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GARFIELD COUNTY • DEPARTMENT OF DEVELOPMENT
PLANNING: 945-8212 'ENVIRONMENTAL HEALTH: 945-2339 I BUILDING: 945-8241
May 5, 1983
James H. Goad & Roy F. Gilmore P.O. Box 81 Mesa, CO 81643
Gentlemen:
Enclosed is a signed copy of you Application for a variance with regard to your property located 1 mile East of Catherine's Store on the northside of Hwy 82. It was granted at the hearing April 28, 1983.
If you have any questions, please contact this office.
/eh Enclosure
2014 BLAKE AVENUE
Sincerely,
GARFIEL.D COUNTY B()ARD OF ADJUSTMENT /; ,-., .· . ·-7'' , I h
c'~J_'- _/~~-{~:.C.,, L )._-:~ /7,A_ -r-/:~'.::~ Ell en L. Hicks Recording Secretary
GLENWOOD SPRINGS. COLORADO 81601
---------------- ------------- -------------
Va rilnce Me!ting j3~ -Attendance Sheet
Date: f?;:)/?3 Please sign your name. legibly ·
s.
'· 8. 9. 10 .. II .. I
IL_ _____ _
/-------------------------------------
,.. -... .,r~'
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Date
3/25/83
201 Eighth Street 945·8515 Box 550 Glenwood Springs, Colorado 81602
•Dank of Ctifton Att: James Goad Box 447 Clifton, Co. 81520
Description
66 lines ~ S.29, one time
Charges
19.14
Legal /,114014- J>uhlic -he.aring to gnant a variance
All Accoonts Due and Payable Monthly
Bal. Due.
19.14
~~ - - -"- - - - - -
p 403 9. 636 RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED- . NOT FOR INTERNATIONAL MAIL
Certified FM
R1ttrlct9d Delivery FM
Return R•celpt Showing to whom end D•t• D•llvered Return Receipt Showing to whom,
~ Date, and Address of Delivery
"' - TOTAL Pott~.11 ~·na·F . ..,..,
~ Postmerk r Diri• ' ('·""l .
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$ ). $'
p 403 9. 634 RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED- ,., NOT FOR INTERNATIONAL MAIL ,
(See Re11e,.,,)
C .... ffled FM
Specl•I D•llvery FM
R"trlct«I Delivery Fee
Return Rectolpt Showing to whom •nd D•t• Oellv•r9d Return Receipt Showing to whom.
C"I Oat•. end Address of Delivery 00
"' ~
" '
p 403 91f 635 RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDEONOT FOR INTERNATIONAL MAIL
(Set Revene)
Certlfl9d fff
Special C>ellv•rv fff
Return Receipt Showing to whom and Data D•Uv•red Return Receipt Showing to whOm,
~ Date, end Address of Delivery
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~ TOTAL PosUfo •nd !-i l--~~-..-.o.;;-.,._._....._.~ JI,. Pottmark o(]._a"-· _. · ~ (,
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.. ... p 403 9. 633
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PllOVIOEQ-.. , · NOT FOR INTERNATIONAL MAIL .
(See Revent)
• C•rtlfl9d FM
Restricted Oellv.ry FH
Return Receipt Showing to whom end O.te Oeliv.-red Return Receipl Showing to whom.
~ Date, and Address of Delivery
"' -( _\ ' I
1983
·~, .... , .. ------ --- - - - - - - - - - - - - - - - - - - ----------------------------- ---- - - - - - - - -
.BENDER' ~ Addyom ........
... , .
.. ooaETURN ro• .,_ on
_ 1. n.. ro11ow1n1 - 1110quo1,tod (c:heot -·> U Show to whom and date delivered. ••••••••••• -4 0 Show to whom. date and adcheal of......,. .•• ~• 0 IUlSTRICTl!D DEUVERY
Show to wham and date doltv9nd •••• •••• •••• -4 0 RllSTRICTEI> DEUVERY.
