HomeMy WebLinkAbout4.0 Resolution 2005-261 111111 11111 1111111 1111 II II 1111111 :11 111 11111 1111 1111
668725 02/16/2005 11:268 61663 P207 M RLSDORF
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STATE OF COLORADO )
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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 Plaza Building, in
Glenwood Springs on Monday, the 15th day of March, 2004, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Houpt , Commissioner
Don DeFord , County Attomey
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2005-26
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT TO ALLOW DEVELOPMENT OF AN ADDITION TO AN EXISTING
DWELLING UNIT LOCATED WITHIN THE 100 -YEAR FLOODPLAIN.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from James and Kathleen Duke for a Special Use Permit for approval to
construct an addition to an existing dwelling unit within the floodfringe of the 100 year
floodplain of the Roaring Fork River at the 6.0(+/-) acre site located at 256 Flying Fish Road.
WHEREAS, the Special Use Permit request for construction in the 100 year floodplain
specifically will allow the applicant to construct an addition to the currently existing single
family dwelling unit as described in the site plan submitted in the application; and
WHEREAS, the subject property is located in the Agricultural/Residential/Rural Density
(A/R/RD) zone district which contemplates construction in the 100 year floodplain as a Special
Use within that district; and
WHEREAS, the One Hundred Year Floodplain is defined as: "An area in and adjacent to
a stream, which is subject to flooding as the result of the occurrence of an intermediate regional
flood (100 Year Flood), and which area thus is so adverse to past, current or foreseeable
construction or land use without proper flood -proofing or fill measures as to constitute a
significant hazard to public health and safety or to property. (A. 85-211)"; and
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WHEREAS, the FLOODPLAIN REGULATION of Section 6.00 of the Garfield County
Zoning Resolution of 1978 as Amended, intendeds the following;
6.01 STATEMENT OF PURPOSE: It is the purpose of this floodplain regulation,
hereafter "Regulation," to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to: (A. 85-211)
6.01.01 Permit only such uses in designated floodplain that will not endanger life,
health, public safety or property in times of flood. (A. 85-211)
6.01.02 Prohibit the placement of fill, materials and structures which would significantly
obstruct flood flows to the potential damage of others or cause potentially
damaging debris to be carried downstream. (A. 85-211)
6.01.03 Ensure the most effective expenditure of public funds for necessary flood
control projects and flood relief measures. (A. 85-211)
6.01.04 Prevent avoidable business and commerce interruptions. (A. 85-211)
6.01.05 Minimize damages to public utilities, streets and bridges. (A. 85-211)
6.01.06 Minimize the pollution of water by prohibiting the disposal of garbage and other
solid waste materials in floodplain. (A. 85-211)
6.01.07 Encourage but not limit the use of the floodplain for agricultural, open space
and wildlife refuge purposes. (A. 85-211)
WHEREAS, the Board held a public hearing on the l5"' day of March, 2004, 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:
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting 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 has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application has met the requirements of Special Use (Sections 6.08.01 and
9:03) the Garfield County Zoning Resolution of 1978.
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Duke Special Usc Permit
Floodplain Development
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668725 02/16/2005 11:26R 81663 P209 M RLSDORF
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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
construction of an addition to an existing dwelling unit within the floodfringe of the 100 year
floodplain at the site identified in the application, upon the following specific conditions:
I. All representations of the Applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval, unless specifically altered by the Board.
2. The Applicant shall adhere to the performance standards in Section 6.09.02 of the
Zoning Resolution for development in the Flood Fringe and Flood Prone Areas
applicable at the time of approval of this Special Use Permit.
3. The applicant must demonstrate to the Garfield County Building and Planning
Department, Senior Building Official, that when the proposed septic system is built,
that it shall be:
Dateri this
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1. an engineered system if groundwater is encountered within the fust 4 feet of
the top surface of ground; and
2. the proposed replacement septic system shall be in place before the final
Certificate of Occupancy is issued for the proposed dwelling unit addition.
1 4tUay of Februaryt.D. 2005.
GARFIELD COUNTY BOARD OF
CO 1 1 SIONERS, GARFIELD
COUN , COLORADO
Clefkaf tjte $Gard /i Ch
Upon motion duly made and seconded the forego
following vote:
John Martin
Larry McCown Aye
Tresi Houpt , Aye
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Duke Special Use Permit
Floodplain Development
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STATE OF COLORADO
County of Garfield
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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, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of A.D. 2005
County Clerk and ex -officio Clerk of the Board of County Commissioners
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