HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 Bth Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone : 970. 945.8 21 2 F acsimi le: 970. 38 4.347 0
www. garfield-cou nty.com
AMENDED AND CORREGTED PLATS APPLICATION
) Street Address / Genera
GENERAL INFORMATION
(To be completed by the applicant.)
I Location of Property:-0115 Midland Loop
Carbondale, CO 81623
F Legal Description: -Lot L-17, Aspen Glen, Filing No. 3-------
D Subdivision Name: Asoen Glen
Description of Proposal: _To amend the plat of Lot L-17 by reducing the size of a
drainage and irrigation easement on the Lot and by increasing the size of the
platted building envelope by a corresponding amount.--
Name of Propertv Owner (Apolicant):-Kathleen Cheldelin-
Address: _4745 Lost Creek Lane Telephone:____
City:-Bellingham--- State: -WA---- Zip Code: 98229-- FAX: 360-715-0954*---
) Name of Owner's Representative, if anv (Planner. Attornev, etc):
_Lawrence R. Green, Balcomb & Green, P.C
) Address:_818 Colorado Avenue Telephone: _-945-65 46---*----
F City: _Glenwood Springs-__ State:_co____Zip Code: 81601-- FAX: -945-9769-
STAFF USE ONLY
F Doc. No.:
) Planner:
Date Submitted:----- TSDate:
- Hearins Date: S9Cefgpp
ttAY t 7 ?nno) Zone District:
,"n?l6it;X;# v i se d : 2 t 2oo 6
Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
Evidence of the soil types and characteristics of each type.
Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8: 2p) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district.
lf connection to a community or municipalwater or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee of $100.00 with the application.
Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above and provided the required attached information which is
correct and accurate to the of
5-16-06
Date
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Lor Ll7, AsprN Gr,nN Frr,rNc No. 3
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RECEII/ED
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LotLlT is part of Aspen Glen, Filing No. 3, which was originally platted in February 1998.
At that time, Aspen Glen Golf Company ("AGGC") anticipated constructing a small pond as an
aesthetic amenity on Lot Ll7 andadjacent lots. Lot L17 was thus burdened by alarge drainage and
irigation easement to accommodate the pond. The platted building envelope was of course outside
of the drainage and irrigation easement.
In the course of actually developing this part of Aspen Glen, AGGC concluded that it was
ftot fuible to'construct a pond on Lot Ll7;theresult would be a lot with an unacceptably emell
truilding area, AGGC therefore eliminated the pond and instead built an open, "creek" st5de
irrigation feature along the rear lot line of Lot Ll7 and adjacent lots. AGGC intended to amend the
plat of Lot Ll7 to reflect this change, but it appears that the plat did not get amended.
Ms. Cheldelin purchased Lot Ll7 in2001 with the intention that she and her brother-in-law,
Shane Holmberg, would construct a spec home on the property. Both Ms. Cheldelin and Mr.
Holmberg had the understanding that the plat of Lot Ll7 had alreadybeen amended as reflected in
the instant application. Mr. Holmberg obtained a building permit from Garfield County in 2001 and
construction of the residence on Lot L17 was completed in 2003. The improvement location
certificate included in the application reflects the actual location of the residence as it is constructed
on the Lot, and clearly shows that it encroaches significantly into the originally platted drainage and
irrigation easement and outside the originally platted building envelope.
Throughout the time period of 2001 through 2003, it appears that all parties operated under
the assumption that the plat had alreadybeen amended. In 2003 Ms. Cheldelin and Mr. Holmberg
became aware that the plat amendment had not actually occurred. While they started the plat
amendment process by commissioning the proposed amended plat included within this application,
for reasons beyond their control they never actually submitted and obtained approval for the
amended plat in 2003.
Now, Ms. Cheldelin has a contract to sell the property, and the issue ofthe encroachment of
the home into the platted drainage and irrigation easement must be resolved. Ms. Cheldelin therefore
requests that the plat be amended to reduce the size of the drainage and irrigation easement from that
shown on the original plat to a twelve and one-half foot wide drainage and irrigation easement along
the rear lot line. This easement, together with the corresponding easement on the lot to the west, is
more than large enough to accommodate the existing irrigation feature. In addition, Ms. Cheldelin
requests that the building envelope on the Lot be expanded as shown on the proposed amended final
plat in order to accommodate the already constructed home. Even as expanded, the building
envelope will satisff all applicable setbacks within the Aspen Glen PUD. Furthermore, there are no
geotechnical constraints on the Lot that prohibit the expansion of the building envelope.
Job
Owner
lFwotuv*
Foundatio
Underground Plumbing
Rough PlumbingFraming -1-
lnsulation
Roofing
Drywall
Assessor's parcel No.
GABD DW
#ru&9?n*
6ii * '/'?o-at e7Contractor
Setbacks:
Soils Test
Footing tL
Front r. Rear
466r"r. 'Ja-t-<-- aa e/eA,xt phone #RH LH Zoning
Weatherproofing
Mechanical_
Electrical Rough (State; _
tslectrical Final (State) .-/etectrrcal Final (Statel t--.-a,3f.c24tfu"ffi
occup1ncy;# / LZV-'Date '.1\lt +
Septic System #
Gas Piping 7. ll -o2 DYi-.--
Date
Finat
NOTES
(continue on back)
FIIIAL GHECKLIST
EXTERIOR ,::::^Yt"'"
Hot water
Combustion s'i1 €BEDROOIIIIS
Gas PiPing, valves r/Egress y'
LPG Drain Smoke detector
FIREPLACE/STOVE
;;;;;;" ""mbustibres
l/
Termination ol chimney--'!
Door(20min.)w/autodosot'tw combustionrn@
Mech. equip. 18" above tloor
-,- Hearth (12" or 20" on sideMeCh. equtP te s----
-.-
No oPening into sleePing ^::--
,ia=n=nt'"RAwL AREA
lnsulaiion
ventilatlon
STAIRWAYS
Headroom (6'6") &'
----:-Railing
width
Rise & run
KiTCHEN
Address No.
Decks'stails & rails
Exterior locks t/ '-
a
ti"*,"n around doors & windows t/
lnseclsrlreeas '/
IT'TERIOR
GARAGE ./
Fire wall ssParation
Service doors'1%" min'
:Jffiffi,;L'to "ro'"'-tx
Clearance above gritl u'"-
Exhaust lan (
BATHRooMS FExhaustlan<
ShatterProot glass
OTHER
Glass doors
Certilied bY:
REMARKS
Clearance
Air con. system
EowARD MULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TIMoTHY A. THULSoN
OavrD C. HaLLFoRD
CHRISToPHER L. CoYLE
THoMAS J. HARTERT
CHRTSToPHER L. GETGER
SARA M. DUNN
DaNIEL C. WENNoGLE
ScoTT GRosscuP
SHANTI A. Rossgr** Lrcexseo tx ARrzM oNLy
B.r.r.couE! & Gnnrcx,
ATTORNEYS AT I/Aw
P. O. DRAI^/ER 79O
818 COI.ORADO A\TENIJE
GTJEN.WOOD SPRTNGS, COr'ORADO 8].6()2
Ttr,EPHorYE: 97O.945.6546
FAcsrMrr,E: 970,945.9769
www.balcombgree,n.com
May 17,2006
KENNETH BALCoMB
( I 920-2005)
OF CoUNSEL:
.JoHN A. THuLsoN
SPECTAL CouNsEL:
WALTER D. LowRY
RHCEIVED
MAY I 7 2006
3,fffi^[?r"?ff^l!il
Narrative explanation stating the reason for the application.
Title Commitment showing that Kathleen Cheldelin is the owner of Iot Ll7.
Letterfromtheownerauthorizingthis officeto submit andprosecutethis application.
