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HomeMy WebLinkAbout2.0 Staff Report AA 07.16.2018Directors Determination - Staff Report Exhibits Laybourn ADU Administrative Review Applicant is Royal and Lezlie Laybourn July 16,2018 (File GAPA-06-1 8-8655) Exhibit Number Exhibit Description 1 Public Hearinq Notice lnformation Form, Dated June 19,2018 2 Mail Receipts 3 Well Permit Number 105861 4 Referral Comments from Andy Schwaller of the Garfield County Buildins Department, Dated June 15,2018 5 Referral Comments from Justina Mickelson of the Division of Water Resources, Dated June 15,2018 6 Referral Comments from Mike Prehm of Garfield County Road and Bridge Department, Dated June 18,2018 7 Referral Comments from Chris Hale, Mountain Cross Engineering, Dated June 21,2018 I Referral Comments from Bill Gavette, Carbondale & Rural Fire Protection District, Dated July 9, 2018 I 10 PROJECT INFORMAT¡ON AND STAFF COMMENTS Laybourn ADU GAPA-06-18-8655 July 16, 2018 DP Administrative Review Land Use Change Permit for an Accessory Dwelling Unit (ADU) Royal and Lezlie Laybourn The property is located approximately 0.75 miles east of the Town of Carbondale with access off private roadways and County Road 100. The address is 181 County Road 100, Carbondale, CO 81623. Section: 35 Township: 7 Range: 88 A TR lN LOTS 4 & 10 SEC 35 known by Assessor's Parcel No. 239335200055. Approximately 1 4.7 54 acres Rural TYPE OF REVIEW APPLTCANT (OWNER) LOCATION LEGAL DESCRIPTION ACRES ZONING I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 14.754 acre parcel located within the Rural zone district. As the property is over 4 acres, the ADU is limited to 3,000 square feet. The Garfield County Comprehensive Plan identifies the property as Low Density Residential. Access to the site is an existing driveway and private roadways from County Road 100. The site has adequate areas for off-street parking and snow storage for the proposed ADU and other existing uses on the property. The proposed ADU is currently existing and is located adjacent to the primary dwelling unit. According to building permit records, the structure where the ADU is located was built in 1993 and was intended at that time to be used as a garage with storage. The current owner has represented that the ADU was constructed when they purchased the property in 2002 and has been used as a rental property since at least that time. On March 1,2018, the owner received a Notice of Violation (NOV) from the Garfield County Code Enforcement Officer regarding the unpermitted ADU. This application is to rectify that NOV. An existing shared water well, shared private access drive, and existing shared Onsite Wastewater Treatment System (OWTS) have been proposed to serve both the primary and Accessory Dwelling Units on the property. II. DESCRIPTION OF THE S¡TE The property is located approximately 0.75 miles east of the Town of Carbondale. The property is accessed off a private access road from County Road 100. Uses within 1500 feet include primarily residential and agricultural. The property currently has a primary dwelling unit built in 1979 and a garage and storage building (ADU is located within this building) that was built in December 1993. Vicinity Map qr*rü Hwy 8ä cR. 1t0 Subject FarceI Tor,m of Carbt¡ndale -:- r ttãüthtt tat ü-þ ! \* kt' % t 2 Aerial View of Subject Garage / ADU Driveway Access Primary Dwelling Unit Subject Property J Site Plan III. WA¡VER REQUESTS FROM STANDARDS The Applicant has not requested any waivers from the Standards. IV. AUTHORITY - APPLICABLE REGULATIONS A. The Land Use Tables contained 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. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. 4 Garage I ADU øtL mtctlt $twßtor rtatt E ta|t w¡ÐtNtãItN I Primary Dwelling UnitWgEtLNnrûqwt â'I,ERI¡VENTwt . ¡. . rr.\ þ¡¿ tffiN tof &llrMl &Úaww t 9a an, 't_ t-û ô wúa gË¡Ë rûc i ,, -- -.sÆr¡Ãf_nÆ sa¿ERrùcNrvr2 Shared Roadway to CR 100 óalEn$€.¡rLtr vøn@a at to,¿o, d6r mtotrr. t :b Èh EãI" ---J wttt SI'IELM'M.tßa t a,#,a.l*l w a ry ¡ ¡¡ ô ña'DÑffiffiwG5¡ rug¡4LaltlE iEmmdffi C. The Application submittal requests two waivers from submittal requirements. These waiver requests are from submittal requirements included an improvements agreement and development agreement. Submittalwaivers have been accepted as part of the completeness review. D. 