HomeMy WebLinkAboutR22-091 Exemptioin from Subdivision Lonesome B/Porath Exemption File no. SE 009174-2021 DocuSign Envelope ID:C83A8F30-EA21-4B11-8595-08EEDBA355DA
Commissioner chandler-Henry moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022- 091
APPROVAL OF AN EXEMPTION FROM SUBDIVISION
LONESOME B/PORATH EXEMPTION
EAGLE COUNTY FILE NO. SE-009174-2021
WHEREAS, on or about June 5, 2021, the County of Eagle, State of Colorado, accepted
for filing an application submitted by Lonesome B, LLLP (the "Applicant"), for a subdivision
exemption(the"Exemption") for Parcel # 2471-114-00-024, Tract 1 (hereinafter"Porath
Parcel") and 22931 Frying Pan Road(Parcel# 2471-114-00-023, Tract 2) (hereinafter
"Lonesome B, LLLP Parcel"); and
WHEREAS,the Board of County Commissioners of the County of Eagle, State of
Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation included,
but not limited to, C.R.S. §30-28-101, et seq., to plan for an regulate the use and development of
land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of
promoting the health, safety, convenience, order, prosperity, and welfare of the present and
future inhabitants of the County of Eagle; and
WHEREAS,the Board has adopted such zoning and subdivision regulations, which land
use regulations have been incorporated into one comprehensive document entitled"Eagle
County Land Use Regulations" (hereinafter the "ECLUR"); and
WHEREAS, Chapter 5, Section 5-270 of the ECLUR provides that the Board may,
pursuant to a Resolution duly adopted at a public meeting, exempt from the provision of Section
5-280, Subdivision, certain divisions of land under certain circumstances; and
WHEREAS,the purpose of the Subdivision Exemption Section of the ECLUR is to
permit the division of land that is not generally within the purposes of Chapter 5, Section 5-280,
Subdivision; and
WHEREAS, listed examples in the ECLUR of Subdivision Exemption include
legalization of pre-existing lots which were created and established in the records of the Clerk
and Recorder prior to May 5, 1972, notwithstanding compliance with Eagle County Land Use
Eagle County, CO 202217889
Regina O'Brien 11/15/2022
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Regulations in existent the time of the creation of the parcel and lot line adjustments and
correction of boundary errors; and
WHEREAS,the Porath Parcel was created via the Warranty Deed dated June 24, 1965
and established in the records of the Pitkin County Clerk and Recorder on June 28, 1965 and
recorded at reception number 121043; and
WHEREAS,the Lonesome B, LLLP Parcel was created via the Warranty Deed dated
September 22, 1948 and established in the records of Pitkin County Clerk and Recorder on June
22, 1949 at reception number 96499; and
WHEREAS,the proposed Exemption also seeks to adjust a lot line between the Porath
Parcel and the Lonesome B, LLLP Parcel; and
WHEREAS, in accordance with ECLUR Section 5-210.E -Notice of Public Hearings,
notice of the proposed Exemption was mailed to all owners of property adjacent to the Porath
Parcel and the Lonesome B, LLLP Parcel and was duly published in a newspaper of general
circulation through the County concerning the subject matter of the proposed Exemption and
setting forth the date, time, and location the of meeting for consideration of the application by the
Board; and
WHEREAS, at its public hearing held on October 4, 2022, the Board considered the
proposed Exemption, associated plans, the statements and concerns of the Applicant, as well as
the Eagle County Community Development Department; and
WHEREAS,based on the evidence, testimony, and exhibits, as well as comments of the
Eagle County Community Development and Engineering Departments, comments of public
officials and agencies, and comments from all interested parties, the Board finds as follows:
THAT, the Parcels are a type of land division not generally contained within the
purposes of Chapter 5, Section 5-280, Subdivision as the proposed Exemption seeks to adjust a
lot line and legalize two parcels created prior to May 5, 1972. Therefore, the proposed
Exemption is appropriate under ECLUR Section 5-270.A.1.c and ECLUR Section 5-270.A.1.d.
