HomeMy WebLinkAbout1.0 ApplicationI
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G ARFIELD COUNTY
Buil din g & Pl ann ing Depa rtm e nt
108 81
h S treet . Suite 40 1
G le nwood Spri ngs , Co lora do 8 160 1
T e lep ho ne : 970 .9 45 .82 12 Facsim ile: 970 .384 .3470
vvww.garfield-countv.com
Special Use Permit
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GENERAL INFOR MAT IO N
1 T o Ile i;ornplctec! hy th <! applic(l nl 1
,.. S t ree t A ddress I Ge ne ra l L oca ti o n of Pro pe rt y:
':;,-3 2 S--Covtvr.Y ~ 'D J c.>LJ
,. Lega l Descrip t io n : ?~t._~ 'l 11 Cf 3000 ~-=6 _____ _
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,.. Existin g Use & S ize of P rop e rt y in ac r es : rf2..E5J PIStVrl A-L -3 S--~ 5 ;
,. Desc ri pti o n of S pec ia l U se R e q u es t e d :-~ U Jc»vO ~J;k~ ~~[(,' ')
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r Zo ne Di st ric t : -A fZR !2_. __ _
,. Na me of Pro p e rty Own e r (A p pl ica nt ): VJ I '-'-I AM F -'DlZAt<E I
,. Ad dress : S:32.S-C::OV;V"'IY fl..'D JOU Te le ph o ne : 963 -S-T">~3 I
,. C ity :~f'.30;\JO/!rL~ S l at e : LD Z ip Co d e : ~J{,2,J. FAX :/6!-1~9 3'
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,. N am e o f Owner's Represe ntativ e . if any (Attorney, Pl anne r . et c }:
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,.. Ad d ress: ______________ Te le ph o ne:
,. C ity : ··--·-Sta te : ___ Zip Code : __ FAX: I
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S TAFF USE O NL Y
,. D oc. No .: Da t e S ubmitted : T C Date : ------------------
,. P la nne r : Heari ng Date: ____________ ,
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and ------------------
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for ___________ _
___________________ (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the propo sed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs ar e incurred .
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
service determined nece ssary by th e B oard 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to
the fin al consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
Signature
Date: A/OV-'i 2..Q:> I{
Print Name
10/2004
Page 4
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Neighbors Abutting Parcel# 2391-193-00-046 Commonly known as 5325 County Rd 100
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Starting on the South boundary and continuing Clockwise .. J -----
Po: Parcel # I Owner Name Mailing Address from Public Reco_rcj_
1 239119300047 Lisa Kruiednier 5333 County Rd 100_ Carbondale, Co. 81623
- 2 239324400336 William N. Johnson 1700 County Rd 103 Carbondale, Co. 81623 _
239324100393 CassieC. Cerise
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3 1234 County Rd. 105 _Carbondale, Co. 81623 ------
4 239118300162 William H. Jr. & Barbara H. Mcelnea 6059 County Rd 100 Carbondale, Co. 81623 ___
5 239119400139 Jav F. & Ann m. Hallidav !,5763 Countv Rd. 100 Carbondale, Co. 81623
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UTM 13 314804E 4365812N (NAD27)
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664017 11 /29/2004 01:06P B1642 P539 M ALSDORF
1 of 4 R 21 .00 D 172 .50 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, mad e thi s ~3da y of November, 2004, be tween C HRI STINE L. ASPEGREN , Gran tor and
WILLIAM F. DRAKE, JR. and MARTHA ANN DRAKE, as join t tena nt s w ith ri ght o f surv ivors hip , who se
lega l add re ss is P .0. 13ox 903, 41 3 Burnt Mill Road , Chadd s Fo rd , PA 19 3 17. Grantees .
