Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 05.05.2003EXHIBITS CHAPMAN SPECIAL USE PERMIT Board of County Commissioners — May 5, 2003 Exhibit A: Proof of Certified Mailing Receipts Exhibit B: Proof of Publication Exhibit C: Garfield County Zoning Regulations of 1978, as amended Exhibit D: Garfield County Comprehensive Plan of 2000, as amended Exhibit E: Staff Report dated May 5, 2003 Exhibit F: Application Materials Exhibit G: Letter from Jake Mall, Garfield County Road and Bridge Department, dated February 19, 2003 Exhibit H: Staff Report dated February 10, 1999 Exhibit 1: Resolution No. 99-063 Exhibit J: Special Use Permit recorded in the Garfield County Clerk and Recorder's Office on August 10, 1999 Exhibit K: Floor plan of existing residence to be converted to an ADU from building permit file BOARD: 5/5/03 TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Special Use Permit for an Accessory Dwelling Unit ("ADU") SUMMARY OF REQUEST: The Applicant requests approval for the conversion of an existing residential unit to an ADU APPLICANT(S): Frank and Marianne Chapman LOCATION: EXISTING ZONING: ADJACENT ZONING: The subject property is addressed as 3409 County Road 315, Silt. A/R/RD (Agricultural / Residential / Rural Density) A/R/RD ACCESS: Access is off of County Road 315 I. DESCRIPTION OF THE PROPOSAL: A. Development Proposal: The Applicant requests approval to change the status of the approximately 1,232 square foot single-family residence, from primary residence to an Accessory Dwelling Unit ("ADU"), in order to allow for the construction of a new residence on the upper bench of the property. B. Site & Project Description: The subject property contains approximately 35 acres. The property is located about 3 1/4 miles south of Exit 94 (Airport Exit) on the west side of County Road 315. The subject property is improved with the existing residence, to be converted to an ADU, and a shed. These improvements are located at the farthest southeast corner of the subject property immediately adjacent to County Road 315. Chapman Special Use Permit BOCC — 5/5/03 Page 2 The property has two very distinct benches which are separated by a well-defined ravine that traverse the property from west to east. The upper bench of the property is delineated as the "approx. top of slope" on the site map. The ravine actually begins along the west corner of the "approx. top of slope" and runs to the east towards the area identified on the site map as "gravel storage area". The existing residence is served by a well and septic system. The Applicant is proposing to extend service from the existing well to the new residence, on the upper bench, and a new septic system will be installed for the new residence. There is an area designated on the site map as a gravel storage area. This area lies between the two benches of the property within the opening of the well-defined ravine. There is existing access to this storage area off of CR 315. This area is gated as seen in the photographs below. View of storage area north off of CR 315 View of storage area southwest off of CR 315 C. Background: The previous property owner received a Special Use Permit ("SUP") in 1999, to allow recreational vehicle storage. Exhibits H, I, and J, provide reference to the approval granted in 1999. It is staff's position, that the approval granted through the SUP process in 1999, although not reflected in the Resolution of approval and the actual permit, was to allow for the storage of recreational vehicles, ranging from boats, ATVs, and motor home, and not for gravel storage as delineated on the site plan. Any uses outside of the approved SUP would require a new Special Use Permit. D. Zoning: The subject property is zoned A/R/RD (Agricultural / Residential / Rural Density). Chapman Special Use Permit BOCC — 5/5/03 Page 3 The zoning adjacent to the subject property is also A/R/RD. The A/R/RD zone district allows for a minimum lot area of 2 acres. E. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive Plan of 2000, as "Outlying Residential." Outlying Residential is consistent with the underlying zoning, which in the case of A / R / RD is a minimum lot area of 2 acres. The subject property is located outside of the 2 mile sphere of influence for both the City of Rifle and the Town of Silt. F. Road/Access: The property has three accesses points off of County Road 315. One access driveway is for the existing residence, a second access driveway is for the storage area, and the third is the new driveway recently constructed to provide access to the upper bench of the property for the new residence (see photograph on the right). G. Applicability: Pursuant to Section 9.03 of the Zoning Resolution, an application for a Special Use Permit ("SUP") shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comments. Comments that were received have been integrated throughout this memorandum where applicable. 1. Road and Bridge: No issues (Exhibit F) 2. City of Rifle: Indicated in a voicemail message that they had no issues with the request. 