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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY BUILDING AND PLANNING October 10, 1994 Bob Arnold 2542 Emma Road Basalt, Colorado 81621 Dear Bob: After reviewing your request to have staff administratively approve six (6) lots on your 11.761 parcel, it is not possible for staff to administratively approve an additional lot and a variance to the minimum lot size of two acres in the A/R/RD zone district. You do have options available to you that I will discuss in the subsequent portions of this letter. Enclosed with this letter is a letter from Dan Kerst to Don DeFord and me, that recognizes that you can create five lots on your 11.761 acre tract by merely filing an amended plat for signature by the Board of County Commissioners. This recognizes the lot created as a result of the State Highway 82 relocation and the parcels created by exemption in Resolutions 81-383 and 82-57. This is the easiest option available to you. To create six lots, with some less than two acres, it would be necessary to rezone the property to a zone district that allows lots less than two acres in size and to go through the full subdivision review process to create a sixth lot. While it appears that you would probably get a favorable decision on this type of request, it also is more time consuming and costly than what you had in mind. For me or the Board of County Commissioners or Planning Commission to approve a sixth lot without going through the required processes is very simple• not legal. The only entity that could approve your request is the Board of County Commissioners and then only after following the requirements of the laws they swore to enforce when they took office. If you would like to proceed with either of the options noted in this letter, I will be available to assist you in completing the option you choose. Sincerely, Mark L. Bean, Director Building and Planning M LB/sa Enclosure 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 SCHENK, KERST & DEWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING 302 EIGHTH STREET, SUrrE 310 GLENWOOD SPRINGS, COLORADO 81601 JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III Mr. Donald DeFord Garfield County Attorney 100 8th Street Glenwood Springs, CO 81601 Mr. Mark Bean Garfield County Planner 100 8th Street Glenwood Springs, CO 81601 TELEPHONE: (303) 945-2447 TELECOPIER: (303) 945-2977 November 20, 1992 Re: Arnold Exemption Amendment Dear Gentlemen: COUN ; Y Pursuant to our conference of this date I would confirm that the Arnolds will proceed to submit an Application for an Amendment of the Subdivision Exemptions approved by Resolutions 81-383 and 82-57 and to confirm the establishment of a new lot by virtue of the condemnation of a right-of-way for new Highway 82 across the Arnolds' property. I have advised the Arnolds to proceed on the following basis: (1) An application to amend the Subdivision Exemptions granted by Resolutions 81- 383 and 82-57 would be filed requesting that Lot 4 as it currently exists (as depicted on the enclosed drawing to which 1 will make reference in this letter) he relocated to the north side of the new Highway 82 right-of-way to establish a relocated Lot 4 containing five (5) acres more or less. (2) The Amended Exemption Plat should depict existing Lots 1, 2 and 3 on the south side of the new Highway 82 right-of-way reconfigured to assure that each Lot contains at least two (2) acres and has adequate access. (3) The remaining area located on the south side of the new Highway 82 right-of-way and not included within Lots 1, 2 and 3 will be an Outlot created by virtue of the new highway right-of-way as condemned. This Lot should be depicted as an "outlot" on the Exemption Plat. (4) The area north and northwesterly of relocated Lot 4 would also be depicted as an Outlot. I understand that the location of the sixty -foot access easement along the northerly and northwesterly boundary of the relocated Lot 4 may dictate that the actual acreage in the relocated Lot 4 may be between 4.5 and 5 acres. In the process of amending the prior Subdivision Exemption, the application will have to address those items set forth under Section 8:42 of the Subdivision Regulations. (5) Let me know if I have not correctly summarized the procedure which we discussed in our meeting. DK/bck Enclosures cc: Mr. and Mrs. Robert Arnold SCHENK, KERST & deWINTER, P.C. ATTORNEYS AT LAW SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III June 5, 1996 Mark L. Bean, Director Garfield County Building and Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Arnold Lots Dear Mark: GARFIELD O XIIITrY Pursuant to our telephone conference, I enclose a proposed lot boundary adjustment map reflecting the five lots on the Arnold "Island" property located between the old and new Highway 82 Rights-of-way. It is my understanding that you will review this matter and advise me what, if anything, must be done for Arnold to proceed to convey these lots. DK/pd Enclosure: Proposed lot boundary adjustment map H:\DK\ARNOID\HFA N. Lilt 60' ACCESS EASEMENT PROPOSED PROPERTY UNE ROBERT & GLORIA ARNOLD P FPTy