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Home My WebLink About1.0 ApplicationGarfield County PAYMENT AGREEME NT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANr') ----------- _C_a_rb_o_nd_a_l_e_G_l_e_n_L_o_t_E_-8_,,:.....L_L_C ________________ agree as follows: 1. The Applicant has submitted to the County an ap plication for the fo llowing Project: __ _ Variance Application for 60 Puma Court, C a rbondal e, C O 8 1623 2. The Applicant understands and agrees that Garfield County Resolution No . 98-09, as amended, establishes a fee schedule for each type applicat ion, and the guid elines forthe administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope· of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Appl icant agrees to make payment of the Base Fee, est ablished for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulti ng service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee . If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all f ees related to this application: Billing Contact Person:_T_im_T_h_u_ls_o_n _________ Phone: ( 970 ) 945-6546 Billing contact Address: 818 Colorado Avenue City: Glenwood Springs State: CO Zip Code: _8_1_6_0_1 __ _ : Robert Shapiro, Manager of Carbondale Glen Lot E-8, LLC September 12, 2014 (Signature) (Date) Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfleld-county.com •· D Administrative Review Development in 100-Year Floodplain ------;-~---~ D Limited Impact Review Development in 100-Year Floodplain Variance D Major Impact Review Code Text Amendment D Amendments to an Approved LUCP Rezoning DUR OMIR D SUP D Zone DistrictD PUD D PUD Amendment D Minor Temporary Housing Facility D Administrative Interpretation D Vacation of a County Road/Public ROW D Appeal of Administrative Interpretation D Location and Extent Review D Areas and Activities of State Interest ·~-~~~~--+---~~~~~~-~-~~~~~~ D Comprehensive Plan Amendment D Accommodation Pursuant to Fair Housing Act D Major D Minor D Pipeline Development Iii Variance D Time Extension (also check type of original application) Owner/Applicant Name: Carbondale Glen Lot E-8, LLC Phone: ( 818 ) 366-6300 MalllngAddress: 14225 Ventura Blvd., Suite 100 City: Sherman Oaks State: CO Zip Code: _9_1_4_2_3 ____ _ E-mail: bobshap1@aol.com Representative (Authorization Required) I Name: Balcomb & Green, P.C., c/o Tim Thulson, Esq. Phone: ( 970 ) 945-6546 MalllngAddress: 818 Colorado Avenue City: Glenwood Springs State: CO Zip Code: _8_1_6_0_1 ____ _ E-mail: tim@balcombgreen.com Project Name: 60 Puma, Carbondale Assessor's Parcel Number: 2391_ __ -203 __ -01_-008 __ Physical/Street Address: 60 Puma Court, Carbondale, CO 81623 I Legal Description: Lot E-8, Aspen Glen Filing No. 1, according to the plat thereof recorded I April 6, 1995 a~ Rec~ption No. 476330. _ I Zone District: Residential Property Size (acres): _0_·.5_34 _____ =-J Rimii N Existing Use: Single Family Residential Proposed Use (From Use Table 3-403): _s_in.;;...gle_F_a_m1_.1y_R_es_l_de_n_lia_1 ______________ _ Description of Project: _Se_e_A_tta_ch_ed_. _______________________ _ I Submission Requirements D The Appli cant requesting a W aiver of Subm iss ion Requirements per Section 4-202. List : Sect ion: Section:-------------- Sect ion: _____________ Section:-------------- 1-------- Waiver of Standards D The Ap plicant is request ing a Waiver of Standards per Section 4-118. List : Section: Section:-------------- Sect ion : Section : -------------.,---------------- I have read the state r correct and acfurate Signature of ve provided the required attached information which is wledge. Septe mber 12, 2014 Date Fee Paid:$ ___________ _ I File Number: ____ • ___ _ ---------------~· NARRATIVE STATEMENT The facts relevant to this application are as follows: Pursuant to contract dated, January 30, 214, the Applicant, Carbondale Glen Lot E-8, LLC entered into contract with Mountainview Construction Services, LLC (“Mountainview”), as the general contractor for the construction of a single family home upon Aspen Glen Filing 1, Lot E- 8. Pursuant to said contract, construction of the home was initiated in the spring of 2014. In the course of construction, Mountainview, in order to address certain drainage issues and to correct an apparent bust in the approved construction plans, engaged the project architect in certain modifications to the plans which increased the height of the house approximately 30” above that allowed under the Aspen Glen PUD zone text. Although required by contract to do so, Mountainview did not seek or obtain as required, approvals for this change from the Applicant, the Garfield County Building Department or the Aspen Glen Design Review Committee; but rather, constructed the home as so redesigned. On August 29, 2014 and pursuant to posting at the jobsite, Mountainview was served a Stop Work Order by Garfield County. At this time, framing was complete and the home was dried-in. Applicant is exploring the options available to cure this zoning bust in the event this application is denied. To date none have been identified other than removing and rebuilding the entire structure from the second story on up. Simply stated, this would be a very expensive remedy. In light of the significant costs or hardship instant to curing this issue mechanically (rebuild) and to allow all parties to avoid what will necessarily devolve into protracted litigation, Applicant has requested the within variance. Applicant submits that approval is warranted given: 1. Applicant reasonably relied upon Mountainview to construct the home in a manner consistent with the approved plans and as such, the basis for this variance request did not result from the actions of the Applicant; and 2. The home is surrounded on all sides by Lots owned by the Applicant, does not impact any view corridors, will regardless, need to receive approval from the Aspen Glen Design Review Committee – the entity charged with protecting the interests of the impacted community -- and as such, will not adversely impact any public interest; PROPERTY OWNERS WITHIN 200 FEET 2393-203-01-007 Mark A. Schnurr 2397 Greensborough Drive Highlands Ranch, CO 80129 2393-203-01-006 Tarek L. Nabli Steven & Jennifer Pal 17 Rocky Mountain Coto de Caza, CA 92679 2393-204-04-025 Wisdom Maturity Revocable Trust c/o Roger Willbanks P.O. Box 5793 Denver, CO 80217-5793 2393-204-04-020 D20, LLC 122 Crown Mountain Drive Basalt, CO 81621 2393-204-04-018 2393-204-04-019 2393-204-03-001 Carbondale Glen Sweetgrass Vista, LLC 14225 Ventura Blvd., Suite 100 Sherman Oaks, CA 91423 2393-204-01-005 John D. and Brenda Bell 403 Diamond A. Ranch Road Carbondale, CO 81623 2393-204-01-004 Steve and Mary Nast 0463 East Diamond Ranch Road Carbondale, CO 81623 2393-204-03-007 Merlyn and Anita Sampels Revocable Trust 7718 Caruth Boulevard Dallas, TX 75225 2393-204-03-008 Merlyn D. and Anita R. Sampels 7718 Caruth Boulevard Dallas, TX 75225 2393-204-03-009 Judith G. and G.B. Shotwell 4109 Ranier Court Fort Worth, TX 76109 2393-203-03-010 Rocky Holdings 540 LLC 5 Cambria Road East Palm Beach Gardens, FL 33418 2393-203-03-011 John B. and Sally H. Young 3855 Olympia Drive Houston, TX 77019 2393-204-01-003 Homestead II, LLC c/o Yusem Corp. 215 S. Monarch Street, Suite 104 Aspen, CO 81611 2393-203-01-002 Collyer E. Kelling Paula J. Barclay P.O. Box 2600 Basalt, CO 81621-2600 2393-203-01-001 John D. Bell Michael J. Bell Thomas M. Bell 403 Diamond A. Ranch Road Carbondale, CO 81623 2393-203-01-009 Dorothy Segel 76 Puma Lane Carbondale, CO 81623 2393-203-01-010 Terry Butler 305 S. Galena Street Aspen, CO 81611 2393-203-00-385 Aspen Glen Golf Club Management Company P.O. Box 790830 San Antonio, TX 78279 2393-203-01-011 Charles Cunniffe 610 Hyman Avenue Aspen, CO 81611 2393-203-01-018 Verne G. Burden Hollis Sessoms 78 Buffalo Lane Carbondale, CO 81623 2393-203-01-012 David A. Baxter P.O. Box 1112 Crested Butte, CO 81224 2393-203-01-013 Bayard Y. Hovdesven P.O. Box 413 Woody Creek, CO 81656 2393-203-01-014 Marta J. Sundberg 218 E. Valley Road, Suite 104-282 Carbondale, CO 81623 2393-203-04-106 Cintra Pollack Revocable Trust P.O. Box 22066 Denver, CO 80222 2393-203-04-116 Neil Ross 100 South Spring Street Aspen, CO 81611 2393-203-01-015 Carbondale Glen Lot E-15, LLC 14225 Ventura Blvd., Suite 100 Sherman Oaks, CA 91423 2393-203-01-016 Sybil Hill Michael J. Carter 42 Buffalo Lane Carbondale, CO 81623 2393-203-01-017 Renee and Jason Carey P.O. Box 2123 Glenwood Springs, CO 81602 Aspen Glen Homeowners Association 0080 Bald Eagle Way Carbondale, CO 81623 MINERAL OWNERS Leonis and Neva M. Chuc P.O. Box 1413 Carbondale, CO 81623 Mitchell and Lucile Dyer c/o Perry Coryell 427 Lake Loop Drive Kalispell, MT 59901-8705 ... 839060 08/08/2013 01 :23 :08 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee : $21.00 Doc Fee: $5.50 eRecorded WARRANTY DEED THIS DEED Is dated the 8th day of August, 2013, and is made between Richard W. Leety and Allee Jean Leety (whether one, or more than one), the "Granter" of the County of Garfield and State of Colorado and Carbondale Glen Lot E-8, LLC State Doc Fee: $5.50 (whether one, or more than one), the "Grantee", whose legal address Is 14225 Ventura Blvd., Suite 100, Sherman Oaks, CA 91423 of the County of and State of California. WITNESS, that the Granter, for and In consideration of the sum of Fifty Five Thousand Dollars and No Cents ( $55,000.00 ), the receipt and sufficiency of which Is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any Improvements thereon , located In the County of Garfield and State of Colorado described as follows : Lot E -8 ASPEN GLEN FI LI NG NO. 1 according to the plat thereof recorded April 6, 1995 as Reception No. 476330. County of Garfield, State of Colorado also known by street address as: 60 Puma, Carbondale, CO 81623 TOGETHER with all and singular the heredltaments and appurtenances thereto belonging, or In anywise appertaining, the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, tltle, interest, dalm and demand whatsoever of the Grantor, either In law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Granter, for the Granter and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the enseallng and delivery of these presents, the Granter is well seized of the premises above described; has good, sure, perfect, absolute and Indefeasible estate of Inheritance, in law, and in fee simple; and has good right, full power and lawful author1ty to grant, bargain, sell and convey the same In manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens , taxes , assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to : See Exhibit "A" attached hereto and made a part hereof And the Granter shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, If any, In the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. I N WITNESS WHE REOF, the Granter has executed this deed on the date set forth above. ,.. State of Colorado County of Garfield Alice Jean Leety The foregoing instrument was acknowledged before me this 8th day of August, 2013 by Richard W Leety and Alice Jean Leety. MARYL SCHEURICH NOTARY PUBLIC STATE OF COLORADO NOTARY lb #19&74007954 My Comm1U10n axr:nm M1v ~. 2011 Stewart Title File Number: 01330-28681 932A WARRANTY DEED STCO Notary Pub c My commission expires: Page1 EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2013, not yet due and payable. 2. 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. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522. 4. Deeds recorded December 26, 1958 in Book 314 at Page 160 as Reception No. 203858; recorded September 26, 1961 in Book 336 at Page 570 as Reception No. 215212; recorded January 5, 1965 in Book 363 at Page 33 as Reception No. 228221; recorded May 8, 1950 in Book 250 at Page 271 as Reception No. 172106; recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326; recorded October 13, 1964 in Book 361 at Page 275 as Reception No. 227254; recorded December 17, 1964 in Book 362 at Page 445 as Reception No. 228037; and for all of these Deeds recited, and any and all assignments of record, or otherwise, thereof, or interests therein . 5. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356, in Book 931 at Page 374 as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358, in Book 931 at Page 412 as Reception No. 474359 and in Book 931 at Page 432 as Reception No, 474360. 6. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows: 7. A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262.B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154.C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796.D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955.E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058.F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462 .G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765.H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797.1. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798.J. Resolution No. 2006-79 recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257. 8. Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Book 835 at Page 364 as Reception No. 436263. 9. Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August 19, 1994 in Book 912 at Page 973 as Reception No. 467451 . 10. Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No. 476330. 11. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328, First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005, Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668, Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception No. 566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952, First Amendment to the Master Declaration recorded October 30, 2003 in Book1533 at Page 735 as Reception No. 639707 and Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page 891 as Reception No . 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No . 719512. Stewart Title File Number: 01330-28681 932A WARRANTY DEED STCO Page2 12. Subdivider's Agreement as contained in Instrument recorded April 6, 1995 in Book 936 at Page 444 as Reception No. 476329 . 13. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No, 476331. 14. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book 936 at Page 314 as Reception No. 476327. 15. Trench, Conduit and Vault Agreement recorded December 1, 1995 in Book 959 at Page 968 as Reception No. 485953. 16. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as Reception No. 503024. 17. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Reception No. 719513. Stewart Title File Number: 01330-28681 932A WARRANTY DEED STCO Page 3 LEGAL DESCRIPTION Lot E-8 Aspen Glen Filing No. 1 According to the plat thereof recorded April 6, 1995 as Reception No. 476330. 839059 08/08/2013 01 '23:08 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11 .00 Doc Fee · $0 .00 eRecorded STATEMENT OF AUTHORITY (C.R.S. §38-30-172) 1. This Statement of Authority relates to an entity named CARBONDALE GLEN LOT E-8, LLC . 2 . The type of entity is.a Limited Liability Company. 3. The entity is formed under the laws of the STATE OF COLORADO. 4 . The mailing address for the entity is 14225 Ventura Blvd, Suite 100, Sherman Oaks, California 91423. 5. The name and position of the person authoriz.ed to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of CARBONALE GLEN LOT E-8, lLC is: Robert Shapiro, Manager 6. The authority of the foregoing person to bind CARBONDALE GLEN LOT E-8, LLC is unlimited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. §38-30-172. Executed this~ day of July. 2013. sTATE oF Cal1torn ltA COUNTY OF LJs Avq=e ~ ) ) SS. ) Rob The above and foregoing instnnnent was acknowledged before me this __ day of July, 2013, by Robert Shapiro as Manager of CARBONDALE GLEN LOT E-8, LLC, a Colorado limited liability company. Wi'""'5 my band and seal. w & My commissioo oxpU:esf{IDi6/1ZIJ f.\. ~ ~ f Notary Public CARBONDALE GLEN LOT E-8, LLC 14225 Ventura Blvd., Suite 100 Sherman Oaks, California 91423 Ph: 818-386-6300 September 15, 2014 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Variance Application -60 Puma Lane, Carbondale, CO 81623 Dear Madam or Sir: Carbondale Glen Lot E-8, LLC, a Colorado limited liability company and the owner of the above-referenced application, hereby grants authority to our attorney, Timothy Thulson of Balcomb & Green, P .C., Glenwood Springs, Colorado, to submit, prosecute through decision, attend all meetings and speak on behalf of the owner, on all matters related to the Variance Application for the subject property which is being submitted simultaneously herewith, and to submit any further documents or information as may be necessary to bring such application to a decision. ; Very truly yours, / CARBONDALE 1 ; Robert S l GRAPIIlC SCALE ill 'i i i i ( IN IDT ) 1 Inch -20 ft. CURVE TABLE CURVE LENGTH RADIUS CHORD CHORO BEARING C4 19.25 19.00 18.43 54077'4/"W C5 81.77 353.50 81.59 N62 '51 '08 ''E C6 30.38 87.50 30.23 N29'51'20''E C7 60.48 395.00 60.43 N63"25'47''E CB 35.33 46.00 34.47 N33"26'52''E A!O/U·e Accordi"n.!l to Colorado law, you must commence any legal actiOn {iased upon any defect in 7'U7'7'..ll' SU.RY.fi'YI.IVC S.fi'.RYIC.fi'S this survey zu·i:thi:n th-ree years after you fi"rst discover such de/Get. Jn no event may any legal ac/i"un Qas11d upon a:ny de/eL.i in thi'f survey tie conunenced morP-thrzn ten year.<; /ram the daf(!; o/ the certz/icatz'on shown hereon. 72 7 Blake A venue Glen wood Springs, (970) 928-9708 jeff@tss-us.com Colorado 81601 (FAX 947-9007) DELTA 58-02'09" 1375'15" 19'53'41" 8'46'24" 44·00'30" SS pu~A orzivE: ,ert''°t 5 • t.1tilitt e:/ 11· / + CURB SroP I ( I / \ /\ / \ 9J.,-/ "' \ / ""' \ / I \ :A"'~ I ~J:~ ~/ \ \~ I \ y --. <_ ;\ " "' \ \ ~ "' £OT £8 \~ \ "\ "' \ 0.634 acres +/-\ \ x 6023.33 - 7.50' I 12.50' Drainage cf: Irrigation £astlfT/Mt ~'%1J,£BAR TANGENT 10.54 41.07 15.35 30.30 18.59 /rnprovernent £ocation Certifi'cate .Fi'li·ng Ho. the Plat recorded £ot ff 8 at Aspen Cl en, I as shown on as Recepti'on Ho. 436330 County o/ Carfi'eld_, State o/ Colorado LtJflBfld and NotBS.: -@ Indicates found no. 5 rebar with )'SI/ow plastic cap LS. ;/1571a -Bearings are based upon two rebars with )'SI/ow plastic caps L.S.;/15710 found at the southeasttJrly comer and southwesterly comer, both of Lot H37, AspBll GIBfl FHing No. ~ using a bearing of S78'09'15"W betWtlBfl the two described monumBflts. -This survey does not f"fJfJf'tlSBflt a title search by this surveyor to detef1Tline ownership or to discover eosemBflts or other Bflcumbrances of record. -Due to snow co""1' at the time of this sune,n some lmprollf1tnents moy not be shown. -This property Is subject to apporent eosemBflts for existing utHltlBS.. -This property Is subject to easements, rights of way and/ or requirements os noted or shown on the Flnal Plat of Aspen GIBfl, Fl/Ing No. 1. THIS PROP£RTY IS SUBJ£CT TO TH£ FOLLOWING £XC£PT10NS PER A Tlll.£ COMMITMENT ISSU£D BY STEWART Tlll.