HomeMy WebLinkAboutLand Use Change PermitLAND USE CHANGE PERMIT
for
A parcel of land situated in Sections 35 and 36, Township 4 South, Range 91
West of the 5th P.M.t County of Garfield, State of Colorado; owned by Antonia
Zurcher; said parcel of land being more fully described in the Warranty Deed
recorded at Reception No. 810168 with the Garfield County Clerk and Recorder
and in Exhibit "A".
(Assessor's Parcel No. 1925·363-00-064)
In accordance with and pursuant to provisions of the Garfield County Land Use and
Development Code, as amended, and the Director's Decision Letter dated June 29, 2016
the Director of the Community Development Department hereby authorizes the following
activity:
An Accessoty Dwe/fing Unit as shown on the site plan attached as Exhibit "B"
(GAPA-04-16-8444)
This Administrative Land Use Change Permit is issued subject to the conditions set forth
in Exhibit "C" and shall be valid only during c9mpliance with such conditions and other
applicable provisions of the Garfield County Land Use and Development Code, as
amended, Building Code, and other regulations of the Board of County Commissioners
of Garfield County, Colorado .
COMMUNITY DEVELOPMENT DEPARTMENT
GARFIELD COUNTY, COLORADO
Sheryl Bowe , AICP
Director of mmunity Development
Date
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t :ihibll A
l.F.G.\1 . l>F~<;CJUPTION
A t:-.ic t vr b.~ Si[\l:ltcd in Sections 35 a..-i.i 36, TO\\fl~i? 4 South, Rml£C 91 West o f the 6th P .M .. ~aid
tract being a ronion ofth:tt m.:t de~ribcd in Bock l51 at Pab-e 230 in L'"ie Office of the G;:rrfielJ Coi:nty
Cler'..: an.i Rccord~r a....O mere fully described a:; follo'i\·s :
l:k!,;n:.ini.t al c:i poi!ll OIL th:: lino: bch~e~11 Com~cs No . I ~nd No 2 ofH .E.S. J-;o. 3R \\·ti..-nce sa id Comee
No. I bWl South u3~3o·s 1" !iast367.7..: f~1;
lht'OCc Nor.ii 03c3o•s1~ West 946.34 f.:~t to Comee J\o.2;
· tbcncc ~orth ;12~30'5 l"' Wc5t SSS.48 f~t to Comer Ko . 3;
l.hcnc:c }.'cr1h 17c20•3r Wc~t 3S6J4 ft~I .
tJicncc NC111h 76.22'32" F...l.it 531.fil f:cc ~on~ the Southerly lxiu.~ ofth;il tract dcmibcd in Bc<>k 862
Al P:i.ge SOJ;
thl:nc:c Suuth 54'34"().;" fast 83 .24 fo:I ;i]('n~ tlie bol!nd:iry of ll~at t1-:ict d-:scnl>ed in ~ck 862 at f'.iee
500~
thence South 60 .. 35'1~ East i !l.S6 fr~t;
thcn~c North 6S0 :4'49" &st 3)2.34 feet~
then.:c North S9"58'3o· West l 7U6 fe:t;
thence Noc1h 4l0 04'·W Wtst 37.3C• feet:
lhc::'lc:c: North 2s•2;·53• West S6.46 f~t:
chcn.:c: Nanh 06°19'35" Wc:&t 72 .68 fc:c:t;
ch~m:c: Noc1h {12Cl4'1 s· Ea3t 95.4-t f~t:
thence North 2l"43'20" West 57.n fc:ct;
lh<:u<:<: d~p;ming s:iid bound31)' l\onh 24 •22•2s~ Wc:s1 307 .8i feet ;
thence: North OSYS2 '2S" Ea.st 17iJ2 fo:t:
thence North 21°05'07" East 56.29 fccr;
then.:c Nortlt i9°14'4 l" E:L~l .;55.29 fc:ct to lhd!asl:::rly line of said 11.I:..S. No . 38 ;
thence: along said Eastc:cty Ji.~ South 16'3!'26" Ease 2512.66 f.aec I\.) Cit e Notthe:>s1 con~ "'flhal tract
describe:.! i.-t Book 709 al P3tt 3S2:
th~n.:e :?.lonz S!li.1 boun!br)· Nonh s9•0-N.s· Wc::;t 367.48 fcct;
thcru:c 1'!ortlt 00°54'59' :&::;t 34S.4S f~et h> tJ1e S<luthea~t Comer of tJl3t tract descn'bcd in Book 996 at
[>3ge 36{;; tti.:nce along s:Ud hour.du)· North 3(1°56'.;()• fast 239.33 f~d;
thmcc }l:orth W09'SS" West 195 .SO feet .
thett-c J\onh 89"03'20" Wcu l I0.00 fed;
thence: South 2oen·35· West S 19 ,30 fttl to a point on che bound:IJ) or said rracc desc1ibed in Book 996 :it
Page 366 s:iid point abo being the Norlh boundary point ~f th:it tract described In Book I 250 at Page 426;
tlLoer.~ a1ong 1>3ld b~ncbJy South 38c02'31" \Vc~t 437. \ 4 (ec:t 10 a point on the bcund:uy of said trac:t
des.;n1icd in Book 709 at Pa,ge 3S2 ;
Chaicc alor.g said bo111ld.1ty So\11b 12"CJ.1'01" W~ 230.03 f.::ct ;
~South IS".ta'lO" wt 184.92 fed;
chci:ec S¢uth 6S0JS'.c.6" Ei1Jt 129.23 feet to the N\lrthwc.~t comer of th3t ttllCt l!~crit.cl in Book 725 a!
Page 898;
chcnce atoos ~d bound.al)' Sourh 14'52'·W Wnt .32.17 Cc::t f.J tho: c1mtmii:< of tlie 30 foot l)Cce ss
c~cmcnt described in Book 709 at Pil~I! 3~2:
lh~ :ilon~ said ct11.lttli111? illld 11.!astment dcmihcd in Rook ili9 at P~sc 352;
thence illong s:iid cemerJi.ic ;i:id alon& a ccl'\·c tn the left \\ith an arc Jc:n.1.'th of 49.81 feet, a radius of71.41
feet. o. ~~ninl angle o( 39°S7'Sr, a c".ord bearing of North 69'06'0S" Wes1. a chord length of 4S. Sl f~t ;
thence North S91 05'014 West 150.1)() f«t ;
thence alcng a cui•;~ lo thi: I.:n '"ith 4.n ;trc }:!llgth of 99 .68 f~ a radius of S00.90 fc:ct, a central ansle of
11°16'01", a cb<lrd baring of South ss~161S9· Wc:st..11 chord l~n};lh ~f99.S:? fi.!et;
thence South 79°l8'5!r West 279 .Jl r .. ~t te> t.ic POINT OF BEGINNING.
TOOl:ltlER 'o\>ilh thal pQ11i¢o describ-td in Sf."C(i.al Wa.-r:i.'lty Deeds rcc~rdcd July 25, 200i in Hook 1954
a! Pn~ll.!i 46!-466as Ri."Ccplion No. i:?9027 and 71?028.
Cout\ty ofGsrtield. St:Uc: of Colorado
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Exhibit B
Site Plan
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. . .
Exhibit C
(Conditions of Approval, page 1 of 2)
1 . All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Director Decision.
2 . The Applicant shall comply with Standards for ADU's contained in Section 7-701
of the Land Use and Development Code.
3. Prior to the issuance of the Land Use Change Permit the Applicant shall provide
documentation of the required 4 hour pump test including confinnation from a qualified
professional that the production is adequate to serve the ADU and the existing residence
on the property.
4. Prior to the issuance of the Land Use Change Permit the Applicant shall provide
documentation of a water quality test in accordance with Section 4-203 (M) including a
determination that the water meets the required standards and is acceptable for human
consumption. If standards are not met, the Applicant shall provide a proposal for use of
a treatment system that will bring the water within acceptable levels.
5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a
letter from a licensed professional engineer confirming that the access driveway meets
the Roadway Standards of Section 7-107 including width and minimum curve radius and
drainage ditches if determined necessary. If a waiver from the , roadway standards is
determined to be necessary by the engineering analysis, the Applicant shall provide the
additional information required by the County Roadway Waiver Policy #01-14.
6. Prior to the issuance of a Certificate of Occupancy for the ADU the Applicant shall
further document the legal use of the existing driveway or establish a new physical access
by satisfying one of the following:
a. The Applicant shall provide documentation of an easement granted from the
Bureau of Land Management for the existing access driveway shown on the site
plan. Said easement shall be reviewed and accepted by the County Attorney's
Office.
b. The Applicant shall obtain and provide evidence to the County Attorney's Office of
an order from the Courts declaring an access easement right for the existing
driveway to serve the ADU.
c. The Applicant shall construct a new driveway connecting the ADU to access
directly onto County Road 243 across the Applicant's property, which driveway
shall meet the standards contained in Section 7-107 for a primitive roadway. The
driveway plans shall be reviewed and accepted by the Community Development
Department Staff and the County Road and Bridge Department prior to
commencement of construction .
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. . . .
Exhibit C
(Conditions of Approval, page 2 of 2)
7. The Applicant shall properly permit with the County and install a new onsite waste
water treatment system to serve the ADU . The system will be engineered as represented
in the Application and shall comply with all recommendations contained in the HP
Geotech report dated 4/30/16. At the time of permitting , verification that the system meets
all setback requirements shall be required.
8 . The ADU shall be required to meet all Garfield County Building Code
Requirements. At the time of building permit submittal , the Applicant shall address site
drainage including storm water drainage during and after construction. This shall include
the minor relocation of the drainage swale east of the ADU protecting the ADU and garage
from drainage off the adjacent pasture/hay meadow.
9. The Applicant shall comply with the recommendations contained in the HP
Geotech Soils and Foundation study, dated 4/30/16 including foundations and drainage.
10. The Applicant shall comply with the lighting standards contained in Section 7-304.
11. The Applicant shall utilize bear proof trash containers or store all trash within a
secure portion of the structure such as a garage. Any fencing on the site shall be wildlife
compatible pursuant to CPW guidelines.
12. The ADU shall utilize noncombustible roof materials or other materials as
recommended by the local fire agency.
13. Testing for radon after construction is completed is recommended .
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