HomeMy WebLinkAbout2.0 BOCC Staff Report 05.02.1994• •
BOCC 5/2/94
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 25.8 acre tract
WATER: Well (Proposed)
SEWER: Individual Sewage Disposal System
(ISDS)
ACCESS: County Road 250
ZONING: A/R/RD
ADJACENT ZONING: 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
lands, located at the northeast corner of County Road 261 and 250. Adjacent
land uses include agricultural lands, single family residences and ranch land. A
vicinity map is attached on page' g ' . There is currently a trailer on the
property used as a temporary residence during construction. There is a partially
completed garage and the foundation for a proposed house. An existing land
use map is shown on page ' 9 • .
B. Project Description: The applicant is proposing to split the 25.8 acre parent
parcel into three (3) parcels of 9.751, 9.751 and 6.296 acres each. The applicant
is proposing to provide water via wells and handle sewage disposal by ISDS.
• •
Access is directly from County Road 250 for lots 1 and 3, and lot 2 will access
off of Ingersoll Lane. A sketch plan of the proposed exemption is shown on
page • fQ •
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.
2. 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
through the exemption process.
3. Zoning: All 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 and Ingersoll Lane. An access easement off Ingersoll Lane for lot 2 is
proposed.
5. Water: The only known source of water on the site is a well last known to be
available for livestock use only. A response from the Division of Water
Resources regarding the ability to serve the exemption parcel after the last
exemption stated that a new permit must be obtained for the existing well (see
letter pages )1 4 IZ-'. The letter does not indicate whether or not a new well
will be capable of service three dwellings. A copy of the new well permit
showing that it can serve three (3) dwellings must be submitted to the County
Planning Department. Additionally, a legally described access and repair
easement from the well, 10 ft. wide along the water line and 10 ft. square around
the well head need to be on any plat. A copy of a well use agreement defining
the rights and obligations of the well owners needs to be recorded with any
plat.If separate permits can be obtained, the above easements and agreements
will not be necessary. The applicant has obtained water contracts from the West
Divide Water Conservancy District for an additional 2.0 acre feet of water.
6. Sewage: Sewage is proposed to be handled by ISDS. Soil mapping from SCS
does indicate the possibility for significant constraints 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.
• •
8. Fire Protection. No new response has been received from the Silt/New Castle
Fire District regarding the provision of fire protection to the site, since the last
exemption request (see letter page )3 ' ). That letter requested the
opportunity to comment on any future splits.
9. Adjacent Property Owners. Judith Candow, Eddie Capleander, Irma Myrick
and Joyce Walker expressed concerns about impact to their views, potential for
water well draining down, conflicts with the common irrigation pipe and liens
against the property (see pages 14/4- 'Si: • ).
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
ti.
approval. Extensions of 120 days may be granted by the Board for a period of t
up to one (1) year. /1)-
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 ep.�se encs for
drainage, irrigation, access or utilities. — c'(&7 'o»o-/fr fG�
a_// i "- a r� / hous(- sc— only Lot -RS
4. The applicant sha submit $400.00 in School Impact Fees prior to the signing
of an exemption plat.
5. Prior to approval of an exemption plat, the applicant will submit a letter of
approval from the Silt/New Castle Fire District.
'
6. Prj� i tot':.ppr:v
n pl.. a well pe
Garfield P aunty Bu . _ Dep.. tment
share.. e exe :tion ots, e follo
That ' ally
10 ft. squ
th
addi
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ust be ..mitl..d to
ne , arcel. If . ; el.\ is
ns will als...ply:
escribed 10 . wide easements for • . terlines a ► d a
ce of
t. In
posed
, eac
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th the
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7. Control of noxious weeds is the responsibility of the property owner.
8. Mr. T. Gregory Bever executes the plat.
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BEVER 'EXEMPTION
Tlini T.,IFTrXr 1 r A r
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110
29
VACANT LAND
RESIDENTIAL (SINGLE-FAMILY)
AGRICULTURAL
EXEMPTION PARCEL
055
056
214
2179-021-00-337
Y.;
. I EVER EXEMPTION
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0769 CO. IV. 250
.511.n CO. 81652
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SICOON UNE
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sa.r. CO. 81652
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BEVER EXEMPTION
SKETCH PLAN
•
77-•
•
STATE OF COLORADO
ITICE OF THE STA1 E ENGINEER
ivisiou of Water Resources
7partment of Natural Resources
t 13 Sherman Street, Room 018
,liver, Colorado 00203
Ione (303) 866-3581
0( (303) 866-3509
Febtuary 19, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Bever Subdivision Exemption
Section 30, '1' 5 S, R 9.1 W, 6111 P M
Division 5, Water District 39
Dear Mr. Michaelson:
It'. WEB 2.5 1993
GARNELD U.A.1141i V
Roy Rooter
Governor
Ken Salazar
Executive Director
Ilal 1). Simpson
State Erigliteer
We have reviewed the above referenced proposal to split a 31.3 acre parcel into two parcels
of 2.01 acres and 29.29 acres. Well permit no. 162970, issued as the only well on the 31.3 acre
parcel, is valid for use in one single family dwelling and for watering of the user's noncommercial
domestic animals. The applicant proposes to supply the 2.01 acre parcel with an additional well.
