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_ .-.~ <br />~ . ~ . <br />recommendation number A. states; "A deed restriction and a plat note <br />which states that Lot 2 cannot be developed or used for other than <br />agricultural uses unless the owner goes through the full subdivision review <br />process". The recorded Final Plat and the Revised Plat of Volk Minor <br />Subdivision contain a plat note which states; "Lot 2 within this subdivision <br />cannot be developed or used for other than agricultural use unless the <br />owner goes through the full subdivision review process." Please note there <br />is no time limit on this condition. <br />Your minor subdivision application was reviewed and processed <br />under the No Impact Minor Subdivision Procedure. I have enclosed a <br />copy of a Resolution of the Board of County Commissioners of the County <br />of Delta, State of Colorado, Resolution No. 96-R-027, Resolution Amending <br />Delta County Subdivision Regulations and Minor Subdivision Regulations <br />For Delta County and Adopting Interim Policy on Family Splits, No Impact <br />Subdivisions and Resource Preservation Plans, II., A. Definition of No <br />Impact; "For purposes of this policy no impact shall mean a division of <br />land in which all the lots (existing and new) have already been <br />developed with habitable residences, functional business structure uses, or <br />agricultural parcels that will remain exclusively agricultural." <br />On June 19, 1998, you deeded Lot #2 and the portion omitted from <br />the recorded final plat of Volk Minor Subdivision Lot #2 to Delta Paving <br />Limited Liability Co., copy of recorded deed attached. Then Grand <br />Junction Pipe and Supply Co. applied fora 1 12 Construction Materials <br />Reclamation Permit from the State of Colorado, Division of Minerals and <br />Geology (Delta Paving Gravel Pit, File No. M-98-105). It appears the <br />present owners of Lot #2 and the portion of Lot #2 which should have <br />been included in the final plat propose to change the land use from <br />agricultural to the mining of gravel. Therefore due to the fact Lot #2 was <br />approved conditional upon agricultural use only, the current owner must <br />go through the full subdivision review process to have the use changed. <br />A No Impact Minor Subdivision has a shortened procedure (no <br />Planning Commission review) but since the new owners are changing the <br />land use on Lot #2 it requires them to go through the full subdivision <br />procedure which requires the application to be reviewed by the Delta <br />Area Planning Committee, the Delta County Planning Commission and <br />then to the Board of County Commissioners. <br />Therefore to bring Volk Minor Subdivision 97-071 into compliance <br />with the intent of the original application; the procedure of how the <br />application was reviewed by the Board of County Commissioners and <br />adjoining property owners; and, the conditions of approval by the Board <br />