The URL can be used to link to this page

Home My WebLink About4.0 Resolution 2000-9111111111111 „i11111Ilii1111 572316 11/16/2000 02 09P B1217 P721 M ALSDORF 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 Colorado, held in the Commissioners' Meeting Room, Springs on , Magda/ , the /3 tkday of Nov Commissioners for Garfield County, Garfield County Courthouse, in Glenwood A.D. 2000, there were present: John Martin , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. a7000 - 91 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE CLOSS 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 Bret Closs 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 11th day of September, 2000, 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: That proper public notice was provided as required for the hearing before the Board of County Commissioners; Page 1 of 4 1111111111111111111111101111111T11211111111 ' 57231611/16/20000209P 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; And, WI-IEREAS, the Board of County Commissioners has made the following determination of findings listed below: The Applicant's submission was filed with the Planning Department of Garfield County on the 24th day of July, and 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 11th day of September, 2000; 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 • 111111 1 1111 1 1111 11111 111111 11111 11r 1111111111111111 572316 11/16/2000 02 09P B1217 P723 M RLSDORF 3 of 5 R 0.00 D 0.00 GRRFIELD COUNTY CO Pursuant to 3.02 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. 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. 6. 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 Closs 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. That all State and Local health standards be met and that the applicant acquire an adequate ]SDS permit at the building permit stage. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. That it is the applicant's responsibility to comply with any applicable covenants or Homeowners' Association rules. That, prior to issuance of the special use permit, the water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. Page 3 of 4 1 111111 1 1111 1 11111 11111 111111 11111 III III 11111 11111111 572316 11/16/2000 02 09P B1217 P724 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO ':Dated his /q day of 'V o-vem b e ✓Z , A.D. 20Po . GARFIELD COUNTY BOARD OF COIvvII . " NERS, GARFIELD COL TI ' , COLO' 'O Ciottithe Board Upon motion duly made and seconded the foregoing R following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER STOWE 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 Exhibit A Legal Description: NE 'A NW ''A of Section 9, Township 7 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado Practical Description: 5175 Grass Mesa Road, Rifle, CO 81650 II 1111 I 111 I1111111111 IIIIII 111 11111 111 1111111111111 572316 11/16/2000 02 09P B1217 P725 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO