environmental Health Officer and the Colorado Department of Health is available. The Chalet Village lots were platted in 1969 and do not meet the minimum lot area r~quirements and if the applicants were to meet the floor area ratio requirements of -:3- ---------------------~~~~~~~~~~~--------------------• • the R/LIUD of0.25:1.00, the 1240 sq. ft. lots would be allowed a 310 sq. ft. dwelling and the 1480 sq. ft. lots could have 370 sq. ft. dwellings on them to meet the previously noted zoning requirements. Based on the previously noted criteria for a variance, the following comments are made: "yariauce ~anted js minimum necessary .... "To build on the lots in question, it is necessary to build into the hillside and build upward to be able to stay within the property boundaries of the lots created in 1969. A 28' by 32' building envelope is not an exceptionally large area and the units proposed are not exceptionally large either. It appears that one of the major problems facing anyone trying to build on this property will have to deal with is the off-street parking. The applicants have proposed to build a one car garage with carport under the deck for each unit, which is an enhancement that is not available on the existing chalets. To place a smaller unit is possible, but it would not make the units more consistent with the units in filings I and 2 of the Chalet Village subdivision. Additionally, any dwelling less than 20' by 20' would not meet the minimum dwelling size required by the zoning resolution. Each of the existing units would require of the all of the same variances requested by the applicants, if they had not been built prior to the regulations. "the relief ~ed may be wanted without substantial detriment to the public good ... impajrin~ the intent and purpose of the comprehensive plan." -The buildings proposed will be built into a steep hillside and very close together. It will be necessary to have an engineer design the foundations of any buildings in the lots in question, to insure that there will be no damage to the structures above or below the proposed building sites. Additionally, the design of the units will need to incorporate a drainage system into the lot design, that insures that the amount of runoff from the new units does not exceed the historic levels. The new road proposed to go around the upper side of Filing 3 will minimize the parking conflicts created down in the lower section. To make the access to lots 5 and 6 legal, in perpetuity, it will be necessary to either amend the Filing 3 plat to include the new roadways or to create a perpetual easement by deed to each of the lots that crosses over the other lots owned by the applicants. The proposed parking area for the lots is located in the public roadway identified on the plat. It is not legal to build the parking area in the public roadway, unless that area is vacated and designated for that purpose. An option would be to amend the plat for Chalet Village No. 3 to vacate the existing right of way and the inclusion of the proposed upper access easement and the dedication of the area for parking as a common parking area for the designated lots. The Comprehensive Plan encourages the construction of higher densities in areas with central water and sewer, but recommends that structures be built with the appropriate engineering precautions in areas with geologic and/or steep slopes. • • "circumstances found to constitute a hardship were not caused by the applicant ... " The applicants bought the property after it had been legally subdivided and are following the variance process to allow them to build on the lots and conform with the zoning resolution requirements for such construction. C. Ai:ency Comments; The Glenwood'Springs Department of Emergency Services submitted a letter in reference to the application. The Department will provide fire protection to the proposed lots, provided any new units b~n the lots in question will have automatic sprinkler systems. (See letter pg. ) IV. SUGGESTED FINPINGS I. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the lots in question were legally platted lots and as such are nonconforming lots as described in Section 5.04.05 of the Garfield County Zoning Resolution. 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION If the Board determines that the hardship created is not a self imposed hardship, then any approval of the proposed variance requests should be subject to the following conditions: I. Requirement that all buildings will be subject to an engineered design for the foundation and drainage. 2. That the applicants deed an easement to lots 5 and 6 of Chalet-Village filing 3 for access and parking on the north side of the lots or amend the filing 3 plat to include the proposed roadway and parking areas, prior to the issuance of any building permits on lots 4 and 5 of filing 3. 3. That all new residential structures include an automatic sprinkler system for fire protection purposes. -c- • • 4. That the applicants amend the Chalet Village No. 3 plat that records an easement to the benefit of the future lot owners oflots 4, 5 and 6 , Chalet Village No. 3; vacates the public roadway proposed for parking area and rededicates the area as a common parking area for the lots and further that the improvements for the parking area and access easement be physically installed prior to the final letter of approval from the Planning Department of the variance. · 'i' ,, ........... w ....•• ,_ .. ••-••·• I I .:i'.'..,r;\: !~ ...... ' . ~\1•·''*'" .,·,vi·•t:." • ,.,.;,, ,,,,\\.''•!' .. ~J!i~::J lol.r.···:-'..l~ "'~~l.t'·' .~· CHALET LOT /VO 6 ,,4 ,el cc s., ,,,. CHALET LOT /VO I /4~oco.s.,/o' ·' J~ ~ ~ " CHALET <'-OT /VO s /.,!"JC el" ..... ; It ,{: C.YALE7~ LOT /VO_ C' ,,,!',.,.Cot:> .. ,/t 50 'i•·· .) ·~ ·' 8~ 1 · ··· I ~ · ··' 1 : ·'"" i ~ ... ,, ···~ l I I I CHALCT LOT /VO 4 ·'"'"'"= .•.,/" CHALET LOT l'\/O .3 ...... _ .. ..,., .,,,,-. ~ ~ " ,, ' I I I I .. , v~: .. ·. :v/L.L.1~{;/...:..:· I r •·1;.i :·: ,, I ·'· ' l•\U ! ~ ,, ., !· ('.11,j f!•" ,,_ " <:;1· I ;·· 18 i"' I~ ,j. ~··-, I "'' -"-" l'ij I.~ ~ ,,., ----·----------------------- 1:; .. 1·' !J ,. l••• .u,1,,. '" l!!'•?'o.d ~;... ........... '. i ,./ . ._,,;.· I [_· \ \ '• -.-· · .... \ ; I t, I. I j .. 11 ........ DNINIV~~. , I \ ' -., \· '·· \ I ·' . \ ... : . '' ... ., ' I ' ,. ·\ " ' ' \ i I I \ '· ' .. , 1'!vM ON"'ft' IJ \ \ I , . \ \ ·. \ I I I '• \ ,: ,\.1,_ .... _...., " \ '° \ s ..... \l ' . /"-\) .v ' /' I \\ . .:,-.............. , " ',·~, <:•..... ~ .. \ ·. \ ''.\ ' '-"· ', . ' \ ", '. \ I -'· i .. i I " \ '·· ' ' ., ' l I .I· I l;f .. / // '\ \\. I \ a" . ; . I , j . I • I ' ' ,f \ ; f - I ~ I • I t \ · ~ !...,J./ . r , . I. I . I ·I . • ' i I f . ,. I ' . ' ' : I ' ' I •• I I / \ ,.-: \ I '.·· ! 1 ; /. ' ' i • /~ ""' .. ~. ' ·: \ .. ' ,. I-'. -------··--· -· ------· __: ___ :_ _________ -·----···-------------. --~---- '· .. '\ ' ' '·, I ' \ .:-· '· \ "'-. -= ""'' '(:, ' \ I I' I I ~ i ., ' )"' Decks Offer Generous Outdoor Living Space For Vacationers Main floor-728 sq. ft. Upper floor-573 sq. fl. Lower floor-379 sq. ft. Total living space-1680 sq. ft. 2-3 bedrooms, 2 baths Foundation-basement ,,.,, Large recreation room includes a whirlpool tub and a wet bar. I -' • v Loft may serve as a third bedroom. v Living and dining rooms share a circular fireplace. Y' Snack bar counter connects kitchen and dining area. v Master bedroom has Its own compartmented bath. Plan number TGC-563-SP94. Price is $300.00. ©1993 The Garlinghouse Co. The diagrams Pf'esented here constitute only floor plans and elevations. Pun::hasers are advised to consult their state and IOcal building regulations and a state-certified architect priOr to any construction related to these plans. 7d!U,-,,,., .. pi,,..,., A,-p,..,...-1,,,.,., Nn 1•;> <------28' _____ _, Dining 12x8 '"""'"'~ -{f 0 - flrep11ce Living 15x15 Main Floor 0 Br1 11-8x11 Loll /Br3 Upper Floor furn, Garage l>ar 11·8 X 19-4 Lower Floor ·:.;,.,t;;.: ·~;.:~~ 1 A R • • VhHJ ANCI~ fll'Pl_,J.Cf\'l'lOtl Gf\llfll~l_,IJ COUNT~ i'.OMING BOl\IUJ OF /\l)Jll!;TMEtrl' P1.1rsurn1l lo Sect:Jon 9.05 of: the (;flrfleld Co1111ty Zoning nosol u t 1011 ..leflR\l fl. ; Sm w i<,..~£.,,,h"'t.,e,,_cr_.:z'------1aPrllCa1lt/owlie~T ~---- request (s) a v;iricuice to Section ";.af.ol-~.ot./.D? or: lhe Gcirf:ieltl county zoning nes0Jutio11 :5.o4.oc,, 3.Dlf. O'i, .,. Wl'Mll-lJ4-"!.l,J4.l.L'<loLlw 0 t=Jl\..!J/!.L.~ tu pernlt 2~k f1W1ify d!'1_t-/J;nq5 + flODr ()J(IJ. r DS /, 1,, :J l1i the -.!!:;J::J~D zone district. SUIJM!Tl'l\L H[');)U!Hf:l1EN'l'S: /\, Sketch nap: showfi\g nll 1111proveme11ts on Uie site, bulldlng r;17,cr-:, locations, setbacks, und access poinl:s. n. Vicinity 111C1p: showing ye11C?r<1l CJCogr<tphic lo<:all.011. c. Lege.d. description oC sl.te -Copy of: veecl of 0.·111ersli/.p. u. Practical t]escrJpl:ion of site -lncluUlng ;:u.lclrcss. i::. M<1mes ancl fl(lrlresses of property owners iHJjac1?11l·. to or wi.tl1i11 200 l't:. of the nlte (ilvai1ab.le thruuyll l:hc Assessor's office) f. Where appJicalJJ.e: descrjpt:lons of domestic water so11rc:e, riewnge disposed., .:ind olh!'?r utillt:y facllltles. G. Pl<111s and speci.[lcr.itio11s for the proposc:il. 11. Narrative explaini119 why tl1P. vnr.la11ce is being rcqueste(l. I. It shOuld be demonstrntecl by th12 nbove i11(or11k1li.011 ;111d utnl:ements U1<Jt, " ... where by reason o( eXC(!~ional 11urrow11ess, slw.llowness or sh;:1~ of the specl(Jc piece of properl:y at-tiie t1me o( ena"Ctm~11l: Or lii1s HesoiiiGOll, m· by reason of exception<ll tot_)Qgr~~!£ Ei,~~!_~~~ of such plec~ of proper lY, or £llier ~~~orlilii~ri-and exceE!:._1011al s1tuat1011 or co11dilion of sucl1 piece o[ property, U1e strict appllcat1on of:-any---.=egu1at:iOile1wct:eifliiidQ( Ud.s resolul:irn1 would rei:;ult: i.11 r~culinr nnd excepl:ionnl har.cl.sldp upon 1-11,~ owner of: snch property". (Seel: ion 9.115.0J) J. subject to the cibove f:inc.llngs, the Bo;ird o( i\dju::>l:mmil: ni.1y n11U1orl.7.e Cl vt1r.Jm1ce provided: 9.05.0J (.l): 'Jhot the vnrJm1ce grm1Led in the 111!.11i11n.1m 11ece'1snry to allevJoLe Siich pruCil-c<il dlf:(icuJLlen or undne hntcl!•hi1_1:-; 11pon Ille owner or sciid pro~iP.r.Ly; 9.05.0J (2): 'lllnl: sucli relief: m<ly Lie granted wil11out n11bsl'.m1Li.:tl det:rlmenl: tu U1e pulillCyom:l"untl wilhoul: substanti;il ly lmf>.:ilr.i11g llie j11Le11L t1111l purposJ:? of. Llie qi:i11er<1l plan or t:hln reno.luti0n 1 9.05.0J (J): 'J11at Uie cjrctrnlSLnncen rnuncl to co1111LJL11l:e a l1t1rthohlp were /1!_)1: crn1s~tl by Lile DppTI.Cant, are not fl\Le to oi: U1e fl':!r;tJLL of 91?11E>rnJ co11tULJn11s J11 U1n dl.r.Lt:icL, C111d czi11not be prncticaJJy correcl:et1: K. h0250 ree must l1e submi.t:l:ed wlU1 U1r:? npplic.;tion. l'ltCX:::E:IJUltf\L IUXJU11U~t1l~nrs: 1~ifl11i1_~iJiiTJc;if.lOtlS to l:lie Gt1rtielc1 co1111l:y Der_i.:1i:lJm)11t: o( J111i.lrli11g, r;nni.l:<ttion <111cl Planning 110 lnt:er limn l:llP. Jnsl: Fridny of l.lu~ mo11l:li in ortli=>r l:o he included on the following mo11tl1's ;19e11tla.· Hegul<1r meet:iny of Lh0. Zoniny uoard of /\rlj11st:ruenl: scheduled on l:lie fourLh 'lhntsday of e;.ic\1 monl;h. 2. You will receive, from tile l'lrio11ing ocpnrt:me11t:, a "r,1hl Jc: !lot ice roun" lndlc.itJng lhe time and date o( your hP.ariny. J, Notice by publication (o[ the public notice [orml shnll be glvP.11 once in n lll'~Wsj)<"'lper of general circu.la.l:ion in that ~xirtJ.011 of the co1111ly 111 whlc11 the s11bjecl: tiro~~rty is located, al: Jeast fl(tee11 (15) days prlur to the date of the pubJlc hC?nrjng, and proof of p11b.llct1tion shall be presented Cit the lieRrlng by the applicant:. Section 9.05.01. (l) '1. Notf.ce by 11\:ill.lng (of t-l1c pub.ll_c not:jce f:orinJ flhal.l he 11enl by certifled reLuru-recelpt: m"lll to all owners of all proper\-y wil;ld.11 lwn hunLlrnd (200) feet o( the subject ptClpett:y at least: five (S) (layfl prlor l:o U1e hecirlng, and l11e tel.urn receipts showing re(;elpt of notice sli<t.ll !Je proset1Le1l al: tile heilring by !:lie applicant:, u11lens Lhe nppl.icrn1l: is nUJe to ol:l1er:wir;o r.liow evidm1ce of ndc>qnnte notice to sucli owners. Section 9.0~i.04.(2) '111e above ancl att:aclled in(oun<it:ion is correc · l:o the best or my knowledge. hPPi,ICMfl': Jcftr-°1-IJ. f fJta9f-· ff\IUL_l'llOlll': {170) q!f_i-1151:__ HhlJ,HI~, h/JDmcss: 7'02-Homt l'la.u ,_G ICr1 wo11d~ n'!1.ft~C<i nie~ I OWt·lP.11: llT{]i.Tier<il'iD:rrni"lililf)ve Ml\If.l tlG i\DDlll':SS: PllOMI~ ~----- -It>- • Jeffrey H. & Stacy R. Ehlers 282 Home Place Glenwood Springs, CO 81601 Variance Application Garfield County Zoning Board of Adjustment Chalet Village 3 Lots 1, 2, 4, & 5 Jeff & Stacy Ehlers SUBMIITAL REQUIREMENTS: A_. Sketch map -See exhibit "A" B. Vicinity map -See exhibit "A" C. Legal descriptions: • Chalet Jots numbered one (1), two (2), four (4), and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document no. 244652 of the records in the office of the Clerk and Recorder of Garfield County, Colorado. (See Exhibit "B" for Deed) D. Practical description of site: The proposed variance is requested for four lots (1, 2, 4, and 5) in West Glenwood Springs located at the end of Mountain Shadows Drive in Chalet Village 3. E. Names and addresses of property owners adjacent to or within 200 feet of the site: Chalet Village 3 2119-343-18-003 -Giesing, Robert· 611 Urich Rd. Clinton, MO 64735-1214 Chalet Village 2 2119-343-17-001 ·Coffey, Kathleen Joy· P.O. Box 1267, Montrose, CO 81402-1267 2119-343-17-002 ·Herring. Nancy Ceracche & Stanley D. -466 Mountain Shadows Dr. GWS 2119-343-17-003 ·Swanson, Robert W. & Lois E. -468 Mountain Shadows Dr. GWS 2l19-343-17-004 -Lubchenco, Thomas A. & Ruth E. • 3702 Mountain Dr. GWS 2119-343-17-005 -Snearly, Dale B. & Dorothy D. • 473 Mountain Shadows Dr. GWS 2119-343-17-006-Wilson, Lynn A. -475 Mountain Shadows Dr. GWS Chalet Village l 2119-343-16-008 • Hughes, Kulin, Klein, Wright, Lockard, Schaub-Stevens -5033 CR 335 #56, New Castle, CO 81647 2119-343-16-006 -Bartnik, Mark R. & Joanna E. • 0459 Mountain Shadows Dr. GWS 2119-343-16-005 • Jepsen, Niels R. & Joy S. -461 Mountain Shadows Dr. GWS 2119-343-19-023 -Mitchell Creek Homeowners Assoc. -c/o K. Wincek -123 Creekside Ct. GWS 2119-343-19-022 -Fuller, Sally M. & Robert N. -0048 Creekside Ct. GWS 2119-343-00-005 ·Emmons, Tom H. & Marjorie C ·P.O. 0425 CR 133B GWS 2119-343-10-001-Coffrnan, Douglas A.· 1164 CR 113, Carbondale, CO 81623 ! -11- ' ) • F. Description of utilities: All lots have access to central utilities. Water -City of Glenwood Springs Electricity -City of Glenwood Springs Natural Gas -KN Energy Sewage disposal -West Glenwood Sanitation. G. Plans and specifications for the proposal: A sample house plan for the lots is included as Exhibit "C" H. Narrative explaining why variance is requested: • The specified lots were part of a subdivision which was platted in 1969. Subsequentto that time the County enacted zoning resolutions which make it impossible to build on the lots as platted. When the county minimum lot area, maximum lot coverage, and minimum setback requirements are applied to these lots it makes it impossible to put a home on them. The county setback requirement creates lots of exceptional narrowness and exceptional shallowness that were buildable when they were platted. The minimum lot size and maximum lot coverage are impossible to achieve. Therefore, the strict application of the zoning resolution requirements would result in peculiar and exceptional hardship upon the owners of the property (i.e. previously platted and buildable lots have become worthless as buildable property). The lots that we are requesting the variances for represent the final four lots of the platted six lots in Chalet Village 3. Lots 3 and 6 were built on after the zoning resolutions were adopted. Therefore, zoning variances have already been granted for two of the six lots. The proposed building units represent additional housing units similar to the other fifteen that already exist within 300 feet of the lots for which we are requesting variances. These are some of the few inexpensive homes available in Glenwood Springs. Included as Exhibit "E" is a copy of the letter from Jack Jones, Glenwood Emergency Services, in which he supports the proposed variance requests if we agreed to provide residential sprinkler systems in the homes we would intend to build. We have no problem agreeing to that proposal. We have had our attorney, Gerry Hartert, review the proposed variances as well. A letter summarizing his findings shall follow this application forthwith. • • Citizen Linda Moore, an adjacent properly owner, stated she ~1as opposed to ·the requested variance. Mary Odell staled L11at a wider, shorter trailer ~muld look better. Art Abplanalp read from t11e 7onirHJ llesolution, and stated that the topography and shape of the mohile home should havr! been considered and also whether or not Lile lot would hold the mohi le home. Mary Odell made a rnotion to deny Lile requested variance due Lo the County Attorney's slatenrent. Laverne Stari1l1ck seconded the motion. UOAllll VOTE: -FOR DENIAL: l'ete Calirir1l1a, Mary Odell, arid Laverne Starbuck. AGAINST: No11e AllSTAINEll·: ,John lr-ipp a11cl Leu -i'i1111milron The ninl.h, a11d ldst appl icillion to he heard, was a request fr·om Mr. John Schenk, attorney, r·e1n·ese11Li119 the pelil.ioner, Jephthah J. Spink. Their request was for a variance Lo allow the reduction of I.he· fro-nc,-·11aCl<-·a-na side setbacks. 1{lo specific dimensions were stated on I.he application. The subject property is located at M70 Mountain Shaclows Drive -Chalet Villa9es -West Glenwood Springs, Colorado, consisting of a 31 foot x 40 foot lot. The subject lot is zoned lleside~tial/Lirr1ited/ Urhar1 lle11sity. Mr. Schenk presented I.he Proof of 1'11hlicnl.ion and Lhe Certified Return Receipts. For this hea1·inq, Mary Odell lwd a conflict or interest and did not t.ake part in the lloanl vole. llr. Alliln llmvles took her place. Mr. Schenk expl.1ined Lhe lot problems. Mr. Spink stated that he knew when he bought the properly there were goi11CJ to he> problems, but he was told by an architect/friend I.he lot could he made usable. lie also hild a study done by Eldorado Engineer. Mr. Spink staled he 1·10ulcl hook-up viith I.Ire West Glenwood Sanitation llistrict and 1-eplace the sewer line. CitiLen Dan Stell, an adjacent chalet owner, stated his objection toward Mr. Spink bui ldinq on Lile lot clue Lo Lhe fact that. at the present there already is a congestion problem and that L11e1·e is only one fire hydrant to serve all of the chalets. lie also staled that draina11e is a Y"C'c1l problem, too. lie further pointed out the parki11q sitl1i1Lion is also a problem. Cit·izen Ken Kieck, also un ilcljaf.(!IJL c:lialct owner, staled his concerns were the sa111e as Mr. St.ell's and nolerl Llw slope or Mr. Srink's properly, 1vith any reconstruction at al I of I.he terrain, would create a worse drainarie proble1n with sever floodinq possibilities. Mr. Sch'?nk stated there will be angled parking spaces, and further, that Mr. Spink will provide more parking spaces than are req11ired. lie suqoested that Mr. Stell and Mr. Kieck, along with the othr.r chalet m·me1·s, form an improvements -13- - - - - - ------------------• • district to take care of tl1e problems they have nmv. lie stated that the proposed building plans will be the only thirH1 Mr. Spink can do to the lot. Citizen Mary Odell, also an adjncent chalet owner, stated there is definitely an acute draina<ie prnblem now, and questioned where Mr. Spink had purchased the property for the parking. Mr. Spink showed on the diagril111 •1here 1.he parking-will go and explained what types of grades there will be on the land. CiLiLell Cheryl lla11urlil1", anol:he1· chalet owner', expressed her concern that the area was already over crmvded, and qu.esl.ioned the Eldor·ado Engineering study. Pete Cahrinf1a explained that the floilrd was for111ed only to alleviate hardships created by zoniny. Mr. Schenk explained that i L is 11p Lo Lite Bui I ding Department to 111ake sure the retaining wall that will need to be built rloes not create any hazards to the surrounding pro11erty owners. W. C. Milner reild from the Hegulations Llrat Mr. Spink cannot have a Building Per111it on a lot with a ~1·x, slope until a soils and foundation study prepared.by a Registered Surveyor are cornpleted. Mr. Spink will have to have a site plan with ,?.rainage and revegetat.ion plilns pr·ior l:o qettin<J a Buildinq Perrnit, also. Or. llowles stiller! he .vould like to qo look al I.he property. Ar·t /\hplanalp staled Mr. Spink will have five setback requirements, being front, rear, both sides, and height, with height being no rnore than 25 feet. The lot is entitled to a 1500 square foot, sin<Jle family dwell in<J. Mary Ode I I questioned what tlw setback request is. Mr. Schenk showed her 011 t11e map, Mr. /\hplanalp suqyested to the Board 1.hal. wlrether they grant or deny the application, he would suyciest tire applicant come hack .vith a more complete set of variance requests. l'el:c! Cilbrinha sl.ilted he would like Lo see il qoocl set of variance r<~quesl.s, also. Mr. Schenk stated that basically Lire side yard lirnits would he one and one- half feet on eilch side, the front yilrd limit would be five feet, the backyard limit would he 10 feet, and the height would he lfl feet 2'> inches. Mr. Spink stated the top of the roof is designed to be one and one-half feet above Cheryl llanunar's chalet to keep in uniforruity w"ilh chillet 112. lie slated there would be a 45% slope on the clrive.vay. W. C. Milner suggesl.ed l:lrill. rnayhe it is premature in coming before the Board, getting the ca1·t in front of I.he horsP, ilnd thill the en9ineering work might need to be dor1e first. Discussion followed reqanlinr1 conrnrn over the rr.l.aining \'1all and the cut in to Lile Ii i 11 . Pete Cabrinha stated that the noilrd needs to know wl1at the l1ei9ht request wi 11 he. • • John Tripp 111ade a 111otion to .t:.i'l~!e. the variance request in order for the lloard me111bers and County officials to 111ake a site inspection of the lot, and for Mr. Spink to sub111it his specific variance requests. The meeting at the site was scheduled for one week later, Thursday, ,June 7th, at 2:00 P.M. ~Jithin this week, Mr. Spink would suhmit his specific variance requests. The 111otion ~1as seconded by Laverne Starbuck. 1301\HD VOTE: FOR: Pete Cabrinha, .John Tripp, l.aver.ne Starbuck, Leo Jammaron, and llr. Ill Ian ll<ll·iles. llGll INST: None The 1neetinc1 was adjourned al G:?'i l'.M. I f /l /-. (. i I / I i I '\ 0 • i .~. l. I I ,'1 , ! 1!. \ 1 • : · ·"-i'eTer lClahrinlia, Chai nnan / ./ ··.· I ./',;, "·c"~ . ·::.~: ~ < .. , , I ., .. ,., f:·. . . { /{ ( ,.'. .: Q>' .. ..c.)'<,,._)\[W>A• •·a~Y .. ' I.. Ma~y' ()[fe 11. · ··· ···· · ··· lc)ii·;··siierwood ,--------· Se/re Lary· Recording Secretary I. ·' ,,,, /S- • • DEPARTMENT OF EMERGENCY SERVICES 6-11-97 Mr. Mark Bean Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Mark, EMS • FIRE • RESCUE * I am writing in reference to Jeff and Stacey Ehlers proposed development at the west end of Ponderosa Drive commonly referred to as the Chalet Village. I have met with the Ehlers on several occasions to discuss fire protection for the project. The following is what has been worked out. 1. The area is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS services will be provided by this department. 2. Water supply in the area is weak with the best hydrant within 500 feet of the project flowing only 800 gallons per minute. Normal fire flow for a single family residence under 3600 square feet in size is 1000 gallons per minute. 3. With the installation of automatic fire sprinkler systems in these buildings, the required fire flow can be reduced by 50% or 500 g. p.m total. 4. The Ehlers have agreed to have the buildings on lots 1, 2, 4 and 5 provided with automatic sprinkler systems. 5. With the built in fire protection, this department has no problem with the development proceeding. If sprinkler systems are not provided, we will not be able to approve the project.. Also, if the Ehlers other lots are proposed to be developed, we will need to look again at the project to find adequate water supply and access. If you have any questions, please give me a call. y, 0a' Jones Fire Marshall, Glenwood Emergency Services cc: Jeff & Stacey Ehlers File ' -16- 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (970) 945-2575 • Fax (970) 945-2597 n • • •• Montrose 249-2446 Skill Stalf-Montrose 249-2446 Glenwood Springs 945-2891 Skin Stalf-Olenwoocl Springs 945-2891 TSI Tralfie Control Division 245-6433 Grand Junction 243-9950 Skill Stalf-Oraod Junction 243-4166 Craig 824-0033 MORE THAN 40 OFFICES IN THE MOUNTAIN STATES £.x hi f';'rf "E '' ~ ~ • DEPAR~ENT OF EMERGENCY SERVICES * 6-11-97 Mr. Mark Bean Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Mark, EMS • FIRE • RESCUE I am writing in reference to Jeff and Stacey Ehlers proposed development at the west end of Ponderosa Drive commonly referred to as the Chalet Village. I have met with the Ehlers on several occasions to discuss fire protection for the project. The following is what has been worked out. 1. The area is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS services will be provided by this department. 2. Water supply in the area is weak with the best hydrant within 500 feet of the project flowing only 800 gallons per minute. Normal fire flow for a single family residence under 3600 square feet in size is 1000 gallons per minute. 3. With the installation of automatic fire sprinkler systems in these buildings, the required fire flow can be reduced by 50% or 500 g.p.m total. 4. The Ehlers have agreed to have the buildings on lots I, 2, 4 and 5 provided with automatic sprinkler systems. 5. With the built in fire protection, this department has no problem with the development proceeding. If sprinkler systems are not provided, we will not be able to approve the project .. Also, if the Ehlers other lots are proposed to be developed, we will need to look again at the project to find adequate water supply and access. If you have any questions, please give me a call. ~e~~ ~;;;~;l, Glenwood Emergency Services cc: Jeff & Stacey Ehlers File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (970) 945-2575 • Fax (970) 945-2597 ~j ,• ' , ,· I ,,.. .. · .. · / I ~ :;r..-.:.. . -·- -a::. I • ·,\ --------- ' \ '\--·· ,,. . ' I I . I .• . .1 .. ·~ . T ,, ' ~--. •"· ,f J" ,. -----. .. ·' .. . ..-· I ) .•. ! / I -·· ----- ! ' ! --/ -- ·+-· ./ .-· .. --- I ~ .....-(-·--. _ .. , - , . ' v, i. ' u; , I ; t .... f -~--~ ,, .. · (:) <XJ" ,... ... • • ' I i ! :• I f ' : . "a7.i0 -c •. -or 0 z ~ .OO.L'i.6B N ----- --- -' i -~o ., ----=»---.----.. -c . r ;... £Xhi bi+ II/),, .. .. ··' .. • I . ' ' \ J ·' .?{ .. ., . .