HomeMy WebLinkAbout2.0 BOCC Staff Report 12.02.19961
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BOCC 12/2/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Special Use Permit for an Agricultural Related
Business -sale of agricultural related products.
APPLICANT: Kathy D. Weiss
LOCATION: A tract of land located in a portion of Section
14, T.7S., R88W; more practically described
as a tract of land located at 1609 CR 112.
SITE DATA: 40.64 acres
WATER: Well
SEWER: Individual Sewage Disposal System
ACCESS: C.R. 112
EXISTING AND ADJACENT ZONING; A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located in an area designated as Medium Density Residential (6-9 ac./du) on
the Proposed Land Use Districts, Carbondale Area map in the Garfield County
Comprehensive Plan, Study Area I.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The tract of land is situated in an area northeast of Carbondale that
is an open pasture located in an area approximately midway between Cattle Creek and
Crystal Spring Creek. The property in question is one of the larger properties in the
area and has a number of smaller tracts in the area ranging in size from 2 to 15 acres.
The vegetation on the property is generally open pasture for horses kept and breed
on the property. A majority of the property surrounding the applicant's property is
hillsides with pinion and juniper vegetation.
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B. Project Description: The applicant has requested a Special Use Permit for an
agriculturally related business, specifically to operate a retail sales outlet on the
property for saddles, tack and similar accessories. (See application pgs 7-11 ). The
retail sales would take place in a 850 sq. ft. area on the second floor of the riding
arena and stable. Hours of operation are proposed to be 10:00 A.M. to 5:00 P.M..
The average number of additional vehicles attributed to the retail sales operation is
two (2) per day. Water is from an existing well on the property and sewage is treated
by an existing individual sewage disposal system.
The tack store has been a part of the arena that was completed in the fall of 1983 and
that the tack shop was a part of that original construction. At that time the building
department took the position that any agricultural building, including the employee
housing for the arena.
III. MAJOR ISSUES AND CONCERNS
A. ZONING: An Agriculture -Related Business is defined as:
"A business whose sole function is the provision of services or retail products,
agricultural in nature, as more fully defined under the definition of
Agricultural Land."
Agricultural Land is defined as follows:
"Any parcel of land presently being used for the primary purpose of obtaining
a monetary profit by raising, harvesting and selling crops or by the feeding,
breeding, management and sale of , or the products of, livestock, poultry, fur -
bearing animals, or honey bees, or dairying and the animal husbandry or any
combination thereof."
The feeding, breeding and sale of horses definitely falls within the classification of an
agricultural use. Until January of 1995, a riding stable was a use by right in the
A/R/RD zone district. The riding arena is now a nonconforming use that can continue
indefmitely and any future expansion of the facility will be subject to a special use
permit. A riding arena has always been classified by the Building Department as an
agricultural use and as such was pt subject to County Building code requirements.
Staff disagrees with the a t4s attorney as to the agricultural nature of the
proposed business. (See pgs. 12-14) The sale of tack would only be for horse
owners, which would includes the feeding, breeding and sale of horses, which are
livestock. This is the type of business that could be carried on in a commercial area,
but the zoning resolution allows for the consideration of this type of use by special
use. Staff does not agree that the agriculture -business has be products grown or
raised on the property. The sale of such products is a use by right. The special use
permit for an agriculture -related business was intended to deal with products that are
not grown or raised on the property.
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Staff has taken the position that a tack shop is an agriculture -related business, not a
customary accessory use as the applicant has stated in the application. If, it were a
customary accessory use, then a special use permit would not be required. The sale
of tack is something that is related to raising and the breeding of horses, which staff
does consider to be consistent with an agricultural activity.
B. Water and Sewer: The applicant has stated that an existing adjudicated well provides
the water to the proposed tack shop, along with other associated uses on the ranch.
Enclosed is a letter from Sherry Caloia that includes attachments of well notice
violations from the Division of Water Resources for the applicant's wells. (See pgs.
15-18) While the amount of water attributed to the proposed use would be minimal,
it is necessary to prove that there is a supply of water for any special use. A "store -
retail sales room" is required to have at least two restrooms with an occupancy load
of over four (4). A retail sales on an upper floor has an occupancy load based on one
(1) occupant for each 60 sq. ft. of floor area. The need for bathrooms will in turn
dictate the need for a water supply. Any approval of a special use will have to be
contingent upon the provision of a legally approved source of water for the proposed
use. In a verbal conversation with Dwight Whitehead, Division of Water Resources,
he indicated that he was not aware of any changes to the status of the wells he had
cited in the previously note correspondence.
There is no record of an approved ISDS for the arena or any of the associated
uses. If the ISDS was installed as a part of the agricultural building that was not
subject to a building permit, then there was a misunderstanding. There is no
agricultural exemption for the installation of an ISDS. There needs to be some
kind of proof of the adequacy of the ISDS. This proof should be in the form of an
evaluation of the system by a registered professional engineer, certifying the
capacity of the system, based on records of the material installed.
C. Building Permits: The applicant has provided a letter stating that the arena and
associated uses, including the apartment, were built with the understanding that the
County Building Department considered them to be agricultural uses that are
exempt from building permit requirements. (See pg. 19 ) Staff concedes that
agricultural buildings are and have for a number of years been exempt from the
building permit requirements. Any agriculture building is classified as an "M Type
Occupancy" in the building code and is allowed to be used to shelter agricultural
products, animals and equipment used or a part of an agricultural operation. This
type of occupancy would not include any type of residential or commercial
occupancy under the present building code requirements. In the interest of
clarifying the position of the Building Department in the early 1980's, Bud Milner,
who was the Chief Building Official at that time was contacted. He indicated that
an agricultural employee dwelling or agricultural business would not have been
exempt from the building code requirements at that time. He did say that if
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someone just asked if agricultural buildings were exempt from the building code,
that the answer was yes. Quite often that was the only question asked and
subsequently people would make there own interpretations as to what an
agricultural building could include as uses.
Staff will concede that there may have been a misunderstanding on the issue as to
whether or not a building permit should have been obtained, if the right question
was not asked. A building permit should have been obtained for the portion of
that includes the proposed commercial retail area and the employee dwelling. Any
approval should require that a building permit be obtained for the technically
illegal construction, prior to the issuance of a special use permit.
D. Neighbor's Comments: Enclosed is a petition and a number of letters in opposition
to the proposed Special Use permit. (See pgs. 20-40 ) Also included is a letters
of support from neighbors. (See pgs. 41-44 ) Given some of the concerns
expressed, the following responses are made to the issues made in the petition:
1) A legal water supply needs to be demonstrated prior to the issuance of a
special use permit.
2) There seems to be a discrepancy as to the number of dwellings on the
property. Those dwellings that were built without a building and ISDS
need to obtain the appropriate permits, if they can be legally permitted.
There is no identified limit to the number of "shelters for people
employed"in an agricultural use. There is no requirement that they provide
proof of a legal supply of water, as much as hot and cold running water in
each dwelling.
3) The large amount of traffic attributed to the property appears to be
associated with the legal use of the property related to the horse breeding
and training. The applicant states that the proposed use will generate an
average of two cars per day. This does not represent a significant increase
in traffic due to the proposed use.
4) There is at least one ISD system that will need to be properly permitted.
Whether or not it is an inadequate system is not possible to determine with
the information available at this time. Horse manure piles are not
attributable to the proposed business and cannot be a basis for approval or
denial of the proposed special use permit.
5) All structures in the area outside of a public water supply system, have the
same source of fire protection, which is the wells on the individual
properties in the area. The only building that is subject to this permit is the
arena and will be protected the same as other structures in the area.
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6) Any special use permit approval will require compliance with the building
code requirements for the structure. There are no public water supply
requirements for this type of activity.
7) The riding stable became a nonconforming use in January of 1995 and all
rebuilding done was done without permits because they were classified as
an agricultural building. As such no permits were required. This issue was
reviewed by the County's Chief Building Inspector at that time. The arena
are was the only portion of the building reviewed. The portions of the
building containing the tack shop and apartment were not reviewed, since
there was no activity occurring at that time on those areas of the building.
8) The proposed tack shop will only be open from 10:00 A.M. to 5:00 P.M.
and will not have any outside lights attributable to the business. There are
no lighting requirements that the County has for any other type of use on
the property that would be subject to regulation. There are no noise or
visual pollution standards that could be attributed to the proposed special
use permit that would appear to be a violation of any standard in the
County's regulations.
Another issue noted in a letter from Dan and Patricia Weitzenkorn is the covenants
attached to the property in question. The County's normal position is that
covenants and deed restrictions are only enforceable by the property owners
subject to the covenants. The County Attorney has stated that the Commissioner
can take the covenants into consideration in making a decision based on the
compatibility of the proposed use with the area. The question of compatibility of
the proposed use should be based on the compatibility of the proposed commercial
use with the uses allowed in the area. The use of the property for the feeding,
breeding, management and sale of horses is an allowed use. The riding arena was
a use by right until January of 1995, after which it became a special use permit. As
a result, the riding stable is a legal nonconforming use, that would require a special
use permit for any expansion of the use. Staff has already taken the position that
the existing operation is an agricultural use and that the sale of the tack for the
horses is compatible with the operation. As such staff would say that the proposed
use is compatible with the existing uses on the property, which are consistent with
the uses allowed in the A/R/RD zone district. Given the limited level of
commercial sales that would be allowed under the proposed land use permit, staff
does not feel that the covenants are a basis denial of the application.
IV. SUGGESTED FINDINGS
1. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
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2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. For the above stated and other reasons, the proposed use, subject to the
appropriate conditions of approval is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield
County.
V. RECOMMENDATION
Staff believe hat the proposed u e would be consi ent with the agricult . e -related
business sp cial use permit, if rtain issues can .: resolved. It is the s . s
recomme dation that the Bo d continue the he . ' g to have the app : cant provide
additio 1 documentation garding the legal pply of water for t ' - proposed use, a
prop y designed ISD stem. Additiona , that the business ould not be open to the
pub 'c until the appro riate permit is iss d, since it is not a -gal use until the Board
approves the proposed Special Use permit.
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CATAIA & HoUYT, P.C•
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
TRAVIS S. THORNTON
November 25, 1996
Mark Bean, Director
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Weiss Special Permit Application
P. 1
1204 GRAND AVENUE
GLENWOOD SPRINGS. COLORADO 81601
TELEPHONE: (970) 943-6067
FACSIMILE: (970) 945-6292
Dear Mark:
As you know, I have been working with Dan Weitzenkorn on matters related to his
property. His property is located on Cattle Creek contiguous to the Kathy Weiss property. It is
my understanding that Kathy Weiss wishes to legalize her existing tack store on the property.
That is a commercial business that should not be allowed as, in my opinion, it is not agriculture -
related as it does not involve products that are grown or manufactured on site. Those are saddles
and other leather goods associated with horses that are generally sold in a western store. This
store particularly was located in Carbondale for a long period of time and that is the best
evidence of the fact that it is not an agricultural related business.
The Garfield County Code defines agriculture -related business as follows:
"2.02.015. Agriculture -Related Business: A business whose sole function is the
provision of services or retail sales of products, agricultural in nature, as more
fully defined under the definition of Agricultural Land. (A. 81-145)
"2.02.02. Agricultural Land: Any parcel of land presently being used for the
primary purpose of obtaining a monetary profit by raising, harvesting and selling
crops or by the feeding, breeding, management and sale of, or the products of,
livestock, poultry, fur -bearing animal, or honey bees, or for dairying and the sale
of dairy products, or for any other agricultural or horticultural use of animal
husbandry or any combination thereof."
In my opinion, agriculture -related business consists of selling hay, milk, livestock or
vegetables from a farm. Those items that are actually associated with that agriculture and not
selling saddles which are not raised, grown or produced on the property, and are used for the
purposes of recreational and competitive horse riding,
WEITZEN KORN-Bean-1 tr-2
' _LF 1 !_HLuTH H'1_JFT, P. .
CALOIA & HOUPT
Mark Bean, Director
Page 2
November 25, 1996
• •
Code Section 2,02.449 defines a riding stable as "an establishment where instructing in
riding, jumping and showing horses is offered for a fee and/or the general public may for a fee
hire horses for riding." It is hard to argue that sale of tack for riding is related to an agriculture -
business when the Code defines a Riding Stable in a separate category, requires a special use
permit for a riding stable, and tack sale is associated with the Riding Stable use not the
production of hay, feeding, breeding and sale of horses which is the agricultural use.
The second item I would like to draw to your attention is the fact that Ms, Weiss is
currently out of compliance with well permits for the property. She has three decrees for wells
for the property for use for one single family dwelling each and no more. Those three individual
decrees and well permits are capable of supplying in-house water for domestic uses only. She
has been cited by the division of Water Resources for being out of compliance and is currently
engaged in correcting that condition. Such noncompliance includes all irrigation, all use in the
stables and all commercial type uses. She must provide adequate water to be able to use her
wells for the existing commercial riding stable, arena and additional houses and all commercial
areas that she has on her property .
A commercial store such as this, while not a high water user, does consume a limited
amount of water. Such water uses include restroom facilities, handwashing and washing of the
facility. Since Ms. Weiss is out of compliance with water use for all other commercial aspects of
her operation, she cannot rely on water for that other operation in conjunction with operation of
this store. Any other commercial operation would be required to have a well, a water tap, or
means of supplying water for its employees and customers at least to a small degree. It is not
within your regulations to allow this application to be approved because she has not established
that there is any water available for this facility.
Lastly, there are deed restrictions or covenants that are currently on Ms. Weiss' property
placed there by a common predecessor in interest to both my client's and Ms. Weiss' property.
Those covenants were placed to protect my client's predecessors from encroaching dwellings and
commercial uses. Allowing for a commercial business use on the property is clearly a violation
of paragraph 5 of those covenants. Paragraph 5 states: "None of the lands shall ever be used or
occupied for any commercial or business purpose..." The Amendment states "among the uses
permitted on such lands shall be equestrian related uses which shall., .permit equestrian training,
care or related equestrian activity..." This does not include a commercial retail store. By
approving a use that is outside of the covenants, the Commissioners are allowing for violation of
the covenants. The County should not grant a special use permit when this covenant issue has not
been addressed. If Ms. Weiss asserts that the covenants do not prohibit this activity the County
should ask for proof of that before granting her application. To make the way for a property
owner to violate covenants is not something that the County should provide for.
WEITZLNKOi.N-Bean•Itr-a
inwri 45.00P
'q,-, l_1E.:7.`PH _HL! -?IH Hi_'UPT.
CALOIA & HOUPT, P.C.
Mark Bean, Director
Page 3
November 25, 1996
• •
The special use permit application filed by Ms. Weiss is not in keeping with the area as
cited in my client's letter, nor is it applicable in this situation. I am unable to be at the hearing
as I will be out of town. We ask that you deny this permit as it is not one that was contemplated
by the Code nor is it appropriate due to the other deficiencies shown herein.
SAC : nla
cc: Dan Weitzenkorn
W EITZEN KORN-Scan-1 tr-2
Very truly yours,
CALOIA HOUPT, P.C.
Sherry A. Caloia
/4
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
• •
CALOIA, Houvr & LIGHT, P.C.
ATTORNEYS AT LAW
August 20, 1996
Mark Bean, County Planner
Garfield County Regulatory Office and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Kathy Weiss' Property
Dear Mark:
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
I am transmitting for your information, a copy of the Division of Water
Resources, Notice of Corrective Action addressed to Kathy Weiss. This particular notice
concerns several uses occurring on her property that she is not entitled to serve with
water from her wells. I know that she has discussed the use of her property as a retail
store as well as for other uses with your office. Please keep this on file, as should there
be any action necessitated by your office, we wish that you consider the water situation
for such review.
Please call if you have any questions.
SAC:nla
Enclosure
cc: Dan Weitzenkorn
WEITZENKORN-Bean-ltr-1
Very truly yours,
CALOIA, HOUPT & LIGHT, P.C.
••
STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
Subject: CORRECTIVE ACTION NOTICES FOR MARY E. WELL NOS. 3 AND 4
Rov Runmr
Gr,vurnur
Jamo> ti. LII( hhcad
Execuuvc Dir,,tnr
Hal D Simp,r,n
Stmy En,rnrr•r
Orkin I. Iir•II
L)RI-w n Lnq:nr•t•r
Dear Ms. Weiss:
Per my field inspection and our verbal conversation on June 18, 1996, regarding your Crystal
Springs property, I am officially notifying you of my findings. It appears the use of Mary
E. Well No. 3 and Mary E. Well No. 4 have been expanded and not approved by the State
Engineers Office. Both of these wells are located on Parcel No. 23-2393-143-00-230.
