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HomeMy WebLinkAbout1.0 Application• • GARFIELD COUNTY Building and Planning July 29, 1997 C. Richard Haas and Priscilla C. Ketz P.O. Box 807 Glenwood Springs, CO 81602 Dear Richard and Priscilla- On Monday, May 28, 1997, the Garfield County Board of Adjustment granted your request for a variance to Section 5. 05. 02 -Minimum setback from a live stream. The Board granted your request with the recommendations contained in the letter from Stephen A. Down, Chen & Associates, dated July 22, 1985. A copy of this letter and all attachments are enclosed. Please contact this office if you have any questions or concerns. Sincerely, c:;.{~a~ Stella Archuleta Secretary to the Board of Adjustment 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 i •Complete lt~ms 1 anti'or 2 .ltlonal tervlcee. 'I •Complete Items 3, 4a, and I • Pflnt your name and addrees on the reverse of thle form ao that we can return this card to you. •Attach this fonn to the front of the mallpleoa, or on the baok If spaoe does not pe'"'1. • •Write•Retum RS<»lpt RBQUBSted" on the mallpfeoe below the article number. ti •The Relum Receipt will 1how to whom the artlde was delivered and the date Ii delivered. J 3. ;::;;,·~;~:4 cJ,er ~() (2.,o/( 3'l7 G ,ct:~oyi m 0 6 3o;s 4-8' PS F~-,,..,t\er 1994 · ~ Return Receipt a •Complete lt;me 1 andlor 2 .ltlonal aervtoes. I also wl.ecelve the "I • Compfele ltenw 3, 4a, and following ces (for an . I •Print your name and address on the reverie ofthlt form IO that we can retlKnthls extra fee): ~~-j •Attach this form to the front of the maHplece, 04" on the back 11 tpace doet not 1. D Addressee's Address permit. • •Wtlte"R61um Rsoelpt ReqUNted" on the manpleoe below the article number. 2. D Restricted Delivery Ii delivered. Consult postmaster for fee. ti •The Retum Receipt will allow to whom the artlde wa1 delivered and the date I I 3A~~ ;;:•se~o~ ~e-i-S p" ~{(;'"mis~ '7 {) /, I 4b. Service Type I I \ 1.-{ C<-wn-1-ui iRJ._ I 3 7 0 Registered l!'l"certlfled I O Express Mall 0 Insured { G len .,v e:> o J. .S p r1 f\ :3 s c...-0 0 Return Recelpttor Merchandise 0 COD -.-.~~,,.,-=:=~,,..,..,..~~-~-l_G_O~\-T.7~.D~a~l•~m.,,.,-,-.,...,.,..---=.,....,,~-,-...,.-i 5. Received By: (Print Name) 8. Addressee's Address (Only ff rsquastsd i l 6.Slg JI x PS Form 3811, Deco and too Is psld) f! eceipt i •Complete lt~ma 1 and/or ~1ona1 llefVlcea. "I •Compfeteheme3,4a, and.....,.,.-·- 1 •Print your name and addrne on the reveru ofthla form 10 that we can return this card to you. •Anach thla form to the front of the mallpleoe, or on the back ff space does not permit • •Wrlta"RBlum RsceJpl ReqllHtfld" on the mallpleoe below the article number. ti •Thi Return Receipt wlll lhow to whom the article was delivered and the dale I also w!Ai receive the followl~ces (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult poslmaster for fee. & dolivored. J 3. Article ressod to: f '])0-v ; J. :S. T <.M"-t l ~ 0 'J d.. b Co l.A('I t y Rel. f 3 7 Glcnvivotl C:,prin~s C,O 1?JioOI I Na!Tl6) sss or Agent) 4a. Article Number ? ;;. I b \ ~.;;<. 4b. Service Type D Registered li1J" Certified D Express Mall D Insured D Return Receipt for Merchandise D COD 8. Addressee's a •Complete 1t;m11 an<Uo.ltlonal MfVloea. I also wl~recelve the 'I •Complete ltemt 3, 4•, a followln ces (for an I • Prtri your name and add the reverte of thl• form eo that we can retum this extra fee . ~~-i •Ahoh thl1 lonn to the front of the mallpleoe, or on the back" IP808 does not 1. D Addressee's Address perrrll. • •Wrffe•R.wm RtKltllpt R«/""*<J• on the maDpleoe below the article number. 2. D Restrlcted Delivery ti •The Return Receipt wll show to whom the arUcle wa1 delvered and the date 1C Ii delivered. Consult postmaster for fee. 1 13. Article Addressed to: 4?':Ji bu~ ~ ? O '6 I. l Co()s+(J..f\( e... m. Gn.')e ler 4b.ServlceType j I I q 4-Co LM1 -\-" (<_J._ 1 '3 7 D Registered la' Certified . r D Express Mall D Insured j G \e..nwoocl Sp r1n5s C 0 D RetumReoelpt ,_se___;;;o;.....co_o_.l! """""'="""""'"'"""'='"~,--~g~/b_0~/~~7~.D~~:-.-.=--=.,-,,-~....,....,-l 5. Received By: (Print Name) 8. Addressee's Address (Only H requested i and fee Is paid) ~ i •Complete lt;ms 1 BM'or 2 .ltional 1erv1ce1. I also wl.ecelve the 'I •Complete tteme 3, 4a, and followlng ces (for an I •Print your name and 1.dd11t1a on the reverse oftNe fonn to that we can return thla extra fee): -w-j •Attach this tonn to the front of the mallpieoe, or on the back If apace does not 1. D Addressee's Address • permit. • •Wrlte"RBtum Reoefpt Requested' on the maffplece below the article number. 2. D Restricted Delivery ti •The Return Receipt will show to whom Iha article was delivered and the date I Ii delivered. Consult postmaster for fee. 1 3. Article Addressed to: 48. Article Number 12 .. v,, ... . . • , _ L. ~o1.. .~"'" "~~t&.::,:,i_:..:.'.::."'...:':..::;;l:...:::2=-.....!7:..=:o~1~ I V~ '-'"'-~ U\ .J . Service Type Qllf)wood._S'prin-:_)s 1 ~So\µfce flre•· D Registered l!tCertlfled B / 0 0 9 D Express Mall D Insured I!' f'O a-,< D Return Recelptlor Merchandse D COD g G { e.nwo o cl :Sp-fl~> C..O 'if I{,();).. 1-:1.~o-ate-lf=~,...,,:-v~-~-199-7-=----i lsf.iR~e;:;;i'.}:;~~;;;i::;;;"il;;;;;;t."'r-::Jil::===~~---te•.lAddr.<;l~re~ss;e;.e~·.;AddA.<<.r~e .. ~~«or.nJ.~~ff.,uBC/;;;;;UB;.S~lec/;;;;-i and fee Is paid) (:. Domestic Return Receipt I ·,,, GIUJ p 216 122 700 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall See reverse Sent to Post Office, Stale, & ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Oe&very Fee ~ 216 122 706 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Postage Certified Fee Special Delivery Fee Restricted Delivery Fee ~ Return Receipl Showing to ..... Whom & Date De~vered l AehKn toWMrn, $ I ._p r P• 216 122 709 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Senlto f,Lm GlwJS s /<£sc~f'lte Street & NuJllber 9 i'O t>6X (00 Post Office, State, & ZIP Code GI Poslage $ Certified Fee Special Delivery Fee Restricted Der.very Fee (1 = fl 216 122 707 ' US Postal Service Receipt for Certified Mall No Insurance Coverage Provided. Do not use for International Mail See reverse ~Ito ..0<>. \Ji ,1 bO) Postage $ Certified Fee /Io Special Delivery Fee J = $ :J, s - ------- - - - ---- - - - - - - - - - - - - - - - - ----- ----------------------------------- - - - - - p 216 122 705 ( Spedal Delivery Fee Restricted De&veiy Fee c p-216 122 708 us Postal Seivice Receipt for Certified Mall No Insurance Coverage Provided. Do not use for International Mail See reverse Soot to Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee ( <= • --·-·------·-··-···-·--·---···--·--·-.. ----------·--· **** U.S. f'DSTAl. SERVICE **** GLENWOOD SF'f(INGS 81601--9998 073708 32.00 COLEEN S # 0<' 05·-06-97 17:38:31 CUSTOMER HECEIPT 109 POST VAL IMP 12.60 ( $2. ~;~· >~ ~;) TOTAL CHECK 1101 '" CHANGE ~'** THANK YOU *** 12.60 12.60 .00 : • l • PUBUcllO'llCE TAKE NOTICE._ C. RICHMD HAAS 6 Pfl9Cll.LA c.KE"lf_..,,... ___ .,,_ ...... -"""""· -.. .,__, ..... Vmtlnet to Seic:IDI 5.0S.02 of .. Gartlald ~ __ .. ___ .. _ wllh "' toloWlg dlllCltlld PftlP9l'l1 ......, In .. c..n,d __ .. .