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1.0 Application and Supplemental Info.
• • 9.05 VARIANCE 9.05.01 Application: An application for a variance shall be made to the County Building Official in a form prescribed by the County and shall consist of an application for a permit as provided in Section 9.01 and any other section related to the requested use or interpretation, plus: (1) Any additional information deemed necessary by the Building Official in order to permit the Board of Adjustment to fully understand the issues which it will consider; A statement from the applicant setting forth the specific provisions of this Resolution from which relief is requested, the nature and degree of relief sought and the reasons in justification thereof; �31 A fee in an amount set by the County Commissioners by separate resolution, in order to defray the cost of processing and consideration of the proposed variance. (A. 80-180) 9.05.02 Action by the Building Official: The Building Official shall utilize services of the Environmental Health Officer, the County Planning Director and any other county or state officials or agencies to arrive at a determination that the proposed building, structure or use is in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except for those provisions of this Resolution from which variance or relief is requested; and if the proposed building, structure or use is in compliance except for said provisions, shall forward the application along with his report to the Secretary of the Board of Adjustment. If the application is not so in compliance, the Building Official shall notify the applicant of the deficiencies. No application for variance shall be forwarded to the Board until such compliance is achieved by the applicant. -6-rb , IbD a • • 9.05.03 Action by the Board of Adjustment: After the proper forwarding of an application for variance to the Board and where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize, upon the application relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided, however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (2) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. 9.05.04 Public Hearing: Hearings held on requests for variances from strict application of the provisions of this Resolution may, at the discretion of the Board, be conducted as a public hearing following public notice containing the name of the applicant, description of the property involved, a statement of the nature of the appeal and the time and place of the hearing. If such a public hearing is held, such notice shall be the sole responsibility, and at the expense, of the applicant and shall be given as follows: (1) Notice by publication shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. 2) Notice by mail shall be sent by certified return receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (A. 80-180) Resolution Section to permit �� �1= in the L. zone district. VARIANCE APPLICATION GARFIELD COUNTY ZONING BOARD OF ADJUSTMENT EitCEIVED FEB 2 2 2O01' Pursuant to Section 9.05 of the Garfield County Zoning Resolution coy (applicant/owners name) of the Garfield County Zoning Resolution concerning e:r-r e.rl‘c_1 request(s) , a variance to S : MITTAL REQUIREMENTS: Sketch map: showing all improvements on the site, building sizes, locations, setbacks and access points. Vicinity map: showing general geographic location. Legal description of site - Copy of Deed of Ownership. Practical description of site - including address. je Names and addresses of property owners adjacent to or within 200 ft. of the site (available at the Assessor's office). Where applicable: descriptions of domestic water source, sewage disposal and other utility facilities. Plans and specifications for the proposal. 6 Narrative explaining why the variance is being requested. It should be demonstrated by the above information and statements that, "...where by reason of optional narrowness, Jowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) Subject to the above findings, the Board of Adjustment may authorize a variance provided: 9.05,Q3 (1): That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): That such relief may be granted without substantial detriment to the public good and �1 = i thout substantially impairing the intent and purpose of the general plan or this resolution; : That the circumstances found to constitute a hardship were not caused by the applicant, ` re not due to or the result of general conditions in the district and cannot be practically corrected. ./K A $250 fee must be submitted with the application. PROCEDURAL, REQUIREMENTS; 1. Submit applications to the Garfield County Planning Department no later than the last Friday of the month in order to be included on the following month's agenda. Regular meeting of the Zoning Board of Adjustment scheduled on the fourth Monday of each month at 7:00 p.m.. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. (section 9.05.04 (1). 4. Notice by mailing (of the public notice form) shall be sent by certified return -receipt mail to all owners of all property within two hundred (200 ) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (Section 9.0 5,04 (2)) The above and attached information is correct and accurate to th APPLICANT: MAILING ADD'SS: OWNER: MAILING ADDRESS: edge. signatures of applicant/owner) • • x cis b 0 U Iffs tj <� 5 PAY TO THE ORDER OF GLASS UNLIMITED, 1 P.O. BOX 3121 PH. (970) 928-9151 GLENWOOD SPRINGS. CO 81602 US sP 23-2/1020 - 246 5092 4,/„2a/o( 1$ c)50`7 DOLLARS 1 D,q* on beak MAMMA 01-MNIMIX•1412 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Ree $ _9V nt Name (Reese Pnnt C! n) (to r completed b eller IT" Street, Apt. No.; or VI) Box No. cm' 4 1-1 acc,,,oky vkc la_f4fl fAt A �lli.flG S CO Uilio( M1611-01Wit.tial ffi34.l11digRI AIIIiM•341i Postage Certified Fee Pte, Return Receipt Fee (Endorsement Required) rq A Restricted Delivery Fee CI (Endorsement Required) Total Postage & Fees HT1 $ 3'/ $ 5 7Y lent's Name (Please Print Clearly) (to be completed by mailer) mt.eco a.- -Q.0 LgAA Man=o,aemati �- Er Sft@et, Apt. No.; or PO Box No. n �yy Stefe,a 1Q13 9 : tonciAnA or.nas 0.0 sl_6Oa /406431 <Iflfl tm I! CA4. .C‘, rn —13 r4 e'a C3 ED m Er ry U.S. Postal er CERTIFIED MAI (DnttocstiC Matt Only; Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Foes Roo f7rtt s Name (POs ................... o . or P Box o. � $aPA ` CO\srn—kt i 11111111111 riaggi se Print Clearly) {tc a completed by mailer) vcrac 3 PARZ 1I►t, : COMP/ f it 1 1.' . ▪ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. Ir Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: ck d ft.CL . 4c-u.kKy neS, Payne Po$lgS k5een COWL! 11 11-i1S S1 C 1 JON ON Of 1 1V! 11Y A. Received by (Please ; int /early) B. t: of - (very 9 6 0 Agent 0 Addressee delivery :.• different from Item 1? 0 Yes If YES, enter livery address below: 0 No 3. Service Type jiirCertified Mall 0 Express Mall ❑ Registered j8( Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. e r (Copy from rvlce labs!) PS77?