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HomeMy WebLinkAbout1.0 ApplicationSTUVER & GEORGE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 THOMAS W. STUVER TELEPHONE 970 - 625-1887 RUSSELL GEORGE MELODY D. MASSIH DANIEL D. LEMOINE VIA FACSIMILE (970) 945-7785 ORIGINAL MAILED John Barbee, Senior Planner GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 May 19, 1999 RE: WIEGNER SPECIAL USE PERMIT Dear John: FAX 970 - 625-4448 As you know, Mr. Wiegner submitted his second application for a special use permit with the special use being requested identified as a two-family dwelling. All of the required items have been submitted with the application. As you can understand, Mr. Wiegner is very anxious not to delay this matter any longer. As such, we would like to set the public hearing on this application and get the public notices sent out as soon as possible. Please have the public notice prepared and sent to my office at your earliest convenience so that I may notify all adjacent landowners and publish the notice in a timely manner. I would also request that you contact me if you foresee any questions, concerns, or problems regarding this recent application for the special use permit, so that we may address these concerns prior to the public hearing on this matter. Thank you for your time and assistance regarding this matter. Very truly yours, STUVER & GEORGE, P.C. L (Ay('tzc Melody D. Massih MDM:km cc: Dan Wiegner Racordcd at Reception No. QCkP M 413123 —"'_ M MAY 31 1990 WARRANTY DEED THIS DEED, Made this 29th day of MAY 19 90 between ROBERT J. ROWLANDS, JR. AND MARY JANE ROWLANDS of the • County of GARFIELD Colorado, grantor, and DAN WIEGNER AND ROGER W. WIEGNER AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORSHIP, .ccor r. and Statc of BC�r7S02 G ti .11 MAY 31 1990 • Stats Doc. 1'ee whose legal address is 0206 — 301 ROAD, PARACHUTE, CO 81635 of the County of GARFIELD and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of ***SIXTY TWO THOUSAND FIVE HUNDRED AND N0/100*** DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant. bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever. all the real property together with improvements. if any, situate, lying and being in the County of GARF IELD and State of Colorado described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF v0 7 -O7;'- 2 0O 1 ZZzcL NI as known by street and number as: 0206 301 ROAD, PARACHUTE, CO cL/ TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders. rents. issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed. has good, sure, perfect, absolute and indefeasible estate of in heritance, in law, in fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid, and that the same are tree and clear from all former and other grants. bargains. sales. liens, taxes assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 1990 and subsequent years, U. S. Patent reservations, any and all prior mineral reservations, easements, rights of way and restrictions, of record The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the rantor has executed this deed on the date set forth above. le;;3*,2 v// ROBERJ. ROWLAND STATE OF COLORADO County of GARFIELD MARY %AAE ROWLANDS The foregoing instrumcnt was acknowledged before mc this 29th day of MAy by ROBERT J. ROWLANDS, JR. AND MARY JANE ROWLANDS My commission expires 04/ 29 /9 4 ******* • 4pRY'BC/'s **�O•' '•C w i •• ROSE. * �', • MARIE it ..STANEK * ::Oa �� .p« Witness my hand and official scat. 919 Notary Public 400 7th Street South Suite 1000 Rifle, CO 81650 • . EXHIBIT "A" 9i.j:K '780 ncE383 A Parcel of land situated in the Northeast Quarter of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Commencing, -as-a-point--of--reference, at the East7yQuarter Corner of said Section 7 froa__whence--the-East-nine-of--said -Section 7 -bears: North-40°45'--25"-East--w-ith—al-1 —bearings —contained --herein -relative- -thereto; thence North 56°07'33" West 1389.17 feet to a -point -on —the Westerly -boundary _of --the Battlement -Mesa P:U.D;,—as-recorded -in the Garfield County Clerkand-Recorders's-office-(Reception No. 333476). Said--point-being-the-POINT CF BEGINNING: Thence North 89°21'51" West 95.00 feet; thence along--an-existing —wire -fence North 03°21'00" East 191.29 'feet; thence North 49°55'19" East 118.97' feet; thence along -•a wire fence--and--its-projection -which--is--also-the-easterly 1-ine- -of-that .and ---described. n Book_619_at--Page --522-as-recorded-in -the --Garfield County--Clerk--and Recorder's --office, South 01°32'17" West 268.70 feet to the POINT OF BEGINNING. EXCEPT that —portion--of-the northerly 10" feet thereof-used--by-the--public for public road purposes. .%J , +ta.� +s� �•1 2 y f Recorded at 9:3A O'CICCk A ro liEC_o 9 1997 Reception No. 388137 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO 80��( DISTRICT COURT, COUNTY OF GARFIELD, STATE OF COLORADO Case No. 87CV274 PMGE935 DECREE ROBERT J. ROWLANDS, JR., and MARY JANE ROWLANDS, Plaintiffs, Zoo -7 — 0-1 l - (3 -coo -C t Z1bo`�Z JOHN 0. HORBETZ, MELVIN A. GREEN, GREEN REALTY COMPANY, BERNIECE C. GREEN, JENNIE POPISH, JERRY C. GREEN and VIOLA M. GREEN, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, GUY M. STOCKTON (Deceased) and GALEDA N. STOCKTON, and all unknown persons who claim any interest in the subject matter of this action, vs. Defendants THIS MATTER heard this day. THE COURT FINDS that each Defendant herein has been properly served as required by law and rule of Court; that T. Peter Craven, Attorney at Law, has been heretofore appointed and appeared for any and all Defendants who are in, or who may be in, or who may have been ordered to report for induction into, the military service as defined by the Soldiers' and Sailors' Civil Relief Act of 1940, as amended; that this is an action in rem affecting specific real property; that the Court has jurisdiction of all parties to this action and of the subject matter thereof; that the allegations of the complaint are true; that every claim made by said Defendants is unlawful and without right; that no Defendant herein has any title or interest in or to the property described herein or any part thereof. IT IS THEREFORE ADJUDGED AND DECREED that Robert J. Rowlands, Jr., and Mary Jane Rowlands, Plaintiffs, at the time of the commencement of this proceeding, were and now are, the owners in fee simple with right of possession, of the following real property in Garfield County, Colorado: A parcel of land situated in the Northeast Quarter of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, and,/ being/m re; particularly described as follows: L�1 7 Appr. C l/ T -Form. v -`"70.•• . �+.' yr BOOK 725 ncE956 Commencing, as a point of reference, at the East Quarter corner of said Section 7 from whence the East line of said Section 7 bears: N. 00°45'25" E. with all bearings contained herein relative thereto; thence N. 56°07'33" W. 1389.17 feet to a point on the westerly boundary of the Battlement Mesa P.U.D., as recorded in Garfield County Clerk & Recorder's office (Reception No. 333476). Said point being the Point of Beginning; thence N. 89°21'51" W. 95.00 feet; thence N. O1°25'26" E. 185.49 feet; thence N. 49°55'19" E. 127.55 feet to a point on said P.U.D. boundary; thence along said P.U.D. boundary S. 01°32'17" W. 268.70 feet to the Point of Beginning. Except that portion of the northerly 10 feet thereof used by the public for public road purposes; and except that portion in conflict with that certain parcel of land described as Parcel A in Judgment and Decree recorded March 24, 1987, in Book 707 at page 916 as Reception No. 380152. Said parcel is also described as a parcel of land in the Northeast Quarter of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, being more particularly described as follows: Commencing, as a point of reference, at the East Quarter corner of said Section 7 from whence the East line of said Section 7 bears: N. 00°45'25" E. with all bearings contained herein relative thereto; thence N. 56°07'33" W. 1389.17 feet to a point on the westerly boundary of the Battlement Mesa P.U.D., as recorded in the Garfield County Clerk & Recorder's office (Reception No. 333476). Said point being the point of beginning; thence N. 89°21'51" W. 95.00 feet; thence along an existing wire fence N. 03°21'00" E. 191.29 feet; thence N. 49°55'19" E. 118.97 feet; thence along a wire fence and its projection which is also easterly line of that land described in Book 619 at page 522 as recorded in the Garfield County Clerk & Recorder's office, S. 01°32'17" W. 268.70 feet to the point of beginning. Except that portion of the northerly 10 feet thereof used by the public for public road purposes. That fee simple title in and to said real property be and the same hereby is quieted in the Plaintiffs, and that each of the • BOCK 725 P!cE957 Defendants has no right, title, or interest in or to the said real property or any part thereof, and that they are forever enjoined from asserting any claim, right, title, or interest in or to the said real property or any part thereof. DONE this /.0.1 day of , 1987, in Glenwood Springs, Colorado. Approved as to form. MILITARY ATTORNEY . Pe = r Craven ='""Go Attorney A ney at Law PLAIN FS ROBERT J. ROWLANDS, JR. a . MARY JANE Rc»ILANDS R sell George = #6096 / Stuver & George, P.C. v BY THE COURT: Gavin D. Litwiller District Judge DEFENDANT BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORO By on . De o rld - Garfield County Attorney L;i:i RICT COURT OF GARFIELD COUNl Y GLENWOOD SPRINGS, CQLORADO !'ert:fied to be a full, true and correct copy of the original in my custody. Dated l"7" 1. 6f4"."44 WzN rrttr47u • • -2407-071-03-00)110}�tj1 PARCEL NUMBER 16-. `�.+ -' -95 270092 Sec. 7: Lot 1, BLK 1 Green Sub -Div. Total .50 Ac. l0 �Q G ot GRANTEE BOOK PAGE Lois',—euy--e L /C awe..yNA,S Rbt. J. Jt O11li'y 3imrE 251 154 7v, DATE 290 SOS, KIND OF INSTRUMENT I0 -5-7S REMARKS -,"1 cu Z. - NA LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 7, T7S, R95W OF THE 6TH P.M.. GARFIELD COUNTY, COLORADO AND BEING MORE PARTICULARLY `•. DESCRIBED AS FOLLOWS: COMMENCING, AS A POINT OF REFERENCE. AT THE EAST QUARTER CORNER OF SAID ., SECTION 7.FROM WHENCE THE EAST LINE OF SAID SECTION 7 BEARS: N0O'45'25'E .f WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N56'07'33'W 1389.17 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE BATTLEMENT MESA P.U.D., AS RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE (RECEPTION NO. 333476). SAID POINT BEING THE POINT OF BEGINNING. THENCE N89'21'51'W 95.00 FEET; THENCE ALONG AN EXISTING WIRE FENCE N0321'00'E 191.29 FEET; THENCE N49'55'19'E 118.97 FEET; THENCE ALONG A WIRE FENCE AND ITS PROJECTION WHICH IS ALSO THE EASTERLY UNE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 522 AS RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, S01'32'17'W 268.70 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF THE NORTHERLY 10 FEET THEREOF USED BY THE PUBUC FOR 7 PUBLIC ROAD PURPOSES. IMPROVEMENT LOCA11ON CERTIFICATE 1 HEREBY CERTIFY THAT THIS IMPROVEMENT LOCA11ON CERTIFICATE WAS PREPARED FOR CONSUMER MORTGAGE CORP., THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE. BUILDING. OR OTHER FUTURE IMPROVEMENT UNES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 5/28/90, EXCEPT UTILITY CONNECTIONS. ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDa G ANY PART OF SAID PARC, EXCEPT AS NOTED, .� L ti c.............. .G1S • I'; LS •2 S4:{13501 1-:7: RICHARD L HOLSAN, LS. 13501 go fpo DATE o, RyF:.• p I. NOTE `` 0��� (1) NATIONAL FLOOD INSURANCE MAPS DO NOTINDICA�..��' PERTY AS BEING IN A 100 YEAR FLOOD PLAIN. (2) SURVEY SHOWN HEREON IS BASED PROPERTY CORNERS FOUND IN PLACE ALONG THE SOUTHERLY BOUNDARY. (3) BEARINGS ARE RELATIVE TO A BEARING OF N56'07'33'W ON THE EAST UNE OF SECTION 7. RICHARD L NOLSAN 4773 214 Rd Silt Colorado (303) 876-2947 IMPROVBIENT LOCATION CERTIFICATE 02060RD:a- PARACHUTE COLO. r: DATE 5/30/90 PROD. 90039 ~� �rEET�,-1OE.:1 05/12/99 WED 15:23 FAX 970 625 3305 COMMONWEATH TITLE CO -3-» STOVER • • Recorded at •V� )) o'clock 1 M. t1PY 31 1 WARRANTY DEED 1tIISWHO, Madc4h1s 29th daya MAY Reception No. 19 90 between ROBERT J- ROWLANDS, JR. AND MARX JANE ROWLANDS of the • County of GARFIELD and State or Colorado, grantor, anal DAN WIEGNER AND ROGER W. WIEGNER AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORS111p, whose Iegal address is 0206 — 301 ROAD, PARACHUTE, CO 81635 Z001 GAR? tD MAY 31 i99O Stafo Doc, leo of the Co.nIYof GARFIELD and Slate of Colorado, grantee; WTTNtSSLT-11, That the, fan I nr for and in corssidc rat ion of I he sum of '••51%TT IVO THOUSAND FIVE HUNDRED AND NO/10D"e• DOLLARS, Ina recvlpl and whMlency of twitch la hereby acknowledged. hos grantee. bargained, sold and conveyed. and by Inose 91Asenla noes grand, bergan, sell convey and wnlirm. orrb rho granhu. his hens and ensigns 40r,aa1, all 4110 vee propoely rogear01 watt inprornnerla, 1 any. Slade. lying and being fn dr. Gnurey 0t GARFIELD mosaic'', 03 CWoiado desaibad as tallow,: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF as known by street and number as: 0206 301 ROAD, PARACHUTE, CO TOGETMEA teitn all and invite. Ips naediternonks end appunenanrn, !hallo baonging, or In enystis,. appeder,Mg, and Ina lere1001 and rpra,aipna lwnnindsr and remwri(jeIS. tants. IW0na and peeks tharvol. and dl Uro e.Ioly. right, Ntle, inI..o0. clam and Penland wh19oesee o1 eco grantor, aih.t In raw co egtnly, of, in, and Io the &bora bargained grammes, wan gee haradannr.nt. and appunonaneaa TO HAVE ANO TO HOLO the said promisee above bargained and dosclibod, with Iho appurtenances. unto die gorge*, ha heirs and assigns braver. And the grantor, for himsee. his heks, and personnl reprosontatives, does covenant. grant. bargain. and agree to and with Me grantee. Ne hoin and assigns. Heir el this tune or rhe enseahng and delwny c4 Mesa presents, he is well seated or Ina premises aoove conveyed. has good, aura. p0ded, ot,olur. and irrdeleosibla a,tafo 01 in hareem*, in law, In Ice simple, and hon good lign4, lull power and lawful authority to grant. bargain. soli and convey the earn. in msrvser and tam as 04o+es0W, and that 010 same 11,10 leas and 01',.111 410ns Ml lormet arta oval grants. batgama, sates, liens. noses assessments, encurnwaleasandro4hldidnaoi Medlar*, IMO Of maw* Wever, except general taxes and asgessmente for the year 1990 and subsequent years, U. S. Patent reusrwatLone, spy and all prior minora reservations, easements, rights of way and restrictions, of record rte. giant. shell 004 tr;lt WAntlANT AND FOrlEVER DEFEND Iho aboro'bergained promises Jr. the quill and paocaabb possession of IM grantee. lee heirs and *sews, against e0 and every parson or parson. InlWlly daimons the whole or any pan meraot. Tha .ln0td.1 number Malt fnd.de the eheal Ina plural th. singular, grid Iho used any gender 4011.41 be applicable to nla goerdars. IN WITNESS I MEfEOF. lh.,g *01or has .Ireeuted In/saved on the dada eat forth above, �.,rte/�/ Y �7 , � � / �,r� �,7"i r' �r ^'"++' /��%f!! f�L`r •-i�-a-l7-^/ ROBERT.'/J. ROWLANDj'''JJR../ MARX/JANE ROWLANDS STATE OF COLORADO Coiniy of GARFIELD } } ss. } Thefo(ngninginsIIumeldwasacknuwicdgcdheforcrn1111is 29th hY ROBERT J. ROWLANDS, JR. AND MARY JANE ROWLANDS My commissionrgllres 04/29/94 e&Aaaas . ,~?1 ....ckt. r a ROSE •. pAR1E Notary Yebtie 1 L SIANEK • w 400 7th Street South Suite 1000 : 5+5:• Rifle, CO 81650 i�d}q:F OF CCM1: day 04 MAy Witness my hand and oftieul seal. 90 uo/ 1 z/ ea w'''"' 15:24 FAX 970 625 3305 • COMMONWEATH TITLE CO STUVFR q4002 • • EXHIBIT "A" IP! v:v, 780 ns1:3S; A Parcel of land situated in the Northeast Quarter of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado and being more particularly described as follows: Commencing, as a point of reference, at the East Quarter Corner of said Section 7 from whence the East line of said Section 7 bears: North 00°45'25" East with all bearings contained herein relative thereto; thence North 56°07'33" West 1389.17 feet to a point on the Westerly boundary of the Battlement Mesa P.U.D., as recorded in the Garfield County Clerk and Recorders's office (Reception No. 333476). Said point being the POINT OF BEGINNING. Thence North 89°21.51" West 95.00 feet; thence along an existing wire fence North 03°21'00" East 191.29 feet; thence North 49°55'19" East 118.97 feet; thence along a wire fence and its projection which is also the easterly line of that land described in Book 619 at Page 522 as recorded In the Garfield County Clerk and Recorder's office, South 01°32'17" West 268.70 feet to the POINT OF BEGINNING. EXCEPT that portion of the northerly 10 feet thereof used by the public for public road purposes. • • 1, ,i 5 -t or A c\/ J A c 7- L 1fri ci ow net s 7`D UZU6 ColilicJ fid, 3U/) !/924 eke 7 /3 /D c /C 10.4C- , /2/9 c e( O& 8471-//e,fl 14 e' ?�9 /.12 e/' s 3 )X 6 6©0 t` i &yy) 3 7` M e 6-A 6/6 0.2. !3/o (` ay; /9/2 ee / 007 C l` Q te) v Pe,( S. 6,9 )7 -;57- 86x 7 -r57 -Box At Z cti1v (31 o c K o 3, 51 a, e( C/•47 ca711-lici /4-74 ve D /7 R r3 G 171, (3(0c( 6.31 19/4rr?cel oo 3 IL)((14 K, R,L es c000ct ,f-i0S, 6, 513/ock e3, F�1,zeel 0 �— o o c 3( FiqQ e -A cc 7(E_ ago-) o71 03001 odi • State of Colorado 494457 [Space Above This Line For Recording Data) DEED OF TRUST FHA Case No. 051-7432712 20:: COFD-0263.. 1 THIS DEED OF TRUST ("Security Instrument") is made on SEPTEMBER 29 , 1 99 2 , DAN WIEGNER, A SINGLE PERSON AND ROGER W WIEGNER, A MARRIED PERSONtheGtantor, ("Borrower"), the Public Trustee of NORWE v :. r= -} 1 MORTGAGE, INC. County ("Trustee"), and the benefi, jar} which is organized and existing under the laws of THE STATE OF MINNESOTA address is , P . 0 . BOX 31 903 , CHARLOTTE , NC 23231 , and whose ("LFORTY SIX THOUSAND FOUR HUNDRED NINETY EIGHT AAND 00/1e0o0wesLenderthe principal sum ol' Dollars (U.S. $ * * * * * 4 6 ,I498 . 00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note') monthly payments, with the full debt, if not paid earlier, due and payable on OCTOBER 01 2 which provides for 22 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest,t,and all renewals. extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect th security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in GAR FIELD County, Colorado: (*::_EE ATTACH U LEGAL- DESCRIPTION*) TAX STATEMENTS SHOULD BE SENT TO: EIAR'CLAYSAMERICAN/MORTGAGE CORPO(ATION, P.0, BOX 31903 , CHARLOTTE, NC 282.:1 which has the address of 0205 COUNTY R0D 301 PARACHUTE Colorado 31635 .4100 VMP MORTG [Zip Code] ("Pro ert r Address ) ra oee [Street, Chit,;, _- Page 1 et __ __olilo rust = Ll1!• E FORMS -1313)293-8100 - (800)521.7291 w GARFIELD COUNTY BOARD OF COUNTY COMMISSIONS RS PUBLIC HEARING AGENDA REQUEST TO PRESENT ITEM REQUESTOR NAME: REQUESTOR REPRESENTS: / ;112/ PRESENTER NAME & TELEPHONE #: c'7) --E3 j — PRESENTATION TOPIC (TITLE FOR AGENDA ITEM) : /-7L- PRESENTATION TYPE (mark type with an "X"; enter estimated time to comp a presentation in minutes, except for consent agenda type): CONSENT AGENDA: WORK SESSION: ESTIMATED DURATION: REGULAR AGENDA: PUBLIC COMMENTS: minutes PRESENTATION DATE: (schedule on month/day & time) MUST THIS BE ADVERTISED FOR DATE? YES V NO TIME? YES NO FIRST CHOICE: SECOND CHOICE: SCHEDULED BY ADMIN: REQUESTED/RECOMMENDED ACTION OR NIOTION: (synopsis only) CONTROL INFORMATION: EXECUTIVE SUMMARY: Attached? Yes No l'7 5k peiVVA LEGAL: If there are documents, resolutions, or contracts to be signed, have they been reviewed ked approved by the County Attorney? OR Contracting Officer? BUDGET: If this item requires or results in the expenditure of County monies, is the amount of such expenditure fully covered by the existing budget? in account # AGENDA21 • GARFIELD COUNTY Building and Planning Department April 8, 1999 Dan Wiegner 206 County Road 301 Parachute, CO 81635 SPEc1 L RE: Wiegner Conditional Use Permit Dear Applicant, Your application for a special use permit, as identified on the enclosed public notice form, has been scheduled for a public hearing before the Board of County Commissioners. The Commissioners will hear your request at their May', 1999 special session. The hearing will be conducted between 9:00 a.m. - 12:00 p.m., in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is required that you attend the hearing. Enclosed with this letter is a public notice form that must be published once in a newspaper of general circulation in the area, at least fifteen (15) days prior to the date of the hearing. The same notice is required to be sent by certified return receipt mail to all property owners adjacent to the property in question, at least fifteen (15) days prior to the hearing. This includes public lands. We suggest sending the notice earlier than the required fifteen (15) days, to insure the return of the green return -receipt. It is your responsibility to ensure that all notices are mailed in a timely manner. You are also required to provide the proof of publication form from the newspaper and the return receipts from the mailing to this office at, or before the hearing or your application can not be heard by the Board due to lack of proper noticing. The day of the hearing is not considered to be public notice day. The day of the hearing is not considered to be public notice day. If you have further questions or concerns regarding the hearing or public notice requirements, please contact this office. Sincer�ly John arbee, Senior Planner Phone: 945-8212 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • • TAKE NOTICE that Dan Wiegner, has applied to the Board of County Commissioners, Garfield County, State of Colorado, for a conditional use permit in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached. Practical Description: 301 County Road 301, 1 mile south east of Parachute Said conditional use permit will allow placement of a guest house. All persons affected by the proposed special use permit are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the continents of surrounding property owners and others affected in deciding whether to grant or deny the request for the conditional use permit. This conditional use permit application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application for the above conditional use permit request has been set for the 4th day of May, 1999, between the hours of 9:00 a.m. and 12:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • 3.02 A/R/RD -- AGRICULTURAL/RESIDENTIAL/RURAL DENSITY 3.02.01 Uses. by right: Agricultural including farms, garden small animal farm for production of'-poult, fish, fur -bearing or' other smalls �llcan�mals and customary accessory uses including buildings for shelter or enclosure of persons animals or property employed in any of the above uses, retail establishment for sale of goods processed from raw materials produced on the lot; Guiding and outfitting, and park; Single-family dwelling and customary accessory uses. (A. 86-09) Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision or subdivision exemption or guest house special use approved after 7/95 and meeting the standards in Section 5.03.02. 