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Home My WebLink About1.0 ApplicationApril 12, 2019 Garfield County Building & Planning Department Attn: Patrick Waller 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Civil Engineering Surveying & Weyond ooz*dar'Ies. 4 U]1iml RE: 170 Mel Ray Road — Substantial Amendment to an Approved Land Use Change Permit Mr. Waller: The purpose of this letter is to request a Substantial Amendment to the Approved Land Use Change Permit (File No. GAPA-10-18-8690) for Lot 2 of Block 2 of the Mel Ray Subdivision (aka 170 Mel Ray Road). The Administrative Review, dated 12/18/18, included eleven (11) conditions for approval which are included in this application. While the majority of the conditions are amenable, it is requested that Condition #2 which reads, "Prior to the issuance of the Land Use Change Permit, the applicant shall address the building encroachment and potential fence ownership issues on the subject property. Any changes to the lot could require amendments to the Land Use Change Permit" be deleted for the following reason. Upon receipt of the Approval with Conditions in December, I began a series of lengthy discussions with County Staff and the owner of the encroaching building, Ms. Joan P. Crosby. For clarification, Ms. Crosby's building is encroaching on the Applicant's property and the Applicant is Ms. Edna Montanez. Staff suggested that in order to comply with Condition #2, Ms. Montanez and Ms. Crosby would have to submit a joint application for an Administrative Review -Amended Final Plat. On 1/21/19, I sent Ms. Crosby an exhibit representing a proposed adjustment to the common property line which would maintain the existing alignment to a point near each side of her building then route it around the building (enclosed). The exhibits also represented a 3' wide Maintenance Easement so that Ms. Crosby could temporarily remove the fence when needed and obtain access to the side of her building for maintenance. Ms. Crosby verbally agreed to work with Ms. Montanez on the application provided that Ms. Montanez assume all costs for application processing, surveying and relocation of the existing fence (previously installed by Ms. Montanez) onto the proposed property line. This arrangement would have conveyed approximately 35 sf of Ms. Montanez's platted property to Ms. Crosby. Moving forward in good faith, Ms. Montanez hired True North Colorado, LLC to survey the two properties and prepare an Amended Final Plat (draft copy enclosed). Ms. Montanez also hired me to prepare and process the application. Just as we were completing the field surveying, plat mapping and application documents on 2/21/19, Ms. Crosby expressed concern that her other building to the east might become unmaintainable if the fence were relocated back onto the existing property line. I visited the site and sent Ms. Crosby an exhibit that indicated that there was still over 3' of distance between her other building and the existing property line and where the fence would be relocated. The application document were completed and mailed to Ms. Crosby on 2/22/19 for her signatures. At this point and after several weeks of work and several thousands of dollars in expense, Ms. Crosby has failed to sign the application documents and has continually requested the same information that has already been provided to her. County Staff attempted to answer Ms. Crosby's questions regarding the application process, but they also were unsuccessful in getting her to follow through with her commitment. 923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 www.bu-inc.com Therefore, since the Applicant, Ms. Montanez, has faithfully and diligently pursued her portion of Condition #2 to the best of her ability, but Ms. Crosby has not, and is not expected to, Ms. Montanez requests that the County delete Condition #2 and allow her to pursue the two -unit dwelling with the remaining ten (10) conditions. If you have any questions, please feel free to contact me at 970.945.5252 x 1. Sincerely, '44'6 ‘64112—_____ Deric J. Walter, PE BOUNDARIES UNLIMITED INC. Enc. 923 Cooper Avenue, Ste. 201 I Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.com 1 INVOLVED PARTIE Owner/Applicant Name: EDNA MONTANEZ Phone: ( 970 ) 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 Mailing Address: 923 COOPER AVE #201 City: GLENWOOD SPRINGS State: CO Zip Code: 81601 E-mail: deric@bu-inc.com ) 945-5252 leGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION = Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment = Amendments to an Approved LUCP ❑ LIR MIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment' • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) ROJECT 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 Proposed Use (From Use Table 3-403): Continued Single Family plus Dwelling, 2 -Unit Description of Project: THE SITE IS LOCATED ON MEL RAY ROAD IN BETWEEN HWY 6 AND DONEGAN ROAD AND CURRENTLY CONTAINS A SINGLE FAMILY DWELLING. THE APPLICANT PROPOSES TO ADD AN ADDITIONAL 2 -UNIT DWELLING BEHIND THE SINGLE FAMILY DWELLING. THE EXISTING ACCESS IS ON THE NORTH END OF THE PROPERTY OFF MEL RAY ROAD, BUT THERE IS NOT SUFFICIENT WIDTH TO EXTEEND THIS ACCESS TO SERVE THE NEW DWELLINGS. THEREFORE AN ADDITIONAL ACCESS WILL BE NEEDED ON THE SOUTH END OF THE PROPERTY. ALL UTILITIES WILL BE SERVICES BY OTHERS. REQUEST FOR WAIVERS Submission Requirements E The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4 -203.J -DEVELOPMENT AGREEMENT Section: Section: 4 -204.K -IMPROVEMENTS AGREEMENT 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. Signature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: $ 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 Person: Edna Montanez Phone: (970 )274-3059 Billing Contact Address: 170 Mel Ray Road City: Glenwood Springs State: COZip Code: 81601 Billing Contact Email: montanezedna330@gmail.com Printed Name of Person Authorized to Sign: Edna Montanez (Signatureq-15---/7 (Date) April 12, 2019 Project: 170 Mel Ray Rd Address: 170 Mel Ray Rd Glenwood Springs, CO 81601 Zoned: Commercial Limited Civil Engineering Surveying & Beyond daties Unum Application: Substantial Amendment to an Approved Land Use Change Permit 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 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 project noted above. BY Edna Montanez t( -/Y 77 PRINTED OR TYPED NAME DATE Owner TITLE 923 Cooper Avenue, Ste. 201 I Glenwood Springs, CO 81601 I 970.945.5252 1 www.bu-inc.com Stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: File Number: Buyer: Seller: Property: Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 August 14, 2013 01330-27575- Amended No. C5 Edna Z. Montanez Roger A Pihl and Holly D Pihl 170 Melray Road, Glenwood Springs, CO 81601 Please direct all Closing inquiries to: Mary L Scheurich 1620 Grand Avenue Glenwood Springs, CO 81601 Phone: (970) 945-5434 Fax: (866) 316-4768 Email Address: Mary.Scheurich@Stewart.com SELLER: Roger A Pihl and Holly D Pihl 24 Pinion Run New Castle, CO 81647 Home Phone: Email Address: pihl@sopris.net Delivery Method: Emailed Listing Agent: Re/Max Mountain West 0985 Highway 133 Carbondale, CO 81623 Attn: Mike Kennedy Phone: (970) 963-1940 Fax: (970) 963-9163 Email Address: mikekennedy@sopris.net Delivery Method: Emailed Lender: Vectra Bank Colorado, N.A. 801 Grand Avenue Glenwood Springs, CO 81601 Attn: Carolyn Meadowcroft Phone: (970) 384-2322 Fax: (970) 384-2272 Email Address: carolyn.meadowcroft@vectrabank.com Delivery Method: Emailed BUYER: Edna Z. Montanez 86 Roaring Fork Avenue Apt B2 Carbondale, CO 81623 Home Phone: Email Address: Delivery Method: Emailed Selling Agent: Meridian Real Estate P.O. Box 3317 Aspen, CO 81612 Attn: Cinthia R Andrews Phone: (970) 927-1927 Fax: (970) 927-9313 Email Address: candrews04@law.du.edu Delivery Method: Emailed Mortgage Broker: Attn: Phone: Fax: Email Address: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 stewart title guaranty company Matt Morris President and CEO Denise C . rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA 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. 01330-27575 004 -UN ALTA Commitment (6/17/06) AM L RICAN 14011 11iUI. AS &I IR}IliN CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orgh. 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. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA 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. 01330-27575 004 -UN ALTA Commitment (6/17/06) A.MI I:IL.:L .V �.�.:• 1,111 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-27575- Amended No. C5 1. Effective Date: July 26, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: Edna Z. Montanez 2006 (Extended) (b) A.L.T.A. Loan Policy 2006 (Extended) Proposed Insured: Vectra Bank Colorado, N.A., its successors and/or assigns Amount of Insurance $270,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Roger A. Pihl and Holly D. Pihl 5. The land referred to in this Commitment is described as follows: 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 Purported Address: 170 Melray Road Glenwood Springs, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Reissue Rate 2006 Owner's Policy: Owner's Extended Coverage: 2006 Loan Policy: Tax Certificate: CO Form 100: Lender's Extended Coverage: ALTA Form 8.1-06 STG Prior Deeds End: $250,000.00 $455.00 $50.00 $85.00 $20.00 $50.00 $50.00 $50.00 $20.