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Home My WebLink About5.0 Director's Decision 02.27.2015Director Decision, February 27, 2015 Exhibits — Amended Plat — Aspen Glen Filing 1, Lots D37A and D37B Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Letter dated February 12, 2015 from Planning Staff regarding plat comments G Email dated January 28, 2015 from Leslie Lamont, AGDRB H Email dated February 20, 2015 from Scott Aibner, County Surveyor I Director Decision letter J Revised Draft Plat received February 24, 2015 K L M N 0 P Q R S T U 1. . •os a ervice,. CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comr, PALM DE$ERItA42i11.r. 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(Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comz., . LARGOlj 30167: 1:‘ " •t, • Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $0.49 $3.30 $0.00 $0.00 $ 83.79 046,.,-;rpfc:,,A 14 Postmark .,, 191015 l' 02/09/2015-' Sent To Street, Apt. No.; or PO Box No. 4a /Jk City, State, ZIP7J_ ein,...,0 ,377o PS Form 381) tts, •20. , See Reverse for Instruction .S. Postal ServiceTM CERTIFIED MAILTM RECEIPT 1 (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma CARBONDALE CO 81623 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee D (Endorsement Required) m J3 rU m D Total Postage & Fees $ $0.49 $3.30 $0.00 80.00 83.79 0 , Postmark FE/4 Here 9 20/5 / ,i2A19t2J113-' '4/ Se?", Street, Apt. 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August 2006 av See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma SHERMAN OAKS CA91423 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees S $ 80.49 Postm Here FEB 9 2015 Street, Apt. o.; or PO Box No. (.14 Cit), Star OP f d 40190 PS Form 3800, August 2006 See Reverse fur Instructions 44e - U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provide For delivery information visit our website at www.usps.come OXFORg,, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees • ,ti U • 7U ,s $ $0.49 $3.30 $0.00 $0.(j0 J $ 83.79 Sent To Street, or PO Box No.17 0 City, State, ZIP+4 PS Form 3800, August 2006 ek/Laz_.i044f' ,110A1 See Reverse for Instructions- c1:1 r3 ru J3 N D D D D 1=3 171 —0 ru m r -R N m 11-1 r - D D D D m ru m ru m ru J3 r - ED D D m .13 ru m r -R r- 1 . •os a - T TM CERTIFIED MAILTM RECEIPT i(Domestic Mail Only; No insurance Coverage Provided) For delivery Information visit our website at www.usps.come QI. cRBotAtE LO:;81.623 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees no $ or PO Box No. $ 80.49 $0.00 04 •„. Postmark', Here FEB 920151r 12MY 4 0 a7"' '1111-/c2 g oP City ate, ZIP+ 01. PS Form 3800, August 2006 41v, See Reverse for Instruction /6,23 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.coms CARBO ECO Of62i Postage $ Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 80.49 •11 $0.00 80.00 $ 83.79 ONCE p%,' Postmark Here FEB 9 2015 0 Street, Apt. No.; or PO Box No. / City, State. P+4 PS Form 3800, August 2006 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comz Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $0.49 83.30 $ 83.79 Postm Here FER 9 2015 Sent To Street, Apt. No., or PO Box No. / 7(49_ / City, State -+ Ca_ PSForm3800, August 2006 4 349- See Reverse for Instruction 1. . mos a erviceTr., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) • I • u.• •r "• • n BASAL Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ 30.49 $3.30 $0.00 30.00 Total Postage & Fees $ 33.79 Sent To 444 Street, Apt. No.; 1J 1� or PO Box No. City, State, ZIP+4 04•` FE Postma Here 92015 /09/201; , 0? OP See Reverse for Instructions U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent T StreAf,'Apt. No.; or PO Box No. City, State, IP}4 3 3 3 ?ULi CtiJu $ 30.49 33.30, '44`^1 Postmark FEB''2OJ5 ro / $ 33.79 02)11 Nov,2,PL4/-06.1\9 - -- - ------------ ,►0151302 30.00 $0.00 QC4) orm : r i, • ugust 2006 U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come See eversefor lnstructions BLOM HGTON IL 61702 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery. Fee (Endorsement Required) Total Postage & Fees 10.(10 33.79 Sent To Towes ,fir r5,4 Street, Apt. o.; or PO Box No. 1Y% PS Form 3800, August 2006 .; 4 Post - Here FEB 9 2015 0 02/09/201V 1 �,,� '3.27L , /'70 See Reverse for Instructions m D ▪ Street, Apt. -- • or PO Box No /s(5%3 S to . . ' ostal ServiceTr., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, CARBONDALE CO 81623 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To e P F Here B 92015 2.5 -SII--. nJ —u D .