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AEGarfield County Community Development Department 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com I LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION 9 Administrative Review ❑ Development in 100 -Year Floodplain ❑ Limited Impact Review ❑ ❑ ❑ Development in x.00 -Year Floodplain Variance Code Text Amendment Rezoning ❑ Zone District[] PUD ❑ PUD Amendment ❑ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR ❑MIR ❑ SUP ❑ Minor Temporary Housing Facility ❑ Administrative Interpretation ❑ Vacation of a County Road/Public ROW ❑ Appeal of Administrative Interpretation ❑ Location and Extent Review ❑ Areas and Activities of State Interest ❑ Comprehensive Plan Amendmen ❑ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development ❑ Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant _ Name: JAMES J FUNSTEN Mailing Address: PO BOX 1950 City: CARBONDALE E-mail: FUNDESIGN@MSN_COM Representative (Authorization Required) Name: N/A Mailing Address: City: E -mail - PROJECT NAME AND LOCATION Phone: ( 303 ) 587-3774 State: CO Zip Code: 81623 Phone:( ) State: Zip Code: Project Name: 3627 CR 100 SMALL CONTRACTORS' YARD AND BUILDING Assessor's Parcel Number. 2391 _ 312 _ 00 _ 004 Physical/Street Address: 3627 COUNTY ROAD 100, CARBONDALE, CO 81623 Legal Description: SEE ATTACHED LEGAL DESCRIPTION Zone District: RURAL Property Size (acres): 4 PROJECT DESCRIPTION Existing Use: SINGLE FAMILY DWELLING, AGRICULTURAL USES AND LEGAL NONCONFORMING USES FOR 45 YEARS. Proposed Use lFrom Use Table 3403): CONTRACTORS YARD, SMALL Description of Project: TO FIND AGREEMENT BETWEEN OWNER AND COUNTY ON LUCP SO LEGAL NONCONFORMING USE CAN BECOME PERMITTED CONFORMING USE THUS ALLOWING GARAGFISHOP BEING CONSTRUCTED TO ENCLOSE THE MOST PERSISTENT LEGAL NONCONFORMING USE WITHIN A STRUCTURE. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards I7 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-1001 B. Section: 7-1001 C. Section: 7-9001 D.3 Section: I have read the statements above and IOav�- provided the required attached information which is correct and accurate to the Signature of Property OFFICIAL USE ONLY File Number: - of my k o ' dg r c C3 Date Fee Paid: $ AEGarfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") JAMES J FUNSTEN agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 3627 CR 100 SMALL CONTRACTORS` YARD AND BUILDING 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs 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 expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: JIM FUNSTEN Phone: ( 303 )587-3774 Billing Contact Address: PO BOX 1950 City: CARBONDALE State: CO zip Code: 81623 Billing Contact Email: FUNDESIGN@MSN.COM Printed Name of PersonAutho a sign: JAMES J FUNSTEN 09 n a t e) (Date) Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 i (E) jyeilicoftarfietd-county.com Account Information Account: 8011542 Parcel: 239131200004 Owner Name; 1=UNSTEN, JAMES J Owner Address: 3627 COUNTY ROAD 100, CARBONDALE, CO, 81623 Property Address: 3627 100 COUNTY RD, CARBONDALE Legal: Section; 31 Township: 7 Range: 87 TR IN LOT 3 & LOT 4 Tax Area: 011 Subdivision: Sales Information Date Deed Type Doc Number Grantor Grantee 12108/2005 WDAmount 688189 TROXEL, RONALD A. FUNSTEN, JAMES J 731,000 Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2015 200,000 277,460 477,460 15,920 22,090 2014 190,000 268,750 458,750 15,120 38,010 21,390 36,510 Property Details Madel Attribute Name LANs] 0 Attribute Value ABSTRACT—CODE SINGLE FAM -RES. -LAND AREA ACRES 4 ARFA_SQi=T 6 NFIGHBORHOOD CARBONDALE AREA - AVG QUALITY i Filed for record the day of ,A.D. at o'clock M. RECORDER.' Reception Na_ By DEPUTY. WARRANTY DEED TFIIS DEED, Made an this day of December 08, 2005 between RONALD TRO%EL of the _ County of and state of COLORADO , of the Grantor(s), and TAMES J. Fi3NSTEN whose Iegat address is : 3627 COUNTY ROAD 100 CARBONDALE CO 81623 of the County of GARFIELD and State of GQLDRADO , of the Grantee(s): WITNUES, That the Grantor(s), for and in consideration of the sum of ($731,000.00 ) Seven Hundred Thirty One Thousand and 001100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sett, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELE, and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number 3627 COUNTY ROAD 100 CARBONDALE CO 81623 TOGETHCER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversfon and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the enseaH ng and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, KHSCH PARTY OF THS FSRST PART Z?BRHBY AGRBH9 TO PAY AND HAVE RHL.RASHD OF ARCORD. The Grantor(i) shaLL and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof_ The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS IVNE'REOIF the Grentor(s) has executed this deed on the date set forth above. RON L A. TR04L STATE OF COLORADO } )ss. County of GARFIELD ) 10.14 60 11i 1 A TRACT OF LAND SITUATE IN LOTS 3 AND 4 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 37 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 31 AND WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF A COUNTY ROAD CONSTRUCTED AND IN PLACE, SAID TRACT OF LAND BEING DESCRIBED AS FOLLQ S. BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 31, WHENCE AN IRON POST WITH A BRASS CAP, FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTH QUARTER CORNER OF SAID SECTION 31 BEARS: N. 89 DEGREES 55'23" E. 65.03 FEET; THENCE S. 00 DEGREES 0913711 W. 290.00 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD; THENCE S. 89 DEGREES 5512311 W. 600.00 FEET; THENCE N. 00 DEGREES 0913711 E. 290.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 31; THENCE N. 89 DEGREES 551231' E. 600.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD, THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO JAMES FUNSTEN-OWNER 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 Mineral owners of record report: - Search at Cleric and Recorder for conveyance or extension of Oil and Gas Lease dated 05/05/1960, see attachment and found none. Lease may have terminated after five years. Search under the name of F.S. Dashner for conveyance of mineral rights in Township 7 South, Range 87 West,6`4 P.M. Section 31 Lots 3 & 4 and could not find evidence of chain of interest. - Met with Casey Lawrence — Minerals Clerk in the Garfield County Assessor's Office. We did a search of records of mineral accounts in the properties location and found none. Sincerely, James J Funsten Filed ,for record July l2, 1960 at qq 15 Peps Book 3�$ P2 idrpt f. 1�-.es-•cz Reception #210 Chas S �e ,husstttHv�llf�rltp Kan., Okla. & Colo: K AND GAS LEASE Recorder .sw �.. T11I5 AGR.EE[liBNT, E.Lrrad LOW this the 5 rh day or_ May a.twcen_. F. L'. Qashner, a sinl±le than - Carbondale, Colorado - --- ereiaaltar called lease,. �d _'r'rancis N. Chris tensena_Clerlwood Snrinesp Colorado erelaafter called leaaae, does wIt ass: x. That tensor. for and .In eoaa[derion .I the — or -Ten and -m e-- - -- - - - - TM.[i-.1-_0-,_.-._00- I. in hand paid, snit of the co as La ad aVermmats hereinafter eantatned to be DerfOrmed by the lessee, has this day grayed and la—d and hereby grants, leu. alit IM! Win Lbt If"" tar the purpose d1 aiming end operating fpr and producing ora and gas, casingbred gas and casinghead gasoline. laying pipe date, building Looks, atorlDg all, budding powers, antlona, telephone ILaoA and other s1ractUres, thereon to produce, sere, take care of add maaufacture all at aaab kubatapees, and for housing and 4a%rding MPIQ7ee5. site following descrlded tract of land kv Garfield `Ail), 7 South,.,ea 8,7 West_�bth_P.t;. _,_.... _Sec. 31 = Lots_2_t_o 7, inclusive, Lots 12, 13, 18, 19, part of Lot 1-11 and of NELSWk described in Book 217 at Page 312, Garfield County records, in Township____ ') . Rangr,._�__, add esa Waiinv 274.86 acres, mare or I_. R. Th!5 Seine shall remain In force for b term ori (ib. _LEgrs entl as long cbereafter " a11, Sas. casinghead gas, casinghead gasoline ar any of them 1. preduced. f�ve [j} 3. The leasee .hail dell— to the eredlt o1 the tesla, u Loyalty. I— of coat, 1n the Alpe time to whlrL lessee y connect :I5 rce113 the equal one-eighth part OF Jake grieeeuid vId from anthe tlhesday reob An Is r— to,. or at the the plpaf0 nems ]oto tI-.%. tinkafar such one-rJghlh rolaltp Lhc macktt pr!cc for -.. The le5src ah.11 pay Senear• Re rovaltr. ore -eighth An the proceeds Tram Lax mL,of the gas. as such. for gas 1— walla vbeie gar only. is found. oak where rat sold 3haLL pal' Flftp 1;eD.00V Lio]Isss per anndm as rovalty 1[om eaeh Such well, iatl while SUUa inyalt 1' is so paid such well ah all be held to he a producing ell under paragraph dMbcred two hereof. Tho lessor to ft -t gas free o[ charge from any gas wail o the Tensed premises for staves and tai de :Ighla Ir the p,tnelpal dwelling house on said land by making his own connectio.. with Lhr well, 1.1=e ne. of saidgasLo tre at Wr lessor's sale ilii: dna ex - Pause.. The lessee shall Pay to Icssar for gas Produced from WAVII well and used by fit, lessee tar the manufacture of gsseline ar any the, prtduct. as rap- altr, o e -eighth or the market value a1 welt gas at the mouth of the we If sold gas is sold by the lessee, thin as loyalty one-eighth of the proceeds of the. dale therm[. a. It oporR[lons for the drililPg Df a wrlI [or oil or goo ar not camrno.l. an said land en or Oct— one year [Iom this dale. thla len}c shall Lermloatc n [o hoth Valli., unless the I'mshell, on or before one pear from this date• pay or teader to the ]—or ar for the lessor's credit 1n the First National Hank at Glenwood Springs, Colorado or it, successor., shith ban; Red Its avecrasors are the ]essdt'a egtut wind ap.11 cegttane as the depository of any and all sums payable under this leas,, re ga,d€cbs of changes of ownership In said land or In the PLL and a-, or la the ,taints to .cotta theeedooder. the at -m of �Ewo I3unClred Seventy-, Four and 861100 - - - - - ----- - - - - - it.- <s_274 $(1 -1 which shall aDerate as en Lal.0.nd rover the prh fFege o! deferring the eommemcement^a2 d[ifIiOR pP. -tjoas Loc Par" of ane Tear. in like man rand upon Ir• P'T"" Ls . tenders. Lh, cammene went oI drilling aP-11oris may 4e further deferred for like periods suecearlselY. All payment; tenda,s inns 4¢ made by cheek nr dralL of lneee Or any aeaI,,. the[tat, mailed or delivered on or he[or. the r nidi saying dale. Netwllhsta.ding rhe death of the lessor. ar his succeasur 1. interest. the peymeat or tender at reutals In the Mande, DmIlibd ober. shalt be binding od the heirs. dads % sxacutars, mrd sdmi.Mrawra of such peraan. Q. It at am time IIrFor to the dteeo4ery of oil or gas an thin ]dad and dmring the term e[ this lease, the [I.— aban 4,111 a dry hal:, or boles, an fish lend. this kat shalt at ter{ninnte, p[oslded nperatlane for the drdLmg e[ a w[31 shaFl he eommeaced Ithl» twelec menthe from the exp€ration n[ tie Sast ren,a3 prdod fpr which rental has been paid. or DravWad that within sat, period the leasee begins r e 5 the payment .l rantnts In the manner and amount herein above prorided; and In this crept the preceding paragraphs hereof garerning the payment atrrental6 dna the manner and of lea thereof "bail continue in I—. I. in dobe bald le-]ao[ o a less in Lore In he above described tend than the entire and u divided fee stlnpit estate therein, then the roylhie5 and rentals hc,ela provided for aM be paid the said )essar only In in, proport{an irhloh his interest bears to the whple and =divided Sec. B. The tide,, Shall have the right to Use Sree o[ Lest- Ras, oil d our Lama, an said land Sar its operations thereon, cseepl water from the -11. of the Ieaaar. i5'htn epal[ad by learnt, the 1e544C 51161] bury D1pe lines below plow depth dad shall pay tar damage reused by its aperaLFons to growntg craps do aal0 Sand. No well sh911 be drilled P arcr than Rga tree m the house or Darn naw on sold premises withevk written consent of the laird,, lessee shall have Nie rl.bL at any %line during or atter the pxDlLetlon Of this leeea to remove all madhinlry, flrtnce5, housed. balldlpga sod other structures pltead on said Premises. lncludlax the right, m draw and remove R11 cdsing. ;. ]f the "tate at elther party barna U assigned rand the