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Home My WebLink About1.0 ApplicationAPPLICATION Conditional Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Base Fee: $250.00 Submittal Date: July 16, 2001 Applicant: Los Amigos Ranch Partnership (c/o Lawrence R. Green, Esq.) 818 Colorado Avenue Address of Applicant: Glenwood Springs, CO Telephone: (970) 945-6546 Conditional Use Being Requested: Home Occupation (Homeowners Associat ion and Developer Administrative Offices) Zone District: Single Family Residence, Size of Property: 3.786 + acres Los Amigos Ranch PUD Application Requirements: These items must be submitted with the application 1OI'E: ***Please sul mit three (3) ODMPLETE sets of application & supporting information at submittal. 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3, detailing the impact of the proposed, conditional use. The consideration of this proposed Conditional Use will require at least one (1) public meeting, for which public notice may not be required. However, in the discretion of the Board of County Commissioners, the consideration of this proposed Conditional Use may require at least one(1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning the public meeting hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The information contained withirl,t1yis a Applica dr/i/1/40 ** (additional ..•ies of application & attachments will be necessary when application goes before the Board of County Commissioners and/or Planning Commission) lication is complete and correct, to the best of my knowledge: foo/ Date: STATEMENT OF PLANS FOR PROPOSED CONDITIONAL USE The Applicant is seeking a conditional use permit to use a portion of an existing garage building as the location for a home occupation. The subject real property, Lot 5, Los Amigos Ranch Subdivision No. 2, Filing No. 1 ("Subject Property"), is owned by Los Amigos Ranch Partnership ("LARP"). LARP acquired the Subject Property in 1978 and for at least the last 23 years the subject property has been improved with a single family residence and an outbuilding which has historically contained a garage and a office. Until recently, the single family structure was the home of Greg Boecker, Los Amigos Ranch PUD Project Manager. Mr. Boecker has now moved to a new residence on another lot within Los Amigos Ranch. The residence on the property will now be used by Mr. Boecker and/or Tom Neel the Managing Partner of LARP. The Subject Property will not be sold nor will the residence be rented to any third party. The garage building is approximately 1,300 square feet in size. For at least the last 8 years, approximately 600 square feet of the garage has been continuously used as the administrative offices for LARP and the Los Amigos Ranch Homeowners Associations. No sales activities have taken place in or from this office. The Applicant desires to improve the garage by the addition of an interior partition and a bathroom. In response to the Applicant's building permit application, Garfield County Building and Planning Department advised the Applicant that the use of the garage as an office was inconsistent with the existing zoning. The Subject Property lies within a single family residential zone district of the Los Amigos Ranch PUD which allows a home occupation as a conditional use. The within application is therefore submitted to bring the use of the garage as an administrative office into technical compliance with the provisions of the applicable zone district. The following information is provided in response to the paragraphs of the Conditional Use Permit Application form: 1. As stated above, approximately 600 square feet of a 1,300 square foot detached building will be utilized as a home administrative office. Use of the office will be from approximately 8:00 a.m. to 5:00 p.m. on weekdays, plus occasional "catch-up hours" on weekends. The number of vehicles accessing the site on weekdays will vary from two to six vehicles per day. The vast majority of visits will consist of brief drop -ins by resident homeowners or builders within Los Amigos Ranch PUD. The number of vehicles accessing the site on weekend days will vary from zero to three. 2. Water service to the outbuilding will be provided by Red Canyon Water Company and monthly usage is estimated to be approximately 1,000 to 1,200 gallons per month. Central sewage treatment will be provided by Spring Valley Sanitation District. Letters from Red Canyon Water Company and Spring Valley Sanitation District confirming that they can and will provide their respective services to the outbuilding are attached. 3. & 4. A vicinity map, plat map, and an aerial photograph showing existing structures on the Subject Property are attached: 5. A copy of the assessor's map showing all adjacent properties to the Subject Property, together with a list of the names and addresses of the owners of adjacent properties, are attached. Statement of Plans for Proposed Conditional Use Los Amigos Ranch Partnership Page 2 of 2 RED CANYON WATER COMPANY 2929 County Road 114 Glenwood Springs, CO 81601 (970) 945-6399 Mark Bean, Director Garfield County Building & Planning Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Service to 0136 Pinon Drive Dear Mr. Bean: July 2, 2001 I am writing on behalf of Red Canyon Water Company, the management company for the water system owned by the Elk Springs Homeowners Association, Inc.. The property at 0136 Pinon Drive lies within the Los Amigos Ranch PUD and both the residence and the garage are currently served by the Company. The Company can and will provide water service to the home office proposed by Los Amigos Ranch Partnership. If you have any questions please contact me. (s C2,p._4,-- Greg S. Boecker Secretary, Red Canyon Water Company Spring Valley Sanitation District c/o Leavenworth & Karp, P.C. P.O. Drawer 2030 1011 Grand Avenue Glenwood Springs, CO 81602 (970) 945-2261 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Commitment to serve: 0136 Pinion Drive. Dear Mr. Bean I'm writing on behalf of the Spring Valley Sanitary District regarding the proposed home occupation office and bathroom to be located in conjunction with the residence at 0136 Pinion Drive. This property is located within the boundaries of the Spring Valley Sanitation District and the residence currently is served by the district. I am writing to advise you that the district can and will provide waste water treatment service to the home occupation office and bathroom proposed by the owner of the property. If you have any questions feel free to contact me. Very truly yours, SPRING VALLEY SANITATION DISTRICT reg Boecker President LEL:arw cc: Board of Directors cc: Loyal E. Leavenworth 1:120011CIients\S VSD11-Genera1\Letters-Memos\SVSDcoL&KLetter.wpd (\\),l1! i IIS 1 � II \1� a S9 '? �_ II o n „J / /Fogg /f .---6200—�_ - 00 / A ti .J� List of Landowners Adjacent to 0136 Pinon Drive, Glenwood Springs, Colorado Legally Described as Lot 5, Subdivision II, Filing 1, Los Amigos Ranch PUD Louis & Suzanne Eller 0127 Los Amigos Drive Glenwood Springs, CO 81601 Paul & Carlota Klimas 13705 Indian School Road NE Albuquerque, NM 87112 Los Amigos Ranch Partnership C/O Thomas E. Neal 141 W Jackson Blvd., Ste 1720 Chicago, IL 60604 Elk Springs Homeowners Association, Inc. 2929 County Road 114 Glenwood Springs, CO 81601 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW236519-2 Schedule A Cust. Ref.: Property Address: 1. Effective Date: June 15, 2001 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LOS AMIGOS RANCH PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP 5. The land referred to in this Commitment is described as follows: LOT 5 LOS AMIGOS RANCH SUBDIVISION NO. 2 FILING NO. 1 ACCORDING TO THE PLAT RECORDED AS RECEPTION NO. 353877 COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT (Requirements) Our Order No. GW236519-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT (Exceptions) Our Order No. GW236519-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights of claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1917, IN BOOK 92 AT PAGE 306 AND RECORDED FEBRUARY 18, 1952 IN BOOK 263 AT PAGE 169 AND RECORDED APRIL 3, 1923 IN BOOK 112 AT PAGE 568 11. EXCEPTING AND RESERVING ALSO, TO THE UNITED STATES, PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT. 755), ALL URANIUM, THORIUM OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS WHETHER OR NOT OF COMMERCIAL VALUE, TOGETHER WITH THE RIGHT OF THE UNITED STATES THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE LAND AND PROSPECT FOR, MINE AND REMOVE THE SAME (AFFECTS LOTS 3, 4, 5 AND 8, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN). 12. TERMS, CONDITIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED JULY 11, 1979 IN BOOK 531 AT PAGE 325. ALTA COMMITMENT (Exceptions) Our Order No. GW236519-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. EASEMENTS AS GRANTED TO TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED AUGUST 13, 1959 IN BOOK 319 AT PAGE 446 AS RECEPTION NO. 206401. 14. TERMS, CONDITIONS, AND OBLIGATIONS AS SET FORTH IN GARFIELD COUNTY RESOLUTION NO. 79-15 RECORDED JULY 10, 1979 IN BOOK 531 AT PAGE 250. 15. TERMS AND CONDITIONS OF THE ARTICLES OF PARTNERSHIP OF LOS AMIGOS RANCH PARTNERSHIP RECORDED JANUARY 30, 1980 IN BOOK 543 AT PAGE 16 AS RECEPTION NO. 301283 AND RECORDED DECEMBER 5, 1990 IN BOOK 794 AT PAGE 403 AS RECEPTION NO. 419340. 16. EASEMENTS AND RIGHTS OF WAY AS SET FORTH IN INSTRUMENT RECORDED MARCH 19, 1971 IN BOOK 417 AT PAGE 600 AS RECEPTION NO. 249249 17. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED MARCH 05, 1980, IN BOOK 544 AT PAGE 769 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 21, 1980, IN BOOK 545 AT PAGE 536 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 12, 1984, IN BOOK 661 AT PAGE 255 AND RE-RECORDED DECEMBER 28, 1984 IN BOOK 661 AT PAGE 964, AND COUNTY RESOLUTION 84-123 RECORDED JULY 10, 1984 IN BOOK 652 AT PAGE 676 18. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED MARCH 05, 1980, IN BOOK 544 AT PAGE 733 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 05, 1980, IN BOOK 544 AT PAGE 764 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 18, 1991, IN BOOK 799 AT PAGE 48 AND RECORDED NOVEMBER 13, 1992 IN BOOK 847 AT PAGE 190 19. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF LOS AMIGOS RANCH SUBDIVISION NO. 2, FILING NO. 1 RECORDED JULY 10, 1984 AS RECEPTION NO. 353877. 20. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED AND ANY, ALL IN BOOK APRIL 4, 1991 IN BOOK 799 AT PAGE 812 AS RECEPTION NO. 421649. AT PAGE . 21. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO TO ROCKY MOUNTAIN NATURAL GAS ALTA COMMITMENT (Exceptions) Our Order No. GW236519-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: COMPANY IN INSTRUMENT RECORDED MAY 12, 1995 IN BOOK 940 AT PAGE 516 AS RECEPTION NO. 477980 AND IN BOOK 1144 AT PAGE 891. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) 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. 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 3-5-1, Paragraph C of Article VII 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: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) 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. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the 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. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: * Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. * Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Form PRIV.POL.ORT 07/16/2001 13:14 970-945-6399 07/16/01 14:24 $87^ B45 8768 LARRY GREEN ELK SPRINGS Los AMIGOS RANCH PARTNERSHIP 2829 County Road 114 Glenwood 8pringe, CO 81601 Phone: (970) 8454369 PAGE 01 1002 July 16, 2001 Garfield County Building and Planned Department 109 8t Street, Suite 303 Glenwood Springs, CO 81601 Dear Madam or Sir: Our attorney, Lawrence R. Green ofBalcomb & Green, P.C., Glenwood Springs, Colorado, is hereby authorized to act on our behalf of Los Amigos Ranch to submit and prosecute an Application for Conditional Use Permit (home occupation), for Lot 5, Los Amigos Ranch Subdivision No. 2, Filing No. 1. matter. Please do not hesitate to contact the undersigned if you have any questions regarding this Sincerely, LOS AMIGOS RANCH PARTNERSHIP By: . Boecker, Project Manager