The URL can be used to link to this page

Home My WebLink About9.01 Resolution 2012-531 111 WI\'• ':f1 1 M .~\il .1'•i.ltr.~(lfM I W ~*·~ 1 1111 Reception~: 820944 07 /03 /2012 10 :4 1 :36 AM J ean ~l berico 1 of 6 Reo Fee:$0.00 Doc Fee :0 .00 GAR FIELD COU NTY 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 Administration Building in Glenwood Springs on Monday, the 18th day of June A.D. 2012, there were present: John Martin , Commissioner Chairman -~~~'-------------~ """M=ik=e=-=Sams==o=n,__ ____________ , Commissioner -=T=om==-=J-=ank=o::....:v-=sky=---------------' Commissioner =C=ar:...:::e __ y_.G=a=gn=o=n::__ ___________ ~, Acting County Attorney _Je~an~A=l~be=n=· c~o _____________ , Clerk of the Board ~An~dr'-"e_w'-G ..... o=r_g"""'ey ______________ ~, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. ~O/;J.-53 A RESOLUTION OF APPROVAL FOR A GENERAL ADMINISTRATIVE LAND USE CHANGE PERMIT FOR AN ACCESSORY DWELLING UNIT ON A 13.51 ACRE PROPERTY OWNED BY SONDRA T. WELLES AND PETERS. WELLES LOCATED AT 5343 COUNTY ROAD 100 IN SECTION 25, TOWN SHIP 7 SOUTH, RANGE 88 WEST OF THE 6rn P.M., GARFIELD COUNTY PARCELN0#2393-251-00-151 Recitals A. The Welles General Administrative Land Use Change Permit Application for an Accessory Dwelling Unit (ADU) was submitted for property as further described in Exhibit A, Site Plan. B. The ADU is located within a 13.51 acre parcel ofland owned by Sondra T. and Peter S. Welles (Applicants). The ownership of this property is described in a warranty deed found at Reception Number 702386 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield .County in the Rural Zone District, approximately 4 miles northeast of the Town of Carbondale. D. The ADU may be permitted in the Rural Zone District with a General Administrative Permit. On April 27, 20 12 the Director of the Building and Planning Department issued a 1 , 1 1111'.1. ~~1 M .rl \~~llW.I PJr~~~l ltV.l t M ~·~ 1 1111 R e~ept i o n#: 820 944 07 /03 /201 2 10:41 :36 AM J ean Alb e ri c o 2 of 6 Rec Fe e:$0 .00 Do c Fee:0 .00 GAR FIELD COUN TY CO Director's Determination for approval of a General Administrative Land Use Change Permit for the App lication with conditions of approval including compliance with the Roadway Standards conta ined in the Un ified Land U se Re so lution of 2008 as amended (ULUR). E. On April 30, 2012, the Applicants submitted a request for call-up for Board reconsideration of the Director's Determination and for consideration of a waiver request from the Roadway Standards contained in Section 7-307 of the ULUR. F. On May 7, the Board considered the call-up request at which time they determined by a majority vote to schedule a public hearing on June 18, 2012 for consideration of the Applicant's request. G. The Board of County Commissioners opened a public hearing on the 18th day of June, 2012 for consideration of whether to uphold, modify, or reverse the Director's Determination of Conditional Approval of the Land Use Change Permit for an ADU, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request . H. The Board of County Commissioners closed the public h earing on th e 1 gth day of JlUle 201 2 to make a fina l decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as r equired fo r the hearing b efo re the B oard of County Commissioners. 2. 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 Land Use Change Permit for an ADU and the granting of a waiver from Section 7-307 and amending the Director's Determination accordingly is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That upon compliance with adopted conditions of approval, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the granting of the waiver from Section 7-307 and amended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of2008, as amended. 2 1 111 W.i.~~1 M ,,.,.K~~ ~l',.,flfr.I W l w~ ~·I 11111 Recept 1 o n~: 820944 07/03/201 2 10:41:36 RM J ean Alb e ri c o 3 of 6 Rec Fee :$0.00 Da o Fee :0.00 GARFI ELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. ·The Applicants waiver request from the Roadway Standards contained in Section 7-307 of the ULUR is granted. C . The Land Use Change Pennit for the Sondra T. Welles and Peter S. Welles Accessory Dwelling Unit is hereby approved with the following conditions including an amendment to Condition #14 as contained in the Director's Determination: 1. All representation of the Applicant contained in the application · shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The proposed Individual Septic Disposal System for the Accessory Dwelling Unit shall meet all local and State health regulations and shall be designed by a Colorado Registered Professional engineer if detennined necessary · based on percolation test results. The system shall be sized for two dwelling units and the total number of proposed bedrooms. 3. The Applicant shall maintain compliance with the existing well permits, well sharing agreement and Basalt Water Conservancy Contracts as represented in the Application. The Applicant shall construct the new components of the water system prior to issuance of a certifi cate of occupancy for the proposed Accessory Dwelling Unit. 4 . Prior to the issuance of the Administrative Land Use Change Permit, the Applicant shall provide an updated water quality test reflecting compliance with the ULUR and basic Colorado Primary Drinking Water Standards. Should the report identify concerns or non-compliance the Applicant shall propose treatment options to meet the standards which shall be reviewed and detennined acceptable by the County Environmental Health Manager. Implementation of such treatment options shall be required prior to issuance of a certificate of occupancy for the proposed Accessory Dwelling Unit. 5. Extension of electrical service to serve the ADU will be required at the time of building permit and construction and shall be below grade if detennined to be feasible . 3 1111 w~ ,:n ,M ,~W11 ,1~,1 •n-~f.~ir 1w Ir« ~,~ 11 11 1 Reception#: 820944 07 /03 /20 12 10:4 1 :36 AM J ean Alberico 4 of 6 Reo Fee:$0.00 Doc Fee :0.00 GARFIELD COU NTY CO 6. The proposed ADU shall maintain compliance with all Additional Standards for an Accessory Dwelling Unit contained in the ULUR Section 7-801 including but not limited to a maximum size of 1,500 sq.ft. ownership restrictions, and compliance with all Garfield County Building Code Requirements. 7. Prior to issuance of the Administrative Land Use Change Permit the Applicant will obtain an updated driveway access permit and shall improve the driveway serving the ADU as required by said permit. Timing for the required improvements shall be per the Garfield County Road and Bridge Department policies. 8. The Applicant shall update the site plan and construct/designate two parking spaces for the ADU and maintain the existing turnaround dimensions. 9. All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction and shall address the County Vegetation Manager requests contained in his letter dated 4/27/1 2. 10. The Applicant shall provide bear proof trash containers for any outside storage of trash for the Accessory Dwelling Unit. 11. The Applicant's request for waiver from submittal requirements re lated to topographic mapping for the entire site is acceptable. 12. Prior to the issuance of the Land Use Permit, the Applicants shall confirm that the access deeds provided with the submittals establish access from the site to the County Road or provide additional documentation confirming such legal access. 13. The Applicant shall comply with representations in the submittals to maintain vegetation control to minimize potential impacts from wildfire. Said vegetation control shall include trimming any overhanging trees on the access drive and utilization of the State Forest Service guidelines for defensible space. 14 . A waiver from the Roadway Standards in Section 7-307 of the ULUR to allow the existing access roadway as constructed and in place to serve the proposed Accessory Dwelling Unit is approved . 4 1111 ~-~:ii 1M,a-.\~ ""11 l li~Ml'tWllll\'I W ~. ~11' 11 111 Reeeptiontt: 820944 07 /03/201 2 10 :41 :36 AM Jean Alberi co 5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO (lei Dated this d -day of-~~~-__,,_ ________ , A.D. 20 ( d.- ATTEST: BOARD OF GARFIELD of the Board Upon motion duly made and seconded the foreg following vote: =C-=O=M=M=I=S=SI=O;..:_N=E=R"-'C=HAI=-==R=--=-J-=O=HN:::....:....=:F_,_. =MAR==T=IN'-'----------' Aye _C_O~MM~I~S~SI_O_N_E~R~M-=I=KE~S~AM_S~O~N~----------'Aye -=-C-=-O=M=M=I=SS=I-=-ON"-'-=ER=-=-=T-=O=M=-..:J=-A=-N=K=O'"""""V-=S=K=Y __________ , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerkand 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 5 1111 M\'.1. ~:rM~,11 ~11i ~ 1 •~.imrirl"t.1 1ir 1 1r,1 rµ. ~'" 11 111 Recept i on#: 820944 07 /03/201 2 10:41:36 AM J ean Al berico 6 o f 6 Rec Fee :$0.00 Doc Fee:0.00 G~R F I ~LD COUNTY CO EXHIBIT "A" ·· . ··AcceS.~~:ry o\i,lteutng •Unit Site'Plan .... 6