HomeMy WebLinkAbout2.0 Staff Report DD 10.11.18Directors Determination - Staff Report Exhibits
Janusz ADU
Administrative Review
Applicant is Chris Janusz
October 11,2018
(File GAPA-05-1 8-8646)
Exhibit
Number
Exhibit Description
1 Public Hearing Notice lnformation Form
2 Mail Receipts
3 Garfield County's Land Use and Development Code of 2013, as
Amended
4 Garfield County Comprehensive Plan of 2030
5 Staff Report
6 Referral Comments, Basalt Water Conservancy District, Dated
September 4,2018
7 Referral Comments, Colorado Department of Transportation, Dated
September 14,2018
I Referral Comments, Mountain Cross Engineering, Dated September
24,2018
I Referral Comments, City of Glenwood Springs, Dated September 10,
2018
10 Referral Comments, Division of Water Resources, Dated September
12,2018
11 Referral Comments, Garfield County Public Health, Dated September
25,2018
12 Referral Comments, Colorado Parks and Wildlife, Dated September
13,2018
13 Referral Comments, Vegetation Management, Dated September 25,
2018
14 Referral Comments, Xcel Energy, Dated Se ber 5 2018
15 Referral Comments, Garfield County Building Department, Dated
September 5,2018
16 Updated Well Permit (82508-F)
17 Building Permit (BLMF-04-18-5231) Conditions of Permit
PROJECT INFORMATION AND STAFF COMMENTS
Janusz ADU
GAPA-o5-18-8646
October 11,2018
PW
Administrative Review Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
Chris Janusz
The property is located at 3644 Highway
82, south of the City of Glenwood Springs
Ap proxi m alely 0.7 26 Acres
Residential / Urban
TYPE OF REVIEW
APPLTCANT (OWNER)
LOCATION
ACRES
ZONING
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting a permit for an Accessory Dwelling Unit on an approximately
0126 acre parcel located within the Residential/Urban Zone District. The property is
under 4 acres, which means that the ADU is limited to 1,500 square feet in size. The
property is located in the City of Glenwood Springs Urban Growth Area. lt will be accessed
via'an existing driveway and serviced by a well and OWTS on the site. The ADU will be
located in an existing, permitted, single-family residence.
II. DESCRIPTION OF THE SITE
The site is currently in the process of being developed with one single-family residence
under construction. There are additional accessory outbuildings on the property.
Topography on the site includes a relatively level buildable area, with extreme slopes to
the eastern portion of the property. Neighboring uses are both residential and
commercial.
EXHIBIT
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Highway 82
Subject
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III. AUTHORITY - APPLICABLE REGULATIONS
A. The Land Use Tables contained in Section 3-403 of the Land Use and
Development Code, designates an Accessory Dwelling Unit within the Rural zone district
as requiring Administrative Review.
B. Section 4-103 of the Land Use and Development Code sets forth the
Administrative Review Procedures by which the current Application is being considered.
C. Article 7 of the Land Use and Development Code sets forth General approval
standards in Division 1, General Resource Protection Standards in Division 2 and Site
planning and Development Standards in Division 3. Accessory Dwelling Units are also
subject to Section 7-701. The standards are addressed in the Application submittals and
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in the Staff Analysis section of the Staff Report
IV. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
compleied in accordance with the LUDC. No public comments were received as a result
of the public notice. Referral Comments received on the Application are attached as
Exhibits and summarized below:
1. Basalt Water Conservancy District (Exhibit 6)
- No concerns
2. Colorado Department of Transportation (Exhibit 7)
- No concerns
3. Mountain Cross Engineering (Exhibit 8):
- No Grading and Drainage plan was provided for the project and the
geotechnical reports identify numerous hazards. Requested that the Applicant
show how mitigation of these will be incorporated.
- Well Sharing agreement needs to be updated
- The Applicant should review the geometry of the exiting driveway under the
sem i-primitive classification- Driveway appears to cross the neighboring property
4. City of Glenwood Springs (Exhibit 9)
- No concerns
5. Division of Water Resources (Exhibit 10):
- The applicant needs to obtain a well permit that allows for at least three single
family dwellings
6. Garfield County Public Health (Exhibit 11):
- Confirmed recommendations made in OWTS report
- Applicant should provide water quality test
- The building should be located and constructed to avoid geo-hazard concerns
- Recommended radon construction
7. Colorado Parks and Wildlife (Exhibit 12)
- No concerns
8. Garfield County Vegetation Management (Exhibit 13)
- Requested to perform a site visit to identify if there are any noxious weed issues
on site.
4
9. Xcel Energy (Exhibit 14)
No objections
1 0. Garfield County Building Department
- The hazards mentioned in the geotechnical study need to be mitigated and an
engineer should review the mitigation proposed.
Referral Agencies that did not respond: Glenwood Springs Rural Fire Protection District,
Holy Cross Energy
V. STAFF ANALYSIS
Article 7, Division l: General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
The development on the property is in general conformance with the dimensional
standards for the Residential/Urban zone district. The property currently has one dwelling
unit on the property. The proposed ADU will be the second permitted dwelling unit on the
property, which is permitted with Administrative Approval.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with lGAs
The property is located within the Urban Growth Area of Glenwood Springs. The
application was reviewed by the City of Glenwood Springs who indicated that there were
no concerns (Exhibit 9).
3. Section 7-103. ComPatibilitY
The proposed ADU will be located inside an existing permitted Single-Family residence.
The property adjoins a residential parcel and a commercial parcel. The ADU is compatible
with adjacent uses.
4. Section 7-104 Source of Water
The ADU will be served by an existing well (permit No. 82508-F). The applicant obtained
a new DWR well permit that was supported by an augmentation plan from the Basalt
Water Conservancy District (Exhibit 16)
The applicant has completed a 4-hour pump test which included a statement from the
operator that stated:
The wett water level recovered back to 98.7 in 5 Minutes. Ihis is a very good well
and could supply water to 2 or more homes'
The pump test was reviewed by the Garfield County Engineer and no comments were
generated. As such staff deems the pump test acceptable'
5
The applicant also completed a water quality test for all required contaminants. The
summary, provided by Zancanella and Associates indicated that the water quality passed
all required drinking water standards. The test does indicate that the Coliform test was
received after the correct Hold Time. However, the repod states:
The Cotiforms results for L43774-01 have been qualified with the N1 flag on the
extended qualifier reporf. The chemist noted that the reported count is 0 based on
fhe assoc iated 25mL and 50mL count. The 1mL count displayed potential
carryover from preceding sample. Because colony count was 0 for the 25mL and
50mL dilutions, it is betieved that there are no coliforms present in the client
sample.
Additionally, the applicant provided another water quality test that showed the absence
of coliforms. As such it appears that water quality requirements have been met.
The applicant supplied an existing well-sharing agreement for the well that serves the
property. This agreement needs to be updated to reflect the new Well Permit Number as
welì as ihe addition of dwelling units to the permit. This has been included as a suggested
condition of approval.
5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems
The application indicates that an engineered OWTS is proposéd for the site. The applicant
has provided information that it was sized in consideration of the ADU. The application
was reviewed by the Garfield County designated engineer and no comments were
generated.
6. Section 7-106'. Adequate Public Utilities
The application was referred to Xcel Energy who indicated that there are no concerns
with the proposal.
7. Section 7-107: Access and Driveways
a. The applicant provided a letter from CDOT that was included as part of a
previous Exemption application that indicates the parcel has "grandfathered" legal
access to Highway 82.The exemption that was approved in 2009, did not raise
any concerns with access to the site. The applicant has indicated that CDOT
constructed the access and that it has been in place for 40 years. While it appears
that the applicant's driveway may briefly cross onto a neighboring property, the
applicant has provided a letter from that neighbor indicating that there are no
issues with the existing access and its location. The applicant has indicated that
notification was completed as required by the Land Use and Development Code,
including the property to the southeast, and no comments were received.
6
b. The application was referred to the Colorado Department of Transportation
who indicated that there is no issue with the proposal.
c. The Applicant has stated that the existing driveway meets the design
standards found in Table 7-107 for semi-primitive standards. The application was
reviewed by the Garfield County designated engineer, who indicated:
With two dwellings and an ADU the driveway design capacity would classify
as "semi-primitive". The Applicant should review the geometry of the
existing driveway under the semi-primitive classification and verify if the
existing meets the design criteria.
Staff has reviewed the proposal and because of the pre-existing nature of the driveway
and the difficultly in expansion, it appears that the applicant may qualify for a waiver
provided that the applicant obtains a sign-off from the local fire department regarding
emergency access to the site or provides additional demonstrations acceptable to the
Community Development Director. This has been included as a suggested condition of
approval.
8. Section 7-108: Natural Hazards
The applicant supplied a Preliminary Geologic Site Assessment as part of the Application.
This was completed in 2009 and indicated that there was some concerns regarding
Geologic Hazards as well as debris flow issues on the site. The application was reviewed
by the Garfield County Designated Engineer who indicated:
The Appticant did not provide a grading and drainage plan forthe proposed proiect.
The geotechnical reports identify rock fall, debris flow, and flooding hazards. The
Appticant shoutd show how mitigation of fhese will be incorporated into the site.
The applicant has submitted for and been issued a Building Permit. That Permit includes
Condition #4 which states (Exhibit 17):
Geotechnical engineer to review final site grading & drainage, including all items
previously addressed in geotechnical reporfs as prepared by HP Geotech (Dated
2/g/Og) and HP-Kumar (Dated 4n6/18). Geotechnical Engineer's Certification
Report is required prior to Final Building lnspection and Certificate of Occupancy.
The ADU will be located in the same structure as the under construction, existing single-
family dwelling unit, the construction of which will be addressed by the above referenced
condition. Provided that the applicant completes the Building Permit requirements for the
single-family home, the applicant will have addressed the Garfield County Engineer's
Refêrral Comments. A suggested Condition of Approval has been included addressing
this issue. This condition also addresses plat notes that were included on the Exemption.
7
9. Section 7-109'. Fire Protection
The application was referred to the Glenwood Springs Fire Department who did not
supply any comments. The ADU will be located in the basement of an already permitted
Dwelling Unit. As such, it is anticipated that there will be adequate fire protection for the
use. Stãff has included a suggested condition of approval that the applicant obtain a sign-
off from the fire department regarding access to the property.
Article 7, Division 2: General Resource Protection Standards
10. Section 7-20l Agricultural Lands
The proposed development is not anticipated to impact any agricultural activity on or
adjacent to the site. There is a ditch on the site, however it is piped and a significant
distance and up the slope from the proposed ADU and access. No impact is anticipated
to the ditch.
11. Section 7-202 Wildlife Habitat Areas
The aþplication was submitted to Colorado Parks and Wildlife for referral comments. No
concerns were noted. Because the ADU will be located in an existing single-family
dwelling unit, staff anticipates minimal Wildlife impacts
12, Section 7-203 Protection of Waterbodies
The applicant's submittals and Staff's site visits showed no waterbodies on site.
13. Section 7-204 Drainage and Erosion
The Garfield County Designated Engineer provided the following comment:
The Appticant did not provide a grading and drainage plan forthe proposed proiect.
The geotechnical reports identify rockfall, debris flow, and flooding hazards. The
Applicant shoutd show how mitigation of these will be incorporated into the site.
Similar to the requirement for the Natural Hazards section of this Staff Report (Section 7-
108), the Building Department is requiring that a Geotechnical Engineer review the final
site grading and drainage. Because the ADU will be located in the same structure as the
single-family dwelling that is subject to that Condition, the applicant will need to address
GrãOing and Drainage prior to a Certificate of Occupancy for the structure. This
Engineering Review will address identified Drainage and Erosion concerns.
14. Sections 7-205 Environmental Quality
No water or air quality issues are anticipated from the proposed project.
15. Section 7-2}6Wildfire Hazards
8
The Wildland Fire Susceptibility lndex of the Community Wildfire Protection Plan
designates the property as Very High. There are significant slopes on the site, however
thesé are largely limited to the eastern portion of the site. No known fire chimneys exist
on the site. The proposed ADU will be located in an existing, permitted, single-family
structure. The application was referred to the local Fire Department who did not respond
with comments.
16. Section 7-207 Natural and Geologic Hazards
See analysis of 7-108 for a discussion of natural hazards on the property.
17. Section 7-208 Reclamation
Minimal disturbance is anticipated as a result of the proposed ADU, as it will be located
inside an existing building. Garfield County Vegetation Management provided a referral
comment that requested the applicant provide a weed management plan for the site Staff
has included a suggested condition of approval that the applicant contact Vegetation
Management for help in developing a weed management plan for the site.
Article 7, Division 3, Site Planning and Development Standards
18. Section 7-301 Compatible Design:
The ADU use is generally compatible with surrounding residential uses.
19. Section 7-302 Off- street Parking and Loading standards:
The Applicant has demonstrated through the site plan that adequate off-street parking
exists for the ADU and primary dwelling unit'
20. Sections 7-303 Landscaping Standards:
The Land Use and Development Code specifically exempts ADUs from Section 7-303.
21. Section 7-304 Lighting:
Staff recommends a condition of approval that any exterior lighting comply with the
Standards outlined in Section 7-304.
22. Section 7-305 Snow Storage Standards:
The property has adequate snow storage areas that are in compliance with County
standards.
23. Section 7-306 Trail and Walkway Standards:
9
No recreational or community facility access areas are proposed.
Article 7, Division 7, Accessory Dwelling Unit
24. Maximum Floor Area:
Because the property is less than 4 acres, the ADU is required to be less than 1,500
square feet. This has been included as a suggested Condition of Approval
25. Ownership Restriction:
The Applicant and Owner understand that the ADU is restricted to leasehold interests and
may be used for residential or Home Office / Business use only.
26. Compliance with Building Code:
Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary
building permits from Garfield County.
27. Minimum Lot Area:
The Applicant's property is 0.726 acres and is located in the Residential/Urban zone
district. The minimum lot size in this zone district is 7,000 square feet, which means the
minimum for an ADU is 15,000 square feet. The applicant's property is 31 ,624.56 square
feet.
28. Entrance to Dwelling Unit:
The ADU will not be connected to the main dwelling unit.
VII. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that the proposed Accessory Dwelling Unit is in conformance
with the Comprehensive Plan of 2030 as well as the Land Use and Development Code.
Staff, therefore, recommends approval with conditions of the Janusz ADU application.
Suggested Findings
1. That proper public notice was provided as required for the Administrative Review
Land Use Change Permit.
2. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
3. That with the adoption of conditions and a Waiver from Section 7-'107, the
10
application has adequately met the requirements of the Garfield County Land Use
and Development Code of 2013, as amended.
Suggested Gonditions of Approval
Gonditions Prior to lssuance of the Land Use Change Permit:
1. The applicant shall either supply an opinion from the local fire district or supply
additional engineering information acceptable to the Community Development
Department, that the access to the site is adequate.
2. The applicant shall contact the Vegetation Management Department and provide
a weed management plan for the site as needed. A demonstration of compliance
with this condition shall be provided by the Garfield County Vegetation
Management Department.
3. The applicant shall supply an updated well sharing agreement to reflect any
changes made with the new Division of Water Resources permit. The update shall
be reviewed and accepted by Garfield County Community Development and the
Cou nty Attorney's Office.
Other Conditions
4. All representations of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Board of County
Commissioners or the Community Development Director.
5. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701, Accessory Dwelling Units, of the Land Use and
Development Code of 2013, as amended.
6. The ADU is restricted to leasehold interest in the dwelling unit and is for residential
or Home Office/Business use only, as described in the Land Use and Development
Code of2013, as amended.
7. The applicant shall maintain compliance with Division of Water Resources well
permits.
8. The Applicant shall comply with all Building Department requirements and
conditions, including, but not limited to Geotechnical Engineering review.
9. The applicant shall connect the ADU to the proposed OWTS and close out all
applicable permits.
10. The Floor Area for the Accessory Dwelling Unit shall not exceed 1 ,500 square feet
11
11.All exterior lighting shall be downcast and shielded and comply with SectionT-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
t2
Garfteld Coûlnty
PUBL¡C HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please init¡al on the blank line next to the statements if they accurately reflect the
described action,
V My application required written/mailed notice to adjacent property owners and mineral
owners.
/ Mailed notice was completed on the / L aay or
_a All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
/ All owners of mineral ¡nterest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
Please attach proof of certified, return receipt requested mailed notice.
