HomeMy WebLinkAbout2.0 BOCC Staff Report 07.25.1988• •
BOCC 7/25/88
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Exemption from the Definition of
Subdivision.
APPLICANT:
LOCATION:
Charles Davies Family,
Mr . & Mrs . Marc Adler,
Mr . & Mrs . Jerry Adler.
A parcel of land located in the NE
1/4 NE 1/4 Section 9, and NW 1/4 NW
1/4 Section 10, T7S, R89 W; more
practically described as a parcel
located 5 miles south of Glenwood
Springs off of County Road 117.
SITE DATA: The site consists of a 2.001 acre
parcel.
WATER: Individual well
SEWER: Individual sewage disposal system
ACCESS: Private access easement off of
County Road 126.
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District B, Subdivision, Rural Serviceable
Areas, 1/2 to 1 mile radius. There are no easily available central
water and/or sewer systems available to this site.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site has some fairly steep slopes adjacent
to Four Mile Creek. Four Mile Creek separates the largest
majority of the property from County Road 117.
B. Project Description: The applicant's propose to merge a 1.72
acre parcel and a 0.281 acre parcel to create a 2.001 acre
parcel. The parcel will be served by an individual well and
sewage disposal system. Access will be provided by 60 ft. wide
access easement off of County Road 126.
C. History: In 1974, the Board of County Commissioners approved an
exemption to trade 1.72 acres from the Fitzgerald's to Davies for
an access easement. The exemption resolution had a specific
condition stating that the 1.72 acre parcel shall not be
reconveyed separately by the Davies from the adjacent property
without having another exemption approved. The implication being
that the 1.72 acre parcel would be merged with the adjacent land
owned by Davies so that a lot meeting the minimum lot size of two
(2) acres be created. Mr. Davies never did merge the property
together, leaving an illegal 1.72 acre parcel. Mr. Davies left
this parcel to his estate who subsequently tried to sell the
parcel. They were advised that enough additional land to create
at least a 2.0 acre lot would need to be acquired before an
exemption can be approved.
5
Page Two
Davies -Adler
III.MAJOR ISSUES AND CONCERNS
1 The Glenwood Springs Rural Fire Protection District has reviewed
the application and determined that it is within the District
boundaries. (See page r )
2. Soil Conservation Service information indicates severe
limitations for homesite development due to steep slopes,
shrink -swell soils and stones throughout the area.
3. Four Mile Creek runs through a portion of the property and has a
Federal Emergency Management Agency (F .E .M .A .) Floodplain map
applicable to the property. No structures or fill can occur in
the floodway and any structure or fill in the flood fringe would
be subject to a Special Use permit. The County Zoning Resolution
requires a setback of 30 feet from the normal high water mark.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required
for the meeting before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was
extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were heard
at that meeting.
3. That for the above stated and other reasons, the proposed
exemption is in the best interest of the health, safety, morals,
convenience, order prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
APPROVAL, subject to the following conditions:
1. That the following plat notes be included on the recorded
Exemption Plat:
a)
b)
c)
No further divisions by exemption from the definition of
subdivision will be allowed.
Each lot may be subject to engineered foundations and septic
systems.
Portions of the site are subject to 100 Year flooding. Any
structures or improvements on the site are required to
comply with the Garfield County Floodplain Regulations and
must be at least 30 ft. from normal high water mark.
2. That School Impact fees, in the amount
for the creation of the new lot.
3. All representations of the applicant, either within the
application or stated at the meeting before the Board of County
Commissioners, shall be considered conditions of approval.
of $200 per lot, be paid
Glenwoou-Springs Rural Fire Protection District
P.O. Box 2111
Glenwood Springs, CO 81602
7-13-88
Mr. Mark Bean, Planning Director
Garfield County Planning Dept.
109 8th. Street
Glenwood Springs, Colorado 81601
Re. Adler/Davies lot boundry adjustment
Dear Mark,
Recently we were contacted concerning a lot boundry
adjustment up in the Black Diamond Mine area, more
specifically parcels owned by the Davies and the Adlers.
In checking our fire district boundries and confiring with
Glen from your office it appears that the above properties
are within the boundries of our fire district.
If we can be of further assistance on this matter please feel
free to contact our office.
Sincerely,
James S. Mason, Chief
Glenwood Springs Rural Fire District
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JUL 14 19sg
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GAKHELD C.JUNTY
Glenw000prings Rural Fire ProtectioO istrict
P.O. Box 2111
Glenwood Springs, CO 81602
7-13-88
Mr. Mark Bean, Planning Director
Garfield County Planning Dept.
109 8th. Street
Glenwood Springs, Colorado 81601
Re. Adler/Davies lot boundry adjustment
Dear Mark,
Recently we were contacted concerning a lot boundry
adjustment up in the Black Diamond Mine area, more
specifically parcels owned by the Davies and the Adlers.
In checking our fire district boundries and confiring with
Glen from your office it appears that the above properties
are within the boundries of our fire district.
If we can be of further assistance on this matter please feel
free to contact our office.
Sincerely,
James S. Mason, Chief
Glenwood Springs Rural Fire District
111
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