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HomeMy Public PortalAboutZBAP 2007-04-27 ," Town of Fraser Zoning Board of Adjustment Regular Meeting Agenda Town Hall, 153 Fraser Ave Thursday, April 26, 2007 5:15 p.m. 1. Roll Call 2. Approval of Minutes from the September 13,2005 meeting 3. Public Hearings and Action Items a. Rear yard setback variance request submitted by Dan Yamagishi. The encroachment into the rear yard is approximately two feet (2'). The subject property is more legally described as follows: Lot 27, East Mountain Filing 1, Rendezvous Reception # 2001-002997 aka 1550 Rendezvous Road, Fraser b. Rear yard setback variance request submitted by Philip NailllEric VanHerwaarden. The encroachment into the rear yard is approximately eight feet (8'). The subject property is more legally described as follows: Lot MH-30 Ptarmigan Subdivision Reception # 125924 aka 850 Badger Lane Unit 1&2, Fraser 4. Adjournment ~ Re-posted April 23, 2007 ýÿ BRIEFING FOR ZONING BOARD OF ADJUSTMENT PUBLIC HEARING THURSDAY, APRIL 26, 2007 6:00 PM Dan Yamagishi has requested a public hearing in order for the Board of Adjustment to consider granting a rear yard setback variance for a rear yard setback encroachment for a single family dwelling unit on Rendezvous Road, East Mountain Filing 1 in Rendezvous. Please see the attached letter and the improvement location certificate detailing the variance request. The house encroaches 0.91 feet into the setback and a second story deck encroaches 1.88 feet into the setback. I have enclosed the definition of "setback" and the Town's regulations as they pertain to the ''Board of Zoning Adjustment." To reiterate, the Zoning Ordinance provides the following criteria for consideration of variances: 1. That the situation is reasonably necessary for the welfare or convenience of the public. 2. The variance can not authorize a variance from the permitted uses within a zoning district. 3. That an unnecessary hardship to the owner would otherwise occur. 4. That the circumstances found to constitute a hardship were not created by the owner, or were in existence prior to adoption of the Zoning Ordinance. 5. That the variance would not injure the value, use of, or prevent proper access of lighted air to adjacent properties. 6. That the variance would not be out of harmony with the intent and purpose of the Zoning Ordinance. The Town Board did review this variance request on April 18th, 2007 per our regulations. The Board made a motion to recommend approval of this variance. Philip Naill & Eric VanHerwaarden have requested a public hearing in order for the Board of Adjustments to consider granting a rear yard setback variance for a rear yard setback encroachment for a two-unit structure (duplex) on Badger Lane, Ptarmigan Subdivision. Please see the attached letter and the plat detailing the variance request. Unit #1 encroaches 8' into a 10' setback. The applicant has building permit information from 1985 indicating that the Town signed off on the site plan with this encroachment. The applicant would like to subdivide the property which would allow them to seU each half separately. All subdivisions must comply with aU rules and regulations identified in or by the Fraser Zoning Ordinance, thus this is the first step in the process. The Town Board did review this variance request on April 18th, 2007 per our regulations. The Board made a motion to recommend approval of this variance 3-2, with Steve Sumrall abstaining. Please call me with comments and/or questions. FRASER ZONING BOARD OF ADJUSTMENT MINUTES DATE: Tuesday,Septexnber 13,2005 PLACE: Town Hall Board Rooxn PRESENT Board: Chairperson Debbie Knutson and Mexnbers: Karen Frye, Doug Laraby and Steve Sumrall Staff: Town Planner Catherine Trotter and Town Clerk Molly McCandless Others: Art Olson and Marian Waldron Chair Knutson called the xneeting to order at 6:00 p.xn. ADDroval of Minutes from the ADril 26. 