HomeMy WebLinkAbout5.0 Resolution 93-039B.lor( 862PAci841 \
REc'RDED n.r 1,: sy o.cLgcr p -u. nfil 18 R93
REc t 44?568 MTLoRED ALSDoRF, couNrY cLERK
STATE OF COLORADO
County of Garheld
At a reqular meeting of the Board of County Commissioners for Garheld County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Mondav the ITth dav of Mav A.D. 19-93-, there were
present:
Elmer (Buckey) Arbaney , Commissioner Chairman
Marian T Smith , Commissioner
Arnold L. Mackley ,
Don F)eFord
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Qgmmissioner
County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck l-'teschenes , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.93-O39
A RESOLI.NION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR BARBARA FASCHING.
WHEREAS, the Board of County Comm i ssioners of Garfield County, Colorado, has received
application from Barbara Fasching to allow a resort on the following described tracts of land:
Tract of land located in Lot 2 of Section 10, Township 8 South, Range 88 West of the 6th
Principal Meridian
Described as follows:
Beginning at a point from which the NO. l/4 corner of Section 10, Township 8 South, Range
88 W. of the 6th P.M., bears N. 49'05'W. 599.7' thence S. 78'13'8.736 feet;more or less to
center of Crystal River thence Southerly along center of Crystal River 772' more or less, to a
point; thence S. 80 " 49' W. 697' more or less, thence N. 40 " 17' 8.1024.22to place ofbeginning.
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the I 5th day of March I 993, upon the question
of whether the above-described Special Use Permit should be granted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
issuance of said Special Use Permit; and
D
B.,orr 862 i'rri842
WHEREAS, the Board on the basis of substantial competent evidence produced at the
alorementioned hearing, has made the lollowing determination of fact:
l. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
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 hearing.
3. That the application is in compliance with the Garfield County Zonrng Resolution of
1978, as amended.
4. For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garf-reld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofGarheld
County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the
above described tract of land for a resort, upon the following specific conditions:
1. All representations of the appalicant, either within the application, or stated before the
Board of County Commissioners, shall be considered conditions of approval unless
stated otherwise by the Board.
2. Prior to issuance of the Special Use permit, a copy of the approved Colorado Divsiin
of Water Resources well permit #03094F shall be provided to the Planning
Departrnent.ll be issued when all conditions are met and shall expire 360 days after
issuance, unless construction or use have commenced.
3. The Colorado Department of Health, Drinking Water Division, shall approve the
proposed drinking water treatment system.
4. The Carbondale Fire District shall review and approve the proposed hre protection
plan, and the applicant shall make any changes requested by the Fire Chief, including
internal sprinkling fo r guest ro oms in the new buildings from a lunctio nin g water system
or other hre protection for the units that is acceptable to the Fire District.
5. the resort will comply with the State Department of Health, consumer Protection
Division, Iicensing requirements for a commercial kitchen, if required.
6. That the only meals to be served at the bed & breakfast be for overnight guests of the
facility and that there will not be a public restaurant on the site.
7 . The Mt. Sopris Inn will use outdoor lighting hxtures which will direct the lighting down
to cover the ground but which wilI not create any glare which substantially interferes
with the existing use and enjoyment of adjoining property or which creates a public
nuisance.
8. The Mt. Sopris Inn shall fence where appropriate and provide signage which will
identify the property line of the Mt. Sopris Inn and requesting its guests not to trespass
on any adjoining private property.
Dated this rztn day of uav , A.D. 19 e3
Bn,,,. 862 .'.'843
ATTEST:
vote:
GARFIELD COUNTY
COMMISSIONERS,
COUNTY, COLORADO
BOARD OF
GARFIELD
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer fBuckev) Arbanev ,
Marian I Smith
Aye
Aye
AyeArnold L. Mackley ,
STATE OF COLORADO
County of Garheld
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 lrom the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
INWITNESS WHEREOF, I have hereunto set my hand and affxed the seal of said County,
at Glenwood Springs, this
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day of A.D. l9_.
County Clerk and ex-oflicio Clerk of the Board of County Qqmmissioners
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of the Board