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Home My WebLink AboutCOMPLAINT 1220 Acacia Dr 2006-02-28] ' |i : !� o _ TOWN OFESTES PARK DEVELOPMENT APPLICATION ESTES VALLEY DEVELOPMENT CO Submittal D Development Plan Special Review Rezoning Petition Preliminary Subdivision P|nL F�ne| Subdivision PW Minor Subdivision Plat Amended Plat f- Boundary Line Adjustment r- ROW orEasement Vacation F- Street Name Change r- Time Extension: Other: Please list Project Name Ault Development Plan Project Description Project Location }ondominiumMop F- Preliminary Map �- Final Map Con5truction of a two story frarne with garage below and 150' East of the corner of Acacia Dr. and Avalon Dr. sidenmaabmvn. egal Description ' Lot 4, Acacia Corner Subdivision Parcel |D# 2631478004 Section Property Owner Rodney B,and R\okiJ A 31 Township 6N M,ailing Address PO Box 4526, Estes Park, CO 80517 Telephone Nos. 217-0567 Applicant Smmeasowne Mailing Address Telephone Nos. Consultant/Engineer Van Horn Engineering and S Contact Person Joe Coop Mailing Address P.O. Box 456 Telephone Nos. (970) 586-9383 Total Development Area (acres) 0,175 dying Fax (S7Q)58G~B1�01 E-Mail YLq—nhonnengr�� Existing Land Use Cnmmercia| Existing Water Service TOEP Existing Sanitary Sewer SeNice UTSD Site Access (if not on public street) Acacia etlands on Site? Yes No erns may not beapplicable complete submittal requirements, S\otnmenJ of Intent CDOT Access Permit Z Dmina�oP|an Open Space Area (acres) 0 Proposed Land Use Commercial/Residentia Proposed Water Service TOEP Proposed Sanitary Sewer,Service UTSD Zoning Commercial Heavy I applications. Please refer to the EVDC and Appendix B X17^reduced pzpyofp|atnrplan �- Dk]hm| File ISO Calculations �- Wetlands Report i— Geologic HazandMitigation Report Wildfire Hazard Mitigation Report Transmitta� Letter Confirming Site Staking Pmperty Owners (within 100 ft,, excluding ROW) TownofEstes Pork`j�P.[),8ox 1200~e, |7QMacGregor Avenue -e,Estes Park, C[} 80517 Te|:(97O) 577-3721 <� Foz(97O)586-O249 ^-, vv*/vv.esfesne1rorn TO PA P. O. Box 1200, Estes Park, CO 80517 Date: 01 /03 / 2006 Number of pages including cover sheet: COMMUNITY DEVELOPMENT DEPARTMENT To: Rod Ault P.O. Box 4396 Estes Park, CO 80517 Phone #: Fax #: CC: From: Carolyn McEndaffer, Code Compliance Officer Phone #: (970) 577-3726 Fax #: (970) 586-0249 e-mail: cmcendaffer estes.org Town of Estes Park Web Site: www.estesnet.com REMARKS: 0 Urgent 0 For your review 0 Reply ASAP 0 Please comment Rod, Sorry this took so long to get to you. I hope you had a special holiday season. Please review the attached letter dated 5/31/2005. Alison Chilcott outlined the issues that need to be addressed. Please formulate a plan, stating what you will do and by when, and return it to me by January 15, 2006. You can just mark up a copy of the letter, with dates you will be able to comply with each issue and sign it, if you prefer. If you have any questions, please give me a call. 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W 4!WV uu Il lllllllllllll NI w u III uulouluuMlllurl�'1'klllllllll Nlllll 11 uIII11dIVVVI��uI 10IIII1I O''�';I 11u �^1illilpvW �lli�l'��''�pli� ry );#1Aileit 441 h tia oo 71t)i),Iiiiiint11111111111111111111105,4111 muuIl'Illliiliiiii1111ll�illliiI1 hry lllllllllll�Vlll11 1777 I'lA�I MIVII�' ��00Il�wlwlwlwlwl 1mA00u 00h 10ooli11111 1111IIIIIIIIIIIIII I10000, 11111111 oll11111111 IIII .........puuU I,VVlplllluli ' Ilvd ili1IV'iiill I 1111(1IVI 110000 1��1J'�I)'�'�'111�1f '' �ilf f,�/Jf Oft ,), )� 1111111111 ul l ul 11 i�in��I��I�1� u.'�Mi1il��i1ii11mlduullluuui�l��VI,I��^I��luuu�uldlu 1111111114111vvvvv:vv,vv, Town of Estes Park 170 MacGregor Ave. P.O. Box 1200 Estes Park, Co. 80517 Code Enforcement Record Page: 1 Citation Number: 180-05 Printed: 1/3/2006 Citation Date: 11 /23/2005 Cited By: Town of Estes Park Inspector: Carolyn McEndafter Status: Pending Comments: 4. 01/03/06 CM mailed letter to Rod Ault. Gave until Jan 15, 2006 to respond in writing. 3. 12/15/05 Rod called CM. CM will send letter to Rod. He will get plan in writing. 2. 12/15/05 No Response. AC and CM site visit. Left card w/wife. Took pics. Will need a plan in writing and dated' as to when will comply with letter dated 5/31/05, item 3. 1. 11/21/05 Alison will contact Rod Ault regarding no compliance w/ stipulation on development plan for paving his driveway. Last time she talked to him, he said he would get done by Sept 05. Violator: Phone: Fax: Cellular: Email: Filer: Fees: $0.00 Receipts: $0.00 Phone: Fax: Cellular: Email: Violations: Identifier: Comments: Descriptor: Inspections: Inspection Type: Inspection Number: Inspection Date: Inspector: Passed? Conditions: Date: Source: Status: Code: Description: Condition: Graphics: Town of Estes Park 170 MacGregor Ave. P.O. Box 1200 Estes Park, Co. 80517 Code Enforcement Record Page: 1 Citation Number: 180-05 Printed: 1/18/2006 Citation Date: 11/23/2005 Inspector: Carolyn McEndaffer Cited By: Town of Estes Park Status: Pending Comments: 6. 