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 io Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL 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. Public and referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering (Exhibit 7): 1. The Appticant submitted an application for a well permit. The Applicant should forward an approved permit once it is received and a permit should be a condition of approval. 2. The Appticant should provide water quality fesf resu/fs for the well. B. Garfield County Road and Bridge (Exhibit 6): Road and Bridge has no concerns with the request. C. Garfield County Building Department (Exhibit 4): The Building Department noted that the structure where the ADU is located will need to obtain Building Permit for that use. D. Colorado Division of Water Resources (DWR) (Exhibit 5): DWR provided the following comments: The proposed ADl.) would be considered, for the purposes of well permitting, to be an additional single family dwelling. The current Well Permit No. 105861 restricts the use of the well to one single family dwelling. Therefore the appticant, in order to serue the accessory apat'tment, must obtain a new well permit that allows the well to be used for the additional purposes, which requires a plan for augmentation' The ADIJ proposal indicates that the applicant has submitted an application 5 for a water allotment contract with the Basalt Water Conservancy District. After the application for a water allotment contract has been approved the appticant may submit an application for a non-exempt well permit to this office to operate the wellfor alluses. As long as fhe applicant obtains a well permit that allows for two single family dwellings, this office would have no obiection to the well alsa seruing the proposed ADU. VI. STAFF ANALYSIS Article 7, Division 1: General Standards '1. Section 7-101: Compliance with Zone District Use Regulations The development on the property is in general conformance with the dimensional standards for the Rural zone district. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs The County Comprehensive Plan identifies the property as Residential Low Density. lt is Staff's opinion that the ADU is in general conformance with the goals and objectives of the Comprehensive Plan. 3. Section 7-103: ComPatibilitY The proposed use is located in a rural area outside the Town of Carbondale and is unlikely to significantly alter or impact the character of the area as the ADU is currently existing and the structure has been in place since 1993. The areas surrounding the subject property are predominantly residential and agricultural in nature. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The ADU is to be served by an existing well on the property. This well, Permit Number 105861 (See Exhibit 3), states that it is "Approved for domestic use, including the irrigation of not over one acre of home gardens and lawns." The Applicant has represented that the application process has been started to augment the well to obtain a well permit that allows water use for the ADU. An application has been provided that was submitted to the Division of Water Resources to obtain a well permit that can serve both the primary and accessory dwelling unit on the property. Since this new well permit has not yet been obtained, Staff recommends a condition of approval that prior to issuance of the Land Use Change Permit, the applicant obtain a final issued well permit that is legally able to serve the ADU. The application was referred to the Division of Water Resources (See Exhibit 5). These 6 comments are as follows The proposed ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. The current Well Permit No. 105861 restricts the use of the well to one single family dwelling. Therefore the applicant, in order to serve the accessory apartment, must obtain a new well permit that allows the well to be used for the additional purposes, which requires a plan for augmentation. The ADU proposal indicates that the applicant has submitted an application for a water allotment contract with the Basalt Water Conservancy District. After the application for a water allotment contract has been approved the applicant may submit an application for a non-exempt well permit to this office to operate the well for all uses. As long