HomeMy WebLinkAboutApplication- Permit.M ,
GARFIELD COUNTY
BUILDING, SANITATION
and PLANNING DEPARTMENT
109 8th. Street, Suite 303
Glenwood Springs, CO 81601(970) 945-8212
No. 7764
Job Address L i /S CR 1 , 1,'L' i-+..21,4_ it 66 J
Nature of Work Building Permit
Use of Buildiu .ii[-.
Owner 64 'k, C4 4:2.
Contractor
Amount of Permits 2
Date
Es,at,„I
2 Y)
Clerk
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GARFIELD COUNTY BUILDING PERMIT APPLICATION
BLEPHONE: (970) 9454212
GARFIELD COUNTY (G ENWOOD SPRINGS), COLORADO 3"1-50
/ / INSPECTION LINE: (970)011011111
PERMIT NO. /9/40 PARCEL/SCHEDULE NO.
Ce ADDRESS:
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A SEPARATE ELECTRICAL
COLORADO.
THIS PERMIT BECOMES
AUTHORIZED IS NOT COMMENCED
WORK IS SUSPENDED OR
AFTER WORK 15 COMMENCED.
I HEREBY CERTIFY THAT
K .OW THE SAME. TO
GOVERNING THIS TYPE
HEREIN OR NOT. THE
AUTHORITY TO VIOLATE
• LAW • r
" • 101 '' iO �l
Allitgi
NOTICE
PERMIT IS REQUIRED AND MUST BE ISSUED BY THE STATE OF
NULL A.`'D VOID IF WORT: OR CONSTRUCTION
WTTHlht 110 DAYS. OR IF CONSTRUCTION OR
ABANDONED FOR A PERIOD OF 110 DAYS AT ANY TIME
1 HAVE READ AND EXAMINED THIS APPLICATION AND
BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS
OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE
OR CANC 1 PROVISIONS OF ANY OTHER STATE OR
G r •, +CT1ON OR THE PERFORMANCE OF
i4 Date i q‘24,90ZONING:
authorized ' read and understood oo ' e aEdve.
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PLAN CHE•L,
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PERMIT FET;•: /jf
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TOTAL FEE:,, DATE PERMIT ISSUED;
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OCC. GROUP: CONST: T�'PE:
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SETBACKS:
5
Owner. Contractor
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MA11J HOME:
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Building Dept. Approval/Date
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Dapt. • De
AGREE«NT
MILMISS ION 15 HEREBY GRANTED TED TO THE APPLICANT AS OWNER, CONTRACTOR AND.'OR THE AGENT OF THE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUCTURE A
?ETAILED ON PLANS A.ND SPECIFICATIONS SUBMITTED TO AND REVIEWED BY TIM BUILDING DEPARTMENT.
N CONSIDERATION OF THE ISSUANCE OF THIS PERMIT, THE SIGNER HEREBY AGREES TO COMPLY WITH ALL BUILDING CODES AND AND USE REGULATIONS ADOPTED B'
.ARFIE D COUNTY PURSUANT TO ALTHORITY GIVEN IN 30.21.201 CRE AS AMENDED. THE SIGNER FURTHER AGREES THAT IF THE ABOVE SAID ORDINANCES ARE NOT FILL'
`OMPLIED WTTH IN THE LOCATION. ERECTION, CONSTRUCTION AND USE OF THE ABOVE DESCRIBED STRUCTLRE. THE PERMIT MAY THEN BE REVOKED BY NOTICE FRO'
��- COUNTY AND THAT THEN AND THERE IT SHALL, BECOME wu. AND VOID.
nice ISSUANCE OF A PERMIT BASED UPON PLANS, SPECIFICATIONS AND OTHER DATA SHAH. NOT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING T}
ORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS AND OTHER DATA OR FRO PREVENTING BUILDING OPERATION BEING CARRIED ON THEREUNDER WHEN I'
_IOI.►TION OF TIES CODE OR ANY OTHER ORDINANCE OR REGULATION OF THIS JURISDICTION.
ral. REVIEW OF THE SUBMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER. DOES NOT CONSTITUTE AN ACCEPTANCE OF AN
SSPONSIBILTTIES OR LIABLITIES BY GARFIELD COUNTY FOR ERRORS. OMISSIONS OR DISCREPANCIES. THE RESPONSIBILITY FOR THESE ITEMS AND IMPLEMENTATIC
'IJRING CONSTRUCTION RESTS SPECIFICALLY WITH THE ARCHITECT, DESIGNER BL'II..DER AND OWNER COMMENTS ARE INTENDED TO BE CONSERVATIVE AND N SUPPOR
_R THE OWNERS NTEREST.
T HEREBY AC$NOWLE THAT I HAVE READ AND UNDgRSTAND THE i.MENT ABOVE, 1WTFIAL1
G'tea/0g- , /vim ‘07 `0„ei .2 7
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The following items are required by Garfield County for a final inspection:
1. A final Electrical Inspection from the Colorado State Electrical Inspector;
2. Permanent address assigned by Garfield County Building Department posted where readily
visible from access road;
3. A finished roof', a lockable house, complete exterior siding, exterior doors and windows
installed, a complete kitchen with cabinets, a sink with hot & cold running water, non-absorbent
kitchen floor coverings, counter tops and finished walls, ready for stove and refrigerator, all
necessary plumbing;
4. A complete bathroom, with wash bowl, tub or shower, toilet stool, hot and cold running
water, non-absorbent floors and walls finished and a privacy door;
5. All steps outside or inside over three (3) steps must have handrails, guard rails on balconies or
decks over 30" high constructed to all 1994 UBC requirements;
6. Outside grading done to where water will detour away from the building;
7. Exceptions to the outside steps, decks and grading may be made upon the demonstration of
extenuating circumstances, i.e. weather, but a Certificate of Occupancy will not be issued until all
the required items are completed and a final inspection made.
A CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED UNTIL ALL THE ABOVE
ITEMS HAVE BEEN COMPLETED.
****CANNOT OCCUPY OR USE DWELLING UNTIL A CERTIFICATE OF OCCUPANCY
(C.O.) IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE
CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATION
PREMISES UNTIL ABOVE CONDITIONS ARE MET.
I understand and agree to abide by the above conditions for occupancy,use and the issuance of a
Certificate of Occupancy for the dwelling under building permit # G
`Yfif1/r,v
Gt
Date
S v er
SDS re -7.0c)
•
•
•
• 1 111111 11111 111111 111111 III 1111111111111
519638 01/27/1998 04:03P B1051 P358 M ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a REGULAR meeting of the Board of County Commissioners for Garfield
County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in
Glenwood Springs on MONr AY , the 26 of JANTIARY A.D. 19, 98 , there
were present:
Marian Smith
John Martin
Larry McCown
Don Deford
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 98— 06
A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT
APPLICATION FOR JAMES MAHAN
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received application from James Mahan for a Conditional Use permit for a Home Occupation and
a Studio for the Conduct of Arts and Crafts, in the Agricultural/Residential/Rural Density Zone
District on the following described tract of land:
S1/2SW1/4 and NW1/4SW1/4, Section 8, T7S, R89W of the 6th P.M.
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 12th day of January, 1998, upon the
question of whether the above-described Conditional Use Permit should be granted or denied, at
which hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said Conditional Use Permit; and
3�
0
•
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4111 111111111111111111 I11,111111111111111111111111111111
519638 01/27/1998 04:03P B1051 P359 M ALSDORF
2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting; and
2. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended; and
3. For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Conditional Use Permit be and hereby is authorized permitting
the use of the above described tract of land for a Home Occupation and Studio for the Conduct of
Arts and Crafts, upon the following specific conditions:
1. That the applicant provide a report from a civil engineer, based upon the engineer
performing a percolation test, as to the adequacy of the individual sewage disposal
system to meet the sewage disposal needs of the structure, for submittal to the
Building Department for a permit, prior to the issuance of the Conditional Use
permit.
2. That the applicant provide a stamped set of plans, prepared by a licensed architect or
structural engineer, to the Building Department for the issuance of a building permit,
prior to the issuance of the Conditional Use permit.
3. That the Conditional Use permit is only valid for the home occupation (office) and
arts and crafts studio. Further that the building will not be used as an apartment or
extra bedroom as noted in the application. The proposed gym and storage may be
allowed subject to the appropriate building permit being issued.
4. All other representations of the applicant made in the application or verbally at the
hearing, shall be considered conditions of approval, unless modified by the Board of
County Commissioners.
5. The only residential use allowed on the property is the existing single family
dwelling and the one (1) accessory dwelling in existence presently.
6. The application will be reviewed by the Board of County Commissioners in a public
meeting 180 from the date of approval of this Resolution for a determination of
compliance with the conditions of approval.
•
•
4110 111111111111111111 IJIIII 11111111111111 1111 1111 1111
519638 01/27/1998 04:03P 01051 P360 M ALSDORF
3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
Dated this 27 day of January , A.D. 19 98 .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Clerk of the Board Chairman
r-.
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
CO HATRMAN MARTAN T. SMTTH
COMMISSIONER LARRY L. MCCOWN
, Aye
COMMISSIONER JOHN F. MARTIN , Aye
Aye
STATE OF COLORADO )
•County of Garfield )ss)
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
•
1
Garfield County Planning Dept.
109 8th St.
Glenwood Springs, CO 81601
4° OOD sp ,
Dear Sirs; 8 May 2000
The purpose of this letter is to verify that the property at 0648 County Road 126 (Black
Diamond Road), owned by Mr. Jim Mahan, is under the protection of the Glenwood
Springs Rural Fire Protection District. Our current District boundaries cover County
Road 117 (Four Mile Road) to the area above Ski Sunlight, Four Mile Park, as well as
the areas surrounding 117 Rd. This includes Black Diamond Mine Road. From his
address above, Mr. Mahan is able to see our Station #4, located at 4654 117 Rd.
This letter is again, to verify that the address above lies within our coverage area. This
letter is not to be considered in any way as an approval for any building and/or
development plans that may be in the process of consideration by the Planning and
Building Department of Garfield County.
If you have any questions, please do not hesitate to contact me at (970) 945-4942.
Thank you.
Sincerely,
Carl L. Smith, Acting Battalion Chief
Glenwood Springs Fire Department
cc: Jim Mahan
806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-4942 FAX 970/945-6040
J & M PUMP COMPANY
0241 COUNTY ROAD 167
GLENWOOD SPRINGS, CO 81601
(303) 945.6159
May 16, 2000
Jim Mahan
0648 Co Rd 126
Glen. Spgs. Co. 81601
RE: Spring water test
Attn: Jim,
RICH WED NAY 1
2000
After reviewing the spring water supply for your domestic use, the
following results were obtained:
Water Flow: 15 GPM
Storage: 5000 Gallon Fiberglass Tank
I feel this water supply and storage are adequate for three single
family dwellings with usage of 350 gallons per day per household.
If you have any questions, please call Rick, 945-6159. Thank You.
J &ump Co.
/14 14i4
Richard A. Holub
Lic. No. 1196
.1 ,
GARFIELD COUNTY
Building and Planning Department
February 25, 2000
CERTIFIED -RETURN RECEIPT # Z 188696562
Jim Mahan
0648 County Road 126
Glenwood Springs, CO 81601
Dear Mr. Mahan:
As a result of a site review and neighbor complaints, it has been determined that there may be a violation on
your property at the above address. It appears that there has been no attempt to comply with the conditions
of approval contained in Resolution No. 98-06 of the Garfield County Board of County Commissioners.
The Resolution requires that a building permit be acquired for the "barn" and that an engineer prepare a report
that defines the adequacy of the individual sewage disposal system for the proposed uses on the property.
Additionally, the only residential use allowed on the property is the existing house and the one accessory
dwelling. Based on observations by this department and neighbors, it appears that the barn is being used for
residential use and one of the other structures is being used residentially.
Please be advised that the provisions of the Garfield County Zoning Resolution of 1978, as amended, Section
9.01.06, allows the Board of County Commissioners to terminate a Conditional Use permit. Specifically
Section 9.01.06 states the following:
Compliance with Conditions of Permits: Upon being advised of an alleged violation of any permit
issued by or on behalf of the County Commissioners, the County Commissioners may establish a time
for consideration of the alleged violation, upon not less than three (3) days' notice to the party
engaging in activity under such permit, and to the owner of the property which is the subject of the
permit, at which hearing the County Commissioners may consider whether a violation of the
conditions of the permit has occurred. If the County Commissioners determine that a violation has
occurred, the Board may suspend the permit until such violation can be corrected or until measures
can be taken to prevent a recurrence of such violation, or, if the violation is determined to be
continuing or likely to recur and to endanger the safety or welfare of the residents or property of
residents within the county, the County Commissioners may terminate the subject permit.
It is the staff's position that you appear to be in violation of the conditional approval given to you by
Resolution No. 98-06 and that the Board should consider terminating the approval.
109 8th Street, Suite 303
945-8212/fax 384-5004 Glenwood Springs, Colorado 81601
P ' \ , 1
If there is not any further communication within 10 days of the receipt of this letter, the Building and Planning
Department will initiate the hearing process noted previously to have the Board consider termination of the
permit. This may result in additional zoning violation citations and possible legal action. Your cooperation
in resolving this without having to initiate any proceedings or legal action would be appreciated.
Sincerely,
Mark L. Bean, Director
Building and Planning
109 8th Street, Suite 303
945-8212/fax 384-5004 Glenwood Springs, Colorado 81601
r.
GARFIELD COUNTY
Building and Planning Department
February 25, 2000
CERTIFIED -RETURN RECEIPT # Z 188696562
Jim Mahan
0648 County Road 126
Glenwood Springs, CO 81601
Dear Mr. Mahan:
As a result of a site review and neighbor complaints, it has been determined that there may be a violation on
your property at the above address. It appears that there has been no attempt to comply with the conditions
of approval contained in Resolution No. 98-06 of the Garfield County Board of County Commissioners.
The Resolution requires that a building permit be acquired for the "barn" and that an engineer prepare a report
that defines the adequacy of the individual sewage disposal system for the proposed uses on the property.
Additionally, the only residential use allowed on the property is the existing house and the one accessory
dwelling. Based on observations by this department and neighbors, it appears that the barn is being used for
residential use and one of the other structures is being used residentially.
Please be advised that the provisions of the Garfield County Zoning Resolution of 1978, as amended, Section
9.01.06, allows the Board of County Commissioners to terminate a Conditional Use permit. Specifically
Section 9.01.06 states the following:
Compliance withConditions of Permits: Upon being advised of an alleged violation of any permit
issued by or on behalf of the County Commissioners, the County Commissioners may establish a time
for consideration of the alleged violation, upon not less than three (3) days' notice to the party
engaging in activity under such permit, and to the owner of the property which is the subject of the
permit, at which hearing the County Commissioners may consider whether a violation of the
conditions of the permit has occurred. If the County Commissioners determine that a violation has
occurred, the Board may suspend the permit until such violation can be corrected or until measures
can be taken to prevent a recurrence of such violation, or, if the violation is determined to be
continuing or likely to recur and to endanger the safety or welfare of the residents or property of
residents within the county, the County Commissioners may terminate the subject permit.
It is the staffs position that you appear to be in violation of the conditional approval given to you by
Resolution No. 98-06 and that the Board should consider terminating the approval.
109 8th Street, Suite 303 945-8212/fax 384-5004 Glenwood Springs, Colorado 81601
r, , \ , ,
If there is not any further communication within 10 days of the receipt of this letter, the Building and Planning
Department will initiate the hearing process noted previously to have the Board consider termination of the
permit. This may result in additional zoning violation citations and possible legal action. Your cooperation
in resolving this without having to initiate any proceedings or legal action would be appreciated.
Sincerely,
Mark L. Bean, Director
Building and Planning
109 8th Street, Suite 303
945-8212/fax 384-5004 Glenwood Springs, Colorado 81601
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
SANDER N. KARP
DAVID g. LEAVENWORTH, IR.
GREGORY I. HALL
DAVID H. MoCONAUGHY
KELLY D. CAVE
TOM IQNNEY
SUSAN W. LAATSCFI
JAMBS S. NEU
JULIE C. BBRQUIST
LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
1011 GRIND AVENUE
1'.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (970) 9454241
Facsimile: (970) 94S-7336
ltiaweisopris.net
May 5, 2000
Garfield County Board of County Commissioners
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
DENVER OFFICE:*
THE TERRACENTRE BUILDING
1100 STOUT STREET, SUITE 470
DENVER. COLORADO 80204
Telephone: (303) 825.3993
Facsimile: (303) 825-3997
Itlawdenvoranol.00m
+(Please direct 011 correspondence
to ow Glenwood Springs Offce)
Re: APPlln•dnn for CaniylaWLExemIAyhv ]aures Mahan
Dear County Commissioners:
This firm. represents Sharon Stephenson, Denis Hines and Kathleen Harris, all of whom
own property on Black Diamond Mine Road. We offer the lfollowing comments regarding the
application of James Mahan for a subdivision exemption in the vicinity of our clients' property.
