HomeMy WebLinkAbout1.0 Application~ Garfield County
f' f;1 .i'"'f r'i JT 7 ~ ~ ~ ~J N t , l t C!Q linunity Development Department
I • J . • • • . .J 108 81h Street, Suite 401
JAN l ~ 2014 Glenwood Springs, CO 81601
(970) 945-8212
GI\: t ( L .. ~ courny www.garfiel d-co unt y.com
:: 'LN ITY OC.:VE LO PMCNT
TYPE OF SUBDIVISION/EXEMPTION
D Mi no r Subdiv isio n
M aj o r Subdivisio n
D Ske t ch D Pre liminary D Fi nal
Conservation Su bdivis io n
D Yie ld D Ske t ch D Preliminary D Fi na l
D Ti me Extensio n
INVOLVED PARTIES
Owner I Applicant
DIVISIONS OF LAND
APPLICATION FORM
0 Preli minary Pl an Amendmen t
I!! Fin al Pla t Ame nd m ent
0 Com mo n Int er est Co m mu nity Su bd ivisio n
D Public/Co unty Road Sp lit Exe m ptio n
D Ru ral Land Deve lopm ent Exem ption
Name : Stanley E and Laura J Kornasiewicz Phone : ( 970 ) 510-5383
Mailing Address : 27 Primrose Road
City: Carbondale
E-mail : Lskorn @comcast.net
Representative (Authorization Required)
State : CO Zip Code : _8_1_6_2_3 ____ _
Name: _________________ Phone:( __ ) _____ _
Mailing Address:-------------------------
City:--------------State: ___ Zip Code :-------
E-mail: ___________________________ _
PROJECT NAME AND LOCATION
Project Name :
Amended Plat of Lot A 1 Aspen Glen Filing No. 1 (Reception No. 476330)
Assesso r's Parcel Number: 23 ~---291 __ -jU _-001 __
Physical/Stre et Address : 284 River's Bend , Carbondale, CO
Legal Descri pti on: Section : 29 Township : 7 Range : 88 Subdivision: Aspen Glen Fig 1
Lot: A-1
zone District: Aspen Glen PUD Property Size (acres): _O_. 9_4 ____ _
Project Description
Existing Use: Single family dwelling lot
Proposed Use (From Use Table 3-403): _sa_m_e ____________________ _
Description of Project: Amendme nt of building envelope in order to more efficiently construct personal residence
Proposed Development Area
Land Use Type # of Lots
Single Family
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
#of Units Acreage
0 .94
0.94
Parking
4
4
0 The Applic ant requesting a Waiver of Submission Requirements per Section 4 -2 02 . List:
Sec t ion: Section:---------------
Section:-------------Section:---------------
Waiver of Standards
Ji( The Applicant is requesting a Waiver of Standards per Section 4-118. List :
Section : _o_ne ____________ Section: _1w_o _____________ _
Section: three Section:---------------
OFFICIAL USE ONLY
File Number:~X>Ji8--J. '1-3.u
I /
Date
oo
Fee Paid: $_....._,I Q~D.,;c.--------
GARFIELD COUNTY
· Community Development Department
108 8'h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
PRE-APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2393-291-01·001 DATE: October 24, 2013
PROJECT: Amended Plat of Lot A1 Aspen Glen Filing No. 1 (Reception No. 476330)
OWNERS: Laura and Stan Kornasiewicz
SURVEYOR: Tuttle Surveying Services
PRACTICAL LOCATION: 0284 River's Bend Rd., Carbondale, CO 81623,
approximately 1 mile northwest of the Town of Carbondale within the Aspen Glen
Subdivision in Section 29, T7S, R88W.
TYPE OF APPLICATION: Amended Final Plat-Building Envelope Adjustment
ZONING: Aspen Glen PUD
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting an amended Plat for Lot A 1 to allow a modification to the
building envelope. The proposal would shift the envelope 20 ft. toward the easterly
property line. The resulting envelope would maintain a 25 ft. side yard setback consistent
with the PUD Zoning. The proposal includes a reduction in the envelope along the front
yard setback by approximately 30 ft. resulting in no net increase in the overall building
envelope size.
The Applicant has represented that research into the basis for the large setback along the
easterly property line and the narrower overall building envelope included contacts with the
Homeowners Association Representative and has not resulted in any clear indication.
Staff anticipates that the Application will need to document said research and address
related topics including but not limited to any impacts on view planes for adjacent lots, any
concerns related to uses on the adjacent Golf Course Parcel and any other potential PUD
topics.
