HomeMy WebLinkAbout2.0 Staff Report 11.30.87RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District C,
environmental constraintsr ds indicated
Management Districts Map.
DESCRIPTION OF THE PROPOSAL
BOcc LL/30/87
The Definition
Trust of H. P. Williams
A tract of land located in the SE
L/4 SE l/4 of Section 27 i NW 1,/4 NW
L/4, E L/2 NW 1,/4, W L/2 NE L/4, E
l/2 NE I/4, of Section 34i T5s,
R90w, approximately 2.5 miles east
of New Cast1e off U.S. Highway 6.
The site consists of a 287 acre
tract.
Existing wells
Existing Individual Sewage Disposal
Systems
nxisting private drives off Hwy 6
A/R/RD
A,/R,/RD and P. U. D.
rural areas with minor
on t.he Comprehensive PIan
The applicant proposes to divide the
two 1ots, 9 acres and 278 acres in
have an existing single-family
improvements. The pre-existing,
extra dwelling unit will be included
PROJECT INFORMATION AND STAFF COMMENTS
Exemption From
Subdivision
ofREQUEST:
APPLICANT:
LOCAT'ION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
I.
II.
A. Site Descsiption.: The site is located in a rural porLion of
@trr land uses in the vicinity primarily
agriculture,/ranching, single-family residential, and open
space. Improvements on the site include two single-family
residences, one additional dwelling unit, and several sheds
and barns, one of which is being maintained as a
pre-existing, non-conforming use for a woodworking shop and
storage. A large portion of the site is level pasture and
agricultural lands.
B. Project Description:
287 acre tract intosize. Each lot will
residence and related
non-conforming use and
on the 9 acre tract.
History: No lots have been created by
acre tract since January I, 1973.
c.
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exemption on the 287
IIT.MAJOR ISSUEd ANDT CONCERNS
Soil Conservation Service information indicates t.hat the
majority of the site is located in areas having only
moderate constraints to the development of dwelling units
and septic tank absorption fields.
The applicant has represented that the proposed division
reflects a natural separation between agricultural lands and
residentia]. land uses. (See Page l)
The applicant has submitted a Water Court RuIing referencing
a single well on the site, and has represented that
documentation of a second well would be submitted.
4. The applicant should clarify E.he pre-existing,
non-conforming use situation on the site by outlining in
writing exactly what uses existed prior to zoning (f973) and
have been maintained since that time.
5. The applicant's proposal to create a single 9 acre parcel,
with two separate dwelling units along with the
pre-existing, non-conforming usest tdises the question
whether such a proposal represents the intensification of
the pre-existing use. The County Attorneyrs office has
advised that a determination by the Board of County
Commissioners on such an issue would be appropriate.
IV.SUGGESTED FINDINGS
1. That proper posting and public notice was provided as
required for the meet.ing before the Board of County
Commissioners.
2. That the meeting before the Board of County Commissioners
was extensive and complete, that aI1 pertinent facts,
matters and issues were submitted and that all interested
parties were heard at the meeting.
3. That for the above stated and other reasons, the proposed
exemption is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the
citizens of Garfield CountY.
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RECoMMENDATToN 1; I 'i |"''' "" ") LI'
1.
2.
3.
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V.
APPROVAL, contingent on the determination by the Board of County
Commissioners that the proposal does not constitute the
intensification of a pre-existing, non-conforming use and,
subject 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. That all shares of irrigation water associated with the
property be divided proportionally between the Iots and,
that a plat note shall be included on the ExemPtion Plat
stating, nThat all irrigation ditches and ditch easements on
the site shall be recognized and maintained as existing and
in place.'
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0 et J *ft --/:3ii"ln3r'I3l:;'l:,"113':rl::u*"ntation
of a second domestic
-{ That the applicant submit a letter from the appropriate fire
./ district, addressing fire protection on the site.
That the applicant shall establish in writing specific uses
that existed on the site prior to zoning, and that have been
maintained as pre-existing, non-conforming uses since that
time.
That a plat note shall be included on the Exemption PIat
stating, "That the creation of separate interests on the 9
acre parcel by selling one dwelling unit, or pre-existing,
non-conforming use separate from the others, is not
authorized by this exemption.'
5.
6.
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