The URL can be used to link to this page

Home My WebLink About1.00 General Application MaterialsTable of Contents 01 Signed Application Form 02 Signed Payment Agreement Form 03 Proof of Ownership-Warranty Deed 04 Letter of Authorization/Representation 05 Names & Mailing Addresses of Properties within 200’ 06 Mineral Rights 06a Mineral Deed 07 Project Narrative (Impact Analysis/Standards Responses) 08 Title Commitment 09 Pre-Application Summary 10 Vicinity Map 11 Waiver Request – Improvement/Development Agreement 12 Topographic Survey 13 Architectural Site Plan 14 Grading & Drainage Plan 15 Traffic Study/Access and Roadways Waiver 16 Water Supply Testing 16a Water Quality Testing 16b Water Rights Quit Claim Deed 16c Well Permit Change in Name 17 Wastewater Management Plan 17a Wasterwater Management Plan – larger scale 17b Wastewater Test-Receipt 18 Elevation Certificate 18a Floodplain Engineering Determination 18b Building Permit 18c Building Permit 18d Certificate of Occupancy 18e Certificate of Occupancy 19 Fire Department ‘Will Serve Letter’ 20 Photos Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: 2395-012-00-123 Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List Section: 4-203 J Development Agreement; 4-203 K Improvements Agreement; 4-203 L Traffic Study Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List Section: 7-107 Access & Roadways I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Existing Use: ____________________________________________________________________________________ Proposed Use (From Use Table 3-403): ____________________________________________________ Description of Project: __________________________________________________________________ 1.The Decision you are appealing. 2.The date the Decision was sent as specified in the notice (date mailed). 3.The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4.The appropriate appeal fee of $250.00. 5.Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. For Appeal of Administrative Interpretation please include: Steve Marchese 16552 Von Karman Avenue Irvine, CA 92606 March 8, 2022 To whom it may concern: I, Steve Marchese hereby authorize Brad Jordan, dba Jordan Architecture Inc., to act on my behalf pertaining to the Secondary Dwelling Unit, Administrative Review Land Use Change Permit and building permit processing to develop a secondary dwelling unit, located at 180 County Road 109, Glenwood Springs, Colorado. He has full authority to request documents, submit applications, submit plans, and engage required experts etc., regarding this project. If any questions regarding the authenticity of this document, I may be reached at 949-394-2427 or steve@lightstim.com Respectfully submitted, ______________________________ Steve Marchese ______________________________ Joni Marchese Jordan Architecture Inc. PO Box 1031 Glenwood Springs, CO 81602 970-618-6690 email: bradjordanarchitect@gmail.com website: jordanarchitecture.com 8 March 2022 Garfield County Planning Department Attn: Glenn Hartmann RE: Marchese Secondary Dwelling Unit Steve & Joni Marchese Parcel #2395-012-00-123 Glenn, This letter serves as a narrative of the aforementioned project and site. The existing garage/loft structure was previously permitted as a garage/workshop with a ‘work/hobby studio’ above. The certificate of occupancy was issued on September 25, 1991 (attached as part of this submission). The existing garage/loft structure (foundation and wall framing) is intended to remain from the foundation up to the second level. The lower level will be reconfigured to include a garage and living area. The upper level will be removed and rebuilt to accommodate living area and exterior terraces. The existing residence and garage structures will be demolished and removed from the site. A new future residence will be constructed and is outlined/hatched on the architectural site plan. IMPACT ANALYSIS (Section4-203(G)): 1. Civil Engineer (Pinnacle Design Group): Has been retained to provide the grading and drainage for the site, as well as the traffic analysis. An Elevation Certificate has been provided by the U.S. Department of Homeland Security, F.E.M.A., dated November 30, 2022. The Floodplain Engineering Determination has been provided by Zancanella and Associates, dated January 4, 2022. The supporting documents are attached as part of this submission 2. Surveyor: The improvement and topographic survey has been completed by True North and provided with this submission. 3. Geologist: The existing structure is planned to remain (footprint/foundation), therefore, a geologic study or report isn’t necessary for this submission. Prior to construction of the new residence, a geologic report will be obtained after demolition. 4. Wildlife Expert: There will be only minimal impact to the lot, as the existing structures are remaining in place with the exception of a re-design for the garage/workshop/work studio into a secondary dwelling unit. There will be no increase in the size of the garage, which will limit the number of people and vehicles using the unit. 5. Water Supply Expert: A pump test was performed by J & M Pump, Inc on October 19, 2021. The water was tested for contaminants by John C. Kephart & Co. on October 19, 2021. This information is attached as part of this submission. 6. Vegetation Management: There will be no alteration of the existing vegetation on site, as the proposed secondary dwelling unit will be constructed within and existing structure/footprint. 7. Other: Architects and Structural Engineers have been retained to provide the required services necessary to submit the project for a building permit. ARTICLE 7 OF THE LAND USE CODE: 7-101: The proposed development is consistent with the zoning for this property. The existing residence will be demolished and replaced. The existing garage/loft building will be modified to create a livable space that can serve as a caretaker unit or apartment. 7-102: The proposed development & land use change meets the general conformance with the County’s comprehensive plan through the application for additional housing. 7-103: The proposed development consists of an existing structure that will remain and be modified. No additional structure is intended to be constructed. The existing residence will be demolished and a new residence will be constructed in its place. The compatibility of the nature, scale and intensity remains similar to what currently exists. 7-104: The current property is served by a well, and there is the availability to drill another well on the property (See Zancanella’s report). 7-105: The central water distribution currently exists and will remain with additional water resources as spelled out in Zancanella’s report. The current OWTS system is being inspected & evaluated for use by the proposed garage/loft (secondary dwelling unit). A new OWTS system has been designed to accommodate the future residence and the secondary dwelling unit will tie into the new system. The current system will remain in use until the new residence and septic system is constructed. The closet public central water and sewer lines are over 790’ from the closest property line. 7-106: The existing structure has utilities to and in the structure. The electric service is adequate for the proposed secondary dwelling unit. The electric service will be evaluated for adequacy of the future residence. This also applies to the gas service. 7-107: The existing access and roadways have been existing since the construction of the existing house back in 1969. The use as a residential parcel is not changing, and the drive is adequate and meets the standards set forth in this section. The entry onto the County Road was just improved within the last year by Gould Construction and Garfield County (photos provided, Item 20a, 20b & 20c). The current drive has been serving the Garage/Hobby/Studio which was illegally used as an ADU in the past. Therefore, the existing conditions have been used prior, just as they are now, and being legally planned for use. A waiver from this standard is submitted (Item 11) 7-108: There are no natural hazards associated with the site, and the existing garage/loft structure is remaining ‘as is’. 7-109: The proposed change of use doesn’t require fire protection beyond the current building code requirements. The fire department was contacted and has reviewed the site and submission prior, and has provided a ‘will serve letter’ (item 19 in Table of Contents). 7-201: This section is not applicable. 7-202: This section is not applicable, as the secondary dwelling unit will be within an existing footprint. 7-203: The secondary dwelling unit complies with the distance to waterbodies, and is existing and will remain. The proposed future residence is proposed to be more than 35’ from the ‘high water mark’. 7-204: The civil engineer has provided a grading and drainage plan that addresses the area of and around the proposed future residence. The secondary dwelling unit does not affect the grading and drainage, as it will be contained within and existing structure. 7-205: This section is not applicable due to the type of proposed development/re-development of the existing land. 7-206: This section is not applicable due to the proximity and existing status of the proposed development. 7-207: This section is not applicable, as the proposed change of use is within a current structure and the proposed future residence does not fall under any of the categories in this section. 7-208: Any and all modifications to the OWTS system will require revegetation to these areas. This will be done to blend in with the existing adjacent vegetation. A landscape plan and revegetation schedule/notes will be submitted when the new OWTS system is submitted for permitting. 7-301: The proposed development will be within an existing compatible structure. The future residential replacement will be a 1 story structure (2 story residence exists) that takes advantage of the river and surrounding views. 7-302: The required parking for this change of use is exempt as a secondary dwelling unit, along with a single family residence. However, the existing garage/loft will maintain the garage space, which will accommodate 1 car within the garage and 1 in front of the garage. 7-303: The majority of the current landscaping is intended to remain as is and without any changes. When the existing residence is demolished and the future residence is permitted, a landscape plan will be submitted. 7-304: All new lighting will comply with this section of the land use code. The majority of the exterior lighting already exists, but will likely be changed/upgraded. 7-305: This section is not applicable. 7-306: This section is not applicable. Divisions 4 – 6 of Article 7 have been reviewed and they do not apply to this project. 7-701.B: 1) The proposed SDU will have 1485sf (500sf @ M.L./985sf @ U.L.) of livable square footage, which is less than the 1500sf maximum allowed for a parcel less than 4 acres (2.326 acres). 2) The SDU will be occupied by the property owner’s and will maintain a leasehold interest in the SDU. 3) All construction will be in compliance with local and state building codes. 4) The minimum lot size for an SDU of 2 acres has been met (2.326 acres exists). 5) Only one SDU is allowed and will exist on the said property. 