HomeMy WebLinkAbout8.0 Kinney Waiver SupplementSTEVENS
December 9, 2019
Glenn Hartmann
Garfield County Community Development
Via Email
Re: Kinney Minor Subdivision Amendment
Request for Waiver, Section 7-107. (A)
Glenn,
Development Logistics
Planning and Design
Specialty Housing Markets
(970) 319-0699
0155 Maroon Mesa Road
Carbondale, Colorado 81623
tstevens(l:stevensgroupinc.Com
On behalf of my client I would like to request a waiver from Section 7-107 (A) of the Land Use
Code. This section states:
A. Access to Public Right of Way.
All lots and parcels shall have legal and physical access to a public right of way.
As previously described in detail in our land use application and again in our Request for
Substantial Amendment, the legal access and physical access to Lot 3 of the Kinney Minor
Subdivision are not consistent due to an error in construction decades ago. The legal access is
via an easement that benefits the Kinney property and two properties above. This is a 30 foot
wide easement. The actual driveway that has served these properties for years lays just outside
the easement. This has not been discovered until this application, and was discovered during
surveying for the recordation of the plat for this Minor Subdivision.
Two alternatives exist to cure this situation. With the easement in place, a new driveway can
be constructed, immediately adjacent to the existing driveway, but within the easement. The
applicant has a legal right to do this. This action would also bring the two properties uphill of
the Kinney property into compliance. The second alternative is the simply draft and record a
new easement that contains the existing driveway. It should be noted that either of these
alternatives will benefit the properties above by bringing them into compliance with this same
code section as right now, they do not have both legal and physical access.
Perfecting this access was a condition of approval and was required to be complete prior to
recordation of the plat (see Condition 6). The applicant has attempted to contact the property
owner to negotiate a new easement but has not been able to make contact with him. Time was
to expire on several extensions when it was decided that an amendment to Condition 6 was
required. This amendment would not waive the requirement of legal and physical access to a
Public ROW but instead tie to a different event than recordation of the plat.
Specifically, what has been requested in the Request for Substantial Amendment is to tie
perfecting the access to one of the two alternatives described above to the following:
1. Prior to issuance of a building permit for Lot 3, or
2. Prior to conveyance of ownership of Lot 3.
One of these two alternatives would need to be in place prior to either of these two events.
Glenn Hartmann
December 9, 2019
Page 2
Thank you for your consideration.
Sincerely,
Thomas G. Stevens
The Stevens Group, Inc.