ÈpT-20!&
tr My appllcatlon required Published not¡ce'
Notice was Published on the daY of
tr My application required Posting of Notice'
Not¡ce was Posted on the daY of
20
Please attach proof of publication in the Rifle Citizen Telegram
20_.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the Public'
I test¡fy that the above information is true and acculate.
Name:c
Signature:
Date ?-/2^/y
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Patrick Waller
From:
Sent:
To:
Cc:
Michael Erion <merion@resource-eng.com>
Tuesday, September 4,2018 5:24 PM
Patrick Waller
Chris Hale
GARCO Referral Request - ADU - File NO 05-'l8-8646Subject:BWCD Comments
Patrick:
The BWCD has no concerns. BWCD Water Allotment Contract No. 7L5 was issued to Christopher Janusz and Katherine
Mac for up to 4 dwelling units and 2000 square feet of irrigation on Lot L and Lot 2 of the Junusz Exemption.
Regards,
Michael
Miehael Erion, P.E,
Water Resources Engineer
(970) 945-6777 Voice
(970) 945-1137 Facslmile
The e-mail is PRIVILEGEDAND CoNFIDENTIAL information intended onlyforthe use of the individual or entity named above. lf then
reader of this message ¡s not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that
dissemination, d¡stribution, or copying of this communication ¡s strictly prohibited. lf you have received this communication in error, please ¡mmediately not¡fy us
by telephone and delete the orig¡nal message from your system. Thank You'
From: Patrick Wa ller <pwaller@garfield-county.com>
Sent: Tuesday, September 04,2Ot8 3:57 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Morgan Hill
<mhill@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; Roussin - CDOT, Daniel
<daniel.roussin@state.co.us>; Megan Sullivan - DNR <megan.sullivan@state.co.us>; scott.hoyer@state.co.us; Taylor Elm
- DNR <taylor.elm@state.co.us>; Gretchen E Ricehillcgretchen.ricehill@cogs,us>; Chris Hale <chris@mountaincross-
eng.com>; Greg Bak <greg.bak@cogs.us>; Michael Erion <merion@resource-eng.com>; rwinder@holycross.com;
sa ma ntha. l.wakefield @xcelenergy.com
Subject: Garfield County Referral Request - ADU - File NO 05-18-8646)
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application for an Accessory Dwelling
Unit (File No. GAPA-05-18-8646). The physical address is 3642 Highway 82, Glenwood Springs, CO, 81-601 and the
Garfield County Assessor's Parcel Number is 218527134002. The applicant is proposing to serve the use with well water
and an OWTS. The parcel is zoned Residential/Urban.
The application is available for review here.
Garfield County Community Development is requesting any responses to referral comments by Tuesday, September 25,
2018.
Thanks for your review and please contact me with any questions,
1
Patrick Waller
Patrick Waller
From:
Sent:
To:
Subject:
Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Friday, September 14,2018 5:31 PM
Patrick Waller
Re: Garfield County Referral Request - ADU - File NO 05-18-8646)
Patrick - I have no comments. This is being served by a signal. Long-term, the South Bridge project would
relocate the access to a frontage road and move it to South Bridge intersection.
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
x
P 970.683.6284 | F 970.683.6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
daniet.roussin@state.co.u! I www.codot.gov/ | www.cotrip.ors
trtrE
On Tue, Sep 4, 2018 at 3:56 PM, Patrick Waller <pwaller@garfield-c wrote:
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application for an Accessory
Dwelling Unit (File No. GAPA-05-18-8646). The physical address is3642 Highway 82, Glenwood Springs,
CO, 8 1 60 1 and the Garfield County Assessor' s Parcel Number is 218527 134002. The applicant is proposing to
serve the use with well water and an OWTS. The parcel is zoned ResidentialiUrban.
x
The application is available for review here.
MOUNTäIN CROSS
ENGINEERING, INE.
Civit and Environmental Consulting and Dosign
September 24,2018
Mr. Patrick Waller
Carfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RS: Review of the Janusz ADU Application: GAPA-05-18'8646
Dear Patrick:
Tlris ofüce has perfor.med a review of the documents provided for the JanusZ Accessory Dwelling
Unit Application. The submittal was found to be thorough and well organized. The review
generated the following comrnents:
1. The Applicaff did not provide a grading and clrainage plan for the proposed project. The
geotecùnical reports identifu rockfall, debris flow, ancl floocling hazards. The Applicant should
show how mitigation of these will be incorporated into the site.
2. The Applicant provides an application but not a well pennit that allows the proposecl use.
3. Assuming the well permit is issued by the Office of the State Engineer, the well sharing
agreement will need to be updated to reflect the changes.
4, With two dwellings and an ADU the driveway clesign capacity would classify as o'semi-
pdrnitive". The Àpplicant should review the geometry of the existing clriveway undel the
iemi-primitive classification ancl verify if the existing meets the design oriteria specified.
5. The driveway appear.s to closs the neighboring property to the south prior to connection to
CDOT right-of-way. The Applicant should address if there is an access easement across this
propefty for the drivewaY.
Feel fi'ee to call if you have any questions ot comtnents'
Sincerely,
Cross
ti
EXHIBIT
'óo
.006 Ø
Hale, PE
826'/,Grand Avenue, Glenwood Springs, CO 81601
P: 970.945. 5 544 F : 97 0.945.5558 www, mountaincross-eng.com
Patrick Waller
From:
Sent:
To:
Subject:
Gretchen E Ricehill <gretchen.ricehill@cogs.us>
Monday, September 10,2018 9:04 AM
Patrick Waller
RE:Garfield County Referral Request - ADU - File NO 05-18-8646)
Patrick,
I reviewed the Janusz ADU application. On behalf of the City of Glenwood Springs Community Development Dept., we
have no issues with the proposed development.