Show to whom, date, 111d addr•• of dellvery.S_
(CONSULT POSTMASTER POR PEBS)
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Complete Add yom ad ........
udJ. OI• "'l.ET'Ult.M TO" 1Pac11 oa
The followtn1 oervloe II ieq..,ted (chock-.) G,Q Show to whom and date deltvered. ••••••••••• -• Show to whom, date and addrfts of Mllvery ••• _4
0 RESTRICTED DEUVERY Show to whom and d1te deliwred •••••••••••• __ 4
0 RESTRICTBD DELIVERY. Show to whom, d•te~ 111d addrea of delivery.$ __
(CONSULT POSTMASTER POR FEES)
I. ARTtCLE ADORIDEO TOI
IL~~
llllABL£ TO D&l,IVlR ll&CAIJll•
Complote ....... 2, and ), Add yow- •~In .. ""RETURH TO"' IPIOe an meru.
l • ..:[ly followJna semce 11 requem<I (cM<k -·> GtJ IB..Show to whom and date deUvered. ••••••••• .'. -• 0 Show to whom, d1te and 1ddre1:1 of tWneey ••• _4 0 RESTRICTED DELIVBRY
Show to whom and date delivered ............. _• 0 RESTRICTllD DELIVERY.
Show to whom, dlte, and addrea of delivery.$ __
(CONSULT POSTMASTER POR Fl!IW) I. ARTtCLE ADORUSED T01
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I. UNASLI TO Dft.IVIR 8ICA ... 1
_,RED NO,
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CLERK'I INrTIAU
--------•-- __ - --*GPO~--,,~
I I r r ' ~ f
~ PROOF OF PUBLICATI
GLENWOOD POST
STATE OF COLORADO, }
COUNTY OF GARFIEW. ss. N~ 014014
Clay ',\'. Stauffer I, ...................................................................................................... do solemnly
swear that I am ....... 9..E!.!:1.~.f..~J .. ).ll'l1.1.l'lg.E!.Z.: ............................ 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 Colorado 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 advertisement; 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 advertisements vrlithin the meaning of the laws 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 ... 1.: .......... consecutive insertions; and that the first pub-lication of said notice was in the issue of said newspaper dated
Mar.~ .... 2.5 ................... AD., 19 .. .83 .. ., and !he last publication of said
notice· was in the issue of said newspaper dated ........................... A.D ..
19 ............ .
e hereunto~s ... 25.th ....
_ _:z;:~r~-Subscribed and sworn to before me, a notary public in td for the '
County of Garfield, State of Colorado. this ...... :2.5.th ................... day~ of .................................. lLJ.r..cl:l ............ A.O., 19 .. B~·:·: __
,....----------.../ --..:::,__, -
(SEAL) ( _ -:'.'.'.:\:.,~~::.,.. _ .. . ... , .... :;:,,'t...\.';;;:,.'\."""-. ' - -- ,, ~owy ~~
My Commission Expires~,(_~ ~c:'~~~. <$.\."""~~~~~~
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• April 22, 1983
T01 Garfield County Zoning Board
REI Jamas H. Goad & Roy r. Gillmore Zoning Variation
Attentions Senior Planner
•
There are a few areas of concern to be considered before this zoning changaa
1. The placement of a septic system in the proposed lot. All natural drainage flows toward a watar well located on our property.
2. Irrigation of the field that this proposed lot is part of.
a. Ditch is located through this lot and essential to the irrigation of adjacent properties.
b. Irrigation and waste water flows through the proposed lot. If this irrigation water was not allowed to flow through the lot to the rest of the field, irrigation would virtually be stopped. The waste water is another problem, as it flows from fields located above our properties.
3. Highway entrance. Highway 82 in this area ia very heavily traveled. With this in mind, another entrance is very dangerous. Presently, there are sevan drives off the highway in approximately 1/4 mile. Every yaar there are accidents.
It is my belief that much more planning is needed in order to correct the problems I have cited. I em also aura other surrounding owners have other problems. Please consider these when making a decision.
Eric B. Carlson 77 Lime Street Aurora, Colorado 80010
•
Planning & Zoning Board Garfield County Glenwood Springs, CO 81601
Gentlemen:
• Portia A. Carlson 16704 Hwy 82 Carbondale CO 81623
April 27, 1983
RE: Goad and Gilmore~s Request for Variance at 16702 Hwy 82, Carbondale, CO 81623
I understand the above parties have asked for a variance on the water system at the location of 16.702 Highway 82, Carbondale, Colorado 81623 directly adjoining my property. I wish to submit my reservations regarding this request.
This Spring we had a testing of our well several times and found the water to be polutted even with both the septic tanks falling within the government regulations of being 200 feet or more from the well -- due to the high water table. It was necessary to chlorinate the well several times in order to clear it up again.
My septic tank is already drilled, in place and been in use since about 1965. It sits approximately on the boundry line of our property and the above property. I would not want to be held respon~ !
sible for their water being contaminated by my septic nor would I want them to contaminate my well with another septic tank so close to it.