___ L9gll D lpllDCL.A P#Cll d Imel In .. 9oulM9ll O.W OI .. NarbNll a.ter d SeClorl 25,. Town- • • --oo-. ... P .M., .-........ ., ~ -"*""9.: ~al: •. point In thl C9lltll' d .. °"'"' RDm. anQllll' COUit d'd elld pokt bllng 70S.11 flllt Eml m'll,f 2304.0 llet Sout, d thl NarlMIM-c:amrof Sec- tion 25: bnCe s. ... E. 13.3 fi!lllt .... N. sr4Z : E. 231.1 leet; thllnCe S.-89"48' E. ~ 308.AS .... to .. &II h d lht ~ Qum'9r of the ........ Quider d s.lol'I 25; thencl: Soul! . along Mid EMI IN d .. SDulMell O.W d .. .......... a-a of Slclkll'l 25, 227.4 ... Na Welt 538.28 Mt .... _ s. 5r4:t w. 187.2 .... ., .. cerMf' d .. eo.n,_ Ro.:! -.""" ~ _, P*t bllng1!25..5f8al E.1111: ... 2510.0 .... ~ d .. Ncd'IWllll ccmar d Sec:lorl 25; "8nolc ........ IJ *"'O: .... h d .. "* ... -. ...., 221.4 _ ..... _ .. _ EXCEl'TlNGn<EREFOAE,---., -t tAA,§!18 pue ~fl ti-=s@ • uodn P"llO!l!PUOO 8J8 SJ8llO ~-. "1:13A01dn3 AJ.INnll:IOddO 1vno3 ·t1i1~ oi xe1 JO ·ioios 00~$" -llU8(] '~eJllllOOJll 09S l 'S80Jl10S81:1 uew -nH 'ISOd ~ 8IU Ol lSQl81U! IO J9l181. JO ewnsei pues 'JllOll Jed 80'01$ '""!Ii>· . -J91U! '° OW!l 11' P9ll!lllqllS eq jSf1W lll\ll ''""""" 6ufii!lp po06 pue '100 sser.:> ,ii,.:. 9111111 isnn ,..._ Jed s~ep t/SJ•Oll/.9•, . ~!XOJ(ldv •ipl!q pue s6u!Jds pooM: 1 -uem 01 uO!IOU•r pue~ UJO•I SJediid- lluptel JOj ~ 'edois W8198M" ! Oql UO U0!19Jed0 UO!llllO~l!O Al!!linb. I JOO u!O! 01~'"'8W!l-1Jlld -ied. 6ullledo ' --ep JOj . 8ll!!IJ8WW! U'8 seq ISOd J8JIU8(] 8IU ·ewp-IJ'Sd 'Sl:l31\ll:IO ~1 '.OO!ll-i:96"' W!)4 -'IJO!lllUUOIU! J8lllJl1I JO:! ·µ::1-uon ._ J8d "'""'I Ot '8W!l"l":I '""""'"""' OOdH , llOncwlll 8IQIUllSUI 8Q PtlB esueotl S,JO • PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } SS. COUNTY OF GARFIELD . 28248 I, .................. .G.aJ;.y .... Oi.c.k.s.o.r.i ............................................ do solemnly swear that I am ....................... f.'.~.P.JJ .. $.b.~ .. +. ................................. of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and ·uninterruptedly in said County of Garfield for a period of more than fifty-t\vo consecutive weeks next prior to the first publication of the annexed legal notice or advertise. ment; that said newspaper has been admitted to the United States mails as second.class matter under the provisions of the Act of March 3. 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within 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 ....... L ..... consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated ........ :'..~.§Y .... ?. ................ AD., 19 .. ?.l .. ?. ... ., and the last publication of said notice was in the issue of said newspaper dated .. .t-1.a.)l .... 9. ........ AD .. 97 19 ........... .. ~~ ...................................................................................... . 2014 Grand Ave., Glenwood Springs, CO. 81601 • • • GARFIELD COUNTY May 1, 1997 C. Richard Haas Priscilla C. Ketz P.O. Box 807 Glenwood Springs, CO 81602 RE: Variance Request Dear Mr. Haas and Ms. Ketz: Building and Planning The application for variance to Section 5.05.02 of the Garfield County Zoning Resolution of 1984, as amended, has been scheduled for a public hearing before the Zoning Board of Adjustment on May 27, 1994, at 7:00 PM, in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is sµggested you or your authorized representative be in attendance. The public notice must be submitted by you to the Glenwood Post or other newspaper of general circulation 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 will be mailed by you, 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 must be available at the public hearing. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, ~~ Mark L. Bean, Director Building & Planning Depaitment enclosure 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 • • PUBLIC NOTICE TAKE NOTICE that C. RICHARD HAAS & PRISCILLA C. KETZ have applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant Variance to Section 5.05.02 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: See Attached Practical Description: Located approximately one (1) mile south of the 1-70/Canyon Creek intersection, off of County Road 13 7 Said Variance application is to allow for the reduction of the setback requirement from any live stream to 20 ft., rather than the than the 30 ft minimum required 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 of 8:30 a.m. and 5:00 p.m., Monday through Friday. That a public hearing on the application has been set for the 27th day of May, 1997, at the hour of 7:00 p.m., at the office of the Zoning Board of Adjustment, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado Planning Department Garfield County • • A Parcel of land in the Southwest Quarter of the Northwest Quarter of Section 25, Townshio 5 South, Range 90 West, 6th P.M., more particularly described as follows: Beginning at a point in the center of the County Road RS now constructed, said point being 706.11 feet East ann 2304.0 feet South of the Northwest corner of Section 25; thence S. 89°46' E. 13.3 feet; thence N. 57°42' E. 231.1 feet; thence s. 89°46' E. approximately 306.45 feet to the East line of the Southwest Quarter of the Northwest Quarter of Section 25; thence South along said East line of the Southwest Quarter of the Northwest Quarter of Section 25, 227.4 feet; thence West 538.28 feet; thence S. 57°42' W. 187.2 feet to the center of the County Road as now constructed, said point being 625.5 feet East and 2510.0 feet South of the Northwest corner of Section 25; thence Nor·cher ly along center line of said road approximately 221. ~ feet to che point of beginning. EXCEPTING ·rHEREFORE that portion conveyed to the County Commissioners of Garfield County, by Deed recorded August 19, 1~13, in Book 93 at Page 86 as Reception No. 47611 and EXCEPTING that portion conveyed to Dorothy S. Biery, by Deed recorded September JO, 1971 in Book 423 at Page 145 as Reception No. 251218. .. Chen 9\.ssociates 5080 Road 154 A Glenwood Sprlng'-'O 81601 3031945-7458 Casper Cheyenne Colorado Springs Denver Consutting Geo1echnical Engineers Mr. c. Richard Haas P.O. Box 807 Gle!M'.lOd Sprmgs, <X> 81601 Dear Mr. Haas: July 22, 1985 Rock Springs Salt Lake City Subject: Subsoil Study, Proposed Addition to Haas Resi- dence, 08~0 Road 137, Garfield County, Colorado. Job No. II 225 85 As you requested, we have performed a subsoil study for foundation design for the subject residence addition. The location of the proposed addition is shown on Figure 1. This report presents the recommended foundation type, allowable soil bearing pressure and other soil related design and construction considerations. Prooosed Construction: We understand that the addition will be single story wood frame attached to the existing building. Portions of the addition are proposed to extend over a relatively steep slope and be supported on columns. Loadings are exi;ected to be light, typical for this type construction. Structural wood floors above a crawl space are anticipated. If loadings or conditions are significantly different from those described, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions; The existing residence, reported to be about 20 years old, is located on the moderately steep to steep lower west valley side of canyon Creek. In the residence area, a relatively level bench about 20 to 25 feet in elevation above Canyon Creek appears to have been graded for the original construction. Elevation differential across the proposed addition area is about 8 feet. The southeast corner of the existing building (kitchen and small porch) partly overhangs the steep slope (60 to 70 percent grade) and is supported by wood posts bearing on spread footings placed on the i<teep slope. These spread footings were observed to be constructed near the ground surface, partly undermined, and founded on very moist to wet relatively soft soils. A kitchen drain overflow pipe has reportedly been allowed to outlet onto these soils for many years. The residence in this wet slope area has reportedly settled on the order of 2 to 3 inches. Vegetation on the steep slope east of the residence -/0- Hr. C. Richard Haa. July 22, 1985 • Page 2 consists of native weeds, brush, seedlings and to 2 foot diameter large deciduous trees. exposed boulders were also observed, several l 1/2 foot Several partly Subsurface Condit ions; The subsurface conditions at the site were evaluated by observation of 3 hand excavated pits on July 15, 1985. The approximate pit locations shown on Figure 1 correspond to the locations we staked during our June ll, 1985 site visit. The pits encountered 1 to 2 feet of prior excavation spoil, consisting of mixed silt, sand, gravel and topsoil above silty sand and gravel in Pits 1 and 2 and slightly gravelly sand and silt at Pit 3, Total depths were 3 feet, 4.5 feet and Ii feet, respectively for Pits 1, 2 and 3. The underlying silty sand and gravel in Pits 1 and 2 appeared medium dense and was moist. The slie,htly gravelly sand and silt in Pit 3 appeared soft to loose and was very moist to wet, Isolated high moisture in this area appeared to have been a result of the kitchen drain overflow pipe outletting on this part of the slope, Results of gradation tests performed on disturbed bulk samples obtained from near the bottom of the pits are shown on Figures 2 and 3. A summary of the laboratory test results is presented on Table I. Foundation Recommendations; Considering the subsurface conditions observed in the test pits and the proposed construction, spread footings placed on the natural soils may be used for support of the addition. Apparently, the soils are moisture sensitive or tend to settle when wetted and there is a relatively high risk that settlement of the addition could occur. Construction of a heavily reinforced box type foundation with relatively deep bearing level will reduce the risk. Isolated. sh al low pad foot in gs will have a much higher risk of differential related settlement distress. The potential settlement with respect to the existing building should be considered in the design. We recommend a qualified engineer be engaged to design the foundation and structural framing for the addition. Footings placed on the undisturbed natural granular soils may be designed for a maximum allowable bearing pressure of 2,000 psf, Spread footings should have a minimum footing dimension of 16 inches for walls and 24 inches for columns. Exterior footings should be provided with adequate soil cover above their bearing elevation for frost protection. Three feet as measured at the outer slope side should be adequate for frost protection. Continuous foundation walls should be reinforced top and bottom to span an unsupported length of at least 15 feet. Loose, soft -/I- Mr. C. Richard July 22, 1985 Page 3 • and existing wetted soils encountered within the foundation excavation should be removed and the footing bearing level extended down to firm natural granular subsoils. Boulders encountered within the footing excavation should be carefully removed to reduce disturbance of the subsoils and the resulting voids backfilled with concrete. Doweling into large boulders that extend above footing grade should also be feasible. We recommend footing excavations be observed by a representative of the soil engineer prior to concrete placement. Slope Considerations; Construction induced slope instability and undermining of the existing residence should not be allowed. Isolated foundation pad excavations should reduce the risk of construction induced slope instability. Caving of steeply cut temporary slopes should be anticipated. Temporary bracing of the excavation face and underpinning ~f the existing structure in the kitchen area may be needed. Surface runoff and water from drains should not be allowed to outlet above or on the steep slope near the residence. Revegetation of steep slopes should be performed to reduce erosion. Surface Drainage; The following drainage precautions should be observed during construction and maintained at all times after the addition has been completed; 1) Excessive wetting or drying of the found at ion excavation should be avoided during construction. 2) Foundation backfill should be moistened and compacted to at least 90$ of the maximum standard Proctor density. 3) The ground surface surrounding the exterior of the building (upslope) should be sloped to drain away from the foundation in all directions for a minimum distance of 10 feet. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. Limitations; This report has been prepared in accordance with generally accepted geotechnical engineering practices in this area for use by the client for design.purposes. The conclusions and recommendations submitted in this report are based upon the limited data obtained from the test pits excavated at the locations indicated on Figure 1. Variations in the soil conditions should be expected. If during construction, existing fill, soil, rock or water conditions appear to be different from those described herein, this office should be advised at once so re-evaluation of the recommendations may be made. It is possible -/")._-- Mr. C. Richard H~ July 22, 1985 • Page 4 • that the subsoils below those exposed in the shallow hand excavated pits or elsewhere at the site rnay change and rnay contradict the recommendations presented in this report. We recommend on-site observation of excavations and foundation bearing strata by a soil engineer. We also recommend that as part of the current work, remedial repair of the existing structure be performed. The design engineer should survey the proposed addition area to establish expected bearing elevations and locations. SAD/de Rev. By: Very truly yours, CHEN AND ASSOCIATES INC. -/.:5- • • Approximate Scale: ,-----1 I I I I I I ______ I I I I I I I I p:; I I I I I" = 60' Proposed Addition Pit 2 • I L __ I I I I I I I Existing Residence Kitchen I I I I I I ___ J L __ ------------------- I ??S:. Ai:. Approximate Crest of Steep Slope ............. ~ ...... ... Deck I Pit 3 • Steep Slope Fin. 1 • • chen and associates, inc. HYDROMETER ANAL V<;IS SIE\ti: ANAL VSIS l•Mf_ l!LACJtf'ICi.> CLE/\11 'iOIJA NIN• 24 t1R 1 H~ 4~ MIN l"i MIN ;;u •,111'1< T'i Mll\I J !AIN 1 M·N ·;'!)I) '"Hl ",() .. ll)'lll '11) ·a ·1 100 80 70 20 10 0 ( I ~ 2 019 U17 fJi~ 1J9 29i !")90 1 19 :' J8 .1 i& 19 I 38 I o.i;i l (j DIAMETER OF PARTICLE IN MILLIMETERS 20 30 80 "' 762 127 ~ u00 "' CLAY TO SIL f SAND GRAV(L 1-~ .... ,~,N~,,...~-r~~M~E~o~u~,.~,~...,,C~O~A~R~SE,.+-~..,,.,,-N~E....;;~.;;;;C~O-A_R_S_E~~COBBLES GRAVEL 41 SAND 30 % " Sll T AND CLAV 29 •1 LIQUID LIMIT PLASTICITY INDEX NP SAMPLE o• silty sand & gravel FROM Pit 1 at 1 to 3 feet HYDROMETEA ANAL YStS <;IF.VE ANALYSIS :=::::J f1ME READING~ lJ s STANDARD Sl:HiES GLE:AH ·~ouAnE OPE::Nl!KiS ·· 1 2'4HH 7HA 00 I I 1 I • 1 " 4!'iMIN1SMN 60MN 9MN MIN f.41' '200 • 100 ·so ·30 ·in ·•o . ,, ., ., •,'" ' z·· r s··s· .. 80 70 '° 30 20 10 0 ' ' 002 0 I 0 20 30 • 1 80 "' ' 00 000 OO'J 0>9 OJI 07• ... "' 500 119 ,,, '" 9!12 19 1 J6 I "' 127 2 0 041 20 152 DIAMETER OF PARTICLE IN MllllMETEAS ClA'f TO Sil T 1----,_-..,..;;"::;N~D::...---.,.-,,.-,,,,,.11--·-....;G;:;H:;;A;;,;V::';:'==.,....-+r.oentES FIN€ Mf()tUM <:OARS!:: 1 !NI c;OllH<;E GRAVEL 26 SAND 45 % SILT AND CLAY l10UIQ LIMIT PLASTICITY INDEX 29 " .. SAMPLE oF silty sand & gravel FROM Pit 2 at 2 - 4 feet • CA•2-19 • • chen and associates, inc. HYDROMETER ANALYSIS Slf\11= ANALYSIS 2<1 HR • '>MIN 100 90 80 0 0 J 2 0 0 ? ' l'lMIN "' ~•ME llf.ADIN<i'> ii', 1;r1""4IN 1<J Mir~ .i ·~•N I M'N 'llllJ • !!~) "")··II)" '0 "1tj "1(J .,. .,, ' I ' . ~ U05 ~,. "' 031 o;.a q(j ~'17 ~-90 119 '" n.v 2u ·1 it; ,,, ,., 38 I 16 2 127 2 DIAMETER OF PARTICLE IN Mlll.lfvtETEAS CLAY TO SitT SANO GRAVEL 1-~...,,~,,~. ~.~~ ... ;;;;~M::,,ED~l~U~M.,....,~c~o~.~.~s~,'4'-~-,~.~N~E~;:;;;.:.:;~c~o~.~.~S~E~-1coaeLES GRAVEL 8 SANO 49 .. SILT AND CLAY 43 .. .. •• UOUIO LIMIT SAMPI' sand & silt, slightly gravelly PLASTICITY INDEX FROM Pit 3 at 2' -4' HVOAOME TEA ANALYSIS SIEVE ANALYSIS ILM[ fl[Af)INGS 1, ~i STANl<ARf) Sff~;ES t:LEAR Sl)UAHE OPENINGS 'IQ 24HH 7HR 4-, MIN 1S MIN 60MIN 19 MIN 4 MIN 1 MIN '2<JO ·100 ·so ·•o ·30 '" .. ., ,_ .. '•" 1·." J 5"6' 00 90 80 10 " 30 20 IO 0 ' 1)19 "" 0;4 14!.I :.091 ·1 '"' "' '38 "' "' 191 38 I "' 127 ' 00 00> ''" ()(19 0·12 2 (J DIAMETER OF PARTICLE IN MILLIMETERS CLAY ro Sil T 1--------'-'~·~N~D:_ ______ ..j.. __ , _ _;;G~ll~Ar'~'~'----lcoenLES ME[)IUM <:oAnsc t !NE COAHSE ORAl/E:.l .. SAND SILT A.ND CLAY .. LIQ\JID LIMIT PLASTICITY INDEX .. SAMPLE OF FROM •• 0 I 0 20 "' 1 BO ' 00 0 I 0 20 30 1 80 90 I 00 "' I ."' "-.) ! .....,_,LOCATION PIT D£PTH (fEET) 1 1 - 3 2 2 - 4 3 2 - 4 . CHEN AND ASSOCIATES Job No. 4 225 85 TABLE SUMMARY OF LABORATORY TEST RESULTS NATURAL aAAOATION JIATURAL PERCENT ATTERIERG LHUTS UllfCOHFINEO MOISTURE DRY PASSING COMPRESSIVE SOIL OR CONTDIT De:NSITY eAAVEL SAND ""·zoo LIOUIO PLASTICITY STRENSTH IEOROCK TYN 1%1 (PCFI 1%1 1%1 SIEVE LIMIT ,_. (PSF) 1%1 1%1 4.7 41 30 29 NP silty sand & gravel 6.0 26 45 29 silty sand & gravel 21.5 8 49 43 li:)an"" ui .............. , sli2htly p;ravelly .J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ • • BOA 5/28/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Setback -Live Stream APPLICANT: LOCATIQN: SITE DATA: WATER/SEWER: ACCESS: EXISTING ZQNING: I. DESCRIPTION OF THE PROPOSAL Variance from Section 5.05.02 -Minimum C. Richard Haas and Priscilla C. Ketz A tract of land located within the SW 1/4 NWl/4 Section 25, T5S, R90W, located approximately 1.0 miles north ofl-70/Canyon Creek intersection, off of CR 137 (Canyon Creek). 5.70 acres Individual well and sewage disposal system CR 137 (Canyon Creek road) AIR/RD A. Site Description: The subject property is located in a narrow creek valley, north of the Canyon Creek/170 intersection. Improvements on the site include an existing single-family home and certain accessory structures. A vicinity map is attached on page_±_. B. Request: The applicant is requesting a variance from the required thirty (30) foot setback from a live stream to allow for an addition to the existing dwelling unit. The proposed variance would the place the east wall of the proposed addition approximately 22 feet horizontajjy from the high water mark of Canyon Creek. (See site plan and application pgs. ~ 17 ) -/- • • II. MAJOR ISSUES AND CONCERNS A. Zonjn~: Section 5.05.02, Live Streams states the following: "A setback of thirty (30) feet measured horizontally from and perpendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the definition thereof, with the exception of diversion facilities as an accessory to the approved use of the lot. B. Section 9.05.03 states that "by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of this resolution or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property," the Board may authorize a variance. In addition, the Board must also find that: 1. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; and 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; and 3. That the circumstances found to constitute a hardship was not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; and 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant. C. The proposed variance is from a regulation that was enacted in 1973 to prevent people from building to close to a stream and being subject to flooding. Subsequently, Garfield County adopted flood plain regulations to regulate the placement of structures in a flood plain. The identified flood plain elevation is approximately three (3) feet above the river bottom. The proposed structure will be approximately 20 ft. vertically above the creek. There is no reason to believe that there will be any flood impacts to the addition. The. applicant has submitted a geologic analysis of the property that indicates the proposed structure can be built with certain precautions being identified in the report. All recommendations of the soils engineer should be considered a condition of approval of the requested variance. -2-- • • IV. SUGGESTED FINDINGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION APPROVAL of the proposed variance as requested, subject to the new construction complying with the recommendations contained in a Jetter Stephen A. Down, Chen & Associates, dated July 22, 1985. -3~ I/ Vic:..