For the reasons stated below, we urge you to deny the application.
Chapter 8 of the Garfield County Subdivision Regulations governs "subdivision
exemptions." This letter will outline the reasons why you should deny the application based upon
the criteria set forth in the Subdivision Regulations.
A. Applicability of Subdivision Exemption Procedure
The subdivision extrnption procedure allows property to be divided Into smaller parcels
without going through the normal subdivision procedures set forth in the Regulations.. Section
8:10 addresses the general applicability of the procedure:
8:10 The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and, thereby, film the procedure
in these Regulations, provided that the Board determines that such exemption will
not impair or defeat the stated purpose of the Subdivision Regulations nor be
detrimental to the general public welfare. . . f TJhe Board may approve,
conditionally approve, or deny an exemption request.
F, 1:000‘inttevldemeel 4ABAN-Omatydtc-I rope
Z d L18 'ON f31S31 '9 HAOMN3AV31 AdLO:b 4002 'AVIN
LEAVENWORTH & TESTER, P.C.
Garfield County Commissioners
Page 2
May 5, 2000
The Board's power is "discretionary." This means that. the applicant has no right to
approval. It is up to the Board to determine whether the request is in the best interests of the
general public. The Board's discretion includes the power to deny the request or to impose
conditions upon the granting of the request.
Here, conditions are inappropriate because the applicant has a demonstrated history of
disregarding land use conditions imposed by Garfield County. In January, 1998, pursuant to
Resolution No. 98-06, the Board granted a conditional use permit for a home office / arts and
crafts studio to be located in a "barn" structure on the property. This structure and sewage
disposal system had been constructed without a building permit in violation of County regulations
as well as C.R.S. § 30-28-205. However, the Board decided to gram a conditional use permit
after -the -fact, subject to several specific conditions. The conditions set forth in the Resolution
included the following:
1. That the applicant provide a report from a civil engineer, based upon the engineer
performing a percolation test, as to the adequacy of the individual sewage disposal
system (ISDS) to meet the sewage disposal of needs of the structure, for submittal
to the Building Department for a permit, prior to the issuance of the Conditional
Use permit.
3. ' That the Conditional Use permit is only valid for the home occupation (office) and
arts and crafts studio. Further that the building Will not be used as an apartment
or extra bedroom as noted in the application...
***
5. The only residential use allowed on the property is the existing single family
dwelling and the one (1) accessory dwelling in existence presently.
None of these conditions have been met. To the contrary, the Applicant has blatantly
violated the conditions by: (1) failing to submit a report that the ISDS was ever tested or that it
is adequate; (2) wilf gly and flagrantly using the barn as an additional dwelling unit; and (3) using
more than the existing house and accessory dwelling as residential units. Upon information and
belief, a "shed" structure is being used as a fourth dwelling unit in addition to the barn. Further,
to our lcnowledge, no building permit was ever issued or applied for with respect to the
construction or improvement of the barn.
E d 118 'ON E1S31 '8 HAOMN3AV31 WdLO:0002 'S 'ASW
LEAVENWORTH & TESTER, P.C.
Garfield County Commissioners
Page 3
May 5, 2000
Since the applicant has ignored prior conditions of approval demanded by this Board, there
is no reason to expect that the applicant would comply with any new conditions. Accordingly,
denial, rather than conditional approval, is appropriate.
Further, granting this request would impair or defeat the stated purpose of the Subdivision
Regulations. That purpose is stated in Section 1:21, which provides in relevant part:
The Subdivision Regulations are designed and enacted for the
purpose of promoting the health, safety and we flare of the present
and future inhabitants of Garfield County by encouraging orderly
development, in accordance with established County policies and
plans.
Here, the history of the subdivision shows an intent to evade normal procedures and to create
numerous lots without going through such procedures. The history described below is based upon
our review of the chain of title as shown in the records of the Garfield County Clerk and
Recorder.
This 20 acre parcel was originally part of a 260 acre parcel acquired in 1966 by William
Davies, Lue Ellen Davies . Charles Davies, Adeline Cleary, and Alice Kummer (hereinafter the
"1966 Owners"). On May 20, 1974, the 1966 Owners conveyed the 260 acre parcel to seven (7)
different grantees, all with a common address of 444 White Avenue, Grand Junction, Colorado.
The deeds were all recorded simultaneously and were subject to a single deed of trust, which
means that there was a single promissory note for all seven (7) parcels. Five (5) of the seven (7)
conveyances were for 40 acre parcels and were therefor not covered by the County Subdivision
Regulations in effect at the time. The other two (2) conveyances were less than 35 acres but did
not go through the subdivision regulation or exemption process and were, therefore, illegal
subdivisions. Regardless of this illegality, the above transaction demonstrates that the intent was
to effectuate a common subdivision scheme.
After this conveyance in 1974, some of the parcels were further subdivided through the
County subdivision exemption process. Restrictions against resubdivision were included in the
deeds each time one of the parcels was further subdivided. These restrictions are substantially
identical for all of the various parcels and further indicate that this was a common subdivision
scheme. The 20 -acre parcel owned by the Applicant presently at issue was one (1) of three (3)
lots created out of one of the 40 -acre parcels, and included a restriction on resubdivision, which
the Board of County Commissioners approved on October 20, 1975.
RA.2aoou.eUe-uw„oI ARAN•Countr1I1.wpd
'd 118.0N H1bOMN3AV31 WdLO:i OHM'S 'AVIV
LEAVENWORTH & TESTER, P.C.
