HomeMy WebLinkAbout1.0 Applicationi •
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to Section 30-28-101(10)(a)(d) C.R.S., 1973,
as amended, and the Subdivision Regulations of Garfield County,
Colorado, as amended, Nicholas T. Pittenger and Ruth L. Pittenger,
by their undersigned attorney hereby petition the Board of County
Commissioners of Garfield County to exempt by Resolution the
subdivision of a tract of land containing approximately 23.59
acres into two tracts of land, one containing approximately 5.36
acres, more or less, and the other containing 18.23 acres, more
or less, as depicted on Sketch Map, attached hereto as Exhibit A,
from the definition of subdivision and subdivided land as the
terms are used and defined under state law and under the Garfield
County Subdivision Regulations for the reasons stated below:
A. The property being subdivided has been under the
same ownership for more than five years and the proposed division
of property, together with any earlier permitted, will create no
more than three new tracts under 35 acres in size.
B. The 5.36 acre tract is intended to be conveyed to
Barry Joyce, who owns a 3 acre tract immediately adjoining it to
the east and the 5.36 acre tract will become part of the tract
already owned by said Joyce and no new parcel will be created.
C. The proposed subdivision will result in the creation
of tracts of land, each more than 2 acres in area, situated
within agricultural/rural/residential zoning.
D. The 18.23 acre parcel will be retained by the
applicants and is the present site of their single family residence
which is served by City of Rifle water and sewer. The 5.36 acre
parcel to be conveyed by Joyce will be served by individual
sewage disposal system in the event a single family residence is
built on the unified tract. The source of water for the 5.36
•
acre tract will be City of Rifle water taps provided by the City
of Rifle pursuant to easement agreement with said Barry Joyce,
copy of which is attached hereto as Exhibit B.
E. The parcel to be retained by applicants is provided
access via City of Rifle streets adjacent to the parcel. The
parcel to be conveyed to Joyce will be provided access through
the parcel already owned by Joyce, which is contiguous to State
Highway 13.
F. No live stream crosses or adjoins the tracts.
G. In support of this Petition, the applicant also
submits the following:
1. Copy of deeds to applicants' property and to
property of Barry Joyce, located adjacent to the 5.36 acre tract.
2. Vicinity Map.
3. Fee in the amount of $73.59, payable to the
Garfield County Treasurer.
4. Soil map and interpretations pertaining to
the subject property and the surrounding properties.
Submitted at Glenwood Springs, Colorado this vvday
of i' , 1980.
-2-
Nicholas T. Pittenger and
Ruth Pittenger by
Thomas W. Stuver #1411
Attorney for Petitioners
120 West Third
Rifle, CO 81650
Telephone: 625-1887