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HomeMy WebLinkAbout2.0 Staff ReportBUILDING & PLANNING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: July 9, 2012 SUBJECT: Director's Call-up - Frances Cardillo Accessory Dwelling Unit Administrative Permit Review (File GAPA-7216) On June 29, 2012, the Director of the Building and Planning Department issued a Director's Determination for a Call -Up to the Board of County Commissioners of the Frances Cardillo General Administrative Application for a Land Use Change Permit for an Accessory Dwelling Unit. The Applicant has requested a waiver from the Roadway Standards contained in Section 7-307 of the Unified Land Use Resolution of 2008, as amended (ULUR) which would require review by the Board of County Commissioners. This Call -Up is also consistent with recent direction from the Board, Public comments on the Application have also been received. The Cali -Up by the Director is being processed iri accordance with Section 4-104(A)(8) of the ULUR which calls for the Director to "place the Administrative Review Permit on the earliest available scheduled meeting agenda of the Board of County Commissioners to determine if a public hearing would be required". In accordance with the ULUR we have placed this item on the next available Board of County Commissioners agenda, Monday, July 9, 2012, at 1:00 p.m. This agenda item will be for the Board of County Commissioner's deliberation on whether a public hearing before the Board of County Commissioners would be required. Included in the Board's packet is the following information: • Director's Determination Letter • Staff Report (including information on the Application) • Referral Comments • Public Comments Building and Planning Department Staff and the County Attorney's Office will be available at the public meeting to answer any questions regarding the Application, Director's Determination, the Call -Up process and Waiver Request. The Applicant has been advised of the public meeting and the Director's Determination. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax. (970) 384-3470 June 29, 2012 Angelo Cardillo P.O. Box 261 Silt, CO 81652 Garfield County BUILDING & PLANNING DEPARTMENT RE: Director's Decision Cardillo Accessory Dwelling Unit (File GAPA-7216) Dear Angelo: This letter is in regard to the Frances Cardillo Application for a General Administrative Permit for an Accessory Dwelling Unit (ADU) on the property located at 100 Cedar Drive, Silt, Colorado. Your Application is being processed in accordance with Section 4-104 Administrative Review Process of the Garfield County Unified Land Use Resolution of 2008 as amended (ULUR). Said provisions require a 'Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, deny, or call-up the request for review by the Board of County Commissioners. A decision is herby issued regarding your Application for an Administrative Permit for an Accessory Dwelling Unit. The Director's Decision is to call-up the Application for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the waiver request from the roadway standards contained in Section 7-307 of the ULUR and compatibility/impact issues raised by adjacent property owners. In the case of a Director call-up the ULUR provides that "the Director shall place the administrative Review Permit on the earliest available scheduled meeting agenda of the Board of County Commissioner's to determine if a public hearing would be required". We have added the Board's discussion of whether to schedule a public hearing to their agenda for July 9th. Please feel free to contact the Planning Office if you have any questions regarding this Director's Call-up or the Board of County Commissioner's meeting. Sincerely, Fred Jarman, AICP Director, Garfield Coun Building and Planning Department cc: Board of County Commissioners Carey Gagnon, Acting County Attorney 108 Eighth Street, Suite 401 •1 Glenwood Springs, CO 81 601 (970) 945-8212 • Fax: (970) 384-3470 Cardillo ADU GAPA-7216 June 28, 2012 (edited 7/2/12) PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) Frances Cardillo Angelo Cardillo 100 Cedar Ln. located off of County Road 266, approximately 2Y2 miles north of the Town of Silt Section 26, T5S, R92W of the 6th P.M. (Assessors Parcel #2127-264-00-054) Approximately 5.2 acres Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on their 5.2 acre property. The Accessory Dwelling Unit currently exists within an accessory/barn structure on the property. The Accessory Unit is approximately 960 sq.ft. in size. Existing access and services are in place for the Accessory Dwelling Unit. The existing unit has been inspected by the Garfield County Building Department and compliance with the Building Code will be required._ Certain modifications, inspections, and engineering certifications will likely be required. The unit is located on the upper level of the barn and occupies only a portion of that level. The remainder of that floor is in use for storage. The lower level of the barn is used for agricultural purposes including horse stalls and tack storage. The unit currently exists and has existing utility services. It has a separate ISDS for wastewater, utilizes a shared well for water, and underground electric. Natural gas service exists for the main house but is not extended to the ADU. The site is improved with driveways, parking areas, agricultural facilities (fences, corrals, grazing areas) and irrigation ditches. The property slopes up to the west from the low point of the on-site driveway and generally has moderate slopes. Access to the site is via a 15 — 16 ft. wide gravel driveway located in a 30 ft. access easement. The access comes off of County Road 266. The access does not meet the minimum roadway standards contained in Section 7-307 of the ULUR for a 40 ft. easement or right-of-way and is at or just below the minimum width of 16 ft. (two 8 ft. lanes). Some variation from the required ditch and shoulder requirements also is evident depending on the section of the driveway. VICINITY MAP Cardillo Site II. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-501 of the ULUR, designate Accessory Dwelling Units within the Rural Zone District as requiring Administrative Review. B. Section 4-104 of the ULUR sets forth the Administrative Review Procedures. All procedural requirements have been met, including the notice requirement to adjacent property owners within 200 ft. The Applicant has provided proof of mailing by submitting certified return receipts for the notice. C. Section 7-801 of the ULUR sets forth Additional Standards Applicable to an Accessory Dwelling Unit as shown below: 2 SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The gross floor area for residential occupancy shall not exceed 1500 square feet. B. Compliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner's Association, as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. D. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than two (2) acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. III. PUBLIC AND REFERRAL COMMENTS The Applicant has completed notice mailings to adjacent property owners as required for the ULUR. Public comments and referral comments received on the Application are attached as Exhibits and summarized as follows: A. Garfield County Road and Bridge: Had no issues with the Application moving forward. B. County Vegetation Manager: Had no comments. C. Burning Mountain Fire Protection District: The District had one request for a key box to allow access through the Applicant's gate_ Their comments indicated that the Applicant had agreed with their request. D. Garfield County Consulting Engineer: Noted the need additional details on the road waiver request and for ISDS permitting from the County. E. Colorado Division of Water Resources: The Division has provided comments noting the Applicant's well permits and contracts with the West Divide Water Conservancy District. They indicate that "so long as the Applicant abides by the condition on the permit" they have no objection to the Application. F. Garfield County Environmental Health Manager: Did not provide comments. Issues associated with the septic system will be addressed by the Building Department and conditions of approval. Review by the Building Department has noted concerns regarding 3 the nonconforming setback between the existing [each field and the ADU/Barn Structure. G. Public Service — Xcel Energy: No comments from this utility were received. Issues with electrical service will be dealt with by the State Electrical Inspector. H. Comments from Adjoining Property Owners. Written comments from Tim and Karla Bagley are attached. Other verbal comments were received noting concerns regarding rental units and RV usage. DETAILED SITE PLAN SITE PLAN A Parcel of Land Situate intim SWI/4 SEW 4 Section 26, Towsh .5S:owt, Range 92 tritest of the 6th P. Ili, Comfy of Weld, Stat of rnd IV. COMPREHENSIVE PLAN The Cardillo Property is designated as Residential Medium High — RMH (2 to < 6 Acres/DU) in the Garfield County Comprehensive Plan 2030. Excerpts from the Plan including the Future Land Use Map are included below. The Cardillo proposal for two dwelling units on their 5 acre parcel results in an effective density of approximately 1 unit per 2.5 acres. With the majority of the Cardillo Property maintained in an open condition in agricultural or grazing uses the density appears to be just within the Comprehensive Plans guidelines. 4 COMPREHENSIVE PLAN FUTURE LAND USE MAP 1111111111111411 Cardillo Site FUTURE LAND USE MAP DESIGNATIONS • Brown indicates Res MH (Residential Medium — High). • Yellow indicates Res M (Residential Medium) • White is Open Space/public Lands, • Red Boundary — Silt and Rifle Urban Area of Influence I.AN° CJsc DESIGNATION DESCRIPTION COMPATIBLE ZONING Rcsidenlial Medium High (RMI -11 MIN Small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition: 0% open land = 1 du per -6 acres 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres Rufal (R) Planned Unit Development (VIJD) [Density of residential uses: f du per 2 to <6 acres 5 V. STAFF ANALYSIS A. The Applicant has provided detailed documentation from their Engineer demonstrating an adequate supply of domestic water both in terms of quantity and quality. The report does include a recommendation for disinfection of a water storage tank that under initial testing indicated some issues with bacteria. B. The Engineer's report addresses the legal supply of water consistent with the referral comments from the Division of Water Resources. A new well permit from the Division of Water Resources approved for a single family dwelling, an ADU and some agricultural uses was submitted as part of the Application. The new permit is based on a contract with the West Divide Water Conservancy District. C. The Application includes a detailed engineering report on the existing ISDS serving the ADU including an engineer's opinion that the system "will function in a manner that exceeds minimum design standards." The report does include a recommendation that a Tee be installed in the tank outfall. County permitting of the system will be required and modification to the nonconforming setback for the leach field may also be required. D. The Applicant has requested a waiver from the roadway standards contained in Section 7-307 of the ULUR. Consideration of such a waiver will require a call-up to the Board of County Commissioners. Areas of inconsistency include easement width, some sections of ditchlshoulder, and some sections of driving lane width. E. At the time of building permit application the Applicant should be required to comply with all standard county requirements related to building code, utility services or upgrades, and site management. F. A waiver for the requirement for topographic mapping for the site is acceptable based on the existing condition of the lot, moderate slopes and the location of the existing ADU. G. The ADU Applicant reflects compliance with the supplemental ULUR standards for ADU's found in Section 8-801 including but not limited to ownership restrictions and size limits. The Applicant has represented that there are no covenants on the site and no homeowners association. H. The Applicants have provided general information on the property indicating a lack of hazardous or unique conditions that would impact the proposed ADU or the ability to construct the additional dwelling unit. 1. The ADU only occupies 960 sq.ft. of the upper level of the barn. A condition of approval should specifically limit the size of the unit as represented in the Application. The remainder of the floor area may be utilized for storage or other agricultural or accessory uses. 6 ADU FLOOR PLAN Yi 1NL IIIIIIIRIMEI k. 1111111•111111MIRM algiM1111 El Ir MNIMMINNIET im ME rEMMIMMEIMME.1 i,1IIiiiflhIIi . lr Mk IS ..allm,1111.2M1 ----- •■■ui m■■■r]g• -.. bM ■■. .■... IIIMESIMINIPI ■ MEM MIR iMN ! ME ■E■■ ■■.El r ME 0 - KINVEN � :, I ■iiP i•�ii�aAIME 7=" rum KIM VI. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends that the Cardillo Application for a General Administrative Land Use Change Permit be called up by the Director for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the waiver request from the roadway standards contained in Section 7-307 of the ULUR and will allow further consideration of compatibility issues raised by adjacent property owners. 7 Other Options for the Director to consider include the following: Option 2: Denial of the Cardillo General Administrative Land Use Change Permit based on failure to demonstrate compliance with the Roadway Standards contained in Section 7- 307 of the ULUR. Pursuant to Section 7-104(B)(1) the Applicant may request reconsideration and call-up of the Director's Decision. Option 3: Approval of the Cardillo General Administrative Land Use Change Permit subject to the following conditions including a requirement that the Applicant comply with the Roadway Standards contained in Section 7-307 of the ULUR unless the Board of County Commissioners grants a waiver to said standards. 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless modified by the Director Decision. 2. The existing Individual Septic Disposal System for the Accessory Dwelling Unit shall be reviewed by the Garfield County Building Department, properly permitted. Any modifications or documentation required by the Department including but not limited to relocation of the leach field to comply with all setback requirements, shall be implemented or provided prior to issuance of a certificate of occupancy for the ADU. In accordance with the Applicant's Engineer's recommendation a "Tee" shall be installed at the tank outfall prior to issuance of a certificate of occupancy. 3. The Applicant shall maintain a contract with the West Divide Water Conservancy District as necessary to stay in compliance with the well permit issued by the Colorado Division of Water Resources that allows the ADU to be served by the existing well. 4. The Applicant shall disinfect the water storage tank in accordance with their Engineer's recommendation prior to issuance of a certificate of occupancy and periodically thereafter. 5. The proposed ADU shall maintain compliance with all Additional Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not limited to ownership restrictions and compliance with all Garfield County Building Code Requirements. The ADU shall be limited to 960 sq.ft. consistent with the Application submittals with no expansion permitted including into the balance of the upper floor area. 6. The Applicant shall update the site plan and designate two parking spaces for the ADU. 7. The Applicant shall comply with all Garfield County Building Code Requirements and shall provide the County's Building Inspectors adequate access to the ADU to confirm to their satisfaction that the construction meets the Code. Compliance with other code requirements including the State Electrical Code shall be required with evidence of approval from the State Electrical Inspector provided prior to issuance of a certificate of occupancy. 8 8. The Applicant's request for waiver from submittal requirements related to topographic mapping for the entire site is acceptable. 9. The Applicant shall comply with the County regulations limiting occupancy of Recreation Vehicles on private property. 10. The Roadway Standards contained in Section 7-307 are applicable to this permit request. The Applicant shall upgrade the access road to the site to meet the County Roadway Standards contained in Section 7-307 unless a waiver request is approved by the Board of County Commissioners. 11. Prior to the issuance of certificate of occupancy for the ADU, the Applicant shall install a "knox box" per the Burning Mountain Fire Protection District specifications to facilitate emergency vehicle access to the site. 9 Views of the Site I0 i*XLWZnM = min ammummum. Niumniumagsminist mommmt 11 Beginning of the Access Driveway Middle Section of the Access Driveway 12 Glenn Hartmann From: !Carla Bagley [karla.bagley©eaglecounty.usj Sent: Saturday, June 23, 2012 6:02 PM To: Glenn Hartmann Cc: Tim Bagley Subject: Cardillo Building Permit Mr. Hartmann, We have received notification that Frances Cardillo (owner of the property located at 100 Cedar Drive, Silt, CO) has applied for a building permit for an existing residential accessory dwelling unit on her property. This existing unit was built in the second story of large bamigarage approximately 14 years ago and has been steadily occupied (either by Angelo Cardillo, who owned the property from approximately 1998 to 2002 or tenants) since then. We assumed that Mr. Cardillo had followed the proper process when building and renting this unit but were very concerned to team that this was not the ease. We believe that the Cardillos should not be allowed a building permit after the fact (many years after the fact!) and should not be permitted to retain the accessory dwelling unit. We understand that they will be required to bring the unit up to Garfield County building codes, but why should they be allowed to continucwhat to benefit from something they have done against regulations? Will they be reimbursing Garfield County for the lost property taxes on that unit for the last 14 years? If they are allowed to keep the unit and continue to eam additional income from it, what is stopping any of us from just taking our chances - what would stop anyone in the county with over 5 acres to put up an agricultural building and then developing the inside of the building with no one's knowledge?? A person can operate this way for 10, 15, or 20 years and then maybe make things right IF we get caught? This sets a dangerous precedent for other residents of Garfield County. What kind of message does that send? Another reason to deny the application is because the additional unit is in a much larger structure, there is no real way to stop the property owner from using the building for two or more additional dwelling units without the county's knowledge. How will you monitor this? It would be much different if the accessory dwelling unit was one building defined by four walls but it's not! Mr. Cardillo controls the property and has already proven himself untrustworthy and willing to ignore the county regulations (and again, avoiding paying the proper fees and property taxes due to the county) - that alone should be enough to deny the building permit. We are unable to have a conversation with Mr. Cardillo about anything without the threat of violence (most recently, the threat was to shove something up my ass), which further indicates what kind of person he is - the kind that respects neither other people or proper processes and procedures. Has he threatened violence to other neighbors if they disagree with his plan? In addition, we have some serious concerns about our water supply if this permit for an accessory dwelling unit is allowed. We have seen the reports indicating that the existing well on the property will support an accessory dwelling unit but we believe there will be an impact on our water supply. As you know, Silt Mesa has a limited water supply especially in drought years such as this. Many people on Silt Mesa have to haul their own additional water. We are on the edge of having to haul our own water to supplement our well. Our well is very close to the Cardillos property, and since the most recent set of tenants have moved (a few months ago), we have noticed that our water supply has increased. Our biggest concern is that if they continue to have an additional household (with any number of tenants), we fear it will have in impact our water supply again, and we will have to start hauling water to supplement our well. It's quite possible that if there well uses more water at a lower level, less water will be available for our well which is at a slightly higher elevation. The more water they use, the less water we will have. It is important they be limited to one household with NO accessory dwell ing unit. Please feel free to call me at 970-309-2997(Tim) to discuss this situation. I would like to speak with you before the decision is made, and I would like to be notified of the decision that is made. Thank you, Tim and Karla Bagley 693 County Road 266 Silt, CO 81652 **Please rote that my last name and email address have changed and update your records. Thank youl ** Karla J. (Herridge) Bagley Chief Deputy Public Trustee Eagle County PO Box 1229 Eagle, CO 81631 970-328-8863 2 Glenn Hartmann From: Wyatt Keesbery Sent: Monday, June 18, 2012 2:21 PM To: Glenn Hartmann Subject: Cardillo Accessory dwelling unit Road and Bridge has no issues with this going forward kyattx Garfield County Road & Bridge 0298 CR 333A Rifle, Co. 81650 Office- 970-625-8601 Fax- 970-625-8627 Cell- 970-309-6073 i Glenn Hartmann From: Orrin Moon jorrin.moon@burningmountainsfire.orgj Sent: Wednesday, June 27, 2012 4:46 PM To: Glenn Hartmann Cc: 'Brit McLin' Subject: Cardillo Accessory ©welling Unit. Glen: I have reviewed the referral and made a site visit to the Cardillo Accessory Dwelling unit, File Number GAPA-7216 located at 100 Cedar Drive in Silt. I have only one request/ requirement for the applicant for approval of the ADU. The residence and the proposed ADU are behind a electric gate to which we do not have access to in case of an emergency without removing two pins and manually opening the gate. l have talked to Angelo Cardillo and he has agreed to install a Knox Box(Key Box) below a future key pad that is used to open the gate from the driveway. All other access is acceptable to BMFPD. Please contact me with any questions. Thank you, Orrin D. Moon Hre Marshal/Battalion Chlei Burning Mountains Fire Protection District 775 Castle Valley Blv0. New Castle, Co 81647 9701s4-3213 orrin.moonnuminfmountainstire.or; June 27, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Cardillo Accessory Dwelling Unit: GAPA-7216 Dear Glenn: This office has performed a review of the documents provided for the General Administrative Permit Application for the Cardillo Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The following comments were generated: • The Applicant requests a general waiver from the requirements of the road standards. The application materials are silent to any specific deficiencies of the existing road compared to the requirements of the ULUR. Specific items that are not in compliance should be identified. • The Applicant has provided a report that evaluates the existing ISDS and shows that it is adequate (save for one setback requirement.) The application materials seem to suggest that the ISDS for the ADU was not permitted. If this is the case, the Applicant should obtain an ISDS permit from Garfield County. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE Glenn Hartmann From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Tuesday, June 19, 2012 3:55 PM To: Glenn Hartmann Cc: Krause, Hen; Martellaro, Alan Subject: Cardillo Accessory Dwelling Unit Comments from DWR Mr. Hartmann, This office has reviewed the above referenced proposal to add an additional dwelling unit to Lot 61 of the Antlers Orchard Development. The applicant proposes to use an existing well to supply water to both the main residence and the ADU. Sewage is through an individual septic system. Permit no. 75856-F was issued on February 8, 2012 for an existing well on Lot 61 on the Antlers Orchard Development. Its uses are limit to ordinary household purposes inside one single family dwelling and one accessory dwelling unit, the irrigation of not more than 5,090 square feet of irrigation, and the watering of 7 head of domestic animals. The average annual amount to be appropriated shall not exceed 1.154 AF. This permit operates pursuant to the Silt Mesa Augmentation Plan and a contract with the West Divide Water Conservancy District. So long as the applicant abides by the conditions on the permit this office has no objections to this application. If you or the applicant have any questions please contact me in this office. Sincerely, Karlyn Adams, E.I.T. Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)856-3589 fox 1 Garfield County Glenn Hartmann Garfield County Building & Planning Department GAPA-7216 RE: Cardillo ADU Dear Glenn, have no comments on this one. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager Yeeetati©n Manaj'ement June 26, 2012 0298 County Road 333A Rifle, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627 Garfield County BUILDING & PLANNING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: July 9, 2012 SUBJECT: Director's Call-up - Frances Cardillo Accessory Dwelling Unit Administrative Permit Review (File GAPA-7216) On June 29, 2012, the Director of the Building and Planning Department issued a Director's Determination for a Call -Up to the Board of County Commissioners of the Frances Cardillo General Administrative Application for a Land Use Change Permit for an Accessory Dwelling Unit. The Applicant has requested a waiver from the Roadway Standards contained in Section 7-307 of the Unified Land Use Resolution of 2008, as amended (ULUR) which would require review by the Board of County Commissioners. This Call -Up is also consistent with recent direction from the Board. Public comments on the Application have also been received. The Call -Up by the Director is being processed in accordance with Section 4-104(A)(8) of the ULUR which calls for the Director to "place the Administrative Review Permit on the earliest available scheduled meeting agenda of the Board of County Commissioners to determine if a public hearing would be required". In accordance with the ULUR we have placed this item on the next available Board of County Commissioners agenda, Monday, July 9, 2012, at 1:00 p.m. This agenda item will be for the Board of County Commissioner's deliberation on whether a public hearing before the Board of County Commissioners would be required. Included in the Board's packet is the following information: • Director's Determination Letter • Staff Report (including information on the Application) • Referral Comments • Public Comments Building and Planning Department Staff and the County Attorney's Office will be available at the public meeting to answer any questions regarding the Application, Director's Determination, the Call -Up process and Waiver Request. The Applicant has been advised of the public meeting and the Director's Determination. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 June 29, 2012 Angelo Cardillo P.O. Box 261 Silt, CO 81652 Garfield County BUILDING & PLANNING DEPARTMENT RE: Director's Decision Cardillo Accessory Dwelling Unit (File GAPA-7216) Dear Angelo: This letter is in regard to the Frances Cardillo Application for a General Administrative Permit for an Accessory Dwelling Unit (ADU) on the property located at 100 Cedar Drive, Silt, Colorado. Your Application is being processed in accordance with Section 4-104 Administrative Review Process of the Garfield County Unified Land Use Resolution of 2008 as amended (ULUR). Said provisions require a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, deny, or call-up the request for review by the Board of County Commissioners. A decision is herby issued regarding your Application for an Administrative Permit for an Accessory Dwelling Unit. The Director's Decision is to call-up the Application for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the waiver request from the roadway standards contained in Section 7-307 of the ULUR and compatibility/impact issues raised by adjacent property owners. In the case of a Director call-up the ULUR provides that "the Director shall place the administrative Review Permit on the earliest available scheduled meeting agenda of the Board of County Commissioner's to determine if a public hearing would be required". We have added the Board's discussion of whether to schedule a public hearing to their agenda for July Stn Please feel free to contact the Planning Office if you have any questions regarding this Director's Call-up or the Board of County Commissioner's meeting. Sincerely, Fred Jarman, AICP Director, Garfield Coun y Building and Planning Department cc: Board of County Commissioners Carey Gagnon, Acting County Attorney 108 Eighth Street, Suite 401 •1 Glenwood Springs, GO 81601 (970) 945-8212 • Fax: (970) 384-3470 Cardillo ADU GAPA-7216 June 28, 2012 (edited 7/2/12) PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER} Frances Cardillo REPRESENTATIVE Angelo Cardillo LOCATION 100 Cedar Ln. located off of County Road 266, approximately 2% miles north of the Town of Silt LEGAL DESCRIPTION Section 26, T5S, R92W of the 6t" P.M. (Assessor's Parcel #2127-264-00-054) ACRES Approximately 5.2 acres ZONING Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on their 5.2 acre property. The Accessory Dwelling Unit currently exists within an accessory/barn structure on the property. The Accessory Unit is approximately 960 sq.ft. in size. Existing access and services are in place for the Accessory Dwelling Unit. The existing unit has been inspected by the Garfield County Building Department and compliance with the Building Code will be required., Certain modifications, inspections, and engineering certifications will likely be required. The unit is located on the upper level of the barn and occupies only a portion of that level. The remainder of that floor is in use for storage. The lower level of the barn is used for agricultural purposes including horse stalls and tack storage. The unit currently exists and has existing utility services. It has a separate ISDS for wastewater, utilizes a shared well for water, and underground electric. Natural gas service exists for the main house but is not extended to the ADU. The site is improved with driveways, parking areas, agricultural facilities (fences, corrals, grazing areas) and irrigation ditches. The property slopes up to the west from the low point of the on-site driveway and generally has moderate slopes. Access to the site is via a 15 — 16 ft. wide gravel driveway located in a 30 ft. access easement. The access comes off of County Road 266. The access does not meet the minimum roadway standards contained in Section 7-307 of the ULUR fora 40 ft. easement or right-of-way and is at or just below the minimum width of 16 ft. (two 8 ft. lanes). Some variation from the required ditch and shoulder requirements also is evident depending on the section of the driveway. VICINITY MAP Cardillo Site II. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-501 of the ULUR, designate Accessory Dwelling Units within the Rural Zone District as requiring Administrative Review. B. Section 4-104 of the ULUR sets forth the Administrative Review Procedures. All procedural requirements have been met, including the notice requirement to adjacent property owners within 200 ft. The Applicant has provided proof of mailing by submitting certified return receipts for the notice. C. Section 7-801 of the ULUR sets forth Additional Standards Applicable to an Accessory Dwelling Unit as shown below: 2 SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The gross floor area for residential occupancy shall not exceed 1500 square feet. B. Compliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner's Association, as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. D. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than two (2) acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. III. PUBLIC AND REFERRAL COMMENTS The Applicant has completed notice mailings to adjacent property owners as required for the ULUR. Public comments and referral comments received on the Application are attached as Exhibits and summarized as follows: A. Garfield County Road and Bridge: Had no issues with the Application moving forward. B. County Vegetation Manager: Had no comments. C. Burning Mountain Fire Protection District: The District had one request for a key box to allow access through the Applicant's gate. Their comments indicated that the Applicant had agreed with their request. D. Garfield County Consulting Engineer: Noted the need additional details on the road waiver request and for ISDS permitting from the County. E. Colorado Division of Water Resources: The Division has provided comments noting the Applicant's well permits and contracts with the West Divide Water Conservancy District. They indicate that "so long as the Applicant abides by the condition on the permit" they have no objection to the Application. F. Garfield County Environmental Health Manager: Did not provide comments. Issues associated with the septic system will be addressed by the Building Department and conditions of approval. Review by the Building Department has noted concerns regarding 3 the nonconforming setback between the existing leach field and the ADU/Barn Structure. G. Public Service — Xcel Energy: No comments from this utility were received. Issues with electrical service will be dealt with by the State Electrical Inspector. H. Comments from Adjoining Property Owners. Written comments from Tim and Karla Bagley are attached. Other verbal comments were received noting concerns regarding rental units and RV usage. DETAILED SITE PLAN SITE HAN A Pzreaei of Lwtd Situate in the SW1/4 1/4 Section 26, ?fie r ship 5 &autk kings 92 West of the 6th FIC Coady of Qarfteid, Stag of Colorado i1 4,1110 04$R IV. COMPREHENSIVE PLAN The Cardillo Property is designated as Residential Medium High — RMH (2 to < 6 Acres/DU) in the Garfield County Comprehensive Plan 2030. Excerpts from the Plan including the Future Land Use Map are included below. The Cardillo proposal for two dwelling units on their 5 acre parcel results in an effective density of approximately 1 unit per 2.5 acres. With the majority of the Cardillo Property maintained in an open condition in agricultural or grazing uses the density appears to be just within the Comprehensive Plans guidelines. 4 COMPREHENSIVE PLAN FUTURE LAND USE MAP , . .11111iiiij Cardillo Site .40 FUTURE LAND USE MAP DESIGNATIONS • Brown indicates Res MH (Residential Medium — High). • Yellow indicates Res M (Residential Medium) • White is Open Space/public Lands. • Red Boundary — Silt and Rifle Urban Area of Influence LAND Usti. DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Medium High (RMFI) small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition: O% open land = 1 du per ,.6 acres 50% open land t du per 4 acres 70% open land = 1 du per 2 acres Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 2 to <6 acres Fxa»rpfe: 5 V. STAFF ANALYSIS A. The Applicant has provided detailed documentation from their Engineer demonstrating an adequate supply of domestic water both in terms of quantity and quality. The report does include a recommendation for disinfection of a water storage tank that under initial testing indicated some issues with bacteria. B. The Engineer's report addresses the legal supply of water consistent with the referral comments from the Division of Water Resources. A new well permit from the Division of Water Resources approved for a single family dwelling, an ADU and some agricultural uses was submitted as part of the Application. The new permit is based on a contract with the West Divide Water Conservancy District. C. The Application includes a detailed engineering report on the existing ISDS serving the ADU including an engineer's opinion that the system "will function in a manner that exceeds minimum design standards." The report does include a recommendation that a Tee be installed in the tank outfall. County permitting of the system will be required and modification to the nonconforming setback for the leach field may also be required. D. The Applicant has requested a waiver from the roadway standards contained in Section 7-307 of the ULUR. Consideration of such a waiver will require a call-up to the Board of County Commissioners. Areas of inconsistency include easement width, some sections of ditch/shoulder, and some sections of driving lane width. E. At the time of building permit application the Applicant should be required to comply with all standard county requirements related to building code, utility services or upgrades, and site management. F. A waiver for the requirement for topographic mapping for the site is acceptable based on the existing condition of the lot, moderate slopes and the location of the existing ADU. G. The ADU Applicant reflects compliance with the supplemental ULUR standards for ADU's found in Section 8-801 including but not limited to ownership restrictions and size limits. The Applicant has represented that there are no covenants on the site and no homeowners association. H. The Applicants have provided general information on the property indicating a lack of hazardous or unique conditions that would impact the proposed ADU or the ability to construct the additional dwelling unit. I. The ADU only occupies 960 sq.ft. of the upper level of the barn. A condition of approval should specifically limit the size of the unit as represented in the Application. The remainder of the floor area may be utilized for storage or other agricultural or accessory uses. 6 ADU FLOOR PLAN m MMTMMEmmEMEMENMEmMMITIE m ■ 11111441111111111111111 m mmomm:gra 'nummansommommumm mommiummill mosImummumimmum milimmoml III _immummommommw_Almsm_ mg' A liellinuf ligiiii .......,.......„.....,. . imputrallimi....1......4. Ammintimproup ........ , ........ ,....,_. r... ...., .......jp,.......r EWEN MUmMEmMEMME EU Mmomm =Mom IMIPAIIIIIII MEM NEM rinamoncammoERN EMI. W11111E1MIBMILMEHI MN TEEM _Allill.i1NOCRIEME,m, MOM lip tantimearIMMIETELNLJA ffil ME MEM NM IIMENNIMMU NM t 1rommou� �E11� ' �� VI. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends that the Cardillo Application for a General Administrative Land Use Change Permit be called up by the Director for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the waiver request from the roadway standards contained in Section 7-307 of the ULUR and will allow further consideration of compatibility issues raised by adjacent property owners. 7 Other Options for the Director to consider include the following: Option 2: Denial of the Cardillo General Administrative Land Use Change Permit based on failure to demonstrate compliance with the Roadway Standards contained in Section 7- 307 of the ULUR. Pursuant to Section 7-104(B)(1) the Applicant may request reconsideration and call-up of the Director's Decision. Option 3: Approval of the Cardillo General Administrative Land Use Change Permit subject to the following conditions including a requirement that the Applicant comply with the Roadway Standards contained in Section 7-307 of the ULUR unless the Board of County Commissioners grants a waiver to said standards. 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless modified by the Director Decision. 2. The existing Individual Septic Disposal System for the Accessory Dwelling Unit shall be reviewed by the Garfield County Building Department, properly permitted. Any modifications or documentation required by the Department including but not limited to relocation of the leach field to comply with all setback requirements, shall be implemented or provided prior to issuance of a certificate of occupancy for the ADU. In accordance with the Applicant's Engineer's recommendation a "Tee" shall be installed at the tank outfall prior to issuance of a certificate of occupancy. 3. The Applicant shall maintain a contract with the West Divide Water Conservancy District as necessary to stay in compliance with the well permit issued by the Colorado Division of Water Resources that allows the ADU to be served by the existing well. 4. The Applicant shall disinfect the water storage tank in accordance with their Engineer's recommendation prior to issuance of a certificate of occupancy and periodically thereafter. 5. The proposed ADU shall maintain compliance with all Additional Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not limited to ownership restrictions and compliance with all Garfield County Building Code Requirements. The ADU shall be limited to 960 sq.ft. consistent with the Application submittals with no expansion permitted including into the balance of the upper floor area. 6. The Applicant shall update the site plan and designate two parking spaces for the ADU. 7. The Applicant shall comply with all Garfield County Building Code Requirements and shall provide the County's Building Inspectors adequate access to the ADU to confirm to their satisfaction that the construction meets the Code. Compliance with other code requirements including the State Electrical Code shall be required with evidence of approval from the State Electrical Inspector provided prior to issuance of a certificate of occupancy. 8 8. The Applicant's request for waiver from submittal requirements related to topographic mapping for the entire site is acceptable. 9. The Applicant shall comply with the County regulations limiting occupancy of Recreation Vehicles on private property. 10. The Roadway Standards contained in Section 7-307 are applicable to this permit request. The Applicant shall upgrade the access road to the site to meet the County Roadway Standards contained in Section 7-307 unless a waiver request is approved by the Board of County Commissioners. 11. Prior to the issuance of certificate of occupancy for the ADU, the Applicant shall install a "knox box" per the Burning Mountain Fire Protection District specifications to facilitate emergency vehicle access to the site. 9 Views of the Site 10 11 Beginning of the Access Driveway Middle Section of the Access Driveway Glenn Hartmann From: Karla Bagley fkaria.bagley@eaglecounty.us] Sent: Saturday, June 23, 2012 6:02 PM To: Glenn Hartmann Cc: Tim Bagley Subject: Cardillo Building Permit Mr. Hartmann, We have received notification that Frances Cardillo (owner of the property located at 100 Cedar Drive, Silt, CO) has applied for a building permit for an existing residential accessory dwelling unit on her property. This existing unit was built in the second story of large barn/garage approximately 14 years ago and has been steadily occupied (either by Angelo Cardillo, who owned the property from approximately 1998 to 2002 or tenants) since then. We assumed that Mr. Cardillo had followed the proper process when building and renting this unit but were very concerned to learn that this was not the case. We believe that the Cardillos should not be allowed a building permit after the fact (many years after the fact!) and should not be permitted to retain the accessory dwelling unit. We understand that they will be required to bring the unit up to Garfield County building codes, but why should they be allowed to continuewhat to benefit from something they have done against regulations? Will they be reimbursing Garfield County for the lost property taxes on that unit for the last 14 years? If they are allowed to keep the unit and continue to earn additional income from it, what is stopping any of us from just taking our chances - what would stop anyone in the county with over 5 acres to put up an agricultural building and then developing the inside of the building with no one's knowledge?? A person can operate this way for 10, 15, or 20 years and then maybe make things right IF we get caught? This sets a dangerous precedent for other residents of Garfield County. What kind of message does that send? Another reason to deny the application is because the additional unit is in a much larger structure, there is no real way to stop the property owner from using the building for two or more additional dwelling units without the county's knowledge. How will you monitor this? It would be much different if the accessory dwelling unit was one building defined by four walls but it's not! Mr. Cardillo controls the property and has already proven himself untrustworthy and willing to ignore the county regulations (and again, avoiding paying the proper fees and property taxes due to the county) - that alone should be enough to deny the building permit. We are unable to have a conversation with Mr. Cardillo about anything without the threat of violence (most recently, the threat was to shove something up my ass), which further indicates what kind of person he is - the kind that respects neither other people or proper processes and procedures. Has he threatened violence to other neighbors if they disagree with his plan? In addition, we have some serious concerns about our water supply if this permit for an accessory dwelling unit is allowed. We have seen the reports indicating that the existing well on the property will support an accessory dwelling unit but we believe there will be an impact on our water supply. As you know, Silt Mesa has a limited water supply especially in drought years such as this. Many people on Silt Mesa have to haul their own additional water. We are on the edge of having to haul our own water to supplement our well. Our well is very close to the Cardillos property, and since the most recent set of tenants have moved (a few months ago), we have noticed that our water supply has increased. Our biggest concern is that if they continue to have an additional household (with any number of tenants), we fear it will have in impact our water supply again, and we will have to start hauling water to supplement our well. It's quite possible that if there well uses more water at a lower level, less water will be available for our well which is at a slightly higher elevation. The more water they use, the less water we will have. It is important they be limited to one household with NO accessory dwelling unit. Please feel free to call me at 970-309-2997(Tim) to discuss this situation. 1 would Iike to speak with you before the decision is made, and I would like to be notified of the decision that is made. Thank you, Tim and Karla Bagley 693 County Road 266 Silt, CO 81652 **Please note that my last name and email address have changed and update your records. Thank you! ** Karla J. (Herridge) Bagley Chief Deputy Public Trustee Eagle County PO Box 1229 Eagle, CO 81631 970-328-8863 2 Glenn Hartmann From: Wyatt Keesbery Sent: Monday, June 18, 2012 2:21 PM To: Glenn Hartmann Subject: Cardillo Accessory dwelling unit Road and Bridge has no issues with this going forward WyattICeesbery Garfield County Road & Bridge 0298 CR 333A Rifle, Co. 81650 Office- 970-625-8601 Fax- 970-625-8627 Cell- 970-309-6073 1 Glenn Hartmann From: Orrin Moon [orrin.moon@burningmountainsfire.org] Sent: Wednesday, June 27, 2012 4:46 PM To: Glenn Hartmann Cc: 'Brit McLin' Subject: Cardillo Accessory Dwelling Unit. Glen: I have reviewed the referral and made a site visit to the Cardillo Accessory Dwelling unit, File Number GAPA-7216 located at 100 Cedar Drive in Silt. I have only one request/ requirement for the applicant for approval of the ADU. The residence and the proposed ADU are behind a electric gate to which we do not have access to in case of an emergency without removing two pins and manually opening the gate. I have talked to Angelo Cardillo and he has agreed to install a Knox Box(Key Box) below a future key pad that is used to open the gate from the driveway. All other access is acceptable to BMFPD. Please contact me with any questions. Thank you, Orrin D. Moon Hre Marshal/Battalion Mel Burning Mountains Fire Protection District 775 Castle Valley Blvd. New Castle, CO 81647 970.984-3213 orrin,moon@burningmountainslre.or4 June 27, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Cardillo Accessory Dwelling Unit: GAPA-7216 Dear Glenn: This office has performed a review of the documents provided for the General Administrative Permit Application for the Cardillo Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The following comments were generated: • The Applicant requests a general waiver from the requirements of the road standards. The application materials are silent to any specific deficiencies of the existing road compared to the requirements of the ULUR. Specific items that are not in compliance should be identified. • The Applicant has provided a report that evaluates the existing ISDS and shows that it is adequate (save for one setback requirement.) The application materials seem to suggest that the ISDS for the ADU was not permitted. If this is the case, the Applicant should obtain an ISDS permit from Garfield County. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE Glenn Hartmann From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Tuesday, June 19, 2012 3:55 PM To: Glenn Hartmann Cc: Krause, Ben; Martellaro, Alan Subject: Cardillo Accessory Dwelling Unit Comments from DWR Mr. Hartmann, This office has reviewed the above referenced proposal to add an additional dwelling unit to Lot 61 of the Antlers Orchard Development. The applicant proposes to use an existing well to supply water to both the main residence and the ADU. Sewage is through an individual septic system. Permit no. 75856-F was issued on February 8, 2012 for an existing well on Lot 61 on the Antlers Orchard Development. Its uses are limit to ordinary household purposes inside ane single family dwelling and one accessory dwelling unit, the irrigation of not more than 5,000 square feet of irrigation, and the watering of 7 head of domestic animals. The average annual amount to be appropriated shall not exceed 1.154 AF. This permit operates pursuant to the Silt Mesa Augmentation Plan and a contract with the West Divide Water Conservancy District. So long as the applicant abides by the conditions on the permit this office has no objections to this application. If you or the applicant have any questions please contact me in this office. Sincerely, Karlyn Adams, E.I.T. Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 1 Garfield County Glenn Hartmann Garfield County Building & Planning Department GAPA-7216 RE: Cardillo ADU Dear Glenn, I have no comments on this one. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager Vegetation Management June 26, 2012 0298 County Road 333A Rifle, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627 REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 Date Sent: 6/7/12 Return Requested: 6/27/12 File Number/Name(s) Project Name(s) Type of Application(s) GAPA-7216 Cardillo Accessory Dwelling Unit General Administrative Permit Staff Planner: Glenn Hartmann Phone: 970-945-8212 Applicant: Frances Cardillo Phone: na Contact Person: Angelo Cardillo Phone: 970-989-0444 Location: 100, Cedar Drive, Silt, CO 81652 Summary of Request: Application requests approval for an existing accessory dwelling unit (ADU) located on the property. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate ' them into the Staff Report, we request your response by Wednesday, June 27, 2012. GARFIELD COUNTY Office or Division OTHER Number or llelail Road & Bridge (Wyatt Keesbery) l (paper) Engineering (Chris Hak) I (impel ) Attorney Previously Referred 1IOA Housing Planning Commission na Sheriff's Dept. Board of County Commissioners na Vegetation Manager 1 NCounty Environmental Health I Oil and Gas Public COLORADO STATE LOCAL/FED GOVT ENTITIES `_- IYYater Resources / State Fnvinerr 1 Towns na Geological Survey (Fee) County— Eagle/Mesa/RioBlanco/Pitkin Department of Transportation Bureau of Land Management Water Conservancy Board US Forest Service Mined Land Reclamation Board U.S. Army Corps of Engineers Health Department - CDPHE Forest Service (Fee) Wildlife Division (GWS OR G3 Office) DISTRICTS/SERVICES ILS West 4Public Service - Xcel I Holy Cross Electric ' AT&T �r� �� fj Q�1Y1'11r l VV e) tl}'ou School District— RE -1, RE -2, 16 JFire District — Burning Mountain I ktt!d i V+ .50 Soil Conservation District Water/Sanitation RFTA June 1, 2012 Angelo Cardillo P.O. Box 261 Silt, CO 81652 BUILDING & PLANNING DEPARTMENT RE: Completeness Review Cardillo Accessory Dwelling Unit (File GAPA-7216) Dear Angelo: This completeness letter is in regard to the Frances Cardillo Application for a General Administrative Permit for an Accessory Dwelling Unit (ADU) on the property located at 100 Cedar Drive, Silt, Colorado. Thank you for the supplemental material you have provided in response to the Staff's completeness review. Your Application is being processed in accordance with Section 4-104 Administrative Review Process of the Garfield County Unified Land Use Resolution of 2008 as amended (ULUR). This letter is to inform you that as of this date, June 1, 2012, your application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the ULUR or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Building and Planning Department will render a decision has been set for June 28, 2012. As a matter of process, public notice at least 15 days prior to the Director's Decision is required by written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200 ft. radius and the mineral owners of record in the office of the County Clerk and Recorder. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Building and Planning Department prior to the Director's Decision. Please review the following notice requirements from Section 4-104. Notice to Adjacent Property Owners. At least 15 calendar days prior to the date of the Director's decision, the applicant shall mail the written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, the contact information and the date that the Director has to make a decision. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 I have enclosed an appropriate notice for the Director's Decision as noted above, for your convenience. This document is provided to you as a courtesy. The Applicant must verify that all information in the notice is correct and attach or insert the legal description and vicinity map. It shall be the obligation of the Applicant to correct any deficiencies in the public notice such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Your Application has been determined to be complete on June 1, 2012. 2. Extra copies of the Application provided and referrals sent out to the referral agencies for comment by June 6, 2012. 3. Public Notice must be mailed by the Applicant by June 13, 2012. 4. Referral Comments due back by June 27, 2012. 5. Applicant will provide the proof of mailing (including return receipts) by June 28, 2012. 6. On June 28, 2012, the Director of the Building and Planning Department will render a Decision to approve, approve with conditions or deny the application. 7. The Board of County Commissioners will be provided notice of the Director's decision and have 10 days to review the application and request a public hearing. 8. The Applicant and Adjacent property owners also have a 10 day period to request reconsideration of the decision and a public hearing. 9. If the "call up" and reconsideration time period expires without a request for a hearing, the Land Use Change permit will be prepared for presentation to the Director for signature and recording. Please note that we will need 8 additional copies of the application materials and any supplemental submissions. Six of the copies can be digital copies on CD's and should be provided in a .pdf format and separated into sections identical to the hard copy. These copies are required for distribution to referral agencies. The extra copies need to be provided by June 6, 2012. Please contact me if you have any questions regarding the scheduling and the public notice requirements. Sincerely, Glenn Hartmann Senior Planner Enclosure: Public notice form 2 PUBLIC NOTICE TAKE NOTICE that Frances Cardillo has applied to the Building and Planning Director, Garfield County, State of Colorado, to request a General Administrative Permit for a Land Use Change to allow an Accessory Dwelling unit on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: LEGAL DESCRIPTION TO BE INSERTED OR ATTACHED BY THE APPLICANT Practical Description: 100 Cedar Drive, Silt, CO 81652, located approximately 21/2 miles north of the Town of Silt. Description of Request: The Applicant is requesting approval for an Accessory Dwelling Unit on their 5.2 acre property. The Accessory Dwelling Unit currently exists within an accessory/barn structure on the property. The Accessory Unit is approximately 960 sq.% in size. Existing access and services are in place for the Accessory Dwelling Unit. The property is zoned Rural. Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Review for an Accessory Dwelling Unit are invited to comment regarding the application. You may state your views by letter or you may call the Building and Planning Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Building and Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on June 28, 2012. Any comments to be considered must be received prior to that date. Building and Planning Department Garfield County LEGAL DESCRINION A tract of land la the 9E1/4 of Section 26, Township 5 Southe range ,92 West of the eeh 11,41., alga lung Tract 61, Amended Antlers Cr rd Deve1o»G4ei1t Tract as recorded in the office of the Crtield County Clerk and Recorders Office recorded on February .19, 1997 an Booth 1049 at Page 597 as Reception lIa. 5504765; COUNTY OF OARFIRW SATE OP COLORADO WcRIITY MAP fttAiISMONIAMIT.RzeizooiNW''': • • ?a44;.tefif 4diref--7- Ar-lic,Avrommagantfw-rw-- RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant Frances Cardillo ,co 128 Beech ST Return Pirk NJ 11001 - Invoice Number: INV -4-12-21804 Invoice Date: 4111112 Pian Case: General Administrative, GAPA-4-12-7216 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Cardillo ADU Fee Name Fee Type Fee Amount General Administrative Fee Fixed $250.00 Total Fees Due: $250.00 Date Pay Type Check Number 04/1112012 Check 646 Amount Paid $250.00 Change $0.00 LTotal Paid: $250.00 Totals Due: $0.001 ANGELO J CARDILLO 0509 100 CEDAR DR SILT, CO 81652 Pay to the Order of 646 82-788313021 Date allays eie WESTERN ROCK E -' FEDERAL CREDIT UN ro 142 West 3rd Street; Rifle, CO 8165Q For..AdikIGd 1:302066321:05002? 3.00" 0646 Wednesday, April 11, 2012 Board of County Commissioners — Public Hearing Exhibits Cardillo Accessory Dwelling Unit - Frances Cardillo Property Owner General Administrative Review Call -Up to the Board of County Commissioners August 20, 2012 (File GAPA-7216) Exhibit Letter (A to Z) Exhibit Description A Proof of Publication B Return Receipts from Mailing Notice C Garfield County Unified Land Use Resolution of 2008, as amended D Garfield County Comprehensive Plan of 2030 E Application Supplemental Staff Memo 8/13/12 F G Staff Report Staff Presentation H I Director's Decision Letter J Referral Comments from Garfield County Consulting Engineer K Referral Comments from Garfield County Road and Bridge Department Referral Comments from Garfield County Vegetation Manager L M Referral Comments from Colorado Division of Water Resources N Referral Comments from Burning Mountain Fire Protection District 0 Public Comment Letter from Tim and Karla Bagley P Public Comment Letter from Jimmy and Nita Smith Q Public Comment Letter from Vivian Chamberlain R Public Comment Letter from Diane and Ted Tilley S Frances Cardillo Letter T Angelo and Joni Cardillo Letter U Public Comment Letter from Blake Timmer V Public Comment Letter from Hector Ortiz W Neighboring Property Ownership Map submitted by the Applicant X Supplemental Photographs of the Site Y Z Fri, Jul 13, 2012 8154933 Acct: 1008693 Phone: (970)945-8212 E -Mail: Client: Caller: Glenn Hartmann 15:24:10 Ad Ticket #5 Name: Garfield County Building Address: 108 8th Street -- Ste 401 City: Glenwood Springs Receipt State: CO Zip: 81601 EXHIBIT Ad Name: 8154933A Editions: 8CT1 Start: 07119112 Color: Copyline: 8154933 Cardillo ADU BOCC Lines: 101 Depth: 8.44 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 51.11 Payment 0,00 Original Id: 0 Class: 0990 Stop: 07119/12 Issue 1 Rep: PI Legals rue NOME ".."71031 --W..Nox.aa-�-Mmuyyn. , p �Y. 4°4 rare. m�wr.�a r REIRETZE S:E suamnienromak,wr Ad shown is not actual print size Ad ID 8154933 Date 07/13/2012 PUBLIC NOTICE TAKE NOTICE that the Building and Planning Di- rector, Garfield County, State of Colorado, has called -up to the Board of County Commissioners consideration of the Frances Cardillo application requesting a General Administrative Permit for a Land Use Change to allow an Accessory Dwelling Unit and a Waiver from the Roadway Standards contained in Section 7-307 of the Unitied Land Use Resolution of 2008 as Amended {ULUR), and the Board of County Commissioners have scheduled a public hearing for said consideration, on property situated in the County al Garfield, State of Colo- rado; to -wit: Leoat Description' (LEGAL DESCRIPTION A tract of land in the 5E114 of Section 26, Town- ship 5 South, Range 92 West of the 6th P.M., also being Tract 61, amended Antlers Orchard Devel- opment Tract as recorded in the office of the Gar- field County Clerk and Recorders Office recorded on February 19, 1997 in Book 1009 at Page 597 as Reception No. 504765. COUNTY OF GARFIELD STATE OF COLORADO Practical Description' 100 Cedar Drive, Sift, CO 81652, located approximately 21a mites north of the Town of Silt. Description of Request:The Applicant is requesting approval for an Accessory Dwelling Unit on their 5.2 acre properly. The Accessory Dwelling Unit currently exists within an accessoryrbarn structure on the property. The Accessory Unit is approxi- mately 960 sq.ft. in size. Existing access and ser- vices are In place for the Accessory Dwelling Unit, The Applicant has also requested a Waiver from the Roadway Standards contained in Section 7-307 of the ULUR. The properly is zoned Rural. All persons affected by the proposed Administra- tive Review for an Accessory Dwelling Unit and Calf -Up for review by the Board of County Com- missioners are invited to appear end state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the com- ments of surrounding properly owners, and others affected, in deciding whether to approve, approve with conditions or deny the application request. The Application may be reviewed at the office of the Garfield County Building and Planning Depart- ment located at 108 8th Street, 41h Floor, Suite 401, Garlield County Plaza Building, Glenwood Springs, Colorado between the hours of 6:30 a.m. and 5;00 p.m„ Monday through Friday. A public hearing on the Application has been scheduled for August 20, 2012 511:00 p.m. in the County Commissioners Meeting Room, Garfield County Plaza Building 108 Bth Street, Glenwood Springs, Colorado. Building and Planning Department Garfield County Published in the Citizen Telegram July 19, 2012. (8154933) Ad shown is not actual print size Time 13:23 PM ru ru a-' Ln ✓ a ru 0 CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) olkin visit our wets/ to al. wW W,usp Poole °Hided R rP O fletum Ready, Fee O IEnGvrxmere Reamed Peit0Ctae Dellwry Foo �- N (Fnm r r Regwmal ^ t 0 - mi Taal Roane& Fees $ 35.75 WflsV2D12 Timothly Bagley e7 a 00or 693 CR 266 "''L°'"` Silt, CO 81652 PS Tarn 1000.. rumeet�006, Sae R010100ler lnskucere n U.S. Postal Services• CERTIFIED MAIL RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery mtgrmation vise1 Our webstee m vrr.^e'.usPe•e° ICq AL Fr.SE Ration Recaps Fee (Endorsement RagWmo) RD.tt,etlt]00ver0Fee (Fsra0itomm� Reqult009 30,77 Theodore & Diane, Tilley 51 Cedar Circle tirPD Soo No. Cot. sos, L W Silt, CO 81652 ru E re Er r1 ra 0 4090 0001 0▪ - ru 0 0 0 C▪ 3 m M1 CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery lnlarnatien vlsti our web0ile at www.uses.com, ISI C L U S E Postage Cerlfled Fos. Return Recelpt Fee (Factoserlent%Wide1 Reeineed Delhery Fee {Eadomemcnr Aoqulroy Total Postage & Fees Seal rc •0100 Xis -10 Crta rysmAa2lP.a 59.45 32.95 32.M 30.01 $5.75 —77 a1aarear a-, N sm Here So ,5 07/19. Blake & Kelly Timmer 597 CR 266 Silt, CO 81652 PS Form 3000. Au wit 2006 See Ramat la lnetruceons U.S. Postal Servicers., CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Se CRP CIA UAZ., ail )12 Pealepe Carded Foo Paten Recogt Fee {Ensom00enTRogined) 1°„°:.1',1.'„0=1,0%; Tate! Posleg0 & Fess de.Z $2.95 62.35 i0.do U545 O:/19/M2 '° '° Jimmy & Nita Smith 0101 Cedar Dr r wPo oar aia ▪ SIENC403,4 Silt, CO 81652 P5.. Form 1S00. August 20014 So Raver. rloI Inewmionc lul 1.11 00 ori 0 r0 Ct0 0 0 m A -13 m d3 ri ru 0 ra 0 Er0 0 m 0 e- M1 CERTIFIED MAIL. ,, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information viol0 our wabslte at www.usps.eam,. Taw Pomp it Fete 'dea r Raymond & Stacy Bumgardner wNOINO'�.-... 565 CR 266 Stu Silt, CO 81652 12.5 02-35 $ 55.75 67. PS ra,m 3aen, meq :NE Sac RO50,00 iOrInntructlan U.S. Postai Services, CERTIFIED MAIL:., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information vlsll aur we65110 as www.uep5.eom.. g. A IL U S E Postage sanded Foe Hatum 8,00101 Foe IEodonemere Required} Raevloed. Dewar/Fns (Endwvmemt(equwa) Total Portage & Fees 00.45 09.00Ci $' TSS.i}rl ti &r, Calvin WhitmanSip s M1 orPrOlb¢No. 4715 CR 233 Rifle, CO 81650-8747 0001 0215 9583 0- p Tote) Postage l Fees PS Earn 3000, August 2005 Seede00010 larded li U.S. Postal Service ,r CERTIFIED MAIL, RECEIPT (Domestic Mail Orgy; No Insurance Coverage Provided) Fordellvary Information 1151.1 our webslle et Www.utpOcare., sVP126C^1?,L USE Paddle CanIll01F0e Return Rocelnt Fad 100010110111011111100) Pear0en Dammn')' FCC (Enoreamere Faulted/ / m 0 r0 0 a s%0el.1yi Tia, i. rvPDBox No. 300 Orchard Ave Margaret Becker -Simms 1.5 Farm 3000. 