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HomeMy WebLinkAboutStaff Report DD 07.10.18Directors Determination - Staff Report Exhibits Hanlon ADU Administrative Review Applicant is Karl Hanlon July 10,2017 (File GAPA-0S-1 7-8548) Exhibit Number Exhibit Description 1 Public Hearing Notice lnformation Form, Dated June 1 ,2017 2 Mail Receipts 3 Referral Comments from Garfield County Road and Bridge, Dated June 19,2017 4 Referral Comments from Colorado Parks and Wildlife, Dated June 21, 2017 5 Referral Comments from Chris Hale, Mountain Cross Engineering, Dated June 26,2017 6 Referral Comments from Kelly Cave, County Attorney's Office, Dated Julv 3, 2017 7 Referral Comments from Bill Gavette, Carbondale & Rural Fire Protection District, Dated July 5, 2017 I County Resolutions 90-091 and 90-092 I Referral Comments from Division of Water Resources, Megan Sullivan, Dated July 7, 2017 10 Emailfrom the Applicant, Karl Hanlon, Dated July 5, 2017 Hanlon ADU - Administrative Review PROJECT ¡NFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLTCANT (OWNER) LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review - Land Use Change Permit for an Accessory Dwelling Unit (ADU) Karl Hanlon The property is located on a private road that meets County Road 472. The parcel is located approximately 1 mile east of the Town of Carbondale, at the physical address 271Willow Lane, Carbondale, CO 81623 Section: 35, Township: 7, Range: 88 TR in Lot 12 on a property known by Assessor's Parcel No. 239335400039. Approximately 3.41 acres Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 3.41 acre parcel located within the rural zone district. The property has a developed single-family home and a cabin structure that has been used as a residence. The proposed ADU would permit the pre- existing cabin structure. The property is under 4 acres, which requires the floor area of the ADU to not exceed 1-,500 square feet. The Garfield County Comprehensive Plan identifies the property as Residential Medium / High with a recommendation of 2-6 acres / dwelling unit. Access to the site is an existing driveway and private roadway from County Road 472. fhe Applicant has submitted plans for an upgraded Onsite Wastewater Treatment System to serve the single family residence and the proposed ADU, to Garfield County Community Development. Water will be provided through a permitted onsite well. The Applicant has requested that Garfield County Land Use Code requirements for pump and water quality tests on the well be conditions of approval and not requirements at the time of application submittal. II. DESCRIPTION OF THE SITE The site is currently developed with one primary single family residence, a pre-existing cabin I Hanlon ADU - Administrative Review that has been used as a residence, and a variety of other storage structures. The parcel was created through a 1978 Subdivision exemption. The property is accessed via a gravel driveway from a private road that is used by multiple single-family residences. Landscaping includes multiple mature, deciduous and coniferous trees on the relatively flat lot. The subject parcel is located in the rural zone district, and is surrounded by parcels of varying sizes. Vicinitv Map !i 'l'own of Carbondale County Road 100 2 Hanlon ADU - Administrative Review Site Plan Existing Single-Family Residence Proposed ADU Uz J t ¡ 'oI¡ O III. WAIVER REqUESTS FROM STANDARDS The Applicant has requested a waiver from the Roadway Standards in Table 7-tO7 of the Garfield County Land Use and Development Code of 2013, as amended. The Applicant has stated that while the driveway meets County Roadway Standards, the Willow Lane North extension, from the end of the driveway to the County Road right-of-way, does not meet County standards. The Applicant justified the waiver request by stating that the proposed ADU will replace what has been represented as a pre-existing residential use, and thus, does not increase the current traffic on the road. He has also detailed how the road is maintained through neighborhood cooperation (See Exhibit 10, for the applicant's waiver request). Through County Resolution 90-091, the applicant demonstrated that the private road (Willow Lane North extens¡on), between the county right-of-way, and the Applicant's driveway was J Hanlon ADU - Administrative Review accepted by the County as, [...] "public roads open and available for use by the public as roads," (Exhibit 8). However, in that resolution, the roads were explicitly not accepted into the County Road System, which means the County bears no responsibility for maintenance, repair, or upkeep (Exhibit 8). The Applicant has stated that to the best of his knowledge, the current homes and uses existed at the time of the road dedication. The Applicant believes this supporting evidence demonstrates that the second residence was being used when the County accepted the Willow Lane North extension as a "Public Road" and thus the County accepted the traffic of the dwelling unit at that time. The Applicant has not provided adequate evidence that the use of the structure as a residence was legal and non-conforming. Staff has searched Community Development Records and is unable to determine when the structure was first used as a residence and whether that use was legal, non-conforming. Staff is supportive of the Applicant's waiver request, provided that the Applicant is able to demonstrate that the residential use of the structure was legal and non- conforming prior to County resolution 90-091. lf the Applicant cannot provide adequate documentation to demonstrate the legal non- conforming residential use o[ the structure prior to the County Resolutlon, the Applicant may submit a Waiver request from the Roadway Standards in Table 7-tO7 that is supported by a demonstration of compliance with County Policy 07-74 Rood Submittals and Woivers. As a third option, the applicant may choose to upgrade the road to meet County Standards detailed in Table 7-107 of the Garfield County Land use and Development Code of 201-3, as amended. AUTHORITY - APPTICABTE REG UTATIONS The Land Use Tables conta¡ned in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural zone district as requiring Administrative Review. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also subject to Section 7-70I. The standards are addressed in the Application submittals and in the Staff Analysis section of the staff Report. V. PUBTIC AND REFERRAT COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: IV A. B. D 4 Hanlon ADU - Administrative Review L. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering (Exhibit 5) excerpt: 1. The well permit provided does not specify number of dwellings allowed; only residential use and commercial use with a maximum production rate. The Applicont should discuss the current woter usage from the well and verify thot the ADU would not exceed the permitted use. 2. The Applicant should provide pumping/production rote ond water quality information from the well. 3. The Applicant should calculate the ADT for the rood and verify that the existing road geometry is congruent with the geometry of Table 7-707. 2. Garfield County Road and Bridge (Exhibit 3): Road and Bridge has no concerns with the request. 3. Colorado Parks and Wildlife (Exhibit 4): CPW has no concerns with the request. 4. Garfield County Attorney's Office (Exhibit 6): The County Attorney's Office has no concerns with the request. 5. Carbondale & Rural Fire Protection District (Exhibit 7): The fire department has no concerns with the request. 6. Colorado Division of Water Resources (Exhibit 9) excerpt: "Since the well permit only indicates domestic use and does not specify the number of homes, this oÍfice considers the uses in place prior to the stream system becoming over-opproprioted to be the allowed uses under the well permit. Therefore, os long as the uses of the well do not exceed those ollowed under the permit, this office has no objection to the well also serving both the single fomily residence ond the ADU.' VI. STAFF ANALYSIS Article 7, Division 1: General Standards Section 7-L0L: Compliance with Zone District Use Regulations The proposed ADU complies with Zone District Use Regulations. An ADU is permitted in the rural zone district pursuant to an Administrative Review and an issued Land Use Change Permit Permitting the structure will allow the applicant to make more substantial improvements and expansions, (up to 1,500 square feet) than is allowed for the pre-existing cabin. Section 7-102: Conformance with Comprehensive Plan 5 Hanlon ADU - Administrative Review The County Comprehensive Plan identifies the property as Residential Medium High Density (2- 6 acres per dwelling unit). The property is 3.41 acres and the addition of an Accessory Dwelling Unit on the property means that the proposed density is higher than that recommended by the Comprehensive Plan. The proposed ADU does conform to other sections of the Comprehensive Plan particularly Housing Goal 1: To bring about o range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in sofe, efficient residential structures. The proposed ADU contributes to the goal of providing a range of housing types, costs, and tenancy options. Per the Garfield County Land Use and Development Code, the floor area of the ADU will not exceed 1,500 square feet, allowing for a smaller residential housing option. Agriculture Goal 3: Preserve scenic and visuol corridors in the county. The proposed ADU will not impact any scenic or visual corridors in the county. The structure ls already pre-existing and the applicant is only proposing to enclose the carport for an expansion. As a suggested, condition of approval, the ADU will not exceed 1,500 square feet in floor area. Water and Sewer Services Goal L: Ensure the provision of legal, adequate, dependable, cost- effective and environmentally sound sewer and water services for new development. The ADU will be served by an engineered Onsite Wastewater Treatment System and an onsite perm¡tted well. While the proposed ADU does not meetthe density recommendation of the Comprehensive Plan, it does meet other goals. Staff believes that the proposal is in general conformance with the Comprehensive Plan. Section 7-103 : Compatibilitv The proposed use is located in the rural zone district and is unlikely to significantly alter or impact the character of the area. Section 7-104: Sufficient, Adequate. Lesal and Phvsical Source of Water The ADU is to be served by an existing well on the property, Division of Water Resources - Permit Number 48637. The application was referred to the Division of Water Resources who stated as part of their referralcomments: '"Therefore, as long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving both the single fomily residence and the ADU". 6 Hanlon ADU - Administrative Review To address this referral comment, Staff proposes a condition of approval that the applicant abide by all conditions and limitations of the associated well permit. The Garfield County referral engineer supplied comments that the applicant should provide pumping/production rate and water quality information from the well. As part of the application, the applicant requested that those requirements be included as conditions of approval, rather than as application completeness issues. To address these referral comments and the applicant's request, staff suggests a condition of approval that the applicant shall complete a pump test and a water quality test as required by the Garfield County Land Use and Development Code. Any changes that need to be made to bring the well into compliance with the standards detailed in the Land Use Code shall be completed prior to the issuance of a Land Use Change Permit. Section 7-105: Adequate Central Water Distribution and Wastewater Svstems The Applicant is proposing to install a new Onsite Wastewater Treatment System to serve the proposed ADU and has submitted an application to Garfield County Community Development for the upgrade. Staff recommends a condition of approval that the Applicant provide a demonstration that the system is in place and functioning, at the time of building permit. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist at the subject parcel. Section 7-LO7 cs and l)rivewavs a) The Application was referred to the Garfield County Road and Bridge Department (see Exhibit 3). Because the access is from a private drive, Road and Bridge did not have any concerns with the project. The applicant has demonstrated through County Resolution 90-091 that the road to access the property has been accepted by the County as, "public roads open and available for use by the public as roads," (Exhibit 8). However, the road has not been accepted into the County Road System and the County is not responsible for maintenance, repair, or upkeep of the Willow Lane North extension. b) The Applicant has stated that the driveway meets the design standards found in Table 7- 107. However, the pr¡vate road that the Applicant uses to access the driveway from the County right-of-way does not meet those standards. Please see Section lll Waiver Request from Standords of this staff report for staff analysis of the waiver request. Section 7-L08: Natural Hazards The Application states that there are no known hazards on the property. The parcel is not rated 7 Hanlon ADU - Administrative Review in the Community Wildfire Protect¡on Plan. The Garfield County Geologic Hazards map does identify the parcel as having a high water table. To address this issue, the Applicant has provided a plan for ínstalling an Onsite Wastewater Treatment System from a Professional Engineer and has applied to Garfield County for an OWTS permit. Staff recommends a Condition of Approval that the upgraded system is in place and functioning at the time of building permit. Section 7-LO9: Fire Protection The application was referred to the Carbondale and Rural Fire Protection District. They noted that they had no issues with the proposal (see Exhibit 7). Article 7, Division 2: General Resource Protection Standards Section 7-20L Agricultural Lands The property is not currently in agricultural production and the application will permit an already existing structure, with only the enclosure of the garage as an expansion. lt is not anticipated that the proposed development would adversely affect any neighboring agricultural uses. The Applicant has represented that there are no irrigation ditches on the property. Section 7-202 Wildlife Habitat Areas The ADU is expected to have limited impacts on wildlife. The application was referred to Colorado Parks and Wildlife (CPW), who had the following comments. Colorado Parks and Wildlife has reviewed the opplication materials submitted by Mr. Hanlon for the proposed ADU addition at 277 Willow Lane in Carbondale. Due to the surrounding development in this orea and the existing structure that the applicant wishes to odd on to, there are no significant wildlife concerns øt this time. CPW does not recommend any additional measures to minimize impact to wildlife or wildlife habitats. Section 7-2O3 Protection of Waterbodies There are no known water bodies on the subject parcel Section 7-2O41)naee and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage from the property. The Garfield County Consulting Engineer reviewed the project and did not raise any issues with drainage on the site. Sections 7 -2OS Environ menta I Qualitv No water or aír quality issues are anticipated from the proposed project 8 Hanlon ADU - Administrative Review Section 7-206 Wildfire Hazards The parcel is not rated by the Communlty Wlldfire Protection Plan and is relatively flat, without any slopes over 30%. The application was referred to the Carbondale and Rural Fire Protection District who had no concerns with the proposal (see Exhibit 7). TCommunity Wildfire Protection Plan - X'ire Susceptibility Index A Ø \,Vildl¿nd Fire 5urceptibiliþ, lndecc Tf NR I Low fl Moderate f Hish IVery High ¡ffi3$'lÊffi 3- '1 ìl ll ¡¡ iì ,;! ,,|l ¿t 2!93StS@ ¿sBfttry¡ ¿¡snt@r g sg F g e ar ã Subject Parcel"*ã= ax¡ *=* es= =ex ã¡r¡¡S$m¡$ F2 9 Hanlon ADU - Administrative Review Section 7-207 Naturaland Geologic Hazards Please see staff analysis in Section 7-108 of this Staff Report Section 7 -2O8 Reclamation Minimal disturbance is anticipated in construction of the ADU Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Desisn: The ADU use is generally compatible with surrounding residential land uses. Section 7-302 Off- Street Parkine and Loadins Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit. Sections 7-303 Landsca ping Standards: The LUDC specifically exempts ADUs from Section 7-3O3 Section 7 -3O4 Liehtine: Staff recommends a condition of approval that any exterior lighting comply with the Standards outlined in Section 7-3O4. Section 7-305 Snow Storage Standards: The property has adequate snow storage areas that are in compliance with County standards. Section 7-306 Trail and Walkwav Standards: No recreational or community facility access areas are proposed Article 7, Division 7-7OL,Accessory Dwelling Unit A. Maximum Floor Area: The property is under 4 acres, which requires the ADU to not exceed 1,500 square feet. Staff suggests a condition of approval that the ADU not exceed L,500 square feet. B. Ownership Restriction: 10 Hanlon ADU - Administrative Review The Applicant has represented that the contemplated use of the ADU is limited to long-term housing for members of his family. C. Compliance with Buildine Code: Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary building permits from Garfield County for future development. D. Minimum Lot Area: The parcel is approximately 3.41 acres which satisfies the minimum lot size for an ADU in the rural zone district. E. Entrance to Dwelling Unit: The proposed ADU is physically separate from the primary dwelling unit F. One per Lot There is no ADU on the property currently VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that with the adoption of conditions, the proposed Accessory Dwelling Unit is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of the Hanlon ADU application. Suggested Findings 1.. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code of 20L3, as amended. Suggested Conditions of Approval Prior to the lssuance of a Land Use Change Permit 11 Hanlon ADU - Administrative Review L. To address the Roadway Standards detailed in Table 7-tO7 of the Garfield County Land Use and Development Code of 2013, as amended, for the section of Willow Lane, from the County Road right-of-way to the applicant's driveway, the applicant shall, prior to the issuance of the Land Use Change Permit: a. Present evidence, acceptable to the Garfield County Community Development Director, that the at the time of the acceptance of the Willow Lane North Extension, as described in Garfied County Resolution 90-091, there were two residential uses on the property, including of the pre-existing structure where the proposed ADU is located. OR b. Submit a waiver from Roadway Standards in Table 7-LO7 of the Land Use and Development Code of 2Ot3, as amended, for the Willow Lane North extension road between the applicant's driveway and the County Road right-of-way. The waiver request shall be supported by a demonstration of compliance with the requirements detailed in Garfield County Community Development Policy, OL-L4 Waivers for Roads and Demonstration of Compliance. OR c. Upgrade the road, from the driveway to the County Road right-of-way, to meet the Roadway Standards in Table 7-L07. 2. Prior to issuance of a Land Use Change Permit, the Applicant shall conduct a water quantity and quality test on the well that serves the single family residence and proposed Accessory Dwelling Unit. The results of the pump test and water quality analysis shall comply with Section 4-203(MXIXbXSXa) and Section 4-203(MXIXbXSXc) of the Garfield County Land Use and Development Code of 20L3, as amended. The results of the pump test and water quality analysis shall be reviewed and accepted by the Garfield County Community Development Department and the designated County Engineer. Other Conditions 3. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners or the Director's Decision. 4. At the time of building permit, the Applicant shall supply evidence that the upgraded Onsite Wastewater Treatment System to be used by the Accessory Dwelling Unit is installed and functioning on the property. 5. The Applicant shall comply with all conditions, requirements, and water usage limitations, detailed in Well Permit No.48637. t2 Hanlon ADU - Administrative Review 6. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-7Ù!,Accessory Dwelling Units, of the Land Use and Development Code of 2OI3, as amended. 7. The Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square feet. 8. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain all necessary Garfield County Building Permits prior to construction of the ADU structure. 9. All exterior lighting shall be downcast and shielded and comply with Section 7-3O4, Lighting Standards, of the Land Use and Development Code of 20L3, as amended. 10. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development Code of 2OL3, as amended. l3 Hanlon ADU - Administrative Review Photos - June 29.2OL7 - Site Visit: Carport to be enclosed t4 Hanlon ADU - Administrative Review Driveway from ADU 15 Hanlon ADU - Administrative Review Driveway from Private Road l¡ '; t6 Hanlon ADU - Administrative Review Parking for ADU t7 Hanlon ADU - Administrative Review Proposed ADU l8 Hanlon ADU - Administrative Review Willow Lane - Private Road t9 Garfield County PUBLIC HEAR¡NG NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for hearing. ln addition, please initialon the blank line next to the statements if they accurately reflect the described action. E My application required written/mailed notice to adiacent property owners and mineral owners. k¡h Mailed notice was completed on the 22nd day of June 2017. kih All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorde/s office at least 15 calendar days prior to sending notice. kih All owners of mineral interest in the subject property were identÍfied through records in the Cle¡k and Recorder or Assessor, or through other means llist] - Please attach proof of certified, return receipt requested mailed noticeI a My application required Published notice. Notice was published on the day of , 20-. Please attach proof of publication in the Rifle Citizen Telegram. t] My application required Postlng of Notice. Notice was Posted on the daY of 20_. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. t testify that the above lnformatlon ls true and accurate. 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ROBERT & REBECCA HUTTON PO BOX 1353 CARBONDALE 81,623 dlftnrtfiom¡bm1? addnoebdow¡ E No RôsûlotodDdìrtY Md ff.ûÙloLd D.llt'|y ltililll lllt illllllII III lil ll lll lll ll I lil lll trtrtr tr trtrCdlsot ftloúty M6llEnPro6sO BsohndMalFs Hfubltll(,l'hilBstltþled Rohm RecolDttor Mðd¡mdbo- Slgnatuß Confmallonil 810ûsluß Oonfirmd¡on Roùldotod f}oÜvoly 9590 9402 2207 6193 6768 34 ?01 h e?18 UUtl0 ?5h3 Uqå trtrtr tr tr cl SH,W"*t n ¿ooL"tv .lt tlF..ühbdD¡ütllY B€skk{€d E Rdum Bmlpt ftardæpt4 E Rdum n@þt (€leolffilo) E cGntfi.d Mstl Rê3tlorÉd o€Ituèry EÂdüll Slgmtw Fsquhed Fur dgllvgÌy ¡nfuñ[illioil, vis¡l our wuL)sile itI r?ww.t/.s¡J-\.¿ (r¡,) PS Fornì a.bVPtffid t SENDER: COMPLETE 7HlS:ì[Cri Ofv COMI)1 I IÍ THI:; SFCTION ON I)I-LIVT'RY PS Form , July 201ı PSN 7630-fÌ2-00040ı8 DomsstbRcü¡m R.c€lpt l U.S, Postal Service ðËnrlruo MAIL@ REcEIPT Donteslic Mail OrtlY En*m tu álpi(dÍ'forìlo)EReun R¡.üþird DÈllvdYM¡IItrooilí.ó EÂdult slg¡âtuE Flqu¡ld c oß1ot¡r vJ(ìl)sllc ¡Ì wt9lY' For clellvel Y lnl()rrÌliì tron. visil PS t orñ 3BOo, APril 2f)1 5 t,S¡l 7531'.1ilj osi) s047 Sce Rcvcrse lor lnslluotl()rls rurl.ÍËl m -drrt f! ÉEItrttrl cr F{ f!ru .¡råEr! J:t. à. ¡ Po¡ffil,lt'$:1t nen 0064 CARBONDATE.S 'zl|t; I U.S, Postal Service'"' CERTIFIED MAI L6) RECEIPT Dontestic tt4ail Ortlymmrn trt m.¡lJlÞ tr¡ EI Êrtrt trr F{ firu .¡ F{trl ]l i:\ i-: ESTATEOF }IEIRS OF CIO HARVEY TELINDE 994 BRUSHCREEKLANE GLENWOOD SPRINGS 8160I '; Þéótåtl,l{eþ onDdlEryRllübbCD¡[ttrt [n ûbLdD.'f$ry 'äË or on the frcnt lf t. : iESTATE OF MATILDA GERBAZ.HEIRS OF ORESTGERBAZ . C/O HNRVEY TELINDE 994 BRUSH CREEK LANE GLENWOOD SPRINGS 8160I ¡ Oornplgte ¡bmc f , 2, üd & ¡ Pdntyourn¡mcendtddËcrontic nene !othat wccan rd¡m tñe aardtoYou. I Att€oh thls ca¡d to the back of täc malþl*e, II (^r*tx ililil|t llt lllilt]il ltI ilt ] lil iltlllfl Ít tr of Dôlt,lry trNo ßr9590 9402 2247 ü93 6767 80 ?01,h e?rE 0fl0t¡ ?5h3 0533 ..'a RåùnR*sþl0Enhopyl t Rôcôlpl (.