HomeMy WebLinkAbout1.0 Application• APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
t."-
Teleepphone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date: CJ (O Base Fee: $400
Applicant: Kero-e.74
PP .667(
Cara��da c�
Address of Applicant: P 1 S/ 2 3 ahone: / 3 -0 7 q y
Special Use Being Requested: GG -ess 0 )7 vial103 Un I t
n
Zone District: A / //?D Size of Property: S• 5 G t -e
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive:
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
re'
Applicant: ] �1/( Date: /— V -1 t?
• •
2 February. 1998
Eric McCafferty
Garfield County Building & Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Special Use Permit Application -Accessory Dwelling Unit
Dear Mr. McCafferty
KEN RILEY
P.O.Box 584
Carbondale, CO 81623
In response to your letter of 21 January, 1998 in which you delineated three areas of
incomplete information in my special use permit application, I am providing here the
additional information you requested. Should any further questions remain, in addition to by
mail 1 can be contacted at work at 963-1930.
Sincerely,
Ken Riley
1) The development plans and the need for an accessory dwelling on my property are
reasoned as follows. After living and working in Carbondale since 1986, I finally made the
commitment to dig in here and bought 5 1/2 undeveloped acres in unincorporated Garfield
County in April 1997 with the purpose of providing my needs well into the future. Presently I
am still a bachelor and do not require a big house. That could change should I finally meet
Ms. Right and start a family. For this reason 1 am seeking to build presently the smaller
accessory dwelling to leave the option later to build a family dwelling should my life change.
The structure I am proposing is an apartment on a second level built over a
garage/utility level. I carefully designed my dwelling to meet the 1500 sq. ft. maximum criteria.
The wooded and hilly nature of my land has caused me to consolidate my dwelling and utility
needs into one structure rather than clear more trees for outbuildings.
2) A complete list of my adjacent landowners is as follows: North -Steve & Helen Low 2855
Tilden St. N.W. Washington, D.C. 20008, East -Ric & Nancy Quisenberry P.O.Box 626
Carbondale, CO 81623, South -Allison Osius & Michael Benge P.O. Box 1972 Carbondale, CO
81623, and West -Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO
81601. I am prepared to notify them all of my hearing upon the determination of that date. My
most immediate neighbors, the Lows and the Benges, have been personally appraised of my
planning all along so there would be no surprises.
3) I am not in a sub -division or home owners association and therefor have no restrictive
covenants ascribing to either. I personally however, through a multi -issue negotiation with my
neighbors the Lows, declared a protective covenant applying specifically and only to the
building envelope I am currently building in. After full presentation to the Lows of the same
building plans your office is now reviewing, and their acceptance of them, I agreed to suit
their comfort by restricting in covenant the building height so that nobody in the future could
add another level. Enclosed is a copy of this document filed in October, 1997. Concurrent with
this the Lows quit claim deeded to me a half acre portion of their land which included my
driveway, and they extinguished an easement they had through my land.
• •
Riley SUP PC 3/11/98
The subject parcel is 5.5 acres in size and is located on the west side of county road 107, one mile
north of Carbondale. There are no existing, residential structures on the property, which is reached
by a non-exclusive access easement. Vegetation is primarily pinion and juniper and slope of the tract
is calculated to be between 11% to over 50%. Adjacent land uses are residential and agricultural and
the BLM administers a sizeable tract adjacent to the western boundary of the applicant's property.
This application proposes to develop an accessory dwelling unit, prior to the construction of a
principal dwelling unit. The accessory unit is proposed to conform to all the provisions that govern
this type of dwelling unit.
In terms of zoning, the tract is within the A/R/RD zone district and was created by a subdivision
exemption. The specific zoning criteria that controls this type of development is as follows:
1] The minimum lot size shall be four (4) acres containing a building site with slope less than 40%
at least two (2) acres in size.
According to my calculations, the subject parcel has exactly two acres of land less than 40% slope.
2] The gross floor area for residential occupancy shall not exceed 1500 square feet.
I have calculated the square footage of the residential floor space which is approximately 1443 square
feet. A similar amount of square footage is proposed for the lower level; however, this area probably
would not meet the interpretation of residential occupancy floor area. See plans, pages
3] Approval from the subdivision homeowner's association and/or allowed by covenant, if
applicable.
The parcel is not subject to a homeowner's association and the only covenant that is in effect is a
restriction that "No building in excess of one story above ground level at its natural grade shall ever
be constructed on the restricted property." See Declaration, pages
4] Proof of a legally adequate source of water for an additional dwelling unit.
The application contains a well permit issued for up to five (5) single family dwellings, which is in
good -standing with the Division of water Resources. See permit, page
5] Compliance with the County individual sewage disposal system regulations or proof of a legal
ability to connect to an approved central sewage treatment facility.
The applicant proposes the use of a an ISD system.
6] Only leasehold interest in the dwelling unit is allowed
It appears that, if approved, the applicant would utilize the structure as his own personal residence.
If a principal dwelling is ever built, then this provision for leasehold interest would still apply.
7] That all construction complies with the appropriate County building code requirements.
If approved, the applicant would be required to apply for and receive the appropriate building and
ISDS permits.
Section 5.03 of the Zoning Resolution sets forth the requirements that all special uses must meet, to
wit:
1] Utilities adequate to provide water and sanitation service based on accepted engineering
standards and approved by the Environmental Health Officer shall either be in place or shall be
constructed in conjunction with the proposed use;
• •
According to the records of the Division of Water Resources, the well has been drilled and found to
produce 13 gpm, in a two-hour pump test. Staff presumes that either a conventional ISD system or
an engineered system could be utilized to treat wastewater. The actual type of system to be used is
generally determined after issuance of a building permit.
2] Street improvements adequate to accommodate traffic volume generated by the proposed use and
to provide safe, convenient access to the use shall either be in place or shall be constructed in
conjunction with the proposed use;
County Road 107 provides access, which is a steep, dirt road. The driveway is a non-exclusive
easement and is steep in places, in excess of 10% grade, and approximately 12 feet wide in some
spots. The intersection angle of the driveway with the County Road is sharp and sight distances are
limited. The existing driveway provides access to two (2) lots and if this unit is approved, it would
seem logical to require adherence to the Semi -Primitive access standards contained in Section 9:35
of the Subdivision Regulations. Given the terrain, it would be very costly to provide this access.
The subject area is not included within any of the adopted road impact zones. Therefore the road
impact fee would not be applicable.
3] Design of the proposed use is organized to minimize impact on and from adjacent uses of land
through installation of screen fences or landscape materials on the periphery of the lot and by
location of intensively utilized areas, access points, lighting and signs in such a manner as to protect
established neighborhood character;
This provision is largely concerned with the aesthetics of development. The application contains
proposed building footprints and elevations and given the residential character of the neighborhood,
the proposed land use would not alter or degrade the neighborhood's aesthetic character, yet access
is a concern, as I have discussed.
As I mentioned earlier, this lot was created as Lot 1 of the Leonard Subdivision Exemption. The
application originally proposed a total of five (5) lots, each approximately 2 acres in size. The
application was eventually approved; however, only two (2) lots were created, based on the following
rationale:
"Due to the slope constraints on the property, inadequate access (both the proposed access easement
and County Road 107), wildfire potential on the site, and the limited building envelopes on the
property, staff would suggest that only one dwelling unit is appropriate for the site. If approved by
the Board of County Commissioners, two lots appears to the highest density that should be allowed
on the parcel." The entire Staff Report is attached on pages
I would suggest that rationale is still applicable today. The allowance for an accessory dwelling unit
would increase the density in the area and likely exacerbate the existing problems with access and fire
protection.
Comprehensive Plan: The subject tract is identified within the Low Density Residential Land Use
District, which proposes a minimum density of 10 acres or greater, per residential unit. If approved,
the resultant density of one (1) unit per 2.75 acres is 3.6 times greater than the proposed density.
• •
Based on this analysis, I do recommend denial of the application. If the planning commission decides
otherwise, then the listed conditions of approval would be appropriate.
SEO-WTR DIV 5 TEL:303-945-5665
FORM NaSTATE OF COLOR O
Flk/ 10' ' . OFFICE OF THE
03482 • ^ S 818 Centennial Bldg.. 13
(303) 888.3581
ENGINEER
Sherman St, Denver, Colorado 80203
Mar 04 98 10:34 No.003 P.04
t -or c mice use onry
FOR INSTRUCTIONS, SEE REVERSE SIDE
STATEMENT OF BENEFICIAL. USE
WELL PERMIT NUMBER 044 t I') T1-
1.
1. WELL OWNER
NAME(S) /vtACdR-F c_ %5ew66
Mailing Address t2 ox 19 7 Z.
City, St Zip C A-�'- re,, c� nA � C 1 C- 5 Co .?
Phone ( /70) G'1(o 3 — O
•
RECEIVED Jai 1 ? 19s
CATER RE
R ECEIVEQ SIM BCCOLD
RECEIVEt)
FEB 0 7'90
WAT R RESOD C€S
STATE ENGINEER
boll)
o 1..
