Loading...
HomeMy WebLinkAbout1.0 ApplicationFile Name ?)or- weji I GO 4/0- VanA:aAnc._ Date Issued Received Letter inComplete Letter Cf l 2-Z 1 Sign Required j96e10 Otic i(it) I0/ Fee Sheet Set For BOC, BOA Date Set:(D (`1 `c/ 6°' r' j Staff Report Decision Letter j 00-69M1 LittitA oir Staff Report Decision Letter Resolution Resolution # SUP Case Closed Date Filed EUFML x 00.90 CASH T ' 30.46 ., ..00 'CHANGE prn tic U.S. POSTAL SERVICE )(Mgt F 'QLENWOJI' SPRINGS 8161-9998 8137 s . ", 40. .. TONY R , * 14 10.07-99 - ,123$4:55 CUSTOM #iRECEIPT . 00? POST VAL ,°IMP ($2.98 x 10) 1'098 POSTAGE STAMPS ($.33 x 2) TOTAL CASH T CHANGE Z 232 240 X0$4 US Postal Service Receipt for Certified Mali No Insurance Coverage Provided. Do not use for Intemational Mail ISRR re g rRealm •a sent) re,n(r rcl1c Ply Street fi um r .. L4 I Yr 4:1 Ti(- Pos Office, State, & ZIP Code q , LA-) C4,4--) l_1 L e. (j Postage $ Certified Fee Special Delivery Fee i Restricted Delivery Fee Return Rsc .' Whom ..., �,,i71.-„. ' 074 ' . to Dale, ` 'sddry 1 C? S TO L P stt�'PbeaiA Z 232 240 DM US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mali See reverse) St ell --t 0 Poe .! - Cl Code / 5--sz. Postage $ Certified Fee • Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Df�liv • Date e +i' ��y) ,. Rearm Receipt Oate, d Addressee's " •,•••• Date, C) a (" TOTAL Postage . 5d , $ •. <. Postmatioatr Date r e ;� t' iii N. x S i Z 232 240. 1186 US Postal Service i ' 1— Receipt for Certified Mail No Insurance coverage Provided. Do not use for International Mail (See reverse) Sent qq el G4-'1 /Z 1--r j st a ,,�� G /GA 0 Postfice6 ZIP C Postage $ Certified Fee A Special Delivery Fee Restricted Delivery Fee e Retum Receipt Showing to Whom & Date Delivered tkW Oi i .i iTOTAL Return Recept Slowing t0 i Dale. 8 Addressee's .. . • Postage & - es -pt c,11..: 5, 24 € ,ft a Postmark or Date p+ , -._ D3 I Z 232 243. 0,87 , uS Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse Sent toj4. G C 7 /fie Ck `CSC StreetpDumber /0 r Postoojcce,S e, & ZIP Code C. c— [J-C.%p SJ%'' Postage $ Certified Fee 111 Special Delivery Fee Restricted Delivery Fee a, Return Receipt Showing to Whom & Date Delivered Return Receipt Stowing to whom, Date, & Addressee's TOTAL P tom- ',- Postma or D to t� C" c� v! CP "O Z 222 240 083 US Postal Service 1- g a Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse)... ;r18°SCCICICr/ : A-TQ.�\ Yx a d Number 01 COr nck.er2_ti-1- eU. 4c Poet Office, State, & ZIP Code k w0.ASTi42_ c o, I ICot( Postage Certified Fee M Speaal Delivery Fee Restricted Delivery Fee lit Return Receipt Showing to Whom & Date DeRve 't W Return Receipt • . ' •v Date, d Addressee' . TOTAL Posta . as� j 1 ; Postmark or Dal fp i Z 232 +~40 • 060 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse Sent to frli4e f 11.4,47 6 t <_(-54 StrOOt& Number _N po. f o,c (-4.1•41._ P Office, te, & ZIP Code n%� l -it � 0 • i c, y7 Postage $ Certified Fee 4. Special Delivery Fee Restricted Delivery Fee • Return Receipt Showing to Whom & Date . _,... Data, hldr : , TOTA�[p = ge S Fg444+ Q Pos o D LW Z 232 240 ,0$5 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sant t y43.14791.4 1� Street & 6 owl. v4-%/Vr.�1 Pospe, State, d ZIP Code ) (..„.A --*CO- 57` le_ . Postage Certified Fee Special Delivery Fee Restricted Delivery Fee a Return Receipt Showing to Whom & Dale Delivered R Return Receipt Date, 8 Addressees .y 1 , D Ito ch TOTAL Postage =s ..e> �. Postmark or Date 't7,+9 ! Z 232 240 1482, us Postal Service Receipt for Certified Mali No Insurance Coverage Provided. Do not use for international Mail (See reverse Sent to f 6crbs LU..,65( " StreetNum/r / l-S/c)c., ft .eg - /P OWale, 8 TIPd i L C1'12^ Postage Certified Fee ., Special Delivery Fee Restrlded Delivery Fee s Return Receipt Showing to Whom d Date Delivered IReturn Receipt Showing toWhom, Date. Addressee's Address TOTAL Postage & F rI g co Postmark or Date a ? t 7999 0 Z 232 240 077 , US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reve §eq! to 1mf3(ze)1ct mer,, e(xTo+'\ Street 6 Number 1(Zrobe t cka 4 U -e_ Post , State, & ZIP Code La Ito ern Jvcc,iSPP„`r Co, %l(oo( Postage Certified Fee Special Delivery Fee Restricted Delivery Fee • Return Receipt Slowing to Whom & Date Delivered Retool Receipt Showing lo Whom. 5 Addressee's :. 1�Q '• TOTAL Postage & F F. , tS r 'S, • Postmark or Date 1'-' N 0 l0 '''i Z 232 240. 081, US Postal Service Receipt for Certified Mali No Insurance Coverage Provided. Do not use for International Mall (See reverse) Sent to 4.9 Street sber AI/9 Cir- /(c) . ST IP P ✓! C 4 1-{---r Postage $ Certified Fee Simla! Delivery Fee Restricted Delivery Fee • Retum Receipt Showing to Whom & Date Delivered Return Receipt ' Date, &Mdr. TOTAL P Opp �jf` Postrna r ate �N?9 SSaa Je uan as eL o t feu • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ' • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: "3i),04tel't'rec.)(-)131 c;Lk--- co .cs( z_ 1A. Received by (Please Print Clearly) B. Date of Delivery /014- C. Signature o ❑ Agent Addressee D. Is delivery address different If YES, enter delivery address 3. Servi CLS ertified Mail ❑ Registered ❑ Insured Mail 0 Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. icleNumberopyfrom service �labell))r� /�/� V' PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAI. SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • O?. fqpic F16 41-7 SENDER: COI ssaippla um -11w 0q1 1 1UFu Gin 01 adoianue JO dol JOAO 'CAM IL • • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: W , / 3u /1 .2C1 __Yvll rc %lee r/65j VII MN. • - A. Received by (Please Print Clearfy) C. Signature Lefeltate- 6221 Is delivery address different from helm 1? 0 Yes B. Date of Delivery 1012 q9 J Agent 0 Addressee It YES, enter delivery address below: 0 No 3. SeDrjadripe Certified Mail 0 Registered 0 Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service fabef a1/410 CD13') PS Form 3811. July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • c323Z jey,ter ,Vat, • Complete items 1, 2, and 3. Also complete hem 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card 10 you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 11 t4 CotoQ 4dc AJe . a le n t.od oci S P4Zt nS5 LC> y A. Receiv▪ ed by (Please 'rint �leaNy) D. s delivery address different nT es if YES, enter delivery address bel O No 3. ice Type Certified Mail ❑ Registered ❑ insured Mail ssee ❑ Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number {Copy from service label) 2 2'52_ 9-tfQ 0'7'7 P5 Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • IAASs c -u e_[( C)1-3"-/- Co rr-t , e- 1-Ze_rt.0 ` gk 7L7 SE C1 ION ■ Complete ' e : so omp e e item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 17t a& EfPP iS I couV1v 12a2si t c 0 , g?` -1-r 7g ace v-. y -lease Print Clearly) C. Signature • X B. Datayq(iD 9livery 76,i9 ❑ Agent ❑ Addressee D. Is delivery aJldress from iijrr'1? 0 Yom/ If YES, enter delivery address below: o 3. Sery Type Certified Mail ❑ Registered 0 Insured Mall ❑ Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service label) 2 2:1 X(Jc bs- P5 Form 3811, July 1999 Domestic Return Receipt 102595.99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 44-0 C2-3 z_ c ow+rr 7C- - 752- 41\1 _w C -64-[L_- O� x/607 • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: jvl t` k 2 3Pkr‘fr 13U61 t e e t Ptd, (-(C 2- -e LAJ CAs`r C v, X474? iMPLETE THIS Sit IrON ON DELIVERY A. Re ceive b celeass Prlrit�DClearly) /filt B. Date of Deliveys C. Sigyature X daressee D 7I'delivery address different from hem 1? 0 Yes YES, enter delivery address below: 0 No 3. Se ce Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article ber (C4p from s1.ervice l4-4 6 O g PS Form 3811, July 1999 `?L '"t1 Y Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE I 0 11 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �{SS CR-C2,LJ 2 C c' rv-kA vk C h42 4 -1 -c.) -1 -1 --LL Ate As`t 1-e c G . ! (04 10121011 111=M21M11100.111[[W 01=111 WI1l1Mllr.MIIIII A 10 000 JOAOOLII 1' }O- !Vf RY II Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card 10 you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 3O g p�tvit<1 tIctUrl 0 icI$ C[jMNrlrhv ---Cz -. 14,ekAi C A-fe,Co, g fact) A. Received by (Please Print Clearly) 8. Date of Delivery C. Signature X •••••••.-- El Agent G11,4 0 Addressee D. Is delivery address different from k$1? 0 Yes If YES, enter delivery address below: 0 No 3. 5 ice T pe rtified Mall ❑ Registered ❑ Insured Mail ❑ Express Mall 0 Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article N% (Copy from service label) 4-(0 04-(0 — PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • kpics aa_uwe 1 I 023-2_ CormAoc tietto ` t L , AA•. vJ C s -t le_ Co. 55/1 60'47 un as ow. 1 NOS SI CIION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: re11f1i s `deo e)),1 146 s� 4,7 A. Received by (Please Print Clearly) B. Date of Detiyy °1S C. Signature ) ❑ Agent ,� J71 ❑ Addressee -t3.-Is delivery address different from item 1? 0 Yes If YES, enter delivery address below; 0 No 3. ervice Type Certified Mall ❑ Registered ❑ Insured Mail ❑ Express Mall ❑ Return Receipt for Merchandise ❑ C.O.O. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service label) PS Form 3511, July 1999 Domestic Return Receipt 102505-99-M-1789 Awa•' io UNITED STATES POSTAL SERV _5 3 Co d Cs 15 Or,T ��r t?'11�SPP�n ,........� -- • Sender: Please prirnou ame, address, and ZIP+4 in this box • G;h24-0 e 2-32—G rn c. /ffzo %, { / �� Z-14-6 c lilliTalltatemsigammimfaearage • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ri(crflcy e2,1 c..„0,1-,7,1420 Ay.c. (N46_ e 0 tr.���r�>rar�rr���errntr.�►■ra1„ri �a,., A. Received by (Please Print Clearly) B. Date of Delivery C. S ture X ❑ Agent ❑ Addressee D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No g'[ L CO fe3tZ I97Ex Registered 0 0 sured Mall .D. Mal Receipt for Merchandise rict 7 1- ra Fee) ❑ Yes Article Number (Copy from service label) 2 AX E crcI COifrel PS Form 3811, July 499 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. 0-10 • Sender Please print your name, address, and ZIP+4 in this box • -4-4 /;tee_-, 63 cx)ev- .#7,---,c 1 &se.3 ilikk,t9 eo--3i-i- e____c) • ^-s4 7 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ▪ Print so thatour we canaand ret return heress on the reverse card to you. ■ Attach this card to the backosthe maiipiece, or on the front if space pe 1. Article Addressed to: jo 3 poh) led SIi-z-s Lu_ gv6o/ 2. Article Number (Copy from service label) PS Form 3811, July 19 19.. b A. Received by (Please Print Clearly C. Signature 0 Agent 0 Addressee delivery address different from Item 1? 0 Yes It YES, enter delivery address below: ❑ No 3. Se Type Certified Mall ❑ Registered Insured Mall 4. Restricted Delivery? (Extra Fee) ❑ Yes ❑ Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. iiblrrld 02595-99-M-1789 UNITED STATES POSTAL SERVICE • First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box �"�CL�� GpC•C� 23z rl<�r�Gi� '/�0 �•2• A d7L c- if/6 '2 ZU.A.404.-1 111.11.1111 3 2_ Cow► 2 232 240 087 S�_ L Pec4-fil MAIL ,M''"FU STAT ES F057ALSFPwc coop I 100 to .2_� C.A..A,w 0 0 ert vt POSTAGE PAID GLENsSOO2 SFGS.0 o1G. OCT 07..99 AMOUNT TAKE NOTICE that Kass T. Burwell and Douglas J. Wight have applied to the Board of Adjustment, Garfield County, State of Colorado, for a variance to encroach in the required front and side yard setbacks in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 4, Block 5, Unit 1 of the Elk Creek Development Practical Description: 0232 Comanchero Trail, New Castle, Colorado, 81647 Said variance will allow a single family home to encroach fifteen (15) feet into the rear yard setback and five (5) feet into the side yard setback. All persons affected by the proposed variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your iews by letter, as the Board of Adjustment will give consideration to the comments of surrounds g property owners and others affected in deciding whether to grant or deny the request for a variance. This variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The public hearing on the application for the above variance request has been set for the 25th day of October, 1999, at 7:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County PUBLIC NOTICE TAKE NOTICE Rd Kase T. Bowel and Dougtas.l. Wight have applied to he Board of Admit. Garfield County Slate of Colorado, to a variance to enc+oach h the rewired hot and ride yard selbada in c mectien Si to timing deee'bod property Whaled in the County of Garfield, State of Colorado: tawit: Legal Dearrlptlen: Lot 4, Rook 5, Unit 1 of the Etc Creek Oeveapn Practical Desorption: 0232 Ccmenctrero Trail, New Caste, Colorado, 81647 Said variance WA Who ase e family anvil and five (Soencirach tee the lateen en (15) teat hto the rear yes yard setbadt. A! persons affected by the proposed variance are invited 10 appear and state their views, endorsements e *Orions. 6 you tonna appear personally at such meeting, then you are urged to sa10 your viewsb,letter, este Board of MUMMY nil give consideration to the convents 01 surrounding Topsy owners • and others.atfecied n decidng whether to grerd or deny the • request for the variance. This vertex* appfecalion may al109reviewed at the office of the Flaming Devaranent located 8th Steel, 80110303, Garfield Couay Courthouse, Glenwood Springs, Conrado, between the hairs d 8:30 em. and 5:00 p.m.. Monday through friday. The public hearing on the appicatiah fa the above eanwx* request has been set for the 251h day of October, 1999, at 7:00 p.m., at the office of the Board o1 Cordy C.ommssiohers, Garfield County Courthouse, Suite 301, 109 BM Street. Glenwood Springs. Colorado, Planning Department Garfield Canty Phbli0hed October 8, 1999 'n the Glenwood Post. PROOF OF PUBLICATION GLENWOOD POST STATE OF COLORADO, s5. COUNTY OF GARFIELD. 30497 I, Robert 1a do solemnly swear that I am Adver±i.s.in.g.._Manafger of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part. and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof. and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of .1 consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated Oct. 8 A.D., 19..99 , and the last publication of said notice was in the issue of said newspaper dated Oct. ......A.D.. 19.9...... In witness where() = ve hereunto set my hand this ...Pth day of Octob- � '19 99 fisher ublic in and for the to of Colorado. • .3.th day 2014 Gran• ve., Glenwood Springs, CO. 81601 • VARIANCE APPLICATION ku GlAttALti si- GARFIELI) COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution , request(s) a variance to (applicant/owners name) Section of the Garfield County Zoning Resolution concerning to permit in the zone district. .i'u : ►'f :'►t A./ Sketch map: showing all improvements on the site, building sizes, locations, setbacks and access points. t R Vicinity map: showing general geographic location. Legal description of site - Copy of Deed of Ownership. .j)! Practical description of site - including address. t.Names and addresses of property owners adjacent to or within 200 ft. of the site (available at the Assessor's office). Where applicable: descriptions of domestic water source, sewage disposal and other utility facilities. L-A. Plans and specifications for the proposal. k. Narrative explaining why the variance is being requested. It should be demonstrated by the above information and statements that, "...where by reason of exceptional narrowness, shallowness or ;:min of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic condition of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9,05.03) Subject to the above findings, the Board of Adjustment may authorize a variance provided: 9.05,03 (1): That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05,03 (3): That the circumstances found to constitute a hardship were not caused by the applicant, / are not due to or the result of general conditions in the district and cannot be practically corrected. A $250 fee must be submitted with the application. PROCEDURAL REQUIREMENTS, Submit applications to the Garfield County Planning Department no later than the last Friday of the month in order to be included on the following month's agenda. Regular meeting of the Zoning Board of Adjustment scheduled on the fourth Monday of each month at 7:00 p.m.. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. (section 9.05.04 (1). 4. Notice by mailing (of the public notice form) shall be sent by certified return -receipt mail to all owners of all property within two hundred (200 ) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (Section 9.04.04 (2)) The above and attached information is correct and accurate to the best of my knowledge. (signatures of applicant/owner) APPLICANT: PHONE: MAILING ADDRESS: OWNER: PHONE: MAILING ADDRESS: feesbill.98 PROJECT NAME: APPLICANT: APPLICATION DATE: Page 1 GARFIELD COUNTY PLANNING DEPARTMENT 6Ur W 01 k TYPE OF LAND USE: UaLtamoz_.# BASE APPLICATION FEE: of DY, g1t1gc) STAFF CONTACT: qThrEil APPLICATION FEE(S) CALCULATION: DIRECTOR HRS c@r $35.00 = $ GIS HRS @ $29.00 = $ PLANNER HRS @ $28.00 = $ PLANNING TECH HRS @ $22.00 = $ SECRETARY HRS @ $ 19.00 = $ TOTAL FEE = $ TOTAL OTHER CHARGES = $ GRAND TOTAL = $ MINUS BASE FEE = $ BALANCE DUE = $ g!Tr W[ :rut;rt: Vit - CODES: CR = COMPLETION REVIEW LN = LEGAL NOTICING AR = APPLICATION REVIEW RA = REVIEW AGENCY REPORTING SV = SITE VISIT RW = REPORT WRITING MH = MEETINGS AND HEARINGS TC = TELEPHONE CONFERENCE GA = GIS ANALYSIS SS = SECRETARIAL SUPPORT M = POSTAGE, COPIES, FAX, MISC. REQUEST: BOA 10/25/99 PROJECT INFORMATION AND STAFF COMMENTS Variance from Section 3.02.06 (2) & (3) of the Zoning regulations concerning the minimum rear and side yard setbacks. APPLICANT: Kass T. Burwell & Douglas J. Wight LOCATION: 0232 Comanchero Trail, Lot 4 Block 5 Elk Creek Subdivision, northwest of New Castle BITE DATA: Approximately '/4 acre WATER: New Castle wells SEWER: individual sewage disposal system (ISDS) ACCESS: Comanchero Trail EXISTING ZONING: RMHIG/UD-Residential-Mobile Home/General/Urban Density I. DESCRIPTION OF THE PROPOSAL A. R,P equest: The applicant is requesting a variance frontthe required twenty-five (25) foot rear yard setbaok•and from the required ten (10') foot side yard setback. _- 4440 p The proposed variance would allow the placement of single family home , +W ten (10) feet from the rear property line and five (5) feet from the west property <?, 5 Qa. 4 - line. The applicant maintains that the topography, trees, and the location of the ISDS on the site present constraints and hardship. There is an existing mobile home on the site that currently encroaches into both side yard setbacks. However, the new unit will encroach into the rear yard setback causing the home to be placed quite ese-to an existing ditch,,.which is known to leak. II. MAJOR ISSUES AND CONCERNS A. Zoning: A setback is the minimum dimension of a required yard (section 2.02.48). A yard is the open space on a lot unobstructed from the ground upward (section Page 1 of 4 2.02.54). A front lot line is the boundary of a lot dividing it from the adjacent street (section 2.02.34-1). A rear lot line is defined as the boundary of a lot opposite the front lot line. A side lot line is any boundary other than a front or rear lot line. Section 3.11.06 of the Garfield County Zoning Resolution of 1978, as amended, states what the minimum setbacks are in the R-MH/G/UD zone: Minimum Setback: Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local street: fifty (50) feet from street centerline or twenty-five (2S) feet from lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater. (A. 79-132) B. Variance Criteria: Section 9.05.03 of the Zoning Resolution sets forth the criteria upon which a variance may be granted. It states: i tt"— (moo CY - 0 Action by the Board of Adjustment: After the proper forwarding of an application for variance to the Board and where by reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this tesolution would result g-tt,tr( peculiar and exceptional practical di culties )P. ceptional and undue hardship pon,- the owner of such property, the Board may authorize, upon the applicatio relating to said property, a variance from such strict application so as to reliev such difficulties orbardship, provi ed, 1zowever: (1) That the variance granted is the minimum necessary to ?deviate such practical difficulties or undue hardship upon the owner of said property; 1 Le \X(A_( cL4k..U¢ ! L.4t4.1 c• Ike ✓ t< (2) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; r n �n..9 �G�t.w� -fes �(;f (N.)(-5\ (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (� p�dJs �� cO �- ruf) t- (4) That the concurring vote offour (4) members oft e Board shall be necessary to decide in favor of the appellant. This subdivision was created prior to enactment of the zoning and subdivision regulations. This particular lot is narrow, varies from 10% slope to fairly level, and Page 2 of 4 appears constrained due to the septic and drywell locations. However, the applicant proposes to replace a single wide mobile home with a double wide manufactured home, which will likely require installation of a new, adequately sized ISDS (individual sewage disposal system). Thus, sthe septic location is not considered to be a constraint to the development of the lot unless the applicant can provide proof that the existing ISDS will be adequate for the new unit. In the event the existing ISDS must be replaced, it appears possible to place the new dwelling unit and ISDS on the lot without the need for a variance. There is a ditch that borders the rear property line that has reportedly leaked in the past. It must be clearly understood that under no circumstances may the new unit encroach on any easements, nor can any support for the ditch be removed/altered. The applicant should provide an engineer's statement assuring the County that no negative effect will occur to the ditch as a result of the variance and placement of the new unit. Furthermore, no below -grade living areas (such as a finished basement) will be permitted. Previous geotechnical studies of the area indicate substantial soil/geology constraints the applicant should be aware of. As a result, an engineered foundation will be necessary. The variance requested appears to be the minimum necessary to alleviate the difficulties and no detriment to the public is expected to occur as long as the recommendations made above are followed and it can be proved that the existing ISDS is adequately sized and thus does not need replacing. Otherwise, the existing lot can accommodate the proposed development and thus the variance is not authorized under County regulations. IV. SUGGESTED FINDINGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3. That the variance approved is the minimum necessary to alleviate the difficulties, that the hardship is not self-created, and that it can be practically corrected. 