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HomeMy WebLinkAbout2.0 Director's Determination 08.26.2013August 26, 2013 Tim Thulson Balcomb & Green, PC 818 Colorado Avenue Glenwood Springs, CO 81601 tim@balcombgreen.com eld Cou Community Development 108 8th Street, Suite 401, Glenwood Springs. CO 8 160 I Office: 970-945-82 12 Fax : 970-384-3470 DIRECTOR DETERMINATION -Aspen Glen, Filing 1, Lot 0-11 Garfield County File Number FPAA-7635 Dear Tim, This letter is provided to you, as the authorized representative of L&M 0-11, LLC, as notification that your request to amend the final plat of Aspen Glen, Filing 1, Lot 0-11 to create two parcels along the common party wall of the existing duplex unit has been reviewed and the Director hereby issues a determination conditionally approving the request. The conditions of approval are as follows: 1. That all review comments received from Community Development and the County Surveyor have been adequately addressed. 2. Prior to scheduling the plat for Board of County Commissioner signature, the applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder and County Surveyor. 3. Within 90 days of this determination the Amended Plat shall be signed by the Chairman of the Board of County Commissioners and recorded in the office of the Garfield County Clerk and Recorder. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor. 4. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat and the executed Party-Wall Agreement. Notice of this decision will be provided to the Board of County Commissioners who has the ability to 'call-up' the application for review at a public hearing. You will be notified of the Board decision once it is received or upon expiration of the 10 day notice period (September 5, 2013). Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions regarding this decision. Sincerely, ~ (JV<:--~ Fred A. Jarman, /Jr,p Director of Community Development Attachment Cc: BOCC File Sean Martin 2 A.REQUEST ASPEN GLEN FILING 1, LOT 0-11 -AMENDED FINAL PLAT DIRECTOR DETERMIINATION AUGUST 26, 2013 The owner of Lot 0-11 , L&M 0-11 , LLC has requested an amended plat to create separate parcels based upon the existing party wall of the duplex unit. The site is located within the Aspen Glen PUO which has specified the "0" lots as permitted for duplex units that may be subdivided through this process. Lot 0-11 is .76-acres in size and the proposal is to create Lot 011-A which would be .392-acres and Lot 011 -B which would be .373-acres. B. APPLICABLE REGULATIONS The process for allowing a 'duplex split' follows the Amended Final Plat process contained in Section 5-305 of the Land Use and Development Code, 2013, which stipulates an Administrative Review procedure with the Plat being presented to the Board of County Commissioners for signature and recording in the Office of the Clerk and Recorder. Criteria for the review have been satisfied as listed below: 5-305 Review Criteria 1. Does not increase the number of lots; Staff Comment: This application does increase the numbers of lots, however this 'Duplex Split' process is permitted by the Aspen Glen PUD and this process has been utilized to allow this subdivision. 2. Does not result in a major relocation of a road or add 1 or more new roads; and Staff Comment: No new road or relocation of roads is proposed. 3. Will correct technical errors such as surveying or drafting errors. Staff Comment: This plat is not correcting technical errors. C. REFERRAL AGENCY COMMENTS 1. The County Surveyor has reviewed the proposed amended plat and had no comment. 2. The Aspen Glen Design Review Committee has reviewed the application and had no comment. D. RECOMMENDATION Staff recommends that the Director of Community Development approve the requested plat amendment with the following conditions: 1. That all plat review comments received from Community Development have been adequately addressed . 2. Prior to scheduling the plat for Board of County Commissioner signature, the applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder and County Surveyor as well as an executed party-wall agreement. 3. Within 90 days of this determination the Amended Plat shall be signed by the Chairman of the Board of County Commissioners and recorded in the office of the Garfield County Clerk and Recorder. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor. 4. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat and the Party-Wall Agreement. 2