HomeMy WebLinkAbout1.0 ApplicationBEFORE TETE BOARD OF COUNTY COMMISSivNERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned A. GUY CROUCH and
MARTHA A. CROUCH
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 200 acre tract of land into 2 tracts of
approximately 10 and L90acres each, more or less, from the definitions 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 division of the property into the above stated tracts will not impair or defeat
the stated purpose of the Garfield County Subdivision Regulations nor be detrimental
to the general public welfare.
SUBMITTAL REQUIREMENTS: **
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000" showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
E. Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more &han three parcels created from a larger parcel as it
existed on January 1, 1973.
J. A $100.00 fee must be submitted with e application.
A. GUY/CRO CH and •'THA A. CROUCH, Petitioners
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P.O. Drawer 790
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Telephone Number
State
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must satisfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria, however, does not
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a part of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
E. All state and local environmental health and safety requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption request for
completeness within eight (8) days of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the time and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shall
be responsible for mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be set forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
PROPERTY OWNERS IMMEDIATELY ADJOINING
AND WITHIN 200 FEET OF PROPOSED EXEMPTION
1) Robert E. and Mary C. Donlan
5655 County Road 100
Carbondale, CO 81623
Property:
A tract in the WiSEi, Section 19,
Township 7 South, Range 87 West of the
6th P.M.
2) Martin Garfinkel
P.O. Box 3802
Aspen, CO 81612
Property:
All that portion of the SE*SWi in Section
20, Township 7 South, Range 87 West of
the 6th P.M.
3) Irene Green
4366 County Road 100
Carbondale, CO 81623
Property: SWINE*, Section 30, Township 7 South,
Range 87 West of the 6th P.M.
4) Jay F. and Ann M. Halliday
5763 County Road 100
Carbondale, CO 81623
Property:
A tract in the EiSW1 and WISE} lying
westerly of County Road 100, Section 19,
Township 7 South, Range 87 West of the
6th P.M.
5) Peter K. and Barbara W. Lyle
5372 County Road 100
Carbondale, CO 81623
Property: A tract in the SiSE$ of Section 19 and
the SWISW1 of Section 20, all in Township
7 South, Range 87 West of the 6th P.M.
6) William H. McElna, Jr. and Barbara H. McElna
954 Stone Canyon Rd.
Los Angeles, CA 90077
Property: A tract in the NE1, Section 19, Township
7 South, Range 87 West of the 6th P.M.
7) Phillip L. and Sally A. Miller
0500 County Road 102
Carbondale, CO 81623
Property:
All that portion of the NEiSWi lying
Southerly and Westerly of County Road 102
in Section 20, Township 7 South, Range 87
West of the 6th P.M.
8) Geoffrey Platt, Jr.
5142 Worthington Dr.
Bethesda, MD 28016
Property:
NW1SWi except 1 -acre square corner lying
in corner of NW/SW* except tract in
NW$SW} containing8.4 acres, a tract in
Lot 7 and the NSE$ containing 5.47
acres, Section 20, Township 7 South,
Range 87 West of the 6th P.M.
9) Robert C. and Edith T. Ray
P.O. Box 1147
Aspen, CO 81612
Property:
A tract in the SWI and SE* of Section 19
and NWI NEi and NW* of Section 30,
Township 7 South, Range 87 West of the
6th P.M.
10) Ronald M. Razzore & Katha Rossein
31 The Grasslands
Woodbury, N.Y. 11797
Property:
A tract in the WiSEi and EfSWi of Section
20, Township 7 South, Range 87 West of
the 6th P.M.
11) John M. Stirling
0704 Skipper Dr.
Carbondale, CO 81623
Property:
WINE , S4NWi, NiSi, and a tract in the
NWiNW} containing 2.25 acres, all in
Section 29, Township 7 South, Range 87
West of the 6th P.M.
12) Ruth Stirling
0488 County Road 162
Carbondale, CO 81623
Property:
WINE*NWi, except a tract described in
Book 574 at Page 303 containing .93
acres, Section 29, Township 7 South,
Range 87 West of the 6th P.M.
13) Jake and Carolyn Stoner
5374 County Road 100
Carbondale, CO 81623
Property:
A Tract in
Township 7
6th P.M.,
14) Michael L. and Kathleen S
0393 County Road 102
P.O. Box 60
Carbondale, CO 81623
Property:
the SiSE}, Section 19,
South, Range 87 West of the
containing 13.04 acres.
. Strang
Township 7 South, Range 87 West, 6th P.M.
Section 17: NEISW}, Lots 1, 2, 3
Section 18: Lots 8, 9, Part of 12; NEiSi
Part of WiNE1 lying east of
County Road 100
Section 19: Lot 6, Part of Lots 5, 7
1)
PROPERTY OWNERS IMMEDIATELY ADJOINING
AND WITHIN 200 FEET OF PROPOSED EXEMPTION
Peter K. and Barbara W. Lyle
5372 County Road 100
Carbondale, CO 81623
Property:
A tract in the SiSEe of Section 19 and
the SWISW$ of Section 20, all in Township
7 South, Range 87 West of the 6th P.M.
2) Geoffrey Platt, Jr.