01/18/06 Rod called back, will bring in all the stuff he has done by Friday 1/20/06. He will pick dates to complete items not done and sign. 5. 01/17/06 CM called Rod. Left Message to call. 4. 01/03/06 CM mailed letter to Rod Ault. Gave until Jan 15, 2006 to respond in writing. 3. 12/15/05 Rod called CM. CM will send letter to Rod. He will get plan in writing. 2. 12/15/05 No Response. AC and CM site visit. Left card w/wife. Took pics. Will need a plan in writing and dated as to when will comply with letter dated 5/31/05, item 3. 1. 11/21/05 Alison will contact Rod Ault regarding no compliance w/ stipulation on development plan for paving his driveway. Last time she talked to him, he said he would get done by Sept 05. Violator: Phone: Fax: Cellular: Email: Filer: Fees: $0.00 Receipts: $0.00 Phone: Fax: Cellular: Email: Violations: Identifier: Comments: p escriptor: Inspections: Inspection Type: Inspection Date: Inspector: Inspection Number: Passed? Conditions: Date: Code: Condition: Source: Description: Sta us: LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING Setback Survey Verification Form I, Lonnie A. Sheldon, a duly registered land surveyor in the State of Colorado, certify that a survey of the house foundation footings and floor elevation on Lot 4 of Acacia Corner - Subdivision, County of Larimer, State of Colorado, was performed under my responsible charge on July 20, 2004. The result of this survey showed that the foundation walls and second floor overhangs meet or exceed the required setbacks for the lot. Also, the floor elevation is at an elevation, which makes the house, measured at 29'2", meet the height limit. ieldon, LS #2674- 1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • Fax 970-586-8101 • E-mail' vhe@irbit LAND SURVEYS SUBDIVISIONS ----- DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING Setback Survey Verification Form I, Lonnie A. Sheldon, a duly registered land surveyor in the State of Colorado, certify that a survey of the house foundation footings and floor elevation on Lot 4 of Acacia Corner Subdivision, County of Larimer, State of Colorado, was performed under my responsible charge on July 20, 2004. The result of this survey showed that the foundation walls and second floor overhangs meet or exceed the required setbacks for the lot. Also, the floor elevation is at an elevation, which makes the house, measured at 29'2", meet the height limit eldon, LS 426974 1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • Fax 970-586-8101 • E-mail: vhe@airbits.comocith Town of Estes Park 170 MacGregor Ave. P.O. Box 1200 Estes Park, Co. 80517 Code Enforcement Record Page: 1 Citation Number: 180-05 Printed: 2/28/2006 Citation Date: 11/23/2005 Inspector: Carolyn McEndaffer Cited By: Town of Estes Park Status: Pending Comments: 9. 02/28/06 CM, AL & Rod Ault meet. Reviewed what needs to be done. He now understands what he needs to do with easements. Will get us copies when he gets signed and then copies when it is recorded with the County Clerk. 8. 02/24/06 CM Rod Ault came in with mylar and copy. I showed him what Alison wanted. He is still confused and so am I. I set up an apt. w/Alison, Rod and I to cover one more time. Maybe I can get a copy of plat on Lot 3 showing just the side easement. 7. 01/20/06 CM Rod Ault came in with some of the requirements. He gave me signed and dated items not done yet. Will review w/Alison what he gave to be sure what requirements where. 6. 01/18/06 Rod called back, will bring in all the stuff he has done by Friday 1/20/06. He will pick dates to complete items not done and sign. 5. 01/17/06 CM called Rod. Left Message to call. 4. 01/03/06 CM mailed letter to Rod Ault. Gave until Jan 15, 2006 to respond in writing. 3. 12/15/05 Rod called CM. CM will send letter to Rod. He will get plan in writing. 2. 12/15/05 No Response. AC and CM site visit. Left card w/wife. Took pics. Will need a plan in writing and dated as to when will comply with letter dated 5/31/05, item 3. 1. 11/21/05 Alison will contact Rod Ault regarding no compliance w/ stipulation on development plan for paving his driveway. Last time she talked to him, he said he would get done by Sept 05. Violator: Phone: Fax: Cellular: Email: Filer: Fees: $0.00 Receipts: $0.00 Phone: Fax: Cellular: Email: Violations: Identifier: Descriptor: Message Page 1 of I Carolyn McEndaffer From: Alison Chilcott Sent: Wednesday, March 01, 2006 5:35 PM To: Carolyn McEndaffer Subject: Rods Roads - Ault Development Plan Carolyn. Rod talked to Greg White yesterday about the grantee signature blocks. He said they are not needed. There are some cases when they are needed and some when they are not and this is a case when they are not needed. I called and talked to Rickie Ault and gave her this message. Alison 3/2/2006 May 31, 2005 Rod Ault PO Box 4396 Estes Park, CO 80517 Re: Ault Development Plan #04-01 Lot 4, Acacia Corner Subdivision Parcel Identification Number 2531478004 1220 Acacia Drive Dear Mr. Ault: This letter concerns the above -referenced property and compliance with development plan and building permit conditions of approval. Please contact the Planning office to discuss your planned timing to address the conditions of approval. Bob Joseph and I have left a few messages for you over the past couple weeks and have received no response. Planning notes that were placed are the building permit are provided below. 1. Building Permits with Development Plan Approval Compliance with approved development plan #04-01. 2. Contractor's Officeffemporary Construction Uses Compliance with EVDC 5.3.D.3 Contractor's Office/Temporary Construction Uses is required. 3. Unless otherwise stated below, all items below must be addressed prior to issuance of a certificate. a. Setback Certificate A stamped and signed setback certificate from a registered land surveyor is required. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the setback requirements and provide a setback certificate. The certificate is required to be on the job site for the Building Official at foundation inspection. Rod Ault May 31, 2005 Page 2 of 3 Features Allowed with Building Setbacks EVDC 1.9.D lists the features allowed within building setbacks. Cornices, canopies, eaves or other similar architectural features are allowed within the building setback provided they extend no more than three feet into a required setback or yard. b. Height (Elevation) Certificate A certificate stamped and signed by a registered land surveyor verifying that the foundations are set per the elevations shown on the building permit is required to be on the job site for the Building Official at foundation inspection. A benchmark point should be established on the lot for the surveyor to verify existing grade prior to construction. If existing grades at building corners shown on the plan are not accurate staff will need to rereview the plans with the accurate information to make the plans comply with the height requirements. c. Building Height Per EVDC 1.9.E.3 residential chimneys are exempt from the height standards only to the extent required by the Uniform Building Code. Wireless telecommunications facilities and structures are also exempt only to the extent allowed by the specific provisions set forth in Use Tables 4-1 and 4-4 in Chapter 4 and in 5.1.T of the EVDC. d.Employee Housing A restrictive covenant addressing the requirements in EVDC #5.2.C.2.a. Employee Housing should be submitted for staff review and approval. A copy of the recorded agreement should be submitted to staff. e. Access and Maintenance Agreement An access easement and maintenance agreement for the shared driveway shall be required. f. Drainage Easement The proposed drainage easement should be submitted to staff for review and approval and recorded. g. As Built Plans Per Appendix B.III.C.5 as built plans (1 Mylar + 1 paper copy + 1 digital copy) shall be submitted at the time construction of the improvements is completed. As - built plans shall include utilities, parking, building footprints and building square footage. Final certificate of occupancy shall not be issued prior to submittal of as - built plans. h.Letter of Credit A letter of credit may be required for the drainage and landscaping improvements. i. Outdoor Storage, Areas, Activities and Mechanical Equipment Compliance with EVDC 7.13 is required. This includes, but is not limited to screening, covering or painting conduit, meters, vents and other equipments Rod Ault May 31, 2005 Page 3 of 3 attached to the building or protruding from the roof to minimize visual impacts. Provisions for outdoor storage and trash collection are also found in this section. j. Lighting Per EVDC 7.9, all new exterior lighting must comply with the code, including shielding or concealing light sources. k. Wheel Stops These wheel stops need to be secured as required in the EVDC. I. Accessible Parking for Disabled Persons Per EVDC 7.11.L4, required spaces for persons with disabilities shall be identified with signs and pavement markings identifying them as reserved for persons with disabilities. Signs shall be posed directly in front of the parking space at a height of no less than forty-two (42) inches and no more than seventy-two (72) inches above pavement level. Should you have any questions or comments regarding this matter please feel, free to contact me (577-3720) at your convenience. Sincerely, Alison Chilcott, AICP Planner II Fs. 'IrVvtto° — Rod Ault PO Box 4396 Estes Park, CO 80517 Re: Ault Development Plan #04-01 Lot 4, Acacia Corner Subdivision Parcel Identification Number 2531478004 1220 Acacia Drive Dear Mr. Ault: ES May 31, 2005 This letter concerns the above -referenced property and compliance with development plan and building permit conditions of approval. Please contact the Planning office to discuss your planned timing to address the conditions of approval. Bob Joseph and I have left a few messages for you over the past couple weeks and have received no response. Planning notes that were placed are the building permit are provided below. 1. Building Permits with Development Plan Approval Compliance with approved development plan #04-01. icApc-e`5c . Contractor's Office/Temporary Construction Uses Compliance with EVDC Contractor's Office/Temporary Construction Uses is required. 3. Unless otherwise stated below, all items belowus be addressed prior to issuance of a certificate. a,Setbatertificate A stamped and signed setback certificate from a registered land surveyor is required. A registered land surveyor shall set the survey stakes for the foundation forms, After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the setback requirements and provide a setback certificate, The certificate is required to be on the job site for the Building Official at foundation inspection. Ittp://www,estiesnet,corn (970) 586-5331 • PO. BOX '1200 • 1:70 MAC GREGOR AVENUE ° ESTES PARK,: CO 8051,7 bc-391e tip. t Rod Ault May 31, 2005 Page 2 of 3 Features Allowed with Building Setbacks EVDC 1.9.1) lists the features allowed within building setbacks. Cornices, canopies, eaves or other similar architectural features are allowed, within the building setback provided they extend no more than three feet into a required setback or yard, th-Height(EleValtatrY€ ate- ; A certificate stamped and signed by a registered land surveyor verifying that the TOundations are set per the elevations shown on the building permit is required to be on the job site for the Building Official at foundation inspection. A. benchmark point should be established on the lot for the surveyor to verify existing grade prior to construction. If existing grades at building corners shown on the plan are not accurate staff will need to rereview the plans with the accurate information to make the plans comply with the height requirements. c. Building Height Per EVDC 1.9.E.3 residential chimneys are exempt from the height standards only to the extent required by the Uniform Building Code. Wireless telecommunications facilities and structures are also exempt only to the extent allowed by the specific provisions set forth in Use Tables 4-1 and 4-4 in Chapter 4 and in 5.1.1' of the EVDC. _ yee Housing ?ictri-c- -rL(Lc ,616 sing should be submitted for staff review and approval. A copy of the recorded agreement should be submitted to staff. •e ess ant na addressing the requirements in EVDC #5.2.C.2.a. Employee c ntenance Agreement An access easement and maintenance required. f. Drainage Ease ent hi 747 kr" The proposed drainage easement should approval and recorded. g.,.‹ A.glau . If.r.4 0( ,dt " ans ,7 Per Appendix B.III.C.5 as built plans (I Mylar + 1 paper copy + 1 digital copy) shall be submitted at the time construction of the improvements is completed. As - built plans shall include utilities, parking, building footprints and building square footage. Final certificate of occupancy shall riot be issued prior to submittal of as - built plans. 