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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.16.1985• • BOCC 12/16/85 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Senate Bill 35 Exemption APPLICANT: Roy R. and Martha A. Rakich LOCATION: A parcel located in Section 1 of T7S, R89W; more practically described as a parcel located approximately 3 1/2 miles south of Glenwood Springs off of County Rd. 154. SITE DATA: The request is to split a 4.48 acre parcel into a 3.15 acre parcel and a 1.33 acre parcel. WATER: Individual wells SEWER: Individual sewage disposal systems EXISTING ZONING: Commercial/Limited (C/L) ADJACENT ZONING: North: R/L/SD, C/L South: C/L East: C/L West: C/L I. DESCRIPTION OF THE PROPOSAL It is proposed to split an existing 4.48 acre tract into two parcels of 3.15 acres and 1.33 acres. The 3.15 acre parcel will use an existing well and individual sewage disposal system. The 1.33 acre parcel will share a well on an adjacent piece of property owned by Nick Terliamis. Mr. Terliamis is purchasing the 1.33 acre tract of land for a contracting yard. A small individual sewage disposal system will be developed for the contractors yard. Access to the 1.33 acre parcel will be provided by an access easement off of County Road 154, through the 3.15 acre parcel. II. MAJOR ISSUES AND CONCERNS A. The well on the Terliamis property is an older well that is going through a late registration presently. A copy of the approved well permit should be submitted to the Planning Department. The proposed use of the well on the Terliamis property for the 1.33 acre parcel will need to be legally defined. The reason for this is the fact that Mr. Terliamis may decide to sell one or both parcels separately at some future date and the future landowners will need the assurance of a legal adequate source of water. A legally described access and maintenance easement from the 1.33 acre property line to the well and surrounding the well need to be created. A one-half interest in the well water rights and the legally described access and maintenance easement will have to be deeded to the 1.33 acre parcel from Mr. Terliamis. The same water right and access and maintenance easement should also be reflected in the deed for the 1.33 acre parcel. Additionally, the exemption plat should note the legally described access and maintenance easement, as a plat note. • • $, /. The 1.33 acre parcel is zoned Commercial/Limited, which allows a broad range of uses that have the potential for needing different water rights than those that would be allowed by the well permit. The late registration application notes the following uses: domestic, stock, lawn and garden irrigation, fire protection and toilet in shop for excavating business. Based on these limitations on use, the 1.33 acre parcel would be basically to a single family dwelling unit or toilet for a shop. A restaurant, professional office or other neavier water user would not be allowed based on the water rights associated with the well. A plat note should be included on the plat noting the water use limitation. C ,Z. Based on the fact that a shared well will be used for the 1.33 acre parcel, the zoning restrictions on lot size for an individual sewage disposal system can be met. If someone purchasing the property wanted to change the use limitations imposed by the well permit by obtaining a separate well permit, a variance will be needed for any new use due to a zoning limitation on lot size for individual well and individual sewage disposal system on a lot of less than two (2) acres. A plat note should be included on the exemption plat, noting this limitation. III.SUGGESTED FINDINGS 1. The proper posting and public notice was provided as required by the Subdivision Regulations of Garfield County for the meeting before the Board of County Commissioners; and 2. That the meeting 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 meeting; and 3. That the exemption from the definition of subdivision is approved with the understanding that the water rights to the 1.33 acre parcel limit the use of the property to domestic, stock, lawn and garden irrigation, and toilet in shop for excavating business; and 4. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. IV. RECOMMENDATION APPROVAL, with the following conditions: 1. That the following plat notes be included on the Exemption Plat: a) That the water rights associated with the 1.33 acre parcel limit the use of the property to domestic lawn and garden irrigation and a toilet for a shop for a contractors business. b) That the approval of an individual sewage disposal system on the 1.33 acre parcel is only valid for a single toilet for a contractors yard or a single family dwelling. 2. That a one-itskt interest in the water rights and a legally described water line and well access and maintenance easement be deeded to the 1.33 acre parcel from Mr. Terliamis well. That a plat not� belaced on the plat referencing the deed conveying the one fr'if- interest in the water rights and the water line and well access and maintenance easement.' tionall .. - g • • 3. That a copy of the approved well permit be submitted to the Planning Department. 4. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval, unless stated otherwise by the Board.