prsv liege a1 assigning Ln whale or in PH to 'Pic nuowadl. the covenants hereof "'Irg extend, to the heirs, xeculora, admtniatr%tors, u ors add asafgrea, buL no change of ownership In the land or In the talo ar royalties "ball lx binding Oh the leasee until eftar notice b the Lessee dad le has Leen furnished with the written transfer or assighrdlnt ora certified .1F thereof, rn the ereu£ this tenet shall be asalgnrd na to a part or as to porn of the above de tbed lauds. and the holder ar owner o[ any such pati or pins shun fail or waste default. In Lite pe9mene o[ Lae to rt part [rho rent one from him or them, each default shall not operate to defeat or affeR Chia Ieese !a so car a5 It ravers a part or parts of aeld land upon which the said lessee or any Sskgnee hereof shall make aur p=swat[ o[ said Lars. If at any Lime West, 4r as menF �' [Dent Wttbeafl€etlltl rtheelenet,, a common age t to ecclve .111 payments aur- hereunder, and to re utre di ikon and tronsfe� ordem On behalf cor iOiid 'nM In -s• with m as oe. n exec ia. Lesaan tteleey war n nit grcta cu ahc t. n�tev..v eve di.a,.hiv�ue dry tags., mortgages, err Char liens .;]sting, levied. or abagasIE on agelpat ttbe cbu4e desertbed ]Ands anE,vin �srnc ietexe°cases era n orison. n subragaied to the rlgh[s of any border ar hollers there.[ and may reimburse Itself by apPlytu% w the dtscharge of any such mortgage. etas r other Len, auY Malty at rantois acer.l., hereonder, men . lt. No[n'Ithalnnding arpthing In thf5 l..ac contained Io We rOPL—Y, It is exp!—Ly agreed that if loss" �fonal are prvSeCmLed�Rd, ll apradve{jon„pesvl{9 wh111 this leash tt In face. Wes 11. aharl [imam in fart@ atld Its Lerm Shan mutinue aP loug as su p¢ra r therefrom, thEA na long na producilen eentinue:. "ria. w[thln the prtmarp term r iltlb lease prod"tioa on the ]taa.d premlaea shalt lease from any [au5e, thea lease hn51 net lerm5— provWy Ppeca- tlaps for [he dl. th e( a well aholi b! commenced before ar on the next .vias [¢Ptal perinH date: or psavk- d I— bEglris or is the pnFmenG ll rental, In the Amomo d ..unt hereinbefore Provkdte, r4, a1Ler the .Whatton of the primary t¢rm o[ Cala 1 e, Production n the vleaeed preml. shall ,tare from any u c this ]Celt Sha75 at terminate p[ae4ded Inset iebrlme5 operations for drn"ng a well within sixty Lio1 days from such ccosa!:en, and Ch's I— .hall remain in [.Ice during the prnrecutian a1 such .Pia do and. 1[ production results therefrom. then as long as y Production cow iu-111 I3- Uses. may at any Ltme and from time W time sdrrend” this lees. as to any part or parts o1 Lhe leased pcemlbeE by deilYering os msk[lag a Ycieasc Wareor to %he Ifa,ar, or by Platlng a release tbe[eOf of reward In the prayer vaunts. 1 l;. ge an This ledd all Lts Lerma, eaadl[sous, and xLlpufatlons afoul extend to and be boding on alt souessors or said lessor Pr lessee Ia. This team shall hot be terminated, 1n whole or In pert. nor 0V lessee be held liable to damages. far [dour. rV comyF➢xwith the express or fm` ptledeamrann here.[, If mmp4tanie thereakW is prostrated by, or IS trach teuare Ss the caul{ of, ens Fedefal or Starr lams, a ecutive criers, riles, o egulatlana- M. at the end of the primary term ber-L such term a.s dot been exam ode bmp prptivc[lon ar druting as in this lEase provided. end lessee, ' hp reason DI Ra of LAC abovC rCCI[Cd causes, Is unable t0 ,[Ili a well an Gh[ Stas ad ISCS lar Oil a[ g8b. [b Prlme*y Lerm end the Yenlal pt.v{SioR hereof shall be Wended sotoma%iCRl ly recon syear W year until the hr't aor[rerserY hermi .......... bitty 1.a1 Pr more lags fellewlag L=t, Yy➢1 f L3le inti..}t delaying cause. During any period that leases is unable to produce aaa;ar market any Proila.. fom the leased premises by reason o nn o ,tilled camata. this lease shall xemeln in {all farce and eliect. ;b Lessee to heiaby given tea right ll tri opt5a., C any time and from Lime to. time, Lo pool ar unitixe all ar any Part or parts of the above de- sQ€bed land with other land. ie ase• or HR.eS to the Immediate virtrilty Werdo[, such Pon am la br iota t—Itom: dot exceeding the what su slue tract on Walsh won may be drilled mrdar laws, rules- or regulatuma in [Dies at the time or such Pooling oc anitlsation: p[Ovi . however, that micls units l exceed Sv ch miw!mvm or It more than Len acres If such r vara Lb neceasory in order W co corm 40 ownecshlP ambdirfsrorta r Irasr tines. Lessee Ehall extrci n seltl optlao, n earl, dcslrld unit, by a CSA% and retarding an I»slrument menLl[g1»g the ual[lud arta. Any it dCilled or operath, conducted any ➢net o[ each sdch unit lhRR h. corridered a well drlFled or aperatl.tis tondueetd rand., this ]t9aR antl there �ba,l be nlloeatea W the portion h0f-uhh above described ]and Included in y such unit such Praporli0o o[ the actsssl pcpduutloa from eU wclIs on 6Pch unit as le Eaor'a L te[esl, Fr ve e pOrtlan, vied n ai acreage baso. hears !e the entire aC[eRg. a[ sueb unit. And, ft fa waderatood and agreed that the prodveflov a kllpeated shall Baled sin r ehtouvl[ la the .awe maauanerg rhshouarmgh Prudae:d tromdelflp the [aoTy tFEexrWtd iandu under thettermsro [ dkr le ve e[ We above dcacribed land In- IN wIT`rESB WHgplXOF, we sign the day and year firbt above written. ,;�o.GY2 Book 328 17. 