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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 ** Bj: DE & O13, P.C. MUUEDIXOUMI B / 1 y ' --- J�• A. Thulson Mailing Adress CG itgood--Sp P.O. Drawer 790 • _.• .I ' 3_94..5-6546 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 1-1!ri1 Ur OLS11UI' I U,veUtidUk T.7S.,R.87 4., OF THE 6t11 P.M. GARFIELD COUNTY, COLORADO AR!?r CIA -6 atm}; LOT 7 // • 561 GCT 7 /9 CUAPAi rad ,46-erAR i C4 A2 G,3 '&`,S¢! 7 .5,6 APDlzax- L4C. GC Ott Cit 1 N (r revvt A if /1 of tiP t-16' 5 G�`ti / BEG/ �J N/NA.�'G.4R n/T A3' L %r -v Jf4.XCE S7/0/V6-A? .4.Q oE.Q ry G6.40' s"1 / .G15 70' o'0..S'kr /9.3.32' �dC /l 243 1 N 00. Adjoining 2393 02T Property to be Exempted Taxing Area 16Y 1t1 -MF NOTE= TE -KE -%I (Port o(l £states )11 2. Kings Row Sub. Der (Port oft J. Panorama Ranches 4 Ranch at the Roaring Fork (Port of) 5 Lions Ridge Estates rev. 0, 2485-042.00-00r-' Adjoining 2465 Total Fac Lana At T.11.1 F.l Lone As. T.I.1 hand (Wow) Ac Teta hand a T.P. M e40ve.14 ,aaa I14,11.1 111117 .Pelt 23� T.7 S.—I 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: 7 id RECEIVED FROM: FOR: /47 0 CASH l CHEC Lra- xyLC- c'n g