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Home My WebLink About3.0 Resolution 98-231111111111111111111111 111111111111111111111111111111111 525266 05/15/1998 03:11P 81068 P117 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a reg11l ar meeting of the Board ofCow1ty Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield Cow1ty Courthouse, in Glenwood Springs on Monday , the 20th day of Apri 1 A.O. 19 98 , there were present: Marjan Smjth , Commissioner Chairman ~Jo~hn~M~a~rtMin~---------------• Commissioner Larry McCown , Commissioner Don Deford , County Attorney ~M=il=dr=e=d~A~l=sd=o=r_f ______________ , Clerk of the Board ~C~h~uc~k~D=es~c~h~en~e~s'-'---------------• Coooty Administrator when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. 98-23 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR MICHAEL AND KIM AABERG. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Michael and Kim Aaberg concerned with a Special Use Permit to allow for an Accessory Dwelling; WHEREAS, the Board held a public hearing on the 13th day of April, 1998, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: I. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were . . . -• . . I lll/11111111111111111111111111111111111111111111111111 S2S266 0S/1S/1998 03:11P 81068 P118 H ALSDORF 2 of 4 R 0.00 D 0,00 GARFIELD COUNTY CO 3. That the application is in compliance with the Garfield Coimty Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citi7.ens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for an Accessory Dwelling, upon the following specific conditions: 1. That all proposals of the applicant, made in the application and at the public hearing, shall be considered conditions of approval, mi less specified otherwise by the Board of County Commissioners. 2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended. Specifically, an approved well permit for two (2) dwellings shall be received from the Colorado Division of Water Resources and a well pump test shall be performed demonstrating the following: 1) That a four ( 4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating t11e depth of the well, the characteristics of the aquifor and the static water level; 3) The results of the four ( 4) hour pmnp test indicating the pumping rate in gallons per mfuute and infonnation showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using I 00 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and undissolved solids, to establish a basis for the domestic water to be "safe for human consumption .. 3. That the accessory dwelling mlit shall adhere to the following standards: "One (I) dog will be allowed for each residential m1it on this lot, and the dog shall be required to be confined within the owner's property boundaries. Enforcement provisions shall be developed for allowing the removal of a dog from the area, as a final remedy in worst cases." "No open hearth solid-fuel fireplaces will be allowed on this lot. One (I) new solid-fuel burning stove as defined 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 _______ .. __ ~_ ... _ _. _______ ,_ --· _.£' --•--t f • 1• .. I· 111111 · lllll · HUii · 1111·1111-lll llll llllll ·II I· Hllt 1111 · lllJ 525266 05/15/1998 03:11P 81068 P119 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO "All exterior lighting shall be the minimum amount necessaiy and all exterior lighting shall be directed inward, towards the interior of the lot. Provision; may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado· State· Forest Service)· shall be· used· to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning Resolution in Section 1.08, which states among other things, that "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 witlr a· strong· rural character and a healthy ranching sector." 5. That all constmction will be subject to obtaining the appropriate building permits. Dated this 21 strlay of _ _.Ao.,plo'-r......_i .... 1 ___ ., A.O. 19-9..IL. ATTEST: .. ' ... 1(!l·~flt!i~-lk of the Boarc\ .· ~··.· -, . ', ' .. :_ ~ GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 1 i ~7.-:-?i:,l Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ~--C=O=M~M~IS~S=I=O=N=E=R~C=H=A=I=R=M=A=N~M=A=R=I=A=N~I=·~S=M=I=T=H~-~-~~•Aye COMMISSIONER LARRY L. MCCOWN A ~~-~-~~~~~~~~~~--~--------~• ye COMMISSIONER JOHN F, MARTIN ~~-----~~~~~~~~~~~~-~-----~•Aye STATE OF COLORADO ) )ss County of Garfield ) 111111111111111111 1111 111111111111111111111111111111111 525266 05/15/1998 03:11P 81068 P120 n RLSDORF 4 of 4 R 0.00 D 0.00 GRRFIELD COUNTY CO I, , County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 19 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners ------------------