�3r�O(( ©/ 7 ��t Y mJuly 1999 Domestic Return Receipt 102595-00-M-0952 SENDER: COMPL( TE THIS SEC71ON ■ Complete Items 1, 2, and 3. Afso complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: re eau_ bV Land PCS o ct aleML c 4 16t 2. Article Number (Copy from service Labe° -3 oo PS Form 3811, July 1999 R rp C. Signature X lease Prin D. Is delivery address di if YES, enter delivery 3. Service Type lirCertified Mall ❑ Registered ❑ Insured Mall Clearly) B. Date_pf D pv y LIA Agent 0 Addressee Item 17 ❑ Yes ess below: 0 No 0 Express Mail Return Receipt for Merchandise b _C.O.D. 4. Restricted Delivery'? (bra Fee) Cl Yes Domestic Return Receipt 102595.00-M-0952 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the malipiece, or on the front If space permits. 1. Article Addressed to: rev1r L. -1-Phy\l.,sM.Y04kfts t-lkA�s Ctiownry Rd llo C-lenwoodL %12 s fs-I6o1- COMP FIT THIS St ClION ON or 1 IVF'try A. Received by (Please Print Clearly) B. Date of Delivery C. Si. nature 1�--lam410 ❑ Agent Addressee D. Is delivery add z. different from hem 1? 0 Yes 11 YES, enter delivery address below: 0 No APR -.72001 3. Service Type Certified Mall 0 Express Mall O Registered , Return Receipt for Merchandise O Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Nu (Copy from service label) Ociq -31-hon 6n r PS Form 3811, July 1999 Domestic Return Receipt 102545 -0o -M-0952 obi Cr)0 0 roo:n:L87:8 0-12 5 ▪ ac33�¢� Ioa�oddro U .b� ct•$ �m ' 8.a S 41R°NO2Oc+la +8'2-28t � d -g asaiio p S ,ice` rtf 19 60 @tq O C ro00 ' rg:TrIf w8 -o -g -s= ?,t) g. 0 oa3�acdo� �.73�cs�ro�ro���01 w•5p0w►'vroiCC;0 '1) o• ' ., . ca w �O cr . s al o i O a4 -c0— opo � O': ---ma: 1.ll j'isti I f !pill ill II 1/1111 1 it 1j4 111 .14 a 4: OY .5 tP8 8 1 ro 0 a4 0 O w .0 alO w O 0 0 0 (.1) ro 0 0 N ju$11! ilil!!!'t 1 wiol/isituivmisi% tts4gi i§ t tsi tsF. . ::::ii': II/ I . . Pil::::-:, i It!i!h1It1� 1I�ii r 2014 Grand Avenue, Glenwood Springs, CO 81601 IMIZIF""91"'""111111A1 „, Iwo% Rom dYlail.J"tea • 14-110[0( • vy)_, (4/U q2-0 -51C91 CifrvaivoLi/f otht5U.1--ututi ✓1�� " . NZO 0-0 tun.vezo 2, Vieu lA%� c�lfRlla.o� I�eew File Name 12§12 NitA App. Submitted a �evkw due Il k curiarc$L, Letter of receipt Letter If Incomplete 4 Completeness letter te-Depeilersbeet— Meeting Scheduled Public notice rent Referrals sent Meeting Outcome Follow up letter Conditions met Bill sent Bill paid Permit written Resolution # Case Closed ( D�- Permit signed Resolution signed r IMPORTANT MESSAGE FOR t-1. A.M. GATE VP , 3 / TIMECS P OF PHONE f././�,y� 3-6343 A E COPE NU L] FAX ❑ MOBILE E NSION AREA CODE NUMBER TIME TO CALL TELEPHO1 O � PAk L n A�j� ''['}_ DAME I O SEG .f J Y b 6 �f 4�' LL AGAJN b WAN S TQ �� Q bs RETURNED YOUR CALL : ' 1 PECIAL ATTEIN ION MESSAGE IQ `I MOS MADE U.S.A. 002P MADE IN .IG 1•Iew ,60Y4 A),_ &1/1C (" 9(03-03(a3 P\Q (44-0AlriP 5icg.1/o/ FOR DATE P i RTANT NT MESSAGE) M•— OF PHONE ID FAX ❑ MOBILE TIME xJ A.M. PM 3 AREA CO� NUNlHER�SION AREA CODE NUMBER TIME TO GALL TEI.EPHOI D PAS :4AME O _ you. sea' ,"F"" s s 'Ys ��sE s 1 �IAr .lt:Q M -E Yl.} 4,. 4 s'� dC�3 s B b3 §� PETt1RNED YOUR CALL J l CIAL ATFEI 'lON Ir:• • MESSAGE SIGNED InbPSFORM 3002F' MADE IN U.S.A. REQUEST: BOA 4/23/01 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.07.06 (2) of the Zoning regulations concerning the minimum rear yard setback. APPLICANT: Cody Gremel LOCATION: 0314 County Road 1I0, Located between Glenwood and Carbondale, at the Cattle Creek turnoff. SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: Approximately 1 '/2 acres One share in the Cattle Creek Water Assoc. County Road 110 C/L – Commercial Limited I. SITE DESCRIPTION AND DESCRIPTION OF THE PROPOSAL bre • .eu GetAiUe 01-* _(,,All1A!'4 au AF vSite Description: There is a retaining wall an • steep, 200 foot high embankment on the .,r- estern boundary. County Road 110 forms the southern boundary, with another steep 40' high hill to the south of it. The northern boundary is formed by a 25' high cut into the Vp , ooh S hillside. There are several existing buildings on the site: the "new" glass shop (where the residential apartment is proposed), the "old" glass shop, shops, and an old shed. B. Request: The applicant is requesting a variance from the required twenty-five (25) foot rear yard residential setback. The proposed variance would allow the placement of residential dwelling unit ten (10) feet from the rear property line. The applicant has stated that he was unaware that the commercial and residential setbacks were different, and maintains that the topography, coupled with the fact that the Colorado Dept. of Transportation used the property as a landfill, presents unusual site constraints and hardships. II. PROJECT IHISTORY: Page 1 of 4 In 1976, the Board of County Commissioners approved a zone district amendment for the subject property from A/R/RD to CIL. This site was then the subject of subdivision exemption requests in 1979 and 1992. In 1992, a 5.84 acre tract was divided into three (3) exemption lots for the purpose of selling the lots for commercial purposes. The Board can not approve an exemption unless the applicant can demonstrate compliance with zoning, among other things. During the review process, the site constraints and topography of the lots was reviewed in detail. The staff report stated that, "The subject property has steeply sloped (near vertical) banks on each of the three lots. Staff has concerns about the stability of these banks. Geotechnical evaluations should be a condition of approval for any further development." The applicant demonstrated an ability to meet all zoning requirements at that time, and the exemption request was approved, subject to certain conditions. These conditions included the following, among others: 1. The plat shall include a note stating "A geotechnical study to determine slope stability shall be a prerequisite to any construction on Lots #2 and #3.". 2. The subject property shall be brought into compliance with the setback requirements of the Zoning Resolution prior to approval of the exemption plat. Staff finds these conditions of approval to be central to the question of whether or not the requested variance should be granted. At the time that the lot was rezoned and split, it's inherent constraints were recognized. The Board of County Commissioners determined that the Zoning Requirements could be met on the site, and thus approved both the rezoning and the exemption requests. To now prove otherwise would question the validity of the original rezoning and creation of the lot itself. III. MAJOR ISSUES AND CONCERNS A. Zoning: A setback is the minimum dimension of a required yard (section 2.02.48). A yard is the open space on a lot unobstructed from the ground upward (section 2.02.54). A front lot line is the boundary of a lot dividing it from the adjacent street (section 2.02.34-1). A rear lot line is defined as the boundary of a lot opposite the front lot line. A side lot line is any boundary other than a front or rear lot line. Section 3.07.06 of the Garfield County Zoning Resolution of 1978, as amended, states what the minimum setbacks are in the C1L zone district: Minimum Setback: 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 street: fifty (50) feet from street centerline or twenty-five (25) feet from lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line for lot occupied by residential uses; Seven and one hal feet (7.5) for lots with no residential occupancy. (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the Page 2 of 4 principal building, whichever is greater. (A. 79-132) Any lot in the CIL zone district with residential uses has a 25' rear yard setback. However, any lot in the same district which has strictly commercial uses has only a 7.5' setback. Variance Criteria: Section 9.05.03 of the