HomeMy WebLinkAbout3.0 BOCC Memo 11.10.1994• •
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Dave Michaelson, Planning Department
DATE: November 10, 1994
RE: PETTS/HOLMES SUBDIVISION EXEMPTION
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Background
On August 15th, 1994, the Board of County Commissioners held a public meeting to consider
an exemption request in the Upper Cattle Creek area. The hearing was continued to September
6th, 1994 to address issues such as compatibility and slope constraints. During the September
6th meeting, an error in noticing required that the applicant's re -notice the meeting for
November 14th, 1994.
The staff report on the proposed exemption has been previously submitted to the Board on
August 8th and September 6th. Additional copies will be available on November 14th.
Compliance with Section 8.52 of the Subdivision Regulations
Section 8.52 of the Garfield County Subdivision Regulations reads as follows:
"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, and is not part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State of Federal highway, County Road or railroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, 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;"
Staff has requested on two occasions that the applicant submit evidence regarding the status
of the parent parcel on January 1st, 1973. To date, no such evidence has been submitted. Staff
received copies of a 1971 and 1976 deed for the property. Both deeds describe the same legal
parcel.
Staff has graphically depicted the configuration of the parcel during this period on page
The area shown in blue represents the configuration on January 1st of 1973. The
area in hatching depicts the parcel currently proposed for exemption. Further research by Staff
has concluded that the following splits have occurred since January lst, 1973:
• The Fender's split a 2.5 acre parcel from the body of the ranch in 1984, at the northeast
corner of the current parcel.
• Cottonwood Hollow, a 40 acre, 16 -lot subdivision was platted in 1980, and_ included
land in both Garfield and Eagle Counties.
• •
In short, the parcel has been split 17 times since 1973. It is important to note that the
relationship between the parcel and the Eagle/Garfield county line is immaterial to the
exemption regulations. There is no reference to the existence of county lines as it relates to the
legal description of a parcel.
Division by Natural Features
Section 8.52 does allow an applicant that does not meet the January 1, 1973 criteria to apply
for splits based on "natural divisions". Natural divisions are defined as "a public right-of-way
or natural feature" preventing joint use of the parcels. The proposed exemption is shown on
page"' . Staff would suggest that Lots 2 and 3 on the north side of County Road 113
would have to be combined into a 14.2 acre parcel to meet the requirements of a natural
division. Lot 1, at the north end of the parcel, could potentially be requested, but would have
to use the County Road as the southern boundary line. Staff notes that a 2 -acre parcel is
clearly incompatible with the adjacent parcels in the area.
Staff Recommendation
• That the original request for four (4) lots be denied.
• That Lots 2 and 3 be combined into a 14.2 acre parcel based on the natural split of
County Road 113.
• That Lot 1 be denied based on the incompatibility of the proposed exemption with
adjacent, low-density agricultural/residential uses.
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DEPARTI\ ENT OF THE INTERIOR
GEC, LOGICAL SURVEY
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