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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, the undersigned Owen Holqate respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of a five acre tract of land into two tracts of approximately equal acre4ge. more fully hereinafter described, from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: Exhibit "A" Submitted at Glenwood Springs, Colorado, this day of , 19 Petitioner F XHIBI It A It I own a five acre tract of land south of Carbondale. I am petitioning for this exemption to allow the land to be divided into two separate tracts so that my wife and I may build a house on one parcel of and the other may be conveyed to my daughter and son-in-law to build a house. We have already drilled a well on the property which is sufficient to supply the domestic uses of two houses. I believe the engineering tests and report will show that the property is sufficient to provide for an adequate septic system for both houses. Electricity will be provided by underground lines and is now a short distance from the building is by way of been roughed a private in and is road on the usable, but the request of exemption will have sites. Access to the property. This road is not yet finished. little impact on the property has Granting surrounding landowners since buildings erected on the proposed sites would not be visible to our neighbors. Additionally, many parcels of land surrounding our property or situate nearby are two and one-half acres or smaller in size. The building sites which we have selected are far enough apart to provide each with privacy. However, both houses will be served by the same access road, power supply, water and septic systems. In sum, the requested exemption allows our family to utilize the subject property in the best possible way both economically and esthetically, with minimal impact on the surrounding landowners. • 7-85 g804) • j • • COLLINS DRILLING, INC. P. O. BOX 375 CARBONDALE, COLORADO 81623 To Thom It Nay Concern: Collins Drilling, Incorporated, drilled, a well for Owen Colorado permit number -78631, Garfield County, to a total steel casing -7" outside diameter. The baling rate of this This is more than suffient amount of water for the use of November 15,1976 Holgate on September 27,'75, depth of 145 ft. cased with well was 16 gallons per min. two households. Collins Drilling, Inc. 02,&40 • • RESOLUTION WHEREAS, Fred K. Holgate, Dorothy J. Holgate, Owen Holgate and Jean A. olgate have petitioned the Board of County Commissioners of Garfield County, 'orado, for an exemption from the subdivision regulations of Garfield County the State of Colorado, pursuant to C. R. S. 1963, 106-2-33 (3) (d) , as amended, Section 3.02.01 of the subdivision resolution of Garfield County, Colorado, for stain tract of land, which is located in Garfield County, Colorado, and more cularly described as set out in Exhibit "A", attached hereto and by this reference a part hereof; and WHEREAS, petitioners have presented evidence to the Board demonstrating reasonable certainty that road access exists to the property; that the division operty as contemplated presents no problems related to the intensive use of or provision of utilities and services; and the proposed use of the land is in ,cmony with adjacent property and with the Garfield County General Plan; and WHEREAS, the Board of County Commissioners is convinced that under the r-ircumstances the proposed division of the lands requested to be exempted from ther regulation under the subdivision regulations of the State of Colorado, and County of Garfield is appropriate; NOW, THEREFORE, upon motion of Commissioner seconded y Commissionerd unanimously carried, the sale of that property described in Exhibit "A" hereof is hereby exempted from all further regulation under the subdivision resolution of Garfield County, Colorado. A 'oy of the the instrument of conveyance shall be recorded together with this ltion. Dated this )7da��f 1974. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By ATTEST: f /176% 46'/0 X55. 60' � ! � '� �47'8 lio,A' AI 10_56.6,06 .. 5 Oz t,1°4Z. 1 00•>d s 99- /1-SIV 1/ r -- L 3 O.//x.3 5.22 77c. - Wes +- 3Q3 •86' _a • f-- ; �• s . • 53 rQ-'•° 30.49• e 5 J4 °4s 7 , 2. 