HomeMy WebLinkAbout2.0 BOCC Staff Report 04.16.2007Exhibits for Public Hearing held on April 26, 2007
Exhibit Letterr
Exhibit
A to Zj
A
Mail Receipts
B
Proof of Publication
C
Garfield County Zoning Regulations of 1978, as amended
D
Garfield County Subdivision Regulations of 1984, as amended
Application materials
Staff Memorandum
E
F
G
Staff Presentation
H
Memo from Brit McLin of the Burning Mountain Fire Protection District dated 7-
19-2006
I
Memo from John Taufer of John Taufer & Associates dated 2-14-2007
J
Memo from Samual Phelps of SurvCo, Inc. dated 3-6-2007
Memo from Jake Mall of the Garfield County Road and Bride Department dated
3-26-2007
K
L
E -Mail from Cynthia Love of the Colorado Division of Water Resources received
4-3-2007
BOCC 4/16/2007
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Exemption from the Definition of Subdivision
OWNERS Lacy Orr and Gil Smith
LOCATION j Approximately 9 miles south of the Town of
New Castle at 6640 County Road 312 in the S
l/ of the SE 1/a of Section 30, Township 6
South, Range 90 West of the 6t1i PM, Garfield
County.
SI'I'h DATA 78.4 acre parcel
PROPOSED CONFIGURATION 5 Lots ranging in size from 10.996 acres to
20.192 acres
Individual and Shared Wells
Individual Sewage Disposal System (ISDS)
County Road 312
ARRD
ARRD
Study Area 2 (Outlying Residential)
WA'1'hR
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
COMPREHENSIVE PLAN
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Orr/Smith Exemption
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I. DESCRIPTION OF THE PROPOSAL
The owners of the subject 78.4 -acre property request approval from the Board of County
Commissioners to split the tract into 5 tracts by way of the County's Subdivision Exemption process.
The proposed lots are contemplated as the following sizes:
Lot 1 14.373 Acres
Lot 2 10.996 Acres
Lot 3 14.001 Acres
Lot 4 15.991 Acres
Lot 5 20.192 Acres
Each new tract will have direct public access from County Road 312. Water to each lot will be
provided by individual wells and wastewater is to be handled by Individual Sewage Disposal
Systems (ISDS).
Orr-Siayzth Subdi vision. Exemption Plat
A tract of land being a portion of the
S 1 /2S€1 J4 of Section 30
Township 6 South, Range 90 West of the 6th P.M.
County of Garfield, State of Colorado
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II. BACKGROUND & ELIGIBILITY
As of 1973, the subject 78.4 -acre tract existed in the same configuration it does today. Research of
the chain of title, conducted by Samuel Phelps of SurvCo, Inc. reveled that one 1.58 acre lot has been
split from the parent 80 -acre parcel. However, this parcel was split in 1965 and as such, does not
count toward the total exemption lots which can be created from the parent parcel as it existed in
1973. It is Staff' s opinion that the proposed exemption from the definition of subdivision application
is eligible per Section 8:52(A) of the Garfield County Subdivision Regulations of 1984.
III. REFbRRAL COMMENTS
Staff referred the application to the following agencies / County Departments for their review and
comment. Comments received are attached as exhibits and incorporated into the memorandum where
applicable:
A) Town of New Castle:
B) Burning Mountain Fire Protection District:
C) Colorado Division of Water Resources:
D) Garfield County Road and Bridge Department:
E) US Corps of Engineers:
IV. MAJOR ISSUES AND CONCERNS
No Comments Received
See Exhibit H
See Exhibit L
See Exhibit K
No Comments Received
A. Subdivision Exemption Regulations / Property Eligibility
Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total
of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that
parcel was described in the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973,
must have been larger than thirty five (35) acres in size at that time and not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public right-of-
way (State or Federal highway, County road or railroad), preventing joint use of the proposed
tracts, and the division occurs along the public right-of-way, such parcels thereby created may,
in the discretion of the Board, not be considered to have been created by exemption with regard
to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the
purposes of definition, all tracts of land thirty five (35) acres or greater in size, created after
January 1, 1973, will count as parcels of land created by exemption since January 1, 1973."
Staff Finding
As previously noted, Staff finds that this application meets the acreage requirement spelled out
in Section 8:52(A) of the Subdivision Regulations of 1984.
The Applicant is requesting a total of 5 lots from the existing 78.4 acre property. As noted in
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Section 8:52, "any parcel to be divided by exemption that is split by a public right-of-way (State
or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way, such parcels thereby created may, at the
discretion of the Board, not be considered to have been created by exemption with regard to the
four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable."
The Applicant explains that (See Exhibit I) "the alignment of County Road 312 has created
steep cut slopes on the south side and steep fill slopes on the north side of the road. The steep
grade differentials on either side of the road have resulted in a situation where access to the
proposed Lot 5 from Lots 1-4, from County Road 312, is difficult if not impossible to achieve.
The topographic constraints along the County Road prevent joint use of Lot 5 from Lots 1-4."
See photo below.
Proposed Lot 5
Proposed Lots 1-4
Staff finds that the proposed Lot 5 has in fact historically been used separately from proposed
Lots 1-4, is clearly separated by County Road 312 and is proposed to utilize County Road 312
as the dividing line between Lot 5 and Lots 1-4. As such, Staff finds that this property is eligible
for the Exemption process to create a total of 5 lots as proposed.
B. Zoning
The property is located in the Agricultural / Residential / Rural Density (ARRD) zone district.
Section 8:52(B) states that the Board shall not grant an Exemption unless the division proposed
for exemption meets the all of County zoning requirements. Upon review of the site plan, it
appears that all of the zoning requirements have been or can practically be met except for the
side yard setback requirements of 10 feet for the existing residence and structure on proposed
Lot 1. More specifically, the side yard of proposed Lot 1 contains three structures including a
primary residence and two outbuildings. One of the outbuildings not only falls within the side
yard setback, but also extends over the property boundary onto the neighbor's property to the
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west. Following research conducted by Staff, it appears that the residence was constructed in
1975 while the outbuilding straddling the property line was constructed in 1965. Hence, it is
Staff's opinion that these structures are legal non -conforming.
ead Power LineCs)
U !U y, Cnergency Services
and Fire Access easenent
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C. Legal Access
All lots being created front directly on County Road 312 and as such have access to a public
right-of-way. Proposed Lot 1 and Lot 2 share an existing driveway from CR 312 providing
physical access to the existing residential improvements at the west and central portions of the
parcel. The Applicant is proposing to create a 30' wide access easement across Lot 1 to continue
service to the development on proposed Lot 2. The Applicant has provided a Declaration of
Covenants and Road -Sharing Agreement. This easement, however, does not fully meet up with
the CR 312 right-of-way. In order to guarantee access to this access, utility and emergency
service easement from the County Road, Staff recommends realigning the driveway to the east
so that the driveway has fully consecutive with CR 312. See illustration below.
The County Road and Bridge Department reviewed the proposal and has conducted an onsite
visit with the Applicant. Jake Mall of the Garfield County Road and Bridge Department states
that they have "no objections to this application." Presently, the Road and Bridge Department
recommends the Board require that a 60' (30' from centerline) deeded easement for CR 312.
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Po e Lintels)
lltit -ry, Emergency Services
and Fie -e Access easement,
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D. Domestic / Irrigation Water
The application contains four well permits. According to the Division of Water Resources (See
Exhibit L), "The report referenced four permit numbers (80600, 152526, 271766, 271770). All
four permits are valid per CRS 37-92-602 (3)(d)(ii), and Permit Nos. 271766 and 271770 are
each valid for use in three single-family dwellings." In addition, Staff has determined that the
existing well, number 80600 is not located on the subject parcel. The Applicant will need to
secure an easement for this well in order to ensure legal access to the water supply.