THAT,the application for Exemption complies with the standards in ECLUR Section 5-
270.B -Procedure, as set forth below:
1. Survey. Pursuant to ECLUR Section 5-270.B.1.a, the Exemption includes a
certified survey of the parcel, including legal description which meets the
minimum requirements of a Land Survey Plat. The Land Survey Plat has been
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reviewed by the County Surveyor, County Assessor's Office, County Attorney's
Office, Engineering Department and Planning Division.
2. Access. Pursuant to ECLUR Section 5-270.B.1.b, the proposed Exemption has
legal and physical access to a public street or right-of-way by conventional
vehicle.
3. Water Supply. Pursuant to ECLUR Section 5-270.B.1.c. the Porath Parcel and
the Lonesome B, LLLP Parcel are each provided with a legal, physical, adequate,
and dependable potable water supply through private wells and water rights
servicing each parcel.
4. Wastewater Disposal. Pursuant to ECLUR Section 5-270.B.1.d, the land
proposed for exemption provides for the construction of a wastewater disposal
system, or other lawful means of disposing of human wastes that complies with
all applicable public health laws, with the imposition of the following conditions,
as listed in the staff recommendation(Conditions#2 ).
• The Applicant shall submit a permit(s) from ECPHE and/or CDPHE and
install a 7,279 square foot septic system, in conformance with applicable
regulations.
• The Applicant,upon construction of the new septic system, shall reclaim
and/or abandon in place the existing septic systems, according to Section
43.9.0 of the Eagle County OWTS Regulations, and provide
documentation to ECPHE of chosen method, progress, and finalization of
process
5. Hazards. Pursuant to ECLUR Section 5-270.B.1.e, the land proposed for
exemption will not create hazards and the lot contains a safe, adequate building
site, with the imposition of the following condition, as listed in the staff
recommendation(Condition 4).
• The Applicant shall acknowledge that the uses/buildings are pre-existing;
changes to the site and/ or buildings may require further permitting and/or
Board of County Commissioner approval by Pitkin County and/or
Eagle County.
THAT,the application for Exemption also complies with the standards in ECLUR Section
5-270.A.1.d-Lot Line Adjustments, as set forth below:
1. Lot Line Adjustments. Pursuant to ECLUR Section 5-270.A.1.d, the proposed
Exemption is for the purpose of correcting or straightening the boundary between the
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Porath Parcel and the Lonesome B, LLLP parcel, which are contiguous parcels not
subject to merger and have not previously been approved for subdivision.
2. Area of Land Subtracted. Pursuant to ECLUR Section 5-270.A.1.d(1), the proposed
Exemption does not result in an increase of area to either the Porath Parcel or the
Lonesome B, LLLP parcel exceeding 25% of the total lot area of the lot from which it is
subtracted.The Lonesome B LLLP Parcel increases by 12%, or .09 acres, attributable to
the building encroachment, and .22 acres is attributable to the boundary adjustments on
the eastern boundary. The Porath Parcel decreases .09 acres, or 10%, after conveying
property to Lonesome B, LLLP for the adjustment.
3. Configuration. Pursuant to ECLUR Section 5-270.A.1.d(2), the Porath Parcel and the
Lonesome B, LLLP parcels are in substantially the same configurations as each parcel
was prior to the proposed Exemption and lot line adjustments.
4. Nonconformities. Pursuant to ECLUR Section 5-270.A.1.d(3), the proposed Exemption
does not create a new nonconforming lot or increase the area of existing nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, this Exemption for Subdivision Request is hereby APPROVED, subject to the
following conditions which are necessary to satisfy the standards of approval and have been
agreed to by the Applicant:
1. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in public meetings shall be adhered to and
considered conditions of approval.
2. The Applicant shall submit a permit(s) from ECPHE and/or CDPHE and install a 7,279
square foot septic system, in conformance with applicable regulations.
3. The Applicant, upon construction of the new septic system, shall reclaim and/or abandon
in place the existing septic systems, according to Section 43.9.0 of the Eagle County
OWTS Regulations, and provide documentation to ECPHE of chosen method, progress,
and finalization of process.
4. The Applicant shall acknowledge that the uses/buildings are pre-existing; changes to the
site and/or buildings may require further permitting and/or Board of County
Commissioner approval by Pitkin County and/or Eagle County.
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THAT,the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety, and welfare of the citizens of Eagle County.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, on this 15th day of November, 2022, nunc pro tunc the 4th
day of October, 2022.
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COUNTY OF EAGLE, STATE OF
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ATTEST: BOARD OF COUNTY COMMISSIONERS
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Commissioner Scherr seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Chair Jeanne McQueeney Aye
Commissioner Chandler-Henry AAye
Commissioner Scherr Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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DocuSign Envelope ID:C83A8F30-EA21-4B11-8595-08EEDBA355DA
Exhibit A
Lonesome B LLLP Parcel Legal Description
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11.TOWNSHIP 8 SOUTH,RANGE 84 WEST OF THE
SIXTH PRINCIPAL MERIDIAN,COUNTIES OF EAGLE AND PITKIN,STATE OF COLORADO,TO WIT:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SECTION 11,THE SAID CORNER MONUMENTED BY A FOUND 25 INCH IRON PIPE WITH A 325
INCH BRASS CAP MARKED BLM 1963. FROM WHENCE THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF TIE SAID SECTION 11,BEARS N 88'0Y15-W,331.35 FEET DISTANT,THE SAID CORNER
MONUMENTED BY A FOUND 518 INCH RON PIN WITH 2 INCH BRASS CAP MARKED Mil 1966,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE,N 71'36'18'W,A DISTANCE OF 144.87 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF FRYING PAN ROAD AND THE SOUTHEAST
CORNER OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 476505 IN THE PUBLIC RECORDS OF PITKIN COUNTY,THE SAID CORNER
MONUMENTED BY A FOUND 112in.IRON PIN WITH RED PLASTIC CAP.LS 14111,THE SAID CORNER BEING THE TRUE POINT OF BEGINN8NG;
THENCE,ALONG THE NORTHERLY RIGHT-OF-WAY OF THE SAID ROAD.S 90'2358'W,A DISTANCE OF 130.63 FEET.THE SAID CORNER MONUMENTED BY A
FOUND 5/8in.IRON PIN WITH 1.25'RED PLASTIC CAP STAMPED TRICO PLS 12707;
THENCE,DEPARTING FROM TIE AFORESAID COURSE,N 00.0000-W.A DISTANCE OF 242.91 FEET,THE SAID CORNER MONUMENTED BY A SET 5/en.IRON
PIN WITH YELLOW PLASTIC CAP.PLS 23875;
THENCE,DEPARTING FROM TIE AFORESAID COURSE.N 90'0000'W.A DISTANCE OF 37.27 FEET.THE SAID CORNER MONUMENTED BY A SET 5/Bin.RON
PIN WITH YELLOW PLASTIC CAP.PLS 23875;
THENCE,DEPARTING FROM THE AFORESAID COURSE,N 07-0T37"W,A DISTANCE OF 62.93 FEET,THE SAID CORNER MONUMENTED BY A SET 5I8in.RON
PIN WITH YELLOW PLASTIC CAP,PLS 23875:
THENCE,DEPARTING FROM THE AFORESAID COURSE.S 83'41 V4-W.A DISTANCE OF 240 FEET.THE SAID CORNER MONUMENTED BY A SET 5/8in.IRON
PIN WITH YELLOW PLASTIC CAP.PLS 23875;
THENCE,DEPARTING FROM THE AFORESAID COURSE.N 06'18'58'W.A DISTANCE OF 28.45 FEET,THE SAID CORNER MONUMENTED N 83'41'04'E.3.00
FEET DISTANT BY A BY A SET 518*ICH RON PIN WITH 2INCH ALLOY CAP MARKED WC 3.00".PLS 23875:
THENCE,DEPARTING FROM TIE AFORESAID COURSE.N 83'41'04'E.A DISTANCE OF 50.91 FEET,THE SAID CORNER MONUMENTED BY A SET 5/8in.IRON
PN WITH YELLOW PLASTIC CAP.PLS 23875;
THENCE,DEPARTING FROM THE AFORESAID COURSE.N 00'0000'E.A DISTANCE OF 32.84 FEET TO A POINT ON THE SOUTHERLY HIGH WATER MARK OF
TIE FRYING PAN RIVER THE SAID CORNER MONUMENTED S 00'0000'W,20.00 FEET BY A 5I8INCH RON PIN WITH 2 INCH ALLOY CAP MARKED'20.00'WC
PLS 23875:
THENCE.DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY HIGH WATER MARK OF THE FRYING PAN RIVER THE FOLLOWING FIVE
(5)COURSES:
1.S 8970'14'E,A DISTANCE OF 5.77 FEET;
2 5 43'29'25"E,A DISTANCE OF 14.68 FEET:
3_S 70'22'26'E.A DISTANCE OF 13.18 FEET;
4.N 89.3542'E.A DISTANCE OF 40.88 FEET:
5_S 64'02'47'E,A DISTANCE OF 62.85 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT
INSTRUMENT RECORDED UNDER BOOK 0472,AT PAGE 0828 IN THE PUBLIC RECORDS OF PION COUNTY,THE SAID CORNER MONUMENTED
S 00'35'30"E,20.00 FEET BY A 561 INCH IRON PIN WITH 2 INCH ALLOY CAP MARKED'20.00 WC'PLS 23875:
THENCE,DEPARTING FROM TIE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARIES OF THOSE PARCELS OF LAND DESCRIBED IN THAT
INSTRUMENT RECORDED UNDER BOOK 0472.AT PAGE 0828 IN THE PUBLIC RECORDS OF PITKIN COUNTY,BOOK 0703.AND AT PAGE 0248 IN TIE PUBLIC
RECORDS OF EAGLE COUNTY,S 00'35'30'E.A DISTANCE OF 307.55 FEET TO THE POINT OF BEGINNING.
THE SAID TRACT OF LAND IS CONTAINING 47,517 SQUARE FEET.(1.09 ACRES.MORE OR LESS).
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DocuSign Envelope ID:C83A8F30-EA21-4B11-8595-08EEDBA355DA
Exhibit B
Porath Parcel Legal Description
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11.AND THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 14. TOWNSHIP 8 SOUTH.RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN.COUNTES OF EAGLE AND PITKIN.STATE OF
COLORADO,TO WIT.
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SECTION 11.THE SAD CORNER MONUMENTED BY A FOUND 2.5 INCH IRON PIPE WITH A 325 INCH
BRASS CAP MARKED BLM 1963:THENCE,ALONG THE SOUTHERLY BOUNDARY LINE OF THE SOUTHEAST QUARTER OF TIE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 11.N 88-0315 W,A DISTANCE OF 331.35 FEET TO THE SOUTHWEST CORNER
THEREOF,THE SAID CORNER MONUMENTED BY A FOUND 548 04CH IRON PIN WITH 2 INCH BRASS CAP MARKED BOA 1968.WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO.THENCE.N Browser W,ALONG THE SOUTHERLY BOUNDARY LINE OF THE SAID SOUTHEAST QUARTER OF THE SAID SECTION I I,
A DISTANCE OF 8.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF FRYING PAN ROAD AHD ITS INTERSECTION WITH THE SOUTHERLY
BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 501500 N THE PUBLIC RECORDS OF PITKIN COUNTY.THE SAID CORNER
MONUMENTED BY A SET 5M8 INCH IRON PIN WITH YELLOW PLASTIC CAP,PLS 23875,THE SAID CORNER BEING THE TRUE POINT OF BEGINNING,
THENCE.ALONG THE SOUTHERLY BOUNDARY UNE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 11.N 88'OB'S8'W.A DISTANCE OF 36.78 FEET TO A
POINT ON THE WESTERLY BOUNDARY UNE OF THE SAID TRACT(REC 0501500).THE SAID CORNER MONUMENTED BY A SET 548 INCH IRON PIN WITH YELLOW
PLASTIC CAP.PLS 23875,
THENCE.DEPARTING FROM THE SAID SOUTHERLY BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE SAD SECTION 11. AND ALONG THE WESTERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND(REC 0501500).N 07'38'05'W.A DISTANCE OF 147 58 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF
LAND DESCRIBED UNDER RECEPTION NUMBER 200806611 IN THE PUBLIC RECORDS OF EAGLE COUNTY.THE SAID CORNER MONUMENTED BY A FOUND 11a'nn
IRON PIN WITH RED PLASTIC CAP.LS 14111.
THENCE.DEPARTING FROM THE AFORESAD COURSE AHD ALONG THE EASTERLY BOUNDARY LINE OF THE SAID PARCEL OF LAND(REC 200806611).
N 00'06'30'W.A DISTANCE OF 174 35 FEET TO THE NORTHEAST CORNER THEREOF,THE SAID CORNER MONUMENTED BY A FOUND 1/21n IRON PIN WITH RED
PLASTIC CAP.LS 14111.
THENCE.DEPARTING FROM THE AFORESAD COURSE AND ALONG THE WESTERLY BOUNDARY UNE OF THE SAID PARCEL OF LAND(REC 501500).N 00-30'18'E.
A DISTANCE OF 66.12 FEET TO THE HIGH WATER MARK OF THE FRYING PAN RIVER THE SAID CORNER MONUMENTED S 00'3018'W,50.00 FEET BY A 5/8 INCH
IRON PIN WITH 2 INCH ALLOY CAP MARKED'50.00WC'PLS 23875.
THENCE,DEPARTING FROM THE AFORESAID COURSE AHD ALONG THE HIGH WATER MARK OF THE SAD RIVER,THE FOLLOWING FOUR(4)COURSES.
1_S 82'3E57'E.A DISTANCE OF 79.18 FEET;
2.S 87'1544'E.A DISTANCE OF 17.92 FEET.
3.N 6T4739'E.A DISTANCE OF 16.35 FEET,
4 S 89'20'14"E.A DISTANCE OF 18.13 FEET.THE SAID CORNER MONUMENTED S 00'00'00'W.20.00 FEET BY A 5M INCH IRON PIN WITH 2 INCH ALLOY CAP
MARKED-20.00WC PLS 23875,
THENCE.DEPARTING FROMYELLOW THE AFORESAID COURSE,S 00'00'00 W.A DISTANCE OF 32.84 FEET.
THENCE.DEPARTING FROM THE AFORESAID COURSE,S 83'41'04"W.A DISTANCE OF 50.91 FEET,NE SAD CORNER MONUMENTED N 83'41'04-E.3.00 FEET
DISTANT BY A SET SABn.IRON PIN WITH 2NCH ALLOY CAP MARKED'3.00WC'PLS 23875.
THENCE.DEPARTING FROM THE AFORESAID COURSE.S 06'1858"E.A DISTANCE OF 28.45 FEET,THE SAID CORNER MONUMENTED BY A SET 5/8in.IRON PIN
WIN YELLOW PLASTIC CAP,PLS 23875:
THENCE.DEPARTING FROM THE AFORESAID COURSE.N 83'41'04'E,A DISTANCE OF 2.40 FEET,THE SAID CORNER MONUMENTED BY A SET SBin IRON PIN WITH
YELLOW PLASTIC CAP.PLS 23875.
THENCE.DEPARTING FROM THE AFORESAID COARSE.S OTOT3T E.A DISTANCE OF 62.93 FEET,THE SAID CORNER MONUMENTED BY A SET 5/8in IRON PIN
WITH YELLOW PLASTIC CAP,PLS 23875:
THENCE.DEPARTING FROM THE AFORESAID COURSE.N 90-00.00'E,A DISTANCE OF 3727 FEET,THE SAID CORNER MONUMENTED BY A SET 5U8n IRON PIN
WITH PLASTIC CAP,PIS 23875.
THENCE.DEPARTING FROM THE AFORESAD COURSE.S 00'0000'W,A DISTANCE OF 242.91 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE
SAID ROAD,THE SAID CORNER MONUMENTED BY A FOUND 5l84n IRON PIN WITH 125'RED PLASTIC CAP STAMPED TRICO PLS 12707,
THENCE.DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY RIGHT-OF-WAY OF THE SAD FRYING PAN ROAD.S 80'2039'W.A DISTANCE
OF 74.01 FEET,TO THE POINT OF BEGINNING
THE SAID TRACT OF LAND IS CONTAINING 43,425 SQUARE FEET.(1.00 ACRES.MORE OR LESS).
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