2004 meetin~ Mr. Sumrall xnoved, and Mr. Laraby seconded the motion to approve the nrinutes of the April 26, 2005 xneeting. Motion carried: 4-0. (Note: These nrinutes were previously approved via exnail by all mexnbers present at the xneeting.) Public BearinJ[ and Action Item Mountain Meadow Townhomes - Lot 6, Block 1, Workshire Acres Sideyard setback variance request Mr. Sumrall xnoved, and Ms. Frye seconded the motion to open the Public Hearing. Motion carried: 4-0. Planner Trotter stated that the Notice of Hearing was published, adjacent property owners had been notified by the Applicant, and the Fraser Board of Trustees had submitted an opinion of approval on this xnatter, as required. Applicant Art Olson presented his request. The ZBA reviewed the xnatter; there was no public CODlDlent. Mr. Laraby xnoved, and Mr. Sumrall seconded the motion to close the Public Hearing. Motion carried: 4-0 Ms. Frye xnoved, and Mr. Laraby seconded the motion that the application xneets the xnajority of the criteria for consideration of variance, and to approve the variance as follows: the southwest comer of unit #217 is encroaching in the 7 -foot sideyard setback by 11.5 inches. The encroachm.ent is a wedge and as you xnove eastward for a distance of 9.3 feet, the encroachm.ent becomes non-existent. Motion carried: 4-0 Chair Knutson asked for itexns not on the agenda. There were none. Mr. Sumrall xnoved, and Mr. Laraby seconded the motion to adjourn. Motion carried: 4-0, at 6:25 p.xn. Molly McCandless, Town Clerk ýÿ (43) Public Building or Use: Any building open to the general use, participation or enjoyment of the public and owned by the municipality, county, state or federal government, or by a governmental subdivision thereof, or by a public utility corporation. (44) Public Water and Public Sewage Facility: Those facilities of a municipality or a sanitation district approved by the Colorado State Health Department which provides for the furnishing of water or the processing of sewage. (45) Recreation Area: An area of usable land at least six thousand (6,000) square feet in area which is planted in suitable vegetative growth and/or so designed and maintained so as to provide recreation facilities for children and adults. (46) Resident (Employee) Housing: A dwelling unit which is deed.restricted, restricting the units to either one of the following: (a) Long term lease for a minimum period of six (6) months; or (b) Sale to a person residing in and employed in Grand County, as their primary residence under a Town approved sale program. Dwelling units not sold pursuant to the provisions of the second paragraph above shall be held in the ownership of an acceptable entity as. approved by the Town and subject to those deed restrictions required by the Town (homeowners' associations, condominium associations, and businesses providing the units are acceptable entities, among others). All resident units shall be between three hundred fifty (350) and one thousand two hundred (1,200) square feet in size unless otherwise allowed by the Planning Commission. (47) Relative Policy: A policy which the community encourages be implemented, but which need not be implemented. Positive, negative, or zero points are allocated based on the features of the proposed development and how well it implements a particular relative policy. (48) t. ~etb:tSl The distance requited by this Ordinance between the face of a building and the ot e opposite that building face, measured perpendicularly to the building. Where angled building or lots, curved streets, etc. exist, the setback shall be taken as an average distance. (49) Sign: Shall include any writing, pictorial representation, form, emblem, or any other figure of similar character which is a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on a building, board, plate or upon any material, object or device whatsoever, which by reason of tis form, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement. 