70D — Z- cs 5 em cg-r- 4sot1/44-cr agreement for the shared driveway shall be 13Drr°14/ wsoovel, rt 17,* 01 Lo-r-5 Prcc c.,6 5 or 3 Frz-ovv\ , #4CAL 40 L157-- be submitted to staff for review and IV' (<1 e AAA-0 ft01M C Letter of Credit A letter of credit may be required for the drainage and landscaping improvements. tdoor °rage, Areas, Activities and Mechanical Equipment 5'---uompliance with EVDC 7.13 is required. This includes, but is not limited to screening, covering or painting conduit, meters, vents and other equipments Rod Ault May 31, 2005 Page 3 of 3 attached to the building or protruding from the roof to minimize visual impacts. Provisions fOr outdoor storage and trash collection are also found in this section. j. Lighting j..4,A, 1410 txr, Per EVDC 7.9, all new exterior lighting must comply with the code, including shielding or concealing.. light sources. iASC kx2) .Wheel Stops These wheel stops need to be secured as required in the EVDC. I. Accessible Parking for Disabled Persons Per EVDC 7.11..1,4, required spaces for persons with disabilities shall be identified with signs and pavement markings identifying them as reserved for persons with disabilities. Signs shall be posed directly in front of the parking space at a height of no less than forty-two (42) inches and no more than seventy-two (72) inches above pavement level. pow} (nc.Ar-k; Should you have any questions or comments regarding this matter please feel free to contact me (577-3720) at your convenience. Sincerely, Alison Chi cott, MCP Planner II Rod Ault May 31, 2005 Page 2 of 3 Features Allowed with Building Setbacks EVDC 1.9.D lists the features allowed within building setbacks, Cornices, canopies, eaves or other similar architectural features are allowed within the building setback provided they extend no more than three feet into a required setback or yard. b. Height (Elevation) Ce icate A certificate stamped and signed by a registered land surveyor verifying that the b13 9145 tk-OToundations are set per the elevations shown on the building permit is required to be on the job site for the Building Official at foundation inspection. A benchmark 1, point should be established on the lot for the surveyor to verify existing grade prior to construction. If existing grades at building corners shown on the plan are not accurate staff will need to rereview the plans with the accurate information to make the plans comply with the height requirements. c.? c. Building Height Per EVDC 1.9.E.3 residential chimneys are exempt from the height standards only to the extent required by the Uniform Building Code. Wireless telecommunications facilities and structures are also exempt only to the extent allowed by the specific provisions set forth in Use Tables 4-1 and 4-4 in Chapter 4 and in 5.1.T of the EVDC. d. Employee Housing A restrictive covenant addressing the requirements in EVDC #5.2.C.2.a. Employee Housing should be submitted for staff review and approval. A copy of the recorded agreement should be submitted to staff. e. Access and intenance Agreement An access easement and maintenance agreement for the shared driveway shall be required. Irn,0,7j nactdr q)(1 1,571 ED * e ent The proposed drainage easement should be submitted to staff for review and approval and recorded. g. As tuilt a s Per Appendix BAII.C.5 as built plans (1 Mylar + 1 paper copy + I digital copy) shall be submitted at the time construction of the improvements is completed. As - built plans shall include utilities, parking, building footprints and building square footage. Final certificate of occupancy shall not be issued prior to submittal of as - built plans. h. Letter of Credit A letter of credit may be required for the drainage and landscaping improvements. I. Outdoor Storage, Areas, Activities ad Mec.anicai Equipme t Compliance with EVDC 7.13 is required. This includes, but is not limited, to screening, covering or painting conduit, meters, vents and other equipments Rod Ault May 31, 2005 Page 3 of 3 attached to the building or protruding from the roof to minimize visual impacts. Provisions for outdoor storage and trash collection are also found in this section. . Lighting Per EVDC 7.9, all new exterior shielding or concealinlight sources. ZIV-cto w•- Ltsklz, ting must comply with the code, including e 7 / . e..„ k. eel Stops These wheel stops need to be secured as required in the EVDC. 4""' L Accessible Parking for Disabled Persons Per EVDC 7.11.J.4, required spaces fir persons with disabilities shall with signs and pavement markings identifying them as reserved for disabilities. Signs shall be posed directly in front of the parking space no less than forty-two (42) inches and no more than seventy-two (72) pavement level. kr.J; t 1 f F petv: rncti-e;r1cp, o.ALL Should you have any questions or comments regarding this matter please feel free to contact me (577-3720) at your convenience. Sincerely, C.- Alison Chilcott, MCP Planner 1 PA-ki i\k ,44 44 be identified persons with at a height of inches above TOWN OF ESTES PARK COMPLAINT ACTION FORM Directed to: 0 Fie 0 Police 0 TownAdministrator 0 Build ec, Zcining 0 Public "Works Taken by Tirne Date Address of Allezed Violation 62(7,10 lA(ok-CIA- Complainant Name Address Telephone Findings/Results/Action Taken Signed, Larimer County Assessor Property information Page 1 of 2 Larimer County Assessor Property Information Property Tax Year 2005 Parcel Number: 2531,4-78-004 Tax District: 334.4 General Information Schedule Number: 114,16 0 i.57-1 Current Mill Levy: 66„266 Owner Nattle & A ddress Properti Address AULT, RODNEY B/RICKI J 1220 ACACIA DR PO BOX 4396 ESTES PARK 805170000 ESTES PARK, CO 80517 Subdivision: #3301 - ACACIA CORNER SUBDIVISION Legal Description LOT 4, ACACIA CORNER SUBDIVISION, EP (2001005173) Sales Information Reception # Sale Price Deed Type Sale Date 2003002804 $53,400 WARRANTY DEED 01/02/2003 Value information Abstract Code/Description 2224 Warehouse 2227 Com/Res 2224L Warehouse 2227L Com/Res Value Type M provement Improvement Land Land Totals: Actual Value $69,400 $72,300 $26,100 $27,200 Property Attributes and Descriptions Attribute Access Improvements Topography/Shape Utilities Water Attribute Description Good Paved Streets Level Electricity Public Building Improvements Building ID: 1 Property Type: Commercial Built As: Multiple - Residential Occupancy: Multiple - Residential Year Built: 2004 Year Remodel: Quality: Average Condition: Average $195,000 Assessed Value $20,130 $5,760 $7,570 $2,170 $35,630 ilea( Complete HVAC Roof 'Fyne: Gable Roof Cover: Foundation: Rooms: 5 Bedrooms: 0 Baths: 0.00 Units: 1.00 Cross Acres 0.00 0.00 0.09 0.09 0.18 Gross Sqlq 0 0 3,735 3,888 7,623 Total Sq Ft: 321 0 Condo Sq Ft: Bsmt. Sq Ft: Bsmt. Fin. Sq Ft: hap://larimer,org/assessor/query/Detail.cfm?PropertyTypeVar=Commercial&Building.ID,.. 11/23/2005 Town of Estes Park 170 MacGregor Ave. P.O. Box 1200 Estes Park, Co. 80517 Code Enforcement Record Page: 1 Citation Number: 180-05 Printed: 11/23/2005 Citation Date: 11/23/2005 Inspector: Carolyn McEndaffer Cited By: Town of Estes Park Status: Pending Comments: 1. 11/21/05 Alison will contact Rod Ault regarding no compliance w/ stipulation on development plan for paving his driveway. Last time she talked to him, he said he would get done by Sept 05. Violator: Phone: Fax: Cellular: Email: Filer: Fees: $0.00 Receipts: $0.00 Phone: Fax: Cellular: Email: Violations: Identifier: Comments: Descriptor: Inspections: Inspection Type: Inspection Number: Inspection Date: Inspector: Passed? 0 Conditions: Date: Source: Status: Code: Description: Condition: Graphics: Description: Other Fields: GRANT OF AN ACCESS UTILITY EASE ACROSS A PORTION OF LOT 2 OF ACACIA CORNER SUBDIV ,StoN, A REPLAT OF -- LOT 2 OF THE MOUNTAIN TECHNOLOGICAL CENTER SUB — IN SECTION 31, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6th P.M., TOWN OF ESTES PARK, COUNTY OF [AMMER, STATE OF COLORADO. FOR VA...LUABLE CONSIDERATION, the receipt and sufficiency whereof is acknowledged by receipt. of $1.00, Triple H. Development, Inc, owner of a portion of land described in EXHIBIT "A", h.is successors and assigns, hereinafter referred to as GRANTOR, does hereby grant unto the owners of Lot I in Acacia Comer Subdivision, recorded in the office of the Clerk and i(ecorder of Lorimer C.'.oun.ty, and their successors and assigns, hereinafter referred to as GR„ANTEES, an easement for access and utilities with the right to construct, maintain, inspect, operate, repair replace, and remove such access or utilities.. Said easement is described on EXHIBIT "A", attached hereto, The GRANTOR hereby warrants that he is the owner in fee simple of said property and is authorized to grant this easement. GRANTOR reserves the right to use and enjoy such described property so long as such use and enjoyment does not interfere with the rights herein granted to the GRANTEES. GRANTOR specifically agrees not to build, create, or construct any obstructions or structures over or within aid easement, plant trees or impound any water thereon, and not permit the same to be done by others without the written consent of the GRANTEES. Such consent will not be unreasonably withheld if the GRANTEES determine that the same will not interfere with their rights hereunder. The rights herein granted may be assigned in whole or in part, and the terms, condition, provision of this easement grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, THE GRANTOR HEREIN HAS EXECUTED THIS EASEMENT GRANT THIS \5DAY OF c J , 2o3 GIANTOR, Tripl e 1 L lDevelopment, Inc Stolen A. Holgorsen, President. State of County of ot-dC? }ss The foregoing instrument was acknowledged before me this Ts:), day of Akara,„.„ 2O by Triple H. Development, Inc, Steven A. Holgorsen, President, Witness my hand and official seal. My commission expires: My Comr-61Eion EX;',7C-"r.; NOV, 13, 2004. 2Th FV.k. L5tas Park, 7 Notary Public z 0 0 z a NEW ACCESS AND UTILITY EASEMENT LOT 2 ACACIA CORNER SUBDIVISION LOT 1 ACACIA CORNER SUBDIVISION 589'1400"E 81.98' 10' WIDE PRIVATE UTILITY, DRAINAGE, ACCESS, AND EAVE EASEMENT NEW 15' WIDE ACCESS AND UTILITY EASMENT LOT 2 R=5.00' ACACIA L=7.85' CORNER 0=89'59'11" SUBDIVISION CHB=N45•45.36"E CH=7.07 _NEW 12' WIDE ACCESS AND UTILITY EASEMENT S89'14'49"E 60,31' LOT 1 MOUNTAIN TECH CENTER SUBDIVISION N8914`494W 90. POINT OF BEGINNING LEGEND NEW EASEMENT - EXISTING EASEMENT PROPERTY LINE AREA OF NEW EASEMENT T 3 ACACIA CORNER SUBDIVISION R=5.00' L=7.86' 0=9000'49" CHEI=S44'14.24"E CH=7.07' 589'14'49E 11.00' SE1914'49"E 6.00' S0046.00" 18.82' N89-14'49I`W 56.10 10' WIDE UTILITY AND DRAINAGE EASEME ciSSICS ho*. N SCALE 1" = 30' LO .SH PE drLS 26974 AN ACCESS AND UTILITY EASEMENT ON A PORTION OF LOT 2 OF ACACIA CORNER SUBDIVISION, A REPLAT OF' LOT 2 OF THE MOUNTAIN TECHNOLOGICAL CENTER SUBDIVISION, LOCATED IN SECTION 31, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6th P.M., T,")WN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 AND CONSIDERING THE SOUTH LINE OF SAID LOT 2 TO BEAR N89'1449.W WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N8914'491/1 90.97' ALONG THE SOUTH LINE OF SAID LOT 2; THENCE ALONG THE WEST LINE OF SAID LOT 2 NO0'50'10111 12.00'; THENCE DEPARTING THE WEST LINE OF SAID LOT 2 S89'14'49-E 60.31'; THENCE 7.85' ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 5.00', A DELTA OF 89'59'11" AND IS SUBTENDED BY A CHORD WHICH BEARS N45'45'36"E A DISTANCE OF 7.07'; THENCE NO0'46'00-E 54.54' TO THE NORTH LINE OF SAID LOT 2; THENCE 5139'14'00"E 15.00' ALONG THE NORTH LINE OF SAID LOT 2; THENCE SO0'46.00°W 52.72' ALONG THE PROPERTY LINE OF SAID LOT 2 TO AN INTERNAL CORNER OF SAID LOT 2; THENCE CONTINUING AND DEPARTING THE PROPERTY LINE OF SAID LOT 2 500'4600"W 1.82'; THENCE 7.86' ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 5.00', A DELTA OF 90'00'494 AND IS SUBTENDED BY A CHORD WHICH BEARS S44'14.24E A DISTANCE OF 7.07'; THENCE S89'I4'49-E 6.00, MORE OR LESS TO THE EAST LINE OF SAID LOT 2; THENCE 500'46'00W 12.00 ALONG THE PROPERTY LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1,998 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. DRAWN DATE 2003-02-24 VAN HORN ENGINEERING 1043 Fish Creek Road — P.O. Box 456 — Estes Pork, CO 80517 Phone: (970) 586-9388 — Fox: (970 586-8101 SCALE PROJ. NO, 30' 2003-02-06 14. F ESTES PARK , September 19, 2003 TO: All Affected Agencies FROM: Alison Chilcott, Planner Community Development Department SUBJECT: Ault Development Lot 4, Acacia Corner Subdivision 150 feet east of the corner of Acacia Drive and Avalon Drive Enclosed please find Development Plan 03-13 for the above referenced property. This request was submitted by Rodney & Ricki Ault and is currently under Staff Review. Please submit any comments you may have regarding this request as soon as possible, but no later than October 3, 2003. NOTE: Please send (or fax) a copy of your comments to the applicant or his/her agent at the address or fax number shown below: Vam Horn Engineering Joe Coop P.O. Box 456 Estes Park, CO 80517 Fax: 970-586-8101 Enclosures http://\vw \v,eSteSn(?t,corn M70) 58.6.5 3.31. *U B(..).\ 1200 * 170 VC;RE(I;(:)R iVILNUE ES:11.3 PARK, CO .E.R11:',17 * FAX (..".:)71}) 58.6-281i). Ault Development Plan Statement of Intent Rod and Rick" Ault, the owners of Lot 4, Acacia Corner Subdivision, wish to construct a. two story frame building consisting of a first floor garage and office with a second story residence. The lot is zoned heavy commercial and will use the code revisions regarding employee housing bonus density that go to the Board of County Commisioners on September 15, 2003. They will take advantage of the accessory dwelling unit but will not be using the 25% increase in floor area. The first floor will have an area of 1,680 square feet consisting of a 1,120 square foot garage and a 560 square foot office. The second floor residence will have an equal square footage with a deck on the back. The primary use of the property is for Rod.'s Roads to store materials and park work trucks. The garage and office are secondary in use for the business and residence. In addition to the building there is a tank on the premises that is 10' in diameter and I 0.5 feet high that will be screened with trees as required by street landscape screening and buffering. The access for the property will be a shared access with Lot 3, Acacia Corner Subdivision through the use of an easement that will be prepared prior to completion of this development plan, The street access will be entirely on Lot 3 and the owners will then cross on to Lot 4. Drainage will be addressed to accept the flow from Lots 1-3 of Acacia Corner Subdivision as required in the original subdivision. The drainage needs to he altered to. enable the construction of the building. A drainage plan is accompanied with this application in a report. DECLA io II ID 11111 I SCOTT DOYLE, RECORDER, LARIMER COUNTY CO RCPTNU 2003-0133429 10/21/2003 08:00:00 PAGES - 3 FEE $16,00 DOC $0.00 TION OF A RESTRICTIVE COVENANT THIS DECLARATION OF A RESTRICTIVE COVENANT is made as of the day of UT;e02- , 2003, by RAYMOND A. DUGGAN, III and LONA CATHEY MESSINGER (Declarants). RECITALS 7-91/ A. Declarants are the owners of that certain real property involved in the Development Plan for Duggan Commercial Building, more particularly described as Lot 1 of Acacia Corner Subdivision, a Replat of Lot 2 of the Mountain Technological Center Subdivision, located in Section 31, Township 5 North, Range 72 West of the 6th P.M., Town of Estes Park, County of Larimer, State of Colorado (Property). B. The Town of Estes Park (Town) has established various zoning restrictions regarding the occupancy of the Property. Declarants desire to establish an Employee Housing Unit on the Property. The purpose of this Declaration is to create a restrictive covenant that runs with the land and that restricts the utilization of such Employee Housing Unit in conformity with the requirements of the Town. ARTICLE I DECLARATION Section 1.1 Declaration. Declarants hereby declare that the Property shall be held, sold, and conveyed at all times subject to the following employee housing covenant and restriction, which shall nin with the land and be binding on all parties, heirs, successors, and assigns of parties having any right, title, or interest in all or any part of the Property. ARTICLE II DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall have the following meanings: Section 2.1 "Employee Housing Unit" shall mean an accessory dwelling unit(s) for an owner, operator, or employee of the owner/operator, and for his or her immediate family, of the principal use or business located on the Property. Employee Housing Unit shall also include a dwelling unit occupied by the owner, operator, or employee of the owner/operator while acting as caretaker, custodian, or security personnel for a principal use or business on the Property. ARTICLE 111 RESTRICTIONS ON USE Section 3.1 Standards. Any Employee Housing Unit created on the Propertyshall be subject to the following operational standards: BERNARD LYONS CADDIS & KAHN PC PO BX 978 =Inv (A MAMMA MAINTENANCE 1 USE AGREEMENT ACCESS, D «..INAGE AND EAVE EASEMENTS LOTS 1, 2, 3 AND 4, ACACIA CORNER SUBDIVISION 4it Wher Lots 1, 2, 3 and 4 of Acacia Corner Subdivision are encumbered by - ---" Ower easements for either, or a combination of, access, drainage and cave encroachment. Whereas: It is in the interest of all of the owners of the involved properties to define the rights and obligations of each. Therefore: The following is agreed. toy the owners of record of said Lots I., 2, 3 and ° 4 of Acacia Comer Subdivision, This Agreement runs with the land and shall be binding on the heirs and assigns of the current owners: Eaves - Eaves of the existing building on Lot 3 that encroach beyond the boundary of that lot may be mdintained by the owners of said building to the extent and location that exists at the time the plat is recorded. In the event of the re -building of the said building, the eave encroachment shall be removed and the then current rules and regulations shall be adhered to and said cave easement shall cease to exist. B. Drainage - The drainage facilities ofAcacia Corner Subdivision are for the benefit of all lots. All costs and maintenance of said facilities shall be paid equally by all four lots. TIT the event any owner wishes to modify said facilities on his lot for his benefit, that cost shall be pad solely by that owner. The adequacy of said modifications shall be verified by a licensed engineer. Any increased maintenance cost created by the modifications shall be paid by that owner: Access - All access easements are for the benefit of all lots adjacent to said easements. The maintenance of said easements in a non -improved, non -surfaced condition shall be equally paid by the owners using said easements. Any owner or combination of owners may improve any access easement to a higherlevel of service. Unless agreed upon in writing, between the impacted parties, the maintenance of said improvements shall be paid in the same ratio as the,original costs of said .improvements, Agreed to this / day of ‘6. 2000 by the undersigned being the owners 'of all of Acacia Corner Subdivision. s and Sons, Inc. by 11. Bernard Danneis, President