3. Rifle Fire Protection District: No comments III. REVIEW CRITERIA FOR SPECIAL USE PERMIT Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only: 1. Based on compliance with all requirements listed herein, and; Chapman Special Use Permit BOCC — 5/5/03 Page 4 2. Approval by the County Commissioner, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or required additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use. Response: Staff sees no reason for the BOCC to require any special conditions in addition to those conditions listed under Section VI of this memorandum. SECTION 5:03 Pursuant to Section 5.03, special uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, plus the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response: There is an existing well and septic system that serves the existing residence. A well permit was issued by the Division of Water Resources in 1996. This permit has been changed to the Applicant's name and the appropriate documentation has been submitted with the application. Item 4 of the permit states "the use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acres of home gardens and lawns and the water of domestic animals." In addition to serving the existing residence, the existing well will service the new residence. Copies of pump tests of the existing well were not provided. The Applicant will need to provide a pump test for the existing well in order to determine whether it is suitable to service two residential units. The pump shall be tested for 4 hours and shall pump no less than 100 gallons of water per person, per day, assuming an average of no less than 3.5 people per dwelling. In addition, a water quality test of the existing well shall also be provided. The Applicant proposes to install new septic system for the new residence. 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. Chapman Special Use Permit BOCC — 5/5/03 Page 5 Response: No proposed expansion to the existing access is necessary or requested for the existing residence or the storage area. A new driveway has been installed for the new residence. Jake Mall of the Road and Bridge Department provided comments which can be seen in more detail in Exhibit G. Mr. Mall noted that the driveway permit submitted with the application had expired and that there were some issues with spillage of materials on the county road generated by the construction of the new driveway. The Applicant has been working with the Road and Bridge Department to address the concerns raised by Mr. Mall in his letter. Mr. Mall verbally noted to Staff that the issues have been addressed by the Applicant and a driveway permit is in the process of being issued. 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. Response: The existing residence, to be converted to the ADU, is visible from County Road 315. There is existing vegetation along the county road that provides some screening of the residence. In addition, the Applicant is installing a berm along the county road to provide additional screening and for safety and noise purposes. No signage is anticipated and standard residential lighting is utilized. IV. CRITERIA FOR ACCESSORY DWELLING UNIT (SECTION 5.03.21) Pursuant to section 5.03.21 of the Zoning Regulations, use of a structure as an accessory dwelling unit approved by Special Use shall meet the following standards, as well as all other standards applicable to residential use: 1. The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. Response: The property contains over 35 acres. The existing and proposed improvements avoid slopes in excess of 40%, except for the newly constructed driveway. 2. The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Response: The existing residence contains approximately 1,232 square feet, according to the building permit file, which does not exceed the maximum floor area allowed. 3. Approval from the subdivision homeowners association and/or allowed by covenant if Chapman Special Use Permit BOCC — 5/5/03 Page 6 applicable. Chapman Special Use Permit BOCC — 5/5/03 Page 7 Response: The property is not located within a subdivision. No covenants are applicable to this property. 4. Proof of a legally adequate source of water for an additional dwelling unit. Response: The existing well serves the existing residence, the proposed ADU. Discussion regarding the existing well has been addressed previously in this memorandum. The existing well will provide water to the new residence on the upper bench. 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. Response: A septic permit (No. 2894) was issued for the septic system that serves the existing residence which was installed in the 1998. The Applicant is proposing to install a new septic system for the new residence on the upper bench. 6. Only leasehold interests in the dwelling units are allowed. Response: The Applicant will comply with this requirement. The ADU will not have a separate ownership interest. 7. That all construction complies with the appropriate County building code requirements. Response: A Certificate of Occupancy was issued for the residence on January 28, 1998 (Building Permit No. 6565). No improvements have been made to the residence since its installation and none are anticipated. A copy of the floor plans of the residence that was submitted with the building permit application is attached as Exhibit K. V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit has been determined to be in the best interest of the health, safety, morals, convenience, order, Chapman Special Use Permit BOCC — 5/5/03 Page 8 prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Special Use (Sections 5:03 and 9:03) in the Garfield County Zoning Resolution of 1978. 