Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 02.16.1993VIP E R. R.,. E„ts* P105rtt-tt,,1 .t4.)sTAFf coMrggr S BOCC 2/16/93 PROJECT INFORMATION & STAFF COMMENTS REQUEST: Exemption from the Definition of Subdivision APPLICANT- T. Gregory Bever (Nick Lampiris) J-.00ATION: A tract of land located in the SW 1/4 of Section 30, T5S, R91W of the 6th PM; more practically described as a tract of land located approximately two (2) miles north of Silt, at the northeast corner of County Road 261 and 250. SITE DATA: A 31.3 acre tract WATER: Well (Proposed) SEWER: Individual Sewage Disposal System (ISDS) ACCESS: County Road 250 ZONING: A/R/RD ADJACENT ZONING: North: A/R/RD South: A/R/RD East: A/R/RD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located within District C - Rural Areas/Minor Environmental Constraints of the Garfield County Comprehensive Plan Management District map. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject parcel consists of existing and former pasture Z Ai, n+/o lands, located at the northeast corner of County Road 261 and 250. Adjacent s i`T land uses include agricultural lands,si gle family residences and ranch land. A vicinity map is attached on page • Il•. There is currently a trailer stored on the property. On October of 1992, several neighbors contacted Michael Watts, Zoning Enforcement Officer, regarding the illegal use of the trailer (see 10-9-92 "For the Record" from Michael Watts on page "ia,. On February 9, 1992, Mr. Lampiris was notified by certified mail of the alleged violations (see 2-9-92 1 • letter from Michael Watts on page 131. To staff's knowledge, the trailer is not currently used for residential use. No easements are indicated on the boundary survey ssub tted with the application. An existing land use map is shown on page . B. Project Description: The applicant is proposing to split the 31.3 acre parent parcel into two (2) parcels of 2.01 and 29.29 acres each. The applicant is proposing to provide water via wells and handle sewage disposal by ISDS. Access is possible directly from County Rid 250. A sketch plan of the proposed exemption is shown on page in ilk • . The applicant stated in the application that he intends on selling the smaller exemption parcel. III. MAJOR ISSUES AND CONCERNS 1. Subdivision • Section 8:10 (Applicability -Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. Exemption Regulations: Section 8.52 (A) of the Garfield County Subdivision Regulations states that no more than four (4) parcels will be created from any parcel as that parcel was described in the Records of the Garfield County Clerk and Recorder's Office in January 1, 1973, and is not a part of a recorded subdivision. The parent parcel has been in its existing configuration since 1968. Therefore, a maximum of four (4) lots can be created from the parent parcel. 3. Zoning: Both lots proposed to be created meet the two (2) acre lot minimum for the A/R/RD zone district. 4. Legal Access: Access for the additional lots can be obtained from County Road 250. No access easements are necessary. 5. Water: The only source of water on the site is a well currently used for livestock. This well is a household permit inside a single-family dwelling unit, with no irrigation permitted. No response has been received from the Division of Water Resources regarding the ability to serve the exemption parcel. 6. Sewage: Sewage is proposed to be handled by ISDS. Soil mapping from SCS and Hazards Mapping produced by Lincoln-Devore Laboratories indicate that the site does not appear to present any constraints to ISDS on the site. 7. Natural Hazards: County Staff referenced hazards mapping conducted for the County in 1976 by Lincoln-Devore Laboratories. The project site is not located in an area of either slope and soil hazards. No plat notes are necessary in regards to natural hazards. 2 E'er R- R.e P 66or-105-rtt-t�l E *.)$T1+FF coiVetrer S BOCC 2/16/93 PROJECT INFORMATION & STAFF COMMENTS REQUEST: Exemption from the Definition of Subdivision APPLICANT: T. Gregory Bever (Nick Lampiris) LOCATION: A tract of land located in the SW 1/4 of Section 30, T5S, R91W of the 6th PM; more practically described as a tract of land located approximately two (2) miles north of Silt, at the northeast corner of County Road 261 and 250. SITE DATA: A 31.3 acre tract WATER: Well (Proposed) SEWER: Individual Sewage Disposal System (ISDS) ACCESS: County Road 250 ZONING: A/R/RD ADJACENT ZONING: North: A/R/RD South: A/R/RD East: AIR/RD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located within District C - Rural Areas/Minor Environmental Constraints of the Garfield County Comprehensive Plan Management District map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject parcel consists of existing and former pasture Z ii;, N/o lands, located at the northeast corner of County Road 261 and 250. Adjacent land uses include agricultural lands, si gle family residences and ranch land. A vicinity map is attached on page • Ile. There is currently a trailer stored on the property. On October of 1992, several neighbors contacted Michael Watts, Zoning Enforcement Officer, regarding the illegal use ofthe trailer (see 10-9-92 "For the Record" from Michael Watts on page -142,. On February 9, 1992, Mr. Lampiris was notified by certified mail of the alleged violations (see 2-9-92 1 r letter from Michael Watts on page 131. To staff's knowledge, the trailer is not currently used for residential use. No easements are indicated on the boundary survey` tted with the application. An existing land use map is shown on page . B. Project Description: The applicant is proposing to split the 31.3 acre parent parcel into two (2) parcels of 2.01 and 29.29 acres each. The applicant is proposing to provide water via wells and handle sewage disposal by ISDS. Access is possible directly from County d 250. A sketch plan of the proposed exemption is shown on page • 1 • . The applicant stated in the application that he intends on selling the smaller exemption parcel. HI. MAJOR ISSUES AND CONCERNS 1. Subdivision: Section 8:10 (Applicability -Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. Exemption Regulations: Section 8.52 (A) of the Garfield County Subdivision Regulations states that no more than four (4) parcels will be created from any parcel as that parcel was described in the Records of the Garfield County Clerk and Recorder's Office in January 1, 1973, and is not a part of a recorded subdivision. The parent parcel has been in its existing configuration since 1968. Therefore, a maximum of four (4) lots can be created from the parent parcel. 3. Zoning: Both lots proposed to be created meet the two (2) acre lot minimum for the A/R/RD zone district. 4. Legal Access: Access for the additional lots can be obtained from County Road 250. No access easements are necessary. 5. Water: The only source of water on the site is a well currently used for livestock. This well is a household permit inside a single-family dwelling unit, with no irrigation permitted. No response has been received from the Division of Water Resources regarding the ability to serve the exemption parcel. 6. Sewage: Sewage is proposed to be handled by ISDS. Soil mapping from SCS and Hazards Mapping produced by Lincoln-Devore Laboratories indicate that the site does not appear to present any constraints to ISDS on the site. 7. Natural Hazards: County Staff referenced hazards mapping conducted for the County in 1976 by Lincoln-Devore Laboratories. The project site is not located in an area of either slope and soil hazards. No plat notes are necessary in regards to natural hazards. 2 • 8. Fire Protection. No response has been received from the Silt/New Castle Fire District regarding the provision of fire protection to the site. IV. SUGGESTED FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 4. The applicant shall submit $200.00 in School Impact Fees prior to the signing of an exemption plat. 5. Prior to approval of a Final Plat, the applicant will submit a letter of approval from the Silt/New Castle Fire District. AM e-1. 1M'T%o4 Fi. -r 6. Prior to the approval of * a well permit must be submitted to the Garfield County Building Department. If a well is shared by the exemption lots, the following conditions will also apply: A) That easements for waterlines and for access and maintenance of the proposed well be included on the Exemption Plat. In addition, each parcel shall receive a deeded interest in the well(s). B) A well sharing agreement shall be provided prior to the approval of the plat and shall be recorded in conjunction with each deed conveying well ownership. 7. Control of noxious weeds is the responsibility of the property owner. 'r. CqaR t` L' lziLc • OF" B. MR. pjWEIL. -rp€ PST( Do NA goy 3 /I IIV1 BEVER EXEMPTION • VICINITY MAP October 9, 1992 For the Record Approximately a year ago, the Regulatory Office of Garfield County was contacted by numerous neighbors (at least 3) that Mr. Nick Lampiris was living in a trailer at 0185 Ingersoll Lane, Silt, Colorado. A site investigation by office personnel showed this to be the case but the property was found to be in the name of Thomas Gregory Bever with a note "Attn: Nicholas Lampiris. Mr. Lampiris was contacted several times at the property and by phone and was asked to remedy the situation. After these contacts proved fruitless, an official notice of violation was sent to Mr. Lampiris at 0793 Valley Road in Carbondale, Colorado 81623, which he did sign for on a Return Receipt. This notice was sent to Mr. Lampiris on February 7, 1992 and signed for on February 12, 1992. Since this time, Mr. Lampiris has submitted two (2) sets