Thanks for the opportunity to comment
Sincerely,
Gretchen Ricehill
Asst. Director
Glenwood Springs Community Development Dept
From: Patrick Wa I ler Imailto: pwa I ler@ga rfield-county'com]
Sent: Tuesday, September04,2O!8 3:57 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Morgan Hill
<mhill@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; Roussin - CDOT, Daniel
<daniel.roussin@state.co.us>; Megan Sullivan - DNR <megan.sullivan@state.co.us>; scott.hoyer@state.co.us; Taylor Elm
- DNR <taylor.elm@state.co.us>; Gretchen E Ricehill<gretchen.ricehill@cogs.us>; Chris Hale <chris@mountaincross-
eng.com>; Greg Bak <greg.bak@cogs.us>; Michael Erion <merion@resource-eng.com>; rwinder@holycross'com;
samantha. l.wakefield @xcelenergy.com
subject: Garfield county Referral Request - ADU - File NO 05-18-8646)
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application for an Accessory Dwelling
Unit (File No. GApA-05-1g-8646). The physical address is 3642 Highway 82, Glenwood Springs, CO, 8L601 and the
Garfield County Assessor's Parcel Number is218527134002. The applicant is proposing to serve the use with wellwater
and an OWTS. The parcel is zoned Residential/Urban.
The application is available for review here.
Garfield County Community Development is requesting any responses to referral comments by Tuesday, September 25,
2018.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 8160L
1
COLORADO
Division of Water Resources
Department of Natural Resources
1 31 3 Sherman Street, Room 821
Denver, C0 80203
Permit No. 13563A, Rec. No. 9503963
MEMOR ANDUM
Date:
To:
From
Re.
September 12,2018
Patrick Waller, Senior Planner, Garfield County Community Development
Justina P. Mickelson, Physical Science Researcher Scientist
Janusz Accessory Dwelling Unit; GAPA-OS-1 8-8646
We have reviewed the proposal for an Accessory Dwelling Unit (ADU) on a parcel of
approximately 0.73 acre in size, located in part of the NE1/4 of the NE1/4 of Section 27,
T'ownship 6 douth, Range 89 West of the 6th P.M, described as lot 2 of the Janusz Exemption at
3642 Highway 82, Glenwood Springs. A mobile home was removed earlier this year. The
applican-t plans to add a new single family residence (in place of the mobile home), with an
accessory dwelling unit and garage. Access road and utilities are in place. The applicant does
not propose to creãte a new lot or change the size of the existing lot. The current water supply
to the parcel is provided by an existing well and the applicant proposes to upgrade the onsite
wastewater treatment system. According to the applicant's submittal a shared well, permit no.
13563-4, services the ProPertY.
Well permit No. 13563-4, was issued on May 14,2015 to construct a well in the NE% of the
NE1/4 of Section 27, Township 6 South, Range 89 West of the 6th P.M. for lots 1 and 2 of the
Janusz Exemption, Garfield County. According to the October 31,2014 Well Sharing Covenant,
this well is constructed and operates from lot 1. Water uses are limited to fire protection,
ordinary household purposes inside not more than two single family dwellings, the watering of
poultry, domestic animals and the irrigation of not more than 1,000 square feet of home gardens
and lãwns. The pumping rate of this well shall not exceed 30 gpm. For this type of permit, the
use of ground water is limited to the above historical uses - an expansion of use would require a
new well permit.
The proposed ADU would be considered, for the purposes of well permitting, to be an additional
single family dwelling. The current Well Permit No. 13563-A restricts the use of the well to two
sin!te family dwellings. Therefore the applicant, in orderto serve the accessory dwelling unit,
muãt obtain a non-eiempt well permit that allows the well to be used for the additional
purposes, which requires a plan for augmentation.
The ADU proposal indicates that the applicant has applied for a water allotment contract with
the Basalt Water Conservancy District. An application for a non-exempt well permit was
received by the Division of Water Resources Division 5 office on July 30,2018 for an expansion
of use in accordance with an approved contract with Basalt Water Conservancy District. The
application is currently in the review process.
å lÒ
EXtilBtT
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.8óó.3589 www.water'state'co.us
Janusz Accessory Dwelling Unit; GAPA-O5-1 8-8646
September 12,2018
Page2 of 2
As long as the applicant obtains a new well permit that allows for at least three single family
dwellings, this office would have no objection to the well also serving the proposed ADU.
please feel free to contact me at 303-866-358'1 if you or the applicant has any questions.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.8óó.3581 F 303.866.3589 www'water.state.co.us
Gørfield County
Public Heulth
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Patrick Waller
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
September 25,2018
Hello Patrick,
I have reviewed the application for the Janusz Accessory Dwelling Unit and have the following
comments:- Onsite wastewater treatment svstems: We support the recommendations made in the All
Senrice Sept¡c report for the design, operation, and maintenance of the OWTS. Note that
effluent screens are required under Garfield County regulations, and should be routinely
cleaned.- Drinkinq water: A water quality test should be included as a condition of approval. This
þst should t¡clude constituents equivalent to those of the Colorado Department of
public Health and Environment, Lab Services Division's Deluxe Colorado Package. lf the
test results find that there are some parameters outside the recommended primary
drinking water standards, treatment of some form is recommended.
- Geo-hazards: The reports from HP Geotech and H-P Kumar indicate that there are
sorne+otential hazards at this property's location, including rockfall from the hillside
above and earthquakes. The building should be located and constructed to avoid or
withstand these concerns, and provide proper drainage for water and mudflow through
the proPertY.