10 11 Silt, CO 81652 5662 7038 CERTIFIED MAIL., RECEIPT (Domestic Maii Only: No Insurance Coverage Provided) Far dalve,y I01Ormeticn visit our webolte at ieRIP sl iF 4'11 tii L_ Cal9Hed Fee riJ p Palma H 0ui 4 [E1Owa asenl Required 0 Restricted20010ryFee (C1ooleernenl Required 0 Ian Fdrmoe&coag $ $51175 �PlZ fiifiH2. � Paul Bagley snnot.Apc No:., M1 a Fasmr0 M 0215 9538 3090 0001 0 e - 0 fly, sorra ZPea to 1073 CB 260 Silt, CO 81652 PR Form 2000, August 2000 See R./meta, I1IaloLOkma U.S. Postal Service CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery 1nlomuilldn visit our website at www.uaps.00m..- 102 L USE PesT000 Cerra: Fire (F1r1011wmenl RtlO 9111100) Hoarded DePoly Fan (E001000 em Fsgoes:}. s 36.45 0z.mj 64.E TOW Powagel Farm. $ 9-75 \1 � ▪ P00e0 � Hiat a J 01 n a a Frances Cardllo ar PO Har Na 128 Beech St wryer Floral Park, NY 11001 5 Fans 3500. Auquel 20 a: Sen ficvgme lar IOwrertiwas U.S- Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For *silvery information Walt our website at www.r. Postage canine,/12 0 Return Remo Fee 0 (Endorsement Haqum2j 900111ed Dellue,y Fee o (Endorsement Required re mTotal Palette S Foss 0 0 20,130. Hicks, David & Connie Family ;:--_---Partnership LLLP orPOBlue t 2520 5 Grand Ave #104 PS Farm 390-1, AtmGlenwood Springs, CO 81601 laGarfield County BUILDING & PLANNING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: August 13, 2012 SUBJECT: Director's Call-up - Frances Cardillo Accessory Dwelling Unit Administrative Permit Review (File GAPA-7216) Supplemental Staff Report EXHIBIT I. BACKGROUND On June 29, 2012, Fred Jarman, Director of the Building and Planning Department issued a Director's Determination for a Call -Up to the Board of County Commissioners of the Frances Cardillo General Administrative Application for a Land Use Change Permit for an Accessory Dwelling Unit. At a public meeting held on July 9th, the Board of County Commissioners set a public hearing for consideration of this application and call-up request for August 20, 2012. Public notice for the hearing has been completed in accordance with the Unified Land Use Resolution of 2008, as amended. Public notice included publication and mailing to adjoining property owners within 200 ft. (and mineral rights owners on the site), a minimum of 30 days prior to the hearing. Public comment letters have been received since the Staff Report was prepared. They are included as exhibits in the Board's Packet in addition to comments previously received. The following information is included in your packet for your consideration of this call-up request. • Director's Determination Letter • Staff Report (including information on the Application) • Referral Comments • Public Comments • Copy of the Application Submittal II. SUPPLEMENTAL STAFF ANALYSIS INCLUDING ROADWAY STANDARDS The Applicant has requested a waiver from the Roadway Standards contained in Section 7-307 of the Unified Land Use Resolution of 2008, as amended (ULUR) which requires review by the Board of County Commissioners. The following additional staff comments more specifically address the roadway — driveway issue. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 A. The Burning Mountain Fire Protection District has reviewed the application and provided referral comments. Their comments requested provision of a key box (knox box) at the Applicant's gate. The District indicated that the access "is acceptable to BMFPD" B. Staff has followed up with the County's Consulting Engineer (Chris Hale, Mountain Cross Engineering) regarding the areas where the current driveway does not meet the County's Standards as summarized in the table below. An excerpt from the ULUR containing the Roadway Standards is also attached with this memo. Chris is available if needed to provide additional review. SUMMARY TABLE ON ROAD STANDARDS Roadway Standards Subdivision Access Road Cardillo On -Site Driveway Lane width Partially Compliant Compliant Ditch/Shoulder Dimension Partially Compliant Partially Compliant Right-of-way Width Not Compliant NA (on site) Road Category Semi - Primitive Primitive C. The Applicant's lot was created by a Boundary Line Adjustment approved as an Amended Final Plat for Portions of Tracts 46, 51, 52, 61, and 62 Antlers Orchard Development Company Plat No. 1. The Boundary Line Adjustment was approved in November of 1996 and reflects the existing 30 ft. wide easement which contains the existing private road serving the Applicant's lot and surrounding properties. III. Board Options for Action on the Request With a call-up request the Board's consideration includes not only the waiver request regarding roadway standards but the overall request and related concerns. Options for the Board consistent with those presented in the original Staff Report are outlined as follows: Option 1: Approve the General Administrative Permit request with conditions as contained in the staff memo. Condition #10 as drafted requires compliance with the Roadway Standards and would in effect deny the waiver request. Option #2: Approve the General Administrative Permit Request with Conditions as contained in the Staff memo and include approval for a waiver from the roadway Standards in Section 7-307 of the ULUR to allow the existing access roadway as constructed and in place to serve the proposed Accessory Dwelling Unit. This would require replacing draft Condition #10 in the Staff report with a waiver approval (sample language is provided below) Amended Condition #10: The Applicant's request for a waiver from the Roadway Standards contained in Section 7-307 of the ULUR is approved allowing the private roadway and Cardillo driveway to serve the property including the proposed ADU as existing and in place. Option #3: Denial of the Application based on lack of compliance with the ULUR Roadway Standards in Section 7-307 and other concerns as may be noted during the public hearing. SECTION 1-307 ROADWAY STANDARDS. A. General Road Design and Arrangement. 1, Subdrvisron Access, Access to all subdivisions shall be from a public street system. 2. Requirement for Roadway lnfresinictwra. Roadways, curbs and gutters, and sidewalks shall be provided as required by the following standards: CldlSeal Chi !Seal 3. C rculatian and Alignment The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to pubic highways serving the development, Roads shall be designed so that alignments will join in a logical manner and EXHIBIT Cardillo ADU GAPA-7216 June 28, 2012 (edited 7/2/12) PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) Frances Cardillo Angelo Cardillo 100 Cedar Ln. located off of County Road 266, approximately 21/2 miles north of the Town of Silt Section 26, T5S, R92W of the 6th P.M. (Assessor's Parcel #2127-264-00-054) Approximately 5.2 acres Rural DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on their 5.2 acre property. The Accessory Dwelling Unit currently exists within an accessory/barn structure on the property. The Accessory Unit is approximately 960 sq.ft. in size. Existing access and services are in place for the Accessory Dwelling Unit. The existing unit has been inspected by the Garfield County Building Department and compliance with the Building Code will be required. Certain modifications, inspections, and engineering certifications will likely be required. The unit is located on the upper level of the barn and occupies only a portion of that level. The remainder of that floor is in use for storage. The lower level of the barn is used for agricultural purposes including horse stalls and tack storage. The unit currently exists and has existing utility services. It has a separate ISDS for wastewater, utilizes a shared well for water, and underground electric. Natural gas service exists for the main house but is not extended to the ADU. The site is improved with driveways, parking areas, agricultural facilities (fences, corrals, grazing areas) and irrigation ditches. The property slopes up to the west from the low point of the on-site driveway and generally has moderate slopes. Access to the site is via a 15 — 16 ft. wide gravel driveway located in a 30 ft. access easement. The access comes off of County Road 266. The access does not meet the minimum roadway standards contained in Section 7-307 of the ULUR for a 40 ft. easement or right-of-way and is at or just below the minimum width of 16 ft, (two 8 ft. lanes). Some variation from the required ditch and shoulder requirements also is evident depending on the section of the driveway. VICINITY MAP Cardillo Site II. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-501 of the ULUR, designate Accessory Dwelling Units within the Rural Zone District as requiring Administrative Review. B. Section 4-104 of the ULUR sets forth the Administrative Review Procedures. All procedural requirements have been met, including the notice requirement to adjacent property owners within 200 ft. The Applicant has provided proof of mailing by submitting certified return receipts for the notice. C. Section 7-801 of the ULUR sets forth Additional Standards Applicable to an Accessory Dwelling Unit as shown below: 2 SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The gross floor area for residential occupancy shall not exceed 1500 square feet. B. Compliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner's Association, as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. D. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than two (2) acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. III. PUBLIC AND REFERRAL COMMENTS The Applicant has completed notice mailings to adjacent property owners as required for the ULUR. Public comments and referral comments received on the Application are attached as Exhibits and summarized as follows: A. Garfield County Road and Bridge: Had no issues with the Application moving forward. B. County Vegetation Manager: Had no comments. C. Burning Mountain Fire Protection District: The District had one request for a key box to allow access through the Applicant's gate. Their comments indicated that the Applicant had agreed with their request. D. Garfield County Consulting Engineer: Noted the need additional details on the road waiver request and for ISDS permitting from the County. E. Colorado Division of Water Resources: The Division has provided comments noting the Applicant's well permits and contracts with the West Divide Water Conservancy District. They indicate that "so long as the Applicant abides by the condition on the permit" they have no objection to the Application. F. Garfield County Environmental Health Manager: Did not provide comments. Issues associated with the septic system will be addressed by the Building Department and conditions of approval. Review by the Building Department has noted concerns regarding 3 the nonconforming setback between the existing leach field and the ADU/Barn Structure. G. Public Service — Xcel Energy: No comments from this utility were received. Issues with electrical service will be dealt with by the State Electrical Inspector. H. Comments from Adjoining Property Owners. Written comments from Tim and Karla Bagley are attached. Other verbal comments were received noting concerns regarding rental units and RV usage. DETAILED SITE PLAN SITE PLAN A Parcel of Lund Situate in the SWI/4 56.114 Section 267bufaship 5 South, Range 92 WM of the 6th P.M., comity of Oarfetd, State c f Colorndo 5y � IV. COMPREHENSIVE PLAN The Cardillo Property is designated as Residential Medium High — RMH (2 to < 6 Acres/DU) in the Garfield County Comprehensive Plan 2030. Excerpts from the Plan including the Future Land Use Map are included below. The Cardillo proposal for two dwelling units on their 5 acre parcel results in an effective density of approximately 1 unit per 2.5 acres. With the majority of the Cardillo Property maintained in an open condition in agricultural or grazing uses the density appears to be just within the Comprehensive Plans guidelines. 4 COMPREHENSIVE PLAN FUTURE LAND USE MAP Cardillo Site FUTURE LAND USE MAP DESIGNATIONS • Brown indicates Res MH (Residential Medium — High). • Yellow indicates Res M (Residential Medium) • White is Open Space/public Lands. • Red Boundary — Silt and Rifle Urban Area of Influence LAND WE DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Medium 1sigh fR�ulFl} Small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition: 0% open land = 1 du per -fi acres 50% open land - I du per 4 acres 70% open land = 1 du per 2 acres RuraI (R) Planned Unit Development (POD) nensiry of residential uses; } du per 2 to ,6 acres V. STAFF ANALYSIS A. The Applicant has provided detailed documentation from their Engineer demonstrating an adequate supply of domestic water both in terms of quantity and quality. The report does include a recommendation for disinfection of a water storage tank that under initial testing indicated some issues with bacteria. B. The Engineer's report addresses the legal supply of water consistent with the referral comments from the Division of Water Resources. A new well permit from the Division of Water Resources approved for a single family dwelling, an ADU and some agricultural uses was submitted as part of the Application. The new permit is based on a contract with the West Divide Water Conservancy District. C. The Application includes a detailed engineering report on the existing ISDS serving the ADU including an engineer's opinion that the system "will function in a manner that exceeds minimum design standards." The report does include a recommendation that a Tee be installed in the tank outfall. County permitting of the system will be required and modification to the nonconforming setback for the leach field may also be required. D. The Applicant has requested a waiver from the roadway standards contained in Section 7-307 of the ULUR. Consideration of such a waiver will require a cal! -up to the Board of County Commissioners. Areas of inconsistency include easement width, some sections of ditch/shoulder, and some sections of driving lane width. E. At the time of building permit application the Applicant should be required to comply with all standard county requirements related to building code, utility services or upgrades, and site management. F. A waiver for the requirement for topographic mapping for the site is acceptable based on the existing condition of the lot, moderate slopes and the location of the existing ADU. G. The ADU Application reflects compliance with the supplemental ULUR standards for ADU's found in Section 7-801 including but not limited to ownership restrictions and size limits. The Applicant has represented that there are no covenants on the site and no homeowners association. H. The Applicants have provided general information on the property indicating a lack of hazardous or unique conditions that would impact the proposed ADU or the ability to construct the additional dwelling unit. I. The ADU only occupies 960 sq.ft. of the upper level of the barn. A condition of approval should specifically limit the size of the unit as represented in the Application. The remainder of the floor area may be utilized for storage or other agricultural or accessory uses. 6 ADU FLOOR PLAN in UNE= MaiMpg! ail we_ rMINE•rire um!. ... -- =MP Iplikilphlarlill Nui -.ma. m• is EN MEI 10...mumnimmulatimirommi riAllirilimpopmEmilpi Fililirlibilliiiiirelle ME 1 NI ' MEMIENFI 'NM KM ,I 121111141 MOWN' 1011"MMI AN MI IN MINMEarelyi 111111/Mil 'AMIN Iliiiirna11111' nallifiellinE MN lIMMENENSens IIMERLIIMEEFfillift Bill NM 11100.111MIN 111111111M ma , i• now am Er , mu III ISWAIMIALL .1111111M11 r.r..4.. imam r. I r-ed1 EL r . MEM NE= MN INEMIIMII us mig EMI II M =UV .X:filirdija Ir. MIMI ME 01111171111111" All.1019112011111 MIIMPLIMMINEME kallii \ _San IIMTIVAIRin IIIMILEAll NIEMIUI lib labrriEllklallialMIN E. OPE roll.mn .arkarimmum MP ' ".. "I )- : I. I -F VI. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends that the Cardillo Application for a General Administrative Land Use Change Permit be called up by the Director for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the waiver request from the roadway standards contained in Section 7-307 of the ULUR and will allow further consideration of compatibility issues raised by adjacent property owners. 7 Other Options for the Director to consider include the following: Option 2: Denial of the Cardillo General Administrative Land Use Change Permit based on failure to demonstrate compliance with the Roadway Standards contained in Section 7- 307 of the ULUR. Pursuant to Section 7-104(B)(1) the Applicant may request reconsideration and call-up of the Director's Decision. Option 3: Approval of the Cardillo General Administrative Land Use Change Permit subject to the following conditions including a requirement that the Applicant comply with the Roadway Standards contained in Section 7-307 of the ULUR unless the Board of County Commissioners grants a waiver to said standards. 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless modified by the Director Decision. 2. The existing Individual Septic Disposal System fortheAccessory Dwelling Unit shall be reviewed by the Garfield County Building Department and properly permitted. Any modifications or documentation required by the Department including but not limited to relocation of the leach field to comply with all setback requirements, shall be implemented or provided prior to issuance of a certificate of occupancy for the ADU. In accordance with the Applicant's Engineer's recommendation a "Tee" shall be installed at the tank outfall prior to issuance of a certificate of occupancy. 3. The Applicant shall maintain a contract with the West Divide Water Conservancy District as necessary to stay in compliance with the well permit issued by the Colorado Division of Water Resources that allows the ADU to be served by the existing well. 4. The Applicant shall disinfect the water storage tank in accordance with their Engineer's recommendation prior to issuance of a certificate of occupancy and periodically thereafter. 5. The proposed ADU shall maintain compliance with all Additional Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not limited to ownership restrictions and compliance with all Garfield County Building Code Requirements. The ADU shall be limited to 960 sq.ft. consistent with the Application submittals with no expansion permitted including into the balance of the upper floor area. 6. The Applicant shall update the site plan and designate two parking spaces for the ADU. 7. The Applicant shall comply with all Garfield County Building Code Requirements and shall provide the County's Building Inspectors adequate access to the ADU to confirm to their satisfaction that the construction meets the Code. Compliance with other code requirements including the State Electrical Code shall be required with evidence of approval from the State Electrical Inspector provided prior to issuance of a certificate of occupancy. 8 8. The Applicant's request for waiver from submittal requirements related to topographic mapping for the entire site is acceptable. 9. The Applicant shall comply with the County regulations limiting occupancy of Recreation Vehicles on private property. 10. The Roadway Standards contained in Section 7-307 are applicable to this permit request. The Applicant shall upgrade the access road to the site to meet the County Roadway Standards contained in Section 7-307 unless a waiver request is approved by the Board of County Commissioners. 11. Prior to the issuance of certificate of occupancy for the ADU, the Applicant shall install a "knox box" per the Burning Mountain Fire Protection District specifications to facilitate emergency vehicle access to the site. 9 Views of the Site 10 11 Beginning of the Art-4-QQ frivewav Middle Section of the Access Driveway 12 Cardillo Accessory Dwelling Unit General Administrative Permit General Administrative Permit Call -Up and Review Garfield County Board of County Commissioners August 20, 2012 Applicant: Frances Cardillo tubbier m • c U Description of ADU Proposal • The Applicant is requesting approval for an existing Accessory Dwelling Unit • Unit size is approximately 960 sq.ft. • Lot size is 5.2 acre property. • The Accessory Dwelling Unit currently exists on the second level of an accessory/barn structure occupying a portion of that level. The remainder of that floor is in use for storage. • The lower level of the barn is used for agricultural purposes including horse stalls and tack storage. • Existing access and utility services are in place. • The unit has been inspected by the Garfield County Building Department and compliance with the Building Code will be required. Certain modifications, inspections, and engineering certifications will be required. • The unit has a separate ISDS for waste water. • A shared well properly permitted with the Colorado Division of Water Resources provides potable water for the unit. • Natural gas service exists for the main house but is not extended to the ADU. • The site is improved with driveways, parking areas, agricultural facilities (fences, corrals, grazing areas) and irrigation ditches. • The property slopes up to the west and generally has moderate slopes. • Access to the site is via a 15 —16 ft. wide gravel driveway located in a 30 ft. access easement. The access comes off of County Road 266. +-1 = 0 >'• CO ..I CU eC7) D 0 < co a_ 0 0 LL 0 .m.i.„ v044. , _ ..aus_.,=_ i NEW r i +- IL E. ;'':_ilil' - 11 _ ' .. _.._ ,, ' SWI itrifirmirM En MN 101 �jI1 MI,I4 ErM. a . Miii Minnair k -N-- 1 A __L- ._ Ea Ne � � i- - —1-----• 11 1 If II 1 w�� S f 5 ' __.. Ina , - c D V Z_ h._. 3" _ - - r- i*W • 11';11.:0 i1011 D 0 CU -1--i LI - 0 5 General Referral and Public Comments A. Garfield County Road and Bridge: Had no issues with the Application moving forward. B. County Vegetation Manager: Had no comments. C. Burning Mountain Fire Protection District: The District had one request for a key box to allow access through the Applicant's gate. Their comments indicated that the Applicant had agreed with their request. D. Garfield County Consulting Engineer: Noted the need additional details on the road waiver request and for ISDS permitting from the County. E. Colorado Division of Water Resources: The Division has provided comments noting the Applicant's well permits and contracts with the West Divide Water Conservancy District. They indicate that "so long as the Applicant abides by the condition on the permit" they have no objection to the Application. F. Garfield County Environmental Health Manager: Did not provide comments. Issues associated with the septic system will be addressed by the Building Department and conditions of approval. Review by the Building Department has noted concerns regarding the nonconforming setback between the existing leach field and the ADU/Barn Structure. G. Public Service — Xcel Energy: No comments from this utility were received. Issues with electrical service will be dealt with by the State Electrical Inspector. H. Comments from Adjoining Property Owners. Written comments from a number of neighboring property owners have been received expressing both concerns with the Application (compatibility & water/well impacts) and support for the proposal (compatibility & low impacts). Concerns regarding rental units and RV usage were also noted. Road Standards Compliance Summary The existing access does not meet the minimum roadway standards contained in Section 7-307 of the ULUR for a 40 ft. easement/right-of-way and is at or just below the minimum width of 16 ft. (two 8 ft. lanes). Some variation from the required ditch and shoulder requirements also is evident depending on the section of the driveway. The access roadway currently serves 3 — 5 lots/units and therefore is subject to the Semi - Primitive roadway standards. Roadway Standards Subdivision Access Road Cardillo On -Site Driveway Lane width Partially Compliant Compliant Ditch/Shoulder Dimension Partially Compliant Partially Compliant Right-of-way Width Not Compliant NA (on site) Road Category Semi - Primitive Primitive Roadway Access Road Waiver A. The Burning Mountain Fire Protection District has reviewed the application and provided referral comments. Their comments requested provision of a key box (knox box) at the Applicant's gate. The District indicated that the access "is acceptable to BMFPD" B. Staff has followed up with the County's Consulting Engineer (Chris Hale, Mountain Cross Engineering) regarding the areas where the current driveway does not meet the County's Standards as summarized in the table below. An excerpt from the ULUR containing the Roadway Standards is also attached with this memo. Chris is available if needed to provide additional review. C. The Applicant's lot was created by a Boundary Line Adjustment approved as an Amended Final Plat for Portions of Tracts 46, 51, 52, 61, and 62 Antlers Orchard Development Company Plat No. 1. The Boundary Line Adjustment was approved in November of 1996 and reflects the existing 30 ft. wide easement which contains the existing private road serving the Applicant's lot and surrounding properties. U LU R Roadway Standards Annum MI ST.f Nmeos 7-307 ROADUVAY STANDARDS SECTION 7407 ROADWAY STANDARDS. A. General Road Design and Arrangement. 1. S4, bihor Access. Access to all subdivisions shall be from a public street system. 2_ Requirement for Roadway fnafresfructi.re. Roadways, curls and gutters, and sideway shall be provided as required by the f011ewing standards: 1-9 2509 12' 10' 296 441-2504 50' +1'In Min 10' 2% tat raa 5. 201-400 30' 181-200 50' 21-T00 A0' =MIMI 2'Fntiln 61111:1112% 11112% C1diliss3%(Nev i tSeelGrave 2% 394 {3r�et 3% Gravel c.! rr:llig777, 11 - 20 30 Single Lame 12" 4' 5% Mono lo 00 30' 0' rife v,.oi"' :�-'��'r' r' 4:�i-<,i•r... '.-t • .. ^ix" Y.�-T..Yf:SY � •.��Y3.� M3' 'S.=c v~`.''�� 35 10p0 4a 35repin ;-185' ole as 149E ada 10% ata 50" nla 40'. T+:4.,e�, A�F Ta% said 10% x •�, ,, ;; r,f4 ,, z ka-;'..�"•, ., w�„ F.- ami' fir. Asphalt or • Chi •!Seal MO f Seal or Gtatirel Gravel ¢irevel Naive Matarlol Relevant Article VII Provisions ARTICLE VII STANDARDS 7-101 COMPWACE WITH ZONE DISTRLZT USE RESTRICTIONS This Miele sets forth the minimum standards for proposed land use changes, In the event that certain minimum standards may be either inappropriate or cannot he practically implemented, a 'involver from such standards may be considered, A written request for waiver from a specific standard should be included with the application package. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS These standards shall apply to all land use changes proposing two -unit and multi -unit dwellings, cernmeroiat and industriar use, and divisions of land not otherwise exempt from these Requlations. 4_, ocu Q 4 cL 4_, cn C0 Q. Q 4-1 L 01) Q 0 E/) • Q Q 0) 40 c 0 V) V) CU V V 4- 0 O 4J V a) v) (0 J Board Options and Conditions of Approval Option 1: Approve the General Administrative Permit request with conditions as contained in the staff memo. Condition #10 as drafted requires compliance with the Roadway Standards and would in effect deny the waiver request. Option #2: Approve the General Administrative Permit Request with Conditions as contained in the Staff memo and include approval for a waiver from the roadway Standards in Section 7-307 of the ULUR to allow the existing access roadway as constructed and in place to serve the proposed Accessory Dwelling Unit. This would require replacing draft Condition #10 in the Staff report with a waiver approval (sample language is provided below} Amended Condition #10: The Applicant's request for a waiver from the Roadway Standards contained in Section 7-307 of the ULUR is approved allowing the private roadway and Cardillo driveway to serve the property including the proposed ADU as existing and in place. Option #3: Denial of the Application based on lack of compliance with the ULUR Roadway Standards in Section 7-307 and other concerns as may be noted during the public hearing. Draft Conditions of Approval 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless modified by the Director Decision. 2. The existing Individual Septic Disposal System for the Accessory Dwelling Unit shall be reviewed by the Garfield County Building Department and properly permitted. Any modifications or documentation required by the Department including but not limited to relocation of the leach field to comply with all setback requirements, shall be implemented or provided prior to issuance of a certificate of occupancy for the ADU. In accordance with the Applicant's Engineer's recommendation a "Tee" shall be installed at the tank outfall prior to issuance of a certificate of occupancy. 3. The Applicant shall maintain a contract with the West Divide Water Conservancy District as necessary to stay in compliance with the well permit issued by the Colorado Division of Water Resources that allows the ADU to be served by the existing well. 4. The Applicant shall disinfect the water storage tank in accordance with their Engineer's recommendation prior to issuance of a certificate of occupancy and periodically thereafter. 5. The proposed ADU shall maintain compliance with all Additional Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not limited to ownership restrictions and compliance with all Garfield County Building Code Requirements. The ADU shall be limited to 960 sq.ft. consistent with the Application submittals with no expansion permitted including into the balance of the upper floor area. Draft Conditions of Approval 6. The Applicant shall update the site plan and designate two parking spaces for the ADU. 7. The Applicant shall comply with all Garfield County Building Code Requirements and shall provide the County's Building Inspectors adequate access to the ADU to confirm to their satisfaction that the construction meets the Code. Compliance with other code requirements including the State Electrical Code shall be required with evidence of approval from the State Electrical Inspector provided prior to issuance of a certificate of occupancy. 8. The Applicant's request for waiver from submittal requirements related to topographic mapping for the entire site is acceptable. 9. The Applicant shall comply with the County regulations limiting occupancy of Recreation Vehicles on private property. 10. The Roadway Standards contained in Section 7-307 are applicable to this permit request. The Applicant shall upgrade the access road to the site to meet the County Roadway Standards contained in Section 7-307 unless a waiver request is approved by the Board of County Commissioners. 11. Prior to the issuance of certificate of occupancy for the ADU, the Applicant shall install a "knox box" per the Burning Mountain Fire Protection District specifications to facilitate emergency vehicle access to the site. Garfield County June 29, 2012 BUILDING & PLANNING DEPARTMENT Angelo Cardillo P.O. Box 261 Silt, CO 81652 EXHIBIT RE: Director's Decision Cardillo Accessory Dwelling Unit (File GAPA-7216) Dear Angelo: This letter is in regard to the Frances Cardillo Application for a General Administrative Permit for an Accessory Dwelling Unit (ADU) an the property located at 100 Cedar Drive, Silt, Colorado. Your Application is being processed in accordance with Section 4-104 Administrative Review Process of the Garfield County Unified Land Use Resolution of 2008 as amended (ULUR). Said provisions require a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, deny, or call-up the request for review by the Board of County Commissioners. A decision is herby issued regarding your Application for an Administrative Permit for an Accessory Dwelling Unit. The Director's Decision is to call-up the Application for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the waiver request from the roadway standards contained in Section 7-307 of the ULUR and compatibility/impact issues raised by adjacent property owners. In the case of a Director call-up the ULUR provides that "the Director shall place the administrative Review Permit on the earliest available scheduled meeting agenda of the Board of County Commissioner's to determine if a public hearing would be required". We have added the Board's discussion of whether to schedule a public hearing to their agenda for July 9th. Please feel free to contact the Planning Office if you have any questions regarding this Director's Call-up or the Board of County Commissioner's meeting. Sincerely, Fred Jarman, AICP Director, Garfield Coun y Building and Planning Department cc: Board of County Commissioners Carey Gagnon, Acting County Attorney 108 Eighth Street, Suite 401 •1 Glenwood Springs, GO 81601 (970) 945-8212 • Fax: (970) 384-3470 EXIT June 27, 2012 Mr. Glenn Hartmann Garfield County Planning 108 81h Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Cardillo Accessory Dwelling Unit: GAPA-7216 Dear Glenn: ECEn'n JUL 0 6 2017 GARFIELD uuUN r BUILDING & PLANNING This office has performed a review of the documents provided for the General Administrative Permit Application for the Cardillo Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The following comments were generated: • The Applicant requests a general waiver from the requirements of the road standards. The application materials are silent to any specific deficiencies of the existing road compared to the requirements of the ULUR. Specific items that are not in compliance should be identified. • The Applicant has provided a report that evaluates the existing ISDS and shows that it is adequate (save for one setback requirement.) The application materials seem to suggest that the ISDS for the ADU was not permitted. If this is the case, the Applicant should obtain an ISDS permit from Garfield County, Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Eggirjee it , Inc. C is Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Glenn Hartmann From: Wyatt Keesbery Sent: Monday, June 18, 2012 2:21 PM To: Glenn Hartmann Subject: Cardillo Accessory dwelling unit Road and Bridge has no issues with this going forward kyattx Garfield County Road & Bridge 0298 CR 333A Rifle, Co. 81650 Office- 970-625-8601 Fax- 970-625-8627 Cell- 970-309-6073 1 EXHIBIT EXHIBIT Garfield Cou4, Glenn Hartmann Garfield County Building & Planning Department GAPA-7216 RE: Cardillo ADU Dear Glenn, I have no comments on this one. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager Vegetation Management June 26, 2012 0298 County Road 333A Rifle, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627 Glenn Hartmann From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Tuesday, June 19, 2012 3:55 PM To: Glenn Hartmann Cc: Krause, Ben; Martellaro, Alan Subject: Cardillo Accessory Dwelling Unit Comments from DWR Mr. Hartmann, This office has reviewed the above referenced proposal to add an additional dwelling unit to Lot 61 of the Antlers Orchard Development. The applicant proposes to use an existing well to supply water to both the main residence and the ADU. Sewage is through an individual septic system. Permit no. 75856-F was issued on February 8, 2012 for an existing well on Lot 61 on the Antlers Orchard Development. Its uses are limit to ordinary household purposes inside one single family dwelling and one accessory dwelling unit, the irrigation of not more than 5,000 square feet of irrigation, and the watering of 7 head of domestic animals. The average annual amount to be appropriated shall not exceed 1.154 AF. This permit operates pursuant to the Silt Mesa Augmentation Plan and a contract with the West Divide Water Conservancy District. So long as the applicant abides by the conditions on the permit this office has no objections to this application. If you or the applicant have any questions please contact me in this office. Sincerely, Karlyn Adams, E.I.T. Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 1 EXHIBIT Glenn Hartmann From: Orrin Moon [orrin.moon a©burningmountainsfire.org] Sent: Wednesday, June 27, 2012 4:46 PM To: Glenn Hartmann Cc: 'Brit McLin' Subject: Cardillo Accessory Dwelling Unit. Glen: 1 have reviewed the referral and made a site visit to the Cardillo Accessory Dwelling unit, File Number GAPA-7216 located at 100 Cedar Drive in Silt. I have only one request/ requirement for the applicant for approval of the ADU. The residence and the proposed ADU are behind a electric gate to which we do not have access to in case of an emergency without removing two pins and manually opening the gate. I have talked to Angelo Cardillo and he has agreed to install a Knox Box(Key Box) below a future key pad that is used to open the gate from the driveway. All other access is acceptable to BMFPD. Please contact me with any questions. Thank you, Orrin D. Moon Fire Marshal/Battalion Chief Burning Mountains Fire Protection District 775 Castle Valley Blvd. New Castle, CO 81647 970-984-3213 orrin.moon@6nminOmoufainsfire.org 1 Glenn Hartmann From: Karla Bagley [karla.bagley@eaglecounty.us) Sent: Saturday, June 23, 2012 6:02 PM To: Glenn Hartmann Cc: Tim Bagley Subject: Cardillo Building Permit Mr. Hartmann, EXHIBIT 1 We have received notification that Frances Cardillo (owner of the property located at 100 Cedar Drive, Silt, CO) has applied for a building permit for an existing residential accessory dwelling unit on her property. This existing unit was built in the second story of large barn/garage approximately 14 years ago and has been steadily occupied (either by Angelo Cardillo, who owned the property from approximately 1998 to 2002 or tenants) since then. We assumed that Mr. Cardillo had followed the proper process when building and renting this unit but were very concerned to learn that this was not the case. We believe that the Cardillos should not be allowed a building permit after the fact (many years after the fact!) and should not be permitted to retain the accessory dwelling unit. We understand that they will be required to bring the unit up to Garfield County building codes, but why should they be allowed to continuewhat to benefit from something they have done against regulations? Will they be reimbursing Garfield County for the lost property taxes on that unit for the last 14 years? If they are allowed to keep the unit and continue to earn additional income from it, what is stopping any of us from just taking our chances - what would stop anyone in the county with over 5 acres to put up an agricultural building and then developing the inside of the building with no one's knowledge?? A person can operate this way for 10, 15, or 20 years and then maybe make things right IF we get caught? This sets a dangerous precedent for other residents of Garfield County. What kind of message does that send? Another reason to deny the application is because the additional unit is in a much larger structure, there is no real way to stop the property owner from using the building for two or more additional dwelling units without the county's knowledge. How will you monitor this? It would be much different if the accessory dwelling unit was one building defined by four walls but ifs not! Mr. Cardillo controls the property and has already proven himself untrustworthy and willing to ignore the county regulations (and again, avoiding paying the proper fees and property taxes due to the county) - that alone should be enough to deny the building permit. We are unable to have a conversation with Mr. Cardillo about anything without the threat of violence (most recently, the threat was to shove something up my ass), which further indicates what kind of person he is - the kind that respects neither other people or proper processes and procedures. Has he threatened violence to other neighbors if they disagree with his plan? In addition, we have some serious concerns about our water supply if this permit for an accessory dwelling unit is allowed. We have seen the reports indicating that the existing well on the property will support an accessory dwelling unit but we believe there will be an impact on our water supply. As you know, Silt Mesa has a limited water supply especially in drought years such as this. Many people on Silt Mesa have to haul their own additional water. We are on the edge of having to haul our own water to supplement our well. Our well is very close to the Cardillos property, and since the most recent set of tenants have moved (a few months ago), we have noticed that our water supply has increased. Our biggest concern is that if they continue to have an additional household (with any number of tenants), we fear it will have in impact our water supply again, and we will have to start hauling water to supplement our well. Ifs quite possible that if there well uses more water at a lower level, less water will be available for our well which is at a slightly higher elevation. The more water they use, the less water we will have. It is important they be limited to one household with NO accessory dwelling unit. f Please feel free to call me at 970-309-2997(Tim) to discuss this situation. I would like to speak with you before the decision is made, and I would Iike to be notified of the decision that is made. Thank you, Tim and Karla Bagley 693 County Road 266 Silt, CO 81652 **Please note that my last name and email address have changed and update your records. Thank you! ** Karla J. (Herridge) Bagley Chief Deputy Public Trustee Eagle County PO Box 1229 Eagle, CO 81631 970-328-8863 2 08/10/2012 FRI 19:26 FAX 970 625 8435 Wagon Wheel Consulting Business Solutions 111 E. 3RD STREET, SUITE 221 RIFLE, CO 81650 OFFICE: (970) 625-8433 FAX: (970) 625-8435 CELL: (303)916-4009 nita@nlsbusiness.com DATE: 8/10/12 TO: Garfield County Building & Planning Department FROM: Nita Smith PAGES: 3 (including cover sheet) FAX NO.: 970-384-3470 EXHIBIT 1 P RE: Trances Cardillo -- Application for Land Use Change & Waiver from Roadway Standards MESSAGE: Attached please find a letter in support for the above referenced subject. Thank you, Nita L Smith Owner 08/10/2012 FRI 19:26 FAX 970 625 8435 Wagon Wheel Consulting 0002/003 Jimmy & Nita Smith 0101 Cedar Drive Silt, CO 81652 Date: 8/10/12 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Frances Cardillo Application for Land Use Change & Waiver from Roadway Standards 100 Cedar Drive, Silt, CO Dear Director I am writing this letter in support of Mr. Cardillo's requested Land Use Change and Waiver from Road Standards. My wife and I have resided immediately adjacent to the property in question since April of 2003 and consider the proposed use of the property totally appropriate. Mr, Cardillo keeps the property in extremely good condition and is very selective as to the character of any residents on his property. Individuals residing on the property are required to meet strict expectations regarding cleanliness of the area, maintenance of the grounds surrounding the dwellings and respect for the privacy and security of the neighborhood. These expectations have resulted in an extreme appreciation of the manner in which the property has been utilized and has in no way diminished the value of the surrounding properties. No shortage or loss of adequate water supply has resulted from the property's current use. It is evident that the criteria set by Mr. Cardillo in regards to quantity and quality of potential residents and pets/animals will continue to support the proposed use of the property. We see the granting of the "Land Use Change" as a benefit to the neighborhood as a result of continual occupation of the dwellings, maintenance of the property and facilities and added security of the surrounding area. In regards to the" Waiver from Roadway Standards", we again support Mr. Cardillo's request. The current roadway is more than adequate for and potential use or traffic flow to and from the property. This use would include emergency vehicle access if necessary. Widening of the roadway could invite the temptation for higher speeds. increase on the cost of maintenance and unwanted traffic flows. At the very least, any widening of the road would result in loss of agricultural use of lands adjacent to the road 08/10/2012 FRI 19:27 FAX 970 625 8435 Wagon Wheel Consulting 0003/003 and would directly impact the water well on our property. The intended use by Mr. Cardillo would not require any width change in the current road. He has and continues to do more than his share of upkeep on the existing roadway as well as assisting with the maintenance of other roads and driveways connecting to the road in question. Much of this has been at his own cost with no expectations of other's participation. In conclusion, Mr. Cardillo is a valued neighbor and property owner, therefore we support the applications and recommend that the proposals be approved. Please take the above facts into consideration. Thank you 9 r � Jimmy & ita Smith 101 Cedar Drive Silt, CO 81652 GARFIEI_u GOUNI Y BUILDIN of ANh:II dG Date: 8/10/12 Garfield County Building and Planning Department 108 8th Street, 4th Floor Glenwood Springs, CO 81601 Jimmy & Nita Smith 0101 Cedar Drive Silt, CO 81652 RE: Frances Cardillo Application for Land Use Change & Waiver from Roadway Standards 100 Cedar Drive, Silt, CO Dear Director AUG 12Dt GAR3/4-iii-1.0 COUNTY MlltO I am writing this letter in support of Mr. Cardillo's requested Land Use Change and Waiver from Road Standards. My wife and I have resided immediately adjacent to the property in question since April of 2003 and consider the proposed use of the property totally appropriate. Mr. Cardillo keeps the property in extremely good condition and is very selective as to the character of any residents on his property. Individuals residing on the property are required to meet strict expectations regarding cleanliness of the area, maintenance of the grounds surrounding the dwellings and respect for the privacy and security of the neighborhood. These expectations have resulted in an extreme appreciation of the manner in which the property has been utilized and has in no way diminished the value of the surrounding properties. No shortage or loss of adequate water supply has resulted from the property's current use. It is evident that the criteria set by Mr. Cardillo in regards to quantity and quality of potential residents and pets/animals will continue to support the proposed use of the property. We see the granting of the "Land Use Change" as a benefit to the neighborhood as a result of continual occupation of the dwellings, maintenance of the property and facilities and added security of the surrounding area. In regards to the" Waiver from Roadway Standards", we again support Mr. Cardillo's request. The current roadway is more than adequate for and potential use or traffic flow to and from the property. This use would include emergency vehicle access if necessary. Widening of the roadway could invite the temptation for higher speeds. increase on the cost of maintenance and unwanted traffic flows. At the very least, any widening of the road would result in loss of agricultural use of lands adjacent to the road and would directly impact the water well on our property. The intended use by Mr. Cardillo would not require any width change in the current road. He has and continues to do more than his share of upkeep on the existing roadway as well as assisting with the maintenance of other roads and driveways connecting to the road in question. Much of this has been at his own cost with no expectations of other's participation. In conclusion, Mr. Cardillo is a valued neighbor and property owner, therefore we support the applications and recommend that the proposals be approved. Please take the above facts into consideration. Thank you, 1 my & Nita Smith 101 Cedar Drive Silt, CO 81652 C' Glenn Hartmann From: Angelo Cardillo [carriageman©msn.com] Sent: Saturday, August 11, 2012 3:04 PM To: Glenn Hartmann Subject: Fw: Asgard Subdivision Original Message From: Joni Cardillo To: Angelo Cardillo Sent: Saturday, August 11, 2012 1:11 PM Subject: Fwd: Asgard Subdivision Begin forwarded message: From: Vivian Chamberlain <vcha65@hotmail.com> Date: August 10, 2012 3:39:59 PM PDT To: <joni.cardillogmail.com> Subject: Asgard Subdivision Vivian Chamberlain 760 Rainbow Dr. Silt CO 81652 970-618-6665 Vcha65@hotmail.com August 17, 2012 Re: Cardillo To Who It May Concern; My personal experiences as a neighbor of Angelo Cardillo, have always been friendly and positive. Angelo is neat and tidy, keeping a nice property in good condition. He tries to create a sense of community among the neighbors by hosting occasional BBQ's at his home, he offers to help if anyone appears to be in need, and drives the speed limit or under! That may seem like an odd compliment but what it says to me about him, is he is mindful that this is where people live, work and play. I am saddened to hear that there have been disputes among some of the neighbors regarding Cardillo's current living arrangement. I am not sure what has brought this situation to this point, but considering that the Cardillo's appear to be very mindful of others, tidy and responsible, I have no problem allowing them the time they need to comply with appropriate regulations and continue living on their property as they have in the past. Thank you for your time and consideration. Sincerely; Vivian Chamberlain 1. Glenn Hartmann From: Angelo Cardillo [carriageman@msn.comj Sent: Saturday, August 11, 2012 12.33 PM To: Glenn Hartmann Subject: Fw: Original Message From: Diane Tilley To: carriagemanmsn.com Sent: Friday, August 10, 2012 2:25 PM Subject: FW: From: Diane Tilley Sent: Friday, August 10, 2012 2:22 PM To: 'www.carriageman@ msn.com` Subject: To: Garfield County Building Dept RE: Angelo Cardillo We have no objection to the special request for Angelo Cardillo's property change on Cedar Drive. EXHIBIT R We have known Angelo since 1998 when we purchased property at 0051 Cedar Drive. He has been very helpful with the driveway and mailbox. He also rents pasture from us on a regular basis. His property is well maintained. We did not have a problem with extra traffic from renters on Cedar Drive. Diane & Ted Tilley 0051 Cedar Drive Silt, Co 81652 970-876-2422 1 EXHIBIT Glenn Hartmann From: Glenn Hartmann Sent: Monday, August 13, 2012 2:35 PM To: Glenn Hartmann Subject: FW: Cardillo ADU letter County Commissioners, Thank you for taking the time to review my request for permission to have an ADU. Let me start by saying that I should have known that the ADU was not permitted when I purchased the property from my son. I didn't ask him and he never told me that he hadn't gotten permits to build the ADU. We are trying very hard to do everything we can to make this ADU meet all your requirements. My son is paying for all the expenses and doing all the work. I have however missed out on the income that normally comes in on this apartment. I am on a fixed income and that has been very hard on me. Last fail Angelo got married and he and his lovely wife want to stay in Silt and rent the apartment from me if we get permission to have it. With him able to live there many of the things that have needed to be done over the years will be able to get done. So not only will I resume getting rent which I really need but I will also be able to make my property a nicer place with him there. Again I thank you for taking the time to review this application for an ADU, and 1 am kindly requesting that you grant this to me. Warmly, Frances Cardillo 1 Glenn Hartmann From: Glenn Hartmann Sent: Monday, August 13, 2012 2:36 PM To: GPenn Hartmann Subject: FW: Cardillo ADU letter August 8th, 2012 Angelo Cardillo PO Box 261 Silt, CO 81652 County Commissioners, On. August 20th you will be meeting to discuss the application for an ADU located at 100 Cedar Drive, Silt, owned by my mother Frances Cardillo. She purchased the property from me and has owned it for approximately 10 years. At the time she purchased the property the ADU was already in place. Since November when we started this process I have been doing everything necessary to bring the ADU up to current standards along with applying for the ADU permit. My mother did not have any knowledge of the fact that the ADU was not permitted. During this process I have received a copy of the letter that Mr. Tim Bagley wrote to you. It deeply concerns me that he is so angry about the ADU. I have taken to heart what he said about the water situation. No ones wants to run out of water! First I'd like to make you aware though that the house was always occupied. When the renters moved out on April 1st, my wife and I moved in. So there should have been no change in the amount of water used. Second I'd like to share with you that we went down to the Colorado Division of Water Resources and spent about and hour with Dwight Whitehead. We wanted to find out if our well was at the same depth as Mr Bagley's and if we could be causing him any reduction in water supply. We were unable to locate a well permit by Mr. Tim Bagley. After much digging we did find a well permit that his father had taken out on the property (his father owned the property prior to his purchasing it) which we assume is the well he is currently using. The well report from Shelton Drilling shows that he is getting 1/2 gpm (see attached well report). 112 gpm is not much to begin with for any household. We have gone to great length's to make sure we have enough water, including the purchase of additional water from the West Divide water district for this property. As I said this process was started in November 2011. We began by getting the property surveyed, hired multiple engineers to check on the water, sewer, and structure. Our understanding was that it would take several months to complete all these necessary reports. So in January we left for Florida. Upon returning in April we moved into the vacated house and had planned to quickly finish the ADU so we could move into it. Time drug on and we were running out of money. So we rented the house thinking it would be okay to live in our RV on the property during the construction of the ADU. Our new renter moved in on August 1st. On August 2nd we received a call from Gale Carmoney informing us that Mr Bagley had called and complained about us living in our RV. We had no idea that it was illegal!!!. The next day we moved our RV. As you can see this had been a long and uncomfortable experience. We are hoping that you will approve our application on the 20th. We additionally are asking you to grant us permission to start our building permit immediately if granted. (we understand that an official letter must be signed by you and that would not happen till your next meeting on Sept 4th). With time running out before winter hits we could really use those extra 2 weeks. And if possible we would ask for permission under the building permit to live on the property to finish the ADU. We understand that normally it is not acceptable to live in a RV with a building permit for an ADU. We apologies for not taking out permits when the structure was built. It was something that evolved after the barn was built. No excuses, just didn't get it done right. I am doing everything I can to make this a legal building. We understand that we are asking for marry things and appreciate your consideration of each of them. To recap we are respectfully asking for you to grant the Roadway Standards Waiver, to approve the ADU effective immediately, and to grant us permission to live in our RV while we are doing the construction on the ADU. Thank you, Angelo and Joni Cardillo 1 Glenn Hartmann From: Glenn Hartmann Sent: Monday, August 13, 2012 1:12 PM To: Glenn Hartmann Subject: FW: Cardillo ADU letter From: Glenn Hartmann Sent: Monday, August 13, 2012 1:07 PM To: Glenn Hartmann Subject: FW: Cardillo ADU letter EXHIBIT 1 LA I am writing to let you know my feelings on Frances Cardillo's application for an ADU. Let me start by saying that I have no problem with the Cardillo's ADU application. They have rented out both the house and the ADU off and on over the years I have owned my home. The renters have been very nice and I have had no trouble/or concerns with them. I have not seen any additional traffic because of the ADU nor have I seen any impact on my water supply. Angelo Cardillo, France's son has done a great job of making sure that the renters are the kind of neighbors we'd all like to have. I see no factor that should stop them from getting their application approved. Sincerely yours, Blake Timmer 1 Sirs, ( live on the road that goes into the Cardillo's property. 1 have never had any negative experiences because of their having the little apartment. When \ngelo is in town he always helps his neighbors. We use his ecluipme.nt and he is always willing to help me when 1 need it. The road is taken care of by him and one of the other neighbors Ted. 1 hear that he and his wife would like to live on the propertey full time. That would be wonderful! He is a nice man and we would love for him to be around all the time. have made friends witro several of the renters, they have all been nice people as far as 1 know. e X77 AMENDED FINAL PLAT PORTIONS OF TRACTS 46;51,52,61 ANTLERS ORCHARD .DEVELOPMENT CO PLAT NO. 1 GARFIELD COUNTY SURVEY IS BASED ON THE S1/4 CORNER SECTION 26 FOUND AND PROPERTY CORNERS FOUND IN ASGARD SOW/VISIONS FILINGS 1 AND 3. N J616JO' E Apo" .4464A SCALE 81,31'\ le SO' 0 1Do AS.DAR0 S U 8 0 7 V/ S 1 0 N F DiCH 100 T. H .2100J1' E 114,10' Ex/S'TIVC FENCE ALONG 10UND RY NOM Of INC L17CN W EXH1�1T 4 FARMERS ? �° IRRIGATION DITCH e'1" 46 2.001 'acres 57 5454 stns S 9rJ826' E 9JP.?4' 5As 9r aaOOr a ;sr nOww arsi �- ACCESS AND UTILITY E4 (EENT POKER UNE 4 - • S. 1 f 67 6 \'" k'1\mar\ • -a. 4.754 acres3 -6I SECTION 26 DINER ,6 cp 5202 aerie aq�� t'11 279.46' 890.71' N 89.08".iW w "SC OF BEARAC T'Yv\ YvV,eV� 1010.96 J IY,10" PUBLIC NOTICE TAKE NOTICE that the Building and Planning Director, Garfield County, State of Colorado, has called -up to the Board of County Commissioners consideration of the Frances Cardillo application requesting a General Administrative Permit for a Land Use Change to allow an Accessory Dwelling Unit and a Waiver from the Roadway Standards contained in Section 7-307 of the Unified Land Use Resolution of 2008 as Amended (ULUR), and the Board of County Commissioners have scheduled a public hearing for said consideration, on property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Description of Request: LEGAL DESCRIPTION TO BE INSERTED OR ATTACHED BY THE APPLICANT 100 Cedar Drive, Silt, CO 81652, located approximately 21/2 miles north of the Town of Silt. The Applicant is requesting approval for an Accessory Dwelling Unit on their 5.2 acre property. The Accessory Dwelling Unit currently exists within an accessory/bam structure on the property. The Accessory Unit is approximately 960 sq.ft. in size. Existing access and services are in place for the Accessory Dwelling Unit. The Applicant has also requested a Waiver from the Roadway Standards contained in Section 7-307 of the ULUR. The property is zoned Rural. All persons affected by the proposed Administrative Review for an Accessory Dwelling Unit and Call -Up for review by the Board of County Commissioners are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the application request. The Application may be reviewed at the office of the Garfield County Building and Planning Department located at 108 8th Street, 4th Floor, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the Application has been scheduled for August 20, 2012 at 1:00 p.m. in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Building and Planning Department Garfield County Please Note a Vicinity Map is Attached LEGAL DESCRIPTION A tract of lard in the 521/4 of Section 26, Township 5 South, Range 92 West of the 6th P.M., also being Tract El, Amended Antlers Orchard Development Tract as recorded in the office of the Garfield County Clerk and Recorders Office recorded On February 19, 1997 in Book 1009 at Page 597 as Reception No. 504765. COUNTY OF OARFTELT1 STATE Oe COLORADO VICINITY MAP Cardillo Site SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 1093 oz aGio SH, ( 0 2. Article Number - (Transfer from service labs!) 71$9 A. Signature r1 ❑ Agent ❑ Addressee ate of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below. 0 No 3. Service Type 0 Certified Mail 1:1Regi red 0 Insured Mall Express Mail 0 Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery! (Extra Fee) 0 Yes 7007 2560 0001 8171 PS Form 3871, February 2004 Domestic Return Receipt 102585-02.M-1540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. C'.JMPLETE THIS SECTION ON DELIVERY °�.af•1i•ture Any ,--41111411111141k -.rat" WOW" y(Pri .., _,_v ,Agent ❑ Addressee 1. Article Addressed to: k I ('P JLT C ,266 Co klvs 2 Name) • C. Date o1 Delrrery D. Is delivery address different from item 1? n©,Yes If YES, enter delivery address below •- El No 3. Service Type ❑ Certified Mall ❑ Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? fats Fee) 0 Yes 2. Article Number (Transfer from service Labe° 7007 256Q 0001 8171 7172 Domestic Mum Hecarpr PS Form 3811, February 2004 102595.02•M•1540 SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiIplece, or on the front if space perm. 1. Article Addressed to: JUI-Tg- S'mr7 /0 I 60-4 )S S - S it CU 5-72- 2. -72 2. Article Number - (Transfer from service label) PS Form 3811, February 2004 COMPLETE TNlS SECTION ON DELIVERY A. S X B. Received by (Printed Name) , /24 (-5"TN D. Is delivery address different from hen 1? 0 Yes If YES, enter delivery address below: 0 No ❑ Agent erAddressee C. Date of Delivery 3. Service Type Mail 0 Certified Mail ❑ rhe t for Merchandise ❑ Register 0 Return ReceiP ❑ insured Mail 0 C.O.D. 4. Restricted Delivery'? (Extra Fee) 0 Yes 7007 2560 0001 8171 7124 Domestic Return Receipt 102595.02 -M -154o SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the malipiece, or on the front If space permits. 1. Article Addressed to: ;t4P")441 77(7 Sr IT- Lc 5163-2. COMPLETE THIS SECTION ON DELIVERY A. Signature X 11 B. R by (Prin : • Name) i► 11� ❑ Agent o Addressee C. Date of Delivery 1 r r D. Is delivery addregi different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mall 0 Registered 0 Insured Mail 1:1 Express Mail ❑ REetum Receipt for Merchandise ❑ C.O.D. 2. Article Number (i7ansfer from service label) PS Form 3811, February 2004 4. Restricted Delivery? (Extra Fee) 7007 2560 0001 8171 7127 0 Yes Domestic Retum Receipt 102595-02•M-1540 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Joo 0 Rc. /MeA fw£ Stir CJ '/4,r Z COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent dressee Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No B. Received by (Printed Name) c 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery'? (Extra Fee) 0 Yes 2. Article Number - (Transfer from service label) PS Form 3811, February 2004 7007 2560 0001 8171 7103 Domestic Return Receipt 102595-02-M•1540 4111110.. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can retum the card to you. 1 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /,449 1 C 2 Sr (7r Co k/6S 2 - A. Sign t / B., °F- . by ( Printed Name) ❑ Addressee C. Date of Delivery 0. Is delivery address diferent from (tern 1? 0 Yes !f YES, enter delivery address below: 0 No 3. Service Type ❑ Certified Mail 0 Registered 0 Insured Mall 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number Member from service label) 7007 2560 0001 8171 7165 PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: 8)/ 6 93 -L 2 (o AS 102595-02•M-1540 COMPLETE THIS SECTION ON DELIVERY A. Signature x B. Revel >• by (Printed Name) C � (-\ D. Is delivery address • from Item 1? ❑ Yes If YES, enter delivery address below: 0 No ❑ Agent 0 Addressee e of Delivery 3. Service Type O Certified Mail 0 Express Mail 0 Register 0 Return Receipt for Merchandise Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 2560 0001 8171 7158 (Transfer from service label) 102595-02-M-1540 P5 Form 3811, February 2004 Domestic Return Recelpt 700? 2560 0001 8171 7172 m 1 m V 2 H m 0 w aC1C • —11 74 n Q o ate E an C • 33 �• m CI on m ce• N ru rR N 0001 8171 —13 ru N ti N rR N rq rq D . tM1 I73 0 N I� Ij N U.S. Postal Service,.F CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.uspe.como SIt LCQt$1(i52 Postage Cenifiee Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage is Fees $ $0.45 $0.00 $5.75 0591 01 Postmark Here 06/13/2012 Sen! o // or PO Box No. C<)g,c D2 city, State, ZIP+4 , T PS Form 3800, August 200E See Reverse for!estruetlone. U.S. Postal Service, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery Information visit our website at www.usps.coe Postage Certified Fee Return Receipt Fee (Endorsement Required) Restncted Delivery Fee (Endorsement Required) Total Postage 8 Fees Sent Tof $treat, f. - -- r�c-4 v3 .`e LJ- City, State, ZIPP¢ • +t 1N p o.; or PO Box NO. 0591 01 Postmark t{ere 06/13/2012 C PS Form 3800. August 2006 •See Reverse for instructions: U.S. Postal Service,. 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August 2006 See Reverse for Instructions 0 0 Restricted Delivery Fee 0 (Endorsement Required) -u 1.11 0 0 For delivery Information visit our website at www.usps. siOci* 1 C 1 A Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $0.45 $2.95 $0 00 $5.75 0591 01 Postr He 06/13/2012 nt 4i47 s //),,n -gtreet, t7No.; or PO Box No. _SO C.) a feci-64.c FAIL City Mere, Z1P+4 / (F-7 PS Form 3800. August 2006 g., • . . See Reverse f U.S. Postal ServjceTM CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Pro For delivery information visit our website at www.uSpS.0 8F Postage Certified Fee Return Receipt Fee (Endorsement Required) nJ 0 7./4/ 6..23 Cie 2‘6 r 4276 5:2 PS Porn) 3800. August 2006 Total Postage & Fees ent 0591 01 Postmart Here 06/13/2012 "StrWeif,-,4,6I or PO Box No. m 2560 0001 8171 0 0 N City State, ZIP+4 See Reverse for Iii U.S. Postal Service. 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