1%otvithatanding anything in this lease to the contrary Page 234 this lease shall cease and terminate three years from its date unless there shall be commenced operations for the dtilling of a wall for oil and gas at a location within 4 miles from the corner common to Townships 7 and 8 South, Ranges 87 and 88 West of the 6th P.H." 18. "If Lessee has encountered water in a well which it has determined to plug and abandon, Ledate shall notify Lessor at the address shown in this lease, who, within twenty-four (24) hours thereafter, shall notify Lessee whether he elects to take over said well. If he does so elect he shall pay Lessee the reasonable selvage value of the easing in the well and execute proper instruments Indemnifying Lessee against all liabilities which may there- after arise relative to said well including the plugging and abandommnt thereof. If he does not so elect or fails f to timely make any election this section shall tarsinate �. -and be of no further force or effect." SIGMM FOR FD6 IFICAT t ,r S9'�TE�F_:—_ ro�or�ao F F}., � Garfield } ss. ACKNOWLEDGMENT FOR INDIVIDUAL (Kan,., Okla., and Colo.) undersigned, e Notary Public, within and for said county and state, on this may personally appeare wn to he the identical v persotL_whe executed the within and foregoing instrument and acknowledged ge to me :-•,,tecuted the same as___i�i..5—free and voluntary act and dew for the uses and purposes therein set forth. a �33F$EOF, I have hereunto set my hand and official seal th ay and year fast above written. e - 4 Notary Public. l OF -Y ss. ACKNOWLEDGMENT FOR INDIVII)OAL (Kann., Okla., and Cola.) 111 Before ane. the undersigned, a Notary Public, within and for said county and state, on this, :day of _-� Personally appears to me pemonaily known to be the Weaticai person—who executed the within and foregaialg instrument and acknowledged to the - chat` executed the same as free and voluntary act and deed for the uses and IN WITNESS WHEREOF, 1 have hereunto set m hand and n£ficiai seal the da Purposes therein set forth. . y Y and year last above written. My Corr mission expire Notary Public - STATE Gr COUNTY Oir—___,. ss• ACKNOWLEDGMENT FOR CORPORATION On this day of , A. D., 19— before me, the undersi goad, a Notary Public t e'ne fur the counts and state the i:ri,-1, Qersanaltp appeared_. L"fberne personally known to be the dentucat person who signed the name of the maker thereof to the within and foregoing -Z rnstlnrment On its_�yresident and acknowledged to me that -:�7aluntarY set and deed, and as the free and voluntary art and deed of said Cor executed the same as free and corporation, for the uses and purposes therein set forth. 4.::" -, Given under nay }rand and seat the day" and year lost above ariftea. r_ Bib commission expires,. - i. F °21, V 3 -Y Notary Public. LU L!i f i. F °21, V 3 -Y Notary Public. y .. (L 0.0 C m n W o m�u C, C� mx Garfield County Land Explorer 239130300011 Not available HUGHES, LAEL E & EDDIE R011276 CARBONDALE V 239130300013 3655 100 COUNTY RD HOLGUIN, MARCELINO R011398 R011200 R112078 3844 COUNTY ROAD 100 CARBONDALE, CO 81623-8808 3655 COUNTY ROAD 100 CARBONDALE, CO 81623 1290 FOX RUN LANE ELKINS, AR 72727-9306 450 LIONS RIDGE ROAD CARBONDALE, CO 81623-8804 8112078 450 LIONS RIDGE ROAD CARBONDALE, CO 81623-8804 R007826 3400 N ADAMS ROAD OAK CARBONDALE R011542 239130300014 3657100 COUNTY RD WHITE, DAVID J & ANNA R008547 CARBONDALE M 239130401019 Not available LIONS RIDGE CARBONDALE HOMEOWNERS 485 COUNTY ROAD 112 ASSOCIATION 2391 30401 01 9 Not available LIONS RIDGE CARBONDALE HOMEOWNERS ASSOCIATION 239131100032 100 COUNTY RD BCR FAMILY LLC CARBONDALE 239131200004 3627100 COUNTY RD FUNSTEN, JAMES J CARBONDALE 239131219001 Not available JRP, LLC CARBONDALE 239131219002 Not available JRP LLC CARBONDALE 2391 31 21 9003 Not available JRP LLC CARBONDALE ROW Not available null ROW Not available null R011200 R112078 3844 COUNTY ROAD 100 CARBONDALE, CO 81623-8808 3655 COUNTY ROAD 100 CARBONDALE, CO 81623 1290 FOX RUN LANE ELKINS, AR 72727-9306 450 LIONS RIDGE ROAD CARBONDALE, CO 81623-8804 8112078 450 LIONS RIDGE ROAD CARBONDALE, CO 81623-8804 R007826 3400 N ADAMS ROAD OAK BROOK, IL 60521 R011542 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 R008547 485 COUNTY ROAD 112 CARBONDALE, CO 81623 R008548 485 COUNTY ROAD 112 CARBONDALE, CO 81623 8008549 485 COUNTY ROAD 112 CARBONDALE, CO 81623 JAMES FUNSTEN- OWNER 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 Project Narrative — 3627 CR 100 Small Contractors' Yard and Building My goal for this LUCP is to bring this property into conformity with Garfield County. This property has a legal nonconforming use that dates back to the early 1970s. I have an ongoing project, permit #BLRE-04-17-4662, for a residential garage/shop. I hope to enclose the most persistent legal nonconforming use comprising of parking and maintenance of my own vehicles and equipment in this building. This alone would be a shift toward preferred conformity. I have requested waivers on 7-1001 B., "Setbacks," 7-1001 C., "Concealing and Screening," and 7- 1001 D.3, "Storing,". I hope to find a middle ground that is agreeable to both parties. i propose a 50 foot setback on setback and storing instead of 100 feet; see setback map. The request on concealing and screening is in the interest of maintaining the character of the area as it has stood for many years with natural vegetation acting as the screening. It has worked well and when the yard is in a time of lower use, it looks like a pasture instead of a screened contractors' yard; see photos. With these suggested waivers of standards, I will continue to have a functional contractors' yard and bring the property into conformance. Without this LUCP, I would have to continue the legal nonconforming use as it has historically been and just use the shop/garage for residential use. This would be a frustrating outcome for me. I believe we have an opportunity to make this property better for Garfield County, neighbors, general public and owner while putting a the legal nonconforming use in the past. This LUCP would also preserve in conformity a contractors' yard that serves as an asset to our valley in good geographic function and traffic safety. The uses for 3627 CR 100 Small Contractors' Yard and Building will be the following: general contracting, trucking/logistics, indoor/outdoor storage of equipment and materials for construction and production events in our region. Sincerely, Jim Funsten AEGarfield County Community Development Department 108 8t" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.igarfield-county.com TAX PARCEL NUMBER: 239131200004 PROJECT: Small Contractor's Yard OWNER/APPLICANT: FUNSTEN, JAMES J REPRESENTATIVE: N/A PRACTICAL LOCATION: 3627 100 COUNTY RD, CARBONDALE 81623 ZONING: Rural DATE: August 3, 2017 TYPE OF APPLICATION: Administrative Review for a "Contractor's Yard, Small" I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to permit a small contractor's yard located off of County Road 100. The 4 