HomeMy WebLinkAbout3.0 Resolution 99-1121111111 II!!IIIIII n n ni uiim555003 ii�i
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STATE OF COLORADO
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County of Garfield
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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 1st day of
November, A.D. 1999, 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.9 9— 1 1 2
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION
FOR THOM AND CAMILLE TOLER.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received application
from Thom and Camille Toler, concerned with a Special Use Permit to allow for an Accessory Dwelling;
WHEREAS, the Board held a public hearing on the 4th day of October, 1999, upon the question of
whether the above-described Special Use Permit should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use
Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned
hearing, 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 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 the application is in compliance with the Garfield County Zoning Resolution of 1978, as
amended.
4. For the above stated and other 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. 7
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5550„3 11/05/1999 03 40P B1159 4M AL.SDORF •
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County,
Colorado, that the Special Use Permit be and hereby is approved to allow for an Accessory Dwelling, upon the
following specific conditions:
1. That all proposals of the applicant, made in the application and at the public hearing, shall be
considered conditions of approval, unless specified otherwise by the Board of County
Commissioners.
2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the Garfield
County Zoning Resolution of 1978, as amended.
3 That the applicant shall provide a well permit for both dwellings from the Colorado Division of
Water Resources and a well pump test shall be performed demonstrating the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the characteristics
of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge;
4) A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and undissolved solids, to establish a
basis for the domestic water to be "safe for human consumption..
4. That the accessory dwelling unit shall adhere to the following standards:
"One (1) dog will be allowed for each residential unit on this lot, and the dog shall be required to
be confined within the owner's property boundaries. Enforcement provisions shall be developed
for allowing the removal of a dog from the area, as a final remedy in worst cases."
"No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid -fuel burning
stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be
allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of
natural gas burning stoves and appliances."
"All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be
directed inward, towards the interior of the lot. Provisions may be made to allow for safety
lighting that goes beyond the property boundaries."
"The minimum defensible space distance for structures shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites. The
methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for
Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space
requirements for the required defensible space within building envelopes in areas exceeding five
(5) percent grade."
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"Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning
Resolution in Section 1.08, which states among other things, that "residents and visitors must be
prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural
operations as a normal and necessary aspect of living in a County with a strong rural character
and a healthy ranching sector."
5. That all construction will be subject to obtaining the appropriate building permits.
Dated this 1St day of November
AT1'FST'��,,
, A.D. 19 99
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORAD
Chairm
•
UI3on motion duly made and seconded the foregoing Resolutio
COMMISSIONER CHATRMAN JOHN F MARTTN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER WALTER A. STOWE
pted b
, Aye
, Aye
STA IE OF COLORADO
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County of Garfield
,Aye
ng vote:
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