According to the Applicant:
Upon approval of this exemption request, the State Division. of Water Resources will
trade the exempt well permits ( Permit n 271766 & Permit # 271770) for individual well
permits, household use only, for Lots 2 through 5. As a result, we have not included
shared well agreements for the lots sharing the exempt wells nor have we shown any
cross easements for piping.
The Applicant is proposing the following well and water supply scenario:
Lot Water Provider Permit Number (Cap.)
1 Existing Well 80600 (1 DU)
2 Existing Well OR By New Shared Well on Lot 3 152526 (1 DU) OR
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271766 (3 DU)
3 New Individual OR Shared Well 271766 (3 DU)
4 New Shared Well (located on Lot 4) 271770 (3 DU)
5 New Shared Well (located on Lot 4) 271770 (3 DU)
The Applicant has provided the following information concerning the existing and proposed
wells on the property:
Anticipating approval of individual well permits for all Tots, exploratory wells were
drilled on Lots 2, 3 and 4 in the winter of 2006/2007. Pump tests were performed on all
ofthe wells, The pumping results of the wells are as follows:
Lot/Well # Duration of Test Flow/Gallons Per Minute ( CPM)
i.ot 1 4 Iir. .33 GPM
Lot 2 24 Hr. 3.75 GPM
Lot 3 4 Hr. 4.0 GPM
Lot 4 24 Hr. 3.6 GPM.
Lot 5* N/A N/A
*Lot not accessible to drill rig at the time.
In response to the very low rate of production for the well serving Lot 1, Michael Erion, P.E.
stated:
The existing well was constructed in 1975, is 100 feet deep and is drilled into clay and
sand material. The static water level was measured at 48 feet. A four hour pumping test
was conducted on February 20, 2006 during the seasonal low ground water period.
Based on the results, the existing well has an estimated long term yield of approximately
0.33 gpm. The yield of the well has been adequate for a single family house, The well
also irrigates lawn and garden around the house so it likely has a higher yield in the
spring and summer months.
The Applicant has supplied water quality tests for all wells and offers the following
explanation:
wat,,r quality testing was also performed at the time of the pump tests. With the
exception of the well on Lot 2, the potable water meets all ofthe primary State drinking
water standards including bacteria and nitrates. The shipping of the water sample from
Lot 2 was delayed as a result of a shipping error so the bacteria test was conducted
outside of the: holding time limit for the sample. The well will be retested for bacteria
prior to signing of the Exemption Plat.
We were not able to drill an exploratory well on Lot 5. We could not access Lot 5 at the
time we were drilling the other wells. A new driveway access will have to be constructed
before we can drill a well on the lot. Based on the pumping results for Lots I through 4,
it is the opinion of Michael Erion, P.F., Resource Engineering Inc., that an adequate
water supply can be developed for Lot 5.
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Based on the aforementioned information, Staff finds that legal and adequate water is available
to serve the proposed lots. However, as is normally required by Section 8:42(D), prior to the
signing of any final exemption plat the Applicant shall provide a water sharing agreement. The
water sharing agreement shall be filed with the exemption plat that defines the rights of the
property owners to water from the well and pertaining to all shared wells within the proposed
Exemption application.
E. Sewer / Waste Water
The existing residential improvement on Proposed Lot 1 is presently served by an ISDS. The
Applicant proposes the same method of handling wastewater on newly created Lots 2-5.
