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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 101 Pi admont- Road Glenwood Springs, CO 81601 D Legal Description: See attached exhibit A ➢ Existing Use & Size of Property in acres: single Family Residence, 3.87 acres ➢ Description of Special Use Requested: Yorkshire terrier hobby breeding and showing program operated out of residence. ➢ Zone District: A/R./W) ➢ Name of Property Owner (Applicant): ➢ Address: 2O,ieam,nt Rnaa Telephone: 945-0970 ➢ City: Glenwood Siprinas State: co Zip Code: 81601 FAX: same ➢ Name of Owner's Representative if any (Attorney. Planner, etc): Kelly Cave, F a Dan K D Address: 823 slake Ave., suite 202 Telephone: 945-2447 ➢ City: Glenwood springs State: cO Zip Code: 81601 FAX: 945-2440 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.081, Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at hftp:/Avww.gaffield-county.com/building and planning/index htm or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to ail owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. have read the statements above and have prwWed the required attached information Pjch is correct and accurate to the be of m nowledae. i Last Revised: 07/25/2005 SPECIAL USE PERMIT APPLICATION FOR FRANK AND JEANNIE DONOFRIO 303 Piedmont Road Glenwood Springs, CO Submitted by: Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Avenue Glenwood Springs, CO 81601 945-2447 kelly@dankerstpc.com April 24, 2006 Ron Van Meter Via Hand Delivery Code Compliance Garfield County Building & Planning Department 108 8'h Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN esetzenAdankerstoc.com Re: Application for Special Use Permit for 303 Piedmont Road, Glenwood Springs, Colorado Our File #: 12445 Dear Mr. Van Meter: Enclosed please find two (2) copies of the special use application for my clients, Mr. and Mrs. Frank Donofrio, and a check for four hundred dollars ($400.00) for the base fee. Please contact me if you have any questions regarding the application. Yours very truly, ACAVE DAN KERST, P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEY AT LAW DAN KERST dan(@dankerstPc.com 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 KELLY CAVE TELEPHONE: (970) 945-2447 kellyAdankerstDC.com TELECOPIER: (970) 945-2440 April 24, 2006 Ron Van Meter Via Hand Delivery Code Compliance Garfield County Building & Planning Department 108 8'h Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN esetzenAdankerstoc.com Re: Application for Special Use Permit for 303 Piedmont Road, Glenwood Springs, Colorado Our File #: 12445 Dear Mr. Van Meter: Enclosed please find two (2) copies of the special use application for my clients, Mr. and Mrs. Frank Donofrio, and a check for four hundred dollars ($400.00) for the base fee. Please contact me if you have any questions regarding the application. Yours very truly, ACAVE TABLE OF CONTENTS I. Signed Application Form............................................................................... Tab 1 2. Narrative from Jeannie Donofrio................................................................... Tab 2 3. Adjacent Property Owners, Letter of Approval ............................................. Tab 3 4. Water and Wastewater Information............................................................... Tab 4 5. Site Plan/Map Drawn to Scale....................................................................... Tab 5 6. Vicinity Map.................................................................................................. Tab 6 7. Assessor's Maps, Title Commitment for Mineral Rights .............................. Tab 7 8. Deed and Legal Description, Assessor's Information, Zoning ...................... Tab 8 9. Acknowledgment Letter................................................................................. Tab 9 10. Utilities Statement.......................................................................................... Tab 10 �/ .1 April 24, 2006 Garfield County Building & Planning Department 108 P Street, Suite 201 Glenwood Springs, CO 81601 Dear Garfield County, I am applying for a Special Use Permit, so my husband and I can breed, sell, and show my Yorkshire Terriers. This program is being operated out of my residence located at 303 Piedmont Road, Glenwood Springs, Colorado 81601. My breeder license number is 96-5385-06 with the Colorado Department of Agriculture (see attached copy of the license), and I have a website at www.sunrisevorkies.com. Yorkshire terriers are small dogs (weighing approximately 3-8 pounds each). They are predominantly indoor dogs since they are fragile and thrive in the company of humans. I have been in love with the breed for 36 years, ever since I got my first Yorkie, Oliver. Unfortunately, Oliver needed surgery for a collapsed trachea. He pulled through the surgery, but died seven (7) days later from pneumonia. I was heartbroken, and I investigated more into his medical condition and discovered that it could have been prevented. A responsible breeder would not have bred a Yorkie with a weak trachea. Due to their negligent breeding, Oliver's life was cut short. I went into this business to insure that the Yorkie breed would be strong and healthy. I wanted my Yorkies to live a normal life of 14 or 15 years. In August of 1998, I called several governmental officials to check on whether there was a limit to the number of dogs that I could have at my residence for my breeding program. No one, including the Garfield County Sheriffs office, the Bureau of Land Management, or animal control, seemed to know the answer to my question. Finally, I called Steve Hackett at Garfield County, and he said there wasn't a limit to the number of dogs unless my dogs caused a problem with the neighbors. None of my neighbors have been disturbed by my Yorkies and they support me in my request to receive a special use permit (see attached letter from adjoining neighbors at Tab 3). I asked Steve Hackett if I needed a state license and he said no. He mentioned that I would be opening a can of worms if I went through state licensing. Steve said that land management was not looking for people like me, a small-time breeder, that kept their dogs in their home and enclosed on their property. He said Garfield County was looking for dogs running at large, dogs barking all night, disturbing the peace, dogs that were chasing cars, harassing wild life, chasing or harming children and/or people, making messes on other people's property, etc. Under this advise, I proceeded with my breeding program. I have had great success Page 1 of 4 breeding healthy, show quality dogs. Each dog is like my child, and I care for them night and day. This is my passion, and I love every minute of it. My husband and I have been in this business for approximately eight (8) years without any complaints, and I know that I am improving the quality of the Yorkie breed with my strong, healthy animals. Hours of OperationNehicles My day revolves around caring for the dogs. A typical day starts at 5:30 a.m. I keep my house, dog room, and sunroom very clean. I have approximately fifteen (15) dog enclosures (2 feet by 4 feet) that each have clean fleece, food, dog treats and water everyday. Each dog is fed, V exercised and loved. I clean out their enclosures and my husband and I wash their bedding everyday. The dogs have the run of the house and enjoy following me around. After these chores, I have a few hours to run errands, go to the veterinarian or groom my dogs in the afternoon. When I have puppies, I can't be out of the mother's sight. I have to change their beds at least three (3) times a day and offer the mother food five (5) times a day. Yorkies are very people oriented, and they want to be with me at all times. Around 6:00 or 7:00 p.m., I put the dogs to bed in their enclosures. Some of the dogs even sleep with me at ! night. My dogs are not my whole life, but make my life whole! I can't imagine doing a business I could be more in love with or passionate about. You must be passionate about this business to stay in it. jThere are very few vehicles that come to my residence. If a person wants to purchase a 1� puppy or adopt a dog, I travel to their home to make sure that the placement is good for the dog and the family. My veterinarian comes out to the property a few times a year, and a woman y comes once a week to assist with grooming. Existingor r Proposed Structures/ Utility Improvements We added a sunroom onto our house to provide a nice, safe environment for the Yorkies. We are also finishing a portion of our first level to provide a playroom with possible soundproofing. Please see the attached site plan for more detail at Tab 5. We do not have any proposed utility improvements. t Current Operation The first concern in going into this business was the effect it would have on the environment. We have 3.87 acres, and have planted over 300 trees, mostly, evergreens, pines, and aspens. We made several meditation areas, and put wild grass everywhere. Our goal was to create a habitat for wildlife. We also wanted to buffer the noise cars made, and the trees afford us privacy from our neighbors, and privacy for them! Page 2 of 4 We did not want our dogs to disturb our neighbors, or the wildlife, so we use our 14 by 24 Sunroom as a dog playroom, tiled our entire upstairs, built two large decks, and installed sliding glass doors to let the dogs go in and out of to play, sun and potty on the decks if the weather is nice. We also installed a six (6) foot privacy fence with approximately 2,000 sq. ft. of play area. The fencing goes into the ground six (6) inches so wildlife cannot get in and the dogs cannot get out to harass wildlife. These dogs are not outside dogs, they spend 90% of their time in the house and Sunroom or in their dog room. To insure them a good quality of life, they have the run of the house, and we leave the Sunroom doors open so they can go in and out to do their dog business when they please. If they ever start to bark, we call them in, and close the doors. They have potty pads in the house that we can wash and use over and over. Our dogs are never left outside without supervision, they weigh an average of 3 to 8 lbs. and birds of pray will go after them! A bee or wasp sting could kill them, so to insure their health and safety they prefer to be in the house. Half the dogs sleep in their enclosures in the bedroom upstairs, and the other half sleep in the Sunroom with me. It is easy to keep our dogs in different play groups with exercise pens, we also have half the sunroom for the girls and the other half for the boys. Currently, I have twenty-five (25) Yorkies at my house. Ten (10) of the dogs are spayed or neutered and all are current on their vaccinations and in good health. I breed about three (3) litters a year, sometimes four (4), and the puppies are sold to new families. You can see some of my happy customers on my website listed above. We have our own well and septic system. I five (5) gallon buckets of bleach water, one on each deck, and one in the Sunroom, living room, and kitchen, to use to clean up any messes. If the dogs miss their potty pads, we clean up immediately using the bleach water. We haul all their waste to the dump, to keep a clean and healthy environment. This water is changed daily, and flushed down the toilet. Licensing On March 29, 2006, Kyran Cadmus from the Department of Agriculture visited my residence for six (6) hours to inspect my breeding program. I was approved for a breeding license, and she remarked that I have the "perfect setup" for breeding Yorkies. I also applied for a kennel license, due to a reference in Mr. Van Meter's letter dated January 23, 2006, but Ms. Cadmus informed me that it was not required. I am exclusively a breeder, and I do not require any other licensing. Future Plans I do not plan on breeding Yorkies for more than eight (8) years. This is my retirement time, and I will not be able to keep up the pace to raise newborns after that. However, when I get done breeding and showing my dogs, all remaining dogs will be spayed and/or neutered. My Page 3 of 4 plan is to photograph these beautiful animals, and go into the greeting card business. Also, I want to write children's books about all my experiences breeding, showing and raising puppies, and the enjoyment and love they have brought to our lives! In closing, I hope that you can appreciate the love and devotion I have for this breed. I am in this business to better the breed, and breed the best quality of Yorkshire terriers that you can find. I have several champions, and I never breed a dog without Dr. Rober (my veterinarian) approving the knees and the general look and soundness of the dogs that I am breeding. I love my life that I share with my husband and my dogs! I pray you can appreciate my dog business and will grant me a special use permit. Most Since ly, V Jeannie Donofrio Page 4 of 4 STATE OF Colorado Department of Agriculture www.ag.state.co.us 700 Kipling Street, Suite 4000 Lakewood, CO 80215-8000 (303) 239-4100 (303) 2394125 FAX Animal Industry Division (303) 2394161 (303) 2394164 FAX April 10, 2006 Donna J Donofrio DJ's Sunrise Yorkies 0303 Piedmont Road Glenwood Springs, Colorado 81601 Dear Ms. Donofrio, O Bill Owens, Governor Don Ament, Commissioner Sheldon R. Jones, Deputy Commissioner You have been granted a waiver from the following PACFA rule for the 2006 license year: 12.00 C. 2. e. No more than 5 dogs over six months of age may be housed in any one common area at any one time. Facilities may request annually, in writing, from the Commissioner a waiver from this requirement if they can demonstrate provision for the safety of dogs housed within common areas. This waiver is granted based on the following information: 1) The dog enclosures are inside and in close proximity to the house. 2) The dogs are constantly supervised or individually housed in kennels. 3) New dogs are rarely introduced to the household, and all dogs are kept in age related, gender specific compatible groups. 4) The dogs have not shown aggression towards each other during a PACFA inspection. 5) Dogs in the population that are known to show aggression are housed separately. In the event that there are concerns or changes in the arrangements above, this waiver may be revoked. Keith A. Roehr DVM Colorado State Veterinarian/PACFA Supervisor Adjacent Property Owners within two hundred (200) feet of 303 Piedmont Rd, Glenwood Springs, Colorado 81601 (Parcel No. 239503200014) Parcel No. 239503200011 Mark R. & Phyllis E. Zilm 173 Piedmont Glenwood Springs, CO 81601-9518 Parcel No. 239503200015 Tina K Sachleben & Don B. Meyer 361 Piedmont Glenwood Springs, CO 81601 Parcel No. 239503200012 Pat E. Dowdy Revocable Trust Pastsy J. Dowdy Revocable Trust P.O. Box 1263 Glenwood Springs, CO 81602-1263 Parcel No. 239503200013 Arthur G. Steuerwald 505 Van Dorn Dr. Glenwood Springs, CO 81601-9258 Parcel No. 239503200016 Cary Kent Guenther 310 Piedmont Rd. Glenwood Springs, CO 81601 Parcel No. 239504400951 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602-1009 To: Garfield County Board of County Commissioners From: Neighbors of Frank and Jeannie Donofrio, 0303 Piedmont Rd., Glenwood Springs, CO 81601. Dear County Commissioners: I own property adjacent to Prank and Jeannie Donofrio in Chelyn Acres in Garfield County. I understand that Prank and Jeannie are Yorkshire Terrier hobby breeders, and breed their dogs in the sunroom kennel in their residence. 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J H O L s d G d V W EEg' �i O� y 7 Ca d � 0 �m OD Q�Q > $ V' M c > QS > QIOOLLQ 1� d > - > a :O t�l rgi N ii 1`- F OIM E S Q LL 00 F- .-� �gi j X10 r blZ 6� E E rj W 0 O y ,@ c - m u N Y> m m ¢o41 �$ t'�ia � M a V 0 V o q> W ��1FwO(7 $ IF $ V�� �+`Dg t6 'KN 5?'6is c g $ ��I€oj $ �'E mV S U V E v "'•� E a� d ID y� a ''II99g �QC S •QEQ jG§j J ! ••!�0`��•p�T� � K 8 �'a•,� o CS {�c Z gg W O 0 F J COG 6 N O J• * N O J� N 13 O¢ v ¢ c0 m S W W g iL 2 Q S U O fn 3 Q Z l...r 1SISAIVNV WSW&1 9 0 IDWALTOR� ENGLISH RESIDENCE This two story home is located at the top of Chelyn Acres Subdivision, approximately three miles from town. The lot is "sloping, oriented to the south, partially landscaped with grass, fruit trees, evergreens, russian olives, lilac bushes and lots of perrenial flowers situated in rock gardens. The home has a full view of the valley and Mt. Sopris. The home is of contemporary design with vaulted ceiling in the kitchen and living room. There is an oversized deck and two car garage. A concrete sidewalk leads from the garage to the front door. The living room has a fireplace with a wood - burning insert, large book shelves, cathedral windows facing south towards Mt. Sopris, and pine plank ceiling. The hallways and bath floors are done in paver tiles. The master bath has a jetted tub with a steam unit, double corian lays and red- wood walls. The guest bath has a jetted tub, pedestal sink, and wainscoting. The master bedroom has a built-in vanity or desk area, walk-in closet and "warm" window coverings. The guest bedroom is presently used as an. all-purpose room. The work area in the closet can easily be converted back to a closet space. The upper level bedroom has a large walk-in closet. Wallpaper has been used in the bathrooms, guest room and hallways. The house has recently been converted to natural gas heat. Cable TV lines are presently to the driveway. 4wheel-front wheel drive is is recommended for winter weather.The present owners have used a snow -removal service with an approximate cost of $200.00 per year. The well is located in the grass portion of the yard below the deck. The septic, cleaned out last fall, is located midway up the drive on the hill side. The subidivision roads are county maintained and a school bus comes directly through the subdivision. Lots of privacy and great views! 930 Grand Avenue • G1enwond Snrinuc rn. Algol . (Ang)aar,-in,n ICI SEE GIMEN IWALTORS _/ti( —`tl b /(&�J off.— 1( 7U — 1-7-3" I&RMATION sH.L,,T PRICE OWNER PROPERTY 0303 Piedmont Road Che.lyn Acres Subdivision TERMS Cash or Certified Funds or Cash to Assumable VA Loan LEGAL 1/2 of Tract 29, Che.lyn Acres Subdivision Lengthy Legal in File ,QUARE FEET 1,728 BEDROOMS 3 BATHS 2 DT SIZE 3.51 Acres ZONING Re ide ER INSTRUCTION Frame GARAGE Two -Car ERSe q tic 4SEMENT No HEAT HWNG SH Service Available f,00RS Ceramic Tile Carpet wood �NCED YARD No ROOF _Asphalt Shingle STYLE Two Story AGE 1976 TV at driveway CABLE [REPLACE w/insert PATIO Oversized Deck RM Cement Sidewalk 1,EC. HIGH 65/ GAS HIGHr 75 / k & S I HIGH 1 n/a / 0. DUES n/a PER TAXES $979.07 OTHER ASSES. n/a MIL 61.849 ASSESSMENT15,830(�/C ROOM DETAILS LOAI I1, FORMATION Vaulted Pine Plank C 41' er ing : 33 j 34 Iw •• �� ..N ir` I ves-sn boos 009 X� I I.N• I.N.. NeS•aQ-o0<o. •. •. 001 o I ® OOfi 001 j 005 OIU a.X . 0 Ue.. N.. 004 .N• 011 n • 003 008 0 ®j 4 ate. a..... ! 1 03 z . r• . / cl 012 aX.. 4. nu •002 0 r. i. r..0 ! 'w• 011 u N• pt I p' 021 20 019 •w� 0 I DIP- 022 1..•. /¢ r V 0 . t 013 I 1 r. r f4'•<r 1 • Os d u:: UI 0 N 23 o 021 e.w• � A •N •. n � . 013 I 016 � • • O o. r egg oN J r.... r... • 0 - 023 •• /? P.... f a.. a. p•. e•. Jt 4ruo0n..� . ®0 � 09 I 'IOffw/ q.N.. I • 01 M � I 0] •M1. 0 J pips uu aX• .n• o an. a.. OII I N.J a r.. a• r I 0 � %M /N.rryJ I I Nq 4•. NN ! ...rar..r.N.n 1 l � I Aolol.iPp 2185-34 •• �� ..N u. • ves-sn boos 009 I.N• I.N.. NeS•aQ-o0<o. •. •. 001 ® OOfi 001 j 005 OIU a.X . 0 Ue.. N.. 004 .N• 011 n • 003 008 0 ®j 4 ate. a..... ! 1 03 z . r• . / a 012 aX.. 4. nu •002 0 r. i. r..0 ! 'w• 011 u N• pt p' 021 20 019 •w� 0 �l ♦ � O6 iala "rTr1RN". Z I 022 1..•. /¢ r V 0 •lr• Ip P k r/rs• 04 013 uL r. r f4'•<r 1 • Os d u:: UI 0 N 23 021 e.w• � A •N •. n � . 013 016 � • • O o. r egg oN J r.... r... • 0 - 023 •• /? P.... f a.. a. p•. e•. Jt 4ruo0n..� . ®0 � 09 q.N.. +n • 01 M � I 0] •M1. 0 a pips uu aX• .n• o an. a.. OII a r.. a• r 0 � r.0 � ! (ED T.N ua• 1 l � .LTA Owner's Policy — (6-1.87) POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM CO RAGE, THE EX TIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND S ULATIONS, ST RT TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, f Date of Polic own in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Sc A, sustained red by the insured by reason of: 1. Title to the estate or interest described f 2. Any defect in or lien or encumbrce 3. Unmarketability of the title; 4. Lack of a right of access to and fro. The Company will also pay the costs, to the extent provided in the Conditions a IN WITNESS WHEREOF, Stewart Ti duly authorized officers as of the Date of PIM Chairman of the Board Cou ens ned: k�—� yzt�� nut orszA ' WIfYe of Glen d ngs, Inc. Compan o% 430, GlenwoodSprings, CU 81602 City, State as stated therein; defense of the title, as insured, but only policy to be signed and sealed by its President The following matters are expressly excluded from the coversWei Company will not pay loss or damage, costs, offarneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (indwilding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or ns or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dote of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dote of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this Ser al No. 0.9941. 3 217 41 001 (Rev. 6/87) x ffflm' 'S POLICY SCHEDULE Order No.: 16979-G Date of Policy.Actober 27, 1989 At 2:33 P.M. 0 Policy No.: 0-9941-321741 Amount of Insurance: S 130, 000.00 1. Name of Insured: FRANK M. DONOFRIO AND JUDITH RIEGER DONOFRIO AS JOINT TENANTS 2. The estate or interest in the land which is covered by this policy Is: FEE SIMPLE 3. Title to the estate or Interest in.the land Is vested in: FRANK M. DONOFRIO AND JUDITH RIEGER DONOFRIO AS JOINT TENANTS 4. The land referred to in this policy is described as follows: *SEE PAGE 2A* AUTHORIZED COUNTERSIGNATURE STEWART TITEE '(Rev. 8187( Page 2 GUARANTY COMPANY ORDER NO.: 16979-G Attached to and made a part of Stewart Title Guaranty Company Policy No. 0-9941-321741 Continuation of Schedule A -No. 4 The North 1/2 of even width of a parcel of land situate in the West 1/2 of the NH4 of Sec. 3, Township 7 South, Rnge 89 West, 6th P.M., more particularly described as follows: Commencing at the Section Corner common to Sections 33 and 34, Tp. 6 S., and Sections 3 and 4, Tp. 7 S., R. 89 W., 6th P.M.; thence S. 00040'00" E. along the section line a distance of 978.00 feet to the NW corner of said parcel of land and the true point of beginning; thence continuing along the section line S. 00040'00" E. a distance of 490.18 feet to the SW corner of said parcel of land; thence due East a distance of 590.33 feet to the SE corner of said parcel of land; thence N. 00057'00" W. a distance of 48.99 feet; thence on a curve to the right with a central angle of 60000100" a radius of 60.00 feet, an arc length of 62.83 feet, N. 29003'00" E. a distance of 60.00 feet on the long chord; thence on a curve to the left with a central angle of 60000'00", a radius of 60.00 feet, an arc length of 62.83 feet, N. 29003'00" E. a distance of 60.00 feet on the long chord; thence N. 00057'00" W. a distance of 241.75 feet to an angle point; thence N. 02008100" E. a distance of 94.60 feet to the NE corner of said parcel of land; thence due West a distance of 652.97 feet to the NW corner of said parcel of land and the true point of beginning. COUNTY OF GARFIELD STATE OF COLORADO Page 2-A STEWART TITLE GUARANTY COMPANY ALTA LOAN POLICY ORDER NO.: 16' -G SCHEDULE B PART I Policy No.: 0-9941-321741 This policy does not insure against loss or damage (and the Company wil I not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records: 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 151 as Reception No. 82338. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 151 as Reception No. 82338. 9. Right of way for Atkinson Ditch as disclosed by instrument recorded April 29, 1895 in Book 39 at page 203, insofar as the same may affect subject property. 10. One-half of the oil and mineral rights in subject property as reserved to Dan C. Wadsworth and Margaret Wadsworth by instrument recorded July 27, 1948 in Book 238 at page 83 and any and all assignments thereof or interests therein. 11. One-fourth of the minerals of every kind in subject property as reserved to J. Hilton Nix by instrument recorded April 11, 1955 in Book 283 at page 184 and any and all assignments thereof or interests therein. 12. Restrictions as.contained in instrument recorded September 13, 1967 in Book 387 at page 524 as Reception No. 238921. 13. Right of way and easement granted to Public Service Company of Colorado as applies to subject property. Exceptions Numbered are hereby omitted. See Continuation Page �. 6/a7) 87) Page 3 S T E WA RT TITLE GUARANTY COMPANY ORDER NO.:16979-G Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule B 14. Right of way for the "Fire Road", as set out in December 31, 1968 in Book 398 at page 454 as Rec 242423. 15. Deed of Trust from Patrick M. English to the Pub Garfield County, for the use of Alpine Mortgage secure $77,500.00, dated December 8, 1986, recon 15, 1986 in Book 701 at Page 390 as Reception No Assignment of above Deed of Trust to Platte Va1L and Loan Association, a Federally chartered Assom October 26, 1988 in Book 743 at page 322 as Rece Assignment of Deed of Trust to Platte Valley Fed. Loan Association recorded December 15, 1986 in H page 395 as Reception No. 372232. Agreement recorded October 27, 1989 in Book 765 Reception No. 406912. Page c 11111111111111111 ilii 111111 111111 11111 iii 11111 OF 1st 561691 04/06/2000 03:481) 81181 P356 M RLBDORF 1 of 1 R 5.00 D 0.00 ORBFIELD CODNTY co QUITCLAIM DEED THIS DEED, made this dayof April 2 bels 000, Frank M. Donofrio ofhe 'Cmmyof Garfield Colorado and Slate of ,8radtw, and Frank M. Donofrio and Donna Jean Donofrio whoselegaladdremis 0303 Piedmont Road, Glenwood Springs, of the Costly of Garfield audSnteof Colorado , grantees: WITNESS, that the system fwand in cmddemdon of the sum of Ten Dollars and other good and valuable consideration the remipt and nAdeoryofwhirh is bmeby aelmowkdged, bas remised. released, stip and QUffCLA1MED, and by thx prow rits don, remise,''knee,se0and QUffCLA1Munmthegrantees,theitheli;sue" iandassignsforever,=tntmaayinwmmonbutinjo(nt situate lyiing and being in thll the right, title, , crulk laim and demand which thegrmiwhasieandmtherW p+operty. trgUh, with impswemenu, Want, described an foEawx comnyof Garfield and StateMCulomdo, The North 1/2 of even width of a parcel of land situate in the West 1/2 of the NW 1/4 of Section 3, Township 7 South, Range 89 West, 6th P.M., more particularly described as follows: Commencing at the Section Corner common to Section 33 and 34, Township 6 South, and Sections 3 and 4, Township 7 South, Range 89 West, 6th P.M.• thence South 00°40'00" E. along the section line a distance of 978.00 feet to the NW corner of said parcel of land and the true point of beginning; thence continuing along the section line South 00°40'00" E. a distance of 490.18 feet to the SW corner of said parcel of land; thence due East a distance of 590.33 feet to the SE corner of said parcel of land; thence North 00°57100" W. a distance of 48.99 feet; thence on a curve to the right with a central angle of 60°00'00" a radius of 60.D0 feet, an are length of 62.83 feet, North 29°03100" E. a distance of 60.00 feet on the long chord; thence on a curve to the left with a central angle of 60'0010011, a radius of 60.00 feetsan arc length of 62.83 feet, North 29603100" E. a distance of 60.00 feet on the long chord; thence North 00'57'00" W. a distance of 241.75 feet to an angle point; thence North 02`08100" E. a distance of 94.60 feet to the NE corner of said parcel of land; thence due West a distance of 652.97 feet to the NW corner of said parcel of land and the true point of beginning. also Anosm by strap and number a, 0303 Piedmont: Road, Glenwood Springs, GO 81601 TO HAVE AND To HMD the same, togetherwith all and simple, the appuna unws and linvilegea memunm 6ebngir�g, wis anywiu tW.*<unta apMmtiidng, and all the °slam, tight, tide, imps'! eM tlaim wh-w-vm of the gram", either in law or equity, to the only proper use, benefit add behoof of the grantees, their heirs and assigns forever. The singular number sball include the Plum], the plural the singular, and the eofanY B� Ibe api bkem all en. 1N WITNESS WHEREOF, he gramor has mteeuted this dead on the da gfomhabova•� rank M. Donofrio STATEOFCOLORADO 5 1 ai County of Garfield ''f1 Tiff gaiog isawmest was etkn me this 10 �'-` day of April Ehs 2000, by Frank M. Donofrio U BE% Wit hapdando i seal. My to anon expires: 17, ez. ouz, 'if 1. Demes loud "City and". GO raxe•r were • �T HreetM/iaay,yaf lkrou pr,nnr Kwlytmrm Leel n'ene�e1f m35Jafi.5. CAi1 •�+•�••k•. r>Y. wrrr:wrm 'lean lroaowr�urn! andfndlNbgrWegDll Weise5l., Draw,N 80303—(aaf129L250a—&9t vew/ .a�arf��r 03x3 /�/EDi^Oe+l'^X.G y _C�[CrJCr)ixD Site: Co O�G�/ v p °3 O ` b+ m >4 °o 43 O Q u° ro O C to U N v to n4 O N F O C C A •E C •u R W C= I C q m A 41 ft S. c c 'Q° `° y 51 rnNN u 3 0 44 EF 0 0° c m 3 0 5 a@ o yl E E yo 5 E c c u u A 44 m ° v .i F 'C •' E_ u 5 u 49 toI uv y V� ql 0 @ 0 6 aY3 g @LI+ a W v o g W 4J Aro> A 41 b = _ y� z O v O Q O L V y w w@ V Q q E .o @ c :e vi c r E •- � '� �^ c '� N 3� ay+ O s m[�� y o G Ci O G Qj CW •N y U@ R u GJ U Y. tr• h E n c U a v m A 3@� v .� w $. •5 T 'UO U m A O u N o 41 0 W o� • s O H W z 0 Q 1 W w cWa O N 4 PHS o W q `o O h 4J x 3 = K a @ o a W A O � v o Q � � A w 0 x OD o t E e `o W rn v p °3 O ` b+ m >4 °o 43 O Q u° ro O C to U N v to n4 O N F O C C A •E C •u R W C= I C q m A 41 ft S. c c 'Q° `° y 51 rnNN u 3 0 44 EF 0 0° c m 3 0 5 a@ o yl E E yo 5 E c c u u A 44 m ° v .i F 'C •' E_ u 5 u 49 toI uv y V� ql 0 @ 0 6 aY3 g @LI+ a W v o g W 4J Aro> A 41 b = _ y� z O v O Q O L V y w w@ V Q q E .o @ c :e vi c r E •- � '� �^ c '� N 3� ay+ O s m[�� y o G Ci O G Qj CW •N y U@ R u GJ U Y. tr• h E n c U a v m A 3@� v .� w $. •5 T 'UO U m A O u N o 41 0 W o� • s EXHIBIT A The North 1/2 of even width of a parcel of land situate in the West 1/2 of the NWS of Sec. 3, Township 7 South, Rnge 89 West, 6th F.M., more particularlv described as follows: Commencing at the Section Corner common to Sections 33 and 34. Tp. 6 S., and Sections 3 and 4, Tp. 7 S., R. 89 W., 6th F.M.; thence S. 00°40'00" E. along the section line a distance of 978.00 feet to the NW corner of said parcel of land and the true point of beginning; thence continuing along the section line S. 00140'00" E. a distance of 490.18 feet to the SW corner of said parcel of land; thence due East a distance of 590.33 feet to the SE corner of said parcel of land; thence N..00157'00" W. a distance of.48.99 feet; thence on a curve to the right with a central angle of 60000'00" a radius of 60.00 feet, an arc length of.62.83 feet, N. 29003'00" E. a distance of 60.00 feet on the long chord; thence on a curve to the left with a central angle of 60000'00", a radius of 60.00 feet, an arc length of 62.83 feet, N. 29003'00" E. a distance of 60.00 feet on the long chord; thence N. 00057'00" W. a distance of 241.75 feet to an angle point; thence N. 02008'00" E. a distance of 94.60 feet to the NE corner of said parcel of land; thence due West a distance of 652.97 feet to the NW corner of said parcel of land and the true point of beginning. COUNTY OF GARFIELD STATE OF COLORADO Parcel Detail Pagel of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/1'reasurer..,Yroper_ry_Se�rch Assessor Subset OueAssessor Sales Search Clerk & Recorder Reception Search Basic._Buildinb_Ch_aracteristicsI Ttjx._Infor_.ma..t on. Parcel Detail Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax AreaF Account Number Parcel Number Mill Lev 008 R080076 239503200014 63.502 11 Owner Name and Mailing Address Legal Description Location Ph sical Address: 303 PIEDMONT RD GLENWOOD SPRINGS Subdivisio JCHELYN ACRES Land Acres: 3.87 Land Sq Ft: 110 Section Township Range 3 7 89 Property Tax Valuation Information http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=RO80076 1/31/2006 Parcel Detail 11 Actual Value 11 Assessed Valu Land: �— 127,0001F 10,110 Improvements: �— 184,7101[--14,700 Total: 311,710 24,810 Sale Date: 10/27/1989 Sale Price -J1130,000 Basic Building Characteristics Number of ResidentiaI Residential Building Occurrence 1 Characteristics Buildings TOTAL HEATED AR -:11' Number of CommAnd 0 Buildings: ARCHITECTURAL STYLE: Tax Information Tax Year Transaction Type Amount 2005 Tax Amount $1,575.481 Page 2 of 3 http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=RO80076 1/31/2006 Residential Building Occurrence 1 Characteristics TOTAL HEATED AR 11,632 ABSTRACT CODE: SINGLE S- IMPROVEMTSEMTS ARCHITECTURAL STYLE: 1-STRYBSM EXTERIOR WALL: T-11 SHTNG ROOF COVER: COMP SHNGL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: CARPET FLOOR: SHT VINYL HEATING FUEL: GAS HEATING TYPE: HOT WATER STORIES: STORIES 1.0 BATHS: 1.7 ROOMS: 6 UNITS: Fc- BEDROOMS: BEDROOMS- 3 YEAR BUILT: 1976 Tax Information Tax Year Transaction Type Amount 2005 Tax Amount $1,575.481 Page 2 of 3 http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=RO80076 1/31/2006 Parcel Detail 2004I Tax Payment: Second Half ($840.38) 200 1 Tax Payment: First Half 2004 IF Tax Amount $1,680.76 2003 Tax Payment: Second Half 2003 Tax Payment: First Half ($741.31) 2003 IF Tax Amount $1,482.62 2002-71 Tax Payment: Second Half 2002 Tax Payment: First Half 2002 Tax Amount $1,440.96 2001=1 Tax Payment: Second Half 2001-71 Tax Payment: Second Half 2001 Tax Payment: First Half 2001 Tax Amount $1,450.36 2000 Tax Payment: Second Half 2000 Tax Payment: First Half ($774.84) 2000 IF Tax Amount $1,549.68 1999 Tax Payment: Second Half 1999 Tax Payment: First Half 1999 IF Tax Amount $1,429.28 Top_ ol_Page Assessor Data Search Outions Treasurer Database Search Options Clerk & Recorder Database Search Options GarfieldCour y_l._I.ome Page Page 3 of 3 The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Sof wunee. http://www.garcoact. com/assessor/Parcel.asp?AccountNumber=RO80076 1/31/2006 NAME: CHELYN ACRES SUBDIVISION FIRST FILING W1/2 Section 3, T7S, R89W - SEI/4SWl/4 Section 34, T6S, R89W - GLENWOOD SPRINGS Primary Use: Single Family Residential Date Approved: 08/13/71 Resolution No. None A/R/RD Individual Well/�• ISDS��' Glenwood Springs Electric Zoning: Water: Sewer: Gas: Electric: Number Acres: 127.7 Total Lots: 36 Dwelling Units: 29 Built Out: 32 Comments: Electric Service is on Border Between Glenwood Springs and Holy Cross Electrical Service Areas May be additional lot splits based on Assessor's Office Information, Original design showed only 29 lots, additional splits by exemption and prior to subdivision regulations Chelyn Acres does not have a recorded subdivision plat and therefore may not be legally a subdivision School Impact: School Impact Fee is Applicable Setbacks: 25' Front 25' Rear 10' Sides Covenants: No Arch. Review: No Fireplace Res: No Building Height: 25' Revised: May, 1997 April 24, 2006 Ron Van Meter Garfield County Building & Planning Department 108 8' Street, Suite 201 Glenwood Springs, CO 81601 Re: Agent Acknowledgment Dear Mr. Van Meter: PARALEGAL ELISABETH GETZEN egetzen(@,dankerstne.com I am authorized to act as an agent for my clients, Frank and Donna Jean ("Jeannie") Donofrio, 303 Piedmont Road, Glenwood Springs, Colorado, 81601. Please direct all correspondence and inquiries to my attention. KC and Acknowledged: Frank Donofrio �Ikrr�mnwuaw 4�1. Yours very truly, KELLY AVE DAN KERST, P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEY AT LAW DAN KERST danRdankerstmeom 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 KELLY CAVE TELEPHONE: (970) 945-2447 kellv(a dankerstac.com TELECOPIER: (970) 945-2440 April 24, 2006 Ron Van Meter Garfield County Building & Planning Department 108 8' Street, Suite 201 Glenwood Springs, CO 81601 Re: Agent Acknowledgment Dear Mr. Van Meter: PARALEGAL ELISABETH GETZEN egetzen(@,dankerstne.com I am authorized to act as an agent for my clients, Frank and Donna Jean ("Jeannie") Donofrio, 303 Piedmont Road, Glenwood Springs, Colorado, 81601. Please direct all correspondence and inquiries to my attention. KC and Acknowledged: Frank Donofrio �Ikrr�mnwuaw 4�1. Yours very truly, KELLY AVE Statement responding to criteria from Section 5.03 of the Zoning Regulations: 1. Water and sanitation services are already in place to accommodate the applicant's breeding program. 