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HomeMy WebLinkAbout4.0 Resolution 2015-58®III mr,dii. rh,Ie iroit wit Intl 11111 Reception##: 869011 10/07/2015 11:55:48 AM Jean Alberico 1 of 4 Rec 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 Administration Building in Glenwood Springs on Monday, the 21' day of September A.D. 2015, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Batchelder , County Manager when the following proceedings, among others were had and clone, to -wit: RESOLUTION N O, %�_;11 A RESOLUTION OF DENIAL FOR AMENDMENTS TO TIIE CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR A MOBILE TIRE REPAIR SERVICE (RESOLUTION 2007-05) ON A 0.25 ACRE PROPERTY OWNED BY JOSE CASTILLO AND LOCATED WITHIN THE MOUNTAIN SHADOWS SUBDIVISION APPROXIMATELY 113 MILE SOUTHWEST OF THE TOWN OF NEW CASTLE OFF COUNTY ROAD 335 AND APPLE DRIVE IN SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6T P.M., GARFIELD COUNTY (APPLICATION NUMBER CUAA-8288) PARCEL NO# 218103201003 Recitals A. The Board of County Commissioners of Garfield County, Colorado, `Board" received a request to modify Condition #4, #5, #6, #7, #8, #13, and #14 of Resolution 2007-05 and associated Conditional Use Permit for a Home Occupation - Mobile Tire Repair Service. B. The Horne Occupation - Mobile Tire Repair Service is located on an approximately 0.25 acre property owned by Jose Castillo. C. The subject property is located within unincorporated Garfield County in the Residential / Mobile Horne Park zone district, approximately 1/3 mile southwest of the Town of New Castle, 1 1111 Witt .V al; 0rili Iifin i#'1 Lig ®I 111 Reception#: 869011 10/07/2015 11:55:48 AM Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO Colorado accessed by Apple Drive and County Road 335. D. Modifications to the conditions of approval of previously approved Conditional Use Permit may be reviewed as a Substantial Modification under the Garfield County Land Use and Development Code, as amended. E. The Board is authorized to approve, deny or approve with conditions a Substantial Modification to a Conditional Use Permit application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 21St day of September, 2015 for consideration of whether the proposed Substantial Modification should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 21St day of September, 2015 to make a final decision. H. 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. 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 meeting. 3. That for the above stated and other reasons the proposed Amendments to the Conditional Use Permit for the Castillo Home Occupation for a Mobile Tire Repair Service are NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has NOT adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. 111111741'7,0Y1i41Vda �b1'ti�.� �h'r` 4E��:1,��tia�� ����,1 III Reception#' 869011 10/07!2015 11:55-48 AM Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 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. The proposed Amended Conditional Use Permit for a Home Occupation — Mobile Tire Repair Service is hereby Denied. Dated this 5 ` day of Ce ATTEST: , A.D. 20 S �' GARFIELD COUNT BOARD OF OMMISS GARFIELD TY, erk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Nay , Nay , Aye 3 ■Ili 101,1:05%Vil rilli;,11 ,4 ®1111 Reception#: 869011 10/07/2015 1155t48 AM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee -0.00 GARFIELD COUNTY CO 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 4