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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTIONS Pursuant to 1973 Colorado Revised Statutes, 30-28-101 (10)(d) the under- signed, on behalf of William R. Slattery and Judith J. Slattery, respectively petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of a parcel of land into four (4) separate parcels as shown on the plat attached hereto marked Exhibit "A" and by reference made a part hereof, and as grounds therefor states the following: 1. That Parcels A, B, C and D as hown on Exhibit "A", are owned by the applicants herein; however, the acquisition of title to the total land area encompassed by said four parcels was acquired at different times by the applicants, from different individuals and by different descriptions than those which describe said Parcels A, B, C and D. For example, all of Parcel A, and that portion of Parcel B lying southeasterly of the westerly lot line of Lot 9 in Section 1, was acquired by the applicants from Patrick Coryell quite a number of years ago. That portion of Parcel B lying southeasterly of the westerly lot line of Lot 9, in Section 1 contains the applicants' present cabinet shop building and parking lot, while that portion of Parcel B lying northwesterly of the westerly lot line of Lot 9 in Section 1 is presently utilized in con- junction with said cabinet shop, and thus are being combined into one parcel. 2. Parcel D consists of the westerly half of a larger parcel of land acquired from Patrick Coryell in 1977 by the applicants and Merle Carver, each of the parties contributing equally to the purchase price. However, title to this parcel was taken in the name of William R. Slattery, because at that time there was no speedy method of partitioning such larger parcel. Such larger parcel consists of that strip of land as shown on Exhibit "A" which is composed entirely of Parcel D and the northwesterly portion of Parcel C lying entirely within Lot 35, Section 1. If the exemption sought herein is granted it is the intention of the applicants to convey Parcel D to Merle Carver. Merle Carver then intends to utilize Parcel D in conjunction with an abutting parcel of land owned by Carver immediately to the west of Parcel D and lying entirely within Lot 34, Section 1. • • 3. An exemption for Parcel C is being requested to enable the applicants to construct and build a separate business on such parcel separate and apart from the existing cabinet shop located on Parcel B. 4. An exemption to divide Parcel A from the remaining property owned by applicants is being requested because Parcel A is so long and narrow that it is not feasibly usable as a part of Parcel B. 5. At the present time Parcel A, and that portion of Parcel B lying entirely within Lot 9 of Section 1 is zoned Commercial/General under the Garfield County Zoning Ordinance. Concurrently with this exemption application the applicant is filing a Petition to rezone that portion of Parcel B lying within Lot 10 of Section 1, and all of Parcel C so that, if such zoning change is granted, said property will be zoned Commercial/General also. No zoning change is or will be sought for Parcel D, and as stated above, that parcel will be transferred to Merle Carver. 6. The legal descriptions of the aforesaid parcels are as follows: PARCEL A: A parcel of land situated in Lot 9 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad (Aspen Branch) and Northeasterly of the Northeasterly right-of-way line of a County Road being old State Highway No. 82, said parcel is described as follows: Beginning at a point on the Southwesterly right-of-way line of said Railroad whence a brass cap found in place and properly marked for the Northwest corner of said Lot 9 bears: N. 57°36' 00" W., 294.72 feet, and N. 39°19'49" E., 82.43 feet; thence S. 57°36'00" E., 665.20 feet along the Southwesterly right-of- way line of said Railroad; thence 188.39 feet along the Southwesterly right-of-way line of said railroad, on a curve with an arc to the right, having a radius of 1809.86 feet, and a chord of which bears S. 54°37'05" E., 188.30 feet; thence S. 00°34'00" E., 54.14 feet to a point on the Northeasterly right- of-way line of said County Road; thence N. 53°28'51" W., 420.44 feet along the Northeasterly right-of-way line of said County Road; thence 204.94 feet along the Northeasterly right-of-way line of said County Road, on a curve with an arc to the left, having a radius of 1513.90 feet and a chord of which bears N. 57°21'32" W., 204.78 feet; thence N. 61°14'13" W., 256.53 feet along the Northeasterly right-of-way line of said County Road; thence N. 28°45'47" E., 40.51 feet to a point on the Southwesterly right-of-way line of said Railroad, the Point of Beginning. The above described parcel of land contains 0.60 acres more or less. -2- • • PARCEL B: A parcel of land situated in Lot 9 and Lot 10 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad, and Northeasterly of the Northeasterly right-of-way line of a County Road being old State Highway No. 82, said parcel is described as follows: Beginning at a point on the Southwesterly right-of-way line of said Railroad, whence an iron post with a brass cap found in place and properly marked for the Northwest corner of said Lot 9 being also the Northeast corner of said Lot 10 bears: N. 39°19'49" E., 82.43 feet; thence S. 57°36'00" E., 294.72 feet along the Southwesterly right-of-way line of said Railroad; thence S. 28°45'47" W., 40.51 feet to a point on the Northeasterly