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Home My WebLink About4.0 Conditions of Approval-i GARFIELD COUNTY Building and Planning Department 16 December,1997 Monte & Linda O'Neal 4679 County Road 301 Parachute, CO 81635 RE: Special Use Permit - Kennel Dear Monte & Lindq On Monday, December 15, 1997 , the Garfield County Board of Commissioners officially rescinded its conditional approval of your proposed dog and cat kennel. This decision was premised on a lack of compliance with specific conditions of approval governing the Special use permit. If I may be of any assistance or if I may answer any questions, please contact this office. ":{ Sincerely, EtZtc Eric D. McCafferry Senior Planner 109 Eth Street, Suite 303 945521212E*7972 Glenwood Springs, Colorado 8f60f .-,4 COMPLIANCE REPORT T0: Board of County Commigsio4prs FROIVI : Planning Departme rgY \ SUBJECT: O'Neal Special Use Permit - Kennel DATE: 11 December,1997 The O'Neals received conditional approval for a dog and cat kennel on June 3, 1996, which was approved for modifications, by the Board of County Commissioners, on October 14, 1996. This approval was subject to certain conditions, which were required to be satisfied by Octgber.\3 , 1997, when a review of the SUP was to be conducted by the Board. See letters, pages il ) me applicants subsequently requested an extension, which was granted to December 15, 1997. Based on the conditional approval, it appears the most important condition required to be satisfied is the amendment to the well permit for "commercial" use. See conditions of approval letter, pages q ( 5 . This change in use would necessitate administration of the well, probably in the form o? a court-approved, water augmentation plan. Staff has verbally confirmed with the Division of Water Resources that no amendment activity has been initiated. When the Board granted an extension of time for compliance review of this special use permit, staff was instrycted to reiterate the importance of complying with the conditions of approval. See letter, page o Crc Since no new information has been submitted, staffcan only speculate that there is no desire to comply with the approval conditions. If this is the case, staffrecommends the Board adopt the following findings and formally rescind the conditional approval. SUGGESTED FINDINGS 1l That a Special Use Permit was conditionally approved on June 3, 1996, which Wg, subsequ.rtly modified and approved, with conditions, on October 14, 1996, t*ll*o?E4rZ cet-r2l41oat ) l)au€ ib< *<e) $€4- The applicants were made aware of the specific approval conditions and had the obligation to comply with such conditions. Upon compliance review ofthe conditional approval, the applicants requested additional time to pursue said conditions, which extension of time was granted by this Board. That upon review of this matter, no showing has been made by the applicants that satisfactory progress was being made toward compliance. That due to lack of compliance with said conditions, the Board finds that, for the above-stated and other reasons, the conditionally approved Special Use Permit for a Kennel is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County and hereby rescinds its conditional approval and denies the permitting request. 2l 3l 4) sl Tlo,^A",,*fr1,rfn,-/' MONTE & LTNDA O'NEAL 4679 County Road 301 Parachute, CO 81635 Oct.3, 1997 Garfield County Building & Planning 109 8th st. Suite 303 Glenwood Spgs., CO 81601 RE: Kennel SpecialUse Permit Review Dear Sirs: We will be unable to attend the meeting that is scheduled for Oct. 6,199'7. Could you please reschedule us for the 6rst week of November, or 5 mid December. My husband works out of the country and will be home those dates. At the meeting we were wanting to discuss the possibility of giving us another year to comply with the issuei. My mother passed away this year and I have been taking care of my father and his house, etc. and with my husband schedule, we have not been able to take care of this, We have already paid $8OO.O0 to pursue this and would like to avoid having to Pay any additional costs for the perrnit. Thank you, Sincerely, e^b Linda ONeal g.M ,F-#- t MONTE & LINDA O'NEAL 4679 County Road 301 Parachute, CO 81635 (e7o) 28s-0?77 Sept, 15,1997 Garfield County Building & Planning 109 8th st. Suite 303 Glenwood Spgs., CO 81601 RE: Kennel Special Use Permit Review Dear Sirs: We would like to cancel our meeting on Oct. 6,1997 at 3:30 p.m. We were wondering if we could have a year extension. Please let us know if that would be a possibility. Thank you. Sincerely, fl-""2- ,,42*/ Linda ONeal SH;.9 twl G -3* GAtr*-W QanrruD couvrfr Building and Planning October 15, 1996 Monte & Linda O'Neal P.O. Box 6118 Battlement Mesa, CO 81636 RE: Kennel Special Use Permit Modifications Dear Monte & Linda, On Monday, October 14, the Garfield County Board of Commissioners conditionally approved your request for modifications to the Kennel Special Use Permit originally approved on June 3, 1996 The following conditions shall govern the operation of the kennel: l. That all representations of the applicant. either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The kennel shall be completely enclosed within a building that prevents any sounds from emanating from the propeny boundary. An outdoor exercise area mav be allowed, so long as no noise complaints are received by the operators of the kennel or the County. 