¡ætor{c)EFûin MâIIECôilí€d Rêùlol¡d Dôlhre{y I REqUtrdElAd¡ttgtgmtuÞ Dô¡vùry For rrìfornrali()n. v¡sit our wet)sile i\\ lMwv/.usps.conl YErt D. lg lf COtulPl.F'lt: lll/.S .S/jc-7i (lN ()N Dt:L'lVFIlYSENDER: COMI'LE'|L fHlS .Sf:{,. l/ON PSForm , Ju¡y 201ö PgN 7ıqÞf}2-000-00ö0 Dom€süoR.tm RcaolS It{ Patrick Waller To: Cc: Sent: Subject: From:Dan Goin Monday, Jurte 19, 2O17 8:25 AM Patrick Waller Michael Prehm; Wyatt Keesbery GAPA-05-17-8548 Patr¡ck, After review of the land use change permit for the GAPA-05-17-8548, Hanlon ADU, the access is from a private drive so they should be good to go as far as Road and Bridge is concerned. Dan Goin D¡strict 3 Foreman Garfield County Road and Bridge 0298 CR 3334, Rifle CO 81650 970-62s-8601 1 AffiI cotoRADo Parks andl/ìIildlife Deparfrtent of Natural Resources Glenwood Srings Area Office 0088 Wltdtife Way Glenwood Sprlngs, C0 81601 P 970.947.2920 | F 970.947.2936 June 21 ,2017 Patrick Watler Senior Ptanner Garfietd County Community Devetopment 108 8th Street, Suit 401 Gtenwood Springs, CO 8f 601 RE: Hanlon ADU Application (271Willow Lane, Carbondale, CO) Dear Patrick, Cotorado Parks and Witdtife has reviewed the apptication materiats submitted by Mr. Hanlon for tJre proposed ADU addition at 27f Wiltow Lane in Carbondale. Due to the surrounding devetopment in this area and the existing structure that the appticant wishes to add on to, there are no significant witdtife concerns at this time. CPW does not recommend any additional measures to minimize impacts to witdlife or witdlife habitats. Colorado Parks and Witdtife appreciates the opportunity to review and submit comments for this project. lf there are any questions or needs for additionat information don't hesitate to contact Land Use Speciatist, Taytor Etm, at (9741947' 2971 or DistrictWitdtifeManager, John Groves, at (970) 947'2933. Sincerety, Perry Area Witdtife Manager Cc John Groves, District Witdtife Manager Taytor Etm, Land Use Speciatist FÍle Bob D. Sr6cheid, Direct{, Colorädo P¡rlG ånd Wltdlífe . Parks ånd Wldtife Commissíon: Robert W. Êray. Jeune Home John lloÌvârd, Vice.(haír . fhte Pize{ r Jann Prl!y{, Chalr. Janns V1$t r Dean Mr¡ffetd o trtche{lc Zinrrærnun' Scøetary. No( Zipp MOUNT¡TIN CROSS ENGTNEERING, INE. Civil and Environnpntal Consult¡ng and Delign June26,20l'l Mr. Patrick Waller Garfield C ounty Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of the Hanlon ADU: GAPA-05-I7-8548 Dear Patrick: This office has performed a review of the documents provided for the Hanlon ADU Application. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The well permit provided does not specify number of dwellings allowed; only residential use and commercial use with a maximum production rate. The Applicant should discuss the current water usage trom the well and verify that the ADU would not exceed the permitted use. 2. The Applicant should provide pumping/production rate and water quality information from the well. 3. The Applicant should calculate the ADT for the road and verify that the existing road geometry is congruent with the geometry of Table 7-I07. Feei iree to cail iiyou have atty quesi.it-,trs ut coitiiltettts. Sincerely, I s Hale, PE 826% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5 544 F : 970.945. 5558 www.mountaincross-eng.com Patrick Waller From: Sent: To: Subject: Kelly Cave Monday, July 03, 2017 1:09 PM Patrick Waller RE: Hanlon ADU GAPA 05-17-8548 Hi Patrick-l reviewed the above application online. Minerals are complete. I have no further issues with this application. Thanks, Kelly Cave ,{,ssistant GarFreld County Attorney Telephone (970) 945-9150, ext. 1735 E mail: kc¡v c(ò.oarfteld-countv. com From: Kelly Cave Sent: Monday, May 22,2077 3:42 PM To: Patrick Waller <pwaller@garfield-county.com> Subject: Hanlon ADU GAPA 05-17-8548 Hi Patrick, I reviewed the above application for the following: Ownership-complete. Authority-complete. Access-complete. 200 foot notice-complete. Minerals-incomplete. No information provided. Water-is there a well permit? Please let me know if you need anything further. Thanks, I{elly Cave Á.ssistant Garfield County Attorney 108 8th Street, Suite 219 Glenwood Spdngs, CO 81601 Telephone: (970) 945-91.50, ext. 1735 Fax: (970) 384-5005 Email: kczv e@gaÊreld- county. com 1 Patrick Waller From: Sent: To: SubJect: Bill Gavette <gavette@carbondalefire.org > Wednesday, July 05, 2017 11:27 AM Patrick Waller Hanlon ADU - GAPA-05-17-8548 Dear Patrick, I have reviewed the application for the Hanlon ADU. I have no issues with the proposal. Best Regards, BillGavette Deputy Chief Carbondale & Rural Fire Protection District www.ca rbonda lefi re.org 970-963-249t flßE. EñI$ ' RßICUE 1 r ¡,ECORDED Af 999FEc f 418f1"1 o,cr-ocx ,4.u. l{0V 20 l9g} itILDREÐ ALSDURFT C0UNTY CLERK, 6APFIELD COUNTY, CÜLORÂDO t'r,ríl( 'X)3 tlrf6l,.3 QUIT CLAIM DEED lAcK R. sHARp and AUBREY SHARP, of the county of Glassier, state ol Montana, for the consideration of Ten Dollars and otherrraluableconsideratiort, in hand paid, hereby sell and quitclaim to THE BOARD OF COMMISSIONERS OF GARFIELD COUNTY' COLORADO, whose ¡ddress is 109 Eighth Street, Glenwood Springs, Colorado, 81601, thc following real property in tlrc County of Garfield, State of Colorado, to-wit: PARCEL 1 A strip of ìand in l¡ts l1 and 12, Section 35, Township 7 South, Range 88 West of the 6th P.M., as ¿i coünty road and for no other purpose, described as foilows: Beginning at a point whençe the Witness Corner to the -South Quarter Corner of Section 35 bears S. 10"21'56" E' 1285.92 feet (also being the Northwest Corne¡ of Reception No, 238094); thence S. 80"00" E' 597'71' ieet; rhence S. 36'23'15" E. 30.41 feet; thence S, 07"14'02" v/. 897'48 feet to thc Southeast Corner of Receptiort No. 238094, alsc being a point on the North iine of County Road 100; thence S. 86"52'06" E, along the North line of said County Road 50.11 feet to ths Southwest Corner of Reception No. 2717b8; thence N. 07"14'02" E. 927.71 feet along the West lir¡e of Reception No. 271768, Reception No. 246940, Reception No. 246941' Reception No. 241712; thence N, 32"03'U/. 35.3i feet; thence N.71"38'35" V/,38. 17 feet to the Southeast Corner of Reception No. 238141; thence N' 80'00' W' 747'51 fç€t to the Southwest Corner of Reception No. 23814i, also being a point on the East line ol Cottonwood Lane; thence N. 7lo 18'44" W. 32. 10 feet to the Southeast Corner of Receplion No.245319; thenceN. 80"00'W. 16.61 feet; thenceN. 89o24'W- 10?.88 feet; thcnce S. 51o42'00'W, 39,88 feet to the Southurest Corner of Reception No. 245319; thence S. 51"42'W. i09.0 feet; thence S. 74'29'30. \V. 79.62 îeer; thence S. 72"A0' lW. 50,0 feet to the Southwest Corner of Reception No. 251094; thence S.' 72a00' W. 31.78 feet to the Vy'esl. line of Lot l1; thence S. 00"4û'00" W. along the West line of ttt n, 9A4,24 feet to the North iine of County Road 100; tl'lence S. 86"02'59" E. 43'8ó feet along the North line of County Road 100 to lhe Southwest Corner of Reception No' 238648; thence along the Vy'est line of iìeception No. 238648, N. 04"20'21" E. 57.65 feet; thence N. ù0'01'44' E. 299.83 feet; thence N. 00"53'34" 8.512.25 feet to the Nortltwest Corrrer of Reception No. 238ó48; thence along the North line of Reception No. 238648 also being the Sor¡th line of Daisy I:ne, N, 72"00' E' 48.88 feel; thence N. 74'29'30" E. 88.61 feet; thence N. 51o42' E' 138.82 feet; thence S. 89'24' E. 86.11 feet; thence S. 80"00' E. 186.77 fest to the point of treginning, also being the Northeast Co¡ner of Reception No. 238648; containing 3'346 acres, 'inore or less. Also knorvn as the loop of Rose Lane, Daisy Lane and Willow Lane. .PARCEL 2 A strip of land si¿uated in Lots 9 and I i, Section 35, 'I'ownship 7 Soutlt, Range 88 West ol the 6th P.M., as a public ¡oad and for no other pulpose' described as follows; Beginning at a point whence the South Quarter Corner of Section 35 bears S. 22'06' E. 1455.70 feet; thence N..89"24' W' 208'71 feet to tlie true point ol beginnirrg, being the Sottthwest Corner of Reception Na. 226872; thence N. 00"36' E. 1302.83 feet along the West lines of Receptiotr No. 226872, Receplion lla- 237403, Reception No, 246617, Reception No' 246937, Reception No. 240A95, to tl¡e North li¡e of Lot 9; thence N. 89'01'43" W. 28.45 feet to the Northwest Corner of tnt 9; thencp S. 00"40'00" W. along the lilest line of Lots 9 and I l, 1,443.14 f'eet; thence N. 72"AA'E. 31.78 feet to the Soutltwest Corner ol Receptiou No. 251094; thence N. ü0"36'00" E. 130'0 feet to the trtre point of beginning; containìng 0.967 acres, more or less. Also known as Rose Larre Not'th extensiolt. ].