HomeMy WebLinkAbout1.0 ApplicationI
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DEPARTMENT OF DEVELOPMENT
BOARD OF ADJUSTMENT
NOTICE OF DECISION
•
Date: April 26, 1984
Case No. 138
~~~~~~~~~~
TO: Universal United Corp. dba Glenwood Supply
RE: Variance Request
At a public hearing held on April 26, 1984
regarding your above numbered application for variance, the Board of
Adjustment rendered the following decision:
Findings: 1. Due to unusual and exceptional circumstances, a variance
to Section 3.08.06(3) of the Garfield County Zoning Resolution is
appropriate; 2. That to prevent any additional hardship as a result of
inadequate drainage to the area and damage to adjacent building, the
variance be granted; 3. That the variance will not adversely effect
requested.
Adjusment
Dated: Q-U?z.<._,~/t /f/;/
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Attendance Sheet
Oat.e: 1/:<7ey
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··1 (CONSULT POSTMASTER FOR FEES)
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Golden co 80401
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4. TYPE OF &ERVICE1 ARTICLE NUMBER
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1. 0 RESTRICTED DELIVERY
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TOTAL L_ .. ICLE ADORESSEO TO:
co 81602 I Mr. Dick Wheeler
Box 310
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,-~ • • • • PUBLIC NOTICE . ·-···----~ ---------·-
Take Not ice that Universal UJ?_i tc_d Corp_._--dba: Gl<rnwood g_ypp.l.y__.<:cw1µan}L
(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:
A parcel of land situated in the Nll"4 SW!4 of Section 22, T65,
R89W of the 6th P.M. lying ;:ortheasterly of northeasterly
right of way line of State Highway '<o. 82.
Practical description (location with respect to highways, County roads and
residences):
2502 State llighway 82 -at south limits of the City of Glenwood
.Springs. East side of Highway and south of Voit Body Shop.
Said variance requested is to permit the Petitioner(s) · to construct a covered ... . . . . . . . -
storage ·area WithiD-2 i. propei•ty i; n·e ,.m; ch _; s cons;i st.a.nt-.~1~.,..; .... thH-----
exsisting buildings on norl:h. and south side of property •.
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 as 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 Department of Development, Planning Division, located at 2014
Blake Avenue, Glenwood Springs, Colorado, between the hours of 8:00 A.M. and 5:00 P.M.
{excluding lunch hour 12:00 noon to 1:00 P.M.) Monday through Friday.
That a public hearing of the application for the above vaiiance has been set for
the 2b ;ti day of /l,or/I · · · · · , 19 $r at the hour of 3:30 P.M.
in the conference room()f'the Department of Developmen·r;--second floor of the Mountain
View Building, 2014 Blake Avenue, Glenwood Springs, Colorado.
Garfi~nty Zonin_9/B~1'Yd of Adjustmer
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• • • PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
SS.
COUNTY OF GARFIEW.
N!! 015260
I, ........... C:::l,.~Y. .... '!f..~ ..... S..:t.~.~:f..f..~i:: ..................................... do solemnly
swear that I am General Manager of the ·········································'············································
GLENWOOD POST; that the same is a newspaper printed, in whole
or in part. and published in the County of Garfield, State of Colo-
rado and has a general circulation therein; that said newspaper has
been published continuously and uninterruptedly in said County of
Garfield for a period of more than fifty-t\VO consecutive weeks next
prior to the first publication of the annexed legal notice or advertise-
ment; that said newspaper has been admitted to the United States
mails as second.class matter under the prvvisions of the Act of
March 3, 1879, or any amendments thereof. and that said newspaper
is a newspaper duly qualified for publishing legal notices and ad-
vertisements \Vithin the meaning of the la\vs of the State of
Colorado.
That the annexed legal notice or advertisement was published in
the regular and entire issue of every number of said newspaper for
the period of ......... 1 .... consecutive insertions; and that the first pub-
lication of said notice was in the issue of said newspaper dated
... ~P.:r.:;i,J .... ~ ................. AD., 19.$.4. ... , and the last publication of said
notice was in the issue of said newspaper dated ........................... .A.D.,
19 .......... .,.
.., .. ~..... ~1 '"-..,,. .:::::::,::::-: =::~:t:.
County of Garfield, State of Colorado. this ........ 9..: .:t:.h.: ................... day
of ................. i?P.;:.:iJ ............................... -A P I ~4 ...... . -,
(SEAL) ··\~·· ""-.~ ,Af-t-~
MyCo ·. ~~-~ mrmss1on Expires .... ~(;}.~ ii?6~·~···· ,.~\~
2014 Grand Ave., Glenwood Springs, CO. 81601
- - - - - - - - - - - ------------ -------------------------------- - - ------ - - - -
TO:
FROM:
RE:
• GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT
PLANNING/ ENVIRONMENT AL HEAL TH/ BUILDING: 945-8212
MEMO
Board of Adjustment Members
Department of Development~~---
Hearing # 1B3 Variance Application scheduled for
April 26, 1984 at the hour of 3:30 P.M.
Enclosed are the documents for your review on the Application
of Universal Supply Company dba Glenwood Supply for a variance
to Section 3.08.06 {C) of the Garfield County Zoning Resolution.
Also enclosed are copies of the minute of the March 22, 1984
hearing and a memo from Mark Bean with regard to the West
Glenwood Springs Business and Professional Association
request for variance to the sign code portion of the resolution
for your records.
100 8TH STREET P.O. BOX 640 GLENWOOD SPRINGS. COLORADO 81602
TO:
FROM:
DATE:
RE:
• • GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING/ ENVIRONMENTAL HEAL TH/ BUILDING: 945-8212
M E M 0 R A N D U M
The Record
Mark Bean, Senior Planner //'C{/§
April 18, 1984
West Glenwood Business and Professional Association Sign
Variance Request
On April 6, 1984, I met with Dave Cambell and Ed Dry, Colorado
Department of Highways, Ed Mulhall, atto~ney for the West Glenwood
Business and Professional Association, and other members of the
West Glenwood Business and Professional Association at the proposed
site for the sign. The reason for the meeting was to inspect the
location of the proposed sign.
As noted in some newspaper reports, the ''welcome to the community''
sign that is allowed by policy in this district had to be located
in the highway right-of-way. If, as it was granted in the variance,
the sign was located on private land it would be subject to the
Colorado Outdoor Advertising regulations. These regulations would not
allow the isgn as it was approved by the Board of Adjustment.
To resolve this conflict, the Highway Department located their
right-of-way. As it turns out, the 6 & 24 right-of-way extends
200+ feet north from the actual driving surface. By moving the
proposed sign approximately 20 feet west of the original site,
the sign could be located on State Highway right-of-way and not
be subject to the Outdoor Advertising Regulations. The sign would
also be considered a ''State'' sign, thus exempt from the Garfield
County Zoning Resolution sign requirements. This in turn negates the
need for a variance from the County sign code.
100 8TH STREET P.O. BOX 640 GLENWOOD SPRINGS. COLORADO 81602
• •
VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST A variance to Section 3.08.06(3)
of the Garfield County Zoning
Resolution of 1978, as amended.
OWNER/APPLICANT Universal United Corp.,
LOCATION
Glenwood Springs, Colorado
NW~ SW~ of Section 22, T6S,
R89W, more practically described
as a parcel located adjacent to
the southern citylimits boundary
of Glenwood Springs along State
Highway 82
EXISTING ZONING
ADJACENT ZONING
Commercial~eneral (C/G}
North: C-2 (City)
C-3 (City)
C-3 (City)
South:
East:
West: State Highway 82
I. Description of the Proposal: The applicant has requested a variance
to the side yard setback requirements in Section 3.08.06(3) of the zoning
resolution. The request is to allow for the contruction of a covered
storage area that will have the footers and columns placed within two
(2) feet of the side lot line. Section 3.08.06(3) requires ''10 feet
from the side lot line or~ the height of the principal building, which-
ever is greater''. The remainder of the building and addition are set
within the rear yard setback, where there is no setback being observed.
The building was originally build with a zero lot line (no setback) on
the rear and southern boundary (side yard) opposite the requested
variance. Based on Section 7.06 of the Zoning Resolution, it has
been determined that a non-conforming building may be extended,
provided all new additions meet any other required setbacks. In other
words, the building may be continued along the rear lot line without a
setback but must meet the side and front yard setback requirements. As
a result, the application is only for a variance to the side yard set-
back requirements.
Additionally the applicant has stated that the existing side yard will
not and does not serve as a point of access for any building or land
to the rear of the property and that the adjacent property has a
building built up to the side line. The proposed addition would also
correct a drainage problem that has damaged buildingsin the area.
II. Major Issues and Concerns:
A. Zoning -Certain structures are allowed within a required
yard (setback). These structures are such things as side-
walks, patios and concrete slabs. The basic rule does not
allow for any obstruction from the ground upward. In this
case, the proposed outside storage area will be covered by
a roof, which is a structure not excepted from meeting the
setback requirement. The roof eave of the structure may
extend 18 inches into the required side yard.
B. Since this parcel is surrounded by the City of Glenwood
Springs, a verbal referral was made to the City Planner.
As noted previously, the parcel is surrounded by commercial
zoning from the City's zoning ordinance. The City's zoning
to the north does allow for a zero lot line (no setback) on
the side yard. The C-3 zone, to the east and south, requires
a five (5) foot sideyard setback. As in the County regulations,
a roof eave may extent 18 inches into any required yard.
Thus the edge of the roof would be allowed to be within
3~ feet of the side lot line. It was noted that when this
parcel is annexed into the City, the recommended zoning will
be C-3. This is for two reasons; virtually all of the land
zoned commercially in the south Grand area is C-3, and C-2
zoning does not allow for outside storage.
• •
C. To approve a variance request, the Board of Adjustment
must determine that a hardship has been created by zoning.
The hardship cannot be created by the applicant. In this
circumstance the request for the variance is a result of
the applicant's desire to place the structure in the
required side yard. Given that the parcel in question
will be annexed in the near future to the City, a variance
from the County regulations to allow for the construction
of the structure to within 5 feet of the side yard would
seem appropriate. Thus the roof eave could cover to within
3~ feet of the side lot line.
III. Suggested Findings:
1. That due to an unusual and exceptional circumstance, a
variance to Section 3.08.06(3) is appropriate;
2. That said variance should be allowed and consistent
with the City of Glenwood Springs C-3 Zone District regu-
lations;
3. That the variance granted will not detrimentally affect
the general public, including the surrounding property owners;
4. That for the above stated and other reasons, the variance
to Section 3.08.06(3) of the Garfield County Zoning Resolution
of 1978, is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of
Garfield County.
IV. Recommendation:
Approval of the variance from Section 3.08.06(3) of the Garfield
County Zoning Resolution of 1978, as amended, to allow for the ,
placement of a covered outside storage area to within five (5)
feet of the side lot line.
c
,_,-•. ,,
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Variance Application Instructions
1. An application for a zoning variance must be made to the Garfield
County Planning Division. The complete application must be submitted
at least 28 days prior to the Board of Adjustment meeting for which
the request is scheduled. The fee for this application is $25.00 and
must accompany the application.
2. Once an application for a zoning variance is submitted, the Planning
staff will review the request. If the application is complete, the
Planning staff will schedule a public hearing with the Garfield County
Board of Adjustment.
3. The following steps must be completed not more than 30 days nor less
than 15 days prior to the scheduled hearing with the Board of
Adjustment:
a. A public notice must be published 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. The Planning Division will
provide the Public Notice form which must be verified and signed
by a Planning staff member before it is submitted to the
newspaper. The Proof of Publication, which will be sent to you
by the newspaper along with your bill, must be submitted at the
Public Hearing.
b. Copies of the Public Notice form must be sent by Certified
Return Receipt Mail to all owners of all property within two
hundred (200) feet of the subject property at least fifteen (15)
days prior to the Public Hearing. The return receipts showing
receipt of notice shall be presented at the Public Hearing by the
applicant, unless the applicant is able to otherwise show
evidence of adequate notice to such owners.
c. The property for which the variance is requested must be
posted with a sign provided by the Planning Division at least {s)
days prior to the scheduled hearing date with the Board of
Adjustment.
IMPORTANT: Publication in the newspaper, the certified return
receipt mailings, and posting of the property are the sole
responsibility of the applicant.
CHECKLIST:
A complete variance application includes the following items:
V' 1. Completed application form
V 2. $35.00 fee (non-refundable)
//" 3. Completed public notice form
/,/ 4. Map showing all improvements (present and proposed) -------on the property and the adjoining parcels and all
pertinent information related to the variance request.)
5. USGS topographic map showing the location of the proposed
property in relation to the nearest town.
. -\ -. • •
APPLICATION
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Universal United Corp.--dba: GJ enwopd suppl l' Campa Pl• request (s) a
applicant/owner(s) name
variance to Section 3.08.06 minimum setback of the Garfield
section number designation
County Zoning Regulations concerning No. 3 side yard setback
type of variance requested
to permit construction of covered storage area.
Footers and cal 11mns to be pl'acad appro:;~imately 2 ' fro 00 property liRe.
in the
name of zone district ~~::;;;;~ Si~ureot applicant/owner(s)
Universal United Corporation
OWNER Universal United Corporation--dba: Glenwood Supply Company
Glenwood Springs, CO 81602
PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (Example: One mile west of Silt
on State Highway 6 & 24) :
2502 State Highway 82 -at south limits of the City of Glenwood
Springs. East side of Highway and south of Voit Body Shop.
LEGAL DESCRIPTION OF SUBJECT PARCEL:
A parcel of land situated in the NW\ SW\ of Section 22, T65,
R89W of the 6th P.M. lying Northeasterly of Northeasterly
right of way line of State Highway No. 82,
PRESENT ZONING: Commercial -General
UTILITIES PROVIDED: Water, Sewer Elect, Natural Gas
ACCESS TO THE PROPERTY:~~Huiµg~h~w"""'a~y___c8~2'--~~~~~~~~~~~~~~~~~~~~~
APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED:
Exsisting space between Glenwood Supply Company and Voit Body Shop
has no other use to property owner. No access is required since
it already exsists.
No obstructions to adjoining property owners will be created. A
drainage problem that has caused damage to buildings can be corrected,
• • PUBLIC Ii OT I CE
Take Notice that Universal U11ited ~orri.---dba: Glenwo9d S_\l.r>.Plv_Dlhlpa~
(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:
A parcel of land situated in the NI'/~ sw>4 of Section 22, T65,
R89W of the 6th P.M. ~ying ::ortheasterly of northeasterly
right of way line of State :Iighway !'lo. 82.
Practical description (location with respect to highways, County roads and
residences):
2502 State Highway 82 -at south limits of the City of Glenwood
Springs. J,ast side of Hig'1way and south of Voit Body Shop.
Said variance requested is to permit the Petitioner(st___l2_ construct a covered
storage area withlri
......
2' propert~1 ljpe 1.zhjch _is consjstarlt \lith
exsistinq building~ on nort.h and. south side of propert}' •.
-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 as 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 Department of Development, Planning Division, located at 2014
Blake Avenue, Glenwood Springs, Colorado, between the hours of 8:00 A.M. and 5:00 P.M.
(excluding lunch hour 12:00 noon to 1:00 P.M.) Monday through Friday.
That a public hearing of the application for the above variance has been set for
the ___ 2, 6 7H day of /lfer1/ · · · · · , 19 __ !11-_at the hour of 3:30 P.M.
in the conference room--ofl:~ Department of Development, second floor of the Mountain
View Building, 2014 Blake Avenue, Glenwood Springs, Colorado.
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