acre property is currently developed with a single family dwelling unit and has been issued a permit for an Accessory Dwelling Unit. The property is currently used for Contractors Yard purposes and the use is considered Legal Nonconforming. The purpose of this application is to obtain a permit for the Contractors Yard use, which would allow a garage to be built to store some of the equipment. This property is zoned Rural and is designated Residential Medium Density (6-10 acres per dwelling unit) on the Comprehensive Plan 2030 Future Land Use Map. Garfield County GIS does not identify any geohazards on the property. The Community Wildfire Protection Plan (CWPP) shows the property as having generally very high and not rated areas of wildland fire susceptibility. The contractor's yard is to be less than 5 acres in size. The Applicant will need to delineate the area(s) of the property to be used for the contractor's yard as part of the site plan. It is understood the Yard would include a building and activities including storing of equipment. An office is not understood to be a part of the facility as the Contractors Yard. As a result, the facility is not anticipated to require demonstration of water and wastewater. The applicant will need to provide a description of the use in the application including any employees who may use the site, any proposed water and wastewater facilities, and the type of equipment proposed to be stored. If the facility creates more than 10,000 sq ft of impervious surface (including compacted soil), then hydraulic and hydrologic calculations will be necessary as a part of the grading and drainage plan. in addition, the applicant should respond to all applicable standards as outlined in Section 7, Divisions 1-3 and Section 7-1001 (Industrial Use), including a demonstration of compliance with the industrial setbacks of 100 feet from adjacent residential properties as well as concealing/screening. A projected number of Average Daily Trips (ADT) will be necessary for the traffic study. The applicant will also need to demonstrate that the access road to the proposed uses meets the standards as outlined in Section 7-107, and specifically Table 7-107 based on demonstrated ADT. il. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, specifically sections: ■ Administrative Review, Section 4-103 ■ Common Review Procedures, Table 4-102 ■ Submittal Requirements, Table 4-201 • Article 7, Standards: Division 1, 2, and 3 ■ Section 7-1001, industrial Uses Standards Ill. SUBMITTAL REQUIREMENTS ■ 4-203.13. General Application Materials ■ Application Form and Fee • Agreement to pay form • Deed • Statement of Authority and/or letter of authorization (if applicable). • List of mineral owners of record, including names and mailing addresses It Names and mailing addresses of all property owners within 200 feet of the subject parcel and a map showing the subject parcel and the adjacent property owners. ■ Project narrative ■ Copy of pre -application conference summary ■ 4-203.C. Vicinity Map ■ 4-203.D. Site Plan ■ 4-203.E. Grading and Drainage Plan Note: Hydraulic and Hydrologic drainage calculations are required is 10,000 sq. ft. or more of impervious surface (including compacted soil) is created. ■ 4-203.G. Impact Analysis ■ 4-203.1. Development Agreement Note: A Development Agreement is necessary if Vested Rights are requested in excess of 3 years to build out the project (phasing). ■ 4-203.K. Improvements Agreement 2 Note: An Improvements Agreement is necessary if any improvements to public infrastructure is necessary. + 4-2031. Traffic Study Note: As represented, this application appears to only require a Basic Traffic Analysis. ■ 4-203. M. Water Supply/Distribution Plan Note: The facility is not proposed to be staffed. If the facility is not staffed, then the Applicant will not need to demonstrate legal and adequate water. ■ 4-203.N. Wastewater Treatment Plan Note: The facility is not proposed to be staffed. If the facility is not staffed, then the Applicant will not need to demonstrate adequate wastewater. ■ Respond to all standards in Section 7, Divisions 1, 2 and 3 and Section 7-1001 and submit any additional material (reports, plans, studies, etc) that provides evidence of compliance. Any additional materials to demonstrate compliance with Sections 7, Divisions 1, 2, and 3 and Section 7-1001. Be sure to address requirements for 100 foot setbacks for outdoor storage areas and concealing/ screening. ■ 7-107. Access and Roadways. Note: Demonstrate compliance with Table 7-107 based on ADT. IV. REVIEW PROCESS The process to accommodate these requests shall require an Administrative Review process. (4-103) process pursuant to the Land Use and Development Code, as amended. A. Pre -application Conference_ B. Application Submittal. C. Determination of Completeness. (10 business days for staff review, 60 days for applicant to correct any deficiencies in the submittal) D. Schedule Directors Decision, provide documentation regarding notice requirements in order to satisfy LUDC requirements. E. Additional Copies requested and sent to referral agencies. F. Notice to Adjacent Property Owners and Mineral Owners of Interest at least 15 days prior to date of Director's Decision. G. Evaluation by Director/Staff resulting in a Staff Report and Determination, resulting in a final approval, approval with conditions or denial. H. 10 -day Call -Up period for applicant, BOCC or adjacent property owner to appeal the Director's decision. I. Recording of decision in a Director's Determination Letter. J. If approved, issuance of a Land Use Change Permit based on demonstration of compliance with any conditions of approval. V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-1011. X None Planning Commission Board of County Commissioners 3 No public hearing is required, however, Mailed Public Notice is required to be sent at least 15 days prior to decision to surrounding property owners within 200 feet of the subject property and all mineral owners of interest. Notice shall be consistent with sections 4-101 and 4-103 of the Land Use and Development Code. VI. REFFERALS