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Home My WebLink About1.01 Supplemental App InfoWood Small Contractor's Storage Yard - GAPA-04-18-8636 Amêndment to Wood Contractor's Storage Yard Land Use Cfrange Perrnit Appliuation 1. Updated list of property owners - included from Garfield County website. attached. 2..The application rnentions that an adu exists onsite. I have included'a capy of a letter from a previous renter and owner which states the adu/apartment was existing prior to 1972. This letter provides documentation that the adu which consists of the two rooms attached to the East side of the cabin were existing on the log cabin prior to 1972. The additional dwelling unit was built prior to Garfield county permit requirements. see additional attachment. 3. Schedule B of the Title commitment. included attachment 4. Updated Site Plan -showing boundary of proposed Contractor's Yard, associated infrastructure (propane filling location), proposed screening, and the proposed building. lnclude specific setbacks we are providing. included 5. Vicinity Map - 3 mile Vicinity Map included attachment 6. Waiver requests for the lmprovement Agreement and the Development Agreement Submittal requirements, as it does not appear these are required for this application. J. Development Agreement: The Wood's Small Contractor's Storage Yard at 16695 Highway 82 Carbondale, CO 81623; due to the size of this project.it will not need a Development Agreement. K. lmprovements Agreement: The Wood's Small Contractor's Storage Yard at 16695 Highway 82 Carbondale, CO 81623 will not need an lmprovements Agreement due to the size of the proiect. There are no public improvements and this is not a subdivision. 7. Specific Screening Plan Statement - There are existing berms surrounding much of the property; these berms will provide screening of the Small Contractor's Storage Yard from neighboring properties. Berms are located along the North and West side of the area of the proposed Small Contractor's Storage Yard^ We wíll instafl a 6' fence along the Southern property line thus providing screening of the Storage Yard. B. Waiver from lndustrial Standards: Provide specific distances required and the distance we propose, how much of a waiver is being requested. We are asking for a waiver of 75 feet from the standard requirements of 100 ft from an adjacent residential property line. We intend to place the Small Contractor's Storage Yard 25 feet inside our property line; therefore it will be 25 feet from the adjacent residential property line. lndustrial Use: These stândards shall apply to all industr¡al uses: The proposed Small Contractor's Storage Yard adheres to all standards except the Setback requirements. 1of4 A. Residential Subdivision - The proposed Small Contractor's Storage Yard is not in a platted residential Subdivision, therefore no waiver is needed B. Setbacks - All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential property line, unless the use is on an industrially zoned property. The storage yard will be 25 feet to the adjacent residential property line, fortunately that property line contains the corridor for the driveway of neighboring properties. The driveway corridor runs between 30 and 20 feet wide along the west side of the property and it runs about 45 feet wide along the south side of the property. We are requesting a waiver oT 50 feet which would allow us to have the storage yard on the east side of the property within 25 feet from the property line. The storage yard will be within 25 feet from the driveway corridor of parcel # 239132201001 located at 16615 Highway 82, Carbondale, CO 81623. The propane tank will be 100 feet from any neighboring residential property. 9. Propane Filling location - The propane tank will adhere to the standards and will be at least 100 feet from all adjacent residential property lines. Licensing is not required as fuel is not being dispensed tor retail and the dispenser is located on private property. Propane refueling is subject to the rules of the National Fire Protection Agency (NFPA). Per the 2A17 NFPA manual ruleT.2.1.4; a FAA certificated balloon pilot meets the qualification requirements of section 4.4tor container filling. A crew member for the pilot that has been trained for container filling and carries card documenting that training also meets the qualification requirements. The acceptability of a hot air balloon container for filling can be verified by finding the container in the flight log for that aircraft. 10. Water and Wastewater: The application identified that the facility will be unmanned, and also as part of plans for the ultimate build-out, that a bathroom would be put in the building. lf a bathroom is proposed in the building, a demonstration of adequate, physical, and legalwater and wastewater is required. Water for the bathroom in the shop building will be provided by an existing, permitted, domestic well. This well, bearing permit number 266499 (attached), is of approvalwe will conduct a 4-hour pump test and a water quality test on the well. The bathroom in the proposed accessory building meets all of the criteria in Colorado Divisíon of Water Resources Guideline 2016-1 for Auxíliary Living Spaces as well as the allowed commercial activity outlined in Policy 2011-3. lVastewater for the bathroom will be handled by an existing septic system that was permitted and installed in 2009, permit number 4545 (attached). This existing ows consists of a 1000 gallon, two compartment, concrete tank, suitable for a 3 bedroom house. Currently, it is serving a zero bedroom, one bathroom studio above the garage, so it has adequate excess capacity for the added bathroom. 11. lmpact Analysis: Please respond to each individual section in the impact analysis (Section 4-203 (c)) 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500 foot radius. The immediate adjacent properties are rural residential in nature. About 500 feet West is the Waldorf School and and the other side 2ol 4 of that is the new development of polo fields with a few homes. Farther east CIf the property are more rural residential properties. Across highway 82, North of the property are rural residential properties with multiple uses of storage and multiple dwellings. South ôf the property are several rural residential lots with multiple ponds and then the roaring fork river. 2. Site Features. This property has multiple trees, pine and cottonwood with a variety of fruit trees and lilac bushes, within the property and a small ditch that runs in from the southeast side of the property and travels approximately 165 feet to the East most driveway entrance where it disappears into a culvert. There is also a gravel driveway that enters the property on the north side of the property, this driveway travels to the log cabin and circles around several lilac bushes bringing the driveway back around to make a loop. The driveway extends across the property to the 3 car garage and continues up to another driveway which exits the property on the northwestern side of the property. The proposed storage yard is adjacent to this northwest driveway, thus allowing ease of entrance and exit for Above lt All Balloon Co vehicles. 3. Soil Characteristics. The property consists of graveled areas and various grass and native vegetation along with multiple rocks. The soil is porous and allows proper permeation of water to the various vegetation. 4. Geology and Hazard. The property is located within the Roaring Fork Valley corridor which contains the river and mountains surrounding the area. The proposed area for the storage yard contains no Geology hazards. 5. Groundwater and Aquifer Recharge Areas. The one low point on the property, where some water flows, has a dry well that is set up to allow proper drainage to avoid any flooding or excessive pooling of water. The rest of the property has a higher proximity to the surrounding area which encourages the water to flow away from the property thus preventing any potential flooding. 6. Environmental lmpacts. a.b.c&d. a. The proposed Contractor's Storage Yard will not have any environmental impacts to the property that would adversely atfect any current or future vegetation on the property. b. The proposed Contractor's Storage Yard will not influence the wildlife that live and travel through the property. This is one of the reasons why we have chosen to use berms for screening most of the storage yard. c. The storage yard will not create any hazardous attractions, any alterations to existing native vegetation will not disrupt or block migration routes or use routes. d. No potential radiation hazards have been identified by state or county health officials; nor do we expect such hazards tCI form with the proposed Small Contractor's Storage Yard. 7. Nuisance. The storage yard will not produce any vapor, dust, smoke, glare or vibration, or other emanations. B. Hours of Operation. The Small Contractor's Storage Yard will be open from 7am to 7pm, much like any other contractor's yard. 12. Grading and Drainage: Soil information and topo map provided by county. 