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Home My WebLink About2.0 Staff Report BOCC 10.01.18Garfield County Board of County Commissioners Public Hearing Exhibits Amended Special Use Permit - Flat Tops Gateway ADU Substantial Mod ification October 1, 2018 (File SUAA-07-1 8-8665) Exhibit Letter {Numerical) Exhibit Description 1 Staff Re 2 Garfield Cou Land Use and Deve ent Code as amended 3 Garfield Cou Com rehensive Plan of 2030 4 lication 5 Staff Presentation 6 Public Hearin Notice lnformation Form & Attachments 7 o inal BOCC Resolution ution 2009-03 8 o inal ecial Use Permit Re No. 760989 9 o inal cial Use Permit lication Exce 10 BOCC Meetin Minutes Exce from December 1 2008 11 P ubl rc Com m e nt from J a net a nd Pa u T estwu id e dated 9t24t2 0 1 I 12 onse Letter from Chris and Corina Lind dated 912512018 13 Public Comment from Susan S dated 91261201 14 P U bt ic Comment from 7W G uest Ra n ch d ated 9t27 t2 0 1 15 Public Comment from T lor Woodward dated 1011/2018 16 Photos of site submitted Chris and Corina Lind 17 18 19 20 Exh ¡b¡t 1 BOCC rOl11.lt8 File SUAA-07-18-8665 CD PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Amended Special Use Permit - Substantial Modification APPLICANT Flat Tops Gateway, LLC Chris Lindley, Representative LOCATION 341-0 County Road 151- Gypsum, CO 81"637, on the eastern border of Garfield County approximately 12.5 miles northwest of the Town of Gypsum LOT SIZE 35.234 acres ZONING Rural (R) COMPREHENSIVE PLAN Residential Low (1-0+ ac/Du) RECOMMENDATION Approval with Conditions ,1. DESCRIPTION OF THE PROPOSAL The Applicant is requesting an amendment to a previously approved Special Use Permit for an Accessory Dwelling Unit. The Special Use Permit was approved on January 3, 2009 and memorialized under Resolution 2009-03. The ADU was previously owned by Burt Park Trail LLC' The Applicant is requesting to amend representations made within the application and stated at the hearing before the Board of County Commissioners. The original application restricts the use of the ADU to ten months per year for a snowmobiling guide. The County was made aware of this restriction after a neighbor's complaint over the ADU currently being used as a year-round vacation rental. The Applicant wishes to change this restriction so that the ADU may be used year-round. Although this condition is not explicitly stated within the Conditions of Approval, it was stated within the application and recorded in the hearing minutes. Therefore the Applicant is held to Condition l- in that "All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board". All water, wastewater, access and other pertinent issues were addressed in the original submittals of the approved Special Use Permit. .l¡. DESCRIPTION OFTHE SITE The site is currently developed with two single family dwelling units - a main house and the 1",070 square foot ADU. Both of these structures are accessed via a private driveway from County Road j-5 j-. The undeveloped areas of the parcel are forested with thick groves of aspen trees. Subject Parcel County Rd 151 EAGLE COUNTY GARFIELD COUNTY Gypsum Figure 7: Vicinity Mop Access Drive County Rd 151 Main House ADU 2 Figure 2: AeriqlView of Subject Porcel IMPROVEMENT LOCATION CERNFICATENOR]H PARCEL,7W RANCH &A PARCEL !ÎrHtN THE SE r/4 & SrY 1/4SECTON 21, TJS, R87W, 6IH P.M.GARFIELD COUNIY. COLORAOO|ì@ffiræFrE;:¡=årùrñrNô oÍarllll.*,Lt llF "ÉflÊ lrs-m "*¡uI ls Eh u "Figure 3: lmprovement Locotion Certificote ADU Main House , /:. Figure 4: Existing Structures Figure 5: Access Rood 3 III. AUTHORITY.APPTICABLEREGULATIONS Section 4-IOG of the Land Use and Development Code designates the request as a substantial modification and sets forth the Review Process by which the current Application is being considered. IV. PUBIIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. As o19/2412018 the Application had received one public comment from Janet and Paul Testwuide in objection to the Application (Exhibit L1). Because the Application is an amendment to a previously approved Special Use Permit and no changes to water, wastewater, access, etc. are proposed, it was referred only to the Garfield County Assistant Attorney who had no issues with the Application. V. STAFF ANATYSIS AND CRITERIA Because the Application is an amendment to a previously approved Special Use Permit and no changes to water, wastewater, access, etc. are proposed, submittal requirements as determined by the Director did not require duplicative information for a modification limited to a change to allow for year-round use. The following selected topics are addressed in this staff report in order to provide background and clarity on key topÌcs. Section 7-LO2: Conformance with Comprehensive Plan and compliance with lGAs The County Comprehensive Plan identifies the property as Resident¡al Low (1-0+ acres per dwelling unit). As the parcel is 35 acres, the addition on the ADU keeps density well within the Comprehensive Pla n designation. Section 7 -LO3: Compatibility The nature, scale and intensity of a 1-,070 square foot two-bedroom ADU on a 35 acre parcel is compatible with adjacent land uses. Due to neighbor complaints citing issues associated with vacation rental guests using the ADU however, a recommended condition of approval has been added restricting the number of people and vehicles associated with the ADU at any one time (See Condition 6). This restriction was also represented in the new Application by the Applicant. Section 7-LO4: Sufficient, Adequate, Legal and Physical Source of Water The main house and ADU on the parcel are served by an existing well. This well, Permit Number 278725, states that: "The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (l-)acre of home gardens and lawns". The residential uses on the parcelare in fullcompliance with legalwater requirements with no restrictions on year-round use. As the Special Use permit is already approved, the Applicant was not required to perform a pump test or water quality test on the well. 4 Section 7-105: Adequate CentralWater Distribution and Wastewater County records show the parcel as having an engineered wastewater treatment system (OWTS) for the ADU and main house. The existing permit shows the OWTS is adequate to serve the uses on the parcel and has no restrictions on year-round use. Section 7-LO6: Adequate Public Utilities The site is currently served with adequate public ut¡lities. There are no proposed changes to any easements or existing ut¡lities. Section 7-LO7: Access and Driveways As the Special Use permit is already approved, the Applicant was not required to demonstrate conformance to the roadway standards found in section 7-LO7 however a site visit generally confirmed consistency with required standards. Section 7-tO9= Fire Protection The subject property is identified as having a low wildland fire susceptibility according to the Garfield County Community Wildfire Protection Plan (CWPP) and therefore no significant wildfire hazard is anticipated. Section 7-3OZ Off- Street Parking and Loading Standards: The Applicant has demonstrated that adequate off-street parking exists for the ADU and a site visit confirmed. Section 7 -3O4 Lighting: The existing Special Use Permit does have a condition minimizing the impact of lighting associated.with the ADU and this condition will be carried forward with the modification. Art¡cle 7, Division 701, Accessory Dwelling Unit Section 7-7OL.A Maximum Floor Area: Any modifications/additions to the ADU will not allow the structure to exceed the maximum of 1-,500 square feet as originally designated in the Special Use Permit. Section 7-70t.8. Ownership Restriction: The Applicant understands that the ADU is restricted to leasehold interests and may be used for residential purposes only. Section 7-7Ot.C. Compliance with Building Code: The Applicant has represented that the ADU will comply with all building codes Section 7-70t.D. Minimum Lot Area: The Applicant has 35.234 acres and more than satisfies the 2 acres minimum lot size requirement in the Rural zone district. 5 Vi, iiiljt,iltilj i{1::i,i!jil )ji:: r,r"l i\ir Ì:),1 ;r¡ir:; ,1..,j:lí¡ , 1.t. l, jtll:ltl..i:ir.i;.: Section 7-7OL.E. Entrance to Dwelling Unit: The ADU complies with this standard. Staff recommends a finding that the Substantial Modification of the Special Use Permit for the Flat Tops Gateway Accessory Dwelling Unit is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code as amended and is recommended for Approval by the Board of County Commissioners subject to the following conditions of approval: Suggested Findings L. That proper public notice was provided as required for the Director's Decision 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That for the above stated and other reasons, the proposed modification to representations within the original application is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Recommended Condition Prior to lssuance of Permit 1,. The applicant shall provide any concerned neighbors with a reliable point of contact by which concerns/issues associated with the use of the ADU can be aired and dealt with. A copy of this contact information to be dispersed to neighbors shall be provided to the County prior to issuance of the substantial modification. Recommended Conditions of Approval L. All representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 6 3. The applicant shall obtain any applicable Garfield County building permits, grading permits and access permits, including approval for a septic permit which can accommodate the accessory dwelling unit prior to the issuance of the Building Permit. 4. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet 5. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 6. Use of the ADU shall be restricted to no more than five (5)individuals and two (2)vehicles at any given time. 7. The use of the ADU shall be allowed year-round. 7 F Exh¡b¡t 6 PUBTIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the not¡ce that was conducted foryour public hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed not¡ce to adjacent property owners and mineral ownefs. Mailed notice was completed on the - day of 20_. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder/s office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means flist] El My application requlred Publlshed notice. Notice was published on the __.-- day of 2A . Please attach proof of publication in i J tr My applicatlon required Posting of Noîire. Notice was posted on the --- daY of Not¡ce was posted so that at least one sign faced each adjacent road right of way generally used by the publíc. I tertlfy that the above information is true and accurate. Name: S¡gnature Date: {--t- + -N Please attãch proof of certified, return receipt requested mailed notice. 20*. Guffield County @€€€JJJ-!Ê.{EC¡FÞmñ EÉIÞcrc¡oc¡a ooø€mfnm ffl f! f! r{ .jltr¡ ctr!r - -æ i= úd 3. 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Po8tsl Sstvlce'' CERTIFIEO MAIL" FECEIPT (),":' f,,¿/., îct'.ì< eçttL Ë.,\L (6 gr6tl wt'}. t Jo èu¡ lvq.l',*i/ frr'r} 6l,nr*J ,^ ''lJ (a tlllz 1'lç fililrrthtilr,lllllll'tR.B.rt,¡ont.' 78iÐtò0lr0t7¡tait 0tt56!il FttI ct 3 ñco fa¡:ôc.co Doo lù1 hillt'tlhHryi!þ{fl,&t ll lll Jatn n¡b.rtooft¡¡0.eC omFlÊLD Cotilty c0 STATEOTCOLORÁDO ) )¡¡ County of Garficld ) At aregrlu mocting of ùe Boud of Coun-ty Commissioner¡ for Garficld County, Colorado, hctrtintheCoñmisslgn*siMcetíngRoom, Garfietd County Courthor¡se, in Glenwood Springson' Monda¡ thc lst day ofDoccnbø A.D. 2008, iherc werè PrÊuÊnt; Commissfoner Chairman ï¡r+rr M¡Fnwn Comudssioner Commlsg'roner Arsi$anr CouniY.AttomeY Clc¡k of lhe Boald CormtyManaguEd Çreg¡ {Abûçm) , ' when the follorring procccdingr, arrong others werc håd and donc, to-wit; RESOLUTION NO. 2009- ¿'? A RESOLUîTON CONCERI{ED WITH TIID APPROVAI' OT A SfECIAL USE PERIâIT rOR AN ACCESSORY DWELLING IJNIT rOR A rROPÞRTy olryNEIl By BUnNI PÁnX TRÄIL LLC' GAnFTELD COITNTY PARCEL# l86t-?H-00-lt7 , Reç$als l. Thc Boanl of Coung Com¡nlssionc¡s of Garfield County, Color_ado ('Board")r ha¡ receivcd rnappltcafiónftom BurntPükTiâilIJÆ foraspêcialUsåPcÍrrit ("SuP') to allow an ecðcssory Dwolling U¡it on their popctty within the ARRD (Agrícultt¡râl Residential Rr¡râl Dmsity) zone dístict; and, Z. I¡c tsoud heltt a publtc hearing on the I st day of Dcoembar, 2008, upon the guestioa of whdher fho abovc dcscriboal SUP should bo gafied or dsniod, at whích hearing tho publio ond htercsüed persons wcro givon the opportunity to cr(prcss thcir oplníons -concarning tho approvnl of said rpcclal usep*mit; and, 3. Tho Board on the ba¡ls of substantial compËtcnl cvldence poducod at the asremontioned hcuing, has made the foltowfutg dctemlnalion of fopt as lístcd bolow: A. That proper public notice was providrd æ requíred for the hcartng bcfore thc Boa¡d of ÇountY Cornmissioners' B. Thal tfie heuing befo¡e tho Boa¡rl of County Comnis¡ioners rãt cxtensíve ånd I Exh ¡b¡t 7 Iròri 'D¿borabÕtttntL - -, -" ,. c*Ç .3 tlll ilrrüiläîI ilr$l{tll&hlff [Tf HrlfilþlrllÍ,}tl ll tll R.c.