Our records indicate [hat the 31.3 acre parcel was created prior to 1972. Based on this
iigormation, we may be able to issue an additional household use only well for tire proposed 2.01
acre tract. The availability of a well permit and our recommendation for approval is subject to the
following conditions:
1. Tice property has not been previously subdivided or exempted since 1972. We
consider this as a one-time exemption and will not make additional permits available
for future splits of either tract.
2. The well permit which will be available will be limited to use inside one single-
family dwelling only. Outside use for lawn and gat den irrigation or livestock is
prohibited. Plat notes and covenants should reflect this limitation.
3. The applicant should provide proof that an evaporative wastewater system will not
be required. We could not issue the well permit. if „any evaporative system is
required.
4. Prospective lot purchasers should be made aware of the limitations on water use and
other infonnation contained in this letter. We recommend that a copy of this letter
be given to lot purchasers and submitted with the well penult application.
•
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Dave Michaelson Page 2
February 19, 1993
5. Once the parcel has been split, a new well permit must be obtained for the existing
well to reflect the new parcel size. A metes and bounds legal description or
sutveyor's.plat of the new parcel must be submitted when this well permit is applied
for.
Please let us know if you have any questions.
Sincerely,
JfrLsA44,1 kti
JS/JD
bever.rev
cc: Orlyn Bell, Division Engineer
James Lemon, Water Conmdssioner
Bruce DeBrine
John Schuler, P.E.
Senior Water Resource Engineer
yard
gas Talbott -Chairman
illinm Montover
;an Mello
ary Schroeder
otdon Witzke
Silt -New Castle Volunteer F.P.D.�
Box 236
Silt, CO 81652
Ron and Cindy Mittleider
Box 821
Silt, CO 81623
Date: Feb. 25, 1993
re: Subdivision of property
Don Zordel - Chief
Stu Cerise - Assisi Chief
Dear Ron and Cindy Mittleider,
In reference to our phone conversation of Feb.
24, 1993,
concerning subdivision of property located at the intersection of
the 31 acre
County Roads 25O and 261. To recap our conve.rsation, aac a
parcel is to'be divided into two parcels, a 29 acre p
2 acre parcel and the zoning will remain agricultural/residential
(single family) for both parcels with the 2 acre parcel
generally located at the Northeast corner of the intersection of
County Roads 250 and 261. serve
The Silt -New Castle Fire Protection �DistricttonOes s thiss
property with -fire protection the has no
Silt -
New
orents
ence District doesis oreseHowever,
option to
New Castle Ii
.comment or object .should future divisions or sub -divisions be
initiated or if zoning should change-fr�om existino g (seeeithabove)-
r of the
Questions or comments should be
following: Don Zordel
Stuart K. Cerise District Chief
Asst. Chief Bx 236
Bx 236 or
Silt, CO 81652
Silt, CO 8165?_ gg[t-3G 49
876-5607
Respectfully,
Stuart K. Cerise
Asst. Chief
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APR 1 9 1994 jl
GAAFIELD COUNTY
Planning Department
Board of County Commissioners
Glenwood Springs, Co.
•
April 18, 1994
Sirs:
In response to the request of Thomas Bever. I am very much against
his sub -dividing his property. There are already three wells on
what used to be 40 acres. If he divides that will mean three more
wells. The water table is already going down on this mesa. Since
I am directly west of that property I am very concerned -plus three
more
sewer systems.
Every time a house is built in this area my taxes go up. Since I am
on a very low fixed income I can barely pay my taxes now. Two or
three more hundred dollars and I just as well get the hell out and
go on welfare.
Please note that I am very much against this grant. I could add
further about the Zoning of this area, but you already know all that.
5
Aug. 21, 1991
Feb. 3, 1992
Feb. 7, 1992
March 1992
October 1992
October 9, 1992
October 26, 1992
•
•
Chronology of the Nick Lampiris/Gregory Bever Property
-Nick Lampiris received electrical power from Public Service.
