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RE:
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
FROM MARK BEAN
DATE: JULY l,1997
RAY GILBERT AMENDED PLAT REQUEST - AOD LOTS
Ray Gilbert has submitted a request to amend the Antlers Orchard Development Co. plat for lots
included in a parcel of land owned previously by Robert J. Antonelli. The enclosed deed
includes a legal desuiption that identifies "part of Tracts 33-35, 46-48 and 51 . While the deed
notes that the portions of the lots noted are included in the legal, to claim them as legally
buildable lots appears to be stretching an interpretation of the lots being buildable. The portions
of lots 48 and 51 appear to be so small, that a person could only build very small units on the
lots. Lot 48 may be able to have a dwelling 20'x20'and lot 51 could accommodate a unit 20'x
50', and meet the setback requirements of the A/R/RD zone district. This assumes that there is
adequate room on each lot for an ISDS and well that will meet the regulations. Any change to
the required setbacks would have to be approved for a variance, but the "hardship" would be a
self imposed hardship based on a land owners desire to exceed the allowable building area. Staff
can support an amended plat for the larger lots, but we have serious reservations about lots 48
and 51.
Karen Greene is proposing to amend the lot lines for AOD lots 35, 45,52 and 61 on her property
which is adjacent to the Gilbert property on the west side. Ms. Greene's lots are all buildable
lots that would not require a variance to build on presently.
Additionally, it appears that the proposed amended plats need to include amended access
easements for the roads identified in the original plat. There is an access road/easement off of
CR 216 shown along the east line of lots 35 and 46; and from CR 227 alongthe south line of
lots 46 and 47 for the Gilbert property. (See Assessors map) Ms Greene has identified a north-
south easement as it exists, but has not specifically identified an east-west easement along the
coilrmon property line between the existing lots 45 and 52. There needs to be an access
easement included in any amended plat that will provide access to all lots having a right to access
off of CR 216to the north and from CR 233 to the west.
It should be noted that the County is not obligated to approve an amended plat. The following
language is the basis for any "amended plat" application:
6:10 An amendment may be made to a recorded plat, if such amendment does not
increase the number of subdivision lots or dwelling units, result in the major
relocation of a road or add new roads. The amended plat shall be submitted with
a narrative explanation of the reason for the application and the consent of all land
owners involved to the Garfield County Department of Development/Planning
division for review and comparison with the previously recorded plat. Within
thirty (30) days of submittal, the amended plat shall be brought before the Board
of County Commissioners for review and decision. If approved, a plat titled
"Amended Final Plat" shall be signed and dated by the County Surveyor, then
signed and dated by the Chairman of the Board and recorded in the Clerk and
Recorder's Offrce of Garfield County within ninety (90) days.
While it makes sense to create lots that have a building areas that fit the contours of the land.
The County is not obligated to approve the creation of a buildable lot from a lot that is presently
marginally buildable, without going through the subdivision review process.
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GARFIELD COUNry SURVEYOR'S OFFICE
PLAT REVIEW INVOICE
September 20, L997
ATTN: It[R. MARK BEAN
DIRECTOR, GARFIETD COUNTY PTANNING DEPT.
109 EIGHTH ST.
GIENWOOD SPRINGS, CO.
81601
PIAT NAME: AIIENDED PLAT 0F IOTS 35, 45, 52, AND 61, ANTLERS ORCIIARD DEV.
DATE 0F REVIEI{: SEPT. 24, L997
PLAT REVIEWED BY: SAM PHEIPS, COT]NTY SIIRVEYOR
DESCRIPT]ON OF SERVICES:
REVIEW PLAT SUBI'IITTED TO COUNTY.
1 HR. G $40.00 P/H $4o. oo
sHouLD you HAVE ANY QUESTIoNS, PTBASE FEEL FREE T0 CONTACT ME AT YoUR CoNVENIENCE.
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AS GARFIE1D COUNTY SURVEYOR
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 8.l60.l
(970) 945-r s77, Ert. 2510
Somuel Phelps
Gonield County Surveyor
Privole Office
214 E. Eighth Street, Ste. 210
Glenwood Springs, CC 81601
PH: (970) 928-8233 FAX: (970) 945-8565