HomeMy WebLinkAbout1.0 ApplicationBEFORE TBOARD OF COUNTY COMMISSIONER•F GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under- signed Paul Dennis Carroll and Richard H. Carroll respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 10 acre tract of land into 3 tracts of approximately 2.5; 2.5; and 5 acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) See Attached Plats and Documents from the definitions of "subdivision" and "subdivision land" as the teras are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: Said property division is within the zoning requirements of the area and will restrict housing density. In support of this petition the petitioner also submits the fol l owi nci: (a) Map drawn to scale showing proposed lot subdivision and access. (b) Vicinity Map. (c) Statement on source of domestic water. (d) Statement on method of sewage disposal. (e) 100 year floodplain information where live stream crosses or adjoins said tract. (f) Fee in the amount of S Submitted at Glenwood Springs, Colorado, this 22nd day of October , 1978 Paul Dennis Carroll and Richard H. Carroll By Patrick M. Fitzgerald, Agent Petitioner c/o P. 0. Box 1330 Glenwood Springs, Colorado 81601 Mailing Address 945-8653 Telephone Number • - • A TRACT OF L14/VD siruArEo iN SWY4 sy SECTION 3 7TWP 7 5., R89W OF 7#'//9 O pO . • ' 13/ �. DO Ac/z& 837 76 Z. So ,L ACES 77G. �y Z. S01 ACRE S 7/4-07- 7 0, 3y7.7/ ' n\C' 4 6 3 /0 9 5 59- 6 '/1"4/ PARCEL NO. 1 - ZOO A Tract of land situated in the SW,SW4 Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Ccrmencing at the Southwest corner of said Section 3; thence N. 01°01'32" W. along the West line of said Section 3, 749.77 feet to a rebar and cap, the True Point of Beginning; thence leaving said West line S. 77°00'00" E. 550.43 feet to a rebar and cap; thence N. 89°56'14" E. 397.71 feet to a rebar and cap and the Westerly right-of-way of a county road; thence along said right-of-way S. 23°25'16" W. 227.24 feet to a rebar and cap; thence leaving said right - of -way S. 89°56'14" W. 837.76 feet to a rebar and cap and the West line of said Section 3; thence along said West line N. 01°01'32" W. 332.87 feet to the True Point of Beginning; containing 5.00 acres, more or less. Revised October 17, 1978 SCARROW AND 1ALKER%KiBNA, INC. 204 8th Street Glenwood Springs, CO 81601 • • A TRACT OF AND srrua rEo iN Sk/Y4 Sk"Y SECT/C/V3 7Th/P 7 5., !?69W OF r#[:p/ 5-.00 f Ac,?tz t1c9s6i9 'w S 89'.56 i9 •'J y'/ PAF 'L D. 2 / ":: Zoo A Tract of land situated in the SW;SWa Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 3; thence N. 01°01'32" W. along the West line of said Section 3, 416.90 feet to a rebar and cap, the True Point of Beginning; thence leaving said West line N. 89°56'14" E. 837.76 feet to a rebar and cap and the Westerly right-of-way of a county road; thence along said right-of-way S. 23°25'16" W. 147.07 feet to a rehir and cap; thence leaving said right -of --clay S. 89°56'14" W. 776.89 feet to a rebar and cap and the West line of said Section 3; thence along said West line N. 01°01'32" W. 134.91 feet to the True Point of Beginning; containing 2.50 acres, More or less. Revised October 17, 1978 SCARRO W AND WAII,MGVTIENA, INC. 204 8th Street Glenwood Springs, CO 81601 • • A TRJ4CT OF L4/VD sirua rEo iN Sk/Y4 Sk/74 SECTION 3 7Tk/P 7 5., R89W OF 71/E- /9/V. ,�c9s6i4'W 83776 sey'5C7 ' 0..3-0 Y- ,gc.nE s S45?'56%' So r 44 -RE s - 7/1f.07. 7/4.07. 5g9'S6 ?..1")1/ PARCEL, NO. 3 /„ ZOO A Tract of land situated in the Soy SW; Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at the Southwest corner of said Section 3; thence N. 01001'32" W. along the West line of said Section 3, 283.79 feet to a rebar and cap, the True Point of Beginning; thence leaving said West line N. 89°56'14" E. 776.89 feet to a rebar and cap and the Westerly right-of-way of a county road; thence along said right-of-way S. 23°25'16" W. 94.78 feet; thence along said right-of-way S. 20° 46'21" W. 63.49 feet to a rebar and cap; thence leaving said right-of-way • S. 89°56'14" W. 714.07 feet to a rebar and cap and the West line of said Section 3; thence along said West line N. 01°01'32" W. 146.29 feet to the True Point of Beginning; containing 2.50 acres, more or less. Revised October 17, 1978 SCARROW AND WAIIa FQBNA, INC . 204 8th Street Glenwood Springs, CO 81601 • • SUBJECT: Field inspection and slope checks by handlevel of Lots 1, 2 and 3 as shown on the attached plat as surveyed by Scarrow and Walker Revision Date: October 17, 1978. On this date (December 8, 1978) the above referenced tract of land was inspected to determine whether or not suitable building sites exist on each lot. In general the topography is relatively flat along the west bank of Four Mile Creek for approximately 50 feet. This area is within the flood channel of the creek. The slopes to the west from this area are quite steep for the next 50 feet to 100 feet (probably 30 percent or steeper). Above this steep area the topography is relatively flat forming a narrow bench sloping to the east at about 10 percent. Above this bench there is another short steep area which is quite narrow (25 feet wide more or less). Above this steep area another bench occurs. The slopes across this bench vary from approximately seven percent to twenty-five percent and are from 50 feet wide on the north side of Lot 1 to approximately 90 feet wide near the center of Lot 2 and main- tains that width to the south side of Lot 3. It therefore appears that a building site exists on each lot. The Four Mile Creek channel was also examined to determine whether there would be any problems which might prevent the construction of a structure across the creek and an access road to the sites. The crossing approaches and the road itself will be relatively expensive to construct but nothing was observed which would prevent such construction. `Richard J. ndeville PE & LS 1779 1779 -0 \" ✓ S10N{��F�� 0. • • - • A TRACT OF LAND sm(a rEo IN Sk/Y4 SWY SECTION 3 7TW/? 7 5., R89W OF 7/r[6/?/? 4 4d3 /0 9 0 oo. 4.— .5-s-0, 11,3, 0 ..Op -2-1- Ac,? 837. 76 Z. so f AcE 5 776".e /*9 _&11� 5,5 9'56" %-1'w esi Z.Sor AcREs 7/9.07 589�6 i9 W / i PARCEL, NO. 1 a Ati /'" Zoo A Tract of land situated in the SW;SW; Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows: Commencing at the Southwest corner of said Section 3; thence N. 01°01'32" W. along the West line of said Section 3, 749.77 feet to a rebar and cap, the True Point of Beginning; thence leaving said West line S. 77°00'00" E. 550.43 feet to a rebar and cap; thence N. 89056'14" E. 397.71 feet to a rebar and cap and the Westerly right-of-way of a county road; thence along said right-of-way S. 23°25'16" W. 227.24 feet to a rebar and cap; thence leaving said right- of-way S. 89°56'14" W. 837.76 feet to a rebar and cap and the West line of said Section 3; thence along said West line N. 01'01'32" W. 332.87 feet to the True Point of Beginning; containing 5.00 acres, more or less. Revised October 17, 1978 SCARJOW AND 1 ALiEF/KBNA, INC. 204 8th Street Glenwood Springs, CO 81601 • • P. 0. Box 1330 Glenwood Springs Colorado 81601 December 11, 1978 Mr. Ray Baldwin County Planner Garfield Planning Office 2041 Blake Avenue Glenwood Springs, Co. 81601 REFERENCE: Senate Bill 35 Exemption, Four -Mile Property, Dennis and Richard Carroll, Willard McClintock Dear Mr. Baldwin: We have applied for exemption from Senate Bill 35 to divide property on Four -Mile Creek into three tracts of land. In that regard, we have retained Richard Mandeville, engineer, to examine the property to determine whether or not there are adequate building sites on the property and a copy of his report is attached. The purpose of this letter is to inform you that we are willing to build on the west side of the creek in those areas designated by Mr. Mandeville and further, that we are willing to construct, at our expense, the necessary creek crossing by way of bridge or culvert, said construction to be done in accordance with good engineering prac- tices. Dennis Carroll Richard Carroll Willard McClintock • • P. 0. Box 1330 Glenwood Springs Colorado 81601 December 11, 1978 Mr. Ray Baldwin County Planner Garfield Planning Office 2041 Blake Avenue Glenwood Springs, Co. 81601 REFERENCE: Senate Bill 35 Exemption, Four -Mile Property, Dennis and Richard Carroll, Willard McClintock Dear Mr. Baldwin: We have applied for exemption from Senate Bill 35 to divide property on Four -Mile Creek into three tracts of land. In that regard, we have retained Richard Mandeville, engineer, to examine the property to determine whether or not there are adequate building sites on the property and a copy of his report is attached. The purpose of this letter is to inform you that we are willing to build on the west side of the creek in those areas designated by Mr. Mandeville and further, that we are willing to construct, at our expense, the necessary creek crossing by way of bridge or culvert, said construction to be done in accordance with good engineering prac- tices. Dennis Carroll Richard arrol1 Yeki Willard M Clintock • • ADDITIONAL FACTS SUBMITTED IN SUPPORT OF PETITION DOMESTIC WATER Petitioner has applied to the Colorado Division of Water Resources for three well permits for the tracts of land in question. Should said permits not be issued, petitioner will reapply for one well permit for the entire ten -acre tract of land and install a water distribution system in accordance with county and state regulations to serve all three parcels. In the event permits are not issued, petitioners will install water stor- age tanks and haul water at their own expense as per the attached letter dated December 1, 1978. It is expressly understood by the petitioner that obtaining said permit or permits is a condition of this exemption and further, that no building permits shall be issued for said tract of land until well permit or permits are obtained. SEWAGE DISPOSAL Petitioner proposes use of individual mechanized and aerated sewage disposal systems and leach field on each tract of land. Such systems have been approved and been successful on adjoining tracts of land. ACCESS Each tract of land adjoins County Road 117 (Four -Mile Road), a paved all-weather county road. FLOOD PLAIN INFORMATION Four -Mile Creek passes through the subject property. There is no present available flood plain data on this area of Four -Mile Creek. It should be noted that the building sites on the property are all located on the west side of Four -Mile Creek. This particular area is approximately 100 to 150 feet above the existing high-water mark of Four -Mile Creek and no flooding problems can be anticipated. AVAILABILITY OF UTILITIES Telephone and electric lines are presently crossing the property. Provisions for water and sewer are as mentioned above and further, it should be noted that domestic wells have successfully been drilled in the immediate area with the water table being located at 80 to 110 feet on neighboring properties. PROTECTIVE COVENA* Petitioner proposes the following protective covenants for the subject property: 1. That the property shall not be further resubdivided. 2. That the property shall be restricted to single-family residential use. 3. That no structure of a temporary character, such as, mobile homes, tents, sheds, garages, be used for dwelling upon said property. 4. That no trade, business or industry be allowed on said pro- perty. 5. The minimum size of any house to be erected on said property shall be 1200 square feet, measured on the outside foundation. 6. Each residence shall contain one fully equiped bathroom and sanitary facilities as approved by the State of Colorado and Garfield County. 7. The keeping of livestock, poultry, goats, etc. shall be pro- hibited on the property except family pets and one horse per two acres shall be allowed. 8. No noxious or offensive conduct shall be allowed on said pro- perty. 9. The outside burning of trash or rubbish shall be prohibited. 10. Any construction commenced on a lot shall be completed within one year of date of commencement. 11. The owner of any lot shall keep the same free and clear of rubbish and trash. 12. No building shall be placed upon the property other than by means of new construction and no old buildings shall be moved upon the property. 13. No billboards or signs shall be allowed upon the property ex- cept standard and approved real estate FOR SALE signs. 14. No hunting or trapping of wildlife shall be allowed on said property. 15. No property owner may alter, obstruct or divert natural drain- age upon said property. -2- w • • 16. Existing foliage and vegetation shall be preserved on the pro- perty to the extent that the same may not be removed further than 20 feet from the foundation line of any structure and only to the extent necessary to install driveways, sidewalks and sewerage disposal facilities. -3- w RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 November 17, 1978 Ms. Stephanie Andreasen Garfield County Planning Department 2014 Blake Ave nue Glenwood Springs, CO 80601 Dear Ms. Andreasen: C.J. KUIPER State Engi neer Re: Carroll Exemption This is to acknowledge receipt of material pertaining to the above referenced exemption. The developer proposed to use individual wells as the water supply. These wells would utilize ground water tributary to Four Mile Creek, a highly over -appropriated stream. Therefore, well permits cannot be issued to individual lot purchasers and we cannot recommend approval of the Carroll Exemption. Very truly yours, JAD/GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. jeris A. Danielson uty State Engineer BEFORE BOARD OF COUNTY COMMISSION OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under- signed Paul Dennis Carroll and Richard H. Carroll respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of 10 acre tract of land into 3 tracts of approximately 2.5; 2.5; and 5 acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) See Attached Plats from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: Said property division is within the zoning requirements of the area and will restrict housing density. In support of this petition the petitioner also submits the followinn: (a) Map drawn to scale showing proposed lot subdivision and access. (b) Vicinity Map. (c) Statement on source of domestic water. (d) Statement on method of sewage disposal. (e) 100 year floodplain information where live stream crosses or adjoins said tract. (f) Fee in the amount of S Cpo Submitted at Glenwood Springs, Colorado, this 22nd day of October , 1978. Paul Dennis Carroll and Richard H. Carroll By Patrick M. Fitzgerald, Aq Petitioner &-.0.44.0&7--4-",..r c/o P. 0. Box 1330 Glenwood Springs, Colorado 81601 Mailing Address 945-8653 Telephone Number