HomeMy WebLinkAbout1.0 Application*PETITION FOR EXEMP1 l ON 411
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Pursuant to C.R.S. (1973) Section 30-28-101 (10) - (d) as arrnnded, and
ih�� Svision P,eoulations of Garfield County, Colorado, adopted ,lanuary 2, 1979
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Section 2.02.01 (d) and 3.02.01 the undersioned ELWYN R. COULTER AND
respectfully petitioners the
-----t by res of u -
Boa rd of County Commissioners of Garfield Courjty, Colorado, to exemp
tion the division of A TEN acre tract of 1 and into TWO
tracts of
approximately
2 acres and 8 acres each, more or less, from the difinitions of
"subdivision" and "subdivided land" as the terms are used and defined in C.R_S_
(1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
The pro.ert bein: subdi
and the division, together with any earlier permitted, will create only 2 new
tracts under 35 acres in size.
In support of this petition, the petitioner also submits the following:
x A. Map drawn to scale showing proposed lot subdivision
and access.
x B. Copy of deed
x C. Vicinity map
x D. Statement on source of domestic water
x E. Statement on method of sewage disposal
N/A F. 100 year floodplain information where
live stream crosses or adjoins said tract
x G. Evidence of the"soil types
x
H. Copy of Assessor's map showing the property
x I. Practical description of property location
x
J. Fee in the amount of $ 60.00
Submitted at Glenwood Springs, Colorado, this x K. $200.00 fee for each new lot created of 19/14—
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Petitioner
4487 County Road 233
Rifle, Colorado 81650
Mailing Address
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625-2664- . L,Welk- 61-(0-5514
Telephone Number
SCS -228 (8-66)
• CONSERVATION PLAIllr
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
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September 16, 1981
Garfield County Commissioners
c/o Terry L. Bowman, Assistant Planner
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Gentlemen:
This letter is being written to request permission for the following:
1. To subdivide 10 acres into an 8 acre parcel containing our home,
and a 2 acre parcel to create a vacant lot to cover an already
existing trailer site, containing a trailerhouse with water, sewer,
natural gas, cement patio, shade trees, shrubs, lawn, and flowers.
2. To retain the trailerhouse already on the site, with the wheels
removed, set on masonry blocks, skirted, with a built on porch. This
trailer is presently rented to a couple from Wisconsin who have moved
here and are working in oil shale.
This is an "after the fact" request, for the reason that the trailer
site has been established for 15 of the 18 years we have owned the property.
We have had a trailerhouse on the site for approximately 12 of the 15 years,
and we never dreamed permission from the County would be required, since the
spot was there prior to any county zoning, and we felt the "Grandfather Clause"
would prevail.
We especially need to have a trailerhouse on our site now, for the
following reasons:
1. In addition to our 10 acres in the valley, we own an upper ranch
on Mamm Creek consisting of 608 acres of grass and pastureland, and we work up
there on and off during the summer months, so are not at home to keep an eye on
things a good deal of the summertime. Due to the upsurge of crime in our area
since the oil shale boom, we wanted someone living on our home place to look
after things when we're at the upper ranch.
2. We need part time help in our ranching operation and, since we
cannot afford a full time ranchhand, one of the conditions in renting our trailer
was that the husband give us a hand during the haying season, and in the spring
when we work on the 5 miles of fence on the upper ranch. We can usually arrange
our heavier work to fall on the weekend when our tenant has free time.
3. Since my husband is blind in one eye and in general poor health,
he had to take an early retirement and is on a fixed income. Our ranching opera-
tion doesn't generate enough income either and, between inflation and the boom
in prices in the area due to oil shale, we are having trouble meeting expenses.
The extra income from the trailer rental makes a big difference in our budget.
Being senior citizens on a fixed income in this high priced area makes it very
difficult to make ends meet.
