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HomeMy WebLinkAbout5.0 Resolution 2008-571111 IA I'11M141I I4! I 14VrC H? M 'L I# l'111111 Reception#: 747017 04/22/2008 11:22:01 RM Jean Alberico 1 of 3 Rao 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 Courthouse, in Glenwood Springs on, Monday, the 141 day of April A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-57 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERNIIT FOR A COMMUNICATION FACILITY LOCATED ON A PROPERTY OWNED BY WILLIAM AND EUNICE SMITH PARCEL NO# 217923300202 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from William and Eunice Smith for a Special Use Permit ("SUP") to allow a Communication Facility (Un -Manned Tower) on their property within the ARRD (Agricultural Residential Rural Density) zone district; and WHEREAS, the Board held a public hearing on the 141 day of April, 2008, upon the question of whether the above described SUP 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 on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 11111U4117441 11ii1VAi1i4miL 1400.11 41114 111111 Reception#: 747017 04/22/2008 11:22:01 AM Jean Alberico 2 of 3 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO 2. The meeting 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. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5.03.13 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for a Communication Facility (Un -Manned Tower) on a property owned by William and Eunice Smith is hereby approved subject to compliance with all of the following specific conditions: 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2) The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3) The communication facility shall be available for future co -location and the denial of a requested co -location shall be based on technical reasons, not on competitive interests; S./ - D at e d fDated this o21 day of ATTEST: , A.D. 20 or . GARFI CO !! COL 2 ax COUNTY BOARD OF ERS, GARFIELD COUNTY, in" \. l,.i..Q. mAAAAs erk of the Board Cha 2 1111 MIK111191 11III Reception# 747017 04/22/2008 11:22:01 AM Jean R1berico 3 of 3 Rec Fee:$0.00 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 LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , 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. 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 3