HomeMy WebLinkAbout3.0 CorrespondenceSTUVER & LEMOINE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
•
RECEIVED OCT 1 2 ail
RECE3°f
OCT 1 5 2uui
THOMAS W. STUVER TELEPHONE 970 - 625-1887
DANIEL D. LEMOINE
October 9, 2001
Garfield County Building & Planning Department
109 8' Street, Suite 303
Glenwood Springs, CO 81601
Re: Weinreis Exemption Application
Submitted herewith you will find the following:
FAX 970 - 625-4448
1. Our check payable to Garfield County in the sum of $200.00 representing the school fee
due in lieu of land dedication for the newly created exemption parcel;
2. Copies of Well Completion Report, including pump test;
3. Copy of Grand Junction Laboratories Analytical Report for the well; and,
4. Final plat (Mylar and copy).
We request that you submit the final plat to the Garfield County Commissioners for execution and
recording. Please advise me immediately if you need an additional check for the recording of the
plat or if you require any further documentation.
Very truly yours,
STUVER & LeMOfNE, P.C.
2
Thoma Stuver
TWS/lsa
Enclosures
cc: Joe Weinreis
Rich Holsan, Holsan Surveying
• •
Garfield County Surveyor's Office
Samuel Phelps - Colorado Registered Professional Land Surveyor No. 27613
Thursday, February 21, 2002
Mr. Mark Bean, Director
Garfield County Planning Dept.
109 Eighth Street
Glenwood Springs, CO.
81601
Re: Plat review of the Weinreis Subdivision Exemption Plat
Dear Mark;
I have reviewed the above referenced exemption plat and note the following comments or
corrections to be made to this plat prior to approval for survey content and form:
1. All Monumentation, found or set, must be fully described on the plat in
accordance with 38-51-106(F) CRS.
2. The bearing shown on the South line of the subject property is different in the
Basis of Bearings statement and what is shown on the plat.
3. The tie from the Southeast corner of the property to the South 1/4 corner should
be shown.
Sinc:,tJy;
Samuel Phelps
As Garfield County Surveyor
GARFIELD COUNTY COURTHOUSE BUILDING
1 09 EIGHTH STREET, SUITE No. 207
GLENWOOD SPRINGS, CO. 81 601
GARFIELD COUNTY
Building and Planning Department
March 20, 2001
Mr. Thomas Stuver, Esq.
Stuver & George, P.C.
P.O. Box 907
Rifle, CO 81650-0907
Re: Weinreis Exemption Application
Dear Tom:
As you are aware, yesterday the Board of County Commissioners considered the Weinreis
Exemption Application at a noticed public meeting. The Board of County Commissioners
moved to approve the request with the following conditions:
\/Y. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval;
A Final Exemption Plat shall be submitted, indicating the legal description of the
property,dimension, and area of the proposed lots, 25 ft. wide access to a public right-
of-way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities;
That the applicant shall have 120 days (until 7/19/01) to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption;
That the applicant shall submit the applicable School Site Acquisition Fees for the
creation of the exemption parcels prior to approval of the exemption plat;
-5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of
/Healstandards shall be complied with.
th
That the applicant shall comply with the recommendations of the Garfield County
Engineering Department as listed in their memo to Kit Lyon dated 2/26/01 prior to
final approval of the exemption plat.
That the applicant shall retain a qualified professional engineer to identify a building
envelope on the plat, at least one acre in size, which lies outside the required live
stream setback ("greenbelt" area), identified wetlands area, areas of 40% or greater
slope, and 100 yr. floodplain area. If the building envelope must occupy the
Tel: 945-8212/Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601
Page 2
March 20, 2001
floodplain, the applicant shall obtain a floodplain special use permit prior to final
approval of the exemption.
8. The applicant shall provide an easement or reservation for the greenbelt area for
private use by deed restriction, and include the following plat notes "The area
on this Ilat shall be retained in an o
1 - 1
L 11'
1-
n or
.1 111 1 -1
condi i.n exce 1t for agriculture, for the placement of landscape materials, including
trees, shrubs and asses and structures limiter to
ures, erosion protection devices an• underground uti
land- sha Ie : va e wit an easement or reserva ion or greenbelt use by deed
restriction.
public.".
Designation of greenbelt does not imply provision for access by the
The applicant shall identify the slopes that exist on the property. If a building
envelope smaller than one (1) acre is proposed, the specific provisions of section
5.04.02 of the Zoning Resolution shall be met prior to any finalization of an
exemption plat.
Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
Prior to the approval of an exemption plat, the applicant shall provide proof of legal
and adequate source of domestic water for each lot created and will demonstrate that
all w,ater supplies will meet the following:
That a four (4) hour pump test be performed on the well to be used;
b) well completion report demonstrating the depth of the well, the characteristics
of* aquifer and the static water level;
c) e results of the four (4) hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge;
d) A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e) An assumption of an average or no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
f) If the well is to be shared, a legal well sharing agreement which discusses all
easements and costs associated with the operation and maintenance of the system
a d who will be responsible for paying these costs and how assessments will be
made for these costs will be filed with the exemption plat;
The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
h) An off-site legal well agreement which guarantees access to the well for
maintenance purposes shall be submitted and the exemption plat shall identify
the location of the maintenance easement and off-site well. The easement needs
to come into existence prior to the creation of the lots. Also, a legal entity must
Ph:945-8212/Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601
• •
Page 3 March 20, 2001
be created to hold the easement (such as an unincorporated homeowner's
association) prior to finalization of the exemption.
12. That the following plat notes shall appear on the Final Exemption Plat:
"On- ) dog will be allowed for each residential unit and the dog shall be required to
b- confined within the owners property boundaries."
"No ope hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
r- . lations promulgated thereunder, will be allowed in any dwelling unit. All
welling units will be allowed an unrestricted number of natural gas burning stoves
and appliances".
"All e • nor lighting will be the minimum amount necessary and all exterior lighting
wi .e directed inward, towards the interior of the subdivision, except that provisions
ay be made to allow for safety lighting that goes beyond the property boundaries".
"N further divisions by exemption from the rules of Subdivision shall be
lowed."
"F ndations and Individual Sewage Disposal Systems shall be engineered by a
rofessional Registered Engineer within the State of Colorado."
"Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
neces :�" aspect of living in a County with a strong rural character and a healthy
ra ng sector. All must be prepared to encounter noises, odor, lights, mud, dust,
oke chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations."
"All owners of land, whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditch s; controlling weeds, keeping livestock and pets under control, using
pr..erty in accordance with zoning, and other aspects of using and maintaining
operty. Residents and landowners are encouraged to learn about these rights
and responsibilities and act as good neighbors and
citizens of the County. A good introductory source for such information is "A Guide
to
Rural Living & Small Scale Agriculture" put out by the Colorado State University
Extension
Office in Garfield County."
Once these conditions are met, the exemption may be finalized. It is your responsibility
to request an extension of time prior to 7/19/01 in the event one is needed. Please do not
hesitate to contact me in the event you have any questions.
Ph:945-8212/Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601
• •
Page 4 March 20, 2001
Sincerely,
Kit Lyon
Senior Planner
Ph:945-8212/Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601
FM
GW
10184
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2
\
PUMP INSTAL LAi�N AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
IIP
For Office Use only
R E C E I V L J
OCT 1 5 2001
1.
WELL PERMfT NUMBER (9 -5 7<- j
2
OWNER
Mailing
City,
Phone
NAME(S) \/(�.4.7,, r' n r t? ic' , ) C 5.--f'
Address /2---V r' 1,r u.,-(1-7\) ca 3 `,/
St. Zip S, /7, r. y' / f 6- "011 -
(9'78) r-7 _ ;Ix
3.
WELL
LOCATION AS DRILLED: SV 1/4 5-W' 1/4, Sec. / 7 Twp. (;.;.i. Range 7,2 14/
DISTANCES
CC
,
FROM S C. LINES:
(7 ft. from Sec, line. and C O ft. from L)z," Sec. line.
FILING(UNIT)
SUBDIVISION:
STREET
ou at of west)
LOT BLOCK
ADDRESS AT WELL LOCATION:
4.
.
PUMP
DATA: Type Installation Completed
Pump
Design
Pump
ADDITIONAL
Manufacturer Pump Model No.
GPM at RPM , HP , Votts , Full Load Amps
.
Intake Depth Feet, Drop/Column Pipe Size Inches, Kind
INFORMATION FOR PUMPS GREATER THAT 50 GPM:
.
TURBINE
Design
1
DRIVER TYPE 1 Electric [1 Engine
❑ Other
Head feet, Number of
Stages , Shaft size inches.
5.
OTHER EQUIPMENT:
. Monitor Tube Installed
Depth ft.
Airline
Flow
Meter
Installed Q Yes [1 No, Orifice Depth ft,
Meter Mfg.
❑ Yes No,
Meter Serial No.
Readout Gallons. 7 Thousand Gallons,
n Acre feet, E Beginning Reading
6.
