HomeMy WebLinkAbout4.0 Resolution 97-40o o :!.
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STATE OF COLORADO )
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)County of Garfield
Ata rcorr'l a r meeting of the Board of County Commissioners for Garfield
County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in
Glenwood Springs on Monda fts 14th 61 April A.D. t9 e7
, there were present
l\rferien T ifh Commissioner Chairman
.Iohn Ma , Commissioner
Lerrv own , Commissioner
T-)nn T')a County Attorney
futildred lsdorf
Chuck Deschenes
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. e7 -4o
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR THEODORE W. AND KATHERINE S. CHRISTIE.
WHEREAS, THEODORE W. AND KATHERINE S. CHRISTIE 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 a37.533 acre tract as described in Book 420 atPage236, as filed in the
Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) tracts of approximately
4.014 and 33.519 acres each, with the exemption parcels more practically as follows:
Lot 1
Lot2
See Attached Exhibit A
See Attached Exhibit A
(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 Stan-rtes 1973, as amended, for the reason that the
division does not warrant further subdivision review; and
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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 Departrnent 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" as set forth in C.R.S.
1973,30-28-101 (10) (a)-(d), as amended; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described 37.533 acre
parcel is hereby exempted from such definitions and may be conveyed in the form of the Lot " 1 and Lot
"2" as are 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 16th day of April , A.D. L997
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"tllllll:"'ATTEST: . ,""Lr .;GARFIELD COUNTY
C OMMIS SIONERS ,
COUNTY, COLORADO
BOARD OF
GARFIELD
vote
A
?
of the Board . (l..Chairman
Upon motion, Oirt!'made and seconded the foregoing Resolution was adopted by the following
Commis.ein smi.t-her Che i rmrn M=ri:n T
Commissioner John F-Mart i n
Aye
Aye
AyeCommi.qq loner L A rr\/L. M I^/
STATE OF COLORADO
County of Garfield
I,County Clerk and ex-officio Clerk of the Board of
Counfy 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
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day of , A.D. 19_.
County clerk and ex-officio Clerk of the Board of county Commissioners
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LECAL DESCR/PT/ONS
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A troct of lond being the Wt/2St//4SW//4, o portion of theNEl/4SE//4Swt/4 6nd the tt/zstt/tsE//4sw1/4 0f section J35 sou.lh,.Ronge g2 ll/est of the 6th P.M. being more porticu/or/y
described os fo/lows;
Township
Be_ginning ot Southwest Corner of soid W1/2St//45W1/4 of soid Section3'J whence the Southwest corner of soid section beors V/est llJO.24feet; thence N 0'00'57" t, /J70./2 feet to the Northwest cornerof soid w//2st//4sw//4, thence N a7' 29' 5J" E, 964.g7 feet o/ongthe north /ine of soid til//2sE//4sw//4 ond soid NE7/4sft/4sw//4j
thence S 22' /6' 48" t, /50.8/ feet; thence S /7 52' 47"' E,/07.09 feet, thence S 2'J6'47 f, /4.79 feet,.thence S /S'49,55" [, /74.2O feet; thence S 85'J0'2J" 8, J29.47 feet to theeost line of soid NE//4S|//4SW//4, thence S 0' 02, 59" W, 964.24feet to lhe southeost Corner of soid f//2SE//4s87/4sw7/4; thence west, JJ2 56 feet to the Southwest Corner of soid E//25{//4Sf //45W7/4,
lhence N 0'02'29" t, 709.87 feet to the Norlhwest Corner of soid81./2St//!5f.7/45W7/4, thence S BB'4i'5J" W otong the south /ineof soid NE//4sEt/tswt/t, JJ2.z5 feet to the eost tine of soidW1/2St//4Sr///4, thence S 0'0/'59" W,702.60 feet to theSoutheost Corner of soid W//2581/4Sr///4; thence ta/est, 665. /2 t'eet tothe PO/NT OF B1G/NN/NG; sord described troct contotning 3J.579 ocresmore or /ess.
SUBJECT To o we// ond woter/ine eosement /5 feet in width /yirq 7.5on eoch side of the we// ond woter/ine os constructed ond in plocethe repoded /ocotion being described os fo//ows;
Beginning of o point whence the southwest corner of the obovedescribed Lot 7 beors S OO' 57'/J" W 874.75 feet; thence S69'JJ'25" f through the exrsting we// ond o/onq the exrstingwoterline 6J0.25 feet, thence N 44'26'J2" f 547.54 feet 7o opoint on the west /ine of Lot 2 of the Christie Subdivislon
fxemptlon
t/1T aL\J / -ZA troct of /ond situoted in the Nf//aff//4sw//4 of Section JJ
Township 5 South, Ronge g2 tlest of the 6th P.M. bernq moreporticu/or/y described os fo/tows..
Beqinning ot o point on the north /ine of soid NEt/4Stt/4SWt/4
whence the southwest corner of soid seclion JJ beors s 51 05'2J"
W 2602.27 feet; thence N B7 29' 5J" f, 467.5/ feet to theNortheost corner of. soid Nf //4SE//4SW/14, thence o/onq the eost /ineof soid Nfl/4sft/tSwt/a S 0' 02' 59" w, 470.05 fee1, thence N gs
30' 2J" t/y, 329.4/ feet; thence N /5' 49' 55" W, 774.20 feet;
thence N 2' J6' 47" W, /4.79 feet; thence N /7 52' 47' W,/07.09 feet; thence N 22' 76' 48" W, /50.8/ feel to the pO/NT OF
B|G/NN/NG; soid descrlbed troct contoininq 4.0/4 ocres, more or
/ess.
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GARFIELD COT]IYTY
Building and Planning
February 26,1997
Mr. Leo Swartzendruber
fufle Realty Company, Inc
131 W. Third Street
Rifle, CO 81650
RE: Christie Subdivision Exemption Approval
Dear Mr. Swartzendruber;
On FebrLrary 18,l99l,the Garfield Courty Board of Courfy Commissioners approved yor.rr client's
request for a subdivision exemption, based on compliance with the following conditions of approval:
All representations of the applicant shall be considered conditions of approval unless
otherwise stated by the applicant.
The applicant sirall 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.
The applicant shall submit 5200 in School Site Acquisition Fee, prior to the signing
of an exemption plat.
A final exemption plat will be sr,rbmltted, indicating the legal description of the
property. dimension and area of all proposed iots or separate interests to be created,
access to a public right-of-way, and any proposed easements for drainage, irrigation,
access and r.rtilities and the following plat notes:
"The minimun defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire
Safety Guidelines for Rural Homeowners" ( Colorado State Forest Service) shall be
used to determine defensible space requirements for the required defensible space
within building enveiopes in areas exceeding five (5) percent grade."
"The soils on this site indicate that there are severe limitations to the use of
individual sewage disposal systems due to slow percolation and it may be trecessary
for an engineer to design the individual sewage disposal systent."
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109 8th Street, Suite 303 94s-8212t285-7972 Glenwood Springs, Colorado 81601
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"On site investigations by a geotechnical engineer or geologist is recommended to
establish the appropriate design and construction of residential structures."
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries. The
requirement will be included in the protective covenants for the subdivision with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases. "
"No open hearth solid-fuel fireplaces will be allowed anywhere within an
exemption. one (1) new solid-fuel burning srove as defiedby C.R.S. z5-i-401,
et. seq., and the regulations promulgated thereunder, will be allowed in any
dwelling unit. All dwelling units will be allowed an unrestricted number of narural
gas burning stoves and appliances."
"Each subdivision shall have covenants requiring that all exterior lighting be the
minimum amount necessary and that all exterior lighting be directed inward,
towards the interior of the subdivision, except that provisions may be made to
allow for safety lighting that goes beyond the property boundaries."
If the applicant proposes to share the existing well with the proposed new lot, an
agreement for the shared use of the well be submitted to the Planning Department
prior to approval of a exemption plat that clearly defines the rights of the properties
sharing the well. Additionally, a twenty foot square well access, repair and
maintenance easement around the well and a ten foot wide water line repair and
maintenance easement be shown on the exemption plat.
if the applicant chooses to acquire ar"rgmentation water for a new well, a well permit
will be acquired and the well will be drilled to demonstrate the quality, quantity and
dependability of the well proposed for the new lot prior to the approval of an
exemption plat:
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2)
A well be drilled and a 4 hour pump test shall be performed;
The applicant supply, to the Planning Department, the well
completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the 4 hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge
shall be submitted to the Planning Department;
A written opinion of the person conducting the well test that this well
would be adequate to supply water to the number of proposed lots
and be submitted to the Planning Departrnent;
3)
4)
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An assumption of an average of no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
The water quality be tested by an "ppror.d testing laboratory and
meet State guidelines concerning bacteria and nitraies.
If you have any questions regarding the conditions of approval, please feel free to give me a call
Sincerely,
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Mark L. Bean, Director
Building & Planning Department