-iYlit'/ me:t..p. Ou.r-propeA'I ;s. ''.Su.\,je_cA- • • VA1U /\MCE /\l'l'LlC:/\'J'J ON Gf\.HFl El ,(l COU!l'J'Y Y.UNJ ti<.; HOJ\HD 01'' /\l>JUG'l'l·U':tn• l'l.1tsuanl Lo Se<.:Lion 9.05 of lhe Garfield cuunly zoning Heoo l uti m1 C. _R\;J,,~,i. ___ t\ru.7>. __ QJ.lJ __ J'r.i~s.o; 1Ja. __ ~ __ J:( e.-t-2-_______ _ T<lppl 1 cant1 owners n<irnc) relJUe~;l(s) Hesululion ii V<lric1111...:c Lo !>ecl:ion _j£Q;,i:__Q~-------of llie Garfield county hor0:zon1,-~ I t<riJ.. ver+;c.iLI co11cet 11i 11g ~:l= .. .h&..c h.:i __ fi:...12.r(l._-'..Ci...a-'f-an..Lr.e.-":.L< L:o 1Jer11ii L: __ f\J_J !l!QLl__~~~j-.!Ll~ )l1!!!_1e.... __________________________ -----------.. -·------·----· 111 Llie ___ ------------zone dislricL • .SUllM 1 'l'l'/\I, HHJUJ Hl':l1Ell'l'S: A~--SkClCii-llnp:-Sfi()i./ilLg all improvemeuls on llie sile, bui ldi.11t.J sizes, locations, selhacks, and acce:3s poi11ls. B. Viciulty 111etp: t;\io1~l11tj ~Jelltnnl gco~1r.:1pldc Jocalion. c. J.egal dc:;cripllon of sile -Copy of ]}(~Cd of: 0.·1nership. ll. l'tacllcal lle~criplion of slle -JncluUlng a<ltlress. I~. nuruas and addresses of: properly owners acljacenl Lo or ~1ilhi11 200 fl. of lhe siLe (nvai.luble U1rouyli l ha i\sscssor 's of:ficc) J•'. Hllere apptical1le: dascripllous of Uou1cslic waler source, newage disposal, ant] olher 11tilily foci.lilies. G. Plans and specifi(.'allo11s for L11e proposal. 11 •. ll<lrrallve expl<:tinlnsi wily Llie v<1ria11ce is being ret]Uesled. I. IL fllioulcl be demonstrated by Llie above infor111alio11 and fllalement:s Lhal, R ••• wl1ere IJy reason of exceptional narrouness, slit:tlJowness or t.lid~ of the specific piece of propc:!rl:y at-iJie -IliliC-OfClliiClii1ent-(,r lii1SiteSOiii80/l, Oi by reason of exceptional LoL~~~~e.!!l~ :::~i~~~l~i~~~ of such piece of properly, or ~!:.!~~£_ ex~~~<i_~dl1~ry ~~~ ~~cep_!:_1~~!_ :3..!.~uat~!_I. ~f_ ~~!~.!:.!.<?~~of suvh piece of properly, the slr1cl appllcation of any re~ulat]on enacle<l under this resolution would result in peculiar and cxceplion<.d ht1tclsldp 111xi11 llie owner of such property". (Seclion 9.05.03) J. su\Jjecl Lo lhe c:1bovc findlll<JS, l11e Bo<1r:cl of l\.djustmcnt rnay authorize a varJance provided: 9.05.03 (I): 'Jlial Lile vctrictnce ~rilnled is Liie 111i.11im11m necessary lo alJeviale 8ii('.fi-[1l<1C[ical diffjcuJLies or tu1th1e h<ttdships U[XJll Lhe CJ1111er of EJaid properly; 9.0S.OJ ('..:!): 'Jh<il such relief 111<1y be yranled willioul substantial delrimcnl to Llie }1!..iilJlC-·l.JoOCfa11d wiU1ouL sulJ.slanliaJJy i111pairi11g Ille i11Le11t and purpose of llie general plan or Lllis resoluLi011; 9.U5.0.J (3): 'Jlial l.lie clrcu11i.sL.:111ces fou11cl lo conulilule a linrlh>liip were not caused by Tr1C--iiiJp11Ca.nl, are nol due L.o or Liie result of yeneral cond1LJons in lhe dislricl, an(l cannol he prac:ticul ly corrected; K. l\.~250 fee 111t1sl be nul1rnilled 11il11 llie <1pplicctl ioo. l'HCCEIJUH/\T. Hl;x.JUJ nr·:t·ff:fl'l'S: 1-.~Slifli1ilE-aJ.Jpfft:TitfOl1S ilo the Gc1rr~eld county t>eparlrncnl. of llt1i1ding, Sanllation and Planning 110 Jaler L11n11 lhe ];:1~-;l Fr11lay of Llie monlh in order to be included on llie following 111unlh's a~1entla." Hegular 111celing of Lhe zo1li11y Uoard of /\djuslmenl sclicc111led 011 llie fuu1.lh 'J1iun_;llay of each mo11L11. 2. 'r'oll will receive, f1orn l11e l'lc11111l11g JX!partrnc11t, a "l'llh.lic llolice Form" indicating Liie t.iuie a11L1 dale of your liec:u:iny. 3. fk)Lice by publicalion (of lhe public notice form) slicdl he given once in a newspaper of general cltcttliltion Jn llial rorllon of Uie county 111 which l.lle subject properly is localeLl 1 al le<i!.il fiflcen (1!'>) days prjor Lo llic rla.le of LJ1e pub.lie l1eari11g, a11d proof of pulll icc1Lit111 shall Ile preseulcd al l11e hecir:1ng by Lile applicant. Sectio11 9.05.01. (I) 4. lklli(.'e hy llli.liling (of L.11e public nolicu fo11n) st.al.I lie sent by cerlified relurn-·l'eceipl. mail lo all owners of <lll properly 1~jLtiln two hundred (200) feet of lite subjecl propcily ;:1l least five (5) days prJor lo lhe hearing, and lhe return receipls sliowinsi receipl of notice shall be presented al lhe hearing by Lhe appl i r.:c.u1l, U11less llie applicant is <.1lJle Lo ol11erwisc sl1ow evidence of adequate nolice to such owners. Seel.ion 9.05.04. (2) '111e uliove and aLLacl1eL~.(l2~4~!:/:t{h;;~~-"l ac~~:ale ~-~-~~~:-l of my knowJedge. l _j},, ;c' __ J?L"-'._~,.:1f, L-__ ---.----s~t~1~~r c1pp11c<n1[~~11er / . l(e--l"Z-hl'l'l.JCAllJ",.£,_B,j_J•~-LJ .. Ji,,_,., ,._B,:,.;,,[(.._f.:._ _ _Pr10111·; __ 'L'l;l__:_.12_k£._!_ __ MW. ll IG MlllU·:SS '__f'_Q_ [',£ "-----~ f'.7,-. GfertedQQJ. . .Sp.c~H':):i_Y 0 _'§_Jj,_ 0 ;;J__ CJ.·INEH: l'l!Otll·~ Ti r·-u1rrereot-r.ro11ia1_;0-vc )---------·-------·-·-------- HAT 1.1 NG Allf>ltgss: -------------:: s:----·--------------- • • ATTACHMENTS TO VARIANCE REQUEST Haas/Ketz April 29, 1997 Submittal Requirements: A. site Plan, drawing 1 of 4, attached. B. Vicinity map attached. c. Legal description and deed attached. D. Practical description: 0840 County Road 137, Canyon Creek E. Neighboring property owners: To the north: Jack and Patricia Fletcher 0866 County Road 137 Glenwood Springs CO 81601 To the east: Mailing address: PO Box 317 Gideon MO 63848 Bureau of Land Management To the south: David J. Turtle 0726 County Road 137 Glenwood Springs co 81601 To the west, across Road 137: Andrew Bowers 1114 County Road 137 Glenwood Springs co 81601 Constance M. Engeler 1194 County Road 137 Glenwood Springs co 81601 F. Location of utility facilities: Included in attached Site Plan 1 of 4. G. Plans and specifications: Included in drawings 1, 2, 3, and 4 of 4. The existing kitchen is approximately 22' horizontally from the creek and 20' vertically above the creek. The new kitchen and bedroom/laundry expansion will be approximately 20' from the creek horizontally and will maintain the present elevation above the creek. H. our reason for requesting the variance is that expansion toward the creek is the only practical way to: • • -replace the existing kitchen because it has inadequate foundation and plumbing. It has settled out of level since the original owner built it. -expand the bedroom area to include a bath tub, a laundry area with washer and dryer, and an additional water closet and sink. The house presently has only one 3/4 bath and no laundry facility. I. The strict application of section 5.05.02 would result in peculiar and exceptional hardship because: our hillside building site is exceptionally steep and narrow, limiting expansion options. The existing bedroom and kitchen are on the side of the house facing the creek. Our