HomeMy WebLinkAbout2.0 ResolutionRESOLUTI ON
l^lHEREAS, SAMUEL STALEY has petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption under C.R.S. (.l973) Section
30-28-l0l (.l0) (a) - (d) as amended, and the Subdivision Regulations of
Garfield County, Colorado, adopted September 1,1972 and amended April .l4,
1975, Sections .l.02..l7 (d) and 3.02.0.l , for the djv'ision of a 2.08 acre tract
of land into two (2) tracts of approx"imately .38 of an acre and .l.7 acres,
more or 1ess, and more particularly described as follows:
A tract of land situated in Lot 8 of Sect'ion 'l , Township
7 South, Range 89 West of the 6th Principal Meridian
described as fol I ows :
Beginning at a point whence an iron pin with a brass cap
maiked for the Southwest Corner of said Lot B (being
the same as the Southeast Corner of Lot 9, said Sect'ionl) bears S. 870 53'45" W.450.96 feet; thence N. 8Bo
15'l,J. .l50.00 feet; thence N. 0lo 14' E.982.78 feet;
thence S. 880 15'E. 150.06 feet; thence S.0lo 14'
!-l. 979.76 feet to the point of beginning.
Excepting a parcel of land described in instrument
recorded May 4,1967 in Book 384 at Page 188 as
Reception No. 237830 and in instrument recorded
February 4, .1969 in Book 399 at Page 257 as
Recept'ion No. 242646.
WHEREAS, said request would create a parcel of land which lies within the
path of a significant natural drainage, dry residential or commercial building
in that area would const'itute a danger to the health, safety and welfare of
its inhabitants, and further, that said parcel would contain significantly
less usable area than the ,l.7 acres which is 1ega1]y described; and,
WHEREAS, said request would also create a parcel which would violate the
minimum lot size for individual sewage treatment contained'in the Garfield
County Zoning Resolution; and,
llIHEREAS, Petitioner has not demonstrated to the satjsfaction of the Board
that said requested division is in accordance with the genera'l purposes and
intent of the Subdivision Regulat.'ions of the State of Coloraclo and the County
of Garfield and should not therefore, be exempted from the definit'ion of the
terms "subdivision" and "subdivided land" as set forth in C.R.S. ('l973) Section
30-28-l0l (.l0) (a) - (d) as amended;
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NOI,J THEREFORE, upon motion of seconded by
, and carried, said request for exemption is
hereby denied for the reasons that the requested 1.7 acre parcel lies within a
major natura:l drainage way which cou'ld constitute a threat to the health,
safety, and welfare of inhabitants of any building, constructed there
constituting a principal residential or business use, and further that said
.I.7 acre parcel would contain significantly'less usable area than the .I.7
acres described, and further that said requested division would create a Iot of
.38 acre which would violate the minimum lot size requirernents for
individua'l sewage disposal contained in the Garfield County Zoning Resolution.
Said 2.08 acre parcel of land may not be transfemed in more than one (1) parcel
of at least 2.08 acres in size, a'll as is more fully described in the Petition
pertaining hereto.
Dated this day of June, A.D. 1977.
THE BOARD OF COUNTY COMMISSIONERS
OE GARFIELD COUNTY, COLOMDO
Richard C. Jolley, Chairman
Attest:
DepuU C'lerk of the Board
of County Commissioners,
Garfield County, Colorado
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