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Home My WebLink About5.0 Resolution 2001-48!IlII 111111 111111 11111 III 111111 IIIl 11111111 • 584547 07/17/2001 02:03P B1269 P504 M ALSDORF 1 of 6 R 0.00 D 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 Courthouse, in Glenwood Springs on , Monday , the 16th day of July A.D. 2001, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 01- 4 8 A RESOLUTION CONCERNED WITH THE APPROVAL OF THE HEINIG SPECIAL USE PERMIT APPLICATION FOR PLACEMENT OF A TWO-FAMILY 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 Stephen Heinig for a special use permit to allow for approval of a two-family dwelling unit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 11th day of June, 2001, upon the question of whether the above described two-family 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: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners; • Page 1 of 5 1 111111 1.1111 111111 111111 11111 11 1 1111111111 11111 1111 1111 • 584547 07/17/2001 02:03P B1269 P505 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 2. 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, WHEREAS, the Board of County Commissioners has made the following determination of findings listed below: 1. The Applicant's submission was filed with the Planning Department of Garfield County on the 8th day of March, 1999, 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 was the 4th day of May, 1999; The Board of County Commissioners re-established a second hearing date on the 11t day of June, 2001, at the applicant's request, at which time the public hearing commenced; 3. 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 two-family 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, • Page 2 of 5 11111111111 11111111111111111 111 IIIIII 111 111111111 1111 • 584547 07/17/2001 02:03P B1269 P506 M LSDORF 3 of 6 R 0.00'D 0.00 GARFIELD COUNTY CO 10upon the public interest, and is not granted solely to confer special benefit upon any person. 4. 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. 5. 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 Heinig Two -Family Dwelling Unit 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. These representations include, but are not limited to, the following: a. The second dwelling unit shall be constructed above the existing garage; b. The second dwelling unit shall not exceed 2 bedrooms or 1,000 square feet; c. Seven parking spaces shall be provided and maintained for the two family dwelling; 2. That the second dwelling unit shall be built according to the Garfield County building code. Substantial changes to the plan, such as but not limited to a change of location or substantial increase in square footage, will require another review which may or may not be approved by the Board of County Commissioners; 3. That the applicant comply with the Zoning Resolution of 1978; 4. That all State and Local health standards be complied with; The applicant shall provide a qualified engineer's opinion as to whether the ISDS is sized appropriately for the existing house and the second dwelling unit prior to issuance of any building permits. If necessary, a new ISDS shall be constructed prior to occupancy of the second dwelling unit, or prior to construction of the second bedroom; 5. That the applicant provide a copy of the approved well permit, prior to issuance of a building permit and special use permit; That the following information must be provided prior to • Page 3 of 5 11111 IIII III 1111111 III.11111111 584547 07/17/2001 02:03P 61269 P507 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO issuance of a special use permit: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to a two family dwelling unit; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. 6. That a legally formed Homeowners' Association shall administer the augmentation water; That the applicant shall comply with the Cottonwood Hollow Homeowners' Association covenants; That no more than 2 people shall occupy each bedroom of the second dwelling unit (or a total of 4 people). Dated thig/_0?.day of July , A.D. ATibST: C.) GARFIELD COUNTY BOARD OF . ; rJ CO 1 1: •NERS, GARFIELD - . CO i OLO;i P O Clerk of the Board Upon motion duly made and seconded the foregoing R following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER STOWE Aye , Aye , Aye STATE OF COLORADO )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. • Page 4 of 5 1111111 11111 111111 111111 111111111111111111 II 11111111 584547 07/17/2001 02:03P 81269 P508LSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO • 1 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 5 of 5 111111111111111111111111111 III 1111111 III 4I IIII IIII 584547 07/17/2001 02:03P B1269 P509 ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO Exhibit A 1 LEGAL DESCRIPTION: Lot 2, Cottonwood Hollow So division i39 o amended Plat of Lots 2 & recorded 3-3-89 as reteptiote n Colorado County of Garfield,