13-118 , ARTICLE 13-10 BOARD OF ZONING ADJUSTMENT Section 13-10-1. Creation. (1) Pursuant to provisions ot Section 139-60-7, Colorado Revised Statutes, 1963, ther~ is hereby created a Board of Zoning Adjustmetlt, which shall consist ot five (5) members and which shall be appointed by the Board of Trus1:ees of the Town of Fraser. Further reterence 'to the Board of Zoning Adjustment may hereafter be made as the "Boardla. Section 13-10-2. Membership. (1) Within thirty (30) days after final passage ot this Ordinance, the Board of Trustees of the Town ot Fraser shall bppoint a Board of Adjustment, the members of which shall be residen't property owners of the Town of Fraser. The terms of office of the members ot the Board of Adjustment 'shall be three (3) years each. Vacancies in said Board caused by death, resignation, refusal to act or removal by the Board of Trustees of the Town of Fraser, shall be filled by appointment of said Board of Trustees. The Board ot Trustees shaJl appoint the Chairman of the Board uf Adjustment. Section 13-10-3. Dut~~ of the Board of Adjustment.. (1) The Board of Adjustment shall have the following duties: (a) 'l'o meet at the call of the Chairman, or by the request of the Building Inspector, the Board fo Trustees ot the Town of Fraser, or by any party wishing to appeal the decision of the same, as provided by statute. (b) To adopt any rules necessary to transac't the Board ot Zoning Adjustment IS business or to expedite its tunctions or powers so long as they are not inconsistent with the provisions of the applicable Colorado Statu'tes. (c) To vote upon the granting of special permits provided by this Ordinance or adjustments to requirements of the Zoning Ordinance, which vote shall require the concur'rance of four (4 J members of the Board in order to reverse any order, requirements, decision or determination of any administrative otficer, such as the Building Inspector, or the Board of Trustees of the 'l'awn of Fraser, or to decide in ravor of the applicant in a matter' upon which it is required to pass under this Ordinance or to effect any variation in this Ordinance. 13-105 ýÿ . (d) To keep minu~es of the proceedings of each meeting which shall be filed in the office of the Board of Adjustment who may designate the Building Inspector to keep such files, and which shall be a public record. (e) To permit the public to attend and be heard at all of it~ meetings. Section 13-10-4. Jurisdiction of the Board of Adj~!me~:!;..:. (1) Definit~on: The jurisdiction over the provisions of Sections Statutes, as amended. Board of Adjustment is granting of variances 31-23-301 and 31-23-307, hereby gran'ted pursuant to the Oolorado Revised (2) Variances: The Board of Zoning Adjustmen't shall have the power to grant variances from the provisions ot this Ordinance; but only after consideration of the following provisions: (a) That satisfactory proof has been presented to the Board showing that the present or proposed situation of a requested building, structure, or use is reasonably necessary for the convenience or welfare of the public. (b) That the variance which is reques'ted would not authoriz~ any use other than uses enumerated as a use by right of tne district (cl That an unneccessary hardship to the owner would be shown to occur if the provisions of the Ordinance were literally followed. (d) That the circumstances round to constitute a hardship either were not created by the owner, or were in existence at the time of the passage of this Ordinance, and cannot be reasonably corrected. (e) That the variance would not injure the value, use of, or prevent the proper access of lighted air to the adjacent properties (f) That the variance would not be out of harmony with the intent and purpose of this Ordinance. 