W IT NESS, that th e Grantor, for and in cons id erati on of th e sum of Ten and no/I OOt hs dollars ($10.00) a nd
oth er go od and valuab le consideration, the rece ipt a nd suffi ciency of whi c h is here by acknowl ed ge d, ha s g ran te d,
bargai ne d, so ld and conveyed , a nd by the se present s does gra nt , b arga in. sell, co nvey a nd co nfirm unto the Grantees,
th e ir he ir s and ass igns for eve r. all the real property, to gether with impro ve ments, if any, s ituate, lyin g and being in
the Co unty of Garfie ld and State of Co lorado, described as fo ll ows:
Sec attached Exhibit "A"
al so know n by s tr ee t a nd numb e r as: 53 25 Count y Roa d I 00, Ca rb o ndal e , CO 8 1623.
TOGETHER with a ll and sin g ular the he redita ment s and appurten ances th e reunto belonging, or in
an yw ise app ert ai nin g and th e re versio n and revers ions. re ma ind e r and remainders, re nt s, iss ues and profit s th e reof,
and a ll the e state , ri ght , titl e, int e res t, c la im and demand what so eve r of th e Gra ntor, e ither in law or equity , of: in and
to th e above bargained pre mi ses, with th e he reditame nt s and appurt enan ces.
TO HA VE AND TO HOLD the said pr e mi ses above barga in ed and desc rib ed , wi th th e a ppurt e nan ces ,
unto th e G rant ees, th ei r heirs and ass igns fore ver. And th e Gra ntor, fo r he rse lf, he r heirs and ass ig ns, doc s covenant.
grant. bargain a nd a gree to a nd with the Grantees, their he ir s and as s ig ns, that at th e time of th e e nsca lin g and
del ive ry of th ese prese nt s, s he is we ll se ized of th e pre mi ses above conveyed , ha s good , sure, pe rfect, absolute nn d
ind eJC a s ibl e es tate of inheritan ce, in law, in fee s impl e, and ha s good ri ght , full powe r and lawful a uthorit y to g rant ,
ba rga in . se ll and co nvey the same in mann er and form aforesa id , and tha t the sam e a re fr ee a nd c lea r from a ll for me r
and ot he r grant s. ba rgain s , sa les , li e ns, taxes, assess me nt s, encumbrances and res tri ct io ns o r whatever ki nd o r nature
soev er . except tho se matters set forth o n Exhibit "13" att ac hed here to.
The G rant o 1: s ha ll and will WARRANT AN D r:OREVER DEi-EN D th e above -bargained p re mises in th e
qui e t and peacea bl e possess ion of th e Grant ees, th eir he ir s and ass igns, agai nst a ll and eve ry person or persons
lawfull y c laim in g the whol e or any pa rt th e reof.
Th e s in gular num be r shall include th e plural, th e plural the singu lar, and the use of any ge nd e r s ha ll be
ap plica ble to all ge nd e rs.
IN WIT NE SS WHEREOF , th e Gran tor has exec ut ed th is deed on th e date se t fo rth above .
STATE 017 COLO RADO
COU TY OF PI T KIN
) SS.
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Th e for ego in g in s trument was ackn ow ledge befo re me thi s 0>3 clay o r Nove mb e r, 2004 , by C h ris tine L.
As pegren .
My co mmi ss ion ex pires : _____ _
Wi tn es s my hand and o ffi c ia l seal. kNia~
Nota ry Pub lic
( OOt ll\11-: · l'JBJOl lN1LOC r\l .S -l \Tcmp\Ol.K:!l:'\Gcm:1al W:11n nt y Deed 2 rt f 11 /~J IO..i t) OS AM
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664017 11/29/2004 01:06P 81642 P540 M ALSDORF
2 of 4 R 21.00 0 172.50 GARFIELD COUNTY CO
EXHIBITB
l. Taxes and assessn1ents for the year 2004 and subsequent years.
2. R.ight of way for ditches or canals constn1cted by the authority of the United States, as reserved in lJnited
States Patents recorded August 23, 1917 in Book 92 at Page 370 as Reception No. 58402 and recorded
November I, 1919 in Book 112 at Page 511 as Reception No. 68152.