The lot is vacant and based on the information currently available no non-conforming
conditions would result from the proposed change. No easements are impacted or
modified by the proposed changes. No changes to the river setbacks, fisherman's
easement, adjacent storm water improvements, or utility locations are proposed.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply
to the proposed Application:
> Section 5-305 -Amended Final Plat Review
> Table 5-103 Common Review Procedures and Required Notice
> Table 5-401 Submittal Requirements
> Section 5-402 Description of Submittal Requirements including requirements for a
Final Plat
> Section 4-103 Administrative Review and Section 4-101 Common Review
Procedures
> Article 7, Divisions I, II, and Ill as applicable
As a convenience outlined below is a list of information typically required for this type of
application:
,.;~??ti~ff!.@,~ (;,i,.,...h narrative describing the request and related information.
>~oof of Ownership (title work or copy of a deed) and information on any lien
holders.
> If ownership is held by a Trust or LLC a signed and recorded Statement of Authority
is needed to document your authority to act on behalf of the Trust or LLC.
> Names and mailing addresses of property owners within 200 ft. of the subject
property, including mapping from the Assessor's Office showing said ownership.
Mineral rights ownership for the subject property including mailing address.
> If owner intends to have a representative (Planner, Attorney, or surveyor) complete
the Application and processing then a letter of authorizing them as your
representative is needed.
> Copy of the Preappllcation Summary needs to be submitted with the Application.
> Copy of the Application Form, payment of Fees and signed Payment Agreement
Form.
> The Proposed Plat showing the existing and proposed building envelope lines on Lot
A 1. All easements and rights-of-way should be shown and all required certificates
(signature blocks) shall be included on the plat.
> The plat should include improvement location information adequate to confirm that
the proposed change to the envelope will not have an impact on existing
improvements .such as storm water improvements. Some improvement location
information will be removed from the plat prior to execution and recording pursuant
to direction from the County Surveyor.
> A Vicinity Map for use in the required public notice is needed. The vicinity map
should include that area within approximately 3 miles of the proposal.
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to
determine if it meets standards of review and makes a recommendation of approval,
approval with conditions, or denial to the Director of the Community Development
Department.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right.
Pre-application Summary Prepared by:
10/Z-i k
~ I Date Glenn Hartmann, Senior Planner
Stan and Laura Kornasiewicz
27 Primrose Road
Carbondale, CO 81623
970-510-5383
LskornCrocomcast.net
PROJECT REQUEST SUMMARY NARRATIVE
TAX PARCEL NUMBER: 2393-291-01-001 DATE: January 1, 2014
PROJECT: Amended Plat of Lot Al Aspen Glen Filing No.1 (Reception No. 476330)
OWNERS: Stan and Laura Kornasiewicz
SURVEYOR: Tuttle Surveying Services
PRACTICAL LOCATION: 0284 River's Bend Rd., Carbondale, CO 81623,
approximately 1 mile northwest of the Town of Carbondale within the Aspen Glen
Subdivision in Section 29, T7S, R88W
TYPE OF APPLICATION: Amended Final Plat-Building Envelope Adjustment
ZONING: Aspen Glen PUD
We are requesting that the Garfield County Community Development Department
review and approve our request for an amended Plat for Lot Al to allow a
modification to the existing building envelope.
Details of request for amendment:
1. The proposal shifts the building envelope approximately 23 ft. toward the
easterly property line. This shift takes the building envelope up to, but not into, a
drainage easement. The resulting envelope on this east side maintains a 25 ft. side
yard setback consistent with the PUD Zoning.
2. The proposal includes a reduction in the envelope along the front yard setback
(north side) by approximately 30+ ft.
3. Proposed modification to building envelope results in no net increase in the
overall building envelope size.
Reason/rationale for the amendment request is twofold:
1. The existing building envelope is narrow and deep, minimizing the possibilities
to design and place a future home on Lot Al that would take advantage of the views
of the Roaring Fork River and Mount Sopris.
2. Building out to the north side of the existing envelope forces a proximity to the
existing home on Lot A23 that could benefit significantly from the proposed building
envelope modification. The existing home on A23 was built on an elevated building
site, presumably in anticipation of a future building on Lot Al. With an amended
building envelope, we could further minimize impacts to their main southeast views
by potentially lowering a building profile from a full 2 stories to a story and a half.
Research:
Considerable research has been performed into the basis for the large setback along
the easterly property line resulting in the narrower overall building envelope. What
follows are the contacts and resulting outcomes:
1. Aspen Glen Design Review Committee (DRC}: The Aspen Glen DRC could
provide us with no tangible rationale for the initial building envelope configuration.
