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Home My WebLink About5.0 Resolution 2001-241111111'11111 111111 111111111 111111111111111 11111111111 579606 04/20/2001 12 11P B1246 P895 M RLSDORF 1 of 5 R 0.00 D 0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on ,Monday , the 1 6tlday of April A.D. 2001, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 01- 2 4 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE BOTKIN SPECIAL USE PERMIT APPLICATION FOR ONE (1) ACCESSORY DWELLING UNIT ON THE PROPERTY DESCRIBED IN EXHIBIT A, ATTACHED HERETO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Guy R. and Roberta J. Botkin for a special use permit to allow for approval of one (1) Accessory Dwelling Unit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 9th day of April, 2001, upon the question of whether the above described accessory dwelling unit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners; Page 1 of 4 1111P 11111 111111 111111 111 1111111 11111 111 11111 1111 101 579606 04/20/2001 12:11P B1246 P896 M ALSDORF ,2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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 heard at that meeting; 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; And, WHEREAS, the Board of County Commissioners has made the following determination of findings listed below: I. The Applicant's submission was filed with the Planning Department of Garfield County on the 28th day of June, 2000, and the technically compliant application was referred to the Board of County Commissioners; 2. The Board of County Commissioners established a date for a public hearing on the application for the special use permit and the vesting development rights per 24-68-103, C.R.S., as amended, which commenced on the 9'h day of April, 2001; 3. Pursuant to evidence produced at the public hearing on this application, the Board of County Commissioners finds: a. that the property owners adjacent to the property that is the subject of this application received notification of the date, time, and location of the above -referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; b. that notification of the public hearing was published in a newspaper of general circulation at least fifteen (15) days prior to the commencement of the hearing; c. that the substance of the mailed and published notification substantially informed interested parties of the subject matter and the location of the requested modification to the existing zoning; d. that the Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon; and e. that the requested accessory dwelling unit does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the property that is the subject of this application, or the public interest, and is not granted solely to confer special benefit upon any person. Page 2 of 4 IIIIII 11111 111111E1111 III 1111111 11111 III 1111 1 1111 1111 579606 04/20/2001 12 11P B1246 P897 M ALSDORF a of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 4. Pursuant to 3.02.03 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that, subject to strict compliance with the conditions set forth herein, the special use permit will meet the standards and requirements of 5.03, et sew. of that Zoning Resolution. 5. The special use permit, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and the surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation, or unique features of the site. The Board of County Commissioners finds that no portion of the special use permit conditionally approved herein may be occupied until all appropriate building inspections have been approved by the Building Department. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Botkin Accessory Dwelling Unit is hereby approved subject to compliance with all of the following specific conditions: That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 3. That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage. 4. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 5. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 6. That the applicant contact the Road and Bridge Department to obtain a driveway permit for access onto CR301, with the understanding that it may be necessary to relocate or improve the access in order to meet the Road and Bridge Department standards. This conditional approval shall be valid until 4/9/02. If the applicant fails to meet the conditions by 4/9/02, and subsequently a special use permit is never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners. Once a special use permit is issued, the Page 3 of 4 IIi111 IIIA 111111 IIIIII III 1111111111 III 11111 11111111 579606 04/20/2001 12:11P 61246 P898 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO accessory dwelling use of the property shall commence within 120 days from the date of issuance, unless an extension is granted by the Board of County Commissioners. Dated this 16th day of April , A.D. 2001 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD TYLORADO erk'6t lie Board U on: rtjon dulymade and seconded the foregoing Re �..:a P'�4 g�g following vote: COL I SSIONER CHAIR JOHN F. MARTIN , Aye ' ' . MCCOWN Aye iMMISSIONER WALTER STOWS , Aye STATE OF COLORADO ) )ss County of Garfield ) 1, , 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners Page 4 of 4 1111111 11111 111111 111111111 111111111111111 11111 1111a11 ,579606 04/20/2001 12 11P B1246 P899 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Exhibit A Legal Description: All of Morrisania Ranch in Section 10, Township 7 South, Range 95 11 e, .: *1,. according to the Plat thereof recorded as Document No. 19e ; - %re of the Clerk and Re- corder of Garfield County, Colorado, EXCLz '• 6% feet of said tract. Practical Description: 2943 Morrisania Road (County Road 301), Parachute, Colorado 81635.