The URL can be used to link to this page

Home My WebLink About4.00 Conditions of Approval PROJECT INFORMATION AND STAFF COMMENTS TO Brooke Winschell FROM Philip Berry DATE 11/1/2022 SUBJECT Fogel Minor Subdivision – School Land Dedication Fee BACKGROUND On October 21st, 2022, the Community Development Director issued a decision conditionally approving the Fogel Minor Subdivision (MISA-05-22-8897). Condition #5 required that all school land dedication fees be paid prior to the filing of the Final Plat. The property is located with RE-2 school district. Two additional lots are being created by this minor subdivision. CONCLUSION On November 1, 2022, Lyman Fogel provided the county with a check for $400, covering the school land dedication for RE-2 for the creation of 2 additional lots. Community Development Department 1 Philip Berry From:Robert Noone <rnoone@noonelaw.com> Sent:Thursday, October 20, 2022 4:37 PM To:Philip Berry; Kelly Cave Cc:John Cretti (john.cretti39@yahoo.com); Ryan Jarvis Subject:Re: Fogel Minor Subdivision Technical Completeness Mr. Berry and Ms. Cave, I represent John Cretti, the Trustee of the Zang Family Trust, and am emailing you to confirm that the boundary dispute between the Zang Family Trust and Mr. Fogel has been resolved. Please call if you have any questions. Thanks, Bob Robert M. Noone The Noone Law Firm, P.C. P.O. Drawer 39 Glenwood Springs, CO 81602 Phone: (970) 945-4500 Cell: (970) 379-3200 Fax: (970) 945-5570 Email: RNoone@NooneLaw.com CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED COMMUNICATION The information contained in this e-mail message is protected by the ATTORNEY CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual/entity named above, and the privileges are not waived by virtue of this having been sent by e-mail. If the person/entity actually receiving this email message or any other reader is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and permanently delete the message. Should you have any questions, please contact THE NOONE LAW FIRM at (970) 945-4500 immediately. Thank you. ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐ From: Philip Berry <pberry@garfield‐county.com> Date: Fri, Oct 14, 2022 at 12:33 PM Subject: FW: [External] Re: [External] Re: [External] Re: Minor Subdivision Technical Completeness To: John Cretti <john.cretti39@yahoo.com>, lyman@fogel.org <lyman@fogel.org> Garfield County is requesting that John Cretti submit an email fulfilling Paragraph 7 of the recorded agreement per the Attorney’s Office’s comments below. Some people who received this message don't often get email from rnoone@noonelaw.com. Learn why this is important 2 Thanks and have a great weekend. Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Kelly Cave <kcave@garfield‐county.com> Sent: Friday, October 14, 2022 11:09 AM To: Philip Berry <pberry@garfield‐county.com> Subject: RE: [External] Re: [External] Re: [External] Re: Minor Subdivision Technical Completeness Paragraph 7 requires the Trust to inform the County that the boundary dispute has been resolved. Once you have that, I think the County can move forward. Thanks, Kelly Cave Assistant Garfield County Attorney (970) 945-9150 From: Philip Berry <pberry@garfield‐county.com> Sent: Tuesday, October 11, 2022 4:28 PM To: Kelly Cave <kcave@garfield‐county.com>; Glenn Hartmann <ghartmann@garfield‐county.com> Subject: FW: [External] Re: [External] Re: [External] Re: Minor Subdivision Technical Completeness 3 See attached regarding Lyman Minor Application Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Lyman Fogel <lyman@fogel.org> Sent: Tuesday, October 11, 2022 4:25 PM To: Philip Berry <pberry@garfield‐county.com> Subject: Re: [External] Re: [External] Re: [External] Re: Minor Subdivision Technical Completeness Good Afternoon Philip; Attached is a copy of the Fogel/Zang property line agreement that was recorded at the Garfield County Clerk's Office this afternoon. We are of course anxious to get the subdivision process back on the table. Are you available to meet with me and discuss the process going forward ?? Thanks for your time and patience. Lyman Fogel On Mon, Aug 8, 2022 at 11:31 AM Philip Berry <pberry@garfield‐county.com> wrote: Thank you, Lyman. Have a good day. I’ll be in touch if anything changes on our end. Philip Berry, AICP 4 Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Lyman Fogel <lyman@fogel.org> Sent: Monday, August 8, 2022 9:00 AM To: Philip Berry <pberry@garfield‐county.com> Subject: [External] Re: [External] Re: [External] Re: Minor Subdivision Technical Completeness Good Day Philip, Attached is the signed "Timeline Waiver Request". I'll keep you advised of the legal process. Lyman On Thu, Aug 4, 2022 at 4:07 PM Philip Berry <pberry@garfield‐county.com> wrote: Apologies, I sent this to a closed email account. Good afternoon, Lyman. Due to the ongoing property dispute, the County Attorney’s Office has advised us to put your application on hold. I have attached our timeline waiver form. This will allow us to pause the review of your application until we have a definite answer and can move forward without requiring a full resubmittal. Thanks. I will be briefly away from my desk but will back later this afternoon if you have any questions. There are two versions of the waiver attached depending on which is easier for you to use. 5 Thank you again, Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 1 Philip Berry From:Lyman Fogel <lyman@fogel.org> Sent:Monday, October 31, 2022 11:30 AM To:megan.sullivan@state.co.us Cc:Philip Berry Subject:Fogel Minor Subdivision on permit 68835-F Attachments:DWS statement of adequacy 8-4-22.pdf; WDWCD contract 5-20-21 usage page.pdf; Fogel WDWCD contract amendment 10-20-22.pdf; Pond Water Deed 1994.pdf Follow Up Flag:Follow up Flag Status:Flagged Good Day Megan Sullivan, Reference your letter to Philip Berry, Garfield County Building and Planning Department, dated 8/4/2022, copy attached. Your letter requires a new well permit to support our Fogel Minor Subdivision, MISA‐05‐22‐8897. Our existing well permit, 68835‐F, appears to be adequate for the small scope of the subdivision were it not for the outside usage allowed in our West Divide Water Conservancy District contract dated 5/20/2021 (copy of usage page attached). This contract was included in our subdivision application. Our contract with WDWCD has been amended to eliminate all outside usage. A copy of the new contract is attached, and I believe WDWCD copied you as well in their email transmission of 10‐20‐2022. With 7 residences and no outside usage allowed, we would hope you are able to support our subdivision process with the existing Well Permit 68835‐F. We don't need any outside use of the well. We are well‐watered with good Farmers Irrigation Company and Silt Water Conservancy District surface rights, and our year‐round spring pond water (Pond Water Deed attached) is tapped for landscape and stock water. It was short sighted of me to miss the inclusion of the outside use in the WDWCD contract we processed last year. It had been included in our WDWCD contract in 2009, before the DWR determination that eliminated it, so it was normal for them to continue inclusion and I also missed the usage difference. Again, we are hopeful you can support our subdivision with the existing well permit and the WDWCD contract with no outside usage. If so, please advise Mr. Berry and we will continue the subdivision process. I sincerely appreciate your time in this process. Advise if I can help in any way. Thanks again Lyman Fogel 501 Ingersoll Lane, Silt, CO 81652 970‐948‐0600 lyman@fogel.org