2. WELL LOCATION: COUNTY GA -a PN71--
0915.C,'. GSjwrvi(tea ? -) f Crl
OWNER'S WELL DESIGNATION CCovA 4'J .t./l, f
4* .3
CSA-��3��� C<•�
(kdoreas) 0 Ed
() gyp)
NW 1/4 or ovs. ni vv 1/4, Sec. 2-2 Twp. N. or lbl S., Range ti l_ i E o< E1 W. 6
Ft. from ®N. or fl S. tine, 2-3C FL from ❑ E. or I'J` W. Line.
Distances
from Section Unes e
P.M.
3. The well is being used for the following purpose(s): 15 /ti A t. F71714 + t yn. r r &./ /4 -?7.-1
Cr: v -rive -r i o ,-) ` 74-e2 i2'r-, ? L -t1 •I g , f cc A-1-7 cam..) (cOzA C •-r•+•-1- S
1 Water from the well was first used beneficially
under this permit number, for the above described purposes on
(Do not report a date which is before the issued date of this permit)
C2 2-5 19 .0
5. The pumping rate claimed is 13 gallons per minute.
6. The average annual amount of water diverted is Z-. 2 acre feet.
The land area irrigated (watered) by water from this well is:
SA'A.tt
/14,0VC.
described as:
(Lagar 6oaonption)
or as Subdivision Lot(s) Block Filing/Unit
(Number)
EAcres or 0 Square feet,
8. Well drilled by: ► 7)(4-ft—Goo Lic. No: / O '
Pump installed by: 3 AA Pum'Co Uc. No: / 1967
Date Installed: 3/2.t/ ( •
9. Meter Mfg. by e -L? Y
Serial No.: 9SSrS6S '
I (we) have read the statements made herein, know the contents thereof, and
knowledge. (Pursuant to Section 244-104 (13)(a) C.R.S., the making of false
in the second degree and is punishable as a Class 1 misdemeanor.]
10. Name/Fitle (Please type or print)
/17/e('4 4-�- L. L . 6E1,4 64. -
Si nature
state that they are true to my (our)
statements herein constitutes perjury
Date
'/ //4N6
FOR OFFICE USE ONLY
ACCEPTED FOR A DATE OF BENEFICIAL USE OF SEPTEMBER 26, 1995 AS ACKNOWLEDGE
ON THE ATTACHED REQUEST FOR CORRESTION OF 3/12/96.
ACCEPTED IN ACCORDANCE WITH THE ATTACHED FINDINGS, CONCLUSIONS AND ORDER
AND THAT THOSE CONDIT ONS OF APPROVAL AS STATED ON THE WELL PERMIT ARE
COMPLIED W1IVC "'
Ai
•
OCT 161996
State EngineerBY
Court Case No. Div. .S— Co. 2 3 WO
SEO-WTR DIl1 5
TEL:303-945-5665 Mar 04 98 10:33 No.003 P.03
•
STATE OF COLORADO
OFFICE OF TIE STATE ENGINEER
DIVISION OF WATER RESOURCES
BENEFICIAL USE FIELD INSPECTION
WELL PERMIT t10. 044117-F
RECEIPT NO. 03651343
1) Has the well been put to beneficial use as claimed?
2) is the well Located where claimed?
3) Are the number and legal description of the acres irrigated accurate?
L) Is a totalizing flow meter installed on the well?
•
Yes; see comments
(Tea or No)
Yea
(Yes or No)
Yes: see comments
(Yes or No)
Yes
(Yes or No)
5) Critical Data:
Structure ID Number: None to date
Structure Name: Leonard Well No. 1
Water Court Case Number(s): None to date
Permit X -Refer Number(s); None
Conservancy District Number: BWCD Contract No. 3.3.5.227
Physical welt address: None to date (Lot 1 vacant), services 0909 county Road 107, Carbondale, C0 81623
Garfield County Parcel Number: 2393 272 DO 038
Services County Parcel Numbers: 2393 272 00 037 AND 2393 272 00 038
Subdivision\PUD Name: Leonard SubdiVfslon
6) Comments:
To date this well does exist and has been applied to beneficial use for construction purposes end domestic water on construction
site. To date, a single family dwelling with a Mothers -in -Laws apartment has been constructed on lot 2 of the Leonard Subdivision.
Lot 2 owner is waiting for a Certificate of occupancy (Co) to occupy the home. The Leonard subdivision consist of two 5 acre tracts.
Currently Lot 1 is vacant.
This EXISTING welt was constructed under Permit No. 44117-F.
This well is to be operated as en Alternate Point of Diversion to the Basalt Conduit with releases made from Ruedi Reservoir. Total
Diversion shall not exceed 2.6 AF annually (BWCD No. 3.3.5.227, contract amount of 2.7 AF) and total consumptive use shall not exceed
0.95 AF annually.
To the best of my ability it appears the well is located on Lot one, approximately 3D feet North of the South property line of Lot
Ono. This might need to be addressed if a welt Easement Accesa and Right -Of -Way (ROW) is to be created. Currently the recorded
plat for the Leonard Subdivision Exemption does not identify an Easement or ROW.