- / .. i .. ... l-... ~~·' .. · i I , , I I ,, I! ,, 1, Special Features Abound In Two-Story Starter First floor-609 sq. ft. Second floor-596 sq. ft. Total living space-1205 sq. ft. 3 bedrooms, 11/2 baths Foundation-basement • Y' Separate foyer fea!ures a handy coat closet. Y' Dining and great rooms are highlighted by custom window treatments. Y' First floor includes a powder room. Y' Skylighl and plant shelf accent the second-floor bath. v Bay window and walk-in closet are Incorporated into the master bedroom. Plan number CCl-2691-SP94. Price is $300.00. ©1993 Custom Creations Plan Service Inc. The diagrams presented here constitute only floor prans and elevations. Purchasers are advised to consult lheir state llnd local building regulations 11nd 11 state-cerMied archit&CI priOr to an~ constrlJCtion related to these plans. . --------------li.XhlbTf --,,~ -,, • _ l\r !J' x ,01 8' x 11' ·1·1 .~ :.~~· ?<.r~ i i I I I II I 1! i Ii I I I' rl ! Hoy 21, 1993 btt1tt.ri ,1mmwt J. SPrnK fll !hr CO\"IY of G.a.flF'J r.f ll #'d IU!t ol JF.fTREY H. FIUl<S am ITT'/\CT R. FICJFS of thp WITllfUflll, fk11t ll•t 0500 i'f:Ull'A TN Sl""°™9 llUVF. GI ,f.}U:'X. '() m 'HJ tl1S ro 8 l f,{} l C:'"'11r of l.a/\HFJ l·iI.l w>d 1ttlr of Cotor1do, utd f\flrtr 111 I~,, 11r1t ptofl, ft>r .,vJ In fe>o1ltchr1tlor1 ll'ILlllO 8'1'JJC• KA'( z 4 1991 GAl1Flt'lD 9';i!e Doc. Fnt a .-.L./-~-~-- of !ht tier.ind ~n 1 of 1h1 ,...,.. of c••••$18,000.00 > ftnt1 ~1h1>r .,1N1 incl v~\lMl'>lr rono.tdor•ttl...,, 1.-, tht •11rl PArlr of lhr ftru p.11r1 In hv.d piilcf by th1 ••Id p.rtllt of tht u•onnrl p.i1rt, '"' ff'C"r1rt lolhrrtnl It h•111l'V conft\\"1 •nJ tr~nt1wlf'<IO'f'd, hit 1r.rit..c!, blrgt 1r.d, 10\d w'ld '°""''r-<f• rd by '""~' rwr1..nt5 dr>to. 1Jr.,,.,1, h•rfo'll'l, •rlL, (Ql'lvry •rvf conl1na IJ'\tO ·.hr ••Id p.rtt1t of tht ttcond p.1rt 1 their htlrt and •~•If"" fnrtvr1, r.c1t If• ttn.111'1<'; In Ci'llNl'OO h..11 tn Joi I'll 11-.'!'£_t, ti I lhr lollo...lr.gi dttcrl~ lot or pttCtl of 1.-v:f, tyl"9 .,'Id t>tlne H> thr (OU"!tY e>f GAIU'JE.1D •rod Stitt o' Colorldo, to 11lt1 srn fXHTttrr "A'' ATl'J\OffD ffl'TIE'IO AND Ml\[)[;. 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In 1n11nntr •rd for111 11 1tort11ld, It'd lhft! thf ~.., .. ~· ... '"'~ e'>d rlt•• Ire-111 fonntr ll'd othtr 9r1n11, btr91ll"ll, ••t11, lltnt, hxt•, 111111M11"1tl tnd ~ . .,,.,.-ir11~,. of "'111f'Vtr kind or n1tur1 1or,,.tr 1 l:XCl1'f GfJnJIJ\L T/\Xf.S Nnl ll.'SE'C"1fNl'S FOR TI!E YEAR 1993 AND SUBSFOOfNI' \'EARS AND !;\.J!.\JJXJ' 10 l"A';r-1111ris 1 HFSl'lNATJCllS, RF!J'"illJL"'T'la~s, (X)V"DlNfI'S NlD RIGITS OF wAv, IN f:Xl ~1TNCL, 11· NN. tnd tht 1t>uv•<::I t111•11•u~ p•·..,..11.t• In lhr q.,lt! •nd p.o•~IP'•blt f>011tnl0t1 of 11td partt11 of tht ttcond pttl, the 11.1n1lvor of th ..... lhtlr tH11iJ"' "'.-.d lh• h•drl w>d """IY'~ of 11.-h 1urvho1·, •t•l"tl 1tl .,-Id every ;>trllll1 or per.on. l1wfullV cl•l•lnt (If I(• cl1I., 1ht Mtoult or I""' ptrt 01f'rtof, lht 1c!J ptrty rf !ht fl11t per~ 1h1ll w-.d _,,IJ li!AltRA'4T ANb fOltf:VEa Of,flCI. Tht ~1"9<111 1 ,.,,.~,~hill lrl(lll"fr tl\r plvr1l, th1 plvrtl l~t 1\fl(,H.Jt1r, end tht Utt of 81"1}" •«•llo' 1h1ll be IA)llclblt to tll 11~ndrrl. lM WllMfSS \IHfAfOf, fhr· 111d p1dy ni lht first ~rt hu herl"l.rlto tit h\1 hlt"'>d lt"'>d t•tl tht dey lt'ld y .. r flr1t 1bo>.>t wri 'tt" Sig.oN1, Sr1tf'd 1•1<:1 Ot-t1vrrtd in thr f'l'Otn•t of ------··s-r:tJi"OJCO:ii""A.Oo-· ------- C0<111y of I GARF I El I). u I by JFFtfl1 Wl J. £;PINK --------------------<WL) _________ (lfALJ May 21' 1993 '2' 1/ ------------~~.~~ i~-~~~~ ,~ii:1:a.niA1~wm~tmtn1~lJ!i1~~·~,~~1tN'tl1AV•m~11 ·; " tM« 8fl3~1r.1:Jfli F.XlllBIT ,, CHALET LOTS llUHOERm OllF. (I), TWO ( 2) , FO\JR ( 4) , ANO FIVE ( 5) Of CHI\ LET VILI.>.GE 110. i, l\S THF. SAHE APPF.AllS ON THE PLAT Fll.F.O M DOCUMENT NO. 244652 OF TllR RECORDS 111 THE OFFICE OF TllF. c1.r:R~ AND nr.r:nRD!:R n• GARFIFW COVllTY' COLOMDO. TOr.F.Tlll:R WT1'11 A TH/lrT or LAUD SlTll-'TF: JN 1'HE SOll'l'lfF.f\ST l/4 or 'J'H[ SWl/4 Of' ~t:CTJOU )4, TflWN~HIJP 5 SOllTJI, RANC:f flQ \IFS~/ or TllE SIXTU f'RJNClF'/\L MF.HlDJ'iN ~F.TNG DE!1CRIAl:D ~S f'Ot,t,OWS: Of.GINNING AT .Hr NOn11111EST .:0R111:R Of Tm: SEl/4 OF THE SWl/4 or !JF.CTJOtl 34; 1'Hf..NCt: SO\ITllEHLY Al.ON<. TllE WES·.' LINE Of' TllE SE1/4SW1/4, :0 J.14 F'F:E1'; Tl!F.tlCE f".AST, P/'IUALLF:T. TO TllF. NOH.~lf LJNE Of SAID SE1/4SW1/4, 150 FEET; rnrncr. NOR1'11rRt.Y .~ND PARl\1.1.f:I. 1'0 Tiff; WE,;T l.JNE Of' f AID :;rl/4SW1/4 TO THE ;"ORTl1 1,JNE 'J'ltf.Hf.Of; Tll!:llCE W~ST Ill.ONG Tllr NO~Ttl [.JNE Of' Sl\lD SEl/4SW1/4 TO THE POHIT or OEGlllNING. TOC-ETHCR WJTll A TRACT Of LAilo 1ncl\TED JN THE SE1/4SWI/•, SECTION 34, TOWNSt!TP ~ SOUTH, HflNGE ~9 WEST or THE SIXTH PRINCIPAL Mf.RIDJ/\fl l\FING [)f.SCRJBJ:D ~B FOLLOWS: nr<;]NrlJNG AT "' POill'l' WlliHCt; 'J'lfE WITNESS CORNt:H or TllE ~OUTH 1/4 C:OHl~tR Sf'.C'T!Otl J4 BF.ARS S. 6) DEGREES 45'38 1' E. lll0.95 r~ET AND s. 0 DEGRt:F:s 06' E. 185.81 FEET; THENCE N. 0 DEGREES 06' W. 60~.03 rEET TO NORTll LINE SEl/•SWJ/4; TllENCF: S. 89 DF:GREF:S 50' W. 150.0 f'EET; TllEllCE 5. 0 DEGHEES 06' E. 682.10 FEP.T; Tllf.NCF. N fJ2 Df:GHEl~S 16'07 11 E. 168.70 FEET TO THE POINT OF f\E::;rtJNJllG. TOGETl!t:ll WJTll A PARCEL or LAND SJTUl\TED !N THE SEl/4SW1/4 Of SECTION 34, TOWNSHIP 5 SOl/Tll, RAN·~E 89 WEST or THE SIXTH PRINC!Pl\I. Mf.RTDJAN, LYING f.ASTERLY Of TUE EASTERLY LINE OF CllALF.T VJl.l.A(;f NO. 3, S/\][) PARCEL or I .. ,l.ND IS DESCRIBED AS t'OLLOWS: BtGltlHJHG AT TllE SOU'l'llWE51' CORN£R OF SAID SE1/4SW1/4; TllENCE N. (IQ DEGREES 06'00" W. 603,86 FEET TO THE SOUTHWEST CORNrR rn· SA!D CHALET V!LLl\GE; THENCE N. 89 DEGREES 57'00" E. 140.00 FEET l\LONG THE SOUTHER!.'/ LINE or SAID Cl!l\LET VILLAGE TO THE SOUTlfEl\ST CORtlER OF SAID CllA!.f.T VJLLl\GE THE TRUE POINT OF BEGINNING; TllEtlCE N. 00 DEGREES 06'00" W. 135,00 FEET ALONG THE EASTERLY !.INE Of' SAID Cl!l\Lf.T VILLAGE TO THE NORTHEAST CORNFR OF SAID ChAl.ET vrLLAGEi ·•·11•~,~, r •· ,~,, 11·:-rr.'r1·r r:;·?'nn 11 F'. 1n.11n Ff-~rT·; ·.·_-' F.Xlll8I'l' A Tllt:NC'f.'. $. 00 OtGRf.:tS 06' 00" Z. VAHA~.t~tL WITH TH!: t.'llT!:RLY I.Ill>: OF SAID CHAI.ET Vl!.l.>.OP. ll5,00 F~RTI THfNCE 9. 89 DEGRE:r.s 57•00• "· 10.00 r•f'T 1'0 •'HE SOUTH~"9T CORtlF.R or SAID CHALET Vll.l...a.r•. THE TRUF. POINT OF B!OINHillG. Al,L Ill TllE COlJNTY OF Gl\:lrIELD STATf 01· COLORADO ••• ,' ,··, . " . .J ... ·' ·~,· ,. ..... I-. w----·--- -cc. . t -·-~-"' \ ---- \ ' \-------- / \ -- •' i ,· ,,.. .. · .i i ~--,· ., -' .,,,.-.•. ,. / ·' -.• , .. ·' .· ~- I .. r· _ _. -·· --------- / -- .---- . ' v, I. \ :..;, ,; . ·' / { ' . ·' / v, • !\ Lj'· .· ')., 410 I ,·• ._, _J _;- .( '3= '-' z Cf < ~ '" ~.· ~ ')(> ' /(J ... \ . i \) ~ .oo·rr .00.Ls..EiS N ------ ------- ,~--~r=-! I --t ···~="-' I· ----- .. ' ·-( ~ --, ... -- ---··- .. ~ '.-·; I __ o ---,:-----~·--.---.--· .... , --·- Ji/'./" .?t:>4 ~--.f~ , _/ i_ I ' ! :? ·-JI .. - I • Fee: • Receipts: AP PLICATION Proof of Pub.: GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Owners name: Jephthah J. Spink Owners address: 6968 Highway 82 Glenwood Springs, CO 81601 Date: June 12, 1979 Hearin~ Number: 104 Phone: 945-8028 Practical description of where property is located: 0480 Mountain Shadows Drive Chalet Village-s West Glenwood Springs, CO 1. Present zoning: R/l;.;uo Area: 37' X 40' Lot 2. Describe variance you are requesting: Rear Yard Setback Variance: Reduce to 10 Feet Front Yard Setback Variance: Reduce to 10 Feet Side Yard Setback Variance (Both Sides): Reduce to 4.5 Feet 3. Why do you feel that the variance should be granted: (refer to instructions, use additional nanes if needed) The only feasible use for this lot is to construct a similar building toe those erected on the other lots in the Chalet Village. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -~-- - - - - - - -.--...z;c-.-- - ---,.; ... • t;~: / • APPLICATION ~~tr1?w.: 1/ r..ARFIELD COUNTY ZONING BOARfl OF ADJUSTMENT {) 01'1ners name: Jephthah J_ Spink 01-mers address: 6968 Highway 82 Glenwood Springs, Phone: 945-8028 co 81601 Practical description of where property is located: 0470 Mountain Shadows Drive Chalet Villages _ West Glenwood Springs, co 1. Present zoning:. -R/G/UD Area: 31' X 40' Lot 2. Describe variance you are requesting: flate: May 16, 1979 ()-3t-lq) Hearing Nur:iber:@ The variance is required to construct a single family dwelling on the subject property. The dwelling will be essentially the same as the structures erected on Lot 3, Chalet Village No. 3 and Chalet Villages No. l and No. 2. 3. Why do you feel that the variance should be granted: (refer to instructions, use additional na9es if needed) The only feasible use for this lot is to construct the same type of building as is erected on the other lots. •' --,., 210 TENTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE (970) 928·9665 FACSIMILE (970) ;28-9680 Jeffrey and Stacy Ehlers 0282 Home Place • • HARTERT &WJLSON ATTORNEYS AT LAW July 25, 1997 Glenwood Springs, CO 81601 RE: Variance Application, Lots 1, 2, 4 and 5 Chalet Village No. 3 Dear Jeff and Stacy: GERALD O. HARTERT RONALD M. WILSON You have requested that I review your Variance Application for Lots 1, 2, 4 and 5 of Chalet Village No. 3, as well as the accompanying documents, information and applicable land use regulations to identify and address any legal issue that may exist in connection with the application. I have also had the opportunity to review the Project Information and Staff Comments which you provided to me. I offer the following observations and comments: 1. In my opinion the Staff Comments accurately and comprehensively present the facts, circumstances and interpretations of regulations bearing on the application, with the following exceptions: a. In Section J.B. it is stated that you are proposing to build five (5) additional parking spaces in "the right-of-way for use by residents in the area." As I have advised you. the right-of-way referred to is a thirty-foot roadway which is dedicated to the public on the recorded plat of Chalet Village No. 3 and therefore you have no legal ability to commit to create any parking in this area. The County Commissioners have sole and exclusive jurisdiction over any publicly dedicated roadway even though the roadway has not been expressly accepted by the commissioners. b. While it is not an error in the Staff Comments, since you have requested a variance for Lot 2, the documents from the County records which you provided to me recently (and after the Staff Comments were issued), indicate to me that a variance has already been granted by the Board of Adjustment for Lot 2, essentially granting a variance to the same setb~cks, etc., as the existing dwelling constructed on Lot 3. A copy of the Board's decision is attached. The point here being that if I am correct in this assertion, no variance is necessary for Lot 2 and a building permit should be available for this lot based ori the variance already granted. ., . ..... ,'. • • c. Under Section V. Recommendations. para. 2, with regard to "an amendment to the filing 3 plat to include the proposed roadway and parking areas ... ". It is not your legal prerogative to amend the recorded plat in any respect, since you do not own all of the lots in this subdivision and since there are no protective covenants imposed on Chalet-Village No. 3 which provide for less than unanimous consent of the lot owners to amend the plat. While it is not within your legal ability to agree to amend the plat, you certainly can grant the roadway and parking easement which is outside the boundaries of the platted subdivision but located upon adjoining lands owned by you. d. With respect to para. 4 of Section V. Recommendations, my above comments relating to vacation of the public roadway and amendment of the plat are applicable. Neither of these actions are within your legal ability to perform or to agree to as a condition of the granting of the variance or issuance of building permits. 2. I would add to the Staff Comments Section III A. and B. which in my opinion correctly state the variance criteria and the legal non-conforming status of each of the lots, the well established and underlying legal tenet that the imposition of zoning cannot effectively deny any reasonable use of a property. In this case, it seems more than clear that there is !lQ use of these legally subdivided lots other than use for single-family dwellings similar to the existing development within Chalet-Villages No. I, 2 and 3, and that the requested variances are the minimum necessary to alleviate the hardship imposed by the imposition of zoning on the property in question. I am hopeful that the foregoing will assist the Staff and Board of Adjustment in their consideration of your application. Yours very truly, Gerald D. Hartert GDH/pc ·~· • APPLICATION GARFIELD COUNTY .ZONHJG BOARfl OF AOJUSTMENT O.·rne rs name: Jephthah J. Spink 01-mers address: 6968 Highway 82 Glenwood Springs, Phone: 945-8028 co 81601 Practical description of where property is located: 0470 Mountain Shadows Drive Chalet Villages West Glenwood Springs, CO l. Present zoning: R/G/UD Area: 31' X 40' Lot 2. Describe variance you are requesting: !late: May 16, 1979 ()-3t·l'i) Hearin~ Nu;:iber:@ The variance is required to construct a single family dwelling on the subject property. The dwelling will be essentially the same as the structures erected on Lot 3, Chalet Village No. 3 and Chalet Villages No. l and No. 2. 3. \.lily do you feel that the variance should he granted: (refer to instructions, use additional na0es if needed) The only feasible use for this lot is to construct the same type of building as is erected on the other lots. ·-·---------·-·-----.--. -·---·-· --., ---"''-.... ---------·. -~---... ~~-..... ' .