Aproposed AmendedFinal Plat showingLotLlT bothpriorto and subsequentto the
VIA HAI\D DELIVERY TO:
Mark Bean, Planning Director
Garfield County Building and Planning Department
108 8tr'Street, Suite 401
Glenwood Springs, CO 81601
Re: Applicationfor Amended Final Plat, Lot L77, Aspen Glen Filing No. 3
Dear Mark:
I am enclosing herewith an application for an Amended Final Plat of Lot 17, Aspen Glen
Filing No. 3. This application is submitted pursuant to Procedure No. 1 of the procedural
requirements for an amended final plat as the Amendment requested hereby does not increase the
number of lots or units, does not result in the relocation or addition of any roadway, and does not
result in a relocation of any property line.
This application consists of two copies of this letter, plus two copies of the following
materials:
l.
2.
3.
4.
proposed plat amendment. As you will see from the dates on the plat, this document was originally
prepared in2003, but was never submitted to the County. Certainly, prior to consideration by the
Board, we will have a mylar of this amended final plat prepared to reflect current dates.
BAr,coMB & Gnpprv, P.C.
ATI'ORNEYS A'I'LAW
Mark Bean, Planning Director May 17,2006
PageZ
5. Portions of an improvement location certificate showing the actual location of a
residence whichhas been constructed on LotLlT. Construction of this residence was completed in
2003 and it is our understanding that a building permit issued in 2001.
6. Agreement for Payment form signed by the owner.
Also enclosed is our check in the amount of $100.00 as the base application fee.
We look forward to working with you and your office to review this amended plat application
and to obtain prompt consideration by the Board of County Commissioners. As always, please
contact me with any questions you have about this application.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
xc: Kathleen Cheldelin (dout encls.)
COMMITMENT FOR TITLE
SCHEDULE A
1. EffectiveDate: April 17,2006 at 8:00AM
2. Policy or Policies to be issued:
(a)ALTA Owner's Policy-Form 1992'
Proposed lnsured:
RICHARD PITRE ANd ROBERTAA. SORENSEN
(b)ALTA Loan Policy-Form 1992
Proposed lnsured:
(c) ALTA Loan Policy-Form 1992
Proposed lnsured:
INSURANCE
Case No. PCT20601C
Amount$ 980,000.00
Premium$ 1,142.00
Rate: Re-lssue
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$
Premium$
Rate:
3.
4.
Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
KATHLEEN CHELDELIN
The land referred to in this Commitment is situated in the County of GARFIELD State of COLOMDO and is
described as follows:
LOT L-17,
ASPEN GLEN FILING NO. 3, according to the Plat thereof filed February 10, 1998 at Reception No. 520202.
PITKIN COUNTY TITLE lNC,
501 E. HOPKINS, ASPEN, CO.81611
970-925-17 66 Phone / 970-925-6527 F ax
877-217-3158Toll Free
AUTHORIZEDAGENT
Countersigned:
%
Schedule A-PG.1
This Commitment is invalid
unless the lnsuring
Provisions and Schedules
A and B are attached.
SCHEDULEB-SECTIONl
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record to-wit:
1. Release by the Public Trustee of the,
Deed of Trust from : IGTHLEEN CHELDELIN
to the Public Trustee of the County of
for the use of
originalamount
dated
recorded
reception no.
2. Release by the Public Trustee of the,
Deed of Trust from
to the Public Trustee
for the use of
originalamount
dated
recorded
reception no.
MERRILL LYNCH CREDIT CORPORATION
$ 752,691.00
May 5, 2003
May 16, 2003 in Book 1470 at Page 578.
627474
KATHLEEN CHELDELIN
of the County of
ALPINE BANK DILLON
$ 100,000.00
February 11,2004
February 20,2004 in Book 1562 alPage777
646974
3. Release of the lien by Roaring Fork Water & Sanitation District against SHANE HOLMBERG, in the amount
of $1 ,1 1 3.51 recorded August 5, 2004 in Book 1610 at Page 897.
4. Release of the lien for common assessments against SHANE A. HOLMBERG, in the amount of $2,910.89
recorded May 26,2005 in Book 1690 at Page 790.
5. Duly executed and acknowledged Deed,From :I(ATHLEEN CHELDELINTo : RICHARD PITRE and ROBERTA A. SORENSEN
6. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of ASPEN GLEN
HOMEO!\NERS ASSOCIATION certiffing that there are no assessments for common expenses which
remain unpaid or otherwise constitute a lien on the subject property.
7. Certificate of nonforeign status executed by the transfero(s). (This instrument is not required to be recorded)
(Continued)
SCHEDULEB-SECTIONl.
REQUIREMENTS - Continued
8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B.
1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and
retained by the Assessors Office in the County in which the property is situated)
9. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be
recorded)
SCHEDULE B SECTION 2
EXCETTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service
or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent recorded July 24,1894 in Book 12 at Page
329.
8. Terms, conditions, provisions, obligations and all matters as set forth in Resolutions of the Board of County
Commissioners of Garfield County as Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page
305, Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824, Resolution No. 94-008
recorded February 2, 1994 in Book 891 at Page 620, Resolution No. 94-089 recorded August 9, 1994 in Book
911 at Page791, Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345, Resolution
No. 95-004 recorded January 17, 1995 in Book 929 at Page 64, Resolution No. 96-06 recorded February 9,
1996 in Book 966 at Page 682, Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686,
Resolution No. 92-26 recorded May 9, 1996 in Book 977 at Page 399.
9. Terms, conditions, provisions and obligations as set forth in Agreements recorded April12,1992 in Book827
at Page 636 and recorded June 29, 1993 in Book 835 at Page 364.
10. Terms, conditions, provisions, obligations easements and right of way as contained in agreements by and
between Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen Sanitation
District recorded August 19, 1994 in Book 912 at Page 970 and Recorded August 19, 1994 in Book 9'12 al
Page 973.
1 1. Terms, conditions, provisions and obligations as set forth in Subdivide/s Agreement recorded April 6, 1995 in
Book 936 atPage 444.
1 2. Easement and right of way as set forth in instrument recorded April 6, 1995 in Book 936 at Page 458.
13. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as set forth in
Declaration of Golf Facilities Development, Construction and Operational Easement recorded April 6, 1995 in
Book 936 at Page 314.
14. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement, recorded
December 1, 1995 in Book 959 at Page 968.
(Continued)
15
16.
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
Easement and right of way granted to Rocky Mountain NaturalGas Company, lnc., in instrument recorded April
30, 1996 in Book 976 at Page 13.
Terms, conditions, provisions and obligations as set forth in Warranty Deed and Grant of Easement recorded
December 31, 1996 in Book 1005 at Page 228.
17. Easements, rights of way and allmatters as disclosed on Plat of Aspen Glen Filing No. 1 recorded April6, 1995
as Reception No. 476330.
1 8. Easements, rights of way and all matters as disclosed on Plat of Aspen Glen Filing No. 3 recorded February 10,
1998 as Reception No. 520202.
19. Terms, conditions, provisions and obligations as set forth in Subdivider's Agreement recorded February 10, 1998
in Book 1052a|Page 995.
20. Restrictive covenants, which do not contain a forfeiture or reverter clause, as contained in Master Declaration of
Covenants, Conditions and Restrictions for Aspen Glen recorded April 6, 1995 in Book 936 at Page 350, First
SupplementalDeclaration recorded July 15, 1997 in Book 1026 at Page 161, Second SupplementalDeclaration
recorded November 26,1997 in Book 1043 at Page 850, Third Supplemental Declaration recorded February 10,
1998 in Book 1053 at Page 8, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at
Page 30, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800, Sixth Supplemental
Declaration recorded May 22,1998 in Book 1069 at Page 58, Seventh Supplemental Declaration recorded
August 24, 1998 in Book 1084 at Page 943, Eighth Supplemental Declaration recorded October 26, 1998 in Book
1 094 at Page 517 , Ninth Supplemental Declaration recorded August 17, 1 999 in Book '1145 at Page 680, Tenth
Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293, Eleventh Supplemental
Declaration recorded September 23, 1 999 in Book 1 1 51 at Page 877 , Twelfth Supplemental Declaration recorded
December 14, 1999 in Book 1164 al Page 755 and Thirteenth Supplemental Declaration recorded July 17, 2000
in Book 1197 alPage740 and Fourteenth SupplementalDeclaration recorded May 8,2003 in Book 1467 at Page
91 0 and Fifteenth Supplemental Declaration recorded December 21 , 2004 in Book 1649 at Page 891 .
85,/',.1 2,,',2885 L2:12
06/12/2o0o 11:04 FAtr
35871 5A954
19709{5r
CHELDELIN VOCA'TIONA
T./IRRY GREEN
F,AGE t]:I
@ oos
I(arro.rpN CEELDELIN
4745l.crlrCleek lane
Beilineham, VA 98229
Msyl2,2W
Garfield Contry Builditrg ed Plaudng Dqertment
lOE E& Sffi, Suite 401
SeffiSp,qg U6ol
I m. the owaer oflotL77,Ary€n Glco, Filing No. 3. A resideocc has beeq eonstnrctod on
tlst t-ot Coaetnrction was completod in 2003.
I hcrcby authorize }rrmcl ft.,Grucar,Bdffi'* Ofoc& ?.C,, b srfimdt and pursuc to
complaionenryplicationtorndthcfinalplat oflotLlT.lteprrrposcoftheamcndcdfinal plat
is to reduce tbe size of a &ainege and irrigdioo oascmrcmt ehmar oa the ocisting plat, and to
correspondiusty lacrease the 6ize of fte building eurrclopo. These changps will cue an
mcrooohmcot that preecutly ercists betrrfu &c acttal location of tho rcsidacc ad the currenrfly
phut sasmcut/building mwlqc lima.
Thmk 1ou verymuch furrryrn"it*ti*to thismattc.
Ihthlecu Choldclin
Aspen Glen Homeowner's Associotion
Design Review Committee
July 3,2006 via email
Mr. Richard Wheeler
Senior Planner
Garfield County Building & Planning Departrnent
108 8fr Sheet
Glenwood Springs, CO 81601
Re: Lot L-17 Hohnberg Building Envelope Adjustment
Dear Richm4
The Aspen Glen Design Review Committee discussed the pending building envelope
adjustnent proposed by Mr. Shane Holmberg and represented by Mr. Larry Green at
their meeting June 21,2006.
Because the home was constucted before the plat was adjusted and this application is an
attempt to cofiect the situation, the DRC has determined that a typical DRC review of the
adjustrrent is unnecessary. However, the DRC discussed the proposal and notified
adjacent property owners of the pending application. No comments were received by
adjacent property owners. The DRC provides the following recommendation to Garfield
County:
l. Consistent with current adjusfrnent reviews, the DRC recommends that if the
envelope is to be adjusted that it is adjusted just to accommodate the footprint of
the home as the home extends beyond the building envelope to the rear of the
property. Likewise, the front boundary of the building envelope should be
adjusted closerto the existing front ofthe home by 30 feet which should equal
the amount the rear boundary was increased to contain the existing home. The
DRC is wary about increasing the size of the envelope to accommodate the home
with the result being a large building envelope that is out of scale with
neighboring properties.
Richard, thank you for your consideration to this issue and thank you for the opportunity
to comment on the pending application. Please do not hesitate to give me a call with any
comments or questions.
PO Buc 4M Cobondale, CO 81623 Tel: (970) 963-j362
Em ai I : ll on ofi @S opr is. net
Sincerely,
kslie Lamont, Admiqistrator
Aspen Glen Design Review
Cc: Shane Holmberg
I-afiy Green
PO Box 400 Cobondale, CO 8162i Tel: (970) 963-3362
Em ai I : ll amort@t opr is. net
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