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA 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. 01330-27575 CO STG ALTA Commitment Sch A STO Page 1 of 1 STEWART TITLE GUARANTY COMPANY 111ti n , c u41 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-27575- Amended No. C5 The following are the requirements to be complied with: 1. 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. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. 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 drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. 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 10 days of receipt of this title commitment. 7. Release by the Public Trustee of the Deed of Trust from Roger A. Pihl and Holly D. Pihl for the use of Wells Fargo Bank N A to secure $155,800.00, recorded August 15, 2011 as Reception No. 806635. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). 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). 9. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA 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. 01330-27575 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY 111ti n , c u41 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-27575- Amended No. C5 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 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 B. 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 Reception No. 16933 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. 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. 5114. 13. Matters disclosed on the Plat of Mel -Ray Subdivision recorded October 29, 1949 as Reception No. 170138 and as Reception No. 170139. 14. Matters disclosed in Quit Claim Deed recorded December 8, 1953 in Book 274 at Page 54 as Reception No. 184288. 15. Matters disclosed in Quit Claim Deed recorded September 8, 1954 in Book 279 at Page 406 as Reception No. 186990. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA 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. 01330-27575 CO STG ALTA Commitment Sch B 11 STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 111ti n , c u41 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 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 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 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. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA 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. 01330-27575 CO STG ALTA Commitment Sch B 11 STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY 111ti n , c u41 DISCLOSURES File No.: 01330-27575 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 3-5-1, Subparagraph (7) (E) 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 - Glenwood Springs - Main conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 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 unfiled 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, leased 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. 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. File No.: 01330-27575 CO Commitment Disclosure File No.: 01330-27575 Page 1 of 1 STG Privacy Notice 1 (Rev 01/26/09) 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 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 and 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 can share your personal information Do we 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 managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share 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 -affiliate, 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 about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • 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 can 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.: 01330-27575 Page 1 of 1 841007 09/23/2013 09:34:46 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $27.00 eRecorded WARRANTY DEED State Doc Fee: $27.00 Recording Fee: $11.00 THIS DEED is dated the /1) day of September, 2013, and is made between Roger A. Pihl and Holly D. Pihl (whether one, or more than one), the "Grantor" of the County of Garfield and State of Colorado and Edna Z. Montanez (whether one, or more than one), the "Grantee", whose legal address is 170 Melray Road, Glenwood Springs, CO 81601 of the County of Garfield and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Two Hundred Seventy Thousand Dollars and No Cents ( $270,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: 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 also known by street address as: 170 Melray Road, Glenwood Springs, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2013 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Off Record Title Matters) and Section 9 (Current Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; the benefits and burdens and of any recorded declaration and party wall agreements, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deedpn the date set forth a Rog �Arl State of Colorado County of Garfield The foregoing instrument was acknowledged before me this and Holly D Pihl. MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007954 My Commission Expires May 22, 2017 day of September, 2013 by Roger A Pihf Witness fny hand and officia seal. Note. Public My cdmmissi n expires: Stewart Title File Number: 01330.27575 932A WARRANTY DEED STCO Page 1 '0 co, a ; r.r-�+... 1 n � .�: 2 �1{x '+�-v ly�"`S�',i : x SS'4 h1tP�. CJ�1•; �:T t> 9041) L 1 �L! is 1 • ;tY a �{ vr: • z Y- . 0: • Vt Olikre.. Ii $a°E B$i N " 3 5� )tl. € 'ila3£ES� r 1<<8 e tor o z" y C §♦; °3a.i4$e 1...Q O m 2 Z° t,t k E B z 8Wc 48 g6 ° I Q U r2 G 36p03 5 /2'Z7'E 466 I , XI/ SE ,00, 60� Secy Sy' 6m', Po/ ,00/ 44/1 4 ,00/ 00/ 100/ _ ,00/ 4769 ,0/ pc £ Z 7/ 00/ CV//'' 00/ ,96 ( 40/ 96 ,00/ s\� ,00/ ,00// ,CG/ ( ,00/ ,00/ —1 ),00/ 00/ 96 96 s./,9 00/ 6 00/ ,00/ J EL S 769 1.% 00% ...r -,r966 9 L ,m Ray E. .Goa ter and Melba Coulter to The *mild. of County Commissioners of the County of Garf isle, and df-COlorado, ZILT .CLAIM DEED JOINT T7NANT Dat—ed 1arch26, 7932 Acknowledged Icarch 26, 1952 before Bare Us j. May es Notary Public Garfi&d County, Olor ado Consideration 41 . 00 Consideration less -than Conveys unto the said parties of the second part, riot in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the Tigbt, title, interest, claim and demand which the said parties of the tirst part have in and to the following desc-ribed lots or parcels of' land situPtellying and being in the Countyof Garfteld Mei-Ray Suh-divisian and recorded as 1Document Nizaber 170118 in The rimbt-of-way as heretofore dedicated to the use or _ , . thc-,publie f'r , '!vgl,eit- Of -walr 74) urn -0 Se B as Shown on P la t of the -- Book 2145 at Page 515 of the records inthe office of the Clerk and lAecorer of Garfield. County 7 0 a I o rad o . Filed f Or r ec ord December. 8,, 1951 at 3.: 50 otclock an,d recor.decLin book PziLat 12,SEe...-.514- thereof.. P owl; Li * db! , 5 ikirL4eitfFJ J 501 1 ANL w 4 sir &Ars: it 4 t Alb ala AM_ mr. .it It ij 4 t Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 218506100006 218506100042 218506101001 218506101002 218506101003 218506101004 218506102001 218506102002 218506102003 218506102004 218506102005 218506104001 218506104002 251 SOCCER FIELD RD GLENWOOD SPRINGS 214 CENTER DR GLENWOOD SPRINGS 173 MEL RAY RD GLENWOOD SPRINGS 191 MEL RAY RD GLENWOOD SPRINGS 201 MEL RAY RD GLENWOOD SPRINGS 227 MEL RAY RD GLENWOOD SPRINGS 150 MEL RAY RD GLENWOOD SPRINGS 170 MEL RAY RD GLENWOOD SPRINGS 194 MEL RAY RD GLENWOOD SPRINGS 206 MEL RAY RD GLENWOOD SPRINGS 228 MEL RAY RD GLENWOOD SPRINGS 129 MEL RAY RD GLENWOOD SPRINGS 111 MEL RAY RD GLENWOOD SPRINGS GAINES FAMILY PARTNERSHIP, LLP GLENWOOD PARTNERSHIP LLLP SMITH, RANDELL N & JEAN A WARD, KEVIN B & KELLY J ARBANEY FAMILY TRUST RUIZ, LAMBERTO & CRUZ, IRMA CROSBY, JOAN P R020381 R020404 R020240 R020054 R020195 R020276 R020396 MONTANEZ, EDNA Z R020096 HAMBURG, KENNETH R020227 J KING, DAVID J & LACY R020251 M WAGNER, KATHERINE R020321 R020386 WARD, LEWIS B JR & R020375 CHARLSEY J BIMBO BAKERIES USA INC 218506106009 51027 6 & 24 HWY GLENWOOD SPRINGS R020439 GLENWOOD SPRINGS MALL LLLP 218506108001 218506108006 ROW 191 180 COUNTY RD GLENWOOD SPRINGS 111 SOCCER FIELD RD GLENWOOD SPRINGS Not available null DOUGLASS COLONY R520002 GROUP, INC MACHEBEUF R530052 APARTMENTS, LTD PO BOX 5542 DENVER, CO 80217- 5542 214 CENTER DRIVE GLENWOOD SPRINGS, CO 81601-2564 173 MEL REY RD GLENWOOD SPRINGS, CO 81601-0986 0191 MEL RAY ROAD GLENWOOD SPRINGS, CO 81601 201 MEL RAY ROAD GLENWOOD SPRINGS, CO 81601 0227 MEL RAY ROAD GLENWOOD SPRINGS, CO 81601 518 BENTON ROAD ALBION, ME 04910 170 MEL RAY ROAD GLENWOOD SPRINGS, CO 81601 102 DONEGAN ROAD GLENWOOD SPRINGS, CO 81601 206 MEL RAY ROAD GLENWOOD SPRINGS, CO 81601 228 MEL REY ROAD GLENWOOD SPRINGS, CO 81601-2550 13155 NOEL ROAD #100 LB73 DALLAS, TX 75240 281 PONDEROSA DRIVE GLENWOOD SPRINGS, CO 81601- 2634 51027 HIGHWAY 6 & 24, SUITE 145 GLENWOOD SPRINGS, CO 81601-2576 5901 E 58TH AVENUE COMMERCE CITY, CO 80022-3917 6240 SMITH ROAD DENVER, CO 80216 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 & Weyond 400,z'dar•Ies. 