The URL can be used to link to this page

Home My WebLink About3.0 CorrespondenceGARFIELD COULYTY Building and Planning July 3 l, 1996 Certified Return Receipt Requested Letter No. P 522 553 498 Dr. James Weaver 1717 No Name Road Glenwood Springs, CO 81601 Dear Dr. Weaver, It has recently come to the attention of the Planning Department that you are contemplating selling Lot 1 of the Weaver Exemption with the representation that the lot can be developed as a multi- family lot. Although this would be allowed by the zoning of the property, you personally represented in your public meeting with the Garfield County Board of Commissioners, that upon conveyance of the parcel, you would deed restrict the parcel to use as a single-family dwelling. It is incumbent upon the Planning Department to remind you that, as a condition of approval. you are required to adhere to all conditions under which your exemption request was approved. To wit, Condition #1, which explicitly states: "That all representations of the applicant. either within the application or stated at the meeting before the Board of County Commissioners, shall be considered ^^--Ji+l^-^ ^f ^..--^,,^l trl.r,rrtlairrrrr\,rl ri" ' ')dl- I have listened to'the audio tape of the public meeting and you clearly make the representation that, upon conveyance of Lot I, you would place a deed restriction on the lot to limit its development potential to, essentially, no more than a single-family parcel. It is my opinion that the Commissioners granted approval of your request with this specific representation in mind. Therefore. it shall be required that you adhere to your agreement with the Commissioners and restrict the development of the parcel to single-family development. If you would like to personally listen to the tape of the public meeting or if you have additional questions. please contact this office immediately. Thank you for your prompt attention to this matter. Sincerely, cAt<_ Eric D. McCafferty Garfield County Planner cc. Don DeFord, County Attorney 109 Eth Street, Suite J03 945-82121285-7972 Glenwood Springs, Colorado 81601 GARFIELD CO(IIYTY Building and Planning May 7, 1996 Dr. James Weaver l7l7 No Name Lane Glenwood Springs, CO 81601 RE: Weaver Sutrdivision Exemption Dear Dr. Weaver, On Monclay, May 6, I 996, the Board ol'County ('orlnrissioners conclitionally approved your petition fbr an exemption frorn the detrnition of subdivision. The conditions that must be met prior to final approval are as follow: That all representations of the applicant, either within the application or stated at the rneeting before the Board of County Cornmissioners, shall be corrsidered conditions of approval. A Final Exemption Plat shall lre subrnitted, 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, access or utilities and further show that all lots will have at least one ( l) contigLrous acre of land tlrat is Iess than 40% slope. That the applicant shall have 120 days to present a plat to the flornrlissioners for signature, fiom the clate of approval of the exemption. Extensions of up to one (l) year from the originaldate of approval may be granted by the Board if requested by the applicant prior to the expiration of tlre original 120 days. That the applicant shall subrnit $200.00 in School Impact Fees for the creation of the exemption parcels ($400.00 total) prior to final approval. That the applicant apply fbr and receive the necessary "shares" of water frorn the No Name Clreek Water Association and provide fbr the infl'astructure necessary to provide suflcient water to the exemption parcels (if required by the Association). This shall be done prior to the authorization of an exernption plat. That the following plat notes be inclLrcled: "Soil conditions on the site rnay require engineered septic systems and bLrilding foundations. Site specific percolation tests at tlre tilne of building permit subrnittal shall cletermine specific ISDS needs on the site." 4 I09 8th Street, Srrite S03 945-8212t285-7972 Glenwood Springs, Colorado 81601 "The minimum defensible space distance 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 Salety 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." "All lots created by this exemption must be a minimum of one (1.0) acre in size and meet all applicable requirements of the Zoning Resolution in effect at the time of building permit application. " "Upon adoption of road irnpact fees by the Board of County Commissioners, the lots created by this exemptiorr shall be subject to paying the fees, paid at time of building permit application, paid by the building perrnit applicant." "Access to Lot I shall be exclusively frorn Highways 6 &.24 frontage road. Access to said lot shall not be frorn CR 129 (No Name Lane). The control of noxious weeds shall be the responsibility of the landowner. That the individual lot owner(s) shall consult with and receive the necessary driveway permits from either Road and Bridge or the Colorado Department of Highways, for each individual lot, at the tirne of building pennit application. That the applicant discuss drainage along CR 129 with the County Road and Bridge Department prior to final approval. If you have any questions regarding these conditions, please clo not hesitate to call. Sincerely, @t<-- Eric D. McCafferty Garfield County Planner WARRA}ITY DEED THIS DEED, Made this 29th day of Marqlr'l'nrs DEI;D, Made trlrs Zgth day of March , 1996,betweenJackD.Larsen,a-ffi[IFmanlgram.r'e".anand Robert Derkash as Trustees of Orthopedic Associates of Aspen andGlenwood Springs, P.C. Pension Plan for the Benefit of Jtm $leaver,under Agreement Dated July 1 | 1980, whose address is p. o. Box g4g, Colorado Springs, Colorado 80901, of the County of EI paso and Stateof Colorado, grantees: WfTNESSETH, That the grantor, for and in consideration of the sumof TEN and NO/100 DOLLARS, the receipt and sufficiency of which ishereby acknowredged, has granted, bargained, sol-d and conveyed, and bythese presents does grant,, bargain, sell, convey and confirm, unto Lhagrantees, their heirs and assigns forever, all the rear property,together with improvements, if aDy, situate, rying and being in-thecounty of Garfierd, state of col-orado, described as forrows: A11 that portion of Lot, Two (2) , and the Nort,hwest Quart.er of thesout,heast. Quart,er (Nw*sg*) of section Two (2), in Township six (6)South, Range Eighty-nine (89), West of the Sixbh principal Meridian, in Garfield County, Colorado, lying Easterly of CountyRoad 129, and lylng NorLherly of rnt.erst.at.e u. s. 70, ExcEprrNG THEREFROM, the East four hundred t.wenty-three feet (E. 423'), and EXCEPT any and all public roads and rights-of-way. TOGETHER with all and singular the hereditaments and appurtenancesthereto belonging, or in any wise appertaining, and the reversion andreversions, remainder and remainders, rents, issues and profitsthereof, and all the estate, right, tit1e, interest, claim and demandwhatsoever of the granLor, either in raw or equity, of, in and to theabove bargained premises, with the hereditament,s and appurtenances. To HAVE AND To HOLD the said premises above bargained anddescribed with the appurtenances, unt.o t.he grantees, their heirs andassigns forever. And the grantor, for himserf, his heirs, andpersonal representatives, does covenant, grant, bargain and agree toand with the grantees, their heirs and assignsl, that at the time oft,he ensealing and delivery of these presentsr:he is welr seized ofthe premises above conveyed, has good, sure, $erfecL, absolute andindefeasible estate of inheritance, in raw, in fee simple, and hasgood right, furr power and rawfur authority tb grant, bargain, selland convey the same in manner and form as aforesaid, and t.hat t,he sameare free and clear from all former and other grants, bargains, sales,1iens, taxes, assessment.s, encurnbrances and restrictions of whateverkind or nat,ure soever, except. mineral reservations and conveyances ofrecord; rights of way and easements of record. The grantor shall- and will WARRANT AND FOREVER DEFEND theabove-bargained premises in the quiet, and peaceable possession of thegrantees, their heirs and assignsr against aII and every person orpersons lawfully claiming the whole or any part thereof. fne singularnumber shall include the plural, the plural the singular, and the useof any gender shall be applicable t,o all genders. WIT S WHE F, The grantor has executed this deed the day and].rs ve itten. D. Larsen r!" foregoing instrument was Scknowledged beforeday of Mareh -.1..,.1.9'96r, b;*rqcrf n. Larsen, a wirness my handi'qntsfi.ttt: *."i.' Karerr C. Padilla me this 29rhsrngle man. 0( srATE OF COLORADO )) ss. County of Cheyenne) ., nvu! EDP t , ',rr, i tr "-..',r.rrr.rla,,,r,ral .' My commission expirisrt Cheyenne Wells, C0 B0glO United States Department of Agriculture Forest Service Rifle, CO Reply to: 5400 Date: April 18, 1996 Garfield County Planning Department Garfield County Courthouse Suite 301 109 8th Street Glenwood Springs, CO 81601 Dear Planning Department: Please consider the following comments regarding the Subdivision Exemption James K. Weaver has applied for. The private land owned by Mr. Weaver is bordered to the north by National Forest lands. Owning private land adjacent to National Forest lands conveys no special rights. National Forest is owned by the public and a broad range of activities may occur neld to the private lands. The Management Prescription for this area, at this time, is 38, which places emphasis on primitive recreation. Activities which may occur here include, but are not limited to hiking, hunting, photography, camping and so on. lf fences, homes or other improvements are proposed near the National Forest and private boundary a survey should be completed. This will ensure trespass of improvements does not occur on National Forest and the landowner will enjoy full use of their prlvate lands. The water line currently in use by the No Name Water Association and proposed for use by Mr. Weaver is under a special use permit issued by the Rifle Ranger District. lf any portions of the line on National Forest are proposed for modification, such that Mr. Weaver meet the Association's requirements, the Forest Service must be notified. Environmental analysis regarding the changes would have to be conducted. lf modifications occur solely on private land, analysis would not have to occur. Thank you for the opportunity to comment. lf there are any questions please do not hesitate to contact Cindy Hockelberg, Rifle Ranger District, (97O) 625-2371. Sincerely White River Nationa! Forest it iil'l | :{ iffifi Rifle Rangfl District ooe4 coufiu-BqB-{.4{, . ; :, rs) nS**a' KEVIN T. RIORDAN Acting District Ranger Caring for the Land and Serving the People ?rr")l a !/z'!/-,- fi;- t[, ,"':., ,rt ?V,, , it a\ i-*"?, -_ta lrrr"o [,lrr I ^I ( $I@* @s f$$n @€t' '4* e"-r*"^, ,<--" -y -b-e'Z f --'-'-7-a7-o /'- /a - z _/- a7 - ,.ao- / 7 tti/sse 2i- -,@o -oo - t?a - Sgtz '?o?t/\/OA / DBpanTMENT on EUERGENcy SBRVJC EMS . I.'IRE RESCUF] 1-23-96 Ir{r. N{ark Bean GARCO Planning Department 109 8th Street Glenwood Springs, CO. 81601 Dear Mark, This letter is in reference to the subdivision exemption proposed by Name. The property is within the boundaries of the Glenwood Springs District and fire and EMS response will continue as it now does. The property owners should be made aware that if the area develops, requirements of the Uniform Fire Code may apply. Water supply for fire fighting, access roadways and wildland fire protection are some of the major issues that may need to be addresseC. At this time I have no problem with the proposed exemption as long as all parties are aware of the possible requirements of the U.F.C. If you have any questions, please give me a call. Emergency Services. cc: Dr. Jim Weaver File 806 Cooper Avenue . Glenwood Springs, Colorado 81601 . (303) 945-2575 . FAX (303)945-2597 ii \ Dr. Jim Weaver in No Rural Fire Protection