HomeMy WebLinkAbout1.0 Application, Staff Report & Exhibits•
July 28. 1986
Swallow Oil Company
Box 868
Rifle, CO 81650
ATTN: Gary Swallow
Dear Mr. Swallow:
GARFIELD COUNTY
PLANNING DEPARTMENT
•
This letter will serve as confirmation that on July 24th, 1986
the Garfield County Board of Adjustment unanimously approved your
variance request from Section 3.07.06 (b) of the Garfield County Zoning
Resolution. The variance was approved allowing a 10' front yard set-
back for the purpose of constructing a 30' x 48' gasoline pump canopy
as proposed.
Please note that all other applicable regulations of Garfield
County roust still be complied with.
Please contact this office if you have any further questions or
concerns.
Sin~7f-~
Glenn Hartmann
Planner
gh
109 8TH STREET, THIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601
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PROOF OF PUBLICATION
GLENWOOD POST
STATE OF COLORADO, }
COUNTY OF GARFIELD.
SS.
Ex. A-
N~ 17975
I, ................... ~Q!?..~.i;::t ... G .•..... H~J.i>l.~Y. ........................... do solemnly
swear that I am .............. G~ner.<!.l .... Manag.er. ...................... 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 pr.:ivisions 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 \\'ithin the meaning of the la\vs of the State of
Colorado.
That the annexed legal notice or advertisement was published in
the regular and entire issue of every number of said newspaper for
the period of ....... ~ ....... consecutive insertions; and that the first pub_
lication of said notice was in the issue of said newspaper dated
. ... J.:U.lY. .... S. ................... .A.D., 19 ...... 86, 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 ......... 8th .. .
day of ··················~~-~-~---.-~~°!ZZ~·-····················
Subscribed and sworn to before me, a notary public in and for the
County of Garfield, State of Colorado. this ................ 8.tb ............... day
· of .................. J.JJ.l.Y. ................................. A.D., 19 .... 8.6 .. .
;(SEAL) ·········~····~······················ Notary Public
· ~ ·comm~n Expires ......... :~r. .. ~e>::::::!:.:!~.~ .. :::f:c~ .. <:'.~!: .. 1, .. !.?.?.?. ............ .
"
2014 Grand Ave., Glenwood Springs, CO. 81601
' I •
TIME: 3:30 P.M.
BOARD OF ADJUSTMENT
MEETING
#148
AGENDA
•
PLACE: Garfield county courthouse, Suite 301
DATE: Thursday, July 24, 1986
(1) Call to Order
(2) Roll Call
(3) Approval of minutes from May 22, 1986
•
(4) Request for Variance from Section 3.07.06(b), Front Yard
Setback.
Applicant: swallow Oil company
(5) Adjournment
;.1_ :,
:):~ ·'.
-~ ; ..
. ~' .
•
MEMBERS PRESENT
•
BOARD OF ADJUSTMENT MEETING
#147
May 22, 1986
John Tripp, vice-Chairman
Allan Bowles
COUNTY STAFF PRESENT
Glenn Hartmann, Planner
Eleanor Haring, Recording
Secretary Larry Hazelton
Pete cabrinha
Leo Jarronaron
3:30 P.M.
John Tripp called the meeting to order in the absence of Mary CX:lell,
Chairman. Denise Acee was also absent.
Larry Hazelton
written. The
unanimously.
made a motion to approve the minutes of APril 24, 1986 as
motion was seconded by Pete cabrinha and carried
ROYAL AND NANCY HAYWARD REX)UEST FOR VARIANCE FROM SECTION 3.02.06(1) (6),
FRONT YARD SETBACK.
'Ihe following persons were sworn in to testify: Royal Hayward, Nancy
Hayward, Dan Kerst, Fred Davidson and Cleyo Ferrin.
Glenn Hartmann ascertained that the proof of mailing had been established
to approximately · six adjacent landowners and there was discussion
regarding publication in the Glenwood Post. Dan Kerst, Attorney for the
Haywards, observed the notice in the Glenwood Post but did not have the
actual date. Mr. Hartmann said that submittal of the proof of publication
establishing adequate notice would be required but that the public hearing
could proceed.