Zoning Resolution sets forth the criteria upon Whet states: Action by the Board of Adjustment: After the proper forwarding of an application for variance to the Board and where by reason of exceptional narrowness, shallowness or shape of the specific piece ofproperty at the time of enactment of tthiiss Resolution or fpy0,10MOthe iiiiiitibleitiiiidetiadtatiOnienoimmalohnowkinrt p onallagetleaii•.' ties` -"i i nr. ^end d. tduei i ;owne'*ltn►,lhe Board may authorize, upon the application relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided, however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (2) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. Staff finds no "reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition" which would result in "peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon" the owner of the property. To the contrary, oo . awns 'was , IsNeesilitisittrupuirpurohtuarof, ,41 i; r; ki k:1,: Atifitheiteed forfrAt Commis'e one iousehi thitthe 7A4higitequiromentscianbso<,me1t,: 4:oarY. Page 3 of 4 C e a a,: a r atOottwOuRAY,A944019404,owropert3rAiromierts wrontia . g., , ^4 , , a Gia ^us eMis t� i� fil'tev'bl!!1'!'1 tan be4POSinallytorreetedbyleithernotenoroaching,into,heresidential.Se b or bye; tot till i thesesidentialuniti t IV. SUGGESTED FINDINGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the variance approved is not the minimum necessary to alleviate the difficulties, that the hardship is self-created, and it can be practically corrected. 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION Based on the comments contained herein, and on the findings listed above;: ,4 Page 4 of 4 fitEcErvE71 r,AR 1 5 tori CODY GREMEI.: 0314 County Rd 110 Glenwood Springs, CO 81601 (970) 928-9151 Fax (970) 928-9168 March 14, 2001 Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Application for variance Geotech performed a soil analysis on the soil. C -dot used this property as a landfill in the 40's and 50's. This has caused the soil in the center of the property to be unstable. Do to the size and weight of the building, they reccommended northwest corner of the property. This is a cut area rather than a filled in area and would be more stable. Do to the narrowness and shape of the property, this was the best location available to build a building of this size and still be able to get tractor -trailer trucks in and out of the property. Both businesses located on this property, has all of its merchandise and materials delivered by tractor - trailer trucks, this was an important decision. Do to the location of the property, the water drainage system runs directly through the center of the property. ;LENWOO D SPRINGS 120 SK: Arta El Jebel 411 • Cody Gremel P.O. Box 3121 Glenwood Springs, CO 81602 Office (970) 928-9151 February 22, 2001 Garfield County Zoning Board Of Adjustment Job Location: 0314 County Rd 110, Glenwood Springs, CO 81601 I request a variance for a residence to be built inside an existing commercial metal /building. I would like a 1350 square foot apartment on one end of the upper level of the building. When we built this building we did not realize the zoning for the commercial building is different for residential in our section. The building is ten feet off of the property boundary, and I understand that a residence has to be 25 feet off of the property boundary. Since the building is complete I need this variance to build my apartment. This apartment would be occupied by myself. Thank you, GARFIELD COUNTY Building and Planning Department April 24, 2001 Mr. Cody Gremel P.O. Box 3121 Glenwood Springs, CO 81602 Dear Cody : As you are aware, your request for a variance from the rear yard setback for your property at 0314 CR 110 was reviewed by the Board of Adjustment at a public hearing yesterday evening. At said hearing, the Board of Adjustment moved to deny the variance request, and the motion carried. Please do not hesitate to contact in the event you have any questions, or if I may be of further assistance. Sincerely, Kit Lyon Senior Planner cc: Building Department Phone: 945-8212/Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601 REQUEST: BOA 4/23/01 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.07.06 (2) of the Zoning regulations concerning the minimum rear yard setback. APPLICANT: Cody Gremel LOCATION: 0314 County Road 110, Located between Glenwood and Carbondale, at the Cattle Creek turnoff. SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: Approximately 1 1/4 acres One share in the Cattle Creek Water Assoc. County Road 110 CIL — Commercial Limited I. SITE DESCRIPTION AND DESCRIPTION OF THE PROPOSAL A. Site Description: There is a retaining wall and steep, 200 foot high embankment on the western boundary. County Road 110 forms the southern boundary, with another steep 40' high hill to the south of it. The northern boundary is formed by a 25' high cut into the hillside. There are several existing buildings on the site: the "new" glass shop (where the residential apartment is proposed), the "old" glass shop, shops, and an old shed. B. Request: The applicant is requesting a variance from the required twenty-five (25) foot rear yard residential setback. The proposed variance would allow the placement of residential dwelling unit ten (10) feet from the rear property line. The applicant has stated that he was unaware that the commercial and residential setbacks were different, and maintains that the topography, coupled with the fact that the Colorado Dept. of Transportation used the property as a landfill, presents unusual site constraints and hardships. 11. PROJECT HISTORY: Page 1 of 4 In 1976, the Board of County Commissioners approved a zone district amendment for the subject property from A/R/RD to C/L. This site was then the subject of subdivision exemption requests in 1979 and 1992. In 1992, a 5.84 acre tract was divided into three (3) exemption lots for the purpose of selling the lots for commercial purposes. The Board can not approve an exemption unless the applicant can demonstrate compliance with zoning, among other things. During the review process, the site constraints and topography of the lots was reviewed in detail. The staff report stated that, "The subject property has steeply sloped (near vertical) banks on each of the three lots. Staff has concerns about the stability of these banks. Geotechnical evaluations should be a condition of approval for any further development." The applicant demonstrated an ability to meet all zoning requirements at that time, and the exemption request was approved, subject to certain conditions. These conditions included the following, among others: 1. The plat shall include a note stating "A geotechnical study to determine slope stability shall be a prerequisite to any construction on Lots #2 and #3.". 