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HomeMy WebLinkAbout6.0 CorrespondenceGARFIELD COUNTY Building and Planning Department 2 March, 1998 Mr. Robert Emerson 86 South Third Street Carbondale, CO 81623 RE: Sandra Smith Subdivision Exemption Dear Bob, The Garfield County Board of Commissioners approved your client's request for a continuance in the above -referenced matter. The Board shall reconvene on this matter, May 18, 1998, at 2:30 p.m. As always, the meeting will be held in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse, 109 Eighth Street, Glenwood Springs. There are no additional public notice requirements. If you have any questions, please contact this office. Sincerely, -lzt� Eric D. McCafferty Senior Planner 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 LAW OFFICES ROBERT B. EMERSON. P.C. 86 SOUTH THIRD STREET CARBONDALE. COLORADO 81623 (970) 963-3700 ROBERT B. EMERSON February 24, 1998 Mr. Don DeFord Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: Sandra Smith Subdivision Exemption Dear Don: ry FAX (970) 963-0985 As I believe you are aware, the subdivision exemption application submitted by Sandra Smith was continued until March 2, 1998. In light of the Commissioners' denial of the extension of the preliminary plat for Cedar Ridge Farm Subdivision, Sandra is now exploring submitting a new subdivision application. Thus, we would request that the subdivision exemption application be continued for a month or two while she considers and decides about the subdivision. Please bring this request to the attention of the Commissioners. Neither Sandra nor I will appear on March 2, 1998. If they are agreeable, please advise me of the new date and time for consid- eration of this matter. RBE/jc Sincerely, Robert B. Emerson cc: Eric McCafferty Sandra Smith tc/ . I.0 MAY.13.1999 2:59PM EHG: 970 963-0985 NO.535 P.1/2 • ▪ -II SII LAW OFFICES • ROBERT 8, EMERSON. P.C. 96 $OLn-H THIRD STREET CARBONDALE, COLORADO 91623 (970) 963-3700 ROEIERT B EMERSON May 13, 1999 FACSIMILE TRANSMISSION TO 945-7785 Mr. John Barbee Garfield County Building & Planning Dept, 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Sandra Smith Subdivision Exemption Dear John: FAX (970) 983.0965 I am writing you regarding our telephone conversation today. To review the history of this matter, the BOCC approved the subdivision exemption on May 18, 1998. One of the conditions of approval required that well permits for the two wells on the property be delivered to the County. The approval required that the subdivision exemption plat be submitted to the County for signatures within 120 days. Obtaining the second well permit required an amendment of the augmentation plan. When I became aware of this, I contacted Mark Bean to request an extension of time to present the plat for approval by the BOCC. In September, 1998, the Board extended the date for submission of the plat for one year, or to May 18, 1999. On April 22, 1999, I sent you the well permits. Shortly after that date, I had Ken Wilson deliver the original mylar subdivision exemption plat to your office for review by the County Surveyor and signature by the Chairman of the BOCC. On May 11, 1999, I wrote you to remind you that this matter needed to be completed by May 18, 1999, and sent you a check to recover recording costs of the plat. You called me today to advise me that the County Surveyor has not yet returned the plat to you and that it will not be possible to have the plat signed by the Chairman of the BOCC by May 18, 1999. You indicated that because the applicant had complied in a timely fashion in getting the necessary information and plat to you and that the delay in finalizing this matter was due to time constraints of County personnel, recording the plat after May 18, 1999, would be satisfactory, even though it may exceed the deadline set by the BOCC or a deadline imposed by the applicable provisions of the County Code. If for MAY.13.1999 2:59PM EHG: 970 963-0985 NO.535 P.2/2 Mr. John Barbee May 13, 1999 Page 2 any reason my understanding is incorrect, please let me know by telephone immediately. In that event, I would attempt to discuss this matter with the BOCC on Monday, May 17, 1999, to clarify how we should proceed. Sincerely, Robert B. Emerson RBE/jc cc: Sandy Smith LAW OFFICES ROBERT B. EMERSON. P.C. 86 SOUTH THIRD STREET CARBONDALE. COLORADO 81623 (970) 963-3700 ROBERT B. EMERSON May 11, 1999 VIA MAIL AND FACSIMILE TRANSMISSION TO 945-7785 Mr. John Barbee Garfield County Building FZ Planning Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Sandra Smith Subdivision Exemption Dear John: FAX (970) 963-0985 This letter is to follow up on our several conversations regarding this matter. The original mylar subdivision exemption plat has been submitted to your office for signature by the Chairman of the Board of County Commissioners, County Clerk, and County Surveyor. You have indicated that you would obtain the signature of the Board Chair- man at or before the Commissioners' meeting on May 17, 1999. The deadline for completion is May 18, 1999. Enclosed with this letter is a check in the amount of $11.00 to cover recording costs. Once the plat has been fully signed, I would appreciate it if it could be delivered to the Clerk and Recorder for recording. If you could have the Clerk call me or fax me the recording information, that would be helpful. If you have any questions, please let me know. RBE/jc Enclosure cc: Sandy Smith lECE VE ) Sincerely, Robert B. Emerson r 2 ior;n, Garfield County TO: Mark Bean, Building and Planning FROM: Tom Russell, Road and Bridge %e,./ DATE: November 01,1999 RE: Smith Subdivision Review Dear Mark, ROAD & BRIDGE DEPARTMENT On 10-18-1999 John Taufer, Marvin Stephens and myself reviewed the impacts of the proposed Smith Subdivision on the County road system.. The following comments resulted from that discussion. 1. Improvements will need to be made to CR 216 (AKA Ukele Lane). • Widen to collector road status with shoulders. • Pave to driveway. • Provide all traffic control signage and stripping. • Submit drainage plan for review. • Provide 60' ROW for future expansion. Thank you, Tom Russell REC, EP..!ED Nov 1 1999 • PO Box 2254, Glenwood Springs, CO 81602-2254 (970)945-6111 CONTINUED PUBLIC MEETING: SB -35 SUBDIVISION EXEMPTION LOCATED APPROXIMATELY 4 MILES NORTHEAST OF CARBONDALE ALONG COUNTY ROAD 103. APPLICANT: SANDRA SMITH Eric McCafferty, Bob Emerson and Sandra Smith were present. Bob Emerson gave a brief history of this subdivision exemption saying they were here in mid-December and in essence it was tabled due to the applicant's request and the Board's desire to try and finalize the pre-existing subdivision. The applicant asked for and the Board denied the request to extend the time and record the final plat which brings them back to the subdivision exemption. This is a continued public meeting and notices have been given to the County and publication has occurred as set forth in the record back in December and an announcement of the continuation at public meetings. Bob asked to comment on condition under Major Issues and Concerns page 3, paragraph C talking about the Board requiring a pump test for the wells. He stated there are two existing residences as well as a horse barn on the property and well permits for the wells have been in place for several years. He asked for this pump test not to be required. Paragraph D with regard to the note on the plat stating he didn't feel this was necessary. Paragraph F - Fire District Impact Fees - Bob said these fees were waived due to the residences already exist and made the same argument for Paragraph H saying it is not required to have school district impact fees because the residences have been there for a long time. This subdivision is not creating any new residences. Paragraph 6 on page 4 regarding well permits - these are in place; page 5, driveway permits - same argument as there is already a driveway there. Plat note - one dog per residential unit and argued since they are not creating a new residential lot Bob felt this should not be included. Also plat note regarding an open hearth fireplace - this house was built prior to the regulations and asked that this also be deleted as well. Commissioner Martin asked if they objected to the "right to farm" as a recommendation. Bob Emerson said Sandra ranches and farms and would appreciate that plat note. Eric commented on the purposes for having additional permits on the wells. Bob read a letter to the State Engineer from Tam Scott, Water Attorney on the project relating to this permit: "this well was decreed in the augmentation plan 2891F in February 1989. The State Engineer order expired and reiterated its predecessor permit 107036 in its place. In point of fact that well has been in use prior to June 1981 as evidence by the SBU Sandra Smith filed with the State Engineer in June of 1981 which was before she commenced her augmentation plan Water Court. She plans to file an application with the Water Court clarifying the situation and making the well absolute rather than conditional. Accordingly this is to request the State Engineer reverse its previous order of expiration reinstatement and order that the augmentation plan permit 2891F be reinstated at this time." Bob said this letter was written in January of 1998 and as far as he knows this has been completed. Recommendation: Staff recommends APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, ditches, access, utilities, etc/ 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 5. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. Post -it® Fax Note 7671 Date 4 l /9 c-7 Pages. To ,a6)1_ (; n, G �� Fromid - i s Co . Co./Dept. Co. 4� � / qt Phone # q'!'_ 3 3 p7(/ Phone # ; i� q . Fax # 96 3_ ° hg.; Fax # Gi / finC� / s /) c,5 6. Prior to final approval, the Division of Water Resources shall issue the appropriate well permit(s), which shall be submitted to the Planning Department for review, prior to authorization of an exemption plat. 7. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted by Garfield County. 8. The applicant shall consult with the Road and Bridge Department and shall receive any required driveway permits, prior to final approval. 9. That the following plat notes shall be included on the exemption plat: "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The individual lot owner shall be responsible for the control of noxious weeds." "One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary, which shall be directed inward, towards the interior of the subdivision. Provisions may be made to allow for safety lighting that may be seen beyond the property boundaries." "Soil conditions on the site may require engineered septic systems and may require engineered building foundations." A motion was made by Commissioner McCown to approve the exemption from the definition of subdivision for Sandra Smith with recommendations of staff striking in No. 9 "one dog for each residential unit" adding the "right to farm" notation included in No. 9; under "C - page 3 deleting "the pump test" still leaving in the portion on "documentation of a legal supply of water permit" and "waive school impact fees." Commissioner Martin seconded the motion. Motion carried.