The existing well appears to be located within 200 feet of the Permitted Location. it should be noted that the well was constructed
approximately 140 feet easterly of the permitted location. Therefore It appears the well may be located within 600 feet of Well
Permit No. 40907-F, which would be a violation of conditions of approval. Due to rough terrain conditions, it is difficult to
determine if 600 foot spacing is an issue, with out the well locations being surveyed.
1 field inspected the site of the well permitted under the referenced well permit number on
Januar . 1996 , and the above is an accurate report of my findings.
• -- "
Signature Date
2/6/7
Water Commissioner (Wells) 5/All
Title Division/District
:dmw\inspect.sbu\44117-f.sbu
cc Michael Berge 8WCV Fite
Larry Gcpfert Subdivision\PUD File
1.G✓'tuM tUAu..� �r � Q.Gf4,EL �,a A'f/�
1444
-g7
Form No. • OFFICE OF THE_
GWS -25 COLORADO DIV
APPLICANT
EXHIBIT A
818 Centennial Bldg., 1313 Sherman az., uenver, Lorornou wcw
(303) 866-3581
BCOtt092 (i'Ici'25
LIC
WELL PERMfT NUMBER 044117 F
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: Block: Filing: Subdiv:
ROCK A LEONARD
LEAVENWORTH & CALOIA
P 0 DRAWER 2030
GLENWOOD SPGS CO 81602
( 303)945-2261
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 NW 1/4 Section 27
Twp 7 S RANGE 88 W 6th P.M.
DISTANCES FROM SECTION LINES
768 Ft. from North Section Line
235 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDmONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the
Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be
operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State
Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water
Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved
plan for augmentation. BWCD contract #3.3.5.227.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside five (5)r
single family dwellings,"the irrigation of not more than 0.29 acre of home lawns and gardens, and the watering of
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for
augmentation is in effect.
•
5) The maximum pumping rate shall not exceed 30 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 2.6 acre-feet (847,210 gallons).
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records
of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well must be constructed not more than 200 feet from the location specified on this permit, and more than
600 feet from any existing well.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings._b .�.3�_9y
APPROVED
JD2
Al 23
OWNER" COPY
Sure Engineer
Receipt No. 0365843
(---)
.Aid
DATE ISSUED V �s� O1 1994 EXPIRATION DATE OCT 0 1 1995
• •
ASSIGNMENT OF ALLOTMENT CONTRACT
BASALT WATER CONSERVANCY DISTRICT
ANDREWS/WINTERS-RILEY
CONTRACT NO. 227
FOR VALUE RECEIVED, William K. Andrews and Leslie S. Winter ("Assignors"),
hereby sell, assign, transfer, and set over to Kenneth W. Riley Jr. ("Assignee") all of Assignors'
right, title, and interest in and to that certain Water Allotment Contract with the Basalt Water
Conservancy District dated March 28, 1994, which Contract allots 2.07 acre feet of storage
water per year for use on those real properties described as Lots 1 and 2, Leonard Subdivision
Exemption Plat, according to plat filed with the Garfield County Clerk and Recorder as
Reception No. 472830. Said Allotment Contract shall be held and maintained pursuant and
subject to the provisions of the Leonard Subdivision Well and Road Sharing Declaration as
recorded in Book 927 at Page 435 as Reception No. 472928 of said Garfield County Records.
This Assignment is conditioned upon the consent thereto by the Basalt Water
Conservancy District as hereinbelow provided. Assignee hereby assumes and agrees to pay and
perform all of the obligations of the Allottee under said Contract.
This Assignment chall be effective upon Assignors' conveyance of Lot 1 of the Leonard
Subdivision Exemption Plat to Assignee.
i
Dated this �— day of 424 , , 1997.
_I
Assignee's Mailing Address:
PO Box 587
Carbondale, CO 81623
Telephone No.
William K. Andrews, Assignor
Leslie S. Winter, Assignor
Kenneth W. Riley Jr., Assign
• .
CONSENT TO ASSIGNMENT
The Basalt Water Conservancy District hereby consents to the foregoing Assignment
subject to the terms of and conditions of said Contract and the District's receipt of all charges
related thereto. This Assignment is also subject to the terms and conditions of the above -
referenced Leonard Subdivision Well and Road Sharing Declaration and the parties' compliance
with the District's rules, regulations and policies regarding an Allotment Contract serving
multiple properties not held in identical ownership.
Dated this 3rd day of April, 1997.
By:
DK\RWCD\IIINGE\All t,'f. A51
BASALT W ° ONSERVANCY DISTRICT
Dan Kerst
• •
GARFIELD COUNTY
Building and Planning Department
13 February, 1998
Mr. Ken Riley
P.O. Box 584
Carbondale, CO 81623
RE: Special Use Permit - Accessory Dwelling Unit
Dear Ken:
Your request for a Special Use Permit to allow an accessory dwelling unit, as identified on the
enclosed public notice form, has been scheduled for a public hearing before the Garfield County
Planning Commission for March llth, 1998, at 7:00 p.m., in the Commissioners Meeting Room,
Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is
suggested that you be present at the time of the hearing to answer any questions the Commission
may have.
A copy of the enclosed public notice must be submitted to a newspaper of general circulation, for
publication one time, at least 15 days prior to the hearing. You must also contact the newspaper
directly regarding obtaining the proof of publication and billing. In addition, copies of the public
notice form must be mailed, by certified return -receipt, to all adjacent property owners no less
than 15 days prior to the hearing. The proof of publication from the newspaper of general
circulation and the return -receipts from the mailings must be submitted by the applicant at, or
prior to, the public hearing. The date of the public hearing does not count as a day of public
notice. Please verify the accuracy of all enclosures, if you discover any errors, please notify this
office immediately.
If you have further questions or concerns regarding the meeting or public notice requirements,
please contact this office.
Sincerely,
g.1L
Eric D. McCafferty
Senior Planner
Enclosure
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
PUBLIC NOTICE
TAKE NOTICE that KEN RILEY has applied to the Planning Commission, Garfield County,
State of Colorado, to grant a Special Use Permit, in connection with the following described
property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: Lot 1, Leonard Subdivision Exemption
Practical Description: Located approximately one (1) mile north of Carbondale along County Road
107.
Said Special Use Permit is to allow the petitioner to construct an accessory dwelling unit on the
above described property.
All persons affected by the proposed Special Use Permit are invited to appear and state their
views, protests or objections. If you cannot appear personally at such hearing, then you may state
your views by letter, particularly if you have objections to such request, as the Planning
Commission will give consideration to the comments of surrounding property owners and others
affected in deciding whether to grant or deny the request for the Special Use Permit. This Special
Use Permit 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
the 11th day of March, 1998, at the hour of 7:00
Commission, Garfield County Courthouse, Suite
Colorado.
Planning Department
Garfield County
Special Use Permit request has been set for
p.m., at the office of the County Planning
301, 109 8th Street, Glenwood Springs,
• •
GARFIELD COUNTY
Building and Planning Department
21 January, 1998
Kenneth Riley
P.O. Box 584
Carbondale, CO 81623
RE: Special Use Permit Application
Accessory Dwelling Unit
Dear Mr. Riley,
The Garfield County Planning Department is conducting an initial review of the above -referenced
application and has determined the application to be incomplete. Please submit the following
information:
1] No narrative has been attached explaining the need or desire for the proposed accessory
dwelling unit and how it may fit with other development plans. It appears that the size of the
structure will be significantly larger than 1500 square feet. What is at issue is the amount of
floor area that will be considered residential use. I have requested the County Building
Official review this and provide an opinion.
2] You will be required to notify all adjacent landowners of your public hearing in this matter.
Please submit addresses for the Bureau of Land Management and the owners of the parcel
(shown as parcel 019) on the east side of County Road 107, which is considered to be an
adjacent landowner.
3] Is there a homeowner's association or protective covenants that would regulate your
application? If so, please include this information.
Thank you for your prompt attention to this letter. The submittal of the requested information should
complete your application and allow this department to forward the application to the Board of
County Commissioners for a referral decision. If you feel this letter is in error, contact this office.
Sincerely,
lz-
Eric D. McCafferty
Senior Planner
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• 1 11111 11111 111111 111111 111 I111111111111111111111 IIIl
515184 10/17/1997 02:13P B1038 P989 135
1 of 3 R 16.00 D 0.00 N 0.00 GRRFIELD CLERK
QF:CT.ARATION OF COVENANTS AND RESTRICTIONS
Kenneth William Riley, Jr., )eclarant) is the owner of a
5.03 acre tract of land known as hot 1, Leonard Subdivision
Exemption, Garfield County, Colorado. A portion of said property
is described in Exhibit A, attached hereto and incorporated
herein by this reference (Restricted Property), which Restricted
Property is the subject of this Declaration of Covenants and
Restrictions. The Declarant does hereby declare and adopt the
following protective covenants and restrictions, which shall run
with the restricted property and shall be binding upon all
parties acquiring any interest therein or thereto and to which
the Restricted Property shall be subject in perpetuity.
