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HomeMy WebLinkAbout2.0 Staff Report BOCC 11.14.18REQUEST: BOCC 11/14/88 PROJECT INFORMATION AND STAFF COMMENTS Exemption from the definition of Subdivision APPLICANTS: Patrick and Bonnie Hayes LOCATION: WATER: SEWER: ACCESS: A tract of land located in Section 4, T6S, R91W; more practically described as a tract of land located approximately 2 miles west of New Castle off of County Road 214. Individual wells Individual sewage disposal system Off of County Road 214 EXISTING ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The tract of land is located in District C, Rural Areas, Minor Environmental Concerns. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site consists of 39.21 acres, with terrain going from gentle slopes to steep hill sides with slopes in excess of 25%. The tract presently has two (2) single family dwellings, two (2) mobile homes, and a guest house. B. Project Description: It is proposed to split the 39.21 acre parcel into four (4) parcels of approximately 30 acres, 2 acres, 2 acres and 5 acres. It is proposed to use two wells for domestic water. One of the wells is restricted to a single family dwelling. The other permit is valid for use by three dwelling units. The existing dwelling units would be served by individual sewage disposal systems. The one additional lot would have an individual sewage disposal system. The two smaller lots and the 5 acre lot would utilize a common driveway off of C. R. 214. The 30 acre lot with an existing house would utilize a separate driveway. C. History: In 1980, by Resolution No. 80-17, a 39.43 acre tract was split into three tracts of 36.2, 3.01 and 0.22 acres each. The 0.22 acre parcel was created to resolve a boundary dispute and the 3.01 acre parcel will be vacated in lieu of the present proposed split. III.MAJOR ISSUES AND CONCERNS 1. The previous landowners have indicated that the property had one house, a bunk house without water and mobile home at the time the property was sold to the Hayes in 1979. Based on this information, one of the mobile homes is not legal and the unit termed a "guest house" was only a bunk house for ranch employees. One of the mobile homes will have to be removed from the property and a plat note indicating that the two acre lot with the mobile home is allowed to have a single mobile home. The other two acre parcel with the house needs to have a statement in writing clarifying that the "guest/bunk house" is not for residential occupancy and is not a rental unit. Or the applicant needs to increase the lot to three acres and obtain a Special Use permit for a guest house. -3- 2. The above noted employee housing presents a problem if it is intended to be used on a year around basis, as far as the proposed shared well permit is concerned. The house, mobile home and guest/bunk house would constitute three dwelling units, which is the maximum allowed by the well permit. Either an additional well permit needs to be obtained or the present well permit needs to be modified to include a guest/bunk house. 3. The well to be used for three dwellings needs to be legally described on the exemption plat by an access and repair easement at least 10 ft. wide around the well and along the water lines to the appropriate parcel boundary. Additionally, the exemption plat should include a plat note stating that the parcels sharing the well are each responsible for one-third of the well maintenance and repair costs and have a one-third interest in the water rights associated with the well. 4. Based on Soil Conservation Service information, the area proposed for a building site on the five (5) acre parcel may be subject to severe soils constraints for individual sewage disposal systems and residential dwelling unit s . 5. The creation of the four proposed lots would be the maximum allowed by Subdivision Exemption, in accordance with Section 8.52(A) of the Subdivision Regulations. IV . SUGGESTED FINDINGS 1 . That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V . RECOMMENDATION APPROVAL, with the following conditions: 1. That the following plat notes be included on the recorded Exemption Plat: a) No further divisions by exemption from the definition of subdivision will be allowed. b) The five (5) acre lot may be required to have an engineered foundation and/or septic system. c) That the lots utilizing the existing domestic well No. 151043-A shall have an equal interest in the water rights and the same proportionate responsibility for maintenance and repair. d) That the two (2) acre lot may have one mobile home on the property as a non-conforming use. -~- 2. That the exemption plat include an easement around the existing well No. 151043-A at least 10 ft. square and access and repair easements for water lines to the appropriate adjacent lots, at least 10 ft. wide. 3. That prior to signing the exemption plat, one mobile home be removed from the two acre parcel with two mobile homes presently. 4. That the guest/bunk house either be properly permitted or that a statement be made in writing by the property owner that the guest house will not be used for residential occupancy. -f--