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HomeMy WebLinkAbout2.00 Staff Report Director's Determination 06.29.20211 File No. FEXA-02-21-8829 Director’s Determination 6/29/2021 PB PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Amended Final Plat – Director’s Decision APPLICANTS (OWNERS) Chris Shaw, Mary Ann Ritter, Brent Ritter REPRESENTATIVE None SURVEYOR High Country Engineering LEGAL DESCRIPTION T.7 S., R. 89 W., 6th P.M.: Section 26: Colodny Exemption Lots 3 and 4 per plat recorded June 22, 1993 as Reception No. 450181, with the Garfield County Clerk and Recorder. PRACTICAL DESCRIPTION (Lot 4) 8102 County Road 117 and (Lot 3) 8106 County Road 117 LOT SIZES Lot 4: 3.64 Acres; Lot 3: 5.50 Acres ZONING Rural I. DESCRIPTION OF PROPOSAL - REQUEST The application seeks to move the property line between Lots 3 and 4 from its current location to the current centerline of Fourmile Creek. The current property line ran through the residence on Lot 3, which will be relieved by moving the lot line. No chan ges related to infrastructure or other technical items are included in the application. The proposed Amended Final Plat can be seen below. II. AUTHORITY - APPLICABLE REGULATIONS This Amended Final Plat Application is being processed in accordance with Section 5-305 Amended Final Plat and Section 4-103, Administrative Review of the Land Use and Development Code. An excerpt from Section 5-305 (C) containing the Review Criteria for an Amended Final Plat is provided below. Altered lot lines were also examined to ensure they were not creating new, nonconforming issues. AMENDED FINAL PLAT REVIEW. 1. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. Public notice for the Director’s Decision was completed by the Applicant in accordance with Sections 4-101, 4-103, and Table 5-103 and has been completed by the Applicants. EXCERPT FROM LAND USE AND DEVEOPMENT CODE AMENDED PLAT 2 III. STAFF ANALYSIS 1. The application is in compliance with the review criteria from 5-305.C. (see above) 2. Notice was met in accordance with section 4-103.B.3. 3. Moving the lot line does not create any new nonconforming conditions and it removes a nonconforming condition from the residence on lot 3. 4. The proposed amendment will not impact any existing or proposed infrastructure or easements, nor will it impact drainage or site access. 5. Both lots will remain in conformance with lot size requirements. 6. Moving the lot line to the centerline of the creek will consolidate property for each owner onto one side of that body of water. This will help simplify property maintenance. 7. Mapped improvements labeled as a shed within a side yard setback. Staff determined this was a utility related structure and allowed within the setback. 8. The improvement labeled as a shed on Lot 4 nearest Four Mile Creek was a pump house and allowed within the water body setback. Proposed Amended Final Plat 3 9. The larger shed on Lot 4 was determined to be a legal nonconforming (in relation to water body setbacks) structure based on representations form the applicant. Further alterations to it must abide by Article 10 Nonconforming Land Uses and Structures and Article 7 Standards. PUBLIC & REFERRAL COMMENTS No public or referral comments were received. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff finds that, subject to the following conditions of approval, the Amended Final Plat of the Colodny Exemption meets the requirements and standards of the Garfield County Land Use and Development Code, especially the criteria contained in Section 5-305 Amended Final Plat Review. The Application is recommended for Administrative Approval by the Director of Community Development Department, subject to the following conditions. 1. That all representations contained in the Application submittals shall be conditions of approval, unless specifically amended or modified by the conditions contained herein. 2. Final edits to the proposed plat shall be completed, reviewed, and accepted by th e County, including County Attorney and Surveyor offices. These shall include, but are not limited to: a. The Plat Title, notes, and certificates may be amended per the County Attorney’s Office and may include specific reference to the original recording information for the plat. b. A purpose statement shall be added to the plat notes, indicating that the plat amendment is for the adjustment of the shared property line. c. Ensure that easements identified by the title commitment are represented on the plat. d. All requirements from the County Surveyor’s shall be addressed to the satisfaction of the County Surveyor prior to submittal of the plat for final execution. 3. The following corrections shall be made to the plat: a. Setbacks shall be included on both Lot 4 and Lot 3. b. The “Side Yard Setback” extending from the start of the proposed property line to the northwest corner lot 3 will be changed to a “Front Yard Setback.” c. Any plat notes from previous plats shall be included on the Amended Plat or a statement indicating that previous plat notes remain in effect. d. All improvements shall be removed from the plat prior to submitting the mylar of the Final Plat. e. All owners of lots and their lienholders shall be required to sign/approve the amended final plat. f. Plat certificates shall be updating to reflect an amended final plat and not a boundary line adjustment. 4 i. Certificate of Dedication and Ownership and Boundary Line Agreement should be replaced with the standard Certificate of Dedication and Ownership.