3.02.02 Uses conditional: Aircraft landingstrrp school; group home for the elderly. A. 97-60) ch' community buildings, day nursery and Boardin _ or rooming house, studio for conduct of arts and crafts, home occupation, water impounsii.ents. (A. 86-09;87-108) 3.02.03 Uses, special• Airport utility, feedlot as principal use of the lot, cremators related business, resorts, kennel, riding stable, and veterinary clinic,shooting rang facility(A.98-108); Two-family dwelling, camper park, ski lift and trails; broadcasting studio, communication facility, corrections facility, storage, storage of heavy equipment, 2 Pace range and accessory facilities, commercial recreation c�ty�P k (Aurse A.. 97-60; 97- Public gatherings; storage of oil and gas drilling equipment; Site for extraction, processing, storage or material handling of natural resources; recreational support facilities and guest house. (A. 79-132;80-64; 80-180; 80-313, 81-145; 81-263; 84-78; 86-9; 86-84; 86-106; 87- 73) Armory dwelling unit meeting the standards in Section 5.03.02 for any lot not created after a public hearing or meeting after 7/95. Kennel 3.02.04 Minimum Lot Area: Two (2) acres. 3.02.05 Maximum Lot Covera e: Fifteener ` p cent (15%). 3.02.06 Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; building, whichever is greater. (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal 3.02.07 Maximum Height of Buildings: Twenty-five (25) feet. 3.02.08 Additional Re uirements • All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). 19 5.03.025 5.03.027 • (1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowers association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units is allowed. (7) That all construction complies with the appropriate County building code requirements. (A.95-076) Guest House: Use of a structure as a guest house must meet the following conditions as well as all other standards applicable to residential use: (1) The gross floor area or the area used for residential occupancy shall not exceed one thousand (1,000) square feet; (2) The minimum lot size shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone district; and (3) The length of stay of a guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. (A. 81-263) Shooting Range Facility: A shooting range facility shall meet the following standards as well as all other standards applicable to a Special Use: (A. 98-108) (1) All outdoor shooting ranges shall be designed by a NRA Range Technical Team, in accordance with the standards established in the NRA document entitled "The Range Manual", unless modified by the Board of County Commissioners after a public hearing in which it was demonstrated that adequate safety measures have been taken by the applicant. (2) All shooting ranges will have sanitary facilities on site. (3) Any lighting used for a shooting range shall be oriented inward and downward. (4) No alcoholic beverages will be allowed on the shooting range site. 5.03.03 Studio for the Arts and Crafts: All activity must be conducted within a building and retail sales are limited to one -of -a -land goods produced on the lot. 5.03.035 Riding Stable: (1) All horse riding shall be on the same property; a public right-of-way; other private property be permission; or publicly owned property subject to public land management agency authorization of trail use, if required. (2) No noise, dust, odors or sources of filth shall emanate from the property. (3) Any night lighting shall be hooded and directed inward to the property. (4) An indoor arena shall comply with all county building code requirements. (A. 94-148) 5.03.04 Aircraft Landing Strip: Such strip may not be in conflict with any reservation, 56