Garfield County Commissioners
September 16, 1981
Page 2
We are writing now, prior to making application for the above two
exemptions, to request special consideration from you regarding the size of
our trailer, since it is a 12 x 50 home. We looked at many used trailerhouses
before we found one we could afford that would fit the site, was well built,
and in good condition. We have spent a lot of time cleaning and improving the
trailer and can truthfully say it is in excellent condition. There is not room
on our site for a larger trailer, since there are lovely shade trees on each side
of the trailer which create a nice shady spot in the summer, to say nothing of
the attractive setting. It would be a shame to even consider cutting down one
of the trees just to gain another 10 ft. of trailer. We do plan to add on to
the trailer when our funds permit it, a 10 x 16 ft. den, which would then meet
your 720 sq. ft. requirement. We are enclosing photographs of the trailer
situated on the site, so you can see what an attractive setting it is, and
understand why we are requesting your special consideration of our request to
allow us to retain this particular trailer and build on an addition, if necessary,
to bring the square footage up to your requirement.
We ask that you review our request as a "hardship" case, since:
1. We cannot move the already established site
2. This is the largest trailer that will fit the site
3. It is a trailer that we can afford and in good condition
4. We badly need to keep the trailer there for protection, part
time hired help, and financial reasons.
If you can offer us any encouragement that you might make an exception
in our case, we will proceed with our paperwork to complete and submit the
exemption applications as soon as possible. We want to stay on here in our home
as long as we are able, since we have never lived in town. Being able to keep
the trailer here will make a big difference to us in how long we can continue
enjoying our home in the country, and we hope and pray your reply will be a
favorable one.
Sincerely,
Elwyn R. and Frances L. Coulter
4487 County Road 233
Rifle, Colorado 81650
625-2664
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INFORMATION ON ITEMS D, E, AND I
D. BOTH THE 8 ACRE TRACT AND THE 2 ACRE TRACT ARE CONNECTED TO AN EXISTING
PRIVATE DOMESTIC WELL, WHICH THEY SHARE.
E. BOTH THE 8 ACRE TRACT AND THE 2 ACRE TRACT ARE CONNECTED TO AN EXISTING
PRIVATE INDIVIDUAL SEPTIC SYSTEM AND LEACH FIELD, WHICH THEY SHARE.
I. THE PROPERTY IS LOCATED APPROCIMATELY 5 MILES NORTHEAST OF RIFLE ON
COUNTY ROAD 233.
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Map Unit No. 10B
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater thag 3 inches)
Salinity (ECx10.S @ 25°C)
pH (surface)
Shrink -swell Potential
Potential frost -action (surface)
Flood Hazard
Hydrologic Group -
Corrosivity Steel (uncoated)
Concrete
DEGREE & KIND OF LIMITATIONS
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: More than 60 inches
Loam
. Clay loam
Loam
- ML, CL
Moderate
: 0
6.6 to 7.8
Moderate
: Low
None
B
: High
Moderate
(0 is Slight, M is Moderate, S is Severe)
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Septic Tank Absorption Fields
Sewage Lagoons
Sanitary Landfill Trench
Area
Shallow Excavations
Dwellings w/basements
w/O.basements
Local Roads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for Landfill
Roadfill
Sand
Gravel
Topsoil
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M
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0
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M
Slope, seepage
Low strength
Low strength
M Low strength
Good.
. Fair
Low strength
. Unsuited
. Unsuited
Fair Small stones
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
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IN THE DI:;TRTCT COURT IN AND FOR
WATER DiVISION NO. 5
STATE OF COLORADO
IN THE MATTER OF THE
APPLICATION FOR
WATER RIGHTS OF
ELWYN R. COULTER
IN THE COLORADO
RIVER OR ITS TRIBUTARIES
TRIBUTARY INVOLVED:
SCUTTER'S GULCH
IN GARFIELD COUNTY
CASE NO. W- 956
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RULING OF THE REFEREE
ABSOLUTE DECREE FOR
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UNDER
UNDER GROUND WATER RIGHTS
And the Referee having made the, investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
This
Water Division
application was referred to the Water Referee of
No. 5 on the lith day of July , 197_1.
Elwyn R. Coulter
R. R. 1, Box 81B4
Rifle, Colorado
2. The name of the structure is Coulter Well No. 2.
3. The Legal description of the structure is: The well is located
in the SW4SW4Si'7 of Section 34, T. 5 S., R. 92 W. of the
6th P.M. at a point whence the Southwest Corner of said
Section 34 bears West 315 feet and South 23 feet.
4. The depth of the well is 73 feet.
5. The date of initiation of appropriation is April 1964.
1. Name of Applicant
Address
6. The amount of water claimed is 0.022 c bic foot per second
7. The use of the water is
domes
of ti
8. The State Engineer's number is 19191.
9. The Priority date is April 30, 1964.
10. The date of the application was June 26, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
as provided by law.
