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HomeMy WebLinkAbout1.0 BOCC Staff Report 07.06.1998• • BOCC 7/6/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for an Accessory Dwelling Unit. APPLICANT: Dieter and Carina Sander LOCATION: A parcel of land located in a portion of Section 35, T5S, R90W of the 6`h P.M.; located approximately four (4) miles east of New Castle, off of County Road alt. 133 SITE DATA: 35 Acres WATER: Domestic Well SEWER: Individual Sewage Disposal System (ISDS) ACCESS: County Road 138 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the proposed accessory dwelling is located in District E - Rural Areas, severe to moderate environmental constraints, as designated by the 1984 Garfield County Comprehensive Plan. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located approximately four (4) miles east of New Castle, off of CR 138. The properties located in the area are generally large lots residential or agricultural operations, located on a mesa above the Colorado River. (See application pgs. S4 ) B. Development Proposal: The applicants propose to build 800 sq. ft. accessory dwelling. The ADU is proposed to conform to Section 5.03.021, of the Garfield -1- • • County Zoning Resolution, which governs these units. The ADU will share an existing well and have an ISDS for sewage disposal. III. MAJOR ISSUES AND CONCERNS A. Zoning: The subject parcel is zoned A/R/RD and was created as a exempt parcel not subject to the subdivision regulations. Section 5.03.021 of the Zoning Resolution requires that the parcel meet certain criteria: 1] The minimum lot size shall be four (4) acres containing a building site with slope less than 40% at least two (2) acres in size. The lot is over the four (4) acre minimum and is relatively flat. 2] The gross floor area for residential occupancy shall not exceed 1500 square feet. According to the application, the proposed ADU, the floor area devoted to residential occupancy will be approximately 800 square feet. 3] Approval from the subdivision homeowner 's association and/or allowed by covenant, if applicable. There is a homeowners association for the Senor Mesa exemption, which has covenants that allow for an accessory dwelling of at least 800 sq. ft.. 4] Proof of a legally adequate source of water for an additional dwelling unit. The application contains a well permit for the existing lots that allows for four (4) single family dwellings to use it. 5] Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. The applicants are proposing to build an ISD system to be in compliance with the County ISDS regulations. 6] Only leasehold interest in the dwelling unit is allowed. The applicant is proposing to use the accessory dwelling as guest room/apartment and there is no separation of the property proposed. 7] That all construction complies with the appropriate County building code requirements. If approved, the applicant would be required to apply for and receive the appropriate building and ISDS permits. -2- • • Section 5.03 of the Zoning Resolution sets forth the requirements that all special uses must meet, to wit: 1] Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in conjunction with the proposed use; The exiting well permit will legally supply four (4) dwellings, and will be capable of serving the ADU. 2] Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Access to the lot is via County Road 138 and a private drive. The existing road system is adequate to meet the needs of the proposed dwellings. 3] Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; This provision is generally concerned with the aesthetics of development and the application proposes to remodel an existing building. Given the established character of the neighborhood, it is staffs opinion that the proposed land use would not alter or degrade the neighborhood's aesthetic character. IV. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were discussed within the Special Use Permit application and the public hearing. 3. That the application is not in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed land use is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. -3- • • V. RECOMMENDATION Staff recommends approval of this application, with the following conditions of approval: 1. That all proposals of the applicant, made in the application and at the public hearing, shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners. 2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended. 3. That the accessory dwelling unit shall adhere to the following standards: "No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid - fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning Resolution in Section 1.08, which states among other things, that "residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector." -4- APPLICATION • 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 4 . 1998 Base Fee: $400 Cheek#7412 Applicant: Dieter Sander and Carina Sander 0142 Peachblow Lane Address of Applicant: Basalt , Colorado 81621 Telephone:927-3427 Special Use Being Requested: Accessory Dwelling Unit Zone District: A/R/RD Size of Property: 6.686 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 proposing 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] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. 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 Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The information c• . -d within this application is complete and correct, to the best of my knowledge: Applicant: .,1.0 CAA kiI a /(I/'i Date: May 4, 1998 5 Dieter Sander • 0142 Peachblow Lane Basalt, Colorado 81621 (303) 927-3427 May 4, 1998 Garfield County Planning Department 109 Eighth Street Glenwood Springs, Colorado 81601 Submitted herewith is our special use application for an accessory dwelling unit on Lot 2 of the Senor Mesa Exemption, consisting of: Garfield County Form for Application for Special Use Permit. Answers to Paragraphs 1] through 7] of county form. Answers to Paragraphs (1) through (7) of Section 5.03.021 of the Zoning Regulations. Existing Well Permit #167567 allowing for 2 dwelling units. WDWCD Water Allotment Contract #980115DS of Jan. 22, 1998. USGS Quadrangle Sheet (excerpt), showing the Senor Mesa Exemption Lots and highways and roads on the vicinity. Excerpt of County Assessor's Map #2123 showing adjacent properties. List of adjacent landowners and their addresses. Copy of the deed to Lot 2, Senor Mesa Exemption. Excerpt of the Senor Mesa Plat, showing Lot 2. Legal description of Lot 2. Copy of the Senor Mesa Covenants and Amendment thereto. Check #7412 for $ 400.00 application fee. If any additional information is required, please let me know. Sincerely, • • Special Use Application for Accessory Dwelling Unit Lot 2, Senor Mesa Exemption, Dieter and Carina Sander 1] Plans and specifications for the Accessory Dwelling Unit will be submitted with the Building Permit Application. Occupancy will be continuous. Vehicle access is estimated at 60 to 90 trips per month. The size of the ADU will be a minimum of 800 square feet as required by the Senor Mesa covenants and will not exceed 1,500 square feet of gross residential floor area as required by Garfield County regulations. 2] The domestic water supply is an existing well on Lot 2 shared by Lots 2 and 4. The ADU water usage is 100 gallons per day. Waste water will be treated by a septic system built to Garfield County standards. We have applied for the expansion of the existing well permit, a copy of which will be submitted as soon as it is received. A copy of our Water Allotment Contract with the West Divide Water Conservancy District is attached. We have rights to 0.1 CFS of water out of the Virginia Ditch for irrigation. 3 & 4] Attached is a copy of the USGS Storm King Mountain Quadrangle Sheet, on which are shown the Senor Mesa lots and Interstate Highway 70 and State and County roads in the vicinity. There are no existing structures on this lot. The access road to Senor Mesa from County Road 138 is shown on the USGS map and on the attached Senor Mesa plat (Rec.#429625 Dec.5, 1991) a copy of which is attached. 5] A copy of the county assessor's map is attached, showing the adjacent ownerships, and also a list of the adjacent landowners and their adresses. 6] Attached are copies of the deed to our lot and copies of the plat and legal description of our property. 7] Not applicable. • • 5.03.021 Accessory Dwelling Unit (1) The size of Lot 2 is 6.686 acres, almost all of which slopes less than 40%. (2) The gross floor area of the Accessory Dwelling Unit will not exceed 1,500 sgare feet. (3) The use is allowed by the Senor Mesa Covenants (Rec. #432967,826/907) and Amendment (Rec.