HomeMy WebLinkAbout6.0 Resolution 2012-30■I[! Iripzdvain 11111
Recepption#; 81$800
'3510512012 C1:5>a:34 P, Jean ftberioo
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STATE OF COLORADO )
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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 Administration Building
in Glenwood Springs on Tuesday, the 2Ai day of April A.D. 2012, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom lankovsky , Commissioner
Andrew Gorgev , County Attorney, Acting -County Manager
Carev Gayton , Assistant County Attorney
Jean Alb__erico , Clerk of the Board
when the followingproceedings, among others were had and done, to -wit:
RESOLUTION NO. n?OJa_ .3p
A RESOLUTION CONDITIONAL APPROVAL OF AN ACCESSORY DWELLING
UNIT ON A ON ±35 -ACRE PARCEL OF LAND OWNER BY DANIEL ADAMS
LOCATED ON EAST ELK CREEK IN THE NE Y SECTION 6, TOWNSHIP 5 SOUTH,
RANCH 90 WEST OF THE en P.M., GARFIELD COUNTY
PARCEL NO# 2323-061-00-192
Recitals
A. An administrative application for an Accessory Dwelling Unit (ADU) was submitted
for a property described in a Bargain and Sale Deed recorded at Reception Number 806019 in
the office of the Garfield County Clerk and Recorder (tile Adams Parcel),
B. The Director of Building and Planning is authorized to approve, deny or approve with
conditions an Administrative application that would result in issuance of a Land Use Change
Permit pursuant to the ULUR.
C. The Director of Building and Planning issued an administrative decision of denial of
the ADU based on non-compliance with access and road standards as required by Section 7-307
of the Unified land Use Resolution of 2008, as amended (ULUR).
D, The Director of Building and Planning issued a request for a call-up for Board of
County Commissioner (Board) consideration in scheduling a public hearing, as required by
Section 4-104 A. 8. of the ULUR.
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Reception#: 818406
O5/M/2O12 DT:S0: 4 PM Jean A16ariaa
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E. Daniel Adams, the property owner and applicant, submitted a request for call-up for
Board consideration in scheduling a public hearing pursuant to Section 4-104 B. 1. of the ULUR.
F. The Board held a public meeting on February 6, 2012 at which time they determined,
by &majority vote, to schedule a public hearing on April 2, 2012 to consider whether to uphold,
modify or reverse the Director's decision, based upon compliance of the proposed ADU with the
applicable standards.
G. The Board opened a public hearing on the 2nd day of Apel, 2012 for consideration of
whether to uphold, modify or reverse the Director Determination of Denial of the ADU, during
which hearing the public and interested persons were given the opportunity to express their
opinions regarding the request.
H. The Board closed the public hearing on the 2nd day of April, 2012 to make a final
decision.
1. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
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
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That for the above stated and other reasons the granting of a waiver of §7-307 of
the ULUR and reversing the Director decision of denial for the accessory dwelling is
in the best interest of the health, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County if the use is compliant with adopted conditions of
approval.
4. That, upon compliance with adopted conditions of approval, the application is in
general conformance with the 2030 Comprehensive Plan, as amended.
5. That, with the granting of waiver of §7-307 of the ULUR, and adoption of
conditions, the application has adequately met the requirements of the Garfield
County Unified Land Use Resolution of 2008, as amended.
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Recepption#: 818406
06!0812012 01:50:34 Pig Jean Alberto°
3 of 4 Rao Pee:$0.00 Doc Feee0.00 GARFIELD COUNTY CO
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A waiver is granted regarding compliance with the minimum road standards in §7-307 of
the ULUR.
C. The Director decision is hereby reversed and the Adams ADU approved subject to
compliance with the following conditions:
1. All representations of the applicant within the application and public hearing shall be
considered conditions of approval unless otherwise modified by the Board of County
Commissioners.
2. The ADU shall not exceed 1,500 square feet of finished floor area.
3. All lighting associated with the ADU shall be the minimum amount necessary. All
exterior lighting shall be shielded to. prevent light trespass on any adjoining property
and be downward facing towards the structure.
4. The Applicant shall meet all requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended, except Section 7-307 which has been waived by the
Board of County Commissioners.
5. The ADU shall not be conveyed as a separate interest but may be teased.
6. Prior to issuance of a Land -Use Change Permit the Applicant shall provide an
engineered load rating for the existing bridge over East Elk Creek and post weight
limits on the bridge.
7, Prior to issuance of a Land Use Change Permit the Applicant shall provide address
signage at the Y intersection located approximately %a mile from the main
road/driveway intersection.
8, No further Land Use Change Permits will be issued by Garfield County to a present
or future owner of the Adams Parcel until such time as the access from County Road
241 to the Adams Parcel is improved to comply with the roadway standards as set
forth in the ULUR, as those standards appear at the time an application for
development is filed with the County.
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Reaep+.ion#: 818400
25/08/2092 01:E0:34 F1 Jean Alberiao
4 of 4 Rea Fee:$0.00 Ona Fee:P1.00 [ iRFIELD COUNTY CO
Dated this
ATTEST:
day of Wt ``'`1 , A.D. 20 t .
Upon motion duty made and seconded the forego
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER 'I'OM JANKOVSKY
Aye
Aye
,No
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
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