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Home My WebLink About1.0 Application,. MEMBERS PRESENT Mary Odell, Acting Chairman Larry Hazelton Denise Acee Leo Jammaron Pete cabrinha Richard Moolick BOARD OF ADJUSTMENT MEETING #146 April 24, 1986 3:30 P.M. COUNTY STAFF PRESENT Don DeFord, Attorney Glenn Hartmann, Planner Eleanor Haring, Recording Secretary The meeting was called to order by Mary Odell. John Tripp and Allan Bowles were absent. Larry Hazelton made a motion to approve the minutes of October 24th, 1985 with the addition of the word "said" after a statement by Mary Odell on page 3. Leo Jammaron seconded and the motion carried unanimously. Pete cabrinha made a motion to approve the minutes of November 21st as written. The motion was seconded by Larry Hazelton and carried unanimously. ROSS L. TALBCJI'T -REQUEST FOR VARIANCE FROM SECTION 5.07 .09, SIZE LIMITATIONS OF THE SIGN CODE SECTION OF THE ZONING RESOLUTION. Don DeFord said he been tendered the proof of publication and proof of notification to adjacent property owners as pursuant to provisions of 9.05.04 in compliance with our regulations. He said the meeting could proceed. Glenn Hartmann entered the following as exhibits: A. Proof of publication B. Proof of mailings to adjacent property owners c. Application D. Staff Report E. Letter from Jim McKinney F. Photograph of sign Mary Odell appointed Leo Jammaron and Pete cabrinha as voting members. Mr. Talbott passed around some polaroid photos of the intended sign. He noted that approval had been given by State Highway Department and he then put the sign up but B. J. Thompson of the Garfield County Building Department advised him that he needed to come before the County. Mr. Talbott said the sign was then painted over and he made application. The extra square footage is being requested because the location is across the Colorado River. He noted that he was concerned about how much could be read on the sign from the highway and if some the wording needed to be taken off he was agreeable. Mr. Talbott said he would like more than the 150 sq. ft. for his sign because of the Colorado River causing an undue setback. Pete cabrinha mentioned that if the wording was reduced the sign could be reduced and be narrower. Mr. Talbott' s son said he felt it should not look like the back of someone's shed but as a noticeable sign. _,_ • • Glenn Hartmann then briefly summarized the Staff Report noting that the site consists of a proposed sign location in Lot 280, West Apple Drive, within the 87 acre Apple Tree Park PUD. Mr. Hartmann said that the applicant proposes to construct a 256 sq. ft. (32' x 8') joint business identification sign on property inunediately adjacent to the Colorado River, for the purpose of identifying the mobile home park and commercial services available within the P.U.D. to motorists traveling on I-70. Mr. Hartmann referred to several items in the Staff Report such as the 300 ft. distance from the driving surface and I-70, the sign location being in the residential portion of the park and the underlying zoning. Mr. Hartmann referenced graphics code studies ("Street Graphics" by William EWald 9/77) which indicates that the proposed sign exceeds the maximum amount of information a driver could absorb from any one street graphic. Mr. Hartmann also said that a 150' sign is the largest allowable sign in the County in any zone district. Mr. Hartmann said that Staff Recommendation was approval of a variance from Section 5.07.10 to allow for the placement of a 150 sq. ft. sign, subject to the suggested findings and determination by the Board of Adjustment that the criteria for granting a variance had been satisfied. Denise Acee conunented that this sign would establish a precedent and that others might like a larger sign. Glenn Hartmann said that they too would need to come before the Board of Adjustment. Larry Hazelton said it was necessary to address the distance of the sign from the road. Ross Talbott remarked that the requested sign is smaller than the side of a semi-truck. Larry Hazelton again mentioned that anything smaller would be lost at that distance. Leo Jammaron said that the sign really did not reach out and grab you. lie was surprised that it was as big as it is. Pete cabrinha felt that he had no problem with granting a variance as the situation calls for an extraordinary measure, however, he would like to grant as small a variance as he could. Richard Moolick asked if it was the function of the Board to be concerned with the readability. Pete cabrinha replied that it should concern the Board because a person is driving while reading. Ross Talbott said he wanted simplicity of the sign to be of importance. Denise Acee repeated that she felt granting this size of a sign will establish a precedent and would have a snowball effect in the County. Ross Talbott again said that a consideration in this case was having the Colorado River between the highway and the area where the sign would be. Larry Hazelton made a motion to grant a variance from Section 5.07.10 of the zoning Resolution with a comment that in the future distance and visibility should be considered with regard to signs. Leo Jammaron seconded the motion. I. '-·· Glenn Hartmann stated that the application requested a variance from 5.07.09 which addresses sign sizes in each one of the County zone districts and doesn't specifically address sign size in a P.U.D. '!he Staff recommendation is approval for a variance from 5.07.10 which addresses signs within a P.U.D. and it should be clear as from which Section a variance is granted, preferably 5.07.10. Mr. Hartmann asked that the Suggested Findings be included in the motion. Larry Hazelton withdrew the motion and Leo Jammaron the second. Pete Cabrinha made a motion to close the public part of the hearing with a second from Denise Acee. '!he motion carried unanimously. Larry Hazelton made a motion to grant the variance from 5.07.10 to allow the placement of a sign of 256 sq. ft. as described in the request by Mr. Talbott and with the following Suggested Findings from the Staff Report: 3. '!hat the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property. 4. '!hat such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the Zoning Resolution. '!he motion was seconded by Leo Jammaron and the voting was as follows: Pete Cabrinha Yes Mary Odell Yes Leo Jammaron Yes Larry Hazelton Yes Denise Acee N::l. '!he motion carried. 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" --.,,--- ', ; ~·· . .~ .... i.~~ ·'1~ .J;:~, ·.~ -: •.. -·. j·:·~i:( ;~f''~ ·,~ "t4-i'1.. ~( ,,.,.·. ;.·r1::~. '""'' : I ~ .. -··· ,, .. ·,· •· " ':' . 1 '.i - ~ • TALBOTT ENTERPRISES. INC. ROSS L TALBOTT 5178 CO. RD. 335 NEW CASTLE. CO 81647 i -· --- l:d.JN ~~::;:: l ~?:tc:.1...F:i'il !':ETUl~N TO ~>ENl)i:J''. ND FfJF':H(-1f':OTNG C!Vi)f.:.i'.: ON FILE U~•ABLE TO FOR\.'APD Mr's. Patricia Dunn 1828 N. 20th Grand Junction, CO 81501 -"" .,_ ""l'.'f:-"" .,,~ 022°273 CHCllD •' im-+ lc1o_ ISi' llOl1CE -- REIUllll s•A • . , . ¥ SENDER: Compltte-1, 2, 3 and 4. f Put VOUr·addren In the•'1'ETURN TO" tPaCe·on the rlYtlm 1fct.. Failure to do thll w1i1 prevent tht1 eard from H being returned to you. Ibl WSAEb r1211m !e !tdH etarJS!t i2!! the name of t!!'-£!ill"IOft deUV9i'ed to end the dll! of ~· ~ for addtt1 naf fMI ih1 fOnowlnD WVlc• ,,. t 1v1U1bl1. Co OSUT\UU.f fort .. and chick box(•1 for Mnl'lct: ~Med. .. I 1. Show to whom, d•• and addrnl of d1Uwcv. I 2. D A..,rlcted Dollvorv. 3. Artlcl Addr~ .~ /JA? /J, :?()-z:A ~ ) co 61 :,-o; , •· 'TYP41 of Servrc.: Artlcle Number ~-8 '"''""' ,,.-_ .:>o-z. -78/ eel COD . f,,-9.g KPOllM.11 Alwevs obt1ln signature of edd1 ••••a agent and DATE OEL!VEREQ. I &. Signature -Addt'eleM x 8. Slgnawre ... Aaent x I 7, 1-y 8. Addrent1'1Addr ... .,,. ' & i• ~ ;, ·l I I I I --f_Ullll c_ NOT I ci;. Take Notice that "Tt:l I btJf-l__f_/]/_t:£ec.!.s~.5 __ ~~-·-- (has) ~) applied to the Zoning lloard 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: S-e.~ t?f-/aeh-cd Practical description (location with respect to highways, ~ounty roads and residences): O/J<-. hall'{~) />?t/<.-wt:..s.-1-0 .,C' /l/.UV t!d.srle. 011 i"hL-soufl; stc/L u/ IA~ {!_o/or.tc/o /Yue-r;- . ,'" '.: Said ·variance requested is to pennit the Petitioner(s)_ lo J?hU!L t!L ,?5/;, St?· ,,,ff. s'Jla 1dea_;,.,1,/(//IJ #~ _4~_;,<.<.Y: .... u=--'-'4"""""c-'"I---------'-- 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 Qrant or deny the request for variance. This variance application may be reviewed at the Planning Department Office located at Suite 3oJ, Garfield Cotmty courthouse, 109 8th St., Glenwood Springs CO 81601, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. A public h~ing on the application for the above variance has been set for the Z"f "Ii day of ,t:f~r// , 19 86 at the hour of 3: i;o A;C-1., in the Ccmnissioner's meeting roan, Suite 301, Garfield Cbtmty Cburth::mse, 109 8th St., Glenw:>0d Springs, CO 81601. ~eld County Z~onjng ~~Adjustment, lly .~L,,_'-"'~~-_.~,=------ • A parcel of land situated in the S~SEli; of Section 36, Township 5 South, Range 91 West of the Sixth Principal Meridian; also in Lots 3 and 4 and. the Sl~li; of Section 3, Township 6 South, Range 91 West of the Sixth Principal Meridian, said parcel of land is described as follows: Beginning at the Northwest Corner of said Section 3, thence Southerly along the Westerly line of said Section 3, 2593.80 feet, more or less to the Southwest Corner of said SWli;llWli; of said Section 3i thence "Easterly along the Southerly line of said SWli;N'Wli; of said Section 3, 1320.00 feet, more or less to the Southeasterly Corner of said SWli;~; thence Northerly along the Easterly line of said SWla;NWla;, 1320.00 .feet, more or less, to the Northeast Corner of said SWla;NWli;; thence North 200.00 feet, more or less to the Westerly right-of-way"line of a county road ··· .. · as constructed and in place; thence Northeasterly along the Westerly ··right-of-way line of said county road to its intersection with the centerline of Alkali Creek as shown on the amended map of the Mountain Shadows Subdivision on file in the Clerk and Recorders office of Garfield County, Colorado; thence N.81°30'00" W. 148.00 feet along said centerline; thence N.64°00 1 00" w. 117.00 feet; thence N.58~20'00" w. 177.00 feet; thence N.47°00 1 00" W. 148.00 feet; thence N.31°40'00" W. 227.00 feet; thence N.81°38'00" w. 111.93 feet; thence N.52°07'12" w. 245.07 feet; thence N.19°35'00''. E. 125.00 feet; ·thence N.52°25 1 00" ·w. 175.00 feet; thence N.37°15 1 00" w. along said centerline of said Alkali Creek, 292.00 feet to a point· in the center of the Colorado River; thence S.47°00'00" W. 374.30 feet, more or less along the centerline of said river; thence S.44°49'40" w. 203.97 feet along said centerline; thence S.36°53 1 00" E. 202. 72 feet along the centerline of ·said river to the Northwest Corner of said Section 3, the point of beginning. The above described parcel ·of land contains .&7.3~ acres, more or less. ~-.'' . --- ---------:----------.----- p 002 7117 s711 e RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~ 1--....L-":t.1-.\.i.J:J...!l.IJll.A~/l1-L.:L.l;J._\'--"'...::'.I ~ Po"stage S " • Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered N Return receipt showing to whom, I Date, and Address of Delivery ~ .0 TOTAL Postage and Fees $ :.1-~~~~~~~-"-...:..~....1.~u...1.....::..i i Postmark otDate ! ~ \~ .. ~ I ~ gj • "' ~ ,,; .. ... i E of "' ... p 002 78"( 543 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery TOTAL Postage and ~&es -$ Postmerk or Date I"·· I'" I• •, ''/ ' '· , ___ .... ·_.\-~::._____ p 002 787 542 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) i~~J_____.j • P.O., ~L__,,_ii__l.!l:!i!}'.)~!,ll\,~Q_~l..J::l)_(UJ2:~ ~ L-----------~------l • Certified Fee '( -:!J Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered &j Return receipt showing to whom, \!? ~D:::•::.t::;•·.:.•::.n::;d,:_A;:d::;d::'•::.•::•.,:o;:_f.:;D:;;•;;ll'::•;:.'YL .. .:"..+-.---1 ~ 1-r_o_r_A_L_P_o_•_••_g_•_•_n_d_F_•._~·_•.;.' --'-'l-$J..,..l-"{;:,....f; l Postmark or Date .. ! / ~ - ---- - - - - - - - - - - - - - ---- - - - - - - - - - - - - - - ------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i 0 .: ci ~ • ~ ~ ,,; .. ... ~ ~ Ul 0.. p 002 787 536 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Sent to ( 5,(Jl) $ Certified Fee ,., 5 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showinp to whom, Date, and Address o Delivery TOTAL Postage and Fees $ _5 . Postmark or Date .'' - - -___\.__ -•-,__,;,_,____ .......:_ ~----- - p 002 787 581 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO NOT FOR INTERNATIONAL MAIL (See Reverse) i Seot to • ~ 1--~~~--'><11'-'--"-~~~L.l'..J.1"'-'-..L.~~ $ ci Postage ~ >-~~~~~~~~~~~-+~~~~-< • Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered i Return receipt showing to whom, ..... Dale, and Addres,s-0f O~ry ~ TOTAL Post~g8 and Fees , . -I . ,~·.., , I Postmark o'r Daile \. ~ "' Q. \'· --., --· . I_ I:-. ~- p 002 787 538 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) i Sentto ~ f------__.:;IL.l~--M~--"'~ ~ 1-~~~~~~~~~~-+~~~- +: Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered p 002 787 539 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) q L ____ WlJ.L.llJU.;J~..&W!>Ll<l ., o Postage ~ l-~~~~~~~~~~--1-~~~---l $ • Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered ~ ~ L.:.::.::...:;;:.;;.;.;:;.::...:;;:.;;.;:..;.;.;.;,;..::........j. ___ __. ~L-----O:..-.:::;;:;,..,..~lor!.--'L<.../...~ i Postmark or1 ~ ~ P 002 787 51.fO RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) I Soot to ~1--~~E:::J.~.a:l..0llJ>lli'K--1.~~~-----1 ~ t--~~~~~~~~~~-+-$~~~-i +: Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered ~ Return receipt showing to whom, 0> Date, and Address of Delivery ~1-~~~~~~~~~~-+~~~--1 ~ TOTAL Postage and Fees $ l Postmark of Date " ! ~ \ ..... \ . \,,' ' .... ,, ,/ ' .. . ) -·" ..._ p 002 787 541 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) I Sent to ~ t----~~~----V-'-f~~~-----l ci Postage $ ~ 1------------+--------l • Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered ~ Return receipt showing to whom, ~ Date, and Address of Delivery ~ TOTAL Postage arid Fees ' l Postmark Of Date / $ ------------- p 444 258 888 N "o "' -ii ... i "' ~ ... IC RECEIPT FOil CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED- NOT FOR INTERNATIONAL MAIL Pottage $ C•rtlfled F •• Sp9Clel Delivery Fee R•trlcted Delivery Fee Return Receipt Showing to whom end Date Delivered Return Receipt Showing to whom, Date. and Address of Delivery TOTAL Pott~ .. •nd F ... * ·-···"-' ~ / ' ',Jr-{ " I ' I ' .. \ · • .,, ' II'<..""> I~· \ 'l°q\) J ,}'-'' ,/ ""-11;; ;:,_, ~~~~~~~~~~~~~~~~~~------------------------------- &l "' ~ ~ ~ "' !! 0 ,,.. IC p 444 258 889 RECEIPT FOR CERTIFIED MAii. NO INSUFIANCI COVlRAGt PROVIDEO- NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., Postage $ C•rtlfl9d Fee Speclel Oellvery Fee Restricted Delivery Fee Return Receipt Showing to whom -and Date Oe'llv.ered Return Receipt Showing to whom, Date, -.nc1 Address of Delivery TOTAL Postage'iind Fels-..,-$ , Postmark. fSr 0,1•1, ~ ~f~ ' -' I· : )t-J .. 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Date. end Address of Delivery ·~ ~~~~-f-.....,"""~~"*..u...i..;~ ·i j IC ~---- ---------------------------------------- - - - - - - p 444 258 850 RECEIPT FOfl CERTIFIED MAIL NO INSUflANCf COVERAGE PROVIOED- NOl FOR INTERNAllONAL MAIL (See Reverse) S•nt to Pottage Certified F H Speclel Delivery Fee R"trlcted Delivery Fee Return Receipt Showing to whom end Date Delivered Return Receipt Showing to whom. ~ ~O:a~t:•~· a~nd::A:dd::•:es:s:o;f;D;e~ll~v•;':':-i~~~:::l ~ TOTAL P ~ Postmark o g .. ... j g: p 444 258 930 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVU\AGE PHOVIOED- NOl FOR INTERNAl IONAL MAIL Certlfltld Fee Special Oellverv Fee Restricted Delivery Fee Return Receipt Showing to whom end Date Delivered Return Receipt Showing to whom. ~ Oete. end Address of Delivery $ ~ TOTAL Post <1fi11l'lll '. $ ! Postmark o D·if':• --~. ~ 8 ' .r ll/1p ·. ~ \ \J9~~{ ) ~ ~~' .... .. ... ,.... ii ... ~ "' J IC p 444 258 931 RECEIPT FOR CERTIFIED MAIL NO INSUl\ANCE COVlRAGE PROVIOEO- NOT FOR INTERNATIONAL MAIL . ...,. .. $ Certlfl9d Fee Speclal Delivery Fee R .. trlcted Delivery Fee Return Receipt Showing to whom and Data Otllvered Return Receipt Showing to whom, Date, and Address of Delivery TOTAL Postage •nd f ... $( Pottmark or Date -~ ' ' :i. ( I/ . . I ~PR :1 (:;( 1JJ0 . 100.I; p 444 258 934 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVlRAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse Sent to $ Special Delivery fH RMtrlcted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipl Showing to whom, ~ Date, end Address of Delivery ~ TOTAL PotUge and F .. ~f,,..~....,........,....,........,:=:::---"-"'""""'-""I ,--·•{(D•td., ~:5i}i : ~ ... . ~986 IC I - p 444 258 933 RFCEIPT FOH CERllFIED MAIL NO INSURANCl COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom, ~ Date. and Address of Delivery ~ TOTAL Postage and fMS $ -21-~~~~~~~~~~..._ ........ ~~ "" Pottmark or Date § .... ! ie p 444 258 935 RECEIPT H>H CERTIFIED MAIL NO INSURANGl GOVlRAGE PROVIDEO- NOT FOFI INTERNATIONAL MAIL (See Reverse) Pottege $ Certified Fee Special Dellvery Fee R91trlcted Delivery Fee Return Receipt Showing to whom 1nd Date Dallvered Return Receipt Showing to whom, N Date, and Address of Delivery 00 e: TOTAL P-ond F... $ :S :¢1-............................................................. -; _ Postmark or D~te p 444 258 936 RECEIPT FOR CERTIFIED MAIL NO INSURANCl COVERAGE PROVIDEO- NOl IOR INTERNATIONAL MAIL (See Reverse} ,.,------. ---?<----~ Certified FM Spacl•I Delivery Fee R•strlcted Dellverv Fee Return Receipt Showing to whom end Date Delivered Return Receipt Showing to whom. r..i Date, end Address of Delivery 00 $ e: TOTAL Postege •nd Fees $ ii ~-------..... --.... ~"""--1 "' Postmark or Date ,,/.~ , · 1/C: .. '-.. ! ' I., \ . I ·,, ~'.lo~.'. I i. : 1-z_ \ ,(:,p\:) ) p 444 258 937 RECEIPT FOii CERTIFIED MAIL NO INSURANCI COVERAGE PROVIDED- NOT fOR INTERNATIONAL MAIL (See Reverse) $ Certified Fee Speclel Dellvery Fee R"trlcted Delivery Fff Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom, ·IN Date, and Address of Delivery ! ... .. °' .... ii "' i 1 IC p 444 258 938 RECEIPT FOH CERTIFIED MAIL NO INSURANC[ COV[HAGE PROVIDED- NOT fOR INTERNATIONAL MAIL (See Rever~e) Post•ge $ Certliled Fee Speclel Delivery Fee Restricted Delivery Fee Return Ree9lpt Showing to whom end Date Delivered Return Receipt Showing to whom, Oete, end Address of Delivery TOTAL P .... 11! ond·F•, --"-":·."~ . ' " • I ' ,,. . ' 'i. -:> .j . · , \i:.:1so " ·~ ~ "-!] . .;. ~'-' p 444 258 939 RECEIPT FOH CERTIFIED MAIL NO INSURANCE COVlRA0£ PROVIDEO- NOT fOR INTERNATIONAL MAIL (See Reverse) C.Mlfl9d Fee Special Delivery Fee RMtrlcted Delivery Fee Return R&clipt Showing to whom encl Date Delivered Return Receipt Showing to whom, ~ Date, end Address of Delivery ~e TOTAL Postage •nd FMs ,$ ii 1-:-"""."-.,.....-:--:~-"""~~-''-'...;;;,i "' ~ e 11. IC p 444 258 .895 RECEIPT FOil CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO- NOl ~OR INTERNAllONAL MAIL (See Revene) Posuo-$ Certified Fee Specl•I Delivery F" Restricted Delivery Fee R9turn Receipt Showing to whom and Date Dellvered Return Receipt Showing to whom, ~ Date, and Address of Delivery ·~ TOTAL P-ond F!"'" $l ii ""'--,...-...,, ... ::::;::;;...,,.........i....:..i..:...:~ ... ~ .., ~ .... IC ------- - - - - - ---- - - - ----- - - - - - - - ---- --------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p 444 258 896 RECEIPT FOi! CERTIFIED MAIL NO INSURANCE COVlRAGE PROVIOEO- NOl FOR INTlRNAllONAL MAIL (See Revene) Postaige $ Cenlfled F" Speclal Delivery Fee Restricted Delivery Fee Return Receipt' Showing to whom end Date Dellvered Return Receipt Showing 10 whom, N Dale, and Address of Delivery ~ -TOTAL Postage •nd F.. $ ii~~~~~~~~~--~ ..................... ~ ~ Pottrn.rk or De~• I ~ • J. ' If\ p 444 258 897 RECEIPT FOR CERTIFIED MAIL NO INSURANCf COVERAGE PROVIDEO- NOl fOR INTfRNATIONAL MAIL (See Reverse) ~s~e-nt-,-• .,.----,....------c~~~~--, Street a $ C•rtlfled Fee Special Dellverv Fee Restricted Delivery Fee Return Receipt Showing to whom •nd Date Delivered Return Receipt Showing to whom, ~ Date. end Address of Delivery ~ TOTAL PosUge •nd F,. -:--_ -~ ~~~~~~~-.-4-............ .i;:.~.L;:;;;;~ J.a.. Postmark or Date ..,·' :, ~ ( . p.VI= \ t"'I ~ I• '!' ~ \ @ 1 ~r,r', } ). t2 , 'bo'!! . JC .. (7<.r· ~~~~~~------------------------------ ~· "' -·.e ... ~ "' j IC p 444 258 898 RECEIPT FOR CERTIFIED MAIL NO INSURANCl COVERAGE PROVIDEO- NOI fOR INTERNATIONAi. MAIL (See Reverse) p.,.,. .. $ C•rtifled FM Speclel Oellverv Fee Rntrlctitd Delivery Fee Return Receipt Showing to whom end Date Oellvtored Return Receipt Showing to whom, Date. and Address of Delivery Pottmerk. or D , / p 444 258 899 RECEIPT FOR CERTIFIED MAIL NO INSUflANCE COVERAGE PROVIDEO- NOT FOR INTERNATIONAL MAIL (See Reverse) $ Certified Fee SPtlCl•I Delivery FM Restricted Delivery Fee Return Receipt Showing to whom end Dete Delivered p 444 258 900 RECEIPT FOil CfRl IFIED MAIL NO INSURANCf COVlRAGl PROVIDEO- NOT FOR INTERNATIONAL MAIL (See Reverse) $ C.rtlfled Fee Specl•I Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom end Date Del lvered Return Receipt Showing to whom, ~ Date, end Address of Delivery °' -it;;:::;;::~:::::n=-:::r~~--'-'-'-""""'"1 .. ·~ .., ·e ,2 IC ------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p 444 258 901 RECEIPT FOH CERTIFIED MAil NO INSURANCE COVLRAGE PROVIOEO- NOT FOR INTERNATIONAL MAIL (See Reverae) S•ntto P.O., Certlfl9d F .. Special Delivery Fee Restrlctkt Delivery Fee Return Receipt Showing to whom end Date Delivered Return Receipt Showingtowhom, ~ Date, and Address o! Q.tilivery ,:~ p 444 258 927 RECEIPT FC'H CERTIFIED MAIL NO INSURANCl COVlRAGI. PROVIOED-" NOT FOR INTfRNATIONAL MAIL (See R•vene) ~~~~--~~~~~- Posuge $ Certified fH Special Delivery Fee Restricted Delivery Fae RMurn Aec•lpt Showing to whom end Date Delivered p 444 258 902 RECEIPT FOR CERTIFIED MAIL NO INSUHANCE COVfl\AGE PROVIDED- NOl fOR INTERNAl IONAL MAIL (See Reverse) Postege $ . Certlfllld Fee Speclel Dellvery Fee Restricted Delivery Fee Rsturn Receipt Showing to whom end D•t• Delivered -~ ~;..:::::.:=~~~----! ''!'.: TOTAL P i 1---~...,..._.....,.,....: ........... ~"""'f § ... -~ ... IC -~""° ....... lllW~m :!!...._ _____ _..i,LBOTT ENTERPRISES INC. ROSS L. TALBOTT' 6178 CO. RD. 335 NiW1EMUlfillt1NF iNo. .na m Apt.. 8J1te; P.O. iOK or h.D:-No.J ' " · '1 1. -----------------------------------------------~~~~~~~~~ SENDER: Complttt lttn 1, 2, 3 •nd 4. Put your addr .. In the "RE'fUAN TO,. lf)lee·on the reverte aide. F•llure to do thtl wlll prtYIJnt thlt cerd from a•no·-i~Mft-l.V .Y'. conoult poam-for felo llfld ch .. k bOxl•) for Hl'Ylco(1) roqu-. 4. Type of 8ttvtct: Artld• Nunr 1 'f' ttred 0 Insured ,117 l . fled 0 COD a;>z_.. -7 SJ'/- . PesiMlll · _ 1~~---1 i~7-~D•~tto~fi"Addr'.;;;?D!tMn*~ill'y;;j;ilaJ""""i ,., I ,,,,, !;·, '--~~~~~~~~~~~~~~ .._ ,J :""::'S~E-N~DE~ll-.-Co-mp-... -.-.. -.. -m-.. -,-. a-.-1-..... --4-. ----....., ·,1:.i,:I,,· .. :'.'·,···,·' =-~;.:1~G.at£ll::~iiiiiii!.T• ' ::\'elfi. Otntult9ostm91M1'1or tw•no dteck o1to1eC•I "Ii''""'~·, t'eQU .. ted. ,:fl •· ~towhom,•••ndeddNlfof~lvery. ~1-g I, 0 Restflct9d Oell\'t1'Y. !.:·'·l-:~::-.":A":n:':lcte':':'.'":,..:-d:-d:-r1_1_11d-:"l_l_:---.--..... ,~r,---...,,,.:-_.~ ... ~ .,, <:\<\'& 8 ...,(~ ; ' ',-\ ', ~ ,CD. 'rOJ...O'/- ·•• Type Of Service: Artlcte-Num ..,.. 8 '""''"" fled 000 KP<8S1Mall . Always olnain sign11ure of addressee .m.•oent 1nd I RE • v a I ,, Iii-~-:-~-"-.. -~-~-~-·:---...... -°"---"~-. V-·--.----~----r:.-·'-~-1" OtJ9 ;J., ~~ &'- 7?.t! I t:3(). $16'1? '· Ty" of Service: 'fl': I : I ·-a tmured lfled 0 COD 1q>reu Meil Artldt Numlter -.Pl/<;-:;.~ J'- 9$6 . ,, . ... f: ·1 7. O•t• ot Oelfverv lee:-. ;;,,.i.i•idd;;;..,;,.:;.,;;.,;:Ac:t;;;;; ... ;;.,.;;;-~i'Xlrt/ii4iiiiiiiliiiCl70wi'iiili11-i ' I iii '! .. jj .... ,... __________________ ... ~· , ""'· Ty" •f Service: ArtlcM 'Number llered B Insured P"fl./~ • "2>8-'JJ . lfied COD 1qtres1 Mail •· Addr ..... ·s Addrew I !I ' .. -. Alwevs obtain 1igneture of eddre11ee.ac.eeent and PATE QELIVEPlEP.' 4. ype of S91Vlce: Artlclt Number i I • i 1 § Registered 8 Insured Certified COD Expr81SMall 1~~~--l ifii:~:~:~~~~;.,~;l~De8'·;:1A:•d:dd.~; ... '0i7<1'Jllzli11'jl;fl!ii~iiill'J fl,.___~ -~--.,..-~-~~----- --- - - - - - --------·-------------------- ,,i·~~~~mrl 1'l .... _____ _;:;:=;:::.. ________ .....1 1. ~to whom, dliMend«k:INltof-delfverV. 2. a ...... 1c-o.i-,.. 1'.rtlcle Humber IP l'.£(1 ;is-&-~,,, __________ _J ________ ...:.....----~-- --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -~-------------------------------------------------~---~~--~~~~~~~~--, SENDER: Comp .... Items 1, 2, hnd 4, 2. D A11trlcttd Dellverv. 3. Article AddrwHd to: 4. Type of Servloe: Article Number lstered C Insured ,P' ~fl fl -ZC~ rtlfled C COD a.,..~ 1 Express Mall r '"'""' i~~~~n ''I--------.-~/ ---~-------------------------- - -_L 4. Type of Sorvlce: IJ ~ 81:1,"" Bi"'~MIU Artlclo u-r f t>a~ 7g7 ' 6"3i j.tTi~ 8~1 ~,.-A~dd ~~~ i~ ii:'''------~ ·f'.Ut"VOUf~ .tn tht "'RETV"N .'fO'~··illNC• on the -NWf'M..._, kUureto40<thlt..,.,lll~t1:hl1eerd from Mlftl fftUt'Mdto.you.: Tbf newm J'"'Rt:fM ·rd" woylft ··~r£1r~T.r'o!i'S:U.':.0' ·=-=;e:•· ltitOltmMtef • .,, ... M~.bQK,es) ·.for MN . ·r-.uenect. <if'' i 1. · 8howtowhom,ct.M-encl-eddtwtofct.1lvery, :ii la2i'.". ;o:;;;";"';-:"~1c;;;...,;;;1>o1;;--;;-v-:. ;;;--:--=-:-~~~1 ~~:u.,;::ji;IO JF. ~~~,,,,~ 111 ___________ ....,... ___ _. SEN,DER: COmplltelll11111,2,Sllld ... ' •· TvpeolSorvlco: -Nu- ~ 8 '""""' ;£J -t)D -e-. 7 3 7 COD ..L?•d -Moil ;.J ~ 21 Alwoys obtlln •lllnlturt ot lddr mua,...,.t lllld QATEDEUVEftEO.~ .. ~~~~~"i'.~2:~~ 1~~~ 1~~mrr;iiiiii~fif-i ·'1i'.' :'!1· ii:,, .... ~~~~~~~~~~~~~--' ~----.......----------L----------~~----------- ~~~~~~~~~~~~~~~~~-------------------------------- •. ,,."'" •• hvk:•: ~ftlied 0 '""'""' Hied 0 COD ExprOS1t.lall x 1. ·.om ot o.uv..-v '. 0 1'rtlcfti"Numfff' /?_{)fl~ _:JS'({ '9:3'5'"' • --------------- I ·~DER: Cclmplell1Ums1,2,88d4. r Pllt your add-In tll8 "RETURN TO" -on the , , ,...,. .. ,de. F•ll•re to dO thll wlll-t thll-trom i1'.il bolnt1i.~-!fiS·'· &1consuJt Pottm11terforfe.enc1 oheck box( .. ) tor..,.~-1 1. KowtolNhom,dateendecld,...ofdtUv1rv. 11'-:2~. -:a~· ":'R-:•-•"."r1c"."'""~-°"-='_' .. _•_v • ...,or------------------1 AIWIYI obt11n ••re ot eddr11111a_..t end QAIE QELIYl!!m: Put vour..Sdren: In the "'RETUR.N TQ" 1peM-on the Nftnl i)dt. F•llura to do this wlll prevent thl1 card from btln1 nltUrMd to Voll· ~!!:l!!!l\!! •. , th• :.: or to • Mrv ere 1va •· ContUlt Pottm91tef for, .. and oheck bOx(•) for ...,,lool•I roqu'lltlci. ' I. ~hom,datundocl-ofdfllv«Y. : 1· a. a -·oc11>e11-v. ··~~ 0¢ y-'$ ~ ~h, "· Tvpeof S.Vloo: Artlolo N•mbtr trod 8 ..... ..., !"" ¢.ti~ - 1ac1 coo :i cg - -Moll 1·~ ~~ ! 7. Doto 01 Dollvtrv l( _ I 8. Addr .... ·1 Add,._ I.____ _ ____. SENDER: Compltteltlms1,2.hnd4. Put your eddren In the "RETURN TO" spece·on the rewrH aide. Fallure to do thll wfll PffYfl1t thll card from belna NtUrned to you. · I h or• o • IYI 1 1. COMult POttmnhlr for ... Ind ohtok bOx(•) tor~lc•C•> •tld. I I I I 1. Show to whom, d1tt end edd,... Qf dtflYlfV, 2. D Rtltrlctld Delivery. to: ., Artldt Number ~e;-e,_.. 7'<7 5°.fi I 1~~~ ! 7. Date of Dell~rv I 8. Addr .... •'• Addr l....____---.-1 ------------------------------------------------------------- ,~· ... _, --~~~----_ _;_ ill BENDER: Complttelttms1,2,S.nd4. ti' .Put your 1ddrtn In tht "REtUAN To••spece·on the - 'i, I rtvtru 1tde. F•llure to do Jhll wlll prtVtnt thft card from ::f' I btlngnm1r~d'o'~~!'J!'!!P 'i .~ U.'fmjaa •••• ~. ;;j; -::::~.:,:':.-"'fort• end chlOk bOx(tl) ,, I 1. ~ow to whom, d1te end addrell of dellverv, g·~ _2_._o ___ R• __ .. _~_•tc1 __ °" __ '_'·-•rv __ . ______ ...,. __________ .,..-l I 3. Article AtklrtlHcl to: f · \. ~J>~·· .>lo).\ 7 Al-~ f'.(l, c I)'\)<£..., ~hl.-i I Qj.QMM. S'tll7 :·,, " ··~~ ----------~-----~...:.~c.. __ ,_.._ ~--'-" ----- 11ii~S~E~N~DE~R~:~Co~rnp~lltt~H~tt1~ms~,~.~:::8~111d~4.~~~~~ I Put your add,... In the "REtURN TO" IPecti on the ~ii. •Ill"' reverae 11de. FaUure to do thll wlll prevent this card from II Hli""1,.if.\Wi1Uill&'1' .. : TI. OONUlt p0$tmllter fort• •ftd chlCk bOx.(11) «" for~ requttted, . I 1. ow to whom, d ... and addrM, of dtUverv, 1....,,2_. _o_R_•_•_·1c_ted_Do1_•_vorv_. _________ ..-4 Alwayi obtain slgnet~re ot acid-Jltlgllflllnd DATE DELIVERED. ------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I i ;1!··1 I ' I"• . SENDER: Complete Items 1, 2, 3ond 4. Put ~our .. ddr ... In the ... RETUR.N TO .. 1paoe·q,n.th\t rev.rn-lld1. Fetture tO do thlt will prevent I• ceid irom Mino returned to vCMJ. 7. Detti of Article N 8 '""'"" P-1/ COD .i •• SEf>IDER: Complllll-1,2,3 Artlclelll•- OD'Z--7'ii7- 642- AIMys obllln 1lgnatu .. ol lddt lllllJll. .... I end QAI~DELIVERID. '''"' ·, May 12, 1986 Talbott Enterprises 5178 C.R. 335 New castle, co 81647 Attention: Ross Talbott Dear Mr. Talbott: 'Ibis letter will serve as confirmation that on April 24, 1986, the Garfield county Board of lldjustment, by a vote of 4 to 1, approved a variance from Section 5.07.10 of the Garfield county Zoning Resolution, Sign COde Section, to allow the construction of a 256 sq. ft. sign within the Apple Tree P.U.D., as further described in your application. Please note that all other applicable regulations of Garfield county must still be complied with. · If you have any further questions, please contact this office. Sincerely, .!X-?f~ Glenn Hartmann Planner GH/emh of P/% .lo.J 109 8TH STREET,+lllRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 ···-- • • • 1lill!lll' --:::. -": ~ " ·:-:§. USA (:. 22 fY'e5 f'A1" pc»'~ S'j tt el y- ,4~d 8'VS restde-<tctf' . 3 X '::J_/ I 011-3 .;!> 5-f(J · ,,}f- ;l ~ stt. 0u-'f ra-«c e. fro~ 0 s 6' d s'(!M, as s ("(° /// cf-von ]:-1 o c.<.-C>V o .s: .s. '1/1. e C&lo >"a cl o {{(veV', ,,,, .,·1~:--~· l I I • PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, } COUNTY OF GARFIELD. SS. Ext.;1,;, r ;t N2 17692 I. ........ ~<?.9..~:C:! .... <::., ..... I:I.~.!.§!.l,.~Y ...................................... do solemnly swear that I am ............. Gener.al ... .Manag.ei;: ....................... 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 ... ~P.;i;:JJ ..... 9-................. .A.D., 19 ..... !;l§., and the last publication of said notice was in the issue of said newspaper dated ............................ A.D., 19 ............ . In witness whereof I have hereunto set my hand this ..... 9..t.h ........ day of .......... APr.il ......... m .. , A.D., 19 ... 8.6 .. ........ ~£7~··~···'"'"""'"""""'"'"'"" Subscribed and sworn to before me, a no~blic in and for the County of Garfield, State of Colorado. this ............ 9-.t.h ................... day of ............ APr.il .................................. A.D .. 19 .... 8.6 .. . rY'-11. ) If... --./ ···················~·········~·-··········· Notary Public (SEAL) My Commission Expires ........ "/!:Y to'""''"'"' •·o'ces Cc!. 1, 1982 ············································································ 2014 Grand Ave., Glenwood Springs, CO. 81601 • • TIME: 3:30 P.M. BOARD OF ADJUSTMENT MEETING #146 AGENDA • PLACE: Garfield County Courthouse, Suite 302 DATE: Thursday, April 24, 1986 (1) Call to Order ( 2) Roll Call (3) Approval of minutes from October 24, 1985 and November 21, 1985 (4) Request for Variance from Section 5.07.09, size limitations of the Sign Code Section of the Zoning Resolution. Applicant: Ross Talbott (5) Adjournment :'.· . ::;,., .. .; . .. ~ . ~ Ex.]) • MEMBERS PRESEN!' Johri Tripp, diairrnan Mary Odell Denise Acee Larry Hazelton I.so Jamarron Allan Bowles • OOARD OF 1\00US'IMENT MEETIOO fl44 o:ltober 24, 1985 a:>tJNl'Y STAFF PRE.SENT Mark Bean, Planning Director Don DeFord, county Atty. Eleanor Haring, Record- ing secretary '!be meeting was called to order at 3:30 P.M. Mary Odell made a rootion to approve the minutes of J\Ugust 22nd as written, seconded by Denise Acee. I.so Jamarron made a rootion to approve the minutes of September 26th, seconded by Larry Hazelton. carried unaniroously on both rootions. Allan Bowles arrived at the meeting after roll call, John Tripp appointed r.so Jammaron as a voting member to conplete the quorum of five members. Mr. Tripp called on Mark Bean to introduce the agenda item calling for an interpretation of section 3.02.01, "retail establishment for the sale of goods processed from raw material produced on the lot". '!be applicant: Dan Kerst, attorney in behalf of Gene 'lbonpson, James H. Hurtig and James H. LUttrell concerning Planted F.arth, a greenhouse. Dan Kerst, Attorney, introduced into the record, petitions against the business signed by surrounding property owners, (list of names are on record as an exhibit), assesso •s map, photos of residences on the surrounding properties, copies of advertising run by Planted F.arth in the Roaring FOrk Journal, valley Journal the Bargain Hunter and telephone yellow page advertising by Planted F.arth as a contracting landscape business. Mr. Kerst referred to page 6, uses by Right in Garfield county zoning Resolution and to Paragraph 2, Page 2 in the same document regarding the scope of "goods processed from raw materials". Mr. Kerst read similar cases from the states of Pennsylvania, Georgia, Missouri, adding that this was a case of goods being sold that are not produced on the property, in an agricultural/residential zone. M. E. 'lborrpson, of 12750 Highway 82, spoke in behalf of 10 property owners stating that the area was a qiliet residential area and because of the greenhouse, property values have gone down 10% '!be cooler fans, plastic covered greenhouse could be an, eyesore and, in addition, a considerable traffic increase during the busy roonths, Mr. 'lbonpson's feeling is that a commercial business should be in an area zoned for commercial and retail, Mr. 'lbonpson said in agriculture, farmers do not buy and resell their products. He stated that the homeowners were in opposition to the trucking in of plants for immediate sale. Pete craven, attorney for the M::Carneys asked Mr. 'lbonpson the name of the appraiser who gave the 10% decrease but Mr. 'lbompson refused to answer, saying that it was not pertinent because it was not written. Arthur Jones, property owner at 12529 Highway 82, stated that he had a new home costing $300,000. He said that Mrs. M::Carney did a beautiful landscaping job on his place. Mr. Jones noted that he also helped the M::Carneys obtain some landscaping contracts in ASpen. At the time, the M:lCarneys stated that there would be one small greenhouse on the property and that the property was being utilized as a home base for a landscaping business that would be carried on throughout the valley, not as a retail business nor as a large growing source. -/- • • Mr. Jones noted that it was brought to the attention of the county authorities that a very large building was being placed on the llk::Carney property and that it was in excess allowed for the size of the acreage. Mr. Jones said, in the terms of ghetto language, it appeared to be "blockbusting". A series of meetings occurred after this, according to Mr. Jones, and then it was discovered that the llk::Carneys went next door and purchased ten acres to satisfy the conditions for the large building. Mr. Jones said he and the other neighbors are very concerned and they have all signed a petition against this activity. ) ll • • • Mary M::Carney, owner of Plan¥ F.arth 12744 Highway 82 spoke at this tl.llle regarding her love of plants and their plan to make Planted F.arth a showplace in the county. She' stated that it was a difficult business because of the shortness of the growing season and at the peak of the season, traffic at the greenhouse would involve only about 27 cars.She said it was a hope to carry Christmas wreaths in the season and also to sell cut flowers in the spring and sumner. Mrs. M::Carney said they hired senior citizens from Carbondale and paid a minimum of $5.00 per hr. She also said that they purchased plants from M::>untain Valley oeveloi;inental for resale which helped M::>qntain Valley with their projects. Mrs. M::CarnPy said they had a $~0,000 invesbnent too. l\JIYOng the items they like to sell as accessories are mountain peat, pots, bulbs, seeds and other such items. Mrs. M::Carney remarked that it was impossible to grow everything on the site. Mrs. M::Carney said there were several other businesses in the eounty such as theirs and all could be affected by the decision made at this hearing. Mrs. M:Carney felt that the mailboxes belonging to the property owners that use the road through the property could be moved so that there would be easier access as far as reading mail at the box and not blocking other traffic on the road. As far as noise from the coolers, the M::Carneys will use swamp coolers and with the noise of the traffic on !:My. 82 as exists, there should be no additional inpact. Mrs. M::Carney said they did not move into a subdivision with the business and their property is surrounded by dairy, wheat and cattle farms in tnis agricultural area. Mrs. M::Carney listed the names of property owners who are not against the greenhouse: Tingley, Joiners, Gerbaz and Dick Martin. Mr. w. E. Johnson spoke again saying that his only cooq>laint was that the business was comnercial/retail and the traffic did affect his private driveway. I I.arry Axthelm, owner of Spears rursery said that they had been in business since the early '60s. His concern was the possible ramifications it could have on nurseries in the area. Because of the growing conditions in the valley, most nurseries buy a great deal of nursery stock. NOrmally, his nursery sells: plants, soil, fertilizer, grass seed, mulch, decorative bark, gravel, edging, patio and stepping stones, etc. Olstomers expect this type of product to be available at the nursery. Pat M::Girr, West canyon Tree Farm, stated' that because of the short growing season, it is a nece~sity to bring in stock. A number of people in the audience spoke in support of the greenhouse and the availability of the products. Steve M::Carney said he felt the neighbors are not totally at odds. He said they have tried to rectify some of the problems that have arisen. Mr. M::Carney asked Mark if anyone had called with information to pass on. Mark Bean said he had two phone calls, one from Mr. Knight and one from Mr. Bullard who called in support since they felt it was beneficial to the area and that it was a clean industry. -:i.- • • oan Kerst then presented a letter from James and Laura Hartig to be filed with the exhibits, Pete craven said he disagreed with cases that oan Kerst presented as they were from out of state and are not binding in a Colorado court. Mr. craven said the residential character of the neig~borhood is there but under the zone district it is J\/RIRD, not residential. Jlqricultural uses are allowed and Mark Bean listed the uses in the Staff Report. Mr, craven remarked that when you buy property in this zone district, you do run a risk, for example, of a neighbor raising pigs. Mr. Craven indicated that greenhouse is specifically mentioned in the J\/RIRD zoning resolution and you can market what you raise and because of the short growing season, according to others in the same business, there is a need to purchase from outside sources. Mr. Craven said accessory items are expected to be available for purchase also. Mr. craven urged the zoning Board of Adjustment to support the Staff's interpretation. Ralph HUbbell, speaking for his brother who has property near Planted Earth, said a real concern was·having piles of railroad ties, gravel piles and heavy equipnent rooving everything around. He felt that there should be limits on heavy comnercial usage. Mr. Kerst said there is also concern on the part of the neighbors about what other type of operation could go in if the property would ever be sold, Mr. Tripp said the Board was very aware of that. Mary O::lell that this was an unusual request for the zoning Board of Adjustment and since it would have such far reaching effects that she would like to have time to think it over. Her rootion was to table the request until a Novent>er meeting. Mary MoCarney said it would be a time element for her coming seasons and would prefer something sooner.' After some discussion aroongst the menbers, it was decided to continue the meeting until Friday, OCtober 25th at 6:00 P.M,, in RPOm 302. Mary O::lell made the rootion and it was seconded by Leo Jalllllaron. !llaniroously approved. MEMBERS PRESEm' OONI'INUATION MEETIOO #144 Friday, OCtober 25, 1985 6:00 P.M. Johri Tripp, Chairman Mary O::lell, Vice Cl'lairman Larry Hazelton O'.XlNl'Y STAFF PRESENT Mark Bean, Planning Director DOn DeFOrd, County Atty. Eleanor Haring, Recording secretary Denise Acee Leo Janmaron Allan IbWles John Tripp opened the meeting stating that everyone had their say and the only carments would be from the County Attorney and the Board of Adjustment. Mr, Tripp said some discussion should occur aroongst the Board nent>ers. Denise Acee said since the business is already in place and other businesses in the area are well established perhaps some restrictions should be placed on the types of material associated with a greenhouse. Mark Bean mentioned to Denise that the zoning Board of l\Ojustment was to define the intent of the Zoning Resolution and there may be a difference between the intent and the way the zoning Resolution is written. -J- • • Larry Hazelton said the Board is only charged with interpreting the zoning law so nuch of the input was irrelevant and that many agricultural operations do sell retail off their property. Mr. Hazelton said he was supportive of sustaining the Planning Deparbllent's interpretation of the endeavor of Planted Earth. Mary Odell said she felt tile intent of the A/R/RD zone district is for farming and that many people like their residences in a ru~al setting. Mrs. Odell reconmended that the Board go along wit" the Planning oeparbnent comnents and sustain the Resolution as it stands. Mrs. Odell also felt that in the restructuring of the Resolution a zone district that is not as broad should be considered. Leo Janrnaron said he was comfortable with the greenhouse and the growing of plants, even with bringing plants in for further nurturing. 'Itle "gray area" of pots, etc. is something ~e has not completely resolved but maybe it could be settled later on. Allan Bowles informed the Board that he would not be voting since he missed part of the first meeting but his conment was that since greenhouses and nurseries are a use by right in this zone district, they should be allowed to sell what is normally allowed in greenhouses even though it borders on comnercial. or. Bowles said ranchers and farmers sell their products although there is some question in his mind regarding railroad ties and gravel. His comnent was to sustain the Planning Deparbnent's approval. John Tripp agreed that a greenhouse should be able to sell the accessory items out that a nursery is not a landscaping company. In his opinion, Mr. Tripp stated, it is an entirely different thing. Allan Bowles interspersed that it would come under horticulture. Larry Hazelton gave exanples of Spears NUrsery and West canyon Tree Farm doing landscaping as part of their operation. Denise J\cee asked if it were an agriculture related business would it be zoned differently. Mark Bean replied with a •no", bUt that it would be subject to a Special use permit which is discretionary with the Board of county Conrnissioners, who have the ability to deny the application. Mary Odell asked how it would be different than what is before them at this time and Mark said a greenhouse was a use by right. Mark Bean gave exanples, in reply to Mary Odell, of Special uses that have been approved in an agricultural zone district, a cattle sales barn in Silt and an agricultural equi?l19nt sales and auction yard. 'Itlere was a denial of a radio tower, als0 a gravel pit in Silt. Don DeFord said the greenhouse, nursery, home are all separate uses by right and they all can exist on the property in answer to questions by the Board. Mark Bean said there was not a question regarding the home on the property. Dan Kerst stated that was not part of the claim and it should be withdrawn. or. Bowles indicated that veterinarians sell things off their property that are not produced such as medicine and drugs. Mary Odell brought to attention the fact that agriculture thrives in this area and it should be fostered and people choose to ouild in an agricultural area. -~- • • Denise 1\cee wanted to knOlol the difference between a cannercial retail operation and the sale of agricultural products. Don O<>Ford said a greenhouse is specifically defined as a use by right in an agricultural zone. Other types of comnercial uses could not be in this zone. John Tripp said when people band together in opposition of something in a neighborhood, the zoning Board of J\djustment usually votes in their favor. 'lbe interpretation of this by the homeowners has a great deal of merit but it could affect many m:>re than the eight or ten who have objected to it and it could affect jobs and livelihood of the people who are in the landscaping, greenhouse business all over the County, even as far reaching as the rancher. Mr. Tripp said a lot of people might not come into the County because of this and we need all the people in agriculture that we can get. Mr. Tripp remarked that until this part of the zoning Resolution is drastically changed, he would, personally, have to go along with J\dministration in this case. Mark Bean informed the zoning Board of Adjustment that one of it's mandates is to interpret the regulations in effect and that the Board will establish an interpretation based on the language in the present regulations, not to say that any revisions might not come back to the Board, a year or two dOloln the road. Larry Hazelton made a m:>tion to sustain the interpretation of the Garfield County Planning Department in this issue. Mary Odell seconded the m:>tion. voting as follows: Motion carried. 'lbe meeting adjourned. Respectfully submitted, Denise 1\cee, secretary John Tripp Larry Hazelton Mary Odell Denise 1\cee Leo Jamnaron Yes Yes Yes Yes Yes ' ~VL'l.LL'flt.:I' ~""' VJ: l"U.llJU'-'.U"~'il.L • MEMBERS PRESENI' Johri Tripp, d'iairman Mary O:lell, Vice--Olairman Larry Hazelton Leo Jarrnaron Pete Cabr inha ~ ~ting f 145 Novenber 21, 1985 • CXXJNrY STAFF PRESENT Mark Bean, Planning Director Glenn Hartmann, Planner Eleanor Haring, Recording secretary 'Ille meeting was called to order by the Chairman at 3:30 P.M. Denise Acee and Allan Bowles were absent. John Tripp appointed Leo Janrnaron and Pete Cabrinha as voting menbers. Glenn Hartmann informed the menbers that the hearing was for a request for variance from Section 3.04.06(2lr rear yard setback. 'Ille applicants are Joseph and Phyllis Snoddy. Mr. Hartmann presented proof of j?Ublication from the Glenwood POst on the 5th of Novent>er, 1985, and return receipts from adjacent property owners, all 15 days prior to the meeting. Mr. Tripp said it was an addition to the back end of Mr. Snoddy's garage in West Glenwood and the request is for a rear yard setback of 5 feet rather than the required 25 feet. Mr. Hartmann stated that in addition to the rear yard setback, the lot is pre-existing and non-conforming , as far as lot coverage. 'lbe present proposal would bring the lot coverage to 45% and the maximum allowed is 35%. Glenn Hartmann referred to the Staff cooments 14, Major Issues and Cbncerns, noting Section 5.05.037 of the regulations would allow for an accessory building in the required rear yard setback provided that it is not attached and provided that \' 7 1/2 ft. setback would be maintained and that not more than 40% of the ear yard is covered. 'Ille addition would cover approximately 20%, but it would be attached. Mr. Hartmann said Staff's recomnendation is approval of the request with a 7 1/2 ft. rear yard setback and also approval of a variance from the maximum rear lot coverage. Pete Cabrinha asked if the lot coverage would include the existing metal shed. Mr. Hartmann said that it did 11Qt. 1 Mr. Bean said that in the proposed revisions to the zoning Resolution, the lot coverage issue has been discussed and in this particular area will probably be zoned a residential zone and the proposal is to have a 45% lot coverage so this request could be considered a tenporary variance until the regulations are revised. Pete Cabrinha asked Mr. Snoddy if he intended to keep the shed. Mr. Snoddy said that he would not as it was only a small, tin storage shed. Mr. Snoddy also said the 7 1/2 ft. setback would not be a problem. Mary O:lell made a motion to approve a variance allowing a 7 1/2 ft. rea yard setback and a variance allowing a 45% lot coverage. Pete cabrinha seconded the motion and it carried unanimously. 'Ille meeting was adjourned. Respectfully submitted, Denise Acee, Secretary DA/entl -I- :· hEE~J.~h!J!: ~9~b!;],Q!J: • • BOA 4/24/86 3:30 p.m. PROJECT INFORMATION AND STAFF COMMENTS for variance from size limitations Section of the Request 5.07.09, Sign Code Resolution. Section of the Zoning Ross L. Talbott A parcel located in Section 36, Township 5 91 West of the approximately 1/2 mile Castle on the south Colorado River, off 335. S 1/2 SE 1/4, South, Range 6th P.M. I west of New side of the of County Road The sign Apple Apple site consists location in Drive, within Tree Park PUD. of a Lot the proposed 280, West 87 acre §l5:!§'.!:lY9-]9Y.lY9 : PUD R/L/UD E.B.§YJ,Q.!J.§_~gyJ,yg : !:Ygh~.§Y'.!:-~9Y:!Y§: R-MH/G/UD, A/R/RD, O/S The applicant proposes to construct a 256 sq. ft. (32' x 8') joint business identification sign on property immediately adjacent to the Colorado River, for the purposes of identifying the mobile home park and commercial services available within the P.U.D. to motorists travelling on I-70. 1. That State Department of Highways has indicated approval of the proposal as an "on premise" sign. (See letter ~JJ. ,) In addition the sign must remain off the li1gnway right-of-way which extends to the south side of the river and be limited to identification of the park as a whole, with no individual businesses identified. 2. The P.U.D. plan for Apple Tree Park minimally addresses signs, only in the commercial district stating that on premises signs would be allowed. (See pages 1.::.£ ___ .) 3. The Apple Tree Commercial Center .currently has approximately three, apparently pre-existing signs identifying the Park and individual bus'inesses, located off of County Road 335. 4. section 5.f.07.10 of the Sign Code allows one free standing sign for pre-existing commercial P.U.D.'s, with one additional sign for each business within the development. It also references the underlying county zoning for sign code limitations for pre-existing P.U.D.'s. The underlying zoning, R/L/UD in this case would allow a maximum 6 sq.ft. temporary sign for construction, identification, or real estate purposes. 5. section 5.07.12 of the Sign Code discusses variances including the following points: avoidance of excessively large or tall signs, not granting variances which would allow an unfair advertising advantage, and limitation of the size, height, and location in conformance with the purpose of the sign. -I- • • 6. Section 9.05 discusses variances from the Zoning Resolution in general including but not limited to the following criteria: the variance be granted to the minimum extent necessary, with no detriment to the public good or intent of the regulations, and that the circumstances constituting the hardship not be caused by the applicant or general conditions within the district. The question as to whether this section is applicable to sign code variances has been referred to the County Attorney's office. 1. Review of a nationally recognized graphics code and supporting studies ( ".§.5!.S.S.li-.. 9!.9.P.!l.i.Si.§" by William Ewald, 9/77) indicates that tne proposed sign greatly exceeds the maximum amount of information a driver could safely absorb from any one street graphic, and as a matter of reference, would advise a 106 sq. ft. sign for a location along a 4 lane highway with a speed of 60 m.p.h. in a rural residential area. While minor variation would be expected based on site specific variables, this information generally supports the County's maximum size limit of 150 sq. ft. which is limited to those areas zoned commercially. 1. 2. That proper publication and required for the meeting Adjustment. public notice was provided before the Zoning Board as of That the meeting before the Zoning Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property. That such detriment impairing relief may be to the public the intent of the granted without substantial good and without substantially Zoning Resolution. Approval of a variance ,from Section 5. 07 .10 to allow placement of a 150 sq. ft. sign, subject to the findings and determination by the Board of Adjustment criteria for granting a variance has been satisfied. for the suggested that the VtW.~ fl-'('f~ ~ ?ed-ioN 5,ol. 10 'iv ~ ~ 2-5b sf· /,{-'7 5 N ow ~'·~ ~ -ff,.it(..(VO-" ~ rLM(nf: -,(- r'l-(~ ~ ()....c._ ,,._.. ,n1-~ ~ ,fL.._ .... , ,· • • . · .. •' ... -• -. . ... .·.. ... •·· ··.· .. ... . ...... ,' .... -•·;. . ·.•· ... · .. DEPARTMENT OF HIGHWAYS Grand Junction, Colorado 81502 (303) 242·2882 260 RA.~ ST, CRAIG, ()) 81625 Talbott Enterprises, INC. 5178 County Road 335 New Castle, 00, 81647 Al'rn: Ross L. Talbott ~ : _... . . ":' ' " ~ ... , :' ' ... . : .. ·. ··•• . '· .,,.. . : ' , . .' ... .' ( STATE OF COLORADO Decanber 13, 19811 RE: Your letter dated October 11, 1984; Propesal for a sip.:n located at Apple· Tree Pan, Dear Mr. Talbott, Please accept our apology for taking so nudl time to answer yo1.1r request. 'lhe process of tMldng sure your sip,n would be within the bounds of both Federal am State Statutes is a t:im!ly one, lhder present State Statute, your sign would appear to qualify as an "on-premise" s~ for the nDbil hone pal'k as a whole, Please remenber that an on premise sip;n can not in any way encroach upon the. Right-of-way of a public hiWlwaY. If we can be of any futher assistance please call or write, as we w::iuld be happy to w::il'k wit.'1 you in any way we can. cc: Eirix>den Sanburg file ...J - Sincerely, -• RESOLUTION No. 79-49 of County Commissioners, by its Resolution No. 77-56~ conditionally approved Apple Tree Park Planned Unit Develop- ment; and WHEREA~, the Board has observed that, at the time of the consideration of such request, the County was unable to specify the uses which were to be author.ized within the • various tracts within Apple Tree l'ark Planned Unit Develop- me~t or the restrictions to be thereon imposed, as required by the provisions of the then-effective Zoning Resolution of Garfield County,. at Sections 14.07.08 and 14.08.01, presently Sections 4.07.08 and 4.08.0l of the Garfield County Zoning Resolution; and WHEREAS, the Board has determined that the plan submitted for Apple Tree Park Planned Unit Development represented that four distinct uses would ~e made of various tracts in the Planned Unit Development, generally relating to commercial use, recreational use, a mobile home park, and open space1 WHEREAS, the Board has reviewed the plan of Apple Tree Planned Unit Development, and has determined those uses which were intended as a part of the plan,. and is required by Section 4.01:08 of the Garfield County Zoning Resolution to specify such uses by its Resolution approv- ing the rezoning of the area included in the Planned Unit Development1 and WHEREAS, the Applicant has requested such designa- tion as a part of final plat approval by the Board of .county Commissioners; NOW, THEREFORE, BE IT RESOLVED, by the Board of •• • County Conunissioners of Garfield County, that its Resolution No. 77-56 be and is hereby amended by the addition of the following condition to those largely included in said Resolution: <a> Uses within Planned Unit Development the various I si\all be as I tracts within the follows, in accordance I with the plan originally submitted to this Board: Tract A, which may be referred to as the Mobile Home Park District: 1. Mobile Home Park, in accordance with Mobile Home Park regulations from time to time adopted by the Board of County Conunissioners of Garfield ·county. 2. Buildings used directly for service and main- tenance of the mobile home park or for housing and maintenance of fire and ambulance equipment. Such buildings being limited to 25' maximum height and a set back of 25' from any local street and 10' from back and side lot lines. 3. Parks and other outdoor recreational facilities. Tract.B, which may be referred to as the Conunercial District: 1. 2. 3. 4. s. 6. Church, conununity building, day nursery, pre- school and other educational to include college extension and night classes, library. Health maintenance facilities such as clinic, dental, etc. Office for conduct of a business or profession, studio for conduct of arts and crafts. Conunercial establishments as listed provided all storage of materials shall be within a building or obscured by a fence: Retail estab- lishments including sale of food, beverages (non-alcoholic only), dry goods, automotive and vehicular equipment, hardware, clothing, feed, garden supply and plant materials, cosmetic and drug. ' Personal service establishments including barber or beauty shop, laundromat, photo studio, shoe repair, tailor shop, restaurant, reading room, p_rivate c.lub and indoor recreation. General service establishments including repair and service of automotive and vehicular equip- ment, service station and car wash, appliance repair, storage, conununications media • • .;,• Maximum lpt coverage in commercial zone1 85% including parking lots, drive~ays and buildings. Minimum set back1 1. Front yard 25' from lot line 2. Rear and side yard 10' or ~ the height of principal building, whichever is greater. 3. No structure shall be closer than 25' to the external boundary of the PUD. Minimum off street parking1 One space per 200 square ft. of gross leasable floor area (excluding storage area). Signs: Signs identifying the use of the premeses may be located on the lot but shall not be done in such a way as to constitute a hazard or nuisance (ie visual obstruction to traffic, excessive ~eight, bright flashing lights etc.). ·Temporary signs for sale or lease of property shall not exceed 12 sq. foot. Tract c, which may be referred to as the Park- Recreation District1 1. Public park and non-commercial recreation facilities. Tract D, which may be referred to as the Open Space District: 1. Park. and non-commercial outdoor recreation activities. Dated this 21st day of May, 1979. ATTEST: ;eP. _l- BOARD OF COMMISSIONERS GARFIELD COUNTY • ·.__ APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT __.. r' --/fl/,&/!'r c~£-t>e5 fa!~ . request(s) a applicant/owner(s) name variance to Section~~~.,5".!'°+-.0:;......Z~.-:;0~9..,._,,-,;".:"'::"T-:"::-:-::T":'."'.:"'~~-of the Garfield section number designation county Zoning Regulations concerning ..S-/&M s/2e ~-ty-p~e---o~f=--v-a-r~i-a_n_c_e~r-e-q-ue_s_t~e-a=--~~~~ to permit .L-n'if:... /~rli:LV 1'>£. A_ 2.Sd> ~ EL.__S/<f,t,L rc.J dfil;itv~ 7kd R.;;t?L -sflE7Ji7%2#E4>~rFAZ in the -OWNER /,,tf@7T b/r~P,(?JsES 1 .1/ve.. • Mailing Adress: sS/7/J /!.,e'. 535 ~.-A./ &rra; b '8161-7 Phone: 98f · :Z.11-.! PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (Example: One mile west of Silt on state Highway 6 & 24): ONc .II~ h,1q;: tV.ES/ 0 p l(/ev t!Asra ON rHE SZ?t.dfl S'I~ c>.e: r11e-&tt:>.&sW £/vFL. LEGAL DESCRIPTION OF SUBJECT PARCEL: PRESENT ZONING: _--"R. .... z....,&'-'-W._ll_/D.;;...V __ tA_w._'17" __ 22=....;;~;.._t-4_~;.....;UlP,........;...;.,~.,,;,-1A.,. •• ....;WT_· ------ METHOD OF SEWAGE DISPOSAL: Af. A. ;V. 4. APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED: ~,eE "917".Rt!#..GO -7- .. ·,'· ::~·;.;.: ~::," • • .. -.. ' ... -. ' • .. ' -.·; __ •. :· •.. ~ . .-;. <'. ; . ',. ·'• ' . ·-. ·' '· . . . \ · ............. :\ . ··:-. ·':·· ~ .• -· ... . . ( TALBOTT ENTERPRISES, Ross L. Talbott, Pretldent R. Mark Talbott, Vice President 5178 County Road 335 New Castle, CO 81647 303-984-2943 APPLE TREE PARK Earl Sheveland, M1n1ger April 3,1986 Apple Tree Park, along with the adjacent subdivision comprises a comiunity of approximately 1300 people and five busiiesses. At present there are no identifying or directional signs noticable from I-70. Apple Tree Park provides its own water and wastewater service,street milintainence, street lighting, trash reiix>val, policeing am dog control. Because of this minimal depen:ience on county services it provides a positive tax flew to the county. As you know, Garfield County is ecooomically depressed, par- ticularly the west em. Apple Tree Park am the businesses located there are no exception. We believe a sign is needed for the following reasons: 1. It l>JOllld assist people in fin:iing the park. 2. It l>JOllld enhance marketability of the park. 3. It l>JOllld strenghten the business located in Apple Tree Mall. We have requested an increase in size because the sign ll'l.ISt be lo- cated across the Colorado River from I-70 am therefore is nuch farther from traffic than 'lolOl.lld be necessary if the Park abutted the right of way. Thank you for your consideration. Ross L. Talbott RLT/am I • ' " .. ' . . ' . . . , ) .· .... · ... . ·: .. ~. .. .. .. .,,:~ ....... . . ;. . / .. ·. 'A • " "·'. _:'t· •.•.•. , •••• ,._., •. .. '• , ..... : ... -. ' · ... ; '._ :•r -~·-:<:· -~·;;·-~~--~.~4~:~t~~}~~r~~,~;·~,- .. ·~ .. -~ :~ : ' : '· .: ~ : ~ . : . ·. ·. E ... --!-....;;!. It . -i.--;,i i::...--1---;! ,_ !! • . .. _., ..• • .. • • ' , . • • f. ,. , .. •', .. -.. ··,, . . .... : ~·-;~Wit*V'.,;-~;;· .•·.·· · ( _:: ·. .. t' ··-· ·. ( A parcel of land situated in the S~SEll; of Section 36, Township 5 South, Range 91 West of the Sixth Principal Meridian; also in Lots 3 and 4 and. the SW~ of Section 3, Township 6 South, Range 91 West of the Sixth Principal Meridian, said parcel of land is described as follows: Beginning at the Northwest Corner of said Section 3, thence Southerly along the Westerly line of said Section 3, 2593.80 feet, more or less to the Southwest Corner of said SW"llW" of said Section 3i thence"Easterly along the Southerly line of said SW!an~" of said Section 3, 1320. 00 feet, more or less to the Southeasterly Corner of said SW"NW!i;; thence Northerly along the Easterly line of said SW"NW", 1320.00 feet, more or less, to the Northeast Corner of said SW!'1!l~"; thence North 200.00 fe~t, more or less to the Westerly right-of-way·line of a county road ··· .. ·as constructed and in place; thence Northeasterly along the Westerly ··right-of-way line of said county road to its intersection with the centerline of Alkali Creek as shotm on the amended map of the Mountain Shadows Subdivision on file in the Clerk and Recorders office of Garfield County, Colorado; thence N.81°30'00" W. 148.00 feet along said centerline; thence N.64°00'00" W. 117.00 feet; thence N.58°20'00" w. 177.00 feet; thence N.47°00'00" W. 148.00 feet; thence N.31°40'00" W. 227.00 feet; thence N.81°38'00" w. lll.93 feet; thence N.52°07'12" w. 245.07 feet; thence N.19°35 1 00''. E. 125.00 feet; thence N.52°25'00" ·w. 175.00 feet; thence N.37°15 1 00'! W. along said centerline of said Alkali Creek, 292.00 feet to a point· in the center of the Colorado River; thence S.47°00'00" W. 374.30 feet, more or less along the centerline of said river; thence S.44°49'40" w. 203.97 feet along said centerline; thence S.36°53'00" E. 202.72 feet along the centerline of said river to the Northwest Corner of said Section 3, the point of beginning. The above described parcel of land contains '57.~9 acres, more or less. -II-- .. . .. . ' ... : ... , .- • • . . . ~-... ' ···.=o.--:··:• __ ...... . -. . ; .-.. :~~ .... .. ;.• . ,-.. .. · .. •f<,' ' '· ,.·. ' : .-: . . .. . '. . ( ~JJJ!!J_C_ NOT I CE Take Notice that ~/btJf-l _ _ff._(L&::!:.ec.!.s~.? __ 7/;~'--· _ (has) (:ba:e.) 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: ::5"°~G uHaehu/ Practical description (location with respect to highways, ~ounty roads and residences): 0/J<-Aa1.f {V~ /n/k.-vc.Ji:.5-I 0 ./" ,11/.UV t!b.srle. OI'> rA.c... .soul/; sl'c/L o/ ,tAe.--l!.P/cntt:lo ~ve-r: . ......... ,•· ' , '' .. •,~- Said ·variance requested is to permit the Petitioner(s) Ii::> PtlU!L a.. .Z~~ .<:<?·.ff. usa 1d?ar1{w/19 tAt:. -W~-/, ... ~ .... " ... ·~~,4,~~r_,,,C. _______ ,_- 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 Qrant or deny the request for variance. This variance application may be reviewed at the Planning Department Office located at Suite Joi, Garfield Co1.mty Cburthouse, 109 8th St., Glenwood Springs CO 81601, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. A public h~ing on the application for the above variance has been set for the Zf .;;, day of ,qer1/ , 19 tJ6 at the hour of s: EO /!M., in the camu.ssioner's meeting roan, sUlte 301, Garfield County Cburth:>use, 109 8th St., Glenw:x>d Springs, a> 81601. SCALE IN FEET 29011 0 0: .. , 200 I I I I .. . . CONTOUR iNTERVAL -2 . FEET . 400 . I . •, 5532 RIVER ( L, ' I i I DEPARTMENT OF HIGHWAYS 260 Ranney Avenue Craig, Colorado 81625-2808 (303) 824-5104 APRIL 21 , 1986 GARFIELD COUNTY • GARFIELD COUNTY ZONING DEPARTMENT 109 8TH ST., SUITE 303 GLENWOOD SPRINGS, COLORADO 81601 ATTN: GLEN HARTMAN • STATE OF COLORADO RE: REQUEST FOR VARIENCE BY TALBOTT ENTERPRISES INC. DEAR MR. HARTMAN: This letter is to confirm our telephone conversation on April 18, 1986. The sign Mr. Talbott is requesting would be considered a legal on-premise sign as long as its message advertises the mobile home park and its facilities as a whole, and that the sign, any landscaping or any part of its structure in no way encroaches on State property. If you need any further information, please feel free to call. EKD/nb CC: Sanburg Einboden File YOURS TRULY, J. Bryce Sanburg Maintenance Superintendent By Ed~~~ Roadside Advertising Inspector hEEb.!_ghY.'.!' : _!,.Q_g!f~.!9Y : -------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - - - - - - - - - - - - - -- ---,. - - • • BOA 4/24/86 3:30 p.m. PROJECT INFORMATION AND STAFF COMMENTS for variance from size limitations Section of the Request 5.07.09, Sign Code Resolution. Section of the Zoning Ross L. Talbott A parcel located in section 36, Township 5 91 West of the approximately 1/2 mile Castle on the south Colorado River, off 335. S 1/2 SE 1/4, South, Range 6th P.M.; west of New side of the of County Road The sign Apple Apple site consists location in Drive, within Tree Park PUD. of a Lot the proposed 280, West 87 acre .!'i15.!§.'.!'.!YSLXi9Y.!Y9 : l?B.!'i~.!9!1.§_Xi9Y.!Y9 : hQgh_g.!'iY1'-Xi9Y.!Y9: PUD R/L/UD R-MH/G/UD, A/R/RD, 0/S The applicant proposes to construct a 256 sq. ft. (32' x 8') joint business identification sign on property immediately adjacent to the Colorado River, for the purposes of identifying the mobile home park and commercial services available within the P.U.D. to motorists travelling on I-70. 1. That state Department of Highways has indicated approval of the proposal as an "on premise" sign. (See letter tfj[,~~~~·> In addition the sign must remain off the highwa¥ right-of-way which extends to the south side of the river and be limited to identification of the park as a whole, with no individual businesses identified. 2. The P.U.D. plan for Apple Tree Park minimally addresses signs, only in the commercial district stating that on premises signs would be allowPcl. (S•'e pages 1..::J11 ___ .) 3. The Apple Tree Commercial Center currently has approximately three, apparently pre-existing signs identifying the Park and individual bus'inesses, located off of County Road 335. 4. Section 4.07.10 of the Sign Code allows one free standing sign for pre-existing commercial P.U.D.'s, with one additional sign for each business within the development. It also references the underlying county zoning for sign code limitations for pre-existing P.U.D.'s. The underlying zoning, R/L/UD in this case would allow a maximum 6 sq.ft. temporary sign for construction, identification, or real estate purposes. 5. Section 5.07.12 of the Sign Code discusses variances including the following points: avoidance of excessively large or tall signs, not granting variances which would allow an unfair advertising advantage, and limitation of the size, height, and location in conformance with the purpose of the sign. -/- • • 6. Section 9.05 discusses variances from the Zoning Resolution in general including but not limited to the following criteria: the variance be granted to the minimum extent necessary, with no detriment to the public good or intent of the regulations, and that the circumstances constituting the hardship not be caused by the applicant or general conditions within the district. The question as to whether this section is applicable to sign code variances has been referred to the County Attorney's office. 7. Review of a nationally recognized graphics code and supporting studies (".§.5!~S.t~~9!l!B1Jj_g.§" by William Ewald, 9/77) indicates that the proposed sign greatly exceeds the maximum amount of information a driver could safely absorb from any one street graphic, and as a matter of reference, would advise a 106 sq, ft, sign for a location along a 4 lane highway with a speed of 60 m.p.h. in a rural residential area. While minor variation would be expected based on site specific variables, this information generally supports the County's maximum size limit of 150 sq. ft. which is limited to those areas zoned commercially. 1. That proper publication and required for the meeting Adjustment. public notice was provided before the Zoning Board as Of 2. That the meeting before the Zoning Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property. 4. That such detriment impairing relief may be to the public the intent of the granted without substantial good and without substantially Zoning Resolution. Approval of a variance from Section 5,07.10 to allow placement of a 150 sq. ft. sign, subject to the findings and determination by the Board of Adjustment criteria for granting a variance has been satisfied. --<- for the suggested that the -·:{•' .. • • .. ,_ ...... ·' ...... -. , . ··~.~· ~.·,,; · .. -.~k.~~f~i;c:~·.··~~-;'~~ .. ~~~:·:'·:'.,.::<'' ., ; ' ;."·,· .. ,/. ,• ( DEPARTMENT OF HIGHWAYS Grand Junction, Colorado 81502 (303) 242-2862 260 RA.~ ST, CRAIG, 00 81625 Talbott Enterprises, INC. 5178 County Road 335 New Castle, 00, 81647 ATI'N: Ross L. Talbott ... · .. , ' . , .' • '· . ·.~. • • ,:. . . ' i,' .. _ • .' ': ( STATE OF COLOR.ADO fucenber l '3, 19811 RE: Your letter dated October 11, 1984; Propesal for a sipn located at Apple Tree Parl<, Dear Mr. Talbott, Please accept our apology for taldnri; so much t:lm:! to answer your request. The process of 1Mld.ng sure your sign 'WOUld be within the bounds of both Federal and State Statutes is a tinely one. thder present State Statute, your sign w:iuld appear to qualify as an "on-premise" sign for the llDbil hone park as a whole. Please remeni>er that an on premise sip;n can not in any way encroach upon the. Rir):l.t-of-way of a public highway. If 'Ive can be of any futher assistance please call or write, as 'Ive "WOuld be happy to 'WOrk wit:.11 you in any way we can. cc: Einboden Sanburg file ~J - Sincerely, ' .. .. ' ............ • RESOLUTION No, 79-49 • /fl!~ --.,"'---.. '--.._ "> '-, /Jt4'r "' (,• <" -~ "·•;' ' "' l,gl< /j j «,, '.9 ' ' "« ';_,. .. ,, i)/ .. ).·/, ... ~ . WHEREAS, on the 18th dav of July, 1977, the Board"</( of County Commissioners, by its Resolution No. 77-56, conditionally approved Apple Tree Park Planned Unit Develop- ment; and WHEREA~, the Board has observed that, at the time of the consideration of such request, the County was unable to specify the uses which were to be author.ized within the various tracts within Apple Tree l'ark Planned Unit Develop- ment or the restrictions to be thereon imposed, as required by the provisions of the then-effective Zoning Resolution of Garfield County, at Sections 14.07.08 and 14.0B.Ol, presently Sections 4.07.0B and 4.0B.Ol of the Garfield County Zoning Resolution; and ~mEREAS, the Board has determined that the plan submitted for Apple Tree Park Planned Unit Development represented that four distinct uses would ~e made of various tracts in the Planned Unit Development, generally relating to commercial use, recreational use, a mobile home park, and open space; WHEREAS, the Board has reviewed the plan of Apple Tree Planned Unit Development, and has determined those uses which were intended as a part of the plan,. and is required by Section 4.07.0B of the Garfield County Zoning Resolution to specify such uses by its Resolution approv- ing the rezoning of the area included in the Planned Unit Development; and WHEREAS, the Applicant has requested such designa- tion as a part of final plat approval by the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED, by the Board of • • County Commissioners of Garfield County, that its Resolution No. 77-56 be and is hereby amended by the addition of the following condition to those largely included in said Resolution: (Q) Uses within the various tracts within the Planned Unit Development shall be as follows, in accordance with the plan originally submitted to this Board: Tract A, which may be referred to as the Mobile Home Park District: 1. Mobile Home Park, in accordance with Mobile Home Park regulations from time to time adopted by the Board of County Commissioners of Garfield ·county. 2. Buildings used directly for service and main- tenance of the mobile home park or for housing and maintenance of fire and ambulance equipment. Such buildings being limited to 25' maximum height and a set back of 25' from any local street and 10' from back and side lot lines. 3. Parks and other outdoor recreational facilities. Tract B, which may be referred to as the Commercial District: 1. Church, community building, day nursery, pre- school and other educational to include college extension and night classes, library. 2. Health maintenance facilities such as clinic, dental, etc. 3. Office for conduct of a business or profession, studio for conduct of arts and crafts. 4. Commercial establishments as listed provided all storage of materials shall be within a building or obscured by a fence: Retail estab- lishments including sale of food, beverages (non-alcoholic only), dry goods, automotive and vehicular equipment, hardware, clothing, feed, garden supply and plant materials, cosmetic and drug. 5. Personal service establishments including barber or beauty shop, laundromat, photo studio, shoe repair, tailor shop, restaurant, reading room, P.rivate c.lub and indoor recreation. 6. General service establishments including repair and service of automotive and vehicular equip- ment, service station and car wash, appliance repair, storage, communications media. • • Maximum lot coverage in commercial zone: 85% including parking lots, driveways and buildings. · Minimum set back: 1. Front yard 25' from lot line 2. Rear and side yard 10' or ~ the height of principal building, whichever is greater. 3. No structure shall be closer than 25' to the external boundary of the PUD. Minimum off street parking: One space per 200 square ft. of gross leasable floor area (excluding storage area). Signs: Signs identifying the use of the premeses may be located on the lot but shall not be done in such a way as to constitute a hazard or nuisance (ie visual obstruction to traffic, excessive height, bright flashing lights etc.). ·Temporary signs for sale or lease of property shall not exceed 12 sq. foot. Tract c, which may be referred to as the Park- Recreation District: 1. Public park and non-commercial recreation facilities. Tract D, which may be referred to as the Open Space District: 1. Park and non-commercial outdoor recreation activities. Dated this 21st day of May, 1979. ATTEST: BOARD OF COMMISSIONERS GARFIELD COUNTY • ·' RECORD OF CONVERSATION FURTHER ACTION REQUIRED: __________________ _ April 7, 1986 Ross Talbott 5178 County Road 335 • GARFIELD COUNTY PLANNING DEPARTMENT New Castle, Colorado 81647 RE: Talbott Enterprises Inc. Sign Variance • A hearing date for your variance request has been set for April 24, 1986 at 3:30 p.m. It is your responsibility to send a copy of the enclosed variance request hearing notice to all landowners within 200 feet of your property boundaries, at least five (5) days prior to the hearing date. 'Ihe property boundary being the entire PUD. 'Ihe notice has to be sent by return receipt mail. 'Ihe return receipts have to be presented as evidence on the date of the hearing. If you do not· get all of the return receipts, it is a good idea to have the mailing receipts date stamped and have them available at the hearing to prove that an attempt to mail the notice was made. It will be necessary to send these notices out no later than April 18th to meet the deadline. we always advise people to send them out earlier than the last day possible, to avoid any potential conflicts. If you have any questions about the procedure, feel free to call or write to this office at your convenience. Sincerely, -~-- Mark • Bean Planning Director MLB:pj H STREET, THIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601 • April 7 t 1986 Ross Talbott 5178 Cl:>unty Road 335 GARFIELD COUNTY PLANNING DEPARTMENT New castle, Cl:>lorado 81647 RE: Talbott Enterprises Inc. Sign Variance • A hearing date for your variance request has been set for April 24, 1986 at 3:30 p.m. It is your responsibility to send a copy of the enclosed variance request hearing notice to all landowners within 200 feet of your property boundaries, at least five (5) days prior to the hearing date. '!he property boundary being the entire PUD. '!he notice has to be sent by return receipt mail. '!he return receipts have to be presented as evidence on the date of the hearing. If you do not get all of the return receipts, it is a good idea to have the mailing receipts date starrq:ied and have them available at the hearing to prove that an attempt to mail the notice was made. It will be necessary to send these notices out no later than April 18th to meet the deadline. we always advise people to send them out earlier than the last day possible, to avoid any potential conflicts. If you have any questions about the procedure, feel free to call or write to this office at your convenience. Sincerely, .~-- Mark • Bean Planning Director MLB:pj to9 BTH STREET, THIRD FLOOR 945-62121625-5571 GLENWOOD SPRINGS, COLORADO 61601 • • APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT M@ff £~,el.>E;f JN~· request (s) a applicant/owner(s) name variance to Section 5.0Z 09 of the Garfield section number designation County Zoning Regulations concerning~~...r'.~/6'.=-=-IU'~~.S'--/2~e~~~~~~~~~~ type of variance requested to permit 711~ /'~rltU!/ ().C L'9 2.S~ S?Q. EL.. S/,(,AL_ w 1¥Am6;v~& A>&· t?APL -sfig ,i;1nJi&.eii{:fir& ---OWNER 1"'1L&?7T b/r_aeP,it?/sE.>; .Eve...-. Mailing Adress: :S/78 (!.,e. 555 #-c-A.I &sr~ b &161-7 Phone: 981 -2 '11-.J PRACTICAL DESCRIPTION OF SUBJECT PARCEL: (EKample: on State Highway 6 & 24) : c:>..ve h"~ ~/Lfi' CVIE'ST ON THE S17tfifl S'lt'>L! C)~ LEGAL DESCRIPTION OF SUBJECT PARCEL: One mile west of Silt or /(/.ev t'llsr.r::e r11r &1-0~ lf/v.FL . PRESENT ZONING: ---'R-'=z'""-&..._W._lt_/i:_.v __ tfl_W._'d_....;12~e:t_l4_~;;_~__;;...;~;....-t..;...~.;.·WI...;._ ______ _ METHOD OF SEWAGE DISPOSAL: Af, /J, .N. 11. APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED: ,;;;;..,eE 19TrAt!-#.E0 -7~ .•. ' - - - - - - - - - - - - - - - - - - - - - - ---------- - - - - - - - - - - - - - - - - - - - - - TALBO~T ENTERPRIS~, Ross L. Talbott, President R. Mark Talbott, Vice President 5178 County Road 335 New Castle, CO 81647 303-984-2943 APPLE TREE PARK Earl Sheveland, Manager April 3,1986 Apple Tree Park, along with the adjacent subdivision comprises a cormunity of approximately 1300 people and five busiiesses. At present there are no identifying or directional signs noticable from I-70. Apple Tree Park provides its own water and wastewater service,street maintainence, street lighting, trash rerroval, policeing and dog control. Because of this minimal dependence on county services it provides a positive tax flow to the county. As you know, Garfield County is economically depressed, par- ticularly the west end. Apple Tree Park and the businesses located there are no exception. We believe a sign is needed for the following reasons: 1. It would assist people in finding the park. 2. It would enhance marketability of the park. 3. It would strenghten the business located in Apple Tree Mall. We have requested an increase in size because the sign rrust be lo- cated across the Colorado River from I-70 and therefore is rruch farther from traffic than would be necessary if the Park abutted the right of way. lhank you for your consideration. Ross L. Talbott RLT/am .· • DEPARTMENT OF HIGHWAYS Grand Junction, Colorado 81502 (303) 242-2862 260 RA.l>lNEY ST, CRAIG, CX> 81625 Talbott Enterprises, INC, 5178 County Road 335 New Castle, ro. 81647 ATI'N: Ross L. Talbott • STATE OF COLORADO RE: Your letter dated October 11, 1984; Propesal for a sipn located at Apple Tree Pat:k, Dear Mr. Talbott, Please accept our apology for takit\P.; so much tine to answer your request. The process of !Mking sure your siP,n would be within the bounds of both Federal and State Statutes is a t:inely one. lhder present State Statute, your sign w:>uld appear to qualify as an "on-premise" sign for the rrobil h<llle parl< as a whole. Please remenber that an on premise sip;n can not in any way encroach upon the Rir;ht-of-way of a public highway. If \-le can be of any futher assistance please call or write, as \-le w:>uld be happy to w:>rl< with you in any way we can. cc: Eirboden Sanburg file Sincerely, J. BRYIB SANBURG M<\INI'f.NA.. ~CE SUPERIN'IEND!Nl' BY:~ft.~(/.llr; . ROAOOIDE ADVEimSING L~SPECTOR ---------------... ---------.. . . · • ·.' ' ' . ... . . . ·. ~- ~ ,,,·, ... ~ ]·· "•c==-~~. ' . ·.· ' ·i ' j .. \ / • • ~.!Jl3LI_f_ NOT! CE_ Take Notice that 7b/6tJff____£(l{~ec.1.s~.5 __ 7/J~.-· _ (has) ~) applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Legal Description: ::S-e.~ tl~a~~ Practical description (location with respect to highways, ~ounty roads and residences): O/J<..-/Jail {V'l!-) mil~ wLS-1 0 .,£ _,l/~.J t!o.s-lle.. O/l r/,L-soufh sJc/L o/ I/,~ t!olonrclo /Yver: Said ·Variance requested is to permit the Petitioner(s)_ lo ;i/dt!L tL ,i5t:; ."><J·;.ff. S!j?O u:/ea:ti 1&/l,9 ;A~ -~~c:<-L..-£ ________ 1 _ 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 qrant or deny the request for variance. This variance application may be reviewed at the Planning Department Office located at Suite 3oJ, Garfield County O:>urthouse, 109 8th St., Glenwood Springs CO 81601, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. A public h~ing on the application for the above variance has been set for the 24 fh day of -'1er1/ , 19 86 at the hour of 3: t;o /!M., in the Ccmnissioner' s meeting roan, suite 301, Garfield County Courthouse, 109 8th St., Glenw:>Od Springs, ro 81601. ~;~~"! zp{~g&;~ Adjustment • • A parcel of land situated in the S~SEli; of Section 36, Township 5 South, Range 91 West of the Sixth Principal Meridian; also in Lots 3 and 4 and. the Sl~li; of Section 3, Township 6 South, Range 91 West of the Sixth Principal Meridian, said parcel of land is described as follows: Beginning at the Northwest Corner of said Section 3, thence Southerly along the Westerly line of said Section 3, 2593.80 feet, more or less to the Southwest Corner of said SWl,;m~li; of said Section 3i thence ·Easterly along the Southerly line of said SWli:NWli; of said Section 3, 1320.00 feet, more or less to the Southeasterly Corner of said SWl,;NWli;; thence Northerly along the Easterly line of said SWli:NWli;, 1320.00 feet, more or less, to the Northeast Corner of said SWl,;i'lWli;; thence North 200.00 feet, more or less to the Westerly right-of-way.line of a county road ·as constructed and in place; thence Northeasterly along the Westerly ··right-of-way line of said county road to its intersection with the centerline of Alkali Creek as shown on the amended map of the Mountain Shadows Subdivision on file in the Clerk and Recorders office of Garfield County, Colorado; thence N.81°30'00" W. 148.00 feet along said centerline; thence N.64°00'00" w. 117.00 feet; thence N.58°20'00" w. 177.00 feet; thence N.47°00'00" w. 148.00 feet; thence N.31°40'00" W. 227.00 feet; thence N.81°38'00" w. 111.93 feet; thence N.52°07'12" W. 245.07 feet; thence N.19°35'00" E. 125.00 feet; thence N.52°25'00" w. 175.00 feet; thence N.37°15'00" w. along said centerline of said Alkali Creek, 292.00 feet to a point· in the center of the Colorado River; thence S.47°00'00" W. 374.30 feet, more or less along the centerline of said river; thence S.44°49'40" w. 203.97 feet along said centerline; thence S.36°53'00" E. 202.72 feet along the centerline of said river to the Northwest Corner of said Section 3, the point of beginning. The above described parcel of land contains t57.39 acres, more or less. • " ,//Jf!J· I '----' -yo-. . SCALE IN 29011 ? t ?·· FEET 200 I • CONTOUR iNTERVAL -2 FEET . 400 I .... 5532 RIVER