TEST
is submitted on Supplemental Form.
/
DATA: i I Check box if Test data
Total
Static
Date
Date
Well Depth 7 C 7. Time
f ,
,,>;,
Level r- Rate (GPM)
,,�-
Measured / -t .2.r.* Pumping Lvi. /
7.
DISINFECTION:
Type ---72 -1"71-i Amt. Used
8.
Water
No
Quality analysis available Yes _
9.
Remarks
%7 G
��uz2j8---
10. i have
[Pursuant
degree
CONTRACTOR
Mailing Address
read the atements made erein and know the contents thereof, and that they are true to my knowledge.
to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second
and is punishable as a class 1 misdemeanor.]
4 r /C',. Phone (2 6.2 ) l /// --5 Uc. No.c?% f<
,04, _
/_ 1 / i /-:;/,/,,Isem? ,- %' -
Na e(Title {Please tyke ar print)
C7tu..v:i2
Signature / ,�
Date
Recieved from:
JOHN C. KEPHART & CO.
\
GRAq
435 NORTH AVENUE
_
| fi��U^' H | UH |f-�
�/ ` � u ./ � / u | � | ��
• PHONE 242-7618 •
ANALYTICAL REPORT
Joseph E. Weinreis
5454 County Rd. 346
Silt, CO 81652
5392 water
Customer No. Laboratory No. Sample
Date Received 12/1/00 Date Reported
12/11/00
Sample 5392
MAM Cr. 1-12 12:00,
Garfield County, private
Total Coliform Bacteria 0 colonies/100m1 sample
Director? B. Bauer
ReCeived
,vc•-
, 0 HNI•!C:',KEP A••
J
• PHONE i (970) 242-7619 (970).243-7235'
• • ,
,41
•
— ANALYTICAL REPORT ---
r
41.44i ...114,40.4.;
Joserih ' rwet s • '
” .
'5454 Co1Anty' Road 746
Silt, CO 31652
GRAND JUNCTION, COLORADO 81501
5392, 6306 er
Customer No. Laboratory No. Sample
1:2/ 1 / 00., 4/12/01
Date ReceivedDate Reported
4/20101
Rece.1 ved 12/1/00.:
Lab number
Sample ID:
. •
m*70'7,
1-12 12:00 MAM Cr.,
Garfield County, private
Total Col i or m Da- er i a 0 c ol EeS/ 001111....?•.1111p e
. Re:4/12/ 01'1
Lab 1-11.1m64,er
3,_imple
-••
NitrateIN)
Nitrite(N)
Total uspended Solids
.r•
•• TC Bac t
Ni
ti%!ite•
T Supp Sol i ds
63()''.6'''',.'f4;"'
4-10"..i1 or 4,-11--01 MAP1 Cr. '...
Cat :-Cont
„.,,,.-;,;40-•:-Y,"-'4.,',..... .,E„..„w,,-,.: Y1 private
-,,. :,,, ,..,.,-...........,,
• '.1 ty.',: - : W ' _ --i''' -
-,..
...e.,:-
0. 00 ing/1 (<0.01)
29 . mg/I.
•
• •-•-•~ )-
- •
Date tested:
12/1/00
4/ 18/01
:,4/13161 .
4/16/01
f'"'?"... •
Method:
SM 9222B:.
ASTM ,D 386790E
D 306790B
PA 1.66:2
Director: B. Eliaue.
•
GARFIELD COUNTY
Building and Planning Department
July 23, 2001
Mr. Thomas Stuver, Esq.
Stuver & George, P.C.
P.O. Box 907
Rifle, CO 81650-0907
Re: Weinreis Exemption
Dear Tom:
I am in receipt of your letter dated 7/11/01. The purpose of this letter is to answer your
question about who shall be the owner of the easement or reservation. This question was
discussed at a recent staff meeting with Mark Bean, the Planning Director, and Don
DeFord, the County Attorney. After discussion, we concluded that as long as the plat
clearly depicts the building envelope, and non -buildable areal the appropriate plat
note_ that no actual easement is necessary. Please do not hesitate to contact me in the
event you have any questions.
Sincerely,
Kit Lyon
Senior Planner
Tel: 945-8212/Fax: 384-3470 109 8th Street, Suite 303 Glenwood Springs, CO 81601
THOMAS W. STUVER
DANIEL D. LEMOINE
STUVER & LEMOINE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
July 11, 2001
Garfield County Building & Planning Department
Attention: Kit Lyon
109 8`h Street, Suite 303
Glenwood Springs, CO 81601
Re: Weinreis Exemption Application
Dear Kit:
This application is progressing to completion.