2. The subject property shall be brought into compliance with the setback requirements of the Zoning Resolution prior to approval of the exemption plat. Staff finds these conditions of approval to be central to the question of whether or not the requested variance should be granted. At the time that the lot was rezoned and split, it's inherent constraints were recognized. The Board of County Commissioners determined that the Zoning Requirements could be met on the site, and thus approved both the rezoning and the exemption requests. To now prove otherwise would question the validity of the original rezoning and creation of the lot itself. III. MAJOR ISSUES AND CONCERNS A. Zoning: A setback is the minimum dimension of a required yard (section 2.02.48). A yard is the open space on a lot unobstructed from the ground upward (section 2.02.54). A front lot line is the boundary of a lot dividing it from the adjacent street (section 2.02.34-1). A rear lot line is defined as the boundary of a lot opposite the front lot line. A side lot line is any boundary other than a front or rear lot line. Section 3.07.06 of the Garfield County Zoning Resolution of 1978, as amended, states what the minimum setbacks are in the CIL zone district: Minimum Setback: Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet fromfront lot line, whichever is greater; (b) local street: fifty (50) feet from street centerline or twenty-five (25) feet from lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feetfrom rear lot line for lot occupied by residential uses; Seven and one half feet /7 5) for lots with no residential occupancy. (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the Page 2 of 4 principal building, whichever is greater. (A. 79-132) Any lot in the C/L zone district with residential uses has a 25' rear yard setback. However, any lot in the same district which has strictly commercial uses has only a 7.5' setback. B. Variance Criteria: Section 9.05.03 of the Zoning Resolution sets forth the criteria upon which a variance may be granted. It states: Action by the Board ofAdjustment: After the proper forwarding of an application for variance 10 the Board and where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize, upon the application relating to said property, a variance from such strict application so as to relieve such difficulties' or hardship, provided, however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (2) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. Staff finds no "reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition" which would result in "peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon" the owner of the property. To the contrary, staff finds that the property owner was responsible for being aware of the steep slopes and site constraints upon purchase of the property, and that a plat note alerted the potential lot purchaser of the need for further geotechnical evaluations. Staff further finds that the Board of County Commissioners has previously determined that the Zoning Requirements can be met on the property. Page 3 of 4 Staff further finds that the circumstances found to constitute a "hardship" were caused by the applicant, and can be practically corrected. The property owner is currently benefiting from the commercial use of his property, and the problem can be practically corrected by either not encroaching into the residential setback, or by not building the residential unit. IV. SUGGESTED FINDINGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the variance approved is not the minimum necessary to alleviate the difficulties, that the hardship is self-created, and it can be practically corrected. 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION Based on the comments contained herein, and on the findings listed above, Staff recommends DENIAL of the variance request. Page 4 of 4 March 6, 2001 • • GARFIELD COUNTY Building and Planning Departmen \)\ °- °` r 1- ltto Mr. Cody Gremel P.O. Box 3121 Glenwood Springs, CO 81602 Dear Cody : eie",; Thank you for your application for a variance. The application has undergone an initial review and been determined technically non-compliant for the following reasons: J1. Item B on the application requires a vicinity map showing the general geographic location of the property. Please provide said vicinity map. Item I of the application states that you must demonstrate the need for the variance is caused, "... where by reason of exceptional narrowness, shallowness, or shape of the specific piece of property ...or by reason of exceptional topographic condition of such piece of property...". Section 9.05.03 (3) of the Zoning Resolution grants the Board of Adjustment the authority to approve a request for a variance provided, "That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions of the district, and cannot be practically corrected". The application must contain evidence that the reason for the variance request is the unusually constraining shape or topography of the property. Furthermore, it appears that the reason for the variance request is due to a hardship caused by the applicant (ie, being unaware of the zoning regulations), and that it can be practically corrected (ie, by placing the dwelling unit elsewhere). Any "hardship" must be proven to be caused by zoning, not caused by the applicant. Please understand that the Board of Adjustment is not authorized to approve of a request for a variance unless these very strict criteria are met. I regret to inform you that at this point in time the application does not contain the necessary supporting information called for by the Zoning Code. The application will be temporarily withdrawn from the review process until the required items have been submitted. Please do not hesitate to contact me in the event you have any questions. Sincerely, Kit Lyon Senior Planner Phone: 945-8212/Fax: 945-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601 -a =bunt-- _J-11024 bunt—_ _.ri1024 N (Year District 20011011 pr Dist St A Owner Nameless PAYNE, JOHANNA S. & WAYNE S. PO BOX 8198 ASPEN CO 81612.8198 Parcel Number 2393-074-00-004 treet o Dir N7Street Name 000236 110 COUNTY Location City E[LocatIon Zip GLENWOOD SPRINGS LLJJ 81601 IMH Space Seq Acct Type Type RD Lagt 1BACode • wner I • Owner Location Map No Business Name Name Situs Mobile Tract Condo Block Sales Misc ( Tax Items Pre/Suc [ Remarks Tax Sale Spc Asmt Mines Sibling Flags I Protest (T) [ ] Mobile Auth H ] Value L ] State Asd 1] Control [ J History L j PPCertLtr [ ] CAMA (A) L-1 Personal (P H _ I Oil and Gas [J Recording ] Imaging I AFIC SECT,TWN,RNG:7-7.88 DESC: A TR IN LOT 15. BK:0451 PG:0290 BK:0759 PG:0544 BK:0791 PG:0027 BK:0791 PG:0029 BK:0791 PG:0025 BK:0894 PG:0214 BK:0972 PG:0524 BK:0972 PG:0521 TYPE LAND IMPS TOTAL ACTUAL . ASSD ACRES SQ FT 90,000 8,77 0I 119,100 11,600 209,100 20,370 Queries ACCOUNT X Current Year Prior Version Ne(x)t Version Characteristics Property Card Owner Name!/"less Account BUREAU OF LAND MANAGEMENT R050265 N PO BOX 1009 Year District GLENWOOD SPGS CO 81602-1009 2001 005 Apr Dist VI A Parcel Number 2393-112-00-951 1MH Space Seq Street No Dir No# Street Name Type Location City CARBONDALE ode • Business Name [] Name [ J Situs Mobile [ J Tract .J Condo [..... J Block [ Sales Mise ( nerld Tax Items PrelSuc 1 Remarks Tax Sale Spc Asmt 1 Mines Sibling 1 Flags ElLocation Zip (Owner Location Acct Type Lagt Map No Protest (T) [11 CAMA (A) Mobile AuthPersonal (P Value [ _ J State Asd Control [ History H PPCertLtr e[ Oil and Gas [_ 1 Recording [] Imaging J ARC SECT,TWN,RNG:11-7-88 DESC: SEC.1 LOTS 6-9, SEC.2 LOTS 7-10, SEC.3 LOT 10, DESC: SEC.9 LOT 8, SEC.10 LOTS 1-8, SEC.11 LOTS 1-5 SENE DESC: SENW, SEC.12 LOTS 1-5&9 S2NE,SENW,NWSE. TYPE LAND .....---..—._ _...-- ......