7-702 through 7-707: These sections are not applicable to this project Divisions 8 – 11 of Article 7 have been reviewed and they do not apply to this project. Please feel free to contact me with any questions. Respectfully submitted, Brad Jordan Brad Jordan Principal Architect Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GW63017915-2 Date: 10/12/2021 Property Address:180 COUNTY ROAD 109, GLENWOOD SPRINGS, CO 81601 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closers Assistant Closing Processor Jessica Reed 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 930-9815 (Work) (800) 318-8206 (Work Fax) jreed@ltgc.com Contact License: CO299243 Company License: CO44565 Desi Kirkpatrick 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (800) 318-8206 (Work Fax) dkirkpatrick@ltgc.com Company License: CO44565 Jordan Thomas 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (800) 318-8206 (Work Fax) jthomas@ltgc.com Company License: CO44565 For Title Assistance Land Title Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodresponse@ltgc.com Buyer/Borrower STEPHEN JAMES MARCHESE & JONI ANN MARCHESE Delivered via: Electronic Mail Agent for Seller COLDWELL BANKER MASON MORSE REAL ESTATE Attention: NANCY EMERSON 0290 HWY 133 CARBONDALE, CO 81623 (970) 704-3220 (Cell) (970) 963-3300 (Work) (970) 963-0879 (Work Fax) nemerson@masonmorse.com Delivered via: Electronic Mail Seller/Owner TROUT POND LLC BY: ERIC FAAS, MANAGER Delivered via: Electronic Mail Lender - New Loan JPMORGAN CHASE BANK, N.A. Attention: CHAI HEEDO 6300 E SPRING ST LONG BEACH, CA 90815 (310) 740-5332 (Cell) (562) 429-4906 (Work) (866) 999-7574 (Work Fax) heedo.chai@chase.com Delivered via: Electronic Mail Agent for Buyer COMPASS Attention: JEFF KELLEY 256 MAIN ST CARBONDALE, CO 81623 (970) 274-0361 (Work) jeff.kelley@compass.com Delivered via: Electronic Mail SURVEYOR TRUE NORTH COLORADO, LLC Attention: RODNEY KISER PO BOX 614 New Castle, CO 81647 rodney@truenorthcolorado.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:GW63017915-2 Date: 10/12/2021 Property Address:180 COUNTY ROAD 109, GLENWOOD SPRINGS, CO 81601 Parties:STEPHEN JAMES MARCHESE AND JONI ANN MARCHESE TROUT POND LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees Owner's Extended Coverage Policy - ALTA Owner's Policy 06-17-06 (For Residential Land) $3,549.00 "ALTA" Loan Policy 06-17-06 Bundled Purchase Loan Rate $825.00 Endorsement 100-06 $0.00 Endorsement ALTA 8.1-06 $0.00 Tax Certificate $0.00 Total $4,374.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 02/05/1999 under reception no. 539944 Customer Ref-Loan No.: 1452475394 Property Address: 180 COUNTY ROAD 109, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 09/20/2021 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: Owner's Extended Coverage Policy - ALTA Owner's Policy 06-17- 06 (For Residential Land) Proposed Insured: STEPHEN JAMES MARCHESE AND JONI ANN MARCHESE $1,650,000.00 "ALTA" Loan Policy 06-17-06 Bundled Purchase Loan Rate Proposed Insured: JPMORGAN CHASE BANK, N.A., ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTERESTS MAY APPEAR $1,320,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE AS TO PARCEL A AND AN EASEMENT INTEREST AS TO PARCEL B 4. Title to the estate or interest covered herein is at the effective date hereof vested in: TROUT POND LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: PARCEL A: A TRACT OF LAND SITUATED IN THE NW1/4 SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITH REFERENCE TO THE NORTH LINE OF SUCH NW1/4, WHICH HAS A BEARING OF N. 89°51'00" W.; THENCE FROM NORTHWEST CORNER OF SUCH NW1/4, A BEARING OF S. 56°33' E. A DISTANCE OF 539.78; THENCE S. 59°12' E. A DISTANCE OF 208.21 FEET; THENCE S. 63°39' E. A DISTANCE OF 394.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE N. 37°20' E. A DISTANCE OF 319.24 FEET TO A POINT IN THE CENTER OF ROARING FORK RIVER; THENCE S. 61°43' E. A DISTANCE OF 41.84 FEET ALONG SUCH CENTER OF THE RIVER; THENCE S. 60°23' E. A DISTANCE OF 289.18 FEET ALONG SUCH CENTER OF RIVER; THENCE S. 37°20' W. A DISTANCE OF 301.02 FEET; THENCE N. 63°39' W. A DISTANCE OF 334 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63017915-2 Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. TOGETHER WITH AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND UNDERGROUND UTILITIES OVER AND ACROSS A ROADWAY NOW EXISTING AND IN PLACE, EXTENDING NORTHWESTERLY FROM THE WEST LINE OF THE PROPERTY DESCRIBED ABOVE TO THE COUNTY ROAD, THE WIDTH OF WHICH EASEMENT SHALL BE THE SAME AS NOW EXISTS, WHICH IS TWELVE (12) FEET MORE OR LESS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63017915-2 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63017915-2 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR TROUT POND LLC, A COLORADO LIMITED LIABILITY COMPANY, STATING UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY; OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF TROUT POND LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. NOTE: ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 38-30-172, C.R.S. AND BE RECORDED WITH THE CLERK AND RECORDER. 2. SPECIAL WARRANTY DEED FROM TROUT POND LLC, A COLORADO LIMITED LIABILITY COMPANY TO STEPHEN JAMES MARCHESE AND JONI ANN MARCHESE CONVEYING SUBJECT PROPERTY. 3. DEED OF TRUST FROM STEPHEN JAMES MARCHESE AND JONI ANN MARCHESE TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF JPMORGAN CHASE BANK, N.A. TO SECURE THE SUM OF $1,320,000.00. NOTE: ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM NO. 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2021 AND SUBSEQUENT YEARS. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. The Owner's Extended Coverage Policy will automatically increase coverage by 10 percent on each of the first five anniversaries of the policy date, at no additional charge. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 508. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 508. 10. TERMS, CONDITIONS AND PROVISIONS OF MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 82-18 RECORDED JANUARY 19, 1982 IN BOOK 590 AT PAGE 955. 12. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 89-034 RECORDED MAY 03, 1989 IN BOOK 753 AT PAGE 541. 13. TERMS, CONDITIONS AND PROVISIONS OF ROAD AND WATER AGREEMENT RECORDED NOVEMBER 20, 1990 IN BOOK 793 AT PAGE 644. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63017915-2 14. EASEMENTS AND RIGHTS OF WAY FOR ROBERTSON DITCH. 15. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63017915-2 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 1 (( Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2395-012-00-123 PREPARED: 2/14/22 PROJECT: Marchese Secondary Dwelling Unit OWNER/APPLICANT: Steve Marchese REPRESENTATIVE: Brad Jordan, Architect PRACTICAL LOCATION: 180 County Road 109, Carbondale, CO 81623 ZONING: Rural COMPREHENSIVE PLAN: Residential Medium (6 – 10 acres per dwelling unit) TYPE OF APPLICATION: Secondary Dwelling Unit, Administrative Review Land Use Change Permit I. GENERAL PROJECT DESCRIPTION The Applicant described their conceptual plans for the property including construction of a Secondary Dwelling Unit. The construction will involve a major remodel of an existing studio/garage structure on the property. The secondary dwelling unit is anticipated to be approximately 1,100 – 1,200 square feet in size. The overall property is 2.3 acres and will be subject to a maximum lot coverage of 15%. A primary residence including well and OWTS infrastructure also exists on the property. The topic of floodplain on the site was discussed and it was noted that the delineation of the floodplain would need to be included on the site plan. If the Secondary Dwelling was located within the floodplain, a Floodplain Development Permit would be required. A copy of the Subdivision Exemption Resolution No. 82-18 that created the Applicant’s lot was provided to the Applicant’s Representative. Requirements from the resolution that building sites be rip-rapped and structures elevated above the 100-year floodplain were noted. 2 Access, including legal access were discussed along with standards contained in Section 7-107. Water Supply Plans and Wastewater Management plans/issues were discussed, and submittal requirements noted. An individual well and OWTS exist on the property and may need upgrading based on the expand use associated with the secondary dwelling unit. Pump testing and water quality testing will be required. Connection to central water and sewer service currently located in County Road 109 in the vicinity of the site was also discussed. The application will also need to address the standards contained in Article 7 including Section 7-701 for Secondary Dwelling Units. These are the standards by which the application will be determined to be a pproved, approved with conditions, or denied. Responses to these items ensures that 1) the applicant has read and understands the standards upon which a determination will be based, and 2) allows the applicant and staff to work through any possible issues early in the application process. An excerpt from the Comprehensive Plan is attached and show s the site in the Residential Medium Future Land Use Category (6- 10 Acres/Dwelling Unit). The current subdivision does not conform with this category, however, the Comprehensive Plan notes that Accessory Dwelling Units are not included in the overall density calculation. II. ADMINISTRATIVE REVIEW PROCESS The review process shall follow the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached flow chart) III. SUBMITTAL REQUIREMENTS – KEY TOPICS • General Application Materials o Signed Application Form o Signed Payment Agreement Form and application fees o Proof of Ownership: copy of deed and copy of title commitment o Names and mailing addresses of properties within 200 feet of the subject property o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorder database and/or Assessors database, memo attached) o A narrative describing the request and related information o Updated Title Commitment and documentation of legal lot creation • A copy of this Pre-Application Summary needs to be submitted with the Application. • Vicinity Map including areas within a radius of approximately 3 miles. • Waiver Request - Improvements Agreement / Development Agreement • Site Plan showing, at minimum, parcel boundary, existing structures, proposed SDU and access, parking, easements, topography, any irrigation ditches, floodplain, and access from the County Road. • Grading and Drainage Plan prepared by a qualified professional. • Impact Analysis – Please respond to the identified impacts in Section 4-203(G) • A waiver from a Traffic Study may be requested, however, basic information on traffic generation needs to be provided to allow Staff review of the request per the waiver criteria 3 • Water Supply Plan - Demonstration of Legal and Physical Water including the well permit, 4-hour pump test and water quality test per Section 4-203(M) or a request to complete the pump test and water quality test if the application is approved . Documentation on legal water including the well permit issued by the Division of Water Resources approved to serve the Secondary Dwelling Unit and the existing primary residence will be required. If a contract with a water conservancy district is proposed a copy of said contract or preliminary approval of said contract needs to be provided. • Wastewater Management Plan – the applicant should submit an analysis from a qualified professional on the adequacy of the existing OWTS to serve the proposed use or plans for installation of a new OWTS. Distance from the nearby central sewer line needs to be provided and if within 400 ft. the Applicant will need to connect to the system or provide information to support a waiver from said requirement. • Contact information for any ditch on the property and plans for mitigating any impacts to ditches including OWTS setbacks. • Responses to Standards described in Article 7, Divisions 1-3. Including zoning compliance and conformance with the Comprehensive Plan. • Responses to Standards for Secondary Dwelling Units, in Section 7-701. • Statement and demonstration of conformance with Section 7-107, Access, and Roadways, specifically conformance with Table 7-107. • Copies of any existing Building Permit and OWTS Permits. Please submit three paper copies and one digital copy of the application. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_ Director Decision with notice ___ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge, Fire Protection District, Garfield County Designated Engineer, Division of Water Resources, Basalt Water Conservation District, Garfield County Vegetation Management, Irrigation Ditch Companies, and County Attorney’s Office. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees 4 c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour) VI. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (in cluding electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE-APPLICATION SUMMARY PREPARED BY: 2/14/22 Glenn Hartmann, Principal Planner Date 5 6 7 8 9 VICINITY MAP COMPREHENSIVE PLAN FUTURE LAND USE MAP Jordan Architecture Inc. PO Box 1031 Glenwood Springs, CO 81602 970-618-6690 email: bradjordanarchitect@gmail.com website: jordanarchitecture.com 17 June 2022 Glen Hartmann Principal Planner RE: Parcel #239501200123 Steve Marchese Secondary Dwelling Unit 180 County Road 109, Carbondale, CO 81623 Glenn, We hereby request a waiver of Submission Standards from Garfield County’s Improvement/Development Agreement. Section 4-203.J Development Agreement A waiver request shall be considered based on the following criteria: 1. The applicant shows good cause for the requested waiver. Response: Due to the size of this project, there will not be any phasing or establishment of vested property rights. 2. The size, complexity, anticipated impacts, or other factors support a waiver. Response: This is a simple residential use that is being modified to incorporate a secondary dwelling unit on the parcel and the size/complexity/impacts are minimal and similar to other single family parcels with secondary dwelling units. 3. The waiver does not compromise a proper and complete review, and…… Response: The application can be properly and completely reviewed without an improvements agreement. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: An improvement agreement is not material to describing the purpose or demonstrating compliance with applicable approval criteria. Section 4-203.K Improvements Agreement A waiver request shall be considered based on the following criteria: 1. The applicant shows good cause for the requested waiver. Response: There will not be any public improvements to this privately owned parcel. 2. The project size, complexity, anticipated impacts, or other factors support a waiver. Response: There will not be any public improvements to this privately owned parcel. 3. The waiver does not compromise a proper and complete review, and……. Response: The application can be properly and completely reviewed without an improvements agreement. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: An improvements agreement is not material to describing or demonstrating compliance with applicable approval criteria. GG S E WPONDWOOD DECKGRAVEL DRIVEWAYWOODFOOTBRIDGEWOODFOOTBRIDGECONCRETEDRIVEWAYSPA12"CMP 12"CMP12"METAL12"PVC-PIPED DITCHIRRIGATIONDIVERSION BOXSHEDSHEDRAISEDPLANTERSCONCRETEDITCHR.R. TIEWALLR. R . T I E W A L L WOOD FENCE W O O D F E N C E W I R E F E N C E CON C R E T E W A L K UPPERWOOD DECKW O O D W A L K W A YROCK COLUMN(TYPICAL) GARAGEONE STORY GARAGEW/ LOFTTWO STORYFRAME HOUSE180 COUNTY ROAD 109STACKED ROCK WALLWIRE FENCE16.5'10. 0 ' 7.0 '4.0'16.0'20. 4 '36.5'37. 4 '24.2'24.2'20.2'28.6'1. 6 ' 1. 6 '9.5'7.3'2. 8 ' 2. 8 '7.1'7.0'2 2 . 4 '31.1'1 4 . 0 '28.4'3 6 . 4 'PARCEL BEXISTING GRAVEL ROADWAY12'± WIDE EASEMENT & R.O.W. INGRESS &EGRESS AND UNDERGROUND UTILITIES(BOOK 793 PAGE 644)OCTOBER 2021EDGE OF RIVERROADWAY ACCESS TOCOUNTY ROAD 109ROARING FORK RIVERTRUE POINT OF BEGINNINGFOUND REBAR & 1-1/2"ALUMINUM CAP LS17488SITE BENCH MARKFOUND REBAR & 1-1/2"ALUMINUM CAP LS17488ELEVATION: 5924.85FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPILLEIGBLE112' WITNESS CORNERFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPW.C. HCE LS1959893' WITNESS CORNERFOUND REBAR & 1-1/2"ALUMINUM CAP LS17488N37°20'E 319.24'S61°43'E 41.84'DEED=S60°23'E 289.18'S60°22'58"E 285.80'S3 6 ° 4 1 ' 4 0 " W 3 0 0 . 5 8 ' D E E D = S 3 7 ° 2 0 ' W 3 0 1 . 0 2 'N63°39'W 334.00'BASIS OF BEARINGS1 1 2 ' 1 2 3 . 5 'APPARENT EASEMENT FOR POWER LINES56°33'E 539.78'NW CORNERSECTION 1FOUND 3-1/4"GLO BRASS CAPS59°12'E208.21'S63°39'E 394.78'38. 0 ' ( T I E )87.2'(TIE)179.9'(TIE)PARCEL A2.326± ACRES9 3 'IRRPUMP4"PVC18 " A D S 593059255920591559105908590759075906590559045903590259 0 1 590559005907590859095910591159085 9 0 9 59095905 FFE5909.505909.95 FF E59 1 0 . 2 2 59 0 9 . 6 9 ZONE B(500-YEAR FLOODPLAIN)BASE FLOODELEVATION 5909.5±(100-YEAR FLOODPLAIN)ZONE A4(100-YEAR FLOODPLAIN)ZONE A4WPOWER POLEGUY ANCHORGAS SERVICEWELLSATELLITE DISHOVERHEAD ELECTRIC LINE SSEPTIC LIDGAS METERGLEGENDSURVEYOR'S CERTIFICATIONSURVEY NOTES:6. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION Q158 HAVING AN ELEVATION OF5961.79.7. CONTOUR INTERVAL EQUALS 1-FOOT.A PARCEL OF LAND SITUATED IN THE NW1/4SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOIMPROVEMENT & TOPOGRAPHIC SURVEY TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-435DATE:December 22, 2021DRAWNRPKSURVEYEDGBL-MANSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY25'12.5'50'SCALE: 1" = 25'NFURNISHED PROPERTY DESCRIPTION:0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.IRRIGATION PUMPIRRPUMPTITLE COMMITMENT EXCEPTION NOTES:FLOOD ZONE NOTES G GSEW POND W O O D D E C K GR A V E L D R I V E W A Y WOOD FOOTBRIDGE WOOD FOOTBRIDGE CO N C R E T E DR I V E W A Y S P A 12"CMP12" C M P 12" M E T A L 12" P V C - P I P E D D I T C H IRRIGATION DIVERSION BOX SHED SHE D RAI S E D PLA N T E R S CONCRETE DI T C H R.R. TIE WALLR.R. TIE WALLWOOD FENCEWOOD FENCEWIRE FENCECONCRETE WALKUPPER WOOD DECKWOOD WALKWAYROCK COLUMN (TYPICAL) GARAGE ON E S T O R Y G A R A G E W/ L O F T TWO STORY FRAME HOUSE 180 COUNTY ROAD 109 ST A C K E D R O C K W A L L WI R E F E N C E 16. 