7/ 7 /'f4 79.33 d5 2 1.90 L.OT l (S EC. /o) S Ci9 L E / /NCH-- /00 FEET0�3' 3' GARF I E LD cOU,NTX �2 6 53 • COLORADO -1965. A parcel -of lend situated in Lot 18 of Section 3 and Lot I of Section'10, all in Township 8 South,Range 88 West of the Sixth Principal Meridian,.Iying Southerly and Westerly of a fence as constructed and in place and Easterly of the Easterly. line of a Ditch as constructed and in place, said parcel of land is described as follows: Beginning at a point whence a Stone Corner found in place and properly marked for the Section Corner common to Sections 2,3,10, and.11 in said Township and ran`e bears: S.39`39'24" E. 793.04 feet; thence S.04°13'33" E.117.93 feet along said fence; thence S_2+°42'41" E. 99.66 feet along said fence; thence S_14'30' 49" E. 348.7i feet along said fence; thence S.22'54'I4" W. 155.71 feet along said fence; thence S.02°411'48" W. i6.3! feet along said fence to a point on the Easterly line of said ditch; thence along said ditch N.42'03'39" W. 64.55 feet; • t N 5thence N.52'49'00" W. 61.90 feet; t7Pnce thence , .6 `:4'03" W. 196.56 fees; t. ..,.e td. !.:.41'27'03" W. 79.33 feet: thence N.21`24'20" W. 246.81 feet; thence NI"6►C0" :. 22.94 feet: thence N.10°22'16" ♦'I . 58.39 feet; thence N .04° 30' t 4" W. 47 _ SS feet; henco N _ i 3' 03' 23" E. 92.33 feet; thence N.28'26'27" .til'. 25.87 feet to a pc i nt en said fence; thence N.87`46'10" E. 355,80 feet along said fence to the point of beg- inning. The a.ove described parcel of land contains 5.22 acres, more or less-. rch 15, 1974 Sc.ARRO`;: AND i':AL :ER. Ittc. Ro: ert A. 4e7 -.s l ey Registered Land Surveyor, 2014 BLAKE AVENUE • GARFIELD COUNTY • DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION GLENWOOD SPRINGS, COLORADO 81601 November 18, 1976 Garfield County Commissioners GARFIELD COUNTY COURTHOUSE Glenwood Springs, Colorado 81601 PHONE 945-7255 Re: Letter of Feasibility for Sewage Disposal for the following property belonging to Mr. Owen Holgate of Carbondale, Colorado: Lot 18, Section 3, and Lot 1 of Section 10, all in T. 8 S., R. 88 W., of the 6th P.M. Gentlemen: Based on the information received by this office and past experience with sewage disposal facilities in the immediate area of the proposed exemption, it has been determined by this office on -lot sewage disposal facilities are both feasible and practical, commensurate with both County and State regulations, provided proper permits are obtained prior to construction. It should be further noted that due to the known conditions, only the follow- ing types of on -lot sewage disposal systems would be acceptable: x Approved septic tank and absorption area x Approved septic tank and dry well x Approved aerated treatment unit and absorption area Approved aerated treatment unit and sealed sub -surface evapotranspiration system Vault Please be advised I would suggest each parcel have x Other as specified: separate individual sewage disposal systems if the request is granted. If we can be of any further assistance, please do not hesitate to contact this office. ELF/tls Sincerely, ENVIRONMENTAL HEALTH DEPARTMENT Edward L. Fel Department Head GARFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH 2014 Blake Avenue Glenwood Springs, Colorado 81601 INDIVIDUAL SEWAGE DISPOSAL PERMIT Owner ?fr. & Hrs. Owcn Holgate • 348 This does not constitute a building or use permit. System Location Dirv:le Lake Road Licensed Contractor owner * Conditional Construction approval is hereby granted for a Septic Tank or Aerated treatment unit. Absorption area (or diapersal area) computed as follows: Perc rate of one inch in Ji minutes requires a minimum of Therefore the no. of bedrooms - gallon /-2 S sq ft of absorption area per bedroom. x `.Ssq ft. minimum requirement = a total of -57.S sq ft of absorption area. May we suggest ' cam= 772---7.1/e--"ye 3 a / - -- ."V ,a1/0 / lrJ/Q� , !! Date //— - 7 (o Inspector FINAL APPROVAL OF SYSTEM: C -7-O Gf% No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. Septic Tank cleanout to within 12" of final grade or aerated access ports above grade. Proper materials and assembly. Trade name of septic tank or aerated treatment unit. Adequate absorption (or dispersal) area. Adequate compliance with permit requirements. Adequate compliance with County and State regulations/requirements. Other Date Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County Zoning and building requirements. Connection to or use with any dwelling or structures not approved by the building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section 111, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in- volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine - 6 months in jail or both. Building Official - Permit White Copy Applicant - Green Copy Dept. - Pink Copy •Aobert 4m01111m, Atty 303 i,ain ..arbondaIo, Colo. . i643 Dear Mr. fz4derson, 41Veleember 2,1996 r.,).box 721 (Rtrbondale, io10.81,23 In retards to our tolopnone conversation of 2, 1976, concernin,; ,our client Ire Wen foliate, .0 would like to sedmit tae following: Jn or about Nov 22, 19% at a meeting of your client, the county comillissionere and attendud by mr. kober t 4itkowaki, the count, planner, in name was mentioned as one who objected to the olvision of a pieoe of property, owned by .1olgato, for tap purpose of building two homes instead of one. 31a NOV. 29th, one week after the 110v. 22d meeting, I was inforilled of the mooting , its purpose and of to mention of my' name as an objeitor. I do not now nor did i aver object to fill, division or building of a home or homes on fr., aoliate're property. iipparently there huu been a misendrutannini as to any stand on this matter and hope this letter 1a t ail nearsay and oonjeoture to rest. I thank wou for dour attention in this matter, and remain, Respectfully cc: o.rd of Countj .6ommiss4onors . JobA iripp 4 [,- ,-.11:6212EiViqr-1 il \ 11 EDF O 1 'W76 1 GARFIELD COUNTY COI. ROUTING SLIP Return to 4' Robert B. Emerson • Lawyer 303 Main Street P.O. Box 948 Carbondale, Colorado 81623 (303) 963-3700 December 2, 1976 Mr. Flaven Cerise Chairman Garfield County Board of County Commissioners Garfield County Courthouse Glenwood Springs, Colorado 81601 re: Owen Holgate Senate Bill 35 Exemption Dear Mr. Cerise: rmirr"-lc71 ii..771 I Do DEC1976 7 .�. GARrRLLP CoUN Y CC!:H. ROUTING Stitl[pf C'r.ce Return to I received a telephone call today from John Tripp concerning the above referenced matter. Mr. Tripp indicated to me that he had been advised that his name had been mentioned at the hearing held before the Commissioners in this matter and wanted to advise me of his position. Mr. Tripp indicated to me that he wished it to be made clear that he in no way objected to the requested Senate Bill 35 Exemption, the proposed property division, or the erection of any buildings by the Holgates. I advised him that I would pass this information along to you so that you and the other board members could consider it in rendering your decision. Mr. Tripp, of course, is one of the property owners in the vacinity of the Holgate property. If you have any questions concerning this, please contact me at your convenience. RBE/plt • Si cerel Robert B. Emerson • Robert B. Emerson Lawyer 303 Main Street P.O. Box 948 Carbondale, Colorado 81623 (303) 963-3700 Mr. Flaven Cerise Chairman of the Board Garfield County Commissioners Garfield County Courthouse Glenwood Springs, Colorado 81601 • ROUTING SLIP November 23, 1976 Hill �" re: Petition for Senate Bill Owen Holgate Dear Mr. Cerise: 35 Exemption of Cerise ❑ KaDivi 0 R�furn I appreciate having had the opportunity to present the evidence to the Board of County Commissioners which supports the Petition by Owen Holgate for a Senate Bill 35 Exemption to divide his property. As I understand it, the Board has decided to view the property involved before making a final decision. Mr. Witkowski has argued that the exemption should be denied since the access and topography do not support the requested exemption and that the general policy has been to deny second exemptions. We are happy to have an opportunity to have the Board members personally view the property, since we feel that this will dispell any question that the physical setting of the property may not be appropriate for two residential building sites. I think that you will find when you view the premises that the area involved is a rather flat piece of ground on the top of a small hill and that it is ideally suited for the proposed division and building of two homes, without a negative impact on the surrounding land owners and without creating a property division inconsistent with the legislative intentions behind Senate Bill 35. I would appreciate it if you would contact me when you have selected a date to view the premises. It is my hope that both Mr. Holgate and myself can accompany the commissioners to the property and answer any questions which you might have. If I may be of furth'er;assistance, please contact me at your convenience. \,, VJ Robert B. Emerson