HomeMy WebLinkAbout5.0 Resolution 96-29• • 78
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MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00
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 20thof May A.D. 19 96 , there were present:
Marian I. Smith , Commissioner Chairman
Arnold L. Mackley Commissioner
Elmer "Buckey" Arbaney , Commissioner
Don K. DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 96-29
A RESOLUTION CONCERNED WITH AMENDING RESOLUTION NO. 96-23 (Evans)
REGARDING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION
WHEREAS, Jack Evans Jr. petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided
land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of
Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60, with the exemption
parcels more practically as follows:
Located on a tract of land in a portion of Section 10, T7S, R95W of the 6th P.M.
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board of County Commissioners held a public meeting on the 2nd day of
January, 1996, upon the question of whether the above-described exemption from the definition of
subdivision should be granted or denied, at which meeting the public and interested persons were given
the opportunity to express their opinions regarding the issuance of said exemption; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned meeting, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
2. That 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.
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3. For the above stated reasons, the proposed use is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
WHEREAS, the Board of County Commissioners authorized the exemption from the definition
of subdivision on 15th day of April, 1996, in Resolution No. 96-23 based on eleven enumerated specific
conditions.
WHEREAS, the applicant has drilled three wells on the described tract of land and provided
well completion reports and test information for these wells to the Board of County Commissioners.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County,m Colorado, that the specific conditions set forth in Resolution No 96-23 be amended as
follows:
1. Condition No. 7, the third plat note shall be amended as follows:
"In the event that a shared well system is used for this exemption, a minimum 1000 gallon water
tank shall be installed at each lot. This shall be done at time of building permit application at the
expense of the building permit applicant. If a central tank is to used, the sizing shall be a minimum
of 1000 gallons per lot created and served by the central water system."
2. That the well sharing agreement approved for this exemption provides that the applicant
may apply to the State Engineer's Office for approval for in-house domestic use only of Evans Well
No. 1 (Test permit Nol MH -27342), Evans Well permit No. 2 (Permit No.1 191825), and Evans Well
No. 3 (Test Well permit No. MH -27341). In the event that applicant obtains approval of the three
permits for house hold use only on each of the three parcels created by this exemption, applicant may,
as owner of all parcels, repeal the well sharing agreement. In approving this exemption, the Garfield
County Commissioners have made no determination as to material injury to vested water rights; nor
taken any action that usurps the right or duty of the State Engineer's office to make determinations
of injury to vested water rights; nor limits the State Engineer's consideration of any well permit
applications for lots created by this exemption.
Dated this 20 day of May , A.D. 19 96 .
ATTEST:
14, ei
Clerk of the Board
vote:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I. Smith
Arnold L. Mackley
Elmer "Buckey" Arbaney
, Aye
, Aye
, Aye
111
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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. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners