HomeMy WebLinkAbout3.0 Resolution 99-056Iilrlllt
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STATE OF COLORADO
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 Glinwood
Springs on , Monday . the 1 B day of tlav A.D. I g2g_, there were present:
John Martin , Commissioner Chairman
, Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 9 9 - O 5 6
A RESOLUTION CONCERNED WITH TI{E APPROVAL OF A SPECIAL USE PERMIT
FOR AN ACCESSORY DWELLING UNIT APPLICATION FOR TTIE EDWARD JOHNSON
SUBMISSION.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Edward Johnson for a special use permit to allow for approval of an
accessory dwelling unit; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 4ft day of May. 1969" 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:
l. That proper public notice was provided as required for the hearing before the
Board of County Commissioners;
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That the application is in conformance with the Garfield County ZontngResolution
of 1978, as amended,
That for the above stated and other reasons, the proposed special use permit is in
the best interest of the health, safety, morals, convenience, order, prosperity andwelfare of the citizens of Garfield County.
And, WHEREAS, the Board of County Commissioners has made the following determination offindings listed below.
l' The Applicant's submission was filed with the Planning Department of Garfield
County on the I lth day of March, 1999, and referred to ttri Board of County
Commissioners;
The Board of County Commissioners established a date for a public hearing on the
application for the special use permit and the vesting development rights per 24-
68-103, c.R.s., as amended, which commenced onih. f day ofMay, rggg, at
9:00 a.m.;
Pursuant to evidence produced at the public hearing on this application, the Board
of County Commissioners finds:
3.
4.
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;
that the property owners adjacent to the property that is the subject of this
application received notification of the date, timi, and location of the
above-referenced public hearing by certified mail, sent at least fifteen (15)
days prior to the commencement of the hearing;
that notification of the public hearing was pubiished 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 thl
requested modification to the existing zoning;
that the Board of county commissioners has jurisdiction to conduct the
public hearing on the application and render a decision thereon; and
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 tinefit upon any person.
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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.
Pursuant to 3.02 of the Garfield county zorungResorution of 197g, as amended,the Board of County Commissioners heiein find-that, subject to strict compliancewith the conditions iet forth herein, the special use permit will meet the standardsand requirements of 5.03, et sew. of that zorungResorution.
The special use permit, subject to the conditions set forth herein, will be designedwith the consideration of the natural environment of the site and the ,rrrouring
area, and will not unreasonably destroy or displace wildlife, natural vegetation, irunique features of the site.
The Board of County Commissioners find that no portion of the special use permitconditionally approved herein may be occupied rniil ull appropriaie buildinginspections have been approved by the nuiiding o.pu.t*Lnt.
Now THEREFORE, BE IT RESOLVED by the Board of County Commissioners of GarfieldCounty, Colorado, that the Edward Johnson Accessory Dwelling Unit is hereby approvedsubject to compliance with all of the following specific conditions:
A' All representations of the applicant, either within the application or stated at thehearing before the Board of County Commission".r, ,hull be considered conditionsofapproval.
B' All items indicated in the staffreport, recommended by the Board of CountyCommissioners, and included by the Board of County Commissioners at the public
hearing as itemized below:
4.
5.
6.
7.
aJ.
Thatthe accessory dwelling unit be built according to the submitted plan
and that substantial changes to the plan, such as but not limited to a change
of location or total square footage, will require another review which malyor may not be approved by the Board of county commissioners;
That the applicant meet all requirements of the Garfield county zorung
Resolution of 1978, as amended;
That all State and Local health standards be met and that the applicant
acquire ISDS permit at the building permit stage;
That proof of a legally adequate source of water for two (2) dwelling unitsbe provided prior to issuance of a building permit and ipecial usepermit;
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5' That a copy of the water augmentation plan and a letter be submitted to theBoard of county commissioners; The retter must be from a licensed
engineer in the State of colorado, it must detail the history of the watertransfers, and detail the status of the original three (3) lots which wereinvolved with the water sharing agreement.
Date(.this 1 B day of May , A.D.t9 99
GARFIELD COT.]NTY BOARD OF
'r' :r IONERS, GARFIELD
f Clealr.of the Board.J
ta
Ay.
Aye
Aye
STATE OF COLORADO )
counry of Garfield ltt
I,,CountyClerkandex-officioClerkoftheBoardof
Countyco*-iffiuntyandStateaforesaid,doherebycertifythatthe
annexed and foregoing Resolution is truly.opi"d from the Records of the pioceeding of theBoard of County commissioners for said Garfierd county, no* in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of saidCounty, at Glenwood Springs, this day of A.D. l9
county clerk and ex-officio clerk of the Board of county commissioners
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