HomeMy WebLinkAbout2.0 BOCC Staff Report 05.14.1984BOCC 5/14/84
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: For a S.B. 35 Exemption
APPLICANT: William and Della Porter
LOCATION: Section 23, T7S, R92W; located
approximately 10 miles south of
Silt.
SITE DATA:
The site is 35 acres in size. The
proposal is to divide the 35 acres
into 3 lots of 23 acres, 8 acres
and 4 acres.
WATER: Existing domestic well
SEWER: Proposed and existing individual
septic systems
ACCESS: Off County road 342 and 327
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD in all directions
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site sits within District C, Rural Areas with Minor Environmental
Constraints. The Comprehensive Plan recommends that areas within
District C have one dwelling/five acres.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is relatively flat and has two
gullies running through the property. The site is currently used
for agriculture and residential purposes. There are currently
three houses on the parcel (two older homes and one which was
issued a building permit in 1982).
B. Project Description: The applicants wish to create three lots
out of the 35 acre site. The proposed lots are naturally divided
by gullies creating a 4 acre, an 3 acre and a 23 acre lot.
III.MAJOR ISSUES AND CONCERNS
1. This application was received and reviewed prior to enactment of
the new Subdivision and Exemption Regulations.
2. The 35 acre tract was recently created. The applicants split the
35 acre parcel off of the 160 acre tract in January, 1984.
3. The 35 acre site contains three homes. Two of the homes are
older homes and one is a relatively new home. The building
permit for the newer house was issued in 1982, under the
assumption that the residence was on a 35 acre parcel separate
from any other principal uses. Because this is not the case,
there now exists 3 principal uses on one lot.
4. The granting of this exemption would create 3 lots. The 23 acre
lot would contain the two older homes, the 8 acre lot would
contain the home built in 1982. The proposed 4 acre lot is
currently vacant.
5. The 4 acre lot includes a gully which reduces the amount of
buildable space on the lot, however, it would be possible for a
home to meet the required building and septic setbacks on this
parcel. The parcel is too small to be used for agricultural
purposes.
6. The Garfield County Comprehensive Plan suggests a minimum size of
5 acre lots in District C. The Garfield County Zoning
Regulations for the A/R/RD zone district require a minimum of 2
acres for each lot.
7. The immediate area contains several parcels which were created
through the exemption process including lots ranging in size from
2.4 acres, to 20 acres and larger.
3. The proposal is to serve the three lots with an existing domestic
well. Currently, three homes use the well, howevcer the
applicants stated that the one older house would be taken off the
well in order to serve one of the proposed new lots. Thus far,
no response has been received from the Division of Water
Resources regarding this proposal.
9. The 4 acre parcel is located at the intersection of two County
roads. The County Road Supervisor has noted that the access
drive for this parcel roust be a minimum of 100' from the
intersection. A driveway permit will be necessary for this lot.
IV. SUGGESTED FINDINGS
1. That 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 use will be compatible with existing and
permitted land uses in all directions.
3. That for the above stated and other reasons, the proposed zoning
is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
APPROVAL of the S.B. 35 exemption request with the following
conditions:
1. That a letter be received from the Division of Water Resources
approving the proposed use of the domestic well or that a new
individual well permit be obtained for the 4 acre lot.
2. That a driveway access permit be obtained from the Garfield
County Road and Bridge Department for the 4 acre lot, prior to
final approval.
3. That a plat of the three lots be submitted to the Department of
Development including the following information:
a. Legal descriptions of each lot shall be written separately
on the plat including the legal description of all water
line, well and ditch easements.
b. All water line, well and ditch easements be shown on the
plat.
c. There shall be signature blocks for the County Surveyor and
the Board of County Commissioners.
d. The plat shall read Porter Exemption and make reference to
the Resolution Number approving the exemption.
cf
4. That prior to final approval, $400.00 ($200.00 per lot) shall be
paid to the Department of Development for the School Impact fee.
5. The deeds for the three parcels shall include all waterline, well
and ditch easements. These deeds shall be reviewed by the
Garfield County Attorney prior to final approval.
6. All conditions must be met within 120 days.
/App