Referral may include the following agencies: • Garfield County Road and Bridge Department ■ Garfield County Vegetation Manager ■ Garfield County Consulting Engineer Fire Protection Districts Colorado Parks and Wildlife ■ Any other agency deemed appropriate upon review of the submittal VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250 Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $Engineering review fee based on hourly rate Total Deposit: $250 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 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: lx� �f Au ust 3 2017 David Pesnichak, AICP Date Senior Planner 4 A. Section 4-103 Administrative lie Garfield County Adinialstrative Review Process (Section 4-103) *May be waived by Director +App1lcent has 6 months to submit appllcatlon •10 business days to review -If Incomplete, 60 days to remedy deficiencies Slep 4: Schedule Decision 1. Notice - A -Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date •21 day comment period ,q=s eCall-up Period - within 16 days of Director's Decision *Applicant has 1 year to msec any conditions of approval ,9 Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 10 1 (E)(1 )(b)(4) requires written notice to owners of mineral interests in the subj ect property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule 13- 11? If so, review for mineral interests that were reserved and oil and gas leases, Check with the Assessor's office to detertnine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2414 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. ClGarfteldCounty Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer V Printed by Web User v� R>•i111i ioRiu� oiurioiwRri+ i�Rrra�rR� . I;i'.F . 4L-- MI 1 inch = 6,019 feet N 1 inch = 1.14 miles r e 0 0.15 1.5 3 Mlles s Garfield County Colorado Crarf'eld Cuunly rrww.garftetd�unty.com Calomda Oisclairner This iso mmp9aton of—ds as they appear In the Garfield Cnunty Offices affecting the area shorn. MS drawing is W he used only fw-4emnce pwpuses and the County 6 oO resyvnsible for any kian,wacj therein wnmined. © Cnpydght Garfield Cwrq, Colorado i All Rights Reserved Printed; 8131/2017 at 223:40 PM JAMES] FUNSTEN- OWNER 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 Grading and Drainage Plan — 3627 CR 100 Small Contractors` Yard and Building The site has functioned as an active legal nonconforming contractor's yard for many years. It has a gentle slope and drainage to the southwest with ditch lines surrounding the whole area. It has well developed grasses throughout that respond well to the intermitted activity/pressures that mimic livestock hove activity, helping the grass to reseed itself. The sight will remain as it has for some time with no new grading or drainage structures. The mature natural vegetation helps this site performs well in erosion control, drainage and porousness of soil. We also mow and manually pull noxious weeds to improve native habitat. The addition of indoor storage will enhance the overall habitat health and drainage of land. 4-203.E. 1— 4 = see grading and drainage plan map 4-203.E. 5 = see Site Plan map 4-203.E. 6 = see above 4-203.E. 7 = see Site Plan map. No bulk liquid chemical storage or tanks. 4-203.E. 8 -15 = N/A 4-203.E. 16 — 23 = see above Sincerely, Jim Funsten JAMES FUNSTEN-OWNER 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 Impact Analysis — 3627 CR 100 Small Contractors' Yard and Building The site in question has functioned as a contactor yard in a legal nonconforming status for many years. The main impact of this LUCP will only reduce the current impacts and bring site into a conforming status. The applicant has mitigated the impacts functionally for many years and intends to continue with this format. This LUCP will improve and better control any possible impacts to the area with indoor storage. Adjacent land use within a 1500 sq. ft. radius includes mostly dwellings and agricultural uses. Along with these are a gas station/store, polo training facility, landscaping/forestry contractor's yards, kingdom hall (J.W.) and Hughes junk yard. There is also an effort for possible mini storage sharing a south property line with this site. The site features functions well as a contractor yard in all categories it has minimal hazards to flooding, high ground water and climatology. It has well developed deep rooted mature vegetation that responds well to impact and regrowth. Soil characteristics and geology hazards are stable. Main hazard is thunderstorm microburst flooding which from experience flows into pasture east of property. Groundwater and aquifer recharge is as described earlier excellent with porous soils. Environmental impacts would be reduced from what has been a minimal nuisance to neighbors historically. Fences are all in place already with excellent visitation from wildlife. The yard functions currently on a 7:00 am to 7:00 pm typical construction hour's schedule and we have maintained good relations with neighbors. 4-203.G. 1— 8 = see above Sincerely, Jim Funsten JAMES J rUNSTEN -OWNER 3627 COUNTY ROAD 100 CARBON©ALE, CO 81623 Traffic Study — 3627 CR 100 Small Contractors' Yard and Building The existing land uses on parcel are single family dwelling, agricultural and legal nonconforming uses that mimic the uses intended on this LUCP. All driveways and easements have been existence for 44 years. Adjacent land use within a 1500 sq. ft. radius includes mostly dwellings and agricultural uses. Along with these are a gas station/store, polo training facility, landscaping/forestry contractor's yards, kingdom hall (J.W.) and Hughes junk yard. There is also an effort for possible mini storage sharing a south property line with this site. Current trip generation is 16 trips at access point to County Road 100. There is no driveway permit due to age of parcel but applicant intends to get one as a condition of permit if needed. The current trip generation number includes construction phase with 3 light vehicle trips, 9 medium duty trips and 4 heavy truck trips. Trip generation should decease slightly after completion of construction and decrease a bit more with LUCP in place. No new access points are intended. The proposed use of a small contractor's yard will slightly reduce trip generation from historical levels. 