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HomeMy WebLinkAbout3.0 Director's Determination - Approvals ExpiredGuffield Couln$ RE Community Development Department December 24,2014 Dave & Sandy Everett 445 [Vlountain View Rd. Carbondale, CO 81623 Amended Final Plat - Lot S-8, Final Plat Aspen Glen Filing No. 8 (File No. FPAA-7805) Dear Dave and Sandy This letter is provided to advise you in accordance with our recent telephone conversation and meeting, that the time period allowed for you to file your amended final plat lapsed earlier this year. At the present time we are well beyond the 90 day limit for filing the plat in accordance with the Director's Decision on your application. Your approvals have formally expired in accordance with applicable provisions of the Land Use and Development Code, and your file will be closed. Pursuant to our meeting today, we are prepared to assist in your re-submittal of the request and the processing of the plat amendment. You should have already received an email containing an updated Pre-Application [\Ieeting Summary. Please feel free to contact me with any questions and/or if you wish to review the originalfile. Sincerely,,r)* Glenn Hartmann Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 94s-82r2 445 Mountain View Rd Carbondale, CO 81623 (509) 631 0700 (Cell) DaveEverett Garfield County Planning Department Attn: Tamra Allen Dear Ms. Allen, My wife and I were in the building process for our primary residence on a lot we own in the Aspen Glen sub-division. During the process a dispute arose over interpretation on some finer points in the Garfield County Code about whether or not we were allowed to exceed the building envelope with normal eaves or not. To expedite the process, rather than engage in protracted negations, we decided to try to realign the envelope. The lot is small and we needed to be able to use the entire envelope to build our house. The solution we decided on was to realign the envelope from a parallelogram shape to a more rectangular shape. This process did not encroach on GC setbacks, and actually made the area of the building envelope smaller but more usable. During the process of the realignment, our architect, Dean Sparaco, worked with Glen Hartmann from your office. Mr. Hartmann was very helpful throughout the process. We had the concurrence of the neighbors and the Design Review Committee. During this process it became apparent that we (Sandi and I) were not going to be able to complete the process, and further that we felt we were not in a position to change our lifestyle enough to be able to live in accordance with the myriad rules and regulations in place in Aspen Glen, so we notified the Design Review Committee we were terminating the review process and that our lot was going on the market. I told Mr. Sparaco I would finish the recording process with the realignment, and then failed to do so Yesterday, Mr. Hartmann called me and said that due to the length of time involved (we started the process on March 14,2Ol4) that he was going to administratively close the file, and told me if I wished to continue I should write to you and ask to continue, hence the purpose of this letter. I left messages for Mr. Sparaco yesterday and this morning, but I know he is working on a large project near Meeker, and may be out of cell coverage etc. If you approve, I will work with Mr. Hartmann (or whomever you direct) to conclude this process. Best Regards Dave Everett Our Kids are our ltgacy l Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 97 0-945-8212 Fax: 97 0-384-347 0March 13,2014 Dean Sparaco Regan Construction 715 Grand Ave. Glenwood Springs, CO 81601 RE: Dircctor's Decision - Amended Plat Lot s-B Firing No. I Aspen Glen Building Envelope Modification (Fite No. FpAA-7805) Dear Dean: This letter is provided to you as the owner's representative in regard to the Application submitted by Dave and Sandy Everett for an Amended Final Plat for Lot s-8, Filing No. 8, Aspen Glen. The Amended plat is requested to ailow a modification to the building envelope on Lot S-8. The property is located at 649 Saddleback Road and is also known byAssessor's Parcet No.2395-134-07-008. The Application has been reviewed in accordance with Garfield County Land Use and Development Code. Said code provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is based on the finding that subject to compliance with conditions of approval the Amended Fina! Plat Application for Lot S-8 Aspen Glen Filing No. I will meet the requirements and standards of the Garfield County Land Use and Development Code including the Amended Plat Review Criteria contained in Section 5-305. The Director's Decision is to approve the Application subject to the following conditions: 1. That all representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. All requirements from the Gounty Surveyor shall be met prior to submittal of the plat for final execution. 3. The Plat including signature blocks and plat notes shal! be subject to final review and approval by the County Attorney's Office prior to submiftalof the plat for final execution. 1 4- The Plat shall include a plat note indicating the purpose of the amended plat to be an adjustment to the building envelope on Lot S-8. A plat note shall also be required indicating that all previous plat notes set forth on the Final plat of Aspen Glen Filing No. 8, as recorded as Reception No. ss6667 and any amendments thereto shall remain in effect 5. The Amended Plat shall be subject to compliance with the Aspen Glen Homeowners Association approval letter dated 12t19t13 attached as Exiribit'A". The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the application fora public hearing. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. The call-up period shall expire on March 23d. The Amended Final Plat will be scheduled on the Board of County Commissioner's consent agenda after expiration of the call-up period and once all conditions of approval have been satisfied. Sincerely, Fred Jarman, AICP Director of Garfield county community Development Department cc Board of County Commissioners 2 EXHIBIT A - Aspen Glen Homeowners Association Letter Honeorners Associaliott ai,lspen Glen, lnt. l)esign Rer,icir. Commiuee Dccember 19,2013 Mr. Glenn Hartman iff ffli::# g,i:Hl** Devetopment Depa rtment Clenwood Sptings, CO 81601 Re Building Envclope Adjustment l,ot 5-8/0649 Saddleback Road Dear Glenrq Sincerely, Leslie Lamont, Administrator Aspen Glen Design Roview Committee Cc: Mr. Dave Everett Mr. Dean Sparaco 0tN0BaldEqleWry Cobontule,CO EI6ZJ Tet:(970)96j-J362 Enni I : I esl i e luno nt@s pe ngl en hwrc on 'fhis leffer is to confirm that the Aspcn_GlenDesign Review Committee @RC) has revicwed thc proposcd plarame-ndment to adjust the building envelop of Lot 5-8 (0649 Saddleback Iioad) * their ieeting December I l,2013. The adjustnent proposes to reduce the building envolop on the north cn4 the front ofthe lot and expand lhesouth and west sides which do not enctoach inlo the seibacks. The overail size ofthe building enveiop willremainrelativclythesame' Thepurposeofthisadjustmentistoenablethegaragetofitondrefrontofthe lfry_g,q*tet 9e.+sp:n.c!n.Design Review Guidelines. The Guideliies d-iscourage garage doors facingue street' 'lhe west side of the building enveloplhat is expanding abuts HOA common ip* rpr"" which is aberm that parallels county Road 109; t[e southiide &ces the Asp-en Glen gorf"o*r". Although lher€ are no direct property ownerc that are irnpacted by this adjusrment, the DRC has noticedaoJacent property owners, including the Aspen Glon Club whioh managei the golfcourse, ofthe proposedamendment' Any oomments will be forwaraca back to the DRC and tJyou foi consiJ.ration. The DRCrccommends approval to the Garfield county Board of county commissioners wittr rhe lollowing conditions: l. A copy of 0re rccorded amended plat shall be povided to the DRC. 2j Tqe DR.c has only approved. the building env_elop plat amendment Any furthcr improvements to propcrty shall be submiffed for DRC review and apptval. ' ' 3. The rcduction and cxpansion rcprescnts a rough nct exchonge ofsquaro tborage. The DRC anticipates the opportunity to review lhe plat amendment application submiued to Garfield County. lfyou have any questions please do not hesitate to contact me. via email 3 6l Ll,l EXHIBIT B - Excerpt from Draft Amended Plat ( LOT 58 o.278t AC. -f xqc *,( a \ dwlBoli@lra@[!s \ 7wsf, \Z P \ --l----- Lrsrunqrc*o \ ---f CEt q Ea.70l R= 4SSI LcalS CE. tOl't c= LOT 57 OPEN SPACE PARCEL remPrcEul 6Dffimdf,llEflBBdOffiE|lEsdqg rct or ouE ru ilE uE 6 l [rffo & 6q2tr{ E!l@ @ruffi ffia cf uI $ @ wEiftwffi cf pT s u eti6lm AEta4PUflC*HBWffioFW I UE MEFffiNffiI{AI, uffiurm@Effidsswh ursffiE lllE ilDrDD 0l^l E !N6 s lrt lls PLAT 0t pot .tDr. FlJrc B !.ffi E l@0 flo !$@ N aol& frElrpuE a$Er EBeETEgJlEErvrrrq ffi @hGN@GEE GttPlEAS@lNEIESAXdffituEMEE rffi tEoffi *aB ga@ gt rz gl z'(FEi1E 6!rs!!). -,/&reMffiddsE *il ff EFUUTSl3E c4ME& iiEo@!@ rq rcoE@rN xd stAEHr4Fua{l.G: 'siqlGOLD COUNSE CORRIOOR EASEMENT 4