HomeMy WebLinkAbout5.0 Resolution 2000-70111111111111111111 SP uuii m iiiuii 111 11111 iui iui •
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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 , MQI1day , the 5th day of sept . A.D. 2000, there were present:
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 0- 7 0
A RESOLUTION CONCERNED WITH THE APPROVAL OF THE YENTER SPECIAL USE
PERMIT APPLICATION FOR ONE (1) GUEST HOUSE.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Martin and Pamela Yenter for a special use permit to allow for
approval of one (1) Guest House Unit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 14th day of August, 2000, upon the question of whether the above
described guest house 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;
2. That the hearing before the Board of County Commissioners was extensive and
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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 2nd day of June, 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 14th day of August,
2000;
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 guest house 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.
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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 Yenter Guest House 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.
2. That the applicant shall meet all requirements of the Garfield County Zoning
Resolution of 1978, as amended, and shall meet all building code requirements.
3. That all State and Local health standards be met and that the applicant acquire an
adequate ISDS permit at the building permit stage.
4. That the gross floor area of the guest house shall not exceed 1,000 square feet and
that the length of stay of a guest shall be limited to thirty (30) days, unless said guests are
the grandparents, parents, siblings, or children of the occupants of the primary structure.
5. That the guest house shall not be conveyed as a separate interest or leased. The
primary purpose of the guest house shall be to provide temporary quarters for guests.
6. That it is the applicant's responsibility to comply with any applicable Mineota
Homeowners' Association rules.
Dated this 5th day of September , A.D. 2000
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GARFIEL
CO
CO
OUNTY BOARD OF
RS, GARFIELD
LORADO
Jerk ofthe_=Board
''qp§ir motion duly made and seconded the foregoing R
1010, , ,g,vdte:
COMMISSIONER CHAIR JOHN F. MARTIN
adopted by
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER STOWE
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
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LOT 5, MINEOTA RIDGE ESTATES FILING NO. 2, THE PLAT OF WICH IS RECORDED AS
DOCUMENT NO. 255379
which has the address of 0604 MINEOTA ROAD
[street]
SILT , COLORADO 81652
[City]
[Zip Code]
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
L Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly
pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late
charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,
Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in
full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security
Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any;
(c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly
mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called
"Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the
federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601
et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at
any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the
amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow
Items or otherwise in accordance with applicable law.
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