HomeMy WebLinkAbout1.0 Application, Staff Report & ExhibitsJ'AR~IELD COUNTY
Department of Development
~Building
·¢"Planning
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Telephone 303: 945-8241 I 945-8212 I 625-3321
N! ooos·soj
DATE:
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-Attendance Sheet
Date:
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' on reverse. ''"°' fi' (CONSULT POSTMASTER FOR FE )
II 1. The following service Is requested (check one).
~how to whom and date delivered .................... -A
Show to whom, date, and address of delivery ..
RESTRICTED DELIVERY
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TOTAL L....-
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I 1. The following service is requcated (check one).
ow to whom and date deli~tod .................... -4
Show to whom, date, and address of delivery.. -J
RESTRICTED DELIVERY -4
(7k f'tltrimd deliray /et Is cAa'Jlftl In addition to
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TOTAL L..._.
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7. UNABLE TO DEUVER BECAUSE:
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I 1. The following service is requested (check ooc).
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RESTRICTED DELIVERY ~ . ,
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I have received the article described above.
SIGNATURE 0 Addressee 0 Authorized agent
1. UIWll.E TO DEUVEll llECAUSE:
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IV/,: 16
.II M
1983
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PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
COUNTY OF GARFIELD.
G1h.,bi-~ . .:B
SS. N2 013966
1, ....... ~lro'.' .... lY.A ..... S . .t.an.f.f.er.......................................... do solemnly
swear that I am ..................... ~~!.!.~:r..'.1.! .... ~!~.11:~.~.~:r. ............... of the
GLENWOOD POST; that the same is a newspaper printed. in whole
or in part. and published in the County of Garfield, State of Colo-
rado and has a general circulation therein; that said newspaper has
been published continuously and uninterruptedly in said County of
Garfield for a period of more than fifty_t,vo consecutive weeks next
prior to the first publication of the annexed legal notice or advertise-
ment; that said newspaper has been admitted to the United States
mails as second-class matter under the provisions of the Act of
March 3, 1879, or any amendments thereof. and that said newspaper
is a newspaper duly qualified for publishing legal notices and ad-
vertisements 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 newspaper for
the period of ...... 1.: ....... consecutive insertions; and that the first pub-
lication of said notice was in the issue of said newspaper dated
~'..?.::.: ..... 1..?. .................... .A.D., 19 ...... ~~. and the last publication of said
notice was in the issue of said newspaper dated ........................... A.D.,
19 ............ .
Subscribed and sworn to before me, a notary publlc in and for the
County of Garfield, State of Colorado. this ......... lO:th ................. day
" ....•. -MA!lClL. ...... _ ....•.. ·~9 .... 83 ..
(SEAL) .. ..... ""'<M ... ~\.,;1).~ ......
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•
VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST:
OWNER/APPLICANT:
LOCATION:
EXISTING ZONING:
ADJACENT ZONING:
I. Description of the Proposal:
Request of variance to Section 3.02.06 of the
Garfield County Zoning Resolution (the
Agricultural/Residential Rural Density zone
district text section)
David and Kathy York
Approximately l~ mile west of New Castle off
County Road 214, also known as Peach Valley Road
ARRD (Agricultural/Residential/Rural Density)
North:
South:
East:
West:
ARRD
ARRD
ARRD
ARRD
The applicant has requested a variance to the 10 foot side yard setbacks specified
in the ARRD zone district. The applicants have requested a 5 foot setback on the west
side of the property to allow them to build a 44 foot wide house. They want to put the
garage at the back of the house so that their southern exposure could be used to provide
solar heat to the house. The garage would then provide a barrier to the north of the
house. The setback would allow the applicants to have sufficient turning area into the
garage at the back of the house, and allow them to retain more windows on the back of
the house. The variance would also allow the applicant to buy lumber, etc., in certain
lengths, and therefore cut the construction costs of their home •
. II. Major Issues and Concerns:
A. Previous History: This .25 acre parcel was created in early 1974 through a
Senate Bill 35 exemption approved by the Board of County Commissioners. The resolution
was approved, subject to the applicant receiving a variance to the minimum lot size
requirements of the zone district, as well as a variance to the County's Individual
Sewage Disposal System requirements. These variances were approved by the Board of
Adjustment in 1974.
B. Staff Comments:
1. The property is relatively narrow; however, there are no physical
constraints of the site which would actually necessitate the variance
requested.
2. This parcel is larger than the required minimum allowed in other zone
districts in the County, which also require a minimum side yard setback of "10 feet,
or one/half the height of the principal building, whichever is greater".
3. A hardship on the applicant created by the Garfield County Zoning Regulations
does not exist in this case.