The Applicant has provided the following description of the soils located on this property:
The Soil Conservation Service soil survey mapping has identified the following four (4)
types of soil map units covering the property:
19 --- Coehetopa-Jerry complex
24 -- Dollard -Rock outcrop
45 — Morvai-Tridell complex
65 — Torrifluvents
68 — Vale silt loam
Of the five (5) soil map units, only the (45) lvlorvei-Tridell complex and (68 ) Vale silt
loam mapping units are located where proposed building development will occur. The
proposed exemption Lots 2,3, 4 and a majority of Lot 1 are situated in the 'Vale silt loam
mapping unit area. while Lot 5 is situated in the Mo.rvel-Tridell complex map unit,
Vale silt loam is found on areas with 3 to 6% slopes. This deep, well drained soil is on
mesa, terraces and alluvial farts. According to the U.S.D.A. soil survey interpretation
tables, limitations are slight with regards to building site development and moderate in
terms aseptic tank absorption fields. The moderate classification is due to slow
percolation rates. The material is rated as poor for road fill due to its low strength. Those
site development limitations can be mitigated through. proper engineering design.
Morval-Tridall complex soils are found on 6 to 25% slopes, Both the Movaland and Tridall
soil are deep, well drained soils. The interpretation tables rate this m.ap unit as moderate
for both building site development and septic tank absorption fields and fair for road fill.
Regardless of the limitations of some soils to building and construction, these limitations
can be mitigated through proper engineering design.
Following examination of the soils data located on this property, Staff suggests that all ISDS
systems be designed by a professional, Colorado certified engineer.
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F. State and Local Health Standards
Colorado Department of Public Health & Environment ISDS standards require the County to
issue an ISDS permit for all such systems installed in the County. The future lot owners will be
required to obtain the necessary ISDS permits from the County at the time building permits are
obtained.
G. Drainage / Floodplain
The proposed parcels will contain approximately 11 to 20 acres each with limited creation of
impervious space resulting in minimal drainage. The subject parcel is sloped from the north
toward Garfield Creek and as such, Staff does not foresee any immediate problems regards
storm water drainage. The Applicant has not represented any mapped floodplains on the
property although Garfield Creek runs through the northern most portions of Lots 2-4. Staff has
examined the current floodplain data for Garfield County and has not identified any floodplains
present on the subject parcel. Staff has further examined hazards on the subject parcel and has
not identified any other known hazards afflicting this property.
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H. Fire Protection
The property is located in the Burning Mountain Fire Protection District. The Applicant is
proposing on-site water storage for fire protection which is to consist of two, 6,000 gallon
storage tanks. The location of the tanks is to be in the 30' wide Utility, Emergency Service and
Fire Access easement within Lot 1. The tanks are to be buried and be equipped with a dry
hydrant. Based on the signature of the District (See Exhibit H), it appears this plan is
satisfactory for the District.
J. Easements
This Exemption Plat is to create 4 new easements within the subject parcel:
1. A 20' wide Electric Line easement crossing the northerly section of Lot 5;
2. A 30' wide Access, Utility, Emergency Services and Fire Access easement across the
southerly section of Lot 1;
3. A 60' wide Right -of -Way easement for County Road 312 (30' from centerline); and,
4. A 20' wide Electric Line easement crossing the northerly section of Lot 4.
No existing easements have been represented.
K. School / Development Impact Fees
The property is located in the School District RE -2 which requires the payment of a $200.00
school site acquisition fee for each new lot created. In this case, the new lots being created for
the purposes of applying this fee are Lots 2 through 5.
V. STAFF RECOMMENDED 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 has been determined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application has met the requirements of Sections 8:00 of the Garfield County
Subdivision Regulations of 1984, as amended.
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VI. STAFF RECOMMENDATION
Staff recommends the Board approve the request for an Exemption from the Definition of
Subdivision for Lacy Orr and Gil Smith as joint tenants finding the proposal does meet the
requirements of Section 8:00 of the County's Subdivision Regulations of 1984, as amended. Should
the Board approve the request for an Exemption, Staff suggests the following conditions of approval.
1. That all representations made by the Applicant in a public hearing before the Board of
County Commissioners shall be considered conditions of approval unless otherwise
amended or changed by the Board.