- Radon iestinq: While not required according to the land use code, radon-resistant new
construct¡on thttps://www.epa. qov/radon/buildinq-codes-radon-resistant-new-
construction-irnc) is recommended for all homes in Garfield County. After the home has
been built,ii should be tested for radon to determine if a fan should be installed. Free
radon test kits are available at Garfield County Public Health offices.
Thank you,
"1)/lør7,tt'll ß/',/c
Morgan Hill
Environmental Health Specialist lll
Garfield County Public Health
2014 Blake Ave.
Glenwood Springs, CO 81601
(970) 665-6383
Garfield County Public Health Department - working to promote health and prevent disease
EXHIBIT
t7&ooa
Patrick Waller
From:
Sent:
lo:
Subject:
Taylor Elm - DNR <taylor.elm@state.co.us>
Thursday, September 13,2018 1:45 PM
Patrick Waller
Re:Garfield County Referral Request - ADU - File NO 05-18-8646)
Hi Patrick,
CpW has no witdtife related concerns with the proposed ADU at 3642 Highway 82. Thank you for the
opportunÍty to review and provide feedback.
Thanks,
Taylor Elm
Land Use Speciatist
Northwest Region
970.947.2971 | F 970.947.293 6 I C 970.986.9767
0088 Witdtife Way, Gtenwood Springs, CO 81601
tavlor.elm te.co.us I cpw.state.co.us
On Tue, Sep 4, 2018 at3:57 PM Patrick Waller <pwallel@garfield-co > wrote
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application for an Accessory
Dwelling unit (nile No. GApA-05-18-8646). The physical address is3642 Highway 82, Glenwood Springs,
CO, g16¡1 and the Garfield County Assessor's Parcel Number is218527134002. The applicant is proposing to
serve the use with well water and an OWTS. The parcel is zoned Residential/Urban.
The application is available for review here.
Garfield County Community Development is requesting any responses to referral comments by Tuesday,
September 25,2018.
Thanks for your review and please contact me with any questions,
1
Gøffield Coulnty
Vegeløtion Manøgement
September 25,2018
Patrick Waller
Garfield County Community Development Department
RE: Janusz ADU GAPA - 05 - 18 - 8646
Dear Patrick,
Thank you for the opportunity to comment on this permit.
I can be available to do a site visit with Mr. Janusz to see if there are any noxious weed issues on site. I have been to the
property in 2009 when there was an application for an exemption,
Please let me know if you have any questions.
Sincerely
Steve Anthony
Garfield County Vegetation Manager
195 W. l4th Strېt, Bldg. D, Suite 310
Rifle, CO 81650 Phone:970-945:1377 x4305 Mobile Phone:970-3794456
Patrick Waller
From:
Sent:
To:
Subject:
Wakefield, Samantha L < Samantha.l.wakefield@xcelenergy.com
Wednesday, September 5,2018 6:22 AM
Patrick Waller
RE: Garfield County Referral Request - ADU - File NO 05-18-8646)
Patrick,
After Review Xcel Energy has no obiection
Completion of this City/Gounty review approval process does not constitute an application with Xcel Energy for
utility installation. Applicant will need to contact Xcel Energy's Builder's Call Line/Engineering Department to request a
formal design for the project. A full set of plans, contractor, and legal owner information is required prior to starting
any part of the construction. Failure to provide required information prior to construction start will result in delays
providing utility services to your project. Acceptable meter and/or equipment locations will be determined by Xcel Energy
as a part of the design process. Additional easements may be required depending on final utility design and layout.
Engineering and Construction lead times will vary depending on workloads and material availability. lnstallation,
relocation, upgrade of existing facilities due to increased load and/or removal of existing facilities will be made at the
applicant's expense and are also subject to lead times referred to above. All Current and future Xcel Energy facilities'
must be granted easement.
Thank you
Samantha Wakefield
Xcel Energy I Responsible By Nature
Planner
1995 Howard Ave, Rifle CO 81650
P: 970-625-6028 F: 970.625-6030
E: Samantha. l.Wakefield@xcelenerqy.com
lnstallation Standards Link (Blue Book)
\4
EXHIBIT
tnoô.oø
Standard-For-Electric-l lation-and-Use, odf
My normal work hours are 6:30am-4:30pm Tues-Fri
From : Patrick Wal ler Imailto : pwaller@garfield-county.com]
Sent: Tuesday, September 04,2018 3:57 PM
To: Kelly Cave; Andy Schwaller; Morgan Hill; Steve Anthony; Roussin - CDOT, Daniel; Megan Sullivan - DNR;
scott.hoyer@state.co.us; Taylor Elm - DNR; Gretchen E Ricehill; Chris Hale; Greg Bak; Michael Erion;
rwinder@holycross,com; Wakefield, Samantha L
Subject: Garfield County Referral Request - ADU - File NO 05-18-8646)
XCEL ENERGY SECURIW NOTICE: Th¡s email or¡g¡nated from an external sender. Exercise caution before click¡ng on anV links or
attachments and consider whether vou know the sender. For more information please visit the Phishins page on XpressNET.
1
Good Afternoon,
Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Andy Schwaller
Wednesday, September 5, 2018 B:53 AM
Patrick Waller
Dave Argo
RE:Garfield County Referral Request - ADU - File NO 05-18-8646)
Patrick,
The geological hazards study dated February 5, 2009 describes the rock fall hazard as "moderate" and could cause
"significant" damage. lt also states that debris flow could be a hazard. I believe these hazards need to be mitigated. ln
Mr. Janus response to Article 7 ltem 4, he references a rock wall to mitigate the rock fall hazard and I would assume the
debris flow hazard. I would suggest an engineer review this mitigation, existing and new conditions of the site to verify
the rock fall has been mitigated to a safer standard than exist now.
Thanks,
Andy
From: Patrick Waller
Sent: Tuesday, September 04,2OI8 3:57 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Morgan Hill
<mhill@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; Roussin - CDOT, Daniel
<daniel.roussin@state.co.us>; Megan Sullivan - DNR <megan.sullivan@state.co.us>; scott.hoyer@state.co.us; Taylor Elm
- DNR <taylor.elm@state.co.us>; Gretchen E Ricehill<gretchen.ricehill@cogs.us>; Chris Hale <chris@mountaincross-
eng.com>; Greg Bak <greg.bak@cogs.us>; Michael Erion <merion@resource-eng.com>; rwinder@holycross.com;
sa ma ntha.l.wakefield @xcelenergy.com
Subject: Garfield County Referral Request - ADU - File NO 05-L8-8646)
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application for an Accessory Dwelling
Unit (File No. GAPA-05-18-S646). The physicaladdress is3642 Highway 82, Glenwood Springs, CO,8L60L and the
Garfield County Assessor's Parcel Number is2I8527L34002. The applicant is proposing to serve the use with wellwater
and an OWTS. The parcel is zoned Residential/Urban.
The application is available for review here.
Garfield County Community Development is requesting any responses to referral comments by Tuesday, September 25,
201.8.
Thanks for your review and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
EXHIBIT
t5!0od
COLORADO
Division of Water Resources
Department of Natural Resources
82508-F
9504467
WELL PERMIT NUMBER
RECEIPT NUMBER
qRrçINAL PFR{{IT APPLICANT(S)
CHRISTOPHER M JANUSZ
KATHERINE R MAC
PER.MIT TO USE AN EXISTING WELL
APPROVED WELL LOCATION
Water Division: 5 Water District: 38
Designated Basin: N/A
ManagementDistrict: N/A
County: GARFIELD
ParcelName: JANUSZ EXEMPTION
Lot: 1, 2 Btockr Fiting;
PhysicalAddress: 3642 HIGHWAY 82 GLENWOOD SPRINGS,
co 8160't
NE 1/4 NE 1/4 Section 27 Township 6.0 S Range 89.0 W Sixth P.M.
UTM GOORDINATES [Meters, Zone:13. NAD83)
Easting: 301979.0 Northing: 4375578.0
1)
2\
3)
4)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This wett shal,t be used in such a way as to cause no materiat injury to existing water rights. The issuance of this permit does not
ensure that no injury witt occur to ãnother vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
The construction of this wett shatt be in comptiance with the Water Welt Construction Rutes 2 CCR 402-2, untess approval of a
variance has been granted by the State Board of Examiners of Water Well construction and Pump lnstattation Contractors in
accordance with Rute 18.
Approved pursuant to cRS 37-g0-137(2) on the condition that this wetl is operated as an alternate point of diversion to.the
säiatt con¿uit (if apptìcabte per deciee) and in accordance with one or more of the augmentation ptans approved bythe Dív' 5
Water Court for the Basatt Wäter Conseivancy District in Case Nos. 87CW0155, 93CW0319, 98CW002ó/98CW0089, 01CW0305' &
o7:cwoovT (and case No. 10cw0047 if in Area A-3 as described in decree), or operatìng pursuant to an approved substitute
*ut". rrppiy ptan. lf th.is wett is not operated in accordance with the terms of said decree{s) or SWSP, it witt be subject to
a¿minlstrátíon inctuding orders to cease djverting water' BWCD contracr'#715'
Approved for an expansion of use of, an existing wet[, constructed on May 18, 2015, to a depth of 139 feet and with pump
¡nsïattation on May 19, 201 5, att und'er permit no. t:SO¡-A (canceted). lssuance of this permit hereby cancets permit nos' 135ó3
and 135ó3-4.
The use of ground water from this wett is timited to ordinary househoLd purposes inside two (2) singte famity dwetting(s), two (2)
accessory d;/vetting unit(s) and the irrigation of not more than 2,000 square feet of home gardens and lawns.
The pumping rate of this wetl shatl not exceed 15 GPM'
The annual withdrawat of ground water from this well shatl not exceed 1.69 acre-foot (550,ó8ó gattons).
The return flow from the use of this wett must be through either a central treatment system, a septic tank and teach fietd
system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract.
The owner shalt mark the wel,l in a conspicuous location with wett permit number(s), name of the aquìfer, and court case
number(s) as appropriate. The owner shatl take necessary means and precautions to PreserYe these markings.
A totatizing ftow meter must be jnstatled on this wett and maintained in good working order. Permanent records of att diversions
must be mãintained by the welt owner (recorded at least annuatty) and submitted to the Division Engineer upon request'
This wett shatl be tocated not more than 200 feet from the location specified on this permit.
This wett shatt be located more than ó00 feet from any existing we[t, completed in the same aquifer, that is not owned by the
applicant, exctuding wetl permit no{s). 827ó3, 121879 and 749202 (spacing waivers submitted by the wett owners)'
This wett shatt be constructed not more than 200 feet from the tocation specified on this permit and not more than 200 feet
frorn the location decreed for GerbazWett in case no. W0847 (decreed location ìs 4345 feet from the South section tine and 810
feet from the East section [ine)
5)
ó)
7)
8)
e)
10)
11)
1Z)
13)
Printed 09- 1 9-201 8 For questions about this permit ca[[ 303.8óó'3581 or go to www.water.stãte.co.us Page 1 of 2
WELL PERMIT NUÂ,IBER 825O8-F RECEIPT NU,\ BER 9504467
OTE This wetl decreed as Gerbaz Wett ln Division 5 water Cou rt case no.w0842 This well was decreed for 0.0726 cfs 33
N wa5
decreed 73 feet.At the date of the entry of this dec with the cou rt ongaItonspermlnuteThetotaIdepthofthiswetttsasree
March I 4 1 973,the wetl owner was Orest E Gerbaz an d Ametia Gerbaz
NoTE: canceted permit nos. 13563 (abandoned) and 13563-A were previously issued for these lot(s).
