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Home My WebLink About2.0 BOCC Staff Report 08.29.1983• BOC 8/29/83 PROJECT INFORMATION AND STAFF COMMENTS PROJECT NAME: Senate Bill 35 Exemption Request APPLICANT: Ruth R. Stirling LOCATION: A parcel located in the NE 1/4 NW 1/4 Section 29, Township 7 South, Range 89 West of the 6th Principal Meridian, more generally described as a parcel located one mile northeast of the Catherine's Store intersection off of County Road 162. PURPOSE: QUALIFICATION: WATER: SEWER: ACCESS: ZONING: ADJACENT ZONING: To split a 40 acre parcel into 2 parcels of 20 acres each. The applicant has owned the property for over five years. Individual wells Individual septic Via County Road 162 A/R/RD North: A/R/RD South: A/R/RD East: A/R/RD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The parcel is located in District C (Rural Areas with Minor Environmental Constraints). The proposed split does not conflict with the Comprehensive Plan. II. STAFF COMMENTS: 1. The applicant has owned the parcel for over five years with her ex-husband and is a part of a divorce settlement. The 40 acre parcel presently has an older single family dwelling that will be on one of the proposed 20 acre parcels. The applicant proposes to build a new house on the remaining parcel. 2. The proposed water source for the new parcel is a domestic well permit No. 110078, which was adjudicated for .033 cfs (14.8 gpm) on June 29, 1980. The existing house has a well in existence. 3. Legal access to the new parcel should be describes as a perpetual access easement through Lot 1. 4. The applicant should be aware of the fact that an engineered foundation and septic system may be required due to the severe limitations noted on the Soil Conservation Service soils information sheet. III. RECOMMENDATION: Approval with the following conditions: 1. That an access easement to Lot 2 be legally described in the deed and on a plat. 2. That the applicant submit a $200.00 school assessment fee to the Department of Development prior to the signing of the exemption resolution. 3 . .Uv -'LI 7 %€i ‘5,4)/'7's 67 e X ,oho4 -1- Se 7 S.,)?,. Pasrce( 1 i')J\ .E Nik J"'/"/ A.33°;14`31" k:68.13' =3q.73'T=20.(1.5 . CCa' 'TL-+9'08'z.z~�' 34.17' �/ C¢'M_'Ce'►"ll.vu2 oc Q.C.C,SS ^f'c IQ .7: ;.2..°C,8 .1-4 C'' 32.' 408.9 1' ---,- -+ .S-158.00'; T_80.rx_-; Uo.t1., jC,.21°2I'H"1~ 157.02' A-`79°ad 5-6" TLX.�Z°36.17'10 i?'2b"tET =SO. 09'.; T=30, c,: c; Ckti: J•CH9°57'a N "E 446.!&'1 e'1.:?.."I» 317,6?A / i 3. CDC,' X X 1 -jF- u(3' 20' W a -ie- Ti:e :5`+5"31'(12"U! 2,os 4 3 '14 C.or. Sec.. 29, T. '7 87 W., U tk.* \4' . cl )R 2(C�( z E'Iz3\C.E1).4_ k 2. ! _ �! J \i'�l Ili 1 , 1 1 Note: Boundaries shown are based on Government Land Office plat information Parcel 1: W' -NE*NW* of Section Principal Meridian, Parcel 2: EINE*NW* of Section Principal Meridian, Legal Description;:. 29, Township 7 South, Range 87 West of the 6th Garfield County, Colorado. 29, Township 7 South, Range 87 West of the 6u Garfield County, Colorado. S V 1:c, (_(:)v2. E4C YCaYl.. aSec. 2-9, T 7 S.,YZ.E A./.,6 �iC ct , C.o[ora ± Br: L/NES /N S E SYDNEY L/NC/COME (L.S. /4///I BOX 121 CARBtN DALE, COLO. 303-963-3852 SCALE:I1.= STATE OF COLORADO County of Garfield At a regular )ss Commissioners for Garfield, Glenwood Springs on Monday L 2 0 1983 meeting of the Board of County Colorado, held at the Commissioners' Annex in , the 19th day of September A.D. 19 83 , there were present: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise Earl Rhodes Mildred Alsdorf , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 83-301 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR Ruth R. Stirling. WHEREAS, Ruth R. Stirling has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30 -28 -101(10)(a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Section 2.02.21(d) for the division of a 40 acre tract described as follows: NE 1/4, NW 1/4 of Section 29, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado; into 2 tracts of approximately 20 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: W 1/2, NE 1/4, NW 1/4 of Section 29, Township 7 South, Range 87, West of the 6th Principal Meridian, Garfield County, Colorado. TRACT B: E 1/2, NE 1/4, NW 1/4 of Section 29, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title y.30, Colorado Revised Statutes 1973, as amended, for the reason that said petitioner has owned the above described parcel for more than five (5) years, and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts and there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the described 40 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "B", all as is more fully described above, and said divided tract may be conveyed in form of smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions he allowed on said tracts "A" and "B", and that a copy of the instrument • • or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 19th day of September , A.D. 1983 ATTEST: GARFIELD COUNTY BQ OF! COMMISSIONERS GARFIELD COUNTY,'COLORAD Clerk of the Boa d Chi�7M7n Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eugene "Jim" Drinkhouse Larry Velasquez Flaven J. Cerise STATE OF COLORADO County of Garfield Aye Aye Aye I, , County Clerk and ex -officio Clerk y*,of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 of the Board of County Commissioners. County Clerk and ex -officio Clerk