HomeMy WebLinkAbout1.0 Application• APPLICATION •CEVED MAY 1 1 1999
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date: May 1 1 , 19 9 9
Applicant: M F W i l e n t a, Inc.
Base Fee: $400
Address of Applicant: c/o Ca lo i a & Haupt Telephone: 9 4 5- 6 0 6 7
1 on Lot 2
Special Use Being Requested: two (2) additional dwelling units - 1 on Lot 3
Lot 2 - 12.88 acres
Zone District: A/R/RD Size of Property: Lot 3 - 11 _ 11 acres
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
•accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property_ all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposuig a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attacn a copy of the deed and a legal description of the property. If you are acting as an agent tor the
v' property owner, you must attacn an acknowledgment from the property owner that you may act in
his/her behalt.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Deparunent, in a
newspaper of generai circulation. tsotn these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost ot mailing and publication ana proof ot mailing ana
publication must be submitted at the time of the public hearing.
The information contained within is application is complete and correct, to the best of my knowledge:
Applicant
CALM & HOU'T, P.C.
1204 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
5/11/99
MAY 14 '99 10:54AM C"A & HOUPT. P.C.
MF Wilenta, Inc.
0136 Lewis Lane
Basalt, CO 81621
May 14, 1999
•
Mark Bean, Director
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Application for Special Permit for Accessory Dwelling Units
Dear Mr, Bean;
P.2
This letter is to notify you that MF Wilenta, Inc, (Eugene Chiarelli, President) is the
owner of real property known as parcels #2391-204-00-060, -061, and -062 shown on Garfield
County Assessor's Map 42391. On behalf of MF Wilenta, Inc., I authorize the law firm of Caloia
& Haupt, P.C., and any attorney thereof, to act as my agent in pursuing all action necessary for
approval of an application for special permit for accessory dwelling units for such property by
the Garfield County Commissioners.
Sincerely,
MF WILENTA, INC,
Erni
EClbpk
CHIAR£LLI-auth letter -1
Chiarelli, President
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
Kit Lyons, Planner
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
May 14, 1999
•
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
Re: MF Wilenta/Chiarelli ADU Permit Application
Dear Kit:
I received your letter regarding additions to the MF Wilenta application. Let me
provide you with some information.
1. An authorization letter signed by Eugene Chiarelli is forthcoming. I will have it
to you early next week.
2. There are currently no structures or improvements located on Lot 3. We are
applying for an ADU for that lot as well.
3. The access for both Lot 2 and Lot 3 ADUs will be through an existing driveway
which is shown on the attached map. We will not need additional access permits from Garfield
County.
4. Mr. Chiarelli is currently developing the floor plans for each of the ADUs. I
will have those to you early next week.
Please let me know when the hearing is to be scheduled. Thank you very much for
your help.
Sincerely,
CALOIA & HOUPT, P.C.
Sherry A. Cal
SAC:ja
Enclosure
cc: Eugene Chiarelli, w/enc.
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Lisa Marie Murphy Owens
195 Rock Ledge Drive
Glenwood, CO 81601-2723
GL Properties, Inc.
Lisa Owens, President
195 Rock Ledge Drive
Glenwood, CO 81601-2723
Ronald M. Razzore
Katha Rossein
890 County Road 102
Carbondale, CO 81623-9625
M.F. Wilenta, Inc.
Eugene Chiarelli, President
0136 Lewis Lane
Basalt, CO 81621
Lydia Kay Taverna
22100 County Road 16
Oak Creek, CO 80467-9631
Marion W. Connolly Trust
P.O. Box 8194
East Lynn, MA 01904-0194
Hunt Properties Ltd.
14913 Highway 82
Carbondale, CO 81623
Estate of John Stirling
Attn: Rebecca Stirling, P.R.
0704 Skipper Drive
Carbondale, CO 81623
•
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QUIT CLAIM DEED
TIIIS DEED, made this 1st day of March, 1999, between WILSON F.
HARRIMAN and LISA HARRIMAN, of the County of Garfield and State of
Colorado, (Grantors), and MF WILENTA, !NC., a Colorado Corporation, whose
legal address is 0136 Lewis Lane, Basalt, CO 81621, (Grantees):
WITNESSETH, That the Grantors, for a'nd in consideration of the sum of
One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do
remise, release, sell, convey and QUIT CLAIM unto the Grantees, their heirs, successors and assigns
forever, all the right, title, interest, claim and demand which the Grantors have in and to the water rights,
together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado
described as follows:
Any an all water rights associated with the Well permitted as No. 215185
by the Office of the State Engineer, Colorado Division of Water Resources.
TO HAVE AND TO IIOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of
the Grantees, their heirs and assigns forever.
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above.
I'LSON I. H'ARI MAN .,
LISA IIARRIMAN
STATE OF COLORADO
COUNTY OF GARFIELD
) ss.
The foregoing instrument was acknowledged before me this 1st day of March, 1999, by WILSON F.
HARRIMAN and LISA HARRIMAN.
Witness my hand and official seal.
otary Public
Address:
My commission expires.