-D N D D D m ru m r4 D C'ty t sr i PS Form 3800, August 2006 See Reverse for Instruction U.S. Postal Service. CERTIFIED Iail y TM MAIL; No RECEIPT(Domestic nce Provided) For delivery Information visit our website at www.usps.come Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To tmark 4Here Ps FEB 92015 ---3 5 �L Street, Apt. No.; or PO Box No. City,.ate, ZI PS Form 3800, August 2006 See Reverse tor Instruction U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comn rt f{ Aa SHERt1 K ON(S Postage Certified Fee Retum Receipt Fee D (Endorsement Required) D Restricted DeliveryFee (Endorsement Required) m SI Total Postage & Fees rU m r -R 0 N Sent To _-D --- Street, Apt. Noa or PO Box Nor? a -------------------/------ city stew `� PS Form 3800, August 2006 14 Postmark FEB /1115▪ r 02/09/2015 1 See Reverse forinstr EXHIBIT ASPEN GLEN FILING 1, LOTS D -37A AND D37B - AMENDED FINAL DIRECTOR DETERMIINATION FEBRUARY 27, 2015 A. REQUEST The owners of Lots D37A, The Norris D. Ewalt Trust and the Susan M. Ewalt Trust; and the owner of Lot 37B, Dennis Murphy, have requested an amended plat to move a common lot line created by the duplex subdivision of the property. This proposed change will not affect the lots size of either parcel. The proposed plat, below, indicates the proposed lot line change. 1 Second Amended Plat Aspen Glen Filing 1, Lots D -37A and D -37B Garfield Co ty. Colorado SurvCo, Inc. Rot G,. cewetete. UN SuMY* 9,0.• Parre C.1¢0 gem .,,,..n of ti pie:'•+e.e B. APPLICABLE REGULATIONS The request shall follow the Amended Final Plat process in Section 5-305 of the 2013 Land Use and Development Code, as amended, (ULUR) 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 not increase the numbers of lots. 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. 2 Staff Comment: This plat is not correcting technical errors. C. REFERRAL AGENCY COMMENTS 1. The County Surveyor has reviewed the proposed amended plat, EXHIBIT H, and had no comment. 2. The Aspen Glen Design Review Committee has reviewed the application and has no comment, EXHIBIT G. 3. Staff provided comments to the Applicant, EXHIBIT F, related to plat requirements and the issues identified have been adequately addressed D. RECOMMENDATION Staff recommends that the Director of Community Development approve the requested plat amendment with the following conditions: 1. That all representations made by the Applicant shall be considered conditions of approval unless otherwise amended by the Director decision. 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. 4. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat. 3 Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 February 12, 2015 Norris and Susan Ewalt 22 Seeburg Circle Carbondale, CO 81623 norrisewaltAgmail.com EXHIBIT Reference: Amended Plat - Aspen Glen, Filing 1, Lots D -37A and D -37G Garfield County File Number FPAA8197 Dear Mr. and Mrs. Ewalt; County staff has reviewed the submitted draft amended plat and have the following changes that are required: 1. The title of the plat shall be amended as follows: Second Amended Plat Aspen Glen Filing 1, Lots D -37A and D -37B Garfield County, Colorado 2. The owners of Lot D -37A are two separate trusts. The Norris D. Ewalt Trust, with Norris D. Ewalt as authorized Trustee; and the Susan M. Ewalt Trust, with Susan M. Ewalt as authorized Trustee. The Certificate of Dedication and Ownership should be amended to reflect the separate trusts and trustees. We would suggest the following language: "The undersigned Norris D. Ewalt Trust, Susan M. Ewalt Trust, and Dennis Murphy, being sole owners in fee simple of all that real property..." The signature lines should be amended as follows: 1' Page Owner Lot D37A Norris D. Ewalt Trust Norris Ewalt, Trustee Address: 12 Seeburg Circle Carbondale, CO 81623 Owner Lot D37A Susan M. Ewalt Trust Susan M. Ewalt, Trustee Address: 12 Seeburg Circle Carbondale, CO 81623 3. The County Commissioners Certificate is missing the last line. Please add "...This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon." See attached certificates. 4. Please add a Purpose Statement to the plat, such as "The purpose of this plat is to amend the common lot line of Lots D37A and Lot 37B as shown hereon." 5. The plat must indicate the existing and proposed lot lines as well as the original and resulting lot sizes. 6. The plat should reference the Title Commitment and all easements of record must be shown on the plat. 7. Neighboring property and easements need to be designated with Reception Numbers. Please forward these comments to your surveyor to have the required corrections completed. The County Surveyor will respond directly to your surveyor with comments. Once all comments have been addressed and a decision rendered, the mylar may be printed and signatures obtained. Feel free to contact me with any questions. Sincerely, Kathy Eastley, AICP Cc: File Attachment 2IPage From: Leslie Lamont To: Kathy A. Eastlev Subject: RE: Request for amended plat Date: Wednesday, January 28, 2015 4:26:50 PM 1 don't think there is a DRC issue with this. As long as the two property owners agree....I have a meeting next Wed. with my DRC and will poll them for their opinions. Thank you, Leslie From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Wednesday, January 28, 2015 3:41 PM To: Leslie Lamont Subject: RE: Request for amended plat Thanks Leslie, they did submit a plat and somehow it didn't get attached. Here it is for your review. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com From: Leslie Lamont [mailto: Ieslielamontaspenglenhoa.com] Sent: Wednesday, January 28, 2015 3:39 PM To: Kathy A. Eastley Subject: RE: Request for amended plat How are you? Thank you for keeping me in the loop. I did talk with Mr. Ewalt about this. Based upon his description I don't believe this warranted a DRC review prior to him submitting an application to you. I see that they have not submitted a draft plat yet and I would be interested in reviewing the plat to ensure that there are no AG DRC issues. Thank you, Leslie From: Kathy A. Eastley [mailto:keastley(agarfield-county.com] Sent: Wednesday, January 28, 2015 2:04 PM To: Leslie Lamont Subject: Request for amended plat Good afternoon Leslie, I hope you're enjoying our wonderful weather! Garfield County has received a request to amend the common lot line between two duplex units — the legal is Filing 1, Lots D -37A and D -37B. Owners are Norris Ewalt and Dennis Murphy at 210 E. Diamond A Ranch Road and 12 Seeburg Circle. I've included the application materials but I was wondering if you had any discussions with the owners. Thanks Leslie! Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 heastley@garfield-county.com EXHIBIT H Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Samuel Phelps — SurvCo, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Second Amended Final Plat of Lot D37 Aspen Glen Filing 1. Date: 02/20/2015 Sam, Upon review of the Second Amended Final Plat of Lot D37, Aspen Glen Filing 1 Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Kathy Eastley — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfteld-countycom February 27, 2015 Norris and Susan Ewalt 12 Seeburg Circle Carbondale, CO 81623 norrisewalt@gmail.com EXHIBIT Garfield Couiety Community Development 108 8th Street. Suite 401, Glenwood Springs. CO 81601 Officc: 970-945-8212 Fax: 970-384-3470 DIRECTOR DETERMINATION — Aspen Glen, Filing 1, Lots D37A and D37B Garfield County File Number FPAA8197 Dear Mr. and Mrs. Ewalt; This letter is provided to you, as the authorized representative of The Norris D. Ewalt Trust, the Susan M. Ewalt Trust, and Dennis Murphy, as notification that your request to amend the final plat of Aspen Glen, Filing 1, Lots D37A and D37B to amend the common lot line has been reviewed and the Director hereby issues a determination conditionally approving the request. The conditions of approval are as follows: 1. That all representations made by the Applicant shall be considered conditions of approval unless otherwise amended by the Director decision. 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. 4. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat. 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 1 of the Board decision once it is received or upon expiration of the 10 day notice period (March 20, 2015). Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions regarding this decision. Sincerely, Fred A. Jarman, AICP`� Director of Community Development Attachment Cc: BOCC File 2 11 1 1 11 hi oil' 1; 1. 0,033 003 2 ?is'5,A6—EAD 2124/15 CN) o sdp4d 'S .(9 u'owa £00T£0'LO :all! 6xP btOZ/'oa0/9l 1 HI 1 Oil Oq ih rl sigi 41 tl r ooaoo= 1 i If 1 I t 4 5 1 6 1 1 1 1 1 4 1 t 1 i 111144i I 1g4lif '1 1111,1 tikihpt 4d W. :.11,71.21 i Nig O�� a 1 1 f 81 81788 of II_444GI ,Ap541. cn (D 0 CD c)T! = a 5' C 0 c r N n 0 rl o ,vma o D n) G) v CO ;end papuewy puooe 39"26'OU' nl cobbler