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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION nAdministrative Review ❑ Development in 100 -Year Floodplain =Limited Impact Review ❑ Development in 100 -Year Floodplain Variance []Major Impact Review ❑ Code Text Amendment Amendments to an Approved LUCP i 0 Rezoning ❑Zone District PUD ❑PUD Amendment InLIR ❑MIR USUP Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW ❑Appeal of Administrative Interpretation (❑Location and Extent Review ❑Areas and Activities of State Interest Comprehensive Plan Amendment ❑Accommodation Pursuant to Fair Housing Act Pipeline Development :Variance ime Extension ,(also check type of original application) INVOLVED PARTIES Owner/Applicant { Name: r! C. [,ice\ + `Q\' 1 \-1 Q hCi) Phone: (927_01) Mailing Address.:l 0 polo -7 C1 S C\ irL� City: C • P State:CQ . Zip Code: E-mail: � j 09 9 9111011. d o r 3G6 ,123c3 'l(7 Representative (Authorization Required) Name: Phone: (. _) Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: 2 - 4= 3 - 3 - 0 Physical/Street Address:Ui \[ Po 63 o ,QIS L1 1E - d Legal Description: �.,.o J i-, I v Ck 3 , 1e`� t +eec -1 I 1 IS S �' V.)-5) ay),443 7 �.-c�..,Vvoa Str���rii yS Zone District: Qi,3Id1R.Y1 1} i C,j j VI f bq r1 Property Size (acres): u 1 c ro" PROJECT DESCRIPTION Existing Use: < rico S� u s Q':J SL'- S 4 9 f'., Proposed Use (From Use Table �-403): 4-13Y' P 5 -e._ Description of Project: C* x 2 1, .� k€ ci ► 1 I ch n i 4 0« r sloe REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ 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 provided the required attached information which is correct and accurate to the best of knowledge. 1 „ attire of Prope Authorized Representative, Title pail` / 7/2-3// OFFICIAL USE ONL. File Number: - Fee Paid: $ Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 211934303001 OWNER: Michael and Ann Hoban REPRESENTATIVE: N/A PRACTICAL LOCATION: 101 Ponderosa Circle, Glenwood Springs, CO 81601 TYPE OF APPLICATION: Variance DATE: June 18, 2019 I. GENERAL PROJECT DESCRIPTION The property owner is requesting a variance from the Front Yard setback requirements in the Residential/Urban Zone District. The Front Yard setback is 25' in this zone district and because the property is a corner lot, the setback is required along both street frontages. The applicant has already began construction on a structure that would be located in the setback. If approved, the applicant will be required to obtain a Building Permit for the structure. Staff has recommended that the applicant contact Road and Bridge to discuss the location of the building and possible vision issues along the County Road. II: REGULATORY PROVISIONS APPLICANT IS.REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) 4-101 - Common Review Procedures 4-115 - Variance III, REVIEW PROCESS The process to accommodate this request shall require application for a Variance pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Public Hearing with Board of Adjustment and provide documentation regarding notice requirements. 11Page E. Request referral agencies to provide comments on the request. F. Evaluation by Director/Staff resulting in a Staff Report to the Board of Adjustment. G. Public Hearing before the Board of Adjustment, resulting in an approval, approval with conditions or denial of the request. H. Resolution for Board of Adjustment to sign. I. If approved a Land Use Change Permit will be issued upon compliance with any conditions of approval. IV. PUBLIC HEARINGS AND NOTICE Public Hearing (minimum of 30 days) notices shall be posted, mailed and published pursuant to Section 4-101.E. for a Hearing with the Board of Adjustment. The BOA meets on the last Monday of the month. Referral agencies may include but are not limited to the following: • Garfield County Engineer • County Road & Bridge • County Attorney • Others as may be deemed necessary upon review of the application V. SUBMITTAL REQUIREMENTS A full description of the submittal requirements is available in Section 4-203 of the Land Use and Development Code. The required application materials are generally summarized below: A. General Application Materials, Signed Application Forms, Agreements to Pay, Application fees. B. Narrative explaining the request and provisions from which the variance is being requested. This response should address the Variance Review Criteria contained in Section 4-115 and any applicable standards. C. List of adjoining property owners within 200ft. and owners of mineral rights on the subject property. The applicant needs to complete the mineral rights research form. D. Proof of property ownership such as a deed. E. Site Plan for the property showing the area and extent of the variance request. F. Improvement location survey information is recommended to show other relevant improvements and site features. 21Page VI. APPUCATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 Plus additional Staff time at hourly rate of $40.50 Referral Agency Fees: $ TBD (Engineering Review) County Surveyor: $ Recordation: $ Total Deposit: $ 250.00 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public). Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 7/21-J3 June 18, 2019 Patrick Waller Date 31Page Variance Review Criteria Excerpt — Please respond to Review Criteria 1-6 4-115. VARIANCE. A. Overview. 1. Applications for variance shall be reviewed and decided by the Board of Adjustments. 2. Variances are deviations from certain zoning dimensional requirements of this Code that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and exceptional, practical difficulties to or exceptional and undue hardship on the owner of the property. Review Process. Applications for a variance shall be processed according to Table 4-102, Common Review Procedures and Required Notice. Review Criteria. The following standards shall be satisfied for approval of a request for 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: 2. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; 3. Exceptional topographic conditions of the property; and 4. Other extraordinary and exceptional situations or conditions of the property. a. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. b. 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. c. 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 owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 6. Variance Will Not Impair the County's Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. 41Page Approximately 2 months if submittal is complete Garfield County Variance Review Process (Section 4-115) e. Step 1: Pre -application Conference •Applicant has 6 months to submit application Step 2: Application Submitta Step 3: Completeness Review • 10 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: BOA Decision 5IPage 13921 Recorded at Reception No. °72o'cloc M , 375334 OCT 02 19B6 WARRANTY DEED THIS DEED, Made this 3rd day of October 19 86 , between Clay W. Stauffer and Susan L. Stauffer of them' 6' *County of Ottawa State of Cgrgcoggtror, and Michael S. Hoban and Ann M. Hoban whose legal address is 0101 Ponderosa Circle Glenwood Springs, CO 81601 of the County of Garfield and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of other good and valuable consideration and TEN _ DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: and Recorder. BOK 696 P'GE4SS pARF1ELD OCT 0.1 1985 $tate Dov. Fee $ "*°. Lot 1 Block 3 WESTERN HILLS SUBDIVISION County of Garfield State of Colorado also known by street and number as 0101 Ponderosa Circle Glenwood Springs, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way, all of record, and real property taxes for the year 1986, not yet due or payable. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. A;111 444 ..‘4401NotS C ay W. tau fer by Walter. E. Brown III as his attorney in fact. STATE OF COLORADO County of Gar i el d Susan L. Stauffer by Walter E. Brown III as her attorney in fact. The foregoing instrument was acknowledged before me this third day of October , 1986 , by Walter E. Brown III as attorney in fact for Clay W. Stauffer and Susan L. Stauffer. .,',yflIllfiYill����frr 4a ix Y • vjcAR SIfIttA'nvt , jrise,t ` t .And -,s No. 921A. Rev. 3-85. WARRANTY DEED (To Joint Tenants) Witness my hand and official se:' My Commisison expires July 26 . 19 88 Notary Public 1 ��- `O A_ Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233-6900 9-85 0 6.80 Garfield County PAYMENT AGREEMENT FORM GA FIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ("1 i Cl') CI Q, 110 B 1� t:J agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Slee L1 p- GF [ o Pc)-4-1cj rr`•s c, C.ti r . i,: t . I , (j 1 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 and the County agree that because of the size, nature or scope of the proposed project, it is 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 notification 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. If 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 all fees related to this application: r C-11 17 U €1 yk L Billing Contact Person: ( 1o b Phone: F7Q 3 1:)G - 1 2 3 g Billing Contact Addres``s:d 1 6 i (PArt dLi®S G ( ) r(LC, City: Q �'-Y1wOOU E c) (' ;11 1 State: 03 Zip Code: g 1 6 0 1 Billing Contact Email: hob d vG 41 D (; I ! , L Orr, 1 E Printed Name of Person Authorized to Sign: (V) 1 C- h E �.. I-1 Q 3l\ )\1 7-23` ) 9 (Signa re (Date) �c7Gcn) 4L-.) VYl DY x Q . ,(-o ■,� �► D t7 r J -� cA CY 5 oAr a. b \dc-) Y7 e 1rn\ b� �- a b -e (3<-.01 i' or 1n� -Q w eM c01-1,-48 ov," 61- c4, Lon 4-6-(0.0 - r- t c e } G1 -1 &. v) �A S��&- -t �] ` 01 - . W DY` t+l S Aft -k4 d e, inn "2. 0 \ ".1 G c-v-C)4A4 CC!'" 1%10c -hn _ s -c,GJ c5f C a -n v) In a) ,nS 6 la, 6'-t.\ t) )vjci.S 8 / c. d"'� �`t • vde.. to 11 DW ri Y' �s ) vs. \ _F o y fury) _ cDwYi bkn } c sra -20)1 o v_c 5-Vrvo c\-1 \ r-\ C,c1.et,,s_._4i:c..A-5,S%V.0+?k.-t-s7K7(-)3 Lal L' t.)r-cksNdvx--0— j D e -t \1 ] S cn, ] vv.) 1) cn 1Y vv -t51'i ` ry 4_4,_*g sa 4- -PyLorewrvi -e_ c, 5 k GG r� 1,1a) Cow -A) S tAile VASa--f '� vY Rb 4.,c,=.,8_337 rl rS s c.) )jar _s w t v a S civ'' T --rh Q-nic \i/ 1 mad Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner , Mailing Address of Mineral Owner J A rrI e i V, i f n 31- E Jc rrte- V. ON AO r J r, Mc- c, d Y QS' S cp.; ]rj C e I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. plica s Signature \ 07 Date I YZ\ Re --r r;)4z) w ct R)1 vLs k4 V\ case,e11_(_,01‘,YrYwil ei 10" 1 to I 0> ( r a.nC i 4J e YLQ--e.,c �, S iQcAck j Ctv t CCfl CsL. 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TX 78578 1/1 C04,N"pi i ISI) 0-c 43\4 0 -m -Ln s I. co') c% sQ ') got r t V4c4 r 1.)-(tocroeC) 61 et ) ui�C.iI�.oy� �-1 � ► � (pzryy) 1 s5 a 15(z Li'��'i r lC�, IcI c +-tvyvv,f ,r) hIdo►n) c►s Io� eis (A- LO'vl f CL Q ► 14ct_ek or -1'Cckkty, nig? 0-y-6 y. , --. W S c1 c, 4- ✓1 $2M c,C. 5 r 6 vi► I C 1 p t ►N9 , -}-- s vJ Q •C -k_ 1r -t' C\k4 ► r t �' Z "a cJ .r c, \-3\er 1 1 Gi i S c.,I -vvcs+ of r v\fcs 0 Co►opl€ - i V ¥<; �urY ut�r► S �, (.,k)��k\) rSv:y1(1)� 1 r Nr) c,<) ►�� j 1 ro11 C) 01 r) col� c ri\b oT1�I :11 -Is is 0 heei v, { { I b I G L r) =1, ))K) v\) Pc 2G • I,_' • •s, '11%4..1,--.." , ti 1 • 1 ,' - it► ♦ wF IMPROVEMENT LOCATION CERTIFICATE SCALE 1 "=20' PROERTY DESCRIPTION LOT 1, BLOCK 3 WESTERN HELLS SUBDIVISION 366 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, COLORADO L=67. 83' 0. R=300. 00' °- D=12° 57' 16' CLEN=67, 69' BRG=N 44° 37' 22' T=34. 06' QL N L=70. 14' R=325. 00' D=12° 21' 53' CLEN=70. 00' BRG=N 40° 30' 21' T=35. 20' 62.84' 339. j 7.5' 200 96! 17.3 L=70. 22' R=75. 00' D=53° 38' 32' CLEN=67. 68' BRG=S 65° 43' 16' E T=37. 92' 22 0 HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED UNDER MY DIRECT SUPERVISION FOR MICHAEL HOBAN, THAT THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, DECEMBER 23, 2019, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. CT% N 89'50'00" W 29.80' 0 0 co rn DAVID C. NICHOLSON, L.S. 34585 DIVIDE CREEK SURVEYORS INC. Professional Land Surveyor (970) 876-5632 IMPROVEMENT LOCATION CERTIFICATE LOT 1, BLOCK 3 MOUNTAIN SHADOWS SUBDIVISION GARFIELD COUNTY, COLORADO DECEMBER 21, 2019 PROJ. 11902 LOT1 BLK3_ILC.DWG