HomeMy WebLinkAbout1.0 ApplicationDate: 5/24/93
APPLICATION
SPECIAL/CONDITIONAL USE PERMIT
Applicant: Margaret Ann Droysen
Address of Applicant: 4472 100 Road, Carbondale, CO 81623
Special/Conditional Use: Install in
Manufactured Home as m
would like to keep existing 325 sq.ft. cabin as a guest house.
Legal Description: Lot 1, Englert Lot Split -- see attached full legal
description.
Practical Description (location with respect to highways, county
roads, and residences) : one mile from Highway 82 on County Road 100 (arrnss
from landfill)
Requirements:
1. Plans and specifications for proposed use (hours of
operation, no. of vehicles/day, location and size of
structures, etc.).
2. Existing or proposed method of sewage, source of disposal
and water. Road access and other information deemed
necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject
property, location, and use of building and structures on
adjacent lots.
4. An impact statement on the proposed use where required by
Sections 5.03-5.03.12 of Zoning Regulations.
5. A copy of Assessor's map showing property; and a listing
of all adjoining property owners of said property.
6. A base fee of $ V00.00 shall be charged for each'
application and shall be submitted with the application,
additional charges may be imposed if County review costs
exceed the base fee.
7 Attach a copy of proof of ownership for your property
(deed, title insurance)
If public notice is required, notice provided by the Planning
Department shall be sent out at least five (5) days prior to
hearing by return -receipt mail to all the above noted adjoining
property owners. Mailing is the applicant's responsibility and
proof of mailing must be presented at the hearing. Additionally,
the same notice shall be published one (1) time in the official
County newspaper at least fifteen (15) days prior to such hearing
date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the
hearing.
The above information is correct to the best
my knowledge.
Date
Doc Fee
$4.50
15048
Recorded at
Reception No.
f .
/0 1/0 o'cicrcck ■ •—. JA N 1 2 mut
38&95
WARRANTY DEED
TAPS DEF(), Made this 6th
N 88between SHIRLEY L. ENGLERT
of the said
CLyitrrft,, grantor, and
whose legal address is
of the said
daya January
* County of Washington
MARGARET DROYSEN
P.O. Box 2868
Aspen, Colorado 81612
County of Pitkin
0
Recorder.
and Stale of
r
727 P'r' E 6 3
G
JAN 12 ARFiELD 1988
State L)oc k'ee
� �r f
and Stale of Colorado, grantee:
WITNESSEI'FI, That die grantor for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND
VALUABLE CONSIDERATION DOLLARS.
the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sell,
convey and confirm. unto the grantee, his heirs and assigns forever. all the real pnrperty together with improvements, if any, situate, lying and heing in the
said County of Garfield and Stale of Colorado described as follows:
SEE ATTACHED "EXHIBIT A"
as known by street and number as: Lot ##1, Englert Lot Split, Carbondale, CO 31623
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining. and the reversion and
reversions. remainder and remainders. rents. issues and profits thereof, and all the estate. right. title. interest, claim and demand whatsoever of the
grantor, either in law or equity, of, in and In the above bargained premises, with the hereditaments and appurtenances.
To HAVE ANI) TO }TOLD] the said premises above bargained and described, with the appurtenances. unto the grantee. his heirs and assigns
forever. And the grantor, for himself. his heirs, and personal representatives, does covenant. grans, bargain. and agree to and with the grantee, his heirs and
assigns. That at the lime oldie ensealing and delivery of these presents. he is well seized of the premises above conveyed, has good, sure. perfect, absolute
and indefeasible estate of inheritance. in law. in fee simple, and has good right. full power and lawful authority to grant, bargain. sell and convey the sane
in manner and forst as aforesaid.. and that the same are free and clear from all former and other grants. bargains. sales. liens, taxes, assessrnenls,
encumbrances and restrictions of whatever kind or mature snever, except easements of record and/or apparent,
restrictions, reservations, and rights—of—way, all of record, and real property
taxes for the year 1988, not yet due or payable.
The grantor shall and will WARRANT AND FOREVER DEFEND the ahnve-hargained premises in the quiet and peaceable possession of the grantee,
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,
the plural the singular, and the use of any gender shall be applicable 10 all genders.