Frank Espinoza is going to submit a drawing of the wells and septics now in existence to show you. There are also 2 more wells right in line with this on the water ditch in a path directly below them that should be considered and should also appear on the above mentioned map. Please take these objections into consideration when you consider the request for a variance. Thank you.
G~'av~ Portia A. Carlson
• • • e~~.~~. t=o ./er~~ •
.l (
• •
• GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT
• PLANNING: 945-8212 f ENVIRONMENTAL HEALTH: 945-2339 I BUILDING: 945-8241
3:30 'P.M.
2014 BLAKE AVENUE
BOARD OF ADJUSTMENT
Hearing #132/ Agenda Apri 1 28, 1983
\, ~
Application of James Goad/RoY Gillmore for variance to Sections 3.02.04 and 5.04.03 of the Garfield County Zoning Resolution
GLENWOOD SPRINGS, COLORADO 81601
• • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT
PLANNING. 945·8212 /ENVIRONMENTAL HEALTH; 945·2339 I BUILDING: 945·8241
Mr. James Goad c/o Bank of Clifton P.O. Box 447 Clifton, CO 81520
Dear Mr. Goad:
March 8, 1983
Enclosed is a copy of the public notice which must be published in a newspaper for general circulation in Garfield County at least fifteen days prior to the date of the hearing scheduled April 28, 1983 at the hour of 3:30 P.M. This notice must also be sent to landowners of record as indicated in the instruction sheet you received with the application.
It will be necessary for you to present proof of publication and mailing at the hearing.
A Notice of Intent must be posted on (10) days prior to the hearing date. this office.
the property for at least ten The sign may be obtained from
If you have any further questions regarding the procedure, please ca 11 •
/eh
Encl .
2014 BLAKE AVENUE
~~~ Mark L. Bean Senior Planner
GLENWOOD SPRINGS, COLORADO 81601
• VARIANCE REQUEST INFORMATION AND STAFF COMMENTS
VARIANCE REQUEST:
OWNER/APPLICANT:
LOCATION:
EXISTING ZONING:
ADJACENT ZONING:
I. DESCRIPTION OF THE PROPOSAL:
Request of variance to Sections 3.02.04 and 5.04.03 of the Garfield County Zoning Resolution
James Goad/Roy Gillmore
A parcel of land located approximately 5 miles east of Carbondale on State Highway 82
A/R/RD (Agricultural/Residential/ Rural Density)
A/R/RD on all sides
This variance is requested to alleviate a potential hardship resulting from the Colorado Highway Department condemning a piece of land for the purpose of expanding the highway right-of-way. The condemnation will create a lot that is less than the minimum lot size in the A/R/RD zone and a lot less than the minimum size for an individual septic and water system. In the AIR/RD zone, the minimum lot size is two (2) acres, and the parcel remaining after condemnation will only be 1.496 acres. A::tditionally, a lot is required to have at least two (2) acres of land for an individual septic system, with a well as the water source. The variance would assure the applicant that the lot would still be buildable after the condemnation proceedings
II. MAJOR ISSUES AND CONCERNS:
A. The Goad/Gilmore Sketch Plan was exempted from full subdivision review in April 1980. A two acre parcel and 2~ acre parcel were created that met all of the zoning ordinance requirements;
B. Staff Comments: The property in question was a legally sized lot, prior to the condemnation. There will be adequate room for a structure to be located and for a leach field to be developed.
II I. FINDINGS:
1. That publication and public notice was provided as required by law for the hearing before the Board of Adjustment;
2. That all hearings before the Board of Adjustment were extensive and complete, that all pertinent fact~matters and issues were submitted and that all interested parties were heard at the hearing;
3. That, as a result of an extraordinary and exceptional condition, the strict application of Sections 3.02.04 and 5.04.03 of the Garfield County Zoning Ordinance will result in an undue hardship upon the owner of said property;
4. That the variance requested is the minimum necessary to alleviate the undue hardship upon the owner of said property;
5. That the circumstances found to create the were not a result of actions by the applicant;
6. That such relief maybe granted without substantial detriment to the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County.
RECOMMENDATION:
The Board approve the variance request based on the above findings.
I
' '
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' ' • R~.lVED Ml\R APPLICATION
r,ARFIELD COUNTY ZONING BOARD OF ADJUSTMENT
Owners name: James H, Goad & Roy F, Gillmore Date: March 2, 1983 '\
Hearin!l Number: /3'ii.. {t3;;z/ Owners address: Box 81 Mesa CO 81643
Phone: 268-5475 - Work 434-9100
Practical description of where property is located: One mile East of Catherines Store on the North side of Hwy 82;
1. Present zoning: AgriculturaL.Residential Rurul Density
Area: 2,5 acres
2. Describe variance you are requesting:
3. use
The present 2f acre lot is improved with a house and shed. The Highway department is aquiring 1 .004 acres for the future expansion of Hwy. 82, and ,161 acres for a temporary easement which will revert back to us leaving a 1 ,496 acre lot, We would like to move at least part of the house onto this remainder.al")C( paf~'b.. ne.(J/ s:e.;:rl/(!..., >S'f"· fV'r>
Why do you feel that the variance should be granted: additional pages if needed)
(refer to instructions,
The Highway Department has given us a formal letter of condemnation (copy enclosed) because we couldn't afree on a just compensation amount, we feel that this is an exceptional situation and thus wish for a variance to be granted. Further we feel that this variance is the minimum necessary to alleviate the difficulty, that there is one (group of) surrounding property owner and that granting this variance would not detrimentally affect them or the general public, ano that this difficulty was not caused by us.
' ,. . " . • 4. List all property owners within two hundred (200) feet of property for which variance is being requested. Copies of the Public Notice should be mailed to your neighbors by registered mail and the receipts presented at the hearing.
Only one group of property owners are within 200 ft. of the property for which variance is being requested. That group consists of:
1 • Portia Carlson 2. Eric Carlson 3, Bailey Stewart 4, Lisa and Frank Espinoza
•.
5. Describe water supply, sewage facilities, utilities, and access to property. {use additional pages if necessary)
An existinf well will not be affected by the Hwy acquisition; A new septic system will be put in meeting county codes, all utilities are now at the existing house and will just be extended into the remaining site, The highway department has l"Uaranteed access equal to or better than the existing access.
6. Attach a map of legal sized paper or smaller drawn to scale showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within two hundred (200) feet of your boundary.
_J -
' . . . •' I •
• (. 7.
Variance granted ___ x_x_x_x ____ _
Variance denied ----------Board Vote:
Member
A 11 an Bowl es
•.
Ed Wilson
I en .Jamm~ron
,John Tripp
Mary Odell
Attested by:
John Tripp Vice Chairman
Form approved by Board vote on April 18, 1974.
For
xx
xx
xx
xx
xx
(
Against
Mary,' F. Ode 11 r} cretary
•
•
•
AREAS IN ACRES
PARCEL
A·I TE-I LOT 2 REMAINDER TOTAL REMAINDER
AREA
1.004 ACRES 0.161 ACRES
1.496 ACRES,
"3.496 ACRES P.O.B. H-1 a TE-r
( A-I . )(TE~f=1 ROY F. GILLMORE a JAMES H. GOAD PART OF LOTS 3a6 SEC. 32 T 7 S , R.87W. , GTH P.M.
I t ~1 ti 01 {/) . <l
'2: <XI
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3 TIE: W.C. TO NW COR. SEC. 32 BEARS N.56°24'W. 2,947.6'
s.1°31·~ C'llllr-.~
' :c--A(';' ~~ISTING 26'• . ~.r / • ,,. CESS 8UTILI ,...., . /
L - r--, '"Ir, (" ,,. EASEMENT
( ,...,r,,_,,_,r-,,_,~('<"' (TE-1,,.
[ Lb.riru1ce / / [ Nr11#;fecl "' ;:.:, ( ',.,-{}, . -· I __,,
[ LOT I ?O[Jf 'J [' (2.000 ACl ~J (q,irti), f
· r-ro \.T ~--I ( B. ~I [ GOAD SUBDNIS/ON °
[ . . b I E::. L.JLJ LJ L.J I I CJ. - :I:..JL::l er - L.li.
~UTILITY EASEMENt1iil4cVE. 21.
Z 7 J\L ... -, r '\:._ ___ _.,_
SCALE I":: IOO'
FC 082-1(6) CARBONDALE- WINGO JCT.
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• J • • PUBLIC NOTICE
Take Notice that James H. Goad and Roy F. Gillmore (has) (have) applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance in connect ion with the following de,scri bed property situated in the County of Garfield, State of Colorado; to-wit:
LeQal Description: A parcel of land situated in Government Lot 6, Section 32, Township 7.South, Rang~ 87 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Witness.Corner for the Northwest Corner of said Section 32, a rock found in place; thence S. 54026 1 2l"E.3Q13.63 feet to a point on the northerly right-of-way line of State Highway #82, the True Point of Beginning: thence N.79°59'27"W. 377.92 feet along said north.erly right-of-way line; thence N .14°04 114"E. 117. 72 feet; thence N. 01°40' OO"E. 16 7. 93 thence feet•; thence S. 88°20'00"E. 302.19 feet; thence S.35059'32"E.75.64 feet; thence S.Ol037'00"W. 277.84 feet to the True Point of Beginning, containing 2.50 acres, more or les~, subject to easement of re-
- cord. Subject scribed
' ·" ' ., J ~
.. '• I ' ' ,',,
·~·~' ' ' t'
to a 20.00 foot access easement lying parallel with line. Beginning at the Witness Corner
Practical Discription (location with. respect to residences):
and t:O the west of the following defor the Northwest Corner (con't
highways,: County Roads and see attachment
1 mile East of Catherine's store just on the North side .. of Hwy 82.
',' ,\, ., . '·:,,I '' ,'' ' "'·'~1· .Said will
,. "·' , I•, ,, I,
' .
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 at 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. grant or deny the re11uest for'variance.' This 'yariance application may be reviewed at the office of· the Building Ofti~i~l located at 2014 Blake, Glenwood Springs, Colorado, between the hours of B:OO'A.M. and 5:00 P.M. Monday through Friday. · ·
. . '
'That publi~arjng OI) t ion for the abov.e,,varianC,e has been s;t for O/../' the~? day of , 19 g.?, at t,l)e hour ,of ..3 . . :3() r. /7. at the office of the Buil ng Department in the Mountain' V'iew Building, 2014
. Blake Avenue, Glenwood Springs, Colorado.
77= JcuLC?{ k L__~· ~ Garfie~ Zoning Board of Adjustment by:·-&,J, Tflerlll'!Oii, 6Aief S11i 1 diRg l11spector
Sc11 i o"' 'P/P..n, n er •""
• • • of said Section 32, a rock found in place; thence s. 54°26'21''E. 3013.63 feet to the northerly right-of-way line of State Highway #82, the True Point of Beginning; thence N.Ol037'00"E. 277.84 feet; thence N.35059'32"W. 75.64 feet to a point of termination from which the Witness Corner to the Northwest Corner of Section 32 bears N.59039'2l"W. 2798.33 feet.
7
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• DEPARTMENT OF HIGHWAYS
P,0. Box 2107 Grand Junction, Colorado 81502 - 2107 (303)2"!'~2 245-0795
Roy F. Gillmore P. o. Box ~ f'/'7 As,0 0, CO 81611 f;rS';l . .D cli 'fo,<.J Dear Mr. Gip.more:
' • STATE OF COLOR.ADO
FC 082-1(6) Carbondale - Wingo Junction Parcels A-1 and TE-1
February 7, 1983
We have endeavored to purchase from you a tract of land needed for right of way and designated as Parcel Nos. A-1 and TE-1 of our Highway Project No. FC 082-1(6).
To date we have not been able to agree upon the compensation to be paid for the above property sought to be appropriated or damaged for the purposes mentioned, but still, prefer to settle this matter by agreement, if possible, and therefore offer you the sum of $92,800 for this property. A description of this tract, as well as a map showing the area, has been given to you.
This amount is offered as total compensation for all interests in this property and includes all damages, if any, ,to ,the remain
,il'.lg portions of your property.
If you wish to accept this offer, please notify the undersigned at the address above. If we do not receive acceptance by February 17, 1983, we will assume rejection, and thereupon will be obliged to request the commencement of condemnation proceedings to acquire this property.
KHB:rb cc: file
.-;
Sincerely yours,
R. P. MOSTON DISTRICT ENGINEER
' ' ,, 't
/ // // ·/ ?.ot: ', By t;;,,,. <' -" ./ ' l"' ~--_;. enneth H. B'Otham
Sr. ROW Agent ' 1 •,
Certified Mail No. P 246 987 239
• •
March 3, 1983
Mark,
Here is the application and public notice (completed except for the dates on the public notice) to get us started on our request for a variance.
Thank you for you help, si~cerely,~ ;:::;2.., ~
~~ra~ /James H. Goad
r,/' Work 434-9100 c/o Bank of Clifton P.O. Box 447 Clifton CO 81520