33 3oÍ 4 13. Land Use Development Code 7-107 - Provide a statement detailing whether or not the access, from the Stätê Highway to the Contractor's Yard meets Table 7-107 ot the Land Use and Development Code. Access to the Contractor's Storage Yard will be provided by a driveway that exceeds the requirements in Table 7-107. cDoT has dictated the driveway access from Highway g2 to be 25 feet wide and paved for 20 feet. The remaining driveway to the storage yard will be about 40 more feet before flowing into the storage yard; driveway and étorage yard will be gravel. There is a driveway that is already existing to the proposed small storage yard. All driveways will be superior to the Primitive/Driveway, Semi Primitive or RuralAccess roadway standards in table 7-1Q7 of the Land Use and Development Code. 4ol4 1. Updated list of property owners - included from Garfield County website. attached Garfield County Land Explorer Pärd Ptydcsl Addru OwrË Äsrt Nun MdlllrAddnæ 239129ææ82 239732200006 239132200008 239L322æOs7 2397322ffiÆ 23913220æ47 239!32200048 239L322ALæ7 239ß22AilOO2 1ó70482 HWY CARBONDALË 1óó9s 82 HWY CA.RBONDALE Notavailable CARBONDALE Not available CARBONDALE 7670282HvvY CARBONDALE 1óó1382 HWY CARBONDALE 1óó1182 HWY CARBONDALE 1óó15 82 HWY CARBÖNDALE Notavailable CARBONDALE Not available null CHRISTIAN, EVAN RUSSELL WOOD, BRUCË L& PAMELAA HIRE, PHYLLIS F, TRUST U/431311988 STAÎE OF COLORADO DEPARTMENT OF HIGHWAYS VOGELMAN, KURT E REVOCABLETRUST SCHUTTER,NANCY MOORE, DIANA G REVOCABLE TRUST DTD O5l24l05 HIRE PHYLLISFTRUSTEE LADA2OO5 COMMUNIW PROPERTY TRUST U/A/D 1U3Ol05, MULKET DAVDAE LAURAA R0110ó2 ROtt477 R011029 R111481 R111524 R112080 R112081 RT72LL2 R112113 1O1 S MITT STREETASPEN, CO 81ó11 85 PARKSIDE LANE CARBONDALE, CO 81ó23 ó19 LINDASTREEI SUIIE 2OO ROCKY RIVER, OH447!6 4201 E ARKANSAS AVENUE DENVER, CO80222-3406 PO BOX 80ó EDWARDS, CO 81ó32-080ó 1óó13 HWY82 CARBONDALE CO 81ó23-9s50 16ó11 HWY82 CARBONDALE, CO 81623 ó19 LINDA STREET SUITE 2OO ROCKY RIVER, OH 441!6 2860 AUGUSTA DRIVE LAS VEGAS, NV89109 ROW #*rfie/ld torunry12t2112017C'arfi' runtylandÊxplorer{å;¿r'i*i¿:Ìi*1;iunt:,/í.1æi*¡ixr.Ì+:rii+:r.*,åil'lpilr,r'*,'"E0.âTËãwrffiãffisärssîãä€€*ãæglMâffi4feil :l '-ÞÌ 1,rgo,g*UUt:r"ï,.rij fiäåsræ{fi*sstPrintaf;&1H{#8rl,¡!,,. ,ii¡ii!rilJ¡.:I]ti'lf ;i'1ii:r,j iiii2Tx¿ai*3IÁ.¿!Iii::i, ,l:l,, i ,' r ".t i t.,.rt,. t:,."..,t.ll,${:ìt44â:'riixIt*r*. .""..,r"".".",, *,* *_,, .,;l'1.'f&årßfrûsffi3;i ji,: { .."ú} i!t44,Jås*f*ãå$üffi.?ss#t*ffi*ü*s3\1itiI1!IItiÌIÌ':lr I l*,?iirrr,þirþi i:.; r!), ¡å3t¡f ll LÉF.i¡r{.$1å¡i4j{IIsè1,II{¡gs**æãffiðåffiâå'Btffi*û8&,&¡,i{;iIi{IiIliáts3*rffi5û&ffi*,,¡'i""'+http://gis.garfreld-county.oor/l,andExplorer/index.htmlþarcelid=239t3220ffÆ6llL 2. The application mentions that an adu exists onsite. I have included a copy of a letter from a previous renter and owner which states the adu/apartment was existing prior to 1972. This letter provides documentation that the adu which consists of the two rooms attached to the East side of the cabin were existing on the log cabin prior to 1972. The additional dwelling unit was built prior to Garfield county permit requirements. see additional attachment. ì .7-za .f f Ta /.e4.t sU&, rV doa)*a{h,.![ , % *J4*-u ães.tatèl ptJ .aá, éç2.+¿e ¿\€s¿ry¿**r- ,(-"u'7 r¿e>tt€?t/W) N€, BEf¿f i âsataTg _g"4-eâær._tî /{ZçN'reÐ ,+ /,.CI4 (¿8 iÐ e,u ,4¡ ¿¿*/gZ. F¿erl ,4az ty /ërÊ*t¿/¿ / ø'úñ€f¿ M EeS ût€-Z-(. ,/./1)"æ^) rrle-k¿ €Ð ¿ U€ , t3æ'î ,ágntT€3 ,P,,&*,vr{lrL) 7' ,au*n reþ s.çt¿é ë*rr T7H€&a¿il ,Ffto,rl /?7å , 4Ð, Ð€J,4 Ê,¿*r sr Ên¿f L,Õ ,'fltáv r 9ço iÞ..- Ë,'' Å' ¿'l-v -;)caå O¡/ c>< {vyùrut î" t746 NØq ,tú,lta , (6J g /,/ /t sß0i2018Accounû R011477 ResÍdential. Aüribúðs. A!9ågPl'opoÍy Cod!SINGI.,EFA.I\4RES.TMPROVEI\,ITS IOOUnitsIEco¡ AreaA¡ch stylel.STORYIIeati¡g FuelGAS HOTWÁtrERFnrm Storie.sWOOÐFRAME 1BathræÉs FixtuIes0.7s 3Ulits B€dmru10Building Tlpe Ac'tml Year BuiltSFR 1Ð7Ræf Cover Ræf StrwtrePROPANEL GABIEHeatingTypê AirconditioûiûgRoó61InttrlorWsll Pmúâg.DRYWAIL 1OOFlerIIARDWOODIENGINEERED IIARDWOOÞ 1OOExtedor \ü¡ll PælrtrgÈWD SIDING IOOBuildiüg NüûberCh¿fæteristics&üacfil-zChåråct r_3Gæge Bays4Pæeú¡gcAccountLll 5ßAD0ßAccount lll0ll47 7 ResidentÍal¡ Attribües. A$ågP¡optrty CodrSINGIÆ. FAÀ,Í.RES-IMPROVEIViTS 100.0Units2Eco¡Are¿ BuildingTlpe AcünlYcarBuilt1 SFR 1955ArchstylÊ Roofcover RmfstructureI-STORY PROPANEL GABLEHeatìngFuel HeatingTipe AircolditioníûgGAS FORCEDAIR NONEFmms StoriæWOODFRAME 1B¿tåræm Firtures RoomsUnits10Bedroons4Intcrlor IV¡ll Pertcúsge:2.5aDRYWAÌI- 75.0AVGPANEL 25,0FlmrITARDWOOÐ/ENGINEERED I{ARDWOOD 35ITARDTIL.E 5SIIT VINIL 20CARPET 4OExtarlorWdl PæenfrgeLOG 100.0Building NumberChff¿cteristicsC\aracþr]2Character-3cægeBays4pmgrltls!Accountyt 3. Schedule B of the Title commitment. included attachment Commitment No. 0600997-C Schedule B-I Requirements CoMilIITITENT FOR TITLE INSURANCE Scunnur-rB-SEcrIoNI REQUIREI'ÍENTS THE FOLLOWING ARE TFIE REQUIREMENTS TO BE COMPLIED 'WITH: Item (a) Payment to or for the account ofthc grantors or mortgagors ofthe full consideration for the estate or interest to be insured. Itern (b) Proper instrument(s) creating the estate or interest to be insured must be exccuted and duly filed for record, to wit: I . Statement of authority for Ernest Minney Trust dated February 22,2A08, a - trust, evidencing the existence ofsaid trust and the authority ofone or more trustees to act on behalfofsaicl trust and otherwise complying with C.R.S. 38-30-108.5, et. seq. NOTE; Review Trust Agreement for authority of party(ies) to act on behalf of said trust and complete the transaction contemplated herein. ¡{ 2. Deed from George Emest Minney Il, as Trustee of the Ernest Minney Trust.dated February 22,2008 to Bruce L. Wood and Pamela A. Wood. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentionecl above, pursuant to Article l4 of House Bill No. 1288- cRA 39-14-102. 3. Deed of Trust from Bruce L. Wood and Pamela A. Wood to the Public Trustee of Garfield County for the use of A Lender To Be Determined, to secure $723,000'00. The Ownçr's Policy, when issued, will not contain Exceptions No. 1,2,3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves an ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $75.00 are paid to the Company or its duly authorized agent. The Mortgage Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, and will contain Endorsement Form 100, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, ancl (B) Applicable scheduled charges in the amount of $0.00 are paid to the Company or its cluly authorized agent. The Mortgage Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. Alta Commitment - 2006 Schedtle B-I Requirements Commitment No. 0600997-C Schedule B-I Requirements (continued) Lt 115.2 $0.00 $o.oo 24-month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the d¡te of this commitment is (are) as follows: CORRECTED WARR.A,NTY DEED recorded June 3o 2008 at Reception No.749726 NOTE: If no conveyances lyere found in that 24 month period, the last recorded conveyânce is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported' EXCEPTION NO. 5 I.'NDER SCHEDULE B, SECTION 2 OF TFIIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SETFORTHIN SC}IEDULE B, SECTION I OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY TFIE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND,RECORDER FOR GARFIELD COUNTY, COLORADO BY TFIE . COMPANY ORITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Alta CommiÍment - 2006 Schedule B-l Requirements (continued) .q$- Commitment No. 0600997-C ScheduleB-II Exceptions COÑ,TÙÍ ITMENT FOR TITLE IXSUNA¡ICN t"*ïT:"u"- sECrroN II Schedule B of the policy or policies to be issued will contain exceptious to the following matters unless the same are disposed of to the satisfaction ofthe Company' Any loss or damage, inclucling attorney fees, by reason of the matters shown below: l. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained-by an i¡speciion of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records' 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that wåuld be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records' "" 5. Defects, liens, encumbrances, adverse claims or other mafters, if any created, first appearing in the public Records or attaching subsequent to the effective date hereof, but prior to the date ofthe proposed insured acquires ãf recorà for value the estate or interest or mortgage thereon covered by this Commifment. 6. {a) Taxes or assessments that are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real properfy or by the Public Records; (b) proceedings by a public agency that may result in taxçs or assessments, or notices ofsuch proceedings, whether or not shown by the records of such agency or hy the Public Records' 7 . Right of the proprietor of a vein or lode to extract antl relnove his ore therefrom' should the ssme be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January I 8, 1 9l I in Book 7i at Paqq 'j 7 ' g. Right of way for ditches or canals constructed by the authority,of the United States, as reserved in Unite ¿ States Patent recorded January 1 8, I 91 I in Eçsk J-i-ail'aScl-Z' g. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. 10. Oit and Gas Lease between Theodore Cerise and Joe T. Juhan, recorded March 8, 1937 in !¡APli" l8é lil Page 3-67 and any and all assignments or interests therein' 11. Oil and Gas Lease between Theodore Cerise and Joe t. Juhan, recorded September 3, 1937 in ËaSlL I 89 trt Page 26Û and any and all assignments or interests therein' 12. Oil and Gas Lease between Floyd A. Johnson and Katherine A. Johnson and Francis W' Christensen, recorded July g, 1960 in Boçk 32$ at P¿ge 3 l2 and any and all assignrnents or interests therein' 13. Easement and right of way for gas distribution line purposes, as gratrted by Floyd A' Johnso¡ and Katherine A, Johnson to Roct<¡iUountain Natural Gas Company, Inc', by instrument recorded October 19, l96l in þgSLljl_SüþCg.-¿JL, saicl easement being more particularly described thcrein. AlÍa Commitment - 2006 Scheùile B-II E"rcePtions 4. Updated site plan -showing boundary of proposed contractor's Yard, associated infraötructure (propane fiiling lıcation), proposed screening, and the proposed building. Include specifiò setbacks we are providing. included 5. Vicinity Map - 3 mile Vicinity Map included attachment Gulìeld Coantlt5130t2018Gai ' County l,and ExpLoreril:. "."t'* i", -,i.i t. i i: .. :.",;:,i :::r; I :,-:r - l; îl;:..":, ::, :: :.qoâgePrint.""-..-'.,""'" -'.''i-- * "i¡r------'-':------"'-ro O-5 lmlati',1 'lniBlrdl1-'"o,\+http://gis.garfield-county.com/I-andExploreri index.htrnl?parcelid=2391322ffiO61/1 6. Waiver requests for the lmprovement Agreement and the Development Agreement Submittal requirements, as it does not appear these are required for this application. J. Development Agreement: The Wood's Small Contractor's Storage Yard at 16695 Highway 82 Carbondale, CO 81623; due to the size of this project it will not need a Development Agreement' K. lmprovements Agreement: The Wood's Small Contractor's Storage Yard at 16695 Highway 82 Carbondale, CO 81623 will not need an lmprovements Agreement due to the size of the project. There are no public improvements and this is not a subdivision. 7. Specific Screening Plan Statement - There are existing ber¡s surrounding much.of . the property; these bãrms will provide screening of the Small Contractor's Storage Yard trom néignóoring properties. Berms are located along the North and West side of the area of tñe propósed Small Contractor's Storage Yard. We will install a 6'fence along the Southern property line thus providing screening of the Storage Yard' L Waiver from lndustrial Standards: Provide specific distances required and the distance we propose, how much of a waiver is being requested. We are asking for a waiver of 75 feet from the standard requirements of 100 ft from an adjacent residential property line. We intend to place the Small Contractor's Storage Yard 25 feet inside our property line; therefore it will be 25 feet from the adjacent residential property line. lndustrial Use. These standards shall apply to all industrial uses: The proposed Small Contractor's Storage Yard adheres to all standards except the Setback requirements. A. Residential Subdivision - The proposed Small Contractor's Storage Yard is not in a platted residential Subdivision, therefore nCI waiver is needed B. Setbacks - All activity associated with these uses shall be a minimum of 100 feet from an adjacent resident¡al property line, unless the use is on an industrially zoned property. The storage yard will be 25 feet to the adjacent residential property line, fortunately that property line contains the corridor for the driveway of neighboring properties. The driveway corridor runs between 30 and 20 feet wide along the west side of the property and it runs about 45 feet wide along the south side of the property. We are requesting a waiver of 50 feet which would allow us to have the storage yard on the east side of the property within 25 feet from the property line. The storage yard will be within 25 feet from the driveway corridor of parcel # 239132201001 located at 16615 Highway 82, Carbondale, CO 81623. The propane tank will be 100 feet from any neighboring residential property. L Propane Filling location - The propane tank will adhere to the standards and will be at least 100 feet from all adjacent residential property lines. Licensing is not required as fuel is not being dispensed for retail and the dispenser is located on private property. Propane refueling is subject to the rules of the National Fire Protection Agency (NFPA). Per the 2017 NFPA manual rule 7.2.1 .4; a FAA certificated balloon pilot meets the qualification requirements of section 4.4tor container filling. A crew member for the pilot that has been trained for container filling and carries card documenting that training also meets the qualification requirements. The acceptability of a hot air balloon container for filling can be verified by finding the container in the flight log for that aircraft. 10. Water and Wastewater: The application identified that the facility will be unmanned, and also as part of plans for the ultimate build-out, that a bathroom would be put in the building. lf a bäthroom is proposed in the building, a demonstration of adequate, physical, and legat water and wastewater is required' Water for thJbathroom in the shop building will be provided by an existing, permitted, domestic well. This well, bearing permit number 266499 (attached), is of ãpprovat we will conduct a 4-hour pump test and a water quality test on the well. The oäinroom in the proposed accessory building meets all of the criteria in Colorado Division of Watei Råsources Guideline 2A16-1 for Auxiliary Living Spaces as well as the allowed commercial activity outlined in Policy 2011-3' Wastewater for the bathroom will be handled by an existing septic system thgl _ was permitted and ¡nstalled in 200g, permit number4545 (attached). This existing OWS consists of a 1000 gallon, two compartment, concrete tank, suitable for a 3 bedroom house. Currently, itls servin g a zer:o bedroom, one bathroom studio above the garage' so it has adequate excess capacity for the added bathroom. : Forin Nç. . GWS'zS APPLICANT l3r¡3) 86S358r OFFIGE OF THE STATE ENGINEER i?,qlßmp$,PJyl*lpJl"gnHffi F#'FEsouRcEs GERARD E DESJARTAIS poBox oQ BASALT,CO 81621- (970)618{045 APPROUED WEf-L LOCATION GARFIELD COUNTYSE 114 NW 114 Seclion 32 Torr¡nship 7 S Range 87 W Slxlh P.M. prsTANcEs FROM SECTION tlUE:S 1923 Ft. from Norlh Sêctlon LtnË 1870 Ft. from W¡st SeclionLhË UTM COORDTNATES lMslercZone:l 3.NAD8ll WELL PERIIIIT HUÍIIBER Dlv. s wD38 DES. BASIN MD 1! ISSUAI.ICEOF THIS PERMIT DOËS NOT CONFERAWATER RIGHT go{pflloNs oFAPFROVAT Thls wsll shall be uaed ln suoh I way as lo cauee no mslgdal lnlury to exlcling waler ¡lghls. Ths l8suãrEå of tfil¡ pcmSt does not snsute lhal no lr1rry wlil occur to another vssled tveter right or pfgcludê ânolhorownsr of a vestsd ul3ler rlght frorn seeklng rd¡ðl in å clvil couil acilon. Consfudlon dâtalls br thl¡ exlgthg well ha\r6 not Þo€n pmvlded to lhia officE; theralore, lt l¡ not knorrrn ll ihe con¡ftjcüon ol lhh ws[ is ln compllsncð wlth lhs Watsr tlga$ Consür¡c{bn Rules. 2 GCR 402-2. Ttu le¡uanco of thla permlt does mt rsl¡sue lha w¡ll o$rnËr of rsåpomlbtl¡ly or l¡abülty ln lhe svent oonlamlnalbn ol lhe gro|å|ó¡relor sourcs ¡asulb fom lhs conslrucüon or usô of lh¡É wdl nor doas the stats Erlgtn€sr as8ume any ¡osponslblllty or liabillty should conlamlnatlon occur" Tt$s rvsll ls recorded and permit appmved in acco¡dancs wltr CRS 37-92.6f12(51 for hhtodc use as lndHtsd hsr€in ard dascrlbed tn cRs 37-92,602(11(b), baing a woil pnodrækrg 15 GPM and ugêd for ordlnary hou3shold pl¡fposss lnslde one tl) smls fãmily d$allhg, nß pmtsdion, lhs ryabrlng of domastlc anlmals and poullry. ard the lrlgatþn of not rnore lhan 4.356 squera f€al (1/10 screl of hoüns gardens and faurna' Appmved âB e wdl on â rccidonüal sits of 2.09 acra(s) dsscribad as lhåt podlon of lhe SE 1/4 ol the NW lr4, S¿c. 32, Twp. 7'douü. g¡q. SZ Woat, Oül P.M,, Garfrald Coünty, rnora parllcularly d€sttlþÊ{t on lhe ãtlached axhlbltA. Fudhsr Hanülþd æ f66gü Hlgh'#ây 82, Carbondala, CO 01623. The dale of ñrst bsnsl¡dal 93ã, ag dalmed by llte applharü, ls December 31 ' 1955' NOTE: Tlrl¡ wsll wes decreed se Agua Fda No. Uno ltVsll in fllvldon 5 Weter Coun cate no. W'2810. Thl¡ wsll was decrsod for 0,ft3g cfs (16 gsñone ær rnln¡tol. The btal deplh ol lhle rrell ls decrosd s 60 fs6t At lha dala of the snl¡y of lhls dscres wilh ttu oourt on Aprll 26, 1976. lhe ¡vstl oüurwas: Beil L Sårgeñt and Renete M. Eqqeıt NOTE: A såcomt wGll, not of ncord aho srlsts ofl ürb percel and slrouH be pemfited or pluggEd and ¡oalo¡|. NOTË: Frrcel ldpn$llcalþn Number {PlNl:23'2391'3??4$1106 ¿}- Z* *t NOTE: AsssssorTaxScfieduleNunbar: R011477 lfáfáøaf 2l 3l 4l 6) Strb Ëndnec¡ a' APPROVED (%t¿\tl¡lW GARFIELD COUNTY BUILDING AND SANITATICIN ?M?,:, ,',?N 108 Eighrh street' suíte401 t r v,{ ,Þr4 ¿.' Glenwood spiäiå; colorado 81601 'P#ir [nh^-E D rsPosAL p ERMrr DEPARTMENT 4$4SPermit Assessor's Parcel No. not a build OT USê P"ItoFEATY Owner's Name System Location Legal Description of Assessor's ParcelNo. SYSTEM pEq|$N \A!'oqbfu4lfjt pr,on*äåı-H-b +LL*l.p PrssentAddress /aø ã Septic Tank Capacity (gallon) Percolation Rate {min utes/inch)3ø Required Absorption Area - See Attached Special Setback Requirements: nate ,. - - .- lnsPector Number of Bedrooms (or other)-*-..*-- A?,s4, F{ /Ã/ ßÉF* 7 dnfrf-sQ*4 H /d- other FINAL,SYSTFÍ!4 IN$PECTIçN AllD ARPROVA!= (as installed) Callfor lnspectlon (24 hours noticei Before Covering lnstallation Systemlnstaller , .-.._ ,., .- _-...'* .-.",.. -. ,"... --......,. Septlc Tank Capacity ,/ëf ¿ $eptic Tank Manufacturer or Trade Name Cæ¿/c"4¡'tft. Septic Tank Access within 8" of surface Absorption Area lr Absorption Area Type and/or Manufacturer or Trado Name - ,. , f I 'nfl E. ," 4* *- H I ü Adequate compliance with County and Stato regulat¡ons/requirements Other Date 'Z*1f* æ7 lnspector r^rf,t(ç//-s r1,f RËTAIN WITH RECEIPT RËCORDS AT CONSTRUCTION SITE TONDITION$: 1. All instaltation must comply with all requirements of the Colorado State Board of Health lndividual Sewage Disposal $ystems Chapter 25, Article 10 Ç.R.S. 1973, Revised 1984- 2. This permit is vatid only for connection to structures which have fully complied with Couniy zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violatÍon or a requirement of the permit and cause for both legal action and revocation of the Permit. 6. Rny person who constructe, alters, or installs an individual sewage disposal system in a manner which involves a knowing and maierial variation from the terms or specifications contained in the apptication of permit commits a Class 1, Petty Offense ($500.00 fine - 6 months in jail or both), White -APPLICANT Yellow- DEPARTMENT ffii ffÕ¡-#R"emffi Þir¡isian çf Wntev Stessuxces ilcÐírì"inì6:r1i ci þi.?htTflì Ê¿:iourrÎ:s 1313 Sherman 5trêet. Raom 8?1 0enver, CO fl0203 Guideline 2016-1 CONCERNING WATER SUPPLIES FOR AUXILIARY LIVING sPÅCES Purpo-se: This document provides guidance regarding the avaitabitity of a [egal.wate_r suppty for attached or deiached auxitiary tiving spaces, which may include anything from a bathroom inside a garage or barn to a futty independent dwetting, and whether the auxitiary tiving space may be ånsiãered part of the main singte-famity residence for the purposes of wetl p"*itting. Cotoraào counties have varying names for auxitiary tiving spaces, including äc."rrory-buitdings, accessory structures, accessory dwetting unÍts {"ADUs"), secondary dwetting units ("fDUs"), guest houses, and more. This document is intended to encompass and prolide guidance regarding atl of these types oT buitdings, or portions of the main buil&ng, wtrÉtr witt cottãctivety be referred to in this document as "Auxitiary Living Spaces". Guideline: Water Suoolv from a Water District For those cases where the water suppty is provided by a municipal or quasi'municipat water dlstrlct, as tong as the water provider operates within the terms and conditions of its water rights ind deciees, the State Engineer's Office woutd have no objection to the water provider servicing the subject property, inctuding the Auxitiary Living Space. Water Supptv from a Wetl Generatly, welt permits are issued with a limit on the number of singte'famity dweltings that can be sárved by the wett. Therefore, the State Engineer's Office must consider if the Auxitiary Living ipace is a separate single-family dwetting or an extension of the main singte- famity dwetting. State s Office nation of what a Sinsle-Dwetlinø The State Engineer's Office woutd consider the Auxitiary Living Space to be an extension of the main residence if it is abte to meet 4! of the fottowing criteria: .al 1313 Shermaa 5trèet, Rconr *21, Denver, lO 80?03 p 3Õ3.86ó.3581 lYww.wâter.state.cê.us John W. Hickenlooper, Çovernor I Robert Randatl, Executive ñireclor I Djck Wo{fe, State Ëngincer .Ë Guidellne 2016-1 Page Z of 3 o The Auxitiary Living Space witt not be rented, leased, or otherwise permanentty occupied by a party other than a mernber of the famity that woutd otherwise tive in the main singte-famity dweltlng. An Auxitlary Living S¡iace occupied by those providing a servlce on the site in exchange for their residency, such as by'a nanñy or caretaker - in exchange for services woutd*be eonsidered a second singie-íamily dwetting.r The Auxiliary Living Space witt not use water for non-residãntlat purposes sulh as businesses, trlatrufacluting, or a facltlty provldlhg restrooms for customer or pubtic access, etc. {Ptease refer to item 2 of State Engineer Foticy 2011-3 for information regarding commerciat activities that may be conducted on ihe property incl,uding altowances and tlrnltations for home offices.)ç For Atxiliary Living Spaces that ärË separated from the muin tivíng âreå ånd that have an independent entry, the space does not contain kitchen facitities, which the State Engineer's Office considers enabting an independent tiving area. Based upon a review of current Cotorado county zoning regutations, an Auxitiary t-iving Space ii considered by the State Engineer's Office to have kitchen facitities if it has ãitfier:o a stove or oven or a 240-V etectric hookup or equivalent gas piping for cooking facitities; oro a refrigerator more than 6 cubic feet in size. A wet bar with a sink and a refrigerator no more than 6 cubic feet in size is acceptabte. !! the Auxitiary Living Space meets att the criteria above it would be considered by the StateEngineer's Office to be an extension of the,main residence and a wetl, permitted ío rerve ànty one single-flmity dwetting may tegatty suppty both the main residence and the Auxitiary LivingSpace. No changes or amendments to the permit are required. lf the Auxitiary LivingJpace does nqt meet att of the criteria above it woutd be considered bythe State Engineer's Office to constitute a siñgte-famity dwell,ing and a wett permit must atlow for use in two {or more) singte-famity dweitings, bne for tñe main residence and one for each Auxiliary Living Space. ¡Additional lnformation: A wett permitted pursuant to Section 37-92-6A2 (3XbXllXA), C.R.S., as the onty wetl on aparcel of 35 acres CIr m.ore may be permitted for uses tirat inctude ordinary hoúsehotd purposes-insìde up to three singte-famity dwettings, one of which could be the Auxitiary Living Space, which is considered by the State Engineeito constitute a singte-famity dwettini. ¡f iËpermit is issued as the only welt on a 35+ acre parcet, but the permit condifiôns do noî specificatty, identify the number of dwellings that .ui b" ,**uã, it may be fossible tã àmendthis type_of permit to specify that up to three singte-famity dwettings ðan bä served pursuant to State Engineer Poticy 93-4. A welt on a,parcet of tess than 35 acres, which is permitted for ordinary househotd use inside one singte-famity dwetling, could typicatty onty be re-permitted for usé inside two single-famity dwettings pursuant to a decreed plan for äugmentation. Simitarty, a wett first iut touse prior to May 8, 1972 for "domestic" purposes that historicatty lbefol'à May g, 1g7i) onty 1313 Sherman Street, Room 821. Denver, co g0?03 p 303.86ó.j5g1 www.waElr.state.co.uq John W. Hickentooper, Govëmor I Robert Randail. Executive Þirector | Þick Wolfe, State Engineer Guidetìne 201ó-1 Page 3 of 3 served one singte-famity dwetting coutd typicatty onty be expanded to attow for use inside two singte-family dwettings pursuant to a decreed plan for augmentation. For a residentiat wett located within a Designated Ground Water Basin that is permitted pùrsùant to Section 37-90-105, c.R.s., if the wett is on a parcet of tand that quatifies for a . . wett permit that may suppty more than one singte-famity-dwetling, oneof the dweltings could ne tfre Auxiliary Liviñg Sp"i.. lf the wett is on a pärcet that onty quatifies, for a,permit.to. .i**. onu singtä-famiÍy ùwelting, the wett coutd typicatty onty be re'permitted for use inside i*o iingl"-fañrity dweltings punuant to a replacement plan approved by_the Ground Water Commiision. erjestions rãgårding whether a specific parcet would quatify for a we[[ permit that altows for more than ıne singte-famity dwetting shoutd be referred to Ground Water Commission staff, For a welt firsf put to use prior to fiìay 8, 1972 for "domestic" purposes, . if,it f,iiioricaly {befàre May A, niz¡ only served one single-fgmity dwetting, this wetl coutd typicatty onty be expanded io attow-for use inside two single-famity dwettings pursuant to a rãþtaceineni ptan approved by the Ground Water Commission. lf the wett is tocated within the Denver Basin or a river basin that is not over'appropriated, it mov Ue possible to obtain a permit attowing for the use of the wetl in an additionat singte- famity dwetting. lf the existing wett is permitted for "ordinary househotd.use inside one singte-famity dwelting" ãnã it ãtrea¿i inctu¿e¿ in a decreed ptan foi augmentation or reptacement plan approved by the Ground Úater commission, the terms and conditions of the decree or reptacement,plan wilt determine if a new permii coutd be issued atlowing for use in an additionat singte'famity J**ffing. lf the decree or reptacement plan expticitty states that the use of each well permittãd pursuant to the auþmentation plan is timited to serving one.single-famitydwelling, then a new or amended augrnãntation ptãn or replacement ptan would need to be obtained to allow for use in a second singte'famity dwetting. lf the State Engineer's Office has previousty provided written comments regarding a specific propoiat that ånftict with the poiitions taken in this Guideline, the written comments witt be honored. Customers shoutd contâct the Division of Water Resources at 303'86ó'3581 if they have any questions. Approved:Date: å , P.E. Director/State Engineer 1313 Sherman Street" Roorn 82'1, Þenver, CCI 80203 P 303.866.3581 www.watef.ttate.co$l John W" Hickentooper, Governor I Robert Randal,l, Executive Oirector I Dick Wolfe, State Engiûeer \,], ð9 s-tffilöffit c#L#ffi.&#ffi T)årrù*lsse *f tfs¡tç:r lTes**¡:r;*.q Depßrlû:errt of Ñålu.:'al Relol{rces POLlcY 2011'3 CCINCERNING COÀTMERCIAL ACTIVITIES ON pRoPERTY sERVED BY RESIDENTIAL EXEi,IPT ANÐ SiTALL CAPAC¡TY WELLS (Ai,IENDED) , ObJective Section 37-92-602, C.R.S. provides an exemption from adminÍstration in the water right pr¡oÀiv system foi welts tocated outside of Designated Groundwater Basins whose uses äre iirnitué tå those identified in section 17-92-602{ 1}. Those uses are specificatty domestic uses, fire fighting, livestock watering, monitoring and observation purposes, and drinking and sanitJry usãs in a commerciat business. The use of exempt wetls for commercial purposes is described onty in subsection 602{1}(c}. Simitarty, section 37-90-105, authorized the State Engineer to issue smatt capacity wetl, permits within Designated Basins for uses identified in su6section 37-90-105(1). The use of smalt capacity welts for commercial pu.rposes is described onty in suniection 105(1){c). Most exempt and smatt capacity wetl permits do not expticitty attow commerciat use of the water, yet owners of such wells may at times engage in commercial^ activities on their residentiat sites' The objective of this poticy ís to define the extent to which a residentiat wett user may engage in çommerciaiactiiities on the site that is served by an exempt or smatt capacity wetl ttrãt îs not expticitty permitted for commerciat use' Policv Sections 37-92-6A711)(b) and {e} timit the uses of residentiat exempt wetts to ordinary household purpor"., fire protection, the watering of pouttry, domestic animats, and livestock on farms and ianches, and the irrigation of not over one acre of home gardens and lawns. Section 37-90,105(1Xa) timits the uses of residential smatl capacity we[[s to not more than ihr* single-famitv áwáuings, incLuding the normat operations associated with such dweltingsl but not iñctuding the irrigaiion of more than one åcre of tand. Atthough most exempt and imait capacity wett permits do not expticitty attow commerciat use, the State Engineer's office aitowsinci¿entat commerciat activity on the prÕperty served by a wett permitted for ordinary and normat househotd purposes, the watering of domestic animats, and the irrigation of home garden and lawn if tnai activity does not cause an increase in the amount of water used, subject to the quatifications specified betow' For the purposes of administering exempt and gmatl capacity wetls, commercial activity may nà'con¿l.tä¿ on the property when the wetl permit does not expticitty atlow commercia[ use with the fottowing limitations: r Watering of domestic animats is implied as part of the normal operations associãted with singte'famity dweiiings in Sectisn 37-9û-105t1 Xai. .;-1i.i--/:-1: ¡ lr) \ì I ";' "ril.¡ ,¡ .¿¡ 'r '', I r' '!'t -, .{ 4 "Í r;!t¡ :ìr. Pol,icy 201 1 -3 Arrrended Page 2 1. A business may be conducted on the property as long as:å. The property has a home that is the primary single-famlty residencez for the party engaged in the business. b. The business has no on-site emptoyees that use water other than the party tiving in the singte-family residence,c. No additionål wäter witt be dlverted or consumed as a resutt of the busines¡ being conducted on the property; specificatty, no customers wÍlt use the drinking and sanitary facitities, and the business wilt not create any demand on the ground water beyond those demands typicatty associated with the uses described on the well permit. 2. Water from the wett may be used to water domestic animals that are used in a commerciat endeavor according to the provisions enumerated in 2.a - d betow" This poticy recognizes that the statutory attowance for watering pouttry and tivestock carries an understanding of commerciat use. Therefore, the provisions betow appty onty to the "domestic animat" attowance in the statutes and do not timit the wateiing of pouttry or livestock. a. The property has a home that is the prirnary single-famiLy residence for the party that owns the animals. ,b. The commerciat endeavor i¡ not the primary reason for owning the animats.c. The revenue from the endeavor is not a primary source of income for any party. d. No water ïs used for the commercial endeavor other than the watering of the animats. 3. The irrigation of not overpne acre of home gardens and lawns may inctude irrigation of ptants that witt be solds as long as: a. The property has a home that is the primary singte-famity residence for the party growing the ptants. b. The revenue from the ptants that are sotd is not a primary source of income for the party growing the ptants. c. The primary purpose of the irrigatïon is for personat, non-commercial use of the same type of ptants that witl. be sotd.d' The irrigation of the plants does not change the season of irrigation from the season for normal home garden or lawn (i.e. winter irrigation inside a greenhouse or buitding is prohibited), €, The pl,ant to be cuttivated, irrigated or processed does not require a liqense or registrationa with any state or local ticensing authority. The requirement of ? For discussions invotving a singte-fami[y dwetiing or singte-famiiy residence, the term ,,single-famity dwelting" [37-92-602(f ]{b) and {e}, 37-92-ú02(3Xb)t[](A]1, and 37-90-r05{1){a}, or ,,singte-iamity residence" [37'92'602(3XbXllXA]l means a structure where one family, and no more thãn one fåmity lives on a permånent basis. lt may inctude a detached structure as long as the detach€d structure d-oes not creâte an independent residence, in which case it woutd be regarded as an additionat singte-famity dwelting or singte-famity residence. For information, see Çuide-iine ?,ûtt6:'f , Concerning Watei Supptiei for Auxitiary Living Spaces.3 As used hereafter, the term "sold'shatt be understood to encompåss trade, relmbursement, or other compensation resutting in consideration being received for ptants, fruits, graìns or other ptant products. a Ëxamples of [icenses inctude recreationat or medicat marijuana ticenses issued through the Cotorado Marijuana Enforcement Division. Registrations include commerclat industriat hemp registrations issued through the Colorado Department of Agricutture. Poticy 2011-3 Amended Page 3 such a license or registration is evidence of a commercial endeavor that vfilt cause an increase in the diversion and consumption of water {see 1.c above) and is evidence that the primary purpose of the irrigation is beyond parsonql, non-commerciat use of the same type of plants that witt be sold {see 3.c above). Registered medical marijuana primäry caregiverss are an exception and rnay water ptants during the irrigation season so long as att of the provisions enumerated in 3.a - d are met. The constitution altows adults to grow no more than six marijuana ptants for personal use. The maximum marijuana ptant count attowed to be grown at a residentiat property is 126- Note: For wett permits that do not include use of water for tawn and garden irr.igation (such as househotd use onty wel,[ permits), indoor watering of ptants is strictty timited to growing personal ptants that,will not be sotd. Att the information in items 1 through 3 abave is for ctarification and guidance for administration decisions onty. Neither,the wetl permits nor this poticy grant any water right for commercial use, The at[owances in this poticy do not supersede other state or tocat [aws, codes, or other requirements. Att administration decisions for the wett permits witt be made on u iute-by-case basis, using this poticy for guidance onty' Background The intent of thls poticy is to clarify in what timited situations owners of exempt and smatt capacity wetts may engage in some commerciat or business activity at the location that is served by the wett Permit. This poticy is intended first to acknowtedge that it is consistent with state statute to atlow the statutory exemption from administration in the water right priority system (and modified priority syståm within Designated Basins) even white a we[[ user engâges in some activity on lh* prop**y where they are paid for that activity. As long as the wetl user satisfies thê pru*iré tnat tfre prop"ity'r use is primarity for residentiat purposes and demonstrates that all Lse of the water is råtate¿ solety to that residential. use, the Division of Water Resources will not object to other activities on the property that do not impact the arnount of water that is used by the wett. Second, items i through 3 give the Division of Water Resourees water administration officiats criteria to use to enruie tnàt the use of the wel,l is consistent with what the General Assembty intended, that is, the wett is used to provide only for the uses described in 37'9?'602(1)tb) and (e) and 37'90-105(1Xa). Re-asoning for Policy Amendmentq Item 3.e was added by revision to this poticy on October 21, 2016 in response to legistation not contemptated by 37-97-602 resul,ting from the passage of Amendment 64 to the r Medicat rnarijuana primary caregiver registrations are issued through the Cotorado Department of puþtie Heatth ãnd EnvÌronment. Registered caregivers are precluded from being licensed to operate medicat or retai[ marijuana businesses or being emptoyed by those businesses. 6 0r 24 plants totat if åttowed by the medicat marijuana or prlmary caregiver exception in section 1S-1S-i0ó(3XaXllXB), C.R.S., which atso reguÍres an express allowance in local taw fcr more than 12 ptants in a residentiat ProPertY' Poticy 201I -3 Amended Page 4 Cotorado Constitution. This was further modified in response to House Bitt 17-1220, which ptaced additionat timits on marijuana cuttivation at residential properties. The fottowing statutes may be referenced retaterl to the potlcy amendments relevant to marijuana and hemp cuttivation: 1. Section Z5-1.5-106 (S.5Xb), which states "A patient shatl not cuttivate more than ninety-nine ptants. Onty a medicat mariJuana buslness Hcensed and property authorized pursuant to article 43.3 of titte 12, C.R.S., may cul^tivate more than ninety-nine ptants." Z. SectÍon 25-1.5-106 (8.óXb), which states, "A primary caregver shatt not cuttivare more than ninety-nine plants. Only a medical marijuana business ticensed and properly authorized pursuant to articte 43.3 of titte 12, e.R.S., rnâV cultivate more than ninety-nine plants. The primary caregiver is not altowed to grow additionat plants untit he or she is ticensed by the state ticensing authority." 3. Section 18-18-40ó(3XaXllXA) and (B) which state, "(A) Regardtess of whether the ptants are for medical or recreational use, it is unlawfut for a person to knowingty cutivate, grow, or produce more than twelve rrrariJuana plants on or in a residential property...(B) Except,..for a medical marijuana patient or a primary caregiver with a twenty-four-marijuana-ptant-count-exception,..[and] if a county, municipatity, or city and county taw expressty permits the cultivation, growth, or production of more than twelve marijuana ptants on or in a residentiat property". 4. Section 35'6,|-{102X1Xa) which states, "Notwithstanding any other provision of law to thq contrary¡ a person who holds a registration issued pursuant to section 35-61-104 may: (a) Engage in industrial hemp cuttivation for commercial purposes; or {b) Grow industriat hemp for research and devetopment purposet"" References to Section 37-90-105 were added in 2018 to inctude residential smatt capacity permits within the Designated Basins. At the same time, the reference to exempt wett permits that inctude permitted commercial use was removed from this poticy because those permits are more approprlately described in existing poticies from 1985 and 1990. Except as described herein, this poticy may be modified or revoked onty in writing by the State Engineer. : Approved this f 4îh day of September,2011 Arnended this 21't day of October, 2016. Amended this I't day of March, ?018. Kevin G. Rein, P.E. Director/State Engineer 11. lmpact Analysis: Please respond to each individual section in the impact analysis (Scction 4 203 (G))' 1. Adjacèni'Land Use. Existing use of adjacent property and neíghboring propert¡es w¡th¡n 1,500 foot radius. The immediaÌe adjacent properties are rural iesidential in nature. About 500 feet West is the Waldorf School and and the other side of that is the new development of polo fields with a few homes. Farther east of the property are more rural residential properties. Across highway 82, North gf tng property ãrè'rurál residential properties with'múltipte uses of storage and multiple dwellings. South of the property aie several rural residential lots with multiple ponds and then the roaring fork river."2. S¡te Features. This property has multiple trees, pine and cottonwood with a varietv of fruit trees and lilac bushes, within the properly and a small ditch that runs in from the southeast side of the property and travels approximately 165 feet to the East most driveway entrance where it disappears into a culvert. There is also a gravel driveway that enters the property on the north side of the property, this driveway travels to the log cabin and circli¡s årouhd several lilac bushes.bringing the driveway back around tó make a loop. The driveway extends across the property to the 3 car garage änO côntinues up to dnother driveway which exits the property on the northwestern side of the property. The proposed storage yard is adjlcent to this northwest driveway, thus allowino éaseof entrance and exit for Above lt All Balloon Co vehicles. 