HomeMy WebLinkAbout3.0 BOCC Staff Report 10.09.1984• 1
BOCC 10/9/84
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: For a S.B. 35 Exemption
APPLICANT: William B. Schumann
LOCATION: SE 1/4 NE 1/4 Section 36, T6S,
R95W; located approximately 1 1/2
miles south of tne Colorado River
on the west side of County Road
323.
SITE DATA:
WATER:
The site is approximately 19.6
acres in size. The request is to
expand the size of an existing one
acre lot and to create four (4) new
lots.
Proposed use of the Winn Spring and
water obtained from the West Divide
Water Conservancy district.
SEWER: Proposed individual septic for each
lot.
ACCESS:
Off County Rd. 323 by way of a
proposed 30' wide access easement
wnicn would serve the proposed
parcels.
EXISTING ZONING: A/R/RD
ADJACENT ZONING:
Nortn A/R/RD
South A/R/RD
East A/R/RD
West A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
District B - Subdivision/Rural Serviceable Area. The location is
classified as District B due to the Rulison Industrial Park.
Currently no central water system exists in the area.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is a relatively flat parcel in
agricultural production. The entire parcel witn tne exception of
northern end of the parcel is a producing apple orchard. The
soutneastern portion of the property contains large sheds with false
fronts that appear to be an agricultural market. On the nortneastern
portion of the property, there is an older home surrounded by large
oaks and located on the western portion of the property tnere is a
machinery shed.
History: The applicant owns a total of 19.6 acres. In 1971, Mr.
Schumann purchased 18.6 acres of property. Then, in 1981 an
additional 1 acre parcel was deeded to Mr. Schumann. The 1 acre
parcel was originally a school site under Scnool District 16
ownership. On June 18, 1984, the Board of County Commissioners
directed Mr. Schumann to make a boundary line adjustment to expand the
size of the one (1) acre parcel and to come back before the Board with
a request for four (4) new lots.
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BOCC 10/9/84
B. Project Description: Tne proposal is to expand a one (1) acre lot
through a boundary line adjustment and create four (4) new lots.
Tnere is an existing spring and water secured from the West Divide
Water Conservacy district which is proposed to serve the proposed
lots. Individual septic is proposed tor each Lot.
III.MAJOR ISSUES AND CONCERNS
A. Review Agency Comments:
1) Parachute Rural Fire Department - A letter was received June 8,
1984 stating tnat the Parachute Rural Fire District will be able
to service tne applicant's proposal. The letter recommends that
at least one 2000 gallon cistern with at minimum of a 2 1/2 foot
round or square opening in tne top be installed on the property.
2) The Division of Water Resources sent a letter dated June 19,
1984, that the initial proposal was unacceptable with regards to
water rights. The letter suggested that Mr. Schumann should
obtain water from the West Divide Water Conservancy district (see
page ) .
B. Staff Comments:
1. There has been no subdivision or exemption action on this
parcel since January 1, 1973.
2. The County Road Supervisor nas no objection to the proposed
access off of County Road 323.
3. The Garfield County Subdivision Regulations (Section 8)
states that no more than a total of 4 lots, parcels,
interests or dwelling units will be created from any parcel
as described in the records of the Garfield County Clerk and
Recorder's office on January 1, 1973.
4. Tne applicant proposes to create 4 new lots and make a
boundary line adjustment on a 1 acre parcel to increase it
in size.
5. Between 1975 and 1983, there have been 9 exemptions in a 2
mile radius of this proposal creating 17 lots, 10 acres or
smaller. (A total of 21 new lots were created by the 9
exemptions). (See list, page
IV. FINDINGS
1. That the meeting before the Board of County Commissioners was
extensive and complete, that all pertinent facts, matters and
issues were submitted and tnat all interested parties were heard
at tnat hearing.
2. This exemption proposal meets the requirements of Section 8 of
the Garfield County Subdivision Regulations.
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BOCC 10/9/84
V. RECOMMENDATION
APPROVAL, with the following conditions:
1. Prior to final approval, the boundary line adjustment
requirements of tne Garfield County Subdivision Regulations shall
be submitted tor the existing lot.
2. Only 4 lots shall oe created and that these 4 lots snail oe in
compliance with all Garfield County Exemption and Zoning
Regulations.
3. That approval of tne proposed sources of water supply De obtained
from the Division of Water Resources prior to tinal approval.
4. That a plat be submitted to the Department of Development and
recorded in tne Clerk and Recorder's office. This plat shall
include:
a. Written legal description tor eacn lot including all access,
utility and maintenance easements (access road, water line,
spring, ditch, etc).
b. A signature block for the Board ot County Commissioners and
the County Surveyor.
c. The plat shall read "Schumann Exemption" and make reference
to the Resolution number approving the exemption.
d. A plat note shall read no furtner exemptions shall be allowed
on parcels created by this exemption.
5) Prior to final approval, a centrally located 2,000 gallon cistern
snail be installed with a minimum ot a 2 1/2 foot round or square
opening on the top as per the Parachute Rural Fire Department's
suggestion.
6) The applicant snail deed a portion ot the existing water rights
to the spring or water rights obtained from the West Divide water
Conservancy district to each lot.
7. $600.00 shall be submitted to the Department of Development,
prior to final approval tor tne school impact fee.
8. The applicant has 120 days to meet all conditions.
9. No furtner exemptions shall De granted on the parcels created by
this exemption.