4. That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RECOMMENDATION Page 3 of 4 Based on the comments contained herein, and on the findings listed above, Staff recommends APPROVAL of the variance request, with the following conditions: cul �- 1. To ensure that the proposed spectirts in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County: That all representations of the applicant, either within the application or stated at the hearing before the Board of Adjustment, shall be considered conditions of approval. Page 4 of 4 Pursuant to section 9.05.03 (1) of the Garfield County Zoning Resolution of 1978, as amended, which states that the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property: �GU ..>�. - That the applicant prove that the existing I86S is adequately sized for the new unit and is thus is valid support of the variance. If a new ISDS is needed, it shall be placed in such a way that encroaching into the setbacks is unnecessary and thus no variance shall be granted. To ensure that the proposed J 4)f .1 (rdovouz � in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County: Under no circumstances shall the new unit encroach on any easements, nor can any support for the ditch be removed/altered. The applicant shall provide an engineer's statement assuring the County that no negative effect will occur to the ditch as a result of the variance and placement of the new unit. Furthermore, no below -grade living areas (such as a finished basement) will be permitted. An engineered foundation shall be required. tf\\ fr'jk 0 GARFIEL ROAD Rww RIO _ Rtsw BLANCO I-- , ` �' , , i i 270 j 230 COUNTY .. Rs=w' 2521-__ �T3s 1 1... 230. 253 230 245 'WHITE RIVER NATIONAL FOREST 279 245 278 280 276 245 • 282 284 243 789 24 , glow 281 242 290 248 244 208 WWII/ED SEP 3'i \l/ Si 01\4 t' WHIT RIVER RATH 136 137 139 • 239 NEW L----- CASTLE 137 r" 2w^ 132. •#, z' 240."..n". 3s _ ' EST GLENWOOD 6LEHw00., RIFLE 335 312 314 ;.128 • Ne.. 1 { -- 1, '' 3'.-.l^. iii fie�� � , iF m:l 44.11..ct.116-. }} I 7 I °i# d 1:y'� 1 .a 'k _i1A, 1;1'-46-! � k'#',exp ms 4 sk=v3fu ;ram wn�Ri a ��kA�:kL':r �t 6ii r. 97,1-1 tILz � j z4 ‘_0_- 4,, 44 4.4 krq 2 . 9• • A �,� -7-4yr i I � f. `kit • 1 , l • i • sr r. i••' ^—•erg`_' • 1...m-'4 r:VI1 ,STA :ao: 1 {nems1 a 53 . 11 _criA - 649 On-,M-u•vLc -O _ .kt�►tio .+tom c -u• _ ..iasr� R► ltd -12x coe ftrat_ z_ Q .Q.: I f 0 T'r'y -s. 1-11:401-. s ac. urs z rntAakatAktro ve..ivatl l 32 rr I :rem-- i'r lox; Gin -1-ei\-'4":21'4\41-41"'"'• ;j2r4z4rti°44-'4A:;e2N:11.. 7 -;?*4%-l?,, q Ave._+Prorovvi I,i re.+. A., Rift cpstv,vt? >zµ Prv�,1� U1'rhs nP Lo ©oy L 25.151 0k got. 14,4Sues Ate op, A a.m..) Two i-o�y4.�r pv�s \1.1t. -\1,-1•N_ {OFi- of prbQuz.tik{ lint SEis-4n� N Qs- off- pro Ptpdi 8 Loc.A A-%6 v1 O Tr-toCI L to_ - vtoptY2..'k-t' L, rt� 411 cJA-'rt o n o P- 401..w Id s 5 1.14:Rw rt 9 �i�+Pr+nc. 3�wE�N ztrc..t..ctu 4 p._‘j t1� AA- �5 �� ai�f- S pip �Y Li 1 moat FAS 2s cr> api7 RECEIVED SEP 3 0 19Sr vittotA ga.p4; L ^ A ASF tact ofi -SE» o - J nog cit Dextuam 25421oePs0-100+ f,Lt )4‘:: i • • ." . ; • i • , - ; • •. 4 . .; • • . -;•• , A., f• 1, • .:._-._.....,.._. ..,. i _..i ., i_ , 1 • : •,, i, H ..., H . I. , . : i•• ,., . .,,____,tif. . , ... I . .1 •• l. '•''. 17-:-- , • , ____2_ _t__ , . -r i : • I , i ! , . -.' .1 ..• !...i. r•'.- I r 1 ... ':': 1 • t , .. i • i. ! 1 1 .. i ' • ; . i ' ..Ji , i - ., • .1.1••••-• • t. • • • t I . , 1 ; f. • I 1 • L. I ; • I- • • . 1. • ' '' , • 1 1 , i ---i , , , • , 1 • rr. -0,•giot r ' • • - • • • . • r 1t Tf-tz Lot- M4-0 s /0 C4 of r &.t-5 C%rl rf i- b1 in 65 `�� �._ ?v ra.1. 4 ►z tib 12- h 6o FL r' � S (.1 ,00 ,z) ' ri i'v\ n‘ most -11-14- SP,')1 _ spo 1 wol,,9 b /�, /1-1-4-11E o 0 012 / ,q v P S Ff. o s; d 1 s 2; 4 F s 40,74. L rt 4_134'141 Thaa; i._ t z i'S 1L� v �` � . , �- s� c:I-1-sf �? 4-141_ N 1t I-6,v‘E- ! 1So LSF [ W +t rut- �i�� l�vtAS 1 W i1 Ii c } t(L4-T-t r-1 Te' r i C W 1)o►A' 4 gt 1-44t_ W412-► 44( L. tot Lo tvo 6c- vi_bi� ��r��a+ry G,`���r �U Oo pr0163- W, ckNA. 1‘)0 o 40 rvio Dr's or.;-[ (v (tock. Tc�E s l vf— 14' 81'1 R4 e. lla4►'►S r8z? rgel .Z 1-'-s Ott_ ApFe„ri, S i.U# S N Lu f Ooorz i-., k-4.5 /Pt w,nv /44-d s# ,`ps &c-ued E. of zcs-F� 6P- � c� / � yprzYw;:°I1 Cwt 7owr) ? TSS pig -apo?, p'Zy ak lY 7q/lou-,_s 4SrYr�G/ eE-t45 �44-ct fC� U- i I oSS struck -4_ /O f Y RECEIVED NOV Wright Water Engineers, Inc. 0 219 99 818 Colorado Ave. P.O. Box 219 Glenwood Springs, Colorado 81602 (970) 945-7755 TEL (970) 945-92I0 FAX (303) 893-1608 DENVER DIRECT LINE November 2, 1999 Kass Burwell 0232 Comanchero Trail New Castle, CO 81648 RE: Review of Potential Impacts to Ditch from Proposed House Construction Dear Mr. Burwell: At your request, Wright Water Engineers, Inc. (WWE) conducted a site visit of the property at 0232 Comanchero Trail in the Elk Creek Subdivision near New Castle. The purpose of our site visit was to review the proposed location for a new house relative to the existing ditch that is situated uphill and approximately five feet from the property line. This analysis is required as part of the conditional approval for a variance in the property line setback approved by the Garfield County Board of Adjustment. SUMMARY Based on our site visit, the proposed location of the house will not impact the ditch provided the following conditions are met. 1. The distance from the ditch to the edge of the excavation shall be a minimum of ten feet. 2. A properly designed and constructed retaining wall which includes provision for drainage of groundwater exposed by the excavation is required to stabilize the excavation cut slope. The minimum height of the retaining wall shall be at an elevation where a line drawn at a slope of three horizontal to one vertical from the top of the ditch bank at the fence, would intersect the proposed retaining wall. BACKGROUND A sketch showing our understanding of the proposed house location is attached. Also attached is a profile sketch showing the ditch, existing ground, proposed excavation, and house structure. DENVER (303) 480-1 700 DURANGO (970) 259-741 I BOULDER - (303) 473 9500 Kass Burwell November 2, 1999 Page 2 Based on our observations, seepage from the ditch can and does occur in this area. The potential for groundwater should be incorporated in your foundation design. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. By: MJE/dlf 991-184.000 Attachments Michael J. r Project Man er , P. WRIGHT WATER ENGINEERS, INC. Date /1/Z/99 Sheet 1 of a 2490 West 26th Ave., Suite 100-A Proj. No. Denver, Colorado 80211 eroj. Name atarwe« Prov r4, Tel. (303) 480-1700 Des. By ale" Ckd. By Subject O Z3 Z Cawiatt gra Tt v'/, A49.4,./ C e f1e i •R ��II i r 'f��1 i j 111•1111•111111+ • ',,�.�� ... �...� ...• I • • ��. + ! • • i • 7�. --msww-K......... — ike. 1+� • � ! I I � I my � V- ■ a ■ � I 1 —_— i f.' ■InU■■ a i d 1A i I 1— A I--. 1 I ILIUM. EN 1 1'1 ■ ° f _ i , • \ 101111‘..9 1 _i I i1110111111111111Nk ____i ________ 11111111111111111Mil Milk ' i I J. _ . - WRIGHT WATER ENGINEERS, INC. 2490 West 26th Ave., Suite 100-A Denver, Colorado 80211 Tel. (303) 480-1700 Subject O Z, L Co* a►te.,era 'Th.l / Date 11/ 2/r? Sheet 2. of Proj. No. Proj. Name Gdrwd.l reo Des. By MJ O Ck . By 1 Paw Cot inie I ` MUM ■■■1111 ■■■■N■■■■ EMI ... ■5 ■MINE ■1111■.■.■■ III ■.1■■■ ■■ ■-+ .1111■■■■■■1111■■■■■1111 -% ..1111..1■■■.■.■■■.■■ c■■■■■■■■■■■■■■■.1m$.■■■ IIIMMIIIIIP1111111 ■■■■■■MII iiLP ■■!1■ ' E ■■■■■!1111■■1111■■ E111111111111111111111=1111111 imoi■■ ■ , 1111 ■1111■■ ■ili■ NM 1111■ 1111 I1' MO Mt . � } ; ; ■u■111/1 1111111111=11111111E ,, ■■■■■w■■■■■.1.111■ 1 0 N■■■■■■■■■■r I■■■■■■11..110■■ 11 ■■■■■■■■■■ ■■■ ■..■■m■■■■a 1111■ ■11.11 ■■■■ ■■■■■■■■ •■■1111■■ � II 1 i-1 „ 1 11 ■ l ' 1 F 11 S : 1 .