HomeMy WebLinkAbout6.0 Resolution 2015-34■!!I Mtdl':041: P Idl.ld 1.1,WIThIl
Reception#: 855054
07/07/2015 04:45:43 P11 Jean Alberico
1 of 4 Reo 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 Plaza Building, in
Glenwood Springs, on Monday, the 22nd day of June AD 2015, there were present:
John Martin
Mike Samson
Tom Jankovsky
Tari Williams
Kelly Cave
Jean Alberico
Andrew Gorgey
, Commissioner Chairman
, Commissioner
, Commissioner
, Deputy County Attorney
, Assistant County Attorney
, Clerk of the Board
, County Attorney, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 0205-- 34/
A RESOLUTION CONCERNED WITH OVERTURNING THE DIRECTOR'S
DECISION REGARDING THE APPROVAL OF THE STARR ACCESSORY
DWELLING UNIT ADMINISTRATIVE LAND USE CHANGE PERMIT THEREBY
DENYING THE PERMIT REQUEST ON PROPERTY OWNED BY ROBYN STARR,
LOCATED AT 0425 MOUNTAIN SHADOWS DRIVE, IN WEST GLENWOOD
SPRINGS, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6" P.M.,
GARFIELD COUNTY
PARCEL NO. 2119-343-00-005
Recitals
A. An application for an Accessory Dwelling Unit (ADU) was submitted by Robyn
Starr on property located at 0425 Mountain Shadows Drive in West Glenwood Springs which is
approximately 0.56 acres in size. The ownership and legal description of this property is
described in a deed found at Reception Number 861614 in the records of the Garfield County
Clerk and Recorder (the Property).
B. The Property is Iocated within unincorporated Garfield County in the Residential
Urban (RU) Zone District.
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Reception#: 865054
07107/2015 04:45:43 P11 Jean Alberico
2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
C. An ADU may be permitted in the Residential Urban (RU) zone district with an
Administrative Land Use Change Permit.
D. Starr's application was approved with conditions by a Director's Decision Letter
dated February 9, 2015 (Director's Decision).
E. The Board of County Commissioners of Garfield County, Colorado, (Board)
received a request for a Call Up for their review of the Director's Decision. The Board is
authorized to review Administrative Land Use Change Permits pursuant to the Call Up
provisions of Section 4-112 of the Land Use and Development Code, as amended, and may
uphold, amend, or overturn the Director's Decision.
F. The Board opened a public hearing on March 16, 2015, for consideration of
whether the Director's Decision should be upheld, amended or overturned, during which hearing
the public and interested persons were given the opportunity to express their opinions regarding
the request. The Board re -opened and continued the public hearing to April 20, 2015, May 18,
2015, June 8, 2015, and June 22, 2015 respectively.
G. On June 22, 2015, the public and interested persons were given the opportunity to
express their opinions regarding the application.
H. The Board closed the public hearing on June 22, 2015 to make a final decision.
I. The Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the
Board.
2. The hearing before the Board 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 Land Use Change Permit
for an Accessory Dwelling Unit on the Property is not in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield County;
4. That the Application failed to demonstrate compliance with the Land Use and
Development Code, as amended, including but not limited to, Section 7-103,
Compatibility, Section 7-107, Access and Roadways, and the applicant failed to timely
provide necessary site plan and survey documentation.
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Reception#: 865054
07/07/2015 04:45:43 PM Jean Rlberico
3 of 4 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that based on the determination of facts set forth above, the Director's
Decision regarding the Administrative Land Use Change Permit, GAPA-8132, is overturned and
the Administrative Land Use Change .Permit to allow an Accessory Dwelling Unit is hereby
denied.
4-G
Dated this L day of
ATTEST:
2015.
GARFIELD COUNTY BOARD OF
COUNTY COMMISSIONERS,
GARFIELD QTY, COLORADO
erk of the Board Chairma
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
STATE OF COLORADO
)ss
County of Garfield
, Nay_
Aye_
, Aye_
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.
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Receptionf' 865054
0710712015 04:45:43 PM Jean Alberico
4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
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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