-Don Owens, Building Inspector, noticed a small trailer being lived in on
the property.
-Thomas G. Bever c/o Nick Lampiris was sent a certified letter of
violation for the trailer, lack of a septic system and lack of a Temporary
Mobile Home Permit with the relevant penalties (C.R.S. 25-10-111(b)) by
Michael Watts.
-Mr. Bever signed a document certifying Mr. Lampiris as his agent for
the property. This letter was presented during a tax abatement hearing
with the Garfield Board of County Commissioners.
-Observed by Building Department staff that a structure was being
constructed on the Bever/Lampiris property with no building permit on
file with the Building Department.
-A "For the Record" was written by Michael Watts to the County
Attorney (Jim Chamblis) outlining violations on the property.
-Both the mobile home and the new structure on the property were "Red
Tagged" i.e. the structures are not to be used until the violations are in
compliance. The tags were removed with no notice to the Department or
any changes to the structures.
November 2, 1992 -After winning the tax abatement protest, Mr. Lampiris talked with
Georgia Chamberlain and Don DeFord. He asked Mr. DeFord if the
tax rebate could be applied to his outstanding Building Permit fees.
November 8, 1992 -Mr. Lampiris was before the Board of County Commissioners asking if
he could pay for his Building Permit in installments after being told by
Staff that it could not be done administratively.
February 7, 1993 -During a Public Hearing for a lot split of the property in question before
the Board of County Commissioners it was made clear the existing
violations on the property, with no action.
May 18, 1993 -Mr. Lampiris paid for Foundation Only Building Permit, ISDS Permit
and Temporary Mobile Home Permit along with a letter of obligation for
the Temporary Mobile Home Permit.
June 17, 1993 -Septic system failed. It was covered without inspection. Receipts and
statements from people on site were submitted for verification.
June 21, 1993 -As of this morning, the conditions listed on the Letter of Obligation
have not been met, with the deadline being June 1, 1993.
June 23, 1993 -Notice of Temporary Mobile Home Permit revocation.
July 12, 1993
-BOCC decided that the Temporary Mobile Home Permit would not be
revoked. There was an agreement for at least 20' of wastewater pipe to
be set into the ground with a minimum of 1' cover. The whole line from
the trailer to the tank is to be glued together into a solid unit and not be
moved or disconnected.
August 31,1993 -Footing inspection completed.
Sept. 8, 1993 -Foundation inspection completed.
Current Situation: -The 10'x40' mobile home is used as a residence on the property. The
footing/foundation of the permitted Single Family has not progressed
since inspected. The "structure" referred to earlier (Oct. 92), is a detached
garage which is not complete and has not received a fmal inspection.
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APR 1 9 1994
GAFF FELD COUNTY
Planning Department
Board of County Commissioners
ilenwood Springs, Co.
•
April 1 `3 1994
Sirs:
In response to the request of Thomas Lever. I am very much against
his sub -dividing his property. There are already three wells on
what used to be 40 acres. If he divides that will mean three more
wells. The water table is already going down on this mesa. Since
I am directly west of that propert7 I am very concerned -plus three
more sewer systems.
Every time a house is built in this <<nrea my taxesgo un. Since I am
on a very low fixed income I 'an barely pay my taxes now. Two or
three more hundred dollars and I just as well get the hell out and
<go on welfare.
Please note that I am very much against this grant. I could add
further about the Zoning of this area, but you already know all that.
Ro
APR 2 9 991
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MAR 2.1.199&
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Go,t- iELD COUNTY
•
Martin Morgan
0193 Ingersoll Lane
Silt, Colorado,81652
To Whom It Concerns,
We are sending the letter because we are unable to attend
the meeting Monday the 21st of March In regards to the subdivision
of Nick Lampiris property on Silt Mesa applied by Thomas Gregory
Bever.
We are the ajoining property Northeast of his acerage.
First of all we would like to bring up the issiue of his
getting his property zoned agraculture a couple years ago now
he has subdivided one two acre parcal off of it because of financial
purposes. Now he wants to subdiv&de more, which concerns us that
he will not have agraculturel grounds, which we were not sure he
qualified to start with.
We feel Mr. Lampiris has already had plenty of time to build
his home especially since we have heard he has had three extentions.
So we feel on wanting to subdivide there must be financial problems
behind this.
The neighbors have talked with us and there is a concern.
on the water. We feel if he is going to subdived and turn it
into a subdivision he should be required to put in sufficient
water, electric, sewer, and roads that will not interfer with us.
Thank You,