5 '10.0'7.0'4.0 '16. 0 '20.4'36. 5 '37.4'24.2' 24.2'20.2'PARCEL B EXISTING GRAVEL ROADWAY 12'± WIDE EASEMENT & R.O.W. INGRESS & EGRESS AND UNDERGROUND UTILITIES (BOOK 793 PAGE 644) OC T O B E R 2 0 2 1 ED G E O F R I V E R ROADWAY ACCESS TO COUNTY ROAD 109 R O A R I N G F O R K R I V E R TRUE POINT OF BEGINNING FOUND REBAR & 1-1/2" ALUMINUM CAP LS17488 FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ILLEIGBLE 112' WITNESS CORNER FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP W.C. HCE LS19598 93' WITNESS CORNER FOUND REBAR & 1-1/2" ALUMINUM CAP LS17488 N37°20'E 319.24'S6 1 ° 4 3 ' E 4 1 . 8 4 ' DE E D = S 6 0 ° 2 3 ' E 2 8 9 . 1 8 ' S6 0 ° 2 2 ' 5 8 " E 2 8 5 . 8 0 'S36°41'40"W 300.58'DEED=S37°20'W 301.02'N6 3 ° 3 9 ' W 3 3 4 . 0 0 ' BA S I S O F B E A R I N G S 112'A P P A R E N T E A S EM E N T FO R POW E R L I N E S5 6 ° 3 3 ' E 5 3 9 . 7 8 ' NW CORNER SECTION 1 FOUND 3-1/4" GLO BRASS CAP S5 9 ° 1 2 ' E 20 8 . 2 1 ' S63 ° 3 9 ' E 3 9 4 . 7 8 '38.0'(TIE)PARCEL A 2.326± ACRES93'IRR PU M P 4"PVC 18"ADS5 9 3 0 592 5 592 0 5915 591 0590859 0 7 5907 5906 5905 5904 59 0 3 59 0 25901 59 0 5 59 0 0 59075908 5909 5910 5911 59 0 8 590959095905 FF E 5 9 0 9 . 5 0 5909.95FFE5910.225909.69ZO N E B (50 0 - Y E A R F L O O D P L A I N ) BA S E F L O O D ELE V A T I O N 5 9 0 9 . 5 ± (1 0 0 - Y E A R F L O O D P L A I N ) ZO N E A 4 (1 0 0 - Y E A R F L O O D P L A I N ) ZO N E A 4 REVISION DATE DESCRIPTION BY CH'DDRAWN & DESIGNED BY: CHECKED BY: SCALE:DATE:JOB NO: 1 inch = ft. GRAPHIC SCALE 0 FEETFEET 20 20 20 Jordan Architecture Inc. PO Box 1031 Glenwood Springs, CO 81602 970-618-6690 email: bradjordanarchitect@gmail.com website: jordanarchitecture.com 17 June 2022 Glen Hartmann Principal Planner RE: Parcel #239501200123 Steve Marchese Secondary Dwelling Unit 180 County Road 109, Carbondale, CO 81623 Glenn, We hereby request a waiver from Garfield County’s Traffic Study Section 4-203.L Traffic Study A waiver request shall be considered based on the following criteria: 1. The applicant shows good cause for the requested waiver. Response: The property is essentially remaining the same. By converting an existing 1 car garage and studio to a 1 car garage and 2 bedroom secondary dwelling unit, the traffic will primarily remain the same in and out of this parcel. This part of the property was being used as an Accessory Dwelling Unit (illegally) in the past. 2. The size, complexity, anticipated impacts, or other factors support a waiver. Response: This is a simple existing residential use that is being modified to incorporate a LEGAL secondary dwelling unit in an existing building that currently has a garage and art studio, that has been illegally used as an ADU by the previous property owners. The size/complexity/impacts are minimal and similar to other single family parcels with secondary dwelling units. 3. The waiver does not compromise a proper and complete review, and…… Response: The application can be properly and completely reviewed without a traffic study. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Response: A traffic study is not material to describing the purpose or demonstrating compliance with applicable approval criteria. Traffic generation is expected to be the same as it exists. The proposal is to add a livable space in the existing garage/studio, which has been illegally used as an ADU by the previous property owners. The garage will remain for use, as it currently does. When the existing residence and primary garage are demolished, a new residence will be built and will increase from a 2 car garage to a 4 car garage. Therefore in the future, we could see a slight uptick in traffic from what currently exists, but will be minimal considering this is planned as a primary residence for the owner. We hereby request a waiver of Standards from Garfield County’s Access and Roadways. Section 7-107 Access and Roadways A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard. Response: The potential change to the existing property with access will be minimally impacted by this development. The undeveloped parcel along this drive is located next to the County Road, which will allow for expansion along his property if necessary. There is also an irrigation ditch along the South side of the existing drive that runs the length or our property and the adjacent property. 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Response: There will be minimal change from the existing conditions, and only one other property is currently served by the existing drive. J & M Pump Inc. 124 W. 4th Street Delta, CO 81416 Phone: 970-945-6159 Fax: 970-874-5343 Well Test DATE: October 19, 2021 TO: Jeff Kelley RE: 180 County Rd 109, Glenwood Springs, CO 81601 J & M Pump Inc. performed a 4-hour well test at the property listed above. At this time, the following results were obtained: Well Permit #: 21596 Well Depth: 21’ Water Level: 11.08’ measured from top of casing Drawdown To: 15.96’ measured from top of casing Sustained Yield: 13 GPM Clarity: The water was clear throughout the test Recovery: The water level recovered 99% within 15 minutes. Quality Sample: Water sample was taken and submitted to the laboratory for analysis. Robert Cockerham Lic. No 1434 INVOICE Dustall Building LLC Rick Dostal 4860 County road 233 Rifle CO 81650 Cell (970)405-4986 _________________________________________________________________________________________________ INVOICE #4035 Steve Marchessi IronBridge river residence Glenwood Springs CO 81650 This invoice includes all services performed and completed as dated below. A detailed list of below of the labor charges, dates, and/if any materials: Make all checks