13-106 ýÿ , Section 13-10-5. Procedure. (1) The Board of Adjustment shall act in strict accordance with all of the applicable laws of the State of Colorado, Grand County, and the Town of Fraser. (2) The procedure shall be as follows: (a) All appeals to the Board shall be in writing. (b) Every appeal shall indicate what provisions of this Ordinace are invloved and what relief is sought by the applicant. (c) The applicant shall set forth the grounds upon \'111ich an appeal is being sought. (d) The Chairman of the Board shall, within seven (7) days after the filing of an appeal, call a meeting ot the Board for the purpose of reviewing the appeal. (e) The Chairman of the Board shall furnish a copy of the application to the Board of Trustees of the town of Fraser tor an opinion, which opinion shall be returned to the Board before the date set for the hearing on the appeal. (f) The Board of Adjustment shall hold a public hearing on all applications and appeals with the following conditions required: (i) A notice of said hearing shall be published once in a newspaper of general circulation within that part of the County where the property is located at least fourteen (14) days prior to the hearing date. (ii) A written notice of said hearing shall be mailed by certified mail, return receipt requested, at least fourteen (14) days prior to the hearing date to the owners of the property within one hundred feet (1001) of the property in question. (iii) Preparation of and payment of all notices shall be the responsibility of the applicant. (g) Before any variance is granted, the Board shall include d written finding in its minutes <:lG part ot the recor"d in each case, stating specifically the excep~ional conditions, the practical difficulties 01.' unneccessary hardships involved. (h) Unless otherwise stated in the Board minutes, all variance permits shall be issued within six (6) months from the time ouch variance is granted by the Board, after which time, if the variance permit h~s not been obtained, it sball become null and void. 13-107 ýÿ ~ Section 13-10-6. Appeals from the Board_~t Adjustment. (1) Every decision of such Board shall be subject, however, to review by certiorari by the District Court of Grand County, and as provided by law. Such appeal shall be filed not later than thirty (30) days from the final action taken by the Board of Adjustment. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of Fraser. Section 13-10-1. Fees ( 1 ) All payment which a refunded that such appeals to the Board at Adjustment shall be accompanied by of a fee of ~i.6C for each separate decision or ruling from variance request is being made. Said fee shall not be notwithstanding that applicant has withdrawn such appeal 01:' appeal is denied by the Board of Adjus~ment. 13-10B ýÿ II . -.. April 5, 2007 The Town of Fraser Board of Adjustments P.O. Box 120 Fraser, CO 80442 RE: 1550 Rendezvous Road, Lot 27, Filing 1, the Ridge at Rendezvous ("Property") To Whom It May Concern: It came to our attention in connection with a proposed sale that a comer of the home on the "Property" is 0.91 feet into the required setback and a covered second story deck comer is 1.88 feet into the setback (see attached ILC survey provided by Tim Shenk). As long time Denver residents, we have always been very attracted to the year round beauty, accessibility and anlenities available in Grand County. For these reasons and our strong belief in the value of the Grand County, we invested in the "Property". We intended on complying with all applicable local rules and regulations governing the construction of a home on the "Property" and, towards this end, we employed a professional builder, architect and surveyor with a proven track record in Fraser. We are not quite sure where the breakdown occurred in the building process and apologize for any inconvenience that this process may cause to the members of the Board of Adjustments. We respectfully request a 2' variance from the 20' rear setback for the reasons set forth in this letter. We believe that the current house on the "Property" reflects very well on the surrounding community and the home was featured in the Parade of Homes last summer. We also believe that, due to . the size of the "Property" (1 acre) compared to the requested