Þtlon[3 ?O09EB6lr0ú72lt0t ó4r10,21 Þl'l Jiln ålb.rtoot ô¡-à-Þ¡ã r¡¡iaò.0o 0æ F¡¡¡0.0e omI¡LD GolJNlY co complctc, that stl perdnË'llt facts, mattcrs and issues were submítt€d md tlþt âll . interested partles werc heurd at thrt ße€tlng, C Tbat for ùs above suted anú otber r€a:ìon$, the proposed Special Use Pe¡mit is in tho be¡t inþ¡pst ofths hcaltlr, safety, convenierico, otdor, prosperity and welf¡¡e ofthc citiz,Pns of Garffold Coutþ. D. Thar the appücarlon i¡ i¡ conformance with the Garfield County Zoning Resolufion of 1978, ¡s amendeil. Resolutipn NOW TIIERErORE, BEIT RESOLVED by tho Boud of County Con¡nissione¡s ofcarfield County; Colorado, tlrat Spccial Uso Permit for an Àæ'essory Dwelling Unit for a proPcrly ownrd by Br¡¡rt Park T¡ail LIÆ shnll be approved subjcot to compliance with all of the fotlowing rp eclfic condÍtío¡s : l. rlll rcpreeontotíons oftlro applioanf elther withinlhe opplioniion or stûtðd otùo hoorfng beforo the Bor¡d of Coung Oommissloners, shall be considcred conditions of approval unless othcnryise modil¡€d by the Boartl' 2. Atl lighltlg associated with tho ADU shall be lhe ¡ninÍmum ¡mount necessary. All artcrior lighüng shall be sbislded toprevent ligbttcspass on any adjoinlngpropertyaod bc dorvnward facing towards lho sfi¡cturc' 3, The applicant shall obùain any applicable Carfield County building pcrmlts, gading pêr¡nits and access pennlts, inoluding approval for a septic pcrmit wbjch can acoommodate tho acccssory dwelting unit prior to tbo issuance of Building Pemlr 4, The gross floor area of lhc aôcçisory dwellíng unll ¡hall not excecd 1,500 squarc feet. 5, Tte aooeisofy ilwelling r¡nit sh¿lt not be conveyod as a separate interest but may be leås€d. dayof ...." A.D, 20 ".2,?--.". BOARD OF GARFELDCOUNTY, Clo¡k oftbe 2 # tÐ llll ilrrHll0f LHlr'lïl,l"lll'A5fill lttflFhlflTl ll lll f,¡aa¡llont; ?609ó8 Sffrg'Ê8l F!å?tô?¡r'd*'F:1,61åt'tffi."to co,r!¡w co Upon motion duþ made and ¡ccondcd thc foregoing Resolution was adopied by the followlng vole: ÊOIíIr#SSIONÞLCI{¡a"IRJ0IINF MARJIN.. * . - -'Ave are colrnnssrotBRlRËStHotPT..- .. ,. - ,'AVe STATEOFCOLORTTIDO ) County of C'arfield )ss ) at Glenwood Sprinp, this - day of . - . - A'D. 2009 ' County Clerk and øt-officio Clerk ofthe Boaril of County Cora¡nlssioners l, - , . - , Çourty Cløk and ¿x-offrcio Clerk of ths Board of Corrnty Commiisio¡erg, in and for the County anil $talc aforesaid, do bcreby c4rr¡ryúat the anno<ed aud foicgolngR¿solutionistrutycopíed from theRecords ofthe Proc¡ediug oftheBoard ofCount/ Commisiiouers for said Oarfield Cou¡rg, now in my ofÏìoe, IN lVITNESS WHBREOF, I b¿ve he¡eunto sel my hand ard affrxod the seal of said Coung' 3 IT tnliltrllfiFf llllr¡ltllllt',1]dlil'lþlf lü'îhl/¡h[llllI Rca.Ötlonfl: ?608ô9et/e¡72009 5¿l¡â0¡21 Pñ J.åñ îlþ.¡lôoI ot 2 R6 F!r:te.€O Írou Fêe!0.0O CnR¡IELD ColJìlW CO SPECIAL USE PERTYTIT ßurnt Park Trail, LLC 3410 CowntY Roød I5l, GÅRFIELD COANTY Parcet Numben #1863'2 I 4-00-I I 7 ln accordonsc wlth a¡d purwant to tbo provisíons of the ouüeld coun9-" ñiog nutotuttoo oi I gzg, rs rmeuded md Rcsolutio¡ No' 2A09' ë I ofrf,o Ëo*¿ of Couaty Comml¡sion*¡ of Garfiotd County, gats of Colãra¿-o, ftrtuty authorízcs, by Spcclal Uee Pormit, tho following aotlvlty: Accessory DweIIíng Unít Tbe Special Usc Pcrmit is lssued subject to thc oondilions sot folh ln thc abovçmontìoned Exh¡bit 8 for rrsolulion,and shall be valid onlY durtng compllanco wlth such condifions a¡d other applicablc provlrlons oftbeOarûeld CoutttY Zonlng Rosolution'Subdivi¡íon Regulatíonr, Buildlng other rogulations of thc Board of County Com¡nls¡ioncrs of Gerficld BOARDOF CARFTELD of thc Board åfl 4tr c¡9 Ë lllllllþf fi FlLuJt¡lilllitlu|lültJlr{ir[T|ll*,1lilrllllficoaDilohs: ?äCFoÕ lti?"ltü"n P!¿?3¿oåoÍf.,op¡!,tl$ å[F ¡no co{,Nry co EX}IIBIT A SPECIAL USE PBRMIT - ACCESSORY DWELLING TINIT Bumt Pa¡k Trái¡ LLC - 3410 County Road I 5l , G¡pzum Parcel # r863-2u-00-l I7 1. AI rqrrorenlations of ttrc ap¡ilicant, çilher within ths appllcation or stated at lhe hcuing before tho Boud of County Csmmi¡sio¡ers, shall bc considered condltlons of çproval unless othenrisc modiliod þ tho Boa¡d, 2. All lighling æsooiatsd wíth tie ADU shnll bo the ¡nÍnlmun amount n€deßBåry. All orterlor ligblülg sball bê ¡ltlelded þ prÊvent lígbt treepars on'any adjoining propaty and bc downwa¡d facingtor¡rards the sur¡ctwo. 3. Tl¡e applicrnt shall obhl¡¡ uny applicable Oarficld Oounty br¡tldlng permils, Erâding pcrnits and aoccss permits, including approval for a se¡ic permit which oan sccommodgts tlrc acæssory dwelling urlf prlor lo tle iesuanco, of BuildingPermil' 4. .The gmss floor uea of tbe accessory dwollíng unit shall not erxæed 1,500 square fect. 5. The acc€ssory dwelllng urit ¡hall not bc oonvoyed as a separåte lntcrcst but may bc lea¡ed, Exhib¡t 9 MOUNTAIN CON9ÍRUGNON E MÃÑA6FM ÈÑr COUTAI.IY LLC 12995 Sheridan Bouleva¡d, Suits 202, Broomfield, CO t0020 Phr 303'460'4651 F\: 303465'6112 Sneclal Uso3çouest The followíag is a description ofthe special use permit for Burnt Pæk Trail LLC: We are requesting to finish the upper level of our bam into living space for a snowmobilt guti.. Usage of tiris space wilt be for approximately l0 weeks per y€ar in the wintor months. Vehicle ac.e-rr to the siie witl be trn'ice pãi week while on site providing snowmobile guidance servíces. The conversion of the 1069.8 sf of storage in ttre upper level of the barn to livíng spaco inoludes adding two (2) bedrooms with attached bathrooms and one open spase for tiving and cooking. No cÈanges ìo the exterior will ocour. Eleotrical and water service is already provided to the structure. Sewer will be provided thtough the septÍc systom (see separate letter ftom LKP Engineering). Sincerely, Robert B. Thomas, Manager Mountain Construotion & Management Co.' LLC TT/bd Exh¡b¡t 10 Davjd pcsnichak and Debbic Qurnn wcrc prescnt. On Monday, Deccmbcr t7,2007, thc Board of Cuunty Conrmissio¡ers approved the Preliniuary Plan Application for the Eagle fudge Towuhornes Subdivisiou. This approval cntailed subdivìding rhe ?.3 ì 5-acre propcrty lreûr Colo¡ado Mountain Collcgc and described as Lot I , ¡ìiing I of the Los Amigos Ranch PUD, into 48 residential multi-farrily townhome lots with condititxrs. This appro*val provìded the Applicant, Hayden Rader, 1 year to file a final plat app)ication to Carñeld County which will expire on December 17, 2008. REQUES'f The property owner requests the Board grant a l-year exlension to file the Final Plat which would expire on Dcccmber 17, 2008. (Sec thc letter ¿tlachcd to this mcrro fioln thc Applicant's reprcscntativc,) STAFF RECOMMENDATION As the Board is aware, there are no speciflc standards or criteria to judge this request with lhe exception ofthe codc language listc¡l above and thal this dccision is solcly at the discrction of lltc Board. Staff rccommends since the'req-uest was proposed prior to the initial l-year deadline expired; the Board granted a l-year extension to the propctty owncr to file fhc Final Plal prior to Decctnbc¡ 17,2009- A motìon-wai rnude by Commissioner McCown and seconded by Chairman Martin who stepped down as Chair to approve thc requcst lor an cxtcnsion of tbe prclirninary plan approval for the Eagle Ridgc Invcstlnc¡'¡t Holúings, LLC. until Decemb er 17,2009.1r favor: McCown - aye Marfin - aye Houpt - ¿bsent CONSiDER A Rf,FERRAL TO THÉ PLANNINc coMMISSIoN FoR A SPECIÄL UStr PERMIT FOR A \ryATER TR.EATMENT PLANT IN THE RESOURCE LANDS ZÆNE DIS'I'RICT- AppLtcANT: ALTELA, lNC. ON BEHALF OF LAR.A,MIE ENERGY Il, LLC-DUSTY DUNBAR Dusly Dunbar and Dcbbic Quìnn wcrc present. Thc applicant proposcs an inslallation ofa srnall demonslration wateitrearrnentplantthaturilizespatentedAltelaRainsystsmtolreal/purifuproducedwater. Thesystemwill bciustallcdimmcdiatclyadjacenttothccxistingLaramicEncrgywell20-l2,justoffthcwellpâd. Oncdaily tlip is required to service the site; it is ¿utomated and operates 24 hours per day' sraff Rccomnlcndation: Stafffinds that becðuse lhis usc type on the parcel is relatively unchanged as well as bccausc the project is limited in its compìexity that it is appropriate to recommend thal the Boârd direct staffto schedule a public hearing lor the Boatd alrd not refer the matter to the plattnitg commissiort, A mottn was made by Commissioner McCown and seconded by Chaiman Mafin who stepped down as Chair That staffbc allowed to sct this bcforc llrc Board of Counly Comtnissioners. ln fâvor: Mcco\trn - aye Martin aye Houpt'- absent CONSIDER A R¡,QUEST FOR A SPECTAL USE PERMIT TO PERMIT AN ACCESSORY DWELLINC UNIT IN THE ARRD ZONE DISTRICT- ÂPPLIC,{NTS' BURNT PARK TRÂIL' LLC R¡]PRESENTED BY JOHN DUNN' ESQ' - DUSTY DUNBÂR Dusty Dunbar, Debbie Quinn, Robert B. Thomas, Gcneral conlråctol ¿nd John Dunn, Esq. wefe plesent. Dcbbic revicwcd the noticing requircmcnts for thc public hcaring and dctcrmired they wcrc timcly and ¿ccurale, She advised the tsoa|d thcy wcre entitled to proceed. Chairman Martin swore in the speakers. Dust¡ the planner submirted the following exhibits: Exhibit A -Mail Receipts; Exhibit B - Proof of Publication; Exhiiir C - Garfreld County Zoning Regulations of 1978 as arnended; Exhibit D - Applicatio!ì; Exhibit E - Staff memorandum; Exhibit F - Memo via +mail from Vegetåtion Manger Steve Anthony, dated November 17, 2008. Chairman Mafin entered Exhibits A * F into tbe record, The applicant requests the Board ofCounty Commissioners grant a Special Use Permit for an accessory dwellingunitlocãtetlon a35.234-aereparcel intheSweetwaterdrainageontheeastembotderofGarfield County,northwestofGypsum.'IìteproposedADUistobethetopfloor(l0T0squarefeet)of¿newfree standingunitthatservesasagarage/shop. Thebuildingisforprivateuse. TheADt)issituateddcwnthehill about200yar.dsfìorntheprincipal3dwellingunit, AccessfortheADUwilìbeprovidedbyadrivewaythat attachestorheexìsringaccessfortlreprincipaldwelling. TheaccessdrivewaymeetsCounlylì'oad151A, wlrich merges with County Road I5 I , eventually to the Sweelwater Roâd connecting fo Colorado Highway I3' SLaff Reconìmendation : L All representations ofthe applicant, either u,ithin the application or staled at the hea¡ing before the Bcard ofCounty Commissioncrs, shaìl be considered condilions ofapproval unless othetvise modified by the Board. 2. All lighting associated Vrith lhe ADU shall be the minimum afilount necessary, All exterior lighting shall be shielded to prevent light trespass on any adjoining propedy and be downward facing towards llre structure. 3. The applìcant shall obrain any applicable Garfield County building permits, gruding permits and accesi permits, including approval for a septic perrnit which can accotnmodate lhe accessory dwelling unil prÌor to the issuânce of tsuilding Petmit 4. The grois floor areas ofthe accessory dwelling unit shall not exceed 1,500 square feet. 5. The accessory dwelling unit shall not be conveyed as a sepBrale interest, bul may be leåsed. Applìcant: John Dunn asked that Robert Thomas, general contractor be put under oath Chairman MaIlin swore in Robert Thomas. John Ilunn said the applicant adopts the report ofstaffin support oflhís applicalion; we accepf all ofthe conditions which staffhas recommended for approval and ask that the Board approvc in acco¡dance with lhe staffs r€commendation. Colnnlissioner McCown - ft rvould appear that this ADU is for a snownlobile guide as far as a ¡esidence fol.that indir,iduaì. John Dunn, thc attomey and general tnanager fof the ûpplicânl, but not the orvner of the l,l-C. My clicnt is the owner.'lhe proposed use olthis property is sinrply b.v the oMrer. my client, who is very much into snorvmobiling and wants the opportuniry to be able to snowmobile at lhis lôcålion. [ìe is not a guidè and there wili absolutely be no co¡nrnercial artivity involved with respect to this rrse. Public cornment: paul Testwuitle and Bert Parks' neighbor on the southern border. l hey've been doing a lot of construction lhis summer and they are good ¡eighbors. My contention is several folds: this is ¿ recreatjonal area up there; our bome is mainly used for recrealio¡r. And, when we purchased the property we thought others would confom to s64 thc same rcgulations as the othcr noighbom that ¡rc consistcnt witb 35 acrc purccls. I undcrs[and whcn you add auother unit, you add people, you add inftåstructure, you add rnore nseds, more use, you use more water and quitc liankly whcn thc historical uscrs pool was sct up in Grccn Mountain they specifically said all thesc l¿nds are to be used as one dwelling unit u¡rd lhe rmount ofwatcr thrt it would takc to usc onc dwclling unit. So, with tt lctsf 40 morc propqfica thot arc for salc right now iu tlrc Cypsunr vallcy thcrc's gùirrg tú bé ¿ lr,t ùfthêsc rcquests I would assume aud a lot nore needs; and to set a precedeut 1o add ADU's doubling the size ofthe use of all those propefi¡es I think is a slippery slope. Also, I think you're awate that a¡l the water that's used in the wholc Swectwatcr vallcy is ovcr appropriatcd. Thcrc are morc pcoplc wanting to use morc walcr than there is water. In fact, ìn regard to youl client John, we \ryrote you â letter; he had put â pipe in the Riland Creek to do his irrigation this summer which was totally illcgal and askcd no one for any hclp. If thcywantcd to usc thc water for concrete, ifthey had asketl us rve wouìd have said certainly, but to go in the dead ofnight and put things in, I gct a lìttlc suspect ovcr cxccss wateruse. My main concem is thc proljfcrstion ofusc ofcxisting rules and regulations that will lead to over use ofthe infr¿structure of that valley, which is already being taxed so I would ccrtainly urge both ofyou to consider thc futurc and consider thc ncighbors and votc against this proposal. John Durlu rcsponded and said he unde¡stauds what Mr. Testwoide was saying and williug to subnrit to hi¡n and to the Board lhat this particular neighbor is going to have the same concem and that being his use of his propely is goilg 1o be cornpamtivcly limitcd. lt is now and we have applied for the secondary use, The owner by the name of Bob Levine, the owner ofthe LLC spends time in Colorado in the winter end does not spend ti¡r€ in Colorado in the summer, He is very rnuclì inlo snowmobiling these days and l¡e wanted a place close to the flattops where he rould do snowmobiling. Tbere's no commercjal actìvìty here, he certainly bas guests ftom lirne to time thâtjoin he and his family but overall the impâct ofLevine's use on this property is going to bc cornparatìvcly small. I will ask Bart Thomas, the contractor who pul the pipe in the creek to respond to that. When we found out ¿boul that, we got it out and have assured Mr. Teslwuide ¿nd bis attorney that there will no water taken out ofthe creek. ìlVc h¿vc a well permit and that will supply a suffrcient amount ofwater for hisuse. RobertThomas-lnourlandscapingplân,webroughtT0tl'€esearlyonandwewererealizingthåtâ couple oftrees were drying out and didn't think to ask and we quickly decidcd to pull watcr out of thc crcck. We had them inigating for about 6 - 7 weeks as we moved them on the property, They are cunently being watered by that well system for the nexl two years, John Dunn said in conclusion, again, I agree with Mr, Testwuide snd it does scem to me thal the comments he has made would have more to do with consideralion by the County ofsome rezoning ofthat general area but not 10 be somelhing that could be directed ¡n this particular application, The County stalïhas advised you that thc åpplication bere is in order and it is in iull compliance with thô requirements ofGarfield County and there really is no basis presented to you to deny lhe application and we ask you to approve it. A motion was made by Commissioner McCown and seconded by Chairrnan Martin who stepped down as ChaÍr to close the public hearing. ln favor': McCown - aye Mañin - aye Houpt - absent A motion was made by Commissionel McCown and seconded by Chairman Martin who stepped down as Chair to approve with the 5 conditions as r-ecomruended by staff. Chaiman Marlin slated the County has very little to do with 35 acre subdivisions; ít is zoned tluough comprehensive planning. hl favor: McCown - aye Martin - aye Houpt - absent CONSIDER Â PRELIMINARY PLAN REQUEST FOR THE QI]EEN SUBDIVISION _ APPLICANTS; DARYL Â¡¡D KATHY QUtr,EN. FRED JARMAN Fred Jarman, Daryl and Kathy Queen and Debbíe Quinn wer€ present. Debbie ¡eviewed the noticing requircments lor the public hearing and determined thêy were tinìely ånd åccural€. She advised the Board they were entitled to ploceed. Chairman Martin swore iÍ the speakers. Planner submrtted the following exhibits: Exhibit A =Moil Receipts; Exhibil B - ProofofPublication; Exlibir C - Garfield County Zoning Regulations of I 978 as arnended; Exhibit D - Carfield County Subdivision Regulationoll9S4,asamended;ExhibitE GarlieldCountyComprehensivePlanof2000;ExhibitF- Application; Exhibit G - Staffmemorandum; Exhibit H - Letter fro¡¡ Glenwood Springs Rural Fire Protection District, dâted Augusl 16, 2007; Exhibit I - E-mail from Jim Rada, Environmental Health Marger, GârCo, dated August 2, 2007; Extlibit J - Opinioí letler from Colorado Division of Water Resources, dâted Jùly 27, 2007; Exhibit K - Letter from Colorado Geological Suruey, dated July 29,2004; Exhìbit L - Lettor of opposilion from Ken Beckwith, 0889 Van Dorn Road, dôted August 13,2A07; Exhibit M - Well permit #6ó061-F; Ex¡ibit N - Off Site Basin l)rainage Map prepared by Zancanel'la & Assoc. and Exhibit O * Minutes from the Planning Commission hearing on Septembe¡ 12,2A07. Chairman Manin enlcrcd Exhibits A - O into the record, Plamer Fred Jarman explained: The applicants âre proposing to subdivide a 4.64 acre parcel into two (2) single- femily lots. Tlìe subject propely is located offofV¿n Dorn Road which is just offofCounty Road I I 7 (Four Mile Creek Road) in the Cheyln Acres Subdivision. Currently, the property is irnproved wìth ø single-faririly residence, shop building, well, and a garden area all accessed via a gravel driveway from Ven Dom Road. 'Ihc subject property is situated in what is known as "Cheyln Acres Subdivision". Cheyln Acres is not a recorded subdivision. The subject property wås created and described by a meets and bound description. The Final Plal submittcd shall dcpict thc proposed devcloprncnt as Lots | & 2 ofthc Quccn Subdivision. PLANNING COMMISSION RECOMMENDATION On Septcmbcr 12,2007, the Planning Commission unanimously rccommendcd ths Board Õl County Commissioners approve the Queen Subdivision Preliminary Plan with the following conditions: l) That all rcprcsentations made by the Applicant in thc application, and at the public hcaring bcforc thc Board ofCounty Comrnissioners and Planning Commission, shall be conditions ofapproval, unless specifically altered by the Board ofCounty Commíssioners. 2) The Applicant shall include the following plat notes on the final plal: u. One (l) dog t+ill be ullot'ed.fetr each residantidl unit atd tho dog shall bc rcquírcd to be cortfued wilhin lhe owner's propet'ût boundaries,h No open henrth solid-fuel freplsces u'ìll be allou'ed anlu,here wiÍhil the subdít,isíon, One (l) nev, solid-jrel burning stove as defied ô-¡, C,rÌ..L 25-7-401, el. seu,., and the regulations promulgnled thereunder, wilt be allowed in ary dwell'ûg uuì|. All dwellittg units u,ill he allowed an unrestrìcted number of natural gas burning stotes and 56.5 Exh ¡b¡t 11 TO: From:lanet Testwuide John Marl¡n; Tonì Jankovsky; Mike Sanlson; vmercer(ôgarfield.counW.com; Claire Dalby Lindley ADU appl¡cation (SUAA 07-18 8665) Monday, September 24, 20LB 4:19:16 PM Subject: Date: To all concelned, We (Janet and Paul Testwuide) would like to make known our extreme objection to modify the existing special use permit to allow year round use. We have been o'tvners contiguous to this property for 18 years. The previous ownel's were never heard, never seen and ralely in residence. In the last few months, the new owne¡ship has been a constant source ofissues that affect evetyone's ability to enjoy the peace and safety we feel rve rightly deselve. The