£: 10. Right of tht1 prr;pr/fltor of a ....ti or /odtJ to tlXfract and f'tJITIOWI his °"' thtirBltr1fn, should tht1 _,,,, bfl faund to ,,.,,.trots or lnttlnHlct the pnmlfftl htrtJby {/fr111ted, and o right of ""Y for dltohtls or oanaltl aonstrucftJd by the authortty of tht1 Un/ttJd staft1t1, as ~ In Un/ttJd stattls PattJflt 1 '1COI ritKI .AJ/y 2~ 189o# In Book 12 ot Page .J:J2 °" Rectlptlon No. 17622. 11. °"""'1 ""'°' 'dtld Deattmbr 26, 11M8 In Bock .JU ot Page 160 °" RtJOtJPtlon No. 20.1858; ""'°' 'dtld 5"pf'1/nbr 26, 1961 In Book .:s.:J6 at Page 570 as Rectlptlon No. 215212: l'BCOlrltKI January~ 1965 In Book .'J63 at Page .J.J OB RtJOtlf'tlon No. 228221; ?Bcardtld Jlay 4 1950 In Bock 250 at Page 271 OB RtJOtlf'tlon No. 172106; rscordtld .kme 12. 1951 In Bock 258 at Page 59/. as Rectlptlon No. 176.126; 1ecorded Octo/HJr 13. 196/. In Book .161 at Page 275 °" Rectlptlon No. 22'721H; ?&CordtJd DtlctJmbflf' 17, 196/. In Bock .J62 at Page #5 as RtlctJptlon No. 2280.17; and for an of thtllltl °"""" f8C!ftJd. and any and an CISfJ/gnmtlflts of f'fJCC1'd. or otherwlstt. thtlrBof. or lntsrBttts tlttn/n. 12. EOBIJfTlt111ts I ecordBd Fflbnlary 10. 1995 In Book 9.11 at Page .15# as Rectlptlon No. /.7/..156, In Book 9.11 at Page .17/. as Rectlptlon No. /.74357, In Boak 9.11 at Page :J9.1 as RtJOtlf'tlon No. /.74.JfiB, In Boak 9.11 at PO(/" /.12 as RtJOtJPt/on No. /.7./J59 and In Book 9.11 at Page ilJ2 as RtJOtJPt/an No. /.7/..160. 1.1. RflSO/Ut/ans by the Boarr/ of County Commission-of GarffrJld County. Cclorado. OB fol/on: A. RtlSO/ut/on No. 92-056 l'tlCt1l'dtld .kme 29. 1992 In Book 8J5 at Page .J05 as Rectlpt/on No. 4J6262.B. RflSO/Ut/an No. 9.1-121 l'tlCt1l'dtld DtlctJmbr 24 199.J In Boak 887 at PO(/" 82/. as Rectlpt/on No. /.5715f..C. RflSO/Ut/an No. !H-008 f'tJCOfrMd Fflbnlary 2. 199/. In Book 891 at Page 620 as RtJOtlf'tlon No. 458796.D. RflSO/Ut/an No. !H-089 f'BCOlrltKI AugtJBt 9. 199/. In Book 911 at Page 791 as RtlCfl/'t/on No. "66955.E. RflSO/Ut/on No. 9l-1:J9 rscordtld Dtlctlmbr 13, 199/. In Book 925 at Page :US as RtJOtlf't/an No. 472058.F. RtJSO/utlon No. 95-00/. l'flCordfld .January 17. 1995 In Book 929 at Page 6/. OB RtlctJptlon No. /.7.J482.G. RBBO/utlon No. 96-26 ?BCordtJd May 9. 1996 In Boak 977 at Page :J99 as Rectlpt/on No. /.92765.H. RtJSO/utlon No. 96-06 ?Bcardtld Fflbruary 9. 1996 In Boak 966 at Page 682 OB Rectlpt/on No. o#88797./. Rrlsolutlon No. 96-07 l'BCOlrltKI Fflbruary 9. 1996 In Book 966 at Page 686 as RtlctJptlon No. o#88798.J. RtlSO/utlon No. 2006-79 rscordtld March 19. 2007 In Book 190.J at Page 967 as RtlctJptlon No. 719257. 14. Af}T9«Tltlflts f'llCOf'dtld April 12. 1992 In Bock 827 at PO(/" 636 OB RtlCfl/'tlon No. 4.1.1216 and f'llCOf'dtld Junt1 29, 199.1 In Book 8J5 at Page .16/. as Rectlptlon No. 4JIJ2IJ.J. 15. Af}T9«Tltlflts f'llCOf'dtld AugtJBt 19. 199/. In Book 912 at Page 970 as Rectlpt/on No. #7/.50 and l"tlCOf'dad August 19. 199/. In Book 912 at PO(/" 97.1 as RtJOtJPt/on No. #7/.51. 16. Plot of A..,tlfl Clt"1 P/annlld Unit 0.Wl/opmtlflt fWCOfritKI April 4 1995 as RtJOtJPt/on No. /.76»0. 17. llOBtsr Dec/oration f'llCOf'dfld April 4 1995 In Book 9.16 at Pt1(/6 :J50 as Rectlpt/on No. /.76.124 Fht Supp/smtlfltal Dtlclato~/on l'tlCDlritKI .AJ/y 14 1997 In Book 1026 at PO(/fl 161 OB Rectlpt/on No. 510976, StlCOfld Supp/tlfntJflta/ Dtlclarot/on t WM ritKI NollrllnbfJf' 26, 1997 In Book 11U3 at PO(/fl 850 as RtJOtJPt/on No. 516966, Thlicl 9'P;•ltJtrUJflta/ DtJclarot/on l'BCOlritKI Fflbruary 14 1998 In Book 105.J at Page 8 as Rectlptlon No. ~ Faurlh 9fl'Pi'M•Wltal Dtlclarot/on 1'1COlritKI Fflbruary 10. 1998 In Book 105.J at Page .10 as Rectlptlon No. 520209. Fifth 9'1';'1/tJmWltal DtJclarot/on l'BCOlritKI May 1, 1998 In Book 1065 at Page 800 as RtJOtJPtlon No. 52#79, Sixth 9fl'Pi'Sl1•Wltal Dtlclarot/on t'1COlritKI May 22. 