HomeMy WebLinkAbout4.0 Resolution 2008-02. <
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Reception!*: 740787 . 01/08/2008 02·17·35 PM Jean Alberico 1 of 3 Rec Fe8:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATEOFCOLORADO )
)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 3rd day of December AD. 2007, there were present:
~Jo=h=n~M=art=in~------------' Commissioner Chairman
;Larry=~M=c~C~o~w~n~-----------' Commissioner
~T=re=s=i=H=o~u=p~t ------------' Commissioner
..,M..,i"'ch"'a.,,e~l..,H.,o:..:.w,_,ar,.d,,_ __________ , Assistant County Attorney
"'J e,,,an=-<Al=-"b"'e.,ri"'co"-------------' Clerk of the Board
"'E"'d'-'Gr=e=en~(A""b"'s"'e=n""t)'------------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2008-02
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR A COMMUNICATION FACILITY LOCATED ON A PROPERTY
OWNED BY Daybreak Realty, LLC, GARFIELD COUNTY
PARCEL NO# 240719300162
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from Daybreak Realty for a Special Use Permit ("SUP") to allow a
Communication Facility (Un-Manned Tower) on their property within the Agricultural Residential
Rural Density zone district; and
WHEREAS, the Board held a public hearing on the3rd day of December, 2007, upon the
question of whether the above described SUP 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 on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
1. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
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1111 Mli. ~1 riMrtU'itlf.~~ .~ttir,~~'.l~I\ ~·y 11111 Reception~: 740787
01/08/2008 02:17:35 PM Jean Alberico
2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. 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. The application has met the requirements of Special Use (Sections 5:03, 5.03.13 and
9:03) the Garfield County Zoning Resolution of 1978, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that a Special Use Permit for a Communication Facility (Un-Manned Tower) on a
property owned by Daybreak Realty, LLC (Parcel No. 240719300162) is hereby approved subject to
compliance with all of the following specific conditions:
(1) 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
unless explicitly altered by the Board.
(2) That the operation of the facility be done in accordance with all applicable federal, state, and
local regulations governing the operation of this type of facility.
(3) That all proper building permits are obtained for the structures associated with the operation
of the Communication Facilities.
(4) The communication facilities must be available for future co-location and the denial of a
landowner/lessor co-location on a site shall be based on technical reasons, not on competitive
interests.
Dated this ~~-
ATTEST:
~·
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1111 Mli. "1 r,riM'ollj .~I ,Hll ,l«r!l,~"~f ,lr~.~1 11 1111 I
Reception#: 740787
01/08/2008 02:17:35 PM Jean Alberico
3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
=C=O=MMI==S=SI=O-=-NE=R~C=H=AIR=-=-JO=HN~""""F"'"'. M='-'AR=TIN="---------• Aye
=C=O=MMI==SS=I=O~NE=R=L=ARR=;==Y~L~. =M=C=C=O~WN~---------'' Aye
=C=O=MM=I=S=SI=O-=-NE=R~1RE~'=sI~H=O=UP~T~-----------·Aye
STATEOFCOLORADO )
)ss
County of Garfield )
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. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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