Upon review of our request for a building envelope adjustment, the DRC approved
the adjustment as presented on the Tuttle Surveying Services Improvement Survey
Plat during their meeting on October 15, 2013. Leslie Lamont, the administrator for
the DRC, provided some helpful suggestions for additional research to uncover any
legal issues that may prohibit a Garfield County approval. The DRC's letter of
approval is included as Attachment A. Leslie Lamont's contact information is
leslielamilllt@aspenglenhoa.com or 970-963-3362.
2. Jake Falke, Superintendent of Aspen Glen Golf Club: The aforementioned
Improvement Survey Plat, including the proposed building envelope adjustment for
Lot Al, was shared with Jake Falke, current superintendent of the Aspen Glen Golf
Club, to solicit any comments or concerns he may have relating to any impediments
to the golf course operations. Mr. Falke has no concerns after reviewing the
proposed building envelope modifications. His comments (presented herein as a
copy of an email correspondence) are included as Attachment B. Jake Falke's
contact information is jacob.falke@ourclub.com or 970-963-4501
3. Ian Hause, current manager of River Valley Ranch HOA: Mr. Hause spent 14
years with three different owners/developers of the Aspen Glen PUD, so his
institutional memory was an important piece of our research. During the time
Aspen Glen PUD Filing 1 and others were platted, Mr. Hause worked for Club Corps
and Melrose Development as the Director of Development. In a phone call to Mr.
Hause on December 26, 2013, Ian stated he was very familiar with Lot Al and its
location in the development. He stated that the building envelopes were created by
Balcomb and Green (specifically by Larry Green) and that to his knowledge and
memory, there was no specific, technical reason for the envelope on Lot Al to be
drawn so narrow and deep other than the lot's proximity to the self-cleaning
drainage pipe that is located in the drainage easement to the east. Mr. Hause
suggested that a records search of an agreement between the Glenwood Ditch
Company and Aspen Glen Company would uncover any other reason for the
I
conservative building envelope distance from the drainage easement. Mr. Hause' s
contact information is rvrmanager@rvrcommunity.com or 970-963-6300.
4. County Records Search: A search of Garfield County records pertaining to
agreements between the Glenwood Ditch Company (aka Glenwood Irrigation
Company) and the Aspen Glen Company and their related interests resulted in
numerous documents addressing the maintenance and other requirements of the
active ditch running through the Aspen Glen PUD. Nothing was found in the records
that related to the drainage easement to the east of Lot A1. Stan Kornasiewicz
performed the records search on Monday, December 30, 2013. His contact
information is stankornasie.wicz@alpinebank.com or 970-510-5383.
View Planes:
Of the five (5) property owners located within 200 ft. of any part of Lot Al, only Lot
A23 (north side of Lot A1) will have view planes impacted. As mentioned above
under "Reason/rationale for request" section, the existing home on A23 was built on
an elevated site. The main living space of that home is approximately 10-12 feet
above the grade of Lot A1. At this time, no studies have been undertaken to gauge
the specific impact to A23 were the amended plat of Lot A1 be approved by Garfield
County.
When we have a recorded amended plat from Garfield County, we can begin the
design phase of a home for Lot Al and submit these improvements to the property
to the DRC for review and approval. The impact to A23 will be addressed at that
time with specific view plane studies.
If the Community Development Department and/or the specific Planner assigned to
review this Amended Plat request has any questions, please contact Laura or Stan
Kornasiewicz at 970-510-5383 (home) or 970-618-0246 (mobile).
Thank you for your consideration. We look forward to receiving the approval of the
Garfield County Board of County Commissioners relative to our request.
ly, '.~ lin:i~&/
aura and Stan Kornasiewicz
I
.
•
.
l/011u'0Jt111el'S 1lssoi'iation at. l.\}Jt'll (;fen, l11c.
! )csi/.!11 Rcvic\Y ( 'on11nilll't'
October 16, 2013
Mr. Glenn Hartman
Garfield County Community Development Department
108 81h Street, Suite 201
Glenwood Springs, CO 81601
Re: Building Envelope Adjustment Lot A-1/0284 River's Bend
Dear Glenn,
via email
This letter is to confinn that the Aspen Glen Design Review Committee (DRC) has reviewed the proposed plat
amendment to adjust the building envelop of Lot A-1 (0284 River's Bend) at their meeting October 15, 2013.
The adjustment proposes to reduce the building envelop on the north end and expand the east side but not
encroach into the drainage easement. The overall size of the building envelop will remain the same. The
purpose of this adjustment is to square off the building envelop so the home can be rotate for a better view of
the river and Mt. Sopris.
The DRC provided an opportunity for the two adjacent neighbors to comment on this proposed adjustment. The
drnft plat was made available and the changes were flagged in the field. The neighbors found that the
adjustment does not impact their property. DRC approved the building envelop adjustment as presented on the
Tuttle Surveying Services Improvement Survey Plat dated September 3, 2013 and drawn by JW. The DRC
recommends approval to the Garfield County Board of County Commissioners with the following conditions:
1. A copy of the recorded amended plat shall be provided to the DRC.
2. The DRC has only approved the building envelop plat amendment. Any further improvements to property
shall be submitted for DRC review and approval.
3. The reduction and expansion represent a net exchange of square footage.
The DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County.
If you have any questions please do not hesitate to contact me.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
Cc: Mr. & Mrs. Kornasiewicz
Mr. Dan Gruenefeldt
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
Email:lesliela1nont@aspenglenhoa.con1
1
JV(,ff /(ITlv'C:·:
From: Jacob.Falke@ourclub.com (mailto:Jacob.Falke@ourclub.com]
Sent: Wednesday, November 06, 2013 7:57 AM
To: Leslie Lamont
Subject: Re: A-1 Proposed Adjustment.pdf -Adobe Acrobat Standard
Leslie, I don't have any concerns after reviewing the attachment. We do have
irrigation near that lot, behind our 13th green. It should be well out of the way,
but I would still like to meet with the contractor before the break ground. Thanks,
Jake
From: "Leslie Lamont" [mailto:lezlamont@gmail.com]
Sent: Wednesday, November 05, 2013 3: 13 PM
To: Jacob.Falke@ourclub.com
Subject: A-1 Proposed Adjustment.pdf -Adobe Acrobat Standard
Jake, please find attached the proposed building envelop adjustment for lot A-1.
If you have any comments or concerns please let me know. Also, if there is
nothing that bothers you please let me know as well. Thanks and have a good
week.
Leslie
[attachment "Proposed Adjustment.pdf'
--------------------------~' LTG Policy No. LTHl63008252 I Form AO/ORT
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Our Order No. GW63008252 Schedule A Amount $750,000.00
Property Address: 284 RIVERS BEND CARBONDALE CO 81623
1. Policy Date: September 12, 2013 at 5:00 P.M.
2. Name of Insured:
STANLEY E. KORNASJEWICZ AND LAURA J. KORNASIEWICZ
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
STANLEY E. KORNASJEWICZ AND LAURA J. KORNASIEWICZ
5. The land referred to in this policy is described as follows:
LOT Al
ASPEN GLEN
FILING NO. 1
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995
AS RECEPTION NO. 476330.
COUNTY OF GARFIELD
STATE OF COLORADO
This Policy valid only if Schedule B is attached.
Copyright 2006-2013 A1nerican Land Title Association. All rights reserved.
The use of this Forn1 is restricted to ALTA licensees and ALTA men1bers in good standing as of the date of use.
All other uses are prohibited. Reprinted under license front the Anterican Land Title Association.
AMERICAN
LAND Tl TU
ASSOCIATION
••
Garfield County, CO
Owner Information
KORNASIEWICZ, STANLEY E & LAURA J
27 PRIMROSE ROAD
CARBONDALE, CO 81623
Parcel Number: 239329101001
·~~Site Information ...
' .··.·.·. t .. · .. " .. · ~ . ~.J'
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This map Is for Illustrative purposes only and does oat represe11t a survey. It Is proYided 'as Is' without warranty or any representation of accuracy, limellness or completeness. The
user acknowledges and accepts all Inherent l1mltalions of the maps and data, Including the fact that the maps and data are dynamic and Jn a constant state of maintenance,
correction and revision. No Jlablllty Is assumed by Garfield County as to the accuracy of the data delineated hereon.