•
RECEIVED JUL 1 1 2001,
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
, ,„P`iL V -1 -
Yo $ . v -P
In satisfaction of certain of the conditions of approval, enclosed herewith you will find copies of the
following:
1. Letter dated June 29, 2001 authorized by Paul S. Bussone, P.E. of Resource Engineering,
Inc.;
2. Map defining building envelope; and,
3. Cross section of channel of Mamm Creek, 100 year flood plain study.
The final plat will incorporate this information to the extent necessary to meet the conditions of
approval.
Item 8 of your letter of March 20, 2001 requires a plat note for preservation of the green belt area.
To this, my client is receptive. However, would you please confer with the County Attorney and
advise me who is to be the owner of the easement or reservation?
• •
Garfield County Building and Planning Department
July 11, 2001
Page Two
In order to afford adequate time to incorporate appropriate notes and building envelope data in the
final exemption plat, my clients request a ninety -day extension to present it for signature by the
Garfield County Commissioners.
Very truly yours,
STUVER & Le OINE,�.C.
a . - over
TWS/lsa
Enclosures
cc: Joe Weinreis
■e®°■
ES URCE
°.
MINN
■■°°■ E N G I N E E R I N G INC.
Thomas Stuver, Esq.
Stuver & LeMoine, P.C.
PO Box 907
Rifle CO 81650
RE: Weinreis Exemption Application
Dear Tom:
June 29, 2001
At the request of Mr. Joe Weinreis, Resource Engineering, Inc. prepared the attached map (3
copies) showing a building envelope in excess of one acre in area which lies outside the
following limits.
1. 75 feet from a live stream
2. Wetlands
3. 40% or greater slopes
4. 100 year flood plain
We conducted an on-site inspection of the property to identify and locate any wetlands and
found no wetlands within the designated building envelope. We also noted that there are no
slopes greater than 40% within the building envelope.
The building envelope lies on a gently sloping terrain approximately 10 feet in elevation above
a wide river bottom which crosses the property. Mamm Creek, which is the stream flowing
through the property, meanders within this low bottom land. The building envelope is more
than 75 feet from the live stream.
To the best of our knowledge Mamm Creek does not have an established 100 year flood plain
map prepared by FEMA. Therefore, Resource Engineering, Inc. calculated the 100 year flood
flow for the 63.7 square mile drainage basin using HEC -HMS (HEC -1) version 2.1 .1 (February,
2001) and routed the 100 year peak flow through the property using HEC - RAS (HEC -2)
Version 3.0.1 (March, 2001).
Two sections were surveyed across the channel at the site of the proposed building envelope
by Richard L. Holson, Professional Surveyor. The computer model determined the flood
elevation at each cross-section for the design flood. The 100 year flood flow is contained
within the channel at both sections as can be seen in the attached cross sections.
In summary, the approximately 1 .5 acre building envelope shown on the attached map is not
encumbered by either wetlands, 40% or greater slopes or the 100 year flood plain and it is no
closer than 75 feet from a live stream
Sincerely,
E ENGINEERING, INC.
I S. Bu e, E.
Water Resources Engineer
PSB/mmm
817-1.0 to exemption app.817.wpd
Attachments
R EC E ! w EV JUL 3 M8i
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137
5470
WEINREIS SUBDIVISION FLOOD PLAIN STUDY Plan: Pian 01
LOWER CROSS SECTION
5465
5460
5455-
5450-
5445
.35
.45
0
Legend
EG PF 1
WS PF 1
Ground
•
Bank Sta
50 100 150 200 250 300
Station (ft)
c
0
a)
w
5485
5480
5475
5470
5465
5460
5455
5450
WEINREIS SUBDIVISION FLOOD PLAIN STUDY Plan: Plan 01
UPPER CROSS SECTION
.35
.45
Legend
EG PF 1
WS PF 1
Crit PF 1
Ground
•
Bank Sta
•
0 100 200 300 400 500
Station (ft)
6
30S
X -SECTION
6
600
VCL146446
54
8
7
694
5462.88
BULIDING
ENVELOPE
(1 51 ACRES)
or
6935,66
L=406.34'
R..1048 35'
5'.22' 12'28'
C L£N=403.80'
BRG-N 61'32'59" W
4
2
811:5458
1B4 54 58 0 7
46579
100 YEAR
FLOOD PLAIN
N
7
2.
8
60
16385.40'
R-2327.53'
0=09'29'14"
C LEN.. 384.95.