payable to: Dustall Building Rick Dostal (970) 405-4986 THANK YOU FOR YOUR BUSINESS! Invoices not paid within 30 days of invoice date are subject to additional 10% late Surcharge Description qty Unit Price Amount Scope of work performed Flow test of septic system: Materials Labor 1 1 1450.00 1450.00 TOTAL BALANCE DUE:1500.00 Zancanella & Associates, Inc. March 1, 2022 https://zanda5700.sharepoint.com/zdrive/2021 jobs/21026 marchese/floodplain documents/adu engineering determination.docx Page 1 January 4, 2022 Glenn Hartman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: 180 County Road 109 – ADU Floodplain Engineering Determination Mr. Hartman: After reviewing the FEMA Flood Insurance Study, floodplain base flood elevations, and the improvement survey performed by True North and dated October 13, 2021, we have determined that the ADU is outside of the 100-year flood plain, but within the Zone B 500-year flood floodplain. The current effective study is the October 1985 Flood Insurance Study. The attached “FIRMette” shows the project area on that study (Figure F-1). The attached exhibit (Figure F-2) with the aerial photo background, shows the existing structures with the digital floodplain information received from FEMA in October of 2015, which should be the same in this area. After reviewing this FIS and FIRMette in conjunction with the True North detailed topographic survey, we have determined the base flood elevation for this area. This area is between two determined base flood cross sections, that are 5909 ft and 5910 ft. We have interpolated the data and have determined that the base flood elevation for this property is 5909.5 ft using the NAVD 88 datum. An improvement survey was performed by True North Surveying (Project No. 2021-435, dated 22 Dec 2021) which included finished floor elevations and 1 ft contours. This survey illustrated that the finished floor of the ADU is 5910.22 and the garage finished floor is 5909.95. The improvement survey also illustrated with the contour elevations that the ADU and the separate garage are outside of the 100-year floodplain. With the attached information and the explanation above, we conclude that the two structures listed are outside of the 100-yr floodplain. Zancanella & Associates, Inc. March 1, 2022 https://zanda5700.sharepoint.com/zdrive/2021 jobs/21026 marchese/floodplain documents/adu engineering determination.docx Page 2 Please do not hesitate to contact us with any questions pertaining to this application. Very truly yours, Zancanella & Associates, Inc. Tim Beck for Matthew V. Weisbrod __________________________ Matthew V. Weisbrod, P.E. Attachments Jordan Architecture Inc. PO Box 1031 Glenwood Springs, CO 81602 970-618-6690 email: bradjordanarchitect@gmail.com website: jordanarchitecture.com 29 August 2022 Garfield County Planning Department Attn: Glenn Hartmann/Matt Farrar RE: Marchese Secondary Dwelling Unit Steve & Joni Marchese Parcel #2395-012-00-123 Glenn & Matt, This letter serves as responses to the letter received, deeming the submission as Not Technically Complete. The entire set of documents are being resubmitted, with additions shown in bold italics where possible. 1. The request for waivers has been added to the application form. 2. Both owners have been added to the application form, as well as a revised ‘letter of authorization’ with both owner’s signatures. 3. The Mineral Owner Research document has been completed and added to this submission. However, one of the owner’s cannot be located and presumed deceased, as the document provided was from 1899 and no further information has been located. 4. Attached is a Wasterwater Test/Result (Item 17b), which tested the existing septic system. The existing system is tied to the existing garage/hobby/studio and will only be used for the proposed change of use/SDU when complete. When the proposed primary residence is completed, the new septic system has been designed to accommodate both the primary residence and the SDU. The existing primary residence is not occupied and is scheduled to be demolished. When the new septic system is installed, the existing septic system will be removed from the site. 5. The distance to the nearest central sewer line is over 790’ away from our property line, so we are well past the 400’ noted in the Land Use Code. It has been discussed with my Client’s about connecting into the central sewer line, however, with the extensive distance, it has been decided that this is not practical. There is no need for a waiver due to the distance, per the Land Use Code. 6. You are correct, that this drive serves another residence and another property, and is 12’ in width. The subject 12’ drive has been serving the current properties without issue since the properties were developed, and provide a quaint and private approach to the 3 parcels here. The proposed SDU was permitted as a garage and hobby/studio. a. The previous owner developed the interior of this building with a bedroom and full bath which was used as a rental/caretaker unit illegally. Therefore, we stand by our statement that the property will not increase existing traffic on the drive. The current drive could easily be interpretated as Rural or Semi-Primitive, due to the number of properties served. If this interpretation is used, we would meet the drive width and capacity standards noted in Table 7- 107 of the Land Use Code. The existing drive is an easement through the properties, which qualifies the access as a Semi-Primitive drive (8’ wide/21-100 capacity). The undeveloped lot is much closer to the county road and there is the ability to widen the drive along that property. The fire department has been to the property and evaluated the current situation. A ‘Will Serve Letter’ is provided with this submission, as they are comfortable with the existing conditions. There is also a live irrigation ditch that parallels the drive through our property and the adjacent property. b. The drive intersection at the county road was just improved by the County with Gould Construction (see photos, Items 20, 20a & 20b), which included a stop sign, a bike/pedestrian path, paving, retainage, split rail and additional driving surface at the county road intersection. 