Accoun,t
Account: R830192
Parcel Number 2393-203-00-385
Situs Address
City Carbondale
ZipCode 81623
Tax Area 083 -lR-MFN -083
Owner Name ASPEN GLEN GOLF CLUB
MANAGEMENT COMPANY
Owner Address PO BOX 790830
SAN ANTONIO, TX 78279
Legal Summary Section: 20 To\vnship: 7 Range: 88
GOLF COURSE PARCELS 1 THRU 7
Tax Year
Sale Price
2013
2012
Taxes
Sale Date
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Actual (2013) $1,830,600
Primary Taxable $530,870
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres
Improvement $1,566,000 $454,140
Land $264,600 $76,730 88.201
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Account: R830002
Parcel Number 2393-291-01-002
Situs Address 000298 RIVER'S BEND
City Carbondale
ZipCode 8I623
Tax Area 083 -IR-MFN -083
Legal Summary Section: 29 Township: 7
Range: 88 Subdivision: ASPEN GLEN FLG I
Lot: A-2
Sale Price
Tax Year Taxes
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Owner Name MORGAN 1999 REVOCABLE Actual (2013) $2,034,620
$161,960 TRUST
Owner Address 298 RIVERS BEND
CARBONDALE, CO 8I623
Sale Date
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Type Actual Assessed Acres SQFT Units
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Land $600,000 $47,760 0.901 0.000 0.000
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Account
Account: R830003
Parcel Number 2393-291-01-003
Situs Address 000318 RIVER'S BEND
City Carbondale
Owner Name MT SOPRIS, LLC
Owner Address 65 CURLEW
ROCKPORT, TX 78382
ZipCode 81623
Tax Area 083 -IR-MFN -083
Legal Summary Section: 29 To\vnship: 7
Range: 88 Subdivision: ASPEN GLEN FLO I
Lot: A-3
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2012
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Actual (2013) $2,006,530
Primary Taxable $159,720
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres SQFT Units
Improvement $1,406,530 $111,960 0.000 0.000 !.000
Land $600,000 $47,760 1.038 0.000 0.000
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Account: R830010
Parcel Number 2393-291-01-010
Situs Address 000303 RIVER'S BEND
City Carbondale
ZipCode 81623
Tax Area 083 -IR-MFN -083
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Range: 88 Subdivision: ASPEN GLEN FLO I
Lot: A-10
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Owner Name POWELL, WESLEY R &
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Owner Address 0303 RIVER'S BEND
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Sale Date
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Actual (2013) $1,037,310
Primary Taxable $82,570
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres SQFT Units
Improvement $847,310 $67,450 0.000 0.000 1.000
Land $190,000 $15,120 0.647 0.000 0.000
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Account
Account: R830011
Parcel Number 2393-291-01-011
Situs Address 000263 RIVERS BEND
City Carbondale
ZipCode 81623
Tax Area 083 -IR-MFN -083
Legal Summary Section: 29 Township: 7
Range: 88 Subdivision: ASPEN GLEN FLO I
Lot:A-11
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Owner Name ROOS, T BENJAMIN &
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Owner Address 263 RIVERS BEND
CARBONDALE, CO 81623
Sale Date
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Actual (2013) $607,050
Primary Taxable $48,330
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres SQFT Units
Improvement $497,050 $39,570 0.000 0.000 I.000
Land $110,000 $8, 760 0.621 0.000 0.000
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Account: R830012
Parcel Number 2393-291-01-012
Situs Address 000241 RIVERS BEND
City Carbondale
ZipCode 81623
Tax Area 083 -IR-MFN -083
Owner Name 517 EAST HYMAN LTD
In Care Of Name MIKE OTTE
Owner Address 1280 UTE AVENUE, SUITE 16
ASPEN, CO 81611
Legal Summary Section: 29 Township: 7 Range:
88 Subdivision: ASPEN GLEN FLG I Lot: A-12
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Primary Taxable $31,9(
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres SQFT Uni·
Land $110,000 $31,900 0.643 0.000 O.OC
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Account: R830022
Parcel Number 2393-291-01-022
Situs Address 000244 RIVERS BEND
City Carbondale
ZipCode 81623
Tax Area 083 -lR-MFN • 083
Owner Name THORSEN, JOHN PHILLIPS &
CONNIEP
Owner Address 57878 NW 151ST STREET
MIAMI LAKES, FL 33014
Legal Summary Section: 29 To\vnship: 7 Range:
88 Subdivision: ASPEN GLEN FLG 1 Lot: A-22
Tax Year
Sale Price
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Actual (2013) $170,000
Primary Taxable $49,300
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres SQFT Units
Land $170,000 $49,300 0.570 0.000 0.000
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Account: R830023
Parcel Number 2393-291-01-023
Situs Address 000268 RIVERS BEND
City Carbondale
ZipCode 81623
Tax Area 083 -IR-MFN -083
Legal Summary Section: 29 Township: 7
Range: 88 Subdivision: ASPEN GLEN FLG I
Lot: A-23
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2012
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$9,480.88
Owner Name YANG YANG
In Care Of Name GUORONG ZHANG
Owner Address 136-40 39TH AVENUE,
SUITE204
FLUSHING, NY 11354
Sale Date
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Actual (2013) $1,553,550
Primary Taxable $123,660
Tax Area: 083 Mill Levy: 75.3250
Type Actual Assessed Acres SQFf Units
Improvement $1,363,550 $!08,540 0.000 0.000 1.000
Land $190,000 $15,120 0.547 0.000 0.000
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Account: R005965
Parcel Number 2393-291-02-030
Situs Address
City Carbondale
ZipCode 81623
Tax Area 082 -I R-DFN -082
Owner Name CORYELL RANCH COMPANY,
LLC
In Care Of Name MELROSE ASSET
MANAGEMENT COMPANY,INC
Owner Address PO BOX 21307
HILTON HEAD ISLAND, SC 29925
Legal Summary Section: 29 To\vnship: 7 Range:
88 Subdivision: CORYELL RANCH
RECREATIONAL OPEN SPACE
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Actual (2013) $0
Primary Taxable $0
Tax Area: 082 Mill Levy: 75.3220
Type Actual Assessed Acres SQFT Units
Exempt 45.602 0.000 0.000
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Account: R011074
Parcel Number 2393-202-00-111
Situs Address 009663 82 HWY
City Carbondale
ZipCode 81623
TaxAreaOll-IR-MF-011
Legal Summary Section: 20 To,vnship: 7
Range: 88 A TR IN LOTS 4 & 5
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Owner ~ame CHUC, NEV A M
In Core Of Name TELINDE, JOAN
Owner Address 944 BRUSH CREEK LANE
GLENWOOD SPRINGS, CO 81601
Sale Date
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Actual (2013) $465,860
Primary Taxable $37,080
Tax Area: 011 Mill Levy: 69.6020
Type Actual Assessed Acres SQFT Units
Improvement $240,860 $19,170 0.000 0.000 1.000
Land $225,000 $17,9!0 7.090 0.000 0.000
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To: Garfield County Community Development Department
From: Laura and Stan Kornasiewicz
Date: January 1, 2014
Re: Amended Plat of Lot Al Aspen Glen Filing No . 1 -Statement addressing
Article 7, Divisions I, II, a nd III
As applicants for a building envelope modification to Lot Al Aspen Glen Filing No . 1,
we represent that the proposed amendment to the building envelope will not
result in any changes to drainage, access, and will not affect utility services, and any
other applicable Subdivi · nd/or Article 7 topics.
• (4-203.M.2.) Moved water distribution information from Article 7. Combine information
• (4-203.N.) Moved wastewater management information from Article 5 and 7. Combined
information
• (4-203.N.b.) Changed ISDS to On-Site Wastewater Treatment System (OWTS) per State
permitting
• (4-203.0.) Moved Floodplain Analysis information from Article 3.
• (4-301.) Modified Minor Temporary Housing Facility
• (4-303, Previous) Moved Land Use in Floodplain Overlay District to Article 3
• (4-303, Previous) Moved Land Use in Airport/Heliport Influence Area Overlay District to Article 3
• (All) Grammatical Corrections and Organizational Changes
Article 5: Divisions of Land
• (5-102.G.) Clarified Certain Leasehold Interests
• (5-102, Table) Modified based on revised review procedures
• (5-202) Updated review criteria
• (5-203) Deleted Minor and Major Exemption process
• (5-203) Removed redundancy in process and criteria for Rural Land Development Exemption
• (5-301) Added new Minor Subdivision Review process (3 lots, no prequalification date)
• (5-302) Removed redundancy from Major Subdivision Final Plan/Plat process
• (5-304) Modified Amendments to An Approved Preliminary Plan to be consistent with 4-106,
LUCP amendments
• (5-306) Modified Common Interest Community Subdivision to make consistent with state law
• (5-401, Table) Modified based on submittal requirements
• (5-402) Removed redundancy from Article 4 Submittal Requirement descriptions
• (5-402.1) Added new Codes, Covenants and Restrictions submittal requirement
• (All) Grammatical Corrections and Organizational Changes
Article 6: Planned Unit Developments
• Complete revision of the previous ULUR section
• Incorporated Colorado Revised Statues provisions
• (6-203) Simplified procedure and submittal information for PUD Amendments
• (6-302) Separated PUD from Subdivision submittal requirements and minimized submittal
requirements
• (6-401) Consolidated Development Standards
Article 7: Standards
• (All) Grammatical Corrections and Organizational Changes
Division 1
• (7-104) Added exception for land uses that do not require water
• (7-105.A.3) Moved to Article 4 Submittal Requirements
• (7-10S.B.3) Moved to Article 4 Submittal Requirements
• (7-106) Moved from 7-309 Utility Standards and revised
• (7106.C and G) Deleted redundancy
• (7-107) Moved from 7-308 Roadway Standards and revised
• (7-108) Moved from 7-403 Fire Protection and revised
Division 2
• (7-203) Deleted all provisions for Protection of Wetland and Waterbodies
• (7-204) Deleted specific provision for Water Quality protection
• (7-209) Deleted specific provisions for Wildlife Hazards
