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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS 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 Mary E na11acher and Daniel Gallacher respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 4 acre tract of land into 4 tracts of approximately 1 acres 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: We wish to create 4 1 acre lots from the existing 4 acre parcel. 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 D. from the property owner(s) if other than the applicant; and 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. F. 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 than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $100.00 fee-ryust be submitted with the,.ap �licatior� 4: -.ma c ° w- �- / P -__22: -..:_40A -- Petitioner: Dan Gallacher Petitioner : Mar E. Gallacher 2 Linden Road Mailing Adress GlenwoQ11. Springs, CO City State 945-6176 Telephone Number • • 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 pat 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 o'f 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. • September 25, 1986 Board of County Commissioners Garfield County Honorable Dear Sirs: Please review our Petition for Exemption for our property located at 2 Linden Road bordering the City of Glenwood Springs. Currently there are three structures on the property and we wish to sell some of them off and retain our personal residence. We propose to divide our 4 acres into four separate one acre tracts. Access to the parcels will be off of Linden Road. Also water will be provided from the City of Glenwood via the existing water line in the Street. Electric also will be served by the City. Sewage disposal will be handled by county approved septic systems. Currently there are two septic tanks and only two more would be added. We feel that this subdivision will be adequately served by the existing and proposed improvements and will create no hardships or problems to intensive use of land or provision of utilities and sewers. Also this parcel is not part of a larger subdivision nor has ever been subdivided before as we have owned it and lived here for the last thirty-two years. This property as constituted will not interfere with the migratory habits of the local wildlife in the area i.e. elk and deer herds. Thank you very much for reviewing our petition fDr exemption. Sincerely, • September 25, 1986 Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Attn: Mr. Mark Bean Dear Mark: I have been contacted by Mr. Danny Gallacher in regard to his proposed subdivision exemption at 2 Linden Road, Glenwood Springs. Currently this property is being serviced by the City of Glenwood Springs via a 4 inch water main in Linden Road. I see no problem providing service to additional residences that could be created or built in the future on this property. Please contact me if you need any more information about this. Very s Yours evin 1 Kadlec City Engineer 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 303/945-2575 JAMES MASON, Chief JAMES BLANCO, Asst. Chief JACK JOmES, Asst. Chief MARTIN ZEMLOCK, Captain • • PATRICIA PAYNE, Secy. Treas. BOB SEATON, Lieut. DARRYL L. QUEEN, Lieut. Glenwood Springs ��° Department ��l���]���� Fire ���l����������� ]� �5 ]� Member of Colorado State Firemen's Association 806 Cooper GLENWOOD SPRINGS, COLORADO 81601 9-25-86 Garfield County Planning Department 109 8th Street Glenwood Springs, Co. 81601 Attention: Mr. Mark Bean Dear Mark, I have been contacted by Mr. Danny Gallacher in regard to a letter confirming his properties inclusion in our fire district. He has advised that the property in question is located at Number 2 , Linden Road, Glenwood Springs, Colorado. For the record, this property is within the boundries of the Glenwood Springs Rural Fire Protection District and is serviced by the same. If you should need any further information, please feel free to contact my office at 945-2575. Sincerely, .~~ #.92-3` �uames S. Mason, Chief Glenwood Springs Fire Department • • OWNERS WITHIN 200 FT. OF GALLACHER PROPERTY Floyd Diemoz 400 Pinyon Glenwood Springs, CO 81601 Sandker, Earnest and Martha 3977 Co. Raod 117 Glenwood Springs, CO 81601 Mar -Jon's Corporation Clayton and Mary Simmons 305 Laurel Street Glenwood Springs,CO 81601 M M Z Z,Ltd. Box 1201 Glenwood Springs, Co 81602 Mid Continent Coal and Coke Drawer 790 Glenwood Springs,CO 81602 Oasis Creek Land Company 214 8th Street Glenwood Springs,CO 81601 William Crouch 5000 S. Quebec Suite 445 Denver, CO 80237 James R Thomson Marie H Thomson Pine Shadows Box 942 Evergreen, CO 80439 aw 0 O 61 i { 0 11 d • s -r 1i 1 r7 6. 0 • 14 • O • S1S110NWMO1 $ r. • $r. i 0 -4 0 fi 0 V 0 I ott o.f y eon{ S � {S{{ („. 11.011 Recorded at.9 7 o'clock....A...M. Fehr-Llary...2i 19.5.7 Reception No 196$`52 Chas S. Keegan Recorder Boo 297 Pag 567 THIS DEED, Made this 2�i Gh day of in the year of our Lord one thousand nine hundred and `'' 1.:','-1 ' lr between -. i11�l1 of the County of C, n l ,11 and State of Colorado, of the first part, and D.1. ,.:.l JJ• ,2l1J ,). J.Jf,7 hilts s u .tw _ - \ r" r' 14,4 • I.. _ , J1 %ITEUS1A'IES" I%fLI(%tL 11E1 'AVE 99fi Two i .i..110\ frt TNI:\n ENT% i RECORDER'S STAMP of the County of Gar 1e111 and State of Colorado, of the second part: WITNESSETH, that the said part `r of the first part, for and in consideration of the sum of (..)nc dollar rt 1-1 . '_: M`''.,;i .1n" ir; 1',x1;1, <,. ''T i' i�:i^'Z - - DOLLARS, r to the said parts] of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha : granted, bargained, 'sold and conveyed, and by these presents do e 3 grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A.11 that part or n-:rtion of tlh3 ,;est Half of Loot One (1) of rection Nine (9), To'.mshi p Six (6) ro1_uth ^" '.range Eighty—nine (09) West of the sixth Princinal Meridian, lying northerly of the right of way for the Co tnty Road as now used end �..ti.tated and referred to in ')ocument No. 211.960 of the records of the office of the Clerk and Recorder of Garfield County, Colorado, 72XC ')TI?1G, however., the cem— ent reservoir siti'.ato on the West I;,1 (W.;) of Lot One (1), Secti^n Nine (9), Township "ix (6) South, :',rings flighty—nine (89) West of the Sixth Principal Meridian, on the 'North side of the right of way of the County Road, and all water pip, s connected therewith, as the same aro now situated and used. 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 'he estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or iquity, 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 . :aid parties of the second part, the survivor of thein, their assigns, and the heirs and assigns of such survivor, forever, And the said part y of the first part, for h e r sel f ,her heirs, executors, and administrators .lo es covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, (heir assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these ]resents, s he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible :state of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, aell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other rants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, 1 1NNa :MENTAltl' • elt r • -'1.Lz7? lr ,� 1 j 1 NITER STATES ItLIENT; 1,INIEIMAL 9 11 Tw'e T)1lI. A wS __ TK L \Tl EVI % and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the luryivor 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 y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ;,r of the first part ha 3 hereunto • er hand and seal the day and year first above written. )) /.- l' Z�/ 1...�. ..... ...._[SEAL].. Signed, Sealed and Delivered in the Presence of • ATE OF COLORADO, county of Garfield trument was acknowledged before me this l7th :by 1.1,111Y E. R11:2:: expires July 21, , 19 57. Witness my hand SS. S•NFal. 5.AP,r4;sse [SEAL] [SEAL] day of October and official seal Public. No. 921. WARRANTY DEED.—To Joint Tenanta. Bradford -Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1824-48 Stout St., Denver, Colo. • elf by natural person or persons here insert name or names ; If by person acting In representative or official capacity or as attorney-ln-fact, then Insert name of person as executor attorney-in-fact or other capacity or description ; if by officer of cor- poration then insert name of such officer or officers, as the president or other officers of such corporation, naming it.—Statutory Acknowledgment, Oolorado Statutes Annotated.—Ch. 40, Sec. 107.