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HomeMy WebLinkAbout- Cover LetterGOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P.O, BOX 931 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-9141 FAX: (970) 945-9143 NEIL W GOLUBA golubapc@comcast_net June 6, 2017 Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 Re: Rezoning Application Parcel 11, Faranhyll Ranch and Parcel A, Springridge Reserve PUD, Phase 1 Dear Director: This firm is representing Andy and Shirley Niemeyer (the "Niemeyers") in connection with adjusting the boundary of their property known as Parcel 11, Faranhyll Ranch (the "Niemeyer Property") with an open space parcel known as Parcel A, Springridge Reserve PUD, Phase 1 (the "Springridge Property"). The Springridge Property is owned by the Springridge Reserve Homeowners Association ("Springridge"). Pursuant to the Agreement between the Niemeyers and Springridge, a copy of which is submitted herewith, the parties have authorized this firm to pursue all approvals necessary to adjust the boundary line between the Niemeyer Property and the Springridge Property. A recent survey of the Niemeyer Property revealed that the Niemeyer Residence, which was built by a previous owner in the late 1990s, is entirely located on the Springridge Reserve Property. The parties have agreed to accomplish a boundary line adjustment between their respective properties pursuant to which Springridge shall convey to the Niemeyers a five (5) acre parcel upon which the Niemeyer Residence is located and the Niemeyers shall convey to Springridge a five (5) acre parcel consisting of native and undisturbed land. The Niemeyer Property is not within a platted subdivision, while the Springridge Property is located within a PUD. Accordingly, the parties are following the Boundary Line Adjustment Procedure and have filed Amended Plat and Minor PUD Amendment Applications concurrently with this Application. Both the Niemeyer Property and the Springridge Property are subject to separate Conservation Easements held by Aspen Valley Land Trust ("AVLT"). Accordingly,• the legal descriptions for both Conservation Easements will need to be corrected. AVLT has agreed to Community Development Department June 6, 2017 Page 2 prepare the necessary correction documents as set forth in the Agreement between the parties submitted herewith. The subject Rezoning is proposed in connection with a simple Boundary Line Adjustment between two properties, one of which has a PUD zoning and the other a Rural zoning. Accordingly, the Applicants are requesting that the five (5) acre parcel being removed from the PUD be rezoned Rural to comply with the current zoning of the property said parcel is to be merged with. Accordingly, the proposed rezoning complies with the criteria set forth in Section 4-113(C), as it does not constitute spot zoning, complies with the Comprehensive Plan, and reflects and complies with the actual current use of the parcel being rezoned. Submitted herewith is a check in the amount of $450.00 to cover the Application Fee, together with three hard copies and one digital copy of the complete Application. As you know, this issue was identified in connection with the Niemeyers' sale of their Property. The Niemeyer Property is currently under Contract and is scheduled to close on July 31, 2017. Accordingly, Applicants are requesting that the Planning Commission Public Hearing take place on July 12, 2017, and that the Board of County Commissioners Public Hearing take place on July 17, 2017 in order to avoid postponing Closing. Having to postpone Closing would create considerable costs and inconvenience as the Buyer would lose its current interest rate lock. Your help in processing this Rezoning Application in accordance with the foregoing schedule would be very appreciated. Please let me know if the proposed schedule is acceptable at your earliest convenience, or if you have any questions or need anything further to process the Application. Very truly yours, NEIL x GOLU 7.4-1-1 eel NWG:lsc Enclosures C:\Client\Niemeyer\Community Develop Rezoning App.wpd