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HomeMy WebLinkAbout1.0 Applicationa -'I GARFIELD COUNTY Building & Planning Department 108 Bt"n Street. $uite 201 Glenwood Springs, Colorado 81601 Telephone: 970. 945.82 1 2 Facsimi le: 970. 3&4.3470 uiww earfieid-county, ccm Special Use Permit GENERAL INFORMATION (to bd cofiPhted bv tha aFpticarr.) r Streei A#ress /eneral Location of Pr r L.egalDescription: --_ RECEIVED MAY 2 3 2005 GARFIELD COUNTY BUILDING & PLANNING i > Name of Proeeilv owrier(Ao-plimn0: -.. \e-FFJDsSteY I :y Address: .- \tto\ Co RS f.Oh- --Teleptrone 96t3 l1\O-- r cuv:C\BbS\-\!€-* State. (o fip Corie:8t623 FAX Address. State: ZiP Code FAX:City: Existing Use & Size of Property in acres.\OrorSS "sS' Descriplion of Soecia! Use Requested. @ Nqtetttpq t\t't'.T --. \o(. i, Name of Q]flter's R€Preseniati . , ? Doc" No Pianner: STAFF USE ONLY Date Subrnitted:: Hearing Date: EXHIBITt+t 7 , c. The site $hall be posied suc{r that itie nolice is cleariv and conspictlously visible frorn a public right-of-uray, witr, "itice =igns p*uioed bv the Pianning Department The posting mJst take place. at r"rsi tf.,itty (30) but,loi *o'* than sixty (63) davs prior to the hearing date and it thu ;;l; iesponsibilitf of the applicart to post the notice, and ensurelhat it rernain-'pot-t*J""ti[a",i durirg the clate of :he hearing' 4, -t-he Applicant is requirec to appear lgfore the Board of countv co'nmissioners at the time and datc of the pubitc hearing at lvnich ime the goarC will coniroer the requesl' ln addition' theAppi,cantshaliprovidaprco{'atthehea;ing,thatprcpernoticerala,:provided E. once the Board makes a decisjon regarding tne $pecial,use reqr-iest, staff will provide the Appticant with a signed resol-ution *"*rri*iiring tire action iaken by the Bcard Follotving the BosrC,s approyat, this office lvif i iss-ue*the Bpeciai Use. Pernrit to the applic'ant' lf the Ecarci s appi'oval includes specific "on,lition* of a[provat to be mei' thi:r office will noi issue the Official $pecial Use Permit certificate untit tnt appiicant has satisfjed aii conditions oi appro,/a:. The Sp*cial Use Permit "ppr*rf is not nniiized until this office has issued the rifficial special ui"-pJrmit certificaie ;ig# ov $,+ chairnratr of the Bcard of county Commissioners. , I ha,re read the statemenis above anc have provided the required attached iniormation ralhich is correct and accurate to the best of my knowledge Last Revi$e'r 11it7 ;20C2 trcant/owner) BEATTIE & CHAD\,VICK, LLF ATTORNEYS AND COUNSELORS AT LAW 932 COOPERAVENUE GLENWOOD SPRINGS, CO 8t60 1 STEVEN M. BEATTIE GLENN D. CHADW|CK JULIE S. HANSON TELEPHONE: 97G94F4659 FAx: 97G94S57t JHANSON@BEATTTECHADu|ICK.COM February 3,2006 Satank Water Association Board of Directors 38 Pine Street Carbondale, CO 81623 Re: Jeff Wadley Special Use Permit Appiication Dear Directors: This finn represents Jeff Wadley with regards to his Special Use Permit Appiication (the "Appiication") for two Two-Famiiy Dweliings. Garfield County Building and Pianning recommend to the Board of County Commissioners (the "BOCC") that they approve the Appiication. As you are likely aware, the last contingency that Mr" Wadley must submit to Garfield County is proof that both residences are provided legal and adequate water service. At the August 1,2005 BOCC meeting, according to the minutes of that meeting, a continuance was ordered to give Satank Water Association ("SWA") "time to decide what they want to be, when they grow up, and what ruies they're going to apply and ensure that those rules are appiied evenly to everyone...". Since these units were built, SWA has knowingly provided water to four units owned by Mr. Wadley. Prior to the installation of individual water msters, SWA knowingly billed Mr. Wadiey for two household uses based on the knowledge that there was a second kitchen. The minutes from the May 18, 1995 SWA Board of Directors special meeting states "we were knowingly supplying water to two households per building, and two kitchens per dwelling unit". A letter from Scott Williams to the Garfield County Building and Planning Department dated May 24,2005 stated "We hereby affirm we are indeed providing water to the four units". It is also evident that SWA has knowingiy provided rn ater to other residences with multi- family dwellings. An e-mail from Heather Forelicher, a former Board Member, to Jeff Wadley dated November 21.,2005 states "there were a few househoids with multiple tenants". In fact, the reason for switching to individual water meters was to ensure that residences with multi- family dwellings would pay their fair share for actual water used. The minutes from the Board of Directors meeting of April 9,2005 ask the question "how do we deal with our knowledge of second