_. . IMPS EXEMPT TOTAL Queries ACCOUNT 8,65 I 2,51 Current Year Prior Version 1.1 Ne(x)t Version Characteristics Property Card --> Account R111984 N Year District 2001 011 Apr 1st St A Owner Name/i ess PERKINS, MELVIN L. & PHYLLIS M. 448 COUNTY ROAD 110 GLENWOOD SPGS CO 81601-9604 Parcel Number (MH Space Seq 9 Dir No# Street Name 110 COUNTY Street No 000448 Location City 1Location Zip CARSBONDALE 61$23 o • IOwner ld !Owner Location Type RD. Acct Type Lagt Map No Business Name [ f Name [1 Situs [ H Mobile Tract [ Condo L J Block [ ] Sales Tax Items PrelSuc Remarks Tax Sale Spc Asmt Mines ▪ ] Protest (T) [ [...1 Mobile Auth [ [. [1 Value State Asd Control History CAMA (A) [ j Personal (P Oil and Gas Recording Imaging [ [ [_ I Misc ( ! Flags F'Pc:ertLtr SECT,TWN,RNG:7-7-88 DESC: A TR IN LOTS 14 & 15. BK:0928 PG:0289 PRE:R011383 ......... . TOTAL ACTUAL 110,000 73,580 Queries ACCOUNT 183,580 ASSD ACRES SQ FT 10,710 0 7,17 17,880 Current Year Prior Version Tax Trx Prior Year Ne(x)t Version Abatement Next Year Characteristics Property Card Update Clear Exit Account R111824 Year District 2001 011 pr . st 5t A N Owner Name/Doss CCY, LLC PO BOX 848 GLENWOOD SPGS CO 81602-0848 Parcel Number 2393-074.00-026 Street No Dir jMH Space Location City GLENWOOD SPRINGS BACode • Business Name ner Street Name HIGHWAY 82 RILocatlon Zip 81601 d (Owner Location Acct Type 1Map No X Name X Situs [ _] Mobile [ ..1 Tract [ J Condo [ 1 Block X Sales [ 1 Mise ( Tax Items ®X Protest (T) Pre/Suc [ .. Mobile Auth Remarks [ ] Value [ 1 Tax Sale 5pc Asmt i State Asd [ . Mines [..1 Control [ Sibling L-] History Flags [ i PPCertLtr . CAMA (A) Li Personal (P I Oil and Gas [ _.J Recording [_ Imaging Seq Type Lagt SECT,TWN,RNG:7-7-88 DESC: A TR IN LTS 9 & 15 AKA LOT 3 OVERACKER EXEMPTION BK:0834 PG:0819 BK:0833 PG:0398 BK:0783 PG:0155 BK:0783 PG:0154 BK:0767 PG:0194 BK:0532 PG:0255 BK:1156 PG:91 PRE:R111261 TYPE ACTUAL LAND 77,000 IMPS 2,08 TOTAL Queries ACCOUNT 79,080 ASSD 22,330 600 22,930 ACRES 1 SQ FT 0 Prior Year Next Year Update Prior Version Ne(x)t Version t Clear Abatement Property Card Exit RECORDATION REQUESTED BY: U.S. BANK NATION ASSOCIATION/SMALL BUSINESS CREDIT - CENZ.f.L 16 N NTH AVENUE NORTH - HOPK3666 HOPK1N` , MN 55343 WHEN RECORDED MAIL TO: U.S. BANK NATIONAL ASSOCIATION/SMALL BUSINESS CREDIT - CENTRAL 16 NINTH AVENUE NORTH - HOPK3666 HOPKINS, MN 55343 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY [bank. DEED OF TRUST THIS DEED OF TRUST IS DATED OCTOBER 29, 1998, among Gremel Holdings, LLC, a Colorado Limited Liability Company, whose address, is 314 County Road 110, Glenwood Springs, CO 81601 (referred to belor.. as "Grantor"); U.S. BANK NATIONAL ASSOCIATION, whose address is 802 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Garfield County, Colorado (referred to below as "T 'ustee"). CONVEY! .JCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and as. to Trustee for the benefit o _ender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, ', r with all existing or subseq . nl y erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch n J 1t (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatingto the real properly, including wiihol t limitation all minerals, oil, gas, geothermal and similar matters, located in Garfield County, tate of olorado (the "Real Property"): A PARCEL OF LAND SITUATED IN LOT 15 OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING NORTHWESTERLY OF THE NORTHWESTERLY RIGHT OF WAY LINE OF GARFIELD COUNTY ROAD NO. 110 AS BUILT AND IN PLACE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 =GINNING AT A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE WHENCE THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS S. 31 DEGREES 45' 31" E. 2,962.25 FEET; THENCE ALONG SAID NORTHWESTERLY RIGHT 01 'WAY LINE ON THE FOLLOWING COURSES: 67.78 FEET ALONG THE ARC OF A 321.58 FOOT i CUh /E TO THE LEFT, THE CHORD OF WHICH BEARS S. 70 DEGREES 53' 14" W. 67.65 FEET; THENCE S. 64 DEGREES 50' 59" W. 63.99 FEET; THENCE 176.73 FEET ALONG THE ARC OF A 141.24 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S. 29 DEGREES 00' 11" W. 165.43 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ON A COURSE BEARING N. 10 DEGREES 34' 17" W. FOR 329.78 FEET; THENCE S. 89 DEGREES 13' 30" E. 238.47 FEET; THENCE S. 10 DEGREES 45' 04" E. 129.20 FEET TO THE POINT OF BEGINNING. EXCEPT ALL THAT PORTION CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS BY DOCUMENT NO. 102744. THE ABOVE DESCRIBED PROPERTY IS SOMETIMES ALSO KNOWN AS: LOT 2 OVERACKER SUBC VISION EXEMPTION ACCORDING TO TF . PLAT RECORDED MAY 12, 1992 AS RECEPTION NO. 434656. TOGETHER WITH A TRACT OF LAND CONTAINED IN LOTS 14 ANC 15 OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD 110, AS RECITED IN BOOK 160 AT PAGE 130, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 7 BEARS N 87 DEGREES 02' 28" E A DISTANCE OF 1552.02 FEET; THENCE ALONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING FOURA4 OURSES: N 82 DEGREES 11' 00" E A DIST, ICE OF 147.68 FEET; Gi 47C6yy THENCE N 83 DEGREES 24' 00" E A DISTANCE OF 156.85 FEET; 0��,,,,,,�al�j THENCE N 46 DEGREES 36' 00" E A DISTANCE OF 83.35 FEET; `s'�^i�29� THENCE N 51 DEGREES 00' 00" E A DISTANCE OF 8.39 FEET TO THE NORTI.-19 THE EXTENSION THEREOF OF LOTS 14 AND 15; l 10-29-1998 Loan No • • DEED OF TRUST Page 2 (Continued) T IENCE ALONG SAID NORTHERLY LOT LINES IN 89 DEGREES 13' 30" W A DISTANCE OF 389.36 F =ET; TiIENCE S 10 DEGREES 45' 04" E A DISTANCE OF 107.87 FEET MORE OR LESS TO THE POINT OF BEGINNING. ALSO KNOWN AS AMENDED PLAT OF LOT 2 OVERACKER SUBDIVISION EXEMPTION ACCORDING TO THE PLAT RECORDED DECEMBER 21, 1994 AS RECEPTION NO. 472395. COUNTY OF GARFIELD STATE OF COLORADO The Real Property or its address is commonly known as 0314 County Road 110, Glenwood Springs, CO 81601. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and ail Rents from the Property. In addition, Grantor grants Lender a Uniform Commercial Code security interest in the Rents and the Personal Property defined below. DEFINITIONS. The following won's shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of 1 i,st shall have the mea ngs attributed 10 such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts ii lawful money of the United States of America. Beneficiary. The word "Beneficiary" means U.S. BANK NATIONAL ASSOCIATION, its successors and assigns. U.S. BANK NATIONAL ASSOCIATION also is referred to as "Lender" in this Deed of Trust. Deed et Trust. The words "Deed of Trust" moan this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Grantor. The word "Grantor" means any and all persons and entities executing this Deed of Trust, including without limitation Gremel Holdin }s, LLC. Guarantor. The word "Gua 'or" means and includes without limitation any and all guarantors, sureties, and accommodation parties in connection with the Indebtedr Improvements. The word "Improvements" means and includes without limitation ali existing and future improvements, buildings, structures, mobile homes affixed on the Real Properly, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. The lien of this Deed of Trust shall not exceed at any one time $233,000.00. Lender. The word "Lender" means U.S. BANK NATIONAL ASSO( 1AT ON, its successors and assigns. Note. The word "Note" means the Note dated October 29, 1998, in the principal amount of $233,000.00 from Grantor to Lender, 1 tether with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust IF " }vember 1, 2003. Persor al Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned ,y Grantor, and now or hereafter attached or affixed to the Real Property; together wit 1 all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Conveyance and Grant" section. rielata a Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan green rots, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and do, iur,ents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Properi ,. Trustee. The word "Trustee" means the Public Trustee of Garfield County, Colorado. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TH, DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, or until Lender exercises its right to collect Rents as provided for in the Assignment of Rents form executed by Grantor in connection with the Property, Grantor may (a) remain in possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, etroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: Al D eibv.•eriod of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, dispos /•t • q ; 10-29-1998 Loan No DEED OF TRUST Page 3 (Continued) substance on, under, abou • from the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations id ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor authorizes Lender and its < nts to enter upon the Property to make such inspections and tests, at Grantor's expense. as Lender may deem appropriate to determine co,npliance of the Property with this section of the Deed of Trust. Any inspections or tests mr,ae by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or Liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or a)ntribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold h rrmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly s istain or suffer resulting 1: ism a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, sl.irago, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. rancor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender Io replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable tirnes to attend to Lender' interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly cornply with all laws, ordinances, and regulations, now or hereafter in effect, of alt governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor ,green neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section •vhich from the character and use of the Properly are reasonably necessary to protect and preserve the Properly. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Deed of bust upon the sale or transfer, without the Leader's prior vvritlon cr)nsont, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a turn greater than three (3) years,, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or 10 any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. if any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of Grantor. However, this option shalt not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law, TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. Payment. Grantor shall pay when due (and in all events prior 10 delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. It a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days atter Grantor has nonce of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bon• other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges tha . uld accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adv3rse judgement before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfac- evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at r time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Properly, if any mechanic's lien, materialmen's lien, or other hen could be asserted on account of the work, services, or materials and the cost exceeds 55,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the lull insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender ane issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from tir. 3 to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled c r diminished without at least thirty (30) days' prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property at any time become located in an area designated by the Director of the Fel eat E mergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the unpaid principal balance of the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as oth, rwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any Toss or damage to the Property if the estimated cost of repair or rep acement exceeds $1,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of ttGQp�er1l�y. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destro-r a re•v. ;_ in a manner satisfactory to Lender, Lender shall, upon satisfactory proof of such expenditure, pay or reimbur�l ntbrfry .Se s for the i�' rS®rsed ren ,onable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeedd� -rv, • J• . within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Propel'y� •� irZ1(� pay any amount owing to Lender under this peed of Trust, then to pay accrued interest, and the remainder, if any, shat be • I* i�,t(i_the 10-29-1998 DEED OF TRUST Page 4 Loan No (Continued) principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy (d) the property insured, the then current replacement value of such property, and the manner of determining that value; and (e) the expiation date of the policy. Grantor shall, upon re iuest of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. 11 Grantor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, lake any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any appl able insurance policy or (ii) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at thr N' e's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to ither rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to Lar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Der ri of Trust. Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple. free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject lo the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the Lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under This Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CC'NDEMNATION. The following provisions relating 10 condemnation proceedings are a part of this Deed of Trust. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shalt mean the award after payment of ail reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly lake such steps as may be necess..+y to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender s iah instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and lake whatever other action' is equested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as des( 5ed below, together with alt expenses incurred in recording, perfecting or continuing this Deee of Trust, including without limitation all t es, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall co part of the Indebtedness secu payments on the Indebtedner or the holder of the Note; am Grantor Subsequent Taxes. If any ta same effect as an Event of D( provided below unless Granto and Liers section and deposits SECURITY ! :REEMENT; FINANL of this Deed ' 1 rust. Security greement. This i• personal iperty, and Lender time. 'auto taxes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any by this Deed of Trust; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from ecured by this type of Deed of Trust; (c) a lax on this type of Deed of Trust chargeable against the Lender I) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the 111 (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as Ther (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. 