7. The narrative has been revised to further address, along with a waiver request noted in the application and Item 15. 8. See item 19, Will Serve Letter from the Carbondale Rural Fire Department. The fire department is aware of the property access and were previously contacted regarding this. 9. See section 7-701.B which has been added to the Project Narrative. 10. The floodplain permit was issued with review of all the existing buildings on site (Item 18a). It was determined that the ‘ADU’ building was not within the floodplain, and converting the said building to a Garage/SDU doesn’t change anything, as there will be no change to the existing footprint. An ADU and SDU are both detached residences. Please feel free to contact me with any questions. Respectfully submitted, Brad Jordan Brad Jordan Principal Architect CBO Inc. 129 Cains Lane Carbondale, CO 81623 970.309.5259 carla.ostberg@gmail.com September 6, 2022 Project No. C1728 Steve Marchese stevejames13@me.com Onsite Wastewater Treatment System (OWTS) Preliminary Planning 4-Bedroom Main House + 2-Bedroom Additional Dwelling Unit (ADU) 180 CR 109 Garfield County, Colorado Steve, CBO Inc. performed a subsurface investigation and completed a preliminary onsite wastewater treatment system (OWTS) design for the subject residence. The 2.339-acre property is located outside of Carbondale, in an area where OWTSs and wells are necessary. Legal Description: Section: 1 Township: 7 Range: 89 A TR. IN NW1/4 Parcel ID: 2395-012-00-123 SITE CONDITIONS A 3-bedroom residence and 2-bedroom ADU are currently developed on the property. Both are served by an existing OWTS. No records on this OWTS were available from Garfield County. The existing OWTS will be replaced with the OWTS described in these design documents. The existing 3-bedroom residence will be demolished and replaced with a new, 4-bedroom Main House. The existing 2-bedroom ADU will remain. The residences will be potable water from private wells on the property. There is an existing well in the northeast corner of the property. The well is located at least 50-feet from the proposed septic tanks and at least 100-feet from the proposed soil treatment area (STA). Any future well must also meet these setback requirements. A ditch flows to the south of the existing driveway. The ditch must be at least 50-feet from any OWTS component or it must be lined or placed in a culvert. The Roaring Fork River runs along the northern portion of the property. No OWTS component will come within 50-feet of the river. The existing pond and stream on the property will be abandoned with construction of the new residence. The proposed soil treatment area (STA) location is relatively flat. The proposed area is south of the proposed Main House. We recommend discontinuing or limiting irrigation in this area once the new STA is installed. Page 2 There should be no traffic or staging of material over the future STA site to avoid compaction of soils prior to construction of the STA. SUBSURFACE The subsurface was investigated on May 27, 2022 by digging two soil profile test pit excavations (Test Pits). A visual and tactile soil analysis was completed by Carla Ostberg at the time of excavation.1 The materials encountered in Test Pit #1 consisted of medium brown topsoil to 2.0-feet, underlain by light brown sand and cobbles to maximum depth explored of 5.0-feet where groundwater was encountered. The materials encountered in Test Pit #2 consisted of dark brown topsoil to 1.0-foot, underlain by medium brown sand and cobbles to maximum depth explored of 5.5-feet where groundwater was encountered. The ditch to the south was running at the time of our subsurface investigation. STA sizing is based on R-0, Sand with rock content greater than 35%. A partially mounded, pressure- dosed, unlined sand filter with a minimum of 3-feet of sand filter material (Secondary Sand) is proposed. A long term acceptance rate (LTAR) of 0.8 gallons per square foot will be used to design the OWTS. Test Pit #1 1 Carla Ostberg holds a Certificate of Attendance and Examination from the CPOW Visual and Tactile Evaluation of Soils Training. Page 3 Backfill Single-grain (sand) Test Pit #1 Ditch to the south Page 4 Groundwater in Test Pit #1 at 5 feet Test Pit #2 Backfill Page 5 Groundwater at 5.5-feet in Test Pit #2 DESIGN SPECIFICATIONS The existing septic tank will be pumped and removed. The existing STA will be abandoned in place or removed as part of the Main House excavation. Design Calculations: Main House = 75 GPD x 2 people/bedroom x 3 Bedrooms + 75 GPD (4th Bedroom) = 525 GPD ADU = 75 GPD x 2 people/bedroom x 2 Bedrooms = 300 GPD Design Flow = 825 GPD Tank Capacity = Min. 1750 gal + capacity for pump LTAR = 0.8 GPD/SF 825 GPD / 0.8 GPD/SF = Min. 1031.25 SF Page 6 The new OWTS design is based on 4-bedrooms in the proposed Main House and 2-bedrooms in the existing ADU. An average daily wastewater flow of 825 GPD will be used. The proposed system design will include a 1000-gallon, two-compartment septic tank to serve the ADU. A 1500-gallon, two-compartment Valley Precast concrete septic tank with an Orenco® pumping system in the second compartment of the septic tank will be installed to serve the Main House. Effluent will be pressure dosed through a 1.5-inch diameter pump line to a partially mounded, unlined sand filter. The sand filter will be divided into two beds, each 12’ x 43’ with some room between beds for plumbing for a total approximate length of 88-feet. Please call with questions. Sincerely, CBO Inc. Carla Ostberg, MPH, REHS