NoTE: This wett is to be tocated on a res'idential site of 0.ó5 acre(s) described as lot 1, Janusz Exemption Subdivision, Garfietd
Cóurny. Further identified as 3642 HighWay 82, GWS, CO 81601'
NOTE: Parcet ldentification Number (PlN): 23-2185'271-34'æ1and 23-2185-271-34'002
NOTE: Assessor Tax Schedute Number: R083ó91 and R083é92
.1 ,r'¿ 11.-''--l6.¿*,-./Date lssued:
Expiration Date:
9/19/2018
N/A
lssued By DWIG WHITEHEAD
Printed 09-19-2018 For questions about this permit catl 303.8óó.3581 or go to www.water.state.co.us Page ? o't 2
coNDlno NS OF PERMIT
B LM F-04-L8 -5231 a n d S E PT-04 -L8-5232
Chris Janusz
New Manufactured Home with Basement
3644 HighwaY 82, Glenwood SPrings
Janusz ExemPtion, Lot 2
1) MANUFACTURED HOUSES ARE REGULATED & TNSPECTED BY THE COLORADO DEPT. OF HOUSING
(c.D.o.H.)AND ALL FACTORY-BUtLT RESTDENTIAL STRUCTURES lN GARFIELD COUNTY MUST
COMPLY WITH C.D.O.H. GUIDELINES FOR MANUFACTURE AND INSTALLAT1ON AT THE JOB SITE.
zl FoUNDAT|ON, BASEMENT & SITE WORK SHALL COMPLY WITH 2015 |.R.C.,2009 l.E.c.c. AND
MANUFACTU RER,S INSTALLATION REQUIREM ENÏS.
3) REFER TO PLAN ATTACHMENTS FOR GARF¡ELD COUNTY BUILDING REQUIREMENTS & DETAILED
DESCRIPTION OF NUMERIC NOTATIONS AS REDLINED ON DRAWINGS.
4) GEOTECHNTCAL ENG¡NEER TO REVTEW FTNAL StrE GRADING & DRAINAGE, INCLUDING ALL ITEMS
PREVIOUSLY ADDRESSED IN GEOTECHNICAL REPORTS AS PREPARED BY HP GEOTECH (DATED
z lg lOglAN D Hp-KU MAR (DATE D 4 / L6 | t9l. G EOTECH NICAL E NG I N EER'S CERTI FICATION R E PORT
IS REQUIRED PRIOR TO FINAL BUILDING INSPECTION & CERTIFICATE OF OCCUPANCY.
5) A LOT TMPROVEMENT CERTIFICATE, SEALED BV A COLORADO LICENSED SURVEYOR, lS REQUIRED
AT FOUNDATION INSPECTION TO VERIFY THAT STRUCTURE IS IN COMPLIANCE WITH BUILDING
SETBACK REQUIREMENTS INCLUDING ROOF PROJECTIONS.
5) AN ACCESSORY DWELLTNG UN|T (A.D.U.)AT UNFINISHED BASEMENT lS SPECIFICALIY NOTAN
APPROVED USE UNDER THIS BUILDING PERMIT, AND ANY SUCH USE REQUIRES A LAND USE
CHANGE PERMIT UNDER THE PROVISIONS OF GARFIELD COUNTY,S LAND USE & DEVELOPMENT
CODE.
7l sEpTtc sysTEM MUST COMpLy WITH ALL DESIGN CRITERIA INCLUDING MINIMUM SETBACK
DISTANCES PER GARFIELD COUNTY,S O.W.T.S. REGULATIONS. PROVIDE COPY OF ENGINEER,S
REPORT FOR SEPTIC SYSTEM INSTALLATION PRIOR TO FINAL BUILDING INSPECTION &
CERTIFICATE OF OCCUPANCY.
8) ALL PLUMB|NG AND GAS plptNc CoNNECTIONS MUST BE PERFORMED BY A COLORADO
L|CENSED pLUMBER, AND ALL ELECTRICAL CONNECTIONS MUST BE PERFORMËD BY A
COLORADO LICENSED ELECTRICIAN.
9) ELECTRTCAL PERMtTTtNG AND TNSPECTIONS BY STATE OF COLORADO ELECTRICAL BOARD.
ELECTRICAL FINAL APPROVAL IS REQUIRED PRIOR TO FINAL BUILDING INSPECTION &
CERT¡FICATE OF OCCUPANCY.
10) GARFIELD COUNW BU|LDING DEPT. INSPECTIONS TO INCLUDE THE FOLLOWING:
A. FOOTINGS
B. FOUNDAT]ON
c. PLUMBING/GAS
D. SITE BUILT STAIRS, PORCHES, DECKS, GARAGES, ETC'
E. FINAL INSPECTION & CERTIFICATE OF OCCUPANCY{'
* NOTE: GARflELD COUNW REQUIRES C,D.O.H.INSTALLATION
'NS'6N'A
TO BE AFFIXED PRIOR
TO FINAL BTJILDING INSPECTION & CERTIFICATE AF ACCUPANCY,
EXHIBIT
l+.þo.og