5. That the applicant has met the requirements of an Accessory Dwelling Unit (Section 5.03.21) in the Garfield County Zoning Resolution of 1978. VI. RECOMMENDATION: Staff recommends that the Board APPROVE the Chapman Special Use Permit for an Accessory Dwelling Unit, subject to the following conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. Prior to the issuance of the actual Special Use Permit, the Applicant shall: a. Provide a four (4) hour pump test on the existing well. The well shall at a minimum provide 100 gallons of water per person, per day assuming an average of no less than 3.5 people per dwelling. b. Provide a water quality test for the existing well. 3. Only leasehold interests in the ADU shall be allowed. The unit may not be sold separately. 4. Any changes to the Special Use Permit [under the name Gleason] granted by the Board of County Commissioners to the property in 1999, for the storage area to allow recreational vehicle storage, will require a new Special Use Permit. • The Applicant shall obtain an updated driveway permit from the Garfield County Road and �V Bridge Department. b EXHIBIT C GrARFIELD COUNTY Building cit Planning Department Review Agency Form Date Sent: 3/19/2003 Comments Due: 4/11/2003 Name of application Chapman SUP / ADU Sent to: Garfield C,pumy Road and Bridge _Dept. Garfield County requests your continent in review of this project. Please notify the Planning Department in the evem you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, emailed, or faxed to: Garfield County Building & Planning Staff contact: Tamara Pregl 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: As the drivewa rani for this location has beenired since 9/30/2001and no extension has hen granted or the driveway completed.to the provisions mmt forth in edriven y permit Qsjfield C:o ty Road $ridge D artment would r u Sit thts Si JP / ADU nc wanted anti! the F32a�isions of the drirmit ra�completid attd signed off by our department We have also hail prgblems wi h e li - t r vi a k on th ved r urfke of Crbetwoen his present dwelling d the rt v lotion. During const o of .1.• i.4 • ss ro .• e , +,: i.: ti tt.L. 1411 _. { of dal n ted b vonstnt ion of the road was ailowed t tlow into a new fence built by the neighbor to the north. 1 believe that this shoo!! loo. :0 o ; ;;z r as a condition to the appliSttion. I would like to_seelguAge isaues commegt.4d on by Jeff Nelson to preyent pproblems in the future Name of review agency: Garfield County ad ride t By: Jake B, Mall rg 3nVd goarae QNV QVOl Date 3/21/2003 Revised 3/30/O0 LG9ESZ9 S£:LZ coez /9Z/Eo REQUEST: vehicle storage in the A/R/RD zone. APPLICANT: Patricia Gleason PROJECT INFORMATION AND STAFF COMMENTS EXHIBIT 14 - PC 2/10/99 A special use permit to allow Recreational LOCATION: A tract of land located in portions of Section 6, T6S, R92W of the 6th P.M.; 3409 C R 315, Mamm Creek Road, 3.4 miles south of I-70 SITE DATA: 35 Acres WATER: N/a SEWER: N/a ACCESS: CR 315 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is classified as District C, Rural Areas in the 1984 Garfield County Comprehensive Plan. This District is characterizes as a rural area with minor environmental constraints. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located south west of Silt on Mamm Creek. (See location map pg. If ) B. Project Description: The proposal would utilize a 1/2 acre potion of the property to allow seven parking spaces for the storage of recreational vehicles ranging from boats and ATVs to motor homes. Hours of operation would be daylight hours by appointment. The site is generally hidden by terrain except those portions to the east along CR 315. The applicant is proposing to construct a screening fence to mitigate this impact. (See Pg. b) III. MAJOR ISSUES AND CONCERNS A. Zoning: The proposal is a special use as indicated in Section 3.02.03, Uses, Special of the Zoning Resolution of 1978, as amended. Legal Access: Legal access will be provided by CR 315, with a looped entrance and exit design. (See Pg. 4, ) Traffic generation is estimated by the applicant to be as follows: Daily Use: Up to 1-2 trips/day Site Design. The site plan indicated a total of seven parking areas. Each area may contain up to two units. There is no fire protection equipment or water storage indicated on the plan. IV. SUGGESTED FINDINGS That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. That for the above stated and other reasons, the proposed special use permit to allow for a storage is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County and therefore should be denied. V. RECOMMENDATION Staff recommends APPROVAL, finding that the application meets the requirements of the Zoning Resolution, special uses and supplementary regulations, with approval contingent upon the following conditions: That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. The Special Use Permit shall be issued when all conditions are met, and shall expire 180 days after issuance unless the operation has begun. Extensions can be granted by the Board of County Commissioners. The applicant shall obtain approval and periodic inspection by the Rifle Fire Protection District, for compliance with any applicable regulation regarding the storage of combustible material. The applicant shall be limited to a commercial enterprise which is consistent with the definition of Storage as defined in the Garfield County Zoning Resolution of 1978, as amended. The applicant shall sign an agreement with Garfield County granting access to the subject property for inspection to ensure conformance with the conditions of the special use permits. That the permits issued are specific to the use described in the application and are limited to use by the applicant. The permits shall be deemed invalid if the property changes ownership or if the use is substantially changed. That the applicant provide proof of adequate emergency water for the purposes of fire suppression to the satisfaction of the Rifle Fire Protection District, and the County. That the applicant is limited to seven (7) parking areas. The number of units for each area shall be limited to no more than three (3). That the parking and access ways on site be surfaced in such a manner as to prevent negative off site impacts to adjoining property owners or to County roads. 10. Any expansion of the use as indicated in the application shall only be undertaken following approval by the Board of County Commissioners. 11. The applicant shall obtain a building permit for the screening fence. The fence shall be of uniform size, shape and color to the satisfaction of the Board of County Commissioners. 4,tik No WV? > 0 m 0 > 0 0 0 la GD > 0 -D C -0 Z 00 0 0 > X 70 E -< > —I M frt • /• ."-----• -0 70 0 =I / • • ''' -rs 2 0 \< i / / / / • S .•. o>M" .•WE"•W • :A:"::.0p. A‘:.':4. uiz mg ,LMU0 6rgign:0 // %o0e.e(.. i//0f 0.3., • l- a'1 - /0:14 0 03 \ . , \ ‘‘, En 0 11 -Ph 0 > rn Z r ✓ n m > z 0 —I 0 > z 0 z I!DI 11 i IIIII IIIII 11 III IIIII ‚ 11111 1111 111 546852 06/08/1999 03 29P B1133 F ) M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD Ci,,,ivTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 7th day of June A.D. 19 99 _ there were present: John Martin Walt Stowe Larry L. McCown Don Deford Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 9— 0 6 3 A RESOLUTION CONCERNED WITH THE CORRECTION OF THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR PATRICIA GLEASON CONTAINED IN RESOLUTION NO. 99-043. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Patricia Gleason for a Special Use Permit to allow for storage in the Agricultural Residential Rural Density zone district. WHEREAS, the Board held a public hearing on the 5th day of April 1999, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and 111111111111111111111111111111111111111111131111 546852 06/08/1999 03 29P 81133 F ) M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 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 submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for outdoor storage at the site identified in the application, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The Special Use Permit shall be issued when all conditions are met, and shall expire 180 days after issuance unless the operation has begun. Extensions can be granted by the Board of County Commissioners. 3. The applicant shall obtain approval and periodic inspection by the Rifle Fire Protection District, for compliance with any applicable regulation regarding the storage of combustible material. The applicant shall be limited to a commercial enterprise which is consistent with the definition of Storage as defined in the Garfield County Zoning Resolution of 1978, as amended. The applicant shall sign an agreement with Garfield County granting access to the subject property for inspection to ensure conformance with the conditions of the special use permits. That the applicant provide proof of adequate emergency water for the purposes of fire suppression to the satisfaction of the Rifle Fire Protection District, and the County. That the applicant is limited to seven (7) parking areas. The number of units for 11511111111852 11111111 111111iii 111111111133 ! i�1�� HIM 3 of 4 R 0.00 D 0.00 GARFIELD a..1 TY CO each area shall be limited to no more than three (3). 8. That the parking and access ways on site be surfaced in such a manner as to prevent negative off site impacts to adjoining property owners or to County roads. 9. Any expansion of the use as indicated in the application shall only be undertaken following approval by the Board of County Commissioners. 10. The applicant shall obtain a building permit for the screening fence. The fence shall be of uniform size, shape and color to the satisfaction of the Board of County Commissioners. Dated this 7th day of June ATTEStrri O ; r ;, , A.D. 19 99 GARFIELD COUNTY BOARD OF CO P 1 SSIONERS, GARFIELD CI ,COLORADO Chairma Upon motion dulymade and seconded the foregoing R following vote: COMMISSIONER CHAIRMAN JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER A. STOWE n w s adopted , Aye , Aye Aye 1 111111 11111 1 11111 111111 111 INCE"' 111 11111 1111 1111 516892 06/08/1999 03,29? B1133 t9 M RLSDORF 4 of 4 R 0.00 D 0.00 GARFIELD NTY CO STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111111/4111111 1111111111 I'" "1111111 1111111111111 550309 08/10/1999 11:44A'L,i144 P655 M ALSDORF 1 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT Patricia Gleason EXHIBIT a In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 99-063 of the Board of County Commissioners of Garfield. County, State of Colorado, hereby authorizes, by Special Use Permit, the following use: Outdoor Storage in the A/R/RD Zone on the following described tract of land in Garfield County, Colorado: See Attached Exhibit A The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTg, OLORADO Chaff Date 1111111 IIIA HT UJ 111111111111 III 11111 1111 1111 811238 12/03/1$ori1r 1 01044 P838 M ALSDORF 2 of 3 R 16.00 D 6.i ,IRFIELD COUNTY CO a� The property herein is conveyed SUBJECT lo an easement granted in decd recorded =ao April 23, 1996 in Book 975 at Page 28 in the office of the Garfield County Clerk and in Recorder, for the purpose of a road. al — t 0 The property herein is conveyed