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HomeMy WebLinkAbout1.0 Application• --1 ' I . BEFORE THE BOARD OF COU NTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTIOM 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, Sections 1.02.17(d) and 3.02.01, the under- signed respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution a portion of NEtNEt, Section 10~ Township 8 South, Range 96 West of the Sixth Principal Meridian, containing approximately 15 acres, more fully hereinafter described (Exhibits Band C), from the definitions of 11 Subdivision 11 and "Subdivision land 11 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 reasons stated below: Please refer to the following marked attachments: a. Exhibit A -Location Map b. Exhibit B -Specific Location Map c. Exhibit C -Survey Plat All of the NEtNEt, Section 10 along with other surrounding property totalling 250 acres as noted by Areas 1, 2, and 3 shown in Exhibit Bare presently owned by Orland Lindauer. Area · 1, the tract the petitioner is · j. requesting be exempt (Exhibits A, B, and C), is rugged, cedar and sagebrush I I I I covered, unimproved property encircled by natural and developed boundaries. Area 2 (Exhibit B) forms the northern boundary of Area 1. This unimproved property of rugged terrain is not for sale as Mr. Lindauer is reserving this portion for his son's use. Area 3 (Exhibit B) forming the western boundary I I · 1 "of Area 1 is a 220 acre tract consisting of 100 acres of irrigated agricultural i j land and the remainder cedar and sagebrush terrain. In summ ary, the tract :I presently under option contract by the petitioner, is bounded on the north I I side I and on the west side by agriculturally developed land whose extension toward the tract is very unlike ly due to the crest of a steep rid ge. The petitioner wishes the Co un ty Commissioners to take into account the following reasons in co nside ration for cause in granting exemption: 1) The property is nonagricultural. At most mayb e 2 or 3 acres on its easterl edge could ever be developed, not to mention the problems with getting water to the area due to the rugged terrain. As a result, nothing is or would ever be taken from agriculture. 2) The property can be co ns idered nongrazable. Presently the tract is not being used for grazing due to the cedar and sagebrush ground cover, lack of wate r, and rugged terrain. As a result, nothing is taken from ranching. 3) The tract forming the northern boundary of the property is not for sale as the owner is reserving it for his son's use. 4) The property has been sized to a 15 acre tract in order to comply with the above mentioned articles, and n?tural and developed boundaries (Exhibit C). I 5) Since there is a utility line that crosses the property and an underground telephone line along the bordering county road, the impact on the environ- ment caused by the necessary installation of these item s have already been eliminated. i · 6) County Road #306 borders the easterly edge of the tract allowing access without complication. 7) Application for a well permit has been made for the · property as of August 19, 1978, for domestic and garden purposes. No problems are anticipated in obtaining a permit for a sewage dispos al system. I 8) The ru gge d terrain of the tract allows a building site that would be ·I difficult to be seen from the county road thereby preserving the present aesthetic surroundings. 9) The location of the tract, not to mention the entire surrounding area, is addition of another family in the area would be minimal. The petitioner requests that the County Cormnissioners find that the division of Area 1 from the balance of NEt~TEt , Section 10 is a division not within the scope or purposes of law and regulations governing planning and subdivisions, and as a result of such finding, grant the exemption as requested herein. Submitted in Glenwood Springs, Colorado, this twelve day of September, 1978. Fred J. Koster, titioner F J9K . · · · ,~ .. \ ',~ . .......____,_ . ·-~ . - \ \~ . . ~X H \BIT A .,_LV5100 ~~. 8 'tc~-~- . ·. \ ~ . . ttX H\B\T B .. T 8 S.) R. ':J~ W OF THE PM~ AREA 1 The parcel of undeveloped land the petitioner is requesting be exempt. Said parcel of land is situated in the County of Garfield, Colorado, fully described as follows: The South Fifteen (15) acres of the East Thirty (30) acres of the NEtNEt of Section 10, Township 8 South, Range 96 West, of the Sixth Principal Merdian . Tract contains 15 acres, more or less. AREA 2 A 15 acre tract of undeveloped sagebrush terrain, not for sale as the owner is reserving it for his son . Area 3 A tract of land containing 220 acres, 100 of which is agricult- urally developed. A irrigation ditch edges its east boundry along with the crest of a cedar ridge. NOTE Areas 1,· 2, and 3 are all presently owned by Orland Lindauer. .,·. Q -....J , ..... ,.!f : .... ,Q .!:. /:!! ·. ~. \I " ' '· !Jl'.·. :_. ': \ -.: 1~ . ~ ~:> '. ·: .. JJ . .'-. I I .:·:... IRR \~6..TE:. i AREA 2. :·ADE. A 3 DlTC.H e..-p-1 I : ... K... M · . FIELD ED;; E. r-1 -.---..--,-,~--.--.---~--1 I . 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(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 under- signed ----------------------------- respectfully petitions the Board of County Co mmissioners of Garfield County, Colorado, to exempt by resolution the division of ·z5; 0 acre tract of --land into ----'~--trac y of approximately ____ \_~ ______ acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description -attach separate sheet if additional space is required) ?~ <S tTOAtlE):? It-{--~~\ 6--6,~Eti ~. Tk\E ~t=t Fir-1EELl ~s fr Ttl- f°;NSi:= Jl-HiLt2r .AillLJFS ~l:d-E tit.;£+ N.~<DE='iRI:CiO-( I01TQp)lf.8d-1PB~KM I ~F-~~.CFbTt+'t?H.. from the definitions of 11 subdivision 11 and 11 subdivision land 11 as the terris are used and defined in C.R.S. (1973) Section 30-28-101 (a) -(d) and the Garfield County Subdivision Regulations, for the reasons stated below: ~ \S N.ot-=t¢-.8KdQc:CL~rf'.L-f ~?A5E ­ ~ ~ (5\\LIT1ES ~ ~ -O~L[ ~­ \luocr-1S ~© ~ f ~u~ ~-TC>~~ m~1ES -~f_,4 l9Dd:O ~ F'WE~TTE-_ In support of this petition the petitioner also s ubmits the followin~: (a) Map drawn to scale showinq prop osed lot subdivision and access. (b) Vicinity Map. (c) Statement on source of domestic water. (d) Statement on method of sewage disposal. (e) 100 year floodplain information where live stream crosses or adjoins 5.aid tract. ( f) Fee in the amount of $ 05 oc..:::> ~~-------- Garfield County Planning Department 2014 Blake Avenue Glenwood Sprin gs , Colorado 81635 Gentlemen: P .O. Box #7 Grand Valley, Colorado 81 6 35 July 27th, 1979 Back in January , 1979 I received f rom your office the attached corrected Resolution which s uppose to have had the le gal description corrected. Several days after receiving the corrected Resolution I wrote your office explaining that the legal description was still not correct! To dated I have not received notice of correction or a revised Resol ution . Corrections should be made as follows: 1 ) The legal description now reads Ran ge 93 West . It should read Ran ge 2£ West . The Petition for Exemption will verify this . 2) If the legal description you show is suppose to desctibe tract 11 B11 , the tract I wi s h to divide from the 250 acre piece, thenthe last phrase before the legal description which now reads 11 and said 250 acre tract 11 should read 11 and said .!.2. acre tract 11 • Now, if you are really tryin g to describe the entire 250 acre tract as quoted in the phrase 11 and said 250 acre tract", then the le gal description that follows is complelely wron g since it describes the the 15 acre piece! Hope we can get this straigh tened out as I have found in the passed that if technical descrepancies such as t his are let go I usually causes very complicated le gal problems in the future . Hope to be hearin g from you in the near future concerning correction of the Resol ution . Sincerely , ~rm Fred Koster . ' e GARFIELD COUNTY e PLANNING DEPARTMENT G LE NWOOD SPRINGS, COLORADO Bl 601 2 0 1 4 8 LAKE AVE N U E January 11, 1979 Mr . Fred J . Koster 0655 -338 Road Gran d Valley , Colorado 8 1 635 Dear Mr . Koster : There was an error made in the typed legal description of your property on Resolution 78-106 . Enclosed please find corrected Resolution . hr Enc . Sincerely , ' '/ . I I ---lij ' A~fJ.:j r \ crl'-2 ~-s Hope Roberts Secretary Planning Department PHONE 9 45-8212 ) :· .• ::..R Planning Department Hope Roberts 2014 Blake Avenue Elenwood Springs, Colorado 81610 Hope Roberts: PO. Box #7, 127 Hill Court Grand Valley, Colorado 81635 January 12, 1979 Received the Revised or should I say corrected copy og Resolution 78-106 regarding my property exemption. Hate to say it but the description of the property is still not correct. The Range should be 11 Range 96 West 11 not 11 Range 93 West 11 • You can check this from either my orginal petition or the Warranty Deed now on file with the County Clerk. Sorry to cause more problem, but thought you'd like to know. ::::.1~r;·i~ ~,Koster P.O. Box #7 127 Hill Court Grand Valley, Colorado 81635 January ?th , 1979 Garfield County Planning Department 2014 Blake Avenue Glenwood Springs , Colorado 81601 Gentlemen: Received a copy of Resolution No. 78-106 whereas the Board of County Commissioners has granted my petition for the exemption of a 15 acre parcel from a 250 acre tract for resale . I am writing to inform you that the instrument of conveyance , a Warranty Deed , was recorded with the Garfield County Clerk on November 20 , 1978 , at 9 :48 AM, in Book 519 , Page 202 . Thought you'd like to know inorder to have a copy of it filed with the resolution as requested in the last paragraph of the resolution . Since rel~ ~Koster Mr. Fred J. Koster 0655 -338 Road January 11, 1979 Grand Valley, Colorado 81635 Dear Mr. Koster : There was an error made in the typed legal description of your property on Resolution 78-106. Enclosed please find corrected Resolution. hr Enc. Sincerely, Hope Roberts Secretary Planning Department c ~-· -:. .... , •• ~·· J . : -r~·"" ~ .. ' .· ·'\:~~'. . ): ,,.,.__->. :.-.-··.".···· .. -_..,.._ ...:;-. ".: ... , • ~·~, ;....:r'~ ·~ .• 'Oil'· (~ .--: .... ~ :*~~,,::~' . ~ .~ ... :; _.;. ,.. ;. RICHARD D. LAMM Governor C .J. KUIPER State Enginee r DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street -Room 818 Denver, Co lorado 80203 Administrati on (303) 839-3581 Ground Water (303) 839-3587 D r..;~:-01: 'Jr;JQ~ « L' ~ > • l ·, ' O ' · . ·• . · r _' 1 " 1" OCT 16 1978 :1 ji I L -____ _,1 October 16, 1978 Ms. Stephanie L. Andreasen Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Andreasen: Re: Koster Exemption , . ., .. ,., .... J. ; L!.r-i rl ER We have reviewed the above referenced application for an exemption from subdivision regulations. Since only one additional lot less than 35 acres will be created, we feel that a permit for a household use only well could be issued for the 15-acre parcel and we would recommend approval of the Koster Exemption. If irrigation is desirable, the newly created parcel must be greater than 35 acres in area so that the owner could obtain a permit for an exempt domestic well which would be allowed to irrigate up to one acre of lawn or garden. Should you have any questions concerning this matter, please feel free to contact this office . JAD/GDV:mvf cc: Lee Enewold, Div . Eng. Ralph Stallman . Jeris A. Danielson _ __,.~puty State Engineer