SECTION I. COVENANT AND RESTRICTION
No building in excess of one story above ground level at its
natural grade shall ever be constructed on the restricted
property.
SECTION II. ENFORCEMENT
This Declaration of Covenants and Restrictions is being made
for the benefit of Stephen Low and Helen C. Low (Lows), owners of
the property directly to the north of the Restricted Property,
and their successors in interest. The Declarant has received
good and valuable consideration for the granting of this
Declaration of Covenants and Restrictions, including the
execution of a quit claim deed from Lows to the Declarant,
recorded as Reception No. ‘' y,-17";,;, of the Garfield County,
Colorado records.
Lows and their successors in interest of the property now
owned by the Lows situate to the north of the Restricted Property
shall have the right to enforce by any proceeding at law or in
equity the restrictions and covenants imposed by the provisions
hereof. Such right of enforcement shall include the right to
seek monetary damages, as well as to compel specific performance
of the restrictions contained herein and the right to obtain a
temporary restraining order, temporary injunction, permanent
injunction, other type of injunctive relief, or other order of
court prohibiting a violation of said restriction. In the event
that any court action is commenced for enforcement as provided
herein, if the Lows or their successors in interest prevail in
said action in whole or in part, the owner of the Restricted
Property shall be required in said action to pay the reasonable
attorneys fees and costs incurred by the person or persons
bringing the action for enforcement. Failure to enforce any
rights hereunder shall in no event be deemed a waiver of the
right to do so thereafter.
After Recording Return to:
Mme- and_ Mrs._ Stephen_Lam
2855 Tilden Street, N,W.
Washington, D.C. 20008
111111111111111111 JJIlI 111111111
it !II IIlli 1111 1111
515184 10/17/1997 02:13P 81038 P990 135
2 of 3 R 16.00 D 0.00 N 0.00 GARFIELD CLERK
In witness whereof, the undersigned being the Declarant
herein, has executed this document on the /72-n day of October,
1997.
STATE OF COLORADO
COUNTY OF GARFIELD
) ss.
)
Kenneth William Riley,
Subscribed, sworn to, and acknowledged before me this /
day of C3c L r_.- , 1997, by Kenneth William Riley, Jr.
Witness my hand and official seal.
Notary Pub1i
My commission expires:
101597-rbedoc\low.cov-rjj
G --- E -- Z 04 j
410
1111111 11111 1111111t111 111111111I111111111111111111
515184 10/17/1997 02:13P B1038 P991 135
3 of 3 R 16.00 D 0.00 N 0.00 GARFIELD CLERK
EXHIBIT A
A tract of land located in the NWS NWS Section 27, Township 7
South, Range 88 West of the 6th P.M., within Lot 1 as shown on
the Plat of the Leonard Subdivision Exemption recorded as
Reception No. 472830 of the Garfield County, Colorado records and
more fully described as follows:
Beginning at a point on the northerly boundary of the tract of
land described in Book 432, Page 448, records of the Garfield
County Clerk and Recorder whence the Northwest Corner of said
Section 27 bears N 30°44'22" W. 726.55 feet; thence 34.53 feet
along a curve to the left having a radius of 35.58 feet and a
chord that bears S 17°36'44" W. 33.19 feet; thence S 10°11'14" E.
106.16 feet; thence 73.80 feet along a curve to the left having a
radius of 42.72 feet and a chordthat bears S 59°40'34" E. 64.96
feet; thence N 70°50'06" E. 112.94 feet; thence 99.86 feet along
a curve to the left having a radius of 769.92 feet and a chord
that bears N 74°33'02" E. 99.79 feet; thence N 63'24'13" E. 19.85
feet to the Northerly boundary of said tract; thence N 73°19'56"
E 295 feet more or less to the point of beginning.
Garfield County
Colorado
Reception No.
Recorded -at
clock M.,
Recorder.
el.loaLDscc( ta,
WARRANTY DEED
THIS DEED, Made this 4th day of April , 1997 ,between
WILLIAM KENT ANDREWS AND LESLIE SUSAN WINTER
of the said County of GARFIELD
KENNETH WILLIAM RILEY, JR.
and State of COLORADO , grantor, and
whose legal address is P.O. BOX 584
CARBONDALE, CO 81623
of the said County of GARFIELD and State of COLORADO
, grantee:
DOC FEE: 16.95
WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and
valuable consideration DOLLARS, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said
County of GARFIELD and State of Colorado described as follows:
See Exhibit "A"
Together with, 1/2 share in a well registered in the Colorado Division of Water
Resource, Leonard Well #1, Well Permit #044117-2
also known by street and number as: LOT 1 LEONARD SUBDIVISION EXEMPTION
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
the grantee, his heirs and assigns, that at the time of the ensealing 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, except
easements, restrictions, reservations and rights of way of record, or situate
and in use, and real property taxes for the year 1997, not yet due or payable.
The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession
of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall inclu%e the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IEREOF, the grantor has executed this deed on the date set forth above.
Jciee-d—e-41 4A74:4.t(__)
400r/
//i
WI 'IAM KENT ANDREWS LESLIE SUSAN WINTER
State of COLORADO
)sa.
County of GARFIELD
The foregoing instrument was acknowledged before me this 4th day of April ,,..-A.4.,1-1-'--,
�
by WILLIAM KENT ANDREWS AND LESLIE SUSAN WINTER \.\O,.1../.a. R)'A
•
My commission expires May 03, 1997 . Witness my hand and official seal. —moi : oQ' y
t<`
111111111111 111111 11T 1111111111111111 111 11111 11111111
506876 04/10/1997 04 50P 81015 P151 432
1 of 2 R 11.00 D 16.95 N 0.00 GARFIELD COUNTY CLE
File No. 97026586 Stewart Title of Glenwood Springs, Inc.
No. 932A WARRANTY DEED (For Photographic Record)
Rev. 5/95
RETURN
MASON & MORSE
0304 HIGHWAY 133
CARBONDALE, CO 81623
Order Number: 97026586
• EXHIBIT A411
LEGAL DESCRIPTION
A tract of land situated in the NW1/4NW1/4 of Section 27,
Township 7 South, Range 88 West of the 6th Principal Meridian,
being more particularly described as follows:
Beginning at a point on the West line of said Section 27 whence
a brass cap found in place and properly marked for the Northwest
Corner of said Section 27 bears N. 00 degrees 06'54" W. 513.59
feet;
thence S. 73 degrees 19'56" E. 825.94 feet to a point on the
Westerly right-of-way line of County Road No. 107 as built and
in place;
thence S. 31 degrees 41'54" W. 85.64 feet along said Westerly
right-of-way line;
thence S. 34 degrees 34'14" W. 177.39 feet along said right-of-way
line;
thence N. 81 degrees 12'13" W. 652.55 feet to a point on the
West line of said Section 27;
thence N. 00 degrees 06'54" W. 356.04 feet along said section
line to the Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
ALSO KNOWN AS LOT 1, LEONARD SUBDIVISION EXEMPTION PLAT,
RECORDED JANUARY 4, 1995 AS RECEPTION NO. 472830.
GARFIELD COUNTY ASSESSORS NO: 2393-272-00-037
PROVIDED FOR INFORMATIONAL PURPOSES ONLY
1111111111111111!1 111 III 111111!! 11!!! 111 HiI! 11111111
506876 04/10/1997 04:50P 81015 P152 432
2 of 2 R 11.00 D 16.95 N 0.00 GARFIELD COUNTY CLE
• 111111111111111111111111111 IIIIIIII 1111111111'll"I
515182 10/17/1997 02:00P B1038 P984 319
1 of 2 R 11.00 D 0.50 N 0.00 GARFIELD CLERK
QUIT CLAIM DEED
Stephen Low and Helen C. Low ("Grantors"), whose address is 0971 107 Road,
Carbondale, Colorado 81623, for Five Thousand Dollars ($5,000.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sell and
quitclaim to Kenneth William Riley, Jr., whose address is P.O. Box 584, Carbondale, Colorado,
81623, all of Grantors' right, title and interest in the following real property in Garfield County,
Colorado:
A tract of land situated in the NW 1/4 NW V4 of Section 27, Township 7 South,
Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying
westerly of and adjacent to the Westerly right-of-way line of Garfield County Road
107 as built and in place, southeasterly of the northwest boundary of the existing
driveway and northerly of the north boundary of the Riley property, and being
more particularly described as follows:
Beginning at a point on said Westerly right-of-way line whence a brass cap found
in place and properly marked for the Northwest Corner of said Section 27 bears
N 46°33'05" W 1091.29 feet; thence N 73°19'43" W 167.77 feet; thence N
63°24'13" E 116.02 feet; thence 95.40 feet along the arc of a 357.56 foot radius
curve to the left, the chord of which bears N 55°45'36" E 95.12 feet; thence N
48°06'58" E 161.56 feet to a point on said Westerly right-of-way line; thence
along said Westerly right-of-way line on the following three (3) courses: S
13°55'36" W 32.68 feet; thence S 22°51'12" W 27.26 feet; thence S 31°06'44"
W 238.98 feet to the point of beginning, containing 0.50 acres more or less;
specifically subject to the access easement across the subject tract for the benefit
of Lot 2, Leonard Subdivision Exemption, as shown on the Plat of the Leonard
Subdivision Exemption recorded January 4, 1994 under Reception No. 472830 in
the real property records of the Garfield County Clerk and Recorder; and