'G STATEMENTS. The following provisions relating to this Deed of Trust as a secure', agreement are a part itrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other hall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to Security :rest. Upon req st by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to ur feet and continue .ender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real IYr arty records. Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproduction of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for alt expenses incurred in perfecting or continuing ' security interest. Upon default, Grantor shall assemble the Personal Property In a manner and at a place reasonably convenient Grantor and Lender and make it available to Lender within three (3) days after receipt of.written demand from Lender. Addresses The mailing addresses of Grantor (debtor) and Lender (secured party), from which info • ation concerning the security interest granted b, rais Deed of Trust may be obtained (each as required by the Uniform Commercial Code) 'ire as stated on the first page of this Deed of T. • , :t. FURTHER ASSL RANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust. Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executrei or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Deed of Trust, and the Rd Documents, and (b) the liens, and security interests created by this Deed of Trust as first and prior liens on the Property, whether igiZ7 da�r he,�reafter acquirerI h. Grantor. Unless prohibited by law or agreed to the contrary by Lender In writing, Grantor shall r buYigiet , Qr 1I is :uad uxa 'ir.uu incurrud in cunnocrion with Ili() nlittluls rulerred to in this paragraph.Q111yOoU/j(y i ff to Attorney -in -Fact. 11 Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for aOnddSrei(ifT �{}� h1Q Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact fo 8r07 16-29-1998 DEED OF TRUST Page 5 Loan No (Continued) purpose of making, execula . deiivenng, Mine , recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to ii the preceding paragraph. FULL PERFORMANCE. Trustee may, upon produ( tion of the Note duly cancelled, release this Deed of Trust, and such release shall constitute a release of the lion for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other r ,o eral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, it permitted by applicable law. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Deed of Trust: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default -1 Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchas, or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property r Borrower's or any Grantor's ability to repay the Loans or perform their respective oblige ions under this Deed of Trust or any of the Rata; 1 Documents. Cornelia e Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note i• ny of the Related Documents. Foist tements. Any warranty, representa on or statement made or furnished to Lender by or on behalf of Grantor under this Dk:ad of Trust, Note or the Related Documents is fr se or misleading in any material respect, either now or at the time made or furnished. Defectwc Collateralization, This Deect of Trust or any of the Related Documents ceases to be in full lorce and effect (includng fa lure of any collateral documents to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution (regardless of whether election to continue is made), any member withdraws from the limited liability ct npany, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the con imencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. :ommencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Properly. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety band for the claim ^ disfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indobtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guaran,]r dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment ur performance of the Indebtedness is impaired. tnsecur ity. Lender in good faith has reasonable cause to believe it is insecure or that its collateral is impaired. RIGHTS AND REMEDIES ON DEFAULT. Upoi the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the follov ing rights and remedies, in addition to any other rights or remedies provided by law: Ac elerate Indebtedness. Lender shall havthe right at its option without notice to Grantor to declare the entire Indebtedness immediately dc: ind payable, including any prepayment f analty which Grantor would be required to pay. Fc !closure. Lender shall have the right to cause all or any pari of the Real Property, and Personal Property, if Lender decides to proceed ac 1st it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against re, rroperty. The Trustee snali give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the fol •nng order; (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title ev ?rice; (b) to all sums secured by this Deed of Trust; and (c) the excess, it any, to the person or persons legally entitled to the excess. LA Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party ur, r Pi,: Uniform Commercial Code. Cr pct Rents. Lender shall have the rigla • thout notice to Grantor, to take possession of and manage the Property and collect the Rents, inc 11;.,I amounts past due and unpaid, d apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furs; •prance of this right, Lender may requir ny tenant or other user of the Property to snake payments of rent or use fees directly to Lender. If lb i Rents are collected by Lender, th! Grantor irrevocably designates Lender as Grantor's attorney• in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure r sale, and to collect the Bents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebt, iness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sul •prance, If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitle '0 possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the 'operty and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lendc'^ shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Sale of the Property. In exercisinc demand with the Trustee, that the Tr shall be entitled to bid at any public s of sale granted in this Deed of Trust entitled to use and apply all, or any p of the Property purchased. d, in si Deed of Trust shall be pre ted to 1 credited thereon as having on paid. s rights and remedies, Lender shall be free to designate on or before it files a notice of election and tee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender e on alt or any portion of the Property. Upon any sale of the Property, whether made under a power ,r pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shall be tion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price :h case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this e person conducting the sale in order that the amount of Indebtedness so used or applied may be Waiver; Election of Rem( 's. A waiver by any party of a breach of a piuvision of this Deed of Trust shall not constitute a waiver of or preju, :ice the party's rights arwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any r ,reedy provided in ea eed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other reme ly, and an election to ke expenditures or to take action to perform an obligation of Grantor undent rvigg Tf�� t after failure of Grantor to perform shall not a pct Lender's right to declare a default and to exercise any of its remedies. 