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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 Administration Building
in Glenwood Springs on Monday, the 21st 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 done, to -wit:
RESOLUTION NO.020 /5'57'
A RESOLUTION OF APPROVAL FOR AMENDMENTS TO THE CONDITIONS OF
APPROVAL OF A CONDITIONAL USE PERMIT FOR AUTO BODY REPAIR,
PAINTING AND WELDING (RESOLUTION 2000-53) ON A 0.25 ACRE PROPERTY
OWNED BY RICHARD MEDINA AND LOCATED WITHIN THE MOUNTAIN
SHADOWS SUBDIVISION APPROXIMATELY 1/3 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 OH P.M., GARFIELD
COUNTY (APPLICATION NUMBER CUAA-8289)
PARCEL NO# 218103201002
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request to modify Condition #4, #5, #7, and #9 of Resolution 2000-53 and associated Conditional
Use Permit for a Home Occupation — auto body repair, painting and welding.
B. The Home Occupation — auto body repair, painting and welding is located on an
approximately 0.25 acre property owned by Richard Medina.
C. The subject property is located within unincorporated Garfield County in the Residential
/ Mobile Home Park zone district, approximately 1/3 mile southwest of the Town of New Castle,
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Colorado accessed by Apple Drive and County Road 335.
D. Modifications to the conditions of approval of a 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 the 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 2l 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 2153 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 with the adoption of waiver from the Home Office/Business standards, the
application has adequately met the requirements of the Garfield County Land Use and
Development Code, Section 7-702(A)(2) and Section 7-702(3).
4. That for the above stated and other reasons the proposed Amendments to Condition
#7 to the Conditional Use Permit for the Medina Home Occupation for an auto body,
painting and welding business is NOT in the best interest of the health, safety,
convenience, order, prosperity and welfare of the citizens of Garfield County.
5. That for the above stated and other reasons the proposed Amendments to Condition
#4, #5 and #9 to the Conditional Use Permit for the Medina Home Occupation for an
auto body, painting and welding business are in the best interest of the health, safety,
convenience, order, prosperity and welfare of the citizens of Garfield County.
6. That with the adoption of conditions, the application is in general conformance with
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the 2030 Comprehensive Plan, as amended.
7. That the proposed amendments to Condition #7 have NOT adequately met the
requirements of the Garfield County Land Use and Development Code of 2013, as
amended.
8. That the proposed amendment to Condition #4, #5 and #9 have adequately met the
requirements of the Garfield County Land Use and Development Code of 2013, as
amended.
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 Amended Land Use Change Permit for a Home Occupation -- auto body repair,
painting and welding is hereby approved subject to compliance with the following
conditions:
1. Condition # 4 in Resolution 2000-53 was originally approved as follows:
Hours of operation will be restricted to 9:00 a.m. to 5:00 p.m., Monday through Friday,
and from 9:00 a.m. to 12.00 p.nz., on Saturdays. No Sunday operations will be allowed.
This Condition #4 shall be modified to:
Hours of operation will be restricted to 8:00 a.m. to 5:00 p.m., Monday through Friday,
and from 8:00 a.m. to 12:00 p.m., on Saturdays. No Sunday operations will be allowed.
2. Condition #5 in Resolution 2000-53 was originally approved as follows:
A maximum total of three (3) vehicles may be stored and/or worked on, inside, on the
premises at any one time.
This Condition #5 shall be modified to:
A maximum total of five (5) vehicles may be stored and/or worked on, inside, on the
premises at any one time.
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3. Condition #7 of Resolution 2000-53 was originally approved as follows:
No signs advertising the home occupation may be placed anywhere on the subject
property.
This Condition #7 shall be modified to: (maintain original intent, but change verbiage to
match LUDC Section 7-702(G))
There shall be no signs advertising the Home Office /Business.
4. Condition # 9 in Resolution 2000-53 was originally approved as.follows:
No employees are allowed for the home occupation. Only the property owner, and any
family members residing at the subject property may be involved in the home occupation.
This Condition #9 shall be modified to:
The property owner, any family members residing at the subject property and two (2)
persons living off site, such as employees, independent contractors, officers, agents,
partners, voltmteers, or any persons serving in any other capacity for the benefit of the
Home Office/Business may conduct the activities of the operation.
Dated this � day of 0-0494-
, A.D. 20 f ��
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Nay
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , 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
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