BRG=S 5754'36" E
6
554
61
61
5456.92
77 5x12
6548899
623
X-SECT/ON
5
46950
30
85457173 SE. T45854
55
XS 5469.46
100 YEAR
FLOOD PLAIN
56.4 3
56.03
5456 77
5g4
0000859 09K
S
5456.31
CHK
56
5475.99
3
82.09
9
XS 548317
TOP OF RVUK
7
6
477.60
N 89'36'42 W
130601
MAMM CREEK
5 59
5474.91
i
DATE: JULY 2, 2001
JOB NO. 817-1.0
DRAWN BY: DLS
CHECKED BY: PSB
FILE: G:\CLIENT\817\SECTIONS
SCALE: 1" = 100'
RESOURCE
ENGINEERING. INC.
909 COLORADO AVE, ■ GLENWOOD SPRINGS. CO 81601
(970) 945-6777 • FAX (970) 945-1137
WEINREIS EXEMPTION BUILDING ENVELOPE
FIGURE 1
• •
Garfield County
Engineering Department
To: Garfield County Building & Planning Dept.
Attn.: Kit Lyon
Date: Monday, February 26, 2001
Project: Weinreis Exemption Application
Re: Engineering review of the sketch plan submittal, dated December 27, 2000
Kit,
I have reviewed the above mentioned application submittal and have the following comments.
1) Plat review comments:
a) The plat should show both the overall parcel and the exemption parcel. In addition all legal, linework, and labels pertaining to both
parcels should be shown. The information should be shown in a manner to differentiate existing and proposed information.
b) The plat should show legal description, linework and labeling for the 36 acres used to permit the exempt well per application number
224729.
c) The parcel numbers located on exhibit five should be shown on the plat in addition to the parcel owner's information.
d) The laboratory report number 5392 from grand junction laboratories dated 12/1/2000 appears to have tested for only coliform bacteria.
Before final approval, I would recommend a test for an overall water quality is performed.
e) I recommend that the following notes be added to the exemption plat document:
i) The exempt well permit number 224729 is the only approved exempt well within a 36 acre tract that the exemption parcel
is also located within. To obtain future well permits within this described 36 -acre tract the applicant shall contact the
Colorado Division of Water Resources.
ii) The exempt well permitted for this property shall be subject to all conditions associated with the Colorado Division of Water
Resources well permit number 224729. A condition of the permit is that the exempt well will flow at a maximum of 15
gallons per minute.
iii) A licensed Structural Engineer in the state of Colorado shall approve the foundation design for all structures needing a
certificate of occupancy.
iv) The ISDS (individual sewage disposal system) shall not be of the evaporative type. The design shall be in accordance with
Garfield County rules and regulations and approved by a licensed engineer in the state of Colorado.
2) I recommend the applicant supply a topographic map showing the following information due to the
special conditions related to this parcel.
i) The following information should appear on the exemption parcel topographic map.
(1) A scale of 1".60' to match the scale of the submitted exemption plat.
(2) Topographic contours related to the exemption parcel. A USGS map in the background is acceptable.
(3) The limits of 100 yr. floodplain, floodway.
(4) Proposed building setback lines.
(5) Public rights of way access design. This design should include but not be limited to the existing and proposed storm
drainage improvements, existing and proposed utilities, existing right of way, and existing and proposed easements.
(6) The surveyed location of the permitted exempt well within the parcel.
(7) Limits of wetlands.
If you have any questions or concerns, please do not hesitate to call.
Sincerely,
Jeff T Nelson
Assistant County Engineer
C Randy Withee, County Engineer
1.3
Page 1 of 1
109 8th Street, suite 100-c, Glenwood Springs, CO. 81601-3360, 945-1377 ext. 1100
jtn
Www.garfield-county.com, jnelson@garfield-countv.com
C:\Projects\weinreis exemption\review-01.doc
RE€EivEo D=EB 1 3 200i
•
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: January 26, 2001
Comments Due: February 26, 2001
Name of application: Weinreis Subdivision Exemption Sketch Plan
Sent to: Town of Silt
Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the event you are unable to respond by 2/26/01. This form may be used for your
response, or you may attach your own additional sheets as necessary. Written comments
may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Kit Lyon
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-5004
Phone: 970-945-8212
E-mail: "garcopin@rof.net
General comments: The Town of Silt Planning Commission reviewed this application at
their February 6, regular meeting and had the following comments:
The Weinreis Subdivision Exemption Sketch Plan describes property located just outside
the Town's urban growth boundary, and therefore the Town has no comment. In fact, the
Town agrees that this application is appropriate due to the physical separation the road
creates for the property owner.