SUBJECT to a restrictive covenant, whereby to Grantee is prohibited from building any ponds or dams within the natural flow path of the ma o_ Banta Spring waterway, more particularly described in Water Court Decree Case No. ma cr o W3439. This restrictive covenant shall run with the land and be enforceable by the Grantor and his successors. am o__, J lH RESERVING to Grantor any and all oil, gas, minerals and mineral rights in, on or la U. ununder the subject property, together with a right of surface entry for development and v 0 production thereof. RESERVING to Grantor an easement in the Banta Spring waterway for the �m c construction, maintenance, repair and replacement of a water pipeline, said easement being . generally 18.00 (eighteen) feet in width, said easement being situated in Section 29, r�r o m r Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado, 1-1 m said easement being along the natural water course presently in place on the Southeasterly am O De corner of the property being conveyed by this deed. _0)N � w ��ID N ALSO conveyed is the Nelson Spring, the subject of a pending application in Water o Division Case NO. 96CW75, in that Grantee shall have all rights to the ownership, use or enjoyment of the Nelson Springs. ALSO hereby conveying to Grantee a previously reserved easement for the construction, maintenance, repair and replacement of a water pipeline, to convey water from Nelson Springs, the subject of a pending application in Water Division Case No. 96CW75, said easement being 18.00 (eighteen) feet in width lying 9.00 (nine) feet on each side of the following described centerline, said easement being situated in Section 29, Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado, said easement centerline being more particularly described as follows: Beginning at a point from which the Southwest corner of said Section 29 bears N. 90200'00" W. 136.00 feet and S. 76256'26" W. 1354.51 feet; then along the centerline of said easement S. 38419'30" W. 219.25 feet to the West line of the SE/. SWY/ of said Section 29, the point of terminus of said easement. The sidelines of this easement are to be extended or shortened accordingly to terminate upon the exterior boundaries of the subservient parcel. Bearings as recited in this description are relative to the South line of said Section 29 as bearing: S. 89¢48141-" E. Monumentation. at the Southeast and Southwest corners -of -Section 29 are brass cap monuments, P.L.S. #14111. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, iemaiuder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above - bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above -bargained and described, with the appurtenances, unto the Grantee, her heirs, successors and assigns forever. And the Grantor, for herself, her heirs, successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, her heirs successors or assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sante are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. This conveyance and all warranties, express or implied, are - NCM? -97 "rRI 09;49 At1 GOLL. 'ILLA HONES NuwmcitiN . 1114/97 3:35:16 PM 4440-79 GLEASON FAX NO. 5429 fat C;olden 1Hilo Hornes SILT CO 81505-0040 coclarwn Guar• • a -r EXHIBIT 1 YI"m. APPROVEL) SUBJECT TO NOTED EXCEPTIONS & WSPECThDNS GARFIELD COUNTY BUILDING DEPARTMENT Date FIELD COPY - NO NISPECTION wm4o NNE SIAM ON$I! 644DA--79 TE443FB-B279 26'x44 Floor Size 29'-4'x40•--0' -,1O X ow s.. r"• Patio 4 4f 4 (-3720-nor) C4-4'4 fR0-04) Application Date: 4/25/2003 Chapman Termination Date: 05/23/03 District: 3 ttk c�ij_ Application for Driveway Permit Permit Number: 41 Permitee: Frank and Marianne County Road Number: 315 Inspector: Jake Mall Sub -Contractor: hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 315. 3409 CR 315, adjacent to Applicant's property located on the West side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: I. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. Special Conditions: 1. 30 ft driveway 2. 15"x30ft culvert required 3. 30ftx10ftx4" thick asphalt or concrete pad required. 4. 40ft gravel portion required 5. Work zone signage required. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: L%/(l/y ycicJ Frank and Marianne 61 Address: 3,/09 /i�`tn4 17c1/ ?/5 Telephone Number: ?7( 1,5(e Permit granted 4/25/2003, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Special Provisions for Excavation of Road Surface and Installation 1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by permitee. Further, any frozen material will be removed from site by permittee. 2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch. Temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allow the work to be completed. An asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch, which will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five (5) working Days. Weather permitting. 3) When possible all installations should avoid the top edge of a fill slope. 4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow line at nearest abutment, wing wall, or culvert. 5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with re -vegetation. 8) The permittee should check the R -O -W of surrounding landowners to see if other permits are required, i.e., BLM, Forest Service. . / 4 Representative for Garfield County Road and Bridge WiAanite 0a0/210,- Fr and Marianne Chapman Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is Tess than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch.