HomeMy WebLinkAbout2.0 Resolution 77-49•a
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RESOLUTION 4 11-49
WHEREAS, OREST GERBAZ, has petitioned the Board of County Commissioners
of Garfield County, Colorado, Colorado, for an exemption under 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, for the division of a 14.9 acre
tract into two (2) tracts of 7 and 7.9 acres each, more or less, and more
particularly described as follows:
That part of the NEgNE' of Section 27, Township 6 South,
Range 89 West of the Sixth Principal Meridian lying
Easterly of the Denver & Rio Grand Western Railroad
right-of-way, excepting therefrom the property conveyed
to one, E.R. Miller by Warranty Deed appearing of
record in the Office of the Garfield County Clerk and
Recorder as Document No. 172119, in Book 250 at Page
281, with easement appearing in Book 348 at Page 365.
Also excepting therefrom the property conveyed to the
Department of Highways, State of Colorado by Special
Warranty Deed appearing of record in the Office of
the Garfield County Clerk and Recorder as Document No.
221281, in Book 349 at Page 7.
WHEREAS, said exemption request would create a parcel of land which lies
in a rock fall hazard area, as identified on the County's Geologic Hazard
Maps, and further would contain significantly less usable ground than the
7.9 acres described above; and,
WHEREAS, said exemption request would create a parcel of land which would
entail significant difficulty in providing for individual sewage treatment
on lot due to slope and the presence of an irrigation ditch, and further
would contribute to an already dangerous intersection on State Highway #82;
and,
WHEREAS, Petitioner has not demonstrated to the satisfaction of the Board
that the requested division is in accordance with the general purposes and
intent of the Subdivision Regulations of the State of Colorado and the County
of Garfield and should therefore, not be exempted from the definition of the
terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973)
Section 30-28-101 (10) (a) - (d) as amended;
NOW THEREFORE, upon motion of' 1.Wgr 4-ysen seconded by
ta.y`�, 1/eI a �_. , and carried, said request for exemption is
hereby denied for the reasons that the 7.9 acre parcel created lies within an
identified rock fall hazard area, said parcel would contain significantly less
usable ground than the 7.9 acres described above, said parcel would create
significant difficulties in the provision of an individual sewage treatment
system and would further contribute to an already dangerous traffic intersection
to an already dangerous traffic intersection on State Highway #82. Said
14.9 acre tract of land may not be transferred in more than one (1) tract of
at least 14.9 acres, all as is more fully described above.
Dated this 72061fe7 day of June. A.D. 1977.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:,
Attest: ifetm ...._ 'Richard C. Jolley, Chairman
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f uty le`kofthe and //
of Cou ity Commission s,
Garfield County, Colorado
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