\q $rril( ?fÌ3 l¿,rr6X.4 PÀRCEL 3 A strip of land situated in l¡ts 9 and 11, Section 35, Township 7 South, Range 8E Vy'est of the 6th P.M., as a public raad and for no other purpose, described as follows: Beginning ât a point whenco the t¡lVitness Comer to the South Quarter Comer of Section 35 bea¡s S. llo09'39n E. 1584.91 feet (also being the Southwest Corner of Reception No. 23992a); thence N. 00o36' E. 626.43 feet (Deed = 626.13 feet) to the Northwest Corner of Reception No. 239924; thence N. 89o24' ïV, 32.46 feet to the Northeast Comer of Reception No. 246617; thence S. 00"36' W. 623.90 fent along the East lines of Reception No. 246617, Reception No. 241126, Reception No.237405 to the Southeast Corner of Reception No. 237405; thence S. O9oll'20n W. 141.70 along the East line of Recepilon No. 245319; thcnce S. 23'43'53" W. 78.28 feet to the Southeast Comer or'Reception No. 245319, also being a point on the North line of Daisy lane; thence S. 71o18'44" E. 32.10 feet to the Southwest Comer of Reception No. 238141; thence N. 23'43'53' B. 81.52 feet (Deed : 18.64 feet) along the West line of Reception No. 238141; thence N, 09"11'20" E, 146.20 fe€t to the Norlhwest Corner of Reception No. 238141, also being the point of beginning; containing 0.613 acres, more or less. Also lanown as Cottonwood l¿ne, PARCEL 4 A strip of land situated in L¿ts I and 12, Se¿tion 35, Townshþ 7 South, Range 88 V{est of the 6th P.M,, as a public road and for no other pulposc, described as fòllows: Beginning at a point whence the South Quarter Corner of Seclion 35 bears S. 16"05'16'W. 1614.46 fe€t to the Southwest Corner of ReceptionNo. 251463; thence N. 00e36' E. 491.94 feet along the West line of Roception No. 251463, Reception No. 24.9170, Reception No. 249347 to the Northwest Comer of Reception No. 249347; thence S. 89"24' B, 333.413 feet; thence N. 00o3ó' E. 44,278 fæt to the South line of Reception No. 243243; thence N. 89'24" lV. along the South line of Reception No. 243243,30.ffi feet; thence S, 00.36' W. along said South iine 17.778 fæti thence N. 89o24' U/. 333.69 feet to a point on the tfr'e$ üne of Vy'illow Iane, also'being a point on the East line of Reception Nô. 239514; thence S. 00o36' 1V. 526.13 feet to the Southeasr Corner of Receptlon No. 239514; thence S. 07o14'.02 W, 341-U feet to the Southeast Comer of Reception No. 238141; thence S. 71"38'35' E. 38.17 feet to a point on the rrly'est line of Reception No. 241772 and the East line of Willow kne; thence N. 05o58'17' E. (Deed = N. 06o06'ü)' E.) 282.05 feet to the Northwest Corner of Reception No. 241772; thence N. 05o58'17' E. ?3.60 feet; thence N. 00o36'00" E. 4.20 feet to the true point of beginning; containing 0.845 acres, more gÍ less, Also known as Willow t¡ne Norlh Exiension. PARCEL 5: A strip of land situated in [,ot 12, Sectiori 35, Township ? South, Range 88 West of the 6th P.M., as a public road and for no other purpose, described as follows: Beginning at â point whence the Witness Corner to the South Quarter Corner of said Section 35 bears S. ló'05'16" W. 1614.46 feet (also being the Southwest Corner of Reception No. 25 1 463); thence S. ?2 " 1 4'iì0" 8 . 298.7 9 fæt; thence N. 77o37' B. 19.75 feet; thence N. 2608'26 E. 80.20 feet; thence N. 37o22'18 8.67.28 feet to theNortbeast Co¡nerof Reception No. 251463; thence S. 19"48'29" 8.34.34 feet to the Southwest Corner of Reception No, 258?15, also being theNorthwestCornerofReception No. 2467161¡ thence S, 37o22'tïu W- 44.64 feet; thence S. 26"08'2ó" W. 91.80 feet; thence S. 10'55'E. 1.50 feet to the Southwest Corner of Reception No. 2461161' thence S. 73"13'58'W. 41.93 feet to the Northwest Corner of Reception No. 280976; thence S. 05o10'34" W. 6.99 feet to the Northeast Corner of Reception No. 241772i thence N. 72o14' W. srl( tr)S ri,et6j-Ír along the Northerly line of Reception No. 241772,254.23 feet (Deed = 254.75 feet); thence S. 65"09' rvV. along said Northerly line 54,21fæt to the Northwest Corner of Reception No. 241V72, also being a point on the East line of rffillow Iane; thence N. 05'58'17!' E. 73.60 feet; thence N. 00"3ó'00" E. 4,2O feet to the true poínt of beginning; containing 0'409 acres, more or less. with all its appufenances. Signed this / 7 day of for Aubrey Sharp. 'WITNESS my hand and official seal My commission expires: q-/ '/ ?'- i990. R. R. Sharp as f¿ct Sharp ^ 1990 , by Jack Sharp for hi¡nsclfand as attorney-in-fact STATE OF MONTANA ) couNTY oY C'¿*-^'¿^--)"t _- The forçgoing ,y'i./. /t ó ¿' /- quit claim deed was acknowledged before me this / 7'1ay of -r.'Æ Public ._. '.r .l EECoñDED ^T qoß FËc Ê 4l.üI7? o'cLocK /l .î1. Nov 2 0 lgg0 t{ILDRED ALSD0RFz COUNTY CLEnK GARFIEL0 C0Ut{TYr C0L0RADC ßnnx ?Ð3 P¡cE6l,6 Co¡nrnissioners for Garfield County, Coto_trado, held at the Courthous€in Glenwood Springs on Monday, *e Jîraay bt t{¿lSAheA.D., 1990,there were preeent: STATE OF COT,ORADO ) )ss. COUN:IY OF GARFISLD ) Àt a reqular meeting of the Board of County , Commissioner Chairman CommiesLoner Conniseioner County Àttorney Clerk to the Board ,\'1 Don K. DeEord -,Mildred Al-sdorf . , when the following proceedlngs, among others were had and done,to-wíÈ: RESOLUnTON N\1. 90- ogl_ RESOLUTÎON ÀCCBPTTNG ROSE T.åNE ¡IORTH EXTENSIOI{, coîroNnooD I.A!{E, At{D f{rLLo}I LANE NORTH EXTENSION Às cotNTY RoÀDS I{IIEREÀS' the Board of County Conmissíoners of GarfLeld County,cororado, is entitled to accept rlght,s-of-way properly dedicatãåto the public, for use by the public, and on beharf of èhe public,pursuant to_the provisi.one of Sestion 43-2-20L(1)(a), C.R:S., aaamended; and. ¡{HEREAST ,rack R, sharp and Aubrey sharry have exscuted a eult.-Claim Deed to the Board of County Co¡rmriseionêrs of Garfield County,Coloradò, certaÍn parcels for uãe as public roadsi and I{HEREjAS, said Quit-'Clain Deed propoaea to tranafer to GarfieldCounty by Quit-C1ai¡r Deed a parcel of land refered to in saidQuit-claim Ðeed as Parcel 2, also known aa RoEê f¡ane t{orthExtension on the proposed county road dedícation ptat; parcel 3¡.also knoryn as Cot[onwood r¡ane o¡i the County road de¿icâtt"n pfaiiParcel 4, aleo knorvn as WÍllow Lane North Exteneion on the Cıuntyroad dedication plat; and I{ITEREAS, reeidents in the vicinity of said roada have aekedthat t-!e Co¡rnty accept-the 0uit-ClaÍm of the aforemenÈioned parcelsas dedications of roads for use by the public. NoÌü' TITEREÍ'ORE, BE rî REsorrvED, by the Board of countyCommissioners of Garfield County, as follows: 1. the Board of county connissionclrÊ hereby accepts thededication of pubtic rights-of-way set iorth in thã descriptions Brrol( ?93 prfr¡6l? contained in Sxhibit, A attached hereto. The acceptance by this Reeolution is Límited to those descriptions contained in Èhe 9uít- CIaím Deed and described as Parcel 2, Parcel 3 and Parcel 4r. se well ae Parcel 5. The foregoing parcele ehall be and hereby are accepted as publÍc roads of¡er-t and ar¡ailable for uge by the p-ublic ae rıads. îñe aforementioñed parcels are noÈ hereby accepted into the County Ror,:d System, noi does the County h-ereb¡r accePt responsibíLity for mainÈenance, repair, or upkeeP of gal.d roads. DÀÍED this 19th- day of llovenber' 1990. ATTEST: fN WI:INESS Ii¡HEREOF, I have hereunto setthe seal of said County, at Glenwood SpringstA.D. 19 BOÀRD OF COITNTY COt{tüSSrO}rERS oF GARFTET,D COttNrY, COËORâ,DO rman Upon motion duly made and seconded the foregoÍng Resolution was adopted by the followLng votet üarian I- Smi Àye Arnold L. I{ackley Elmer lBuckevì Arbanev Aye Co¡mtigsioners srÀTE oF coLoRADo )) ss' COI'NTY OF GÀRT'IET,D ) Tt ltildred ÀIsdorf¡ County C1erk gnd ex-offÍcio Clerk of the Board of County Comissioners in and for the County 'and Stateaforesaid do hereby cert,ify that ühe annexed and foregoing Resolution i.s truly copied from the Records of the Proceedinga of the Board of County ConmissíonerÊ for said Garfield Countyr now in ny office. Aye my hand and affixedthie County Clerk and ex-offÍcio Clerk of the Board of County Commiseíonera i \: ùti)!( ?tÌ3 ruc¡fiÍ8 QUIT CLAIM DEED JACK R. SIIARP and AUBREY SHARP, of the County of Olassier, Slate of Monlana, for the consideration of Ten Dollars and other valuable consideration, in hand pairJ, hereby sell and. quirclaim to THE BoARD OF COMMISSIONERS OF GARFIELD COUNTY, COLORADO, whose address is 109 Eighth Street, Glenwood Springs, Colorado, 81601, the following real property in the County of Garfield, State of Colorado, to-wir: PARCEL I A strip of land in l-ots 11 and 12, Section 35, Township 7 South, Range 88 West of the 6th P.M., as â county road and for no other pulpose, described as follows: Beginning at a point whence the \Yitness Corner to the South euarter Corner of Section 35 trears S. 10"21'56" E. 1285.92 feet (also being the Northwest Corner of Reception No. 238094); fhence S. 80'00u E. 597.71' feet; thence S. 36"23'15" 8. 30,41 feet; thence S, 07o14'02' Vf. 897.48 feet to the Southeast Corner of Reception No. 238094, also being a point on the North line of County Road 100; thence S. 86o52'06' E. along ths North line of said County Road 50,11 feet to the Soutl¡west Corner ol Reception No. 2?1768; thence N. 07"14'02'F..927.71 feet along the \[est Iine of Reception No. 271768, Reccption No, 246940, Receptiuu l,k¡. 246941, Reception No. Z4l772; thence N. 32o03'W. 35.31 feet; thence N. 71'38'35, W. 38.1? feet to the Southeast Corner of Reception No. 238141; thence N. 80'00: W,747.51 feet to the Southwest Corner of Reception No. 238141, also being a point on the East line of Cottonwood Lane; thence N. 71"18'44n lV. 32.10 feet to the Southeast Corner of Reception No. 245319; thence N. 80o00' W. 16.61 feet; thence N. 89"24' \M. 107.88 fcet; thence S. 51o42'00" W. 39.88 feet to the Southwest Corner of Reception No. 245319; thence S. 51o42'W. 109.0 feet; thence S. '/4"29'30" \ry'. 79.62 fent; thence s. 72"00' vr. 50.0 fe€t to the southwest corner of Reception No. 251094; thence S. 72"A0' W. 31.78 feet to the tilest line of Lnt t l; thence S- 00o40'00" W. alorig the West line of I¡t 11,904.24 feet to ¡he North line of County Road 100; thence S. 86"02'59': E. 43.86 feet along rhe North line of county Road 100 to the sout!..west corner of Reception No. 238648; thence along the West line òT Reception No. 238648, N. 04,o20'21" E- 57.65 feet; thencç N. 00'01'44" E. 299.83 feet; tlrence N. 00"53'34,, E. 5lZ.Z5 feet to the Northwest cornbr of Reception No. 238648; ihence along the North line of Reception No. 238648 also being the South line of Daisy lane, N. 72o00' E. 48.88 feet; thence N.74'29'30" 8. 88.61 feet; thenceN. 51o42'E. 138.82 feet; thenceS. g9"24, E. 86.11 feet; thence S. 80o00' 8.186.77 feet to the point of beginning, also being the ìIortheast Corner of Receprion No. 238648; containing 3.346 acres, ¡nore or.less, Also known as the loop of Rose lane, Daisy L¿ne and lviltow Lane. PARCEI 2 A strþ of land situated in l¡ts 9 and 11, Section 35, Township 7 South, Range 88 rl/est of the 6th P.M., as a public road and for no other purpose, described as follows: Beginning at a point whence the South euarter Cor.ner of Section 35 bears S. 22'06' E. 1455.70 feet; thence N. 89o24' VÍ- 208.71 feet to the true point of beginning, being the Sourhwest Corner of Reception No. 726872; thónce N. 00o36' E. 13m.83 fcet along the West lines of Reception No. 2à6g7i, Reception No. 237403, Reception No. 246617, Reception No. 246937, Reception No. 240095, to tl¡e North line of t,ot 9; lhence N. 89"01'43', W. 28.45 feet to the Northwest Co¡ner of Lot 9; thence S, 00"40'00, ìff. along the Vlest line of Lots 9 and 11, 1,443.14 feet; thence N. 72"00' E. 31,78 feet to the Southwest Corner of Receptìbn i.{o. 251094; thence N,. 00"36'00' E. 130,0 feet to the true point of beginning; ci:ntaining 0.967 acres, niore or less. Also known as Rose Larù North extension. brrox ?Ð3 på0r619 PARCEL 3 A slrip of land situated in Lots 9 and ll, Section 35, Township 7 South, Range.88 West of the 6th P.M., as a public road and for no other purpose' desqibcd as follows: Beginning at a point whence the \Vitness Corner to the South Quarter Corner of Section 35 bears S. 11"09'39" E. 1584.91 feet (also being the Southwest Co¡ner of Reception llo. 239924); thence N. 00"3ó' E. 626.43 fee¡ (Deed : 626.13 feeÐ to the Northwest Corner of Reception No. 239924; thence N. 89o24' lv. 32.46 feet to the Northeast Corner of Reception No. 246617; tbence S. 00"36' W. 623.90 feet along the East lines of Reception No. 246617, Reception No. 241126, Reception No. 237405 to the Southeast Corner of Reception No. 2374û5; thence S. 09oll'20u W. 141.70 along the East line of Reception No. 245319; thence S. 23"43'53" lV. 78.28 feet to the Southeast Corner of Reception No. 245319, also being a point on the North line of Daisy Iane; thence S. 71"18'44" E. 32.10 feet to the Seuthwest Corner of Reception No. 238141; thence N. 23"43'53 8. 81.52 feet (Deed : 78-64 feæt) along the West line of Reception No. 238i41; thence N. 09oll'20u E. 146.20 feet to the Northwest Corncr qf R.eception No. 238141, also being tlie point of beginning; contairring 0.613 acres, more or less. Also known as Cottonwood l¿ne. : PARCEL4 A strip of land siluated in l¡ts 8 and 12, Section 35, Township 7 South, Range 88 West of the 6th P.M., as a public road and for no other purpose, described as follows: Bcginning at o point whencs tho South Quarter Cornsr of Section 35 bears S. 16"05'16' W. 1614.46 feet to the Sodthwest Corner of Reception No. 251463; thence N. 0û"36' .8. 491.94 I'eet along the West line of Recéption No. 251463, Reception No. 249170, Rece¡tion No. 249347 to the Northwest Corner of Reception No. 249347; thence S. 89"24' E- 333.473 feet; thence N, 00o36' B, 44.278 feet to the South line of Reception No. 243243i thence N. 89'24" W. alóng the South line of Reception No. 243243,30.00 feet; thence S. 00"36' W. along said South line 17,778 feeri thence N. 89'24' W. 333.ó9 feet to a point on the West line of Wjllow [ane, also being a point on the East line of Reception No. 239514; thence S. 00'36' ìy'. 526.13 fæ¡ to the Southeast Corner of Reception No. 239514; thence S. A7"74'02" W.341.24 feet to the Southeast Cornär of Reception No. 238141; thence S, 71o38'35u E. 38.17 feet to a point on the West line of Reception No. 241772 and the East line of r#illow Lane; thènce N. 05"58'17" E. (Deed = N. 06"06100" E,) 282.05 feet to the Northwest' Corner of Reception No. 241772; thence N. 05'58'17" E. 73.60 feet; thence N, 00"36'00' E. 4.2A feet to the true point of beginning; containing 0,845 acres, rnore o! lesS. Also known as Willou'I¿ne North Extension, PARCEL 5: A strip of land situated inlnt 12, Section 35, Township 7 South, Rauge 88 Tfest of the 6th P.M., as a public road and for no other purpose, described as follows: Beginning âl a point whence rhe \Vitness Corner to the Soulh Quarter Corner of said Section 35 bears S. 16'05'16' V{. 1614.46 feet (also being the Southwest Corr:er of Reception No. 251463); thence S. 72o l4;g0n E. 298.79 feet; tl¡ense N. 77"37' E. 19.75 feet; thence N. 26'A8'Z6u E. 80.20 feet thence N, 37"22'18' E. 67.28 feet to the Northeast Comer of Reception No. 251463; thence S. 19'48'29' 8.34.34 feet to the Southwest Corner of Reception No. 258715, also being the Norlhwest Corner of Ræeption No. 2467161thence S. 37o22'lï W. 44.64 feet; thence S. 26'08'26' 'W. 91.80 feet; thence S. 10"55' E. l.5C fcet to theSouthwest Cornerof Reception No. 246716; thenccS, 73'13'58" W. 41.93 feet to the Northwest Corner of Reception No. 280976; thence S. 05'10'34" \ry. 6.99 feet to the Northeasl Corner of Reception No. 2417'12; thence N. 72'14' W . with all its appurtenances. Signd this /Z_day of STATE OF MONTANA couNTY oF a¿-'qa-'â¿e--' -rThg tb2egoing quit clai f/.-.'¿:.t'P â € f BfJír!(?83 ptcr6ÐO i990. R. Sharp as for ubrey Sharp was acknowledged before rne this / Z &ay ot 990, by Jack Shar,o for himself and asãtc,rney-in-fact along the Northerly line of Reception No.241772,254.23 feet (Deed -* 250.75 f'eet); thence S. 65"09' W. along said Northerly line 54.21 feet to the Northwest Corner of Reception No. 241772, also being a point on the East line of Willow I-ane; thence N. 05"58'17' 8.73.60 feet; thence N. 00o36'00" E. 4.20 feet to the true point of beginning; containing 0,409 acres, more or less. R ) ) ) ss. m tleed ,l for Aubrey Sharp. WITNESS rny hand and official seal My commission expires: O* V -7 z'- ã Public F,ËC0R DED Af q e ÊËc # 4189'79 o,cLocrÅ -n. N¡¡v z0 lggo. MILDRED ALSDORFT COUNTY CLERK GÁRFIEt.D C0UNTY¡ CCL0RAD0 silût ?93 Pirt631 STÀTE OF COI,OR.ADO COI'NtrY 03' GARFIELD there rilere present s s6,) ) ) , it/\ ùl'Àt a regular - neeting of the Board of County CommissÍonffiunty, Colgcado, hqld at the Courthouge in Glenwood spriãgã àn lronday, rnä ßLaay-otúov¡an!