HomeMy WebLinkAbout1.01 ApplicationGarfield Coanty
Community Development Depârtment
108 8th Street, Su¡te 401
Glenwood Springs, CO 81601
(970) 94s-8212
www.sa rfleld-cou ntv.cqln
inistrative Review Development in 100-Year Floodplain
Review in 100-Year in Variance
Review Code Text Amendment
to an LUCP Rezoning
LIR IR SUP District I--IPUD DUD Amendment
Minor
of a Cou ROW of Administrative lnterpretation
and Extent Review and Act¡v¡ties of State lnterest
hensive Plan Amendment ât¡on Pursuant to Fair Housing Act
Development
Extension (also check type of original application)
Owner/Applicant
Name: Bedrock Resources, LLC p¡6¡g.1970 $25-2224
Malllng Address:P.O. Box 1167
City:s¡lt state: co Zip code:81652
E-ma frontierpaving@frontierpaving i nc. com
Representative (Authorizatlon Requlredf
Name: Garfield & Hecht, P.C.p¡6ns.¡970 1947-1936
Malllng Address:901 Grand Avenue, Suite 201
cit : Glenwood Springs _ shte: CO Zipcode: 81601
dmcconaughy@garf¡eldhecht.com ; hcarmer@garfieldhecht.com
Project Name:
560 CR 315 Notice of Violation Appeal
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Assessorr's Parcel Numbe¡: 2179 - 184 - 00 -720
Physical/Street Address:560 Gountry Road 315, Silt, Colorado
Legal Descrlptlon:35.72 acre tract located in Section 18 Township 6 S Range 92 W
as more fully described in the warranty deed recorded at Reception No. 802564
Zone Dlstrlct:Rural 35.72Property Slze {acresl:
RECEIVED
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GARFIELD COUNTY
CouNuHIrv DEVELoPMENT
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Existing Use:
Proposed Use (From Use Table 34031:
Descrlptlon of Proiect Appeal of Notice of Violation RE: property located at 560 CR 315, Silt, CO; see enclosed letter
For Appeal of Admlnistrative lnterpretation please include:
1. The Decision you are appealing.
2. The date the Decision was sent as specified ln the notlce {date malled).
3. The nature of the decision and the specifled ground for appeal. Please cite speclflc code sections
I and/or relevant documentat¡on to support your request.
ì ¿. rne appropriate appeal fee of $250.00.
j S. llease note a completed Appeal Appllcation and fees must be received within 3O calendar days
Submlsslon Requlrements
tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. [ist:
Section:
Section:
Section:
Section:
Walver of Standards
tr The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section:
Section:
Section:
Section:
I have read the statements above and have provlded the requlred attached Information which ls
accurate to the best of my knowledge.
6.? 6-äô e-o
S¡gnature of Property Owner or Authorized Representatlve, Iftle Date
FireNumbe*A,.&ÍA -ß?qf Fee Paid:AED,OO
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eld Cou
Community Development
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-82 I 2 Fax: 970-384-3470
June 17,2020
Bedrock Resources LLC
PO Box I 167
silt, co 81652-1167
Delivered Regular Mail and Certified Mail
Certified mîil#"l0t5 ã4lD Mt flot"f 1q60
NOTICE OF VIOLATION _ ZONING/BUILDING CODE
Dear Bedrock Resources LLC:
The Garfreld County Community Development Department has reason to believe a possible
violation might exist on your property located at 560 CR 315, Silt, CO.
We received multiple complaints about the water storage tanks being stored on the property. This
use is out ofthe scope ofthe approved land use resolution 2Ol2-85. Condition No. I of Resolution
No. 2012- 85 states, "that all representations of the Applicant in the application...shall be
conditions of approval unless specifically altered by the Board of County Commissioners."
Your application for a Land Use Change Permit specifically details the following, 'the uses
anticipated for this site will be in support of the asphalt/contractor business for Frontier Paving,
Inc.....are restated and slightly more detailed as follows:
a. office space
b. a shop for vehicle/equipment and truck repair c. a covered parking/storage area
d. storage of materials used in the asphalt/contracting business such as
recycle asphalt, millings, road base, rock, pit run, concrete, etc...
e. some crushing activity of the stored materials such as rock, asphalt and concrete will be
performed (portable and limited- seasonal)
f. storage of landscaping materials such as topsoil and rock for use by the business (no
vegetation - landscape contracting)"
You are hereby given notice, pursuant to Article XII of the Garfield County LUDC, that you must
completely correct the violations orcease and desist from continuing the violations within ten (10)
days of the date you receive this notice.
Under Article XII of the Garfield County LUDC, your failure to correct or cease the violations on
your property may result in one or more of the following enforcement actions being taken against
you:
l. ,Revocation of any building permits issued for improvements of the subject property;
2. Denial of additional land use approvals or building or other development applications
pertaining to the subject property;
3. Suspension ofany land use approvals for the subject property;
4. Withdrawal of any development permits that are being violated;
5. Forfeiture of any vested property rights;
6. Criminal enforcement;
7. County court civil penalties; and
8. Civil lawsuit.
You have the right to appeal this Notice of Violation, pursuant to the provisions of the Garfield
County LUDC.
Garfield County Building and Zoning regulations, Enforcement Protocol and permit application
forms are available at www.garfield-county.com in the "Community Development" directory.