#442455,850/567) copies of which are attached. (4) The existing Well Permit #167567 allows for fireprotection, ordinary domestic use for 2 single family dwellings, irrigation of 1 acre of home garden and lawns and watering of domestic animals. The West Divide Water Conservancy District has approved Water Allotment Contract #980115DS(a) for 4 acre-feet. The permit to expand the existing use has been applied for and is expected shortly. The expanded permit will provide the legal water supply for 2 dwelling units on each of Lots 2 and 4. (5) Sewage disposal will comply with county regulations for individual sewage disposal systems. (6) The main house and accessory dwelling unit will be in one ownership. (7) All construction will be in compliance with Garfield County's Building Code and regulations. Form N (1WS-25 APPLICANT OFFICE OF THOTATE ENGINEER COLORADO DI ON OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 DIETER SANDER 0142 PEACHBLOW LANE BASALT CO 81621- (970) 927-3427 ic";,/"efw Cgew let LIC WELL PERMIT NUMBER 049807 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: 2 Block: Filing: • Subdiv: SENOR MESA APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 35 Twp 5 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 1324 Ft. from North Section Line 1325 Ft. from East Section Line EXPANSION OF USE OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the expansion of use of an existing well, permit no. 167567, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #980115DS(a). Issuance of this permit hereby cancels permit no. 167567. 4) The use of ground water from this well is limited to ordinary household purposes inside four (4) single family dwellings, the irrigation of not more than 24,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 20 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed four (4) acre-feet (1,303,400 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The well shall be located not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) Pursuant to the terms of the West Divide contract, this permit has been approved for a withdrawal amount of 4 acre-feet and up to 24,000 square feet of irrigation. (The application requested 2 acre-feet and one acre of irrigation.) You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.).A APPROVED � T JD2 State Engineer �q By Receipt No. 0426606 DATE ISSUED MAY 0 5 1998 EXPIRATION DATEMAY 0 5 1999 • • Contract# 980115DS (a ) Map ID # 271 Date Activated 1/22/98 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Name of Applicant: Dieter Sander Quantity of Water in Acre Feet: .. Lk 7) Applicant, hereby applies to the West Divide Water Conservancy District., a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, X37-45-101, et seq. (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned. leased, or hereafter acquired by the District. By execution of this contract/lease and the attached application. Applicant. hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. It at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant. by the District, shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0541 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District. or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for 1 / 0 - said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto.‘ Applicant is solely responsible for providing works and tacilit.ies necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall 2 • • require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with. such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. • 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of up to 6,000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide at its own expense an adequate measuring device or meter to continuously and accurately measure at all time:: all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. 18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges MIL it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 4 21. Warming: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER 10 DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. Applicant: Applicant address: 0142. Peachblow Lane, Basalt, Colorado 81621 STALE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 15i" day of _„ } 1r,[Lt U 1998, by D LT ER SRN Th 3 Witness my hand and official seal. My commission expires: MY COMMISSION EXPIRES SEPTEMBER 26, 2000 ORDER • 1 4‘• Notary Public After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. ATTEST: Secretary WEST DIVIDE WATER CONSERVANCY DISTRICT By Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: 0 3. Map showing location of point of diversion (use map provided) Application and Data Form fully completed and signed 6600 0 .vi zoo l;/ ✓j J �' ( r i,r- N • ���, � '/ 3;. it 7 i 0 • 1 -- • Ia 1 L •) - `" �M Z� I 68*2� I . o 0_ O O o M W TOW CL 0 U to � t 1 0.4 ..- ............._ • • • . . co N I r I N I � 0\ I �4 Z S J m Adjoining 2183 4 44 4 4 • .. ....i Q � M r7 I ll \lt�llllll 1 W � \\� Utllllli II, ? l cD 4 ., 4 4 4 *4_4_4 4.1.E* *...,..�.�..�.�.�� 4 2123-344-005 2123-344-006 8 1/141 e✓ SN 7fib'£ LOT 1 1.246.286 eq. 11. 28457 AG +/- EXISTING ROAD (APPROX) 1!3 70 N1/4 CORNER 31EVIION SS IIRRIGATION DITCH • r (LOCATION APPROX.) 