HomeMy WebLinkAbout5.0 BOCC Extension Memo 01.18.2021
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STAFF MEMORANDUM
DATE January 18, 2021
REQUEST Extension – Cerise Minor Subdivision
PROPERTY OWNER Dennis and Patricia Cerise
REPRESENTATIVE Jon Fredericks, Land West
LOCATION 16724 Highway 82, Carbondale, CO 81623
I. BACKGROUND
The Cerise Minor Subdivision was conditionally approved on October 19th, 2020 as
memorialized in Resolution 2020-52. The Land Use and Development Code gives
applicants for a Minor Subdivision 90-days to complete applicable Conditions of Approval.
The applicants have indicated that they have been installing required infrastructure and
are working to address all conditions of approval. The applicant is requesting an additional
extension of 90-days to complete required conditions. Approval of the extension would
extend the deadline to meet conditions of approval to April 17, 2021.
II.AUTHORITY
The Board has the authority to grant extensions pursuant to Section 4-101 I. of the LUDC,
which states:
I. Extension of Conditional Approval.
It is the Applicant’s responsibility to timely satisfy any conditions of approval. Prior to the
expiration of a conditional approval, however, the Applicant may request an extension of
the expiration date as follows:
1. Supporting Documentation. Application shall be made to the decision maker
that issued the original approval and shall include a written explanation of
the reasons why the conditions have not been met and the estimated
timeframe in which the conditions will be met or completed.
2. First Extension.
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a. Extensions of 1 year may be granted for all conditional Land Use
Change approvals, and Subdivision or Conservation Subdivision
Preliminary Plan approvals.
b. Exemptions and Final Plat approvals may be extended by a period
of 90 days.
3. Additional Extensions. Requests for longer periods of time, or additional time
extensions following the first extension, shall be made to the decision maker
that issued the original approval, prior to the expiration of the current
approval.
The applicant submitted a timely extension request within the 90 -day period (Exhibit 2).
III. BOARD DECISION
Staff recommends that the Board approve the extension request for an additional 90 -days
to complete applicable Conditions of Approval with the following findings:
1. Proper public notice was provided as required for the public meeting before
the Board.
2. The public meeting before the Board was extensive and complete, that all
pertinent facts, matters and issues were submitted and all interested parties
were heard at those hearings.
3. The request for an extension was properly set and heard before the Board
pursuant to Section 4-101(I)(1) and (2) of the Land Use and Development
Code, as amended.
4. The extension has been determined to be in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.