2. There is no traffic volume generated with the applicant's breeding progam. Design of the applicant's breeding program is organized to minimize impact on and from adjacent uses of land through installation of landscape and fences (see Tab 2 of this application) in such a manner as to protect established neighborhood character. AUG ig i()tI6 August 17, 2006 GARFIELC: Garfield County BUILDING & PLp,t.; ,; ,L; Building and Planning Department 108 8" Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com Re: Supplemental Information for Special Use Permit Application Our File #12445 To Whom It May Concern: I am writing on behalf of my clients, Frank and Jeannie Donofrio, who operate a State licensed Yorkshire Terrier hobby breeding and rescue program out of their residence located at 303 Piedmont Road, Glenwood Springs, CO 81601 (the "Property"). I am writing to supplement our Special Use Permit application previously submitted on April 24, 2006 with information requested by Richard Wheeler in his letter dated July 13, 2006. A. Please demonstrate the proposed use has a legal and physical water supply. No well permit or evidence of a water supply was submitted with the application. Attached please find the well permit for the Property. My clients are in the process of applying to lease additional water from the West Divide Water Conservancy District, B. Submit a statement that specifically responds to how the requirements for a Kennel, pursuant to §5.03.15 will be met. (1) All kennels shall be completely enclosed within a building that prevents any sounds from emanating from the property boundary in excess of the Residential Zone District standards contained in CRS § 25-12-103, with the exception of CRS § 25-12-103 (2) & (3), that no noise in excess of 55 db(A) from sunrise to sunset and 50 db(A) from sunset to sunrise will be allowed.... The Donofrios breeding and rescue program is fully enclosed within their home. The Donofrios have been able to reduce the number of their dogs down to approximately twenty (20) with seven (7) up for adoption. Yorkshire terriers are small indoor dogs that are only allowed outside on rare occasions. The animals remain indoors the majority of the time. The dogs go to the bathroom on the deck or on designated potty mats. The Donofrios regularly clean the tile floor with bleach water that is disposed Iwo i �n..a.e.unm�rtowrc-.. sw mro.p DAN KERST, P.C. ATTORNEYS A PROFESSIONAL CORPORATION DAN KERST ATTORNEYS AT LAW dan@dankerstpc.com 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 KELLY CAVE �A Fes[ NE; (970) 945-2447 kelly@dankerstpc.com ,�r�? $��-��1�1.�E���I,�R: (970)945-2440 AUG ig i()tI6 August 17, 2006 GARFIELC: Garfield County BUILDING & PLp,t.; ,; ,L; Building and Planning Department 108 8" Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com Re: Supplemental Information for Special Use Permit Application Our File #12445 To Whom It May Concern: I am writing on behalf of my clients, Frank and Jeannie Donofrio, who operate a State licensed Yorkshire Terrier hobby breeding and rescue program out of their residence located at 303 Piedmont Road, Glenwood Springs, CO 81601 (the "Property"). I am writing to supplement our Special Use Permit application previously submitted on April 24, 2006 with information requested by Richard Wheeler in his letter dated July 13, 2006. A. Please demonstrate the proposed use has a legal and physical water supply. No well permit or evidence of a water supply was submitted with the application. Attached please find the well permit for the Property. My clients are in the process of applying to lease additional water from the West Divide Water Conservancy District, B. Submit a statement that specifically responds to how the requirements for a Kennel, pursuant to §5.03.15 will be met. (1) All kennels shall be completely enclosed within a building that prevents any sounds from emanating from the property boundary in excess of the Residential Zone District standards contained in CRS § 25-12-103, with the exception of CRS § 25-12-103 (2) & (3), that no noise in excess of 55 db(A) from sunrise to sunset and 50 db(A) from sunset to sunrise will be allowed.... The Donofrios breeding and rescue program is fully enclosed within their home. The Donofrios have been able to reduce the number of their dogs down to approximately twenty (20) with seven (7) up for adoption. Yorkshire terriers are small indoor dogs that are only allowed outside on rare occasions. The animals remain indoors the majority of the time. The dogs go to the bathroom on the deck or on designated potty mats. The Donofrios regularly clean the tile floor with bleach water that is disposed Iwo i �n..a.e.unm�rtowrc-.. sw mro.p August 17, 2006 Page 2—Garfield County Building & Planning of down the drain. They have 3.87 acres with trees and landscaping, and none of their neighbors have ever complained about noise emanating from their property (see the letter signed by neighboring property owners located at Tab 3 in the initial Special Use Permit application). (2) No dust, noise in excess of the Residential Zone District standards contained in CRS § 25-12-1-3, with the exception that no noise in excess of 55 db(A) from sunrise to sunset, and 50 db(A) from sunset to sunrise as defined above will be allowed, odors or source of filth shall emanate from the property. Dust is not created as part of the Donofrios hobby breeding program. Noise is not an issue as discussed above, and no odors or sources of filth emanate from the Property. Please reference Tab 2 of the initial Special Use Permit application to review the operation and cleaning practices of my clients. (3) An individual sewage disposal system capable of handling all feces and urine waste from the kennel or the feces and urine waste shall be stored in a sealed container, capable of being pumped to allow a commercial hauler to dispose of the feces and urine waste at an approved solid waste disposal site. All dog waste from these tiny animals is flushed down the toilet to the Donofrios' 1500 gallon concrete individual sewage disposal system. The Donofrios have a commercial hauler pump out the system once a year and they regularly use RidX. Bleach water is used to clean all surfaces in the Donofrios home to eliminate odors and disposed of down the drain. The dog bedding is washed regularly. (4) All liquid and solid wastes, as defined in the Solid Waste Disposal Sites and Facilities Act, CRS § 30-20-100.5, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. As discussed herein, all liquid and solid wastes are disposed of properly to protect against surface and groundwater contamination. (5) No permanent disposal of any waste shall be permitted at a site. This does not include those wastes specifically excluded from the definition of a solid waste in CRS § 30-20-100.5. The Donofrios do not permanently dispose of any waste on the Property. (6) Special events that attract more than 25 participants shall be prohibited on a site, unless approved as part of the original permit and the proposed special events are well defined as a part of