Mr. Hartmann continued with the Staff Report stating that the request was
for a variance on a parcel of land situated in the NE 1/4 SE 1/4 Section
13, T5S, R91W and IJ:>t 3, section 18, T5S, R90W; approximately 4 miles
north of New castle off of county Road 241 at 1748 East Elk Creek. 'Ihe
site consists of approximately 3 acres with a private road easement off of
County Rd. 241. Mr. Hartmann said the applicant constructed a home on the
site, 22 ft. from the adjacent private roadway, failing to allow for the
25 ft. of front yard setback required by the zoning on the property. Mr.
Hartmann said that the Haywards were requesting a variance to allow the
present setback. 'lhe required setback is 25 feet.
Dan Kerst said that the easement in the road by the Hayward property had
been shifted to the north and the location of the property line had not
been changed, which is the centerline of the road and accordingly the
corner of the house is 22.6 feet from front lot line. Mr. Kerst remarked
that the Haywards built the home, certainly not to violate the setback
requirements, but that is, in fact, what happened. Mr. Kerst stated that
this has created a severe hardship especially since the Haywards are in
the process of refinancing and to do that they have to be in compliance
with county regulations. Mr. Kerst said that it was critical that this be
completed so that the refinancing could be completed to avoid dramatic
consequences tor the Haywards.
John Tripp inquired if there were homes across the road.
replied that there were none.
Mr. Hayward
Mr. Tripp asked Mr. Hayward if he built the home himself. Mr. Hayward
stated that he built the capp home after he put in the foundation.
Mr. Dan Kerst said that all the neighbors were very cooperative in helping
the Haywards solve this problem.
-1-
l
J, •
Mr. Hayward presented the Board with some
that it was a misunderstanding regarding
house out.
•
photographs of the house, adding
the lot line when he staked the
Dan Kerst asked that the photographs be an exhibit as part of the hearing.
Mr. Hartmann
A.
B.
c.
entered the following as
The Application
The Photographs
Proof of PUblication
exhibits:
Leo Jammaron made a motion to accept the exhibits which was seconded by
Allan Bowles. 'lhe motion carried unanimously.
Leo Ferrin, a neighbor, said he felt it wasn't the front yard setback but
rather the side yard.
Dan Kerst said what was being done does not affect the easement but rather
having the county grant a lesser setback. It is called the front yard
because of the road being the only one going by.
Fred D:lvidson, a neighbor, said he lives in the southwest part of the area
and this particular request does not affect him. He stated that he is
Secretary-Treasurer of the Harris Ditch and Road COnpany and said he had
received a lot of cooperation from the Haywards and would like
consideration given to their request.
John Tripp closed the public part of the meeting and referred the subject
to the Board of Adjustment.
Leo Jammaron stated that he was satisfied with allowing the adjustment.
Larry Hazelton had no further questions.
Pete cabrinha said he thought it was a good variance.
Allan Bowles had no problems concerning the variance.
Leo Jammaron made a motion of approval for the variance to allow a 22 ft.
front yard setback with the conditions and suggested findings in the Staff
Report and with the condition that the applicant submit proof of
publication in the Glenwood Post in compliance with Zoning Regulation
requirements.
Pete cabrinha seconded the motion and the voting was as follows:
John Tripp Yes
Allan Bowles Yes
Pete cabrinha Yes
Larry Hazelton Yes
Leo Jarrmaron Yes
'lhe motion carried unanimously.
The meeting adjourned
Respectfully submitted
Secretary
emh
-.2-
• •
BOA 7/24/86
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
I. DESCRIPTION OF THE PROPOSAL
Request for variance from Section
3.07.06(b) Front Yard setback.
Swallow Oil Company
A parcel of land situated in Lot
36, Section 1, T7S, R89W;
approximately 5 miles south of
Glenwood Springs at 6818 Hwy 82.
The site consists of approximately
2.04 acres.
Hwy 82 Frontage Rd. and county Rd.
114
commercial Limited (C/L)
commercial Limited (C/L)
A. Site Descripti.on: The site is located at the intersection of
county Rd. 114 and the Hwy. 82 Frontage Rd., with access
developed off of both frontages. A commercial building is
located on the site, including the Owen's Hue Mart Grocery and
Gasoline service. Adjacent land uses are primarily commercial.
B. ProJect Description: The applicant proposes to construct a 30' x
45' canopy area over the gasoline pump island on the site. The
canopy would extend to within 10' of the front property line.
The applicant is requesting a variance to allow the 10' setback.
II. MAJOR ISSUES AND CONCERNS
l . The lkt in question is both a
page J Development on the site
and requirements that corner lots
off both frontages.
corner lot and L-shaped. (See
is limited by the lot shape
maintain a front yard setback
2. While the applicant has not yet submitted any supporting
evidence, the placement of the gasoline pump island in its
present location approximately 40' from the commercial building
may be due to safety considerations.
3. The proposed canopy will be located 55' from the centerline of
the Hwy. 82 access road and approximately 200' from its
intersection with the county Rd. Based on these distances and
the canopy type construction, no additional impacts to sight
lines along these roadways is anticipated.
III.SUGGESTED FINDINGS
1. That the application for variance was found to be consistent with
the requirements and standards of Section 9.05 of the Garfield
County Zoning Resolution of 1978, as amended.
2. That proper
required for
Adjustment.
publication and
public hearing
-3-
public
before
notice was provided
the zoning Board
as
of
).
3.
•
That the public hearing before the
extensive and complete, that all
submitted, and that all interested
hearing.
IV. RECOMMENDATION
•
zoning Board of Adjustment was
facts, matters and issues were
parties were heard at the
Approval of a variance from Section 3.07.06(b) to
yard setback, for the purpose of constructing a
pump canopy, as proposed by the applicant.
allow a 10' front
30' x 48' gasoline
-1-
, , • •
APPLICATION
GARFIELD COUNTY ZONING BOARD OP ADJUSTMENT
Jc, ','IL t. "'"'-' cf>, L C,,, request(s) a
applicant/e· z {s) name
variance of the Garfield to Section, __ ..,......,......,......,......,......,......,......,....__,..,...._,....,......,.....,_..,......,......,......,....
section number designation f
County Zoning Regulations concerning /:-,("p",,-.J, .. ;r,3,,;,,x .~ /-''
type of variance requested
to permit..,....-=C~·~'~__:·J~·,?,:<.~;,r~u~c~r:;~,~,~~·:......-.::/:.',.--......:."".:-~-?7~c~·y~"~<..,....~~~Al~W':::..,:0~1::-..,....'9.:,z~~·!:d:.......:..J~,~,,~x::,,...~¥-·..,....:....../.~;--~,------
cl~Y .. .:.i1 7?1c L'"><.1.sTiNtt· i?K,-/" J-J'"""'" >' tJ4,I/,:· 41-Ce.. •. ..-,.__,.,,,. //"". /??A;rr-
in the zone district.
name of zone district ~vr-c{;,_ · ~{ C.~
Signature of applicant/o· .. ·uu (Ii)
A. / I• ~ .~d ·'Ye" r~~ ~P"'thJ...
Mailing Adress: /.'t.' 4.{~J( 'T .?9
2/1/.4 t;>o /t.~X/?..l ?./" .r,'/
Phone: )/J.-,2Jj' .J 0 I
APPLICANT J .. ·,.-l L O<-v\ v,c. c,.
Mailing addres~~:..,..........:.B_;..'~..,....~.f~(;~,~J-'..,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,...._
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LEGAL DESCRIPTION OF SUBJECT PARCEL:
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WATER SUPPLY:..,......,......,..........:.u~)_c_,_'..,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,......,...._
APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED:
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June 27, 1986
swallow Oil Company
Box 868
Rifle, a:> 81650
•
Attention: Gary swallow
Dear Mr. swallow:
GARFIELD COUNTY
PLANNING DEPARTMENT
•
Your application for a setback variance located off of Highway 82 has been
scheduled for a public hearing before the Board of Adjustment on July 24,
1986 at 3:30 P.M., in Suite 301, Garfield County Courthouse, 109 8th St.,
Glenwood $prings, a:> 81601. It is suggested that you be represented at
the time of the meeting.
Copies of the enclosed public notice form need to be mailed by certified
return-receipt to all property owners adjacent to or within 200 ft. of
your property no less than 5 days prior to the meeting. In addition, a
copy of the notice form needs to be published one time in the Glenwood
Post, 15 days prior to the meeting date. The receipts from the mailings
and proof of publication needs to be presented at the time of the meeting
or submitted to the Planning Department prior to the meeting. PUblication
should be completed by July 8th and mailing by July 18th to ensure
compliance. It is requested that you display the enclosed notice poster
on the site, to assist the Board of Adjustment in locating and reviewing
your request.
