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HomeMy WebLinkAbout2.0 CorrespondenceDavid Pesnichak From: Dan and Ayla Cacho <Danandayla@hotmail.com> Sent: Tuesday, November 01, 2016 3:18 PM To: David Pesnichak Subject: Re: Cacho ADU Application Hi Dave, Ayla and I would like to withdraw our Land Use Change Application. Please let us know when the withdrawal is final, and hopefully we can re -submit sometime in the not too distant future. Also please let us know when we can pick up our application materials at your office so that you don't need to mail them back to us. Thanks for your help, Dan and Ayla Cacho danandayla@hotmail.com From: David Pesnichak <dpesnichak@garfield-county.com> Sent: Friday, October 21, 20161:01 PM To: danandayla@hotmail.com Cc: Cacho - DNR, Dan; Kelly Cave Subject: Re: Cacho ADU Application Hi Dan, I had a chance to discuss your water situation this morning with Tamra. We are both concerned that the contract says that it can only serve one dwelling unit and that it is a severable contract. Certainly, we will not be able to make a recommendation to the Director unless there is legal water for two dwelling units. I would encourage you to look into modifying the contract for two dwelling units and let us know whether you would like to continue to pursue the permit. I am out of the office until next Thursday, but I will have limited email access through the week. Best, Dave Sent from my iPhone On Oct 19, 2016, at 12:08 PM, David Pesnichak <dpesnichak@garfield-county.com<mailto:dpesnichak@garfield-county.com» wrote: Hi Dan and Ayla, The County Attorney's Office and I have completed our initial review of the application you have submitted for an ADU on Lot 25 of Lookout Mountain Ranches. There are a few items that are necessary before we can schedule the Directors Determination. Notably, the water supplied by the well on Lot 23 appears to be secured by a severable License contract (not ownership) which does not appear to allow water for more than one dwelling unit. Since this license is severable and it does not appear to legally allow for water to be provided to more than 1 October 19, 2016 Dan and Ayla Cacho 113 Timber Creek Drive Glenwood Springs, CO 81601 Garfield County Reference: Administrative Review Land Use Change Permit — Cacho — Lot 25 of Lookout Mountain Ranches — Accessory Dwelling Unit - Garfield County File Number GAPA-10-16-8492 Dear Mr. and Ms. Cacho; Garfield County is in receipt of an Administrative Review application for a Land Use Change Permit for an Accessory Dwelling Unit located east of the City of Glenwood Springs with public road access onto County Road 120. This application was submitted on October 17, 2016, and has been reviewed by Community Development and the County Attorney's Office for technical completeness. The following revisions/additional materials are requested: Authorization 1. It is necessary for each of the property owners as identified on the deed to sign the application form. While the application form has been signed by Dan Cacho, it is not signed by Ayla Cacho. Please have each of the property owners sign the application form. Water Quantity 2. Section 4-203(M)(1)(b)(5)(a) requires submittal of a 4 -hour pump test. While it is understood that the water is to be served by a shared well, since the water does not appear to be provided by a Water Supply Entity, a pump test is necessary. Please either submit a pump test consistent with the requirements of these Code sections (4 -hour) with the initial application or request that it be submitted as a Condition of Approval following the Director's Determination (required to be submitted within 1 year following approval). 1 Legal Water 3. A document titled Section 21— Exhibit A Additional Provisions was submitted under the Water tab of the application. On page 2 of the document, it is stated that "For purposes of the Contract and the License, "domestic use" means water use consistent with the restrictions on water use which will be imposed in connection with the proposed planter augmentation related to the water supply system, which restrictions will include restriction to use for in-house domestic purposes in a single family residence and the irrigation of not more than 500 square feet of land. Buyer acknowledges that such use restrictions are more restrictive than those constrained in the declaration. Until the License is terminated, the amount of water available to Buyer will be dependent upon the quantity of water from the We!!, Buyer is entitled to the lessor of (a) one-third of the steady state capacity of the Well or (b} 5 gallons per minute." Please provide a response to the following items regarding this document: The letter from Patricia Mara dated July 29, 2014 identifies the license as being attached as Exhibit E. However, this license is not included with the documentation. For purposes of this review, it is assumed that this document, Section 21 — Exhibit A Additional Provisions, is the License. Please identify whether this document is in fact the License for Lot 25 to use water from the well on Lot 23. It is not clear whether this contract and license is in effect as the signatories provided appear to be the previous owner and seller. While the letter from Patricia Mara dated July 29, 2014 seems to indicate that the "contract survived the closing", please identify whether this contract is still in effect. It appears that this is a cancellable License and that water rights are not guaranteed to this property in perpetuity. Please address the potential severability of this license in the future. Water use per this contract appears to be limited to one single family home and 500 feet of irrigated land. As a result, it could be construed that an Accessory Dwelling Unit would not be permitted legal water per this contract. Please provide a statement addressing this issue. Regarding quantity of water, it looks like the share of water available to your property is limited to one-third of the steady state capacity of the well or 5 gallons per minute, whichever is less. In relation to the pump rate for the well, please identify the amount of water that can be expected from the well per the provisions of this contract. We look forward to receiving the revisions and supplemental information and proceeding through the Administrative Review Process. If it would be helpful to discuss the submittal requirements for this proposal, please contact me at your earliest convenience. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will be deemed withdrawn. Feel free to contact me with any questions or request for clarifications regarding any of the above items. You may reach me via email at doesnichak@garfield•countv.com or at 970-945-8212. Sincerely, David Pesnichak, AICP 2