5. So¡l Characteristics. The property consists of graveled areas and various qrass and native vegetation along with multiple rocks. The soil is porous and allows þroper permeation of water to the various vegetation' à. Geology and Hazard. The property is located within the Roaring Fork Valley corridor which cıñtains the river and mountains surrounding the area. The proposed area for the storage yard contains no Geology hazards' S. Groundwater and Aquifer Recharge Areas. The one low point on the property, where some water flows, has å dry well thal is set up to allow proper drainage to avoid any flooding or excessive pooling of water. The rest of the property has a higher . próximity to-tne surrounding areã wl1igL encourages the water to flow away from the þroperty thus preventing any potential flooding. 6. Environmental lmpacts. a.b.c&d. a. The proposi:d Contractor's Storage Yard will not have any environmental impacts to the property that would adversely atfect any current or future veoetation on the propertv.r b. The çiropósed Contractor's Storage Yard will not influence the wildlife that live and travel ttuough the property This is one of the reasons why we have chosen to use berms for-screening mo-st of the storage yard' c. The storage yard will not create any hazardous attractions, any alterations to existing native vegetation will not disrupt or block migration routes or use routes. d. No potential radiation hazards have been identified by state or.county health officials; nor ðo we expect such hazards to form with the proposed Small Contractor's Storage Yard. 7. Nuisance. The storage yard will not produce any vapor, dust, smoke, glare or vibration, or other emanations. B. Hours of Operation. The Small Contractor's Storage Yard will be open from 7am to 7pm, much like any other contractor's yard. 12. Grading and Drainage: Soil information and topo map provided by county. l*{,0J¿t,fd¡ '¡lrrffirH,.¿ t*t8't ¡ñc 'ial.fÍìáLt' liltrgr tqt sÌ33¡¡ixt ,lliult n"t dlt'!t¡t¡ì ¡tìr9ìtl¡tl t: d. q rt¡ttt. tüf¿aúntu I *'.'¡¡4,r,¡r¡ rtìY¡h1 ¡&? ¡i{ t :r UulBtdc liuvt titt ¡rÀt,ùll. td,ìt 11. ül¡ira rdr.f iI I ¡ I I I f I Ifi ¡ I ü ü$ü \å Çf. c t l{rf1 L'ûÀ*r rúr .i. !ii ih c .9 {! Ees o CLIEoo = 'bSoil Map-Aspen-Gypçum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Count¡es315800315m31m5sF390 242ffN390 24 6" NItÈæ. 24',28" N3Ðô 246"NRHaHIþÊç¡ÉaH="Ó315500NA315600315ÆMap ScaÞ: 1:4.590 f prirted on A lands+ (11'' x 8.5) stte€t- ,Þlêbrs0s1ææilftdoruÐ8m1mM+ projedíon: Web lt4enator Gorner ooldndes: WGS84 Ëge tics: UIM Zore 13N WGS84Èß,l;sD,\ffiNaû¡ral ResourcesConservation Serv¡ceWeb Soil SurveyNational Cooperative Soil Survey5/312018Page 1 of33161æ31@3m3164CO Naû¡ral ResoureæsGonservation Servicesoil Map-Aspen-Gypsum Area, Colorado, Parts of E4le, Garfield, and Pitkin countiæWeb Soil SurveYNational Cooperative Soil SurveYil3na18Pæe2of3MAP LEGENDMAP INFORMATIONThe soil surveys that comprise your AOI were mapped at1"24,æ0.l^årning: Soil Map may not be valid atthis scale.Enlargement of maps beyond the scale of mapping can causemisunderstanding of the detail of mapping and accuracy of soilline placement" The map6 do not shovrl the small areas ofcontrasting soils that could have been shorrvn at a more detailedscale.Please rely on the bar scale on each map shed for mapmeasurements.Source of Map: Natural Resources Conseryation ServiceWeb Soil Survey URL:Coordinate System: Web Mercator (EPSG:3857)Maps from the Web Soil Survey ere based on the Web Mercatorprojection, wtrich preserves direction and shape but distorbdistance and area. A projection that preserves area, such as theAlbers equal-area conic projection, should be used if moreaccurate calculations of distance or area are required-Thb product is generated from the USDA-NRCS certified data asof the version date(s) li$ed belowSoil Survey Area: Aspen-Gypsum Area, Colorado, Parß ofEagle, Garfield, and Pitk¡n Count¡esSurvey Area Data: Version 8, Oct 10, 2017Soil map units âre labeled (as space allolw) for map scales1:50,000 or larger.Date{s) aeria¡ images were photographed: Jul 14, 201&-Mar 2'2017The orthophoto or other base map on wlìich the soil lines uærecompiled and digitized probably difiers tom the bacþroundimagery displayed on these mapo. As a result, some minorshiñing of map unit boundaries may be evident.Are. oû hrerest (AOl)Area ôf lntêre$ (AOl)ttSoils] Soil MaP Unit Polygons4.ı So¡l l¡ap Unit Lines¡¡ Soil MåP Unit PointsSpeclal Point Featu¡cs{å} Blowotrt** Bonow PitH claY SPot', C¡o€€d DePressionìil Gravel Pit. " Gravelly SPotLandfillLava FlowMarsh or swampMine or QuarryMiscellaneous WäterPerennial lllhter. RockOutcrop"t" Saline SPot," I Sandy SPotr. Severely Eroded SPotSinkholeSlide or SlipSodic SpotSpoii AreaStorvy SpotVery Siony SpotWet SpotOtherSpec¡al Line Fêature€Water Featurcs. . Strearnsand CanalsTranspoÉatlon¡.¡¡ Rails*áé lnte¡sfatê HigtwaYs, US Rot¡tesMaþr RoadsLocal RoadsBâckgroundf AerialPhotographyä{irijdUSD;\: So¡l Map-Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Count¡es Map Unit Legend Map Un¡tSymbol Map Unft Name Acres in AOI PercentofAOl 13 Atencio-A¿ettine complex, 3 to 6 percent slopGs 60.9 54.60Ã 38 Evanston loam, 1 to 6 percent slopæ 18.4 '16,50/o 42 Fluvaquents, 0to 10 percent slopes 12.2 '10.90¿ 54 Grotte gravelly loam, 25 to 65 percent slopes 2.5 2.3o/o 92 Redrob loam, 1 to 6 percent slopes 12.3 1'l.go/o 120 V\hter 5.3 4.8o/o Totals for Arêa of lnteÌest llr.6 100.0% USDI\"*Natural Rerources Conservãt¡on Service Web Soil Survey National Cooperative Soil Survey 5t3na1B Page 3 of3 13. Land Use Development Code 7-107 - Provide a statement detailing whether or not the access, from the State Highway to the Contractor's Yard meets Table 7-107 ol the Land Use and Development Code. Access to the Contractor's Storage Yard will be provided by a driveway that exceeds the requirements in Table 7-107. CDOT has dictated the driveway access from Highway 82 to be 25 feet wide and paved tor 20 feet. The remaining driveway to the storage yard will be about 40 more feet before flowing into the storage yard; driveway and storage yard will be gravel. There is a driveway that is already existing to the proposed small storage yard. AII driveways will be superior to the Primitive/Driveway, Semi Primitive or RuralAccess roadway standards in table 7-147 of the Land Use and Development Code. ÅtTA COMM¡TMñf'IT tld ReBublie filational Title l¡'lsurance tonnpany Schedulc A Order Number: BAL64û019Ë5 Froporty Ae9dress: 16695 HTGHWAY 82, CARBONDALã.' CO 81623 't" Effective Þate: 03/06i2t1t at 5:0û P'M. 2. Falicy to be ls$uêd and Fropos*d lnçured: 'ALTA" Loan Policy 06-17-06 Bundled rate includes allapplicable $600'000'00 endorsernents and one lax certiïicate Proposed lnsured: ÊAY EQUITY HÕMË LOANS, ISAOA,ATIMA 3. The e$täte or interest in ths land deseribed or referred to in this Gommilment and c*vered herein is: l\ Fee SimPle 4. Title tû the estatê or interêst eoversd herein i$ ât the effective date hereof vested i¡'l: BRUCË L. WOCID A¡,IÛ PAMELA A. WOOÐ 5. The Land referred lü in this commitment ¡$ descr¡bed as follows: A PAÊCËL ÛF LAND SITUATËD IN LTTS 6, 7 AND 19 üF SECTION 32" TOWNSH}P 7 SOUTH' RANGE 87 WESî CIF THË 6TH PRINCIFAL MENIDIAN, LYING SOUTHËRLY TF THE SCIUTHËHLY TIIGHT TF WAY LINE OF COLÛRADO $TATE HIGHWAY NO. 82, SAID PARCEL CIF LAND IS DËSCRIBED AS FÛLLOWS: BËGINNING AT A POINT ON THE ST]UTHãRLY RIGHT OF WAY LINË CIF SAID HIGHWAY WHENCE THË WITNËSS PTINTTCI THE NORTHWEST CORNËR ÛF SAIÛ SECTISN 32 BEAñS: NüRTH 79 ÛËGRËËS 57 MINUTES O2 SECüf{DS IVEST, 284.44 FEST AND NORTH 47 TEGRTES 04 MINUTES 14 $ECONDS WEST,2539'55 FEËT; THËIüTE SOUTH 79 DEGREËS 57 MINUTËS O2 SÊCONDS ËAST, 600.O0 FËËT ALCING THE STUTHTRLY NIGHT OF WAY LINE OF SAID HIGHWAY; THËhICE SOUTH CI5 DËGRçE$ 05 MINUTES 5Û SËCONTS WËST, 150'54 FËËT; THËNCË NOFITH 79 DËGREË.S 57 MINUTES 02 SËCT]NBS WËST. 612.99 FEET; THËNCE NORTH 10 DËGRFES 02 M'NUTËS 53 SECÕND$ EAST, 15O.OT FEET TO 'q POINT ON THË STUTHERLY NIGFIT OF WAY LINE OF SAID HIGHWAY, THË POINT OF BEûINNING. COUNTY TF GARFIELD STATE TF CÜLORANO ALTA COMM¡TMENT Old Republic National Title lnaurance Gompany $clredule A Ordet Nurnher: 8AL64û01905 Copyright 2006-2018 "American Land Title Association. All rights reserved. The uce crf llTic F+ril ls restrlctêd to ALTA llceneees and ¡\LTA memhers in good standing as af the date of use. Allolher uses are prohibited. Reprinted under license from the ,4merican Land Title Assoclatlon. -T ".1 À{ tr !{ f t.:.,1 ¡\t I J[t{ l} I't ¡ t.¡] .t1{q}i.: t¡Í ¡{}i\ì ffi .ALTA CÕRdNfiffMENT ûld Hepublie lråational Title fnsunance Coanpany Schedule B, Fart N (Requirernents) trder ù{u¡nber: Ê4L64001 905 All of the follorivirig F¡eqr¡ir*rnents ffust b€ ¡nef; ThisproposedlnsuredmustnÕt¡fytheÇompanyinwritingofthenarnecfanypartynêtreferredtointhis Gsmmltn¡ent who will oþtain an interest ¡n tire lan¿ or wfao will make a loan on the Lãnd' T'he oompany may Thên rnake add¡tional FequlrernenÌs or Ëxæpi¡om' Fay the agreed aûlounl for the estatë qr interest ts ba insured" Fay the prêmiums, fees, and charges lor the Poliey to the Company' Documents $atisÍaetory ro the etmBâny that convey the Title or crêate the Mortgage to be ¡nsuredu or both' must þe praperly aut6erized, e"ecui"d, delivered, and recorded in the Fublie Reetrds. 