IN NVITNE„SS WF[EREOF,.che grantor has executed Ihis decd on Ilse slate set forth above.
< ,r ,%
SHIRLEY L. Erb LERT
STATE OF COLORADO /1 -+
County of
7L
The foregoing instrument was acknowledged before me this
by Shirley L. Englert
CS
6th
day of January
My commission expires — . 19If . Witness my hand and official seal.
*I
n Denver, insert "City and "-
- No. 9.4IA. Rea. 7414. wAfiISANI', DF,EA IFnr t'hningreehir Penn ilt ora tfnr<t nnhlisliing, 552'
ti
er t5
51niary Public
,1988
5111 Ave,.IAA ru-t+nrl,5't155214—(,031'33-5 Wi 11 R(1
• •
SPECIAL/CONDITIONAL USE PERMIT REQUEST
I am installing a manufactured home on my 4 -acre property
and request permission to keep the existing 325 sq. ft. log
cabin as a guest home.
Although extremely small, (325 sq. ft', consisting of three
rooms - living area, kitchen and bath) I am currently living
in the cabin, which has its own septic system and driveway.
SURROUNDING NEIGHBORS:
4470 100 Road: Chris Barton
4474 100 Road: Marty Schlein
4476 100 Road: George and Jenny Tempest
1Th
.I f i,I F 07, C O i.() hDO !
:en
TY p l? l
IN V.J.„iMIt•T COjVTT.
In the natter of the application
of
131isuis S. Green for an adjudi-
cation
djudi--
cation of his priority richt
to t!-io use ., f water for irri u -R
tion purposes tiarou,;h his Green'
.;aa: to i'tater Ditch, fr m; the
waste, seepage, ()seepage and
arainaje waters frail tac land
lying adjacent on the north naafi
northwest side of lands belong—
inc to the an; ligan', to—wit,
tho 134 of ?BVI and. lot 2 in
:1oc. 30 Tp. 7 S., H. 37 W. of tla:
Oth 1'. M., in tor District
ao. 38; and
In the natter of the epplicr_tion
of
said Green for an adjudication
of hin priority richt to tilo uric
of ;niter for domestic purposes,
through his Green ilpo Lina oitoh,
t,:king itrs supply of Satter from
a:: spring situate in the: ;a of
the Nil: of said. 3oe. 30, in
-tater District flo. 38
r titionor.
1) C B E
4 2)
tiprr ari this 30th dray of April, A. 11. 1928, the a.rbovc and.
forooping applications care on for a hearing before the Court in
ac..ordauce with order of Court aottinthe :said matters for such
he rinG and in pursuance of notice recula.arly served upon all
. !�rtida in interest by tray f' publication and posting as pro--
yidod by the statute in ;such cases, the up ,liount or petitioner
a.Ti o:ai infr in parson and by hie attorneys C. ;t. Darrow an adto
H. Yarn Eads. and neffo others appearing by way of `rrotost or
otherwise; and now ocu,:cui the testimony una tho court beim; well
advised in tho, premises cloth find:
7iilSq.' A.3 TO 11' CAIi) c.;?,...,ii ,fA;11 DY.M, tiro wort, of its
cayllAria'Jtion! >, w; oco,;,assutul Ea) 1.1 •Iii 1927, c:crmpl.rar,ts4 Vil.th duo
d1].11 Onco iiu ovor oinoo uuod 1st,, Cor Lho irri1ttion
State of Colorado)
4 SS
Oounty of Garfield
r,
I, D. W. Shores, Clark of the Ilistriot Court
of Garfield County, in the State of Colorado, in the Ninth
Judioial District of said State, do hereby oertify the above
to be a full, true and complete copy of the Decree rade and
entered in Cause No. 2661, in the reoorda of thin Court,
the same being entitled , IN THE MATTER OL' THE APPLICATION
OF ULISSES S. GREEN FOR AN ADJUDICATION OF HIS PRIORITY OP
RIGHT TO THE USE OF WATER FOR IRRIGATION PURPOSES THROUGH
ITIS GREEN WASTE WATER DITCH, PROM THE WASTE, SEEPAGE, ESCAP--
AGE AND DRAINAGE WATERS FROM THE LAND LYING ADJACENT ON THE
NORTH AND NORTHWEST 'SIDE OF LANDS BELONGING TO THE APPLICANT,
TO -WIT, THE SEI- 0I1 Iia AND LOT 2 IN SEC. 30 TP. 'T S . , R. 87
W. OF TUE 6th P. M. IN WATER DISTRICT NO. 38; AND
IN THE MATTER O1' THE APPLICATION
01 SAID GREEN FOR AN ADJUDICATION OL' HIS PRIORITY OP RIGHT
TO THE USE OF WATER POE DOMESTIC PURPOSES, THROUGH HIS
GREEN PIPE LINE DITCH TAKING ITS SUPPLY OF WATER FROM A
SPRING SITUATE IN THE SEi OF THE NW OF SAID SEC. 30, IN
SAID WATER DISTRICT NO. 38;
That said deoree was made and entered on the 30th
day of April, 1928.
