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Home My WebLink About3.0 Resolution 99-057STATE 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 Courthouse, in Glenwood Springs on .M:::!:!jay , thej_B_ day of J1.gy_ AD. 19 -2_') there were present: -~Jo=h=n~M=art=i=n~-----------' Commissioner Chairman -=L=any~~M=c~C~o~w=n~----------' Commissioner -~W~a=lt~S=t=ow~e ____________ , Commissioner -=D~o=n=D=e=F~o~rd~-----------' County Attorney _,_,Mi""'l,,,d'"'re,,,d_,_Al""s""d"'o.._.rf __________ , Clerk of the Board -~E..,,d'"-'G,,,r~e""en""-------------' County Administrator when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. 99-057 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT APPLICATION FOR THE JAMES AND VALERIE BYRNES SUBMISSION. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from James and Valerie Byrnes for a special use permit to allow for approval of an accessorv dwelling unit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 4th day ofMay. 1999, upon the question of whether the above described accessory dwelling unit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners; Page 1 of4 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 meeting; 3. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; 4. That for the above stated and other reasons, the proposed special use pennit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. And, WHEREAS, the Board of County Commissioners has made the following determination of findings listed below: 1. The Applicant's submission was filed with the Planning Department of Garfield County on the 22nd day of March, 1999, and referred to the Board of County Commissioners; 2. The Board of County Commissioners established a date for a public hearing on the application for the special use pennit and the vesting development rights per 24- 68-103, C.R.S., as amended, which commenced on the 4th day ofMay,1999, at 9:00 a.m.; 3. Pursuant to evidence produced at the public hearing on this application, the Board of County Commissioners finds: Page 2 of4 a. that the property owners adjacent to the property that is the subject of this application received notification of the date, time, and location of the above-referenced public hearing by certified mail, sent at least fifteen ( 15) days prior to the commencement of the hearing; b. that notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; c. that the substance of the mailed and published notification substantially informed interested parties of the subject matter and the location of the requested modification to the existing zoning; d. that the Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon; and e. that the requested accessory dwelling unit does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the property that is the subject of this application, or the public interest, and is not granted solely to confer special benefit upon any person. .1 lllW. 1111111111111111111111111111111 1111 lllll llll 1111 545763 05/18/1999 03:33P 81130 P:.._J M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 4. The hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters, and issues were submitted; and all interested parties were heard at the hearing. 5. Pursuant to 3. 02 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that, subject to strict compliance with the conditions set forth herein, the special use permit will meet the standards and requirements of 5.03, et sew. of that Zoning Resolution. 6. The special use permit, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and the surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation, or unique features of the site. 7. The Board of County Commissioners find that no portion of the special use permit conditionally approved herein may be occupied until all appropriate building inspections have been approved by the Building Department. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the James and Valerie Byrnes Accessory Dweiling Unit is hereby approved subject to compliance with all of the following specific conditions: A. 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. B. All items indicated in the staff report, recommended by the Board of County Commissioners, and included by the Board of County Commissioners at the public hearing as itemized below: Page 3 of4 I. That the accessory dwelling unit be built according to the submitted Kurtz & Associates plan dated 4/26/96 and that substantial changes to the plan, such as but not limited to a change oflocation or total square footage, will require another review which may or may not be approved by the Board of County Commissioners. 2. That the Garfield County Zoning Resolution of 1978, as amended, be complied with. 3. That all State and Local health standards be complied with and, ifISDS permit # 1649 is determined by the building inspector to be inadequate, the applicant acquire a permit for an ISDS prior to issuance of a special use permit. 1111,111,lllll llllll llllll ll llllll lllllll '11 ~111111111111 545763 05/18/1999 03:33P 81130 Po_.·M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO ,- · '. nated this 18 day of_M_a~y~-----' AD. 19~. r,ATTEST: ~ .• GARFIELD COUNTY BOARD OF • . ' " J CO ONERS, GARFIELD .. CO LO 0 -------- Upon motion duly made and seconded the foregoing Re olution wa following vote: =C=O=MMI===SS=I=O~NE"""'R~C~HAIR"-""~JO~HN~~F.~MAR=....~T~IN"--'--~~~~~~~~~-'Aye =C=O=MMI===SS=I=O~NE-=-'R~L~ARR~~Y~L~·=M~C~C~O~WN,_,_,_~~~~~~~~~~~·,Aye =C=O=MMI~=SS=I=O~NE=->R~W~AL-=--T=E=R'---"'S~T=O~WE""'-~~~~~~~~~~~-'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. 19 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners Page 4 of 4 SPECIAL USE PERMIT James and Valerie Byrnes In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 9 9-0 5 7 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following use: Placement of a single family accessory dwelling unit on the following described tract ofland in Garfield County, Colorado: See Attached Exhibit A The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado.