Loading...
HomeMy WebLinkAbout4.0 Land Use Change Permitril Hrr F Ifr l[ltll l¡, !|ll |l¡ ilNJlltl,l| ll¡itrlt {îl'rl tb}"l' tl ll I î"å"?"'?lå!f iå.'.'ftt{elår."'F3!,â188"èEÊFrELDcouNryc0 LAND USE CHANGE PERMIT WAIVER FROM STANDARDS for PROPERW KNOWN AS LOT 6 OF THE ELDER AMENDED PLAT, A RESUBDIVISION OF A PORTION OF RANCH AT ROARING FORK IV, FILING NO. 3, OWNED BY MARGARET TOLAN AND SANTIAGO MUSSI TISCORNIA, LOCATED APPROXIMATELY 2 MILES EAST OF THE TOWN OF CARBONDALE OFF OF SURREY STREET IN SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. PARCEL NO. 2393 -362-17-006 File No. GAPA-06- 19-87 37 ln accordance with the Land Use and Development Code including but not limited to Section 4-118, Waivers of Standards, the Director of the Community Development Department hereby authorizes the following activity: A WAIVER FROM SECTION 4.203 WATER BODY SETBACK ALLOWING DEVELOPMENT WITHIN THE APPROVED BUILDING ENVELOPE ON LOT 6 OF THE ELDER AMENDED PLAT This Land Use Change Permit - Waiver from Standards is issued subject to the conditions set forth in Exhibit A and in the Director's Decision Letter dated July 26,2019, and shall be valid only during compliance with such conditíons and other applicable provisions of the Land Use and Development Code, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. COMMUNITY DEVELOPMENT DEPARTMENT GARFIELD COUNTY, COLORADO t b r4 Sheryl , AICP Di 1 Com Development Department llllltltr¡'l ll+¡lll{t ürrlì llü Hfi h' 4 Ilr'¡¡llllhl'¡l"l ll ll I Recept ionfr : ø8tø6t2ø19 1ø,2 of 2 Rec Fee 923788 ?8¿?äroB."'F:!,âlBã'åãfiFrELD couNry co EXHIBIT ''A'' CONDITIONS OF APPROVAL 1. That all representations made by the Applicant in the application, includíng the site plan for development of the proposed single family residence shall be conditions of approval unless specifically altered by the conditions of approval. 2. That the Applicant shall comply with all applicable regulations including FEMA and Army Corp of Engineers Regulations, and allexisting permits and approvals including the Flood Plain Development Permit approved by Resolution No. 92-109 and all Army Corp of Engineering permits, approvals, and conditions applicable to the proposed development. That the Applicant shall comply with the following conditions: All structures shall be contained within the building envelope designated on the approved subdivision plat for the Elder Amended Plat, recorded at Reception No. 476659. Site disturbance outside the building envelope shall not impact any areas of wetlands and shall be revegetated after construction. b. The wetlands boundary shall be protected by temporary fencing located between the wetlands and the building envelope. The Applicant shall provide ongoing monitoring of the site and fencing during construction and shall mitigate for any observed impacts outside the building enveloPe. c. The Applicant shall utilize silt fencing or similar methods to protect the wetlands from soil erosion and sedimentation. d. The Applicant shall utilize a foundation detail that reduces site impacts and minimizes impacts adjacent to the edge of the building envelope generally consistent with the Applicant's proposal. 4. During the construction period and prior to certificate of occupancy, the Applicant shall contact the County Vegetation Manager, Steve Anthony and comply with requirements for weed management and re-vegetation as necessary on the site. 3 a 2 GøffieId Couln$ Community Development Department July 26, 2019 Margaret Tolan & Santiago Mussi Tiscornia 1501 Walz Ave. Glenwood Springs, CO 81601 RE: Tolan - Tiscornia Waiver Request (File No. GAPA-06-19-8737) Dear Margaret & Santiago This letter is sent to you as the Property Owners and Applicants for the Tolan - Tiscornia Application for a Waiver from Sectton 4-203 Water Body Setback on Lot 6 of the Elder Amended Plat, a Resubdivision of a Portion of Ranch at Roaring Fork lV, Filing No. 3. The property is located approximately 2 miles east of the Town of Carbondale, on Surrey St. with an address to be determined. The Application requests a waíver from the 35 ft. Water Body setback for wetlands on the lot, consistent with the approved building envelope on the lot. The site is also known by Assessor's Parcel No. 2393-362-17-006. The Director's Decision on the Application is based on the following findings: 1. That proper public notice was provided as required for the Director's Decision, including a determination of substantial compliance regarding notice to mineral rights owners. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons the proposed Waiver from the Water Body Setback consistent with the approved building envelope for the Tolan Tiscornia Property, Lot 6 of the Elder Amended Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 1 5. That with the adoptions of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, including the Section 4-118 (C) Review Criteria for a Waiver of Standards. The Director's Decision is hereby issued approving the Tolan - Tiscornia Application for a Waiver from Section 4-203 Water Body Setback on Lot 6 of the Elder Amended Plat allowing development within the approved building envelope, subject to the following conditions: 1. That all representations made by the Applicant in the application, including the site plan for development of the proposed single family residence shall be conditions of approval unless specifically altered by the conditions of approval. 2. That the Applicant shall comply with all applicable regulations including FEMA and Army Corp of Engineers Regulations, and all existing permits and approvals including the Flood Plain Development Permit approved by Resolution No. 92-109 and all Army Corp of Engineering permits, approvals, and conditions applicable to the proposed development. 3. That the Applicant shall comply with the following conditions a. All structures shall be contained within the building envelope designated on the approved subdivision plat for the Elder Amended Plat, recorded at Reception No. 476659. Site disturbance outside the building envelope shall not impact any areas of wetlands and shall be revegetated after construction. b. The wetlands boundary shall be protected by temporary fencing located between the wetlands and the building envelope. The Applicant shall provide ongoing monitoring of the site and fencing during construction and shall mitigate for any observed impacts outside the building envelope. c. The Applicant shall utilize silt fencing or similar methods to protect the wetlands from soil erosion and sedimentation. d. The Applicant shall utilize a foundation detail that reduces site impacts and minimizes impacts adjacent to the edge of the building envelope generally consistent with the Applicant's proposal. 4. During the construction period and prior to certificate of occupancy, the Applicant shall contact the County Vegetation Manager, Steve Anthony and comply with requirements for weed management and re-vegetation as necessary on the site. This Director's Decision will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for 2 further review. Once this time period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been met the Director's Decision shall become final. Pursuant to the Land Use and Development Code, the Applicant has one year from the date of the Director's Decision to satisfy all conditions of approval or request an extension. Please contact this department if you have any questions Sincerely, ,Ø Shely Bower, AICP Director of Community Development Department CC: Board of County Commissioners 3