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Filed for record the day of ,A.D. 19 , at o'clock M. RECORDER.i
Reception No. By DEPUTY.
. WARRANTY DEED
THIS DEED, Made on this day of March 01, 1999 ,
the Grantor(s), and
the Grantee(s):
)
DOLLARS
and by these
forever, all the
County of
between WILSON F. HARRIMAN AND LISA HARRIMAN
of the County of GARFIELD and State of Colorado , of
MF WILENTA, INC. A COLORADO CORPORATION
whose legal address is : 0136 LEWIS LANE, BQ$ • T, O 81621
of the County of /g L ' ,'and State of Colorado , of
WITNESS, That the Grantor(s), for and in consideration of the sum of ( $1,300,000.00
*** One Million Three Hundred Thousand and 00/100 ***
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed,
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns
together with improvements, if any, situate, lying and being in the
real property,
GARFIELD and State of Colorado, described as follows:
OR USED UPON THE
in anywise appertaining
all the estate, right
to the above bargained
unto the Grantee(s),
does covenant, grant,
and delivery
and indefeasible
to grant, bargain,
all former and other
or nature soever,
TO EASEMENTS,
EXHIBIT "B"
and peaceable
claiming the whole
and the use of any gender
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART IIEREOP
TOGETHER WITH, BUT WITHOUT WARRANTY, ALL WATER RIGHTS APPURTENANT TO
PROPERTY.
also known as street number 1030 COUNTY ROAD 102„ CARBONDALE, CO 81623
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances,
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 ANI) SUBSEQUENT YEARS, AND SUI3JECI'
RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD AS SET FORTH ON ATTACKED
MADE A PART HEREOF BY REFERENCE.
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully
or any part thereof. The singular number shall include the plural, and the plural the singular,
shall be applicable to all genders.
IN WITNESS WIIEREOF the Grantor(s) has executed this deed on the date set forth above.
14I�'
'
WILSN F. HARRIMAN
-I o7 c14ti'YI In (N-( .
LISA HARRIMAN
STATE OF Colorado )
)ss.
County of GARFIELD )
The foregoing instrument was acknowledged before me on this day of March 01, 1999 ,
by WILSON F. IIARRIMAN AND LISA HARRIMAN
My commission expires .. "
Witness my hand and official se Qy /� �1 4 C,_
"fo�
,...c, �jv� 0- �0 �. Notary 'ublic Al
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Name and Address of P on Cr-• •( a': Description ( 38- 111 06.5, C.R.S.)
slrak
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Escrow# GW230642 When Recorded Return to: CALOIA & HAUPT
S, \VP\
Title# GW230642 \j$>
1204 GRAND AVE., GLENW00D SPRINGS, CO
,Gptnm
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Form No. 932 Rev 4-94. WA >R�TYt^1dtED (For Photographic Record) 81601
• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION 4- 7S-57
WHEREAS, Meridith Homet has petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption under C.R.S.
(1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted September 1, 1972 and
amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, for the division
of a thirty-five (35) acre tract into three (3) tracts of approximately
11, 12.89, and 11.11 acres each, more or less, and more particularly
described as follows:
A parcel of land situated in the SEq of Section 20, Township
7 South, Range 87 West of the Sixth Principal Meridian, County
of Garfield, State of Colorado, said Parcel of land is described
as follows:
Beginning at a point on the Southerly line of said Section 20,
whence the Southeast corner of said Section 20 bears: N89°19'41"
E., 1143.00 feet; thence S89°19'41" W., 186.00 feet, more or less
along said Section line to a point in a fence as constructed and
in place: thence North 19.50 feet to angle point in said fence;
thence N89032'41" W., 969.37 feet along said fence; thence North
1316.31 feet to point in the Southerly fence of a County Road
as constructed and in place; thence S89°34'39" E., 1155.34 feet
along said County Road fence; thence South 1332.81 feet to the
point of beginning.
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that he desires
said exemption for the purpose of re -sale into single-family residential
acreage; and,
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is
reasonable probability of locating domestic water on each of said 11, 12.89,
and 11.11 acre tracts, that there is adequate ingress and egress to said tracts,
that the location of septic tanks will be permitted by the Colorado Department
of Health, that the requested division is in accordance with the general
purposes and intent of the Subdivision Regulations of the State of Colorado and
the County of Garfield and should, therefore, be exempted from the definition
of the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973)
Section 30-28-101 (10) (a) -(d) as amended;
NOW THEREFORE, upon motion of 4(eUeAtt.��
as e. , seconded by
C.. Jot, and carried, said thirty-five acre tract of land is
hereby exempted from such definition and transfer of said tract may be made
by division into three (3) tracts of 11, 12.89, and 11.11 acres each, more or
• •
less, all as is more fully described above and further that said exemption
is conditioned upon the Petitioner obtaining a proper legal description of
said tracts prior to any conveyance thereof. A copy of the instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this 7 day of , , A.D., 1978.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Attest:
.1
Deputy Cl : r of the B
of Count Commissioners,
Garfield County, Colorado
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