�..,...,�: I ■ 1`ii 1,w,..r.ii. ■■w.!I■■■■ 1111 , ! i mur =, -11■•Pk :I ; ■s■11■ 1 ; ' - 1 I 1111■■■.1■ j ! r ■■■ I { i _ _ • i i..1■ l ■■■1111■■■■■■■.._ • • GARFIELD COUNTY Building and Planning Department October 26, 1999 Mr. Kass Burwell & Mr. Doug Wight 0232 Comanchero Trail New Castle, CO 81647 Re: Burwell/Wight Variance Application Dear Mr. Burwell & Mr. Wight: As you are aware, yesterday, at a noticed public hearing, the Board of Adjustment moved to conditionally approve your request for a variance from Section 3.02.06 (2) and (3) — the rear and side yard setbacks — concerning 0232 Comanchero Trail (Lot 4, Block 5, Elk Creek Subdivision). The conditions are as follows: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of Adjustment, shall be considered conditions of approval. 2. Under no circumstances shall the new unit encroach on any easements, nor can any support for the ditch be removed/altered. The applicant shall provide an engineer's statement assuring the County that no negative effect will occur to the ditch as a result of the variance and placement of the new unit. Furthermore, no below -grade living areas (such as a finished basement) will be permitted. An engineered foundation shall be required. The variance process will not be complete until the engineer's statement in item 2 has been provided. Once it has been provided, you may continue to proceed through the building permit process. Please contact me in the event you have any questions. Sincerely, Kit Lyo Senior Planner cc: Steve Hackett, Codes Enforcement Page 1 of 1 1 Assessor's Parcel No CHARGES Percolation Test $100.00 (includes final inspection) Permit Processing Fee $50.00 Check Cash Money Order Owner's Name Permit N° 3245 Su Nit f< v1 T. Address at System Location C) C.b Ma +ndlef D Zck t Ne ►.r, Cc i� CrAl (� Amount Paid Date Paid la y97 Cashier ALL CHECKS ARE TO BE MADE PAYABLE TO GAR 1ELD COUN While - APPLICANT Yellow - DEPARTMENT &SURER ;NER ,ADDRESS CONTRACTOR WW1 V jUUAL SEWAGE DISPOSAL SYSTEMA LICATION PHONE PERMIT REQUEST FOR () NEW INSTALLATION ( ALTERATION ()REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of are hab' building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See a e 4 . 'table AT N O PRO E FA ITY: p $ ) Near what City of Town Legal Description or Address OZ _ WASTES TYPE: ( DWELLING ( ) COMMERCIAL OR INDUSTRIAL, ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE: Number of Bedrooms Numb of Persons ( ) Garbage Grinder ('Automatic Washer (/fDishwasher AND YPE F WATER PLY: ( ) WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by CommunityWater, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: �� (i Was an effort made to connect to the Community System? VO A site lan is r aired to be submitted that indicates the followin Leach Field to Well: distances: Septic Tank to Well: 100 feet 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PEST WILL NOT BE ISSUED A ITE PLAN, WITHOUT ROUND ONDITI NS: ( ) TRANSIENT USE 1.4 1 Depth to first Ground Water Table Percent Ground Slope 2 INDIVIDUAL SEWACISPOSAL SYSTEM PROPOSED: • SEPTIC TANK ( ) VAULT PRIVY ( ) ( ) PIT PRIVY ( ) ( ) CHEMICAL TOILET ( ) FINAL DISPOSAL BY: AERATION PLANT COMPOSTING TOILET INCINERATION TOILET OTHER - DESCRIBE VAULT RECYCLING, POTABLE USE RECYCLING, OTHER USE ( ) ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRATION ( ) UNDERGROUND DISPERSAL ( ) SAND FILTER ( ) ABOVE GROUND DISPERSAL ( ) WASTEWATER POND ( ) OTHER - DESCRIBE ) Q -\j F 1 --e i l , f WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) Minutes per inch in hole No. 1 Minutes per inch in hole NO. 3 Minutes per inch in hole No. 2 Minutes per inch in hole NO. Name, address and telephone of RPE who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. 1 further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed `CQ..vL &ib1 Date PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! 3 q- 021 -11 • e Ronald and Cynthia Reed 218 Comanchero Trail New Castle, CO 81647 October 24,1999 To Whom it May Concern: This letter is in regard to the proposed placement of a new structure on the property of Kass and Holland Burwell, 232 Comanchero Trail, New Castle, CO 81647, and the proposed proximity to our adjoining property, in comparison to the proximity of the existing structure to our adjoining property. Ron and Cindy Reed, 218 Comanchero Trail, New Castle, CO 81647, want to let it be known that we have no objections to the proposed placement of a new structure, as described to us by the Burwells, nor to the proximity of the new structure to our adjoining property. Sincerely, Ronald W. and Cynthia A. Reed RECE1VEt OCI 2 5 199 • CommBurWig Ltr 218 Comanchero Trl New Castle CO 81647 October 24, 1999 Planning Department, County Commissioners, et. al We the Reeds who own and reside at 218 Comanchero Trail, Lot 5 Block 5, Unit 1 of Elk Creek Subdivision, (the property directly adjacent to the Burwell/Wight property - on the south, and arguably the most affected by the proposed variance) wish to state that we have NO objections to the requested variance by Kass Burwell and Douglas Wight, (as was described to us)(scheduled to be heard before. the Garfield County Commisioners on October 25, 1999). RECEIVED OCT 2 5 1999 Sincerely, Ronald W. and Cynthia A. Reed Page 1 &ezz/i- • • Ronald and Cynthia Reed 218 Comanchero Trail New Castle, CO 81647 October 24,1999 To Whom It May Concern: This letter is in regard to the proposed placement of a new structure on the property of Kass and Holland Burwell, 232 Comanchero Trail, New Castle, CO 81647, and the proposed proximity to our adjoining property, in comparison to the proximity of the existing structure to our adjoining property. Ron and Cindy Reed, 218 Comanchero Trail, New Castle, CO 81647, want to let it be known that we have no objections to the proposed placement of a new structure, as described to us by the Burwells, nor to the proximity of the new structure to our adjoining property. Sincerely, ,6a i(k Ronald W. and Cynthia A. Reed REC V0 00 2 , 199 111CommBurWi.g_I,tr 41110 218 Comanchero Trl New Castle CO 81647 October 24, 1999 Planning Department, County Commissioners, et. al We the Reeds who own and reside at 218 Comanchero Trail, Lot 5 Block 5, Unit 1 of Elk Creek Subdivision, (the property directly adjacent to the Burwell/Wight property - on the south, and arguably the most affected by the proposed variance) wish to state that we have NO objections to the requested variance by Kass Burwell and Douglas Wight, (as was described to us)(scheduled to be heard before_ the Garfield County Commisioners on October 25, 1999). RECEIVED OCT 2 5 1999 Page 1 Sincerely, Ronald W. and Cynthia A. Reed ,4eif GARFIEL o COUNTY ROAD MAP RwW 8101 i 1 1 •• 252 - 1_ 230; R 270 230 BLANCO Ft 92 W COUNTY R91 W 272 -'�- 230 277 279 245 i 253 278 280 245 WHITE RIVER NATIONAL FOREST 75 243 I T2S 1 / R9ow I 281 276 282 284 245 243 245 246 242 290 248 www 244 208 283 r R 09W r Avco UEP 0 ----- ----- 136 139 239 NEW CASTLE 137 SI of 137 RIFLE 321 320 346 319 33 • WHITE RIVER NATIO 132 +_ _ WEST GLENW00D 331 311 335 372 314 GLFNW000 134 SPRINGS 129 129 24 L_ • a GARFIELD COUNTY Building and Planning Department September 22, 1999 Kass Burwell & Doug Wight 0232 Comanchero Trail New Castle, CO 81647 Re: Burwell/Wight Variance Application Dear Mr. Wight & Ms. Burwell : Thank you for your application for a variance. I have reviewed the application and am in need of further information:. �. Please provide a sketch plan map, drawn to scale. I suggest obtaining a copy of the subdivision plat (from Clerk & Recorder's Office) and using it as a base map. y2. Please provide a vicinity map. An example is enclosed. Please provide a legible/reproducible copy of the deed. The one provided is difficult to t read/copy since it is faxed and has a gray background. Were the assessor's records used to confirm the owners of land within 200'? You will need to testify to this at the public hearing and I just wanted to be sure you are aware of the date the records were checked. It is important to understand the criteria on which the Board