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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.