HomeMy WebLinkAbout3.0 CorrespondenceGarfield County
September 17, 2007
Tim Thulson
Balcomb and Green P.C.
818 Colorado Ave.
Glenwood Springs, CO 81601
RE: Exemption from the Definition of Subdivision
Dear Tim,
BUILDING & PLANNING DEPARTMENT
As you are aware, on Monday, September 10th, 2007, the Board of County Commissioners
approved the request for an Exemption from the Definition of Subdivision for Donald Ziegler with
the following conditions:
1. That all representations made by the Applicant in a public hearing before the Board of
County Commissioners shall be considered conditions of approval unless otherwise
amended or changed by the Board.
2. The Applicant shall include the following text as plat notes on the fmal exemption plat:
a. Control of noxious weeds is the responsibility of the property owner.
b. One (1) dog will be allowed for each residential unit within a subdivision exemption
and the dog shall be required to be confined within the owner 's property boundaries.
c. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
d. All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of the subdivision
exemption, except that provisions may be made to allow for safety lighting that goes
beyond the property boundaries.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Garfield County
BUILDING & PLANNING DEPARTMENT
e. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy,
ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and County policy provide that ranching, farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so
long as operated in conformance with the law and in a non -negligent manner.
Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations.
f All owners of land, whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditches, controlling weeds, keeping livestock and pets under control, using property
in accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
g.
All new septic systems and residential foundations shall be designed by a
professional engineer licensed to practice in Colorado.
h. Addresses are to be posted where the driveway intersects the County road. If a
shared driveway is used, the address for each home should be posted to clearly
idents each address. Letters are to be a minimum of 4 inches in height, /2 inch in
width and contracts with background color.
i. Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus in adverse weather condition.
Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire; and
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108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Garfield County
BUILDING & PLANNING DEPARTMENT
k "The mineral rights associated with this property will not be transferred with the
surface estate therefore allowing the potential for natural resource extraction on the
property by the mineral estate owner(s) or lessee(s)."
3. Prior to the signing of the plat the Applicant shall provide the following:
a) A four (4) hour pump test be performed on Ziegler East and West wells;
b) A well completion report demonstrating the depth of the well, the characteristics
of the aquifer and the static water level for both wells;
c) The results of the four (4) hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge for both wells;
d) A written opinion of the person conducting the well test that the well should be
adequate to supply water to the number of proposed lots;
e) A legal, well sharing declaration which discusses all easements and cost
associated with the operation and maintenance of the system and who will be
responsible for paying these cost and how assessments will be made for these
costs;
f) The water quality shall be tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates for both wells;
4. A copy of well permits issued pursuant to CRS 37-90-137(2) for the Ziegler East and
West wells;
5. The property is located in the RE -2 School District. As such, the Applicant shall be
required to pay $200 each for Parcels 1, 2 and 3. This fee shall be paid at the time of final
plat;
6. The Applicant shall obtain a State Highway Access Permit prior to the Final Exemption
Plat for signature;
Best regards,
Craig Richard on
Senior Planner
970.945.8212
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108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470