Although this subdivision may not entail more than one dwelling unit, the Town of Silt
would once again like to encourage the County to incorporate a requirement of central
water and central sewer facilities for subdivisions that have ten units or more.
Thank you for the opportunity to review this project.
Sincerely,
f cAktize
Janet G. Steinbach
Town Planner
•
•RECEIVED DEC 2 8 2000
STUVER & LEMOINE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
THOMAS W. STUVER TELEPHONE 970-625-1887
FAX 970-625-4448
DANIEL D. LEMOINE
December 27, 2000
Kit Lyon, Senior Planner
Garfield County Building and Planning Dept.
109 - 8th Street. Suite 303
Glenwood Springs, Colorado 81601
RE: Weinreis Exemption Application
Dear Kit:
Submitted herewith you will find the following:
1) well permit, well construction and test report, and pump installation and test report for
well permit number 224729
2) analytical report for water for the well showing 0 coliform bacteria content
3) consent signed by my clients, the Weinreiss'
4) a copy of Burning Mountain Fire Protection District response to request for comment
dated: April 19, 2000.
1 believe the foregoing satisfies the requirements of your letter of March 22, 2000. i ask that you
proceed with scheduling the application for hearing before the Board of County Commissioners.
Very truly yours,
STUVER & LEMO
omas
TWS/nb
enclosures
cc: Weinreis
P.C.
• •
GARFIELD COUNTY
Building and Planning Department
March 22, 2000
Mr. Thomas Stuver, Esq.
Stuver & George, P.C.
P.O. Box 907
Rifle, CO 81650-0907
Re: Weinreis Exemption Application
Dear Tom:
Thank you for your letters dated 3/15/00 and 3/20/00. It is helpful to know the history of the
320 acre parcel. I do agree that the number of splits occurring north of County Road 315 is
irrelevant in terms of calculating the total number of allowed exemption lots.
The subdivision exemption process does indeed result in two (2) exemption lots in this case
(please see definition of lot as defined in the Zoning Resolution 2..2.32 as well as section
8:00 of the subdivision regulations, which uses the term "lot" throughout). The 111 acre lot
north of the County Road will be subject to the Exemption regulations in Section 8:00 of the
Subdivision Regulations. If the final plat contains legal descriptions for both exemption lots,
this will be sufficient. However, please be aware that the County Road must be shown on the
plat. If this is a "prescriptive use", it may be necessary to deed a 60' r -o -w to the County.
The petition for exemption is signed by you, not the property owners. A letter of consent or a
copy of the power of attorney is necessary for anyone other than a property owner to submit a
land use application. The County is unable to process an application without the property
owners' consent.
Note #5 regarding the individual septic system is understood.
Pursuant to section 8:42 D, the application lacks proof of legal and physical source of water
for each lot created. Proof shall consist of an approved well permit and documentation from
the Div. of Water Resources that demonstrates there are wells within V4 mile producing at
least 5 gpm. Pursuant to section 8:42 E, the application must include a letter of approval
from the fire district (rather than mere acknowledgement it was sent to them). I refer you to
section 8:22, which states:
The Planning Department shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from consideration
and the applicant notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the time and place of the Board of
County Commissioners' meeting, at which the request shall be considered In either case,
notification shall occur within fifteen (15) days of submittal.
Tel: 945-8212/Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601
1 •
Page 2 January 3, 2001
At this point in time, the application has been withdrawn from consideration. Once the
requested information is submitted, and the application is deemed complete, the review
process will resume and the application may be placed on the Board's agenda. Please
contact me in the event you have any questions or I may be of further assistance.
Sincerely,
Kit Lyon
Senior Planner
Ph:945-8212/Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
410 •
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
March 20, 2000
Kit Lyon, Senior Planner
Garfield County Building and Planning Dept.
109 - 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Re: Weinreis Exemption Application
Dear Kit:
This is in response to your letter of March 15, 2000.
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
Under separate cover I have submitted to you a drawing of the "original 320 acres" owned by Julius.
The Assessor map utilized as a base for that depiction shows the existing property splits.
As indicated in the Request for Exemption, the parcel owned by the Weinreises from which the 8.48
acre tract is to be split is designated as Garfield County Assessor parcel number 2179-173-00-491,
and contains 120 acres. It is and will be legally sufficient to describe this remaining acreage as:
NW 1/4 and S 1/2 SW 1/4, Section 17, Township 6 South, Range 92
West of the 6th P.M. in Garfield County, lying North of the Centerline
of Garfield County Road 315
This remaining acreage is not a "lot" under State law, or under the Garfield County Subdivision
Regulations (see definition of "lot" in Garfield County Subdivision Regulations 2:20.29). The
division of the 8.48 acre tract is an exemption from subdivision, and the 111 acres owned by the
Weinreises north of the County Road is not subject to the Garfield County Subdivision Regulations.