kitchens, at Wadley's and elsewhere, from here on out?" Long-time residents aiso have knowledge that there are several multi-family dweilings served by SWA. Greg Forbes, of 7227 CR 106, stated at the August 1, 2005 BOCC meeting that "there's probably at lease Yz dozen other non-allowed duplexes in the neighborhood" and even goes on to say that "having duplexes in Satank is probably appropriate..." Nancy Smith stated at / Satank Water Association February 3,2006 PageZ of 2 the same meeting that there are "ADIJ type units" served by SWA" Ron Ferguson stated he was "aware of a couple at this present time of people that have possibly two kitchens in the SWA area that we serve". Mr. Wadley relied on representations made by SWA approving the two-family dwelling. The SWA Board, or members of the Board, told Mr. Wadley that in order to be in accordance with the rules and reguiations of SWA he would have to pay double use fees, as was the precedence. Mr. Wadley has done so since the time the second kitchens were installed. SWA even went so far as to represent that the monthly rates would be "$12 per month for each family in a residence" (emphasis not added) in a letter dated January 3,20A2 attached to the monthly bi11. SWA has been providing legal and adequate u,ater to Mr. Wadley's two two-family dwellings for approximately ten years and now is telling the BOCC that they carrnot do so. The rules and regulations adopted by SWA are internaliy inconsistent and ambiguous and have been applied in a contrary manner. SWA has allowed this use by some members and now wishes to fight it against Mr. Wadley The theory of law called equitable estoppel is a principle by which a parfy who knows or should have known the truth is preciuded from denying, or assefting the contrary of, any material fact which, by his words or conduct, he has induced another, who was excusably ignorant of the true facts and who had a right to rely on the words or conduct, to believe and act upon them thereby, suffering injury if such denial or contrary assertion was allowed. SWA had the knowiedge of its rules and regulations and represented to Mr. Wadiey that he could have a second kitchen if he paid double use fees. Mr. Wadley, not being a member of the Board of Directors, relied on that representation when he constructed an additional unit and u,ould be injured financially if SWA will not provide legal and adequate water. Through its conduct, SWA has continuaily consented to the two-family du,eliing by, among other actions, knowingiy billing Mr. Wadley for double household water use, knou,ingly aliowing other members of SWA to have trn o-family dwellings and telling members that the monthly rates rvere based on each family in a residence. The Colorado Court of Appeals addressed just this issue in Holiday Acres Property Owners Association, Inc. v. Wise, et. a1.,998 P.2d 1i06 (Colo.App. 2000). ln that case, the developer of a subdivision informed a homeowner that he could place a certain t5pe of home on his property, even though the restrictive covenants did not allow for that type of home. The Court found that the association was equitably estopped from enforcing that covenant because the homeowner reasonably relied on the representation (even though it was a false representation) of the developer, that many long-time residents had knowledge of that type of home within the subdivision and the association was aware of continuous and repeated violations of the covenant and variances in the appiication of the covenant. Mr. Wadley requests that you submit a ietter to the BOCC stating that SWA will provide adequate and legal water sen,ice. If you do not submit such a letter and subsequently, the 2 / Satank Water Association February 3,2006 Page 3 of3 Special Use Application is denied by the BOCC, he will be forced to take steps forward in the legal process. Please feel free to contact me at the phone number above. Yours very trulY, , i6LLr S, Art 4/\a o4/'\--'' Julie S. Hanson Jeff Wadley Garfi eld County Board of County Commissioners GAFFIELE trDUNT 9"0384347Q EZl84.'tZE 82: Slpr P ' CE3 GARFIELDC0L'TNTYBLIILDINGAI\DPLA.NNINGDEPARTNIE,T\{T AGREEMEN FOR PAY}TENT FORM $h a ! I b e.y{ bmirr.rij',.,; xfi ap pl i calt an) - L AppLIC.ANT has submittoit ro co1itlTy an apulicarion lor *Steci\u ds e -_- ?. APPLICANT uaiors"ands and aSee's that Gartiold cr:unt-v ResotuijLrn No' 98-09' as amends'd' esrabiishcs a fee sr.:h*du1s fLrl each fype of zubrlrii.inn crr l.and o." '*it* o1'tplicaticur'r' and the guidelines tbr tne administration of thc tte stnrcture ,3.A?PLTCAN'I'andC0LrNTYagreethatlrecalrseofthesize,natu:.eoIs(})p€otthenroposcd projccl i1 is not possii:1e at fiis time to "*Jof*in the fuIl **t*' of th"'touto invOlved in processing tbe