• (7-211) Deleted all provision for Areas with Archeological, Paleontological or Historical
Importance
Division 3
• (7-301.B.4.) Moved to Access and Roadways, 7-107
• (7-301.F) Deleted provision for Building Scale
• (7-302) Deleted all provisions for Building Design
• (7-303) Deleted all provisions for Design and Scale of Development
• (7-304.D) Deleted provision for Prohibited Uses of Required Spaces
• (7-305) Deleted specific provisions for Landscaping Standards
• (7-308) Moved to Access and Roadways, 7-107
• (7-309.A) Modified provision in regard to Recreational and Community Facility Access
• (7-309, Previous) Moved to 7-106, Public Utilities
Division 4
• (7-401) Deleted specific provisions in regard to General Subdivision Standards
• (7-401.D) Moved Development in Floodplain from Article 3
• (7-402) Deleted specific provisions for Subdivision lots
• (7-403) Deleted specific provisions, retained general Fire Protection provision in 7-108
• (7-405.B.2) Deleted provision for dedication of Open Space/Park Dedication
• (7-406.B-D) Moved information to User's Manual
Division 5 and 6
• (7-501.B.) Deleted provision for Unbuildable Areas Due to Site Constraints
• (7-601) Moved provision for Floodplain Overlay to Article 3
Division 7
• (7-701, Previous) Deleted Agriculture standard
• (7-702) Added new standard for Animal Processing
• 7-703) Revised standards for Kennels
• (7-704) Deleted all standards for Riding Stables
Divisions
• (7-801) Revised standards for Manufactured Home Park
• (7-802.D.1.c) Deleted standard for Group Home Facilities in Industrial Districts
Division 9
• (7-901) Added new standard for Ultralight Aircraft
• (7-902) Revised standards for Aircraft Landing Strip or Helistops
• (7-903) Revised standards for Airports and Heliports
• (7-903) Deleted standards for Community Meeting Facility
Division 10
• (7-1001) Deleted general standards for Commercial Uses
• (7-1003) Deleted standards for Arts and Crafts Studio
• (7-1005) Revised standards for Campgrounds/Recreational Vehicle RV Park
Division 11
• (7-1101) Revised general standards for Industrial Uses
• (7-1102) Revised or deleted standards for Gravel Extraction
• (7-1103) Revised standards for Mining and Other Extraction Uses
• (7-1104, Previous) Deleted standards for Storage Areas and Facilities
• (7-1104) Revised Recycling Collection Center standards
• (7-1106) Revised Solid Waste Disposal Site and Facility
• (7-1201, Previous) Moved standards for Public Utilities to 7-106
• (7-1201) Revised and deleted standards for Solar Energy Systems
• (7-1203) Revised and deleted standards for Telecommunication Facilities
• (7-1204.B.) Deleted standard for Water Reservoir
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PAYMENT AGREEMENT FORM
1.
2. The Applicant understands and agrees that Garfield County Resolut ion No . 98·0 , as
amended , establishes a fee schedule for each type application, and t he gu lde ll nes for the
administration of t he fee structure .
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, It Is not poss ible at this time to ascertain t he full extent of the cost s
Involved In proces sing the application . The Applicant agrees to make payment of t he Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make addit ional payments upon notificatio n by the
County, when they are necessary, as co sts are Incurred .
4. The Base Fee shall be In addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or exp ense not covered by
the Ba se Fee . If actual recorded costs exc eed th e Initial Base Fee, the Applic ant shall pa y
additional billing s to the County to reimburse the County for the pro cess ing of the Proj ect.
The Applicant acknowledges that all billing shall be paid prior t o th e final co nsiderat ion by
the County of any Land Use Change or Divi sion of Land.
I hereby agree to pay all fees related to this application:
s1111ngcontactPerson : Lau ra ft>m 07iew/ez. Phone :(q lJO J 6 10 -5303
Biiiing Contact Address: ::J '7 Pr im C(?2":' &a of
city : t-Orbirn d {l le... state: CO Zi p Code : @/&;;2,3
Billing Contact Email : L 6' Ko (Q a? CR'mf.afz/--. at-±
Laurg .J Kornc;,z ,'.ew/&z.,,
1 foa e)
------------------------ti LTG Polley No. LTHI63008252
Form AO/ORT 1
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Our Order No. GW63008252 Schedule A Amount $750,000.00
Property Address: 284 RIVERS BEND CARBONDALE CO 81623
1. Policy Date: September 12, 2013 at 5:00 P.M.
2. Name of Insured:
STANLEY E. KORNASIEWICZ AND LAURA J. KORNASIEWICZ
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the es tate or interest covered by this policy at the date hereof is vested in:
STANLEY E. KORNASIEWICZ AND LAURA J. KORNASIEWICZ
S. The land referred to in this policy is described as follows:
LOT Al
ASPEN GLEN
FILING NO. 1
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995
AS RECEPTION NO. 476330.
COUNTY OF GARFIELD
ST ATE OF COLORADO
This Polley valid only if Schedule B ls attached.
