HomeMy WebLinkAbout3.0 Resolution 95-037ai •
478102 B-940 P-809 05/16/95 01:59P PG 1 OF 3 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on MflNnAY , the _ hof MAY A.D. 19 95 , there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 95-017
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ELMER-(BUCKY) ARBANEY.
WHEREAS, Elmer (Bucky) Arbaney petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and
"subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for
the division of a 2.93 acre tract as described in Book 342, Page 375, as filed in the Offices of the Clerk
and Recorder of Garfield County, Colorado, into two parcels of approximately 1.06 acres and 1.87
acres each, more or less, which proposed divided tracts are more practically described as follows:
Lot A : See Attached
Lot B : See Attached
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the
location of septic tanks will be permitted by the Colorado Department of Health, that the requested
division is not part of an existing or larger development and does not fall within the general purposes
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4.nd intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and
should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land"
as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended;
NOW THEREFORE, BE IT RESOLVED that the division of the above described lots "A"
and "B" from the above described 2.93 acre tract is hereby exempted from such definitions and said
tract may be divided into said lots "A" and "B" and may be conveyed in the form of such lots "A" and
"B", all as is more fully described above and that a copy of the instrument or instruments of
conveyance when recorded shall be filed with this Resolution.
Dated this 16th day of MAY , A.D. 19 95 .
ATTEST:
Cle of the Board
vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I. Smith
, Aye
Arnold L. Mackley , Aye
Elmer (Buckey) Arbaney , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
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GARFIELD COUNTY
Building and Planning
March 20, 1995
Elmer "Buckey" Arbaney
2585 Midland Avenue
Glenwood Springs, CO 81601
RE: SUBDIVISION EXEMPTION APPROVAL
On March 6th, 1995, the Garfield County Board of County Commissioners approved your
request for a subdivision exemption, based on the following conditions of approval:
1. All representations of the applicant, either stated within the application or stated at the
meeting before the Board, shall be considered conditions of approval.
2. A final exemption plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. The applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in school impact fees for the creation of each
exemption parcel prior to signing of an exemption plat.
5. That the following plat note shall appear on the Exemption Plat:
"Both parcels have been identified as having moderate development constraints
due to rockfall, corrosive soils, and hydrocompactive soils. At the time of
building permit, the applicant shall submit an engineering report, as well as
evidence, certified by a registered Colorado Registered Engineer, addressing the
need for rockfall mitigation. The Chief Building Official shall determine the
adequacy of the proposed mitigation."
6. Control of noxious weeds is the responsibility of the property owner.
109 8th Street, Suite 303
945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601
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Mr. Elmer "Buckey" Arbaney
March 20, 1995
Page 2
7. A letter from the Glenwood Springs Emergency Services Department shall be received
prior to the signing of an exemption plat.
If you have any questions, feel free to give me a call.
Dave Michaelson
Garfield County Planner
DHM/dhm