This letter of Appeal is in six parts and will be submitted to the Jefferson County Board of Adjustment on February 27 by the adjacent property owners. The HOA is currently deciding whether they will support our appeal.
Greg Scott
February 28, 2007
Jefferson County Board of Adjustment
100 Jefferson County Parkway, Suite 3550
Golden, CO 80419
RE: Letter of Appeal
Case No. 06128466AE
29684 Lee Road
Lot 20, Unit 7, Evergreen Park Estates
Dear Board of Adjustment:
We, the undersigned residents of Evergreen Park Estates, appeal the decision by the Jefferson County Planning and Zoning Department to grant an administrative exception for the front setback of 22.5 feet, where 30 feet are required for a single family dwelling in a MR1 zone. A summary of our bases is presented, below, followed by a detailed discussion of these bases with attachments.
?· The proposed setback is uncharacteristic of developments in the immediate area and the subdivision. The development should be consistent with the lot size and the infrastructure required.
?· The property owner has failed to demonstrate a verifiable hardship to justify the exception.
?· The property owner is currently in violation of Jefferson County Health Department regulations, the site-specific septic system permit, and Colorado State water quality regulations regarding separation of well and septic system.
?· The Jefferson County Planning and Zoning inspector identified no topographic or other physical limitation on the site to justify an exception.
?· The Jefferson County Planning and Zoning Department failed to properly notify the Evergreen Park Estates Homeowners Association of the proposed exception although the HOA was properly registered for this purpose.
?· The Jefferson County Zoning Administrator failed to document any basis or justification for the issuance of the exception.
?· The Jefferson County Zoning Administrator failed to respond to detailed technical points of objection timely filed by adjacent property owners.
For these reasons, we request that the Administrative Exception be rescinded and that the property owner/developer, Mr. Robert Hagan, be required to modify his lot development to conform to the setback requirements of an MR1 zone without exception or variance. In addition, if a building permit has been issued, we request that that permit be revoked and that a new permit application be made based upon full compliance with the MR1 setback requirements, without exception or variance.
An attached petition, signed by several other neighbors and identifying objections to the exception on this lot based on the above reasons, is provided to further establish the undesirability of the development with the exception.
The following paragraphs describe in detail, the bases for our appeal and refer to various attachments to further document the facts.
continued, Part 2
Greg Scott
February 28, 2007
Jefferson County Board of Adjustment
100 Jefferson County Parkway, Suite 3550
Golden, CO 80419
RE: Letter of Appeal
Case No. 06128466AE
29684 Lee Road
Lot 20, Unit 7, Evergreen Park Estates
Dear Board of Adjustment:
We, the undersigned residents of Evergreen Park Estates, appeal the decision by the Jefferson County Planning and Zoning Department to grant an administrative exception for the front setback of 22.5 feet, where 30 feet are required for a single family dwelling in a MR1 zone. A summary of our bases is presented, below, followed by a detailed discussion of these bases with attachments.
?· The proposed setback is uncharacteristic of developments in the immediate area and the subdivision. The development should be consistent with the lot size and the infrastructure required.
?· The property owner has failed to demonstrate a verifiable hardship to justify the exception.
?· The property owner is currently in violation of Jefferson County Health Department regulations, the site-specific septic system permit, and Colorado State water quality regulations regarding separation of well and septic system.
?· The Jefferson County Planning and Zoning inspector identified no topographic or other physical limitation on the site to justify an exception.
?· The Jefferson County Planning and Zoning Department failed to properly notify the Evergreen Park Estates Homeowners Association of the proposed exception although the HOA was properly registered for this purpose.
?· The Jefferson County Zoning Administrator failed to document any basis or justification for the issuance of the exception.
?· The Jefferson County Zoning Administrator failed to respond to detailed technical points of objection timely filed by adjacent property owners.
For these reasons, we request that the Administrative Exception be rescinded and that the property owner/developer, Mr. Robert Hagan, be required to modify his lot development to conform to the setback requirements of an MR1 zone without exception or variance. In addition, if a building permit has been issued, we request that that permit be revoked and that a new permit application be made based upon full compliance with the MR1 setback requirements, without exception or variance.
An attached petition, signed by several other neighbors and identifying objections to the exception on this lot based on the above reasons, is provided to further establish the undesirability of the development with the exception.
The following paragraphs describe in detail, the bases for our appeal and refer to various attachments to further document the facts.
continued, Part 2