only reasonable option for expansion is toward the river. If our variance application is denied, we would be faced with tearing down the entire residence and rebuilding into the hillside. This would have a more invasive impact on the environment and would present too severe a financial hardship for us to proceed. J. we respectfully request a variance in accordance with the following sections of the Garfield County Zoning Resolution: Section 9.05.03 (1): Such variance would alleviate practical difficulties of unevenness and inadequate drainage from the kitchen which has settled, and would allow us the basic comforts of a bath tub, second lavatory and water closet, and laundry facilities in the house. These are not luxury items; rather they are components of most basic homes, and our intent is simply to bring our home up to a basic level of comfort and adequate plumbing. section 9.05.03 (2): There would be no detriment to the public good nor would there be impairment of requirements designed to avoid building construction in a flood plain. The property has been found not to be in a 100 year flood plain per the attached Improvement Location Certificate. Further, Chen & Associates conducted an on-site soil study, copy attached, and determined that conditions would permit expansion toward the river._The area is stabilized with large mature cottonwoods, scrub oak, and ground cover, most of which will remain. Nevertheless, retaining walls are included in our plans to terrace the hillside in order to maintain stability and prevent any future erosion. section 9.05.03 (3): The circumstances which would prelude our building away from the river without financial hardship are topographical, not caused by us. They are not due to nor the result of general conditions in the district, but rather from the particular lay of the land constituting our property, and they cannot be practically corrected in any other fashion. K. our $250 fee is enclosed. -1- • • /;'_i Rl'corded at --L-~--o'clock £. FEB 1 ti 1993 18 --854nc 8;)0 Reception No. tll]l!,2J~ )?yi,t=C ~""°''" RECORDER FEB 1 6 1993 GARFIELD KNOW ALL MEN BY THESE PRESENTS THAT C. RICHARD HAAS and l'RISC1LLA C. KETZ, formet·ly known as Priscilla K. Shine First Porty P.O. Box 807 P.O. Box or Street Address Glenwood Springs, co City State 81602 Zip • [l a Colorado Corporation Cl a Partnership 0 a limited Pdrtnership e Doc. Fee for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to C. HICllAHH HAAS and PHfSCILLA C. KETZ Second Party P.O. Ho:x 807 P.O. Box or Street Address GJcnwood Springs, co City State 81602 Zip • 0 individually [_] joint tenancy Kl tcrnmcy in common []a Colorado Co1poration [] a Pdrtnership [J a limited P.irtnership the following descrilJed property in the County of --~G~a~r~f~i~e~l~d~----and State of Colorado: A parcel of land in tht! sw!~NW\ of Section 25, T. 5 S., IL 90 W., 6th P.H., more pi.ll"tlcularly descri.bed as follows: Beg1nn1ng at a point lti the center of the County Road as now constructed, said point beJng 706.ll feet East and 2304.0 feet South of the northwest corner of said Section; 1.:hencco S. 89°116' E. 13.3 feet; t!tence N. 57°42' E. 231.1 feet; thence S. 89°116 1 E. lo tin; E<-1st ]Jne of sald SW\NW!~; thence South along said East line 227.4 feet; thence Wes1.: 538.28 feet; thence S. 57°42' W. 187.2 feet to the center of said County Hoad, said point being 625.5 feet East and 2510.0 feet South of tlie no1·thwcst corner nf said Section; thenc0 northerly along tl10 centet· ]Jne of said County Road to the Point of Beginning, EXCEPTING TllERE1"ROM those portions conveyed by deeds recorded 1n lhe office of LhiJ Clerk and Recorder of said county as Rec. No. 47611 jn Book 93 at Page 86 thereof and as Rec. No. 251218 jn Book 423 at Page 145 thereof, with all its appurtenances. 4 (NO STATE DOCUMENTAI<Y FEI<: REQUIRED -deed given to correct the description of the prop- erty described in deeds l·ecorded in the office of the Clerk and Recorder of said county as Rec. No. (86842 ctnd l_<cc. No. l136729.) SIGNEDthis_l_i_2_dayof J :/1.'it-)(.!11 ,A.D.19--2]__. I 0 ). ,,."1.<."T''")._,1,._,..J (-~ re·( l_t'( -( 1n •:)_ .c f\l•.fl".JC:. _,., vf '1<1 :0.(-~n, ... ) ""'"'e ~--,_,.,.,,-•; c.ht•-1'.'t'--_ -lo-l. . .>n<-fll y ---,,, l ('111rH<•1\ . STllTE OF COLORllDO COUNTY OF GARFIELD '-~;~,, L& Priscilla C. l'rlscil la K. C. Richard Haas C. '1~ Ketz, fOll{;rl y Shine known as The foregoing instrurnent was acknowledged before me this ' I 1 !. day of "/~_._/~, ~· '~'L' ~;L\ LP-'~/--- 19 ...2L Liy C. Richard Haas and Priscilla C. Kctz, formerly known as PrJscilla K. Shine. Witness my ha'i1d and qfficial seal. My co_n1rn·i~~ion oxp!ri::s: ./ {_· .. '_,I· 'I~ ( SHEL TON -Form 2 -B- • IMPROVEMENT LOCATION 0840 COUNI'Y ROAD 137 , l'1t!Nl'\ ''I' \;l\llFll·.l,IJ !i'r/\'l'I: lll-('<Jl,<1UAlHJ • CE RT IF I CATE GLl!N--x::DD SPHINC',S, \ !'tewart Title t9101927l !Ju.as Acct. /'I/I/' •.'/, " \; !'ft.RC (I ,_,..,, "'''Ir ~f' -J'l9•1'1lf " " ' [\ " " ~ "I " i ' > ,, ,.,L, ti "' NORTH J": 100' NO!'E: Till$ PROPEH'J'Y DOES NOi' «'ALL WIT!lIN ANY 100 YEAf FLOOD,f(N,11 · Mesa National '._/lEnAEBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICAT WAS p Eo FOR ua k , THAT IT 15 NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, Af.10 THAT IT IS NOT TO BE RELIED UPON FOR Ttl[ ESTABLISHMENT Of fENCE, BUILDINQ, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON TfllS OATflO/l/91 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES Of THE PARCEL, EXCEPT AS SHOWN, 1'HAT TtlERE ARE NO ENCROACHMENTS UPON THE OESCRleEo PREMISES 6Y lMf'fl0Yf.MENTS ON ANY AOJOIN!NG PREMISES, EXCEPT AS INDICATED, ANO THAT THERE IS NO EVIDENCE OR SIGN OF ANY EASEMENT CROSSINQ OR 8URDENING ANY PART OF SAIO PARCEL, EXCEPT AS NOTED. e .:z.. fOUND PIN DRAWN ev, RE\llSION• LJ.,, KENNET'H L GLENN SURVEYIT l-'AX 241-4847 ~by GLENN AT SURV J< .e-. DATE DflAWN 1 K .c-. SCALE• -9- RLS.12770 MA.ILINO• 2004 NORTH 12 th. SUITE 7 iRAND JUNCTION, CO. 81~01 J ()-1-'I I J ,, = I 00 I . ----"" - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - ---:.-:.-.. ····---·-··-··--· --·~ ----------··-··· . ---· ----· . -------......... ····--··· • V/\JUllNCJ> llPPJ,lCll'.l'ION GAflFI ELD COUN'l'Y ZON HlG llOl\llD Ol' llDJ USTMEN'f PUrsuant to Section 9.05 of the Garfield county zoning request(s) Resolution _::S,_..,u0"-'5~-"-'-'0"-"'02""'-----of the Garfield county Zoning concerning hol'i2on+c'""I MJ.. ver+:c.._I .se+ bAAks f;..-0 m c,, oyan Cr-eed,< to permit tt.tllif;po ±o e.xls+w:1 home.. in -'-'--="-------------------the zone district. ---------~ SUllMI'.l'fl\L RE)JUIREMEN'l'S: . /\, Sketch nap: showrng all improvements on the site, building sizes, locations, setbacks, and access points. , B. Vicin.lty map: showing general geographic location. · c, Legal description of site -copy of IJeed of ownership. D. Practical description of site -including address. E. Names and addresses of property owners adjacent to or (available through the l\ssessor 's office) F. Where applicable: descriptions of domestic water source, utility facilities. G. Plans and specifications for the proposal. 11. · Narrative explaining why the variance is being requested. within 200 ft. of the site sewage disposal, and other I. It should be demonstrated by the above information and i;tatements that, • ••• where by reason of exceptional narrowness, shallowness or sh<~ of the specific piece of property at the time of enactment of tins Ilesolution, ill: by reason of exceptional topographic ~~ndition of such piece of property, or other extraordinary and exceptional situation or condition of such piece of property, the strict applicat1on of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) J. Subject to the above findings, the Board of lldjustment may authorize a variance provided: 9 .05.03 (1): '.!hat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property: 9 .05.03 (2): '!hat such relief 1nay be granted without substantial detriment to the publlc 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. /\:)250 fee must be submitted with the application. / PHOCEDUJl/\L HE)JUIHEMEN'l'S: 1. Submit applications to the Garfield county Department of Building, Sanitation and Planning no later than the last l'riday of the nonth in order to be included on the following non th' s agenda.· Hegular meeting of the Zoning Board of Adjustment scheduled on the fourth '.lhursday of each month. 2. You will receive, from the Planning Department, a "PUblic Notice Form" indicating the time and date of your hearing. 3, Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant, Section 9.05.04. (l) 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) 'lhe above and attached i~~~::i9n is ,c3q1ect and accurate to the best of my knowledge, ~dMLVO) (sgnat\iresofapplican~wner) K e.---t--i-- /\P PL I c/\N'l': t. R i c:.h i:v J /-llliu+Pn'sC.:..j/,. C-. PllONE ql{S"-C?66 I MAILING /\DDHESS: fO Box 807 1 Glenwood Spc~O:js C..0 '6//,0;;;L CMNEH: PllONg ~(~l~f-d~i~f~f~e-r-en~t,_...,f~-r-o_m_ab_,_o_v_e~)~~~~-...: -~-~~~~~~- MAILING /\DDHESS: -~--~--~------~---~~-~~-~ -----------------------------------• ATTACHMENTS TO VARIANCE REQUEST Submittal Requirements: Haas/Ketz A. Site Plan, drawing 1 of 4, attached. B. Vicinity map attached. C. Legal description and deed attached. • April 29, 1997 D. Practical description: 0840 County Road 137, Canyon Creek E. Neighboring property owners: To the north: Jack and Patricia Fletcher 0866 County Road 137 Glenwood Springs CO 81601 To the east: To the south: Mailing address: PO Box 317 Gideon MO 63848 -0::!17 Bureau of Land Management, David J. Turtle 0726 County Road 137 Glenwood springs co 81601 To the west, across Road 137: Andrew Bowers 1114 County Road 137 Glenwood Springs co 81601 Constance M. Engeler 1194 County Road 137 Glenwood Springs co 81601 Gle(lwoo£l Spr;n.5s Resov..-v-ce, AreA. r 0 e:,ox too'\ G lE!.f\v..100J..Spr'in~s CO 'iS' J{,o.;i_ F. Location of utility facilities: Included in attached Site Plan 1 of 4. G. Plans and specifications: Included in drawings 1, 2, 3, and 4 of 4. The existing kitchen is approximately 22' horizontally from the creek and 20' vertically ·above the creek. The new kitchen and bedroom/laundry expansion will be approximately 20' from the creek horizontally and will maintain the present elevation above the creek. H. our reason for requesting the variance is that expansion toward the creek is the only practical way to: ,.,z _;: .-"'"' •• '" ~z ·-0 ,., • --,,, .... •• •N 9g, ,0 ~· "<' • --"'"' •• "" s·a ,. •• "'" .-.,,':!' •• .. ~~ .. +- ' I -., -- --, _.J___ I I I 1, I 11 ). : ' Recorded at '1 i o'clock Reception No. JS57G'1 THISDEED, Madethis 14th dayof September 19 84 ,between HAROLD M. SCHAIBLY and FRANCES G. SCHAIBLY SOOK er. Countyof Garfield GARFIELD I 'l· .. ne SEP 1 4 198a I -.:r· . State Do~~e~ '1 -1 of the and State of q~ ~, ~--...... --Colorado, of the first part, and C. RICHARD HAAS and PRISCILLA K. SHINE whoselegaladdressis 0840 County Road 137, Glenwood Springs of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration DOVQl~~ to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A Parcel of land in the Southwest Quarter of Section 25, Township 5 P.M., more particularly described Quarter of the Northwest South, Range 90 West, 6th as follows: Beginning at a point in the center of the County Road as now constructed, said point being 706.ll feet East and 2304.0 feet South of the Northwest corner of Section 25; thence s. 89°46' E. 13.3 feet; thence N. 57°42' E. 231.l feet; thence s. 89°46' E. approximately 306.45 feet to the East line of the Southwest Quarter of the Northwest Quarter of Section 25; thence South along said East line of the Southwest Quarter of the Northwest Quarter of Section 25, 227.4 feet; thence West 538.28 feet; thence s. 57°42' w. 187.2 feet to the center of the County Road as now constructed, said point being 625.5 feet East and 2510.0 feet South of the Northwest corner of Section 25; thence Northerly along center line of said road approximately 221.4 feet to che point of beginning. ~--"'?a ,t-tf_ . EXCEPTING ·rHEREFORE that portion conveyed to the County Commissioners of Garfield County, by Deed recorded August 19, 1913, in Book 93 at Page 86 as Reception No. 47611 and EXCEPTING that portion conveyed to Dorothy S. Biery, by Deed recorded September 30, 1971 in Book 423 at Page 145 as Reception No. 251218. c I ' I ' ,, .-:--·· 11 also known as street and number ii I I ! TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper· taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. $ 768~ ~;;;DEEB-ToJolnt T•"'""· -B"df"d PubH•hi•• Co., 1846 Stout 81'.,t, D•nv.,, Colmdo <678·6011)-"" I 'I 0 z BOOK 656 rtGE815 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the aaid parties oft.ft sepond part, their heirs and assigns forever. And the said parties of the first part, for them- selves 1 /w'eit~rs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the en sealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, excepting, however, 1984 general property taxes and specia"i assessments due and payable in 1985; and United States patent reservations and exceptions of record and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part have hereunto set their hands and seal S the day and year first above written. ~--""'- ,. ,,111111,,,, "\I ' • '11, ,. •'' ·,!, \... ··'1/1-,'',,, "" ········· (,, ,,,, $1~;~, s:.~aled·~~~i)~Hvered in the Presence of · ~'f/\/<'i "*' ,\. . . ·. ' .- ;1 I ..... ; ' . \ . ,, ,._ .......... \', / .: 0 F t -' . '"' ·.'.""""'"'" STA'l'EOFCOLORADO, . ·····~--··--·~··· County of Garfield } SS. The foregoing instrument was acknowledged before me this [SEAL] SEAL] _,,,_:f fl&i~-x'"""'Q.,y=--);..,:,Ai*..-j .... 0"""~ !i'-""J£<=--'--: '--<[SEAL] FRJ\NCEs--cr:-scHA~ J"'"" day of Septerri::>er, 19 84 , by Harold M. Schaibly and Frances My commission expires G. , 19 Schaibly If . Witness my hand and official seal. My Commission Expires March 1, 1981. Notary Address: . (). 7 -d ~ .. <::._) ~~ 0 ,_ u ·-'_:., 9 ~ ~ !!:! ~ \J u. ] l ~ ~ ~ ~ ,; • ~ ~ ~ • • "' & • "' .., ! .!: ·~ 0 ~ ~ ~ 'O ~ -u r.:i s:: ~ ~ ro c .;:. 0 • r.:i >< 'O E = z '*"" r·, >< ...:i s:: r.:i .., c • -1? 0 = ! ' . o~ ...:i Ill ro :z: ~ .., 0 Cl ~ c "' 8\~ ~~ Ill H H < ~ &'. ... >i < H ~ ti) :i: <>: .5 • ;; ' ~ u "' In ~· ~z .:i: ~ ti) 0 ... • :!l p.. • ~ i ~ ' ' :i: CJ 0 ~ 0 :a • ~ ff.1 : z~ 0 w ~ CJ ti) E-< :i: .. ~ ~ c i~1 u ~ ~ • <~ ti) ~ ""' c • E • 0 5 .c • ~~ 0 ~ u .. $ . t.!> p:; .:: l'1 u la • ~ ::;;: .:i: ...:i ~ 0 ~ ~ E-< t • ti) :i: ...:i t: .. .. j . J < ] ""' 3 < 0 r.:i u H !ii • E . " ...:i u H u u c ., :s • -"' ~ ~ ~ p:; ti) .. ·-• ~. ~ .c i: 1i e = H ~ 0 0 ~ "--~ p:; -~ z • u 'O z ·; "'Qi ~' :i: "" CJ "" .c • 1 ..§ .., j • :!l ~ ~~ . -~ iO' .. c .e .., 1il Ill ti; Ill ~ ell • • ~ o'clock b.. FEB 1 .993 •-----~R·~~~P~tio~n~N~o-:...:::::4:4:=4~2~1~2:'.::::j)?~~e~·~u:zl.~~(l~=g~.u~Q..,~.~"'lil:::_:R:•c:or:d•:r·~ ........... ~...--· -# RECORDER Recorded at ~ f}j)~ r FEB 16 1993 GARFIELD eooc. Fee KNOW ALL MEN BY THESE PRESENTS THAT C. RICHARD HAAS and PRISCILLA C. KETZ, formerly known as Priscilla K. Shine First Party P.O. Box 807 P.O. Box or Street Address Glenwood Springs, co City State 81602 Zip ' * D a Colorado Corporation D a Partnership D a Limited Partnership for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to C. RICHARD HAAS and PRISCILLA C. KETZ • D individually 0 joint tenancy Second Party P.O. Box 807 P.O. Box or Street Address Kl tenancy in common Glenwo?d Springs, CO 81602 D a Colorado Corporation D a Partnership City State Zip D a Limited Partnership the following described property in the County of --=Ga=.r=.f:i:::.e=:ld~----and State of Colorado: A parcel of land in the SWl,;NWli; of Section 25, T. 5 S., R. 90 W., 6th P.M., more particularly described as follows: Beginning at a point in the center of the County Road as now constructed, said point being 706.11 feet East and 2304.0 feet South of the northwest corner of said Section; thence S. 89°46' E. 13.3 feet; thence N. 57°42' E. 231.1 feet; thence S. 89°46' E. to the East line of said SWli;NW~; thence South along said East line 227.4 feet; thence West 538.28 feet; thence S. 57°42' W. 187.2 feet to the center of said County Road, said point being 625.5 feet East and 2510.0 feet South of the northwest corner of said Section; thence northerly along the center line of said County Road to the Point of Beginning, EXCEPTING THEREFROM those portions conveyed by deeds recorded in the off ice of the Clerk and Recorder of said county as Rec. No. 47611 in Book 93 at Page 86 thereof and as Rec. No. 251218 in Book 423 at Page 145 thereof, with all its appurtenances. (NO STATE DOCUMENTARY FEE REQUIRED -deed given to correct the description of the prop- erty described in deeds recorded in the off ice of the Clerk and Recorder of said county as Rec .. No. r~842 and Re'.:-~o. 436729.) SIGNED this J p -day of ) -.-/,,.il-Vl1< :1 , A.O. 19 __u_. c STATE OF COLORADO COUNTY OF GARFIELD 5 ....h se1ue,..,ct.. Je..e A re+lec+.n~·· ~<!... '1 A / , / / ; 0 r .,..., . ,. c..J ~ , n"-ll'te... _r ... · ... /~k?c1:1.a.ct..;.L.&""."'"/a~'A"' . .--04.-.<-rV"".,..u. o""ca"'*4":2L""· =------ ,.. rr> C .Rlcllard Haas "4-c.htv11y-+o-l-e11o-ncy , /) ~ \" cc()'I rnon . _14'1Aa&i~·""°'·;:i.~~...,_'-, _,C::..:-. _'-1::.....::::..:::i-------P~iscilla C. Ketz, f();rly known as Priscilla K. Shine SS. The foregoing instrument was acknowledged before me this 1 I J.I< day of .L __ .i-:..o.."---~:.2.J;i)::.J-lo.(-.Li.l:i..!..J-__ _ 19--2Lby C. Richard Haas and Priscilla C. Ketz, formerly known as Priscilla K. hine. SHEL TON -Form 2 _ .. · -8-- No.~~~------ ~ (j})e,ed TO STATE OF COLORADO, ) ) SS. County of ) I hereby certify that this instrument was filed tor record here in my office this day of -~~~~~~~~~~~~-19~-. at o'clock __ M., and duly record~d in Book Page ------ Film No.-------Reception No. Recorder By Deputy Fees, $ Send future tax statements to: SECOND PARTY AT ADDRESS GIVEN Return to: VERNON T. SHEL TON P.O. Box 637 Glenwood Springs, CO 81602 • • IMPROVEMENT LOCATION CERTIFICATE 0840 COUNTY ROAD 137, GLENl'n'.JD SPRINGS, ll P:rc~J •Jr Jan~ in, I h~ Southweqt Qnllrtcr of I ho Nn1·t hWf>Rt ~u<11 L"'1 of Sect~on :t:., 1'own"h1p S South, nnnge 90 Wnat, bth I ,f1,, more 1.•arLH!lili\rJy dcRc1·ihed aa fol lower 11P.qinning at A point in t:he ~enter of thP. County fh_,ad IH• conRLrur:lcd, said f10j11l heinq 706,11 !eet l~<U4l and 2304.IJ~ow fl'!l"!t ~nul.h of the Noi-t:hweRt:. corner of Scc.•Lion 2~· I-hr.nee s. llY llegreeA 4G' F., J3,J fect 1 ·' lht!l1<.ie N. 57 dllgrP.P.R 42 1 t-:. 231.1 feet.• l.~1cncc S. 89 c]("!qrecs 46' E. approximat;Jy JOri.45 f<.>nt:. tn 1 ;;fH~r~:.~~no~S~.Juoi RouthWP.Rt Quarter of the NorLhwP.At Qu;11·1 ~~e t:.hr. •. nce Slluth alouq H"tici F.nAI. Jine nt' thr sout:.hw~Al: I.hr_ Norlhwc11t l,.!u;1rLf'?r of Section 25 217.4 ( l• {!11.'\rl,.r o[ I.hence West 538. 26 feel: 1 ' <.>e • H, 57 rl~qrP~e 42 1 W Jij7 2 ( t h I! J . · • • • cc:? -to t o <~cnl·er 0f t h1• l'<.•nnl·y 2 ~r~.~8 r~~~ ~~~:1~r~~t~~; :11 i~1 point beinq b25.5 feet. ~~Hl and l:hAnr!P. Norl:hP.rl a -or 1"'';!•l cornE>r of Section 25; 221 4 r~el l. lyl lo~g center ~111e of Haid road appro>ci1nal:ely • -o 1c Point o( Beginning. ~XCE~TI~G 1'HEREf"ORI~ '1'111\'r rnrtion conveyed to~ thP Cniinl:y omm1as1onere of Garfield c unty 0 D d -J 913 in nook 93 ;it 0 · • Y. r.c ror.ordcd /\u~uHt J 9, lhat (1<>rlion convcy!~g~o 6~~~~t~ec:pll1~n No, 47611 /\NII l:!Xt'l~l''l'ING Sr•pf Pinber JO 1971 i 11 k 4 . 3 Y • llery, hy DP.~d rpcorUPd 25121U. · ' n °0 -;. at PaigP. 145 aR llP.11c11l i.tJn No, COUNTY OP Gf\l!FJF.J,ll S1'ATE OF co1.11uAno \ Stewart Title #91019271 Haas Acct. CALC. 40""· 45"' 3tJ{,,45':! FP OI"' f\1-\ f-' ;J.. -':J -,ii(, ' " " l'• l, ,, , " "· W1'.ST 538.;t.6' 4 • - .2 ... NORIH 1":100' NOTE: THIS PROPERTY DOES NOT FALL WITHIN ANY 100 YEAR FLOODPLAIN. M N t. l I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICAlE-WAS PlffPARED FDR eRa a lOna Bank ' THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR HIE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATEt0/1/91 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE -'RE NO ENCROACHMENTS UPON THE DUCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED, • = FOUND PIN DRAWN BY• REVISION• KENNETH L GLENN SURVEYIT FAX 241-4847 I< ,r;. K &-. ~/Jy GLENN DATE ORAWN• SCALE• 9- R.L.S. 12770 MAILING• 2004 NORTH 12 th, SUITE 7 8RANO JUNCTION, CO. 81~01 /()-1-~1 /11 :.100'