applicatiorr. APPLICANT agrees to -"k"-;*y*"ii ltlt:l P:.t: i*' estahlishett tbr the PRoJECT' and to rhere;rftur pemrir aUAitio,ral in.r. to tre biisC to APPI''C'\N,' ai"pt-iCANT agrcas tL1 makc adciitional pa)firents upon iloti{icacon'oy tu* couNTY wnerr they anc nqcessa4'as costs arc i-nuurrerl' 4. The Base Fce shall bc ja adi'r.tior: to and exctusive of arr-'- cost for publicanon or ccs'l ci consurting senice art",rri**a neccssary b.1 the B'ar,{ cf county corrmissioneis firr the considera[.rt of a'it application or ao,litic,nal COi-II{TY staff tiine oI Expcnse not ccr'ered by the Base ree' Iti actuai recordcd costs exceed the iniiial Base Eee, AP?IJCA-\'f ,irf: p.:;-ciditiolgl Uiflings to COINTY to reimburse the' COI'II(T1' ftr the proccssing of tUs pnO:ECt rn.nt c,n"i;bor"- .A}FllcANf'acknowledges that aU bitting shail be pai'l pricr to thc finar "oo.iJourio* by trre corr\"ra- of any ianil u** prt-iirouing ai,en'Jmen. or subrlirision plan' APPLICANT GARFTEI-D C.OLS{TY (hetdnafter COUNTI *nd (nereinafter AFPLICAI"IT} ag1*e as fi>llor*s: Dstc:- E-\u':.-* ,- _ --Jarr U)nnteY Ptint Name Address I No N* 33 Page 4 M:ay 22,2005 The Nature and Character of this Special Use request My residence of 1161 Co. Rd 106 and my other house at 1151 Co. Rd. 106 are zoned R/LruD which by Special Use permits two family residents' I first must apolo gize as I have the cart ahead of the horse, so to speak. As I have two family units in each one of these houses now. I admitted this to county officials with the intent to correct. Therefore I am before you in hopes of being granted a special use for two family residents in each of these houses. This request is not in response to any complaint but rather my desire to be compliant. I originally started out with single family dwellings and soon grew into two family units. I simply miss understood the special use process. My desire was to make a life in Garfield County more affordable for my family and so future generations of our family may be able to stay in the community we are very much a part of . I also wanted to be able to provide housing for other community members. My up most concern has been to respect the integrity of the neighborhood and to maintain the enjoyment of the setting, by minimizing the impact to the community of Satank. I have always responded immediately to any concern expressed to me by my neighbors. I have always worked very hard to resolve the concerns to their satisfactions, pertaining to a second families presents in these homes. For Example; I lease only to Family nucleus tenants, to keep the numbers down. I limit the number of vehicles and do not allow on street parking. I have provided a common bear proof Dumpster for all4 units to illuminate litter. Thank you sincerely for your time on this issue, Q*rr uf Jeff wad[, \ \ (1) (2) Statement in responds to 5.03 of Zoning Regulations as requested Utilities are adequate as the Town of Carbondale provides the domestic water, which is in place. Irrigation water is provided by the Rockford Ditch Association, which is in place. The Sanitation services are based on Garfield County engineering standards. Refer to Timberline Engineering As Built Certifications for each ISDS system. Electric has been provided by Xcel energy. Natural Gas has been provided by Kinder Morgan. Street are in place and adequate to accommodate the residential traffic volume generated by this use. Safe convenient accesses are in place. I do not allow more then 2 cars per unit. I did get Garfield County Road and Bridge driveway permits at time of construction. Impact minimization on and from adjacent uses, which are all residential also, was of paramount importance in design and now in function. Extensive landscaping is in place on the periphery of the lots and adjacent to the off street vehicle parking. The installation of screen fencing was placed, as an extension of a neighbors existing fencing which is of similar appearance' Lighting complies with the requirements of new subdivisions in Garheld County. The only signage is as the Garfield County Building Department required for addressing on residential houses. Protection of the established neighborhood character has been demonstrated. (3) ,,-t ar Property Owners Within 200 ft of the site. Fender-Protsman, Debra Gene 40631German Creek Dr. Paonia, Co.81428-6102 Bradford, William H. & Janie F. 31 Sopris Ave. Carbondale. Co. 8 1623-2331 Roberts, Walter E. & Thelma F. Trust Dated September 25, 7992 I188 Co. Rd. 106 Carbondale, Co.81623 Mattorano, Pete J. & Tamar 1164 Co. Rd. 106 Carbondale, Co. 81623 Hanselman, Walter P. O. Box 5161 Snowmass Village, Co. 81615 Ferguson, Patricia A. & Ronnie Lee ll44 Co. Rd. 106 Carbondale, Co. 81623 Merritt, Lucius, R. 1122 Co. Rd. 106 Carbondale, Co.81632 Colorado Rocky Mountain School 1493 Co. Rd. 106 Carbondale, Co.81623 Denny, Doug P.O. Box 1262 Basalt, Co. 81621-1262 Popish, Paul & Shelly 47000 Hwy 82 Aspen Co. 81611 Hunter, Patrick J. & Rae ann I 131 Co. Rd. 106 Carbondale, Co. 81623 Singer, Jolene L. P.O. Box 331 Carbondale, Co. 81623 Flvnn. Kathie L. +g N. 4m St. Carbondale, Co. 81623 ,t ..r 0 ffii\-H\t\WffiNS\r\I\)iltH,HW n l{ ,i. \; Su l15( 't. I 14'l t c-(r r. rf /t i I 4 l ')L< .t1,,' :t l.)l. lt " )t,# -\)rq-\\7"' \ I \ l \\-\\ iii-r r 6t" rl at I --l'rr r I.U I J [\ It il ii Ir.l l. \ ilI I I I I I Hountain iii ti Ir!i\i \ ! I I I I I ! 