Done,#t the City of Glenwood Springs, Colorado this
Se/- day of�197Y
'I protest was filed in thth matte -
7 forer;)inp rulinR is ennfirr�^,1
n. r !,,vel, nod is imide the
J !'n,t ..-r1 Docr' o of this court.
for judo
• �A oter Referee
Water Division No. 5
State of Colorado
Filed for record the day of Nov A. D. 19
Reception No 223249
411
at9 :10 o'clock A M.
Chas. ?,S. Keegan
By
t OoK ,S>4 rage j (
RECORDER.
DEPUTY.
5.
�rtPb Made this 1St day of November in the year of our Lord
one thousand nine hundred and sixty-three between
LYMAN A. McKEE and HILDA McKEE
of the County of Garfield and State of Colorado, of the first part, and
ELWYN R. COULTER and FRANCES L. COULTER
of the County of Garfield and State of Colorado, of the second part;
Witnesseth, That the said part ies of the first part, for and in consideration of the sum of
$10.00 and other good and valuable considerations
to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby con-
fessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell,
convey and confirm, unto the said parties of the second part, not in tenancy in common but in ;oint tenancy, the surv;vor of
them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcels of land
situate, lying and being in the County of Garfield and State of Colorado, to -wit:
Parcel 1: The NE*SE*, and the Ei of the NW,1--, of SE,1 and the W2 of SE* of
SE* and the SE* of SE* of SE* all in Sec. 33, Tp. 5 S., R. 92 W. of 6th
P.M. which land is otherwise described as Tracts 33, 34, 35, 46, 47, 48,
50, 63 and 64 of the Antlers Orchard Development Company's Plat No. 1
recorded July 23, 1909; together with 80 shares of the capital stock of
the Farmers Irrigation Company.
Parcel 2: The NE,—SE-SE*—, the EiSW*SEk, Sec. 33, Tp. 5 S., R. 92 W. 6th
P.M., otherwise described as tracts 49, 51 and 62 of Antlers Orchard
Development Company's Plat No. 1 recorded July 23, 1909; together with 20
shares of the capital stock of Farmers Irrigation Company and the ditch
and water rights represented thereby.
(Parcel 3: SW,—,SWuSW- (Tract No. 57) Sec. 34, Tp. 5 S., R. 92 W. 6th P.M. )
The first parties reserve to themselves, their heirs and assigns one-half
of all oil, gas, and minerals in or upon the land hereinabove described.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of
the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part ies
of the first part, for them selves , their heirs, executors, and administrators, do covenant, grant,
bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns
of such survivor, that at the time of the ensealing and delivery of these presents, they are well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have
good right, full power and lawful authority to grant, bargain, sell and convey the sarne in mariner and form aforesaid, and that
the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of
whatever kind or nature soever, except an oil and gas lease of record. giPRA 7fN}{1 E7srtX XX
Rte 1963 taxes.have been adjusted and are assumed by second parties.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or
to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER
DEFEND.
In Witness Whereof, The said parties of the
seal S the day and year first above written.
Signed, Sealed and Delivered in the Presence of
first part have hereunto set their
an A. McKee
hand s and
"t-10-21.
.
(SEAL)
(SEAL)
C (SEAL)
HI a ---McKee
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339 -P -REVISED
STATE OF COLORADO,
County of GARFIELD
before me this lst .._day of..--..NOVember 19...63....,
by*_. Lyman A. McKee and Hilda McKee.
is
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The foregoing instrument was acknowledged
Witness my hand and official seal.
My commission expires November 19, 1964.
Notary Public.
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Gee
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Notary Public.
8
September 23, 1981
Garfield County Commissioners
c/o Terry L. Bowman, Assistant Planner
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Gentlemen:
With regard to our letter of September 16th, requesting your consideration
with respect to the size of our mobile home, it is our understanding that you
would like to have us set an estimated date for completion of the addition we
proposed. Since winter is just around the corner, and we don't move as fast as
we used to, we are requesting that a completion date of July 1, 1982 be set.
In the fall, we spend most of our time up at cow camp cutting wood, helping
with the cattle, and getting ready for hunting season. We also stay up there during
the complete hunting season, through both single seasons and the combined season
to protect our place against trespassing hunters. We generally are not back to our
home ranch before November 15th.