right-of-way line of said County Road; thence N. 61°14'13" W., 200.00 feet along the Northeasterly right-of-way line of said County Road to a point on the line common to said Lots 9 and 10; thence N. 61°49'00" W., 48.91 feet along the Northeasterly right- of-way line of said County Road; thence N. 60°23'31" W., 46.09 feet along the Northeasterly right-of-way line of said County Road; thence N. 29°36'29" E., 59.03 feet to a point on the Southwesterly right-of-way line of said Railroad the Point of Beginning. The above described parcel of land contains 0.34 acres more or less. PARCEL C: A parcel of land situated in Lot 10 and Lot 35 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad (Aspen Branch), and Northeasterly of the Northeasterly right-of-way line of a County Road being old State Highway No. 82, said parcel of land is described as follows: Beginning at a point on the Northeasterly right-of-way line of said County Road whence an iron post with a brass cap found in place and properly marked for the Southwest corner of said Lot 35 bears: S. 70°05'36" W., 137.12 feet; thence N. 27°53'21" E., 69.03 feet to a point on the Southwesterly right-of-way line of said Railroad; thence 217.92 feet along the said Railroad right-of-way line on an arc of a curve to the right, having a radius of 2525.14 feet and a chord of which bears: S. 60°05' 42" E., 217.86 feet to a point on the Southerly line of said Lot 35; thence S. 57°36'00" E., 119.16 feet along the Southwesterly right-of-way line of said Railroad; thence S. 29°36'29" W., 59.03 feet to a point on the Northeasterly right-of-way line of said County Road; thence N. 60°23'31" W., 233.82 feet along the Northeasterly right-of-way line of said County Road; thence N. 62°06'39" W., 101.03 feet along the Northeasterly right-of-way line of said County Road; to the Point of Beginning. The above described parcel of land contains 0.48 acres more or less. -3- • • PARCEL D: A parcel of land situated in Lot 35 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, lying Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad (Aspen Branch), Northeasterly of the Northeasterly right-of-way line of a County Road being old State Highway No. 82, and Easterly of the Westerly line of said Lot 35, said parcel of land is described as follows: Beginning at a point on the Northeasterly right-of-way line of said County Road, said point being on the Westerly line of said Lot 35 whence an iron post with a brass cap found in place and properly marked for the Southwest corner of said Lot 35 bears: S. 01°31'00" E., 114.30 feet; thence N. O1°31'00" W., 72.24 feet along the Westerly line of said Lot 35 to a point on the South- westerly right-of-way line of said railroad; thence 183.93 feet along the arc of a curve to the right, having a radius of 2525.14 feet, the chord of which bears; S. 58°23'38" E., 183.89 feet; thence S. 27°53'21" W., 69.03 feet to a point on the Northeasterly right-of-way line of said County Road; thence N. 62°06'39" W., 93.57 feet along the Northeasterly right-of-way line of said County Road; thence N. 64°12'15" W., 54.70 feet along the Northeasterly right-of-way line of said County Road to a point on the West line of said Lot 35, the Point of Beginning. The above described parcel of land contains 0.23 acres more or less. 7. All of the above parcels front on Old State Highway No. 82 (County Road 154). 8. Water is available to Parcels A, B and C from a well located on Parcel B and currently utilized by the applicant to service the water needs of his cabinet shop as located on Parcel B. Sufficient water is available from this well to provide water for Parcel A and Parcel C. WHEREFORE, applicant requests that the Board of County Commissioners of Garfield County, Colorado grant him an exemption to divide the property shown on Exhibit "A" for future transfer and conveyance, into those parcels designated thereon as Parcel A, B, C and D according to the legal descriptions included herein. Dated at Glenwood Springs, Colorado this /2 day of ,G , 1978. Jo ,P' L. Kemp Attorney and Agent for William R. Slattery and Judith J. Slattery 292 Proceedings of the Board of County Commissioners, Garfield County, Colo., JULY , 19 78 Mr. Cerise moved that the county write a letter to the Council of Governments supporting increasing the staff by one person, to be paid through an FHA grant. Mr. Velasquez stepped down as chairman to second the motion. Mr. Cerise and Mr. Velasquez voted in favor of the motion and Mr. Jolley was opposed. Motion carried. Meeting adjourned at 11:15 a.m. clC ^mil!lfB `, Deputy Cle sof the Board� Chairman MONDAY, JULY 17, 1978 The regular meeting of the Garfield County Board of Commissioners was held on Monday, July 17, 1978, beginning at 10:00 a.m. Present were Chairman Larry Velasquez, Commissioners Flaven Cerise and Dick Jolley and Secretary Nancy Page. Assistant County Attorney K. T. Johnson was present. Mr. Cerise asked him about the status of the Hunter Mesa Road. He said he has been in contact with the attorney for the Spika estate and the matter is almost settled. The county should be able to re -open it soon. Mr. Johnson presented a contract with the state on the oil shale funds for the airport. County Planner Bob Witkowski had a similar contract with the state for oil shale funds for planning use. Mr. Cerise moved that the Chairman be authorized to sign both contracts. Seconded by Mr. Jolley and carried unanimously. A public hearing was held on the Rifle Service Park. Present were Pierre Barthelemy, the developer, and Mr. Witkowski and an adjacent landowner, Les Hollings. This is located one mile east of Rifle near the Cottonwood Springs mobile home park. Mr. Witkowski said that the Planning Commission had recommended approval of the park subject to four conditions. 1) Access for three lots will be off Highway 6 g 24 and the rest from the county road. 2) Fire protection - Mr. Barthelemy plans to hook onto the Rifle water system but until he does, is planning to drill wells and pump from the wells. The Planning Commission put a 20,000 square foot building limit on this proposal, but at such time as he is on Rifle water, he can develop the rest of the park. 3) Since the Water Quality Control Commission probably would not approve another central sewer system in the immediate area, Mr. Barthelemy has made arrangements with the Cottonwood Springs people to tap onto their system. 4) A PUD writes its own zoning regulations and since this is commercial, the setback requirements will be different. Also, Mr. Barthelemy is requesting a waiver from the 25% open space requirement since there will be no residential buildings unless in connection with a business. Landscaping plans will be shown on the preliminary plat. Mr. Witkowski said he recommends approval, and noted that all legal requirements have been met. Mr. Cerise asked if there were plans to backfill the land since it is rather marshy. Mr. Barthelemy said he would fill as needed. Mr. Hollings said he had no problems with the development. Mr. Witkowski said that although Mr. Barthelemy's original plans were to tap onto Rifle's water system, he is now interested in hooking onto the Cottonwood Springs system. He said the Planning Commission might be concerned unless Cottonwood increased their storage capacity. Mr. Barthelemy said if it were not possible, he would hook onto the Rifle system. Mr. Jolley asked him if he had a letter of intent from Rifle and Mr. Barthelemy said he did not, but anticipated no problem. Mr. Velasquez asked how many single family units were included. Mr. Barthelemy explained he is not planning to put any in as such but that it was possible to include an apartment for security reasons, etc. Mr. Hollings asked if there would be a fence around the park. Mr. Barthelemy said any open storage would be fenced, but there would not be a fence around the entire project. Mr. Jolley moved that the zone change for the Rifle Service Park PUD be approved with the four conditions recommended by the Planning Commission, pending the review and approval by the Planning Commission of the rewording of condition #1 saying that adequate fire protection must be provided. Seconded by Mr. Cerise and carried unanimously. Planning Assistant Stephanie Andreasen was present along with John Kemp and Bill Slattery. Mr. Slattery is requesting exemption from SB -35. He owns five contiguous parcels and would like to change boundary lines, ending up with four parcels. For business reasons, he wants to keep the parcels separate. He intends to then apply for rezoning of one parcel to Commercial/Limited. He does not feel there would be any objections from the neighbors on this because when he previously applied for rezoning with Jon Fergen and Merle Carver, the objections were concerning the Fergen property. Ms. Andreason said there were no problems from a planning viewpoint. There is adequate water. Mr. Jolley moved that the SB -35 exemption be approved. Seconded by Mr. Cerise and carried unanimously. Mr. Jolley moved that the matter be referred to the Planning Commission for the zone change. Seconded by Mr. Cerise and carried unanimously. Resolution #78-71. Fee of $52.00 paid. A meeting was held concerning the formation of a county impact committee. Present were Kelley Meyer of the Rifle Impact Committee, Dr. Marty Redding of Quality Development Assoc., COG Director Bob Demos, Glenwood Springs City Manager John West, and Valley View Hospital Administrator George Cowan. Mr. Meyer said they felt that oil shale impact would equally impact the east end of the county and there should be county -wide representation. He said that Valley View Hospital wants to apply for funds, but the Rifle committee felt they could not prioritize Glenwood's needs, and it became apparent that county -wide participation was needed. Mr. Meyer said they are suggesting that the elected officials be the ones to priortize. There should be impact committees from the Rifle area, including New Castle, Silt and Grand Valley, and a committee each for Glenwood and Carbondale. These 3 committees would then bring the results of their studies to a core committee for finalizing. The core committee could consist of the chairman of the commissioners, the mayor or city manager from each town, the COG director, representatives of the state and federal governments, representatives of area industries and the chairman of each impact committee. Mr. Cerise questioned the need for more than one impact committee, and does not feel it is fair for the commissioners to do the entire prioritizing process. Dr. Redding said that two advisory groups would be more familiar with the needs of their own communities. Mr. West said it would be a good way to start, that Glenwood has never received any oil shale money, and that he feels the commissioners should do the prioritizing. Mr. Meyer said the committees would have to meet quarterly for impact funds, and annually for oil shale funds. No action was taken, but it was agreed to study the matter further.