-.. '•. I • ·- 1. List all property 01'//1ers variance is being requested. your neighbors by regi s te1·ed within two hundred (200) feet of property for which Copies of the Public NGtice should be mailed to rnail and the receipts presented at the hearing. James V. Minor, Jr. Apt 914B, 900 Louisiana Blvd., Albuquerque, N.M. 87110 Carter Iddings/Ann G. Iddings 2373 Ash, Denver, CO 80207 Chester I. Earnest/Gladys Earnest 0393 Road 132, Glenwood Springs, CO 8160 Tom H. Emmons/Marjorie C. Emmons Box 592, Glenwood Springs, CO Sl601 Robert A. Klein/Berta J. Klein Box 553, Glenwood Springs, CO 81601 Chris S. Walker/Joni L. Walker 0461 Mountain Shadows Dr., Glenwood Spring co 81601 Arthur W. Hood, Jr./Jo Ann Hood 0459 Mountain Shadows Dr., " " Johnnie F. Jones/Shirley B. Jones 0464 " '' '' " '' Dennis E. Shafer/Daniel H. Buren 0466 " '' '' " '' Evelyn I. Nethala 0463 " '' " " '' Kichele Stell/Daniel A. Stell 0471 '' " '' " '' Cheryl D. Hammar 812 Grand, Glenwood Springs, CO 81601 W.D. Payne/Marian Payne Box 1151, Glenwood Springs, CO 81601 Dale B. Snearly/Dorothy D. Snearly Box 1954, Glenwood Springs, CO 81601 5. Describe i·iater supply, se\'lage facilities, utilities, and access to prnperty. (use additional pages if necessary) Water: West Glenwood Springs Water District Sewer: West Glenwood Springs Sanitation District Other Utilities: Public Service, Mountain Bell Access: Mountain Shadows Drive 6. Attach a map of legal sized paper or small~r dra1·1~ to scale sh01·1ing all im- provements (present and proposed) and al1.pert11 0 1ent dis:ance~ a~d a~ea. Sho;1 all impi·ovements on your property, and al 1 neighbor s propel ty within tl-.o hundred (200) feet of your boundary. -----· >.··--•. -----·-·····' --~----.. ·-.-----... _. --· ··---.---·-:·-------·· ------.. -·-. ·----·· ~ ••• -.. ' . ' • • 7. The above information is correct to the best of my knol'.·1 edge. Variance granted ~~~~~~~~~~ Variance denied . ~~~~~~~~~~- Variance tabled until the June 28th meeting. Board Vote: Member Pete Cabrinha John Tripp Laverne Starbuck Leo Jammaron Dr. Allan Bowles Attested by: Pete Cabrinha Chairman Fo1·m approved by Boe rd vote on Apri 1 18, i g7 4. For x x x John Tripp Secretary ·. Against •• Memo To: ·, Garlield County Planning Department From~k Jones, Asst. Chief Glenwood E~ergency Services Date: September 22, 1995 Subject: Ehlers Variance I was made aware of this variance by concerned property owners in the area. Looking at the proposal I see some major issues that will need to be addressed concerning fire protection to the area, These are as follows: I. The road at best is narrow, steep, dead end and usually choked down by parked vehicles. There are no provisions for the turning around of fire apparatus. The road is also private and the ability of keeping this road open for fire access in the winter is questioned. Any access to these dwellings will have to meet the specifications in the fire code. 2. Water supply for firefighting is slim. The hydrant available is on a dead end water line and only produces approximately 750 gallons per minute. Any new dwellings built will have to meet the requirements of the Uniform Fire Code which is a minimum of 1,000 G.P.M. ifthe dwellings are under 3600 square feet in size. The requirements go up from there. 3. The buildings are on a lot which is surrounded by scrub oak and other brush. ProYisions for the abatement of wildfire hazards will have to be made including type of construction and roofing as well as set backs from combustible brush and other growth. In conclusion, this area is already difficult to access for our purposes. It should be brought to the attention of the property owners that if they develop the lots, the above requirements will have to be met. If you have any questions, please give me a call at 945-4942. -~ DEPART~NT OF EMERGENCY IRVICES ~ EMS • FIRE • RESCUE 6-11-97 Mr. Mark Bean Garfield County Planning Dept. 109 8th Street Glenwood Springs. CO. 81601 Dear Mark, * I am writing in reference to Jeff and Stacey Ehlers proposed development at the west end of Ponderosa Drive commonly referred to as the Chalet Village. I have met with the Ehlers on several occasions to discuss fire protection for the project. The following is what has been worked out. I. The area is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS services will be provided by this department. 2. Water supply in the area is weak with the best hydrant within 500 feet of the project flowing only 800 gallons per minute. Normal fire flow for a single family residence under 3600 square feet in size is 1000 gallons per minute. 3. With the installation of automatic fire sprinkler systems in these "iuildings. the required fire flow can be reduced by 50% or 500 g. p.m total. 4. The Ehlers have agreed to have the buildings on lots 1, 2. 4 and 5 provided with automatic sprinkler systems. 5. With the built in fire protection, this department has no problem with the development proceeding. If sprinkler systems are not provided, we will not be able to approve the project .. Also, if the Ehlers other lots are proposed to be developed, we will need to look again at the project to find adequate water supply and access. If you have any questions, please give me a call. Jones Fire Marshall. Glenwood Emergency Services cc: Jeff & Stacey Ehlers File 806 Cooper Avenue • Glenwood Springs. Colorado 81601 • (970\ 945-2575 • Fax (970) 945-2597 ~ ln ""' ~ ..... 0 ::::i--+ ..J :J fYJ -I;; \...() lic--1 ...J ·--J -t-- '1 1' ~ ~ ~G't x I --\__ -\ 0 ") '-........... .::; -------/ c -) -2> 2._~ --\:_') ~r \/.I r-I ---------------- • • PUBLIC NOTICE TAKE NOTICE that Jeffrey H. & Stacy R. Ehlers have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variances to Sections 3.04.04, 3.04.05, 3.04.06 and 3.04.08 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property .situated in the County of Garfield, -8tate.of Colorado; lo-wit: Legal Description: Chalet lots numbered one (1), two (2), Four (4) and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document No. 244652 of the records in the office of the Clerk and Recorder of Garfield County, Colorado. Practical Description: Located in West Glenwood Springs at the end of Mountain Shadows Drive in Chalet Village 3. Said Variance application is to allow for the placement of a single family dwellings on individual lots less than the minimum allowed by zoning, to allow setbacks less than the minimum allowed by zoning and to allow for lot coverage and floor area ratios greater than that allowed by zoning. 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 of8:30 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application has been set for the 28th day of July, 1997, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Suite 301, Garfield County Courthouse, I 09 8th Street, Glenwood Springs, Colorado. Garfield County Planning Department • • PUBLIC NOTICE TAKE NOTICE thatJEFFREY I-1. & STACY R. EHLERS have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variances to Sections 3.04.04, 3.04.05, 3.04.06 and 3.04.08 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Chalet lots numbered one (1 ), two (2), four (4) and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document no. 244652 of the records in the office of the Clerk and Recorder or Garfield County, Colorado. Practical Description: Located in West Glenwood Springs al the end of Mountain Shadows Drive in Chalet Village 3. ·Said Variance application is to allow for the placement of a single family dwellings on individual lots Jess than the minimum allowed by zoning, to allow setbacks less thaµ the minimum allowed by zoning and to allow for lot coverage and floor area ratios greater than that allowed by zoning. 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 Pla,nning Department located at I 09 8th Street.d?l'~e 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours o([.G6=a.mrilllE1 I 2.00 ji.ili. &ml I:@@ j\;ffl. and ~00 p.m., Monday through Friday. · H, .:July '1 That a public hearing on the application has been set for the 2Sift day ofEilcliibet, 199/, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 30 I, I 09 8th Street, Glenwood Springs, Colorado Garfield County Planning Department •• • • DEPARTMENT OF EMERGENCY SERVICES 6-11-97 Mr. Mark Bean Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Mark, EMS • FIRE • RESCUE I am writing in reference to Jeff and Stacey Ehlers proposed development at the west end of Ponderosa Drive commonly referred to as the Chalet Village. I have met with the Ehlers on several occasions to discuss fire protection for the project. The following is what has been worked out. 1. The area is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS services will be provided by this department. 2. Water supply in the area is weak with the best hydrant within 500 feet of the project flowing only 800 gallons per minute. Normal fire flow for a single family residence under 3600 square feet in size is 1000 gallons per minute. 3. With the installation of automatic fire sprinkler systems in these buildings, the required fire flow can be reduced by 50% or 500 g.p.m total. 4. The Ehlers have agreed to have the buildings on lots I, 2, 4 and 5 provided with automatic sprinkler systems. 5. With the built in fire protection, this department has no problem with the development proceeding. If sprinkler systems are not provided, we will not be able to approve the project.. Also, if the Ehlers other lots are proposed to be developed, we will need to look again at the project to find adequate water supply and access. If you have any questions, please give me a call. y, Jones Fire Marshall, Glenwood Emergency Services cc: Jeff & Stacey Ehlers File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (970) 945-2575 • Fax (970) 945-2597 0 • Variance Application Garfield County Zoning Board of Adjustment Chalet Village 3 J,ots 1, 2, 4, & 5 Jeff & Stacy Ehlers SUBMITTAL I!EOUIREMENTS: A. Sk~clUiilln -See exhibit "A" B YiQini!Y-.Illftll -See exhibit "A" C. Leg!!! de~Q!:i11!iQ!1..L • Chalet lots numbered one (1), two (2), four (4), and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document no. 244652 of the records in the office of the Clerk and Recorder of Garfield County, Colorado. (See exibit "B" for Deed) D. l'rn1<\iQ1!\ desQrintiQnQf sit~: 11 The proposed variance is requested for four lots (I, 2, 4, & 5) in West Glenwood Springs located at the end of Mountain Shadows Drive in Chalet Village 3. E. N!!in~~;md J1ddrn~~~~-Q[ nrnn~r!y-1lwri~rn _l\\til\Q~nUQ_QLwithin.2QQ_ft__Q ft he si~ Chalet Village 3 2119-343-18-003 -Giesing, Robert -472 Mountain Shadows Dr. GWS Chalet Village 2 2119-343-17-00 I -ColTey, Kathleen Joy -464 Mountain Shadows Dr. GWS 2119-343-17-002 -Herring, Nancy Ceracche & Stanley D. -466 Mountain Shadows Dr. GWS 2119-343-17-003 -Swanson, Robert W. & Loise -468 Mountain Shadows Dr. GWS 2119-343-17-004 -Lubchenco, Thomas A. & Ruth E. -471 Mountain Shadows Dr. GWS 2119-343-17-005 -Snearly, Dale B. & Dorothy D. -473 Mountain Shadows Dr. GWS 2119-343-17-006-Wilson, Lynn A. -475 Mountain Shadows Dr. GWS Chalet Village 1 2119-343-16-008 -Hughes, Kulin, Klein, Wright, Lockard, Schaub-Stevens -5033 Rd. 335 #56 New Casie, CO 81647 2119-343-16-006 -Lloyd, Cheryl -PO Box 664 GWS 2119-343-16-005 -Tornare, Rene-308 W. Hopkins, Aspen, CO 81611-1602 2119-343-19-023 -Mitchell Creek Homeowners Assoc. -c/o K. Weincek -123 Creekside Ct. GWS 2119-343-19-022 -Fuller, Sally M. -2322 Blake Ave #2 GWS -0048 Creekside Ct. 2119-343-00-005 -Emmons, Tom H. & Marjorie C. -PO Box 1917 -0425 133B Rd. GWS 2119-343-10-001 -ColTman, Douglas A. -377 Mountain Shadows Dr. GWS • F. Q~scrintion~ of!!tilities; All lots have access to central utilities. Water -City of Glenwood Springs Electricity -City of Glenwood Springs Natural Gas -KN Energy Sewage disposal -West Glenwood Sanitation G. _f !im~ mid ~ll~l<ifica t ioo~JQr.Jh~_p..fQ(lQsaL A sample house plan for the lots is included as Exhibit "C". ·, H. l'lllrrntiv~.J~_l\(llainin~!Jy_y!lfi1mrn .. is r~gues~g; • The specified lots were part of a subdivision which was platted in 1969. Subsequent to that time the County enacted zoning resolutions which make it impossible to build on the lots as platted. When the county minimum lot area, maximum lot coverage, and minimum setback requirements are applied to these lots it makes it impossible to put a home on them. The county setback requirement creates lots of exceptional narrowness and exceptional shallowness that were buildable wi1en they were platted. The minimum lot size and maximum lot coverage are impossible to acheive. Therefore, the strict application of the zoning resolution requirements would result in peculiar and exceptional 1, hardship upon the owners of the property (i.e. previously platted and buildable lots have become worthless as buildable property). 'fhe lots that we are requesting the variances for represent the final four lots of the platted six lots in Chalet Village 3. Lots 3 and 6 were built on after the zoning resolutions were adopted. Therefore, zoning variances have already been granted for two of the six lots. The proposed building units represent additional housing units similar to the other fifteen that already exist within 300 feet of the proposed lots. These are some of the few inexpensive homes available in Glenwood Springs. • Variance Application Garfield County Zoning Bonni of Adjustment RE: Chalet Village 3 Lots I, 2, 4, & 5 Jeff & Stacy Ehlers • Please add a variance request to Section 3.0'1.os to allow for floor area ratios ranging from approximately 1.13: I to IM: I for the above referenced lots. These ratios would be very similar to the existing ratios for homes in this and the other adjacent Chalet Village subdivisions. We are requesting front, back, and side setbacks as indicated in exhibit" D". 11 ,! 1: I I I ' ' Ii '· ""Y 21, 1991 bet.,.•n .1mmw1 .1. SPTNI< ....,.i tt1tr of JF.FFRF:Y H. F111.flt.<; llrrl frl'/\C'V R. 