The URL can be used to link to this page

Home My WebLink About7.0 Resolution 2014-451111 PratITE1 NEVA f' i 1111 Reception#: 852739 08/19/2014 10:33:54 RM Jean Plberico 1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 Administration Building in Glenwood Springs on Monday, the 4th day of August A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. -20 I Li -145 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE AN ACCESSORY DWELLING UNIT (ADU), ON A 3.994 ACRE PROPERTY OWNED BY JAMES FUNSTEN, LOCATED APPROXIMATELY 4 MILES EAST OF THE TOWN OF CARBONDALE OFF COUNTY ROAD 100, KNOWN AS 3627 COUNTY ROAD 100, IN LOTS 3 AND 4 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2391-312-00-004 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a call-up hearing by the property owner, James Funsten, to review the Directors Determination regarding an Administrative Review Land Use Change Permit to allow an ADU, as further described in Exhibit A, Site Plan. B. James Funsten submitted an application for an ADU on his property to the Community Development Department that was Denied by the Director on June 18, 2014. On June 19, 2014, James Funsten submitted a letter requesting a Call-up to the Board of the Directors Determination. On July 7, 2014, the Board scheduled the public hearing to review the Directors Determination for August 4, 2014. C. The subject property is located within unincorporated Garfield County in the Rural 1 IN liVrjTalmi ,itInkiporicalio, ®I 1[1 Receptfonii: 852739 08/19/2014 10:33:54 AM Jean Alberico 2 of 6 Rec Fee:$0.00 Doc Fee:0.DO GARFIELD COUNTY CO zone district, approximately 4 miles east of Carbondale, Colorado accessed off County Road 100. D. ADU's may be permitted in the Rural zone district with an Administrative Review Land Use Change Permit. The Directors Determination of Denial was overturned by the Board in a noticed public hearing on August 4, 2014. E. The Board is authorized to approve, deny or approve with conditions an Administrative Review Land Use Change Permit that has been called up to the Board. The application then will result in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 4th day of August, 2014 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 4th day of August, 2014 to make a final decision. H. 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 required for the hearing before the Board 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 a the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Funsten Accessory Dwelling Unit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, as the Comprehensive Plan is advisory in nature, and with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and waiver of Standards for Accessory Dwelling Units, Section 7-701(A), Maximum Floor Area, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 1111 r r.rr111,11KJ11S,4.l4 B III Recepllon#: 852739 08/19/2014 10:33.54 AM Jean Alberlco 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 Land Use Change Permit for an Accessory Dwelling Unit, on a property located at 3627 County Road 100 and owned by James Funsten, is hereby approved subject to compliance with the following conditions: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 2. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701 of the Land Use and Development Code of 2013, as amended. 3. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 4. The ADU shall be required to meet all Garfield County Building Code Requirements including but not limited to additions necessary to meet minimum size requirements and potential upgrading of the building foundation. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction. 5. The Applicant shall maintain conformance with all requirements and conditions with the well permits for the property. 6. The Applicant shall obtain an Onsite Wastewater Treatment System (OWTS) permit through the Garfield County Building Department prior to installation. 7. The Applicant shall obtain an access permit for the southernmost access to the property onto CR 100 from the Garfield County Road and Bridge Department prior to issuance of a building permit for the Accessory Dwelling Unit and the access shall be brought up to current standards. Per Garfield County Road and Bridge comments, the Applicant shall only keep the current southernmost access point open and the other two access points to CR 100 are to be gated. 8. Should the existing foundation on the property be used for the Accessory Dwelling Unit, the structural integrity and the ability of that foundation to support 3 11111 Flali�'��li � h,Y�t'ihi�R��Ah�w�1��4�`�Li,1I 111 Reception#: 852739 08/19/2014 13:33:54 AM Jean Alberlca 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO the Dwelling Unit shall be verified at the time of building permit. 9. The Garfield County Community Wildfire Protection Plan (CWPP) identifies the property as "Very High" wildland fire susceptibility. As a result, the Applicant shall maintain a defensible area around the Accessory Dwelling Unit. In addition, the roof of the Accessory Dwelling Unit shall be made of a noncombustible material as required in the Land Use and Development Code. 10. The Applicant will conduct ongoing weed management on their property in accordance with Garfield County's Noxious Weed regulations. The Applicant is encouraged to utilize resources from the Garfield County Vegetation Managers Office to mitigate weed impacts. Conditions Prior to Land Use Change Permit 11 Prior to issuance of the Land Use Change Permit, the Applicant shall provide an itemized breakdown of how the driveway conforms to Table 7-107, such as easements, surface width, and ditches. Should a non -conformity be identified, the documentation shall be referred to the Garfield County Contract Engineer for additional review. Any non -conforming dimensions would need to be rectified prior to issuance of the Land Use Change Permit. 12. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a map and inventory of all state and locally listed noxious weeds on the property. In addition, the Applicant shall provide a management plan for the identified noxious weeds. The inventory, map and plan shall be reviewed and accepted by the Garfield County Vegetation Manager. Dated this day of ATTEST: rk of the Board GARFIELD OMMISS LINTY CO ONERS OLO A.D. 20 . TY BOARD OF GARFIELD Chairm 4 1111 k'raN1111IV MY, SI II I Receptlontt: 852739 08119!2014 10:33:54 AM Jean Alberico 5 of 6 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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 5 111 kik WNW, 11111 Reception#• 852739 08!19/2014 10:33:54 AM Jean Alberico 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN 6