WITNESS my hand and the seal of the Court,
this 6th day of May, A. D. 1928.
Clerk
448
' YAW
ji
OF A w )
IN 1 '.E V l. s: i i. ? G O `•.l HT ■
In the natter of the axpplio stion )
of )
l31lsuis S. Gre .ni for an ad Judi-- )
cation of his priority richt
to tl.o use water for irr1LT u )
tion purposes t)irouk;h his Gruen )
.€fst;s Ditoh, fvoE the )
waste, ste, seepage, o oou1 :::ge und )
d ainacT. waters froi;a the land )
lying adjacent on tho north nnd )
norLhwest side of lands belong-
'Inc:
elong-- ) '
.I n to the applicant, to -wit,
tho Sf,1 of ?';Wi-1 and lot 2 in )
:�ec. 34 Tp. 7 G., H. 67 W. of t:;t: )
ut i P. II., in i:ator District )
No. 3€ ; and
In tho natter of the c pp11cr_tinn )
of ) y,
said Green for an adjudication
tion
of his pri +rity richt to the use
of `.rater for domestic purpo=ses, )
throur h his Green =Ape 1.ino ,.aitch, )
tr:king its supply of water from )
a:s sprin3 situate in the :si of )
tho :w',t:L of said Sou. 30, in
lator District flo. 38,
i`et1tionor. )
D E C .'s
i
13 5
: ovr on thiu &Oth d y of April. A. D. 1928, the above aid
forof::oing apolientions came on for ct ho ari:iboforu the Court in
acorciance with order of Court settinn the rat i xu ttcrs for such
enrinG and in pursuanco of notice regularly :served upon all
!,rtieS in lntorout by way .4! publication and posting as pro-
vided by the statute in uuch eases, the cusp :lloont or potitionor
s..3D_.o:ar intr in parson and by hie: attorneys C. sr'. Darrow and 3a.ac.io
].. ;'corn iE's s. and r ii:.i others afspoexing; by way of protest or
otherwise; and now colfsin tho testimony and the Court tieing; well
advised in trio premises (loth find:
'PIn:a'l1 AS TO Ti!!: ll'. L H, the wort: of its
cr511;.S,I uetion ata:; eoldl rl`►iiuudi April 11), a ioi',p1.r tihi with {luno
a.,i11i.,Nnoo 610 over oinoo 11l30d !�;� .'itit.tranuf' for Uie ix't'1(ga tion
of hi5 land subject to irritation therefrom consisting of 8 acres
co irrigated or prepared for irrigation at.this time and being a
part of petitioners lands consisting of th,a lends described in
the caption hereof, so that hia priority right to the; use of crater
for said purpose, should date from April lei, 1927,and consist of
16/100 of a cubic foot of water per second of t1m.e of and from the
caste, seepage, °seepage and drainage waters fro i 1 the lands lying
adjacent on the north and northwest side of the lands belonging
to petitioner described as aforesaid; thut the haadgate of said
ditch is situate in the tiq of the :lir of said :pee. 30 at a point
whence the north eivarter":corner of said Sec. 30 bears N. 59° 271
E. 1440 feet and extends from said head tato in an esaterly, south-
erly and southwesterly directions, for a diuteance of about 2870
feet and that the capacity of said ditch to carry ,rater exceeds
1 pubic foot of water per eecond of time; that the petitioner claims
to be the; owner of the said ditch end that he ha } no other source
of supply with which to irrigate his said lands, than the we.s,te,
seepage, ;e, o scapu s,& and drainage water aforesaid from whence the said
ditch derives its supply of water.
It Is Therefore Ordered, Adjudged aed Decreed by the Court,
tett said ditch be and hereby is irumbered /2', in the decrees of
thio Court for "liter District No. 30, and that there be allowed
to flow into said ditch from the waste, seepage, eacapage end
drainage waters from the lands lying adjacent on the north ind
northwest side of the lands belonging to t',)e petitioner aforesaid,
13/100 of a cubic foot of water per second of time, priority No. , 0
in :said decrees, fpr' irrie:;utioa purposes L r;d for the use and ben-
efit of the parties lawfully entitled thereto and that sunk priority
relate beck ,)o and dote from I.pril 15, 1027, bat eub,ect to all
}r for ri. hts if .any, et thio tit.lo e::istint; whether adjudicated or
not if hereafter adjudicated in :.apt tii'.ca ano subject to all the
jncral T)rovis ion3 contained in decrue or th1€, rart entered nay
11, 1630, adjudicating wat:;r f .nor;illy tias•o.ic;hout the said
1
'later District. t} n 9 + �r[r
..CC ND ...,1 To 511,..: � SAI D \!j\.:�..:i 1i J. i.}.i L.l'. ' - TCii }
:� iil , the work of
its vortctruotion cox °need Februui'' 9, 1928, completed with
dui c,illigence ev:?r since ia:o by petitloncr for domestic purp-
oses at and about the it::,.rovu.:i.L.nt , situate upon his land conc.iat-
ink; of the 5:':1- of the Wi un:s lot 2 in ;co. 30 "1'p. rj L;., R. 07 j.,
so that his o iority right to tirl. tx)O of
or for said purpose,
racoma date from 7ebruury 7, 1923 and coawi;;i of 141OJ of a cubic
Coot of .meter 1:er ;second of tirto fron u spring ;.1tu:ito in the
of the ?i.Y' of SQC. 30 aforesaid; that ttso hood of said Pipe Line
Ditch is situate: at r:. point: in ..mitt ..; o a' tho NWA whence thL :r.•
cornor of said jou. 30 beams 7 , 6° 45' 1'7Ei f%,ot froii whence
ripe Lino ?)itch extends in a general south. ostorly direction
distance of 951 foot, ;nd th':t t1ic carrying capacity of seid
tv oi':ch pipes line i:; ;:l;ff'iciont to carry caxaeodinf; sai:3. 15/100
ai cubic toot; that the petitioner oluii.s:. to be the owner of
ii:;: :said lino 1 that he h::s no other source of supply for
.,(:o:,tic purpo.;os than the said pii)e lino thiol derives its supply
M
of w, I. er £Lon t!Ie spring aforesaid.
.ro
s'
It i:, Therefore Ordered, ;..judged a°a': Doarood by the Court,
said pipo lino bo and horeby is nu: .bred Domestic
t,_i=_a t`:•.:: decrees or this .:ourt for Water :)istriat ;No. M an.1 that
b.a '.hove[ to flow into sad throta(.rh th . said pipe line,
aurin!- aforesaid, 1:. /i'30J of a cubic foot of ,rotor por
..:ca:a:.i of ti:Lle3, do::se ;tio priority ;#o. in ::;t;id .14ereer3,
1..)1. domestic aurp ::cis ad for the u. o :}c;s:orit of the c-. rties
icy'.=f'ul::.;' ntitleCI ts:caroto,. a:,d that :.:uols ;,,ritarity relate u ok to
x. :<dL.to from ,iobvdo y 7, 1928, but sulJ et, to all prior rights
12:qty, O. this tiU.0 existinf'; vitothur LSU judicttt.i or not if horn)
f to ad judi'6 ted in apt tino, ::sr,.: subject to all ti.e general
,have sion; contains d in decree of th1 . 'dart ontercd ?...ay 11, 1E09
:c: judicatiu v t . , rieht8 f;cracjr;lily ti.roughout said ',"`,_tor District,
Bone in open Court,
r
.. '?. A. ilhaa1115,
!3y t; !:; 4,our.t .PTI=_i ;
1
State of Colorado )
0 SS
County of Garfield
1, D. W. Shores, Clerk of the D1 triot Court
of Garfield County, in the State of Colorado, in the Ninth
Judioial Distriot of said State+, do hereby certify the above
to be a full, true and complete Dopy of the Decree made and
entered in Cause No. 2651, in the records of this Court,
the sante being entitled , IN THE MATTER Cit` THE APPLICATION
OP ULISSE3 5. GREEN FOR AN ADJUDICATION 0P HI3 PRIORITY OP
RIGHT TO THE USE OF WATER FOR IRRIGATION I'URPO.3ES THROUGH
HIS GREEN WASTE WATER DITCH, .'ROM THE WASTE, SEEPAGE, $SOAP --
AGE AND DRAINAGE WATERS PROM THE LAIUD LYING ADJACENT ON THE
NORTH AND NORTHWEST ,SIDS` OP LANDS BELONGING TO THE APPLICANT,
TO -WIT THE SE,1 OF NW4 AND LOT 2 IN SEC. 30 TP. 7 3., R. 87
W. OF THE 6th P. M. IN WATER DISTRICT NO. 38; AND
IN THE MATTER OF TEE APPLICATION
OP SAID GREEN FOR AN ADJUDICATION Oar' EIS PRIORITY 0P RIGHT
TO TUE USE OF WATER ?OR DOMESTIC PURPOSES, THROUGH HIS
GREEN PIPE LINE DITCH TAKING ITS SUPPLY OP WATER PRO A
SPRING SITUATE IN THE E Ori THE NW�� ON SAID SEC. 30, IN
SAID WATER DISTRICT NO. 38;
That said deoree was made and entered on the 30th
day of April, 1928.
WITNESS my hand and the seal of the Court,
this 5th day of May, A. D. 1928.
Clerk
SPECIAL/CONDITIONAL USE PERMIT REQUEST
I am installing a manufactured home oii my 4 -acre property
and request permission to keep the existing 325 'sq. ft. log
cabin as a guest home
Although extremely small, (32L sq. ft., consisting of three
rooms - living area, kitchen and bath) I am curre=ntly living
in the cabin, which has its own septic system and driveway.
SURROUNDING NEIGHBORS.
4470 100 Road: Chris Barton
4474 100 Rod: Marty Schlein
4476 100 Road: George and Jenny Tempest
1
1>zorw-t1
•171sr-ct,
/Owning 2394
IS,
NOTE
bon's Rrdot Esfelses
Sidlotning• 2391-31
ICOLE FEET
.4
2391
T.75. -R.87
1. off oleo.
aflK 727 pg,1644
"EXHIBIT 1A"
A tract of land situated in SEhNW'h of Section 30, Township 7
South, Range 87 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at a point whence a brass cap found for the Center of
said Section 30 bear S.00°04'00" F. 230.00 feet and N. 89°56'00"
E. 570.00 feet;
thence N. 35°33'07" E. 1071.17 feet to a point on the Easterly
boundary line of the SEYITA of said section 30;
thence S. 02°44'00" W. 564.44 feet along said Easterly boundary
line;
thence S. 89°56'00" W. 268.21 feet;
thence S. 00°04'00" F. 306.00 feet;
thence S. 89°56'00" W. 328.00 feet to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
AKA LOT 1
ENGLERT SUBDIVISION EXEMPTION PLAT
RECORDED AS RECEPTION NO. 373805
TOGETHER WITH a non-exclusive easement for ingress and egress being
10 feet in width as more particularly described and set out in easement
agreement recorded February 26, 1987 in Book 706 at. Page 255 as Reception
No. 379379.
INCLUDING, WITHOUT WARRANTY, domestic water rights of at least 5
GPM from the existing spring.
•
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