as the applicant obtains a well permit that allows for two single family dwellings, this office would have no objection to the well also serving the proposed ADU. Water quantity testing revealed that the well averaged 18 gallons per minute over the 4.5 hour pump test. The pump test, which was conducted on July 8,2017 by Samuelson Pump Co., lnc., did not note a specific pumping period. The Applicant has provided a statement indicating that the pump test was for 4.5 hours which exceeds the 4 hour minimum requirement. Based on these representations, it is Staff's opinion that the well produces adequately for the use. The Applicant has requested that the water quality test be conducted as a condition of approval. Staff recommends that a water quality test be conducted in accordance with the requirements of Section 4-203(MXlXbXSXc) of the LUDC prior to issuance of the Land Use Change Permit. The results of this water quality test should be reviewed and accepted by the Garfield County Community Development Department and the County designated engineer. Should any water treatment measures be necessary in order to meet Primary Drinking Water Standards set by the EPA, those improvements are recommended to be installed prior to issuance of the Land Use Change Permit. 5. Section 7-105: Adequate CentralWater Distribution and Wastewater Systems The Applicant is proposing to utilize an existing Onsite Wastewater Treatment System (OWTS) for the ADU. This system is currently shared between the ADU and the primary dwelling units. The existing septic system was installed and permitted by Garfield County in 2011 under Permit Number SEPT-9-1 1-2220. According to this permit, the system is able to handle up to 5 bedrooms. Based on the Applicant's representations, the primary dwelling unit has 4 bedrooms while the ADU has 1 bedroom (a total of 5 bedrooms). Based on the issuance of this permit for the system and that the number of bedrooms served by the OWTS does not exceed 5, it is Staff's opinion that the wastewater disposal meets the Code requirements. 7 6. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist at the subject parcel 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (See Exhibit 6). Mike Prehm of Garfield County Road and Bridge indicated Road and Bridge has no concerns with the proposed ADU. b. The Applicant has stated that the driveway and private access roads meet the design standards found in Section 7-107. c. The property appears to have legal access via private easements from CR 100. 8. Section 7-108: Natural Hazards No natural hazards have been identified on the subject parcel 9. Section 7-109: Fire Protection The impact area within the subject parcel has been identified as being predominantly Not Rated with a small area as having a High level of Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection Plan. The parcel is located within the Carbondale Fire Protection District service area. The application was referred to the Carbondale Fire Protection District, however, no comments were received. As the wildfire hazard is not considered Very High, it is Staff's opinion that wildfire hazard in this area is within manageable levels. Article 7, Division 2: General Resource Protection Standards 10. Section 7-20l Agricultural Lands The proposed development is within an existing garage structure on the subject property. It is not anticipated that the proposed development would adversely affect neighboring agricultural uses or agricultural uses on the subject parcel. '11. Section 7-202 Wildlife Habitat Areas As the ADU is proposed to be within an existing garage structure, wildlife impacts are expected to be minimal and similar to those associated with a single family residence. As a result, no significant impact to wildlife habitat is expected. I 12. Section 7-203 Protection of Waterbodies As represented, the garage where the ADU is to be located is more than the required 35 feet from an ordinary high water mark associated with a Waterbody as defined in the LUDC. As a result, this standard is satisfied and no excessive impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion As both the primary and garage structure where the ADU is to be located obtained building permits from Garfield County, positive drainage away from these structures was analyzed at that time. As the driveways and structure are currently in place, no significant change to the topography or drainage from the property is expected. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. lmpacts to water and air quality are expected to be minimal and similar to those associated with a single family residence. 15. Section 7-206 Wildfire Hazards The impact area of the subject property is identified as Not Rated with some locations identified as High according to Map 7, Wildland Fire Susceptibility lndex of the Community Wildfire Protection Plan (CWPP). ln addition, no slopes over 30% have been identified and no fire chimneys are known to exist on the property. As a result and since no portion of the property is identified as being Very High, it is Staff's opinion that the wildfire hazard in this area is within manageable levels. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no natural and geologic hazards have been identified on the subject property. 17. Section 7-208 Reclamation Minimal, if any, disturbance is anticipated as a result of the proposed ADU. The driveways are in place and the structure to be designated as the ADU is existing. Article 7, Division 3, Site Planning and Development Standards 18. Section T-S0l Compatible Design It is Staff's opinion based on representations in the application and since the residential ADU is to be located within an existing garage structure that this residential use is 9 generally compatible with surrounding residential and agricultural land uses. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit. 20. Sections 7-303 Landscaping Standards: The LUDC specifically exempts ADUs from Section 7-303. 21. Section 7-304 Lighting: Staff recommends a condition of approval that any exterior lighting comply with the Standards outlined in Section 7-304. 22. Section 7-305 Snow Storage Standards: The property has adequate snow storage areas that are in compliance with County standards. 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed Article 7, Division 7, Accessory Dwelling Unit 24. Maximum Floor Area As the property is over 4 acres, the ADU is required to be limited to 3,000 square feet. Staff suggests a condition of approval that the ADU be limited to 3,000 square feet or less in size. 25. Ownership Restriction The Applicant understands that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. 26. Compliance with Building Code The structure where the ADU is currently located was built as a "Garage/Storage" building under Permit Number 04980 and issued on December 3, 1993. lt is understood that including the ADU within this structure changes the use identified under the Building Code. Referral comments from the Garfield County Building Department noted that a "Building permit will be required to change the use of the garage". As a result, in order 10 to meet this standard, the property owner will need to obtain a new building permit from Garfield County that addresses the use of the building as a residence and not only as a garage and storage. Staff recommends a Condition of Approval requiring the Applicant to obtain any necessary building permits from Garfield County for the ADU and obtain any required Certificates of Occupancy prior to issuance of the Land Use Change Permit. 27. Minimum Lot Area The Applicant has 14.754 acres and as a result the minimum lot area requirement of at least 2 acres in the Rural zone district is satisfied. 28. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be a separate building from the primary dwelling unit. As a result, the ADU will comply with this standard. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that 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 Laybourn 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 2013, as amended. Suggested Conditions of Approval Conditions to be Satisfied Prior to lssuance of the Land Use Change Permit 1. The property owner shall obtain a final issued well permit from the Division of Water Resources that is legally able to serve the ADU. This permit shall be reviewed and accepted by the Community Development Department prior to issuance of the Land Use Change Permit. 