variance, the undulating nature of the "Property", and the fact that the Property borders 4 E open space, the requested variance will be unnoticeable to the naked eye. Additionally, based on information that we have received from the builder, moving the home to fit within the existing set back would be prohibitively expensive. We thank you in advance for your consideration on this matter that is very important to us. We respectfully request that you consider the following discussion of the provisions of section 13- 10-4 of the town code: A) This variance request has no appreciable negative impact on the public. It is in the public's best interest to help the owner have a salable property of which they can have clear title. B) This variance request does not change any uses of the property. Remains single family residential. C) It would be a clear hardship to move or modifY the existing building. The points of encroachment are multi story load bearing points with extensive foundation elements below them. ýÿ '.. D) The owner hired a professional builder, architect, and surveyor to design, place, and build the home on the Property. It appears that the Architect and the Builder failed to recognize the encroachment while constructing the house. To move or modify the structure at this point would be extremely impractical, expensive, and detrimental to the building design. E) This variance would not impact the use, value, or access to the adjacent 4 E open space that borders this entire property line. F) This variance request is for 2' in a 20' setback. It is a very small percentage(lO%) of the set back amount. The front of the house faces Rendezvous Road, the street from which the driveway enters. The set back in question is on the side of the home instead of the back. There is more than 30' on the back side between the house and the lot behind it. We are hopeful of resolving this issue to everyone's satisfaction. Please contact me at your convenience if you have any comments or questions. Sincerely, y~~ Dan Yamagishi PO Box 1619 Winter Park, CO 80482 415.531.5699 ýÿ A FNl LK.J ~...; u ~ rt0J...c.......'.:...'. ~ D Custom Home Sites Cabins Townhomes Future Cabins and Townhomes ~ Cabin If Townhome _ Sales Center G Custom Homesites If Custom Home V Sales Center -......... To Cabin and Townhome Sales Center Regional Trail On-Road Trail Community Trail CUSTOM HOMESITES & CUSTOM HOME SALES CENTER COZEN'S MUSEUM For more information on custom homesites and custom homes, please call 970-726-4500 or toll-free at 866-726-5177. For more information on cabins and townhomes, call 970-726-4169 or toll-free at 866-318-9558. -a ~ \ ..0 ~ ~ \ Ci roEl58.. A KoelbeI Mountain Community www.rendezvouscolorado.com Thlssfl8p1an_natfdentll'ylUl)'_~_ restri<lions,or I1lpn!5eI1la1Io rsflhe edjacent~ and Is subject 10 changewllhoulnollce.landscaplng shawn Is for ~ IIIustratlve _ onJy.AduaI quantity and IocatIans may\All)'. l..:.f Please -JOlI1- reprllSIlIItlll forclotalJs. ~= t.. z., ISCo ~ ~AA , CABIN & TOWNHOME SALES CENTER ýÿ ..'" .~~ " "j,/0'f *' ' . . . ;~.tt! ~." """r~.'.'.,' T.~~ ',.." . .~ f. ~ .. .. j j J ; .1 ] ~ " ~ ".'j . , , ,-.I 4 "" " ....~. "..1 ~ ~ J,'~' : '.' t' ~ :'" ,"";; ~ t'. t':' J ~i ~;>eJ 1" r , ~ ~. 'H ).c'll " ;.~~. ,( .:k. ,i .\,~!, <'iI, ." :. "!~ ~".r~l '.1'!J. 'f:. "''t'" .' ;.t. .c.l..i..it..:..".....'....... ' " ~ , ., ,I'~ . ..",' i .,:1 ~~'~l . .Jtii f.k, 4.- - 't'(' ,., .: Jt',;, \, I ~ 4 =t ~ ~ 4 ~ ..... . l ~;;, t'- l ýÿ ','~ ~ ,~..,;r~".~,.",~ , "'- " .'IA , . "~I ~of:,,,:r,. l' f>' ~"'~oI: ' 1 ~ ,; . .'..;),. ,'- - , , .~~ '~~,~~~i;:~;'~~~ >~~~ '_'-.'\' ',.>" "', ' .10y,.... ~..~..,:.JI;.!, ~'~i;i+~;~~ ....:. ".7".';".:~'~:~\,:"/?: , r~""", ,.,,-.~~<..+;" "'. 'r'J>'. "~"_:,-,'-r~\~'. ' -. ,.'~~:~~~~ _ .~. '}.-~:.ii'?i~>~'~~~.::'" .._)~~..~~. ~" ""i ,."..,.:.i...~,V'_ .~~~':?~ (. - ~,JC. ~",,~..,.......,. .:..; .I' ....J...." [.- ~\. . .~--,~~---~~----_. beeat k~ ~ s,,1Ifta Ek_flon s..,dh F~.fi.ta ýÿ . Apr IS 2007 8:46AM HP LASERJET FAX i p.l - i - - - April 15, 2007 Town of Fraser Board of Adjustments P.O. Box 120 Frase{, CO 80442 To whom it may concern: This letter is to inform you of our approv~ and support of the variance requested by Brad Smith of Terra Filma Custom Homes for lot 27 Filing 1, The Ridge at Rendezvous.. As the owners of lot 26, the requested variance wlll have DO negative impact on our lot, any other lot, or the Rendezvous deveiopment at large. Please consider us in favor of the requested variance. Sincerely, - J / "' --11 J .. ~... ~fJWa~ ~ Roger and Katherine Flahive Owner, lot 26. The Ridge at Rendezvous .... ,. Thursday~ Aprl112. 2007 The Town of Fl1l.l;er Board of Adjustments P.O. Box 120 Fraser Co 80442 Ladies and Gentlemen: This letter is to inform you of my approval and support of the variance requested by Brad Smith ofTem Finna Custom Homes for Lot 27 Filing 1. The Ridge al RenrJezvolls. As the owner of Lot 28, the only lot that has a common property line with lot 27 thiSi vtlriance has more potential impact on my lot than any other lot owner. I have studied the variance drawings and concluded that the requested variance will have no negative impact on my lot, any other lot~ or the Rendezvous development at large. Please consider me in favor of the requested val'iancc. sincc7p ({eu Richard C. ~ Owner, Lot. 27 The Ridge at Rendezvous ji j I Brad Smith Terra Finna Custom Homes, Ine PO Box 16i9 Winter Park, CO 80482 Re: 155fr Rendezvous Road, Lot 27, Filing i, The Rid~ at Reed.ezvous Mr. Smith: 'l'his letter confi.rms. our receipt of the variance request f~r the above-referenoed lot reqnest1R9 a 2 foot variance from the rear.: setback for the reasons: express.ed . in the April 5, 2:001 from Ilk. Yamaqishi to. the Board of Adj-ustments. We have no objection to the requested variance. ,. \. Apri119,2001 To\\'n of Fraser Board of Adjustments PO Box 120 Fraser. CO 80442 To Whom It May Concern: In reference to the variance request for Lot 27. 1550 Rendezvous Road, The Ridge at Rendezvous. I have reviewed the documents showing the violation and I am in favor of granting the variance. As the owner of Lot 16 I feel that the requested variance will have no negative impact on Rendezvous as a development. and does not create an eyesore to bring the value of any property down. ýÿ From: Philip Naill Eric VanHerwaarden P.O. Box 1932 Winter Park, CO 80482 970-726-4459 To: Board of Zoning Adjustments Fraser Town Hall P.O. Box 120 Fraser, CO 80442 Property: Lot MH-30 Ptarmigan Subdivision a.k.a. 850 Badger Lane, Fraser Colorado Subject: Requesting variance for rear setback encroachment To Whom it May Concern: Explanation: Lot MH-30, 850 Badger Lane was built in 1985 and 1986 for Karen Kllen. The subject property is a duplex with two bedrooms per side being units 1 and 2. Unit one is 1,075 square feet at ground level with a one car garage. Unit two is 612 square feet at ground level. Unit two does not encroach into the Town of Fraser setbacks. Unit one was built to the covenant setbacks and has an eight (8) foot encroachment into the Town of Fraser setbacks on the rear of the property. The encroachment is the rear of the property and does not affect utilities, parking, snow removal, landscaping or adjacent properties. The rear of the property is adjacent to the park for the Ptarmigan Subdivision and does not in any way affect this park in a negative way. We purchased the property in September of 2006 with the intent of subdividing the Duplex into a Townhome and creating two units that would be more affordable for this area. After starting the process of trying to subdivide the property the encroachment was noticed. After going to the Grand County Building department and obtaining the original site plans it is clear that the original builder was using the setbacks established from the Ptarmigan Subdivision covenants. This mistake has placed a hardship on us in that if we are not granted a variance for the encroachment we will be forced to sell the property as a