If you have further questions or concerns regarding the meeting or public
notice requirements, please contact this office.
Sincerely,
Glenn Hartmann
Planner
GH/emh
encl.
109 BTH STREET, THIRD FLOOR 945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601
• •
PUBLIC NOI'ICE
I Take Notice that swallow Oil Company has applied to the zoning !bard 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 Lot 36 of Section 1,
Township 7 South, Range 89 West of the 6th P.M.
Practical Description (location with respect to highway, County roads and
residences): Located approximately 5 miles south of Glenwood $prings at
6818 Highway 82, ONens Hue Mart Grocery.
Said variance request is to allow the Petitioner relief from Section
3.07.06(l)(B) to allow a 15 ft. front yard setback
on the above described property.
All persons affected by the proposed variance are invited to appear and
state their views, protests or objections. If you cannot appear
personally at such meeting, then you are urged to state your views by
letter, particularly if you have objections to such variance request, as
the zoning Board of Adjustment will give consideration to the comments of
surrounding property owners and others affected in deciding whether to
grant or deny the request for the variance. This variance application may
be reviewed at the office of the Planning Department located at 109 8th
Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado
between the hours of 8:00 A.M. and 5:00 P.M., 1-bnday through Friday.
'Ihat public meeting on the application for the above variance has been set
for the 24th day of July, 1986, at the hour of 3:30 P.M., in the
Commissioners Hearing Room, Suite 301, 3rd Floor of the Garfield County
Court House, 109 8th Street, Glenwood Springs, Colorado.
~!+~~
Planning Department
Garfield county
• •
APPLICATION
GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
applicant/eiZtS! (El name
request(s) a
of the Garfield variance to Section
~-s-e_c_t,..,...io~n~n-u-m~b-e-r~d...-e-s~i-g_n_a_t,..,...io~n~~~
County Zoning Regulations concerning F,,.c,"/-.J,.·/(3,,;,-x ./ /S'
type of variance requested
to permit:---:;C~-~~A~~~-}';<~~~·~·~7~;~,~~·~..:+.'~.....:.,.,.;._~~=""'<~·~~,.'"-!.~~~c~..-?.~:.t/~o:;.:;,1;:.-~~/9.<:'4~~~·::.<1.....:3~,~,,-x'::.,.r;;.,:.¥~~~./.~-;-~,~~~~
c,.y .. ::4 7t1£: 1...0:-x",sr;,.._;c 4..,.,...,,1' TJ t..,.,,,,...." ~ (24/v,.~-a1-t?e:.·,'""'/"· #tt<-' /jzd6'r-
in the
name of zone district
OWNER Ah'k T« ...,t'~,. -
zone district.
cftvr...&:..__, «2<.( G~
Signature of appl1cant/owP1u (11)
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Mailing Ad ress: /'c-· d_,_x .Y l 9 __;,~~"-'-'---'--~~~~~~~~~~~~~~~~~~~~~~~
Phone~:~--'(;~,~~~J-~_-_/_'7L---'b--'-~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LEGAL DESCRIPTION OF SUBJECT PARCEL:
j)t.f'S c,t,, /,--,,,.,_,
PRESENT ZONING:~~-~-..-_· _4~74.;,_;,_1~_~_,_c_,_~_t __ ~_t_·,_~_,_._/_c_4~~~~~~~~~~~~~~~~~~~~
WATER SUPPLY:~~~-u:;,,:_J_c_<_<~~~~~~~~~~~~~~~~~~~~~~~~
UTILITIES PROVIDED: ///,;/ 6n4, ~~~~~~"---~~~~~~~~~~~~~~~~~~~~~~~~~
APPLICANT'S REASONS WHY THE VARIANCE SHOULD BE GRANTED:
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RecorJed at .............. ~;· ....... : ... o'clock: ........... j,\o!., •••..•.......•..•..........•..•.....•...............•..••.•••...•••••....
Reception N . ......................................................................... J ............ Reeorder.