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Thi ~inQ"l•• n'''*"'' ~h11lt 1rxt....i,. th• plur•t, tht plvral 1~1 •lnvut11r, .,-.d the u•t of lln\" ;¥ .... 1h1tl bl eppllc.bla to 111 v .. IYitr~. Ill Ul11dSS UllfNfOf, th•· Old rwirty of lhr flr5t part h11 hertll'llO 111 hh hand and Ital the dlly and yH1r flr•t ~ Siw••d, Sr1t~d uld Oelivtrt'd In tht l'••~l!nrt ol (SEAL) -----------------(SfALJ --~---~-·sr;:1[·0r-r:«0ii-A.Do--~-·-------· -- c.oo••ly vf I (',J'>JU'l EJ I} II . __ -----·---------------(SfAl) I lhc foreuvlnl) lt11trt,mMI w.• e.ck,.owledged bllor1 N tht• c»y ol Hoy 21, 1993 t.y JEPlmWI J. SPINK Ch'l ll'lR E,l(hibi+ '' 8 ·~' • • FXlllB!T ,, CHALF.1' LOTS lltlMOF.RrD oNF. (1), TWO (2), FOUR (4), AllD FIVE (5) OF CHAI.ET V!Ll.AGE 110. 1, AS Tiff. S ... HE APPF.AllR ON THE PLAT r11.rn M OOCllHF.llT NO. 244652 OF TllR RF.CORDS Ill THE OFFICE OF TUF. CJ.f:H'< l\ND HF.~0Hr1F:R O':t Gl\RF'IF.T.O CO'JHTY, COLORADO. TOGF.TllElt wr1·11 /\ TR~CT Of I.J\tl{) SITU.l.Tf. JN 1'1fE S0ll1'11F.l\ST 1/4 or THE SWl/4 Of' f:l::CTJOU 34, T0WNSllJP ~ SOl/Tll, RANGF 89 '1FS'",' or TflE SIXTH l'RINCIPAL Hnt101'H REING OF.SC:RJ8F.ll AS FOLLOWS: OFGIHNING AT •HE NOR1HWF.ST ;:ORlll:R OF Tl!>: SEl/4 Of THE SWl/4 · or Sf.CTJOH J4; 1'HJ:.NCE SOtTTUf.H.LY At.Otlr. THE WES·."' LlNE or THE SE1/4SW1/4, :~1.14 l'f.F.T; THF:tlC'E FAST, 111'.H~LLF:L TO 1'11F. NOH."'11 LINE OF SAID SE1/4SW1/4, 150 rEF.1'; THf:UCF: NORTllEHLY _t.,ND PARALLEL TO Tift WE~T LINE or ! AID SEl/4Sl<l/4 TO THE ;~ORTh t.JllE TllF.REOf; Tll!":llCE W~ST ALOtlG Tiil. NOllTll LINE or SAID SEl/4SWl/4 TO THE i•Ol!IT or OEl.JIJHJNG. 'l'OC:~:Tllf:R WJTll I\ TRACT OF LAllD LOCATED JN TllE SE1/4SW1/4, SF.CTTON 34, 1'0Wtl511 I l' ~ .SOUTll, HAUGE d9 WEST Of THE SIXTH PRINCIPAL HERl!llAll BEING DESCRJHEO AS FOLLOl<S: OEGJNrllllG AT I\ POTUT WllENCE T•IE WITNESS CORNER OF THE bOUTH l/4 CO~Nf'.R Sf:CTJOU 14 Df.ARS S. 63 DEGREES 45'38 11 E. 1130.95 'f':-::ET ANDS. 0 Df.GREES 06' E. 185.81 FEET; TllEUCE N. 0 OEGRF.ES Of.' W. 605.03 FEET TO NOR"fll LYNE SEl/dSWl/4; 1'11EllCE S. 89 OF.GREF.S 50' W. 150.0 FEET; 1'HEllCE S. 0 OF.GRHS 06' E. 682.10 FEET; Tllf.llCE ti 62 lffGHEES 16'07" E. 168.70 FEET TO THE POINT OF BEJJt~Nitl(;._ TOG f.Tll f:H WI Tll A P/\RCEL OF LAND SJTllATF.O IN THE SE1/4SW1/4 OF SECTION 34, TOWNSllJP 5 SOlJTlt, RAth::f. 89 WEST OF THE SIXTH PRINCIPAL MEHJOI AH, LVJUG f.AS'T'F.:RLV OF THE EASTERLY LINE Of CHALET VTl.t.AGF t~O. 3, SAID PAnCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGlUHJNG /\T TllE SOll'fllWEST CORNER OF SAID SE1/4SW1/4j TllENCE N. CJO DEGREES 06' 00 11 W. 603. 86 FEET TO THE SOUTHWEST CORI/FR OF SA!O CHAI.ET VILLAGE; 'J'llENCE N. 09 DEGREES 57'00" E. 140.00 FEET ALOUG THE SOU1'11ER1.Y [,!NE Of SAID CHALET VILLAGE TO THE SOUTHEAST CORllER or SA!O CllALET VILLAGE THE TRUE POINT OF BEGINNING; TllENCE N. 00 OEGREES 06'00 11 W. 135.00 FEET ALONG 'fl!E "EASTERLY J,JllE OF SAID CHALET VILLAGE 1'0 THE NORTHEAST CORNER OF SAID CHAI.ET VILLAGE; T!''~tv·r •· "" p·~r.r>rrr ')7'00" r.. in.on FF.rT: • • f:XJITRJ1' A Tllt'CNCf: S, 00 OtGR£'f:S 06' 00" Z. l'Anl\.;.LtL WITH THE ~'fJTt7'LY t.J l~l~ Of S.\10 CHAI.ET VI t.l..J..GF. 1 l ~, 00 F'"'.ET I 'tllE:NCE 9. eg OEGRE'.f.S 57'00" "1. 10.00 rrM' "l~ ·,"'ffE SOU1'Hl!:A.ST CORtlF.R Of S ... JD CHALET vu.1..a.r~ TllE TRllf. POINT or BEGil<HlllG. ... LL Ill TllE COUNTY Of GJ.:lfIELO ST ... Tf 01" COLOR ... DO ••• - f ··' . ·,· ... \ ..... ~ ' v' ·<;,: ',>· ;i;·~ ..... ·.·. ·,·· · ... : . ., . '·'·"'- . ~·. '•:. r. ' ,. •.' -·~ £Xh.ibif ''t3 '( l'1J1~ • • Vl\Hll\MCI> l\PPL.lCl\TJON Gl\l\FH:LIJ COUM'l'Y 7.0HING llOl\l\IJ Ol' l\DJU!>'l'MEtl'f Pursua11l to Section 9.05 of tlrn Garfield County zoning Hesolution (a~~j;w~i~7Jlu~i £hler-? request(s) a variance to Section ";.<Jf.ol-1 i.o<.f.C?, of the Garfield county zoning Hesolutio11 "' 4 ., ""' t ,,.o .ot,, ?.D'f. vo, concerning minimum lof©'ftl rJ(tlJfimWlf. lot to permit ~k fa.mily dwe,J/;':95 U>ver~ J l'kft1'1mu1YJ ?etback.;,' +floor ON.o. r0Ji 05 ""/ i""D in the t<-/... _.,, zone district. ~~~~~~~~~~~~~~~~~~~~~-. SUIJMI'.l'l'l\L ill'J;)UHmMEN'l'S: /\, Sketch map: showiilg all improvements on lhe site, building sizes, locations, setbacks, and access points. a. Vicinlty map: showing general geographic location. c. Legal description of site -Copy of IJeed of Q.111ership. D. Practical description o( site -including address. ll. Names and addresses of properly owners adjacent to or within 200 ft. of the site (available lhrough Uie l\ssessor 's office) F. Where applicable: descriptl.ons of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. II •. Narrative explainill\J why the variance is being requested. I. It should be demonstrated by the above information and nlalemenls that, " ... where by reason of ex~~pqonal narrowness, ~~1.','llowness...,,..2£ sh<~ of the specific piece of property at the t1111e of enactment of llus Hesolut1on, or: by reason of exceptional topographic ~~ndi~ of such piece of properly, or _2ther ~aordinary 2nd exceptional s1tuat1on or condition of such piece of property, the stnct appilcation of any regulatJ.on enacted under lliis resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) J. subject lo the above findings, the Board of l\djustmenl may authorize a variance provided: 9 .05 .03 (l): '!hat the variance granted is the mlni.mum necessary to alleviate such prnct1cal difficulties or undue hardships upon the owner of said property; 9.05.03 (2): '!hat such relief may be granted without substantial detriment to the puGTICyood and without substantially impairing the inlenl and purpose of the general plan or this resolution; 9.05.03 (3): 'lhat the circumstances found to constl.tute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; K. i\ ~250 fee must be submitted with the application. PHOCEIJU!ll\L HEJ;)UllU>MEN'l'S: 1. Submit appll.cat10ns to the Garl'ield county Department of Building, Sanitation and Planning no later than the last Friday of the month in order lo be included on the following month's agenda.· Hegular meeting of the Zoning Board of l\djustment scheduled on lhe fourth 'lhursday of each month. 2. You will receive, from the Planning Department, a "Public Notice Form• indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county i.n which the subject property is located, al least fifteen (15) days prior lo 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) clays prior lo 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 lo such owners. Section 9.05.04. (2) '.lhe above and attached information is correc· and accu ale to the best of my knowledge • . £1.\ !if? ( Oi1D) C!l{o' 11?7-l\PPLICl\N'l': Jcffr"0( J.l. f "Jtacy Mi\ILING l\DDimss: iri Home fMu G lcn.~tJd "6priY!fJS :CO ~//,()I OWNE!l: ~~=-~~"--~--~------'PllQNg ___________ _ \l[ lliHerent from iibove MllILING i\DlJHESS: -~~~~~~--~~~----~~~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- - - - - - - - - • • PUBLIC NOTICE TAKE NOTICE that JEFFREY H. & STACY R. EHLERS have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variances to Sections 3.04.04, 3.04.05, 3.04.06 and 3.04.08 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Chalet lots numbered one (1), two (2), four(4) and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document no. 244652 of the records in the office of the Clerk and Recorder or Garfield County, Colorado. Practical Description: Located in West Glenwood Springs at the end of Mountain Shadows Drive in Chalet Village 3. Said Variance application is to allow for the placement of a single family dwellings on individual lots less than the minimum allowed by zoning, to allow setbacks less than the minimum allowed by zoning and to allow for lot coverage and floor area ratios greater than that allowed by zoning. 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 of9:00 a.m. and 12:00 p.m. and 1 :00 p.m. and 4:00 p.m., Monday through Friday. That a public hearing on the application has been set for the 23rd day of October, 1995, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Garfield County Planning Department G.S.D.E.S. ID:9709286040 • SEP 26'95 9:47 No.001 P.02 • Memo To: Garfield County Planning Department From~k Jones, Asst. Chief Glenwood Emergency Services Date: September 22, ! 995 Subject: Ehlers Variance 1 was made aware of this variance by concemed property owners in the area. Looking at the proposal I see some major issues that will need to be uddressed concerning fire protection to the area. These arc as follows: I. The road at best is narrow, steep, dead end Md usually choked down by parked vehicles. There are no provisions for the turning around of fire apparatus. The road is also private and the ability of keeping this road open for fire access in the winter is questioned. Any access to these dwellings will have to meet the specifications in the fire code. 2. Water supply for firefighting is slim. The hydrant available is on a dead end water line and only produces approximately 750 gullons per minute. Any new dwellings built will have to meet the requirements of the Unifom1 Fire Code which is a minimum of 1,000 G.P.M. if the dwellings are under 3600 square feet in size. The requirements go up from there. 3. The buildings are on a lot which is surrounded by scrub oak and other brush. Provisions for the abatement of wildfire hazards will have to be made including type of constmction and roofing as well as set backs from cornhustible brush and other growth. In conclusion, this area is already difficult to access for our purposes. It should be brought to the attention of the property owners that if they develop the lots, the above requirements will have to be me!. If you have any questions, please give me a call at 945-4942. . . G.S.D.E.S. 10:9709286040 SEP 26'95 • • Glenwood Springs * Department of Emergency Services To: MllRK BF/-JN Fax #: lf'-15. --178 5-- Re: £ 1/ 1-L7?. s v11I!111 we{ Date: 9-2u..qc <P ct:s,? 11/11. Pages: 2 , including this cover sheet. Message: The .original of this transmittal will be sent by: __ Overnight __ Ordinary Mail r This will be the only fonn of delivery • f AC~IMILf ci ENWOOD RINGS DEPT. Of EMERGENCY SERVICES 806 Cooper Avenue Glenwood Springs, Colorado .. 81601 970-945-4942 Fax: 970-928-6040 • Memo To: Garfield County Planning Department From~k Jones, Asst. Chief Glenwood Em~rgency Services .. •SI Date: September 22, 1995 Subject: Ehlers Variance I was made aware of this variance by concerned property owners in the area. Looking at the proposal I see some major issues that will need to be addressed concerning fire protection to the area. These are as follows: 1. The road at best is narrow, steep, dead end and usually choked down by parked vehicles. There are no provisions for the turning around of fire apparatus. The road is also private and the ability of keeping this road open for fire access in the winter is questioned. Any access to these dwellings will have to meet the specifications in the fire code. 2. Water supply for firefighting is slim. The hydrant available is on a dead end water line and only produces approximately 750 gallons per minute. Any new dwellings built will have to meet the requirements of the Uniform Fire Code which is a minimum of 1,000 G.P.M. ifthe dwellings are under 3600 square feet in size. The requirements go up from there. 3. The buildings are on a Jot which is surrounded by scrub oak and other brush. Provisions for the abatement of wildfire hazards will have to be made including type of construction and roofing as well as set backs from combustible brush and other growth. In conclusion, this area is already difficult to access for our purposes. It should be brought to the attention of the property owners that if they develop the lots, the above requirements will have to be met. If you have any questions, please give me a call at 945-4942. To: THE ZONING ~RD OF ADJUSTMENTS Garfield County, Colorado • This is in response to the public notice that Jeff and Stacy Ehlers have applied to the Zoning Board of Adjustments to grant variances to Section 3.04.04, 3.04.05 and 3.04.06 of the Garfield County Zoning Resolution of 1978. If the four proposed houses are built, the traffic on our road will approximately double. The road now is a steep, narrow and curving gravel road. Garfield County has refused to assume responsibility for the road because it does not meet its requirements. Maintenance of grading, graveling and plowing is done by ourselves. Kenny, of the County Road Department, in charge of Road 133 B, said, "We used to plow right up to the mailboxes (we even put up NO PARKING signs), but now with so many people parking around there, there is just no way to turn the equipment around safely on that narrow road. As far as the road right in front of the chalets goes, we have never plowed that." Why is that? "Because there's just no safe place to turn around." With added houses, there will be added traffic and parking needs. Parking even now is awkward and insufficient, if visitors arrive for even one household, places to turn around disappear and only narrow lanes remain. Fire lanes are often non-existent. Jack Jones of the Fire Dept. states that water supply in this area does not produce more than 750 gallons/min. while requirements for any new housing is 1,000 gallons/min. or more, depending on the size of the home. Adequate water lines would be needed as well as 20 feet of driveable area for fire access with a turn around,and safety requirements of cleared areas to meet the wild land mitigation. There have been many vehicle accidents ranging from cars sliding off the narrow roads to fender benders. Winter exacerbates these problems. The proposed housing will eliminate one of the corners used for piling snow and turning around. It is common in winter to see a driver, often unsuccessfully,"getting a run at it" to try to negotiate the steep hill • . It is the stated purpose of the 1978 Garfield Zoning Resolution to promote the HEALTH, SAFETY and WELFARE of the present and future inhabitants of the State, including the lessening of congestion in the streets or roads or reducing the waste of excessive roads, securing safety from fire, flood waters and other dangers, providing adequate light and air,etc •• The variances applied for are completely contrary to the spirit and wildly divergent from the letter of the resolution. According to the tax assessor's office, the Ehlers themselves argued successfully for a reduction in property tax on the four lots in question, protesting that the lots were not buildable. The previous owner, Jeff Spink, has stated that he investigated the possibilty of eliminating the boundaries of the lots when he realized that they were essentially not buildable, but abandoned the ef~ort because of the time and expenses involved. He said he discussed this fully with the Ehlers when he .sold them the property. Furthermore, he concludes that Chalet Village #3 was a bad idea. • • was ill-conceived W conversation that Chal . # 3 Planners have concurred in Ehlers request for .. e agree and urge the Board t det Village variances. o eny the Planning Department Garfield County Dear Board Members, • ~.~~~~:ill GNii'ICLD (.;.(XJNTY ·; ·~·--~ • Cheryl Lloyd, Owner 459 Mountain Shadows Glenwood Springs, CO September 25, 1995 Drive 81601 I am in receipt of the notice by the Planning Department regarding the application to grant variances to property owned by Jeffrey and Stacey Ehlers, namely that property known as Chalet Village 3, I cannot be present at the public hearing set for September 25 at 7 p.m., therefore, I would like to state my objections in this letter. The parking situation in this area is especially difficult in winter time as the County will not plow our parking areas because of the difficulty in turning around the plow. If more housing is built above·my property the parking difficulties would increase. Cars unable to get up the steep hill to the upper chalets, or unable to park up there. because of the limited spaces available, would inevitably end up parking in my area, in front of the lower Chalets increasing the congestion which is already a problem in the winter time. Other issues o.t utility access and fire danger are also my concern. The chalet community is already orv of high density and I see no reason why the risks of high density living need to be increased, The homes on the chalet lots are at least 30 years old and the risks of fire or breakdown of older appliances such as water heaters and furnaces is higher than in newer subdivisions, I ask the Planning Department to deny the application for variance. The Garfield County Zoning Resolution of 1978 was made to stop the development of high density housing that currently exists in the Chalets. I urge you to consider that it was a wise resolution, and to stand by it, • • BOA 9125195 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variances from Sections 3.04.04, 3.04.05, 3.04.06 and Section 3.04.08 dealing with setbacks, lot coverage, floor area ratio and minimum lot Size APPLICANT: Jeffery and Stacy Ehlers LOCATION: Located in West Glenwood Springs at the north end of Mountain Shadows Drive in Chalet Village 3, SITE DATA: 4. 4 3 acres in size WATER/SEWER: Central water/sewer ACCESS: Mountain Shadows Drive EXISTING AND ADJACENT ZONING: R/L/UD I. DESCRIPTION OF THE PROPOSAL ,, A. Site Description: The subject property is located at the top of a private drive that serves the Chalet Village subdivision.(See site plan) The site consists of very steep hillside with scrub oak and native grasses for vegetation. The private drive serving the proposed building sites is a gravel, single wide roadway that also serves as parking area for some of the other chalets in the subdivisions. There are two detached units on lots 3 and 6 of the third filing of Chalet Village that was platted in I 969. The driveway to the house that is the highest up the hillside, crosses over two of the applicant's lots and appears to be outside of the easement platted for access to the lots. The site plan and a portion of the Chalet-Village Filing 3 plat are enclosed for your review.)/'& C'#', B. Request: The applicant is requesting a number of variances to allow for the construction of dwellings on lots I, 2, 4 and 5 of the Chalet-Village No. 3: I. Section 3.04.04 -Minimum Lot Area. The minimum lot area in the R/L/UD zone district is 7500 sq. ft.. The applicant is requesting a variance to allow for construction of detached single family dwellings on lots 1240 and 1480 sq. ft. in size. 2. Section 3.04.05 -Maximum Lot Coverage. The maximum lot coverage allowed in the R/L/UD zone district is fifty percent (50%). The proposed dwellings foot print would cover an area 28'x 32'or 896 sq. ft. oflot area, \ ------------ ,, • • when the deck is modified as proposed on the building plan. (See building plans pg.~ On the 1240 sq. ft. lots this would be 72.25% and 60.50% on the 1480 sq. ft. lots. 3. Section 3.04.06 -Minimum Setback a) front yard -reduce the minimum of 25 ft. to 3 ft. from a private road right-of-way for lots 1and2. Reduce the front yard for lots 4 and 5 to zero lot lines. b) rear yard -reduce the 25 ft. minimum to 5 ft. for lots 1, 2 and 4, and to 3 ft. for lot 5. c) side yard -reduce the minimum 10 ft. or 1/2 the height of the principal building to O'and 9 ft. for lot 1; O' and 3 ft. for lot 2; 5 ft. and 7 ft. for lot 4; and 5 ft. and 3 ft. for lot 5. 4. Section 3.06.08 -Maximum Floor Area Ration -increase the 0.25: 1.00 to 1.13: 1.00 for lots 1 and 4; and 1.35: 1.00 for lots 2 and 5. C. History -In 1979, the original owner of the property in question, Jephthah Spink, requested and received a variance for lot 6 of filing 3 of the Chalet Village. The variance granted at that time was to allow a reduction of the front and rear yard setbacks from 25 ft. to 10 ft. and the reduction of the side yard setbacks from 10 ft. to 4.5 ft. (See minutes pgs.~ As a part of the requested variances, the applicant is proposing to build a road around the upper end of the lots in filing 3 on land owned by the applicant, to replace the parking area for lot 6, so that it is above the lot. In addition to the two (2) off-street spaces created by the garage and carport in each of the proposed units, the applicants are proposing to build five (5) additional spaces in the right-of-way for use by the residents in the area. (See application) It should also be noted the proposed unit on lot 4 would be oriented to the east to allow for easier access to the parking on the lot and the unit on lot 5 would have the garage/carport on the top level, with access provided via the previously noted new roadway. All utilities would be from the West Glenwood Sanitation District.and the City ofGlenwMdJprings water supply system. (see. f)j-Y') f {'a /1 o,J /'" ') e S I I• III. MAJOR ISSUES AND CONCERNS A. Variance Criteria-Section 9.05.03 of the Zoning Resolution (Variance -Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: , 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 2. That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; 3. That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; '· • • 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. B. Zoning -The Chalet Village subdivision was platted prior to any zoning regulations being placed on the property in question. As a result, each lot is classified as a nonconforming lot and is subject to the criteria contained in Section 5.04.05, which reads as follows: Nonconfom1ing Lots: Where a Jot was held in separate ownership or was platted on a subdivision plat filed in the office of the County Clerk and Recorder prior to the adoption of the prior Garfield County Zoning Resolution enacted on November 27, 1973, and does not meet the minimum Jot area requirements of the zone district in which the lot is located, such lot may be occupied by uses as provided under the appropriate Zone District Regulation and the floor area ratio for such nonconforming lot shall bedetennined following the standards included herein, provided that connection to a central sewage collection and treatment system approved by the Environmental Health Officer and the Colorado Department of Health is available. The Chalet Village lots were platted in 1969 and do not meet the minimum lot area requirements and if the applicants were to meet the floor area ratio requirements of the RJL/UD of0.25:1.00, the 1240 sq. ft. lots would be allowed a 310 sq. ft. dwelling and the 1480 sq. ft. lots could have 370 sq. ft. dwellings on them to meet the previously noted zoning requirements. Based on the previously noted criteria for a variance, the following comments are made: "variance granted is minimum necessary .... " -To build on the lots in question, it is necessary to build into the hillside and build upward to be able to stay within the property boundaries of the lots created in 1969. A28' by 32' building envelope is not an exceptionally large area and the units proposed are not exceptionally large either. It appears that one of the major problems facing anyone trying to build on this property will have to deal with is the off-street parking. The applicants have proposed to build a one car garage with carport under the deck for each unit. To place a smaller unit is possible, but it would not make the units more consistent with the units in filings l and 2 of the Chalet Village subdivision, which would require of the all of the same variances requested by the applicants, if they had not been built prior to the regulations. "the relief granted may be granted without substantial detriment to the public good impairing the intent and purpose of the comprehensive plan." -The buildings proposed will be built into a steep hillside and very close together. It will be necessary to have an engineer design the foundations of any buildings in the lots in question, to insure that there will be no damage to the structures above or below the proposed building sites. Additionally, the design of the units will need to incorporate a drainage system into the lot design, that insures that the amount of runoff from the new units does not exceed the historic levels. The new road proposed to go around the upper side of Filing 3 will minimize the parking conflicts created down in the lower section. To make the access to lots 5 and 6 legal, in perpetuity, it will be necessary to either amend the Filing 3 plat to include the new roadways or to create a perpetual easement by deed to each of the lots that crosses over the other lots owned by the applicants. The Comprehensive Plan encourages the construction of higher densities in areas .. • • with central water and sewer, but recommends that structures be built with the appropriate engineering precautions in areas with geologic and/or steep slopes. "circumstances found to constitute a hardship were not caused by the appUcant..." The applicants bought the property after it had been legally subdivided and are following the variance process to allow them to build on the lots and conform with the zoning resolution requirements for such construction. IV. SJJGGESTED FINDINGS I. That the appUcation for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and pubUc notice was provided as required for the pubUc hearing before the Zoning Board of Adjustment. 3. That the lots in question were legally platted lots and as such are nonconforming lots as described in Section 5.04.05 of the Garfield County Zoning Resolution. 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION ,, APPROVAL, of the proposed variance requests subject to the following conditions: I. Requirement that all buildings will be subject to an engineered design for the foundation and drainage. 2. That the applicants deed an easement to lots 5 and 6 of Chalet-Village filing 3 for access and parking on the north side of the lots or amend the filing 3 plat to include the proposed roadway and parking areas, prior to the issuance of any building permits on lots 4 and 5 of filing 3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FROM: TO: DATE: RE: • • GARFIELD COUNTY Building and Planning MEMORANDUM MARKBEAN'(hOJJv~~ GARFIELD COUNTY BOARD OF ADJUSTMENT MEMBERS AUGUST 24, 1995 SEPTEMBER MEETING Just a reminder that there will be a Board of Adjustment meeting on the 25th of September, 1995, as we have one item on the agenda for a setback variance. Staff report and other information will follow approximately the week of September 18, 1995. Any questions, please call the office. Thank You. I 09 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 • • GARFIELD COUNTY September 1, 1995 Jeffrey & Stacy Ehlers 282 Home Place Glenwood Springs, CO 81601 RE: Variance Request Dear Jeffrey and Stacy: Building and Planning The application for Variances to Section 3.04.04; Section 3.04.05 and Section 3.04.06 of the Garfield County Zoning Resolution of 1984, as amended, has been scheduled for a public hearing before the Zoning Board of Adjustment on September 25, 1995, at 7:00 PM, in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested you or your authorized representative be in attendance. The enclosed public notice must be submitted to a newspaper of general circulation in the area,for publication one time, at least, 15 days prior to the hearing. You will need to 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 no less than five (5) days prior to the hearing. The proof of publication from the newspaper, certificates of mailing and return-receipts from the mailing will need to be available at the public hearing. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, 4~ Mark L. Bean, Director Building & Planning Department enclosures 109 8th Street, Suite 303 945-82121625-55711285-7972 Glenwood Springs, Colorado 81601 • • PUBLIC NOTICE TAKE NOTICE that JEFFREY H. & STACY R. EHLERS have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variances to Sections 3.04.04, 3.04.05 and 3.04.06 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: Chalet lots numbered one (I), two (2), four(4) and five(5) of Chalet Village No. 3, as the same appears on the plat filed as document no. 244652 of the records in the office of the Clerk and Recorder or Garfield County, Colorado. Practical Description: Located in West Glenwood Springs al the end of Mountain Shadows Drive in Chalet Village 3. Said Variance application is to allow for the placement of a single family dwellings on individual lots less than the minimum allowed by zoning, to allow setbacks less than the minimum allowed by zoning and to allow for lot coverage greater than that allowed by zoning. on the above-described property. All persons affected by the proposed Variance application are invited to appear and slate their views, protests or objections. If you can not appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections lo such Variance application request, as the Zoning Board of Adjustment will give consideration to the comments of surrounding properly owners and others affected in deciding whether to grant or deny the request for the Variance. This Variance application may be reviewed al the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hoursof9:00 a.m. and 12:00 p.m. and 1 :00 p.m. and 4:00 p.m., Monday through Friday. That a public hearing on the application has been set for the 25th day of September, 1995, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 30 I, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County " Ii 't-. ---- ~ < • ·o CHALEl' LOT /\/0 6 , J 60 C'(: ... 9 ~-, ·-1 I i CHALE 1· .:1\. £. 0 T /VO .5 ·~ .. ·1·l •,-.,,- ' /0-EAS -l"'?E /\ ·r s.s,·~;,,.. __ ;:!'., .. ,._ .. ·,. CH,,U.ET L.OT /\/0 / "4d000..S'f'// C,L~Ai. E 7-·,\ 1.i' LOT /\/L""J C' 1 /."4roo~r1' ·1 ~'60 J ~-­s 4,,·s?,r, 50 ,<;>::J4DWA V ·l ., ' • ---~--­,,,. .. , - C/f/lL,....: I /_ <-:i r . --va .-:.i- ·--------------.. 't .• ,··, ~ ~ .h/ILL 7 /. ,...,~·-/\. l) ~ •• • •• (> • ./'< ... co,qNER .rovNO • .Jo<~~'=N!.__:::A<~A=c~£=--------~~-"'~·~8"'-9•.57~ ~/~4'T'°0_.~Ct;>~-------~--~ I ' ' Cl-I/.\!. 1' 7 I I 1,-.1,. ' ,l) ,~ /,;:· 1V/, ... J...~,t_,r.:. I I I ,!.,/~·::.:. > ~ I '' ,[ ,, ·-.; 'I ' I~ I '""'. - ~~:,.:;._~-~·~:ii·i!:i.~i-;~i·:i1~i .. "i~i·:·i~i·';J;;rti!!!liiiiil•••11•••••111•11•111••:1=;·:::::=:=-=-=-====·=-=-==··=-=·====-=-=·=··=-=:-=·=-==-=-=·=-::-===== • • GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Meetinq #104 Members Present: Peter M. Cabrinha, Chairman Mary F. Odell, Secretary John W. Tripp Laverne Starbuck Velma Ragel Leo Jammaron Dr. Allan Bowles Marvin H. Wambolt Citizens Present: Dan Kerst Jephthah J. Spink Mr. & Mrs. Kenneth Wayne Duprey June 2~,_11_79 County Officials Present: W. C. Milner, Building Official Edward L. Feld, County Sanitarian Toni Sherwood, Recording Secretary The meeti nq was ca 11 ed to order at 3: 35 P. M. by Pete Cabri nha, Chairman. MOTION: Meeting #103. Laverne Starbuck made a motion for approval of the minutes for The motion was seconded by Dr. Allan Bowles. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None The first application to be heard was a request from Mr. Dan Kerst, attorney, representing the petitioner, Jephthah J, Spink. The request was for a variance to reduce the front yard and backyard setbacksrrom 25 feet each to 10 feet each, and side yard setbacks from 10 feet on each side to 4.5 feet on each side. The subject property is located at 0480 Mountain Shadows Drive -Chalet Villages -West Glenwood Springs, Colorado, being a lot 37 feet by 40 feet. The present zoning is Residential/ Limited/Urban Density. Mr. Kerst presented the Certified Return Receipts, and the Proof of Publication. He mentioned the Application explained the variance requests. Mr. Kerst stated Mr. Spink had been before the Board at the last meeting (see Meeting #104) request- ing a variance for Lot #2, which has since been changed to ask for a variance for Lot #6. Pete Cabrinha commented about the sever slope of the lot, but stated it apparently is within County specifications, noting the road will be a difficulty. Mr. Spink stated the road will only be used for about a year, stating Jim Minor has a 10 acre hill site he is trying to negotiate to buy and then would develor a road with less grade to it on this 10 acres, which will give access to the subject property. • • Mary Odell, not taking part in the Board vote but being a citizen, owner of Chalet Lot #1, asked Mr. Spink to show her on a map where he planned to put the road. Mr. Spink pointed out on the map where the proposed road will be. She further stated the map may show 50 feet between the two rows of Chalets, but it was measured by the Board prior to the meeting today, and is actually 39 feet 10 inches to the front doors across from each other. John Tripp stated he felt the hardship was not created by zoning but by lack of zoning. Pete Cabrinha stated we have to deal with what we have before us, and Mr. Spink is not at fault because he is subject to zoning that was imposed upon him. Laverne Starbuck made a motion that the variance be granted to allow the front yard and backyard setbacks from 25 feet each to 10 reet each, and the side yard setbacks from 10 feet on each side to 4.5 feet on each side. Dr. Allan Bowles seconded the motion. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None * * * * * At this point,~~. C. Milner requested approval to change the signature on the Public Notice from Pete Cabrinha to W. C. Milner, signing for the Board of Adjustment. Mary Odell made a motion that the name change request be granted. Leo Jammaron seconded the motion. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None * * * * * The second, and last application to be heard, was a request from Kenneth Wayne Duprey. His request was for a variance to allow the extension o"T-arion- conformi ng use, to expand the non-conforming use of a single story residence to two stories with an extension of two feet in a southeasterly direction toward Three Mile Creek for the addition of a deck included within the addition of the second story. Also, to expand the present non-conforming garage from 12 feet 3 inches to 15 feet on the northwesterly side toward the public road, approximately 20 feet long and 15 feet deep, which garage will then open onto the public road. Said variance request is due to the extreme narrowness of the lot, approximately 55 feet at the widest point. Present codes do not allow building within 25 feet of the public road nor 30 feet from Three Mile Creek. The subject lot is located at 1106 County Road 127 -Glenwood Springs, Colorado, and is zoned Residential/ Limited/Suburban Density, consisting of 0.16 acre. Mr. Duprey presented the Certified Return Receipts, and the Proof of Publica- tion. -2- ' • V/\JUl\NCE l\PPL1Cl\1'ION G/\J\FIELD COUN'l'Y ZONING DO/\JlD Ol' l\WUS'l'MEN'f PUrsuant to Section 9.05 of the Garfield county zoning Resolution .Jeffr,ey 1-1 • ., Sr-a.c.f R. £.h1us ~(-a-p~prlric-a~n~t~/ro-w_n_e_r_s-na-1~ne~)-'---'-"---"'---------·~-----~-~- request(s) Resolution a variance to sections :3.o4.o4 J 3.0'f.o5, 3.o<f. 0(,' 3.04.05 of the Garfield county Zoning nliri 1murn lot tLreit.J rtlLxjmµm to permit ~inglc fa.mi~ dwe.Jli~5 lot Co~UOJ!f .. l'llil'\iVl'U.L/'Y\ St:tbo..cJL J ) concerning ____________________ in the ft l-SD zone district. SUllMI'.l'fl\L RmUIREMEN'l'S: A. Sketch lll3p: showrng all improvements on the site, building sizes, locations, setbacks, and access points. B. Vicin.lty llk1p: showing general geographic location. c. Legal description of site -Copy of Deed of CMnership. D. Practical description of site -including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available through the /\ssessor.'s office) F. Where applicable: descriptions of domestic water source, sewage disposal, and other utility facilities. G. Plans and specifications for the proposal. II. · Narrative explaining why the variance is being requested. r. It should be demonstrated by the above information and statements that, • ••• where by reason of exceptional narrowness, shallowness or she~ of the specific piece of property at the time of enactment of t111s Ilesolution, or -by reason of exceptional topographic condition of such piece of property, or other extraordinary and exceptional Sltuat1on or condition of such piece of property, the strict applicat1on of any regulat10n enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) J. Subject to the above findings, the Board of Adjustment may authorize a variance provided: 9 .05 .03 (1 J: '!hat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): '!hat such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): '!hat the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; K. A:/250 fee must be submitted with the application. Pl\OCE!JU!ll\L RmUIREMEN'I'S: 1. Submit applications to the Garfield county Department of Building, Sanitation and Planning no later than the last Friday of the month in order to be included on the following month's agenda.' Regular meeting of the Zoning Board of Adjustment scheduled on the fourth ~hursday of each month. 2, You will receive, from the Planning Department, a "PUblic Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. Section 9.05.04.(1) 4. Notice by mailing (of the public notice form) shall be sent by certified return-receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. Section 9.05.04.(2) my knowledge, MllILING Al>DllEss: Z.87-Horru.. Place. Gltnwood 6py-in@:5 OD ftlPOI OWNER: PHONE -1~1=r-a~i~f~f-e-r-en_t_f~·r_o_m_ab~o-v-e~)--------------~ M/\ILING AD!JHESS: _____________________ _ \ \ ' -··\ .... ·., ... ·. \ . . . I .\ I I \ . .. \ ' r· ' . , '(" -· I ._,_ ' I ; ~: .',' .. , 1> [ '1: \ ,,, :·.· I <. • ~--:. ------------·-·----··-. ·-------~. ··- ··-.... ." ·-·-···---- · .. •. \ .1\ .• -1\-- \ \ I ; I \ : o_ I\\ .\.\ ' -· ·1·-·· \ ·' I i ·1 I ' ; I i ' \ I ' • .-·----· ... -·-·--·-:----------,.·:·--:·---------------7·.-----···----..----------- \ \ \ • I I \ \ \ : \ "' •, ! • I 1 I .,\. i \ \ I i \ \ ' \ \ " ' '· I \ \' ' .. ., ' " ' .. \ \ ·, ' . \ I ' . . \ -1 I I 1,,~f/, ~.oo· I l;jL{1(, (N ,fLCI',. I .. J ~-:-. '"' ·-.. -'-, c .. c ..... .. ·- ./, ' I \ ·-.......... . ~. \ \ I l I 1 Ii .f ·. y"' ' ··~, ..........._____ . . . ·-. \..,. ··--____ :· :,.._.....-....... :. ..,..__··.....,· .......,......-.;-· ·, ' \ '" \ ' \ '· ~.!' ' ' " \ . I • ... .. \ .. , Variance Application Garfield County Zoning Board of Adjustment Chalet Village 3 Lots 1, 2, 4, & 5 Jeff & Stacy Ehlers SUBMITTAL REQUIREMENTS; A. Sketch map -See exhibit "A" B. Vicinity map -See exhibit "A" C. Legal descriptions : Chalet lots numbered one(!), two (2), four (4), and five (5) of Chalet Village No. 3, as the same appears on the plat filed as document no. 244652 of the records in the office of the Clerk and Recorder of Garfield County, Colorado. (See exibit "B" for Deed) D. Practical description of site: The proposed variance is requested for four lots (I, 2, 4, & 5) in West Glenwood Springs located at the end of Mountain Shadows Drive in Chalet Village 3. E. Names and addresses of property owners adjacent to or within 200 ft of the site: Chalet Village 3 2119-343-18-003 -Giesing, Robert -472 Mountain Shadows Dr. GWS Chalet Village 2 2119-343-17-001 -Coffey, Kathleen Joy-464 Mountain Shadows Dr. GWS 2 I I 9-343-17-002 -Herring, Nancy Ceracche & Stanley D. -466 Mountain Shadows Dr. GWS 2 I 19-343-17-003 -Swanson, Robert W. & Loise -468 Mountain Shadows Dr. GWS 2119-343-17-004-Lubchenco, Thomas A. & Ruth E. -471 Mountain Shadows Dr. GWS 2119-343-17-005 -Snearly, Dale B. & Dorothy D. -473 Mountain Shadows Dr. GWS 2119-343-17-006-Wilson, Lynn A. -475 Mountain Shadows Dr. GWS Chalet Village I 2 I I 9-343-16-008 -Hughes, Kulin, Klein, Wright, Lockard, Schaub-Stevens -5033 Rd. 335 #56 New Casie, CO 81647 2119-343-16-006 -Lloyd, Cheryl -PO Box 664 GWS 2119-343-16-005 -Tomare, Rene -308 W. Hopkins, Aspen, CO 81611-1602 2 I I 9-343-19-023 -Mitchell Creek Homeowners Assoc. -c/o K. Weincek -123 Creekside Ct. GWS 2119-343-19-022-Fuller, Sally M. -2322 Blake Ave #2 GWS -0048 Creekside Ct. 21I9-343-00-005 -Emmons, Tom H. & Marjorie C. -PO Box I 917 -0425 133B Rd. GWS 2119-343-10-001 -Coffman, Douglas A. -377 Mountain Shadows Dr. GWS . ~ I F. Descriptions of utilities: All lots have access to central utilities. Water -City of Glenwood Springs Electricity -City of Glenwood Springs Natural Gas -KN Energy Sewage disposal -West Glenwood Sanitation G. Plans and specifications for the proposal: A sample house plan for the lots is included as Exhibit "C". H. Narrative explaining why variance is requested: • The specified lots were part ofa subdivision which was platted in 1969. Subsequent to that time the County enacted zoning resolutions which make it impossible to build on the lots as platted. When the county minimum lot area, maximum lot coverage, and minimum setback requirements are applied to these lots it makes it impossible to put a home on them. The county setback requirement creates lots of exceptional narrowness and exceptional shallowness that were buildable when they were platted. The minimum lot size and maximum lot coverage are impossible to acheive. Therefore, the strict application of the zoning resolution requirements would result in peculiar and exceptional hardship upon the owners of the property (i.e. previously platted and buildable lots have become worthless as buildable property). The lots that we are requesting the variances for represent the final four lots of the platted six lots in Chalet Village 3. Lots 3 and 6 were built on after the zoning resolutions were adopted. Therefore, zoning variances have already been granted for two of the six lots. The proposed building units represent additional housing units similar to the other fifteen that already exist within 300 feet of the proposed lots. These are some of the few inexpensive homes available in Glenwood Springs. • Variance Application Garfield County Zoning Board of Adjustment RE: Chalet Village 3 Lots 1, 2, 4, & 5 Jeff & Stacy Ehlers • Please add a variance request to Section 3.o'/.os to allow for floor area ratios ranging from approximately I.I&: I to IM: I for the above referenced lots. These ratios would be very similar to the existing ratios for homes in this and the other adjacent Chalet Village subdivisions. We are requesting front, back, and side setbacks as indicated in exhibit" ti". :,.:, '•. f I 1 I ' "'" ... -"" ._ ..... . r,i -}I( ---- ,u. "-· ~..: ... 