58I?1VrE 37E51' 5 arst !8" E 87Y 17.51 LOT 2 !61.24 sq. ft. $.P6 AC. 4/- S 8911.58' E 1263.73 • S'3 SM31Y0'E 744.10' LOT 3 1133,889 sq. ft. 14.E32 AC. +/- SS ACtX3X 1,1111.11Y DairSo mow u,r 31 sarfrrE sem' 1.001.433 sq. ft. j 23.173 AC. 4/- 1 q IY �P I� LOT 4 C PENDERGAST DITCH p xl of PARCEL iWUJ S1i -Misr EXEIPTION 11 1701'4/` W SIAS ' wow unmoor . t, w_� MPH it Ia16a1LY 1W 10U1HOLY WI'CWAY CONNECTS AS SOW 4r CS THE 11/1 AIS **T 0111.1 II MY MOM= AS It CO.1101 MI 3/5742 N 0930'42' W LA 1 15 FT 'WA7ERUNE EASF]IENT AND 20 FT. 41.1. 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The undersigned being all of the owners of the real property described as the Senor Mesa Exemption according to the Plat recorded on December 5, 1991 as Reception No. 429625, Garfield County Records, hereby execute and shall cause to be recorded these Protective Covenants for the Senor Mesa Exemption effective as of the 26th day of December, 1991. 11. LANDS COVERED - DEFINITIONS. 1, "Lot" means a platted Lot located within the Senor Mesa Exemption. 2, "Senor Mesa Exemption" means all of the Lots in the Senor Mesa Exemption III. GENERAL; PURPOSES, SENOR MESA EXEMPTION MEMBERSHIP. 1. General Declaration. The owners of the Senor Mesa Exemption declare the following Protective and Restrictive Covenants for the use and benefit of those who, from time to time, shall hold title to or otherwise have an interest in the Lots comprising the Senor Mesa Exemption. 2. Purpose. The intention of the owners as expressed by their execution of this instrument, is that the lands within the Senor Mesa Exemption be developed and maintained as a highly desirable rural residential area. These covenants are intended to protect, insofar as possible, the scenic and secluded quality of the Senor Mesa Exemption, together with giving atnple consideration to the present environment, view, and surroundings of the Senor Mesa Exemption so that the rural residential development will be in harmony with the aforementioned qualities. IV. GENERAL RESTRICTIONS. 1. Animals. Owners and lessees of Lots within the Senor Mesa Exemption may have ordinary household pets, including horses, belonging to the household on each Lot. No more than four (4) dogs shall be allowed on each Lot. Such pets shall be kept and restrained exclusively within the boundaries of the pet owner's Lot and must not annoy the owners of other Lots. Any owner or lessee of a Lot in the Senor Mesa Exemption shall remove any household pet which is not disciplined or which does constitute an undue annoyance to owners and lessees of Lots within the Senor Mesa Exemption or adjacent property. Owners and lessees of Lots within the Senor Mesa Exemption may have such other animals, so long as such ' animals are bred, raised and kept in conformity with the purposes of these covenants. In addition to household pets, .horses, cattle, sheep, goats or other animals, numbering not more than ten (10) in aggregate, are permitted to be bread, raised or maintained on each Lot; provided that no animals may be bred, raised 4 i JUL-28-1992 15:52 FROM -CNE TRUST DEPT TO 19457712 F'.O06 or kept for commercial purposes. 2. Service Yards and Trash. All clothes lines, equipment, service or storage piles on any Lot in the Senor Mesa Exemption shall be kept screened by adequate planting or fencing so as to be concealed from the view of neighboring Lots and streets and access roads. All rubbish and trash shall be removed from all Lots and shall not be buried or incinerated or allowed to accumulate. V RESTRICTIONS ON LOTS. 1. Number and Location of Buildings. No buildings or structures shall be placed, altered, erected, or permitted to remain on any Lot other than: (a) One (1) detached primary single-family dwelling with a minimum of eighteen hundred (1,800) square feet, as measured on the outside of the building, excluding porches and garages; and (b) One (1) detached guest or servant house with a minimum of eight hundred (800) square feet; and (c) Such other buildings as are permitted by Garfield County land use, subdivision and zoning laws. 2. Setbacks. All buildings and structures on all Lots in the Senor Mesa Exemption shall be set back at least two hundred (200) feet from all Lot boundary lines. 3. Antennae. Exposed or outside radio, television or other electronic antennae shall be allowed on any Lot, so long as they do not unreasonably or adversely affect view planes from neighboring Lots. 4. Tanks, Except for the storage of propane, no elevated tanks of any kind shall be erected, placed or permitted upon any Lot. Any tank used in connection with any dwelling house or other structure on any Lot, including tanks for storage of gas, fuel oil, gasoline, oil or water, shall be buried. 5. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, travel trailer, mobile home, modular home, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot except during construction periods and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. 6. Exterior Lighting and Sound. No exterior lights or light standards, or any exterior sound generating or emitting system on a Lot shall be constructed, created or permitted so as. to cause- lighting and sound nuisances to other Lots within the Senor Mesa Exemption. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or tolerated on any Lot within the Senor Mesa Exemption. -- JUL-23-1992 15:53 FROM •JB TRUST DEPT TO 1.9457712 P . tDDD? 7, Fences. It is the general intent of these covenants that all perimeter fencing within the Senor Mesa Exemption have a continuity of appearance in keeping with the native setting and surroundings of the Senor Mesa Exemption. All perimeter fencing shall be of a non -view obstructing ranch type rail nature not to exceed six (6) feet in height. Barbed wire fences shall be permitted. 8. Automobile Repair and Unlicensed,Automobiles. No unlicensed automobiles or other vehicles shall be allowed to remain on any Lot within the Senor Mesa Exemption, except for farm vehicles used upon such Lot. 9. Operation of Motorized Vehicles. Dune buggies, motorcycles, trail bikes, snowmobiles and other motorized vehicles with appropriate muffler or other noise controls shall be permitted for use in property maintenance, but such vehicles shall not be operated on any Lot in the Senor Mesa Exemption for recreational purposes. VL ENFORCEMENT. 1. Enforcement Actions. Any Lot owner shall have the right to prosecute any action to enforce any of the provisions of any or all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of any other Lots in the Senor Mesa Exemption. In addition, each owner of a Lot within Senor Mesa Exemption shall have the right to prosecute any action for damages by reasons of any violation of these covenants. 2. Limitations, on Actions. In the event any construction or alteration or landscaping work is commenced on any Lot in the Senor Mesa Exemption in violation of these covenants and no action is commenced within ninety (90) days thereafterhbut to o restrain such violation, then injunctive or equitable action for damages shall be available to any party aggrieved. Said ninety (90) uay limitation shall not apply to injunctive or equitable relief against other violations of these covenants. VII. GENERAL PROVISIONS. 1, Existing Non -Conformities. The buildings and structures located on Lot 3 of the Senor Mesa Exemption do not strictly comply with the terms of these Protective Covenants. As such, they shall be deemed non -conforming structures. In the event of damage or destruction of all bany n etntitted to restore orn of the nents located replace such upon Lot 3, the owner of Lot 3 shallp improvements provided the replacement or restored structure does not exhibit a greater degree of non -conformity from these covenants than the existing improvements. 2. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the Lots in the Senor Mesa Exemption., arid the J L IUip • benefits and burdens of all said covenants shall run with the title to all of the Lots. 3. Termination and Amendment of Covenants. These covenants may be terminated or amended by a vote of three-fourths of the Lot owners of the Senor Mesa Exemption, said vote to be cast at any meeting called for the purpose, provided a properly certified copy of the Resolution of Amendment be recorded in the Garfield County, Colorado real property records. The foregoing notwithstanding, these protective covenants, shall not be amended or terminated except by unanimous vote of the owners until such time as two (2) of the four (4) Lots in the Senor Mesa Exemption have been sold and conveyed by thc' undersigned Trustee or its successor in interest. 4. Hunting,' Use of Firearms. Hunting of any type on the Senor Mesa Exemption or any properties covered by these covenants shall be forbidden and prohibited throughout the year. The use of firearms for recreational purposes or for target practice shall be restricted to especially constructed and supervised enclosures to avoid accidental injuries and damage. 5. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 6. Paragraph Iieaclings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. Lee Finnell THE COLORADO NATIONAL BANK OF DENVER, Trustee Under the Will of H.P. William , Jr. By: / //d -a> Homer L. Hancock, Vice President ?ec1 W2 5.— e. 2 d 1yfb 7 • AMENDMENT TO PROTECTIVE COVENANTS OF SENOR MESA EXEMPTION I. RECITALS. A. There are presently in effect and of record in Garfield County, Colorado as Reception No. 432967 in Book 826 at Page 907, Protective Covenants of Senor Mesa Exemption. B. The undersigned are all of the owners of the real property subject to' said Protective Covenants and more particularly described as Lots 1 through 4, inclusive, Senor Mesa Exemption, according to the Plat recorded as Reception No. 429625 of the records of Garfield County, Colorado, and desire to amend and modify said Protective Covenants in the particulars set forth below. II. AMENDMENT TO PROTECTIVE COVENANTS OF SENOR MESA EXEMPTION. The undersigned hereby amend and declare the amendment of the Protective Covenants of Senor Mesa Exemption by the deletion of Article V. Restrictions on Lots paragraph 2. Setbacks, in its entirety and substitutes in its place and stead the following provision, to wit: " 2. Setbacks. All buildings and structures on Lots 1 and 3 of Senor Mesa Exemption shall be set back at least 200 feet from all boundary lines of said Lots. All buildings and structures on Lot 2 of Senor Mesa Exemption shall be set back at least 50 feet from all interior boundary lot lines (lot boundary lines which are common to said Lot 2 and any of said Lots 1, 3 and 4) except for the interior boundary lot line common to said Lots 2 and 4 where the set back shall. be 150 feet on either side of said common lot line, and there shall be no set back restriction on the exterior boundary lot line of Lot 2 (that portion of the easterly boundary of Lot 2 which has no common boundary line with said Lot 4). With the exception of the common lot boundary line between Lots 2 and 4, all buildings and structures on Lot 4 shall he set back at least 200 feet from all boundary lines of said Lot 4." • III. CONFIRMATION OF PROTECTIVE COVENANTS OF SENOR MESA EXEMPTION Except as amended and modified in the particulars set forth above, all other provisions of the Protective Covenants of Senor Mesa Exemption recorded as Reception No. 432967 in Book 826 at Page 907 of the Garfield County, Colorado records, are hereby confirmed and shall be and remain in full force and effect in accordance with the terms thereof. The foregoing Amendment to Protective�,q venants of Senor mesa Exemption is executed and declared this =!day of !December' - 1992, to be effective on the date of recordation thereof in the records of Garfield County, Colorado. -$1 aze 6-24 STATE OF COLORADO COUNTY OF GARFIELD day Dieter Sander Carina Sander CL\\ti' L\(\,t t, Kath yn E. Wi ams Lee Finnell A Adams qt2- Hiro,Teiva ss. The foregoing instrument was acknowledged before me of December , 1992 by Dieter Sander and Carina Sander. Witness my hand and official seal. My commission expires % - J 8 - 7s SEAL: MELISSA A. MARMOLIJO COMM. #978160 Notary Public California ORANGE COUNTY My Commission Exp. 11118/96 �cc�cv�c�c�c�c�cc�cc�c�c��c�c_c this 15-4 Notary Public 2 • • STATE OF COLORADO COUNTY OF ('r�Lrf i eid ss. The foregoing instrument was acknowledged before day of December 1992 by Kathryn E. Williams. Witness my hand and official seal. My commission expires My Commission expires 9-10-94 SEAL: STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) ''fAJ_,J ( � ry Ped tic The foregoing instrument was acknowledged day of aaer, 1992 by Lee Finnell. cern .s-- Witness my hand and official seal. My Orumission expires • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 11 tt",L11"t11ti1 11�1ti1 1 •`1�'�1'�11. State of C ALIFORN1A_ County of ORANGE } me,,,this: before me this /611-1 I r ami {icm--4.:ve.g1 ary Public UnPee, --� ��� before me, MELISSA A. NIARMOLIJO, Notary Publ. i -c DA1 E NAME, TI ILE OF OFFICER • E.G., "JANE DOE, NOTARY PUBLIC" personally appeared fiteAriiCe-- AA3A1 ADD S -767V4 a.n' ff/✓L° 7ELV4 NAMES) OF SIGNERS) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and ac- knowledged to me thati"re{sk.e/they executed the same in t}ia/hcr-/their authorized capacity(ies), and that by tri-s/hei/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed tree instrument. rA cc4 tY 4-ts-4,•e - O R - MELISOA A. MATiM01.IJ0 COMM. its,n7 31 nr � Notary Public Cahfcrnta ORANGE COUNTY f My Commission Exp 11/ 10/96 .c�rtvv�cc�ccv^c ^.�!Ccv I/ i i -SS my hand and ofllclai seal. No. 519 OPTIONAL SECTION =mu CAPACITY CLAIMED BY SIGNER Though statute does not require the Nota,y to fill in the data below, doing so may prove invaluable to persons relying on the document. IXIIINDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) El LIMITED GENERAL E] ATTORNEY IN -FACT TRUSTEE(S) [] GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN FITY(IL:.) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form, SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTIIER THAN NAMED ABOVE 1�► �'` t1 •`1'1. t ~~'��' 11"`1111\ \11.. \1'7�1�A11"��--� ©1992 NATIONAL. NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-718