Enclosed are Corrective Action Notices for each well noted above.
Additionally, depending on how you proceed regarding this matter, it may be a good
opportunity to review future uses of Weiss Well No. 1 (Well Permit No. 168339) and Well
Permit No. 79109 (Saunders Well), both located on your southerly parcel, Parcel No.
23-2393-144-00-081.
Please contact me if you have any questions regarding this matter.
Sincerely,
Dwig}f€ M. Whitehead
Water Commissioner (Wells)
: dmw\order . s eo\weisscov.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
-Sherry Caloia
i
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STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
MARY E. WELL NO. 3
168341
S1CW102
Roy Romer
Governor
lames S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlon I. Bell
Division Engineer
Dear Ms. Weiss:
Per research of the Mary E. Well No. 3, Well Permit No. 168341 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation and the watering of commercial stock, which was not approved by THE OFFICE OF THE
STATE ENGINEER. The expanded use of the additional dwellings (basement apartment, new home
and proposed guest home) lawn and garden irrigation, and commercial stock watering from Mary
E. Well No. 3 is a violation of the conditions of approval for Well Permit No. 168341. Well
Permit No. 168341 was approved for HOUSEHOLD USE ONLY "approved for household use only, for
one (1) single family dwelling and not to be used for irrigation or any other purposes." The
conditions of approval for Mary E. Well No. 3 were assigned per decree, Case Number noted
above.
At this time one of the following must occur:
1) All unapproved additional dwellings, lawn and garden irrigation and commercial
stock watering uses must cease immediately and the piping system for the
unapproved expanded use must be permanently disconnected. Well Permit No. 168341
must conform to the conditions of approval "approved for household use only, for
one (1) single family dwelling and not to be used for irrigation or any other
purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
Office Of The State Engineer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
Please contact me if you have any questions regarding this matter.
: dmw\order . seo\weissmw3.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
l Sherry Caloia
Sincerely,
Dwight M. Whitehead
Water Commissioner (Wells)
• STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
MARY E. WELL NO. 4
168340
81CW285, 86CW41
Ruv Romer
Governor
lames S Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlon I. Bell
Division Engineer
Dear Ms. Weiss:
Per research of the Mary E. Well No. 4, Well Permit No. 168340 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation, watering of commercial stock, and stall cleaning, which was not approved by THE
OFFICE OF THE STATE ENGINEER. The expanded use of the additional dwellings (apartment, and
clubhouse) lawn and garden irrigation, commercial stock watering, and stall cleaning from
Mary E. Well No. 4 is a violation of the conditions of approval for Well Permit No. 168340.
Well Permit No. 168340 was approved for HOUSEHOLD USE ONLY "approved for household use only,
for one (1) single family dwelling and not to be used for irrigation or any other purposes."
The conditions of approval for Mary E. Well No. 4 were assigned per decree, Case Number(s)
noted above.
At this time one of the following must occur:
1) All unapproved additional dwellings, lawn and garden irrigation, commercial stock
watering and stall cleaning uses must cease immediately and the piping system for
the unapproved expanded use must be permanently disconnected. Well Permit No.
168340 must conform to the conditions of approval "approved for household use
only, for one (1) single family dwelling and not to be used for irrigation or any
other purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
Office Of The State Engineer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
Please contact me if you have any questions regarding this matter.
Sincerely,
: dmw\order . seo\weissmw4.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
Sherry Caloia
Dwiit M. Whitehead
Water Commissioner (Wells)
-ve
FROM : !+7sta1 Springs Saddlrru PHONE NO. : n717
Noy. 25 1'95 11:5 4 F'1 P01
4
CRYSTAL SPRINGS RANCH
1609 COUNTY ROAD 112
CARBONDALE, COLORADO 61623
(303) 963-1505
11/25/96
Dear Mr. nark Bean,
For your information:
I purchased the first parcel of what
pisTknownat pasnq
Crystal Springs Ranch in January
I built my 5 stall "Back Barn". I was told nu
building permit was required by the Garfield County
Building Inspector.
13y the Fall of 1983 I built my 16 -stall barn, employee
housing, and indoor riding arena on the next two
parcels of property purchased. Again, I was told by
Bud that no building permit 'gas required as it was
classified agricultural use and all housing was for
Ranch employees.
By 1989 1 purchased the adjacent two parcels and kept
that zoning residential• for and received a
In the Spring of 1996 1 applied
building permit for my new house currently under
construction.
Sincerely,
Kathy Weiss
We the undersigned resnts and property owners of County R•112 are opposed to
the special use permit for 1609 County Road 112 for the following reasons.
1) Water use on the property has been expanded without approval by the State Engineer's
office.
2) Seven dwelling units are already present on the one parcel.
3) The property already produces a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There is evidence of health concerns from inadequate septic systems and large manure
piles.
5) There are fire concerns related to the existing structures.
6) There appears to be no plan to comply with building code requirements for handicap
access, overhead sprinklers and public drinking water.
7) The non -conforming use, i.e., the riding stable has repeatedly been expanded without
permits.
8) The property is already a source of light pollution, noise pollution and visual clutter.
We request that you postpone the decision on the special use permit until you can
personally observe the situation at the site.
Name Address/
1./5,1 ��
(', ' ��' lam'/r%dam ✓�' /
Signature
/
4. l;:5. Ili EZJ
2-CCI17;1' j 11 L_. c_
A %3C/'ti may' (/""/�
ash- A4'
14
15 -Jclnc // L. . nson C ---(if:ia,s /Z s, d
L.
8. � 1 VP/IR/2A 12,3 ricivrh i z
l 1...✓ i 62 > L'`l . c C C �t / c q' //2.
4 L
12. •, �(' �'� _ /.s `'� -f �-f v/-�I /1
J
07
C , //
`V e cs // - z'./ —4(2
.e/i ''
�; / Y ii
9:
17. "�_c� l �1��(� �� d>, S -� s �„ ti��
:7 • k, Ot ) ,Si ,('.� . Cj j },. 11 rK- ` v-1/�%
19. 1---?..,...-., (.„,.= t._161- t Vic SA«� .5-.:;'k-: l4') (�,-.-
li_ 24-4
20. ''•1A t'- y AN/„l.i..;:/9 J'✓rJ,or; (/5 5N6., .= S 4i.HLC-e ' ��:'(�t,� .� ,., :� r ,-, ,y�rc�/
V
5%,‘
,fir G
'
We the undersigned lidents and property owners of County )id 112 are opposed to
the special use permit for 1609 County Road 112 for the following reasons.
1) Water use on the property has been expanded without approval by the State Engineer's
office.
2) Seven dwelling units are already present on the one parcel.
3) The property already produces a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There is evidence of health concerns from inadequate septic systems and large manure
piles.
5) There are fire concerns related to the existing structures.
6) There appears to be no plan to comply with building code requirements for handicap
access, overhead sprinklers and public drinking water.
7) The non -conforming use, i.e., the riding stable has repeatedly been expanded without
permits.
8) The property is already a source of light pollution, noise pollution and visual clutter.
We request that you postpone the decision on the special use permit until you can
personally observe the situation at the site.
Name
Address
Signature Date
41.‘r.),4,,) f c_ , /, ,.,. L' c . —::h -�.i .÷ 4-... /-� - r_._..-; /�' -
42. ,'/ /.% 7�./.;GJ�I /Y11=- 6717 %' ?-F:: /-4
43. l,z U( t Vic `r c��,c-, //' '
tl'1 j�i� C . i'I OA L 4
...,
44. , ;, 1--..
�,/
v/z-",r'/ /!,,7/'/!
45. 46, 4.e .'r. r_ , � . •� -'
•
47.x; .i-/ ;-\
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
.1 ! _..ts
!.2 / _ f tai
,. �`F>
� C
2f
We the undersigned relents and property owners of County Re 112 are opposed to
the special use permit for 1609 County Road 112 for the following reasons.
1) Water use on the property has been expanded without approval by the State Engineer's
office.
2) Seven dwelling units are already present on the one parcel.
3) The property already produces a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There is evidence of health concerns from inadequate septic systems and large manure
piles.
5) There are fire concerns related to the existing structures.
6) There appears to be no plan to comply with building code requirements for handicap
access, overhead sprinklers and public drinking water.
7) The non -conforming use, i.e., the riding stable has repeatedly been expanded without
permits.
8) The property is already a source of light pollution, noise pollution and visual clutter.
We request that you postpone the decision on the special use permit until you can
personally observe the situation at the site.
Name
21. V
22. T,
23. I' r�
Address
24.E,k
25. `- I �1;, ,
26. . i;Z.,. _
27.
,k 28.
29{
30.
31.
32.
33.
34.
.>4.1 ,A rA 1 1`,.LA,
iItSu ,044/
/
, l / _(-Ci
7 c L
i CV
Signature Date
,
rr t?-- r_-_, Cr„Ll,, � f -, (.;,./ iC( it
i "1I....;z3(( , ,
,, aC,f:fl >,1 i
Ar
X74
G -G4
// J�
c466? /42 .
35.
36.
37.
i5
-1
-41
L /
47. td.yt-rt4-.— Lttowt, /',
// . e r , ! , !� �r�. v%Y,i>•��
Com- ,-. 'tl , Ce At L13
38.
39.
We the undersigned r idents and property DWnefs c,t County
411V 112 arc vvpoycd to
tile special USC pt
nit for 1609 County Road 112 fot the following csaSons.
, site' haw been expanded without Approval by the State ingtnoor's
)) Water t.160 on the proP
offlac.
2) Seven dwelling, units are already present on the one p
r,rcel
3) The property Mirordy produces a large amount of traffic with eubsrqusnt dscreaao in
safety for rnotorius, pedestrians And horseback riders
4) There it ern
denc• of health concerns from Inadequate septic eytitems sod Tarso manure
piles,
S) There aro fire concerns related to the existing structures.requirements for harldicaF
appears to be no plan to comply with building code
6) There apps ubi,c drinking w,t' ar.
access, owrhetwd spr-inlJerrs and P s►ridcd without
7) The tion -conforming use, 'Le., the riding stable has repeatedly been c%p
permits
,-, , � >n, nui;e �,ulh�t;un and visual clutter.
8) The prnpertti is already a svutce v- ,tlyht Nulrutit r
We request that you postpone ono the decision on the special use permit until you can
personally obsorvo the situation at the site.
Address
Nsms
,.1 fit' OAU?
C r1 t .. J
3
4.
5
b. - .-+.—.-- ----- -
Sisnuturo
Dice
O.
1 I
12
17
18
19
20.
23'-
• •
F. .r tsy6
November 25, 1996
To The Board of County Commissioners, Garfield County:
I am opposed to the application for a special use permit for 1609 County Road
112. The permit would allow a commercial use in an agricultural/residential/
rural/density zone. According to the application, a retail operation has been
present since 1980 in violation of the zoning resolution. I became aware of the
operation when the store in the town of Carbondale was closed, which I believe
was 1/ to 2 years ago. At that time newspaper advertisements directed customers
to the new locations on County Road 112. These advertisements were complete with
detailed maps. The rural nature of our neighborhood is changing and we don't
need the county accelerating this trend by permitting a commercial use. I am
also concerned about the precedence of a commercial operation on County Road 112.
How can you find that it is agriculturally related when it was operated for so
long at a separate store in Carbondale?
I would like you to consider the nature of the existing business of the site.
Originally there was a riding stable and arena area. I recognize this as a non-
conforming use. The riding arena has been greatly increased in size and outdoor
lighting has been added. All these expansions of the non -conforming use are
inappropriate. The county has erred in not requiring a special use permit for
these changes.
It is also a big stretch to view this elite and highly expensive horse training
facility as a "farm". This is not an instance of the family farmer trying to
make ends meet in order to keep the homestead in the family. The property is
already highly commercialized with up to 200 vehicles arriving for catered jumping
demonstrations complete with outdoor PA systems. The result has been greatly
increased truck and passenger vehicle traffic with associated decreased
safety, increased need for road maintenance, and loss of rural character.
Another issue that has raised near uniform concern among the neighbors is water
use. The state has determined that water well use has been expanded without permits.
A commercial use does consume water for restroom facilities for employees and
shoppers. Thus there is no water for this commercial use on this property.
The next issue to be addressed is the agricultural aspects of the operation.
In general this is a poorly run operation. The pasture that is left after the
development on the property is being abused. It is covered in vine weed and soil
erosion is obvious. The slightest wind in mid summer raised dust clouds from
what should be lush meadows. Manure disposal is a routine aspect of any livestock
operation. The preferred method here seems to be to push it against the fence
resulting in part of it lying on the neighbor's property.
•
I would like to address the dwelling units on the property. Most recently a permit
was issued for a 4000 square foot home, three car garage and attached caretaker
unit. This permit was issued based on the part of the zoning resolution that
allows for "buildings for shelter or enclosure of persons employed" in
agricultural uses. As I've stated, this is not a farm. If the operation needs
to house employees they should be in homes in approved subdivisions or in town.
The employee/residents do not have a stake in the neighborhood and continually
increasing density on the property is a danger to property values, and quiet
enjoyment of the neighbors. These issues should be addressed prior to permitting
more uses.
When the current owner purchased the property she was aware of deed restrictions.
I have attached those deed restrictions for your review. They prohibit commercial
uses, see paragraph 5. We ask that you require the owner to comply with these
agreements which encumber her property and do not permit more uses. The deed
restrictions prevent the retail from operating. I am in O'Brien's chain of title
and believe I have the right to ask for enforcement.
In conclusion, I would like to thank the County Commissioners for their time and
effort on this issue. Let me assure you that I have tried to handle these problems
on a one to one basis with my neighbor without success. This issue has come before
the commission at great expense in valuable staff time only at the insistence
of the applicant.
Sincerely,
/4/[41,1'
Dan E. weitzenkorn
2077 County Road 112
Carbondale, CO 81623
970-963-8694
Patricia G. weitzenkirn
2077 County Road 112
Carbondale, CO 81623
970-963-8694
:i ;u )� •
I /
irj; ?'' vire,)r,
Record.,! o
Recept on •J(!33 Z.11.621-;4-41b.-V7
Order.
Y
THIS DEE11th D, Made this day of Ma , 19 79
between
MARY E. O'BRIEN and JOHN f.. O'BRIEN
of the
County of . ,-;ARFIELD and State of Colorado, of the lint part, and
MARY MICHEL)•fBURpEN
U g
y �N
whose legal address v y\C IELD'601 1 t d Buts of
of the County of
COLORADO
Colorado, of the accord part: .
W1TNESSE H, That the said part of the flret part, for and in consideration of the sum of
DO LLA RS
TEN nOLLARS AND NO/100
to the said parties of the first part in hard paid by said pan y of the second part, the receipt whereof Is
hereby confused and acknowledged, has granted, bargained, sold and conveyed, and by these presents adsoslgns for -
grant, bargain, sell, convey and confirm, unto the said party of the second part,her
heirs end
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Garfield and State of Colorado, to wit:
That certain parcel of land described in the attached
Exhibit A which by this reference is incorporated herein
as a part hereof. -
The property herein conveyed is subject to the restrictive
covenants set forth in Exhibit B hereof which by this reference
is incorporated herein as a part hereof.
Alto 2 1 1,91n
STl'T ►V71 TT'IY Ft
Ai
also known as street and number
TOGETHER with all and singular the hereditament. and appurtenanere thereto belonging, or in anywise
appertaining, and the reversion and reverrions, remainder and remainders, rents,us and rof is thea loft Indlalt
the estate, right, title, Interest, claim and demand whatsoever o! the said part issethe first
or equity, of, in and to the above bargained premises, with tho hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
•aid part y of the second part, herhein and assigns forever. And t:,e card parties of the first part,
for them sat yes heist, useutors, and adntinlotrators, do covenant, grant, bargain, and agree to and
with the said part Y of the aerond part, herheirs and assigns, that at the time of the eusealing and delivery
of thew presents,well seised of the premises above conveyed. u of good, sun, perfect, absolute and
ind Ssuible estate of inheritance, in law, in fee simple, and haVe good right, full power and lawful r.uthority
torrent, bargain, sell and convey the same In manner and form u aforesaid, and that the same are free urea dear
from ell former and other grants, bargains, sales, liens, taxes, smente and encumbrances of whatever kind er
nature soarer.
Reservations as contained in patents,from the United States,
'asements for ditches,,roads and utilities, taxes for the. year
1979 payable.,in1980. �1. e•:
}••
r the above bargained premises In the gales and peaceable possession of the said party
of the second part,
ler heirs and assigns against all and every person or persona lawfully claiming or to claim the whole
or iy part thereof, the said part Les of the tint part than and will WARRANT AND FOREVER DEFEND,
1N WITNESS WHEREOF, the said part les of the first part ha Ve hereunto set hand
the day and year first above written.
an( seal
STATE OF COLORADO,
County of
.• ,,,, ,r11.e,foregoing instrument was acknowledged before me this /f —
�' K f, by MARY E. O'BRIEN and 30HN G. O'BRIEN N
ynifdVon expires Vol 43 -
OTA Ry
Upk.\G ' f <
. •�.y� IAS _ ��_: .___ _ ._-_—
liI,)n'e. $t2. W Aima re DRita...r.e rlrweTs u..rl.—terearw+ resns►sas oa. tn444 n.n.w, Name&•,.+n
EAL)
^
14S EAL)
...........(SEAL)
day of fr,,,
•Witness myhand ann/d� official seal.
�-
,
•
• ;f ..r
1 '
e'
Yr K''K .ii i P�E `")J•1
.A parcel of 1aituated in the NW;SES and NESWf
Section 14, Township 7 South, Range 88 West. of the Sixth Principal'Heri
than lying southwesterly of tlie southwesterly right-of-way line
d ,.
of a county road as constructed and in place, said parcel of
land is described .as follows:•
Beginning at the West Quaiter Corner of said Section 14, being ,1 '�!`.�'
a rock found in place and properly marked, thence S. 80'13'00"
E. 3316.55 fret to a point- in the center of a 30 foot road and
utility easement, thence N. 53'39'57" E. 451.17 feet along the.,r
centerline of said easement to a point on the southwesterly.<;
' right-of-way .line of said county'. road ; thence. S . 68'00'41"
<f 1 43.56 feet along the southwesterly right-of-way line of said y,
county road;',S. 58'33'57" E. 288.49 feet along the southwester1y4
right-of-way line„of said county road; thence S. 63'13'27” E.;:.;;,:
109.10 feet along the southwesterly right-of-way line of said
county road; thence S. 60'14'24" E. 80.67 feet along the south-
westerly right-of-way line of said county road; thence S. 45'53'34
E. 59.33 feet along the southwesterly right-of-way line of said
county road; thence S. 42'13'55" E. 243.26 feet along the south -.`•y'"
,*westerly right-of-way line of said county road; thence S. 33'14'10'..:,
�;.t. 192.13 feet along the southwesterly right-of-way line of said*-'"..`"
county road; thence S.."22.43'44" E.,._131.11 feet alor.g the south-.�FY� .1•
.westerly right-of-way:line:of said county road; thence
S. 59'10'17" W., 394.61 feet; thence N. 50'27'42" W. 1090.04
feet to the,True Point of Beginning.
Z7
•1:1,
• 533 ►ea535
1. Number arr1 Lc,ca''.>r>" '>' .1. _-. No flu, \dinars or other
structures shall he pfac�fc'the lancieotheror than fitted,: t;
to remain on any Lot Ti"- lv
rti C
a. any detached single 1"' •• .1wellinl house, and
b. one quest or servantH; 11onsrt, and
•
c. one attached or detached crarage, and
ri. one barn or stable or other non-residential outbuilding,,
other than a garage.
All *Welling houses shall 1» located not less than 50 feet
from'•the property line hoarding the county road; 25 feet
"r;
from'the rear property line; and 15 feet from the property
side line•
•
;1
h,1 � 'd
1• S ski
2. D�+elll inq House to be Constructers First. No guest •house, ,;.,;.• *. �+k
ri gut.:
servant douse, garage, stale, barn, or other outbuildings i<
shall be constructed on any tract until after commencement ,•.
of the dwelling house on the same tract. All coen�reachon _.T. ;
y.r
and alteration work shall be pursued diligently ..,k
building structure or improvement which is commenced on any.- w ,.
tract shall be entirely completed within 18 months after •
•t;.,,t'e
commencement of the structure. Failure to complete any .
structure within such period may subiect such to removal.
3. Used or Teruorary_Structures. No used or previously erected
or temporary mouse, structure, house trailer, or non -permanent: ;'»
outbuilding shall be placed or erecte-1 or allowed to remain•�
on any tract except during construction
periods, and no oldwi1ling
r
'•,{,x,
house shall be occupied in any
on
A4. Government t 1ulat.ions, None of the land; shall he used for , 1
any purpose contrary to the zoning, subdivision nr building',.
regulations in c'arf ie111 County, validly in force from time
to time, except that the same may be allowed under said
regulations as non -conforming uses or under special rev.ew
procedures.
5.,'No Business Uses. None of the lands shall ever be used or
occupied for any commerciainorsbusinesssprunoser borf�for
ianycl ny1 ".,
to bees activity,
to done on any part of the lands which is a nuisance or i•..i1,r
might become a nuisance to the owner or owners of any said
•i?:j.
lands of adioininq lands. No storage of machinery or 1.,•;
equipment shall be maintained on any of the lands an'3 all
service yards, trash yards, wood niles or storage piles shall . A;.
i%•
be kept screened by adequate plant:na or fencing so .,s to •"�'`•a'°'
conceal them from the view of neinhb7"rinn tracts ar.:1 roarls•',
u'r
.
•:
4.
No rubbish, trash or Junk shall he ai:c"ri to accumulate
9i
on any of the lands.
6. Towers and Antennae_. No tower=. or r•i.1r" car television antennae .t'}
ti- gFier than 3 root above the highest roof line of the dwcllinq,.4:t"1;
house shall bre erc•ct:ed nn any trnrt, and all such towers
»r 11 inn hound nr. • '
lad antennane 511.111 be nttnrhr�l nal rtx
gtlust hour;c• nr ,toy l ract , ),V
fa
7. Architectural_ Control. No ref icrt.inn roe+I � <na' 1 hr used or �':,
permitted to remain on ar.y build>_nrts ot structurese planti•
within the tracts. The exterior colors ur.od on all buildings.,
or structures within any tracts shall be harmonious with
the natural surroundings. No main dwelling unit shall contain;';•:•
less than 1,000 square feet of living arca, and no guest ;•`
house less thin 600 square feet. `r
-2e-
it\10 533 P,,:..k36 ;.4:(. � ."
IP ' %:;i-
8. Tanks. no elevated tanks of any kind shall be erected or place•d.
-
or permitted on any tract and any tank used in connection �t
with any dwelling house orother structure on any tract a' 6'�
including tanks for storer e of gas, fuel, oil or water shall
be buried. ,,
9 Underground Utilities. Upon subdivision of any tract into
ti.. less than 10 acres, all utility lines serving all such sub
dividid tracts shall be placed underground: ,,, y sj
10. -Si n With the exception of one for rent or for sale sign, `
CiF c , hall not be larger than 20 x 26 inches and except
for one entrance gate sign of an harmonious style and design,•y�'
no advertising signs, billboards, unsightly objects or .,ji.;•'.
nuisOaes shall be erected, altered or permitted to remain. tYti '
OR a tract.
11., Re._ ctions on Re -subdivision. ' Not withstanding the provisionei
:: ET any su63IvTsfon or zoning regulations promulated from w�tik�
time to time by Garfield County, or any political subdivision #tf:::
or agency thereof, the land shall not be re -subdivided into 4,,
smaller parcels nor conveyed or incumbered in parcels of t,'
less than tracts of five acres each. „,VV
12. Easemet\ts. Any access roads or easements to the lands shall.{�+`,,y.
be made available to adjoining landowners for access as
perpetual,non-exclusive easements.: and rights-of-way.,.
13.; Culverts or bridges.'`Shall be installed or constructed atTt
any ocatfon w�iere any roadway crosses an irrigation ditch ��'s:
so as to provide for the uninterupted flow of said ditch. ,•.f,.4j,;
14. Enforcement Actions. Any of the owners of tracts affected Y`.
by these covenants shall have the richt, at any time, to i{
•enforce therese covenants by an action for injunctive relief
1s4ndfor damages by;reasonof violation.of any of these covenants;;'
Y}.
15. Termination of Covenants. '_'hese covenants shall extend and 'I ..,3,1.
run for:a period of wears. A,
16. The burden of these covenants and restrictions herein contained'.,
shall be covenants that run with the land. �.
G4jJs
;I-.17.,`,_Severability. Should any part or parts of these covenants _ .,t•
be declared invalid or unenforceable by any court of competent
jurisdiction such decisions shall not affect the validity 4i '..
of,,.the.remainingcovenants.:
�,;furr'ia•w;�;' t'�•r ,,ta�'
,stns,7"
;u
•
29 -
411011111111, 41110-1,.
••
•
8. Tanks. no elevated tanks of any kind shall be erected or placed
, or permitted on any tract and any tank used in connection :
with any dwelling house or other structure on any tract
including tanks for storage of gas, fuel, oil or water shall;,-,
\e• ' be buried .
.......4 . .., .
9. Underiround Utilities. Upon subdivision of any tract into
less than 10 acres, all utility lines serving all such sub-.
divided tracts shall be placed underground.
,,..
10. in7. With the exception of one for rent or for sale sign,
which shall not be larger than 20 x 26 inches and except
for one entrance gate sign of an harmonious style and design,Its
no advertisin'f signs, billboards, unsightly objects or
nuisances sh411 be erected, altered or permitted to remain.
on any tract.'.!
11. ReFtriCtiOnS on Re -subdivision. Not withstanding the provisions,
As
of any subdivision or zoning regulations promulated from
time to time by Garfield County, or any political subdivision
or agency thereof, the land shall not Le re -subdivided into
,
smaller parcels nor conveyed or incumbered in parcels of
less than tracts of'five acres each. ..
•
7
12. Easements, ny access roads or easements to the lands hall :,
be made available to adjoining landowners for access as
,e,),.'9..
perpetual non-exclusice easements and rights-of-way.
13. Culverts or bridges. Shall be installed or constructed at
any locaion where any roadway crosses an irrigation ditch
so as 1,4 provide for the.uninterupted flow of said ditch.
/
Enforcement Acions, »n'/ of the owners of tracts affected
.
by these covenants anal,. have the right, at any time, to
enforce therese covenants by an action for injunctive relief •-:,.:1
and for damages by reason of violation of any of these covenants.
..,', .
r15. Termination of Covenants. Thee covenants shall extend and
run for a period of 21 years.
.'4f ,, - • ,:4 ,
16. The burden of these covenants and restrictions herein contained . i.T
Shan be covenantsthat run with the land.
17.. Severability. Should any part'or parts of these covenants
ide declaredinvalid or unenforceable by any court of competent
jurisdiction such decisions shall not affect ,..he validity
of,the remaining oovenants,
. .
• .,. ,•
• STATE OFOLOIADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
Subject: CORRECTIVE ACTION NOTICES FOR MARY E. WELL NOS. 3 AND 4
Dear Ms. Weiss:
Roy Rumor
C ,venurr
Wme> S L, ehhead
Executive Daeuor
Hal D Simpson
Slate Engineer
Orlyn 1. 14011
Divunm En4inocr
Per my field inspection and our verbal conversation on June 18, 1996, regarding your Crystal
Springs property, I am officially notifying you of my f_ndings. It appears the use of Mary
E. 'r)e11 No. 3 and Mary E. Well No. 4 have been expanded and not approved by the State
Engineers Office. Both of these wells are located on Parcel No, 23-2393-143-00-230.
Enclosed are Corrective Action Notices for each well noted above.
Additionally, depending on how you proceed regarding this matter, it may be a good
opportunity to review future uses of Weiss Well No. 1 (Well Permit No. 168339) and Well
Permit No. 79109 (Saunders Well), both located on your southerly parcel, Parcel No.
23-2393-144-00-081.
Please contact me if you have any questions regarding this matter.
Sincerely,
Dwig M. Whitehead
Water Commissioner (Wells)
: dmw\order . see\weisscov.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
Sherry Caloia
•
• STATE OFOLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
Dear Ms. Weiss:
MARY E. WELL NO. 3
168341
81CW102
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlyn J Bell
Division Engineer
Per research of the Mary E. Well No. 3, Well Permit No. 168341 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation and the watering of commercial stock, which was not approved by THE OFFICE OF THE
STATE ENGINEER. The expanded use of the additional dwellings (basement apartment, new home
and proposed guest home) lawn and garden irrigation, and commercial stock watering from Mary
E. Well No. 3 is a violation of the conditions of approval for Well Permit No. 168341. Well
Permit No. 105341 was approved for HOUSEHOLD USE ONLY "approved for household use only, for
one (1) single family dwelling and not to be used for irrigation or any other purposes." The
conditions of approval for Mary E. Well No. 3 were assigned per decree, Case Number noted
above.
At this time one of the following must occur:
1) All unapproved additional dwellings, lawn and garden irrigation and commercial
stock watering uses must cease immediately and the piping system for the
unapproved expanded use must be permanently disconnected. Well Permit No. 168341
must conform to the conditions of approval "approved for household use only, for
one (1) single family dwelling and not to be used for irrigation or any other
purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
Office Of The State Engineer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
Please contact me if you have any questions regarding this matter.
: dmw\order . seo\weissmw3.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
.e''Sherry Caloia
Sincerely,
Dwig3`it M. Whitehead
Water Commissioner (Wells)
32-
4
• STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
MARY E. WELL NO. 4
168340
81CW285, 86CW41
Roy Romer
Governor
lames 5. Lochhead
Executive Director
Hal 0. Simpson
State Engineer
Orlyn ( Bell
Division Engineer
Dear Ms. Weiss:
Per research of the Mary E. Well No. 4, Well Permit No. 168340 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation, watering of commercial stock, and stall cleaning, which was not approved by THE
OFFICE OF THE STATE ENGINEER. The expanded use of the additional dwellings (apartment, and
clubhouse) lawn and garden irrigation, commercial stock watering, and stall cleaning from
Mary E. Well No. 4 is a violation of the conditions of approval for Well Permit No. 168340.
ell Permit No. 16843 was approved for HOUSEHOLD USE ONLY "approved for household use only,
for one (1) single fam:'_y dwelling and r.ot to be used for irrigation or any other purposes."
The conditions of approval for Mary E. Well No. 4 were assigned per decree, Case Number(s)
noted above.
At this time one of the following must occur:
1) All unapproved additional dwellings, lawn and garden irrigation, commercial stock
watering and stall cleaning uses must cease immediately and the piping system for
the unapproved expanded use must be permanently disconnected. Well Permit No.
168340 must conform to the conditions of approval "approved for household use
only, for one (1) single family dwelling and not to be used for irrigation or any
other purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
Office Of The State Engineer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
Please contact me if you have any questions regarding this matter.
: dmw\order . seo\weissmw4.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Beraquist
_Larry Gepfert
Sherry Caloia
Sincerely,
Dwight M. Whitehead
Water Commissioner (Wells)
33-*
11,26/1996 1O:36 FROM Early Le3rn1n9 Center
Patric McLaughlin
0066 Rocky Road
Carbondale, Colorado 81623
Board of County Commissioners
109 8th St., Suite 303
Glenwood Springs, CO. 81601
Dear Commissioners:
TO
P. O1
Telephone 970-963.0733
I am strongly opposed to the special use permit for 1609 County Road 112! This property
already produces a large amount of traffic, often more than this small road can take. I am
concerned about losing the rural character of my neighborhood, the very reason I bought
my home here, I azn afraid the passing of such special use permits, even one, will
encourage others to seek such permits. I sincerely hope that you have the wisdom to
conserve and preserve this special place in our valley, my neighborhood.
Sincerely,
Patric McLaughlin
34
TOTAL F.U1
•
November 25, 1996
Board of County Commissioners
109 8th Street, Suite 303
Glenwood Springs, CO 81601
7-7
NOV 2 1996
1
Attention: Garfield County Commissioners
We are opposed to the special use permit for the Kathy Weiss
property located at 1609 County Road 112.
We agree with the many objections set forth in a petition
which we signed that was circulated to the residents and property
owners of the County Road 112 area. That petition will be
available to the Garfield County Commissioners at the special
use permit hearing on December 2, 1996.
In addition, we would like to point out that Kathy Weiss
appeared before the Garfield County Commissioners in 1989
objecting to the Pinyon Peaks development. Please note an
article in the Glenwood Post dated July 11, 1989. 77-4-r(ea.)
According to the article, Kathy Weiss objected to:
1. Water, that in her opinion, was not there to
support the Pinyon Peaks Development. Even Though, three
water engineers, as well as the State of Colorado, had
signed off on the water for the development. It is now
interesting to note that Ms. Weiss was notified on 8/19/96
by Dwight Whitehead, water commissioner for the State of
Colorado that she is in violation of expanded use of water
from Mary E. Wells #3 and #4 (copies of violations are in
your files in the courthouse).
2. Impact on the quality of life. Ms. Weiss objected
to the projected increase of traffic on roadj112 and 113 due to
the Pinyon Peaks subdivision. Again, please note that her
"ongoing'' expansions to her riding stable has increased traffic
substantially on these roads to the point that on many days
there are a dozen or more cars parked at the stable, not to
mention the truck traffic that her business has generated.
This is a classic case of two sets of standards.
Sincerely
Dan Ke
Ma y
Ann Keating
0095 Sage Swale Roar'
Carbondale, CO 81623
Glenwood Springs, Colorado
N
M
ci
z
•
Development
Continued from Page 1
harm the water level," Writer said
of the engineers' conclusions.
"It's my full intention to make a
quality -conscious development
there," Writer said.
Concerns were also raised regard-
ing county roads 112 and 113,
which Weiss and others said are al-
ready dangerous.
"I'm concerned about the impact
on the quality of life. That's a 75 -
percent increase in population,"
Weiss said of the development.
"The road is dangerous as it is, and
I don't see how the road can stand
(more traffic)."
Inadequate roads was one reason
a 1979 subdivision request, which
asked for 39 units on the same tract
of land, and an additional 30 units
oo 281 adjacent acres, was turned
down by the commissioners. The
number of units also was a major
blow against the previous plan, said
Writer, who was not involved with
that project.
In light of last week's wildfire on
Missouri Heights, which destroyed
one home and threatened several
others in the Panorama Estates Sub-
division, Commission Chairman
Marian Smith said fire danger and
safety measures need to be expres-
sed to potential buyers.
"I'm concerned that people who
buy and build there have some
protection." she said. "People
oo "Ooy'"'y ..3'4 5
L
u
L.0775
t-
i
•r.
nco 0
c
•l, .-40
5
s
ought to be aware that there
a real danger."
The proposal will inc
10,000 -gallon cistern for fire
tion purposes. A 30,000 stor,
will serve as a central dist
system for 17 homesites
private road which is to be
county road standards. The
ing two sites, with access
off CR 112, will be served
dividual wells, according to
specifications.
Writer said fire safety rr
will be addressed
homeowner's association co
are drawn up. Covenants a
prohibit further subdivisions
ded.
Please see `Development' Page 2
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• •
November 2 ., 1996
Board of County Commissioners
109 8th Street Suite 303
Glenwood Springs_ CO 81601
Dear Couniv Commissioners,
We are opposed to the special use permit for property located at 1609 County Road 112.
As near by property owners we are concerned about the following issues.
Apparent illegal use of water in that residential wells are not being used for adjudicated
purposes and there is no apparent water treatment system for commercial purposes.
?. An increase in traffic and safety concerns on a rural road.
3. flealth concerns about well contamination due to lard_=e amounts of manure.
a. Increased demand on an existing septic system due to many dwellings on the property.
Due to the number of alleged violations on this property we would like to ask that the
hearing on this permit scheduled for December 2, be postponed and ask that you come and
personally inspect the sight
Thank you for your consideration in this matter.
Since
John N. Stewart
cl,:b( 0
fiudith A. Stewart
0710 Cactus Flats Rd.
Carbondale, CO 81623
5 %
AINIM
Mary M. Marks
0190 Sage Swale Road
Carbondale, CO 81623
970-963-9613
November 24, 1996
Mark L. Bean, Director
Building and Planning Department
Garfield County Building and Planning
109 8th Street
Glenwood Springs, CO 81601
NOV 2 ,5 1996
Re: Public Hearing - Monday, December 2, 1996 @ 11:00 a.m
for Special Use Permit for property located at 1609 County Road 112
I am opposed to the Board of County Commissioners granting a special use permit for the property
located at 1609 County Road 112.. In fact, my preference is that any decision about the special use
permit be tabled until the Board of County Commissioners may further investigate the historical
use of water at the site, current on-going operations, and the physical property located at County
Road 112.
1. I want the Board of County Commissioners to investigate historical use of water at the site to
assure that well water is being used within the county guidelines. It has already been deter-
mined that water use by two of the wells is in violation with the State Engineers Office. Both
wells were approved for household use only for single family dwellings. There are now multi-
ple family dwellings using the water and it is being used for lawn and garden irrigation and
commercial stock watering. All of these expanded usages of the water are in violation with the
state. I want to be assured that this expanded usage is not in violation with the county water
usage guidelines.
2. I want the county to observe ongoing operations to make sure that the proposed tack shop is
fulfilling all requirements for handicap access, public drinking water, and overhead sprinklers
for fire deterrent.
3. I am especially concerned about the manure that is piled up along side County Road 112.
Manure is a combustible material. The land directly across the street is densely covered with
trees and sage. The manner in which the manure is being disposed of or rather not disposed of
could cause a potential fire threat not only to the property at 1609 County Road 112, but also to
many of the adjacent neighbors. If a basic thing such as waste disposal can't be handled by the
business at 1609 County Road 112, then I hate to think what will happen if more commercial
operations are conducted on this property.
Sincerely,
r
C,!
Mary M. Marks
11:`2 2:1995 14:09
18189914455
•
P=1I :E FIT=ER
FAX
•
Fg,E 01
To:Board of County Commissioners FAX 970-945-7785
from:Mike and Sheila Fitzer
0207 Cactus Flats Road
Carbondale. Co 81623
Subject: Development on the 112 road
Kathy Weiss Special Use Permit
Date: November 22,1996
W
Ca W
would like to
voice our objection to any commercial development oethe
e rural fadlin
Carbondale. �' feel this would increase traffic flow and dura gn
g
of the neighborhood.
Mil 1tzer
heila Fitzer
Dear County Commissioners,
I will be unable to attend the meeting on Dec. 2, 1996. At that meeting a special
use permit requested by Kathy Weiss will be considered. As a resident of the area, I
want to voice my dissension regarding possible approval of her permit request. The
impact of new building in this area has been felt by all the area residents. My two
concerns in relation to Ms. Weiss' request is water usage and traffic. In the past, Ms.
Weiss has shown an alarming disregard for county planning guidelines as well as water
consumption applications. Dan Weitzenkorn, a neighbor whose property is adjacent
to Ms. Weiss, has prepared a detailed report on her actions or, in some cases, inactions.
After reading it, 1 don't see how you can approve her request. 1 know there are other
concerned residents in the area. I certainly hope you understand your actions in regard
to this matter will affect us all.
•
Nov. 25, 1996
Sincerely,
Mariann Hotchkiss
11-2E-1996 19: 1 3AI.1 FROI.1 ASPEN SKI TOURS 970 94D E933
P. 1
•
DATE: 11/26/96
TO: MARK BEAN
FROM: JANA RONSSE
AFTER RECONSIDERING KATHY WEISS'S REQUEST FOR A SPECIAL USE
PERMIT I FIND THAT I AM NOT OPPOSED TO HER REQUEST. PLEASE REMOVE
MY NAME FROM THE PE -11110N OPPOSING THIS REQUEST.
THANK YOU,
11/26;96 13:48 vso5 238 7897
FLUER. INC.
• •
SENT VIA FAX
Larry and Barbara Fluer
2550 Niderer Road.
Paso Robles, California 93446
November 27, 1996
Garfield County Board of Commissioners
109 Eighth St
Suite 303
Glenwood Springs, CO 81601
Dear Cornmissioners:
a 62
We are property owners at 0477 County Road 112, in Carbondale, Colorado. We heartily support
the issuance of a special use permit for Ms. Kathy Weiss and the Crystal Springs Ranch project It
is our understanding that she has made a request for a tack store to be located 1n an existing bam on
her 70= acre ranch property. Ms_ Weiss and her ranch operation have set the tone and standard for
agricultural use in the 112 Road area. Her operation has been, for some time, a world class training
and educational facility for equestrian activity, and a tack store is harmony and most helpful to this
type of an operation.
Many people have purchased property, built their homes and lifestyles in the area with the Crystal
Springs Ranch as a positive and influential focal point. The area's high property values directly
reflect this positive influence. As we understand Or. Weizenkorn's concerns they appear to lack
substance and are not appropriate to the situation at hand_ Thank you for your attention to this letter.
Cordially,
Lary and Barbara Fluer
0477 County Road 112
Carbondale, CO 81623
P 4l4l17-7-ditt(Si/+t-.Sar'
Pest -it° Fax Note 7671
Y_a i'...-25--96 -25 TUE 09:57 AM CAMP :-: H [I 1_ 1-1 I_ T I_I 'o ARABIANS ' i tt _ _
C i7,729
R i char
and Kaethe Ellis UIiorns
Comp SnoWC Ectus Arabians, Inc.
2075 �r 3:DC -,--_ fi', �It' 1 t' 11UC1
Cv.,--'
•'D3) 9 3 Cmc.^
�' 111��49/�� 6D 7-`
---.111j11-)-0
`
-`�- --� -��i0 "Home of Project _._z"
Garfield County Bc_zd of Commissioners
Garfield County Cc,._,thouse
109 8th St. Suite :03
Glenwood Springs C__ 81601.
RE: Hearing for Ka:_hv Weiss Special use permit, aka, Crystal
Springs Manch, 160 Conty Road 112, Carbondale.
Dear Commissioners,
We wish to state our full support of the above applicant and
the special use permit. This is an appropriate use for this
facility. Crystal Springs Ranch is a world class equestrian
facility and is an asset to our community. Many have located
here because of the equestrian opportunities ..t provides.
This facility has bean in operation since 1980 and only
benefits our mesa. Crystal Springs Ranch has preserved our
rural character and our open space.
The originator of tie petition has grossly misrepresented
the facts to obtain support. If petition signers were aware
of the true motivation of the originator, I feel certain the
signers would not have been part of this petition. please
consider the many people who did not sign, who know the real
reason for this petition, and who wisely elected to not join
in this misguided endeavor.
We will be out of town the day of the hearing, but please
consider our letter with the same impact of anyone in
attendance.
7
Since'"r -,!
rlliams Insurance .Agcy Inc.
~ ;Qi-keC—< L
aethe El is -Williams
Camp SnowCactus Arabians
2075 County Road 112
Carbondale Colorado, 81623
?e5<
i Lo hociencJc de Hozeyno y sus c_oboliitos !
11/25''96 MON 16:11 FAX 3(13 572 6698 POWERS PHILLIPS
•
S ATENCIC>
0,-,..A.PD W. DaILY
R mcw.40r:
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WHILUP5
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POWERS P ILE PS, RC.
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_ JJ
November 25, 1996
VIA FACSIMILE 970-945-7785
Mr. Mark L. Bean, Director
Building and Planning Department
Garfield County Building and Planning
109 8th Street
Glenwood Springs, CO 81601
Re: Special Use Application of Crystal Springs Ranch
•
7E-P--!ONE
5
Dear Mr. Bean:
We own a home in Pinyon Peaks, a subdivision just north of Crystal Springs Ranch. We
have been asked by some neighbors to sign a letter or petition opposing a special use permit for
the Crystal Springs Ranch to sell saddles. Since our views are apparently somewhat different
from some of our neighbors, we thought you might be interested in what may be a minority view.
Wework in Denver during the week and can only be in our home on the weekends.
However, we frequently drive by the Crystal Springs Ranch and occasionally waLk by. We like it
and regard it as one of the foremost amenities of the neighborhood. We are pu77led by terms like
"a source of light pollution, noise pollution and visual clutter." We see it primarily as open land
with a few horses grazing, to us a desirable use of pasture land in the valley; sometimes a dog
barks (so does ours); occasionally we see a horse being trained to jump. We assume that some of
the horse riders who amble along the road in front of our house are from the ranch, but we don't
know.
We have never met Ms. Weiss, the owner of the ranch, nor have we been on the ranch
property, nor do we own horses. We won't be buying any saddles, no matter where they are sold.
If a few of the horseback riders in the area occasionally buy a new saddle at the ranch it probably
won't add much to traffic or noise or even "visual pollution." Maybe it will help make the ranch
viable financially a little longer, and, from our point of view, that would be nice.
Perhaps if we lived week long in our home we would realize the problems that others see
with this ranch. To us, if the folks at the ranch can tolerate us driving by frequently we can
tolerate their selling a few saddles. That seems to be an appropriate ancillary activity for a horse
ranch.
Happy trails to you.
Kathy d Jay Powers
J U!J1
•
STRUCTURAL/CIVIL IENG IN]EIF.118ING • CONTRACTING ♦ CER 11ll11411ED ENERGY DESIGN PROFESSIONAL
December 2, 1997
Kathy Weiss
1609 County Road 112
Carbondale, CO 81623
Dear Kathy:
I have conducted an investigation of your barn/residence/store located at the above address and
have concluded that the building appears to be structurally sound with no superficial flaws,
indications of movement or other typical indicators of defective structures.
In addition, fire separations between business, residential and agricultural appear to comply. If
it is found that they do not comply, changes could be made to accomplish separation
compliance.
Sincerely,
acct.:(PcifeeArte--(
David A. Powell, PE
Reg. No. 25851
DAA POWELL, P.E.
1P.O.130X 631
CAR13ONIDALE, CO. 81623
PHONE / FAX
(970) 963-9869
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
ROBERT M. NOONE
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARO B. OLSZEWSKI
KARL J. HANLON
••/\` u'
DELANEY & BALCOMB, P. C.
ATTORNEYS AT LAW
818 COLORADO AVENUE
P. O. DRAWER 790
GLENWOOD SPRINGS, COLORADO 81602
Dwight Whitehead
Division of Water Resources
Water Division No. 5
P.O. Box 396
Glenwood Springs, CO 81602
Re: Kathy Weiss' Wells
Dear Dwight:
Telephone: 970.945.6546
Facsimile: 970.945.8902
December 2, 1996
OF COUNSEL'
ROBERT DELANEY
KENNETH BALCOMB
I enclose a copy of Wayne Goin's engineering reports, including an analysis of well
permitting for your file. I also enclose a copy of a water right plan for augmentation app cation that
was filed on Kathy's behalf on December 2, 1996. It is my understanding that your niece will not
require Kathy to discontinue water use as long as she is moving to correct the well permit problems
as soon as possible.
We are progressing to resolve this matter as expeditiously as possible. Please call me if you
have any questions.
Very truly yours,
DELANEY & BA, COMB, P.C.
By:
Scott Balcomb
SB:mms
Enclosures
xc: Kathy Weiss
Ron Wilson
N1€1U 25 '95 05: 51PM C:ALOIA & HOUPT, P . C. P.1
• •
CALOIA & 14OTJPT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOU'T
TRAVIS 8. THORNTON
November 25, 1996
Mark Bean, Director
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Weiss Special Permit Application
Dear Mark:
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE; (970) 945-6067
FACSIMILE: (970) 945-6292
As you know, I have been working with Dan Weitzenkorn on matters related to his
property. His property is located on Cattle Creek contiguous to the Kathy Weiss property. It is
my understanding that Kathy Weiss wishes to legalize her existing tack store on the property.
That is a commercial business that should not be allowed as, in my opinion, it is not agriculture -
related as it does not involve products that are grown or manufactured on site. Those are saddles
and other leather goods associated with horses that are generally sold in a western store. This
store particularly was located in Carbondale for a long period of time and that is the best
evidence of the fact that it is not an agricultural related business.
The Garfield County Code defines agriculture -related business as follows:
"2.02.015. Agriculture -Related Business: A business whose sole function is the
provision of services or retail sales of products, agricultural in nature, as more
fully defined under the definition of Agricultural Land. (A. 81-145)
"2.02.02. Agricultural Land: Any parcel of land presently being used for the
primary purpose of obtaining a monetary profit by raising, harvesting and selling
crops or by the feeding, breeding, management and sale of, or the products of,
livestock, poultry, fur -bearing animal, or honey bees, or for dairying and the sale
of dairy products, or for any other agricultural or horticultural use of animal
husbandry or any combination thereof."
In my opinion, agriculture -related business consists of selling hay, milk, livestock or
vegetables from a farm. Those items that are actually associated with that agriculture and not
selling saddles which are not raised, grown or produced on the property, and are used for the
purposes of recreational and competitive horse riding.
wEITZENKORN-Bean-ltr-2
NOV 25 '95 05:52PM CHLUIH & HOUFT, P.C.
•
CALOIA & HOUPT, P.C.
Mark Bean, Director
Page 2
November 25, 1996
P.
Code Section 2.02.449 defines a riding stable as "an establishment where instructing in
riding, jumping and showing horses is offered for a fee and/or the general public may for a fee
hire horses for riding." It is hard to argue that sale of tack for riding is related to an agriculture -
business when the Code defines a Riding Stable in a separate category, requires a special use
permit for a riding stable; and tack sale is associated with the Riding Stable use not the
production of hay, feeding, breeding and sale of horses which is the agricultural use.
The second item I would like to draw to your attention is the fact that Ms. Weiss is
currently out of compliance with well permits for the property. She has three decrees for wells
for the property for use for one single family dwelling each and no more. Those three individual
decrees and well permits are capable of supplying in-house water for domestic uses only, She
has been cited by the division of Water Resources for being out of compliance and is currently
engaged in correcting that condition. Such noncompliance includes all irrigation, all use in the
stables and all commercial type uses. She must provide adequate water to be able to use her
wells for the existing commercial riding stable, arena and additional houses and all commercial
areas that she has on her property .
A commercial store such as this, while not a high water user, does consume a limited
amount of water. Such water uses include restroom facilities, handwashing and washing of the
facility. Since Ms. Weiss is out of compliance with water use for alI other commercial aspects of
her operation, she cannot rely on water for that other operation in conjunction with operation of
this store. Any other commercial operation would be required to have a well, a water tap, or
means of supplying water for its employees and customers at least to a small degree. It is not
within your regulations to allow this application to be approved because she has not established
that there is any water available for this facility.
Lastly, there are deed restrictions or covenants that are currently on Ms. Weissproperty
placed there by a common predecessor in interest to both my client's and Ms. Weiss' property.
Those covenants were placed to protect my client's predecessors from encroaching dwellings and
commercial uses. Allowing for a commercial business use on the property is clearly a violation
of paragraph 5 of those covenants. Paragraph 5 states: "None of the lands shall ever be used or
occupied for any commercial or business purpose..." The Amendment states "among the uses
permitted on such lands shall be equestrian related uses which shall...petmit equestrian training,
care or related equestrian activity..." This does not include a commercial retail store. By
approving a use that is outside of the covenants, the Commissioners are allowing for violation of
the covenants. The County should not grant a special use permit when this covenant issue has not
been addressed. If Ms. Weiss asserts that the covenants do not prohibit this activity the County
should ask for proof of that before granting her application. To make the way for a property
owner to violate covenants is not something that the County should provide for,
WEITZENKOP.N-Bean•!tr-2
NV 25 '96 05: 52FM CALOIA a HOUPT, P . C . P.3
CALOIA & Hou'r, P.C. • •
Mark Bean, Director
Page 3
November 25, 1996
The special use permit application filed by Ms. Weiss is not in keeping with the area as
cited in my client's letter, nor is it applicable in this situation. I am unable to be at the hearing
as I will be out of town. We ask that you deny this permit as it is not one that was contemplated
by the Code nor is it appropriate due to the other deficiencies shown herein.
Very truly yours,
CALOIA & HOUPT, P.C.
Sherry A. Caloia
SAC:nla
cc: Dan Weitzenkorn
W EITZENKORN -8e an -I tr-2
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
CAIAIA, HOUPT & LIGHT, P.C.
ATTORNEYS AT LAW
August 20, 1996
Mark Bean, County Planner
Garfield County Regulatory Office and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Kathy Weiss' Property
Dear Mark:
4110 '2
"`)
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
I am transmitting for your information, a copy of the Division of Water
Resources, Notice of Corrective Action addressed to Kathy Weiss. This particular notice
concerns several uses occurring on her property that she is not entitled to serve with
water from her wells. I know that she has discussed the use of her property as a retail
store as well as for other uses with your office. Please keep this on file, as should there
be any action necessitated by your office, we wish that you consider the water situation
for such review.
Please call if you have any questions.
Very truly yours,
CALOIA, HOUPT & LIGHT, P.C.
SAC:nla
Enclosure
cc: Dan Weitzenkorn
WEITZENKORN-Bean-ltr-1
•
STATE OFCOLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
Subject: CORRECTIVE ACTION NOTICES FOR MARY E. WELL NOS. 3 AND 4
Roy Romer
Governor
lames S. Lochhcad
Executive Director
Hal D. Simp,nn
State Engineer
Orlvn � Bell
Di�ininn Engineer
Dear Ms. Weiss:
Per my field inspection and our verbal conversation on June 18, 1996, regarding your Crystal
Springs property, I am officially notifying you of my findings. It appears the use of Mary
E. Well No. 3 and Mary E. Well No. 4 have been expanded and not approved by the State
Engineers Office. Both of these wells are located on Parcel No. 23-2393-143-00-230.
Enclosed are Corrective Action Notices for each well noted above.
Additionally, depending on how you proceed regarding this matter, it may be a good
opportunity to review future uses of Weiss Well No. 1 (Well Permit No. 168339) and Well
Permit No. 79109 (Saunders Well), both located on your southerly parcel, Parcel No.
23-2393-144-00-081.
Please contact me if you have any questions regarding this matter.
Sincerely,
Dwiglf€ M. Whitehead
Water Commissioner (Wells)
dmw\order . seo\weisscov.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
-Sherry Caloia
• 1
STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
Dear Ms. Weiss:
MARY E. WELL NO. 3
168341
81CW102
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlyn ). Bell
Division Engineer
Per research of the Mary E. Well No. 3, Well Permit No. 168341 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation and the watering of commercial stock, which was not approved by THE OFFICE OF THE
STATE ENGINEER. The expanded use of the additional dwellings (basement apartment, new home
and proposed guest home) lawn and garden irrigation, and commercial stock watering from Mary
E. Well No. 3 is a violation of the conditions of approval for Well Permit No. 168341. Well
Permit No. 168341 was approved for HOUSEHOLD USE ONLY "approved for household use only, for
one (1) single family dwelling and not to be used for irrigation or any other purposes." The
conditions of approval for Mary E. Well No. 3 were assigned per decree, Case Number noted
above.
At this time one of the following must occur:
1) All unapproved additional dwellings, lawn and garden irrigation and commercial
stock watering uses must cease immediately and the piping system for the
unapproved expanded use must be permanently disconnected. Well Permit No. 168341
must conform to the conditions of approval "approved for household use only, for
one (1) single family dwelling and not to be used for irrigation or any other
purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
Office Of The State Engineer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
Please contact me if you have any questions regarding this matter.
: dmw\order . seo\weissmw3.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
l Sherry Caloia
Sincerely,
Dwit M. Whitehead
Water Commissioner (Wells)
• •
STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CO 81623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
MARY E. WELL NO. 4
168340
81CW285, 86CW41
Roy Romer
Governor
lames S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlyn ). Bell
Division Engineer
Dear Ms. Weiss:
Per research of the Mary E. Well No. 4, Well Permit No. 168340 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation, watering of commercial stock, and stall cleaning, which was not approved by THE
OFFICE OF THE STATE ENGINEER. The expanded use of the additional dwellings (apartment, and
clubhouse) lawn and garden irrigation, commercial stock watering, and stall cleaning from
Mary E. Well No. 4 is a violation of the conditions of approval for Well Permit No. 168340.
Well Permit No. 168340 was approved for HOUSEHOLD USE ONLY "approved for household use only,
for one (1) single family dwelling and not to be used for irrigation or any other purposes."
The conditions of approval for Mary E. Well No. 4 were assigned per decree, Case Number(s)
noted above.
At this time one of the following must occur:
1) All unapproved additional dwellings, lawn and garden irrigation, commercial stock
watering and stall cleaning uses must cease immediately and the piping system for
the unapproved expanded use must be permanently disconnected. Well Permit No.
168340 must conform to the conditions of approval "approved for household use
only, for one (1) single family dwelling and not to be used for irrigation or any
other purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
Office Of The State Engineer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well
Please contact me if you have any questions regarding this matter.
Sincerely,
771
Dwiit M. Whitehead
Water Commissioner (Wells)
: dmw\order . seo\weissmw4.ord
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
T ----Sherry Caloia
FROM : !*7sta1 Sprin9s Saddlery PHONE NO. : 0,13 Nov.
CRYSTAL SPRINGS RANCH
1609 COUNTY ROAD 112
CARBONDALE, COLORADO 61623
(303) 963-1505
11/25/96
Dear Mr. Mark Bean,
25 1996 11: 54141 P01
For your information:
I purchased the first parcel of what is known as
Crystal Springs Ranch in January 1980. That Spring
I built my 5 stall "Back Barn". I was told no
building permit was required by the Garfield County
Building Inspector.
By the Fall of 1983 1 built my 16 -stab barn, employee
housing, and indoor riding arena on the next two
parcels of property purchased. Again, I was told by
Bud that no building permit was required as i't was
classified agricultural use and all housing was for
Ranch employees.
By 1989 1 purchased the adjacent two parcels and kept
that zoning residential.
In the Spring of 1996 1 applied for and received a
building permit for my new house currently under
construction.
Sincerely,
Kathy Weiss
r-'- (---tr---s
We the undersigned rents and property owners of County Ro 112 are opposed to.
the special use permit for 1609 County Road 112 for the following reasons.
NOV 2 1
1) Water use on the property has been expanded without approval by the State Engineer's --------
COUNTY
office.
2) Seven dwelling units are already present on the one parcel.
3) The property already produces a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There is evidence of health concerns from inadequate septic systems and large manure
piles.
5) There are fire concerns related to the existing structures.
6) There appears to be no plan to comply with building code requirements for handicap
access, overhead sprinklers and public drinking water.
7) The non -conforming use, i.e., the riding stable has repeatedly been expanded without
permits.
8) The property is already a source of light pollution, noise pollution and visual clutter.
We request that you postpone the decision on the special use permit until you can
personally observe the situation at the site.
Name Address
1. &r. 1 h,Ye, L407./C,1/6
2. / ht.PPIAAJ ft
34/ f ��' dc� j�7 4'J r�- i}
4.�)" )1.; 7F !lJl lZ� / / /
5. j000-, Lae) �� f /1
7; 2/' �r� ��,`Q %3?/
Signature Date
it ,t3
r/ A3.96
il-13 "76
i//22/p
8. (it- v,AR�1 j z1.3 CJuiIY 12 t 1. �� .�1-1�� .._, z
9.
10.
11.
12.
13. Tilv,A A..
14
Jr 2 ? 1`j�
1? r te a 4' '1 ce f/
i �+v c„1 -7/1,1/1.a.
AT0T 0910(g_et"
15.Jdnt // L. �o�nSvn
e 3-41 —46
i6
OS -2;S/ i
eel(Act ' gel.
16. s C"c'c• A
/121",
17. '4 r l� � y .r b1 (�cc-�5
18. Q. l /C./ l 01 9c? S(r€ �u)0
19. NQ S i .J' 6 tete'sArye s,A. 041
20. 44A test'
9� ` 11- e�,LA dmr/ - 21-9,G
rie-\
j 11-24-1(0
We the undersigned reints and property owners of County R11112 112 are opposed to
the special use permit for 1609 County Road 112 for the following reasons.
1) Water use on the property has been expanded without approval by the State Engineer's
office.
2) Seven dwelling units are already present on the one parcel.
3) The property already produces a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There is evidence of health concerns from inadequate septic systems and large manure
piles.
5) There are fire concerns related to the existing structures.
6) There appears to be no plan to comply with building code requirements for handicap
access, overhead sprinklers and public drinking water.
7) The non -conforming use, i.e., the riding stable has repeatedly been expanded without
permits.
8) The property is already a source of light pollution, noise pollution and visual clutter.
We request that you postpone the decision on the special use permit until you can
personally observe the situation at the site.
Name
41
4.
43
44.
45.
46
47.�1.r/
48.
Address Signature
Date
. rr
1�3 vi I<.)
r'E
'
i//1, j C,
l`
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
We the undersigned resiuents and property owners of County Ro'112 are opposed to
the special use permit for 1609 County Road 112 for the following reasons.
1) Water use on the property has been expanded without approval by the State Engineer's
office.
2) Seven dwelling units are already present on the one parcel.
3) The property already produces a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There is evidence of health concerns from inadequate septic systems and large manure
piles.
5) There are fire concerns related to the existing structures.
6) There appears to be no plan to comply with building code requirements for handicap
access, overhead sprinklers and public drinking water.
7) The non -conforming use, i.e., the riding stable has repeatedly been expanded without
permits.
8) The property is already a source of light pollution, noise pollution and visual clutter.
We request that you postpone the decision on the special use permit until you can
personally observe the situation at the site.
Name
Address
21. fro o , g c,,, A.25t A.2e•e #/,2.
22. 32,AA) S-A 1),iv, 41p, (& ;, * r ►2 km
23. _r-. `,.) A.,.. t 1,
24. ` -P%.s.. • 1 iSQ iO4/
25.1-,1/Y) cx, C i '111 L,' % L Cf ( t 11 D
26.,.-- ;-� C / :761 5 c /r 2
27. %j CV
�r 28.
29
30.
Signature Date
(/s/ 2
(' y6
/1-i 't°
1940
!/ 03�
_ AMM ' ,dam
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
fattti mak l 0-7 ' r�,►a ��,•-c,y _ /1-te4e_ /l/.u-
1 l2 Are apposed to
1
We the undersigned r d+nts and property owners of County.
the speatluse[A
retic for 1409 County Road 112 for the following reasons.
erty has been expanded without Approval by the State Engineer's
} } Water use on the proP
office.
2) Seven dwellir►a units we already present on the one parcel
3) The property already P
roduce$ a large amount of traffic with subsequent decrease in
safety for motorists, pedestrians and horseback riders.
4) There to
evidence of health concerns from inadequate septic systems and lame manure
S) There are fire condoms related to the existing structures,
ars to be no plan to comply with building code requirements for handicap
6) Them appears ubiic drinking w,;tar.
access, overhead sprinklers and p expended without
7) The non -conforming use, i.e., the riding stable has repeatedl
y been exp
permits,
The erty is already a soul -cc of lisht pollution, noise pollution and visual clutter.
e)Te Fro {�
the decision on the Special use pent until you can
We requdbt that you postpone
pereonsily abeorve the situation at the site,
Name ,domes
4.
_
7
8
9
10.
1i
Signature
------ w.-----
12, ..r. _-. T..._.....
13 - �---`� •-- -- -- _.. - .
Dare
14
15
1b. �.- ..._....
17
2
•
November 25, 1996
To The Board of County Commissioners, Garfield County:
• o 57,
NOV '2 S 1996
GAFIF*ID c,oury-ry
I am opposed to the application for a special use permit for 1609 County Road
112. The permit would allow a commercial use in an agricultural/residential/
rural/density zone. According to the application, a retail operation has been
present since 1980 in violation of the zoning resolution. I became aware of the
operation when the store in the town of Carbondale was closed, which I believe
was 11 to 2 years ago. At that time newspaper advertisements directed customers
to the new locations on County Road 112. These advertisements were complete with
detailed maps. The rural nature of our neighborhood is changing and we don't
need the county accelerating this trend by permitting a commercial use. I am
also concerned about the precedence of a commercial operation on County Road 112.
How can you find that it is agriculturally related when it was operated for so
long at a separate store in Carbondale?
I would like you to consider the nature of the existing business of the site.
Originally there was a riding stable and arena area. I recognize this as a non-
conforming use. The riding arena has been greatly increased in size and outdoor
lighting has been added. All these expansions of the non -conforming use are
inappropriate. The county has erred in not requiring a special use permit for
these changes.
It is also a big stretch to view this elite and highly expensive horse training
facility as a "farm". This is not an instance of the family farmer trying to
make ends meet in order to keep the homestead in the family. The property is
already highly commercialized with up to 200 vehicles arriving for catered jumping
demonstrations complete with outdoor PA systems. The result has been greatly
increased truck and passenger vehicle traffic with associated decreased
safety, increased need for road maintenance, and loss of rural character.
Another issue that has raised near uniform concern among the neighbors is water
use. The state has determined that water well use has been expanded without permits.
A commercial use does consume water for restroom facilities for employees and
shoppers. Thus there is no water for this commercial use on this property.
The next issue to be addressed is the agricultural aspects of the operation.
In general this is a poorly run operation. The pasture that is left after the
development on the property is being abused. It is covered in vine weed and soil
erosion is obvious. The slightest wind in mid summer raised dust clouds from
what should be lush meadows. Manure disposal is a routine aspect of any livestock
operation. The preferred method here seems to be to push it against the fence
resulting in part of it lying on the neighbor's property.
• •
I would like to address the dwelling units on the property. Most recently a permit
was issued for a 4000 square foot home, three car garage and attached caretaker
unit. This permit was issued based on the part of the zoning resolution that
allows for "buildings for shelter or enclosure of persons employed" in
agricultural uses. As I've stated, this is not a farm. If the operation needs
to house employees they should be in homes in approved subdivisions or in town.
The employee/residents do not have a stake in the neighborhood and continually
increasing density on the property is a danger to property values, and quiet
enjoyment of the neighbors. These issues should be addressed prior to permitting
more uses.
When the current owner purchased the property she was aware of deed restrictions.
I have attached those deed restrictions for your review. They prohibit commercial
uses, see paragraph 5. We ask that you require the owner to comply with these
agreements which encumber her property and do not permit more uses. The deed
restrictions prevent the retail from operating. I am in O'Brien's chain of title
and believe I have the right to ask for enforcement.
In conclusion, I would like to thank the County Commissioners for their time and
effort on this issue. Let me assure you that I have tried to handle these problems
on a one to one basis with my neighbor without success. This issue has come before
the commission at great expense in valuable staff time only at the insistence
of the applicant.
Sincerely,
Dan E. Weitzenkorn
2077 County Road 112
Carbondale, CO 81623
970-963-8694
/ '�GC(Q )./'d
Patricia G. Weitzenk.rn
2077 County Road 112
Carbondale, CO 81623
970-963-8694
Record.+! so
.Reception
THIS
DEF.D, Made this
✓y �]
P.7:533,
o'clock M
36I53 , 44u Cans es -4v Oder,
llth day of May , 19 79
between' MARY E. O'BRIEN and JOHN G. O'BRIEN
API. 2 1 1970
STleT e%.iM +A1 iti
of the
County of ,' GARFIELD and State of Colorado, of the first part, and
MARY MICHEU-F.Bf�gqURDEN `,u��o�
whose legal addicts is � v t�lf f .D o (i and Buts of
of the County of
COLORADO
Colorado, of the second parts
WiTNESSETH, That the said part of the first part, for and in consideration of the nun of
DOLLARS
R9
TEN DOLLARS AND NO/100
to the said parties of the first part In hand paid by said party of the second part, the receipt whereof is
hereby confused and acknowledged, has granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part,her heirs and assigns for.
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Gar f ie Id • and State of Colorado, to wit:
That certain.
eparcel of land described in' the attached
' Exhibit A. which by. this reference is incorporated herein'
as apart hereof. .
The property herein conveyed is subject to the restrictive
covenants set forth in Exhibit B hereof which by this reference
is incorporated herein as, a part hereof.
/C•:SzS
also known as street and number
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 vn first fpattts her o , to lalll
all
the estate, right, title, interest, claim and demand whatsoever of the said part
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenaneos.urtenancea, unto the
TO HAVE AND TO HOLD the said premises above bargained and described with the
es
,aid part y of the second part, herheirs and assigns forever. And t:,e said partlof the first part,
for them sat Vea . helm, executors, sad adminletrstors, do covenant, grant, bargain, and agree to and
with the said part Y of the second part. herheirs and assigns, that at the time of the eusealing and delivery
wuU seised of the premises above conveyed. as of good, sure, perfect, absolute and
it these presents, ddeulbls estate of Inheritance, In law, to fee simple and haVe good right, full power and lawful r,uthority
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, tales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever.
Reservations as contained in patents, from the United States,
^asements for ditches,, roads and utilities, taxes for the year
1979 payable.in 1980. . f.. •
r the above bargained Drt7dNs In the quiet and peaceable possession of the said party
of the second part,
ler heirs end assigns against all and every person or persons lawfully claiming or to claim the whole
or ny part thereof, the said part ies of the first pert shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part of,
of the first part he Ve hereunto set hand
ane:, seal the day and year first above written.
STATE OF COLORADO,
ss.
County Of �i
,0r,,,,T`he,foregoing instrument was acknowledged before me this
oto K /On MARY E. O'BRIEN and JOHN G. � O'BRIEN
,... 1d7 dy ratti.sten as9lrea al ig3
OTAR
G
• •`�'#,,� _: -. by..,. M•N, Oeteeee. • .-441"',rr' "r1eil Illi,' wAia.U1T7 DPIb.arle Tteaeres� Lsaree.—Prettied Pdl k 0. 1111411114.44ue had
•
11
4t
a' OK 5 3 PATE 53'1,
.A parcel of lan•ituated in the NW;SE, and NE►SE1/4 of
Section 14, Township 7 South, Range 88 West, of the Sixth Principal;Meri
Mian lying southwesterly of the southwesterly right-of-way line r'y'.;;
of a county road as constructed and in place, said. parcel of
land is described_as follows:
Beginning at the West Ouaiter Corner of said Section 14, being
a rock found in place and properly marked, thence S. 80'43'00"
E. 3316.55 feet to a poin$ in the center of a 30 foot road and
utility easement, thence N. 53'39'57" E. 451.17 feet along the.
centerline of said easement to a, point, on the southwesterly
'right-of-way.line•of said county':road;' thence.S. 68.00'41" E.,...
43.56 feet along the southwesterly right-of-way• line of 'said
•county•road;':;8. 58.33'57",E. 288.49 feet along the southwesterly;
right-of-way' line„of said county'road; thence S. 63.13'27” E.-
109.10 feet along the southwesterly right-of-way line of said!LT
county road; thence S, 60'14'24" E. 80.67 feet along the,south-
westerly right-of-way line of said county road; thence S. 45'53'34"w
E. 59.33 feet along the southwesterly right-of-way line of said '
',county road; thence S.' 42'13' 55" E..243.26 feet along the south-
*.right-of-way'line of said county road; thence S. 33.14'10'1:-:
,,, E. 192.13 feet along the.southwesterly right-of-way line of saidt'
', •county 'road; thence S.,` 22.43' 44"' E..•,] 31.1] feet ..•aloi:g. the 'south-'
'" westerly right-of-way..:line;of,said county road; thence
• S. 59.10'17" W., 394.61 feet; thence N. 50'27'42" W. 1090.04
feet to the•True Point,of•Beginning,
4 144,
•
{
:t•
1. Number and 1,c,cati_w, !>c - •1 No flu' ldings nr other
structures shall be pfacc,. ,:ir ct.ed, altered, or nermitted;'
to remain on any Lot Tri+;•._ of the land other than:., t,;.,,
a. any detached single f ,mt!y ,lwellinq hnuse, and t ` r�S;'t
b. one quest or servant -'1; house, and
•
c. one attached or detached garage, and
d. one barn or stable or other non-residential outbuilding,;;.,
other than a garage.
All 4140:ling hoOaes shall he located not Leas than 50 feet•
from:the property line hoarding the county road; 25 feet
from'the rear property line; and 15 feet from the property
sideline.
2. Dwelling House to be Constructed First. No quest house, ;,N..
servant douse, garage, stable, harp, or other outbuildings '' ? $1
shall be constructed on any tract until after commencement r1Y4t
of the dwelling house on the same tract. All construction
°4,..at;.
n
and alteration work shall be pursued diligently
building structure or improvement which is commenced on any
tract shall be entirely completed within 18 months after
commencement of the structure. Failure to complete any
structure within such period may subject such to removal.
3. Used or Tem rar Structures. No used or previously erected '?A
-F'O Y
on temporary-house,structure, house trailer, or non-permanent,!L°;,;1
outbuilding shall he placed or erecte. or allowed to remain
on any tract except during construction periods, and no dwelling?
house shall be occupied in any manner prior to its completion
4. flovarnmenttequlatinns, done of the lands shall he used for,
any purpose -contrary to tho zoning subdivision or building'.'-;'
regulations in Garfield County, validly in force from time
to time, except that the same may be allowed under said
regulations as non -conforming uses or under special review
procedures.
.
No Business Uses. None of the lands shall ever be used or,
occupied for any commercial or business prupose or for any ,,k'!h,;
noxious activity, and nothing shall be done or he permittee{
to be done on any part of the lands which is a nuisance or {;:.,;tyv'i
might become a nuisance to the owner or owners of any said
lands of adjoining lands. No storage of machinery or , i' •
equipment shall be maintained on any of thn lands and all•
service yards, trash yards, wood Hiles or storage piles shall'.`'',n;.
be kept screened by adequate planting or fencing so ,^s to •�;.,ti,e.,
conceal them from the view of neighboring tracts and roads. . �;�.
No rubbish, trash or -junk shall he al:c'1 to accumulate,,,
;i
on any of the lands.
6. Towers and Antennae. No towers or r:+aro car te.levisinn antennae' 4,,.
higher than 3 rect•ahovc thn highest roof line of the •dwelling,{.„
house shall be ercct:ed on any tract, and all such towers
and antcnnane sh.rll be attache,,) only
ell inn hnurt, or .::.
goust. heue nr .tny tract.
7. Architectural Control. No ref leet.inn roof-, aha? 1 he used or ''' q #t•
t-..;
pormiited to -reain on any buildings of structures located i�+u
within the tracts. The exterior colors used on all buildings'.,
or structures within any tracts shall he harmonious with '•.j7
the natural surroundings. No main dwelling unit shall contain
less than 1,000 square feet of living area, and no guest
house less than 600 square feet.
5:3:3 P4E53k34.4
8. Tanks, `no elevated tanks of any kind shall,be erected or placedr`,
or permitted on any tract and any tank used in connection ,,!�,'
f;rSj
with any dwelling house or other structure on any tract �'
including tanks for storage of gas, fuel, oil or water shall
be buried.
9. Underground Utilities. Upon subdivision of any tract into
ems less than 10 acres, all. utility lines serving all such ° sub ,. • • divided tracts shall ' be placed underground . ,•.. `t•
'"
d r,
10. ','Si n With the exception of one for rent or for sale sign, "f�N
sT,TE chr•shall not be larger than 20 x 26 inches and except i Y •i�!
for one entrance gate sign of an harmonious style and design, ',,,:'fr
fie
no advertising signs, billboards, unsightly objects or 4'
nuiss,►oes shall be erected, altered or permitted to remain.' '.1 "'
on a ,tract..,..''
`"Resti' ctions on Re -subdivision.` Not.withstandinq the provisions
�''.'
Tiny su-6ciiv'rs1on or zonrn� rregulations promulated from +ay� i6
,, time to time by Garfield County, or any political subdivision ; ,
or agency thereof, the land shall not be re -subdivided into Ji •
smaller parcels nor conveyed or incumbered in parcels of ' ;', t`'
less than tracts of five acres each.
12 Easements. Any access roads or easements to the lands shall
be made available to adjoining landowners for access asCi!ri:
Sperpetual:.,non exolusice easements and,rights-of-way..:i, a,iy; a )
r
13.4„• Culverts or bridgre.'.' Shall be • installed •or' constructed at
anyTciEion w�iere any roadway crosses an irrigation Glitch.
so as to provide for the uninterupted flow of said ditch:.'
14. Enforcement Actions. Any of the owners of tracts affected ,,Ii...
by these covenants shall have the richt, at any time, to rof
enforce therese covenants by an action for injunctive relief '' ,f
. r ,N� and;for damages by reason^of violation.ot any of these covenants
•.. •LV,'.
r15.: Termination'of Covenants.` h'hehe covenants shall extend and 1,
,'x run fora period of. wears A.i••'i
yr.
16. The burden of these covenants and restrictions herein contained`'
shall be covenants that run with the land.
17.,Severability. Should any part or parts of these covenants•;,i
Si -declared invalid or unenforceable by any court of competent
jurisdiction such decisions shall not affect. the validity. ..
ofthe;remaininqcovenants. z::
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S,LN' N2n00 BAILJI81S3ti
H 1.ISIHX2
Recorded at
Reception No.
HAY 1 019
THIS HEED, Made this 26th day of April
19 79 , between
KARY S. O'BRIEN and JOHN G. O'BRIEN
of the County of Garfield and State of Colo-
ratio, of the first part, and
THOMAS JAMSB O'BRIEN
whose legal address Is 2'314 Road 1240 81652
Silt,
of the
County of Garf 1 eld and State of Colorado, of the second
part;
WITNESSETH, That the said parties of the flat part, for and 1n consideration of the sum'
RECORDER'S STAMP
MAY 1 0 1979
rill
reawaisin fit
of
Til AND NO/100 Dollars,
to the said part les of the first part, in hand paid by the said part 7 of the second part, the
receipt whereof is hereby confessed and acknowledged, he; granted, bargained, sold and con•
veyed, and by these presents do grant, bargain, sell, convey and confirm unto the said
part 7 of the second part,' ' his heirs and assigns forever, all the following described
lot or parcel of land, situate, lying and being In the •> r County of Garfield. . •
and State of Colorado, to wit:.'
That oertain parcel of land described In the attached
Exhibit A whioh by this reference le incorporated herein
as a part hereof.
The property herein conveyed is eubject'to the restrictive
covenants set forth,'in Exhibit "B" hereof which by this
reference is incorporated herein as a part of hereof.
also known as street and number
Together with all and singular the hereditament& and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, rerri•'lider and remainders, rent',
issues and profits thereof; and all the estate, right, title, interest, calm and demand whatsoever,
of the said part lee of the first part, either In law or equity, o,, 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
THOMAS JAMES O'BRIEN the said part 7 of the second part,
heirs and assigns forever.
And the said MARY E. O'BRIEN and JOHN G. O'BRIEN
part leeof the first part, fortheselYes •, their heirs, executors and
administrators, do covenant, grant, bargain and agree to and with the said part 7 of the
second part, his heirs and assigns, the above bargained premises In the quiet and peaceable
possession of said party of the second part, 11/S heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part les of the first part to WARRANT AND FOREVER DEFEND,
IN WITNESS WHEREOF, The said parties of the first part hale hereon set their
hand 8 and seal a the day and year first above written.
Signed, Sealed and Delivered in the presence of
STATE OF COLORADO,
68.
County of Garfield
The foregoing instrument Will acknowledged before me this 27th
1979 ,by MARY E. O'BRIEN and JOHN G. O'BRIEN
My commission expires ,19
/Ay W?m,srcn cr.p ret Oct. 3, 197.9 % ' e a � •
,,` .,rnr,�SEAI„}..
cilc 40
day of
7 V1(0 1 ' r.
. Witness m, h nd and oflisi�.ee
s
r,
N.w ialk
ft
sfj
.ti.
C.1-, 0Yvi &
5+' . (.'r.-,.0" So,,,
.-.... ... ._. ...... - ._.. _.._..—inT..�.. (pnr 1'^r�nr�� 1Irn17, SW �1+�4fi�+
J ra'
c r c.. r :<1 wn,r 41h 5I,...R,l/,'. (WO Meso ty;44',0,41'.
601K. 528 MEI' 82' F,
E::HIDIT "A•
'A parcel of lard situated in the SF.4NW4, NE4SW4, NW4SE4 and
SW4NE4 of Section 14, Township 7 South, Range 88 West of the,q',..
Sixth Princin,il MurL,ian, lying southwesterly of the south- t^
westerly richt-of-way line of a county road as constructed and
in place, said parcel of land is described as follows:
Beginning at the West Quarter Corner of said Section 14 being
a rock found in place and properly marked, thence S. 80.43'00"'�'S,.^,,,
E. 3316.55 feet to the True Point of Beginning; thence S. 53•`,r.;{M%�
39'57" W. 715.14 feet: thence N. 11.54'32" W. 467.30 feet;
thence N. 00.03'30" W. 884.54 feet to a point on tht south- '',a,,'
westerly right-of-way line of said county road; thence S. 48.07'03;"
E. 122.50 feet along the southwesterly right -of -ray lt;:e-'of ',aid;j,;; f
county road; thence S. 55.54'51" E. 233.12 feet along.the south -7;7
westerly right-of-way line of said county road; thence S. 52.56''
45" E. 392,69 feet along the southwesterly right-of-way line
said county road; thence S. 59.17'50" E. 149.01 feet along the,'
f 'j
southwesterly rlght-of-way line of said county road; thence 5,,1.,4,{.2�,d
68°00'41" E. 335.50 feet along the southwesterly right-of-way ' '�l;'t
line of said county road to a point in the center of a 30 foot`
road and utility easement; thence along the centerline of said
road and utility easement S. 53'39'57" W. 451.17 feet; to the
''
True Point of Beginning.
The above described parcel of land conta.ns 15,21 acres more
or less, and is subject to t`)e road and ..'ility easement along a
portion of the easterly line.
SCARROW AND WALKER/KKBNA, I.C.
1001 Grand Avenue
Glenwood Springs, CO 81601
January 22, 1979
IrJ;, 1 loi.,,
•
I ,,•-,on.1 ' 8, .
coni D keit,.. — Sp,. a Con.,i',ni
r•,
at;
• • 528 PACE 83
EXHIBIT B
RESTRICTIVE COVENANTS
1. N,i,rher and Location cf Buildings, No Buildings or other
structures shall be prated, directed, altered, or permitted
to remain on any Lot or Tract of the land other than;
a. any detached single family dwelling house, and
b. one guest or servant's house, and
c. one attached or detached garage, and '
d. one barn or stable or other non-residential outbuilding,
other than a garage.
A11 dwelling houses shall be located not less than 50 feet
from the property line boarding the county road; 25 feet
from the rear property line; and 15 feet from the property
side line. ,
2. Dwelling Rouse to be Constructed First,No guest house,
servant house, garage, stable, barn, or other outbuildi',gs
shall be constructed on any tract until after commencement
of the dwelling house on the same tract, A11 construction
and alteration work shall be pursued diligently and each
building structure or improvement which is commenced on any
tract shall be entirely completed within 18 months after
commencement of the structure. Failure to complete any
structure within such period may subject such to removal.
3. '_'sed or Temporary Structures. No used or previously erected
or te"porarF-house, str.cture house trailer, or non -permanent
outbuilding shall be placed or erected or allowed to remain
on any tract except during construction periods, and no dwelling
house shall be occupied in any manner prior to its completion.
4. Governme^t. Regulations. None of the lands shall be used for
any pvrp:se contrary to the zoning, subdivision or building
regulations in Garfield County, validly in force from time
to time, except that the same may be allowed under said
regulations as non -conforming uses or under special review
procedures.
5. No Business Uses. None of the lands shall ever be used or
occupied for any commercial or business propose or for any
noxious activity, and nothing "shall be done or be permitted
to be done on any part of the lands which is a nuisance or
might become a nuisance to the owner or owners of any said
lands of adjoining lands, No storage of machinery or
equipment shall be maintained on any of the lands and all
service yards, trash yards, wood piles or storage piles shall
be kept screened by adequate planting or fencing so as to
corceal theca from the view of neighboring tractF and roads.
No rubeish, trash or junk shall be allowed to accumulate
on any of the lands. .
6. Towers and Antennae. No towers or radio or television antennae
571—t an 5 feet above the highest roof line of the dwelling
house shall be erected on any tract, and all such towers
and antennane shall be attached only to the dwelling house or
guest house or any tract.
7. Architectural Control. No reflecting roofs shall be used or
permitted to remain on any buildings or structures located
within the tracts. The exterior colors used on all buildings
_r str.:tures within any tracts shall be harmonious with
the net_ral s r__ndinos, No main dwelling .n,it shall contain
less ^,a sg.are feet of living area, and no guest
ho..se less than 600 ec_are feet.
•
,A
:r�U .,.r..rre►�r
500528 PlCE 84
8. Tanks. no elevated tanks of any kind shall be erected or placed
or permitted on any tract and any tank used in connection
with any dwelling house or other structure on any tract
including tanks for storage of gas, fuel, oil or water shall.
be buried.
9. Underirovnd Utilities. Upon subdivision of any tract into
'less than 10 acres, all v,,tility lines serving all such sub-
divided tracts shall be placed underground.
10. Si n11. With the exception of one for rent or for sale sign, ,,
which shall not be larger than 20 x 26 inches and except
for one entrance gate sign of an harmonious style and design,f
�., no advertisinq signs, billboards, unsightly objects or
nuisances ■h'[11 be erected, altered or permitted to remain. -
on any tract,,
11. Restrictions on Re -subdivision. Not withstanding the provisions.
of any subdivision or zoning regulations promulated from
time to time by Garfield County, or any political subdivision -
or agency thereof, the land shall not be re -subdivided into
smaller parcels nor conveyed or incumbered in parcels of
less than tracts of five acres each.
12. Easements. Any access roads or easements to the lands shall
be made available to adjoining landowners for access as
perpetual non-exclueice easements and rights-of-way.
13. Culverts or bridges. Snail be installed or constructed at
any location where any roadway crosses an irrigation ditch
so as 'sd provide for the.uninterupted flaw of said ditch.
'' 14. Enforcement Actions. Any of the owners of tracts affected
by these covenants ehal?, have the right, at any time, to
enforce thereee covenants by an action for injunctive relief
and for damages by reason of violation of any of these covenants.
15. Termination of Covenants. Thede
run for a period of 21 years.
:
16.. The burden of these covenants and restrictions
�;, shall be covenants.•that run with the land.
17. Severa't• Should any part•or parts of these covenants
ie Tecc1aredd invalid or unenforceable by any court of competent
jurisdiction such decisions shall not affect ,..he validity
of.the remaining covenants.
covenants shall extend and
herein contained
• STATE OF�COLOIZADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
=A\ ,3031 945-8'41
Ms. Kathy D. Weiss
1609 County Road 112
Carbondale, CC 81623
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
icer: CORRECTIVE ACTION NOTICES FOR MARY E. WELL NOS. 3 AND 4
Dear Ms. Weiss:
Roy Rumi•r
Gr,vcrnnr
wmc, S LiWnhc,r(1
Exaulivy Dirt,_MI
Hol D Srmp.,rn
SLAC Enpinow
Orlin 1. 14,11
Diiuum En4nn or
Per my field inspection and our verbal conversation on June 18, 1996, regarding your Crystal
princs property a- officially not__yi. you of my -_r.?_. _. _- appears :he use of Mary
aE. well No. . na...e ._een e pa .__i ..:t a _. .__ by :ne State
.._se wells are ___ _e:-.! on ._roe_ Nu. 2_-1353-_43-,30-230.
Enclosed are Corrective Acton Notices for each well noted above.
Additionally, depending on how you proceed regarding this matter, it may be a good
opportunity to review future uses of Weiss Well No. 1 (Well Permit No. 166339) and Well
Permit No 75109 S.aun±ers Well), both _„cater on your souther_, parcel, 5a:oel No.
ease =,..._act me7,ave any
: c.mw\order , sec\welsscov.ora
Enc
cc Orlyn Bell
Alan Martellaro
Joe Bergquist
Larry Gepfert
-Sherry `alcia
eaar__::7 anis atter.
Sincerely,
' ;(1- • 2`'-'-'l-L-44-/--)/
2
DwigM. Whitehead
Water Corr;rissioner (Wells)
•
STAIL OF LOLCIADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
;00)3 U S ei ;4
V
Box 390
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy D. Weiss
1609 County
Carbonda-e, CC 01623
Subject:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
Dear Ms.Weiss:
MARY E. WELL NO. 3
168341
81CW102
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D Simpson
State Engineer
Or yn Bell
D,sis on Engineer
Per research of the Mary E. Well No. 3, Well Permit No. 166341 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation and the watering of commercial stock, which was not approved by THE OFFICE OF THE
STATE ENGINEER. The expanded use of the additional dwellings (basement apartment, new home
and proposed guest home) lawn and garden irrigation, and commercial stock watering from Mary
E. Well No. 3 is a violation of the conditions of approval for Well Permit No. 168341. Well
- ; _fcr .ii2S ..._LI 2S_ ONLY ft: . _ _ _.._ _ o use only, for
s_: =_e :_..- __Ind a.... .._t to __ used for _-__ca:_c,.. __ ttner purposes.' The
conditions approval for Mary E. Well No. 3 were assigned per decree, Case Number noted
above.
At this time one of the following must occur:
1` All unapproved additional dwellings, lawn and garden irrigation and commercial
stock watering uses must cease immediately and the piping system for the
unapproved expanded use must be permanently disconnected. Well Permit No. 168341
mast conform to the conditions of approval "approved for housencld use only, for
one (1) single family dwelling and not to be used for irrigation or any other
purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
approved in Water Court and permit the existing well as non-exempt with the
-he State Engineer.
If corrective action is not taken within 20 days from receipt of tnis letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
Please contact me if you have any questions regarding this matter.
Sincerely,
Dwight M. Whitehead
Water Commissioner (Wells)
: dmw\order. seo\weissmw3.ord
Enc
cc Orlyn Bell
Alan Marral'arc
Joe Bergquist
Larry Gepfert
4" --Sherry Caloia
•
STAT L OF LOLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 L,S Hwy 6 a 24
P 0. Boy 306
Clenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Ms. Kathy_ D. Weiss
:609 Rica
TarbonCc12.: 8162_
Sur=ect:
August 19, 1996
CERTIFIED MAIL NO: P 951 963 194
WELL USE VIOLATION:
WELL PERMIT NO.
WATER COURT CASE NOS.
Dear Ms. Weiss:
MARY E. WELL NO. 4
168340
81CW285, 86CW41
Roy Romer
Governor
lames S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlyn I Bell
Dn'iswn Engineef
Per research cf the Mary E. Well Nc. 4, Well Permit No. 168340 it was determined that the use
of the well has been expanded to service additional dwelling units, lawn and garden
irrigation, watering of commercial stock, and stall cleaning, which was not approved by THE
OFFICE OF THE STATE ENGINEER. The expanded use of the additional dwellings (apartment, and
clubhouse) lawn and garden irrigation, commercial stock watering, and stall cleaning from
Mary E. Well No. 4 is a violation cf the conditions of approval for Well Permit No. 168340.
-cved for :-::__..__: _. .ea :or household use only,
_.._ _. __e __. _ __:-. _ ..-- -_ __ -_seo :;r any o_ner purposes."
Mary:he conditions of approval _.._ _. Well No. 4 were assigned per decree, CaseNNumber(s)
noted above.
At this time one of the following must occur:
All unapproved additional dwellings, lawn and garden irrigation, commercial stock
watering and stall cleaning uses must cease immediately and the piping system for
the unapproved expanded use must be permanently disconnected. Well Permit No.
:66340 .,.us: conform :c :he _.,...,_._.,ns of approve. "approved for nousehold use
only, for one (1) single family dwelling and not to be used for irrigation or any
other purposes."
2) If the expanded use of the well is to continue, a Plan of Augmentation must be
apercvec ih Water Court and permit the existing well as non-exempt with the
Office -f e S:a:e _ne_neer.
If corrective action is not taken within 20 days from receipt of this letter, our office will
be forced to act pursuant to Colorado Revised Statutes, Section 37-90-110(1)(d) and issue a
cease and desist order for the subject well.
?lease contact me if you have any questions regarding this matter.
Sincerely,
Dwi4ht M. Whitehead
Water Commissioner (Wells)
: dmw\order . seo\wcissmw4.ord
Enc
c Orlyn Bell
Alan Martellaro
Joe Beraquist
Larry Gepfert
Sherry Caloia
11%26%1996 10:30 FROM Early Learnin.a Center_.
TO
Patric McLaughlin
EC66 Rocky Road Telephone 970-W3-D733—
Carbondale, Colorado 81623
Board of County Commissioners
109 8th St., Suite 303
Glenwood Springs, CO. 81601
Dear Commissioners:
I am strongly opposed to the special use permit for 1609 County Road 112! This property
already produces a large amount of traffic, often more than this small road can take. I am
concerned about losing the rural character of my neighborhood, the very reason I bought
my home here, 1 am afraid the passing of such special use permits, even one, will
encourage others to seek such permits. 1 sincerely hope that you have the wisdom to
conserve and preserve this special place in our valley, my neighborhood.
Sincerely,
'-7crIADriteLati
Patric McLaughlin
F.. 0;
TOTAL P.01
• •
November 25, 1996
Board of County Commissioners
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Attention: Garfield County Commissioners
We are opposed to the special use permit for the Kathy Weiss
property located at 1609 County Road 112.
We agree with the many objections set forth in a petition
which we signed that was circulated to the residents and property
owners of the County Road 112 area. That petition will be
available to the Garfield County Commissioners at the special
use permit hearing on December 2, 1996.
In addition, we would like to point out that Kathy Weiss
appeared before the Garfield County Commissioners in 1989
objecting to the Pinyon Peaks development. Please note an
article in the Glenwood Post dated July 11, 1989. ((=°p/ 4 i(74`4e)
According to the article, Kathy Weiss objected to:
1. Water, that in her opinion, was not there to
support the Pinyon Peaks Development. Even Though, three
water engineers, as well as the State of Colorado, had
signed off on the water for the development. It is now
interesting to note that Ms. Weiss was notified on 8/19/96
by Dwight Whitehead, water commissioner for the State of
Colorado that she is in violation of expanded use of water
from Mary E. Wells #3 and #4 (copies of violations are in
your files in the courthouse).
2. Impact on the quality of life. Ms. Weiss objected
to the projected increase of traffic on roadj112 and 113 due to
the Pinyon Peaks subdivision. Again, please note that her
"ongoing'` expansions to her riding stable has increased traffic
substantially on these roads to the point that on many days
there are a dozen or more cars parked at the stable, not to
mention the truck traffic that her business has generated.
NOV 51996,
.ter t�=7 COUNTY
This is a classic case of two sets of standards.
Sincerely
Dan Ke
Ma y
0095
Ann Keating
Sage Swale Roar'
Carbondale, CO 81623
CY)
CO
>+
• •
Development
Continued from Page 1
harm the water level," Writer said
of the engineers' conclusions.
"It's my full intention to make a
quality -conscious development
there," Writer said.
Concerns were also raised regard-
ing county roads 112 and 113,
which Weiss and others said are al-
ready dangerous.
"I'm concerned about the impact
on the quality of life. That's a 75 -
percent increase in population,"
Weiss said of the development.
"The road is dangerous as it is, and
I don't see how the road can stand
(more traffic)."
Inadequate roads was one reason
a 1979 subdivision request, which
o C b O
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as (V.> 3 a o o
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asked for 39 units on the same tract
of land, and an additional 30 units
on 281 adjacent acres, was tumed
down by the commissioners. The
number of units also was a major
blow against the previous plan, said
Writer, who was not involved with
that project.
In light of last week's wildfire on
Missouri Heights, which destroyed
one home and threatened several
others in the Panorama Estates Sub-
division, Commission Chairman
Marian Smith said fire danger and
safety measures need to be expres-
sed to potential buyers.
"I'm concerned that people who
buy and build there have some
protection." she said. "People
3 la
C a>
Uo='
-0
ought to be aware that then
a real danger."
The proposal will inc
10,000 -gallon cistern for fire
tion purposes. A 30,000 stor
will serve as a central dist
system for 17 homesites
private road which is to be
county road standards. The
ing two sites, with access
off CR 112, will be served
dividual wells, according to
specifications.
Writer said fire safety m
will be addressed
homeowner's association co
are drawn up. Covenants a
prohibit further subdivisions
ded.
Please see `Development' Page 2
0
U
C 'J
0
0
• •
1.
NOV `(') 5 1996 "i
November 25, 1996
Board of County Commissioners
109 8th Street Suite 303
Glenwood Springs, CO 81601
Dear County Commissioners,
We are opposed to the special use permit for property located at 1609 County Road 1 12.
As near by property owners we are concerned about the following issues:
t. Apparent illegal use of water in that residential wells are not being used for adjudicated
purposes and there is no apparent water treatment system for commercial purposes.
2. An increase in traffic and safety concerns on a rural road.
3. Health concerns about well contamination due to large amounts of manure.
4. Increased demand on an existing septic system due to many dwellings on the property.
Due to the number of alleged violations on this property we would like to ask that the
hearing on this permit scheduled for December 2, be postponed and ask that you come and
personally inspect the sight
Thank you for your consideration in this matter.
John N. Stewart
c 0, dt .L -v --a
Judith A. Stewart
0710 Cactus Flats Rd.
Carbondale, CO 81623
Mary M. Marks
0190 Sage Swale Road
Carbondale, CO 81623
970-963-9613
November 24, 1996
NOV .2 5.1996: J
FY
Mark L. Bean, Director
Building and Planning Department
Garfield County Building and Planning
109 8th Street
Glenwood Springs, CO 81601
Re: Public Hearing - Monday, December 2, 1996 @ 11:00 a.m
for Special Use Permit for property located at 1609 County Road 112
I am opposed to the Board of County Commissioners granting a special use permit for the property
located at 1609 County Road 112.. In fact, my preference is that any decision about the special use
permit be tabled until the Board of County Commissioners may further investigate the historical
use of water at the site, current on-going operations, and the physical property located at County
Road 112.
1. I want the Board of County Commissioners to investigate historical use of water at the site to
assure that well water is being used within the county guidelines. It has already been deter-
mined that water use by two of the wells is in violation with the State Engineers Office. Both
wells were approved for household use only for single family dwellings. There are now multi-
ple family dwellings using the water and it is being used for lawn and garden irrigation and
commercial stock watering. All of these expanded usages of the water are in violation with the
state. I want to be assured that this expanded usage is not in violation with the county water
usage guidelines.
2. I want the county to observe ongoing operations to make sure that the proposed tack shop is
fulfilling all requirements for handicap access, public drinking water, and overhead sprinklers
for fire deterrent.
3. I am especially concerned about the manure that is piled up along side County Road 112.
Manure is a combustible material. The land directly across the street is densely covered with
trees and sage. The manner in which the manure is being disposed of or rather not disposed of
could cause a potential fire threat not only to the property at 1609 County Road 112, but also to
many of the adjacent neighbors. If a basic thing such as waste disposal can't be handled by the
business at 1609 County Road 112, then I hate to think what will happen if more commercial
operations are conducted on this property.
Sincerely,
CSC acy G
v Mary M. Marks
(,&
11/22/1996 14:19 18189914455
•
MIE FIVER
FAX
•
PAGE 01
To:Board of County Commissioners FAX 970-945-7785
4rom:Mike and Sheila 1 itzer
0207 Cactus Flats Road
Carbondale. Co 81623
Subject: Development on the 112 road
Kathy Weiss Special Use Permit
Date: November 22,1996
Wee to voice our objection to any commercial development
on
he 112
road
feeling
Ca would like degrade thegeneral
Carbondale. We feel this would increase traffic flaw and
of the neighborhood.
Mik�k 1tzer
Sheila Fitzer
Dear County Commissioners,
Nov. 25, 1996
I will be unable to attend the meeting on Dec. 2, 1996. At that meeting a special
use permit requested by Kathy Weiss will be considered. As a resident of the area, I
want to voice my dissension regarding possible approval of her permit request. The
impact of new building in this area has been felt by all the area residents. My two
concerns in relation to Ms. Weiss' request is water usage and traffic. In the past, Ms.
Weiss has shown an alarming disregard for county planning guidelines as well as water
consumption applications. Dan Weitzenkom, a neighbor whose property is adjacent
to Ms. Weiss, has prepared a detailed report on her actions or, in some cases, inactions.
After reading it, 1 don't see how you can approve her request. I know there are other
concerned residents in the area. I certainly hope you understand your actions in regard
to this matter will affect us all.
Sincerely,
aAlk
Mariann Hotchkiss
11-26-1996 10,13AM FROM ASPEN SKI TOURS 970 945 6983 P.1
• •
DATE: 11/26/96
TO: MARK BEAN
FROM: JANA RONSSE
AFTER RECONSIDERING KATHY WEISS'S REQUEST FOR A SPECIAL USE
PERMIT I FIND THAT I AM NOT OPPOSED TO HER REQUEST. PLEASE REMOVE
MY NAME FROM THE PEITIION OPPOSING THIS REQUEST.
THANK YOU,
11%26/96 13:18 $305 238 7897
•
FLITER, INC.
SENT VIA FAX
Larry and Barbara Fluer
2550 Niderer Road
Paso Robles, Caiiforoia 93446
November 27, 1996
Garfield County Board of Commissioners
109 Eighth St
Suite 303
Glenwood Springs, CO 81601
Dear Commissioners:
We are property owners at 0477 County Road 112, in Carbondale, Colorado. We heartily support
the issuance of a special use permit for Ms. Kathy Weiss and the Crystal Springs Ranch project_ It
is our understanding that she has made a request for a tack store to be located in an existing barn on
her 70-r acre ranch property. Ms_ Weiss and her ranch operation have set the tone and standard for
agricultural use in the 112 Road area. Her operation has been, for some time, a world class training
and educational facility for equestrian activity, and a tack store is harmony and most helpful to this
type of an operation.
Many people have purchasedproperty, built their homes and lifestyles inthe area with the
Crystal
Springs Ranch as a positive and_ influential focal point. The area's high property values directly
reflect this positive influence. As we understand Dr. Weizenkorn's concerns they appear to Iack
substance and are not appropriate to the situation at hand.. Thank you for your attention to this letter.
Cordially,
[2]001
Larry and Barbara Fluer
0477 County Road 112
Carbondale, CO 81623
L: ae��r,� c Use•��c�rr-,c�s�sa�
Post -ie Fax Note 7671 Dstel�t =r pages►
To r ✓ L ... of From tX o
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Phane4Z 2.37-�3r2--
Fax 4'
'Fax4
NOV-26-96 TUE 09:57 AM CAMP SNOCACTUS ARABIAN -E. 970 963 -729 P.01
•�•
• • i
••
Richard?. and Kaethe Ellis Wi Iiams
Comp SnoWCoctus Arabians, Inc.
2075 Crystel Sprk-G5 M r ri A o1C)
CcrboCoiorodc 81623
(303) 963-0762
11 / g6D729
1)"Home of Project -z"
Garfield County Bc__ :d of Commissioners
Garfield County Ccczthouse
109 8th St. Suite X03
Glenwood Springs C'._- 81601.
RE; Hearing for Ka by Weiss Special use permit, aka, Crystal
Springs Manch, 160.9 Conty Road 112, Carbondale.
Dear Commissioners,
We wish to state our full support of the above applicant and
the special use permit. This as an appropriate use for this
facility. Crystal Springs Ranch is a world class equestrian
facility and is an asset to our community. Many have located
here because of the equestrian opportunities it provides.
This facility has been in operation since 1980 and only
benefits our mesa. Crystal Springs Ranch has preserved our
rural character and our open space.
The originator of the petition has grossly misrepresented
the facts to obtain support. If petition signers were aware
of the true motivation of the originator, I feel certain the
signers would not have been part of this petition. Please
consider the many people who did not sign, who know the real
reason for this petition, and who wisely elected to not join
in this misguided endeavor.
We will be out of town the day of the hearing, but please
consider our letter with the same impact of anyone in
attendance.
Sincer
Tlam s
.r1il lams InsurancerA ney Inc.
Kaethe Nlis-Williams
Camp SnowCactus Arabians
2075 County Road 112
Carbondale Colorado, 81623
1 La hacienda de Hazeyna y sus caballitos !
11/25/96 MON 16:11 FAX 303 572 6698
DOLrRES S. ATENCIO
RICHARD W. DAH.Y
THCMA P MCMAHON
MARY M PHILLIPS
JAMES L PoorEI?S
KATHRYN L POvdErr�.
I'AivIAI A K. vINCELETTE
POWERS PHILLIPS 21001
• •
POWERS PHILLIPS, PC,
ATTORNEYS AT LAW
November 25, 1996
VIA FACSIMILE 970-945-7785
Mr. Mark L. Bean, Director
Building and Planning Department
Garfield County Building and Planning
109 8th Street
Glenwood Springs, CO 81601
Re: Special Use Application of Crystal Springs Ranch.
Dear Mr. Bean:
ciJG r, uCIQ CLNILR, SU lJ O
1203 SEVENTEENTH sTr:EET
I7,ETJVC12, c:c'L I A ')
TELEPHONE (3C2 2 'ccc
1 Ar.. -.,; )MILL (.,at) 57z-obed
We own a home in Pinyon Peaks, a subdivision just north of Crystal Springs Ranch. We
have been asked by some neighbors to sign a letter or petition opposing a special use permit for
the Crystal Springs Ranch to sell saddles. Since our views are apparently somewhat different
from some of our neighbors, we thought you might be interested in what may be a minority view.
We work in Denver during the week and can only be in our home on the weekends.
However, we frequently drive by the Crystal Springs Ranch and occasionally walk by. We like it
and regard it as one of the foremost amenities of the neighborhood. We are pu77led by terms like
"a source of light pollution, noise pollution and visual clutter." We see it primarily as open land
with a few horses grazing, to us a desirable use of pasture land in the valley; sometimes a dog
barks (so does ours); occasionally we see a horse being trained to jump. We assume that some of
the horse riders who amble along the road in front of our house are from the ranch, but we don't
know.
We have never met Ms. Weiss, the owner of the ranch, nor have we been on the ranch
property, nor do we own horses. We won't be buying any saddles, no matter where they are sold.
If a few of the horseback riders in the area occasionally buy a new saddle at the ranch it probably
won't add much to traffic or noise or even "visual pollution." Maybe it will help make the ranch
viable financially a little longer, and, from our point of view, that would be nice.
Perhaps if we lived week long in our home we would realize the problems that others see
with this ranch. To us, if the folks at the ranch can tolerate us driving by frequently we can
tolerate their selling a few saddles. That seems to be an appropriate ancillary activity for a horse
ranch.
Happy trails to you.
Kathy And Jay Powers
1
GARFIELD COUNTY
Building and Planning
September 26, 1996
Ron Wilson
Hartert & Wilson
210 Tenth St.
Glenwood Springs, CO 81601
RE: Kathy Weiss/Special Use Permit - Agriculture Related Business
Dear Mr. Wilson:
Your client's request for a Special Use Permit, identified on the enclosed public notice form, has been rescheduled
for a public hearing before the Board of County Commissioners on November 4, 1996, at 2:00 p.m. in the
Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs,
Colorado. It is suggested that you be present at the hearing.
A copy of the enclosed public notice should be submitted to a newspaper of general circulation for publication
one time, at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining
the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified
return -receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication
from the newspaper of general circulation and return -receipts from the mailings must be submitted to the
Planning Department by the applicant at, or prior to, the public hearing. The day of publication and the actual
day of your hearing do not count as days of notice. Please examine all of the enclosures to verify their accuracy.
Please contact this office if you have further questions regarding your application or the public hearing.
Sincerely,
Eric D. McCafferty
Planner, Garfield County
EDM/rw
Enclosures
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• 1
PUBLIC NOTICE
TAKE NOTICE that KATHY WEISS has applied to the Board of County Commissioners, Garfield County, State of
Colorado, to allow a Special Use Permit for Agriculture -Related Business in connection with the following described
property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See attached description
Practical Description: Located at 1609 County Road 102
Said Special Use Permit would allow for a Agriculture -Related business.
All persons affected by the proposed Special Use Permit are invited to appear and state their views, protests or objections.
If you cannot appear personally at such hearing, then you are urged to state your views by letter particularly if you have
objections to such Special Use Permit as the Board of County Commissioners will give consideration to the comments of
surrounding property owners and others affected in deciding whether to grant or deny the request for a Special Use Permit.
This application may be reviewed at the office of the Planning Department located at Garfield County Courthouse, 109 8th
Street, Suite 303, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon and 1:00 p.m. and 4:00 p.m.,
Monday through Friday.
That public hearing on the application for the above Special Use Permit has been set for the 4th day of November, 1996,
at the hour of 2:00 p.m., at the Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
•
GARFIELD COUNTY
Building and Planning
September 13, 1996
Gerald D. Hartert
Hartert & Wilson
210 Tenth St.
Glenwood Springs, CO 81601
RE: Kathy Weiss/Special Use Permit - Agriculture Related Business
Dear Mr, Hartert:
Your client's request for a Special Use Permit, identified on the enclosed public notice form, has been scheduled
for a public hearing before the Board of County Commissioners on October 14, 1996, at 3:30 p.m. in the
Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs,
Colorado. It is suggested that you be present at the hearing.
A copy of the enclosed public notice should be submitted to a newspaper of general circulation for publication
one time, at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining
the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified
return -receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication
from the newspaper of general circulation and return -receipts from the mailings must be submitted to the
Planning Department by the applicant at, or prior to, the public hearing. The day of publication and the actual
day of your hearing do not count as days of notice. Please examine all of the enclosures to verify their accuracy.
Please contact this office if you have further questions regarding your application or the public hearing.
Sincerely,
Eric D. McCafferty
Planner, Garfield County
EDM/rw
Enclosures
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
PUBLIC NOTICE
TAKE NOTICE that KATHY WEISS has applied to the Board of County Commissioners, Garfield County,
State of Colorado, to allow a Special Use Permit for Agriculture -Related Business in connection with the
following described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: See attached description
Practical Description: Located at 1609 County Road 102
Said Special Use Permit would allow for a Agriculture -Related business.
All persons affected by the proposed Special Use Permit are invited to appear and state their views,
protests or objections. If you cannot appear personally at such hearing, then you are urged to state your
views by letter particularly if you have objections to such Special Use Permit as the Board of County
Commissioners will give consideration to the comments of surrounding property owners and others
affected in deciding whether to grant or deny the request for a Special Use Permit. This application may
be reviewed at the office of the Planning Department located at Garfield County Courthouse, 109 8th
Street, Suite 303, Glenwood Springs, Colorado, between the hours of 9:00 a.m. and 12 noon and 1:00 p.m.
and 4:00 p.m., Monday through Friday.
That public hearing on the application for the above Special Use Permit has been set for the 14th day of
October, 1996, at the hour of 3:30 p.m., at the Garfield County Courthouse, Suite 301, 109 8th Street,
Glenwood Springs, Colorado.
Planning Department
Garfield County
.A parcel of land situated in the NW:SE% and NE1:SE1/4 of
Section 14, Township 7 South, Range 88 West, of the Sixth Principal Mer
dianlying southwesterly of the southwesterly right-of-'yline
of a county road as constructed and in place, said parcel
of
land is described as follows:
Beginning at the West Quarter Corner of said Section 14, being
a rock found in place and properly marked, thence S. 80'43'00"
E. 3316.55 feet to a point in the center of of1a130ffootaroad and
road and
utility easement, thence N. 53'39'57" E.
centerline of said easement to a point on the southwesterly
right-of-way.line of said county road; thence.S. 68'00'41" E.
43.56 feet alcng the southwesterly right-of-way line of said
county road; 5. 58'33'57" E. 2£8.49 feet along the southwesterly
right-of-way line of said county road; thence S. 63°13'27" E.
109.10 feet along the southwesterly right-of-way line of'said
county road; thence S. 60'14'24" E. 80.67 feet along the south-
westerly right-of-way line of said county road; thence S. 45°53'34"
E. 59.33 feet along the southwesterly right-of-way line ofssaid
said
county road; t'oence S. 42°13'55" E. 243.26 feet along
the
westerly right-of-way line of said county rod; thence
encenS.o33'14'10"
E. 192.13 feet along the southwesterly right-of-way
id
county road; thence S. 22'43'44" E. )31.11 feet along the south-
westerly right-of-way line of said county road; thence
S. 59'10'17" W., 394.61 feet- thence N. 50°27'42" W. 1090.04
feet to the True Point of Beginning.
210 TENTH STREET
GLENW00D SPRINGS, COLORADO 81601
TELEPHONE (970) 928-9665
FACSIMILE (970) 928-9680
HARTERT & WILSON •
ATTORNEYS AT LAW
TRANSMITTAL LETTER
TO: Mark Bean
Garfield County Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
DATE: August 9, 1996
RE: Special Use Permit: Kathy Weiss
I AM SENDING TO YOU:
XXX
Documents: Original Application
Attachments
Check:
Letter:
Statement:
Return Envelope:
THESE ARE SENT TO YOU:
XXX
REMARKS:
For your information.
For your review and signature.
For processing in your office.
For filing in the Court.
GDH/pc
Enclosures
7c-V-\1-47i-g--'HARTERT
Hyla It"'`
MUG 045 996
. WILSON
Special Use Permit and All
4-0 b2 Lei
111� tc)
Signed:
Gerald D. Hartert