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BALc0MB & GREEN,c
A FULL SERVICE LAW FJRM SINCE 1953
October 15, 2015
Via Hand Delivery to:
Glenn Hartmann, Senior Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Chad J. Lee, Esq.*
Direct Dial 970.928.3469
Reception 970.945.6546
ciee@balcombgreen.com
* Licensedin CO and WY
Re: John S. Walker Final Plat Amendment Request /Application Narrative
Dear Glenn:
Please consider this a formal application to a final plat amendment. As we discussed in
August, we recently discovered that the home purchase by our client is located slightly outside of
the platted building envelope. According to the surveyor, the cause of the error was the erroneous
use of a bearing for a different lot in Aspen Glen. Attached is a statement from the surveyor.
We are therefore requesting that the county to ratify the actual location of this home by
amending the final plat. The encroachment is less than 5 feet. Despite the mistake, the home and
all improvements still comply with the minimum setback requirements within the zone
district. The height of the building is 24 feet, 4 5/8 inches (see attached verification). The size of
the building envelope will remain the same. Also attached is a letter of support from the neighbor
most acutely affected by the mistake. Also, there are no adverse impacts to the views of owners
across the street due to the required landscaping between the homes.
This proposed amendment meets all of the criteria in Section 5-305 of the GCLUC. It does
not increase the number of lots, nor does it result in a relocation or addition of any roads. The
purpose of this amendment is to correct a technical surveying error. Also, given that the home is
already constructed, and this is a very minor amendment, the .standards in Article 7 are either
satisfied or inapplicable. On this note, the amendment will not result in any changes to the
drainage, access, and will not affect utility services or any other applicable subdivision and Article
7 topics or criteria.
Please also consider our request for a waiver of the requirement to submit an improvements
agreement. Given that all improvements are constructed, and a CO has been issued, there is no
need for such an agreement. Also, we can provide you with copies of the entire covenants
applicable to the property upon request in digital format to save paper. For purposes of the written
application, we will provide the most pertinent materials. Thus, we believe the waiver criteria
Mailing Address
P.O. Drawer 790
Clenwoox1 Springs, CO 81602
www.balcombgreen.com
Glenwood Springs Office
818 Colorado Avenue
Glenwood Springs, CO 81601
970.945.6546
Aspen Office
0133 Prospector Rd. Ste. 4102E
Aspen, CO 81611
970.920_5467 .
BG
To: Glenn Hartmann
Subject: Final Plat Amendment
October 15, 2015
Page 2
located at Section 4-118 have been satisfied. We look forward to working with Garfield County
on this proposed final plat amendment. Please let us know if you need anything else from us.
Very truly yours,
BALCOMB & GREEN, P.C.
By
CJL/bc
Chad J.
E-mail: clee@balcombgreen.com
Aspen Glen Homeowner's Association
Design Review Committee
Aspen Glen Height Survey Verification Form
(To be filled out by surveyor prior to completion of rough framing and
before frough framing inspection )
Property Location: ' i A 7121 `4c_ — M G £ e
Date: A,O t2 z L 2-6.7 z--.015
►Qf ti L-1- 1 vrtli1Professional Land Surveyor of
na
The state of Colorado verified that the undisturbed or natural ground surface at the
midpoint of the site was: ( 1) 2- T3 Feet Above Sea Level.
Measured on: -J./n-[ QA -(7-1 10 ?� 1
(Month) (Day) (Year]
I found the building height (as specified in the Garfield County Land Use Code*) to be
Feet 74Inches above the undisturbed or natural ground surface.
(p a state as above sea level)
Sury
Printed name
Company name
Address
-,1 t-%0‘3, 6 S , co
City, State, Zip R'l (Q p Seal
Phone
*Garfield County Land Use Code Section 2.02.09
Building Height: The distance, measured vertically, from the undisturbed or natural
ground surface at the mid —point between the front and rear walls of a building to the top
of a flat roof or mansard roof or to the mid -point between the cave line and the peak of a
gable, hip, shed or similar pitched roof.
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
Email:11crmont@sopris.net