2. The Applicant shall include the following text as plat notes on the final exemption plat:
a. "Control of noxious weeds is the responsibility of the property owner."
b. "One (1) dog will be allowed for each residential unit within a subdivision exemption
and the dog shall be required to be confined within the owners property boundaries."
c. "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances".
d. "All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of the subdivision
exemption, except that provisions may be made to allow for safety lighting that goes
beyond the property boundaries".
e. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and County policy provide that ranching, farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so
long as operated in conformance with the law and in a non -negligent manner.
Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations.
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f "All owners of land, whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditches, controlling weeds, keeping livestock and pets under control, using property
in accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County."
g.
"All new foundations and septic systems shall be designed by a professional engineer
licensed to practice in Colorado.
h. "All new and existing residences for Lots 1-5 shall be equipped with an onsite
potable water disinfection treatment system."
1.
"With prior notice by the Garfield County Road and Bridge Department and prior to
the construction of any upgrades to County Road 312 requiring the use of the 60'
Right-of-way easement, the property owner shall remove all berms, fences, brush or
other impediments to the road upgrades at the current property owner's expense."
"No further divisions by exemption from the rules of subdivision will be permitted."
k. "Building location on lot five (5) shall be located within the designated building
envelope."
1. "No building shall be permitted within 30' of the high water mark of Garfield
Creek."
3. Because Lots 2 and 3 as well as Lots 4 and 5 are proposed to share a well for their
domestic water supply, the Applicant shall establish an unincorporated Homeowners
Association (with associated protective covenants) to own and manage the shared
components of the shared water system as well as the water rights which include the
ownership of the well. This HOA shall determine how physical elements and associated
rights of the shared water system (well, water lines, easements, maintenance and repair
obligations) are to be owned and managed for each future owner of Lots 2, 3, 4, and 5.
This document shall be provided to the County for review as part of the final plat
submittal.
4. Prior to the signing of the plat, all physical water supplies shall demonstrate the
following as part of the final plat submittal:
a) The water quality be tested by an approved testing laboratory for all wells (specific to
Lot 2) and meet State guidelines concerning bacteria, nitrates and suspended solids;
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b) A water sharing agreement will be filed with the exemption plat that defines the
rights of the property owners to water from the well.
5. Due to the shallow depth of the proposed wells, an on-site potable water disinfection
system is required for each new and existing residential dwelling unit constructed.
6. The property is located in the School District RE -2 which requires the payment of a
$200.00 school site acquisition fee for each new lot created. In this case, the new lots
being created for the purposes of applying this fee is Lots 2, 3, 4, and 5.
7. The Applicant shall secure an easement for the existing well, number 80600 to ensure
access to the water supply.
8. All construction shall require compliance with NFPA 1144 Standard for Protection of
Life and Property from Wildfire recommendations.
9. In order to guarantee access to the 30' Utility, Emergency Services and Fire Access
easement from County Road 312, the access point onto the County Road shall be
realigning to the east so that the full width of the easement abuts County Road 312.
10. The Applicant shall provide right-of-way to the County for a 30 -foot strip from the
centerline of County 312 to the property line for the length of Lots 1, 2, 3, 4, and 5 as
they abut County Road 312. This deeded easement of the right-of-way shall be provided
in a form acceptable to the County Attorney's Office and provided with the final plat
materials. Further, with prior notice by the Garfield County Road and Bridge Department
and prior to the construction of any upgrades to County Road 312 requiring the use of the
60' Right-of-way easement, the property owner shall remove all berms, fences, brush or
other impediments to the road upgrades at the current property owner's expense.
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Jul 21 06 11:20a Admin 970 -876 -
BURNING MOUNTAINS FIRE PROTECTION DISTRICT
Brit C. McLin
Chief
611 Main St.
P.O. Box 2
Silt, CO. 81652
John L. Taufer
PO Box 2271
Glenwood Springs,
CO 81602
John:
Phone: (970) 876-5738
Fax: (970) 876-2774
E -Mail: burningmountainschief@msn.com
19 July 2006
Regarding the Orr/Smith Property Exemption, a 5 'lot subdivision, you have
agreed to install water storage tanks and standpipes for fire department use. You have
further agreed to grant an easement allowing fir department access and use. These
agreements satisfy the requirements of the Burning Mountains Fire Protection District for
this project.
Brit C. McLin
• •
JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture / Land Planning
February 14, 2007
David Pesnichak, Senior Planner
Garfield County Building & Planning Department
108 8th Street Suite 201
Glenwood Springs, Colorado 81601
Re: Orr/Smith Exemption — Supplemental Information
Dear David,
RE cEIVE
FEB 1 6 2007
GAFfh,&PLANNING
p
COUNTY
;
BUILDING
In response to your letter regarding the Orr/Smith Exemption, dated January 10, 2007,
you stated that the application was incomplete for the following reasons: 1) Lack of
evidence that the parcel qualifies for exemption and 2) lack of evidence that the public
right-of-way prevents joint use of the proposed Lot 5 from Lots 1-4 and is eligible to
exceed the 4 lot maximum established in Section 8:52 (A).
The following shall serve as supplemental information to the application in addressing
the deficiencies in the application:
1) The Orr/Smith parcel, County Parcel # 2183-302-00-008, containing
approximately 78.5 acres, existed as described on January 1, 1973. Attached
is a Memo from SURVCO, INC, which shows evidence and demonstrates that
the parcel existed in its present configuration on January 1, 1973. The chain
of title is included with the Memo.
2) The Smith/Orr property consists of approximately 78.5 acres. County Road
312 runs through the Smith/Orr property thus dividing the property into two
(2) parcels: a 58.4 parcel north of the County road and a 20.1 acre parcel on
the south side of the County road. The Orr/Smith Exemption application
requests a total of 5 lots. Lots 1-4 would be situated on the 58.4 acre parcel
and Lot 5 would be situated on the 20.1 acre parcel.
The alignment of County Road 312 has created steep cut slopes on the south
side and steep fill slopes on the north side of the road. The steep grade
differentials on either side of the road have resulted in a situation where
access to the proposed Lot 5 from Lots 1-4, from County Road 132, is
difficult if not impossible to achieve. The topographic constraints along the
County road prevent joint use of Lot 5 from Lots 1-4.
909 Colorado Avenue • Box 2271 • Glenwood Springs,CO 81802
(970) 945-1337 • FAX (970) 945-7914
However, there is one specific location that could be used to access Lot 5 but
constructing the access would involve a considerable amount of effort and
earthwork to achieve access to the lot. This specific area is located at the
northwest corner of Lot 5.
Given the fact that access to Lot 5 is limited; the property is heavily vegetated; is
not irrigated and is separated by
untytle rRod 312, Lotto 5 provides little
opportunity for use and pro
1-4.
I have attached some photographs of the road cut and fills along County Road
312. The photographs help illustrate the difficulties in accessing the proposed Lot
5.
Please review this supplemental materialefeel at freeyour
contactoffice.
convenience. If
you need additional
o
information or have questions, plea
Sincerely,
John L. Taufer, Owners Representative
Attachment
COUNTY ROAD 312 LOOKING EAST - ROAD CUT & FILLS
PROPOSED LOT 5 IS ON RIGHT
COUNTY ROAD 312 LOOKING WEST - ROAD CUT & FILLS
PROPOSED LOT 5 IS ON LEFT
•
VIEW OF LOTS 1 THRU 4 AREA
VIEW OF LOT 5 AREA
SURVCO, INC.
RTK GPS and Conventional Land Surveying Services
MEMO
Tuesday, March 06, 2007
To: John Taufer
From: Samuel Phelps
Re: County Parcel No. 2183-302-00-008 and eligibility for Exemption
John;
As you have requested we have researched the chain of title for the above referenced
property known as the S1/2SE1/4, Section 30, Township 6 South, Range 90 West of the
6th.P.M. and containing approximately 80 acres by standard aliquot division and find that
one (1) other parcel has been created from this parent parcel as described below:
• Parcel 2183-302-00-055 was created by Warranty Deed recorded in Book 368 at
Page 481, Aug. 11, 1965 which predates the Jan. 1, 1973 requirement, therefore
not counting against the maximum allowable number of parcels that could be
created by the Exemption process.