#5, À-D., L990, llarianJ. Snith , Conunissioner Chairman Àrnqld L,. Irlacklev , Cornmissioner E_lmer (Ruckèv) Afbaqey , ComiasÍoner ootr K. Deford , County Àttorney lf-ildred â-lsdQ::f , - - " Clerk to the Board when the following ProceedLngstto-wit: arriong others were had and done, RESOLUIIOT{ ¡¡O. 90-__gS¿_ RESOT,UTION ÀCCEPTTNG îHE LOOP OF ROSE rlAllE. DAISY rJlNE, Àl{D IITLLOW I,AI¡E AS COT'NITY ROADS AI{D IIICORPORÀTING SAID IJOOP INTO THE COUNTT ROAD SYSTBII .F! I{IIEREAS¡ Èhe Board of County CoÍ¡ttÍssicrners of GarfÍeld County, Colorado, ie entitled to accept rights-of,-wayr aa public roadc andincorporate said roads into the County Road System, pursuant tothe provisions of Section 43-2-24L, et aê9,, and Section 43-2-101, et, seg., C.R.S., as amended; and ?ûllEREÀS, the County has received a Quit-Clal¡¡ Deed from ilackR. Sharp and Aubrey Sharp proposÍng to dedicate and transfer to GarfÍeld County, Colorado, a portion of land krrown the Loop of Rose Lane, Daisy Lane and lfi-lIow Lane; and IÍIIEREAS, resÍdents in the vicÍnity of said roads have agked that. the County accept said dedication, incorporate eaid road intothe County Road Systen and perfo¡m maintenance on said road. NOtl, ÍçIEREFORE, BE I1I RESOLVED, by the Eoard of County Commissioners of Garfield County'. ae follows: 1. The Board of County Comlissioners hereby accepts thededication of a public right-of-way known as the T.oop of Rose Lans¡ Daisy Lane and Ìùillow Lane, and as degcribed Ln the copy of the Quit-Claim Deed attached hereto aF ExhibiÈ À at Parcel L in gaid Quit,-CLai¡n Deed and hereby orders that said road be incorporated into Èhe County Highway Systen and that Èhe Road and Briulge Supervisor include said road as descrÍbed at Parcei I in Exhibil.t A attached hereto on the official nap of the County Highway Systeni pursuant to the provisions of Section 43-2-101, C.R.S., as amended. Drror ?AA prcr6,?2 DÀTED thís 19rh day of November, 1990. .A*ÍEST: BOÀRD OF COITNTY COI'!!,ilSSIOI¡.ERS oF GARI.IELD COUilry, COT,OR¡|ÐO to waa E I merr I Fhrclcar¡ I Àrtraner¡Àye Commissioners STÀTE OF COI,ORÀDO CCITINTY OF GARFIET,D f f I'fildred Alsdorf , County CLerk and ex-officio Clerk of theBoard of County CoÍunÍss5.oners Ín and for the County and StateaforesaÍd do heTeby c-er!1_fy that' the . annexed anã foregoingResolution is truly copied fforu, the Record,s of the proc"ãAiãı;-öË the Board of County Cornmissionera for said Garfíel-d County, nıw inmy office. U.pon Toliori duly_ made and seconded the foregoing Reeol.utionadopted by the following voteg llarLan I. Snith. Aye Àrnol.d I¡. Maeklev Àye IN WITNAËS Y{IIEREOF, I have hereunto ıetÈhe seal of said CoúnËy, at Glenwood Springs, my hand and affíxedthf,s day ofA.D. 19 County CLerk and ex-officÍo Clerk ofthe Board of County Commissioners ) ) ) ss. û{rr)('7Í1,3 r,lclfì1?3 rACK R. .tn,l ono ^tr,:iïl::,::.,,'ry or Grassier, state or Montana, for the consideration of Ten Dolla¡s ancl other vair¡able consi<leration, in hand paid, hereby sell and quitclairn ro ']'Htj lloAltlJ ÜI. COMMISSIONERS OF GARFIELD COUNTY, COLORAITO, whose addrcss is 109 Bighth Street, Glenwood Spiings, Colorado, 81601, the following reai properly in tlte Courtty of Carñeld, State of Colorado, to-wit: PARCEL I A strip oÉ land in Lots I I and 12, Section 35, Townsbip 7 South, Range 88 West of the 6t[ P.M., as a counly ¡oad arld lor no other pllrpose' ¡lescribcd as lollorvs: Beginning at a point rvhcnce the tüitness Corner to the South Quaner Corncr of Section 35 t¡ears S. 10o2l'56" E. 1285.92 feet (aìso being the Northivest Cor¡rer of Receplion No. 238094); thence S. 80o00" E. 597.71' feet; thcnce S. 36'23'15" E. 30-41 feet; therlce S. 07'i4'02" W. 897.'18 feet to the Souiheasl Co¡uer of Reception No. 238094, also being a point on the North line of County Road 100; thence S. 86"52'06" E. along the North line of said County Road -50.11 feet to tl¡e Southwest Corner of Reception No. 271768; thence N' Q7"!4'A2" 8.927.71 feet along the West line of Reception No.271768, Reception No. 246940, Reception No. 24694i, Ileception Na. 241772; thence N. 32"A3''W. 3-5,31 feet; thence N. 71":18'35" W. 38't7 leet to the Southeast Coriier ol Reception No. 238141; thence N, 80'00' W" 747.51 feet to the Soutlrwest Corner ol Receplion No. 238141, also being a point on the East line of Cottonwood Lane; thence N. ? I'18'44' W. 32.l0 feet to the Southeast Corner of Reception No. 245319; thcnce N, 80"00' W. 16.61 feot; tlience N. 89"24' W. 107.88 feet; thence S. 57"42'00' W. 39.88 feet to lhe Soutltwest Corner of Reception No. 245319; thence S. 5lo4)'V/. 109.0 feet; thence S. 74'29'30" W. 19.67 îeet; thence S. 72"00' W. 50.0 feel to the Southwest Corner of Reception No.251094; thence S. '12"Q0'W.31-78 fe¿t to the West lineof l-ot l1; thence S, û0'40'00. W. along theWestlineof lnt 11,904.24 feetto theNorthlineof County Roacl 100; thence S. 86o02'59" E. 43.86 feet along thc North line of County Road i00 to llie Southwest Corner of Reception No. 238648; tltence along the West iir'¡e ol Reception No. 238648, N. 04"20'21" E. 57.65 feet; thence N. 00'01'44' E. 299.83 feet; thence N. 00'53'34' E. 512,25 leet to the Northrvest Corner of Reception No. 238648; thence along ihe North line of Receptiort No' 238648 also being the South line ol Daisy Lane, N. 72"00' B. 48.88 feel; thence N.74"29'30" E. 88.61 feet; thenceN.51"42'E. 138.82 leet; thenceS.89"24' E. 86.11 feel; thence S. 80'00' E. 186.77 feet to the point of beginning, also being the Northeasl Corner of Reception No. 238648; containing 3.346 acles, ¡nore oi less. Also l<nown as the loop of Rose Lane, Daisy Lane and Willow Lane. PAP.CEL 2 A slrip of land siluated in L¿ts 9 and 11, Seclion 35,.'lbwnship 7 Sotrtlt, Rartge 88 West ol the 6th P.M., as a public road and for no other pu.pose, described as follows: Beginr':irrg al a point whence the South Qtrarter Cor¡ler of Section 35 bears S. 22"06' E. 1455.7A feet; thence N. 89'24'W, 208,71 feet to the true point of treginning, beiug the Southwest Corne¡ o[ Reception No' 226872; therrce N. 00"36' E. 1302.83 feet along the V{est lines of Reception No. 22ó872, Reception No. 23?403, Reception No. 246ó17, Reception No. 246937, Receptiort No. 240095, to the North line of t.ot 9; tlience N. 89'01'43" W. 28.45 feet to tl¡e Nolthwest Corner of Lot 9; thence S. 00"40'00" W. along the West line ol Lots 9 and 11, t,443.14 fecti tlrenceN. 72"00'E, 31.78 feet to tlìeSot¡thwest Cortier of lìeception No. 25 1094; lhence N. 00"36'00" E. 130.0 feet to the true point of beginning; containing 0.967 acrcs, more or less. ,¡\lso knorvn as lìose Lane North ex{cnsion. rlrrrr( 793 ¡lnr6.?4 PARCEL 3 A strip of land situated in L,ots 9 and 11, Section 35, Torynship 7 South, Range 88 West of the 6th P.M., as a public road and for no other purpose, described as fsllows: Beginning at a poirit whence the \ilitness Corne¡ to the South Quarter Cornsr of Seotion 35 be¡rrs S. llo09'39' E. 1584.91 fcct (also being the Souihwest Côrner of Reception No. 239924); thence N. 00"36' E. 626.43 feet (Deed'+ 626. i3 fcet) to the Northwest Corner of Reception No. 23gg24; lhence N. 89"24'W.32.46 feet to the Northeast Corner of Reception No, 246617; thence S. 00e3ó' W. 623.90 feet along the East lines of Reception No. 246617-, Receptíon No. 241126, Reception No. 237405 to the Southeast Corner of Reception No. 237405; thence S. 09'il'20" rW. 141.70 along the East line of Reception No. 245319; thence S. 23o43'53" V{. 