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Home My WebLink About2.0 BOCC Staff Report 08.08.19831 BOCC - 8/8/83 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Senate Bill 35 Exemption APPLICANT: Mumbert and Laurine Cerise LOCATION: Section 29 and 33, Township 7 South, Range 87 West of the 6th Principal Meridian. Located aproximately 1 1/2 miles east of Catherine's Store on the north side of Highway 82. SITE DATA: SEWAGE: WATER: The site is approximately 333 acres in size. Proposed individual septic disposal system Proposed well ACCESS: Onto Highway 82 ZONING: A/R/RD ADJACENT ZONING: A/R/RD in all directions I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The site falls within Districts C and D - Rural Areas with Moderate and Minor Environmental Constraints. The site is within one mile of Carbondale's Urban Area of Influence, thus, the Comprehensive Plan states taht this should be a transition zone between urban and rural areas with no greater than one (1) dwelling unit per 2 acres. II. DESCRIPTION OF THE PROPOSAL: A. Site Description: The site is basically flat in nature with a covering of sage and trees. There also appears to be several irrigation ditches on the property. The property fronts the north side of Highway 82. B. Project Description: The applicants propose to divide a 333 acre parcel into one 5 acre parcel and one 328 acre parcel. The applicants wish to deed the 5 acre parcel to their son and daughter-in-law so that they may build a homne for themselves on the property. III. MAJOR ISSUES AND CONCERNS: A. Reviewing Agency Comment: 1. The Division of Water Resources sent a letter dated July 27, 1983 stating that they can issue an individual in house use only well permit for the 5 acre parcel. They additionally recommended that sufficient irrigation rights be deeded with the 5 acres to meet the projected needs for outside water use. B. Staff Comments: 1. The applicants must obtain an access permit from the Department of Highways to access onto Highway 82. 2. The deed to the five (5) acre parcel should contain access and maintenance easements for the ditches so that the ditch users will be able to maintain the ditches. IV. FINDINGS: 1. That the proposed request is in order with Resolution No. 80-65, governing Senate Bill 35 exemption requests. 2. The proposal is in order with the acreage requirements for the A/R/RD zone district. 3. That for the above stated and other reasons, the proposed zoning is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. BOCC - 8/8/83 * V. RECOMMENDATION: Approval of the Senate Bill 35 Exemption request with the following conditions: .. The applicants must obtain and submit to the Planning Division an .? access permit from the State Department of Highways prior to final \4.\ approval of the Senate Bill 35 Exemption. ci'-C a'.l{ (v1G-. (.�5& ri"�n--_I 2. The applicant must obtain and submit to the Planning Division a well permit for the 5 acre parcel prior to final approval of the Senate Bill 35 Exemption. 3. That a new legal description for the 5 acre parcel must be submitted to the Planning Division prior to final approval of the Senate Bill 35 Exemption. This legal description must include access and maintenance easements for the ditches on the parcel. These easements shall also be reflected in the deed transferring the property to the applicants son and daughter-in-law. I( All above conditions must be met within 120 days after conditional approval of the Board of County Commissioners. /'Y1k,a be ori Dee 69,1153 -2- Apphci rn..( st print. • 5\1 Or erz!.,-.1.3:.?' 1 COLORADO DIVIS!ON OF kVATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PEW,1!T .APPLICATION FORM '..VATE! tr. L PE--iFiT TO ALL A. l'UMP • REPLACE;VEN i Orvi‘zi; COGRT CASE NO. RECEEt SEPp-iY)`13 - (1) APPL !CAN T • ..iddress t5 STREET usocci___ CITYC.Actlo ond al a B\22 (state) TELEPHONE NO ac -9(.03 - 3S 7' -L (2) LOCATION OF PROPOSED WELL GRAdcL L.L.) •.3? .7... k/I N • elf pOStid 'tI :11.!;)Th f Aquifer ground v,ater is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: (X) HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( INDUSTRIAL (5) LIVES FOCK (2) 1 TION (6, (4) ; ((3 [OH OFF )CE UE ONLY: DO NO i WR((E N THi..1 COLUMN Receipt No. 3 9 1 `i/ Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the, permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from se,4,ing relief in a civil court action. a 71:;::::1!;•NT TO C.Z!-, S 7.7E,;". i1t-T!)1, • . ,;;; ;;;iNGLE ; ci.11:;il: THE HO,'‘,I•SE AN!' THE FiETET:N r::!*;:; FRGY,T ETEC,;' TEE 'iVE'LL MUST RE THRP, WASIF WVIT.R SYSTEM OF THE N'',.`;N - EVAi‘GRATViETY WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH Ti -IE WELL IS LOCATED. THIS WELL MUST BE CONSTRUCTED ACCORDING TO THE REVISED AND AMENDED RULES AND REGULATIONS APPROVED BY THE STATE BOARD OF EXAMINERS FOR WATER WELL. AND PUMP INSTALLATION cONTRACTORS., .., • •- - , OTHER APPLICATION APPROVED DET11 1:HE USE 0.1‘..1 (4) DRILLE 2 653 ":.a1.1P,E11 SEP Inc-) 6 SE? 1? i9ds RICHARD D. LAMM Governor 890H r \/876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 July 27, 1983 Ms. Cynthia M. Houben Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Houben: ro 64 k Re: Cerise Exemption Section 32, T7S, R87W JERIS A. DANIELSON State Engineer l Jd3 We have reviewed the above referenced proposal to separate five acres from 328.9 acres. Apparently a spring is the source of water on what would become the larger tract. The applicants seek a well for the proposed building site. This office could make a household use only well permit available for the five -acre site provided tracts of less than 35 acres have not been exempted from the larger tract since 1972. If this provision is met, we can recommend approval. Since a household use only well is the only type we can make avail- able, we recommend sufficient irrigation rights be deeded with the five acres to meet projected needs for outside water use. We consider proposals such as this as a one-time exemption of a tract less than 35 acres. The availability of a well on the larger tract would not be affected since it remains greater than 35 acres. HDS/KCK:ma cc: Lee Enewold, Div. Eng. Ralph Stallman Sincerely, 11). Simpsdn, P.E. Assistant State Engineer