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Colorado RECEIVED May 24,2005 Fred Jarman, Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 MAY 2 6 ZooS ro,fffi,l,t?rtf,YillJJ Re: Special Use Permit Application for Two Two-Family Dlvellings on Block 7, Lots B & C Dear Fred, Jeff Wadley has asked the Board of Directors of the Satank \Mater Association to revisit our previous decision regarding his Special Use Application. As you may recall from our April 17 letter, our Rules & Regulatiorr, ,uy, "Each standard size tap shall provide water to no more than one single family dwelling unit." But now Jeffhas brought to our attention anc,ther passage from our Rules & Regulations. Section VI, Fees, Charges and Assessments, in a paragraph titled "'Water Service Fees", *uy. ..Any dwelling unit containing two or more permanent llitchens shall be billed one water service fee for each such kitchen." Since the County considers a residence containing multiple kitchens to be a multi-family dwelling, this sentence could be interpreted to mean that the SWA has no objection to serving multi-family dwellings. So a few days ago, we contacted Heather Froelicher, who, as Secretary of the SWA in 1995, signed the Rules & Regulations. She explained the Board's dilemma back then, before water meters came to Satank. Everyone paid the same flat fee for water. Because the Board rcalized that there were a few bandit units being served by the water system, in order to be fair to all water rate payers, they had to insert something in the Rules & Regulations requiring the owners of these bandit units to pay their fair share for water. But because they did not want to give legal recognition to these bandit units, they also inserted the sentence about providing water "to no more than one single family dwelling unit." Once we switched to metered billing in 2003, there was no flrore billing "per kitchen." Unfortunately, we have not updated our Rules & Regulations to reflect that change. It is certainly true that the SWA billed JefPs house at 1151 County Road 106 for water as "2 househqld uses," because it contained two kitchens, until August 2003. But it is not true that by billing in this fashion the Satank Water Association wished to give any sort of approval or legal recognition to the existence of a second dwelling unit within the house. Your letter to Jeff asks him to provide proof that he has "legal water service for all four proposed dwelling units. This is commonly in the form of a letter... irrdicating they are providing water to the four trnits." We hereby affirm that we are indeed providing r,vater to the four units. Garfield County will need to determine whether this constitutes "legal water service" under the circumstances. Jil Wlbw Scott Williams, President, Satank Water Association .a' t ',l.l'r Attachment: - page 4 & 6, Rules and Regulations, Satank Water Association, Ltd- c. Plans and specifications in sutEcient detail to demonstrate that the location of the tap, the Iocation of all valves, the materials to be used in making the tap, and all other aspects of the tap are in conformity with these Rules and Regulations: d. That any other entity which may be affected by the tap (for example, the Rockford Ditch Company if the service line wiil cross the ditch; Garfield County if the tap involve, a roud cut) has approved the work which affects such entity; e. That a building permit has been issued approving tle construction of the dwelling that will make use of the tap; and f. That an approved septic system is installed or that adequate provisions have been made for installation of an approved septic system or other water treatment facility acceptable to the Board. TV . STANDARDS OF INSTALLATION The following standards shall apply to all taps onto the fusociation's Water Delivery System: 1. No tap shall be made or service line installed between November 1 and April 1 of any year due to frozen ground. Z. Any tap or other work upon a service line may only be perforrred b.Y an experienced, competent contractor, appioved by the Association. The Member causing a tui to be made onto the Dstrict's Witer Delivery System shall be responsible for any and ali damages which may result therefrom. Prior to performing any excavation work involving the Assotation's Water Delivery System, or any tap or service line connected thereto, the person performing such excavation shall call for all line locations as required by applicable state law. 3. AII taps and new senrice lines shall be inspected by a qualified Association Board Member or by a qualified Carbondale Water Department Employee uPon forty-eight (48) hours request. 4. New senrice lines shall be installed at a depth of at least 6 feet to avoid freezing. 5. A standard size water tap shall be 314 inches or less. Each standard size tap shall provide water to no more than one single family dwelling unit. -4- . I lr ," I Z. Water Service Fees. The Association shall charge all Members tapped onto the system a water service fee. The amount of the water service fee shall be as determined from time to time by the Board and shall be adequate in amount to pay for the cost of water delivered to the Association by the Town, plus the ordinary operating and administrative expenses of the Association. Each dwdlling unit receiving water from the Association's Water Delivery System shall be billed one (1) water service fee. Any dwelling unit containing two (2) or more pennanent kitchens shall be billed one (1) water service fee for each such kitchen. AII bills for water service fees shall be due within thirty (30) days after the date said bill is mailed. If not so paid. the Association shall maii another bill by certified maij, return receipt requested, giving tle Member notice of the amount that is unpaid, and stating that unless said bill is paid in full within thirty (30) days after receipt_of the invoice sent bt certified mail, the Association may, at the end of such thirty (30) day period, shut off the water service to the defaulting Member until all amounts then due, including an additional shut-otf/on fee of $20.00, are paid in full. If any water service fee remains-unpaid for a period of ninety (90) days after billing, said amount shall be deemed and treated as an uri.r.or"ot for the purposes of collection and foreclosure of liens as provided in the Bylaws. 3. Assessments. Assessments are special charges which may be levied by the Association upon all Members of the Association by majority vote of the Members of the Association piesent in person or by prory at any duly called meeting of the Members. AII assessments sUatl be levied equally-upon all Members of the Association, whether or not the Member has tapped onto uod is receiving water from the Association's Water Delivery System. Assessments may be levied for the purpose of funding any of the activities of the Association, including, but not limited to, payment of taxes on real and personal properry; interest on monies borrowed; water line Construction, repair and maintenance; legal and accounting fees; and any and all erpenditures needed or required for the operation of the Association affairs. Any assessor"oi duly levied against any membership by the Association shall become a lien on the lands and improvements to lands owled by such Member subject to coilection and foreclosure, all as more particularly set forth in the Bylaws. \rtl . TVIISCELLANEOUS 1. No water delivered to Members through the Association's Water Delivery System shall be used by Members or any other persons fbr any outdoor watering Purposes, except for wintertime watering of livestock and domestic pets, Z. The Board shall have the authority to require that any existing service lines that are leaking must be repaired within one week of the leak being detected. In the event the leak is found to have occurred in a galvanized line the owrer must rePair said leak within the one week time frame and. in addition, must replace the line within six (6) months of being notified in writing of such leak In the event any service line is found to be otherwiie defective the Board shall sive stx (6) months written notice to the Member -6- + : Towtr OEC.tsgoNDArE PUBLTCWORKS 511 Colarado Avtnue Carbondatre, C0 8t623 M?. ftd Jarman Garfield Cor:nty 108 Bheve. Gleuwood SBrings, Colsrado 81601 REI Water Sewiee M:.Irrman: Tbe Toun of Carbondale pmvides \ilzrter servtce io leffWadley's prclre(y_al I 151 sEd ite i Co*ty Road 106 fS"trufl. Iv&. ryedtey is a mespb-ff of.thc Satank Water Asgaclaticn aud tho fown provides potabtre walel to &e Satank cornrnunify through an April 22,2005 Asgeclation aDdtEe agfeeqeut/cnrrEactI):.rty,r"E>,m DirectorofPublio Work & Utilities (970) 96&1307 Fax (920) 96e-0610 J irb\ @ TAPI\UMBER ?aa31 3 TOWN OF CARtsONDALE WATER/WASTEWATER TAP AUTHORIZATI ON This authorization, along with the associated fees and worksheet, shall serve as