1. RELEA$Ë OF DEET OF TRUST DATED SEPTEMBËR 2?.' ?1T17 FROM BRUCË L' WOCIT AND PAMËLA A' WOOT TO îHE PUBLIC TRUSTEE OË GAFIFIËLI} CCIUNTY FOR THË USE OF ALFINE BANK' A TTLORANO BAî{KING TÛRFORATION TO SECURE THE SUM OF $$1f},OOT,OO fiEÇORDED SEPTEMBËR 28' ä017' UNDËH H ECEPTION NO. 8g?å-1J' 2.DEËD0FTRusîFHOMBRUCEL'wc0DANDPAMELAA'wcoDToTHËPUBLICTRUSTÊECIF GARFIËLD COUNîY FTH THE USÉ OF BAY EEUITY HOMË LTAN$ TT SËCURË THE SUM OF $60û'0CICI'ûT' NCITË: ITËMS 1.3 OFTHE SîANDARD ËXCEPTIONS AFIã HËRËËY ÐELËTËD FFOM THE MORTGAGËF'S FoLlcY'ITEM4OFTHË$TANÐAHDEXCEPTI0N$WILLBEDELETEÛUPONRËcElPT0FA SATISFACTORY LIEN AFFIDAVIT. FORM lOO WILL BE ATTACHEÐ TÛ THE MORTGAGEE'S POLICY WHEN ISSUËD. NoTË: ALL FARTIFS wlLL BE REQUIRFD To Sl$N THE LIEN ATFIDA\íIT AT cLÛSING" ÅLTA OOMMITMENT Old Republtc l'üational T¡t¡e ¡nsurance Cornpany $chedule E, parf ll (Excepilons) Order tlumber: ËALü400.l9t5 Tttis commitment does nst republish any covenants, condition, restrictior.l, sr limitatio¡r contsinèd in anydçcument refarrsd te in th¡s cçmmitme¡?t te the extent thel thê specific eovenant, conditlons, restriction, crlifi!¡tat¡on r¡iolates stâte or federal law based on race, color, religion, sêx, sexual orientation, genderidentity, handicap, familialsïatu*, sr national origin. 1' Any facts, righls, interÊsts, or claims thereof, not shorron by the public Records but that could beascêrtainÊd hy an inspect¡on of the Lând or that may be asserted by persons in possession rf thê tand. 2" Easements, l¡enå or eneunrbranees, or elaims thereol, not shox¡n by the publie Records. 3' Any eneroachment, eneumbrance, violation, varialion, or adverss eircumstance äÍfect¡ng the Title thatwould be disclssed by ân aecurate and comple¡e land sr.rrvey of The Land ãnd not shcwn by rhe public Records. 4' Any lien, or right to a llen, for services, labor or material heretofore or hereefter furnished, imposed by lawand not shown by the Fublic Flêcords. 5' Ðefect$' liens, êncunÌbrance$, adverge clainns or other rRatters, if anyn created, first appeâr¡ng in the publierecords or attaehing suhseguent to the effective date hereof but prion to thê date of tire proposed insuredacquires of record for valus the eslate or ¡nlerest er mortgage fhéreon coversd by this commitmêht. s' (a) Texes or assessments that are not shown as existing liens by the records of any taxing author¡ty thâîlev¡es taxes or asse$srnents on real property or by the Fublie Records; {b} proceedings by a puhlie agencythat Nnây reeult in laxes tr âsss$sments' or notices of such proceedings, whether or ñot shown by thgrecords of such ageney or by the pubiie Hecords. 7' (a) unpateñted mining elatms; (b) reservations sr exceptions in patents or in Acts author¡Eins the issuaneethercûf; {c} waler rlghts, clalms or tùtle to nater. B, RIGHT üF THÈ PROFRIËTOR OF A VEIN OA LODE TO EXTHACT AND REMOVE HIS OFIE THEREFRCIIVI,SþlOULt THE SAME BË FOUND TO PENETHATË tR INTEËSËCT THË PREMISES HËRËBv GRAf\tTEt,AND A FIGHT OF WAY FCIB DITCHES OF CANALS CTNSTRUCTED BY THË AUTHTRITY OF THE UNITËDSTATËS' AS RESERVED IN UNITED STATES PATËNT RËCORÐEÜ FEBfiUÂRY 09, 1898 lN BÛOK 12 AîPAGË ÆIå, ANÐ RECORÞËD JANUARY I8, ISO] IN BOOK 73 AT PAGE Så. $. RIGHT OF WAY AND ÊASËMENT FOR THE BASIN NITCH AS SHTWN ON ËNGLUNDiI\IOOfiËsutnlvlsÊoN FLAî ñËcûRDEn FËBRUÅÊY 1 â, i $s8 Âs R ËcËFîisfç r',rü. sir¿#as-&. 1Û. OVËRHEAD ËLËCTHIC LINE AS SI-IOWN ON ËNGLUNDÅ¡CIGRg $UBDIV¡SION FLAT ftËCTRDËDFËBRUARY 12, lssB UNDER RËCEPTION Nt. gfi-{å?.g&" I T' CLAIMS OF HIGHT, TITLË ANDIÖR INTËRËST IN THË PROPERTY BEîWHHN ÏHË BCIUNDARY LINE ANDTHË ËÊh¡CË AS DËPICTËD ON TI-{E PLAT PREP,qRËD BY EOPRIS ËNüINEËRING LLC, RETÕHDËDFEBRUARY 12, 1998 AS RECEPTION NCI. $¡åËJ-.96 WHETHER SAID cLAIMs ARISË BY,ABANDONMENT,ADVEBSE FOSSESSICIN TR OTHER MËÅNS. ALT,A C'MMITMEî\¡T Õtd Repuhlic National T'¡tle lnsurance tompany Schedule B, Fart ll (ExcePtions) Order Number 84L64001905 12'TEHMS,cÕNDlTlol,{s,PRoVlSloNsANDoBLlGATloNsÛFAMENDEÛMEMOÊANÐUM0FWATËR ALLCIîMEr'{T CçNTRACT RECORÐËD FEBRUAÊY 14, 2OTS AS RECEPTITN NO' 3448ä*' ALTA COMMITMET{T Old Hepublic Frletio¡?al Title lnsurance Cornpany Sehedule A 0rder Number: BAL6400'!9Û5 Property Âddress; 16635 HTGHWAY 82, CARBONDALH' CO 81623 1. Éffectiva Ðate: 03/0612û18 at 5:üü F.M' 2. Palicy to he lssued and Propos*d lnsured; .ALîA-LoanFolicyCI6-17-0ÕBundledrateincludesallapplicable$600'00CI.0Û endorsementç and one tax certificate Prcposed lnsured: BAY EQUITY HÛME LOAN$, ISAOA,ATIMA B. The sstâtÈ or ¡nterest ln the land described cr referred to in th¡s gommitrnent a¡ìd ctvêred herein is: A Fee SimPle 4. Title lo lhe e$fale or interêst csvered herein is at the elieetive date heretf vested in: ËRUCE L. WOOD ANÞ PAITTLA A' VVTOD 5. Tþ¡c Land referred t0 in this G*mrfiitment is deseribêd as foilavøs; A PAËGËL OF LAND SITUATËD IN LOTS 6, 7 AND 19 OF SECTION 3?, TOWNSHIP 7 SÜUTH' RANGE 87 WËST OF THË 6TH PRINCIPAL MEIìIDIAN, LYING STUTHËRLY OF THE SÛUTHËRLY RIGHT CIF WAY LINF OF CCILOFtAÞO STATE HIGHWAY NT. 32, $Ê\ID PARCEL OF LAf\iD IS DËSCNIBED AS FOLLÛWS: BEGINNING AT A POINT ON THË $OUTHERIY HIGHT OF WAY LINE OF SAID HIGHWAY WHENCË THE WITNESS FüINTTT THE NCIRTHWEST CORNFR CIF SAIÐ SECTIÛN 32 BËARS: NCIRîH 79 TËGNËËS 57 MINUTËS 02 SECTNDS WEST, 284.44 FEËT AND NORTH 47 DËGRËES T4 MINUTE$ 14 SËTONÐS WEST, 2539.55 FEET; THËNüE STUTH 73 DESRËËS 57 fuIINUTEg O2 SËCÛNDS EAST, 6TO.OO FËËT ALONü THE STUTHËÊLY RIGHT OF WAY LINË ÛF $AID HIGHWAY; THËNCË.$CIUTH O5 DËGRËËS T5 MINUTËS 5Û $ECOND$ WËST, 15CI'54 FEET; THENCË I.{OÊTH 79 NEGHEES 57 MII'{UTËS Û2 SECONDS WTST' 612'99 FEET; THENCH NORîH 1Û DEGREES Û2 MINUTES 53 SECONDS EAST, 15ü'00 FEËT Tt A p0lNT ÛN THË $OuTHERLYRIGHTÛFwAYLINE0FSAIüHIGHWAY,THEPOINTOFBEGINNING. COUNW OF GARFIFLD STATË CIF COLCIRADCI ALTA COMMITMENT Old Republlc Natlonal Title lneurance Conrpany $chedule A Ordar Nurnber: Ê4L64{l0l 905 copyright 2006-2018 American Land rtle Association. All rights reserved. The u$o of this Forrn is restricted to ALTA licensees anc{ ALTA rrrërnbers ln goad Ëtånding as of ihc date ct use. All other uses are prohibited. Reprinled under license from the American Land Title Association. n rt&tl:$tfL¡\N fut.|.'ltl ¡tåi-ìl A\\(u, tÀT{{t$ ffi .eLTA CtnfiñdtTlrñËruT tld Repubåic È{alional Tit¡e lnstlrtrlce Õompany Sclred¡¡le B, Fafi I (frequirernents) Order FNumbel'; 8AL640íJ1 905 Ål¡ oi thê fallowing Ë¡Ëqu¡rënlenis musi be ffie¡: îhls proposed lnsuned must ñot¡fy the cornpany in writing nf the na¡r¡e of any party noT referred t* in this ËornrnÍtrneslt $rh$ $rill oblain ån ¡nTerest in tile tand or who wilt rnake a loan on the Land' The Çornpany n'tay then make add¡t¡tnıl Requirements er Êxceptions' Pay the agreed â¡ïetunt lor ths ectate or interest to l¡e insured' Fây thB premiums, feesu and charges ftr thê Poliçy tCI the ÇCImpany' Ðscuments satlsfãctory ro the tompany thåt convey the Title or ercate the fdlortgage to hö insuredn çr both, rnust he properly authorized, exeeuted, delivered, and recsrded in the Public Records' 1. RELEi\SF SF DEET QF TRUST DÂTED SËPTEIUBER 22,2T17 FR{]M SRUCË L' lVÛüD AND PAMELA A' WTOT îÛ THË PUBLIC TRU$TËE CIF GARFIELÞ COUNTY FOR THÊ USË CIF ALPINË BANK' A TSLORADO ËA}.IKINü üORPÜRATION TO SÉTUHE THE SUM OF $S1Ð,OTÛ'üO RECCIRDËN SEP'TÉMBHfi 2B' 2i]17' UN DER RËTËPTION NO. JB]}11ä. ?.. nEgD 0F TRU$T FROM BRUCH L. woOD AND PAMELA A' WtoD To THË PUBLIC TRUSTFE ÛF äuniruio courvrv ËoR THE usr ûF BAy Êeurry Horvlc LoANs rt sËcuRE THË suM oË $ô00'û0û-0û' NOTE: ITËfrilS 1.3 ÜF THE S ANDAHD EXCEPTIONS ARF HËRËBY ÜFLËTET FROM THË MORTGAGEE'S PoLICY. lTÊM 4 ÛF THË sTANDARÛ EXCEPTIo¡¡s WILL HE DELËTÊD UPON RËCç|PT tF '\ SAîISFACîORY LIEN AFFIDAVIT, FCIRM 1ÛO WILL BE ATTÂÇHED TÛ THE MORTGAGTË'S PCILICY WHËhI lssuEn. FloTË:.qLL PARTIËúq wlll- BË REQUlRrn TCI slGN THE LlËN AFFIDAVIT AT CLOSIbIG' ÅLTA COMMiTMENT üld Republlç l{ational Tltle lnsurance Éornpany Schedule B, Fart !l {Exeepticns} Order Number: 84L6400i905 Ïhis comrnitment doss not republish any covenants, condit¡on! rêstrict¡ûn, or limitation contû¡ned ¡n any document reÍerred rs in th¡$ comm¡tment lo the êxtent that ths spec¡f¡e rovgnant, condltions, restr¡cticn, or l¡mitat¡on violates state or federal law based on l'âcè, coloro religion, sex, sexual orientaticn, Eenderidenlity, handicap, familial status, or nationêl origin. 1' Any facts, rights, ¡nterests, or elairns thereof, not shown by the Fublic ñecords but thãt could f¡e ä$certâinêd by an inspection of the Land or that may be asserted by persons in possession of the Land. A. Ëå$Ements, liens cr encumbrånces, or claim* thereof, nûl shrwn by the public Heco¡ds, 3' 'Any encroathrnêñt, encumbrance, violatiûn, variation, or adverse elrcumetance affectüng the T¡ilè that urould be di*elosed by an aecurate and cornplete land survey of the Land and not shown by the public Records. 4. Åny lien, er right to a lien, for serviceso labor or material heretofore sr heneafter furnished, lmposed by law ând nôt shoufl'¡ þy the Fublic Records, 5' Defects, lien$, encumbrances, adverse ctaims or other matters, if any, created, first appear¡ng ¡n the public records on attaching subsequent to the effeclive date hereof but prior to the dâte of tíre proposed insured acquires of record for value llîs estãte or interêst or mðrtgage thereon covered by th¡s Commitmenl. 6. {a} Taxes or a$sêssments that are not shown as existing liens by the records sf any taxing âuthor¡ry that levies tüxes or assêssments on real property or by the Publie Êecorde; {b¡ proceeJings Uy a public agencythât rnây re$ult in taxès or âËssssrnents, on notices of ruch proceedings, whether c, not sho*n by therecçrds of such asenûy or by the public Records. 7' (a) Unpatented rnining cla¡rils; (h) reservat¡ons or exceptions in patents or in Acts autlrcrizing the issuance thereof; tcj water rights, elaims Þr t¡tle tÐ water. 8. RIGHT ÖF THE PHOPRIETOËì OF A VEIN CIR LODÊ TCI IXTRACT ANN RFMOVE HIS OñE THEREFRTM. SHOULD THF SAMË BE FÕUNP TT PËNËTRATE OR INTERSECT THE PREMISES HEHEBY GRANTEÛ, AND A RIGHT OF WAY FOR DITCHES OR CANAL$ ÇONSTRUCTËD BY THE AUTHOHITY OF THE UNITEN $TATË$, AS HESEFIVED IN UNITEN STATES PATENT RECÕHDED FEBFTUARY ü9, 1898IN BTOK 1â AT PAGE SI3, ANT RECORDËD JANUARY 18, 1SCI1 IN BOOK 73 AT PAGE -ï:i.. 9. RIGHT ÛF WAY ANÞ EASEMENT FOR THE BASIÞ.I TITCH AS SHüWN ON ËNGLUND/MOCIRË $UBD¡VI$IÛI{ FLAî HTCÛRNET FËüNüÅRY 12, 193ü Ag F{ËCËFT1CIN r.