The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 08.18.1992?rzo BOCC 8tr8l92 PROJECT INFORMATION AND STAFF COMMENTS REQUEST:An exemption from the definition of subdivision APPLICANT:Carolyn and Jake Haas LOCATION:A parcel located in the SW l/4 of Section 5, T65, R92W, located on County Road 216 northwest of Silt. SITE DATA:The site consists of approximately 105 acres. WATER:Proposed two domestic wells. SEWER:I.S.D.S ACCESS:Access directly off of County Road 216 (Antonelli Lane) EXISTING ZONING:A/WRD ADJACENT ZONING:A/R/RD L RELATIONSHIP TO THE COMPREHENSTVE PLAN The site is located in District C, Rural Areas with Minor Environmental Constraints as identifred on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A Site Description: The applicants total property is approximately 105 acres in size, and includes land north of County Road 216 (Antonelli Lane). The applicants are only depicted the split south of County Road 216, which is approximately 55.46 acres in size. The 55.46 acre portion of the property is currently used for agricultural purposes. An existing dwelling unit is located on the proposed 4.9 acre exemption parcel. The proposed 50.534 acre parcel is undeveloped, gently rolling ranchland. No residential structures are located on this proposed parcel. st.,{ tf The northern portion of the property, approximately tt{ acres in size, is also ao 1 +..c *L-r"1 Sonsres o used for agricultural purposes. A farmhouse, served by an additional well, is located on this portion of the property. This well predates the statutory scheme for perrritting by the State of Colorado. The existing residence, located on the proposed 4.926 acre exemption parcel, is currently served by a well that is permitted for both domestic and livestock use. A copy of this permit was submitted with the application. In addition, the applicants irrigate the existing residence using water pumped from the lower Cactus Valley Ditch Company pursuant to shares of stock of the Grand River Ditch Company owned by the applicants. The existing residence has been served continuously since its construction with a septic tank and leach freld. A vicinity map is attached as Exhibit 1, on page 4. Proiect Descrintion: The applicants are proposing to divide the subject property into two (2) parcels of approximately 101 and 4.926 acres in size. For convenience, the applicants have only indicated the 55.46 acres located south of County Road 216. Itreality, the legal parcels created through this exemption would be 4.926 and approximately l0l acres in size. The exemption is requested in order that the applicants may sell their farm/ranch while retaining the home and its supporting yard and garden. A letter fromthe applicants attorney, dated July 6, 7992, is attached as Exhibit 2, on page 5. Exhibit 3 ("Attachment to Petition for Exemption") which addresses issues such as water supply and fire protection, is attached on pages 6-8. III. MAJOR ISSITES AI\[D CONCERNS 1 Section 8: 10 (Applicability - Exemptions) states that the Board has discretionary authority to except a division of land from the definition of a subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The Board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, flre protection, adequate easements, and school impact fees. 2.Section 8:10 states that the Board may approve a total of four (4) lots, parcels, interests, or dwelling units, as that parcel was described in the records of the Garlreld County Clerk and Recorders ofhce on January l, 1973. The applicants have owned the parent parcel, in its original configuration, since 1965. There have been not divisions ofthe property since this time. Therefore, up to four (4) parcels could be created through the exemption process. Assuming the Board approves this request, a total of two (2) additional parcels could legally be created through the exemption process. This does not preclude further subdivision via the full subdivision review process mandated by C.R.S. 30-28- 133 and the County Subdivision Regulations. The applicants are proposing to provide water to the additionat parcel from a domestic well. No formal well permit applications have been submitted to the Division of water Resources. However, it appear likely that the applicants could legally obtain a well pennit due to the total parcel size of 105 acres. Under current State Law, this would allow for three wells under the 35 acre criterion. This appears to meet the County's requirement for evidence of a B. 3 2 oo domestic water supply for each lot created. Sewer service will be provided by I.S.D.S. Only Moderate sell limitations are indicated by the SCS soils information. Suff,rcient access for both the north and the south side of the larger exemption is possible from County Road 216. Adriveway permit will be required if and when an additional dwelling unit is proposed on the larger exemption parcel. It does not appear that additional easements will be necessary to provide access to either the north or south portion of the larger parcel. The Silt-New Castle Fire Protection District has reviewed the project, and has indicated that District both provides service and has no concern with the sale or division of the property. A response letter from the District is attached as Exhibit 4, on page 9. tV. SUGGESTED FINDINGS 5 4. 6. I That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. Thatthemeeting before the Board of County Commissioners wasextensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard atthat meeting. 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, subject to the following conditions: That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. That the applicant shall have 120 days complete the required conditions of approval. Extension of 120 days may be granted by the Board for a period of one (1) year. The applicant shall submit $200.00 in School tmpact Fees, prior to the signing of an exemption plat. All existing easements shall be depicted on the exemption plat. t parcel, 2. 3 I 2. 3 4 5 3 The and plat of Road 216. the proposed ?**r,rr I Vtt tstrr( Mlr o .ri#*'i'r'i{ir''! aii"-'' .. .....,-*nhrSirnilF. t I 2_ /_ ^-:) li r'i a 4 ,;l I 6 I' t40 -- ,1. //, .J,,! i' E A- 3 L J )t^Y4' ;I rl t. z' L* A \. :\ a-t?. .__t_; :-u-l' t.t1srao -a \t 6f \ VICINITY MAP SCALE: t'=2OOO' _L{ fm'lHlkroer"\oSTUVER & GEORGE, P.C. ATTORNEYS AT LAW I2O l,vEST THIRD STREET P. O. BoX 907 RIFLE, COLORADO 81650 JuIy 6, L992 TELEPHoNE 303 - 625-t487 FAX 303 - 625-4448THOMAS W. STUVER RUSSELL GEORGE Andrew C. McGregor Garfield CountY RegulatorY Offices 1-09 Eighth Street, Glenwood SPrings, and PersonnelSuite 303 co 8l-6 01 GAPFIELD COUNTY Dear Mr. McGregor: Re: Haas Subdivision ExemPtion This letter is written in response to yours of June L7, ]-992'.Enclosed please f ind a packet of ^aata thal we received from the SoiI Conservation Servlce that identifies the subject property and prorrides evidence of soil types."a "n"t"-&Lristics of eacn type' We vrould like to have this information returned to us when you are finished with it and have made copies of anything that you wislr to keep in the file' ?he remaining 50 acre parcel is actually slightl-y 1-g"I__:han ^l-00acres. We did not iaentify the total parcel "11y for convenl-ence because the total farm is spiit by a county road. Th9 total farm does have a farmhouse on the north side of the -county ro.1q which has a well that has been in service for many years. Its drilling at'q start-up predates the statutory ="t"rL i"i'.p6t.itting,- acc.ordingly there is no permit number or other documentat{on to provide to you on this well' Total property consists of -ippi"ximately 105 acres' This would a1low for three wells under the one well p.t iS acre criterion' We believe this should satisfy aII i"qrrit"."it= and concerns with Frespect to sources of domestic water. we have spoken to Mike Morgan of the Rifle Fire Protection District' He wiII coordinate with tnd sirt Fire chief to provide a joint letter to you. The boundary between the two districti is Miller Lane which fronts on this ProPertY. Enclosed is a legible coPY of parcels. If you need anYthing further, the Iegal description for the subject please let me know as soon as possible' Sincerely Yours, R&GEO P.C sell Geo RG: jm Enclosures JUL I 0 1992 s o Ert,r p,r 3 ATTACHMENT TO PETITION FOR EXEMPTION OF CAROLINE HAAS AND JAKE HAAS A. PIat submitted herewith. Quadrangle map submitted herewith. Copy of the Warranty Deed submitted herewith. Names and addresses of owners of record of landadjoining property as follows: Donald Louis and Ethel D. Klausner 0608 Miller Lane (County Road 227)Rif1e, CO 8L650 Carolyn A. Silvius 0275 County Road 227Rifle, UCO 8l-650 Doreen Kay Fender 273 County Road 227Rifle, CO 8l-650 Edmund and Doris Chelewski OO97 Miller Lane (County Road 2271Rifle, CO 81650 Richard J. Murr37659Hwy6&24 New Castle, CO 8L647 Steve and Kathryn A. LorenP. O. Box 335silt, co 8L652 Jean McCune 0382 Miller Lane (County Road 227) Rif Ie, CO 81-650 John Loyd and Jackie Loyd Carr O2OB 227 RoadRifle, CO 8l-650 Stuart Dykstra 31-053Hwy6&24Rif1e, CO 8l-550 l_ o B c D immediately ^L- o o DaIe and Julie Nesbit 227 East Third StreetRif1e, CO 8L650 PauI H. Bertha M. Lindstrom 2026 Road 245 New Castle, CO 8L647 Lorrie V. Bennett 0250 L27 Road Glenwood Springs, CO 8 L601- SolowitzRaymond and Bette H. 6607 West 82nd Street Los Angeles, CA 90045 Benjamin F. and Jennie E. HodgesAttention: Mona Koper 37oB 2L4 Road silt, co 8l-652 John M. and Margaret E. Corcoran 0586 County Road 21"6 Rifle, CO 81"650 Edward J. and Donna F. Tas1er 46L29Hwy6&24 Glenwood Springs, CO 8l-601- Robert G. and Heidi Wilson 0050 County Road 21-6 Rif1e, CO 81650 Mark A. and Cheryl Ann Fischer 247 County Road 237silt, co 8t-652 Jack and Alice Degerlia 0607 216 RoadRifle, Co 81650 E. There has been no soil conservation analysis work done on this property in recent years, though the buitding permit obtained L2 years ago may well have this information as necessary to establish drainage for the septic tank, leach fie1d, foundation, etc. The Applicantsr residence is located on the smal1 parcel. A domestic well has adequately served this residence since its construction L2 years ago. A copy of the weII permit is attached to the application. The yard and garden area of the residence is irrigated by water pumped from the Lower Cactus 2 r -1 - oo G. H Valley Ditch pursuant to shares of stock of the Grand RiverDitch company owned by the Appricants. No other residencesare located on the large parcel, nor are any anticipated aspart of this exemption. The existing residence has beenserved continuously since its construction with a septic tankand reach fierd. No modifications or alterations of thisworking system are anticipated or necessary. Applicants donot berieve that a retter of approvar of a fire protectionpran is necessary since this is an existing residence and hasbeen incruded in the fire protection district since itsconstruction. No connection to a community or municipar water or sewersystem is anticipated or necessary. This exemption j-s requested in order that Appricants may serltheir farrn/ranch while retaining their home aha its supportingyard and garden acreage. Applicants have owned the entire property since igll{ and have made no divisions of the property during that t-Ifre. The Applicantsr check in the amount of g30o is submitted withthis application. 3 r J ^B^ o E.ru.$tt "t I Silt-New Castle Volunteer F.P.f). Box 236 silr, co 81652 EFCE/YED JUL2 g tgga lloard Res Talbott-Cbairmsrl William Montovcr Sean Mcllo Cary Scbroedcr Gordon Wiukc Don Zordcl - Chicf Stu Ceris! - Assisl Chicf Russel I George Attorney at Law Rifle, Colorado Date: 1-lB-92 re: Jake Haas ProPertY Mr. George: Recently, I was contacted by the Rif le Fire lularshal l ' Mike Morgan, i n reference to the Haas property I ocated near the junction of Miller Lane and Antonelli Lane. As I understand it, this property is approximately 1O4 acres and your cl ient, Mr' Haas, is wisiring to split a loo acre parcel off and sell it' while retaining the "**rining 4 acres for personal use. The 1OO acre parcel is to remain agriculture as is the 4 acre pTrcel ' Some of this land, i+ noL all of it Iies in the Silt-New Castle Fire Protection District. The District does supply fire protection to the properties in the Fire District and expresses no concern with the sale or division of the property as expressed above. The District does wish to comment on any further changes w i t.h th i s propertY use. If the above is not correct, you may reach me at home, either by mail or by phone. Phone:876-8607, address: P0 Box L26, Silt, c0 81652. ctful I t, St uar K.r c6 Assistant Chief q