Lindley's have turned theil entire propelty into a series of airbnb offelings. The pl'opetty is on the Internet daily, subìecting our area to any and all. The property as it is now listed could have 8 cars possible with 4 more possible rvith this approval. With nightly changeovet's u'e al'e at the mercy of a constant stream of people who are not familial with the roads (rve had a death just last summel' from a driver rvho was not accustom to dirt road driving). The Lindley's words have been, "kiss your peace and quiet good-bye because we're changing it up!" Aftel they get this appror,al, they plan to build platform tents( l0 was the number mentioned) and bring yoga, Seal-fìt type camps to their propelty. We realize that is not up for review at this tirne but u'e leel it important to disclose how they vision using this propefty. The fact that their is NO onsite caretaker or management is probably the nost unsettling. If they wele to be granted the SUP as a caretakels unit with a yeally lease required, and verified, we rvould be thrilled. The ploperty has very sophisticated genel'ators, propane tanks and is not something that can be dealt with from 45 minutes arryay. The original cost of this propel'ty was over 5 million. Obviously this is not a "notmal cabin". The safety issues are that people are using the Lindley atvs, ol'bringing their own (in the wintel'it will be snowmobiles) and not adhering to property boundaries, safe speed limits and there is NO ONE to contact and no one to be accountable. Ovel Labor Day weekend, there was a l'ampant vehicle (Razor type with 4 passengers) that was bombing up and down the road at 60+ mph. They blew my son and daughter-in-law off the road and could easily have run over theil dogs. They tlespassed into every meadow that wasn't fenced and onto the 7W Ranch. The plumes of dust were 60 ft in the air. Chris Lindley was in Eulope. Calling the DOW, the sheriff, etc. doesn't rvork for us. It takes a vety long time to get a cooldinated response between Garfield and Eagle counties. Any accident, burglary, death, fire are all very slorv response times at best, because ofthe distance and logistics involved. We have alu'ays felt very saf-e in oul homes. We know most of the vehicles going up and down our roads or rve knorv the people rvho venture up our way have a respect and understanding fol the area. Now we have strangers frorn all over the countly dliving alound, lost, asking for directions, trying to open gates,checking out our places, fishing in our ponds, rvalking thru our properties and rve have no idea who they are. It's vely discomforting and overall stressful to have to deal with this. We f'eel the need for locks on oul'gates, locking our homes and cabins, putting up camerâs and in general all the things that rve leave the city for'. Ailbnb and Vrbo have decirnated the employee housing in Eagle county. I'm sure it has had a similal effect in Garfield Co. There is a time and place for it and the idea is wondelful. The actuality of what it does to neighborhoods and the comrnunity at large is a much bigger issue. No one cares for your place like YOU! People feel entitled if they're paying! And as always the accountability issue. This is not like renting a room or a house in downtown Glenwood Springs ol At on. Where police, fire, ambulance can be on site in minutes. I can categorically say that everyone of our neighbors completely concur with the essence of this letter. There at'e so few places left that are tluly remote. We ARE TRULY PASSIONATE about the birds, the wildlife, the water, the fish, the freedom and the PEACE, AND QUIET. Please just say no and let us keep it that rvayl Thanks so much for listening to an old lady (who can still ski!) rant! Sent fiom my iPad September 25,2418 Exh ¡b¡t L2 To the file (SUAA A748 8665) We appreciate the concerns voiced by our neighbors, Paul and Janet Testwuide, in their letter dated September 24,2A18. We certainly share their passion for this beautiful section of Garfield County. As you can see from our application, we have worked hard to mitigate any impacts lo surrounding propeÍies. However, we feel compelled to specifically respond to several inaccurate and misinformed statements in the Testwuide's letter. The most alarming is their allegation that on Labor Day weekend while we were allegedly in Europe a guest of ours almost ran his family off the road in a Razor. Chris was actually on the property the entire weekend with two buddies, Jeff Shroll and Bryan Treu (Eagle County Manager and Eagle County Attorney). Both would be happy to contact Garfield County if needed. We stayed on the the property the entire weekend from Friday evening and left the property for the first time on Monday night at 1OPM. We were there bowhunting all weekend. We did have guests at the main house, however they never left the property and we don't have any ATV's or Razors. The guests are also happy to share this information with the Commissioners. The 4 passenger Razor we have all seen in the area is that of Mark Whilhelm who is the owner of the 7W ranch, and who had guests over Labor Day weekend. With the exception of our Polis work vehicle, with a top speed of 10-15 MPH, we have never used an ATV on the property or in the area. We do have a full{ime caretaker, and have since April. Both live in Sweetwater, less than 5 minutes away from the property. Either Chris Vincent and or Ryan Suprise visit the prope(y everyday of the week. Chris can be reached at 970-306-1997 and Ryan at 97A-4Ai.4516. Their address is 0348 Sweetwater Road, Gypsum CO 81637. We have never said anything about anyone's peace and quiet. We certainly have never said that our neighbors should "kiss their peâce and quiet goodbye." Attributing such a quote to Chris is both irresponsible and misleading. We have tried to have great relationships with each and every one of our neighbors. When we first heard of Paul and Janet's complaint to the County, Chris immediately reached out to them in an effort to mitigate any of their concerns. We can provide documentation of this as well. Unfortunately Paulwas not interested in discussing anything with us and just told Chris that it would be up the the County to decide. Lastly, as you are making factual corrections to the letter submitted by Testwuides, the vision we have for the property one day would be to host wounded veteran events because Chris knows first hand as a Bronze Star recipient and wounded vet the value of this healing in a wilderness setting. Unfortunately we don't have the resources financially to pursue this dream, however it remains a