HomeMy WebLinkAbout2.0 Restricted InformationFebruary 14, 2014
Kelly Cave
Assistant County Attorney
108 at11 Street '#219
Glenwood Springs, CO 81601
Garfield County
Community DevelOpment
108 8th Street, Suile 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax : 970-384-3470
RE : Ertl Atlas Tower Land Use Change Permit Amendment
(File No. LPAA-7812)
Dear Carey:
Attached for your files and for your review is an Application for a Land Use Change
Permit Amendment. The Application is submitted by Atlas Tower USA LLC associated
with plans for a telecommunication tower on property owned by Jann Ertl. The Land
Use Change Pennit was issued for the proposal and the Applicant wishes to use a
different electric service extension alignment The proposed use is located on property
known by Assessor's Parcel No. 2175-241-00-032.
We are initiating our completeness review and initial consideration as to whether the
proposal meets the minor modification standards contained in Section 4-106 . Please
review any legal issues including ownership and authorization to represent. Please
provide your comments and input by February 21st or as soon as your schedule permits.
Thanks for your assistance in the review and processing of this Application .
Sincerely,
Glenn Hartmann
Senior Planner
Garfield County Community Development Department
Glenn Hartmann
From: Kelly Cave
Sent:
To:
Thursday, February 20, 2014 8:37 AM
Glenn Hartmann
Subject: Ertl Atlas Tower Land Use Change Permit Amdt-LPM-7812
Glenn,
You asked me to review the Application for a Land Use Change Permit Amendment to review legal issues including
ownership and authorization to represent.
Ownership
Jann Ertl does own the property per the Warranty Deed recorded as Reception No. 705758.
Authorization
The applicant refers to the prior authorization letter submitted in the first application. I would like to review this letter.
The applicant also references section 9{c) of the lease. This section of the Lease is very broad and does not specifically
state what parcel of land the tenant is authorized to pursue permits for. Also, the Lease is not well written since the
parent property (Exhibit 1) is not consistent with the vesting deed and it fails to include an Exhibit 2 which describes the
Premises leased. As such, I would rely on the authorization letter rather than the Lease.
Please let me know if I can be of any further assistance.
Thanks,
Kelly
Kelly Cave
Assistant G arfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Telephone: (970) 945 -9150, ext. 173 5
Fax: (970) 3 84-5005
Email: kcave@garfield -county.com
CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of
the individual or entity to which it is addressed. The information contained herein may include protected or otherwise
privileged information. Unauthorized review, forwarding, printing. copying , distributing, or other use of such information is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying
to this message and delete the email without further disclosure. Thank you .
l
Glenn Hartmann
From: Kelly Cave
Sent:
To:
Friday , February 21 , 2014 9:55 AM
Glenn Hartmann
Subject: RE : Ertl Information
Thanks Glenn. The authorization is sufficient.
Kelly Cave
Assistant Garfield County Attorney
Telephone: (970) 945-9150 1 ext. 1735
Email: kcave@garfield ·county.com
CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended
solely for the use of the individual or entity to which it is addressed. The information
contained herein may include protected or otherwise privileged information.
Unauthorized review, forwarding, printing, copying, distributing, or other use of such
information is strictly prohibited and may be unlawful. If you have received this message
in error, please notify the sender by replying to this message and delete the email without
further disclosure. Thank you.
-----Original Message-----
From: Glenn Hartmann
Sent: Friday, February 21, 2014 9:53 AM
To: Kelly Cave
Subject: Ertl Information
Hi Kelly: Attached are the authorization letters from the original Ertl -Atlas Tower
Application/File reviewed by Molly. I've added them to the current file. Thanks again for
your review and comments. Glenn
Glenn Hartmann
Community Development Department
1