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HomeMy WebLinkAbout1.0 ApplicationcG Garfield County Community Development Department RECEIVED 108 8th Street, Suite 401 Glenwood Springs, CO 81601 FEB [i t 201 (910) 94s-s212 G www.garfield-county.com ARFIELD COUN T Y · COMMUN ! T~ DFVJ:I n o u.,.,.., TYPE OF APPLICATION □ Administrative Review □ Limited Impact Review □ Major Impact Review □ Amendments to an Approved LUCP 0 LIR □MIR □sup □ Minor Temporary Housing Facility □ Vacation of a County Road/Public ROW □ Location and Extent Review □ Comprehensive Plan Amendment] □ Pipeline Development I LAND USE CHANGE PERMIT APPLICATION FORM □ Development in 100-Year Floodplain □ Development in 100-Year Floodplain Variance □ Code Text Amendment □ Rezoning D Zone DistrictD PUD D PUD Amendment □ Administrative Interpretation □ Appeal of Administrative Interpretation □ Areas and Activities of State Interest □ Accommodation Pursuant to Fair Housing Act l!il Variance □ Time Extension (also check type of original application) INVOLVED PARTIES Owner/ Applicant Name: EDNA MONTANEZ Phone: ( 97 o ) 274-3059 Mailing Address: 170 MEL RAY RD City: GLENWOOD SPRINGS State: CO Zip Code: 81601 E-mail: montanezedna330@gmail.com Representative (Authorization Required) Name: BOUNDARIES UNLIMITED INC.-Deric J. Walter, PE Phone: ( 970 ) 945-5252 Mailing Address: 923 COOPER AVE #201 City: GLENWOOD SPRINGS State: CO Zip Code: 81601 E-mail: deric@bu-inc.com PROJECT NAME AND LOCATION Project Name: 170 MEL RAY ROAD Assessor's Parcel Number: 2 1 8 5 0 6 1 0 2 0 0 2 --------------- Physical/Street Address: 170 MEL RAY ROAD Legal Description: SECTION: 6 TOWNSHIP: 6 RANGE: 89 SUBDIVISION: MEL-RAY SUB. BLOCK: 2 LOT: 2 Zone District: Commerical/Limited (CL) Property Size (acres): 0 -325 PROJECT DESCRIPTION Existing Use: Single Family Residential wilh Carporl Proposed Use (From Use Table 3-403): As Exi sts -------------------------- Description of Project: THE S l~E IS LO CATED ON MEL RAY RO AD IN BETWEEN HWY 6 AND DO NEG AN ROAD AND CU RRENTLY CO NT AINS A SIN GLE FAM ILY DWELLIN G W ITH A CA RPO RT TH AT WAS CONSTRU CTED IN T HE SETBACK, THE APPLI CA NT RE QUESTS A VA RI ANCE FO R THE CA RP ORT TO REM AIN . PLE ASE S EE THE ENCLOSED VA RIAN CE REQUEST LETTER. REQUEST FOR WAIVERS Submission Requirements □ The Applicant requesting a Waiver of Subm ission Requirements per Sect ion 4 -202. List: Section : Section: Section : Section: Waiver of Standards □ The Applicant is requesting a Waiver of Standards per Section 4-118. List : Section : Section : Section : Section : I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. I~ 17-11 Signature of Property Owner Date OFFICIAL USE ONLY File Number: Y A-f A_ j f' ~ '6 I/ rl1 _ DD Fee Paid:$ V:, V ---~---------- ca; Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Edna Montenaz ______________________________ agree as follows : 1. The Applicant has submitted to the County an application for the following Project: __ _ 170 Mel Ray Road 2. The Applicant understands and agrees that Garfield County Resolution No . 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3 . The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Per son :_E_d_n_a_M_o_n_ta_n_e_z _________ Phone: ( 970 )27 4-3059 Billing Contact Address: 170 Mel Ray Road city: Glenwood Springs State: CO Zip Code: _8_1_6_0 _1 __ _ Billing contact Email: montanezedna330@gmail.com Printed Name of Person Authorized to Sign: _E_d_n_a_M_o_n_ta_n_e_z _______________ _ ~~ {Signat~C.: (Date) January 15, 2019 Project: Address: Zoned: 170 Mel Ray Rd 170 Mel Ray Rd Glenwood Springs, CO 81601 Commercial Limited Application: Variance Request Legal Description: LOT 2, BLOCK 2 MEL-RAY SUBDIVISION SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M . COUNTY OF GARFIELD, STATE OF COLORADO Civil Engineering Surveying & ({Jeyu,uf ~J\da.r;e u nlhni· ACCORDING TO MEL-RAY SUBDIVISION RECORDED OCTOBER 29, 1949 AS RECEPTION NO. 170138 AND AN IMPROVEMENT SURVEY PLAT PREPARED BY HIGH COUNTRY ENGINEERING , INC. DATED JUNE 10, 2016. To Whom It May Concern: This is to confirm that I have authorized Boundaries Unlimited, Inc. to act as my representative for the application noted above. BY Edna Montanez (~ 11----11 PRINTED OR TYPED NAME DATE Owner TITLE I -•• -I I • (OOReli Ave nue;·ste.,20 \ ·, I Glenwood Springs, co 81601 I 970.945.5252 I www.bu-inc.com .. . . ~ . .. .. Real partners. Real possibilities.Tl.' Date: October 29, 2018 File Number: 307754 Property Address: 170 Melray Road, Glenwood Springs, CO 81601 Buyer/Borrower: To Be Determined To Be Determined Delivery Method: Emailed Edna Z. Montanez Delivery Method: Emailed Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciat, Your Business and Look Forward to Serving You in the Future. stew-art title AL TA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule 8, Part II -Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Author ed Coun tersignatu re Stewart Title Company 620 E Hopkins Ave Aspen, co 81611 ✓~~ Matt Morris President and CEO ~ Secretary For purposes of this form the "Stewart Tille" logo featured above is the represented logo for the underwriter, Stewart Tille Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Tille Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Polley; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 307754 ALTA Commitment For Tille Insurance 8-1-16 Page 1 of 3 AMERICAN LAND TITLE ASSOCIATION COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I -Requirements; (f) Schedule B, Part II -Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form . 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 6. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed lnsured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed lnsured's good faith reliance to: (i) comply with the Schedule B, Part I -Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition S(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA<!> Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part /1-Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Tille Association. File No .: 307754 ALTA Commitment For Tille Insurance 8-1-16 Page 2 of 3 AMERICAN LAND TITLE AS50CJATIUN (d) The Company's liability shall not exceed the lesser of the Proposed lnsured's actual expense incurred in good faith and described in Commitment Conditions S(a}(i) through S(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.a ft a.org/arbitration >. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page Is only a part of a 2016 ALTA® Commitment for Tl/le Insurance . This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association . File No .: 307754 ALTA Commitment For Tille Insurance 8-1-16 Paae 3 of 3 AMERICAN LAND TITLE ASSOCJATION ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Stewart Title Company Issuing Office : 620 E Hopkins Ave, Aspen, CO 81611 Issuing Office 's ALTA® Registry ID: Loan ID Number: Commitment Number: Issuing Office File Number: Property Address: Revision Number: 307754 307754 170 Melray Road, Glenwood Springs, CO 81601 1, Commitment Date: October 12, 2018 at 8:00AM 2. Policy to be issued: (a) ALTA Owner's Extended Proposed Insured: To Be Determined Proposed Policy Amount $0.00 (b) ALTA Loan Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: Edna Z. Montanez 5. The Land is described as follows: See Exhibit "A" Attached Hereto This page is only a parl of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule 8, Parl II - Exceptions; and a countersignature by the Company or Its issu ing agent that may be in electronic fonn. Copyright 2008-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and AL TA members In good standing AMERICAN LAND TITLE as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tille Association. ASsoc1ATION File No.: 307754 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 6 AL TA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 307754 Lot 2, Block 2 MEL-RAY SUBDIVISION According to the Plat recorded October 29, 1949 as Reception No.'s 170138 and 170139. County of Garfield, State of Colorado This page Is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice,· the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Titre Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under llcense from the American Land TIiie Association. LAND TITLE File No.: 307754 MM>c ,AmlN ALTA Commitment For Title Insurance 8-1-16 (4-2-18) ~ Page2of 6 ~ AL TA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 307754 Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land . The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3 . Pay the premiums, fees, and charges for the Policy to the Company . 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 6. Proper instrument(s) creating the estate or interest to be Insured must be executed and duly filed for record. 7. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 8 . Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company . NOTE: If work has been performed on , or in connection with, the subject property (architectural drawlngs, soils testing, foundation work, Installation of materials), please notify the Company's escrow officer within 1 O days of receipt of this title commitment. 9. Payment of any and all Homeowners assessments and expenses which may be assessed to the property-.- 1 o. Execution of an acceptable survey affidavit certifying that there have been no new Improvements constructed or major structural changes made on the subject property . NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 1 O days of receipt of this title commitment. 11. Release by the Public Trustee of the Deed of Trust from Edna Z. Montanez for the use of Vectra Bank Colorado, NA to secure $259,971.00, recorded September 23, 2013, as Reception No . 841008 . 12. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Th is page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valld without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II - Exceptions; and a oountersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 Am~rlcan Land Title Association. All rights reserved . The use of this Fonn (or any derivative thereof) is restricted to ALTA lice nsees and ALTA me mb ers In good standi ng AMERICAN as of the date of use . All other uses are prohibited. Reprinted unde r license from the Am erican La nd TI i ie Ass ociati on. LAN o TITLE File No .: 307754 AssocurmN ALTA Commitment For Title Insurance 8-1-16 (4-2-18) ~ Page3of 6 ~ AL TA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 13. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded September 23, 2013, as Reception No . 84'1007 . This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE File No.: 307754 A'5ocum,N ALTA Commitment For Tille Insurance 8-1-16 (4-2-18) -~ Page 4 of 6 ,Jt.5i AL TA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 307754 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against Joss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule 8, Part I -Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records . 3. Easements, or claims of easements, not shown by the public records . 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 5. 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. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule 8. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded February 26, 1894 in Book 12 at Page 298 as Rece pti on No. 16 933 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. This page is only a part of a 2016 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and ALTA members in good standing AMET\JCAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tille Association. 1.AND nnE FIie No.: 307754 As.1nc1AT10N ALTA Commitment For Title Insurance 8-1-16 (4-2-18) ~ Page5of 6 .~ AL TA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 11. Reynolds and Cain Ditch Declaration recorded January 17, 1884 in Book 7 at Page 135 as Reception No. 784. 12. Statement and Map recorded August 24, 1887 as Reception No. 5·1 ·14 . 13. Matters described in Warranty Deed recorded April 26, 1949 in Book 241 at Pc1ge 486 as Reception No. 168159. 14. Matters disclosed on the Plat of Mel-Ray Subdivision recorded October 29, 1949 as Reception No . 170138 and as Reception No. 170139. 15. Matters disclosed in Quit Claim Deed recorded December 8, 1953 in Book 27 4 at Page 54 as Reception No. 184288 . 16. Matters disclosed in Quit Claim Deed recorded September 8, 1954 in Book 279 at Page 406 as Reception No. 186.990 . NOTE: Exceptions 2 and 5 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 5 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 3 and 4 may be deleted from t~e policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 1 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. th ND TITLE File No.: 307754 A> oc1AT1uN ALTA Commitment For Tille Insurance 8-1-16 (4-2-18) .. ~ Page 6 of 6 .J:~ AL TA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY FIie No.: 307754 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: TBD Rate TBD Fee: $300 .00 This page is only a part of a 201($ ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Require ments; and Schedule R PRrt II - Exceptions; and a countersignature by the Company or its Issuing agent that may be in electronic form . AMERIC/\N ------------,----~-...,...--.-----------------------1.,\ND TITL t Copyright 2006-2016 American Land Title Association. All rights reserved. Mso<:1AT1L1N The use of this Form (or any derivative thereof) Is restricted to AL TA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited . Repr inted under license from the American Land TIiie Assoclati()n . FIie No .: 307754 AL TA Commitment For Title Insurance 8-1-16 DISCLOSURES File No.: 307754 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against untiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction Information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, !eased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8·1-3, Section 5, Paragraph C (11 )(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions l;lnd maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we oan share your personal information. Dowe share Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the business and Yes No managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposc,s-to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affillat.s' everyday business purposes-information about your transaction~ and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our afflliates may include companies wllh a Stewart name; Yes No ffnancial companies, such as Stewart Title Company For our afflllates' everyday business purposes-information about No We don't share your creditworthiness. For our affillates to market to you -For your convenience, Stewart Yes Yes, send your first and last name, the email has developed a means for you to opt out from its affiliates marketing address used in your transaction, your Stewart file even though such mechanism is not legally required. number and the Stewart office location that Is handling your transaction by emall to optout@stewart.com or fax to 1-800-335-9591, For non-affiliates to market to you. Non-affiliates are companies not No We don't share related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affilisite, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use personal information? security measures that comply with federal law. These measures include computer file, and building safeguar<ls. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies; affiliates or other companies. What sharing oan i limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain Instances, we do not share your personal Information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 307754 Revised 1 H 9-2013 , !· I' d I' :.\ ·-.-~- .. 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Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address Num 218506100006 251 SOCCER FIELD RD GAINES FAMILY R020381 PO BOX 5542 DENVER, CO 80217- GLENWOOD SPRINGS PARTNERSHIP, LLP 5542 218506100042 214 CENTER DR GLENWOOD R020404 214 CENTER DRIVE GLENWOOD GLENWOOD SPRINGS PARTNERSHIP LLLP SPRINGS, CO 81601-2564 218506101001 173 MEL RAY RD SMITH, RANDELL N & R020240 173 MEL REY RD GLENWOOD GLENWOOD SPRINGS JEANA SPRINGS, CO 81601-0986 218506101002 191 MEL RAY RD WARD, KEVIN B & R020054 0191 MEL RAY ROAD GLENWOOD SPRINGS KELLY J GLENWOOD SPRINGS, CO 81601 218506101003 201 MEL RAY RD ARBANEY FAMILY R020195 201 MEL RAY ROAD GLENWOOD GLENWOOD SPRINGS TRUST SPRINGS, CO 81601 218506101004 227 MEL RAY RD RUIZ, LAMBERTO & R020276 0227 MEL RAY ROAD GLENWOOD SPRINGS CRUZ, IRMA GLENWOOD SPRINGS, CO 81601 218506102001 150 MEL RAY RD CROSBY, JOAN P R020396 518 BENTON ROAD ALBION, ME GLENWOOD SPRINGS 04910 218506102002 170 MEL RAY RD MONT ANEZ, EDNA Z R020096 170 MEL RAY ROAD GLENWOOD GLENWOOD SPRINGS SPRINGS, CO 81601 218506102003 194 MEL RAY RD HAMBURG, KENNETH R020227 102 DONEGAN ROAD GLENWOOD SPRINGS J GLENWOOD SPRINGS, CO 81601 218506102004 206 MEL RAY RD KING, DAVID J & LACY R020251 206 MEL RAY ROAD GLENWOOD GLENWOOD SPRINGS M SPRINGS, CO 81601 218506102005 228 MEL RAY RD WAGNER, KATHERINE R020321 228 MEL REY ROAD GLENWOOD GLENWOOD SPRINGS SPRINGS, CO 81601-2550 218506104001 129MELRAYRD BIMBO BAKERIES USA R020386 13155 NOEL ROAD #100 LB73 GLENWOOD SPRINGS INC DALLAS, TX 75240 218506104002 111 MEL RAY RD WARD, LEWIS B JR & R020375 281 PONDEROSA DRIVE GLENWOOD SPRINGS CHARLSEY J GLENWOOD SPRINGS, CO 81601- 2634 218506106009 51027 6 & 24 HWY GLENWOOD SPRINGS R020439 51027 HIGHWAY 6 & 24, SUITE GLENWOOD SPRINGS MALL LLLP 145 GLENWOOD SPRINGS, CO 81601-2576 218506108001 191 180 COUNTY RD DOUGLASS COLONY R520002 5901 E 58TH AVENUE GLENWOOD SPRINGS GROUP, INC COMMERCE CITY, CO 80022-3917 218506108006 111 SOCCER FIELD RD MACHEBEUF R530052 6240 SMITH ROAD DENVER, CO GLENWOOD SPRINGS APARTMENTS, LTD 80216 ROW Not available null I Owners confirmed on 1 /15/18 1 October 9, 2018 Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: 170 Mel Ray Road -Administrative Review Mineral Owners and Lessees To Whom It May Concern : Civil Engineering Surveying & (Beyond' v-p.da"ie u •Jimi Boundaries Unlimited Inc. (BUI) has conducted a review of the Garfield County records concerning mineral estate owner notices for 170 Mel Ray Road as required by Section 4-203.B.3.b and the Memorandum dated June 24, 2014 from the Garfield County Attorney's Office to Garfield County Staff (Memo). The Memo suggested process was completed as such: 1. "Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed -NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to the title? A deed may include a list of reservations that reference mineral owners or oil and gas leases." The Warranty Deed (RN#841007) does not mention any mineral interests. 2. "Review your title insurance policy. Are there exceptions to title listed under Schedule B-11? If so, review for mineral interests that were reserved and oil and gas leases." The Title Policy prepared by Steward Title (#01330-27575-Amended No. CS) includes Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded February 26, 1894 in Book 12 at Page 298 as Reception No. 16933 reserving 1) Rights of the proprietor of a vein or load to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. The Title Policy does not contain any further mention any mineral interests. Email correspondence with Susan Sarver of Stewart Title included the following comment "Typically chain of owners reserve and lease the minerals on their properties even though the US reserves the minerals on the patent, there is some kind of Stockraising Homestead Act of 1916 about this. Based on that, this property doesn't seem to have any other mineral reservations, so it is assumed that the current owner would be the owner of the minerals. This is an old subdivision, and I did not do a full back to patent search on this property, the exceptions are from a base file for the subdivision I can do this if you need to verify if there were any other mineral reservations. We Charge $150 per hour." BUI researched the string of title as follows: -.--p,,-~, • I ,oo~eli ~vJ i ~e f Ste .-igJ __ 1_. 9.I _e~wood Springs, CO 81601 I 970.945.5252 I www.bu-inc.com • -1.,;.,_ __ 1..._ - Grantee Grantor Rece12tion No. Montanez, Edna Phil, Roger A & Holly D. 841007 Phil, Rooer A & Holly D. Forster, Gene E & Martino, Primo D. 662208 Forster, Gene E & Martino, Primo D. Jones, Robert Asa & Barbara Anne 293371 Jones, Robert Asa & Barbara Anne Maves, Garv J & Darlene E 289867 Maves, Gary J & Darlene E McGinley, Archie C & Elsie V 243085 McGinlev, Archie C & Elsie V Alsbury, Donald L & Shirley E 243084 Alsbury, Donald L & Shirley E Burke, CE 183645 Burke, CE Minor, James V & Jessie H 177842 Minor, James V & Jessie H Coulter, Ray E & Melba 168159 Coulter, Ray E & Melba Marr, Evan G & Majorie H 153342 Marr, Evan G & Majorie H Gilstrap, John K 150879 Gilstrap, John K King, Curtis 139124 Kina , Curtis First National Bank of Glenwood Springs 117289 First National Bank of Glenwood Springs Unknown At this point, the Records Search indicated that there were 5695 records of file under First National Bank of Glenwood Springs. In an attempt to work forward from the U.S. Patent (RN#16933) to Cain, George B, no warranty deed, special warranty, quit claim deed or bargain and sale deed were found for the subject property. There was a Trust Deed (RN#8219) and a Release of Lien (RN#10406) which appeared to indicate a transfer of land that would later contain those portions of the platted Mel Ray Subdivision from Cain, George B to Devereux, James H. Unfortunately, a search of records for Devereux, James H did not produce any further records of the subject land. The date of RN#117289 is 4/25/1934, which was during the era of the Great Depression, so it could be that the bank later acquired the land by default. In our research, none of the documents inspected included any mention of mineral interests beyond the U.S. Patent. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on the property. BUI spoke with Casey Lawrence of the Assessor's office who indicated that the Assessor is not actively valuing minerals in the section/township/range containing 170 Mel Ray Road. 4. Research the legal descriptions of the subject property with the Clerk and Recorder's computer. You can search the Section, Township and Range of the subject property. You may find deeds for mineral interests for the subject property. BUI attempted this search method and it did not provide any mention of mineral interests. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. BUI attempted this search method and it did not provide any mention of mineral interests. 923 -~~~~~~ A~~ue, Ste .,20.,1 ~ . I _Glenwood Springs, co 81601 I 970.945.5252 I www.bu-inc.com --•, I ,. ' 6. If you find you find mineral interest owners as resetvations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. As discussed, no mineral interest owners were found. 7. Enter the Name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. As discussed, no mineral interest owners were found. 8. Include a description of the research process in your application and the name(s) and address(es) of the current mineral interest owner(s). As discussed, no mineral interest owners were found. If you have any questions, please feel free to contact me at 970.945.5252 x 1. Sincerely, p~l{J;/v~-- Deric J. Walter, PE BOUNDARIES UNLIMITED INC. C~-o ~e1 ~'-if~~~~;-Ste .'r201 J ~lenwood Springs, CO 81601 I 970.945.5252 I www.bu-inc.com . '. ~=. I,, • January 15, 2019 Garfield County Building & Planning Department Attn: Patrick Waller 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: 170 Mel Ray Road -Variance Request for Carport Mr. Waller: Civil Engineering Surveying & (}Jeyo1uf :uµ.da,•1 fl u •Umi The purpose of this letter is to request a variance for the existing carport at 170 Mel Ray Road in (West) Glenwood Springs, Colorado. The property is comprised of approximately 0.325 acres and contains an existing single family residence with parking off Mel Ray Road. The need for the carport is quite simple and yet essential to the safety of Ms. Montanez and her elderly mother who lives with her as the carport protects them from slipping on snow and ice between her vehicle and the front door. The Property Owner/Applicant, Edna Montanez, recently constructed the carport near the front door of her house after observing the existence of similar carports and structures on other properties along her street. In a similar fashion to the other properties, her carport extends approximately 12.8-feet into the 25-foot front setback. Her neighbor to the south actually has a building on foundation encroaching within the front setback approximately 5.6-feet. Thus her perception of what was permissible on her street was readily justified. Special circumstances exist that would preclude Ms. Montanez from being able to reconstruct the carport anywhere but within a setback near her front door as the house is located approximately 1.2- feet off the north side yard setback, 10.5-feet off the front setback at the northwest corner of the house, 6. ?-feet off the front setback at the southwest corner of the house. Locating the carport on the north side of the front door actually resulted in lesser encroachment than if she had constructed it on the south side by approximately 4-feet. The hardship created is not the result of any actions by Ms. Montanez as the home was constructed several decades before she took ownership. Because of the special circumstances and conditions found, strict application of the regulations would result in exceptional and otherwise unnecessary risk to the safety of both Ms. Montanez and her mother during the winter months. The requested variance is necessary for relief as the carport a valid need near the front door and because the house exists too close to the setbacks. The presence of several other encroaching structures on the same street is a clear indication that the request is not detrimental to the public good and will not impair the County's zoning. If you have any questions, please feel free to contact me at 970.945.5252 x 1. Deric J. Walter, PE BOUNDARIES UNLIMITED INC. Enc. -,----nih. ,1 • -.:. . .. COOP-er Avenuef Ste.r20J .. 1 Glenwood Springs, CO 81601 I 970.945.5252 I www.bu-inc.com ." ." -·-,. . I I I I f I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I J J I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I NOOCE: ACt OADING tOCOLOAADDLAWYOU UUSTCOIIUENC::mYLECAL ACTION BAS(O UPON At-11' DEf'ECT IN THI S SURVEY 'Mll11N THR£E YEARS Af"TEJIYOJFlltSTDISC<l\£11 :sv<){OEF{CT. INHOE'o(HflJ#,YJ,l,ll'ACTIOH a•SEO UPON AHY 0£n:Cf IN llllS ~>A:Y er.: ~CED MOO£ rHAH ltM 'tEAASFROIJTHEDATEOFa'.RTIFlCATIONSHO\\NHER(ON ' ' ' ' ' I • I LEGEND t m £l£CTIUCAl HmR [ii] 4'AS M'ET£'R N ~ \IMITR SHUT Off !Mi MAIL1JOK •1 ;~ ~~~.•.-~.·; :r::N' ~ ~ UNf>'E'tlGF.OUl,JV tl'ECTR!C lJN'E O\IFR1l£AV ITLFPl!01'1£ ,.. \W/Ol'J PHJ\I.Kf n'uc:t -w' i I •-• ,,_,. •'.-(J/A!IMJmm,a ,r . . ,• SCAL'E: 1" ~ 10' . -· ~ -~ I : ·. :-:....::."'~ , .. ·•.,! •,.: 1 ·. :.' ·g .:·· ·. '· ,8 ,. ; ,'.NOTES: ... •1 ,,' ---- • • JU .• ' • ;.._ • ..t-J J, ~ "L DATE or-FJELD SURVEY: JULY 11, 2018 _,. ~ :-~ ~ .; .,, ~. • .. :l. UNEAR UNITS USED TO P€RFORM THIS TOPOGRAPHIC SURVEY WERE US SURVEY FEET. 1."•· ci . : , \. rn1s10POGRAPH!C SURVEY IS BASED ON MEL-RAY SUBDMSlON RCC.OU>l.D OCTOOER 29.1949 AS RECEPTION • ;? " N0..170138 AND AN tMPROVEMENT SURVEY Pl.AT PREPARED BY HIGH COUNTRY ENGINEERING, INC. DATED JUNE ~ ~-.' 10. 2016. ... ,:. .. THCS PROPERTY IS SUBJECT TO RESERVATIONS~ RESTRICTIONS. COVENANTS AND EASEMENTS OF RECORD OR lPI PLACE. -...:: 1 • 1 ~ ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERJCAN VERTICAL DATUM OF 1988 (HAW It) IUflAJ.NC(D ~IWN NATIONAL GEODETIC SURVEY (NGSI STAnON ~GLEN\.VOOD' HAVING AN ELEVATION OF 571◄.03. ,..I :· ,: \. , :•-••• ) CONTOUR INTERVAL EQUALS 1 FOOT. :_. ~--,-_: ,. UNDERGROUND UTILJllES HAVE BEEN MARKED our BY ROARING FORK unurv LOCATORS, ONLY PAINT MARKS ~ • , WERE LOCATED BY TRUE NORTH COLORADO, LLC. T~E ACTUAL LOCATION OF UNDERGROUND Ulll.JTIES MUST BE FJELD VERlRED PRIOR TO EARTHWORK CONSTRUCTION_ \/ '-.... iURVEYOR'S STATEMENT '-, ROONli'>, KISER, DO HUI EBY fTAlf lUAT UIIS TOPOGRAPHIC SUA)'(Y WAS PREPARED BY l•Uf .NOllnl 1~ LLC FOR UlftA MOH'f.Vff:Z. ntlt.T s.\10 11ELD SURVEY WAS l'ERFOAMED UNDER M'f SUPllMSION AND ESPONstBLE CHARGE AND THAT THJS SURIJ,EY MEETS THE REQUIREMENTS OF A LAND SURVEY PL.AT AS SET FORTH II C.R-5 SEOlON 38-51-106 ANO IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE. t.I;;c:::oo,,1Y•.•·'"" Ct,-,'U'.D l'ROFESSIONAL lAND SURVEYOR OLORADO REGISTRATION NO , 38215 UWFl )'[UO\- CAP1 \11.SED: JANUARY 16, 1019: ADDED SET6ACKS AND UPDATED SITE CONDmONS ING COMPANY EDNA MONTANEZ TOPOGRAPHIC SURVEY LOT 2, BLOCK 2 -MEL-RAY SUBDIVISION COUNTY OF GARFIELD · STATE OF COLORADO TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY PO BOX 614 -529 S, WJLDHORSE DRIVE NEW CASTLE, COLORADO 81647 (970) 984 -0474 www.truenorthcolorado.com PROJECT NO: 2018-2101--DRA"RJ"''~:"Vl<~-1 SHEET D ATE:JULY17,2018 SUR~~;J) iOFi Garfield County . • ,_-~_. -·.s l · . PRE ~APPL ICATION Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 CONFERENCE SUMMARY • , 1'.' •. . www .garfield -co unty.com TAX PARCEL NUMBER: 218506102002 DATE: December 21, 2018 PROJECT:. Montanez Variance OWNER: Edna Montanez REPRESENTATIVE : Deric Walter PRACTICAL LOCATION: 170 Mel Ray Road , Glenwood Springs, CO 81601 TYPE OF APPLICATION: Variance The property owner is requesting a variance from the setback requirements in the Commercial/Limited Zone District. The property is identified as Lot 2 of Block 2 ;of the Mel Ray Subdivision. The 2013 Land Use and Development Code, as amended (LUDC) states that the front yard setback in the zone district is 25 feet. The applicant has recently built a carport that encroaches into the Front Yard Setback. No building permit Wc!S obtained for the construction. The applicant would like to obtain a variance approval to allow the carport to remain in place . Garfield County Land Use and Development Code, as amended (LUDC): 4-101, Common Review Procedures 4-115, Variance The process to accommodate these requests shall require application for a Variance pursuant to the LUDC. A. Pre-application Conference. B. Application Submittal. I IP ag e C. Determination of Completeness . D. Schedule Public Hearing with Board of Adjustment arid provide documentation regarding notice requirements . E. Request referral agencies to provide comments on the request. F. Evaluation by Director/Staff resulting in a Staff Report to the Board of Adjustment. G. Public Hearing before the Board of Adjustment, resulting in an approval, approval with conditions or denial of the request. H. Resolution for Board of Adjustment to sign. I. If approved a Land Use Change Permit will be issued upon compliance with any conditions of approval. Public Hearing (minimum of 30 days) notices shall be posted, mailed and published pursuant to Section 4-101.E. for a Hearing with the Board of Adjustment. The BOA meets on the last Monday of the month. Referral agencies may include but are not limited to the following: • Garfield County Engineer • County Road & Bridge • County Attorney • Others as may be deemed necessary upon review of the application A. General Application Materials, Signed Application Forms, Agreements to Pay, Application fees, etc. (See Section 4-203 (8) of the Land Use and Development Code for a full description of these requirements) Narrative explaining the request and provisions from which the variance is being requested. This response should address the Variance Review Criteria contained in Section 4-115 and any applicable standards. C. List of adjoining property owners within 200ft. and owners of mineral rights on the subject property. A description on how mineral rights were researched is needed. D. Proof of property ownership such as a deed. E. Authorization to represent letters if being represented. F. Site Plan for the property showing the area and extent of the variance request. G. Improvement location survey information is recommended to show other relevant improvements and site features. 2jPage This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 Plus additional Staff time at hourly rate of $40.50 Referral Agency Fees: County Surveyor: Recordation: Total Deposit: $ TBD (Engineering Review) $ $ $ 250.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: December 21, 2018 Patrick Waller Date 3jPage Variance Review Criteria Excerpt-Please respond to Review Criteria 1-6 4•115. VARIANCE. A. Overview. 1. 2. Applications for variance shall be reviewed and decided by the Board of Adjustments. Variances are deviations from certain zoning dimensional requirements of this Code that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and exceptional, practical difficulties to or exceptional and undue hardship on the owner of the property. · Review Process. Applications for a variance shall be processed according to Table 4-102, Common Review Procedures and Required Notice. Review Criteria. The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this Code: 1. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exist with respect to the specific property: 2. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; 3. Exceptional topographic conditions of the property; and 4. Other extraordinary and exceptional situations or conditions of the property. a. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. b. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to section 4- 115.C.1., the strict application of the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on, the owner of the property. c. Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 6. Variance Will Not Impair the County's Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. 41Page t 1i E 8 ,!!! Variance Review Process (Section 4-115) Step 1: Pre-appllcation Conference •Applicant has 6 months to submit application ' . -. ~. --..-. . ~ --' J [Step 2: AP,plication Subn\itt a~ ..: -~ . _ · '. -. --. . ---· .____ -------. -----. -· Step 3: Completeness Review •10 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7 : BOA Decision 5IPage I / : I I I I I I I I I I I I I I I I I l I I I I I I I / I / I I I I I I I I I / / I / I / I I I ) I / I I I / I I I I I I I 1 1/0ftCE: ACCOROINC 10 COLORAOO I.AW TOO UUST COll'-l(NC(. »IY U:CAL ~c-8,\S(D UPC,. o\NY OITECT IN niis SU-Y 'MfflN THREE Y£AftS A.n1:R YOJ MST OISCOVcR 9.Ja-1 DUt:CT. IN NO C\UH IIAY ANY ACTION BASEO UPCV'i /!JiY DUECT 1H THIS s,Jll~Y BE COI.IIJENCED /JOit£ THAN TE!'I 'l'Eo\RSFROll1H(Do\TEOFCrnnnc,1,T1()NSHOIINHOl'CON I l 0 11 \ 1 Q , r J ,:i(' ! !.' €) I 'I~ I I I I ~ ~ ~ -:I ' 3[ I I I I I I I . SITT: 8 f.NCII MA RI.'.. fOllN01l'EllA"R 4 l·l/lf" V£U.CW PLASTIC CAP l.538215 ElEVATTO>J; 5730:37 .. I ~· \ •• ✓ j ·1· ~ ·-.·.·" .. l. ... ~ 0 • -· ,· ~ .. '\ ·~-:_•:.,~--:·_.' i .. t'. '· f · .. : I .: :,,_:'.; .. '; • I·: • : "'<,1MVEL • ..-, .. j . A1ffA • ~ I '-i . •' .. , ·. ': ·, ,:""". .. ►; .·,-.) : 'f'"tt;,lt! -· ◄•. · •.•..•. -~--'.;_. . ' ~- 0 ---,----o-+-c ----, . I • I I I I I I I / I I I I I I I I I I I I I I I I n,UJJt')'REBARlr l·J/11-" YELLOW PLASTIC CAPLS"38i15 L NfI<,NfJOR'S <iARAG"f TOPOGRAPHIC SURVEY LOT 2, BLOCK 2 MEL-RAY SUBDIVISION SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PM COUNTY OF GARFIELD, STATE OF COLORADO LVT 3 S88'33'30"E 11/1.41' 3 t------, ONE-STORY F1UI-IE HOUSE 170 /,!EL REY1WAV G---C ,.., ;. __ •• s729 N 88'33'30"l41 11/1.'11" LVT1 / / CC9NC1<ITf:. ~CONC1ll'iff ---~ PLANTER ' , ______ ----sri•1 •"' LVT2 '!l L<'.J C)( 2 14,141± SQ .IT- 1 I '. __ _j ...... -- ; / / I ' •' I I I I I I I I I I I I I ) I 1--I " \ l / / a Q ci ;; ;l _,. _;t-... :,, ... Q .,, I I I I I I I I I I / I I I I I I t (D £J.'£CT'RJCAl ),.jf'TTR ffiJ (iASM~ N 1f WAIT'R Sff.UTO'f'F @I >-iAIL110X --w ---w --WAIT'R UN! -__ , ___ , __ G,tiU>,/f U.VVCRG1WUWD H£cnuc j.Jl,JC 70' ----OT----OVf:!HffAO ITLF:Pll0/,J£ WOOD PflIVACY ffNCE CHAW•UWK. TE"NCE / t SCALE: 1" ~ 10' NOTES: l DATE OF AELD SURVEY: JULY 11, 2018 2. LINEAR UNITS USED TO PERFORM THIS TOPOGRAPHIC SURVEY WERE US SURVEY FEET. 3. 1li1S t OPOGJIAPHIC SUll'AYU ~O ON MEL-AAY SUIOMSJON R(((IQO{D OC'foa(R 29, 19~9 AS R[UPQON HQ. 110~ ANO AN 11/AAovtMW~ SURVEY PLAT PR £PAR£D ev HIGH COUNfltv,lNGINEERING, INC OAttD JUNE 1Cl201.6.. 4, TrllS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR JN PLACE , 5 ELEVA TIO NS SHOWN U!AIOH ~t l,liKO ON NORTH AMDUCAN VmKAL DATUM Of 1.9.B& {~VO 18) REFERENCm FROM NAllOU.\l Gloom< SURVEY (NGS) SfATK)N "WNWDOD' H,&W'(; .AN U.lVATION OF S71-403 6. CONTOUR INTERVAL EQUALS 1 FOOT. SURVEYOR'S STATEMENT RODNEY P, KISER LICENSED PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO 38215 REVISED: JANUARY 16, 2{)19: ADDEO SETBACKS ANO UPDATED SITE CONOffiONS EDNA MONTANEZ TOPOGRAPHIC SURVEY LOT 2, BLOCK 2 -MEL-RAY SUBDIVISION COUNTY DF GARFIELD· STATE OF COLORADO TRUE NORTH TRUE NORTH COLORADO LLC. A LANO SURVEVJNG ANO MAPPING COMPAN Y PO BOX 61.t -529 S. WILDHORS E DRIVE NEW CASTLE, CO LORADO 81 647 ---COLORADO--- A LAND SURVEYING AND MAPPING COMPANY (970) 984-0474 www.truenorthco lorado.com PROJECT NO: 2018-2JD 1-~0c-:~=.~'/Nc'-----t SHEET DATE:/ULY ,7, 2018 SUll~~yru-> 1 OF 1