duplex. By granting a variance the homeowners can subdivide the property and create two townhomes that will be a betterment for the community. If the variance were granted it will maintain and possibly increase the value of the property in question and the adjacent properties. Thank you for your considerations on the subject and if you have any questions, please feel free to contact us. Sincerely, Philip Naill Eric VanHerwaarden EXISTING RESIDENCE DET AIL SCALE: 1''' = 10' IMPROVEMENT LOCATION CERTIFICATE LOT 27, EAST MOUNTAIN, FILING 1, RECEPTION NO. 2001-002997 GRAND COUNTY, COLORADO SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6TH P.M. / / ~4? # / / {91t?' / / CJ~ -+ / " " ",,' , / .,,'" .." /f"/ " I vrt:J ~ ~~ 1 1 ..... , .s L 15' ,ll. 1 SE~DE "- ~ , A~K en <01 wi iel t, !O <0 I o ;z I I I I I I ';/ /, , ~ I I I I I I I I I I I I I I / I I I I I I I I / / / / / '/ ~. I / I I I I I I I I \ \~:(' 10' UTILITY & SNOW 10' i c STORAGE EASEMENT \ .. RECEPTION #2001-002997 \ \ \ \ \ ,C> , , , , " " "- " "...... .....---------1 ' 1 J 16 I I I I I I I I I I I I I ! I I I 1 N -: $ ~ \-r I /D' I / / / / / / ~~ <..~ ~:-. &Y Q. ~y~ ~. ~\.o ~r3 I I / / / / LOT 28 ,,/' ,,/' ,,/' ,,/' ,,/' ,,/' ,,/' ,,/' ,,/' ~A... ~s . ~ 6>h '.<'0' c ~~. ^'~ ~~ <t ~ ~t:;t. c..4? .'1 ~ ~6 '" ^5 '" I / / / / I / I / / / / I / / / / / / / / I I I I I / I / / I / I I I I I I / / I I 2~ I II SCALE: 1" = 20' 10 20 LEGEND ~ -FOUND PIN & CAP, P.L.S. #22097 , / /., - CALCULATED PLAT CORNER ~ + - TELEPHONE PEDESTAL -ELECTRIC VAULT UNLESS NOTED OTHERWISE ~ -WATER VALVE . -FIRE HYDRANT ~ - STREET SIGN NOTES 1. THE FOLLOWING DOCUMENTS WERE UTILIZED IN THE PREPARATION OF THIS SURVEY: A. GRAND COUNTY RECORDS, PLAT OF EAST MOUNTAIN, FILING 1, REC. #2001-002997. B. TITLE COMMITMENT CASE NO. 1109088-C EFFECTIVE DATE OF 01-25-2007, ISSUED BY TITLE COMPANY OF THE ROCKIES. 2. THESE PREMISES ARE SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAYt VARIANCES, COVENANTS AND/OR AGREEMENTS ETC... AS OF RECORD MAY APPEAR. 3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY TIM SHENK LAND SURVEYING, INC. 4. UNDERGROUND UTILITIES ARE NOT SHOWN EXCEPT WHERE INDICATED, 5. THE SUBJECT PROPERTY IS CURRENTLY ZONED "PLANNED DEVELOPMENT DISTRICT 2003" SAID ZONING CONSIST OF THE FOLLOWING SETBACKS: MINIMUM FRONT YARD = 15' MINIMUM SIDE YARD = 1S' MINIMUM REAR YARD = 20t 6. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT, MAY ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. CERTIFICA TION I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR TfTLE COMPANY OF THE ROCKIES, INC., MORRY OLENICK, DANIEL G. YAMAGISHI, SHAROL L. PREISSER, LEE F. STORY, AND RONALD W. WESEL. IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, FEBRUARY 22, 2007, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS INDICATED, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS INDICATED. 40 l TIM SHENK LAND SURVEYING, INC. P.O. BOX 1670 GRANBY, CO 80446 (970) 887-1046 SHEET 1 OF 1: JOB: 04122 SCALE: 1'. = 20' DATE: 3/26/07 CHECKED BY: TRS DWG: 04122.i1c.02 CRD: 04122.06 REVISED: DRAWN BY: HNS ýÿ 10 0 10 EEEEEEHE3 I GRAPHIC SCALE - FEET 20 30 t f SCALE 1".10' OWNERS: PHIUP P. NAILL ERIC J. VANHERWMRDEN P.o. BOX 1932 WINTER PARK, CO 80482 AS-BUILT AND MINOR SUBDIVISION BADGER LANE TOWNHOMES LOT MH 30, PTARMIGAN SUBDIVISION, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO PLAT DEDtCAT10N KNOW ALL MEN BY THESE PRESENTS: That Phmp P. Nam and ErIc J. VanHerwaarden are the owners of that reol property situated in Grand County, Colorado, more fully dncrfbed os follows: Lot MH 30, Ptormi9an Subdlvf.Ion, FRASER, County Of Grand, State Of Colorado That they have COUMd eotd reol property to be latd out and wrveyed as As-Bunt and Minor SubdMaIon Plat. Badger Lane Townhoma, and do hereby dedicate and Nt aport on the streets, olleys. and other public WGyI and ptocft ft)wn on the accompanying plat to the Town of F'roMr for the use of the pubfic fOreYer, and don hereby dedicate thoM portioM of eotd reol property which are lnd1cated as eoMments on the accompanying plat as easements. IN WITNESS WHEREOF, Philip P. NoRt and Eric J. VonHerwaorden hove caused their name to be hereunto subscribed this _ day of , 20_. LEGEND ~ - COIIEII[lI PORCll UBACI TABLI DISCRIPTION TOTAL BUILDING DICD DRIV! OPEN SKOW STOM" DI..,,~ui/ ACRI sqrr " 57'70 100 1881 .21 sa .01 8&5 .15 . SI72 .56 ssx or DRIftWAY 288 SQ. ". 