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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
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Sheryl , AICP
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Com Development Department
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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.
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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.
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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
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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
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