dream. We would appreciate if this information could be added to the file, and validated as necessary. We do not want this land use file to be inappropriately influenced by the reckless disregard for facts by a neighbor who wishes lo benefit from undue restrictions on another's property. Thank You Chris and Corina LindleY Exh ibit 1-3 Dear Ms. Dalby: I am an across the road neighbor on Sweetwater from Chris Lindley. As a family, we own the Paradox Ranch, which is directly across the road from the yurt, one of the properties owned by Mr. Lindley. I am responding in opposition to Chris Lindley's recent submission to lift the 10 week limitation from the existing SUP, allowing the barn/storage facility to be leased as a guest house throughout the year. To start with, our family has a long history on Sweetwater . My grandfather's best friend from Crawford Colorado originally bought the land which is now the 7W for SSOO ¡n the late 1920's. ln the early 1940's my grandfather bought the property from John Davidson, what was then 250 acres, a lodge and a few cabins and he named it the 7W. Over the next twenty plus years, my family built the existing cabins and refurbished what is now the main lodge. We were forced to sell the 7W when my uncle, Shirley Jodrie, was killed in an auto accident in 1966. However, my grandmother, Helen Savage lived on Sweetwater with my aunt, Joanne Brallier in a small cabin at the base of the bridge on Sweetwater Creek, until she was in her early nineties, and my aunt lived there well into her late eighties. ln the late 1990's we were fortunate enough to buy property across from where Chris Lindley now has his yurt. My cousin, John Jodrie, a lifelong resident of Gypsum built our cabin in 2001. We treasure our four generations of family life on Sweetwater. We know our neighbors, and we have always felt safe in our surroundings. Unfortunately, we have already had unpleasant experiences with the "traffic" created by Chris Lindley's purchase of property on Sweetwater. ln addition to the house and the barn/storage facility which Mr. Lindley is petitioningto convert into a guest house, he also purchased a yurt across the road from us. One night about LL:00, we saw headlights at the entrance of our gate. Someone was jimmying with the lock. Fortunately, my husband was with me (l spend a great deal of time there by myself), and he approached a party with out of state license plates. They were looking for the "yurt", and they planned to "camp out" there. Not knowing what they were talking about, we sent them down the road where an actual yurt exists. They came back later at night, this time, they seemed to find the place. lf I had been by myself, I would have been terrified. Chris Lindley has already been in violation of code by renting out the yurt, which is not allowed permitted use. lnitially, he advertised on AiTBNB (photo included), but the site was taken down when I called them to protest that he was renting this as a "camping fac¡l¡ty" without running water or bathroom facilities. As you may know, Mr. Lindley was recently designated as the new director of the Public Health and Environment Department of Eagle County. He should know about the serious health ramifications of human sewage causing contamination of ground water. This calls into account the responsibility and the intent of his actions. lf he is to be granted permission to rent the barn/storage area as a housing facility, will he adhere to the rules? His application states that they will limit the guest house to 5 people and 2 vehicles, There is already significant "lraffic" in the area. Who will actually police this? He has already committed malfeasance in his grab to profit from rental of the yurt, in violation of code. My concerns are as follows: SAFETY There witl be no onsite management: Mr. Lindley intends to "rent out the property". This brings up a host of potential dangers. Fire? Residents of Sweetwater are fully aware of fire danger and lack of adequate fire eradication services. Will Mr. Lindley's guests appreciate this risk, or in a drunken moment, will they decide to build a campfire? Possible criminal activity. This may seem farfetched, but g¡ven the remoteness of the area, there is no nearby police force to summon. We will have no way of knowing the character of Mr. Lindley's guests, and there will be no onsite supervision of their behaviors or their actions. UNFAIR COMPETITION The 7W which pays higher taxes, must abide to stricter site development and building codes, ls this fair? WHO GAINS AND WHO LOSES? Since Mr. Lindley has owned the home property, it has never been used as a primary residence, it has only been used for commercial revenue. What does Garfield County have to gain by from this? What do his nearby neighbors have to gain? I would argue that other than generating profit for Mr. Lindley, the rest of us are being placed at significant risk from the actions of his guests. Mr. Lindley has already demonstrated his willingness to not "play by the rules", in flagrant violation of code by renting out the yurt. His wife has boasted that there are plans to turn the property into a yoga retreat. lf M r. Lindley is given approval for the ADU, who will police that he actually adheres to regulations? Thank you for your attention to this matter, Susan Savage 7W Guest Ranch 3412 County Road 151 Gypsum, CO 81637 Exh¡b¡t 1-4 September 27,201,8 Re: Lindley property Dear Clare, My husband and I own the 7W Guest Ranch which shares the same driveway thru an easement to the Lavine/Lindley property. We split off 35 acres from the 7W property and sold the lot to Bob Levine Back in 2009 under the premise that he would only use the property a couple months in the winter time as a Snowmobile retreat, Bob honored our agreement the entire time he owned the property. He was a very educated Mountain neighbor who understood we all live up there for a reason, to be away from the crazy people in the city, Unfortunately, he was hurt and unable to ride snowmobiles any longer. Bob Levine decided to sell the property to Chris Lindley earlier this year, We would have never even considered splitting our property up and sub dividing 35 acres to Bob Levine if we knew he would be getting hurt and unable to ride his snowmobiles any longer' The Day after Mr, Lindley closed on the property, Mr, Lindley immediateìy listed this home on Airbnb to have cash flow to help pay the costs of maintaining the property, He started having nightly guests staying on the property without any property manager on site or thought to how it would affect the local people in Sweetwater. The guests have little to no instructions on how to live in the wilderness with the respect we all have for our neighbors, There have been 2 separate occasions that his guests rode ATV's up our drive way and on to our property flying through our horse pastures. On both occasions we were having a camp for cancer survivors and the ATV's came flying up our drive way at a high rate of speed causing the survivors undue anxiety. When the people were asked what they were doing they said that they were told they had full access to the property, This was very disruptive to our camp and we then contacted Mr. Lindley, Mr. Lindley told us how very sorry he was and that he would take the home off the rentalprogram, Well, he not only didn't take it off the rental program but has since planned on renting out his caretaker unit along with his yurt that sites on the property, So now he will not have only his home renting out to B guests, he is planning on renting out the two-bedroom caretaker unit with 4 guests and2-4 guests in his Yurt that sils o¡r the property. We have also heard he was going to put up L0 tepees on this property. Does Mr, Lindley think he can open a KOA camp ground on private land? How can he plan on having 30-40 nightly guests on this private property with out running water or toilet facilities provided for the yurt and teepees? Does he think he will use the woods for his bath room facilities? Wouldn't Mr, Lindley need a special commercial use permit to think he can run a camp ground/hotel type of property? My wife and I along with all our long-term neighbors are very concerned on this new property owner in Sweetwater' Not only do we not want this type of commercial operation. It is only a matter of time that they will kill someone on the one lane roads. Both my wife and I have been run off the road with him, his family and these renters flying up and down county road 150 and 151. If you are not familiar with the roads it can be very dangerous. I would hate to see he or his guests kill one of us or one of our neighbors. I also thought that when I sold the property to Bob Levine I had put some deed restrictions on the property along with the land use. Do you have a copy of the deed and land use of that section of property? I sure would hope that we could stop this new neighbor from ruining the beautiful mountain retreats we all have personally invested in the Sweetwater Valley. We all bought up there for the same reason, to be away from the local people in thc Vail valley and city life, How can this new owner think he can do nightly rentals on private property? Can someone send me the use regulations for this piece of property? Exh ib¡t 15From: Tol Cc: Subject: Date: Taylor Woodard Claire Dalby Tom Jankovsky; John Martin; Mike Samson; Vola Mercer Lind¡ey Objectiorr | 4000 County Road 151 Monday, October 1, 2018 9:31:09 AM Claire, First off, thank you for your time in reading this quick note. I will try to make it brief since I know your time is valuable. My husband and I just purchased the property to the north of the Lindley's (4000 County Road 151)and it has been broughtto ourattention thatthey are looking to ga¡n permitting for the additional dwelling unit on their property. With that we wanted to voice our concerns on a few points: o When we purchased our property the reasons we chose this area was because of the extreme beauty, peacefulness and safe env¡ronment it provides. We have aZyear old daughter and I am up many nights alone on the property. With the potential that we could now be inviting strangers into the neighborhood has us extremely concerned. I do not want to constantly be looking over our shoulders worried someone will appear at our door at all hours of the night looking for the rental property (this has already happened to other neighbors). . On that note, since we have the adjoining property, people are unaware of property lines. We have already had individuals roaming on our property that have absolutely NO business being there. Unexpected intruders can be a very scary predicament - a can of worms we don't want to open. . Speaking of safety, while this area is incredibly peaceful and an amazing respite, it is also a very popular hunting destination. The idea of inviting individuals unaware of this dynamic is an extremely scary prospect for all of us. And if they are indeed hunters, I don't want them mistakenly near or on our property - something that can very easily happen. . Also, our property looks at one of the structures (the yurt) of the Lindley's and we have come up when the cleanliness/aesthetic is not in line with that of the neighborhood. I worry that by opening this up even more it will cause an even bigger mess and eye sore.. Lastly, we don't want additional traffic around the property that otheruvise would not be up there or know that we exist - that was the entire reason we bought in this area. I hope that you will take these factors into consideration when making your final decision. Feel free to call me with questions anytime. Thank you so much for your time and consideration, Taylor ll 303229.7171 & Matt 303.882.7427 TAYLORWOODARD VP, ACCOUNTDIRECTOR 0/303. 302.2 1 00 x 9004 M1303.229.7 17 1 taylor,wood ard@th inkmotive.com thinkmolive.com 10t112018GuestHouse_Wildwood-5 jpg*,!|rî-1r=1..,l:IIhttpsJ/drive.google.com/drive/u/1/folders/l sFpHOXuiS6Fh9jELwKQ5vaztW-o95blW1t2 10t1t2018341 0_Sweetwater_Ranch 24 jpghttps://drive.gc:gle.comldrive/u/1/folders/l sFpHOXuiS6FhgjELwKQ5vazlW-o95btWlta 1Ah12018341O_Sweetr¡uate- Ranch 27.jpg-'- .,;..1llllllilit;!https:l/dr ve"google-com./drìve/u/l lfolders/l sFpHOXui56Fh9jELwKQSvaztW-ogSblW1t) 9/24/2A18Boundaryjpg341û 151 Caunty Road - SweeftnaterTttlli¡Éå RiuerNdional :, þrêSt2OO srhttps/ldrive.google-com/drive/rllifolderll sFpHOXui56FhOjË.LwKQSvaztw-ogsblWProDertt¿ Boundarþs are ÅpÞrox¡mate ard not Gr..ara$tÊerl112 912412018Distance to houseGoogle MapsMeasure distanceTotal distance: i,536.08 ft (a68.20 m)lmagery 02018 Google, Map data @2018 Google 200 ft+.Go gle MapsEr,.-.*E.g-\!r)Googlehttps://wwar.google.com/mapsl@39.7752672,-107.1633988,820m/data=!3mMe31n 912412018Go gfe l'1apsGoogle lt/apsMeasure distanceïotal distance: 1,312.47 ft (400.0a m)dlstance to roadlmagery @2018 Google, Map data @2018 Google 200 ft ihttps://www.google.com/maps/@39.7752672,-1O2.1633998,920m/data=!3mj !1e31t1 9t2A2U8distance r¡¡ith view of roadGoogle MapsMeasure distanceTotaldistance:256.92 ft (78.31 m)lmagery @2018 Google, Map data 0201 I Google 2ûl ftG* gle Map.sI\.-,- .-rE-'c-.'\rGooole!Ihttps:/iwww.grogle"com/maps/@39.7752672,-1O7.1633988,820m/data=!3m1!le3111