3 No dust. noise. odors or source of filth shall emanate tiom the propert-v. 4. An individual sewa_se disposal s_vstem capable of handling all waste for the kennel shall be installed and documentation of this fbct shall be provided to the Planning Department, prior to final approval of the Special Use Permit. 5. Prior to final approval of the Special Use Permit. the owner/operator of the kennel shall be required to install a water cistern or reservoir tank of no less than 1500 gallon capacity. 6. No outdoor dog runs will be allowed. 7. Only one (l) sign may be allowed on the property which is further subject to all provisions of Section 5 07 of the Garfield County Zoning Resolution of 1978, as amended. 8. All construction of the building and attendant fbcilities shall be subject to County permitting and the Uniform Building Code of 1994, as adopted. 9 The Special Use Permit fbr the kennel shall be issued upon demonstration that the applicants have satisfactorily met all conditions of approval contained herein and no animals may be boarded until all conditions have been met. 109 8th Street, Suite 303 94582121285-7972 Glenwood Springs, Colorado 81601 ,s (- 10.After a term of no more than one ( l) year from the date of conditional approval of the Special Use Permit, the owner/operator shall be required to provide a well permit that allows for a commercial use of the well, which specifically states the well has been permitted as the water supply for the operation of the kennel. Upon satisfactorily demonstrating the above and on the condition that no complaints regarding the operation of the kennel are received by the County, the applicants shall be allowed the expansion of the kennel operation, consistent with the proposed modifications. Specifically, the boarding of up to 25 dogs and 10 cats. Any further expansion in the size or nature of the kennel operation shall require another modification to the issued Special Use Permit. Additionally, the Board has scheduled a time for review of compliance with the above conditions. This review is scheduled for iVlonday, October 13, 1997, at 2:00 p.m., and it will be necessary for you to demonstrate that the legal water supply has been amended to reflect the "commercial" use of the well and also demonstrate that the physical amount of water produced from the well is sufficient for both the residential and commercial use. I would suggest that the well be pump-tested for no less than four (4) hours and the results presented to the Planning Department along with a statement from the individualwho conducted the test that this amoLrnt of water is a sufiicient supply. By granting the conditional approval, the Board has essentially approved of your requested modifications. You may, at this time, proceed with your plans to develop the kennel for up to i7 dogs and six (6) cats. Upon demonstration of compliance with the above criteria, you will be allowed the expansion of up to 25 dogs and l0 cats. Please note that if you do not comply with the above conditions. your Kennel Special Use Permit will be subject to revocation. If you have any questions, please contact this office. Sincerely, ,/eztL Eric D. McCafferty Garfreld County Planner e5' RFIEI,D COLTN o TY Building and Planning 6 October, 1997 Ilonte & Linda O'Neai 4679 Countv Road 301 Parachute, CO 81635 RE: Kennel Special Use Permit Review DearV{onte&Iinda: On }Ionday, Ocrober 6, 199i, rhe Garfielci Counry Bcard of Commissioners granted an extension tbr rhe review oithe above mafier. The revie.r has been rescheCuied ibr December 15, i997, anci rviil be conducied ar 2:30 p.m. The ciiscussion wrji be held in the.Commissioners Meeting Room. Suire i0i, Ganeici Counqv Counhouse, i09 Eigr:rh Screeq Gienrvocci Springs. The Board requestei I convey to )/ou irs ccnce:'n regarciing ihe requirennenr of amenciing your present weii pennit to a ailow a corrrmercial well. I am afiachins a ccpy oi rhe conciirions of approval concerning the kennei. which specifl the irems rhar must be sarisied. prior to issuance oi'a Special Use Permu. Please be pretrareC io ciiscuss ',virh the Bcarcj your compliance w-ith these conditions. ff I mav be oifunher service. clease conlafi this cfrce. Sincerely, "<C,/L4 Eric D. VlcCafery Senior Planner o GA I09 Sth Street. Suire -:0i t; r,970) 9.tj -,.*i".-,nr.Gienrvocd Spnngs. CO 8i501