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 -II? 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. C5) 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: 923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 www.bu-inc.com Grantee Grantor Reception No. Montanez, Edna Phil, Roger A & Holly D. 841007 Phil, Roger 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 Mayes, Gary J & Darlene E 289867 Mayes, Gary J & Darlene E McGinley, Archie C & Elsie V 243085 McGinley, Archie C & Elsie V Alsbury, Donald L & Shirley E 243084 Alsbury, Donald L & Shirley E Burke, C E 183645 Burke, C E 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 King, 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 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.com 6. If you find you find mineral interest owners as reservations 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, .itiA-Gat2---_____ Deric J. Walter, PE BOUNDARIES UNLIMITED INC. 923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.com September 19, 2018 Garfield County Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 Civil Engineering Surveying & Beyond �yndar'es RE: 170 Mel Ray Road — Administrative Review Project Narrative/Description To Whom It May Concern: The purpose of this letter is to describe the proposed project in accordance with LUDC 4-203.6.5 Project Description. The subject property is located 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, an access drive off Mel Ray Road at the north end. Utilities services are provided by: Potable Water: City of Glenwood Springs Water Department (Will Serve Letter attached) Wastewater: West Glenwood Springs Sanitation District (Will Serve Letter attached) Electric: Communications: CenturyLink/Comcast Natural Gas: Black Hills Energy The Property Owner/Applicant, Edna Montanez, desires to construct a new 2 -unit dwelling behind the existing single family residence which will help satisfy the local rental housing needs. The proposed building is a two-story building will measure approximately 40 -feet by 22.5 -feet and will be less than 40 - feet height in compliance with Table 3-201. The proximity of the existing residence to the north property boundary does not afford the ability to utilize the existing access for this new dwelling so a new 20 -foot wide gravel drive is proposed along the south edge of the property together with four (4) additional parking spaces (2 per dwelling unit). I have contacted Mr. Dale Stephens of the Garfield County Road and Bridge Department and he has provided verbal confirmation that an additional access in this location is appropriate. Construction is expected to commence immediately and take approximately 12-24 months. If you have any questions, please feel free to contact me at 970.945.5252 x 1. Sincerely, Deric J. Walter, PE BOUNDARIES UNLIMITED INC. 923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 www.bu-inc.com Garfield County December 18, 2018 Deric Walter 923 Cooper Avenue #201 Glenwood Springs, CO 81601 Reference: Admin Review — Montanez — Two -Unit Dwelling (File No. GAPA-10-18- 8690) Dear Mr. Walter; This letter is provided to you, as the authorized representative for Garfield County File No. GAPA-10-18-8690. This letter is notification that your request for a Two -Unit Dwelling on Lot 2 of Block 2 of the Mel Ray Subdivision has been reviewed by the Community Development Department and the Director hereby issues a determination conditionally approving the request. The conditions of approval are as follows: Conditions of Approval 1. All representations of the Applicant within the application shall be considered conditions of approval unless otherwise modified by this approval. 2. Prior to the issuance of the Land Use Change Permit, the applicant shall address the building encroachment and potential fence ownership issues on the subject property. Any changes to the lot could require amendments to the Land Use Change Permit. 3. Prior to the issuance of the Land Use Change Permit, the applicant shall remove the carport, or obtain a variance for its location in the setback. 4. Prior to the issuance of the Land Use Change Permit, the applicant shall supply a parking analysis, verifying turning movements of vehicles are possible for the spaces that are proposed. 5. Prior to the issuance of the Certificate of Occupancy, the applicant shall upgrade the existing driveway to meet Road and Bridge requirements. Demonstration of compliance with this condition shall be provided by Garfield County Road and 1 Bridge. 6. Prior to the issuance of the Certificate of Occupancy, the applicant shall either remove the sheds from the setback, or obtain a variance for their location in the setback. 7. The applicant shall obtain a driveway access permit from Garfield County Road and Bridge for the proposed driveway. 8. Tandem parking spaces shall be assigned to the same unit, as indicated in the application. 9. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 10. The proposed dwelling units shall be served by City of Glenwood Springs water. The property owner shall comply with all requirements from the City of Glenwood Springs for connection to the municipal water system. 11.The proposed dwelling units shall be served by the West Glenwood Sanitation District for wastewater. The property owner shall comply with all requirements of the West Glenwood Sanitation District for connection to the District's wastewater system. Notice of this decision will be provided to the Board of County Commissioners who has the ability to `call-up' the application for review at a public hearing. You will be notified of the Board decision once it is received or upon expiration of the 10 day notice period. Feel free to contact myself or Patrick Waller, the staff planner, if you have any questions regarding this decision. Sincerely, Bower, AICP D ector of Community Development Attachment Cc: BOCC 2 Site Plan 3 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: September 7, 2018 PROJECT: Two -Unit Dwelling PROPERTY OWNER: Edna Montanez REPRESENTATIVE: Brian Kurtz and Deric Walter PARCEL NUMBER: 2185-061-02-002 LOCATION: The property is located at 170 Mel Ray Road, Glenwood Springs, CO 81601 ZONING: Commercial/Limited TYPE OF APPLICATION: Administrative Review for Two -Unit Dwelling I. GENERAL DESCRIPTION The applicant is proposing to construct one, two -unit dwelling on a parcel in the Mel Rey Subdivision. The property is 0.325 acres has already been improved with a single-family residence. The applicant represented that the 2 -unit dwelling will access directly onto Mel Rey Road, separately from the existing single -unit driveway. Staff recommends that the applicant contact Garfield County Road and Bridge to discuss any potential access proposals prior to submitting an application. The Glenwood Springs Fire Department should also be contacted prior to application submittal regarding the proposal. Additionally because the property is located in the Glenwood Springs Urban Growth Area, Staff recommends that the applicant consult the city regarding the Comprehensive Plan, prior to application submittal. Staff understands that the applicant's property is served by central services for Water and Wastewater. A will - serve letter is required to demonstrate adequate water and wastewater for the proposal. The applicant should respond to all applicable standards as outlined in Section 7, Divisions 1-3. The applicant will also need to demonstrate that any existing access road to the proposed uses meets the standards as outlined in Section 7-107, and specifically Table 7-107 based on demonstrated Average Daily Trips (ADT) (9.57 per dwelling unit). Should the access be new, then the applicant will need to state that the driveway will be built to meet these dimensional standards. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS An Administrative Review is required for the development of a Two Unit Dwelling on this Rural Zoned property. Garfield County Land Use and Development Code, specific sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Table 4-102, Common Review Procedures and Required Notice • Table 4-201, Application Submittal Requirements III. SUBMITTAL REQUIREMENTS A limited impact review requires the following information to be submitted pursuant to Table 4-201 which includes the following items which are further described in Section 4-203. ■ 4-203.B. General Application Materials a. Application Form and Fee b. Agreement to pay form c. Deed d. Letter of Authorization e. List of mineral owners of record, including names and mailing addresses and how records were searched f. Names and mailing addresses of all property owners within 200 feet of the subject parcel and a map showing the subject parcel and the adjacent property owners. g. Project narrative h. Copy of pre -application conference summary ■ 4-203.C. Vicinity Map ■ 4-203.D. Site Plan ■ 4-203.E. Grading and Drainage Plan Note: Hydraulic and Hydrologic drainage calculations are required if 10,000 sq. ft. or more of impervious surface (including compacted soil) is created. ■ 4-203.F. Landscape Plan ■ 4-203.G. Impact Analysis Note: Applicant will