3. Reservation of an undivided one-half of all oil, gas and other n1inerals and tnineral rights in, upon and under
said real estate as contained in Corporation Special Warranty Deed recorded October 6, 1943 in I3ook 208 at
Page 431 as H.eception No. 150079, and any and all assigntnents of record, or otherwise, thereof or interest
therein.
4. Reservation of one-half of whatever interest grantors 110\V have in and to the oil, gas and other 111incrals in or
under said lands, or which n1ay be produced therefro111: the reservation being only to royalties payable on
account of production of oil, gas or other minerals, \Vith grantee being obligated to lease or contract
concerning the reserved interest on the san1e tern1s and conditions as to royalties as on the interesl conveyed
to them as disclosed in Warrnnty Deed recorded July 8, 1963 in Book 351 at Page 350 as Reception No
222068, and any and all assignments of record, or otherwise, thereof, or interest therein.
5. lleservation of an ease1nent 60 feet in width for road and utility pu1voscs along and northerly of the southerly
line of the tracl as described in Warranty Deed recorded Decen1ber 23, 1965 in Book 372 at Page 133 as
Reception No 232878.
6. llcservations unto Seller t\venty (20o/c>) of all 111incrals it now O\vns as contained in Warranty Deed recorded
August 17, 1976 in Book 487 at Page 877 as Reception No. 274033, and any and all assignn1ents of record, or
other\vise, thereof: or interest therein.
7. R.eservations unto Seller twenty (20%) of all 1nincrals it 110\V O\vns as contained in Warranty Deed recorded
January 28, 1977 in Book 492 at Page 963 as Reception No 276591, and any and all assignments of record, or
other\visc, thereof, or interests therein.
8. Easement Agreement recorded August 30, 1976 in Book 488 at Page 175 as Reception No. 274209.
9. Easement recorded Februa1y 22, 1977 in Book 493 at Page 676 as Reception No. 276955.
10. Ri111ledge Ranch Declaration of Protective and Restrictive Covenants recorded Septen1bcr 17, 1976 in Book
488 at Page 681 as Reception No 274471 and Additions recorded February 22, 1977 in Book 493 at Page 677
as Reception No 276956.
I I. Grant of Easement recorded April 19, 1990 in Book 777 at Page 79 as Reception No 411687.
12. Holy Cross Electnc Association, Inc. Underground Right of Way Easements recorded July 26, 1990 in Book
784 al Page 520 as Reception No. 415025 and recorded September IO, 1992 in Book 841 at Page 243 as
Reception No. 438794.
l3. l-ioly C:ross Electric Association, Inc. Contract for Electric Service recorded February 10, 1992 in Book 823
at Page 330 as Reception No 431532.
14. Private Road Maintenance Agreen1ent recorded August ] 9, 1994 in Book 912 at Page 907 as Ileccption No
467429.