of Adjustment is authorized to grant variances. i have included section 9.05.03 from the Garfield County Zoning Resolution of 1978, as amended, for your ease of reference: [The Board is authorized to grant a variance] ... where by reason of exceptional narrowness, shallowness or shape of the specific piece of property... or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property... provided, however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (2) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; • • Please demonstrate how the shape or extreme topography of the property presents and extraordinary situation. Please demonstrate how the request is the minimum necessary (ie, is there any other possible way to place any single family home on the lot?). Can the hardship be practically corrected (ie, by building a different home on the lot)? Also, any "hardship" must be proven to be caused by zoning, not caused by the applicant (ie, the lot is not build -able vs. the applicant prefers a manufactured home to a site built home). Please understand that the Board of Adjustment is not authorized to approve of a variance unless it meets the strict provisions of the code, as discussed above. At this point in time the application does not contain the necessary supporting information called for by the code. l am available to discuss these issues with you if you have any questions. Thank you, Kit Lyon Senior Planner Phone: 945-82121 Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • • VARIANCE.: APPLICATION GARFIELI) COUNTY ZONING BOARD OF ADJUSTMENT Pursuant to Section 9.05 of the Garfield County Zoning Resolution Resolution Kass BuRwelt 4. 'J2u j LUJii+ , request(s) a variance to (applicant/owners name) Section 5.05• DAof the Garfield County Zoning Resolution concerning,5e•1 chs 6n1 �,i.nLLw-►� ' 4— S' ' permitS'Se+bacK onside A'aa in the Rr N Cz/ UD zone district. /QPare SuJTTAL REOUJREMENT& A. Sketch map: showing all improvements on the site, building sizes, locations, setbacks and access points. B. Vicinity map: showing general geographic location. C. Legal description of site - Copy of Deed of Ownership. D. Practical description of site - including address. E. Names and addresses of property owners adjacent to or within 200 ft. of the site (available at the Assessor's office). F. Where applicable: descriptions of domestic water source, sewage disposal and other utility facilities. G. Plans and specifications for the proposal. H. Narrative explaining why the variance is being requested. 1. It should be demonstrated by the above information and statements that, "...where by reason of exceptional narrowness, shallowness Qr atm& of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic C4nditiin of such piece of property, the strict application of any regulation enacted under this resolution would result in peculiar and exceptional hardship upon the owner of such property". (Section 9.05.03) J. Subject to the above findings, the Board of Adjustment may authorize a variance provided: 2 Q5.03 (1.): That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardships upon the owner of said property; 9.05.03 (2): That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan or this resolution; 9.05.03 (3): That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district and cannot be practically corrected. K. A $250 fee must be submitted with the application. 1RQC 1. Submit applications to the Garfield County Planning Department no later than the last Friday of the month in order to be included on the following month's agenda. Regular meeting of the Zoning Board of Adjustment scheduled on the fourth Monday of each month at 7:00 p.m.. 2. You will receive, from the Planning Department, a "Public Notice Form" indicating the time and date of your hearing. 3. Notice by publication (of the public notice form) shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located, at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. (section 9.05.04 (1). 4. Notice by mailing (of the public notice form) shall be sent by certified return -receipt mail to all owners of all property within two hundred (200 ) feet of the subject property at least five (5) days prior to the hearing, and the return receipts showing receipt of notice shall be presented at the hearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (Section 9.04.04 (2)) L -• L is Si The above and attached information is correct and accurate to the best of my knowledge. ( gnat icant/owr) APPLICANT: �. _ 1� PHONE: ?tom4?--4/5'9 9i MAILING ADDRESS: c 2;sZ l�yytLWrrC 62r] fi2 /0c- COS!' �t �. o g" 4�7 OWNER: �0(. e��,''C j4hiL PHONE: ell& ' O3 MAILING. ADDRESS: P. es*__..6./ h C o RECEIVED SEP 15 ,1994 .so. Ai r ,s LA1-12..e,s F • - RAIIVED SEP 3 f 1999 < 6. v Pr-> i2- o i3+1 stoCt- [ ��t F 401-vnti 4 4- % St. to 1 1 (, 1 Q 0 P- (- .2 4'0 pfV.c�.�►{ • %)l `c/NA_ ( i...,,\71:4_Lkib_n. Jigl�ti�! 4 4 • (,-f.Ui • &7f �i3Oaa GA((0 1 `csS pb,v F- t sFfs��-6lrc 4. w CYTIELS slotAME .511174 w 0t) sL-1t • • y Pk 6r1,. i� tj-, Cf.£� �L S ,b • X232 /y\ 04, N L) at\ %%(-(_ (A). S/ G e i � t 5 1.4r'4 5 u v -rix-cl s4- to`1AN o4 s {` `ritS(20sEC ' a 1 � ' ,lAA A s c W4 et vt ritU 4 bv✓1d B Cik (A)* , i- r vau L Or r U ►Q y • • „As orP 4 x" .26' F4 oarst °wk. 0 ty f4 \AI 1 f Sciu.€- ��. A 44.-:ILLJN2Z5C1 o‘LOO° L4 -f- OC) tkueluetAtecor bet A s 1�C�-5� r7'► r 0 Lo Cy4 -(o vLs \K1c -Iv IO Pi-- of p PU.tA+( kt'l% secsaU& i& ptcPtfeAlL' i 8 t`t° ..� t'M' SU 1 bA.fis a N € si4oLko LtO4.Jttn v1 o fF Twi � t,fz- 't] vtoptnil L r't i�4 f 41 so Locor? o fl 4W `t- 5 tic w trz stru..c-Vu12e, til ot_4— ar .2 P -A-- of -P-- pro p ttzL( +iz �. iqgf as cr> rzc- exCeor RECEIVED SEP 3 0 1999 p4eet' rooa riktotA < gO .61> A 16R - 1 A� NFA evils of l. AP EN vaW c.s S S cw, ream 2s121- oWsrd� o 4 RE•VED SEP 3 0 1999 1v4 (At-sq,u,A-122- 4 .y- 2S2S1 oI ooy GovkmocU R,o Trz.. Lo`- °°y (4-41\AAAA-esc-Latutizr rNkc suw2. s,, , Aptit. I • #" C +.t.TRA;1-tn 0.00(0:i m Lai- R 2 (mine (Ye �4 4-o 0101 S- to " (=rte. roptiet.tt c., 9441 oNtoOtt Z -t7 i it gevrAi. (3v-0 la Leal 1-ia _ ` F ..pv 1 lint VtiC 144- coerce 2.4- . FrpAN. froetnst y l i# oA ( u PPr : Z <411 a•2JO1ooLf Ef. to 32-0 lS S Lai- PP? RECEIVED SEP 3 0 19S: ill Lt, au+2 b'! i s pcbt S' P4- riS� r ci urr� LT4- 4-.. _C -4 -an. -Q fO ? p J. P c.Alt-_Loe-At i Unk. ki-k- v, - caavvat /64- 1.40,, 0 SE0-1(> '. ON cwt;=k e. X r s a AV cfir CA - {60 Z-141-> 13ettA ne-NpAt l 52 `fi`r C. Lk - esu A P÷ -3 de Ar e o -Ly t.; nt. (DL11ik _ P:r1 r1 q i1 Fr: rotva-.1 I� rpt Leh C -4-0"k yi yferfbr.preete.3y1 _ 14,1crx,n - coamik 2 P4PraOA. t Com` ulovLck sra c7 7,0-, v-41( &CEIVED SEP 3 0 1999 MT 4- dsk • • &can- i oP- fl a s 619-C k ay w 1l 0-e-1- a w Iry 7771-_S tat a 7D p 11.-s-4/illy er? �Y ,1(( w 4- 5rh.q c( e 2E r42- t 12_ #044cL ,S l"c-cc p05 S, l_, frvpte ly r/All u E_ L -o 5_S Si.? 3 01999 RECEIVED .UL) t '�'�-�- - U Ls. 7 'R reuzi pa\c_04-1-11_ Por 11 •TNt Lo -t- 14 -Pts t0 F-1 GYM' 441-2- bio a 13 1-cw4:\ .. tib / h 6o F4. ,'-- s (15 Arc' Lt) 6- r 1- 01)-02- s -S c? ✓� t C t4 6 .i A t ,� r9 s rrpo Ps YHErci �- s 42.r. 4.1.4 f4-✓ Tiw - �t2, '� 1Ll o ���, . � f= 5. -IL 3 Ike . l�0 ( 0-64-0 __ f- Oo 1.4-t. ' `11 4 -CE 9 �Vl • `�� �� j4 -cam.. IS s 14/n2+t ez_ R3y /p /z G fi • u:c WOU lc j,_ 1 + (O - ap PLEA - 0 L 0 - I=fes Sv tom& c t rt u 446 14M -SE i c1- % ovl - t(-9rC` Oc- Q4`y 1\'D -� v&- .b 6-- Pi N a Nv Gi Av.. `-Q 00 Q r -} u' CA -v &)0 1%.,P P -012__ A. 40 ego 8- Or,/ (4)&1( [ocL Teti s Pg_oEe 4- /so E,S orz_ 04 -PP& -1-('c kms+ N � f Doo t-k.S Cyt "y GO y 444_ wq 1ER- COvt, S. P,Axe\-. 