2. The property owner shall submit a water quality test conducted in accordance with the requirements of Section 4-203(MXlXbXSXc) of the LUDC prior to issuance of 11 the Land Use Change Permit. The results of this water quality test shall be reviewed and accepted by the Garfield County Community Development Department and the County designated engineer prior to issuance of the Land Use Change Permit. Should any water treatment measures be necessary in order to meet Primary Drinking Water Standards, those improvements shall be installed prior to issuance of the Land Use Change Permit. Demonstration of any necessary water treatment equipment shall be reviewed and accepted by the Community Development Department and the County designated engineer. 3. A new building permit shall be issued by the County Building Department for the structure where the ADU is to be located. lssuance of any required Certificates of Occupancy shall be issued by the Building Department prior to issuance of the Land Use Change Permit. Demonstration of issuance of the building permit and Certificate of Occupancy shall be reviewed and accepted by the Community Development Department. Conditions of Approval 4. All representations of the Applicant contained in the application shall be considered conditions of approval unfess specifically modified by the Board of County Commissioners. 5. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701, Accessory Dwelling Units, of the Land Use and Development Code of 2013, as amended. 6. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 7. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain any necessary Garfield County Building Permits for establishment, modifications and/or expansions to the ADU structure. 8. All exterior lighting shall be downcast and shielded and comply with SectionT-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 9. 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 of2013, as amended. T2 EXHIBIT I Gøffield County PUBL¡C HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln acldition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineralÉ '? *"red notice was compteted on the I \fr", *zaLS All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice, All owners of mineral Interest in the subject property were identified th records in the Clerk and Recorder or Assessor, or through other means flist] Please attach proof of certified, return receipt requested mailed notice. tr My application required Published notice. Notice was published on the day of 20_. Please attach proof of publication in the Rifle Citizen Telegram. ,/ / tl My application required Posting of Notice. Notice was posted on the day of Signature: Date: 20_. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify th the information is true and accurate. Name: la- t -lô U.S. Postal Service CERTIFIED MAIL@ RECEIPT Domestic Mail Only EXHIBITzIrJôoa a;l i\', JÛT r-¡ -.0 EO {tf-r:lm ru E:]E tr¡ EI ßO ..off rll rq Cf r! -Dt\-J¡ ÊO EO fi m ru Ë¡ E¡tf tr¡ Ëo J¡ trt EO Err Jw tsWts Ì.J JUil rÐm{0 I :rr:lJI EO ÈO r!rl m ruEtf trt c¡ EO J¡ E¡ ÊO rlEr! r{ ruJ¡ ÊO rOrrråm ru E] ËlE EI EO-¡E rjl rf,rr rflÍ -!Eft €rrr:lm ru ËtrfÍf trl EO.¡ E] ú tr¡r! ,W, J 'Jttlt t {"üts 13. 45 n RsfÛn Rslpt (€læbû{c) ficvmea uo mouaea ooway tÂd'¡t Eg¡rtn B¡q¡lFd S¡0nâhF Rætdclcd Ddlvqy t 0urdøÐ¿ S $û.5û A¿v.a l.4tC-b v¡s¡t our website at wwuFor PS Form 38J0, April 2015 FsN7530'02 000.9047 See ReveÍse for lnstructions U.S. Postal Service" CERTIFIED MA¡LC} RECEIPT Ðomestic Mail $3.45 E fbtum R@þt (,brdøpyl D Rdum RËlll(dætû¡c) Ëco.liíêd Mdl n-!kt.d DåI\.'Y ¡ f rl.Í0 IE¡Áåü s¡giår@ Requlod R€tlctsd fxu€ry S C4 Frt¡ For delivery information, visil our website âl PS Form 38Oo'I 2O1 5 ÆN 7530 o2-ooo-9047 See Fleverse for lnslruct¡ons U.S. Postal Service' CERTIFIED MAIL@ RECEIPT Domesttc Mail Only $3.15 D na¡¡ necc¡ (¡sclrr¡cl Ec€rtfrd Ms[ RËucr€d Delhry EAdu[ sg0âtuÞ Rôq{¡trd tû.511 Re€lpt Odd@pt¿ S¡hn6ì¡Ê nsùiotod D€llwy $ I s I \3ëc¡^t¡ information, vis¡t our weþs al www,usps.contiFor PS Form 3800, April 2015 PsN /530.02.000.9047 See Revcrse for lnstruc U.S. Postalservice'" CERTIFIED MAIL@ RECEIPT Oomestic Maíl Only t3.45 Elâctun Rnþr(ctærqts, Ecdned Md Bd,tctrd r)llhry E^ú¡t gignüün Eoq¡trd Juil I fäts t0. ã0 ç c,l-c , 201 5 PSN 753o-o?.ooo-so¡7 Sce Reverse tor lnslructionsPS Form 38OO, U.S. Postal Servicr¡' CERTIFIED MAIL@ RECEIPT Dornest¡c Mail OnlY L E netrrm F怡pl 0s¿æPY) $ E Rôtum Roodpl (dærmlo) $ ncsrrfiod Msll Fstlcr€d Dd¡v0Y t n^dult slg¡d@ Foqulrcd 3 SlgnatmRosfhsd HþtY IEÁdult $ü.5û Ër;ö > Ith nbo?al For visit our webs¡te at ' seê Rèverse lor20f 5 PsN 75:¡42.ooo-9047FS Form 380O, !i' il l" WR.I-S-Rou. Ze " 81 Application must be complots wher6 applicable. Type or print in BLACK I N K. No overstri kes ãärasures unless initialed APPLICANT - ma iling address NAME J "1,H., .Ja c. r, b " * r', TELEPHONE NO.?6"3 -sgd? (2 ) LqçAT! g N . o F..P ß.oP..p,s.F D-14¿Ë L-L Countv IX}A PÊRMIT TO USE GROUND WATER {XI A PERMIT TO CONSTRUCT A WELL (X) N PENUIT TO INSTALL A PUMP RECEIVED APR - I lgTE st¡ rÐuËt¡-¡m ngüE FOR ) REPLACEMËNT FOR NO, I OTHEF W.ATER COURT CASE NO FOR OFFICE USE ONLY: DO NOT WRITE lN THIS COLUMN Receipt No. Basin / o,too d Dist.,r^rr, ß'r* î.Q.o otçç R4. to <t ",-r, (orbnr/o /e Q. , lì/-!.rt fståte) (ziÞ) S i^/o¡tne il V 7¿,Section 35- @ This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court act¡on. IrISOYID XIOB DOUESIIC USE, ITCTJIDIIG IEÐ IAAIGITToT U' mt 0ïm 0il8 acSE 0x'[0m cr¡m[8 üD !,rms. APPLTCAT!,ON APPROVÊÞ (D58'ß,1 1) rwp. ,'7 - ., 5. Rns. I I -. -ú-,rN,S) i E,W) (3) wArER USEÁND WELL DATA Proposed maximum pumping rate {gpm) Average annual amount of ground water to be appropriated {acre'feet} /, rtl p /5 " GPm Number of acres to be irrìgated ¡l €.- Proposed total depth (feetl:fohr-,o /e 9o' Aguifer ground watsr ¡s to be obtained from Owner's well designation GROUND WATER TO. BF U$EÞ.EOR: {X) HOUSEHOLD USE ONLY"no irrigation (0) ( ) DOMEST|C {1) ( } INDUSTRIAL (5} ( I LTVESTOCK (21 ( ) IRRIGATION (6) i )connuenctAL (4) ( I MuNlclPAL (8t ( ) orHER (9) ., ...- DETAIL THE USE ON BACK IN (11I (4} DRILLER Name u// óe /. ,c ¿rt s "."./ o r-ì //" ,- ty'" PERMIT NUMBER DATE ISSUËD EXPIRATION Street. ". - .. ... . -. 1981 City (stôte)(ztÞ, BY r.D EXHIBIT 3 Telephone No.Lic. No. - 5r,7.?COUNTY 23 -+ (61 Énd th€ ar€a on dlagram bolow.on Uso tho's ION (1 soction, 040 ecresl for the well locttlon.+-+-+*+_+_+ +_+_+ (6) llnes. A3 la ft. from @sec.(nottñ of ¡outh| llnc 6oo ft.from u/"- sf ¡¡c, llnr-t-aï¡tl¡aÍrl LOT-BLOCK-FlLlNG *- suBDrvlsloN No. of acres . Will this be the only well on this tltct?Yes (81 PBqP.qsEP.."cASrNG PROGRAM Plaln Casing 47s in frométt.to óô , tt. -in. from -ft. to-ft, Perforated casing A /p , in. from d 0 rt. to , 8o rt. in. from - ft. to- it. {9) FOR REPLACEMENT WELLS sivo d¡stance and dirsction from old well and plans for plugging it: mutt It+ I+--{-- I INORIHI,AI tl:+-+- " f+- 1 M¡LG,6¡so FEET --+l++++++I + I + I + I I + I + I + I+ t + -+- + ltl++++++++lrllf-+-+-+-+-+*-+--+-- The scale of the diagram is 2 inches = 1 mile Each small 40 acres. WATER EOUIVALFNTS TABLE {Rounded Figures} An acre-foot covor¡ 'l acre of land I foot deep 1 cubic foot per ¡econd (c'lsl , . .449 ggllons por m¡ñuta (gpñl A family of 5 wlll require approxiñately I âcra.foot of wåter par year. I acre-foot .. . 43,660 cub¡c lo8t. . . 325.900 gøllons. l,Oü¡ gpm pumpod conlinuou3ly for one day producos 4.42 acre.feet. t10l Owner(s)J-Å, ,/.a c.ù knn + X +- + -+- No. of acres:/ö Legal description s5 (11, DETAILEQ p,F$ç.RlPT.lON of the use of sround water syltem to be used. a /Á Hou¡ehold use and domestic wells must lndlcao typs of disposa! ASe ê4 Ð,5 s "o/ Ío n^ t<r, // ¿r e e co ún ^/.r./t (12) OT¡{ER WATER RfGHTS used on this land, including wells. Give Registration and Watêr Court Case Numbers. Type or right Used for (purpose)Description of land on which used ,sçjfs ol's/uu¡l ø,h A ¡I r r,.go/,'o t1 Sa¿rp ¿?S OÁ ð /e r4 (13I THE APPLICANT(S} STATE(S} TÞIAT THE INFO RMATION SET FORTH I{EREON IS TRU TH E BEST OF HIS KNOWLEDGE SrG,v4 AF.APPL'CAN Use additional sheets of paper if more space ìs required tl FORM NO. qì¡ú+11 07/f,ß STATE OF COLORADO . OFFICE OF THE STATE ENGINEEB 818 O¡ntennlol Bldg., 1St0 gll.fltta¡r St, flenwr, Colorado 8l¡403 (qrs) 86es581 For Ofioc t sâ ody ,rrüi:.i v¡i.. HEGE¡\íED AF'R å it T$SË ù?R26 u ',lalË8 FIESOURCES srÁrE aNôrñFÉ{î tY,tl li 'ìr.::!il:líil'ir !'. I -':: :'ll'-111 ' ií ì ffi eMsE nsrnucrtol{s oN REr,ËFr $I¡Ë CHANGE IN OWNËRSHIP/ADDRESS / LOCATION WE|I pERilfT, UrFrOCf TetK OR ËROS|ON @tìIfROL fnM 1 NEW OWNER F. +SUøut Y.NAME(s)L Mailing Address " 8rb.rì"" -iw:,qT,,) 2.THr$ çHAN9E,l9 FOn ONE QF THE FOLI-oI¡YING: n *ELL PERMTT *u"rrr. ...1 .Q.5.bbl n u\ræsrocK *ATËR TANK NUMBER n ERosroN coNTR'oL DAM NuMBER 3. . :-. :*r -ffi ibHH:,'*:ffi^ bffi I (Addræ)(C'ry)(Slab)@p) SüJ l,0"*" il-[à r/¿, secJl ,*0,. T. . fl*. -K s., nangelfr tr e. o, Elw. . ó . p.u pistanc€Erom €eellon-unee 23 ."4 8.. Fr. rrom El*. o, [*l.. un", b?o.. . Ft. rrom fl ,. o, Xl*. un". SubdMs¡on... Lot 4.LrvEs-LocKr NK Olì FROSToN CQl,r,rROL DAM LOCAllgu 114, sEo. Twp............... n *. o, I a., 5.The abore l¡sisd frynsr(Ð say(6) lhd hs (lhe!r) otm lhe struclure dessibed herct'n. Tho existing record is being amended for the following rcason(s): KChange in name of ownêr. M"nrnnr ln mall¡ng address.fl con ,*on of tocdton, 6. ¡n f (we) have rêad tho sldements made hero¡n, knou, th€ oolttorlts thgr€cf, and state ftat thry ars truê to my (our) knowledge. [Pursuant to S€clion 244-10F (13Xa) C.R.S., tho maldng of fals€ the second degree and is punishablo as a class I trsrein Name/Title (Nau Owner) Pleasa type oçdnt lfi,u,*u I tSrc',-n k à't,trr Signaurp (New Qwner) (-) (!s,!t^+ Date FOR OFFTCÈ USE ONLY aqçngno n! A CHANGE rN OSrt¡HSHtP ATì¡D/OR MA ILING ADDRESS. a î.,lAY 2 6 lgg9 $-tatê En0¡noer Court Case 8y ov. -f co. z'.)Us€_) tld€ MD ,T ' 1i1,\'¡l $ tål l( of rtrc rÅ. ol ADDRESE DATE COMPLËTËD î.-#- ìË-, n. ,&t ,19rff t{ul€orá,äFlFR ïf- in. from -,9 .,o :,S.d nt. in. from tr. DRIIJ.ING CASIÍ{G ñEÇORD; Plrin Cdry s¡2" d"4& rin¿ "--ü#* rrom # r:to Size .. - & kínd from - to Size-.&kind from-*to Prlorrud Gofng siz" d'# & kind r{f:'df trom -S d 'i. :'. to $if[-:¡,, Size - & kind from - to ':'fl; Size - & kind from -* to,*-;tt, GROUflilG BËCORD Í n ,*t*.,r.,,f-Material lnterval¡ l' 'irlll., Placement Method gÊAVEt PÀGK: Size ln$rval T€ST DAÎA O¿ta T¿¡tcd Y *ll'l 19 Sutic lfilmer Level Prior to Test Í , Type of Te¡t Pump From Wrter Loc.Tvnr rnd Oddr- ol.fvlrurirl ,#g U¡c TOÎAL 0EFTH cr l'.!.å 1{fr,lF .{*¡ Í.* v, iå;å Í;{+.frl ..*:'t'.{¡åcf¡fl, JT *l *Jr..rsl¡tt-{..ø".'i+ aådÆ,tc$ . ;:-îE-q:i. : I ':' F-^ '':--:i. r ' ;r ,.:..-,i. Il,..- . tr' ¡ irisl¡r.ler¡ olr nÉþOnr ¡î rr'-rl;..' PurnÞ.Serial No. Motor Serial No, Þstelnsrå[eo ., .i,,þ'j ^. ],¿.. Pump lntake Depth Renrarks .UI'ÉLL TÊST OAÎA ÍT¡TH PÊRMAI{ËNÎ PUUP Þate Tested Static Water Level Prior to Test Lengthof Test# Hours Sustained yield (Metetedl .-.. ,,1';J o' OPM Pumping Water Level í'r Femarks WITER tlSl¡E .s¡ ì t I G4IE OF GOñITÊACÏORS STATEMENT thereof, and that the s¿me is true of hi¡ own knowledge. The under¡igned, being duly sÌvorn upon oath, depgær etd stys that he ¡s ths aontrastor of the rvcll or pump install¿tion described haroon;that he ha¡ read ths,¡tåtetrient madg hsreon; knorvs thecontant .' Signature ,lt tlLiä.ro No. ¿..i4 ssState of Colorado, County of Subccribed ond sr¡rrorn to betor.e rne th¡s - day of . i: r' ^::r : My Comml¡sion óxpires: Notary Public 10 our rß ¡ t${11Ë .lg-. aoFt.oô'ôoû fd¡ bnd d$.d. ¡td TELL(}IÍü CffY ir ter ür Dtillrr.Itt{rTË ^itD GREEN qocl¡ mu¡t ùr fil.d w¡ür lhr Sttrr Èr¡l¡rø. Fllll("GOpY FORM.¡rO- ûw$ft 07/s3 STATE OF COLORADO OFFICE OF THE STATË ENGINEER : 818 C.nùcnnlrl Eldg.. f3l3 Shârml'r SL, Dcnvcr, qploltdo sû2O3 (3O3) 8c{r-$s8t -Þn¡on To coMpLEnNG Foru, sEE lNsTnugno¡&s oN REVERSE sloE CHANGE IN OWNERSHIP/ADDRESS / LOCATION wELL PERMIT, L¡jrESTOg( TAI'IK OR EROSION CONIROL D'Atú I ROYAL R. LAYBOURN AND LEZLTE D.I,ÀYBOIMNNAME(S) I ô¡r'r Malllng address....l A_I Ç*_I--?,.RD. -34qL Nåry IWNEB .Phone (97.$ ) For Olltcr Uso onþ I e (.1í ololobo I I ST ffß i t 'vi, ;l:: i i ¡\,f T: uì 'rt,t,-¡!l' 'r',,. .(.}L¡ñ,^n¡i"} RECEIVEf) FtB 19 2002 ¡rAl bñ tlEsuurtuÈS STATE ENGINEËRcolo,z THIS GËIANGE IS FOR ONE OF THE FOLLOWNG: E D ü EROSION CONTROL DAM NUMB88...."......,.-.*,.., WELL PEBMTT NUMBER rfn--.ãî*l 3. ..,..-S..W-..-. ìio o, *....¡.r¡. ....... i/4, Seo........3-5.... Twp.....2........... f] tu. o. El ,., nange......8å..... fl ,, ", owNER's wELL DEStGNAToN ......å9...,.........,.. ....................ç..aBBQNDAJ...E-,....ÇA.............................................8.1.6.?.3......,(City) (stÁt6) (zp) WEI.I- LOCAÏON: Block Filing (Unlt)...: 60-0-...... Ft. from El*. ....6Èh P.M. n =.'* El*. un". 4. '"ner,gii-......:...... n E *Ew .............:.. p.M.a1/4, Sec. -..,.........:... Twp...............N. or 5. ',t.:,.., ¿| - The above listed owner(s) say(s) that he (they) own ths süUclure dqscrlbsd hereln. - :.:, :i..:i,,' ti., .4: iÌl r,.,.' 'The exlstlng record ls belng amended for tt¡e followlng-¡9.ç9.llTli,l;'í:" , ; r=ñ l'x,J crrange ln narnE of owner. I I ctrange lñ matllng a{dress. .l ;:l! li I :'fl conestlon of locarlon. 6.I (we) have read the.statgrnents mads h€r€ln, know lhe aontgrts tharsof, and stde that ths!, arB lrue to my (our) knowledge. ¡euËuànt io 8eøion-2t4-f 04 (13Xa) c.R.S., the making ot fa¡se stat€msnts hsreln conúitutes pedury ln ths sôcond degree and ls punlshable as E class f mlsdemg¡¡¡r.1.-",,,* . . Narne/fitlE (Pleasò type or prlrú) ROYAL R LAYBOURN LEZLIE D. LAYBOURN Dde 2-69-O- 'L-L[: o A¿*trI .oü Easln l¡lD Uss .'-ofv. v By 9co.- FoR:FF|E9E oNLY t) /lr/ À Ëtr¡. Eriglnör Court CssE +99?IrD As A CHANCE rNoun ERSrrPAN[,/OR MAILING ADDRESS. - ((,", David Pesnichak From: Sent: To: Andy Schwaller Friday, June 15, 20L8 11:33 AM David Pesnichak RE: Laybourn ADU - Referral RequestSubject: Buílding permit will be required to change the use of the garage. COLORADO Division of Water Resources Department of Natu¡al Resources 1313 Sherman Strect, Room 821 Denver, CO 80203 Permit No. 105861, Rec. No. 0105000 MEMORANDUM Date: To: From: Re: June 15, 2018 David Pesnichak, Garfield County Community Development Department Justina P. Mickelson, Physical Science Researcher Scientist Laybourn Accessory Dwelling Unit; GAPA-06-1 8-8655 We have reviewed the proposalto permit an existing Accessory Dwelling Unit (ADU) on a parcel of approximately 14.754 acres in size, located in part of the W1l2 of Section 35, Township 7 South, Range 88 West of the 6th P.M, at 181 County Road 100, Carbondale. The property currently has an existing single family residence, ADU and 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 current water supply to the parcel is provided by an existing well and the existing onsite wastewater treatment system. According to the applicant's submittal, the applicant will apply for a new well permit to service the existing residence and proposed ADU. Well Permit No. 105861 , issued on April 25, 1979 and located in the SW% of the NW1/4 of Section 35, Township 7 South, Range 88 West of the 6th P.M., is limited to household use in one single family dwelling. The proposed ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. The current Well Permit No. 105861 restricts the use of the well to one single family dwelling. Therefore the applicant, in order to serve the accessory apartment, must obtain a new well permit that allows the well to be used for the additional purposes, which requires a plan for augmentation. The ADU proposal indicates that the applicant has submitted an application for a water allotment contract with the Basalt Water Conservancy District. After the application for a water allotment contract has been approved the applicant may submit an application for a non-exempt well permit to this office to operate the well for all uses. As long as the applicant obtains a well permit that allows for two single family dwellings, this office would have no objection to the well also serving the proposed ADU. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. å'f - _r_ EXHI BIT 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us David Pesnichak From: Sent: To: Cc: Subject: Michael Prehm Monday, June L8, 2018 17:44 PM David Pesnichak Wyatt Keesbery; Dale Stephens; Rayjean Roman GAPA-06-18-8655 Laybourn Accessory Dwelling unit David, Garfield County Road and Bridge have no concerns with this application. The said address is off of a private road not maintained by Road and Bridge. Thanks for the opportun¡ty to review. Mike Prehm Forman Garfield County Road and Bridge 0298 County Road 3334 Rifle, CO 81650 (970) 625-8601 Office 1 MOTINTäIN EROSS ENGTNEERINC, INE. Civil and Environmental Conaulling and Ðesign June 21,2018 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Laybourn Accessory Dwelling Unit: GAPA-06-18-8655 Dear David: This office has performed a review of the documents provided for the Laybourn ADU Application. The submittals were found to be thorough and well organized. The review generated the following comments: 1. The Applicant submitted an application for a well permit. The Applicant should forward an approved permit once it is rcceived and a permit should be a condition of approval. 2. The Applicant should provide water quality test results fot the well. Feel fi'ee to call if you have any questions or comments. Sincerely, Cross Engi ng, Inc. Hale, PE ì- EXHIBIT T0a 7 826%Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F : 97 0.945. 5558 www.mountaincross-eng.com