Garfield County Commissioners
Page 4
May 5, 2000
As of this time, at least thirteen (13) lots have been created out of the original 260 -acre
parcel, without ever going through a formal subdivision process. Permitting the creation of yet
another lot would thwart the intent of the Subdivision Regulations to provide for the orderly and
considered development of subdivided land.
B. Submittal Requirements
Section 8:42 seta forth supplemental submittal information to be filed with an application
for a subdivision exemption, Section 8:42(11) requires:
It shall be demonstrated that the parcel existed, as described on
January 1, 1973, or rhe parcel, as it exists presently, is one (1) of
not more than three (3) parcels created from a larger parcel, as it
existed on January 1, 1973.
The applicant cannot demonstrate this fact as requited. As discussed above, the property was part
of a 260 acre parcel as of January 1, 1973. That parcel was divided Into seven (7) smaller
parcels. Those seven (7) were later divided into more parcels, including the 20 -acre parcel at
-issue here, The subject property is actually one of at least thirteen (13) parcels created out of the
original 260 -acre parcel that existed prior to January 1, 1973. Because the applicant cannot make
the demonstration required by the code, the land does not qualify for a subdivision exemption.
C. Review Criteria
Section 8:51 of the County Regulations requires the Board to consider all of the review
criteria in Section 8:52, and the Board may also consider the factors listed in Sections 8:60 and
8:10. The factors under Section 8:10 have been addressed above.
The mandatory criteria under Section 8:52 include the following:
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be
created from any parcel, as that parcel was described in the records of the Garfield
County Clerk and Recorder's Office on January 1, 1973. In order to paid for
exemption, the parcel as it existed on January 1, 1973, must have been larger than
thirty-five (35) acres in size at that time and not part of a recorded subdivision;
however, any parcel to be divided by exemption that split by a public right-of-way
(State or Federal Highway, County road or railroad), preventing joint use of the
proposed tracts and the division occurs along the public right-of-way, such parcels
thereby created may. in the discretion r 'the Board. not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling
unit limitation otherwise applicable. (Emphasis added).
P,1200041.uhut-mmumAAXAtl•CoueY-llrl.Wpd
S d 118 '0N f3231. '9 HAOMN3AV31 Wd80:ti 0002 'S 'AVW
LEAVENWORTH & TESTER, P.C.
Garfield County Commissioners
Page 5
May 5, 2000
As described above, this 20 acre parcel is actually one of at least thirteen (13) separate parcels
that have been carved out of the original 260 acre parcel that existed as of January 1, 1973,
Therefore, it does not qualify for exemption unless an exception applies.
Here. the applicant is relying on the "county road" exception to justify splitting the 20 acre
parcel. However, the applicant has not demonstrated that the county road prevents joint use of
the proposed tracts. The zoning for the property allows one single-family dwelling and one
accessory dwelling unit per lot. Presently, the single-family dwelling is located on the north side
of the county road, and a cottage on the south side serves as the accessory dwelling unit. Thus,
the two tracts are already being used "jointly" to obtain the maximum number of dwelling units
(1 main dwelling plus 1 accessory unit) on.the 20 acre property. These uses have existed for
many years. The Applicant cannot establish that the public right-of-way prevents the joint use of
the proposed tracts.
Further, while the Board "may" apply the county road exception to permit otherwise
illegal subdivision exemptions, it is not required to do so. As demonstrated by the history of
conveyances described above, the landowners have taken advantage of every possible exception
and procedure to maximize the number of lots without going through the subdivision process.
Under these circumstances, it would be inappropriate for the Board to allow a discretionary
exception to apply so as to create even more lots, and thereby permit two (2) additional accessory
dwelling units per lot under the zoning, without complete review under the normal subdivision
procedures. •
B. 411 Garfield County zoning requirements will be met.
The barn structure is currently being used as a third dwelling unit on the property in direct
violation of the zone regulations and in further violation of the Resolution 98-06. There is also
some evidence, which we intend to present at your hearing on May 8, 2000, to suggest that a shod
on the property may be used as a fourth dwelling unit. The Applicant continues these infractions
despite a series of letters from the County regarding the zoning violations and despite the fact that
the construction and use of some of the structures are in violation of zoning regulations and illegal
pursuant to C.R.S. ft 30-28-124 and 124.5. Those statutes provide for both civil and criminal
penalties, but the Applicant remains undeterred. Due to the Applicant's history of ignoring
zoning requirements despite express warnings from the County, there is every reason to expect
that zoning requirements will not be met if the application is granted.
D. ... a suitable type of sewage disposal to serve each proposed lot.
One of the conditions of Resolution 98-06 required the applicant to submit proof that the
sewage disposal system attached to the barn had been approved by a certified engineer. The
Applicant failed to meet this condition. The failure to meet the condition suggests that either (1)
FA2000N.egerstMenoslMA HAi-Caunty-th-I . Wpd
9 'd 118 ON U1S31. I HAOMN3AV31 Wd80:000/ 'S 'AVW
LEAVENWORTH & TESTER, P.C.
Garfield County Commissioners
Page 6
May 5, 2000
the Applicant has no regard for such conditions and intends to ignore County regulations or any
conditions imposed by this Board; or (2) the Applicant was unable to obtain certification from an
engineer because the system is unsafe. Either way, the failure to submit proof that the sewage
disposal system is an adequate reason to deny the application.
The additional factors under Section 8:60 include the. following:
F. Number of lots and/or nuchlpledwelling units created by the proposed exemption.
As stated above, granting the request would effectively result in the creation of a total of
at least fourteen (14) lots out of the original 260 -acre parcel that existed in 1973, all without
formal subdivision review. Additionally, granting the request here would create two (2) new lots, .
which would each be entitled to a main house plus an accessory dwelling unit. The balm is
currently being used as a dwelling unit despite the current zoning, and a shed is allegedly being
used a fourth dwelling unit. Granting the request would essentially sanction these zoning
violations and would have dangerous precedential value. The message to property owners would
be to build whatever you want and seek approval after the fact. This is antithetical to the concept
of land use "planning."
A. Additional Considerations
As stated above, the Board has broad discretion to grant or deny subdivision exemptions
based upon the best interests of the general public. We believe that the Board should consider
these additional issues:
ViolationsViolationsi Covenan a.
The Applicant submitted an identical application for a subdivision exemption in 1989 that
was never finalized due to a conflict with covenants on the land that prohibited further subdivision
of the property. The covenants at issue,' recorded in Book 477 at Page 469 in the Office of the
Garfield County Clerk and Recorder, clearly states: "Resubdivision. No tract of land may be
resubdivided into smaller tracts of land." The Applicant verbally represented to the County that
the covenants have been terminated. The Applicant has offered no evidence demonstrating the
termination of the covenants and we believe they are still in effect.
The covenants state that they shall be binding upon all parties until January 1, 2000, and
shall be automatically extended for successive ten (10) year periods unless otherwise changed by
a vote of the then majority of tract owners. As discussed above, the subdivision of the original
260 -acre parcel was a common subdivision scheme with substantially identical covenants and
restrictions applying to the parcels. Therefore, to change the covenants on January 1, 2000, a
majority vote of all the tract owners within the original 260 -acre parcel was necessary. No notice
12,120004-eners-Manor MAHANCoumyltr1.rrpd
L. d LL8 'ON X31S31 H1aOMN3AV31 Wd60 ;17 0041 'S '401
LEAVENWORTH & TESTER, P.C.
Garfield County Commissioners
Page 7
Mays, 2000
of a vote was provided to all of the tract owners, therefore the recorded covenants were renewed
for another ten (10) year period. This application for a subdivision exemption is in direct conflict
with restrictive covenants on the property.
The County Resolution that approved the subdivision exemption by which the Applicant's
parcel was created stated that "[t]his exemption is granted upon the specific condition that all
agreements, covenants, and conditions set forth in the petition be complied with." The covenants
quoted above were a condition of approval of the subdivision creating the Applicant's lot.
Therefore, as a condition of both the County approval and protective covenants, any resubdivision
of this parcel is prohibited.
Hillitt.a19411X.
Our clients indicate that the physical water supply in this area is extremely limited. As
discussed herein, an approval of this application will potentially result in additional dwelling units
on each newly created parcel. Therefore, we believe the County should require long-term pump
tests on the Applicant's well that are conducted in the dry season to demonstrate an adequate
physical water supply.
LBL:bsl
cc: Sharon Stephenson
Denis Hines
Kathleen Harris
Richard Cummins, Esq.
Kenneth Greene
James Mahan
Kimberly Hazzard
Mark Bean
Don DeIord, Esq.
P 200QteaerpMemos MAHAN.Coun '.1V.1 wpd
Very truly yours,
LEAVENWORTH & TESTER, P.C.
8 'd 1L8 'ON 131831 '8 HAOMN3AV31 Wd60:17 OOOZ '5 'OA
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QUIT CLAIM DEED
TI -IIS 1)1?E(), Made tills 9th flay of October 1.1 86 .
El.va L. CLAYCOMB and LINDA L. CLAYCOMB
the 'Comity of Gar" fi E' 1 d and Slate of
(. 1, r a, lo, grantor( 0, told
JAMES P. MAHAN, ROBERTA KA; Z MAHAN and
JEFFREY R. FITZSIMMONS
.•! (,.i' il a,Ilrch,s Ii, 4779 117 Road
Glenwood Spr;ngs, CO 81601
County of Garf i el d
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u,„ 1 rc•,pt ar;d sill tic itncy of which is herei_,yacl.nowtedped, ha VC remised, released, sold, conveyed and QUI I' C'I_AI'V4F'.1), and by
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1,.1r...'r. all ih.` right. lite, ;,twist, claim Anel ,.+,-iii;;;x,i uh'ch 01,7 grantnr(s) ha VC' it; and 10 ihrt real nropctty, together with
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The Davies Well located in the SWINE}, ()f Section 9, Township 7 South,
Range 89 West of the 6th P.M., at a point whence the West Quarter
Corner of said Section 9 bears South 801'37'35' West 2912.28 feet.;
claiming 0.033 cubic feet per second of time for doi,,,estic lawn and
r,arden irrigation of not wore than one acre as approved by Ruling of
Water P.eferee on January 12, 1976 aid by the Writer Judge on April; 26,
19)6.
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Glenwood Springs, CO 81661
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GARFIELD COUNTY BUILDING AND PLANNING
970-945-8212
MINIMUM APPLICATION REQUIREMENTS
for
SINGLE FAMILY DWELLING CONSTRUCTION
including
NEW CONSTRUCTION
ADDITIONS
ALTERATIONS
and
MOVED BUILDINGS
In order to understand the scope of the work intended under a permit application and expedite the
issuance of a permit it is important that complete information be provided. Adequate and complete
information will prevent delays in the plan review process. Reviewing a plan and the discovery that
required information has not been provided by the applicant may result in the delay of the permit
issuance and in proceeding with building construction. The owner or contractor may be required to
provide this information before the plan review may proceed. This causes delays because other plans
that are in line for review may be given attention before the new information may be reviewed after
it has been provided to the Building Department.
Please review this document to determine if you have enough information to design your
project and provide adequate information to facilitate a plan review. If you do not, it may be
helpful to obtain a book titled "Dwelling Construction under the Uniform Building Code",
This book is available to you through this department at our cost. Also, please consider using
a design professional for assistance in your design and a construction professional for
construction of your project.
To provide for a more understandable plan in order to determine compliance with the building,
plumbing and mechanical codes, applicants are requested to review the following check list prior to
and during design. Applicants are required to indicate appropriately and to submit the completed
check list at time of application for a permit.
1
January 1, 1999
Plans to be included for a Building Permit, must be on drafting paper at least 18"x24" and drawn to
scale.
Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with
decks, balcony, steps, hand rails and guard rails, windows and doors, including the finish grade line.
A section showing in detail, from the bottom of the footing to the top of the roof, including re -bar,
anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheating, house -
rap, (which is required), siding or any approved building material.
A window schedule. A door schedule.
A floor framing plan, a roof framing plan, roof must be designed to withstand a 40# per ft. up to
7,000 F.O.S. and an 80 M.P.H. wind.
All sheets to be identified by number and indexed. All of the above requirements must be met or your
plans will be returned.
l . Is a site plan in . , ed that indicates the distances of the proposed building or addition to
property lin :, other buildings, setback easements and utility easements?
Yes
2. Does the site plan include the location of the I.S.D.S. (Individual Sewage Disposal System)
and the dist s to property lines, wells (on subject property and adjacent properties),
streams or ater courses?
Yes
3. Does the site pl indicate the location and direction of the County or private road accessing
the property?
Yes 1
4. Do the plans include a foundation plan indicating the size, location and spacing of all
reinforcing steel in accordance with the uniform building code or per stamped engineered
design? 1/0 'Me 8ARA) kffi 5 V , L D Oy if lotar4 C 1, yeem e 0 �'
Yes diAyAgog Tr/JGtIJ ee4l .)lr Res. 1 -111;4 4145 giE CAj;b4 3S
gARtJ, MR dikyam8 40s0 A sfizocrou L94109x+2.
6e6 brivigt put--)
5. Do the plans indicate the location and size of vent'(
ent' ation openings for under floor crawl spaces
and the clearances required between wood and earth?
Yes WO (. 11.0j, 6pAc
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6. Do the plans indicate the size and location of ventilation openings for the attic, roofjoist
spaces's and soffits?
Yes
7. Do the plans include design loads as required by Garfield County for roof snow loads, (a
minimum of 40 p nds per square foot up to & including 7,000 feet above sea level), floor
loads and wi oads?
Yes
8. Does the plan include a building section drawing indicating foundation, wall, floor and roof
construction?,
Yes V
9. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling
joists, roof rafj s or joists or trusses?
Yes
10. Does the buildin section drawing or other detail include the method of positive connection
of all columnsnd beams?
Yes
11. Does the plan indicate the height of the building or proposed addition from the highest point
of the building or addition measured at mid span between the ridge and the eave down to
existing gra contours?
Yes
12. Does the plan include any stove or
make and model and Colorado Pyr
Yes No l/
�r6 clearance fireplace planned for installation including
se II certifications or phase II EPA certification?
13. Does the plan include a masonry fireplace in uding a fireplace section indicating design to
comply with the Uniform Building Code apter 37?
Yes No
14. Does the plan include a window schedule or other verification that egress/rescue windows
from sleeping rooms and/or basements comply wji th the requirements of the Uniform Building
Code?
Yes No
15. Does the plan include a window schedule or other verification that windows provide natural
light and ventilation for all habitable room
Yes No Y
3
16. Do the plans indicate the location of glazing subject to human impact such as glass doors,
glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as
a walking surface; sliding glass doors; fixed gta§s panels; shower doors and tub enclosures and
specify safety glazing for these areas?
Yes No
17. Is the location of all natural and liquid petro um gas furnaces, boilers and water heaters
indicated on the plan?
Yes No
18. Do you underst d that if you are building on a parcel of land created by the exemption
process or the bdivision process, are building plans in compliance with all plat notes and/or
covenants?
Yes No
19. Do you understand that if you belong to a homeowners association, it is your responsibility
to obtain written permission from the association, if required by that association, prior to
submitting an application for a building permit? If you do not have written permission from
the association, do you understand that the plan check fee will not be refunded should the ,
architectural committee deny or reject your building plans?
Yes No I�0 �OMbs d3S�1�`rD�
20. Will this be the only residential structure osv lie parcel?
' J I toy ►1 be home.
(cork ova "gm. {bwaw+ AS
Yes No ✓ If no -Explain: vte -r-
21. Have two complete sets of construction drawings been submitted with the application?
Yes
22. Do you un stand that the minimum size a home can be on a lot is a 20ft. x 20ft.?
Yes
No
23. Have you de ned or had this plan designed while considering building and other
constructio code requirements?
Yes No
24. Does the pl ccurately indicate what you intend to construct and what will receive a final
inspection the Garfield County Building Department?
Yes No
25. Do you underst d that approval for design and/or construction changes are required prior
to the appli ton of these changes?
Yes No
4
26. Do you understand that the Building Department will collect a "Plan Review" fee from you
at the time of ap lication and that you will be required to pay the "Permit Fee" as well as any
"School Imp: " or "Septic System" fees required, at the time you pick up your building
permit?
Yes No
27. Are you aware that twenty-four (24) hour notice is required for all inspections?
Inspections will be made from Battlement Mesa to West Glenwood in the mornings and
from Glenwood Springs to Carbondale in the afternoon. Morning inspections must be
called in by 12:00 p.m. the day before; afternoon inspections must be called in by 5:00
p.m. the day b ore. Failure to give twenty-four (24) hour notice for inspections will
delay your ' spection one (1) day. Inspections are to be called in to 384-5003.
Yes t No
28. Are you aware that you are required to call for all inspections required under the Uniform
Building Cod including approval on a final inspection prior to receiving a Certificate of
Occupancy d occupancy of the building?
Yes No
29. Are you aware that he person signing the Permit Application, whether the "Owner", "Agent
of the Owner", " eral Contractor", "Contractor" or otherwise, is the party responsible for
the project plying with the Uniform Building Code?
Yes No
30. Are you aware that prior to issuance of a building permit you are required to show proof of
a driveway access ' ermit or obtain a statement from the Garfield County Road & Bridge
Department sta ' g one is not necessary? You can contact the Road & Bridge Department
at 625-8601
Yes No
I hereby acknowledge that I have read, understand and answered these questions to the best
of my ability.
Phone: 'j, a 9 (days);
Project Name:
kt•te)d.LG
r
Project Address: ®K CR. Cay
�o
date
76; 03jc
(evenings)
5
Notes:
If you have answered "No" on any of the questions, you may be required to provide this information at the request of the
Building Oficial prior to beginning the plan review process. Delays in issuing the permit are to be expected. Work may
not proceed without the issuance of a permit. If it is determined by the Building Official that additional information is
necessary to review the application and plans to determine minimum compliance with the adopted codes, the application
may be placed behind more recent applications for building permits in the review process and not reviewed until required
information has been provided and the application rotates again to first position for review, delay in issuance of the permit
or delay in proceeding with construction.
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County Road (Note the Road Number and Nam
1994 Building Cede
Setbacks: 25 feet front and rear and 10 feet on the sides
Snowload: 401bs. /sq. ft. up to 7000 feet
Seismic: Zone 1
Windshear: 80 mph
Wind exposure: B
Windload: 151bs. /sq. ft.
Frost Depth: 36 inches -30 inches from finished grade to top of footing
(Liveload is snowload-imposed by snow)
GARFIELD COUNTY
Building and Planning
Notice of Clarification
It is the interpretation of this department that the provisions of UBC Section 302.4,
Exception Number 3, also applies to openings for access to attic space above a U
occupancy. The access door in the ceiling of a garage must be self closing, tight
fitting, solid wood door, 1-3/8ths inches thick, or have a 20 minute fire protection
rating or the one hour fire separation wall between the garage and the dwelling must
extend above the ceiling, all the way to the roof.
0/vL
Arno Ehlers
Chief Building Official
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
Lance D. AIIee,Architect 0024 Sunlight Drive Carbondale, CO. 81623 970-704-0676PH/FX
6/1/2000
Steve Hackett
Garfield County Building & Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado
81601
Dear Mr. Hackett,
RECEIVED JUN 1 4 2000
I made a site visit on May 31, 2000 to the Mahan Residence at 0648 126
Road Garfield County, Colorado outside Glenwood Springs. Using the checklist you
faxed to me, I reviewed the Residence and found it to be in substantial compliance with
the 1994 UBC. The building was built originally by Elmer Claycomb, a registered
Structural Engineer in Colorado. The roof rafters are 2x12's and the floor joists are 2x8's
The building appears to be structurally sound and in good condition.
Thank You,
Lance D. AIIee, Architect
CHARLES H. WILLMAN, P.C.
ATTORNEY AT LAW
September 5, 2000
Steve Hackett
Garfield County Building and Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mr. Hackett:
RECEIVED SEP D 7 2001
Enclosed is a copy of Mr. Lance D. Atlee, Architect's, letter of June 1, 2000 which has his seal on
it as you requested. I am not sure if he sent you a copy of this; therefore, I am providing the original
of this to you for your records.
Mr. Mahan will be back at the end of this week or early next week and will have the engineering
report completed concerning the adequacy of the septic and leech field system.
Thank you for your continued cooperation.
Sincerely,
CHARLES H. WILLMAN, P.C.
Charles H. Willman
CHW/jh
Enclosure
xc: James Mahan, Jr.
811 Blake Avenue • Glenwood Springs, Colorado 81601
e-mail: chwpc@juno.com • (970) 945 -8571 • FAX (970) 945-49B1
•
7--
INSPECTION WILL NOT BE MADE UNLESS
THIS CARD IS POSTED ON THE JOB
24 HOURS NOTICE REQUIRED FOR INSPECTIONS
BUILD ING PERMIT
GARFIELD COUNTY, COLORADO
Date Issued. Zoned Area Permit No 9 1‘)
AGREEMENT
In consideration of the issuance of this permit, the applicant hereby agrees to comply with all
laws and regulations related to the zoning, location; construction and erection of the proposed
structure for which this permit is granted, and further agrees that if the above said regulations
are not fully complied with in the zoning, location, erection and construction of the above
described structure, the permit may then be revoked by notice from the County Building
Inspector and IMMEDIA ELY BECOME N LL AND VOID.
Us D oma, +46Ck/44")*
Address Leg Description 0 { s 1 4,0,
',tractor 0 CAW Kim
Owner
ll I
This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection.
INSPECTION RECORD/
Footing
Foundation
Underground Plumbing
Insulation
Rough Plumbing
Drywall
Chimney & Vent Z
Electric Final (by State Inspector)
Gas Piping l
Final /<pyne6(gAi An
Electric Rough $y State Inspector)
Septic Final 04,4b y:/wery i
Framing
(To include o f i n place and Windows
and Doors ed).
Notes:
1
ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING -
WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND.
38'4 -Mu THIS PERMIT IS NOT TRANSFERABLE
PhoneilMINIP 109 8th Street County Courthouse Glenwood Springs, Colorado.
DO NOT DESTROY THIS CARD
APPROVED
Date d 1 ' By )161t4
IF PLACED OUTSIDE - CO WITH CLEAR PLASTIC
2