1998 In Book 1069 at Pt1(/6 58 OB Rectlpt/on No. 5256/.7, Stwrinth 9'1';'1/tJmWltal DtJclarot/on l'BCOlritKI August 2-t; 1998 In Book 108/. at Page 9/..1 as RtlctJptlon No. 5.11005, Eighth 9fl'Pi'Sl17Wltal Dtlclarot/on t'1COlritKI Oclobr 26, 1998 In Boak 109/. at PO(/" 517 OB Rectlpt/on No. 5.J-#299, Ninth 9'1';'1/tJmWltal DtJclarot/on l'BCOlritKI August 17, 1999 In Book 11/.5 at Ptlfl!J 680 as RtJOtlf'tlon No. 550617, Ttlflth 9fl'Pi'Sl1•Wltal Dtlclarot/on t'1COlritKI No,,.,,,,,.,. 19. 1999 In Book 1181 at PO(/" 293 OB RtlCfl/'tlon No. 555596, Elt1Vtlflth Supp/tJmt111ta/ Dtlclarotlon ?BCordtJd Ssptsmbflf' 23, 1999 In Book 1151 at Page 877 as RtJOtlf't/an No. 552597, TWll/fth 9rpp!t111•tlfltal Dtlclarot/on '""°"""' Dsctlfllbtir 1-t; 1999 In Book 116./ at POf/fl 755 as RtJOtJPt/on No. 556664 Th/rlfJtJflth Supp/tlflltlfltal Dllclarat/on F'tlCOldfld .AJ/y 17, 2000 In Boak 1197 at POfJIJ 7/.0 OB RtJOtJPt/an No. 566379, FourlrHJflth 9rpp"1mt111ta/ Dllclarat/on f'BCOlritKI May 4 200.1 In Boak 1#7 at PO(/" 910 1111 Rectlpt/on No. 626952, Fl/"st Amtlfldmtlflt to the Jlastsr Dllclarat/on recorded Octobtlr Jo, 200.1 In Book15.J.J at Page 7J5 as RtJOtJPt/on No. 6:J9707 and Flfft1t111th Supp/tlfllt111ta/ Dllclarat/on l"tlCOf'dad Deattmbr 21, 2004 In Book 16/.9 at Page 891 OB R«:sptlon No. 665692. AmtlfldtJd Dllclarat/on of CoVtJflan~ Conditions and Rrlatrlctlona for Aaptlfl Clt"1 f'BCOI r/tJd March 23, 2007 In Bock 1905 at POf/11 52.1 w RtJOtJPt/an No. 719512. 18. SUbdlvldfJf''s Af}T9«Tltlflt as contalnlld In lnstnuntlflt l'tlCt1l'dtld April 6, 1995 In Boak 9.16 at Page /././. OB Rectlptlon No. /.76.129. 19. EOBIJfTlt111t Dnd f'llCOf'dfld April 6, 1995 In Baak 9.16 at Page 458 OB Rectlpt/on No. /.76.J.Jt. 20. Dtlclarot/on of Coif Fadllflw O.Wlfopmtlflt. Construtltlon and ()penltlonal E_,,tlflt. f'llCOf'dfld April 4 1995 In Book 9.16 at Page .11/. as Rectlptlon No. /.76.127. 21. Thlflch, Conduit and Vault A,,_,.tlflt l'tlCt1l'dtld Deattmbr 1, 1995 In Boak 959 at PO(/" 968 as RtJOtlf't/on No. /.6595.J. 22. $pee/al Wammfy Dnd and flnmt of Ewt. fWCOfritKI 0..tlfllbflf' .11, 1996 In Book 1005 at Page 228 OB Rectlptlon No. 50.J024. 2.1. Amtlfldtld B)lawa of the Homt10wn#3 AllllOClatlon at Aaptlfl Glltlfl l'BCOI 't/fJd March 23, 2007 In Book 1905 at POf/fl 577 as Rectlpt/on No. 719513. IMPROV£M£NT LOCATTON C£RT1FlCATE I hereby certify that this lmproVflfTIMt location certificate Is not a land plat and that It Is not to be relied upon for the estobllshment of fence, buHdlng, or other future lmproVflfTlent lines. I further certify that th• lmproVflfTIMts on the obollfl described parcel on this date January 10, 2014, except utility connections, are entirely within the boundaries of the parcel, 6XCf1P t as shown, that thtlf'tJ are no McroachmMts upon the described pl"tlfTl!ses, except as Indicated, and that thtlf'tJ Is no apparent evtdMce or sign of any east11T1en t crossing or burdening any part of said parcel, except as noted. J£FFR£Y ALL£N TUTTl.£ LS. 33638 DAT£ 60 Puma .Drive /rnprovernent £ocati·on Certificate Carbondale, Colorado 81623 DRAWN B'I: JT DATE: 01/10/2014 1 TUTTLE SURVEYING SERVICES 1 Garfield County, CO I Map Print CARBONDALE GLEN LOT E 8 LLC 14225 VENTURA BOULEVARD SUITE 100 SHERMA N OAKS, CA 91423 Parcel Number: 239320 301008 Site Information Acres : 0.534 Page I of I onty •nd dotl not m 1 aft9Y n IS orcN ICl *d 11 .S w1thaut w•r~n\Y or i1ny ~U:ntet .on ot a ce:~. t mel11\Ht or compi t bl ntU. T11I atmns ot U. mH• 1nd a.ti, lna ~lno the fa 1N1 UM m1p1 a na dltl flftl dyMrnfc end ln • 1;onsunt aece d ,..,t11on. ma1n1eri.anca. Incl correction. No n1b1Ut1 II •saned by Glrftekl Coune y .. to ll'MI IUUraCy ol tht dlta Otilntl lld herwl'\ Q/1 1 /?014 =E Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .garfield-county.com TAX PARCEL NUMBER: 2393-203-01-008 DATE: 9/10/14 PROJECT: Aspen Glen Filing No. 1, Lot E-8 Building Height Variance OWNER: Carbondale Glen Lot E-8 LLC REPRESENTATIVE: Tim Thulson, Balcomb & Green PRACTICAL LOCATION: 60 