78.28 feet to the Southeast Corner of Reçeption No. 245319, also being à point on the North line of Daisy lane; thence S. 71"18'44i' E. 32.10 feet to the Southwest Comer of Reception No. 238141; thence N. 23'+3'53" E. 81.52 feet (Deed = 78.64 feei) along the'West line of Reception No. 238141; thence N. 09òll'20" E. 146.20 feet tı tne Northwest Corner of'Reception No. 238141, also being the point of beginning; côntaining 0.613 acres, more or less. Also known as Cottonlvood Lane-. PARCEL 4 A strip of land situated in l¡ts 8 and 12, Seclion 35; Tov;nship 7 South, Range 88 Vy'est of thç 6th P.M., as a çiublic road and for no other purpose, described as folli¡ws: Beginning at a point wlrence dhe South Quqrier Cóiner of Section 35 bears S. 16o05'I6" W, 1614.46 feet to the Southwest Corner of Receprion No. 251463; thence N. 00'36' E. 491.94 feøt along thÞ West linc of Reception No; 251463, Receptibn No. 249170, Reception No. 249347 to rhe Norrhwest Corner of Reception No. 24934T; thence S. 89"24' B^ 333.473 [æt; the{¡ce N. 00.36' E. 44.278 feet to the Soûth line of Reception No. 243243; thence N. 89'24' W. along the Souih line of Reception No. Vt3243,30.00 feet; thenèe S- 00"36'.W. along said South line l7 .778 fæt; thence N- 89o24' lV, 333,69 feet to a point on thç tilest line of Willow lane, also boing a point on the East liné of Reception No. 239514; thenee S. 00"36' W, 526.13 fee¡ to the Southeast Corner of Reception No. 239514; 'thence 5- 07"J4;02, \ry. 341.24 feet to lhe Southeast Corner of Reception No. 238L41; thence.S. 71o38'35" E 38.17 feet to à point on the Vy'est line of Reception No. 241772 and the Fast line of Willow lane; thence N. 05'58'17" E. @eed = N. 06'06'001 E.) 282.05 feet to the Nörthwest Corner of Reception No.241772; rhence N. 05o58'17" E. 73.60 feet; thence N. 00o36'00' E. 4.20 feet to,the true point of beginningj containing 0.845 acres, more or less. .Also know'¡ as Willorv l:ne North Extension. ..bi, PgRCEr.,5: A strþ of land s¡tuated in Lot 12, Section 35, Township 7 South, Range 88 TVest of the 6th P.M., as a public road and for no other purpose, described as follows: Beginning at a point whence the rtritness Coriler to the South euarter Corner of said Sectíon 35 bears S. 16"05'16' W. 1614,46 feet (also being the Southwest CornerofReception No. 251463); thence S. 72"l4'OO, E, 298.?9Ìeet; thence N. 77e37' B. 19.t5 feet; thence N.'26o}8)26tt E. 80.20 feet; thence N. '';t"22'78" E. 67.28 feet to the Northeâst Corner of Reception No. 251463; thence S. 19"48'29' B.34.34 feet to rhe Southwesi Corner ôi Receprion No. is8ltS, also being the Northwest Corner of Ræeprion No. 246716l thlnce S. 37"22,1g';. lV. 44.64 feet; tlrcnce S. 26'08'26u V/. 91,80 feet; thence S. 10"55' E. 1.50 feet to the Southwest Comer of Recept¡on No. 246716; thence S.73o13'58, W, 41.93 fcet to the Norfhwest Corner of Reccption No. 28Ag76; tlænce S. 05"10,34" Vf. 6.99 fcet to the Northeast Corner of Re.eption No. 24L77Zi thence N. 72"14, W, with all its appurtenances. Signed this / 7 day of STATE OF MONTAI.IA COUN'IY O;P C¿øo'o--&--"'- -- T'he foregoing 11./, l<'f quit claim deed for Aubrey Sharp. WITNESS my hand and off,rcial seal My cornmission exPires: f -7 -V a- ßlrll( '7fJ3 ptc[6;?s a*1990 R- Sha R. Sharp as fact for ubrey Sharp was acknowledged before me this l'71¡y of 1990, by Jack Sharp for himself and as attorney-iri-fact along tlre Northerly line of Reception No.241772,2,54.23 feet (Deed : 250.75 feet); thence S. 65o09' V/. along said Northerly line 54.2.1feet to the Northwest Corner of Reception No. 241772, also being a point on the Fast line of Willow I-anc; thcnce N. 05"58'17. E. 73.60 feet; thence N. 00"36'00 8. 4.20 feet to the true point of beginning; containing 0.409 acres, more or less. ) ) ) ss. '\.-\-<. Ñot¿fy Public I ^avl COLORADO Division of Water Resources Department of Nahirâl Resources Permit No.48637 Rec No. 09114139 MEMORANDUM Date: To: From Re: July 7,2017 Patrick Waller, Senior Planner, Garfield County Community Development Department Megan Sullivan, Water Resource Engineer Hanlon Accessory Dwelling Unit; GAPA-O5-1 7-8548 We have reviewed the proposal to obtain approvalfor an existing structure to be used as an Accessory Dwelling Unit (ADU) on a parcel of approximately 3.4 acres in size, located in part of Section g-5 in fowñship 7 South, Range 88West of the 6th P.M., al2Tl Willow Lane, Carbondale (parcel no. 2393-354-00-039). The property currently has an existing single family residence, a non-conforming home (proposed ADU), access road and utilities in place. The applicant does not propose to create a new lot or change the size of the existing lot. The cunenl water supply to the lot is provided by a well, currently permitted under Permit No. 48637, which the applicant has indicated is shared between the single family dwelling and the ADU. The application also indicates an existing individual septic system serves the existing single family dwelling and ADU. According to our records, Well Permit No. 48637 was issued on September 8, 1971, to construct a new well located in the NW1/4 of the SE1/4 of Section 35, Twp. 7 South, Rng. 88 West of the 6th P.M. The use of groundwater from the well was approved for domestic purposes. The pumping rate of this well shall not exceed 15 gpm. Per our records, the well was constructed and first put to use in 1971, and the current permit is valid. The applicant's land use change request indicates that the well currently serves a single family residence and ADU. The ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. From the information provided in the referral, the proposed ADU structure was constructed in 1971 and the single family residence in or prior to 1981 . Based on this, it appears the owner of the property at that time, intended to have both structures utilize the well prior to the stream system becoming over-appropriated. Since the well permit only indicates domestic use and does not specify the number of homes, this office considers the uses in place prior to the stream system becoming over-appropriated to be the allowed uses under the well permit. Therefore, as long as the uses of the well do not exceed those allowed under the permit, this office has no objection to the well also serving both the single family residence and the ADU. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water'state.co.us Patrick Waller From: Sent: To: Cc: Subject: Karl J, Hanlon < kjh@mountainlawfirm.com > Wednesday, July 05, 2017 10:34 AM Patrick Waller Sheryl Bower RE: Water Quality Test Patrick: I am copying Sheryl on this email as I think you said you were going on vacation. I need to apologize for not gett¡ng to it sooner but on Friday my father in-law passed away unexpectedly and I had to head to Pennsylvania for the last several days. I am not sure if this is too late but lthought I would provide it in any case. You had asked that I describe in writing how Willow Lane has been managed starting at the publicly dedicated, privately maintained sect¡on which was dedicated and accepted via plat in 1992. I have owned our property since 2012 and the custom on the street ¡s that we all come together to provide whatever maintenance is needed. By way of example last summer the road needed to be regraded and so one neighbor got estimates, requested that we all contribute and the work was done. Similarly in 2OL2 a culvert needed replaced, a neighbor got estimates, we all contributed and the work got done. As a result having a formal agreement is both unnecessary and would require the entire neighborhood agreeing and changing how we have always worked together. I do not think that it would be possible to get everyone to sign off on a formal written agreement for road maintenance. Snow plowing is handled in a similar fashion with all of us pitching in as needed. From your site visit you will also have noted that the road is straight with good sight lines as well as plenty of places to allow two vehicles to pass each other. Traffic is minimal and since we are not adding a new use it seems that requiring a waiver, or road improvements are unnecessary. Hopefully the above helps clarify how Willow Lane has worked and continues to work as a public right of way. I would also note that to the best of my knowledge all of the current homes and uses existed at the time the BOCC accepted the road dedication in 1992. Thanks. Karp-Neu.Hanlgn; Korl J. Honlon 20I l4th Street, Suite 2OO, P.O. Drower 2030, Glenwood Springs, CO 8': ó02 T'970,945.2261 x ll4fF: 970.945.733ó www.mountainlawfirm.com This transmission may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. lf you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. lf you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format, From: Patrick Waller Imailto:pwaller@garfield-county.com] Sent: Thursday, June 29,2OL7 10:38 AM To: Karl J. Hanlon <kjh@mountainlawfirm.com> Subject: Water Quality Test Hi Karl, Thanks for meeting with me this morning. The Code Section that addresses water quality test¡ng is Section 4- 203(MXIXbXSXc). Here is the link to the land-use code Article 4. As another follow-up, please send over the certified mailing receipts and the Public Hearing Notice lnformation Form, when convenient. Let me know if you have any questions moving forward, Patr¡ck waller Senior Planner Garfield County Community Development Department LO8 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 94s-1377 ext. 1580 pwa I le r@ga rfield-cou ntv.com http ://www.ga rfield-countv.com/co mm u nitv-developme nt/ 2