HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY
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GARFIELD COUNTY, COLORADO
PETITTON FOR EXEMPTTON
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Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garlield County, Colorado, adopted April 23,1984 Section 2:20.49,
theundersigned B€rrt (Duu,ar)'--\-F{q^,orR- respectfullypetitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of '-l
' -1 t3 acre tract ofland into L tracts of approximately -
acres each, more or less, lrom the del-rnitions of "subdivision" and
"subdivided land" as the lerms are used and dehned in C.R.S . (1973) Section 30-28- 101 (10) (a)
- (d) and the Garfield County Subdivision RegulaLions for the reasons stal.ed below:
aO P4r.'i,^' Laua Eorl Hon d tio{ rflc.gE.4 Org?.*.ep Bf
S UBMITTAL REQUIREMENTS:
An application which satislies the review criteria must be submittecl with all the following
information:
"4.Sketch map at a minimum scale of l"=200' showing the legal description of the
property, dimension and area of all lo Ls or separate interests to be created, access
to a public right-of-way, and any proposed easements lor drainage, irrigation,
access or utilities;
Vicinity map at aminimum scale of l"=2000'showing the general topographic
and geographic relation of the proposed exempl.ion to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used.
Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
Names and addresses of owners of record of land immediately adjoining and
within 200 teet of Lhe proposed exemption, mineral owners and lessees ofmineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
Evidence of the soil types and characterisLics o[each type; and
Proof of legal and adequate source of domestic waLer for each lot created,
method o[ sewage disposal, and letter of approval o[ fire protection plan from
appropriate fire district; and
If connection to a corlmunity of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
Narrative explaining why exemption is being requested; and
It shall be demonstrated that the parcel existed as described on January 1,1973
or the parcel as it exists presently is one o[not more than Lhree parcels created
from a larger parcel as it existed on January l, 1973.
A $300.00 fee must be submitted with the application.
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A.
EXEMPTION
APPLICABILITY
The Board ofCounty Commissioners has the discretionary power to exempt a division of land
from the dehnition of subdivision and thereby lrom the procedure in these Regulations,
provided the Board determines that such exemption will not impair or deleat the stated purpose
of the Subdivision Regulations nor be detrimenl.al to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulal.ions.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Boardmay approve, conditionally approve or deny anexemption. An
application for exemption must satisfly, at a minimum, all olthe review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
No more than a total of fouT (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garlield County
Clerk and Recorder's Ofhce on January l, 1973, and is not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or natural lbature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not beconsidered to have been created by exemption wiLh regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
All Garfield County zoning requirements will be met; and
All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
Provision has been made lor an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serye each proposed lot; and
All state and local environmental health and salety requirements have been met or are
in the process of being met; and
Provision has been made lor any requirecl roacl or sl.orm drainage improvements; and
Fire protection has been approved by the appropriate fire district; and
Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 lor each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Gar{ield Counl"y Deparb:rent of DevelopmenUPlanning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
B.
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The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. lf incompleLe, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notilication shall occur within hlteen (15) days of submittal.
Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record ofland irnmediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least filteen (15) and not more than thirty (3Q days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meel.ing.
At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons lor denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
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GARFIELD COUNTY, COLOMDO
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'{A parcel of land situated in the SEtSEi of Section 36, Township 5 South, Range 92 West of
the Sixth Principal Meridian, lying Northerly of the Southerly I ine of said Section 36, said
parcel belng described as follows: Beginning at a point on the Southerly line of said Sec-
tion 16, whence a rock corner found in place and properly marked for the East Quarter Corner
of Sectlon 4, Township 6 South, Range 92 l.lest of the Sixth Principal Meridian bears: S.25'
3Ot28rr |,/. 3268,15 feet; thence S.B9d55f llil W. 502,80.feet along fhe Southerly llne of sald
Sectlon 36; thence N.0lc lBr35rr E. 667.46 f eet; fhence N.B9o 54t 46tt E, 504,24 f eet; thence S.
0la26t00rr W.667.54 feet to a point on the Southerly line of said Sectlon 36, the polnt of
beglnnlng. The above described parcel of land contalns 7.713 acres, more or less..
The above descrlbed parcel of land ls subject to a County Road as const
runnlng along the Souther.ly porflon of the above descrlbed parcel as sh
SCARROW AND WALKER I NC.
Robert D. Scarrow
Reglstered Land Surveyor
June 18, l97l
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I/A parcel of land situated in the SEtSEt of Section 56, Township 5 South, Range 92 l'{est of
the slxth prlnclpat Merldlan, lyin!-Noitnerly of the loutherly line of said section 36, sald
parcel. belng descrlbed as follows: Beginnlng at a point on the southeriy line of said sec-
tlon f6, whence a rock corner found in piace-and pr;p?l!'r'rnarked for tha East Quarter Corner
. of secilon 4, Township 6 south, Range g2 West of ine'sixtn Princlpal Merldlan bears: s.23'
3otzgn w,526g.15 feet; thence s.89;55tlltr w. 5o2.Bo.feet along the southerly llne of sald
Seclon j6; thence N.0io lgti5'r E. 667.46 feet; thence N.89o 54146" E. 504,24 feet; thence s'
OlnZ6tOOr t^l , 667.54 feet to a polnt on the Southerly llne of sald Sectlon 56r.the polnt of
Ueglnnlng. The above descrlbed parcel of land contalns 7.711 acres, more ot.l,f,?,tfr*t,,,
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The above descrlbed parcel of land ls subJect to a County Road as
runnlng along the Soutnerly portlon of the above descrlbed parcel
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