4 ti L___. c, 6 CI )) --'-3 C 14 la 114- A S ,q- N SE io 1- ; 1I oo o (--,9 /oma c ovvt c �i`✓t v411- i n`t Cllp fe_ i4 ��;0 � p c 4th- E__ t4- pC}l- 6r. cu/1/.0 v?ct4L 0 Th , r 1 ..114'; Left (5c.7w,�� cz 175 T_�Z • • GARFIELD COUNTY Building and Planning Department October 1 , 1999 Kass Burwell & Doug Wight 0232 Comanchero Trail New Castle, CO 81647 Re: Request for a Variance Dear Applicant, This letter is to inform you that your request for a variance will be heard before the Board of Adjustment at 7:00 p.m., on Monday, October 25, 1999, in the Garfield County Courthouse, Commissioners Hearing Room, Suite 301, 109 8`s St. , Glenwood Springs. Meeting the public notice requirements for the public hearing shall be the sole responsibility, and at the expense, of the applicant and shall be given as follows: (1) Notice by publication shall be given once in a newspaper of general circulation in that portion of the county in which the subject property is located at least fifteen (15) days prior to the date of the public hearing, and proof of publication shall be presented at the hearing by the applicant. 2) Notice by mail shall be sent by certified return receipt mail to all owners of all property within two hundred (200) feet of the subject property at least five (5) days prior to hearing, and the return receipts showing receipt of notice shall be presented at the bearing by the applicant, unless the applicant is able to otherwise show evidence of adequate notice to such owners. (A. 80-180) Enclosed with this letter is a public notice form provided in order for you to meet the above requirements. We suggest sending the notice earlier than the required five (5) days, to insure the return of the green return -receipt. Be advised that the date of the hearing can not be considered as one of the five (5) days prior to the hearing. It is your responsibility to be sure the legal description you provided is accurate. If you have any questions please contact this office. Sincerely, K' Lyo Senior Planner Phone: 945-8212 / Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • • TAKE NOTICE that Kass T. Burwell and Douglas J. Wight have applied to the Board of Adjustment, Garfield County, State of Colorado, for a variance to encroach in the required front and side yard setbacks in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 4, Block 5, Unit 1 of the Elk Creek Development Practical Description: 0232 Comanchero Trail, New Castle, Colorado, 81647 Said variance will allow a single family home to encroach fifteen (15) feet into the rear yard setback and five (5) feet into the side yard setback. All persons affected by the proposed variance are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the variance. This variance application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The public hearing on the application for the above variance request has been set for the 25th day of October, 1999, at 7:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • Today's Date { Oh 11' Y Processed by GARFIELD COUNTY PLANNING DEPARTMENT BOCC, PC, AND BOA AGENDA ITEM REQUEST PROJECT NAME: TYPE OF APPLIC TION: (. l L ;1c • aril SITE LOCATION: 2 (_O ( APPLICANT: 4/Ma SC 6k--;iW e 11 1 W t MEETING DATE & TIME: ro DVV( Cited OC �c� 7 , rY} • ESTIMATED DURATION (TIME): 1/7- H DU r REQUESTED ACTION: / ti & ; CL. ) GAA 6.110-- tL p Irv", f Od_,r: rvtn (!a SECTION/TO NSRIPARANGE: L U' }- �1I— STAFF-PEANNER: 61-k- -WAS-7-1119-ITEM 1-k -WAS-'hIS-fl'EM AD No (i;. cIc o it) If yes, when? E-CIf-I#EA'RI OR?tletleliTEET8f (CIS. RECEIVED SEP 3 0 1999 77 s , dress FOR- pro 12 Y -y -A/ 1144 ,`N1 zd 0 F --f-, 4-3 sEss o tz-3.S t2 co QaS uvci2z ast-a. GoN rzm i -(444) Cts 4N R-29-99 will-��,�2;k L5-' conn�vIc%£�2.oTL - N�w (44M-4 c v- Er i< y "7 110 C.0N`10,<-N c.1-kozoTt 1\ w s -I-1 cc) . Iri vv ?' ro N ec km 0 kt 1 C� (Q -1c `-t cs cry . laj°7 i K -E 0-'arILT t c -c ( Lsk'r 'P -o• 't ox Wz Ak,u' c4sU lg.. co. o 1; yip.. 1. -fact �! OSIS corn ro.,r1c 1-1-2 O New cAsi--1.5- co. gu6(4•7 U,G E LEE PFALz zt,ipp 1531 (ou v Roicq 025 7 c o • g/64117- R? z8 3'�4 nn g. 4144.4 c' KC I03 ,7O/c P -d 41c.riudio0Spt2- 360 7 _� or L.+ .C10gC s � z /IftR o r p `T6Jvn L- ry (114/ cola AVE_ te-Nwl w60( �XiT‘S ? -o r vry % N' AA/ 14-1-10 574 • • SS 17.1825 I3-932 P-655 02/27/95 10:25A PG 1 OF ). REC DOC NOT MILDREI) AL.SDORF GARFI.ELD COUNTY CLERK AND RECORDER 5.00 5.99 t. THIS DEED , Made this day of February 24, 1995 between MARK C. TYR%L of the County of GARFIELD and State of Colors_ GLdolryofJ WI f1 art, and DO. FILING &IMP Ceyti CeQ /1 e.w-'-4_ c1/2 -9/9i whose legal address is P. 0. Box 453, Silt, CO 81652 of the County of C>RFIELD and State of Colorado, of the second part. W1TNESSETH, That the said party of the first part, for and in consideration of the sum of (****$59,900.00 ) FIFTY NINE THOUSAND NINE HUNDRED DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second pert, his heirs and assigns forever, all the following described tot or parcel of land, situate, tying and being in the County of COARFIELD and State of Colorado, to wit: LOT 4 BLOCK 5 UNIT 1 OF THE ELK CREEK DEVELOPMENT COUNTY OF GARFIELD S'T'ATE OF C0ELORAD0 also known as street number 0232 COHANCHERO TRAIL, NEW CASTLE, CO 81647 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, 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 said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the Maid party of the second part, his heirs and assigns, that at the time of the ensealing end delivery of these presents, he is well seized of the premises above conveyed, as of 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, end that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1995 AND SUBSEQUENT TEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seat the day and year first above written. _ STATE OF COLORADO County of GARFIEr D > ss. (SEAL) MARK C. TYRRELL (SEAL) (SEAL) The foregoing instrument was acknowledged before me on this day of February 24, 1995 , by I+iIARK C. TYRRELL My commission expires DeoesLbex' 23, 1996 Witness my hand and official seal. • /71)g/r 4( Notary PublicJ// Form WD WARRANTY DEED - For Photographic Record GW3438.3438 63438 • • The printed portions of this form approved by the Colorado Real Estate Commission (TD 72-11-83)1 IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS 15 A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer -- Strict) THIS DEED OF TRUST is made on this day of February 24, 1995 , between DOUGLAS 7. WIGHT (Borrower), whose address is Rn.yr, 453, Silt, CO 81652 ' and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of MARK C. T RREEIL (Lender), whose address is P. O. Box 112. Glover . • Vermont 0583_9 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of C7iRFTECa , State of Colorado: LOT 4 BLOCK 5 UNIT 1 CF THE ELK CREEK cowry CF GARFXELD, 8mTE OF COLMADO. which has the address of 0232 COMANCHERO TRAIL, NEW CASTLE, CO 81647 (Complete Address) (Property Address), together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated February 24, 1995 , in the principal sum of FORTY-NINE 72101USAND NINE HUNDRED AND 00/100 U.S. Dollars, with interest on the unpaid principal balance from Febi ary 24, 1995 , until paid, at the rate of 10.75 percent per annum, with principal and interest payable at P. 0. Box 112, Glover, Vermont 05839 or such other place as the Lender may designate, in 300 FOUR HUNDRED EIGHTY AND 10/100 payments of: Dollars (U.S.$48O.10 ) due on the 18'I' day of each I'BCIfI'H beginning April 01, 1995 ; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on March 011 2020 BUYER SHALL PROVIDE PROOF OF $50,000. LIFE INSURANCE POLICY TO THE SELLER EVERY YEAR IN THE MONTH OF JANUARY. and Borrower is to pay to Lender a late charge of 5 % of any payment not received by the Lender within 10 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except INTEREST ct LENDER DISBURSE:HM'S UNDER THE DEED OF fWST MALL BE 12 PERCENT PER ANNUM. DEFAULT 7NI'FRE$T RATE SERIAL BE 18 PERCliNT PER ANNUM. B. the payment of all other sums, with interest thereon at 12 % per annum,, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants, if any, as of this date and except 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebted- ness evidenced by the Note, end tate charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funis for Taxes end Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. No. TD 72-11-83. DEED OF TRUST (DUE ON TRANSFER - STRICT) GW3438 Page 1 of 4 • • 6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust and any prior liens. Borrower shalt pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforce- ment of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. Property Insurance. Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of (1) ;he insurable value of the Property or (2) an amount sufficient to pay the stns secured by this Deed of Trust as well es any prior encumbrances on the Property. Al! of the foregoing shall be known as "Property Insurance". The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, end shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16(Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds, at lender's option, either to restoration or'repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change in the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, titte and interest of Borrower in end to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the suns secured by this Deed of Trust immediately prior to such sale or acquisition. Atl of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies end insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under paragraph 6 above, if the Borrower faits to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior Lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,et Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such suns and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action Hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any con- demnation or other taking of the Property, or part thereof, or for any conveyance in lieu of condemnations, are hereby assigned and shall be paid to Lender as herein provided. However, al! of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of suns secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make en award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given. Lender is authorized to cottect and apply the proceeds, at lender's option, either to restoration or repair of the Property or to the suns secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments. 12. Borrower Not Released. Extension of the time for payment or modification of amortization of sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shalt not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower's successors in interest. 13. Forbearance by Lender Not a waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shalt not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from any curutative to all other rights or remedies under the Note and this Deed of Trust or afforded by taw or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 24 (Transfer of the Property; Assumption). Alt covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a)any notice to Borrower provided for in this Deed of Trust shall be in writing and shatt be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by first-class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address es Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of 'rust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. • Page 2 of 4 • • 18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shell be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law, Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash et the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels es Trustee may think best and in such order as Trustee may determine. Lender or Lender's designate may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sate to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shalt be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occured, and the foreclosure proceedings shall be discontinued. 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shalt also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice - notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or ebendorment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shalt be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first, to payment of the costs of preservation end management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Release. Upon payment of all suns secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereofter enacted. 23. Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds a5 defined below are being paid pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal and interest are payable under the Note, until the Note is paid in full, a sun (herein referred to as "Funds") equal to 0 of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus 0 of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates,thereof, taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the Fund: analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, en annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust . If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is give. in accordance with paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Upon payment in full of ail sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property Is otherwise acquired by Lender, Lender shall apply, no tater than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs first, any Funds held by Lender at the time of application as a credit against the suns secured by this Deed of Trust. 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title ( or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50X) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as e Transfer are (i) the creation of a lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household appliances, or (iii) a transfer by devise, descent or by operation of the taw upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to paragraph 24 to Accelerate, Transferee shall be deemed to have assured all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid"In full. The Lender may without notice to Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said suns, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. (c) Should Lender not elect to Accelerate upon the occurance of such Transfer then, subject to (b) above, the mere fact of (apse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or contructive notice of such Transfer, shall not be deemed a waiver of Lender's richt to make such election nor shall Lender be estopped there- from by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. Page 3 of 4 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. EXECUTED BY BORROWER IF BORROWER IS CORPORATION: ATTEST: (SEAL) IF BORROWER IS PARTNERSHIP: STATE OF COLORAD �rI if" COUNTY OF doing business as Name of Corporation by Secretary President )ss. Name of Partnership by A General Partner The foregoing instrument was acknowledged before me on this day of February 24, 1995 by * DOUGLAS J. WIQ-IT Witness'prhand and officia sea 'My coni r sf oii o ary Public LAND TI'T`Ln - a E r DI p0 817 GOTH' * * s AVE. GLENWOOD SPRINGS CO 81601 V 'If a natural person or persons, insert the name(s) of such person(s). If a corporation, insert, for example, "John Doe as President and Jane Doe as Secretary of Doe & Co., a Colorado Corporation." If a partnership, insert, for example, "Sam Smith as general partner for Smith & Smith, A General Partnership." Page 4 of 4