Therefore it appears that the balance of the parenting parcel known as Parcel No. 2183-
302-00-008 containing approximately 78.5 acres would qualify for exemption from the
definition of subdivision according to the Subdivision Requirements of Garfield County
amended March 2004.
PIH (970) 945-5945
B26'/a GRAND AVENUE
POST OFFICE BOX 2782
GLENWOOD SPRINGS, CO. B 1 802-2782
8URVCO@EARTHLINK.NET
FAX: (970) 945-5946
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Name of application: Orr / Smith Exemption
Sent to: Garfield County Road & Bridge Dept.
Date Sent: March 21, 2007
Comments Due: April 11, 2007
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: David Pesnichak
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objections to
this application with the following comments.
As stated in the application I have met onsite with the applicant and have agreed to
driveway access locations and conditions specific to the locations that will be stated in
the driveway access permits when issued.
Garfield County Road & Bridge Department would request another onsite to the property
with the applicant and or contractor building the driveway accesses prior to construction
of the driveway accesses to review all conditions specific to each driveway access
location.
If a 60 -foot deeded easement for Cr. 312 (Garfield Creek Road) does not already exist the
applicant shall deed a strip of land the entire length of the subdivided property 30 -foot
wide on each side of Cr. 312 to Garfield County.
Any and all contractors and employees shall be required to fill out the form for
certification and affidavit regarding illegal aliens when applying for any driveway access
or utility permits issued by Garfield County Road & Bridge Department.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date March 26, 2007
Revised 3/30/00
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David Pesnichak
From: Love, Cynthia [Cynthia.Love@state.co.us]
Sent: Tuesday, April 03, 2007 1:15 PM
To: David Pesnichak
Subject: Orr/Smith Exemption
Page 1 of 1
David,
Craig Lis had me take a look at this project, and since it is explicitly called a subdivision exemption, we will not
provide a formal opinion letter, but the following is for your information. As an exemption, all of the lots
automatically qualify for exempt well permits (issued pursuant to CRS 37-92-602). The report referenced four
permit numbers (80600, 152526, 271766, 271770). All four permits are valid per CRS 37-92-602(3)(d)(II), and
Permit Nos. 271766 and 271770 are each valid for use in three single-family dwellings. Please let me know if you
need any more information on this project.
Thanks,
Cynthia Love
Colorado Division of Water Resources
303-866-3581
4/3/2007
RESOLUTION NO.
Series of 2008
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A SIDE -YARD SETBACK VARIANCE FOR A PROPERTY LOCATED SOUTH
OF NEW CASTLE, COLORADO AND LEGALLY DESCRIBED IN ATTACHMENT A.
WHEREAS, Lacy Orr and Gil Smith made an application to the Board of Adjustment (the
"Board") requesting the Board grant a variance from Section 3.02.06 "Agricultural / Residential /
Rural Density (A/R/RD)" of the Garfield County Resolution of 1978, as amended for a property
located in the "A/R/RD" Zone District;
WHEREAS, The Applicants are the owners of real property practically located at 6640
County Road 312 and located south of the Town of New Castle, CO and which requires a
minimum side -yard setback of ten (10) feet, pursuant to Section 3.02.06 of Zoning Resolution of
1978, as amended; and
WHEREAS, The Applicants specifically request the Board grant a variance from Section
3.02.06 of Zoning Resolution of 1978, as amended, for the existing illegal non -conforming
structures ; and
WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado,
for which the Board of County Commissioners is authorized to act; and
WHEREAS, pursuant to law, the Board of County Commissioners of Garfield County
has appointed the Garfield County Board of Adjustment; and
WHEREAS, the Garfield County Board of Adjustment conducted a public hearing on
June 25th, 2007, upon the question of whether the requested variances should be approved,
denied, or whether any action should be taken on this matter; and
WHEREAS, after full deliberations and consideration of the evidence and testimony
presented, the Garfield County Board of Adjustment approved the requested variance by a vote of
five to zero (4 — 0).