I do not understand your request of a letter of consent from the property owner. The Application
clearly indicates that the applicant is the property owner. It seems that a letter of consent would be
superfluous.
RECEIVED MAR 2 1 2Oflfl
c P 71 -0 COU
NTY
PLA,N1V, FATATMENT
SUITE 303
'BING
S CO 81601
•
Kit Lyon
March 20, 2000
Page Two
I recognize your concerns with respect to the domestic well and the need for some communication
from the Fire District. We will submit the documentation you have requested prior to hearing before
the County Commissioners.
As to your inquiry concerning proposed method of sewage disposal, it is, as the Request for
Exemption states (paragraph 5), an "individual septic system."
Please let me know if there is additional information which is required under the County Subdivision
Regulations pertaining to exemptions.
Very truly yours,
TWS/gg
cc: Mr. Joseph Weinreis
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
March 15, 2000
Garfield County Building and Planning Department
Attn: Kit Lyon
109 - 8th Street
Suite 303
Glenwood Springs, Colorado 81601
Re: Weinreis Request for Exemption
Dear Kit:
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
This is in response to your inquiry concerning the chain of title on the Weinreis property, and is
intended to supplement the Request for Exemption filed on March 8, 2000.
Enclosed herewith you will find a copy of a portion of the Garfield County Assessor's map depicting
the vicinity of the tract to be exempted. I have highlighted in orange the property covered by the
Benzel/Julius deed submitted as Exhibit 3 to the Weinreis Exemption Request. Also, I have
"hatched" a portion of that ownership to depict acreage deeded to Garfield County in 1979,
presumably for airport purposes. I have also shown the book and page by which the remainder of
the property south of County Road 315 was subsequently conveyed.
In any event, I hope you can now see that the tract to be exempted has always been disconnected
from the remainder of the property as owned on January 1, 1973, by County Road 315. For this
reason, I submit that the number of splits occurring north of County Road 315 is irrelevant in
considering the merits of the present Application.
Please give me a call if you need some additional
Thank you for your attention to this request.
Very truly yours,
STUVER & GEORGE, P.C.
Thomas W. St& er
TWS/gg
Enclosure
cc: Mr. Joseph Weinreis
explanation.
GARFIELD COUNTY
PLANNING DEPARTlMME'NT
109 EI H ST. - SUITE 303
GLENWOOD SPRINGS, CO 81f1.C'
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• •
GARFIELD COUNTY
Building and Planning Department
March 15, 2000
Mr. Thomas Stuver, Esq.
Stuver & George, P.C.
P.O. Box 907
Rifle, CO 81650-0907
Re: Weinreis Exemption Application
Dear Mr. Stuver:
Post-itsFax Note
7671
Thank you for your submittal of the Weinreis Exemption request. The application has been
deemed incomplete. This letter follows up our conversation on March 14, 2000. Please
submit evidence that:
8:52 A: No more than a total of four (4) lots, parcels, interests or dwelling units will be
created from any parcel, as that parcel was described in the records of the Garfield County
Clerk and Recorder's Office on January 1, 1973. In order to qualifr for exemption, the
parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in
size at that time aria' not part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal Highway, County road or
railroad), preventing joint use of the proposed tracts and the division occurs along the public
right-of-way, such parcels thereby created may, in the discretion of the Board, not be
considered to have been created by exemption with regard tot he four (4) lot, parcel, interest
or dwelling unit limitation otherwise applicable. For the purposes of definition, all tract of
land thirty five (35) acres or greater in size, created after January 1, 1973, will count as
parcels of land created by exemption since January 1, 1973.
As we discussed on 3/14/00, a drawing indicating the original 320 acres and all subsequent
splits would be helpful. Although this is a situation that involves a right of way, and thus the
possibility of more than 4 lots, it is still necessary to know the amount of splits that have
occurred.
In addition, the following information could not be located in the application:
❑ 8:41 A: The sketch plan map does not show all lots to be created. Please show the lot
north of the County Road.
❑ 8:42 A: A letter of consent from the property owner.
❑ 8:42 D: Proof of legal and physical source of water for each lot created. Proof shall
consist of an approved well permit and documentation from the Div. of Water Resources
that demonstrates there are wells within 1/4 mile producing at least 5 gpm.
Tel: 945-8212/Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
• •
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
March 20, 2000
Kit Lyon, Senior Planner
Garfield County Building and Planning Dept.
109 - 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Re: Weinreis Exemption Application
Dear Kit:
This is in response to your letter of March 15, 2000.
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
Under separate cover ][ have submitted to you a drawing of the "original 320 acres" owned by Julius.
The Assessor map utilized as a base for that depiction shows the existing property splits.
As indicated in the Request for Exemption, the parcel owned by the Weinreises from which the 8.48
acre tract is to be split: is designated as Garfield County Assessor parcel number 2179-173-00-491,
and contains 120 acres. It is and will be legally sufficient to describe this remaining acreage as:
NW 1/4 and S '/2 SW 1/4, Section 17, Township 6 South, Range 92
West of the 6th P.M. in Garfield County, lying North of the Centerline
of Garfield County Road 315
This remaining acreage is not a "lot" under State law, or under the Garfield County Subdivision
Regulations (see definition of "lot" in Garfield County Subdivision Regulations 2:20.29). The
division of the 8.48 acre tract is an exemption from subdivision, and the 111 acres owned by the
Weinreises north of the County Road is not subject to the Garfield County Subdivision Regulations.
I do not understand your request of a letter of consent from the property owner. The Application
clearly indicates that the applicant is the property owner. It seems that a letter of consent would be
superfluous.
RECEIVED MAR 2 20O
C r3F11..0 CCI
'303
, w o ,t � , C� CO $101
• •
Kit Lyon
March 20, 2000
Page Two
I recognize your concerns with respect to the domestic well and the need for some communication
from the Fire District. We will submit the documentation you have requested prior to hearing before
the County Commissioners.
As to your inquiry concerning proposed method of sewage disposal, it is, as the Request for
Exemption states (paragraph 5), an "individual septic system."
Please let me know if there is additional information which is required under the County Subdivision
Regulations pertaining to exemptions.
Very truly yours,
TWS/gg
cc: Mr. Joseph Weinreis
• •
GARFIELD COUNTY
Building and Planning Department
March 22, 2000
Mr. Thomas Stuver, Esq.
Stuver & George, P.C.
P.O. Box 907
Rifle, CO 81650-0907
Re: Weinreis Exemption Application
Dear Tom:
Thank you for your letters dated 3/15/00 and 3/20/00. It is helpful to know the history of the
320 acre parcel. I do agree that the number of splits occurring north of County Road 315 is
irrelevant in terms of calculating the total number of allowed exemption lots.
The subdivision exemption process does indeed result in two (2) exemption lots in this case
(please see definition of lot as defined in the Zoning Resolution 2..2.32 as well as section
8:00 of the subdivision regulations, which uses the term "lot" throughout). The 111 acre lot
north of the County Road will be subject to the Exemption regulations in Section 8:00 of the
Subdivision Regulations. If the final plat contains legal descriptions for both exemption lots,
this will be sufficient. However, please be aware that the County Road must be shown on the
plat. If this is a "prescriptive use", it may be necessary to deed a 60' r -o -w to the County.
The petition for exemption is signed by you, not the property owners. A letter of consent or a
copy of the power of attorney is necessary for anyone other than a property owner to submit a
land use application. The County is unable to process an application without the property
owners' consent.
Note #5 regarding the individual septic system is understood.
Pursuant to section 8:42 D, the application lacks proof of legal and physical source of water
for each lot created. Proof shall consist of an approved well permit and documentation from
the Div. of Water Resources that demonstrates there are wells within 1/4 mile producing at
least 5 gpm. Pursuant to section 8:42 E, the application must include a letter of approval
from the fire district (rather than mere acknowledgement it was sent to them). I refer you to
section 8:22, which states:
The Planning Department shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from consideration
and the applicant notified of the additional information needed If the application is
complete, the applicant shall be notified in writing of the time and place of the Board of
County Commissioners' meeting, at which the request shall be considered In either case,
notification shall occur within fifteen (1 5) days of submittal.
Tel: 945-8212/Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601
• 1
JOSEPH AND VELMA WEINREIS
5454 County Road 346
Silt, Colorado 81652
TELEPHONE 970-876-2524
December 26, 2000
Kit Lyon, Senior Planner
Garfield County Bu idi g and Plan!)i
109 - 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Re: Letter of attorney authorization
Stuver & LeMoine, P.C., are our attorneys and are authorized to represent us on any request for a
Garfield County Subdivision Exemption.
Joseph w emreis
Velma Weinreis