¡Û. *3ç**iå. 1O' ÛVËFHFAN ËLËCTËIIC LINË A5 SHOWN ON ËNGLUNT/i!1ÛORÊ SUBNÍVISION PLÂT RECTFDËA FËFRUARY 12, 1s98 UNDËH HËCËpTtON N{).så*ä$"s". 11. CLAIMS OF FIGHT, TITLË ÂND1OR INTEREST IN THË PROFËRTY BËTWÊEN THE BOUNDARY LINE ANDTHE FENCF AS NEPICTËD ON THF PLA'T PREPARËD 8Y $CIFRIS ËNGINEERI'\JG LLC. RECTRNËN FFßRUARY 1ä, 1998 Âs rìEtEPTlÐN NÕ. -$ÉJ].iå.?ff wHËTHER $AtD cLatms AFtsË By ABANDONMENî, ADVËHSE PTSSESSITN CIR OTHËR MËANS" ALTA COMMITMEhIT OÍd Republic Nationa! Titlo lr¡surance Company Schedule B, Part !l (ËxcePtlons) Ordar f{umber: BAL640û1905 12.TËR|\¡S, CONDIîITNS, PROVISIONS ANÐ TBLIGATIONS TF AMFNDEÐ MEMOFANDUM TF WATER ALLOTMENT CQNTRACT RECORDED FËBRUAHY 14, 2Oü8 AS HËCEPTION NO' 34.88ä$' /'r (-\ ALTA OOMNñffMENT Qld Republic National Title lnsurance tom¡:any Schedr¡le A Order Nu¡nbar: F4L64001905 Froperty Address: 1ıÊ95 HIGHWAY 82, CARBÕNDALE' CO 81643 1. Ëffective taTe: 03/06/2018 ar 5:0Û F'i\¡t' 2. F*licy to be ¡ssuêd and Fropesed lnsured: 'ALTA'LoanPolicy06.lT.06Bundledrateincludesallapplicable$6Û0,000'00 endorsemenlt and one tax certi{icate Proposed lnsured: BAY FQUITY HOMË LCIAF¡S, ISAOA,ATIMA 3. The estate or ¡nterest in the land described or referred to in this commitment and covered herein is: A Fee SimPle 4. T'ille tü rhe estate or intereÊt covered herein ¡s ãt thê effectivs date hereof vested in: BRUCÉ L. WCICID ANT PAMFLA A' WOCID s. The Land referred to ¡ñ this coffirnitmërìt is deseribed as lollo¡rus: A PARCEL ÛF LANN S|TUATËN IN LOT$ 6,7 AND 19 TF SECTIÛN 32' TI}WNSHIP 7 SÛUTH' ÊANGË 87 WEST OF THE 6TH PRINCIFAL MERIÞIAN, LY¡NG SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LII{E tF COLÛRADO STATE HIGHWAY No. 82, sAlD PARCEL oF LÂND ls nË$CHIBED As FOLLCIWs: BËGINNING AT A FCIINT ON THE SOUTHERLY RIGHT TF WAY LINE OF SAIT HIGHWAY WHENCE THË' WIîNE$S POINT TO THË NORTHWEST CTRNER OF $AID $ECTION 3Ê BËAH$: NORTH 79 DËGRËES 57 MINUTES 02 SECTNDS WË$T, 284.44 FEËT AND NÛRTH 47 DHüREES Û4 MINUTFS 14 SËCCIT.{DS WËST,2539.55 FËET; THENCË STUTH 7S OEGËEËS 5? MíNUTES Û2 SËCÛNÛS ãA$T' 6ÛO'0ç FËËT ALONû iHE SOUTHËFIL1" HIGHT ÛF WAY L¡NE OF SAID HIGHWAY; îI.IENCË STUTH 05 DËGRËES 05 MINUTËS 5T SECONDS WEST' 150'54 FËET; THËNCË NORTH 79 DEûHEES 57 MINUTES Û2 $ECONNS WEST' 6'12'99 FËET; îHENCENORTHl0DËGRËES02MINUTE$53sËCoNDSË4ST,150.00FEËTToAPCIINT0NTHË SOUîHERLYRIqHTCIFWAYLINËTFSAIDHIGHWAY,THËFOINTOFBEGINNING' ÛÕUNTY OF GARFIELD STATE CF COLORADO ALTA COMMITMENT Old Republic National T¡tle lnsurance Cornpany $chedule A Order Number: 84L640019G5 topyright 2006-2018 American Land ritle Assocíation. All rights reserved. The use of this Form iç reslricled lo ALTA lir:ensees ancl ALTA memberc in good ãTanding as cf lhe dale of use. Allother uses are prohibited. ReprinTed under license from lhe American Land Ttle Association. - ;\sttilì1ilÂN {"¿ft t.} l'tï É li .4\ì¡1$'l.tf t{.}i* ffi ALT'A TTMNA¡TMËfTT ûld ReBub!üe National Title insurance Sompany Schedu¡le ts, Fart I {Requirennentsi ürder il{u¡nlrer: EAL640Û1 9Û5 Alt sf the ioÍiowirrg ÊsquircffentÈ rÛust be rÛee: L. 1 This proposed lnsured naust notily t!'le Çompany in writing of the name cf any pafty not reforred to in this te¡¡.¡mitmemt rrulxr w¡ll ebtain a¡r interest in the Land or who wili mak* a loar¡ on the Laíld. The *ompany may Tf¡en n'¡ake additisñal frlequírernents or Exceptions" Fay the agreed amour'Ët for the estats sr interest tÛ be ínsured' Fay the premiums, fees, and charges for the Foliey ts the Company' Ð**umsnts $at¡sfaetory tû the ürmpâny ¿hât cûnvêy the Titlê or erëöte tñTe frñort6age ts he i¡lsured, or both' mr¡st bê pneperiy authorized, execuïed, delivered, and neeorded ir'¡ the Fublic Reesrds' RËLEA$E OF ÞEËD TF TFUST DATEN SEFTËMBËR 2'','rA17 FRCIM BRUCË L' WÜCID AFIT PAMËLA A' WÕÕD Tt THE pUELtC TRUSîEH CrF GAHFIËLD ü()Llt{-lY ËÐR THË U$Ë OF ALPINE BANK, 'A üÛLOR/\DÛ BAïIK|NG CtRpüRATION TÕ SETUHE THE SUfrll ÛF $8xr',0ÛÛ'{if} RËCÕnÐËt SËPTËL4BËÊ 28' 2Û17' uhtûËFr REtËPT|Oh, Nt. âËËü:1t¿. DËËD CTF TRU$T FRCM üRIJCË L. WOON AND PAMELA A. WOûÛ TO THË PUFLIT TRUSTTE TË GAHFIELD COUNTY ËSÊ THË U$Ë üF BAY EüUITY HCIMË LCIAN$ TÕ $ËCURË THE SUM OF $SÕT'ÛOO'CIÛ' NOTË: ¡TEMS 'Í-3 ÛF THE STANÐARÞ EXCEPTIONS ARË HÊREBY DËLËTED FROM THE MORTGAGEË'S PCIL¡CY.lTËful4ÕËTHË$TANDARnEXÛËPTIÜNSWILLBËDËLETËDUpONREcËlPTtFA SAîISFACîORY IIEN AFFIDAVIT, FORM 1ÛO WILL BE ATTAÇHËN TT THH MORTGAGEE'S POLICY WHËN ISSUED. tJCITË: A!-t PA.RTIES WILL Ëg REQUII1ED TO SlçN Tl*lE LlËl{ ATFIDAVIT AT CLOSING' ALTA OOMMff'nÍE¡\¡T CIld Republic NationatTifle lnsurance Çompany Schedule B, part l¡ (Exceptions) Order ñ¡umber: 84L640t1905 This commitrnsnt do*s nßÎ republ¡sh any cevenants, eonditionn restr¡otion, or lirnitation contained in anydscument referred to in th¡s csmmltment to the êxþnt that the specific covenent, conditionso restr¡ct¡cn, orlirilitation violates state or federal law based on trace, color, religion, sex, sexual orier¡tat¡on, gender identity, handicap, familial status, or national origin. 1" Any faets, righls, ¡ntêrests, or claims thereof, not shown by the publie Heeords but that eould be asoêrtâ¡¡xed by an inspection of the Land or thât may be assÞrTed by persons in possession Ðf the Land. 2" Eâs$fiEnls, liens or encumbrances, or eiaims thereof, not shown by the Fuhtic Fleeords. 3. Any sneroâchrnènt' encumbrance, violation, variation, tr advêrce circumstanre affectinE the Title that would be disclosed by an accurats and ccmptete land survey of the Lând and not shown by the Fublic Records, 4' Any lien, or right to a lien, for services, labor or matêr¡a! heretofore cr hereafter f[rnished, irnposed by lauv and noi shown by the pr.lblic Hecords. 5. Ðefeats, lien*, eneumbrsncesn adverse claims or other m&tters, !f any, created, first appear¡ng ¡n the public necords or attaehing subsequent to the effective dâtê hereof but prior to the datê of the propoeêd insured acquires of record for válue the estate or ¡ntêrest ûr mortgãgê thsreon covered by this cÕmm¡tment. 6" {ðl Taxes or åssessrnents that arÊ ntt sltorsn as existing liens by the records of any taxing authority thât levies taxes or assessments ôn real property or by the Public Records; {b} proceedings by a publie ag€ney thât rrlay reÊult in taxês or a€sessmentsu Gr nûlieês of such proceedirrgs, whêther or not snown ny tnårecords of such sgency or by the Fublie Reeords. 7' {a} [,Jnpatented rnining claims; (b] reservations or exeeptions !n patents or in Acts authff¡z¡ng the issuanee thêreof; (c) water rights, elaime rr l¡tlÊ to water. 8. RIGHT OF THE PNCIPFìIËTCIR ÛF A VËIN OR LCIÐË TO EXTRACT AND ËËMCIVË HIS CRÊ THEREFROM. $HCIULD THg SAME BË FOUND TO FENËTRATF OR INTËRSECTTHË PFTEMISES HËRE$Y GRANTED,AI\D A N¡GHT OF WAY FÛH DITCHES OÊ CANALS CONSTRUCTED BY THË AUTHORITY OF THE UNITEDSTATE$' AS fiESËRVËD IN UNITÊD STATES PATENT RECORDFD FEBRUARY CIg. 1898 I$¡ BOTK 12 AîFAGË I¿Iå, AND RECORDED JANUARY 18, -1S01 IN BOOK 73 AT PAGË iT3. 9. RIGHT ÛF WAY ANÐ EASEMEhIT FTR THË BASIN DITCH AS SHOWN ON FNGLUND/MOÐRË $UBÐIVISIÜN PLÅT RETTRDED FËBRUAHY 12, I998 ÅS ftËÜËPT¡Tf.{ NT. SSS,ê$S. 1Û' OVERHEAO ELEÛTRIC LINË AS SHOWN ON ËNGLUNDiI/ìOORE SUBDTVtStCIN pLAr AECORrEn FËBRUARY 12, 'leSB UNDrE RECËPT|ON NÕ. S4çÊSê. 11' CLAIMS OF HIüHT, TITLEANDiOH INTERËST IN THË PRCIPFRTY BETWEEN THE BOUNDAÊY LÍNE ANÐTHE FENCE AS DEPICTED Df{ THE PLAT PREPAHËü BY SOPRIS ENGINEERING LLC, HËCORÞËD FËËRUARY 12. 1998 F,S RFCËPTION No. $g$åÊ& WHETHËR SAID CLAIMs ARI$E By AB,ANDONMENT,ADVËRSE FOSSËSSION OR OTHER MËANS. ALTA CÕllüMffi'MË}'¡T Õld Republlc hlational Title Insurance Cornpany Schedr¡le B, Part ll (ExcePtions) Order Number: BALö400'19Û5 12. îERM$, TÛNDIîIONS, PRCIVI$ITNS AF¡D OBLIGATIÛNS ÛF AMËNDFD MËMORANDUM OF WATETI ALLOTMENT CONTRACT RËCCIRDED FEERUAFY 14, âOO8 AS HËCEPTION NCI' î-qåêä&' Patrick Waller From: Sent: To: Subject: Pam Wood <pwood.aia@gmail.com> Tuesday, August 21,20182.,29 PM Patrick Waller Re: Review of the Wood Contractor's Yard Hi Patrick, You now have the full survey of the property, which we dropped off on 8ll0ll8, from when we purchased back in September. I have attached the enhanced site plan with all requested parts identifiable. Let me know if you have any questions or have trouble viewing the site plan. Regarding your items in your previous email: 1. As we discussed when we reviewed the survey, the boundary line is not an issue as our current survey shows the property line within the existing fence. V/e will erect a new fence along our contractor's storage yard to provide screening since the existing fence is down a slight hill from our yard. 2. The calculation of the contractor's yard areain acres, does that need to include the proposed building area? The total contractor's yard area is .24 acres including the building, if the proposed building is not included then it would be about .17 acres. I think it is best to include the building area, if we do not immediately move forward with the building the yard area will remain consistent. 3. Applicant is requesting a waiver of the submittal requirements: a. Site Plan - waiver requested of 4-203-A-2 b. Grading &.Drainage plan - waiver requested of 4-203-E c. Traffic Study - waiver requested of 4-203-L Do we need further details of the waiver requests or is the above sufficient? Should we separate them to be sent to the individual departments? Is there anything else we can do to help us obtain approval for our small contractor's storage yard application? nced Site Plan.pdf We look forward to your reply Best Regards, Pam Pam'Wood pwood.aia@gmail.com 970 379-3591 On Fri, Aug 10, 2018 at 5:06 PM, Patrick Waller <pwaller@garfield-co wrote Sounds great Pam. Have a nice weekend. 1 x n of Road ll i lt ilt? il ,#í Old Colorüdo -ltøte å lJ lE5'-¡ t &iRf4 a 7rıro8'.9 t î rI fr It .'-"'å-.. s..".. 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