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. The request for this variance was initiated Lacy Orr and Gill Smith, requesting the Board
grant a variance from Section 3.02.06 of the Zoning Resolution of 1978, as amended, for a
property located in the "A/R/RD" Zone District.
2. Proper notice of the proposed variance has been provided to surrounding property owners in
accordance with Section 9.05.04 of the Garfield County Zoning Resolution of 1978, as
amended.
3. That the meeting before the Board of Adjustment was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard
at that meeting.
4. That for the above stated and other reasons, the proposed variance was determined to be in
the best interest of the health, safety, and welfare of the citizens of Garfield County.
5. That the variance does constitute the minimum necessary to alleviate such practical
difficulties or undue hardship upon the owner of said property;
6. That such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the General Plan or this
Resolution;
7. That the circumstances found to constitute a hardship were not caused by the applicant,
were not due to or the result of general conditions in the district, and cannot be practically
corrected;
8. That the property does not contain exceptional topographic conditions and does contain
other extraordinary and exceptional situations or conditions.
9. That the concurring vote of four (4) members of the Board was necessary to decide in
against the appellant.
Section 2. Request for Variance Approved.
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The Board of Adjustment does hereby approve a variance from Section 3.02.05, Maximum Lot
Coverage of 15% and located within the "A/R/RD" Zone District;
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the 24th day of September, 2007.
Chairperson
I, the undersigned duly appointed and acting Secretary to the Board of Adjustment
do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of
Adjustment of Garfield County, Colorado, at a meeting held on the day hereinabove stated.
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Secretary to the Board of Adjustment
ATTACHMENT A
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R arcel of land situated in LOt 8 of Section 30, Townshi "°'e�th, ange s oat
P p 7 South, `�ange�� ��es�
the Sixth Principal Meridian, lying Northerly of the Southerly line of said Sectio
30, said parcel being described as follows: Beginning at a point on the Southerly
line of said Section 30, whence the true position of the South Quarter Corner of s id
Section 30 (said corner being witnessed by an iron post with brass cap and properl
marked) bears: S. 89°55'23" W. 372.79 feet; thence N. 00°'04'37" W. 160.00 feet; th-Ince
N. 89°55'23" E. 160.00 feet; thence S. 00`04'37" E. 160.00 feet to a point on the
Southerly line of said Section 30; thence S. 8955'23" W. 160.00 feet along the So th-
erly line of said Section 30 to the point of beginning.
Excepting all oil, gas and other minerals in, on or under the above described prop ty,
andfurther excepting and reserving a 30 -foot road easement over and across said
property in a generally Easterly direction, beginning at the Easterly end of the road
easement described -below, and continuing as now in place.
Together with a 30 -foot road easement, being 15 feet on each side of the toliowing
described centerline: Beginning at a point on the Westerly line of the above described
parcel of land, said point being 107.67 feet, S. 00`.04'37" E. from the Northwest Corner
of the above described parcel of land; thence along said centerline, N. 68"04'37"
W.274.98 feet; thence 49.68 feet along the arc of a curve to the left, having a radius
of 180.55 feet, the chord of which hears: N. 75°-57'37" W. 49.53 feet; thence 53.05 feet
along the arc of a curve to the left, having a radius of 59.02 feet, the chord of which
bears: S. 70°24'21" W. 54.04 feet; thence S. 47°,08'43" W. 93.3.6 feet, more or less to a
point in the existing County Road; to be used jointly with parties of the first part,.
their heirs and assigns.
Subject to the easement and right-of-way for gas pipeline as shown on map of Rocky Mountain
Natural Gas Company, Inc., recorded July 17, 1969 as Reception No. 243890 insofar as any
of the above property is affected.
f
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