5142 Worthington Dr.
Bethesda, MD 28016
Property:
NWiSW$ except 1 -acre square corner lying
in corner of NW$SW1 except tract in
NW}SWi containing 8.4 acres, a tract in
Lot 7 and the NEISE} containing 5.47
acres, Section 20, Township 7 South,
Range 87 West of the 6th P.M.
3) Jake and Carolyn Stoner
5374 County Road 100
Carbondale, CO 81623
Property: A Tract in the SiSE*, Section 19,
Township 7 South, Range 87 West of the
6th P.M., containing 13.04 acres.
4) Michael L. and Kathleen S. Strang
0393 County Road 102
P.D. Box 60
Carbondale, CO 81623
Property:
Township 7 South, Range 87 West, 6th P.M.
Section 17: NE*SWi, Lots 1, 2, 3
Section 18: Lots 8, 9, Part of 12; NEiSi
Part of WiNEi lying east of
County Road 100
Section 19: Lot 6, Part of Lots 5, 7
PROPERTY DESCRIPTION
10.467 ACRE PARCEL
A PARCEL OF LAND SITUATED IN THE NE 1/4SE 1/4 AND THE SE 1/4SE 1/4
OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
S 00°23'08" W ALONG THE EASTERLY LINE OF SAID SECTION 19, 743.51
FEET TO AN X IN ROCK, THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID SECTION LINE S 00°23'08" W 429.83 FEET;
THENCE LEAVING SAID SECTION LINE S 21°06'23" W 437.08 FEET; THENCE
N 46°54'59" W 457.10 FEET TO THE POINT OF INTERSECTION OF A FENCE
RUNNING EASTERLY, WESTERLY AND NORTHERLY; THENCE N 07°01'23" E
ALONG SAID FENCE 127.32 FEET; THENCE CONTINUING ALONG SAID FENCE
N 78°05'22" E 9.65 FEET; THENCE CONTINUING ALONG SAID FENCE
N 10°09'14" E 472.23 FEET; THENCE LEAVING SAID FENCE N 80°37'17" W
197.32 FEET; THENCE N 02°56'25" E 654.40 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 102; THENCE
S 89°16'16" E ALONG SAID RIGHT-OF-WAY 200.00 FEET; THENCE LEAVING
SAID RIGHT-OF-WAY S 02°56'25" W 654.40 FEET TO A REBAR AND CAP
L.S. #5447 IN PLACE AT THE INTERSECTION OF A FENCE. RUNNING
NORTHERLY AND EASTERLY; THENCE S 75°38'17" E ALONG SAID FENCE
392.85 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING
10.467 ACRES, MORE OR LESS.
MAY 15, 1990
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GARFIELD COUNTY, COLORADO
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GARFIELD COUNTY
DEPARTMENT OF BUILDING SANITATION AND PLANNING
May 18, 1990
Mr. Jim McDanold, P.E.
Office of the State Engineer
Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
Re: Crouch Exemption - Sec. 19, T7S, R87W
Dear Mr. McDanold:
Please find enclosed for your review and comments a map and
associated materials depicting a parcel proposed for exemption.
The applicants are proposing to obtain water from the Basalt Water
Conservancy District and drill a well.
This matter has been scheduled for a public hearing before the
Board of County Commissioners at their July 2, 1990 meeting. Any
comments you might have regarding this matter would be appreciated.
If you have any questions, do not hesitate to call.
Sincerely,
Andrew C. McGregor
Planner
AMcG/emh
encl.
109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601
ROY ROMER
Governor
II��j_Iji
FFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
JUL
1990 1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
GARFIELD GOUNIY
June 29, 1990
Mr. Andrew C. McGregor
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Crouch Exemption
Sec. 19, T7S, R87W
Dear Mr. McGregor:
JERIS A. DANIELSON
State Engineer
We have reviewed the above referenced proposal which would create three
parcels from an existing 200 acre tract. The proposed water supply for the
smallest parcel (10.467 acres) is an individual well. The applicant proposes
to obtain a Water Allotment Contract from the Basalt Water Conservancy
District. No information was submitted concerning the remaining two tracts.
We cannot recommend approval of this proposal until the applicant obtains a
Water Allotment Contract for each of the two lots created in this plan which
are less than 35 acres.
JRH/JCM/clf:1570I
cc: Orlyn Bell, Division Engineer
Bruce DeBrine
Sincerely,
igc. 4 6.,,,,,
James C. McDanold, P.E.
Senior Water Resources Engineer
(y)
GARFIELD COUNTY
❑ Sanitation
❑ Building
Plan:iing
109 8th St. Suite'13
3
Glenwood Springs, Colorado 81601
Telephone 303: 945-8212 625-5571
N 5 5 0 i
DATE:
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RECEIVED FROM:
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