The URL can be used to link to this page

Home My WebLink About5.0 Resolution 93-028RECORDED AT /. O'CLOCK -P.M. APR 2 0 1993 REC # 446539 MILDRED ALSDC F, COUNTY CLERK STATE OF COLORADO ) )ss County of Garfield ) BOOK 860 '�G199 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 19ttof Apri1 A.D. 19 93 , there were present: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 93-028 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR T. GREGORY BEVER WHEREAS, T. Gregory Bever has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 31.3 acre tract as described in Book 753, Page 817, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two parcels of approximately 2.01 acres and 29.29 acreseach, more or less, which the proposed small tract is more practically described as follows: Lot 1: See Attached (in the State of Colorado and the County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" r w� as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; BOOK 860 ; nGi 200 NOW THEREFORE, BE IT RESOLVED that the division of the above described parcel "1" from the above described 31.3 acre tract is hereby exempted from such definitions and may be conveyed in the form of such parcel "1", as is more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 19thday of April , A.D. 19 93 . ATTEST: C1-rk of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO .�f Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Bucker) Arbaney Marian I. Smith Arnold L. Markley STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners BOOK 860 PAGE 200A Exhibit -A Lot 4, less the East 111-2/3 feet thereof, in Section 30, Township 5 South, Range 91 West of the 6th P.M. Except that portion conveyed to the Board of County Commissioners of Garfield County in Book 256 at Page 204; and Except that part lying Northeasterly of the following described line: Beginning at a point on the Westerly line of a County road as constructed and in place whence the West Quarter Corner of said Section 30 bears N. 34° 36'W. 2133.82 feet; thence N. 85°05' W. 471.66 feet; thence N. 03' 10' W. 409.01 feet to the point on the Northerly line of said Lot 4. • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL February 17, 1993 Mr. Nick Lampiris Box 2 Silt, CO 81652 RE: SUBDIVISION EXEMPTION REQUEST Dear Nick: On February 16, 1993 the Garfield County Board of County Commissioners conditionally approved your application for a Subdivision Exemption. The conditions approved by the Board are as follows: 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. 6. Prior to the approval of an Exemption Plat, 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). 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 Mr. Nick Lampiris February 17, 1993 Page 2 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. 8. Mr. T. Gregory Bever must execute the Final Plat by notarized signature. In addition to the following conditions, Section 8.52 (B) of the Garfield County Subdivision Regulations requires that all Garfield County Zoning requirements be met. Section 8.52 (E) requires that all state and local environmental health and safety requirements must also be met. Based on your testimony at the public meeting, it appears that the existing trailer on the property is still in violation of these sections of the code. There are only two (2) methods for compliance: 1.) Disconnect the trailer from all public utilities, and cease all use of the trailer for anything other than storage; 2.) Obtain a building permit and a temporary permit to allow for occupancy of the trailer for a period of six (6) months. The trailer would have to be connected to an approved septic tank under this scenario.. The issue of the trailer must be addressed prior to the signing of a Final Exemption Plat. If you have any questions, please feel free to give me a call. S ely, JOQ Dav Michaelson Garfield County Planner DHM/dhm