HomeMy WebLinkAbout2.0 BOCCC Staff Report 07.10.2008PROJECT INFORIIATION AND STAFF COMTTIIENTS
RW-7-10{6-BOCC
Amended Plat
Larry Green, Balcomb and Green PC
Kathleen Cheldelin
0115 Midland Loop
Lot L-17 Aspen Glen
.527 Acre
PUD
APPLICATION
REPRESENTATIVE
OWNER
LOCATION
PROPERTY
LOT SIZE
ZONING
1. BACKGROUND AND DESCRPTION OF THE PROPOSAL
lncluded in the text of this staff report is a copy of the narrative for this application, which
accurately portrays the issues and proposal for the Amended Final Plat.
Thisftrst dnwing is of the prcposed amended plat, the seand is of the improvement suruey
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UAY 17
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LotLlT is part of Aspen Glen, Filing No. 3, which was originally platted in February 1998.
At that time, Aspen Glen Golf Company (*AGGC") anticipated constructing a small pond as an
aesthetic amenity on t t Ll7 and adacent lots. tot Ll7 was thus burdened by a large drainage and
irrigation easement to accommodate the pond. The platted building envelope was of course outside
of the drainage and irrigation easem€nt.
In the course of actually developing this part of Aspen Glen, AGGC concluded that it was
not feasible to construct a pond on lot Ll7; the result would be a lot with an unacceptably small
building area. AGGC therefore eliminated the pond and instead built an open, 'treek" stylc
irrigation feature along the rear lot line of Lot Lt7 and adjacent lots. AGGC intended to amend the
plat of Lot Ll7 to reflect this change, but it appears that the plat did not get amended.
Ms. Cheldelin purchased I,atLlT in 2001 with the intention that she and her brother-in-law,
Shane Holmberg, would construct a spec home on the property. Both Ms. Cheldelin and Mr.
Holmberg had the understanding that the plat of Lot Ll7 had already been amended as reflected in
the instant application. Mr. Holmberg obtained a building permit from Garfield County in 2001 and
construction of the residence on lot L17 was completed in 2003. The improvement location
certificate included in the application reflects the actual location of the residence as it is constructed
on the Lot, and clearly shows that it encroaches significantly into the originally platted drainage and
irrigation easement and outside the originallyplatted building envelope.
Throughout the time period of 2001 through 2003, it appears that all parties operated under
the assumption that the plat had already been amended. In 2003 Ms. Cheldelin and Mr. Holmberg
became aware that the plat amendment had not actually occurred. While they started the plat
amendment process by commissioning the proposed amended plat included within this application,
for reasons beyond their conffol they never actually submitted and obtained approval for the
amended plat in 2003.
Now, Ms. Cheldelin has a contract to sell the property, and the issue of the encroachment of
the home into the platted drainage and irrigation easement rnust be resolved. Ms. Cheldelin thersfore
requeststhattheplatbe amended to reduce the sizeofthedrainage and inigation easem€,lrt fromthat
shown on the original plat to a twelve and one-half foot wide drainage and irrigation easement along
the rear lot line. This easement, together with the corresponding easement on the lot to the west is
more than large enough to accommodate the existing inigation feature. ln addition, Ms. Cheldelin
requests that the building envelope on the Lot be expanded as shown on the proposed amended final
plat in order to accommodate the already constructed home. Even as expanded, the building
envelope will satisS all applicable setbacks within the Aspen Glen PUD. Furthermore, there are no
geotechnical constraints on the Lot that prohibit the expansion ofthe building envelope.
A building permit and certificate of occupancy has been issued forthe residence on lot L17
of Aspen Glen. Staff has not reviewed the original plans submitted forthe building pemit.
It is assumed the applicant submitted plans similar to this proposal and consistent to the
representation made at the time of purchase. Simply put, the applicant is trying to clear up
an issue that unfortunately was not completed prior purchasing the propefi.
The Aspen Glen Design Review Committee (DRC) has reviewed the proposed building
envelope, drainage and irrigation change. The DRC has stated the proposed changes is
consistent with the underlying dimensional requirements, and have no objec'tion to the
change.
2, AUTHORITY
56:10 of the Subdivision regulations states that an amendment may be made to a recorded
plat, if such amendment does not 1) increase the number of subdivision lots or dwelling
units, or 2) result in the major relocation of a road or add new roads. This request will not
resutt in either of the two aforementioned standards and Staff finds these standards are
met.
3. STAFF REGOMTENDATION
The Applicant has provided all required documentation and has satisfied the applicable
standards for a plat amendment. Therefore, Stiaff recommends the Board of County
Commissionersi, pursuant to 56:10 of the Subdivision Regutations of 1984, as amended,
approve this amended plat request with the following conditions:
That all representations of the Applicant, either within the application or stated at the
meeting before the Board, shall be considered conditions of approval.
That the Applicant affirmatively shalt show the amended drainage and inigation
easement aligns with the drainage and irrigation easement on Lot L16.
All plat notes from the origina! Final Plat of Aspen Glen PUD shall be shown or
referenced on this amended plat.
Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy),
then signed and dated (mylarcopy) bythe Gounty Surveyor, then signed and dated
by the Chairman of the Board and recorded in the Clerk and Recorder's ffice of
Garfield Gounty. TheAmended Final Platshallmeetthe minimum CRS standards
for land survey plats, as required by Colorado state law, and approved by the
County Surveyor and shall include, at a minimum, the information outlined in $5:22
of the Garfield County Subdivision Regulations.
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