HomeMy WebLinkAbout4.0 Director's Decision 07.19.2010July 19, 2010
Kelly Cave, Esq.
Dan Kerst, P.C.
823 Blake Avenue, Suite 202
Glenwood Springs, CO
DIRECTOR DETERMINATION
BUILDING & PLANNING DEPARTMENT
Request for a Minor Exemption pursuant to Article V, Divisions IV and V of the Unified
Land Use Code of 2008 for parcel #2447-121-00-045, Garfield County File Number
MIEA 5309
Dear Ms. Cave
This letter is provided to you as the representative for the Applicant(s) of a 40 acre parcel
of land located southwest of Parachute on County Road 306. Your request for a Minor
Exemption to allow for a two -lot subdivision on the subject parcel has been reviewed and
a Director Determination is issued approving the Application subject to the following
conditions:
1. The Applicant shall include the following text as plat notes on the exemption
plat:
a. Control of noxious weeds is the responsibility of the property owner.
b. No open hearth solid fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid fuel burning stove as defined by C.R.S. 25-
7-401, et. seq., and the regulations promulgated thereunder, will be
allowed in any dwelling unit. All dwelling units will be allowed an
unrestricted number of natural gas burning stoves and appliances.
c. All exterior lighting shall be the minimum amount necessary and that all
exterior lighting be directed inward and downward, towards the interior
of the subdivision exemption, except that provisions may be made to allow
for safety lighting that goes beyond the property boundaries.
d Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the
activities, sights, sounds and smells of Garfield County's agricultural
operations as a normal and necessary aspect of living in a County with a
strong rural character and a healthy ranching sector. Those with an
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
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urban sensitivity may perceive such activities, sights, sounds and smells
only as inconvenience, eyesore, noise and odor. However, State law and
County policy provide that ranching, farming or other agricultural
activities and operations within Garfield County shall not be considered to
be nuisances so long as operated in conformance with the law and in a
non -negligent manner. Therefore, all must be prepared to encounter
noises, odor, lights, mud, dust, smoke chemicals, machinery on public
roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides, and pesticides, any one or more of which may
naturally occur as a part of a legal and non -negligent agricultural
operations.
e. All owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance offences
and irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of
using and maintaining property. Residents and landowners are
encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source
for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in
Garfield County.
f Addresses are to be posted where the driveway intersects the County road.
If a shared driveway is used, the address for each home should be posted
to clearly identify each address. Letters are to be a minimum of 4 inches in
height, 1/2 inch in width and contracts with background color.
Combustible materials should be thinned from around structures so as to
provide a defensible space in the event of a wild land fire; and
h. Prior to issuance of a building and septic permits, a site specific soils,
percolation, and foundation investigation shall be conducted.
2. The Minor Exemption Plat shall describe all necessary easements for
provision of utilities and public roads.
3. Prior to the signing of the plat the Applicant shall provide County Staff a legal
well sharing declaration/agreement which discusses all easements and cost
associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made for these
costs.
g.
4. The Applicant shall complete the Well Construction Report for well permit
number 279469 which expires on December 12, 2010, prior to the recording
of the Minor Exemption Plat and submit a copy of the Well Construction
Report to County Staff.
5. The property is located in School District Garfield 16. As such, the Applicant
shall be required to pay a $200 fee in -lieu of School Land Dedication for the
additional lot created. This fee shall be paid prior to the signing of the Minor
Exemption Plat by check made out to the Garfield County Treasurer.
6. The Applicant shall install MUTCD approved stop sign prior to issuance of a
Certificate of Occupancy for any new residence or other construction.
The owner or adjacent property owners may request reconsideration of this
determination within 10 days. The Board of County Commissioners may call-up the
application for review within 10 calendar days, the timeframe commencing from the
date of determination. The Exemption Plat will be scheduled for Board of County
Commissioner signature upon expiration of that time period if no request for
further consideration is received. Should you desire to request further
consideration please contact the Building and Planning Department at (970) 945-
8212.
Sincerely,
Fred Jarman, AICP
Director of Building and'\ anning
CC: File