The URL can be used to link to this page

Home My WebLink About4.0 Resolution 99-0891111111111111111 HIII 1111 uii u1►ui Hil loom 550603 08/17/1999 02.55P B1145 P627 M ALSDORF 1 of 4 R 0.00 D 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 Courthouse, in Glenwood Springs on , Monday , the 1 6 day of August A.D. 19 99 , there were present: John Martin , Commissioner Chairman Larry McCown , 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- 0 8 9 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR ONE (1) ACCESSORY DWELLING UNIT. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Susan C. Kirk, for a special use permit to allow for approval of one (1) accessory dwelling unit; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 6th day of July, 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; 2. That the hearing before the Board of County Commissioners was extensive and Page 1 of 4 IHIniiimginin999 iinpimiii�iniiin 550603 • 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; 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 20th day of April, 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 permit and the vesting development rights per 24-68-103, C.R.S., as amended, which commenced on the 6th day of July,1999; 3. Pursuant to evidence produced at the public hearing on this application, the Board of County Commissioners finds: 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. 4. Pursuant to 3.02 of the Garfield County Zoning Resolution of 1978, as amended, Page 2 of 4 1 111111 11111 111111 111111 11111111111611 11111 1111 1111 1111 550603 08/17/1999 02 55P B1145 P629 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 5. 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. 6. The Board of County Commissioners finds 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 Susan C. Kirk Accessory Dwelling 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. 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: 1. That the applicant meet all requirements of the Garfield County Zoning Resolution of 1978, as amended. 2. That the accessory dwelling unit be built according to the submitted Harry Teague Architects 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 may or may not be approved by the Board of County Commissioners. 3. That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage. 4. That proof of a legally adequate source of water for two (2) dwelling units and the confirmed outside irrigated area be provided prior to issuance of a special use permit. An amended decree and new permit shall constitute proof. Page 3 of 4 1E11 1111111 1111111111111111.1111 11111 11111111 • 550603 08/17/1999 02 55P 81145 P630 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 1 6 day of August , A.D. 19 99 . ATTEST: u :- / erkof the board Upon motion duly made and seconded the foregoing '�esolutio a. adopted .y the following vdte: • c COMMISSIONER CHAIR JOHN F. MARTIN , Aye , Aye , Aye GARFIU-LD COUNTY BOARD OF COMMJ . • • NERS, GARFIELD CO COLORADO COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER STOWE STA I 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