of plans for a single family residence on the property at 0185 Ingersoll Lane to the Garfield County Building Department. Neither of these plans have been finalized or building permits paid for. In mid-September, Mr. Lampiris filed a protest with the Garfield County Assessor's Office. During that process, Mr. Lampiris produced a letter signed by Greg Bever, making Mr. Lampiris the legal representative for the property. Currently Mr. Lampiris is living on the property at 0185 Ingersoll Lane in a small (10' x 40') trailer. A well has been drilled on the property in the last year, but it is not known if it is physically serving the trailer. There is no approved septic system on the property and the trailer is there without a Mobile Home permit. CG ,_\ JA CLttIJ,�� Michael Watts, Codes Enforcement Officer i'n GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL February 7, 1992 Thomas G. Bever c/o Nicholas Lampiris 0793 Valley Road Carbondale, CO 81623 Mr. Bever: It has come to the attention of this office that a residential trailer has been installed on your property at 0185 Ingersoll Lane, Silt (legally described as being in the SW'/4 of Section 30, Township 5 South, Range 91 West of the 6th Principal Meridian) which is zoned Agricultural/Residential/Rural Density (A/R/RD) by the revised 1978 Garfield County Zoning Resolution (G.C.R.Z.). This activity present two problems: 1. Section 3.02 of the G.C.R.Z., which governs legal uses within the A/R/RD Zone District, does not list residential trailers as a legal use. 2. Section 25-10-111 (b), of the Colorado Revised Statutes, states "no person shall construct or maintain any dwelling which is not equipped with adequate facilities for the sanitary disposal of sewage." Both of the above mentioned violations are class 1 petty offenses punishable by a $100 fine, 10 days in the County jail of both, with each day constituting a separate violation. If these issues are not addressed within 30 days of receipt of this notice, the information will be turned over to the Garfield County Attorney's office for legal action. I sincerely hope these matters can be resolved with a minimum amount of inconvenience to you. Thank you, w/a73 i/ei) Michael E. Watts Codes Enforcement MEW/rlb 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 29 VACANT LAND C12 -ED No. 04 9 050 C5) [111111111lI FRESIDENTIAL (SINGLE-FAMILY) AGRICULTURAL .17=rEXEMPTION PARCEL VP 14.- 214 2179-021-00-337 BEVER EXEMPTION LAND USE MAP WALKER, JOYCE E. 0769 CO. RO. 250 SILT CO. 81652 A:1fE., 1'- 100' EXISTING PARCEL (31.3 AC.± TOTAL) tor 4, Less the East 111-2/3 feet thereof, in Sec. J0, Township 5 South, Range 91 West of the 6th P.M. N 89'46'00' E J50.Q0' ,. 2.01 ACR& o EXEMPTION. $" o b a o hva 350.00' S/MON, SONL4 LEE TRUSTEE ATTN.' FRED I. SIMON P.O. BOX 4993 BURLENGAME, Ct. 94011-4993 —COUNTY ROAD 250 _SECTION LINE FENNO, FLORE'NE & CO. FENNO, LOUIS W.M. & BARBARA E. 632 ROAD 228 SILT, CO. 81652 S BEVER EXEMPTION SKETCH PLAN , State of Colorado nderson, Rifle, Colorado . seller and spouse) , by and between and qn A. Spath, (tenants in common), 7690 Wiest Bayaud }" Denver, Colorado 80226 un of $ 10111411,111e fully aid as hereinafter mentioned, to sell to the buyer 'A in the County of Garfield buyer and spouse) , State of Colorado described property being part of Lot 4, Section 30, Township 5 So., M. containing 31.3 acres more or less and more specifically des - 6 of the Garfield County records. Together with all improvements !d all ditch and water rights now belonging to and used upon the 25 acre feet of water from the Silt Project,( it being understood .>iepresented by 53 shares pf the capital sttook of the Fa me ionCompany are s c f1,ca1 reser ed b -- d property at said consideration and to pay the same as follows: Amount paid on execution of ' check, money order, bank draft, note, etc.) $ 300.00 (personal check) More the 15tiday of Lnril , 19 68: $1,700.00 cumbrance, buyer assumes and agrees to pay: (Amount, terms of payment, rate of interest) $ None !e as follows: ix= 'The rate of 61% per annum on the unpaid r month including principle and interest with the first monthly 1968, and the 15th of each month thereafter until the entire Ter shall have pre -payment privilege any time without, penalty . (,cured by existing deed of trust or mortgage are to be evidenced by note or notes signed by tgage or land contract on said real estate with interest from date of closing of sale,at the rate. • rent at the time and in the manner above mentioned, shall at his own proper cost and expense uyer or to buyer's heirs or assigns a proper deed with usual covenants accompanied by an abstract unrlretahle title to said premises, free from all encumbrances except those mentioned herein, ease- nsert here any other restrictions, easements or covenants running with the land.)