15.1 UNITS/ ACRI LECE:NO: . - F'OUNO 3/.- REBAR ~ - FOUND 3/8- REBAR - CALClt.ATED POtNT ONlY . TElEPHONE PmESTAL Phntp P. Neill Eric J. VonHerwaorden '1L-~ ~--------"'''' " ) " ) Arc 25.00' Rad SO.OO' N14'07'10-e: 24.74' STATE OF COLORADO ) COUNTY OF GRANO ) The forego&tg Instrument was acknowledged bef~ me thltl 20 _ by Phntp P. Nam and ErIc J. VonHerwoarden. WItn... my hand and offlcla' MOl. ) SSe TOWNHOME OEClMATlONS RECORDED AT RECEPnON No day of ELECTRICAL VAULT My Commlnlan Expf,..: LOW DENSnY MOBILE HOME ZONING LOT 29 (SEAL) APPROX'MATE GAS UNES Notary Publlc N89'47'14"E 90.00' UEN HOLDER: IN WITNESS WHEREOF, Wellsfargo Bonk has cau.ed Its name to be hereunto subscribed this _ day of . 20___ BADGER LANE SO' R.O.W. 10'x20' porkl"9 SNOW STORAGE 80 SOFT 20~4 ' WALL AT GROUND For WeI.sfarvo Bonk STATE OF COLORADO ) COUNTY OF GRAND ) The fontCJOlnv Instrument w~ acknowledged before me thltl 20 _ by ) SSe Go ..-...1 ...~..~~M~30 ...-...-...-... LOW DENSITY MOBILE HOME ZONING 8' UNIT 2 812 8qft+/- 2 bedroom day of W"rtn... my hand and officiol MOl. My Comml..lon Expires: (SEAl) \ \ \ d SITE 8.0' ~ 2' cO 14' UNIT 1 .. ; 1,075 ~+/- ... 2 bedroom ("If 8 PARK 1 cor garage - ~ ~ - C'4 7.7' ~ aD SURVEYOR'S CERTIFlCATE I, Warren D. Ward, a duly registered land .urveyor In the State of Colorado, do hereby certify that the .UtWy Infonnotlon on thl. plat of Badger Lone Townhomes truly and correctly represents the results of a IIUI'WY mode by I'M or under my dlrectJon, and that laid aurvey compUes with the requirements of ntJe 38, Artlete 51, Colorado Revised Statut.., 1973, and that the monumenb required by said Statute and by the Minor Subdivision Regulation. of the Town of Fra..r hove been placed on the ground. Notary Publlc Warren D. Ward, Colorado P .I...S. 25971 \ \ \~\\\'~-..,~iP- -)-\\-~9!1\' I 2011// ~/~ - \ C~ .' \' L--_", , ~: \ \ ~ <:1. \.O\J~~. \ \\JU \\, \; I( r-J , I ~ ~ ~Vl \) ~. \j h,~' \ v I::::> .J\D~ I /, ~g r '0 I ()~- ~, I ~ ~~ , a ~~ \J ~ -row/v J '-==== ~, "''\ \\ \I t I ! \ \~\\ t"1 -" ~";X)' 1\ ~\ \1 \ Ll ) , i J I , \ \ ' \\ \ \ : 1~ _ J u I \~\ LJ'<,S' 19 20 ~\" ~ '-.,,, ~ ~ .' ~ 1 I, ;'&4- ;P/~t~ ~;y \ \ \ ",r --1> "- ~ ',,- '~<90~ ~' I '''-. ~ ~~.a n\ ' , '" ~~r ~\Il,~ :.~"" ,~-- " \ ~I U~-- "i"\ "'O~. ~ " " Ii ~ t~ __---~ "" --..r- --- - - -, ~ LOT 31 PlANNING COMMISSION CERTlFlCATE Approved this day of f 20 _. by the Town of Fraser PlannIng Com mlnfon , Grand County, Colorado. patty Sue Coulson - Chairman COND STORY WOOD DECK i TRUSTEE'S CERTIFlCATE Approved and all pubnc dedlcatlon accepted thl. day of , 20 _. by the Boord of Trust... of the Town of Fraser, Colorado. The Town of Fra..r does not as.ume any rnponslbl11ty for the correctnee8 or accuracy of any InformatIon disclosed on this plat nor any repreeentatJoM or InforrnotJon presented to the. TOWN which induced the TOWN to give this certificate. LOW DENSf1Y MOBrLE HOME ZONING b - Fran Cook. Mayor, Town of FroMr VICINITY MAP TOWN OF FRASER Rocky Mountain U rve s) INC. PO Box 552. Winter Park. CO 80482 Phone: 970.726.7166 AS-BUILT AND MrNOR SUBOMSION PLAT BADGER LANE TOWNHOMES LOT MH 30, PTARUtGAN SUBOMSION, TOWN OF FRASER, COUNTY OF' GRANO, STATE OF COLORADO SCALE: 1-.10' DRAWN BY: P.N. APPROVED BY: N011CE: Accordt"9 to CoIonKto low, you MUST commence ony Ie90I action baNd upon any defect In thl. lM'Y8Y within th.... yea,. after you 11m dlSCOYer auch defect. In no event. may any .' action baNd upon any defect In thl. aurwy be commenced more than ten yeara from the date of certification shown hereon. SEC 19 T1 S R75W JOB , 707MMJO SHEET 1 OF 1 DATE: MARCH 30, 2007 REV: