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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.19.1983• s BOCC 12/19/83 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For a S.B. 35 exemption APPLICANT: Edward and Juanita Williams LOCATION: Section 35, T4S R91W; located approximately 8 miles northwest of New Castle off County Rd. 243 up main Elk Creek ACCESS: WATER: SEWER: Existing R.O.W. easement through BLM property One existing well and one well permit One existing individual septic disposal system and one proposed individual septic disposal system ZONING: A/R/RD ADJACENT ZONING North A/R/RD South 0/S East 0/S West 0/S I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site falls within District D of the Comprehensive Plan. This is Rural Areas With Moderate Environmental Constraints. Areas within District D, outside of a one mile radius of an urban area of influence, shall have one dwelling unit per five acres according to the Comprehensive Plan. II PROJECT DESCRIPTION A. Site Description: The site sits to the west side of County Road 243. Access to the parcel is by way of a BLM access agreement. The access road is initially steep, leveling out near the subject parcel. The ten acre parcel slopes gently with wide open fields. One home currently exists on the ten acre site. B. Description of the Proposal: The applicants wish to divide a ten acre parcel into two, five acre parcels. History: The ten acre parcel was created in 1977 by a S.B. 35 exemption (Resolution No. 77-25) when Earl Dawson split a twenty nine acre parcel into three parcels of ten, ten and 9 acres. The BLM access agreement to the site is in Earl Dawson's name. This should have been changed when Mr. Dawson sold the property. According to the BLM, they have no problem with expanding the access agreement to allow an additional parcel to be created. The BLM will require, however, that the owners of the parcels either apply individually for access or that a Homeowners Association apply for a change of assignment of the R.O.W. grant from Earl Dawson's name into the name of the Homeowners Association. If the R.O.W. is placed into the name of a Homeowners Association then future purchasers of the parcels will not have to individually apply for access. - 10 - III. MAJOR ISSUES AND CONCERNS 1. The acreage size proposed meets the requirements of the A/R/RD zone district and the suggestions of the Comprehensive Plan. 2. The access easement to the parcel must be confirmed and approved with the BLM. 3. TheEnvironmental Health Officer suggests that the individual septic disposal system be designed by a Colorado registered, professional engineer. 4. The ten acre parcel was created by a S.B. 35 exemption, however, it does not contain specific wording regarding further exemptions. IV. FINDINGS 1. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 2. That the proposed land use will be compatible with existing and permitted land uses in all directions. 3. That for the above stated and other reasons, the proposed zoning is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the proposal meets the requirements of the A/R/RD zone district and the suggested acreage of the Comprehensive Plan. V. RECOMMENDATION Approval of the S.B. 35 exemption request with the following conditions: 1. That a plat of the two new parcels be recorded in the Clerk and Recorder's office. It shall be signed by the County Surveyor and the Board of County Commissioners. It shall include separate legal descriptions for each of the parcels including reference to the BLM access agreement. This plat shall be submitted prior to final approval. The plat shall also include a plat note that the individual septic disposal system shall be designed by a Colorado registered, professional engineer. 2. That a separate legal description for each of the parcels including reference to the BLM access agreement be submitted to the Planning Division prior to final approval. 3. That a signed access agreement with the BLM shall be submitted to the Planning Division prior to final approval. 4. All conditions of approval must be met within 120 days of the date of conditional approval by the Board of County Commissioners.