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........... \...\..' ... ~ .. ~l .. o ''~ .{~ ·~l:JI·~~ . ··,,[! ''..,... ; : .. ' ' . . -....... :' '.filisl~~~~ad\ ~ 5th day of November
~ t9SS<'(~tW~n, (. tiRE ;°'MART CORPORTION ~ \' \ \ '<·l.·tll~ \ > •' .......... "' ... ...... ·....; .r: •. \ .,i: "·· .. ··~ ..... ~ '; . ·'•, ('l.,,.1''"•"'' ·-~· ,, ... -" ('( \'\ ,. ,, ,,,, . . , ' ' ,,,, ' .
a co?jjcwa\IOJI duly organized and existing under and by virtue of the laws
RECORDER'S STAMP
of the State of Colorado
.. of the first part, and
NEUTZE, INC. ·~<i·,
a corporation duly organized and existing under and by virtue of the laws of the State of Texas xmit?;e
l6ROllllll:inaQ: and qualified and authorized to do business in the State of Colorado,
whose address is P.O. Box 479, Uvalde, TX 78801, of the second part,
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
'. Three Hundred ~ifty Thousand and no/100--------------------------------DOLLARS
........ .+ .... \';', . . ~· -.
; ... !-.': ~ ' : j
to the aald party of the first part In hand paid by the said party of the second part, the receipt whereof ls hereby
confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following
described or parcel of land, situate, lying and being In the County of Garfield
and State of Colorado, to wit:
A parcel of land situated in .Lot 36 of Section 1, Township 7 South, Range 89
West of.the 6th.P.M., Garfield County, Colorado, lying Westerly of the Easterly
line of said Section 1, Easterly of the Easterly right-of-way line of State
Highway No. 82, Southerly of the Southerly right-of-way line of County Road No.
114, and Southerly of the centerline of the Public Service Company's trans-
mission line, said Parcel, also partly described by Document No. 282247 of the
Garfield County, Colorado records, said parcel of land is more fully described
as follows: Beginning at an iron pipe with a brass cap properly marked for the
East Quarter Corner of said Section l; thence S. OO .. i5'00" W. along said Section
line, 269.75 feet to a point on said centerline transmission line, the TRUE
POINT OF BEGINNING; thence S. 00°15'00" W. 70.25 feet along said Section line;
thence N. 88°15'00" W. 369.28 fe(;lt to·a point on saidl>highway right-of-way line;
thence along said highway right-of-way line, N. 37°25'00" W. 40.62 feet; thence
N. 31°42'30" W. 251.30 feet; thence N. 58°17'30" E. 40.00 feet; thence N.
31°42'30" W. 52.20 feet; thence N. 37°25'00" W. 13.61 feet (record 13.98 feet)
to a point on said County Road right-of-way line; thence along said County Road
right-of-way line, 70.32 feet (record 68.69 feet) along the arc of a curve to
the right, having a radius of 327. 28 feet, the chord of whl.ch bears: N. 85 ° 32' 41"
E. 70.18 feet (record N. 85°44'15" E. 68.56 feet); thence S. 88°18'00" E. 19.62
feet; thence 141.27 feet along the arc of a curve to the right, having a radius
of 914.93 feet, the chord of which bears: S. 75°01'48" E. 141.13 feet; thence
leaving said County Road right-of-way line, S. 25°40'46" E. 272.55 feet to a
point on said centerline transmission line; thence S. 87°36'35" E. along said
center"iine, 180.00 feet to a point on said Section line, the TRUE POIXT OF
BEGINNING.
Subject to easements and rights of way of public record and reservations
and exceptions contained in United States Patents.
Granter hereby reserves to itself a drainage easement 10 feet in width
extending along the Southerly boundary of the property above described, which
easement shall be utilized for surface drainage only and for the sole benefit
for the parcel of property now owned by the GraQtOr and.which is continguous
to the Easterly boundary of the property above described and contains 1.05
acres, more or less, and is more particularly described as Parcel No. 2 in
Resolution No. 79-78 of the Board of County Commissioners of Garfield County,
Colorado. The Granter also reserves an easement and right of way for the
drainage of water from the 1.05 acre tract above identified onto the tract
of land herein conveyed, which drainage of water shall be carried to the
Southwesterly corner thereof by means of a drainage ditch. Grantee shall have
the right, however, to relocate such drainage ditch or to divert or otherwise
handle such drainage water in any fashion acceptable to it and which is not
detrimental to the Granter.
No. 994A. WARRANTY DEED-Corporntion to Corporl\tlon. -Bradford Publlshing Co., 1824-46 Stout Strttt, DE>nver, Coforado-2-i:?