4-2031. 2 Basic Traffic Analysis 4-2031. 2.a1= see Traffic Map #1 4-2031. 2.a2-3 = see Traffic Map #2 4-203. L. 2.a4 = see Traffic Map #1/ N.A. 4-203.. 2.b1-5 = see above 4-2031. 2.c = see above 4-203L. 2.d = N/A 4-203. 2.e = see above and maps Sincerely, Jim Funsten Garfield County Land Explorer Garfield County Garfield County, Colorado i 04d 00 ( I i - G S-ro � TjkA " 11 i Garfield County Land Explorer l inch = 3,009 feet _1 inch = 0.57 miles TY�Z/ fJ 0.4 0.8 i.6 Mdes I AI ��1 / + Garfield County Colorado Printed by Web User Garl'eW County w-Sarfield-muntyxvm GoJmdo Distlaim r Tlis isa mmpiation of—rds aY they appear in the Garfi[id rAanN Off�uY a8[GiR thgarea shown. lTr:idrar.frr6 is m be uYed ONyf¢releRrcgp�ppry>:Y and the,Cnunty's no! reYpasi6le M ae/ ina¢vraoez Mrsin meta:ncd © Cnpfright Garfeld Cmrrty, Colorado l AEE Rights Reserved Printed: 1002120I7 at 8d75A6 AM JAMES FUNSTEN--OWNER 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 Not Applicable — 3627 CR 100 Small Contractors' Yard and Building 4-203.J. — Development Agreement = N/A 4-203.K. — Improvements Agreement = N/A 4-203.M. — Water Supply/Distribution Plan = N/A 4-203.N. — Wastewater Treatment Plan = N/A Sincerely, Jim Funsten JAMES J FUNSTEN -OWNER 3627 COUNTY ROAD 100 CARBON©ALE, CO 81623 Section 7 — 3627 CR 100 Small Contractors' Yard and Building Division 1 7-101. — ZONE DISTRICT USE REGULATIONS. This LUCP is to address this standard on Zoning. 7-102. -COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. Comprehensive Plan shows a village center area on top of this parcel. 7-103. — COMPATIBILITY. The intended use is compatible with surrounding area mimics the legal nonconforming use already on parcel. The area has multiple contractor yards for landscaping and forestry. An automotive service station and store are directly across Highway 82. Intentions for other uses such as mini storage are being explored. Neighboring land owners have expressed the view that this areas highest and best use is commercial/Industrial. 7-104. - SOURCE OF WATER. - N/A 7-105. - CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. — N/A 7-106. - PUBLIC UTILITIES. — Electrical service is already in place along with easements. 7-107. - ACCESS AND ROADWAYS. - Access and roadways are already in place and comply with required standards for intended use and safety per table 7-107. 7-105. - USE OF LAND SUBJECT TO NATURAL HAZARDS. — No hazards. 7-109. - FIRE PROTECTION. — In Carbondale Fire District and actively mow and clear branches and brush to maintain a low fuels environment. Division 2 7-201. - AGRICULTURAL LANDS. —The applicant actively maintains parcel with livestock, ditch structures and fences that are in place and functionally in good condition. This intended use will not affect these uses. 7-202. - WILDLIFE HABITAT AREAS. — We have a healthy balance of trees and vegetation that maintain a great relationship with the local wildlife. 7-203. - PROTECTION OF WATERBODIES. — There are no waterbodies in this area. The intended use of shop/garage will enhance the protection of surface and ground water. 7-204 - DRAINAGE AND EROSION. —The site will not be change from its historical condition of good drainage and porous soil already in place and in good condition. 7-205. - ENVIRONMENTAL QUALITY. —This LUCP is an effort to guarantee environmental cleanliness and preservation. 7-206. - WILDFIRE HAZARDS. — Low wildfire hazard exists on this parcel. Shop/garage has a metal roof. 7-207. - NATURAL AND GEOLOGIC HAZARDS. — No hazards exist. 7-208. - RECLAMATION. — Property is remaining as it has for many decades and the minor amount of grading will be maintained as the rest of the parcel is currently. Division 3 7-301. - COMPATIBLE DESIGN. —The intended use and structures are compatible with neighbors and area. Site has excellent buffering visually from trees and natural vegetation. We follow strict noise and activity limits that have functioned well historically. 7-302. - OFF-STREET PARKING AND LOADING STANDARDS. —Ample parking and loading area exists at the site. 7-303. - LANDSCAPING STANDARDS. —Weil established native vegetation already exists on site and we actively manually pull all noxious weeds as part of an ongoing weed management plan. 7-304. - LIGHTING STANDARDS. —All exterior lighting will be downcast and shielded. All lighting in general is and will be LED high efficiency lighting. 7-305. - SNOW STORAGE STANDARDS. —See Site Plan. 7-306. - TRAIL AND WALKWAY STANDARDS. — N/A Sincerely, Jim Funsten JAMES FUNSTEN- OWNER 3627 COUNTY ROAD 100 CARBONDALE, CO 81623 Section 7-1001— 3627 CR 100 Small Contractors' Yard and Building 7-1001. - INDUSTRIAL USE. A. This parcel is not in a platted residential subdivision. B. Applicant is requesting a waiver of standard on setbacks while still increasing setbacks from historical legal nonconforming setbacks. C. The use of shop/garage will screen and conceal a significant portion of legal nonconforming use. Site has excellent natural screening from vegetation and trees. Years of use has shown the current condition to work well to conceal and screen in a natural way without the use of less attractive plastic screens. D. We do not store petroleum or hazardous products. All materials are kept organized and banded to prevent unwanted movement. Entire area is fenced with 8 foot chain link security fence. E. All industrial waste products are recycled. F. No significant noise pollution is allowed on site. G. No ground vibration is allowed on site. H. We follow strict 7:00 am to 7:00 pm hours of operation. 1. We have good relationships with neighbors and are not a hazard, nuisance or cause interference with quality of life in the area. Sincerely, Jim Funsten ACCORDING TO COLO WITHIN THREE YEAR DEFECT IN THIS SU 0 0 COMMENCE ANY LEGAL ACTT DISCOVER SUCH DEFECT. MORE THAN TEN YEARS FRC 986 - 24.8' GARAGE e N PUMP HOUSE 9a_- 6 7.5 WID HOL CROSS ELECTRIC ASSN. SEMENT PAGE 7 91900 9006 986, 11 LEGEND AND NOTES ® FOUND BRASS CAP O FOUND REBAR 6 CAP L.S. 16842 O FOUND #5 REBAR 0 WATER VALVE Q WELL 0 POWER POLE —X FENCE LINE ......... —EDGE OF ROAD AND DRIVEWAYS — •• — DITCH CENTERLINE —j�— OVERHEAD UTILITY LINE DITCH FLOWLINES FROZEN OVER AT DATE OF TOPOGRAPHIC SURVEY: DECEMBER 7 Q 13. 2004 0 T49 A r rS 6 9g2� 990 968 990- 6 90--- SEE SSf6 Pw \gat_ fdA _ p►6stV t'& 1- 0 WC NI/4 CORNER w S C. 31, f.7 S. S �I % II R.87 W.. 6th �V/ D I P.M. E �r -. TIE:N 9.55.23-E 65.03' /006 TV DISH i a GUY R9 1000 -t_ • "--'- . , �_._--___.__--_--/ 7.5' 996 \ SHED \ 1002 HOLY. CROSS ELECTRIC ASSN. 0 36.4' ASEIyENT: BOOK 422 PAGE -77 m STONE WALL 1000_- - - BARBECUE GARAGE P :\ N 996 T E ALL 9g4 . . 46. r o 6z9919 998- c �/ n v r\ 2 -STORY FRAME HOUSE \992 996 POND I se. r BENCHMARK: THRESHOLD 998 ASSUMED ELEV. 1000.00' 9 CLEANOUT 996' 990 .. 998 996 \ 996 �\9 -992 98 9gp 994 v fib,.......... to ' 994 ; \ 996ol \� 994 0 0° 992 o 919 tJ • ✓ TL / _ r' aS TIC LI� 99 `.r 98 9910 6 991? z� olp 990 I 'V 1988 I 990 9616 988 l \ / X00 GATE 964 ,. .. ......... .. .9.......... A19�. ............ ......._.. ...... 986 .................. V�� LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN LOTS 3 AND 4 OF SECTION 31. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE 6th PRINCIPAL MERIDIAN. LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 31 AND WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE. SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 31 WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NI/4 CORNER OF SAID SECTION 31 BEARS N 89055'23-E 65.03 FEET: THENCE S 00'09' 37"W 290.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD: THENCE S 89°55'23"W 600.00 FEET: THENCE N 00°09'37`E 290.00 FEET: THENCE S 89°55'23"E 600.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD. THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ADT v 14 z 5m0r oxf-roko A4695f AOA 600.0 IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR JAMES FUNSTEN. THAT THIS IS NOT A LAND OR A IMPROVEMENT SURVEY PLAT AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE. BUILDING. OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 14 NOVEMBER 2005. EXCEPT THE UTILITY CONNECTIONS... ARE ENTIRELY WITHIN THE BOUNDARIES OF THE OF THE PARCEL. EXCEPT AS SHOWN. THAT THERE ARE NO ENCROACHMENTS UPON THE DESCR[BED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES. EXCEPT AS INDICATED. AND �IAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR N BURDENING ANY PART OF ,@?ifN"P%+fyL. EXCEPT AS NOTED. � (EG/s fiyi� a BY: W e; E SYDNE 1—; AIN 0 L.S.";I L� 'l I cC''• •'s 'Q�i� mILA\ti��co" S Alk rl mi 0 10' 20' 30 40' SCALE: 1"=20' CONTOUR INTERVAL: T-0" IMPROVEMENT LOCATION CERTIFICATE 3627 COUNTY ROAD 100 CARBONDALE. COLORADO BY.' LINES IN SPA CE SYDNEY LINCICOME ( L.S. 19 J f l 67 6LENW009 AVE. CARBONDALE. CO. 970-963-38522 DA TE- 11115/05 SCALE: /" - 20' JOB N0: 04-123 TROXEL 0R01ND TO COLORA HIN THREE YEARS ECT IN THIS SURV w COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 986 19 9B6 7.5WID HAL CROSS ELECTRIC ASSN. EASEMENT PAGE 7 24.8' GARAGE ° v N 1 j 984 ✓., PUMP HOUSE 0 984 984 pt� N 81 _4 ---- w -- RC5, u �P114 L C"AI(M 6L 0-0y1--14- clr/� AJ -e,Ull<�-A-rlJA(v-E 119 I -E 996 I 992 ••. A r� —1000 .�99a1 w �/© '9,9 6 994 /006 SHED 1002. BENCHMARK: THRI ASSUMED ELEV. I STONE BARBECUE I PWC NI/4 CORNER S C. 31, 7.7 S.. R.87 W.. 6th P.M. 9°SS'23'E 65.03' TIE:N TV DISH A GUY fRE 102 z 7.5' i'• 2 -STORY FRAME HOUSE 998Z M ROSS ELECTRIC ASSN. 'ASEE 38.q• 'ASEFjNT: BOOK 422 PAGE %7 00 ': GARAGE 1000– --_ M :\ N B .s•99p 498 POND —998' 996 996 9 9 99d :! \ \ o � \ `996 �o ,J .. : . \ c •.................................... qq 1 m LEGEND AND NOTES ® FOUND BRASS CAP • FOUND REBAR 6 CAP L.S. 16842 O FOUND 05 REBAR 0 WATER VALVE OW WELL 0 POWER POLE -X FENCE LINE ......... ...EDGE OF ROAD AND DRIVEWAYS - •• - DITCH CENTERLINE --- OVERHEAD UTILITY LINE DITCH FLOWLINES FROZEN OVER AT DATE OF TOPOGRAPHIC SURVEY: DECEMBER 7 6 13. 2004 \ ggp N 98e\ S TIC L ! 992 low O 988 \ 990 \` 992 ! .990sop ! 9Q 9v 988 � i " 6 ; 988 N ....................... --.... ..... ......... .-......... .. .--...... ....J •I, .... .. ol GATE984............................................................. ¢ ¢........................._...................................,.................................. 9........................ ... ............. 86 _ - - 600.0 ! ! LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN LOTS 3 AND 4 OF SECTION 31. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE 6th PRINCIPAL MERIDIAN. LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 31 AND WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE. SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 31 WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NI/4 CORNER OF SAID SECTION 31 BEARS N 89°55.23-E 65.03 FEET: THENCE S 00°09' 37"W 290.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD: THENCE S 89°55.23"W 600.00 FEET: THENCE N 00°09.37-E 290.00 FEET: THENCE S 89°55'23-E 600.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD. THE POINT OF BEGINNING. J COUNTY OF GARF I ELD '7 /`� JG A().AA L STATE OF COLORADO <r V _rC<0/00r44-z) .��U Co.f sf,-saLFi �C-A ro (.0; LZN� krU ---p6w 5-i b A6--6 • • = Srl ALL Cori 7-A-A(,7un 0L)-yoo6P s7o2A(rC IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR JAMES FUNSTEN. THAT THIS IS NOT A LAND OR A IMPROVEMENT SURVEY PLAT AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE. BUILDING. OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 14 NOVEMBER 2005. EXCEPT THE UTILITY CONNECTIONS -ARE ENTIRELY WITHIN THE BOUNDARIES OF THE OF THE PARCEL. EXCEPT AS SHOWN. THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED. AND, T�E�AAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR N RURDFNING ANY PART OFr.6Y)llly_'PA'R�EL. EXCEPT AS NOTED. a rLL S�j�'°p'� w E S 0 10' 20' 30' 40' SCALE: I"=20' CONTOUR INTERVAL: 2$-0" IMPROVEMENT LOCATION CERTIFICATE 3627 COUNTY ROAD 100 CARBONDALE. COLORADO BY' LINES IN SPA CE SYDNEY LINCICOME (L.S. 14 ///) 67 GLENWOOD AVE. CARBONDALE. CO. 970-963-3852 DA TE- 11115/05 SCALE.' 1" - 20' JOB NO.: 04-123 TROXEL