the necessary approval for connection to or increased use on the Town of Carbondale Vy'ater and"/or Wastewater system. Conditious of Approval: The undersigned certifies that the information contained on the application worksheet constitutes to their best knowledge a complete description of the facilities and intended uses for the properly described on the application worksheet. The applicant agrees to conform to ail provisions of the Carbondale Municipal Code Standards and Specifications, as adopted, pertaining to the consumption of water and the discharge of any material into the Carbondale sewer as may be amended from time to time. It is understood that the Town of Carbondale reserves the right to inspect the premises for which this water and.ior sewer tap is intended and to adjust the water and/or sewer tap fee for any discrepancy between the actual use or sh'ucture served and the information contained in the application. The undersigned firther agrees to contact and advise the Town of Carbondaie of any changes in the structure or uses served at the location for which this tap is issued. The statement above shall be binding on any present and subsequent owner of the proper"ry (as described in the worksheet application) in the event the signature below is that of an agent acting on their behaif. APPLICANT'S SIGNATURE:DATE: \'(6'3 LOCATION OF T,{P: TOWN APPROVAL:DATE: ?/b'o3 FEE PAID . 44 ZZ'. 4'DATE:5-/b oj {\btTOWN OF CARBONDALE WATER & WASTEWATER SYSTEM IMPROVEMENT FEE WORKSHEET DATE:05/16/03 APPLICATION #: TAP LOCATION: OWNER:it OWNER PHONE: SUBDIVISION: BLOCK: CONTRACTOR: Zoo3t9 1 161 County Rd 106 Jeff Wadley 0 Satank (Cooperton) O LOT: 0 USE OF PREMISES: Single Family Dwelling WATER FACTOR RESIDENTIAL KITCHEN 0.3 BEDROOM 0.1 WASHING MACHINE 0.1 OTHER USES O GREEN SPACE/2OOO SQ FT 0.1 TOTAL GREEN SPACE O CALCULATED IRRIGATED SPACE O EQR SUtsTOTAL O # OF PREPAID EQR TOTAL EQR WATER & SEWER SEWER # OF FACTOR UNITS WATER TOTAL SEWER TOTAL 0.4 1 0.2 0 1.6 0 0 o.4 0.2 o.2 0 0 1 5 1 0 0 o.3 0.5 o.1 0 0 0.9 0 0.9 IN-TOWN WATER TOTAL IN-TOWN SEWER TOTAL TOTAL TAP FEE (' v-* qoa c This worksheet along with the required tap authorization and associated fees shall constitute an agreement between the applicant and the Town of Carbondale for initial connection or change/expansion in use with regard to impacts on the Carbondale water/wastewater system. $4,725.00 \\r,\ 200509r TIPI\UMBER t^;- .- TOWN OF CARBOI{DALE WATER/WASTEWATER TAP AUTIIORIZATION This authorization, along with the associated fees and worksheet, shall serve as ttre necessary approval for connection to or increased use on the Town of Carbondale Water and/or Wastewater system. Conditions of Approval: The undersigned certifies that the information contained on the application wilksheet constitutes to tfueir best knowledge a complete description of the facilities and intended uses for the property described on the application worksheet. The applicant agrees to conform to - ali provisions of the Carbondale Municipal Code Standards and Specifications, as adopted pertaining to the consr:mption of water and the discharge of any material into the Carbondale sewer as may be amended from time to time. It is understood that the Town of Carbondale reserves the right to inspect the premises for which tlis water and/or sewer tap is intended and to adjust the water and./or sewer tap fee for any discrepancy between the actual use or stnrcture served and the infonnation contained in th; application. The rurdersigned further agrees to contact and advise the Town of Carbondale of any changes in the structtre or uses served at the location for which this tap is issued. The statement above shall be binding on any present and subsequent owner of the property (as described in the worksheet application) in the event the signatr:re below is that of an agent acting on their behalf. APPLICA}IT' S SIGNATURE :DATE: a'!-j'S LOCATION OF TAP: \t 6 t G*tr Q.oJ \o 6 TOwN APPROVAL: --E+:- DATE:3/rrIor FEEPAID:r"r,t . -ro?, -{ 6cR.(.f3,rfo.oo,) ONfE': slnlo]f (""n o6'-ro',1 TOWN OF CARBONDALE WATER&WASTEWATERSYSTEMIMPRoVEMENTFEEWoRKSHEETDATE: 03l17l1s 2oosOq o 1161 CountY Road 106 Jeff WadleY 963-1910 Sutank 0 LOT: 0 0 APPLICATION #: TAP LOCATION: OWNER: OWNER PHONE: SUBDIVISION: BLOCIC CONTMCTOR: USE OF PREMISES: RESIDENTIAL KITCHEN BEDROOM WASHING MACHINE OTHER USES GREEN SPACE/2OOO SQ FT TOTAL GREEN SPACE CALCUISTED IRRTGATED SPACE EQR SUBTOTAL # OF PREPAID EQR IN-TOWN WATER TOTAL IN-TOWN SEWER TOTAL TOTAL TAP FEE WATER SEWER FACTOR FACTOR # OF WATER UN]TS TOTAL SEWER TOTAL 0.3 0.1 0.1 0 0.1 O RVR 0 Other 0 TOTAL EQR WATER & SEWER $3,150.00 0.4 0 0.2 0.3 0 0.1 00 00 0.4 0.2 0.2 0 0 0.4 o.4 0.6 0 0.6 This worksheet along with the required tap authorization and associated fees shall constitute an agreement between the applicant and the Town of carbondale for initial connection or charige/expansion in use with regard to impacts on the Carbondale water/wastewater system' ,I d J {/-t e,u JI C,/ nd q />.