HomeMy WebLinkAbout2.0 Staff Report BOA 06.25.18Garfield County Board of Adjustment
Public Hearing Exhibits
Gorman Setback Variance
( F i le VARA-O 2-1 8-8620)
Public Hearing - June 25,2018
Applicants: James Gorman, Lesley Gorman, Donald Gorman,
and Jacqueline Edgerly
L-L
Exhibit
Number
Exhibit Description
1 Public Notice Hearino lnformation Form & Attachments
2 Garfield Countv Land Use and Development Code, as amended
3 Garfield Countv Comprehensive Plan of 2030
4 Aoolication
5 Staff Reoort
6 Staff Presentation
7 Referral Comments from Garfield County Road and Bridge, Dated
Mav 10.2018
8 Referral Comments from Carbondale & Rural Fire Protection District
Dated Mav 1 1,2018
I Referral Comments from Mountain Cross Engineering, Dated May 29,
2018
10 Referral Comments from Garfield County Building Department, Dated
May 9, 2018
11 Applicant Email discussinq location of shed, Dated June 12,2018
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Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
REQUEST
APPLICANT / OWNER
LOCATION
SITE DATA
ACCESS
Setback Variance
James Gorman, Lesley Gorman, Donald Gorman, and
Jacqueline Edgerly
31 Sopris Avenue, Carbondale, CO 81623
0.323 Acres
Parcel No. 239328313004
Sopris Avenue
Residential / Urban (RU)EXISTING ZONING
I. PROPOSAL
The Applicant owns a0.323 acre parcel in the Satank area, west of Carbondale and accessed off
of Sopris Drive. The property is currently improved with one single-story frame house surrounding
a manufactured home, a garage, fences, and 3 sheds. The applicant has recently built fences that
exceed the required height allowed in the setback. Because the property is a corner lot and must
take Front Yard Setbacks from adjacent Right-of-Way, the house has been built in the setback.
Setback requirements in the Residential/Urban zone District are 25'in the Front Yard Setback and
10'in Side Yard Setbacks. A fence may be located in the Front Yard Setback in the
Residential/Urban zone district if it does not exceed 3' and in the Side Yard Setback if it does not
exceed 6'.
llPage
Site Plan
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Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
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Gorman Variance
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!I. HISTORY AND DESCRIPTION
The Gorman property consists of one 1680 square foot manufactured home that was built on the
property in 1967. Based on County records, it appears that the manufactured home was moved in
1982 (building permit 1637). The permit indicates that the file was closed in 1984 with no
Certificate of Occupancy. Consultation with the Chief Building Official indicated that at that time a
CO was likely not issued because the manufactured home was originally built in 1967 and under
prior Building Codes, manufactured homes were often not issued CO's. The permit for the house
was closed and there was no record of enforcement activity from the County. The house is built
within 12' of the property line as indicated by the Building Permit issued at the time. lt appears,
based on staff research of the Land Use Code in place that the required setback was not taken
from both property lines.
The applicant recently built a fence within the setback. Prior to fence construction, the property
owner spoke wlth Garfield County and received misinformation as to whether or not a 6' fence
could be built in the Front Yard Setback. The applicant then proceeded to build the fence based on
that information. Because the lot is bordered on two sides by a public right-of-way, the lot is
required to meet front-yard setbacks on both sides. ln the Residential / Urban district where the
property is located, a fence may only be 3' tall in the front yard setback. The side yard setback -
where the newly constructed 6'7" fence is located - is required to be no higher than 6'. The
applicant has requested a variance for both these fences as well as an associated gate. ln other
zone districts, applicants may apply for an Administrative review to increase the height of the
fence. This is not permitted in the Residential / Urban District, but is being considered by staff as
part of a future Text Amendment.
ln staff's review of the application the site plan showed that three sheds were possibly located in
the setback. Since initial review it has been determined that the northernmost shed is compliant
with setback requirements (Exhibit 11). The other two sheds are located in the setback and the
applicant has included them as part of the variance request. One of those sheds is a well shed and
the other is a storage shed. Both do not appear on the Assessor Records until 1985.
ln summary, the applicant is requesting a variance for two sheds, the house, the fences, and an
associated unbuilt gate.
III. REFERRAL COMMENTS
Staff referred the application to the following agencies and County Departments for their review
and comment. Comments received are attached as exhibits and incorporated into the
memorandum where applicable.
Garfield Countv Road and Bridqe (Exhibit 7):- The new fence does not obstruct site distance at the intersection of Sopris and County
Road 106. Road and Bridge has no concerns with the variance.
Carbondale & Rural Fire Protection District (Exhibit 8):
- No issues identified
Mountain Cross Enqineerinq (Exhibit 9):- The Applicant should research and verify what utilities and/or easements exist in the 25'
setback
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Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
Garfield County Buildino Department (Exhibit 10):- Fence does not require a building permit as it is less than 7'
Agencies who did not respond to the request for comments include the following:
Town of Carbondale and Holy Cross Energy
Public Comment
No public comments have been received on the application at this time.
IV. REVIEW CRITERIA
Variances require that all of the standards be met for a finding of approval. Staff recommends
APPROVAL of the Variance Request for the House, the utility shed, and the portion of the fence in
the Front Yard Setback. Staff does not recommend approval of the Variance Request for the
storage shed, the fence in the side yard setback and the gate.
Section 4-115 C., Review Criteria.
The following standards shall be satisfied for approval of a request for a variance from
specific regulatory provisions of this Code:
1. Special Circumstances or Conditions Exist. One or more of the following
circumstances or conditions exist with respect to the specific property:
a. Exceptional narrowness, shallowness, or shape of the property at the
time of the enactment of the regulation in question;
Staff Comment: The lot is neither narrow, shallow nor irregularly
shaped. The tot is rectangutar in shape and approximately 156 feet
by 90 feet.
Exceptional topographic conditions of the property; and
Staff Comment: Exceptional topographic conditions do not exist on
the propefty
Other extraordinary and exceptional situations or conditions of the
property.
Staff Comment Reqardinq Location of the House: lt appears that in
1982, the appticant followed all required building procedures and
review (Building Permit 1637). This resulted in a building permit
being rssued that atlowed the house to be located 12' from the
property tine and fhe subsequent closing of the permit- Staff's
research of the code at that time, shows that the setback should
have been larger than what was approved at that time. /f is possib/e
that there was a different interpretation of setbacks at that time, but it
is unclear from Staffs research of the 1978 Code. A building permit
was issued for the location of the structure.
b.
c.
4lFage
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
Staff Comment Reqardinq the Utilitv Shed: The well shed appears on
the 1982 building permit and was identified as fhe location from
which the newly re-located house would use water. The well has
been used since at least 1982 to supply water to the main residence,
and well equipment is currently stored in the structure. Utilities are
routinely located in sefbacks and the well shed contains
infrastructure assocrafed with providing water to the existing
residence, simitar to an electric transformer that may be located in
the set back.
Staff Comment Reqardinq the Fences: The applicant checked with
County Staff and received incorrect information on the dimensions of
the fence permitted within the setbacks. Based on this information,
the applicant completed construction of the fences. A fence is
permitted in the Front Yard Setback up to 3' in height and in the side
yard setback up to 6' in height. The installed fence in the Front Yard
Setback steps-down from 6' to 3'for the northern 32' in length. ln the
side yard setback, the applicant has indicated the fence is 6'7".
Because of the orientation of the applicant's house on a corner lot,
cars driving on County Road 106 had a direct line of sight into the
applicant's house prior to the fence being built. A 3' fence would not
be high enough for the applicant to have privacy in the yard or the
house. Because the property is a corner lot, it is required to take a
Front Yard Setback on any property line that adioins a Right-of-Way.
ln other zone districts, a fence may go through an Administrative
Review process to be higher than what is required. sfaff is working
on a proposed Code Amendment in this zone district to allow for a
similar Administrative Review process. Additionally, the edge of
pavement is approximately 12.5 feet from the property line according
to Garfietd County GIS information. This setback from the pavement
acfs as an additional buffer for the fence.
Staff Comment Reoardinq Gate. and Storaqe Shed: The storage
shed on the property is shown on the building permit that was rssued
in 1982. lt atso does not appear on the County Assessor records until
1985. From a search of County records it appears that the location of
the shed was never approved by the county and it has been built
within the setback. Additionally, there are other locations on the
propefty where a shed could be constructed and be compliant with
required sefbacks. The gate has not been constructed by the
applicant and a 3' gate could still be installed to enclose the yard. As
such, no extraordinary or exceptional conditions exist regarding the
gate or storage shed.
Not a Result of the Actions of Applicant. The special circumstances and
conditions have not resulted from any act of the Applicant.
2.
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3.
Gorman Variance
Boa rd of oo'
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Staff Comment Reqardinq Location of the House. Utilitv Shed and Fences:
As a building permit was rssued in 1982 for the relocation of the mobile
home, the special circumstances were not the result of an act of the
Applicant. Additionally, the building permit in 1982 clearly showed that the
utility shed would house well infrastructure and would be used to supply
water to the re-located structure. This permit uras r'ssued by the Building
Department at that time. The applicant checked with Community
Development staff prior to construction of the fence and received information
that the fence could be constructed in the setback. None of these
installations were a result of the actions of the applicant as the applicant
took the correct sfeps with the County, prior to construction.
Staff Comment Reqardinq Gate and Storaqe Shed: The applicant has not
installed the gate. The applicant purchased the property with the existing
sheds in location. Their location is not a result of the actions of the applicant.
Strict Application Consequence. Because of the special circumstances and
conditions found pursuant to section 4-115.C.1., the strict application of the
regulation would result in peculiar and exceptional, practical difficulties to, or
exceptional and undue hardship on, the owner of the property.
Staff Comment Reqardinq Location of the House. Utilitv Shed and Fences:
Strict application of the regulation results in peculiar and exceptional
practical difficulties on the applicant. Making the applicant remove the utility
shed (that has been used as proposed on a building permit in 1982), the
portion of the house in the setback (that was specifically approved by the
County), and the fence in the Front Yard Setback would result in peculiar
and exceptional difficulties. ln most other zone districts, an applicant is
permitted to go through an Administrative Review process to apply for a
fence that exceeds maximum height requirements. A Text Amendment to
the Land Use Code has been proposed that allows for that review process in
this zone district, however it has not been approved at this time. Additionally,
because the property is a corner lot, a 3' fence in the Front Yard Setback,
would not allow the applicant to shield the structure from the road and
maintain privacy.
The fence along the side yard setback is built to 6'7" as indicated on the site
plan. Requiring this structure to be compliant with fence height requirements
in setbacks, would not create a peculiar and exceptional difficulty for the
property owner as a 6' tall fence is allowed in the side yard setback in this
zone district.
Staff Comment Reqardinq Location of Storaoe Shed and Gate: No special
circumstances and conditions were found pursuant to Section 4-115.c.1 with
regards to the storage shed and the gate.
Variance is Necessary for Relief. The granting of the variance from the strict
application of the provisions set forth in this Code is necessary to relieve the
4.
6lPage
owner of the peculiar and exceptional,
and undue hardship.
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
practical difficulties or exceptional
Staff Comment Reqardinq Location of House, Utilitv Shed, and Fences: The
variance rs necessa ry for relief from the identified difficulties on the propefty.
Staff Comment Reqardina Storaqe Shed and Gate: As no practical
difficulties have been identified the variance rs not necessary for reliet
regarding the storage shed and gate.
Not Detrimental to the Public Good. Granting the variance will not cause
substantial detriment to the public good.
Staff Comment: The issuance of a variance will not cause detriment to the
public good. Ih,s ,s suppofted by referral comments from Carbondale and
Rural Fire Protection District and the Road and Bridge Depaftment who
indicated no issues with the proposed variance. No public comments have
been received on the application at this time.
Variance Will Not lmpair the County's zoning. Granting the variance will not
substantially impair the intent and purpose of this Code.
Staff Comment: Granting the variance would not be contrary to the code as
it is limited to this one variance request and the unique circumstances of fhis
application.
V. STAFF RECOMMENDATION
Staff finds the variance criteria has been met for the house, utility shed, and the portion of the
fence in the Front Yard Setback and recommends that the application be approved for those
specific structures. Staff does not recommend approval of the variance for the fence in the Side
Yard Setback, for the gate and for the existing storage shed.
VI. RECOMMENDED FINDINGS FOR APPROVAL
lf the board approves the variance application for the house, the utility shed, and the portion of the
fence in the front Yard Setback, Staff recommends the adoption of the following findings:
1. That proper notice was provided as required by the Garfield County 2013 Land Use and
Development Code;
2. That the review before the Board of Adjustment was extensive and complete, that all
pertinent facts, matters and issues were submitted and that adjacent property owners had
the ability to be heard regarding this request;
3. That for the above stated and other reasons, the proposed Variance is in the best interest
of the health, safety, and welfare of the citizens of Garfield County if recommended
conditions of approval are satisfied;
5.
6.
TlPage
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
4. That with the adoption of conditions, the application is in general conformance with the
2030 Comprehensive Plan, as amended.
5. That with the adoptions of conditions, the application has adequately met the requirements
of the Garfield County 2013 Land Use and Development Code, as amended.
VII. RECOMMENDED CONDITIONS OF APPROVAL
lf the board approves the variance application, Staff suggests the following conditions of approval:
1. All representations made by the Applicant in the application shall be conditions of approval
unless specifically altered by the Board of Adjustment.
2. No further encroachment into the setback beyond what is approved and identified on the
site plan is permitted by this variance request.
3. lt is recommended that the applicant check the location of utilities and easements in
regards to the improvements in the setback.
{ fne applicant shall remove the storage shed or relocate it to be compliant with setback
' requirements within 60-days of the Variance Hearing. The applicant shall supply a photo
and a statement indicating that this has been completed. Any request for an extension to
the time period shall be subject to the approval of the Community Development Director.
t
F The applicant shall lower the fence in the Side Yard Setback to be compliant with Land Use' and Development Code Standards within 60-days of the Variance Hearing. The applicant
shall supply a photo and a statement indicating that this has been completed. Any request
for an extension to the time period shall be subject to the approval of the Community
Development Director.
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8lPage
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
Vlll. Site Visit Photos
Well Shed
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Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
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101
Side Yard Setback Fence
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
11li::39*
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
Front Yard Setback Fence
121
Step Down Fence Front Yard Setback
Gorman Variance
Board of Adjustment - June 25,2018
Patrick Waller - Planner
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Couln$Gaffield
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitial ontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the 24 day of MaV , 2019
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means tlistl N/A
r Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
Notice was published on the 24 day of May , zOl t'
. Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice.
Notice was posted on the 25 day of Mav , zol-8
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
James Gorman
tr
6t12t2018
Ad #: 0000244150-01
Customer: CMNM LEGAL'S/HOUSE ACCOUNT,
Your account number is: 2927005
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
l, Samantha Johnston, do solemnly swear that I am
Associate General Manager of the RIFLE CITIZEN
TELEGRAM, that the same weekly newspaper printed, in
whole or in part and published in the County of GarField,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
unintemptedly in said County of Garfield for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as a periodical under the
provisions of the Act of March 3, 1 879, or any
amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State
flrtfl8E"g8i"r"d legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 'l insertion; and
that the first publication of said notice was in the issue of
said newspaper daled 512412018 and that the last
publication of said notice was daled 5l24l2o1B in the issue
of said newspaper.
ln witness whereof, I have here unto set my hand this day,
611212018.
Samantha Johnston, Associate General Manager
Subscribed and swom to before me, a notary public in and
for the County of Garfield, State of Colorado this day
6t1212018.
$*r**fltJ--
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
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EXHIBIT
+Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Michael Prehm
Thursday, May 10, 2018 3:50 PM
Patrick Waller
Rayjean Roman;Wyatt Keesbery; Dale Stephens
VARA-02-18-8620 Gorman and Edgerly Variance
Patrick,
ln doing a site visit, The new fence does not obstruct site distance at the intersection of Sopris and CR 106. Road and
Bridge have no concerns with this variance. Thanks for the opportunity to review.
Mike Prehm
Foreman
Garfield County Road & Bridge
Rifle, CO
(970) 52s-8601Office
Patrick Waller
From:
Sent:
To:
Subject:
Bil I Gavette < gavette@carbondalefire.org >
Friday, May 11, 2018 9:55 AM
Patrick Waller
Gorman and Edgerly Variance
Dear Patrick,
I have reviewed the application for the Gorman and Edgerly Variance. I have no issues with the proposal.
Thanks,
BillGavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.ca rbo nda lefire.org
970-963-249L
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MOUNTAIN EROSS
ENGINEERING. INC.
Civil and Environmental Conaulting and Design
EXHIBIT
Itu0oG qMay 29,2018
Mr. Patrick Waller
Garfield County Planning
108 8o'Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of the Gorman and Edgerly Variance Application: VARA-02-18-8620
Dear Patrick:
This office has performed a review
Variance Application. The submittal
generated the following comment:
of the documents provided for the Gorman and Edgerly
was found to be thorough and well organized. The review
o The Applicant should research and verify what utilities and/or easements exist in the 25'
setback..
Feel free to call if you have any questions or comments.
Sincerely,
Mountafr Cross Enefh e7ne, tnc.
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HJ(
Ct/rs Hale, PE |, \
826'/zGrand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F : 97 0.945.5558 www.mountaincross-eng.com
EXHIBIT
lo
From:
Sent:
To:
Subject:
Patrick Waller
Andy Schwaller
Wednesday, May 09, 2018 9:51 AM
Patrick Waller
RE: Garfield County Referral Request - Gorman and Edgerly Variance
Patrick,
Somewhat familiar with this property. Fence does not require a building permit since it is less than 7 ft. Mike will
review site distance but it does not appear to be a problem to stop at the stop sign and safely be able to see the road in
both directions.
Andy
From: Patrick Waller
Sent: Tuesday, May 08, 2018 3:57 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Michael Prehm
<mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-county.com>; jbuck@carbondaleco.neU Chris Hale
<chris@mountaincross-eng.com>; Rob Goodwin <rgoodwin@carbondalefire.org>; Bill Gavette
<gavette @ca rbonda lefi re.o rg>; rwinde r@ holycross.com
Subject: Garfield County Referral Request - Gorman and Edgerly Variance
Good Afternoon,
Garfield County Community Development is requesting referral comments for a Variance application submitted for a
property at 31 Sopris Avenue, Carbondale, CO 81623 (File No. VARA-02-18-8620). The application requests a variance
from setback requirements for a fence, three sheds, a gate and a house. A 25 foot front yard setback and a 10 foot side
yard setback from the property line is required. The applicant has built the fence on the property line and the house
encroaches into the Front Yard Setback. The sheds are existing and are built in varying proximities to the property line.
The property is zoned Residential/Urban.
The link to the application is available here.
Garfield County Community Development is requesting any responses to referral comments by Tuesday, May 29, 2018.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-L377 ext. 1580
pwa ller@ga rfield-countv.com
http://www.ea rfie ld-cou ntv.com/co m m u n itv-deve lo pment/
EXHIBlf
James Gorman <jgorman444@gmail.com >
Tuesday, June 12, 2018 6:24 PM
To:
Subject:
Attachments:
Patrick Waller
Re: Public notic
Form - Public Hearing Notice lnformation.pdf
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Thanks Patrick
The shed on the East side of 3l Sopris ave has been measured using stakes form the most recent survey and is
10'6" from the East property line and 12' from the South Property line Therefore should be removed from the
variance request as it does not sit in any setback.
Thanks
Attached is a copy of the Public Hearing Notice Information And a Copy of the Mail receipts.
James Gorman
(970)366-6rtt
On Tue, Jun 12, 2018 at 1:15 PM, Patrick Waller <pwaller@garfield- wrote:
HiJames,
Following-up, I was able to talk to our Admin Staff. We will need 9 copies of the Technically Complete application by
Friday. Also, in reviewing the photos of the posted notice, for some reason they are showing up blurry when I print
them, would you mind sending them to me again or possibly taking a close-up version where I can read that text?
I am stillwaiting on a copy of the certified mail receipts, the public hearing notice information form and a description as
to whether or not one of the sheds meets setback requirements.
I will be out of the office tomorrow through Friday, but will be able to check my email. lf you have any urgent
questions, you should give your front desk a call at 970-945-8272.
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