Copyright 2006·2013 American Land Title Association . All rights reserved.
The use of this Form ls restricted to AL TA licensees and ALT A members in good standing as or the date of use .
All other uses arc prohibited. Reprinted under license from the American Land Title Association.
AMfl\.ICAN
LANO TIT LE
llllOClllTIOH
-----------------------.....,..! LTG Policy No. LTHl63008252 I Form AO/ORT
Our Order No. GW63008252
Schedule B
This policy does not insure against loss or damage by reason of the following:
1. Any faces, rights, interests, or claims thereof, not shown by the Public Re cords but that cou ld be ascertai ned by an
inspection of the Land or that may asserted by persons in possession of the Land.
2 . Easements, li ens or encumbrances, or claims thereof, not shown by the Public Reco rd s.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title chat would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or herea fte r furnished, imposed by Jaw and
not shown by the Public Records .
5 (a) Unpatented mining claims; (b) reserv ations or exceptions in patents or in Acts au thorizing the issuance thereof; (c)
water rights, clai ms or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
6. 2013 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7 . TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT
DEVELOPMENT AND OTHER MATTERS , AS SET FORTH AS FOLLOWS :
A. RESOLUTION NO . 92 -056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305.
B. RESOLUTION NO . 93 -121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE
824.
C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE
620.
D . RESOLUTION NO. 94 -0 89 RECORD ED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.
E. RESOLUTION NO. 94 -139 RECORDED DECEMBER 13 , 1994 IN BOOK 925 AT PAGE
345.
F . RESOLUTION NO . 95 -004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64 .
G. RESOLUTION NO . 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682.
H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686.
I. RESOLUTION NO . 96 -26 RECORDED MAY 9, 1996 JN BOOK 977 AT PAGE 399 .
J . RESOLUTION NO. 98 -88 RECORD ED OCTOBER 13 , 1998 IN BOOK 1092 AT PAGE
757.
..------------------------ti LTG Policy No. LTHI63008252 Form AO/ORT I
Our Order No. GW63008252
Schedule B
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 10 , 1892, IN BOOK 12 AT
PAGE 135 .
9. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND
MINERALS OP EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC IN
WARRANTY DEED RECORDED SEPTEMBER 26, 1961 IN BOOK 336 AT PAGE 570, AND ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
10. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON S AND
MINERALS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J, CHUCK IN
WARRANTY DEED RECORDED DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160, AND ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
11. TERMS, COND ITIONS, PROVISIONS , OBLIGATIONS, RESTRICTIONS, EASEMENTS AND
RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OP GOLF FACILITIES
DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995
IN BOOK 936 AT PAGE 314 .
12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMIITING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE ST ATE OR FEDERAL LAWS , EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTA INED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE
350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT
PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN
BOOK 1043 AT PAGE 850 , TH IRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY
10 , 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED
FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION
RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL
DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAG E 58, SEVENTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE
943 , EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK
1094 AT PAGE 517 , NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999
IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER
19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION
RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL
DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT PAGE 755,
----------------------_.....! LTG Policy No. LTHI63008252 I Form AO/ORT
Our Order No. GW63008252
Schedule B
THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17 , 2000 IN BOOK 1197 AT
PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 08, 2003 IN
BOOK 1467 AT PAGE 910 , AND THE FIPTEENTH SUPPLEMENTAL DECLARATION RECORDED
DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891.
13. TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED MAY 25,
2006 IN BOOK 1803 AT PAGE 782 .
14. TERMS, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAMING CERTA IN
STREETS WITHIN ASPEN GLEN PUD RECORDED MARCH 13, 2007 AT RECEPTION NO .
718915.
15 . EASEMENTS, CONDITIONS, COVENANTS , RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF ASPEN GLEN , FILING NO . 1 RECORDED APRIL 06, 1995 , UNDER
RECEPTION NO. 476330.
16. TERMS, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED MARCH 23, 2007 AT
RECEPTION NO . 719513 .
17. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IP ANY, BASED UPON
RACE , COLOR, RELIGION , SEX, SEXUAL ORIENTATION , FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OP
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED MARCH 23 , 2007, UNDER RECEPTION NO.
719512.
ITEM NOS. 1THROUGH3 OP THE STANDARD EXCEPT IONS ARE HEREBY DELETED .
ITEM NO . 4 OP THE STANDARD EXC EPTIONS JS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED ATTHE REQUEST OF JAM ES
H. TUCKER AND KAREN T . TUCKER.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING PROM WORK OR MATERIAL FURNISHED AT THE REQUEST OP
STANLEY E. KORNASIBWIC Z AND LAURA J. KORNASIEWICZ .