If you have any questions regarding what actions are required to achieve compliance, or you wish
to report compliance action taken, please contact this offrce in writing at the address below or by
E-mail wpatton@garûeld-county.conl
Wade Patton
Code Enforcement Offrcer
Garfield County Community Development
Garfield County Administration Building
108 8th Street, Suite 401
Glenwood Springs, CO. 81601
970-945-1377 x 1530
Glenwood Springs Office
901 Grand Avenue, Suite 201
Glenwood Springs, Colorado 8 160 I
Telephone (970) 947 -1936
Facsimile (97 0) 947 - 1937
www.earfi eldhecht.coln
Jttne 26,2020
David McConaughy
dmcconaughy@ garfieldhecht.com
Via E-Mail and Dropbox
Garfield County Community Development Department
Attn.: Kelly Cave &. Sheryl Bower
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
E-mail : kcave@ garfield-county.com ; sbower@garfi eld-county.com
RE:Bedrock Resources, LLC, 560 County Road 315, Silt, Colorado
Appeal of Notice of Violation
Greetings:
This law fîrm represents Bedrock Resources, LLC ("Bedrock"). Bedrock is the record title
owner of the property located at 560 County Road 315, Silt, Colorado (the "Property"). Bedrock
has received a Notice of Violation from Garfield County dated June 17,2020 (the "Notice"). The
Notice alleges that the Property is being used in violation of the Land Use Change Permit
("Permit") issued for the Property pursuant to Garfield County Resolution No. 2012-85 (the
"Resolution"). Specifically, the Notice states that water storage tanks are being stored on the
Property, which is outside the scope of the uses authorized under the Permit. Bedrock disputes that
a violation of the Permit has occurred and therefore appeals the Notice pursuant to Article 12 of
the Garfield County Land Use and Development Code ("LUDC").
As stated in the Permit and the Resolution, the Permit allows a contractor's yard and
accessory uses including, among other things, storage of machinery, equipment, or products to
occur on the Property. The LUDC defines "storage" as "an area used for storing machinery,
equipment, minerals or other products." Placing empty water tanks on the Property falls squarely
within that definition. It is also consistent with Bedrock's application for the Permit.
First, the land use application form submitted as part of Bedrock's application identified
"storage of machinery, equipment, or produsf5"-¿ use listed in the 2008 LUDC use table-as one
of the requested uses for the Property. Second, among the specifrc uses referenced in the
application cover letter was, as noted in the Notice, a "covered parking/storage area." The
application did not further qualify what would be stored there, so storing the water tanks in that
area is not in conflict with the application. Third, the application only specified the types of
materials that would be stored on the Property (i.e., "materials used in the asphalt/contracting
business such as recycle asphalt, millings, road base, rock, pit run, concrete, etc."), but it did not
GARFIELD & HECHT, P.C.
ATTORNEYS ATLAW
Since 1975
Garfield County
'"i^?:':3i
attempt to define or limit what types of equipment or other products would be stored on the site.
Fourth, the site plan that is included as an exhibit to the Permit and to the Resolution only identifies
"storage areas" on the Property and does not include any examples of what would be located in
those areas. Fifth, neither the Permit nor the Resolution exclude certain products, materials, or
equipment from being stored on the Property. Finally, empty water tanks are not inconsistent with
the types of products and equipment that may be used in connection with an asphalt/contractor
business, so they should be permitted to remain on the Property.
For the reasons stated in this letter, Bedrock asks that the Notice be rescinded and that the
use cited in the Notice be allowed to continue as it is consistent with the Permit.
Sincerely,
GaRrrplo & HEcur, P.C
David H. McConaughy
Haley M. Carmer
Attorneys þr Bedrock Resources, LLC
Gørfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNW ("COUNTY") and Property Owner ("APPLICANÍ')Bedrock Resources, LLC
agree as follows:
The Applicant
of Notice of
has submitted to the County an application for the
Violation reoardinq 560 CR 315. Silt, CO
following Project: APPeal1
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant anì the County agree that because ofthe size, nature or scope ofthe
proposed project, ¡t ¡s not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notificat¡on by the
County, when they are necessary, as costs are incurred.
4, The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay allfees related to this application:
Billing Contact Charles Ellsworth Phone 1970 ¡ 625-2224
Billing Contact Address:P.O. Box 1167
City:S¡It state: CO Zip code:81652
Billing Contact Email:frontie rpavin g @frontierpavi ng i nc. com
of Person Authorized to Sign:Charles Ellsworth
-26-Jo
(signature)(Date)
June 25,2020
Garfield County
Community Development Department
108 8'h SreeL Suite 401
Glenwood Springs, Colorado 81601
RE:Bedrock Resources, LLC
Appeal of Notice of Violation
To Whom it May Concern:
I, the undersigned, am the manager of Bedrock Resources, LLC. Bedrock owns the
property located at 560 County Road 315, Silt, Colorado 81652. Please accept this letter as
aurhorization for David McConaughy and Haley Carmer of Garfield & Hecht, P.C., to submit the
enclosed appeal of the Notice of Violation that was mailed to Bedrock Resources, LLC on June
17,2A2O, and to rcpresent and act on behalf of Bedrock Resources, LLC in all matters related to
the appeal and the appeal process. Thank you.
Manager
Bedrock Resources, LLC