13314 coo r�fvCl gs, LLC Attorneys' Fees; Expenses. if Lender forecloses or institutes any suit or action to enforce any oPt�l7Vtrpggd[3e Cfr1+IOLender shall be entitled to reeovr r such sum as the court may adjudge reasonable as attorneys' Zees at trial and on any a�APQ COr g1 5 ny 10-29-1998 Loan No DEED OF TRUST Page 6 (Continued) court ac„on is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcer ent of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rale from the date of expert( ure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lena 's attorneys' fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (includieg efforts to modify o ica'e any automatic stay or injunction), appeals and any anticipated post -judgment collection services, the cost of searching records, obteinine title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent perrnitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TF;JSTEE. The following provisions relating 10 the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trus; Obligate) is to Notify. Trustors shall not be obligated 10 notify any other party of a pending sale under any other trust deed or lien, or of any action or ;.roceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trust •c. Trustee shall nieut ell quahhcaroes required for Trustee under applicable law. In addition to the rights and remedies s4; 'Lee above, with respect to all or any part of th, Property, the Trustee shall have the right 10 foreclose by notice and sate, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and lo the full extent provided by applicable law. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telofacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's tddress, as shown near the beginning of this Deed of Trust. For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address. MISCELLI NEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amer dments. This Deed of Trust. together with any Related Documents, constitutes the entire understanding and agreement of the parties as to tile matters set forth in this Dead of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and seined by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used tor purposes other than Grantor's residence, Grantor shall furnish to Lender. upon request, a certified statement of net operati, e income received from the Properly during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income” shall mean all cash receipts from the Property less all cash expenditures made in connection with the etieration of the Property. Applicahi, Law. This Deed of Trust has been delivered to Lender and accepted by Lender In 'he State of Colorado. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Colorado. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not lo bo used to interpret or define the provisions of this Deed o' Trust. Merger. There shaft be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shit 1 be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modif 1, it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Assigns. eject to the limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the rnefit of the parties, their successors and assigns. If ownership of the Properly becomes vested in a person other than Grantor, Lender, • .thout notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebteciness. Time Is of the Essence. Tirne is of the essence in the performance of this Deed of Trust, Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision ,r any other provision. No prior waiver by Lender, nor any course of dealrnri between Lender and Grantor, shall constitute a waiver of any : Lender's rights or any of Grantor's obligations as to any future lransactir ns. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not const 'ute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: Gremel 1di By: �/, Cody CGt' , Manager Gremel Holdings, LLC `0314 County Road 110 Glenwood Springs, CO 81601 10-29-1( Loan N DEED OF TRUST Page 7 (Continued) STATE OF LIMITED LIABILITY COMPANY ACKNOWLED aMENT COUNTY OF IG74;1 '/ t' /0/ On this �-- day of OG � -__--- _ 19% cJ, before me, the undersigned Notary Public, p sonally appeared Cody Gremel, Manager, and known to mo to be a member or designated agent of the limited liability company that executed the Deed o1 Trust and acknowlc kj0d the Deed of Trust to be the free and voluntary act and deed oi the limited liability company, by authority of statute, its articles of organizatior. or its operating agreement, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deec al Trust and in fa t execu ediiho D -ed o1.Trust on behalf of the limited liability company. By _71/1-e. — _... Residing at __ ..- _. -_�_ 1.•�l , J � 7 Notary Public in and for the State of 75...._ " ' ` _My commission expires //- * !. ' c>> ) SS LASER PRO, la 1 LLS Par. d T.M OIL. Ver, 3 24c Ict 1998 CPI ProServices. Inc. A!I rights reserved. [CO-GOI E3.24 F3.24 849032.IN C2.OVL) 41.+r•-.0.'t4.4.ti...soor MARGARET R. JOY NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12,23/2000 Gremel Holdings, LLC 0314 County Road 110 Gier ,0edSprings, co aisol GARFIELD COUNTY Building and Planning Department March 26, 2001 Mr. Cody Gremel P.O. Box 3121 Glenwood Springs, CO 81602 Re: Gremel Variance Dear Cody, This letter is to inform you that your request for a variance will be heard before the Board of Adjustment at 7:00 p.m., on Monday, April 23rd, 2001, in the Garfield County Courthouse, Commissioners Hearing Room, Suite 301, 109 8th St. , Glenwood Springs. Meeting the public notice requirements for the public hearing shall be the sole responsibility, and at the expense, of the applicant and shall be given as follows: (1) Notice by publication shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. 2) Notice by mail shall be sent by certified return receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (A. 80-180) Enclosed with this letter is a public notice form provided in order for you to meet the above requirements. We suggest sending the notice earlier than the required five (5) days, to insure the return of the green return -receipt. Be advised that the date of the hearing itself can not be counted as a "prior day" to the hearing. If you have any questions please contact this office. Sincerely, Kit Lyon Senior Planner Phone: 945-82121 Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601 TAKE NOTICE that Cody Gremel has applied to the Board of Adjustment, Garfield County, State of Colorado, for a variance to encroach into the rear yard setback in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description: 0314 County Road 110, Glenwood Springs, CO 81601 The variance will allow a new residential apartment, to be located inside an existing metal building, to encroach about fifteen (15) feet into the required twenty-five (25) foot rear yard setback. All persons affected by the proposed variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variance. This variance application may be reviewed at the Planning Department Office 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. The public hearing for the variance request has been set for the 23rd day of April, 2001, at 7:00 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