Since the weather is so uncertain in November, we may not be able to start
construction on the addition then. Also, I work during the winter months, so my
husband wouldn't have any help except on weekends. I generally get laid off on
May 1st, and the weather then should permit us to get started on the addition with
no problem. We would also be in better financial shape by then since we would have
my salary from the winter months to help out. The July 1, 1982 deadline would give
2 full months to work on the addition, which we feel will be ample time.
Should the weather permit us to start construction in November, we will do so.
Another winter like the one we had last year would allow us to complete the addition
way ahead of the July 1st date, however, since you can't depend on the weather, we
are requesting the July 1st completion date.
Sincerely,
Elwyn R. and Frances L. Coulter
4487 County Road 233
Rifle, Colorado 81650
625-2664
._1
SEP 2 5 1981
GARFIELD CD. PLANNER
SHALE COUNTRY SURVEYING
Mldford L. Coolbaugh L.S. 10871
Sults 4, 515 W. Second Street
Rifle, Colorado 81650 Ph. 625-3158
LEGAL DESCRIPTION FOR 2 -ACRE PARCEL
A tract of land located in the S.W.4 of the S.W.* of the S.W.i, Section
34, Township 5 South, Range 92 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at the Southwest Corner of Tract No. 57 of Antlers Orchard
Development Company's plat No. 1 recorded July 23, 1909 from whence the
Southwest Corner of said Section 34 bears S.45°08'43"W. a distance of
42.32 feet; thence N.00°00'00"E. along the West line of said Tract 57,
a distance of 439.00 feet; thence N.90°00'00"E. a distance of 236.00 feet;
thence S.00°00'00"W. a distance of 325.00 feet; thence N.90°00'00"W. a
distance of 145.00 feet; thence S.00°00'00"W. a distance of 114.46 feet
to a point on the South line of said Tract 57; thence N.89°42'35"W. along
said South line, a distance of 91.00 feet to the Point of Beginning.
Containing 2.0000 acres more or less.
Midford L Co•lba :h L.S.
SHALE COUNTRY SURVEYING
Milord L. Coolbaugh L.S. 10871
Suite 4, 515 W. Second Street
Rifle, Colorado 81650 Ph. 625-3158
LEGAL DESCRIPTION FOR 8 -ACRE PARCEL
A tract of land located in the S.W.* of the S.W.* of the S.W.* of
Section 34, Township 5 South, Range 92 West of the 6th Principal
Meridian, Garfield County, Colorado and being more particularly
described as follows:
Being all of Tract 57 of the Antler's Orchard Development Company's
Plat No. 1 recorded July 23, 1909 excepting the following described
parcel:
Beginning at the Southwest Corner of Tract No. 57 of Antlers Orchard
Development Company's plat No. 1 recorded July 23, 1909 from whence
the Southwest Corner of said Section 34 bears S.45°08'43"W. a distance
of 42.32 feet; thence N.00°00'00"E. along the West line of said Tract 57,
a distance of 439.00 feet; thence N.90°00'00"E. a distance of 236.00 feet;
thence S.00°00'00"W. a distance of 325.00 feet; thence N.90°00'00"W. a
distance of 145.00 feet; thence S.00°00'00"W. a distance of 114.46 feet
to a point on the South line of said Tract 57; thence N.89°42'35"W. along
said South line, a distance of 91.00 feet to the Point of Beginning.
Containing 8.0000 acres more or less.
c
Midford'L C6olbaugh L.S.
EXEMPTION
NAME:
C.Gp-)
PURPOSE OF EXEMPTION: ] 4C f' -L71 /YT 2-'
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ZONING:
QUALIFICATION FOR S.B. 35((-2/e ,; ,(--;1 v-.e:;e
LOCATION OF SITE:
WATER: /5 % e!"/.C2_,..06 • d ce z;' _.
DIV. OF WATER RESOURCES RESPONSE: ,0-77����i/
SEWER:
CHECK LIST:
�( FEE PAID ($50 +1.00/acre for each parcel created under 35 acres)
MAP showing proposed lots and access Z5-en—c- --57} ,5 j -
A DEED
VICINITY MAP
100 yr floodplain info.
SOIL MAP
IF community water, letter of approval from governing body
COMMENTS:
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