HomeMy WebLinkAbout1.0 ApplicationRe: 886 Mesa Drive Request for Amended Plat
Tax Parcel # 2129-244-03-007
Rifle Creek Estates Lot 7, Filing 2
To Whom it May Concern
As the current owners of 886 Mesa Drive Rifle, CO 81652 we are currently constructing a Single Family
Residence on the above referenced lot. We are requesting an amended Plat for LOT 7 to reflect that the
water line easement and road easement have been removed from the lot.
I have included for reference multiple documents that vacate the easements multiple times from
2000-2016
Current letter from the HOA stating the easements are not in use, they have been vacated and other
access is available for the water line and irrigation lines.
Current ILC
Other requested information I the pre-application conference summary.
Thank you
Brenda Shuster
April 26, 2020
Mr. Glenn Hartmann
Garfield County Planning and Development
ghartmann@garfield-county.com
Dear Mr. Hartmann:
Mrs. Brenda Shuster and I met recently to discuss her ongoing issues with obtaining a building
plan on their lot in Rifle Creek Estates. She provided me with several documents including the
“Termination and Release of Easements Agreement” dated August 2016 and an untitled
document from the Rifle Creek Estates Homeowners Association (RCEHOA) confirming the
“abandonment, release, termination and vacation of the water line easement” through her
property known as Lot 7, Filing 2. If there ever was a road of any type over the easement, it has
long been abandoned and a barn is built over the abandoned line as it passes through Lot 6.
Since any structure that may have resembled a road would have been within the 30-foot
confines of the easement is not needed, identifiable or in use and the easement has been
terminated and released then one should be able to conclude that the road, if there ever was
one, is also terminated and released. In fact, it no longer exists.
The RCEHOA does have a well-defined, maintained, visible road between Lot 5 and Lot 6 built
and maintained to service the potable and irrigation water as well as the water lines serving the
neighborhood.
I hope that this clarification will allow the Shusters to obtain a building permit and begin work
on their new home.
Sincerely:
Jeff Kirkpatrick, M.D.
President, Rifle Creek Estates Homeowners Association.
jeffckpr@gmail.com (303) 775-7956
886 Mesa Drive
Amended Plat
Waiver Request
Section 4-203 E Grading & Drainage
A Waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver;
The site is located on a residential building lot a grading permit was granted before construction began
on the residential building lot.
2. The project size and scope of work support a waiver;
We are requesting an amended plat to complete the recording of Easements that have been removed
from the lot for several years.
3. The Waiver does not compromise a proper and complete review; and response:
A review of the site would not be compromised by the absence of Grading & Drainage plan. The natural
drainage has not been changed and will not be changed by this plat amendment.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
A grading and drainage plan in not material to describing the purpose of this request for an
amended plat showing removal of easements on property.
Section 4-203 F Landscape Plan
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
This site is in a residential neighborhood with a landscaping committee that will be consulted after the
home is constructed.
2. The project size and scope of work support a waiver
This site is in a residential neighborhood with a landscaping committee that will be consulted after the
home is constructed.
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
A landscape plan is not material to describing the purpose of this request for an amended plat showing
removal of easements on property.
Section 4-203 G Impact Analysis
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
This site is in a residential neighborhood with and the building site is a rural zoned vacant lot in a
subdivision. The request for an amended plat or a residential dwelling will have no consequences to
features of the site
2. The project size and scope of work support a waiver
This site is in a residential neighborhood on a vacant lot with a permit for residential construction.
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
An impact analysis is not material to describing the purpose of this request for an amended plat showing
removal of easements on property.
Section 4-203 J Development Agreement
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
This site is in an existing residential neighborhood and a development agreement is not relevant
2. The project size and scope of work support a waiver
This site is in an existing residential neighborhood and a development agreement is not relevant
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
A development agreement is not material to describing the purpose of this request for an amended plat
showing removal of easements on property.
Section 4-203 K Improvements Agreement
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
No improvements are being proposed that would warrant the creation of an improvement’s agreement
2. The project size and scope of work support a waiver
This site is in an existing residential neighborhood and an improvements agreement is not relevant
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
An improvements agreement is not material to describing the purpose of this request for an amended
plat showing removal of easements on property.
Section 4-203 L Traffic Study
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
This site is in an existing residential neighborhood and a traffic study is not relevant. A driveway permit
has been issued for access
2. The project size and scope of work support a waiver
This site is in an existing residential neighborhood and a traffic study is not relevant
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
A traffic study is not material to describing the purpose of this request for an amended plat showing
removal of easements on property.
Section 4-203 M Water Supply & Distribution plan
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
This site is in an existing residential neighborhood and a Water supply for the subdivision already exists.
2. The project size and scope of work support a waiver
This site is in an existing residential neighborhood and a water supply plan is not relevant
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
A water distribution plan is not material to describing the purpose of this request for an amended plat
showing removal of easements on property.
Section 4-203 N Wastewater Management plan
A waiver request shall be considered based on the following criteria
1. The applicant shows good cause for the requested waiver:
This site is in an existing residential neighborhood and a OSW Permit already exists.
2. The project size and scope of work support a waiver
This site is in an existing residential neighborhood and an OSW permit already exists for construction.
3. The waiver does not compromise a proper and compete review.
A proper and compete review of the request for amended plat will not be compromised by this variance.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
A Wastewater management plan is not material to describing the purpose of this request for an
amended plat showing removal of easements on property.
SITE
MESA DRIVESurveying Western Colorado Since 1979
81503-2232
(970) 241-2370
Fax: 241-7025
2718 Sierra Vista Rd
Grand Junction, CO
EMS, I
Q.E.D.
RVEYISU
SYST
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AREA SUMMARY
Notes:
Basis of Bearings Statement:
Shuster Estates
A REPLAT OF Lot 7, RIFLE CREEK ESTATES, FILING 2 (at Reception No. 553483)
SE 1/4 SE1/4 Section 24, Township 5 South, Range 93 West, 6TH Principal Meridian
Shuster Estates
SE 1/4 SE1/4 Section 24, Township 5 South, Range 93 West, 6TH PRINCIPAL Meridian
County of GARFIELD, State of Colorado
Vicinity Map
DEDICATION/OWNERSHIP STATEMENT
KNOW ALL MEN BY THESE PRESENTS:
CLERK AND RECORDERS CERTIFICATE
SURVEYOR'S CERTIFICATE
BOARD OF COUNTY COMMISSIONERS' CERTIFICATE
LEGEND
County of Garfield, State of Colorado
A REPLAT OF Lot 7, RIFLE CREEK ESTATES, FILING 2 (at Reception No. 553483)
LOT 1