HomeMy WebLinkAboutRestricted DocumentationGlenn Hartmann
From: Carey Gagnon
Sent:
To:
Tuesday, March 06, 2012 6:34 PM
Glenn Hartmann
Cc: Fred Jarman
Subject: Welles ADU (GAPA 7155)
Glenn:
You asked me to review this application for any legal issues affecting a technical completeness determination.
Ownership -I only had one page of the Warranty Deed in my packet, so I pulled it up on-line. It sufficiently
demonstrates ownership, but the "final" application should include all pages of it.
Statement of Authority-Since the property is owned by individuals and not an entity, it is not necessary for them to
include a "Statement of Authority" as we understand it. Instead, I am going to treat the SOA they provided as the letter
authorizing Steven Novy and Green Line Architects to process this application on their the Welles' behalf. Which means
that there are no issues with authorization. /
Title Policy/ Access -Schedule B references a BOCC Resolution No. 1984-73, recorded on April 24, 1984. I cannot locate
this document in Eagle Recorder, but I'd like to know if it pertaTriS'ataiitothis present request. Also, the Title Policy
references an access easement described in the Deeds at Reception Nos. 276571 and 292893. I expect that these will
demonstrate legal access to the property, but I'll need to see the Deeds to confirm this.
Mineral Ownership -The applicant did include the results of a mineral rights search "in the area." Would you please
confirm with the applicant that they did not locate any information on mineral rights ownership affecting th,g subject Jf:-property? I'm assuming their search included the applicants' property-but since the list references "not likely within
'20oTe;;t of the subject property" I just want to make sure they know the purpose of the search isn't to locate mineral
rights owners adjacent to their parcel.
Adequate Legal Water-On preliminary review, they have an adequate proposed legal supply of water for the ADU. The
water will come from a permitted and augmented well on the neighboring parcel (also owned by the Welles per the
Deed submitted with the application) which is allowed to serve 2 single-family dwelling units. What we don't have are a
site plan that shows the water delivery lines from this well, the easements on the adjoining parcel, or any information on
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"!)ow tha~}(Y~.!L!~--~i11gy_;;ed (is it already serving one or more residences on the neighboring parcel?). Also, I'm glad that
the applicant has started to take the steps necessary to get Well Permltiiio. 43011-FTntheli'ilelleS' name; I'd like to
require that they provide a copy of the name change confirmation once it is received. In addition, the Wells Sharing
Agreement will need to be recorded -but this can be accomplished through a condition of approval.
Finally, you did a really nice job on the pre-application conference summary. I thought it provided a great road map for
the applicant to follow.
Please let me know if you have any questions.
Thank you,
Carey
Carey Gagnon
Assistant County Attorney
Garfield County Attorney's Office
108 Eighth Street, Suite 219
1
Glenwood Springs, CO 81601
Phone: 970-945-9150
Fax: 970-384-5005
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2
February 28, 2012
Carey Gagnon
Assistant County Attorney
108 ath Street #219
Glenwood Springs, CO 81601
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Welles Accessory Dwelling Unit -Administrative Review
(File No. GAPA-7155)
Dear Carey:
Attached for your files and for your review is a General Administrative Permit
Application for an Accessory Dwelling Unit, submitted by Sondra and Peter Welles.
The 13.51 acre site is located at 5343 County Road 100, approximately 4 miles
northeast of the Town of Carbondale. The site is also known by Assessor's Parcel No.
2393-251-00-151.
We are initiating our technical compliance/completeness review and look forward to
your assessment of any legal issues including ownership, mineral rights, authorization
to represent, and related concerns.· Please provide your comments and input by March
ath if possible. Thanks for your assistance in the initial review and processing of this
Application.
Sincerely,
Glenn Hartmann
Senior Planner
Garfield County, Colorado
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 •Fax: (970) 384-3470