4. The hardship is caused solely by the applicant. The size and shape of the
lot does not preclude the applicant's use of the property as a residential building
site; rather it requires a change in the design and layout of the building to fit
the 1 ot.
III. Findings:
1. That publication and public notice was provided as required by law for the hearing
before the Board of Adjustment.
2. That all hearings before the Board of Adjustment were extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that hearing.
IV. Recommendation:
Denial based on staff comments 11-B, 1-4.
1
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APPLICATJON RECEIVED FEB t 8 1983
C-.ARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Owners name: DA-uiD AN.)) KAi-t+Ry);) \j op_,1< Date:
Owners address: DI 7 I f'l1e:L -RE-'I Heari n!l Number_:
Phone: Cl~ S -&/ 2-~?
located: I 1/7 W11'!-e.s .,v,._:r\ c):, VJeu..> Practical description of where property is
"" (a ~+-e et\'-\ C..\liU'I\ ·\ J f<<>c· c\ 7 I 4 ~ 1-=." k'.-11..,,V/'(\ .:i :. --p.p c ". \, l • (\ ! L, c J ·1<et<t{
1. Present zoning:
2. Describe ~ariance you are requesting: j?.ll/CF "F /()ff. S",;-rlJ~~k To ~llo->IM£tr
:S/OENp-<"'('<"1~ botV\d-\tuJ ~\)'\. "'\o ""\._.,!:. ~~t..Q."i'..,).,)~<;,~ OF 4~'
w.") E '-'-'; ':.\'?.fi:) "!. µ. o~fl1'.<A ""\c. _. f'.t •• ·..,..o..l. .. , c. "l;l .. £
pr-o~e>~fl.l> ~1!>'1\"-of 4-t ~t. v->1~1!" wit" f'I \::>(l\VF-Ato"'~--~141.s'I!'
$\()::: oF ~ou,_c:.., •
3. Why do you feel that the variance should be granted:
use additional pa9es if needed)
(refer to instructions,
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() r:·",,_,lt1, ?~-t'('11~(e;( or1....l~ ~u+h, t'.;.u..\--we (\-e.-A_ror•,,\ -(~(c;,
· ..\un: ·\l\~u ou. r ;:)Ci.I 0,~e, (!..'J \JJ(' I I O', (\. ch_ivev..ic(lj. G-i'11 ltllj u'", ~·~
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1-. 'llir:ST §1,11 re~_E•"' l'I ~'""~'--~ rf4r•·11,v P~r1-t1A.>b. --J.
' ... • 4. List all property owners within two hundred {200) feet of property for which
variance .is being requested. Copies of the Public Notice should be mailed to
your neighbors by registered mail and the receipts presented at the hearing.
Z./ ff f u ~ r o P iJ Z3
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5. Describe water supply, sewage facilities, utilities, and access to property.
{use additional pages if necessary)
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o}rrr1Aj ha.A a L.o~(( r\,;\(A~'. ~e.
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6. Attach a map of legal sized paper or smaller drawn to scale showing all im-
provements {present and proposed) and all pertinent distances and area. Show all
improvements on your property, and all neighbor's property within two hundred
(200) feet of your boundary.
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' ' ' • t (. 7. The above rmation is correct to the best of my knowledge.
Applicant
Variance granted ---------
Variance denied----------
Board Vote:
Member
Attested by:
Peter. M. Cabri nha
Chairman
Form approved by Board vote on April 18, 1974.
For Against
Mary F. Odell
Secretary
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• •
PUBLIC NOT I CE
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Take Notice that '• .,.
(has) (have) applied to the Zoning Board of Adjustment; Garfield County, State
of Colorado, to grant a variance in connection with the following described
property situated in the County of Garfield, State of Colorado; to-wit:
Legal Description: ,, ~1-(
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respect t highways, County Roads and
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Said variance is to ,Permit the Petitioner(s) __ Jc__j_~l_r~'.-~_~,..-·~-~~-'--·_'·_·
I.Vilt.' tJ ~fit . aJ 1.'11\ .:,~ ~<>~to\.~ ' L1,.,, f" '3!Qv !> v\$\:.1/,)(. ~qr.i: F ~I \'t--.v ii ert>c .. :r .-..,;--r S?.At/c r-ery11rtN&ir.rr.
on the above described property.
All persons affected by the proposed variance are invited to appear and state
their views, protests or objections. If you cannot appear personally at such
meeting, then you are urged to state your views by letter, particularly if you
have objections to such variance, 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 variance. This variance
application may be reviewed at the office of the Building Official located at
2014 Blake, Glenwood Springs, Colorado, between the hours of 8:00 A.M. and
5:00 P.M. Monday through Friday.
•
That public hearing on Cthe application for the above variance has been set for
the rl L/ day of /7(. /( < < /. , 19 __ £:'.13_, at the hour of !.]; ,:';2('.)
at the off'ice of the Building Department in the Mountain View Building, 2014
Blake Avenue, Glenwood Springs, Colorado.
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' ' -· 1 ': • tj.;:.Q_ LLQ/~P~,..(_f.Q_<:_,)
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R E S 0 L U T I 0 N
WHEREAS, ROBERT L, DORSSEY, by and on behalf of himself and his wife,
GERAL~INE DORSSEY, have petitioned the Board of County Commissioners of Gar~ield
County, Colorado, for an exemption under C,R,S. 106-2-33(3)(d) (1963 as amended),
said exemption being for the division of a 5-acre parcel into two parcels, one
of whict is to contain 4 3/4 acres and the other of which is to contain a .25-acre
parcel described as follows:
A tract of land in Section 5, Township 6 South, Range 91 West
of the 6th Principal Meridian, GarfieldCounty, Colorado, more
particularly described as follows: Beginning at the East 1/4
corner of said Section 5; thence N, 00°53'30" W. 1335.93 feet; thence
S. 89°24'45" W, 331.82 feet to the true point of beginning; thence
from the true point of beginning S. 89°24'45" W. 62.00 feet; thence
N. 00°53'30" W. 175.65 feet; thence N. 89°24'45" E, 62.00 feet; thence
S. 00°53'30" E, 175.65 feet to the true point of beginning, containing
.25 acre, more or_ less,
WHEREAS, the aforesaid petitioners have presented evidence to the Board
demonstrating with reasonable certainty that water is available on the described
parcel; that preliminary approval of the County Health Deparbnent for the location
of a septic system on the described parcel has been given; that adequ~t~ road access
exists, and that petitioners have contracted to sell and convey the two parcels .
described as aforesaid; and that unusual circumstances exist which make the granting
of the exemption reasonable and fair;and
WHEREAS, the Board is convinced that the division and conveyance of the
described parcel for which an exemption is hereby sought is not within the purposes
and intent of C,R,S, 106-2-1, .et seq.(1963 as amended), and should be exempted from
the definition of the terms "subdivision" and, "subdivided land" as set forth in
C,R,S, 106-2-33(3)(d) (1963 as amended).
NOW, THEREFORE, upon motion of~~-"'/f[.=---~L.....,.'-''J3,"""quSi..>h'-¥'v~~~~~seconded by
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~~~b=--1-i~~'-"tl'--~fl,_,_,·~fuf~~~~~~~~--'and unanimously carried, said tract of land
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referred to in the Petition, and above described, is exempted from such definitions,
and transfer of said tract of land may be made by the petitioners as requested in
the Petition.
Dated this /:?7b day of March, ~974.
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• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF CARFIELD COUNTY, COLORADO
PETITION FOR EXE.MPTION
Pursuant to C.R.S. 106-2-33(3) (d) (1963), as amended, the undersigned,
ROBERT L. DORSSEY, by and on behalf of himself and his wife, GERALDINE DORSSEY,
respectfully petition the Board of County Commissioners of Garfield County, Colorado,
to exempt by resolution, from the definition of subdivision contained in the above
referenced statute, the following-described parcel of land:
A tract of land in Section 5, ToWnship 6 South, Range 91 West of the
6th Principal Meridian, Garfield County, Colorado, more particularly
described as follows: Beginning at the East 1/4 corner of said
Section 5; thence N. 00°53'30" W. 1335.93 feet; thence S. 89°24'45"
W. 331.82 feet to the true point of beginning; thence from the true
point of beginning S. 89°24'45" W. 62.00 feet; thence N. 00°53'30" W.
175.65 feet; thence N. 89°24'45" E. 62.00 feet; thence S.00°53'30" E.
175.65 feet to the true point of beginning, containing .25 acre, more
or less.
Said exemption is requested for the reasons set forth herein:
1. The undersigned and his wife purchased the subject property from Ed and.
Lorene Greene in 1968 as a portion of a larger 5-acre parcel of land as depicted
on the plat attached hereto.
2. Upcin th<> upper portion of said 5-acre tract the undersigned and his wife
constructed a residence.
3. Upon the .25 acre parcel herein described the undersigned and his business
partner, Jerry Greene, doing business as D & G Builders, constructed a shop building
for the storage of carpentry tools and materials, the intention at the time of the
construction of said shop building being that the herein described .25-acre parcel
was to be the property of the business partnership, D & G Builders.
4. At the time of the construction of said shop building there· was no zoning
regulations in effect in the County of Garfield, State of Colorado; however, said
building meets the area square footage limitations and the setback limitations as
contained in the present Garfield County zoning regulations.
5. Said property abuts on a county road which intersects old Righway 6 and 24
at a point just westerly of the Town oi New Castle, Colorado.
6. The aforesaid 5-acre parcel, including the .25-acre parcel herein sought
to be exempted, is owned by the undersigned and his wife, Geraldine Dorssey; the:·
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undersigned and his wife currently have pending in the District Court of Garfield
County, Colorado an acti.on for the dissolution of their marriage, being Civil Action
No. 7569.
7. Pursuant to said action for dissolution of their marriage the undersigned
and his wife have entered into a Property Settlement Agreement whereby their personal
residence, now located on the aforesaid 5-acre parcel is to be sold to one Merritt
Denison,and a Contract of Sale and Purchase has been entered into by and between
the undersigned, his wife, and the aforesaid Merritt Denison for the sale of their
residence located on 4 3/4 acres, but excluding the .25-acre parcel herein sought
to be exempted.
8. 1he shop building on the described property has no toilet or water
facilities and none are necessary to service the building; however, attached hereto
is a letter addressed to the Board of County Commissioners from the Garfield County
Environmental Health Officer giving tentative approval for a sewage disposal system,
if necessary in the future, on the described property; also, if approval of this
exemption is grant<o<l the undersigned and his wife at the time of the conveyance
of the described property to D & G Builders shall ·also convey one-half share of
the stock of the Roseman Ditch to be used on the described property and an easement
will be created along the westerly boundary of the described 5-acre parcel for the
installation of a water line if needed in the future.
9. 1he residence on the remaining 4 3/4-acre parcel has water and sewag.e
facilities installed and in place and in use and there is to be conveyed with said
4 3/4-acre parcel 4~ shares of stock in the Roseman Ditch.
WHEREFORE, applicants request that the Board of County Commissioners of
Garfield County, Colorado grant them an exemption for the division of the total
5-acre parcel into two parcels, one of which will be composed ·Of 4 3/4 acres and
contain the family residence and the other of which will consist of the .25-acre
parcel herein described, including the shop building.
Dated at Glenwood Springs, Colc.-:ado this ./tf'day of March, 1974.
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A tract of land in Section 5, Towns"ip 6 South, Range 91 ~est of the Gth Princip3l ~eri-
di~n. Garfield County, Colcrado, more particularly described a. fellows: Beginning
at the east 1/4 corner of said Section 5; thence N 00°53'30" W 1335.93 feet; ~he~ce
S 39°24'45'' W 331.82 feet to the true point of beninnln~; thence fro~ the true ocint
of Deginning S 89"24'45'' W ~2.00 feet; thence ~ CJ 0 53'3J'' ~ 175.6~ feet; ther:ce ~
B9"24'GS'' E 62.0J feet; thence S 00"53'30'' E 175.65 feet to tne true point of begin-
ning, containi~g .25 acre more or less.
I hc•cby certify thdt this ~ap is a true represe~!ition o~ a SLr>e; •a~e ~roer ~f ~irec
ticr~ in Y~rtt1 ~373.
PeoPEe-TY
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ELDORADO ENGINEERING COMPANY CVN~UL Tl~J\i f "J..,:N[fRS R£GISlfREO LA\jD SURVEYORS
A03 C0LORADO AVfNUf P 0 ~O' c,r.9
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GARFIELD COUNTY
ENVIRONMENTAL HEALTH
•
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE PHONE 945•7255
Board of County Commissioners
Garfield County
Glenwood Springs, Colorado 81601
RE: Letter of Feasibility for Sewage Disposal
Southwesterly ~ acre of tract owned by Robert and Geraldine
Dorse Valley area.
. ..
Gentlemen:
Based on the information received by s office and past
experience with sewage disposal facilities in he immediate
area of the proposed exemption, it has been det mined by this
6lfice that on-lot sewage disposal facilities are both feasible
and r·ractical, commensurate with both county and s ate regula-
tiona, provided that proper permits are obtained pr or to con-
struction.
It should be further noted that due to lowing con-
ditions
Lass than 2 acres required in the Regulations,
only the folluwl.11g types of on-lot systems would
be acceptable:
standard septic ta.nk and ab rption field
---septic tank-dry well
X pre-engineered trea plant and subsurface dispersal
area
X sealed evapo-transpiration system
X vault system)
other ---
If we can be of any possible further assistance, please do
not hesitate to contact o r office at 2014 Blake or call 945-7255.
LLK: jb
Sincerely,
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Lamont L. Kinkade, R.P.S.
Director of Environmental Health
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