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HomeMy WebLinkAbout2.0 Staff ReportREQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site falls within District C - Rural Areas with Minor Environmental Constraints. The Comprehensive Plan suggest a minimum of one dwelling unit per five acres in this district. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is a relatively level 40 acre tract sloping gradually to the north off of Johns Drive. There is currently a home on the proposed 30 acre tract. The proposed 10 acre tract is vacant land. Surrounding land uses appear to be agricultural in nature. History: In 1977, Lawrence Taylor (Rifle Land and Cattle) received an exemption which created 3 - 10 acre parcels and 1 - 1010 acre parcel. The applicant's 40 acre parcel was originally part of the 1010 acre tract. In 1980, Rifle Land and Cattle sold the 40 acres as a separate parcel. B. Project Description• The applicants propose to divide a 40 tract into two parcels of 30 and 10 acres. The proposal is use the existing domestic well to serve both parcels. The proposed 30 acre parcel has an existing septic system. The is proposed for the 10 acre parcel. III.MAJOR ISSUES AND CONCERNS A. Review Agency Comments 1. The Division of Water Resources - A letter was received 5/31/84 from the Division of Water Resources approving the proposed use of the domestic well with the following conditions: a. The well should be located on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. BOCC 6/18/84 PROJECT INFORMATION AND STAFF COMMENTS For a S.B. 35 Exemption Raymond E. and Elvin E. Harper NW 1/4 SE 1/4 Section 33, T6S. R92W; located approximately 6 miles south of Silt off County Road 331 and Johns Drive. The site is 40 acres + in size. The request is to divide the property into two tracts of 10 acres and 30 acres. Existing domestic well Existing and proposed septic Off County Rd. 331 and Johns Drive A/R/RD A/R/RD acre to same • • b. The well should be jointly owned by the lot owners. c. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. B. Staff Comments: 1. The applicants wrote a letter dated May 1, 1984, requesting permission from the Board of County Commissioners to apply for an exemption under the old exemption regulations. The Harpers were caught in a situation where the new regulations were not yet in effect but would be by the time they had a chance to apply. (See page // 2. The Harper property is a 40 acre tract located south of Silt. It is one of approximately seventeen 35 to 40 acre parcels in the immediate area. 3. According to the Department of Development records, approximately 8 new lots have been created by exemption on 35 to 40 acre parcels in the general vicinty of the Harper property. 4. There is a question as to whether or not the access easement for Johns Drive is an expandable easement. The applicant has been asked to solicit an attorney's opinion regarding this. IV. FINDINGS 1. That was the hearing 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 hearing. 2. That the proposed land use will be compatible with existing and permitted land uses in all directions. 3. That for the above stated and other reasons, the proposed g 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: That the applicant obtain and submit to the Department of Development, a statement from an attorney noting that each one of the proposed lots has lawful access to County Rd. 331 off of Johns Drive. 2. A plat of the 2 lots be submitted to the Department of Development. This plat shall be recorded in the Clerk and Recorder's office and shall include the following information: a. A written legal description of each lot including all easements pertaining to each lot (ditch, access, utility, well and waterline, etc.). r b. A signature block for the Board of County Commissioners and County Surveyor. c. The plat shall read Harper exemption and make reference to the Resolution number approving the exemption. 3. $200.00 shall be submitted for the School Impact fee. 4. All conditions shall be met within 120 days from the date of conditional approval. iL.(0 e 6-01S4- rylot OZ p rceJ i -ay 1,1984 To The Garfield County Commisssioners; 4e would like to request an exemption to the new land split regulations. We were in the office of planning on April 18,1984 to get the regulations and forms to start a land split of a 42_ acre parcel of land on Lry hollow Woad which is an original piece of Rifle Land and Cattle Company Parcels, attached is a legal description of saidpropertY. On April 18,1984 we were advised that new regulations were being adopted by the board but were not :-eaey to be given out to us so at that time we could not start the land split. We wish to split the land into a 10 acre parcel to be retained by the original owner Raymond L. Kimberly A. harper and a 321 acre parcel .:hich will be owned by Elvin L.& FeEgy Harper. Elvin is Raymond Harpers uncle. hayrnond & Kimberly are a young couple who are presently financially unable to keep the land. Elvin L. 8 Peggy harper are buying the land on an installment land contract and wish to deed back itaymond & Kimberly Harper 10 acres of land in lieu of a down payment.- Elvin & Feggy have built a home on the land and all involved would like to be able to get this settled with a minimum of difficulty to everyone involved so we are requesting aneotothe nto approvalsplit ofregulations. request,Vie sincerely see�ourwa hope you can Y clear Respectfully, //