need to respond to items 1— 8 of Section 4-203(G) ■ 4-203.J. Development Agreement Note: May be waived upon request ■ 4-203.K. Improvement Agreement Note: May be waived if no public improvements are required ■ 4-203.L. Traffic Study Note: The ITE identifies traffic demand at 9.57 ADT per dwelling. ■ 4-203. M. Water Supply/Distribution Plan Note: The applicant will need to supply a will serve letter ■ 4-203.N. Wastewater Treatment Plan Note: The applicant will need to supply a will serve letter ■ Respond to all standards in Section 7, Divisions 1, 2 and 3 and submit any additional material (reports, plans, studies, etc.) that provides evidence of compliance. Any additional materials to demonstrate compliance with Sections 7, Divisions 1, 2, and 3. ■ 7-107. Access and Roadways. Note: The Application should represent that the proposed roadways meet County requirements. Also the applicant should supply any active Road & Bridge permits for the property IV. REVIEW PROCESS The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review (see attached flow chart). V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published at least 30 days prior to the hearing pursuant to Section 4-101.E. XNone (Director's Decision) Planning Commission Board of County Commissioners Board of Adjustment VI. REFFERALS Referral may include the following agencies: ■ Garfield County Road and Bridge Department ■ Garfield County Environmental Health Manager ■ Garfield County Vegetation Manager ■ Garfield County Consulting Engineer ■ Glenwood Springs Fire Department ■ City of Glenwood Springs ■ Any other agency deemed appropriate upon review of the submittal VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials ■ Vicinity Map ■ Site Plan ■ Grading and Drainage Plan ■ Landscape Plan ■ Impact Analysis • Traffic Study • Water Supply/Distribution Plan ■ Wastewater Management Plan ■ Article 7 Standards Planning Review Fees: $ 250 Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: Engineering review fee based on hourly rate Total Deposit: $250 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. This summary is good for 6 months from the date of signature. Pre -application Summary Prepared by: A7 September 7, 2018 Patrick Waller, Senior Planner Date A. Section 4-103 Administrative Appr[rxim tely2monthsifsubmittal ii complete Garfield County Admtnistrativv Review Process (Section 4-103) Step 1: Pre•applleation Canlerenee • r'.1 ybawaIved byPire{CRr * Applicant has G months to submit applfcatfan Step 2: Application Submittal Step 3; Completeness Review • 10 business days to review • If fncomphete, 60 days to remedy defleleneies Step 4:Schedulebecfsian bate and Provide Nistir-e • mailed to avlja erg t property wrrrefis within 200 feet and mineral ownert, a t least 15 da ys prior to deciston date Step S' Referral * 21 day comment period Step 6: f,+a'two n tiv Ofrector Step !; Director's fiedSign * Call-up Period - within 10 days of Director's Decision * Applicant has 1 year to meek any conditions tFapproval L___(4.cGarfleldCounty MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 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 title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 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 your property. MEMO June 24, 2014 Page 2 4. Research the legal description 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. 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. 6. If you find mineral interest owners as reservations 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 CIerk and Recorder's office. 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. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and Iandmen specialize in determining mineral rights ownership, but they charge a fee for their services. ►' Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com 1 PRE -APPLICATION CONFERENCE SUMMARY DATE: PROJECT: PROPERTY OWNER: REPRESENTATIVE: PARCEL NUMBER: LOCATION: ZONING: TYPE OF APPLICATION: March 29, 2019 Montanez 2 -Unit Dwelling Edna Montanez Deric Walter — Boundaries Unlimited 2185-061-02-002 170 Mel Ray Road, Glenwood Springs Commercial/Limited Substantial Amendment to an Approved Land Use Change Permit I. GENERAL DESCRIPTION The Applicant is requesting to amend the Conditions of Approval for a Two -Unit Dwelling that was conditionally approved by the Community Development Director. The Two -Unit Dwelling was conditionally approved on December 18, 2018 as application GAPA-10-18-8690. The applicant has not obtained a Land Use Change Permit and is required to meet current Conditions of Approval. The applicant has been working with their neighbor to resolve Condition of Approval #2 which requires the applicant to address a building encroachment issue on the property. The applicant has been pursuing an Amended Final Plat to address this issue, but is unable to get the adjacent property owner to sign the application. Staff understands that the applicant is requesting to remove the Condition of Approval. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Section 4-106 determines the process for an amendment to an approved Land Use Change permit. • Garfield County Land Use and Development Code, effective July 15, 2013 • Table 4-102, Common Review Procedures and Required Notice; • Table 4-201, Application Submittal Requirements III. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification b. Substantial Modification. c. Determination by the BOCC Page 1 of 5 IV. DETERMINATION In reviewing the information regarding the amendment, the Director has determined that the proposed modification would be a Substantial Modification to an Approved Land Use Change Permit. This requires the submittal of a new application. Additionally, the Director has determined that the application will be referred up to the Board of County Commissioners. V. APPLICATION REVIEW A. Reviewed by: Staff for technical completeness and compliance with standards B. Public Hearing(s): BOCC — The Applicant is required to Notice as required for an Administrative Review C. Referral Agencies: TBD VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal requirements include the following for this Substantial Modification. A. General Application Material (4-203.B), including a. Application Form b. Letter of Authorization, for any consultant acting on behalf of the owners and/or leaseholder c. Deed for the subject parcel d. Fees and Payment agreement form e. List with address of any Property Owners within 200' of the subject property f. Mineral Owners and addresses for the subject property g. General Description of the Application B. Copy of Director's Decision C. Site plan showing the proposed 2 -Unit Dwelling and the building encroachment D. Proposed language and reason for an amended approval VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (per application) Amendment to a Land Use Change Permit Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 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. This summary is good for 6 months from the date of signature. Page 2 of 5 Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: AB AJ,i,_ March 29, 2019 Patrick Waller Senior Planner Date Page 3 of 5 •,•,fiittaI r complete C F F 0 a Garfield County Amend an Approved Land Use Change Permit (Section 4-1O6) Step 11 Pre-appiicat ionCcoference *Submission of information porta i mins to the rgquostad smandmsrit • App[Icant has 5 months to submit application Step 2: Diratar's termination * Within 10 days the Director will make one of the following deterrninations:: MIr or ModUAcat#on BOCC Dehernilnaiian Substantial McWification Step 3: Ap lication Submittal Step 4: Completeness Review • 10 business days to riv levy • lf incomplete, 430 days to remed'defioienacies Step 5: Evaluation by Director Stop IS: Dirinetor"s Decision a Ca I I• up Period - within 10 days at Director s Decision 'Applicant has 1 year to meet any conditions of approval It needed to determine substantial or rninor modification Step.: $oCC De[islon fat pubic meeting • If BOCC dote rr nines it to be a minor modification - proceed with Administrative Review for Minor' rnadEtat Ions + tf BOCC determines it to he a Su hats ntie I modification, proceed lulth new application Step 3: New Land Use Change Aiiaplicatl n a' see process for Land Use Change Permit Page 4 of 5 ApproxrnaLcl¢ 2months if subrrritta1 is corriplcic Garfield County Administrative Review Process (Section 4-103) Step 1: Pre•applRation Conference *May be. waived by oirec or • Applicant has 6 months t4 submit application Step 2: Application Submittal Step 3. Cprnpieieness Review • 10 business days to r ev&ew • Ir rncomplece, 60 days to remedy deficiencies Step Ar Scliedute £ c[skon bate and Provide Notice *Mailed to ad jacarl t property uwners within 200 feet and mineral owrIcrs at least 1.5 da vs prior to fled seam date Step Sr Referral . 21day comment period Step 6; Evolution by Director Step 11 Director': Deci3lorl • Coil -up Period - within 10 da ys of Directors Decision + App+licant has 1 year to mcet any wrrockittons a r approval Page 5 of 5 ,O0•OO1 ,1C -TCS 3T. 170 MEL REY R0,41) OIIYd 3/.32E0NO1 Q32[3i1O° 01 3.4717, z s. IaN 1.5 L7v}fdSV I II II II j 30S al RECREATIONAL VEHICLE cD J