15. rvlatters disclosed on the I1nprove1nent Location Certificate dated August 19, 1995: updated May I 7, 2000;
and updated Seotember 17, 2004, by Scarrow and Walker as Job No. 9 J .103UD, described as follows:
(I) Easement according to Reception No. 274471
(2) Existing ditches and culvert (including rights ofn1aintenance and unobstructed Flow, if any)
(3) The approxi111ate location of existing underground gas and phone lines
(4) Underground power line (Reception No 438794)
( 5) Possessory rights lying outside of any fences
(6) Existing drive and drive\vay which depart the subject property (but not the access which forn1s the Parcel
B described herein)
( 7) 2.28' encroach1nent on northwest boundary of subject property
(8) 1.30" encroachn1ent on northwest boundary of subject property
(9) Underground power line (Reception No. 415025
(I 0) IO' gravel road easement subject to Reception Nos. 232878 and 411687
( 11) 15' wide gravel road easement subject to Reception No. 232878
I llllll lllll lllllll Ill 111111111111111111111111111111111
664017 11/29/2004 01:06P 81642 P541 M RLSDORF
3 of 4 R 21.00 D 172.50 GRRFIELD COUNTY CO
SCHEDULE A
01·der Number: 42991
LEGAL DESCRIPTION
PARCEL A
A PARCEL OF LAND SITUATED IN LOT 3, THE NEl/4 SWl/4, THE SEl/4 NWl/4 AND
THE
SWl/4 NEl/4 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID
PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE WEST QUARTER CORNER OF SAID SECTION
19 BEARS:
N5I 0 42'14"W 615.64 FEET;
THENCE NOI 0 47'00"E 380.15 FEET, TO A POINT ON THE EAST-WEST CENTERLINE
OF
SAID SECTION 19;
THENCE S89°49'08"E ALONG SAID CENTERLINE 850.56 FEET;
THENCE N00°52'55"E 588.40 FEET TO A REBAR AND CAP FOUND IN PLACE;
THENCE EAST 1342.80 FEET TO A REBAR AND CAP FOUND IN PLACE, L.S. #14060;
THENCES03°55'40"E 520.41 FEET;
THENCE N49°15'00"W 47.05 FEET TO A POINT ON AN EXISTING FENCELINE;
THENCE SOUTH ALONG SAID FENCE 70.70 FEET TO A REBAR AND CAP FOUND IN
PLACE,
L.S. #14111;
THENCE N87°10'5l"W ALONG SAID FENCE 244.89 FEET TO A REBAR AND CAP
FOUND IN
PLACE, L.S. #7972;
THENCE S00°54'26"W ALONG SAID FENCE 418.52 FEET TO A REBAR AND CAP
FOUND IN
PLACE, L.S. #7972;
THENCE WEST 1963.02 FEET TO THE POINT OF BEGINNING.
PARCELB:
A PERPETUAL NON-EXCLUSIVE INTEREST IN AND RIGHT TO USE THAT CERTAIN
EASEMENT
AND RIGHT-OF-WAY GRANTED TO THE PARTY OF THE FIRST PART BY THAT
CERTAIN
INSTRUMENT DATED AND RECORDED IN BOOK 372, PAGE 133 FOR PURPOSES OF
VEHICULAR
File Numbl'r: .:12991
Stewurt Title of Aspen. Inc.
/\ttachcd Legal Description
Page 1 of2
1111111111111111111111 111111 11111 1111111111111111111111
664017 11/29/2004 01:06P 61642 P542 M ALSDORF
4 of 4 R 21.00 D 172.50 GARFIELD COUNTY CO
ACCESS TO THE SUBJECT PROPERTY DESCRIBED HEREINABOVE, AND TOGETHER
WITHA
PERPETUAL NON-EXCLUSIVE INTEREST AND RIGHT TO USE THAT CERTAIN
EASEMENT AND
RIGHT-OF-WAY RESERVED BY GRANTOR IN THE RIMLEDGE RANCH AND
DECLARATION
PROTECTIVE COVENANTS RECORDED IN BOOK 488 AT PAGE 681, TOGETHER WITH
AN
EASEMENT CONVEYED IN GRANT OF EASEMENT RECORDED APRIL 19, 1990 IN
BOOK 777 AT
PAGE 79, AND TOGETHER WITH AN EASEMENT AS CONTAINED IN DOCUMENTS
RECORDED
SEPTEMBER 17, 1976 IN BOOK 488 AT PAGE 695 AND RECORDED AUGUST 28, 1980
IN
BOOK 554 AT PAGE 791.
COUNTY OF GARFIELD
ST A TE OF COLORADO
File Number: 429()1
Stcwurt T1l!c of Aspen. Inc
Attached Legat Description
Page 2 of2
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EN CROACHMENT
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FENCES 2.28'
(TYPIC AL ) ENCROACHMENT
~r [ L 850 )f )( i l
REC .
35.20 Ac. +
>RO/NG TO
G'' / I
WATER
~SPIGOT
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I N 87'10 '5 1" w 11 2 I ,,, • 44.89 ,,, ~
111 co RECEPTION NO.
-384489
(0.20 Ac.±)
WELL _.?-~t>il>i
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EASEMENT SUBJECT TO
REC. NO. 'S 232878 & 411687
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EASEMENT SUI
REC. #232878
b. = 44'52 '06"
R = 404.95'
L = 317.11'
n oriocoTy nf"SI
Form No.
. GWS·t5
OFFICE OF THE STATE ENGINEER
l.COLQRADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1 3 1 3 Sherman St .• Denver, Col or11do 80203
(3031 866-3581
634
WELL PERMIT NUMBER ---.8 ..... 7 .... 3 ....... J ...... 1.__ __ _ ---A
APPLICANT DIV . 5 CNTY. 23 WO 38 DES. BASIN MD
Al.AN L. & JILL SCOTT
c/o LORI SATTERFIELD
P.O . DRAWER 790
Lot: Bl ock: Filing : S1.1bdlv:
GLENWOOD SPRINGS, CO 81602
(970)945-6546
PERMIT TO USE AN EXISTING WELL
APPROVED WELL LOCATION
GARFILED COUNTY
SE 1 /4 NW 1 /4 Section 1 9
Twp 7 S Ang 87W 6th P .M .
DISTANCES FROM SECTION LINES
2400 Ft. from NORTH Section Line
1500 Ft. from WEST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
11 This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permiF
does not as sure the applicant that no injury will occur to another vested water right or preclude enother owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a varionce hes been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordanc8 with Rule 18.
3) Approved pursuant to CRS 37-92-602(3Hcl for the relocation of an 8Xisting well, permit 87371 . The old well must be
plugged end sealed according to the Water Well Construction Rules within ninety (90) days of completion of the new well.
The enclosed WeU Abandonment Report fOtm must be completed and aubmlttod to affirm that the old well woe propany
plugged and ieeled.
4) Approved as the only wall on a tract of land of ± 35.2 acres described as th11t portion of the SE Y., NW Y •• Sec . 19, Twp.
7 South, Ang . 87 Wnt, Sth P.M., Garfield County . Reference attached exhibit A . Further Identified as 5325 County
Road 100, Carbondale, CO 81623. Thi• well 11 the Bowers Wall No . 1 UD 38-6212)decreed in Weter Court Case Nos.
79CW121, 84CW26, 87CW387. 91CW223 and 99CW184 (pending),
5) The use of ground water from this well is limit~ to fire protection. ordinary household purposes Inside up t~g;;:mi~
dwellings, the irrigation of flot mOJe than one ( 1) a<:re of homir gardens and lawns and the watering of do';nii~ic animala.
6) The maximum pumping rate shall not exceed 16 GPM.
71 Th e return flow from the use of thl9 well must be through an individual waste water disposal system of the non-eyeporntive
type where the water is returned to the same stream system in which the well is lacated.
8) This well shell be located not more than 200 feet from the locution specified on this permit .
9) Approved for the use of an 8Xisting well. constructed on 1 2/1 2/96, to a depth of 320 feet, under emergency verbal approval
9BVE512, granted 10/31/96.
1 O) This permit has been approved for the location noted above. The location noted on the replacement epplicatlon Identified
the original well location not the location of th• existing res>lacement well. You are hereby notified that you have the right
to appeal the inuence of this permit, by filing a written request wi t h this office within sixty {60) days of the date of
issua nc e, pursuant to the State Admin istrative Procedures Act. (See Section 24·4 ·104 through 106. C.R .§.J-
NOTE: Parcel Identification Number (PINI : 23·2391 -1 93-00-046 ...#' ?1-~ ()/ ~ 8/:z. (?OO
APPROVED
DMW
Receipt No.
Assesso r Tax Schedule Number: 011206
DATE 1ssueoFEB 112000
J--.,Af': 7'.. ,,..~
;XPIRATION DATE FEB 112.00
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Addendum to Application for Special Use Permit
I. Nature, character and background of requested use.
The owners purchased the property for which this request is made
approximately two years ago on November 23, 2004. At the time of
purchase, there was a wing of the house with a separate entrance for an
"additional dwelling unit" (ADU) that contained a kitchen facility
consisting of a double sink, a stove and a refrigerator. The ADU was
leased to a tenant who continued in occupancy through the end of May,
2005. Since that time, there has been no tenant. The owners are in the
process of making renovations, and while they wish to reserve the right to
future use of the same portion of the house as an ADU, their present
intention is to use it as a guest wing.
The renovations include refurbishing the kitchen facility including more
modem sinks, stove, and refrigerator. In connection with obtaining the
necessary building permit, the owners have been advised that, although
they had assumed that any needed permit for the existing ADU and its
kitchen facility, would already have been obtained, none has been found
on the records. For this reason, this application is being filed.
With respect to the renovations currently being made, it is not
contemplated that there will be any increase in the number and type of
vehicles accessing the site. While the remodeling to be made will add
space above the ADU, this space does not connect with the ADU and there
are no changes in its size or location nor in provisions for electric or other
utility services relating to it.
2. Water and Wastewater.
There are no changes in the supply of water or treatment of waste water
relating to the ADU. A copy of the well permit for up to 3 dwellings is
attached.
3. Site plan/Map (Attached)
4. Slope/typography map (Attached)
5. Copy of Assessors Map and related information. (Attached)
6. Copy of deed (Attached)
7. Agency (Owners acting on their own behalf, not through agents).
8. Statements <7
/ J;.>J/5,
(!) Water and sanitation utilities meeting standards are in place.
(2) No change lirtrafhc volume is expected; current street improvements are
adequate.
(3) The proposed use will have no impact on or from adjacent users of land.
9. Additional review standards. (None expected but will respond ifrequired).
I 0. Fee and Agreement for Payment form (Submitted herewith).
11. Copies (Submitted herewith).
PETER BORNER ENGINEERING, LLC
PO Box 625, MONTROSE, CO 81402 • (970) 964-4424 •FAX (970) 964-4794 • pborner@bresnan.net
December 11, 2006
Mr. Andy Schwaller
Garfield County Building Department
108 81h Street ·
Suite 401
Glenwood Springs, CO 81601
RE: Special Use Permit
Drake Residence -5325 County Road 100, Carbondale, CO
Dear Mr. Schwaller:
I have been requested to address any issues surrounding the application for a special use permit
allowing the use of an additional kitchen with respect to the existing septic system (individual
sewage disposal system). I have reviewed Garfield County ISDS regulations as well as the
original Individual Sewage Disposal Permit.
From the original permit the following information was obtained:
No. of bedrooms
Percolation rate
· Septic Tank
Leach Field
4
1 inch = 28 minutes
1,500 gallons
800 square feet Infiltrators
Additional field, size unknown
The residence is currently undergoing renovation and construction of an addition. Included
within this scope of work is a planned second kitchen. The addition of a second kitchen does not
necessarily impose any additional burden to the existing absorption/leach field. This is due to the
fact that typically sizing of domestic septic systems is based entirely upon the number of
bedrooms located within the residence (the number of occupants) and not kitchen loads. Since
this is a single family residence, the simultaneous use of both kitchens is highly unlikely except
on occasions when extended family maybe present. Second kitchens are usually locate.d on
another level of the house where activity rooms or media rooms are located and are for
convenience. If on occasion there is simultaneous use of both kitchens the peaking factor that is
normally used to design septic systems should handle any temporary larger loads to that system.
If yo u have any questions, please let me know.
Respectfully,
G. Peter Borner, PE
Principal
,.