For the purpose of extinguishing Grantors' existing right to an easement across grantee's property,
Grantors also hereby sell and quitclaim to Grantee all of their right, title and interest to an
easement across Grantee's property described as follows:
An access easement located in the NWA NW V4 Section 27, Township 7 South,
Range 88 West of the 6th P.M., across Lot 1 as shown on the Plat of the Leonard
Subdivision Exemption and more fully described as 15 feet each side of the
following described centerline:
Beginning at a point on the northerly boundary of the tract of land described in
Book 432, Page 448, records of the Garfield County Clerk and Recorder whence
the Northwest Corner of said Section 27 bears N 30°44'22" W. 726.55 feet;
thence 34.53 feet along a curve to the left having a radius of 35.58 feet and a chord
that bears S 17°36'44" W. 33.19 feet; thence S 10°11'14" E. 106.16 feet; thence
Quit Claim Deed
Low to Riley
Page 2
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73.80 feet along a curve to the left having a radius of 42.72 feet and a chord that
bears S 59°40'34" E. 64.96 feet; thence N 70°50'06" E. 112.94 feet; thence 99.86
feet along a curve to the left having a radius of 769.92 feet and a chord that bears
N 74°33'02" E. 99.79 feet; thence N 63°24'13" E. 19.85 feet to the Northerly
boundary of said tract;
together with all appurtenances.
Dated this fes day of October, 1997.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
Helen C. Low
The foregoing instrument was acknowledged before me on the 15th day of October, 1997,
by Stephen Low and Helen C. Low.
My commission expires August 15, 1998.
Witness my hand and official seal.
riley\2qui'tclni.01
Thomas L. Adkison, Notary Public
• 111111111111111111 I1 III 111111111111 III 1111111111111
515183 10/17/1997 02:02P B1038 P988 011
3 of 3 R 16.00 D 0.00 N 0.00 GARFIELD CLERK
EXHIBIT A
Low Property (Being Conveyed)
A tract of land situated in the NW 1/4 NW 1/4 of Section 27, Township 7 South, Range 88 West
of the 6th Principal Meridian, Garfield County, Colorado, lying westerly of and adjacent to
the Westerly right-of-way line of Garfield County Road 107 as built and in place, and being
more particularly described as follows:
Beginning at a point on said Westerly right-of-way line whence a brass cap found in place and
properly marked for the Northwest Corner of said Section 27 bears N 46°33'05" W 1091.29
feet; thence N 73°19'43" W 167.77 feet; thence N 63°24'13" E 116.02 feet; thence 95.40 feet
alone the arc of a 357.56 foot radius curve to the left, the chord of which bears N 55°45'36"
E 95.12 feet; thence N 48°06'58" E 161.56 feet to a point on said Westerly right-of-way line;
thence along said Westerly right-of-way line on the following three (3) courses: S 13°55'36"
W 32.68 feet; thence S 22°51'12" W 27.26 feet; thence S 31°06'44" W 238.98 feet to the
point of beginning, containing 0.50 acres more or less.
Riley Property (Into Which Low Property Will Merge)
A parcel of land conveyed from Andrews and Winter to Riley by the Warranty Deed recorded
in the real property records of the Garfield County Clerk and Recorder at Book 1015, Page
151, Reception No. 506876, in which the parcel is described as:
A tract of land situated in the NW1/4NW1/4 of Section 27,
Township 7 South, Range 88 West of the 6th Principal Meridian,
being more particularly described as follows:
Beginning at a point on the West line of said Section 27 whence
a brass cap found in place and properly marked for the Northwest
Corner of said Section 27 bears N. 00 degrees 06'54" W. 513.59
feet;
thence S. 73 degrees 19'56" E. 825.94 feet to a point on the
Westerly right-of-way line of County Road No. 107 as built and
in place;
thence S. 31
right-of-way
thence S. 34
line;
thence N. 81
West line of
thence N. 00
line to the
degrees 41'54" W. 85.64 feet along said Westerly
line;
degrees 34'14" W. 177.39 feet along said right-of-way
degrees 12'13" W. 652.55 feet to a point on the
said Section 27;
degrees 06'54" W. 356.04 feet along said section
Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
ALSO ICNOWN-A.,3`LOT 1, LEONARD SUBDIVISION EXEMPTION PLAT,
RECORDED JANUARY 4, 1995 AS RECEPTION NO. 472830.
GARFIELD COUNTY ASSESSORS NO: 2393-272-00-037
PROVIDED FOR INFORMATIONAL PURPOSES ONLY