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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972, and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01, the undersigned attorney for the owners of a portion of the Cardiff Townsite as hereinafter more fully described, respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a tract of land containing 3.09 acres, more or less, into those eleven (11) parcels described on the replat of the Cardiff Townsite submitted herewith, from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations for the following reasons: 1. The requested replat of the subject parcels is for the purpose of adjusting property lines in order to conform the parcels to the existing street, fences and other physical boundaries, and there will be no new parcel created. 2. The proposed replatting will eliminate numerous boundary conflicts and is accordingly in the best interest of the property owners and the public in general. 3. The owners of the parcels affected by the proposed replatting have agreed to execute deeds to a common trustee, with the understanding that the trustee will convey each property owner their respective redescribed parcel upon approval and recording of the proposed replat. 4. The domestic water for the subject parcels is provided from the water system of the City of Glenwood Springs. 5. Sewage disposal is by individual septic systems. 6. The subject property does not adjoin and is not crossed by a live stream. 7. The replat shall bear restrictive language prohibiting the use of parcel 6 as a separate building site. 8. The proposed replat will bear a note, the content of which shall be approved by Garfield County, for the purpose of giving record notice that the parcels described on the replat may not conform, in one or more respects, with the Garfield County Regulations and may accordingly be subject to certain restrictions on the future use thereof. • • 9. An application fee in the sum of $54.00 herewith. is submitted Submitted at Glenwood Springs, Colorado, this day of January, 1982. SCHF.IK & KERST By: ►V Dan rers f6 87 Attorney for Tonso, Bryant, Van Hoose, Tonso, Force, Fletcher, Ellis and Zinko Suite 100, Village Plaza Glenwood Springs, CO 81601 Telephone: 945-2447 1 • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972, and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01, the undersigned attorney for the owners of a portion of the Cardiff Townsite as hereinafter more fully described, respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a tract of land containing 3.09 acres, more or less, into those eleven (11) parcels described on the replat of the Cardiff Townsite submitted herewith, from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations for the following reasons: 1. The requested replat of the subject parcels is for the purpose of adjusting property lines in order to conform the parcels to the existing street, fences and other physical boundaries, and there will be no new parcel created. 2. The proposed replatting will eliminate numerous boundary conflicts and is accordingly in the best interest of the property owners and the public in general. 3. The owners of the parcels affected by the proposed replatting have agreed to execute deeds to a common trustee, with the understanding that the trustee will convey each property owner their respective redescribed parcel upon approval and recording of the proposed replat. 4. The domestic water for the subject parcels is provided from the water system of the City of Glenwood Springs. 5. Sewage disposal is by individual septic systems. 6. The subject property does not adjoin and is not crossed by a live stream. 7. The replat shall bear restrictive language prohibiting the use of parcel 6 as a separate building site. 8. The proposed replat will bear a note, the content of which shall be approved by Garfield County, for the purpose of giving record notice that the parcels described on the replat may not conform, in one or more respects, with the Garfield County Regulations and may accordingly be subject to certain restrictions on the future use thereof. io 40 9. An application fee in the sum of $ herewith. is submitted Submitted at Glenwood Springs, Colorado, this day of January, 1982. By: SCHENK & KERST Dan Kerst 46387 Attorney for Tonso, Bryant, Van Hoose, Tonso, Force, Fletcher, Ellis and Zinko Suite 100, Village Plaza Glenwood Springs, CO 81601 Telephone: 945-2447 • • SCHENK & KERST ATTORNEYS AT LAW SUITE 100, VILLAGE PLAZA GLENWOOD SPRINGS, COLORADO 81601 JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER III January 4, 1982 Mr. Davis Ferrar Garfield County Planner 2014 Blake Glenwood Springs, CO 81601 Re: Replat of Cardiff Townsite Dear Davis: Pursuant to the recent direction of the Garfield County Commissioners, I enclose herewith a Petition for Exemption of the proposed replatting of Cardiff from the subdivision regulations. It is my understanding that the commissioners want the planning commission to be aware of the replatting process, but it was not clear to me if they wanted an actual planning commission review. For the sake of time I would, of course, perfer not having a formal planning commission review, but will respect the commissioners wishes in this regard. With regard to the note to be placed on the plat to "warn the world" of the non -conforming nature of the lots, I would propose the following language: NOTE: The parcels described on this replat may not conform to certain applicable regulations of Garfield County, Colorado, and may be subject to certain restrictions or additional requirements in the event of change or discontinuance of such non -conforming use. I am, by copy of the petition and this letter to Earl Rhodes, requesting that you both review this language and give me your thoughts. I would like to proceed with scheduling of this matter before the commissioners in the reasonably near future._. Please advise me if additional information is needed in this egard. ours very truly, AN KERST DK/sr c - Earl Rhodes, Cty. Atty. Don Van Hoose Cardiff Owners • • SCHENK & KERST ATTORNEYS AT LAW SUITE 100. VILLAGE PLAZA GLENWOOD SPRINGS. COLORADO 81601 JOHN R. SCHENK (303) 945-2447 DAN KERST WILLIAM J. DEWINTER III January 4, 1982 Mr. John Fernandez City Planner 806 Cooper Glenwood Springs, CO 81601 Re: Replat of Cardiff Townsite Dear John: I am not sure how we left this matter after our short conference of a few weeks ago, but as I recall you were going to do some checking to see if the City had any problems with the proposed replat. It also seems that I was to do something to aid your consideration, but have either lost my note in that regard or didn't make one in the first place. We are currently on the last leg of the replatting process, having filed a petition with the County Commissioners, requesting that the replatting be exempted from the subdivision regulations. I hope that this matter will be heard within the next thirty to forty-five (30 - 45) days and I assume that the County will formally request your comments thereon. Please advise me if I can provide you additional information or in any other way assist your review of this matter. DK/sr c - Davis Ferrar Yours very truly, DAN KERST 0 • v F •C\;Z N.1 rTh4:t 11 et. "� 4 ~ y ,\ A C t.;•, ` L ^ ' • • c i i • • y 1. •. ' t. -. •1•, • ins• Z. • • r 1. Xt - X1. 74_ \'. r • • • a 1 F . (7: nl‘