the permitting process. The Donofrios do not have events at the Property that attract 25 participants. If someone is interested in purchasing a puppy, my clients go to the customer's home for consultation. .am�m..d.e•uno�uwun«w suv mro .w August 17, 2006 Page 3—Garfield County Building & Planning (7) Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes shall be removed at least weekly, or more frequently, from the facility and hauled by commercial hauler to an approved solid waste disposal site. Please see our answers above. All organic waste is disposed of properly. Bedding is washed regularly and food wastes are disposed of at the dump to eliminate vermin infestation, odors, disease hazards and nuisances. The State of Colorado, Department of Agriculture visited the Property in April of 2006 for an entire day and approved all operations, disposal and cleaning practices of the applicants (see Tab 2 in the initial application). (8) No more than (1) dog per acre of land on the property permitted for a kennel, with a maximum of 60 dogs on a single property. We submitted a text amendment to modify this provision to allow kennels on property with two or more acres. Also, it should be noted that the one dog per acre limitation was added on August 5, 2002. The Donofrios have been operating their breeding program in their home since 1998. They were initially informed by County officials that no license or permit was required and only recently learned of this restriction (see initial SUP packet, Tab 2). C. Please submit information as to any separated mineral interests on the subject property. This information can be obtained from the title commitment for the Property located at Tab 7 of our initial Special Use Permit application. Please contact me if you have any questions in regards to this matter. Yours very truly, LLY AVE xc: Jeannie and Frank Donofrio �wmva..e..v=�=��nowm�aa sur mre.yu OF COLORADO For Office Use Only OF THE STATE ENGINEER #,. tennial Bldg., 1313 Sherman St., Denver, CO 80203 $c, x Info: (303) 866-3587 Main: (303) 866-3581 AFax: 3 866-3589 http://www.water.staite cco.us 06 GE IN OWNERSHIP/ADDRESS ECTION OF THE WELL LOCATION d � ;iWa!'rtH Review instructions on the reverse side prior to completing the form.`" address phone of the person claiming ownership of the well V� Al %)Od%VA V %DAVAfla [IL tN�/�� S1°GS 8�rii 0/ — &f70 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-1143. WELL LOCATION: Well Permit Number: Receipt Number: County Owners Designation (optional) 'EZ Nell 0_3z9_3)6 B/6a! 'Add,re/Iss ity) (State) (Zip) Gt% 777' 1/4 of th@v 1/4, Sec._. Twp. � ❑ N. orrS., RangeQ_7 ❑ E. oP� W., 47 P.M. Distance from Section Lines, 20 Ft. From 1KN. or ❑ S., –3sy Ft. From ❑ E. or&W. Line. Subdivision Name _efi�GCL�Actc6s Block_ , Filing/Unit_ The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: jA Change in name of owner';&Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) Vaim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herei , s a t they are true tom our knowledge. Si ture of the neW owner Please print the Signer's Name & Title Date l9Gd NES At is the responsibility of the n w wner of this well to complete and sign the form. Signatures of agents are acceptable if an ori inal letter of a enc si ne the owner is attached to the form upon its receipt. For Office Use Only Slate Engineer By Date WRJ-S%94 Application must be complete where applicable. Type or print in BLACK IN K. No overstrikes or erasures unless initialed. NAME STREET CITY TELEPHOfVE NO. COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUNDWATER (>') A PERMIT TO CONSTRUCT A WELL o FOR: b<)A PERMIT TO INSTALL A PUMP I 1 REPLACEMENT FOR NO. ( )OTHER (2) LOCATION OF PROPOSED WELL CountY N�� '/4tof the p�� y., Section Twp.—7— Rng.-ft-- � � P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate -(gpin), Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: .M&Ail'o Proposed total depth (feet); Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR A HOUSEHOLD USE ONLY - no irrigation (0) I ) DOMESTIC II) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( )IRRIGATION(6) ( )COMMERCIAL(4) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER Name Street City (Stara) _ alo Telephone No. Lic, No.14 �,._���1 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. /07330 0 1 Basin Dist. ONDITIONS OF -APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking.rel(ef in a civil court action. APPROVED FOR :FIIU WOOIA. USE ONLY -v FOR ONE (1) SINGLE FAMILY DWEWNG AND. NOT TO BE USED FOR IRRIGATION. THE RETURN FLOW FROM THE USE.OF THI'S:WELL MUST' BE RETURNED TO THE SAME SiBEgM SYSTEM IN WHICH THE WELL IS LOCATM APPLICATION APPROVED PERMIT NUMBER 82911 DATE ISSUED MAR EXPIRATIQW-QATE MAR - BY ' 1d��g//L7✓�Gir 151 THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. +- I -+-+--(---(--+-+- + 1 MILE, 5280 FEET ---� 11 I�I�----- I T + + + + I I + _ -4_ — i NORTH SECTION LINE _ + — I T i I -I.- — '"I'" +NORTH1 O -j-V H 4- 4- ..IyL. W O_ 0 I + 4- i - + - - -+- - I Z + I 4- — + SOUTH SECTIO LINE { Nh of IM OF NW fs� hF" — '-4- . r_'' --LLI + rs� 7 + + I 1 1 4 + -4- 1 _+-_+-+-+--4- + The scale of the diagram is 2 inches = 1 mile WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (eft) ... 449 gallons par minute (9pm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1.008 gPrn Pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WH, Owner(s): Legal description e (11) E -D ' to be used. Ai (6) by distances from section lines. ' .Jasr0 ft. from /�_sec.line (nertn or soutn) -40 ft. from WOW sec. line (east or west) LOT BLOCK FILING is SUBDIVISION (7) TRACT ON WHICH. WELL WILL BE No. of acres 3"L —.Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing `§� in. from $ ft. to 40" ft. in. from ft. to ft. Perforated casing 'Mtr in. from �� ft. to -304P ft. in, from ft. to ft. (9)FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: acres:— —3/v of thed use of ground water: Household. use and domestic wells must. indicote_type of disposol. system P (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS .-TJ IJE TO THE BEST OF HIS KNOWLEDGE. 11-24, Al�w41 All . �%cam�cd<� — SIGNATURE OF APPLICANTfS) Use additional sheets of paper if more space is required.