Puma Ln., Carbondale, CO 81623 TYPE OF APPLICATION: Variance ZONING: Aspen Glen PUD (1/2 Acre Residential Zone District) I. GENERAL PROJECT DESCRIPTION The Applicant anticipates requesting a variance from the maximum building height of 25 ft. A single family residence is under construction on the lot. Modifications to the design related to wall heights and roof details has resulted in a height calculation which exceeds the maximum allowable building height. The Applicant described in general how the modification occurred . David Bartholomew from the Building Department was also in attendance and provided additional insight into how the code compliance issues occurred and came to light. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code. as amended (LUDC) • Table 3-201 Zone District Dimensions -Height • Article 15 Definitions for Height, Building • Section 4-115 Variance • Table 4 -102 Common Review Procedures , Variance • Table 4-201 Application Submittal Requirements , Variance • Section 4-101 Common Review Procedures (including public notice) Aspen Glen PUD Regulations Related to Maximum Building Height • Initial research appears to indicate that PUD approvals related to maximum building height were adopted by Board of County Commissioner's Resolution No. 92-056 (recorded at Book 835 Page 337) • Initial research also appears to indicate that the PUD defers to the County's LUDC for processing a variance. The Applicant should verify and confirm. Ill. REVIEW PROCESS The Application will be reviewed in accordance with the procedures contained the LUDC as summarized below. A. Pre-application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Public Hearing before the Board of Adjustment E. Complete public notice requirements and provide documentation regarding notice requirements prior to the hearing. F. Additional Copies requested and sent to referral agencies. G. Evaluation by Director/Staff resulting in a Staff Report. H. Public Hearing before the Board of Adjustment I. Decision by the Board documented by Resolution J. Satisfaction of any required conditions of approval. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. __ None __ Planning Commission __ Board of County Commissioners .JL_Board of Adjustment Referral may be will be sent to referral agencies including but not limited to the following: » Garfield County Building Department » Garfield County Attorney's Office » Aspen Glen Design Review Committee/Homeowners Association V. SUBMITTAL REQUIREMENTS A. General Application Materials, Signed Application Forms, Agreements to Pay, Application fees, etc. B. Narrative explaining the request and provisions from which the variance is being requested. Should address the Variance Review Criteria contained in Section 4-115 and any applicable standards. C. Narrative should include copies of all applicable PUD regulations. D. List of adjoining property owners within 200ft. and owners of mineral rights on the subject property. An excerpt from the Assessor's Office showing the ownership is also recommended. E. Proof of ownership such as deed . . F. Legal Description for the property. G. Statements of authority for the ownership LLC . H. Authorization to represent letters as appropriate. I. Site Plan VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements : Planning Review Fees: $40.50) Referral Agency Fees: Recordation: Total Deposit: $250 (additional Staff time charged at staff hourly rate of $ -(as applicable) $ -(as applicable) $250 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments . Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval , approval with conditions, or denial to the appropriate hearing body . Disclaimer 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. Pre-application Summary Prepared by: Glenn Hartmann , Senior Planner