1~~~. '1'1111 0•1111 ' -......... *Y 21, 1993 ~J .• llPtMk ...... "°"'" •• GAAP'lEU> ..... tt•tt of tol~Mo, et' tht flrtt ,_,, liPld JEF'l'REY ff. l!JllDIS and E1rN:.Y R, mLm!I tlh•• l ... l Mdf-ff• ,, 0500 MX.NrAJN SHADCM9 tlUV! . . GUN1«X:O smnm ro 11601 ef tM COl!ty •f G.\Rf'lf!O ll"ld lt•t• of totorldo, •f thti •HOnd ,.,.,, WITWf'ttttfl, TMt th• Nld ,..rty .o• tM flr•t ,.,.,, for Ind '" rOMldittltlll'I of tht ~ ., '****$18,000.00, f:lt.tlrtfl tllCIJtNIO DOllAtt MD OOt:OOtlll and.,,.,.,. fttod Wtd wtuablt eonafdff"•thw1 to the 11td ptrty of th• ftrtt s-rt In hrd Plld by tM utd ,.rttH •f tfM ••rMd pi1r1, tflt r-tctlrt W.t•nf I• ht~ tonftt111C1 '"td M:knowt~. hat trMtttd, bll"f''f'lld, Nld..,.. corMflid,. IP'llf "t thfft pr-tlat11"11& tto.1 tr9"1t, blt .. ln, ••II, Convt'( It'd tmfirw ..-ito ~ht ••Id P1rtlff of tttt NCONI ,...,, tfttlr heff't Ind 111ltn1-f1>t'tit't, l"IOt In tll'WIYV In tOlllllJIOf\ but In Joint t!~U lht foHowt,.. .. crlbld lit Of' ,.tell 9f llftlt, lvlNll lr'd belnt In tht · County of GNU'l:&D rd state of Colorldo, t• vft1 SEE mtIBIT "A" A'ITl\Oll'D HmE'ro lll«> M1\0E. A Pl\RI' llfMOF: •I•., •"'*" u 1trfft l'UtMr GlDa«XX> ~' 00 TOGCTNER 111lth •II 9P'lt •f~l•t th• h•rMlt-.nt• end IPPUl"tW*'tCff tfrtt>reto bl>longf,.., et tn ..,.,.,, .. -.. .·t1tntne .... ti'•• r•wrtfOl'I rd ,...,.f'1llON, ,...,,., and r.-lndrtrt, r11nt1, I••~ end profit• tMt110f; #.:fill tht Ht9tt:, rltht, tltlt lnt•t•st, e11l11 9nd ~ lllattwwt of tht 11td ptrty of the flrtt peort, elttt.r tn ltN or ..,tty,of1 fn N t• the ~ bart11Nd P" .. ltH, wl.th th• h1r«tlt..nt1 ·ltd _.,,.t9"19N:ff, TO MAYf All) TO ~D tht-••Id P" .. , •• ll ~ ber91fNd end ct.terlbM, with tht .,.,..,,.,9nlt!C .. , ""'the Mid p1rtlt1 of th• ••cord pi1rt, thf-lr h•tr1 and 1111 .. forewr, Md th .... utd pe'"tY of ttt. flrtt J111tt 1 for hl••Lf, hit Nff'I, Peevt .... , ~ .O.lnlttr1tora, dM9 cownrint, 1r11nt, bflr,.1n Ind.,,... to Ind wtth tM Nfd i:-ttl• of tM teevnd '°"'' their htlN 1f'ICI •••lf"ll., thlit tt th• tliw of tM tntNlfnti rd dlll¥9ry of th ... p!"Htntt, ht ft •ll Mfled of tht SW-'••...,. r~Yfd. 11.ef good, surt, ~rf1ct, 1blolutt lh:f lndtfntlblt 11t1t1 of frf11rtt~1, In IMf, '" flt lllf'lll, ll"d hal fOOd rl"'t, full JIOW"r lr'd lwful Mhorlty to 1r1nt, blrpfn, Mil It'd conwy th1 ._. In WNr end for11 11 1for ... td, ..:I thlt the • .., •• ,. f,.tt Ind cl•M frc. •II fo!"Mr ll"ld othtt 1rwit1, btrt1ln1, ••lH, 11.,., taic•, ••-...nt• n ...-... \.lllbr•nc" of Wh•t•....,. kind or Nhw• ~.!!!.1..- EXCfl"f GENml\L TAXES l\ND ASSr.,,,,..,um> Fa! 'l1IE YFAR 1993 l\ND SUBSmJl!NI' \'EMS NI> SllBJ1'X:'I' 'II'.) E!\Sl'Ml:'l"l'S, RE'ml\IATICllS, RESl'IUCTICllS, CXlll!Jwn'S l\ND IUGHI'S OF ii#.Y, IK OOSTmCE, IF ANY, . jJ · and th• abowd Mr91INd pr-e111ltt1 In tht quiet and p.ac.eble PM•H•lon of ••Iii ·Plrtl" of tM '1tctn1t pert, the IUf'VfYW ., th•, th•lr a111.,. ~th• helrt .-.d Mllp of tuth survl't'or, .,,1n1t all Md •Vlf'Y ~or pertene lMully cl•l•lre · or to cl•l111 th• wtiol• or .-iv pert th•r.of, th• t.r:l.1 pttrty t-f tht ffrtt P1r1. •h•ll end .,;11 WIA"T Me fOIMI H"'9. The . j =~:~ ~,. 1h1tt Intl~ thto plllf'tt, th• ptur•I t~ 1tnoul•r, and the UH of_,.. .• -. .. ~ thlill bl wllclblt t• tll j IN VlfNtSS VM£1£0F, thf. 1tld r:-rty of th• flrt.t pat't fl•• Mr.u\to ltt his h...:I Wd ... 1 thl dey..., ._..,.fir-it.._,. I .,,.1·'"'· l ' srAT( Of COlOltAOO t1K11ty of I .G\RFIEID ••· I 1996 To Joint T.,......t• GW1H98 ________ , _________ 11 .. ll May 21, 1993 EJ(hibi+ .. 1113 ~I .. ··· 1 p, t;l .., . . ·' .":' r .. ,, I I ··1.: ., '· I i .I I,·, I·: ., I· ' I ,. ' ······ ~ .. ··-. . . , "I.._~.··'·· < ;:'·{·, -883ttii381 IXHt8IT ,\ CHALET LOTS NUMlllR!D OHi (1), '!'lfO (2), POUR (4), AMO rtVI (S) or CHALET VILLAO! 110. 3, AS Tiii SAMI: APPIARll ON THI PLAT FILID AR DOCUMF.llT HO. 244652 or THI lllCORDI IN THI OPrICI or THE CLERIC Allt> Rlt:OP.D!ll 01 OARFI!t.D COUllTY, COLORADO• TOOETHF.R llI1'H A TRACT OF LAND SITUATE IN THE SOU'l'l!IAST 1/4 OP THI 8111/4 or P!CTION 34. TOWNSHIP s SOUTH, !\ANO! 89 W!S';' or THI SlXTH PRINCIPAL MERIDI\N llEINO DESCRIBED AS rOLLOWSI BEGINNING 1.T ·1'11E NOR7HWEST .:ORNER OF THlo: Sll/4 OF THE 8111/4 · OF SECTION 34 I 1'HtNCE SOUTHERLY ALONG THE llES.' LIN! OF THI SE1/4Slllf4, !!'1.14 f't£T; THENCE EAST, PARALLEi. TO THE NOR.'H LINE OF SAID S!l/48111/4, 150 FEET; THENCE NORTHERLY AND PARALLEL TO THE WEST LINE or EAID SE1/4SWlf4 TO THE NORTh LINE THEREOF: THENCE WEST ALONG THE NORTH LINE OF SAID SE1/4SW1/4 TO THE POINT .or BEGINNING. TOGl'THER WITH A TRACT OF LAND LOCATED IN THE SE1/4SW1/4, S!CTION 34, TOWNSHIP S SOUTH, RllNGE S9 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINriING AT A POINT WHENCE T>IE WITNESS CORNER·OF THE &OUTH l/4 CORNER SECTION 34 BEARS S. 63 DEGREES 45'38" E. 1130.95 FSET AND S. 0 DEGREES 06' E. 185.81 FEET; THENCE N. 0 DEGREES 06' W. 605.03 FEET TO NORTH LINE SE1/4SW1/4; THENCE S. 89 DEGREES 50' II, 150.0 FEETI THENCE S. 0 DEGREES 06' £, 682,10 FEET; THENCE N 62 DEGREES 36'07" E. 168.70 FEET TO THE POINT OF BE:lINNING. TOGETHf:R WITH A PARCEL OF LAND SITUATED IN THE SE1/4Slll/4 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING EASTERLY OF THE EASTERLY LINE OF CHALET VILLAGE NO. 3, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SE1/4SW1/41 THENCE N. 00 DEGREES 06'00" W. 603.86 FEET TO THE SOUTHWEST CORNER OF SAID CHALET VILLAGE; THENCE N. 89 DEGRf:ES 57'00" E. 140.00 FEET ALONG THE SOUTHERLY .LINE OF SAID CHALET VILLAGE TO THE SOUTHEAST CORNf:P or SAID CHALf:T VILLAGE THE TRUE POINT OF BEGINNING; THENCE N. 00 DEGREES 06'00" W. 135.00 FEET ALONG THE .EASTERLY LINE OF SAID CHALET VILLAGE TO THE NORTHEAST CORNER OF SAID CHALET VILLAGE; 'T'Hrnc-f: N'. PQ n-::r.pr:r~ lj7'00 11 F:. 10.00 Ff:ET; . . : '.;' '·.,· .. ,:· .•, "' '' ' ' . ·.• :~ .. 1 : ~ ... '.'.· ., .. " . ' ··.' :?::: . ...... · . •' "'~ '• .. ,., /·- -· '· . ..1-"- .) '• ""J, ;·· ·r .t• ' . ! ' .·;. i .. 1· '. "\ . I. '· : .... , .. '• .. i ., '· .. . I· o: . ... ,. ,,,, \· ... ._:, "'·· , . '··· llCHlltT A . . . 'l'lllt!ICI .1. oo Dtcltttl oe•oo• 1. l'.t.n.1.:.Ltt. 111T11 '1'111 t."lTlllLY t.tNK OF 8AlD CNAt.E'? Vtt.t.ACt tJS,00 F~l'l'I '1'111.MCI I, It OltOIU!:tl 57•oo• .. , 10.00 t~P:T ~'O NI IOU'l'llEAl'l' COllN!lt OF. BAIO .CNAt.IT VILLAt'~ THI 'l'llUI POlM'I' OP lllOlHlltllO. ALL JN THE COUNTY OP 01'.'IPllLO lilTATt OP' COLORADO ••• .--. . . +~ .. > '..·-t·, ... : \j~, '1 '· I, L " ' I I .,,, .. ,· '' ·; .. ,· .t I I ·.·.• . •'>' '.\ .. ·, . . ·.1 Citizen Linda Moore, an adjacent property owner, stated she was opposed to the requested variance. Mary Odell stated that a wider, shorter trailer would look better. Art Abplanalp read from the Zoning Resolution, and stated that the topography and shape of the mobile home should have been considered and also whether or not the lot would hold the mobile home. Mary Odell made a motion to deny the requested variance due to the County Attorney's statement. Laverne Starbuck seconded the motion. BOARD VOTE: FOR DENIAL: Pete Cabrinha, Mary Odell, and Laverne Starbuck. AGAINST: None ABSTAINED: John Tripp and Leo Jammaron * * * * * The ninth, and last application to be heard, was a request from Mr. John Schenk, attorney, representing the petitioner, Jephthah J. Spink. Their request was for a variance to allow the reduction of th~fronl-;-l:liiCK ano side setbacks. No specific dimensions were stated on the application. The subject property is located at 0470 Mountain Shadows Drive -Chalet Villages -West Glenwood Springs, Colorado, consisting of a 31 foot x 40 foot lot. The subject lot is zoned Residential/Limited/ Urban Density. Mr. Schenk presented the Proof of Publication and the Certified Return Receipts. For this hearing, Mary Odell had a conflict of interest and did not take part in the Board vote. Dr. Allan Bowles took her place. Mr. Schenk explained the lot problems. Mr. Spink stated that he knew when he bought the property there were going to be problems, but he was told by an architect/friend the lot could be made usable. He also had a study done by Eldorado Engineer. Mr. Spink stated he would hook-up with the West Glenwood Sanitation District and replace the sewer line. Citizen Dan Stell, an adjacent chalet owner, stated his objection toward Mr. Spink building on the lot due to the fact that at the present there already is a congestion problem and that there is only one fire hydrant to serve all of the chalets. He also stated that drainage is a real problem, too. He further pointed out the parking situation is al~Qoll!I!" problem . • 1.ifi.' .ii Citizen Ken Kieck, also an adjacent chalet owner, stated his concerns were the same as Mr. Stell 'sand noted the slope of Mr. Spink's property, with any reconstruction at all of the terrain, would create a worse drainage problem with sever flooding possibilities. Mr. Schenk stated there will be angled parking space~ and furthe~ that Mr. Spink will provide more parking spaces than are required. He sugaested that Mr. Stell and Mr. Kieck, along with the other chalet owners, form an improvements • -9-• district to take care of the problems they have now. He stated that the proposed building plans will be the only thing Mr. Spink can do to the lot. Citizen Mary Odell, also an adjacent chalet owner, stated there is definitely an acute drainage problem now, and questioned where Mr. Spink had purchased the property for the parking. Mr. Spink showed on the diagram where the parking will go and explained what types of grades there will be on the land. Citizen Cheryl Hammar, another chalet owner, expressed her concern that the area was already over crowded, and questioned the Eldorado Engineering study. Pete Cabrinha explained that the Board was formed only to alleviate hardships created by zoning. Mr. Schenk explained that it is up to the Building Department to make sure the retaining wall that will need to be built does not create any hazards to the surrounding property owners. W. C. Milner read from the Regulations that Mr. Spink cannot have a Building Permit on a lot with a 41% slope until a soils and foundation study prepared.by a Registered Surveyor are completed. Mr. Spink will have to have a site plan with drainage and revegetation plans prior to getting a Buildinq Permit, also. Dr. Bowles stated he would like to go look at the property. Art Abplanalp stated Mr. Spink will have five setback requirements, being front, rear, both sides, and height, with height being no more than 25 feet. The lot is entitled to a 1500 square foot, single family dwelling. Mary Odell questioned what the setback request is. Mr. Schenk showed her on the map. Mr. Abplanalp suggested to the Board that whether they grant or deny the application, he would suggest the applicant come back with a more complete set of variance requests. Pete Cabrinha stated he would like to see a good set of variance requests, also. Mr. Schenk stated that basically the side yard limits would be one and one- half feet on each side, the front yard limit would be five feet, the backyard limit would be 10 feet, and the height would be 18 feet 2\ inches. Mr. Spink stated the top of the roof is designed to be one and one-half feet above Cheryl Hammar's chalet to keep in uniformity with chalet #2. He stated there would be a 45% slope on the driveway. W. C. Milner suggested that maybe it is premature in coming before the Board, getting the cart in front of the horse, and that the engineering work might need to be done first. Discussion followed regarding concern over the retaining wall and the cut into the hill. Pete Cabrinha stated that the Board needs to know what the height request will be. • -10-• John Tri pp made a mo ti on to table the variance request in order for the Board members and County officials to make a site inspection of the lot, and for Mr. Spink to submit his specific variance requests. The meeting at the site was scheduled for one week later, Thursday, June 7th, at 2:00 P.M. Within this week, Mr. Spink would submit his specific variance requests. The motion was seconded by Laverne Starbuck. BOARD VOTE: FOR: Pete Cabrinha, John Tripp, Laverne Starbuck, Leo Jammaron, and Dr. Allan Bowles. AGAINST: None The meeting was adjourned at 6:25 P.M. • •