HomeMy WebLinkAbout2.0 BOCC Staff Report 02.06.1984PROJECT NAME:
APPLICANT:
LOCATION:
SITE DATA:
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BOCC 2/6/84
PROJECT INFORMATION AND STAFF COMMENT
Request for a S.B. 35
Exemption
Barton Porter
Section 18, T6S, R90W;
8 miles south of New
Castle off County Rd. 335
The site is a 5 acre
parcel on a 3600 acre
parcel. The 5 acre site
was illegally created in
March, 1983
WATER: Existing individual well
SEWER:
EXISTING ZONING:
ADJACENT ZONING:
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
Existing individual
septic system.
A/R/RD
A/R/RD in all directions.
The site sits in districts D and E of the Comprehensive Plan. These
are Rural Areas with Moderate and Severe Environmental Constraints.
The density suggested in the Comprehensive Plan for these areas are
one dwelling unit per five acres.
II. DESCRIPTION OF PROPOSAL:
A. Site Description: The five acre site is basically a south facing,
steep hillside with a driveway cut up a gulch and winding up to an
existing home.
B. Project Description: The applicant proposes to divide a five acre
lot off of the 3600 acre parcel. The parcel is to go to the
applicant's son.
History: In 1983, the Assessors Office discovered that the subject
five acre parcel had been illegally subdivided. The applicant was
contacted by the Department of Development and decided to apply for a
S.B. 35 exemption to clear up the illegal action.
III.MAJOR CONCERNS AND ISSUES:
A. Reviewing Agency Comments:
1. The Division of Water Resources has not yet responded
regarding the well situation.
B. Staff Comments:
1. The applicant's son is currently using an existing well on
the five acre parcel. This is an older well that does not
have a well permit according to the applicant.
2. The proposal meets the density suggestion of the
Comprehensive Plan and the Density requirement of the
Garfield County Zoning regulations.
3. The five acre site does not appear to be land useable
for agricultural purposes.
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IV. 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 land use is compatible with the density
suggestions in the Comprehensive Plan.
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 from the Division of Water Resources
approving the existing well or a copy of a new well
permit from the Division of Water Resources be
submitted to the Department of Development prior to
final approval.
2. That $200.00 be submitted to the Department of Development
for the School Impact fee.
3. That a plat shall be filed in the Clerk and Recorder's
office. This plat shall include the following:
1. A vicinity map showing the outline
of the 3600 acre ranch and the location
of the 5 acre parcel.
2. A written legal description and a
survey outline of the 5 acre parcel.
3. The plat shall be signed by the County
Surveyor and the Board of County Commissioners.
4. The plat shall read Porter exemption and
make reference to the Resolution number of
approval.
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