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HomeMy WebLinkAbout4.0 BOCC Staff Report 12.08.2003PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: PROPERTY LOCATION: BOCC 12/08/03 FJ Request for an Extension to file an Exemption Plat for an Exemption from the Definition of Subdivision Radimo Ltd. and John McBride The subject property is located approximately 2 miles east of Rifle, on Highways 6 & 24 I. BACKGROUND As you are aware, the Board approved an Exemption from the Definition of Subdivision for the Applicant on August 4, 2003. The approval required the Applicant to satisfy all the conditions of approval and present a plat to the Board for signature within 120 days of the approval which would expire on December 4, 2003. II. REQUEST The Applicant requests the Board grant a 60 -day extension from the date of originally required deadline in order to complete the conditions of approval for the Exemption. (Please see letter attached as ExhibitA). This extension, if approved, would expire on February 4, 2004. The request is based on additional time needed to finalize and obtain a railroad right-of-way license required prior to final plat. III. BOCC AUTHORITY As a matter of past policy, it has been the practice of the Board to grant 1 -year extensions for Applicants who have received an approval for an Exemption to complete conditions of approval. IV. STAFF RECOMMENDATION Based on the above, Staff recommends the Board grant an extension for 1 -year from the date of the original approval to August 4, 2004 for the Radimo Ltd. / McBride Exemption from the Definition of Subdivision. JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE AMANDA N. MAURER DEBORAH DAVIS* DAVID P. JONES * ALSO ADMITTED TO PRACTICE IN NEW YORK AND MISSOURI EXHIBIT 410 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 Mark Bean 108 8th Street, Ste 201 Glenwood Springs, CO 81601 Dear Mark: Telephone: 970.945.6546 Facsimile: 970.945.8902 www.balcombgreen.com November 26, 2003 RE: Radimo, Ltd. / McBride Exemption OF COUNSEL: KENNETH BALCOMB Relevant to the above -referenced matter, the above -referenced Applicant, by this letter, would request an extension of the 120 -day time period for filing of the Exemption Plat. Under this approval Applicant was required to obtain, among other things and prior to finalizing the Exemption Plat, a railroad right-of-way license with Union Pacific Railroad Company. We are in the process of finalizing this license; however, we have been delayed due to the insurance requirements. Although we expect to resolve this issue fairly soon, we request a 60 -day extension to provide a margin of safety in this regard. TAT: sv cc: Don Deford Very truly yours, BALCOMB & GREEN, P.C. By r T', by A. Thulson