\ c, /!@it(t8/' &',E&{lr\' ttetedl(ffi- l.ilEb \(\Hl.aniw' (( s)o{* /r &-9 s,r ..-, - ) I ttnl[ ilL f u |,lI]| ill un l!I[f I L uL l|r ;l.[[trt I r or 1 R 6.00 o o.ao cinriE[o' boUirv co QUITCLAIM DBED THls DEED, madc this J't* dav of \ . . , ffruXl"t*,Ss91ix'I'\{g3TRutt \r"-terr Apntu tt--,iqtL - ofthe AfiAN\Oe'Counlyof Colorado, granto(s), and--i;t;ffiY F,1.,.ANL*.Y SsBoattsB3i".{Gio[[ie -Qo Btue: county of GA.Rbft L[ WITNESS; that the grantor(s), for and in consideration of the sum of Cor..s16gf,h\r,o p r s s -.6113 the receipt and sufficiency ol which is hereby acknowledged, ha$ , \qqB *TSG, rr:UCG y and State of whose legal address is of the and State ofColorado, grantee(s), (:co\, Ntrs ! er,tf,\BLE DOLLARS, remised, relcased, sold and QUITCLAIMED, and by these remise, release, sell and QUITCTAIM unto the grantee(s),b\rS h"in, successors and assigns forever, al.l the right, title, interest, claim and demand which the granto(s) haJ in and to the rcal property, together with improvements, ifany, situate, lying and being in the Slr.tr Countyo[ (;1SnFreU\and State of Colorado. describcd as follows: F*o*.= (oo [rG.\*ro s , Nqcq$tsrl.>6 -to \t\e- No",*n- Q- , \t."K I , F*r.E\-.G oF N.qcq$tstl->6 -to \t\e- gr..er.;aEN lrLt-tEp!\EN NLt-r oF . . 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The system installed system is larger than the 5 bedroom capacity that was original\- designed' The final conliggration of tte leach area is large enough to supporl I bedrooms' The final septic tank of 2"0ffi gallons is large enough for 7 bedrooms' Attached is the as-built drawing fnr the system' If you have any questions, please call rne at 953-9869' Sincerely. TIMBERLIi\iETTMBERLINE lNfr,;It, lP.o. tsox 63[ CARtsONDA]LJB, CO. 81i623 FHONE 9?0 963 9E69 / rAx 970 g)3 9003 illjilr iii iI iill i I il David A. Powell, Reg. No. 25851 llvl Garfield County Road and Brtdgs @ertmcnt P.O. Box ti$ Bifle, CO 81650 Phon*(970)6ffir f ex- (970)62$,E627 Invoice Invoice Dete: 424f!Jog Involce Nsmben 11 i"'---'; Biil To: ]effWadlev 116I CR lffi Carhondale , CO Drivewry Permit Number tl f,[5.m pet Hveway Pomit. Er*:yrrl:s{I!r Totel flue: Thank Youl 81623 cr< #- b31 ( a o ELF ET, -l)oiEE -sEEe.g?.G- tr. 5o-*!Ev€F'i 'EcPoI -Cat-Sorst.99 -t.l r->6 ia, EElfoc aL>e:aLelri3aCta E.iEc.;EE i;.v!. S TE EEri = aA! EU, a!!reE d +$ i:dr;g; rfE:E.1r -E .E ,E\J-! a c=E 3.Ee.t 5: E'i5 e=! Er I |n1 C,ic.{i i ril l*l >r a,)l I .J (q hi 5', rol,dl $i, H!c lth # 3.e4 (D E € ;t B C r-" I T -i,,t l Fil 8r 1.. ,o,*i .= o.Yr cr'I-ttEr llrirHI 8l \Clo.-l€iIHt-l!i!. I BI I \o r{ -tl u1o,o "o n0 .E = c0 .l 8r l .l 0)t -{l .8i $ & -lrf').'1 Ixd Iol 1(Ata E >* clr{dg r+i+{u? u)c 't,'5 0)g 3 rJ {} N "lrl 'l 'sott: 2aU I F -l,l I "i \0 \()\f) co iz ts () =f, ,#a#r E C- $i =l 6l.-r i+)l "(iL. dtrr_ | I 6 >i .dl ts,ll-rl I 0)lF-{ i .5i U)I 't6() thtbcl UI) =E';t b;E.t(j) E: 6*vDIr 3F'-x,-r-toiD .t ()(,1 *; L 'b/ a.B" i-o€sI-9:,= EE ; E l^FCirq,ii E' EtrO E EI7sFU = AEf, E IE-l===^-aelEdBo'q = IE: v = =813 E }ru-=sE,E 8, E -ir*aEEh i; E(JEg E*E5.5()5qgi rrDEE: E igE ,*i; s EE!^ 9 ;iEI * Y!== E .s*i* * E!It Ec?. ts+ *";E lli E:i-. I.rf 83E2 ;Ei EaE h\)EI\ t3 $q) a.\)o \S' s)trfB,4.\ltn.bhiL -q) \) o dn r aii{il.ilfimid@rqlB $ I(qL .|J .i[|r:lp-!tra.rrrs wABER e,Eaocra,IBEoN gA Fwre $rgwgfmosu GansowDarte, GoaoRADo A I 6gAGARI" ii:. !. Lr L.,t ,JNTY BUlLDitv( * r i-il,.,tNlNG September 21,2005 Board of County Commissioners of Garf,reld County 108 8th Sfeet, Suite 201 Glenwood Springs, CO 81601 Special Use Permit Application for 2-Two Family Dwellings; ll6l and Il5l County Road 106; Jeff lYadley, Applicant Dear Commissioners: Since the August I't hearing on the referenced Application, the Board of Directors of the Satank Water Association ("Association") has carefirlly reviewed our organizational documents and our agreements with the Town of Carbondale in order to determine the Association's ability to provide water to multiple family dwellings. As background, prior to 1993, there was an agreement between the Town of Carbondale and an informai organization known as the West Carbondale Water Users, by which the Torvn provided water to some of the residents of Satank. In August, 1993, the Satank Water Association was formed as a Colorado corporation for the primary purpose of obtaining the fi.rnding to construct a new 8-inch water main (the "Association's Line") between Carbondale's water delivery system and Satank. At the same time, the pre- existing water agreement with the Town was amended so that the Association would replace the old, unincorporated West Carbondale Water Users as the entity that would be responsible to the Towl for the payment of water service fees and the administration of water delivered from the Town's system, through the Association's Line, and then to homes in Satank. Under our agreement with the Town, as amended, the amount of water that the Town will deliver to the Association's Line is limited to fifty-one (51) water taps. Under the Association's organizational documents, in order to receive water from the Association's Line, a properry owner has to be a member of the Association. Each member of the Association must sign a written subscription agreement which says that each member agrees "to be bound by such rules and regulations of the corporation as now exists or may be adopted in the future." Mr. Wadley is a member of the Association and has signed the Association's Subscription Agreement. Re: The Association's Rules and Regulations clearly state: "Each standard size tap shall provide water to no more than one (1) single family dwelling unit." Under these documents, the Board of Directors of the Association has concluded that the Association is not authorized to provide water to anything other than single family dwelling units. For that reason, the Association cannot commit to provide legal water service to the structures located at I 161 and I 1 5 I County Road I 06 if they are converted to two family dwellings. Sincerely, SATANK WATER USERS ASSOCIATION JefT Wadley Richard Wheeler Scott Williams, President Smith, Secretary Thane Lincicome, Director By: Br-: RECEIVED JAN 2 6 2006 -\ 1,,81. 3,}S,'-'&?'Uil-l-- January 23,2006 Board of County Commissioners of Garfield County 108 8th Street Glenwood Springs, CO 81601 Re: Special Use PermitApplicationfor Two Two-Family Dwellings 1161 & 1151 County Road 106 Jeff Wadley, applicant Dear Commissioners, On January 4,2006,the Satank Water Association held a Special Meeting to discuss the decision made by the Association's Board of Directors regarding JeffWadley's application. That decision, spelled out in our attached September 21,2005 leffer to you, is that we cannot commit to provide legal water service to the structures located at 1151 and I 161 County Road 106 if they are converted to two-family dwellings. The general membership of the Association voted to write a second letter to you, expressing their support for the position taken by the Board. The vote was22 in favor, 3 opposed, with 3 abstentions. lU*rrl/-fr '%"*u- Nancy S*nith, Secretary, Satank Water Association xc: Jeff Wadley Richard Wheeler, Garfield County Planning Department Attachment: September 21,2005 letter from SWA to BOCC Eaeasrs Sfagen' AsaocrA!trtou 9iBPurosg Sreeroogr Gansosrparie' Goaon^c,Po A geg8 September 21,2005 B.ECEIVED Board of County Commissioners of Garfield County iog gtn Street, Suite 201 ^. .^1 Afrn*ooA SPrings' CO 81601 Re: Special Use Permit Application for 2-Two Family Dwellings; l'ui-'"l-i151 countY Road 106; J eJf lY adl eY' AP P lic ant 0c1 0 5 2005 E$s,'s}?-"sH$il'[ Dear Commissioners: SincetheAugustl,thearing.onthereferencedApplication,theBoardofDirectors of the satank liffi'a""tiuTi"' "';;;i"u"ry'l 'rt"t caref,rllv .reviewed our organizational documents and o* u*r".L",,t'"*iif' tf'" '; of Carbondale in order to determine tne essoJiaiion's ability * J;;td;;;;to multiple familv dwellings' Asbackgroun!'pr10rtoYl.?;iirj-ilT,t1ifi:::t",*"""Jx::t"jEJ:Jlij Cu.Uonad" and an informal organlzatll which the Town provided water ro ,o*. "iif" residents "ft;*"k' In August' 1993' the Satank water o*"""1"r", *1, ro*"a'* u cororado corporation for the primary purpose of oboi,i,e tr'" r'"ai"e to construct, *1":*"::^Xlll%tX""t*'il:tl::li"**.^ Ctuondale's water delivery existing water -#;;; *i,t, 11" i"Y;;;r-"^iJ'q 'o it'* the Association would reolace the old, tt"i""otp o'ated w e st 3 ffi ffi ;* ;:: *f t;:";:tl.J;Xm* :; *kT'.',',n:mn* JI",f 1fi *: i#ffi ilJ iil *io,', L ine, and then to homes in Satank' ith the Town, as amende$'^the ry*.:i"Y?::ltti:[: r.wn#fi iHHtr[:T*]x,l"T{i#::l'J4[*ry;;*s*-*,',15;:fr iTown will deliver tJthe Association's Ltne ls llmrltru '' '^^'io"l...tr" water. from the the Association'' '";;i;ffill :::11'"'1li'nj'" ""11[oil ffi;i"*i"."* " t*ir'.X#;;i;; - -"'ganizationar j::tT:T' njnu [ffiil; ffi ; lssoci ation Each A;r.;;,i;"'s Line, u. nlon"tty :TT o *ni*en s,rur".iptio, ugr""m"t't which Y: jY,le.rro"t io"': Ltl", a propertv :*T ik;;r"ur".,pti* agrleSent *hi":, ;"JL;; of the Association '"":: t'19i..:h nrres and regulations-of the corporati' that [*H ji$:$j:::.#!"1#H:it:+#'sffi ,1;"f;1*:il,T.};;:x"t?1,,T#JH}ffi*;l*r";:Jl\qi:!jl$",y.*:?T"'#*u*o*heAssocia'1ionandexrsts or rrlav "" **";;;;'l' s'utttiption Agreement' has signed the Assoc