HomeMy WebLinkAbout4.0 Resolution 2005-02)
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STATE OF COI-ORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners'MeetingRoom, Garfield CountyCourthouse, in Glenwood Springs on Monday, the 3'"
day of January,20Q5, there were present:
John Martin , Commissioner Chairman
Larrv McCown _, Commissioner
Tr6si Hount , Commissioner
Don DeEord , CountY AttorneY
Mildred,Alsdoff , Clerk of the Board
F,d Greert , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2ooq*0r
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION
FOR AN ACCESSORY DWELLING UNIT FOR MARLIN (COLORADO) LOT 4,LLC..
WHEREAS, the Board of County Commissioners of Garfleld County, Colorado, received an
application from Marlin (Colorado) Lot4, LLC, requesting a Special Use Permit to allou'for an accesson'
dwelling unit;
WHEREAS, the Board held a public hearing on the 16th day of September,Z)}Z upon the question
of whether the ahove-described Special Use Permit should be granted or denied, at which hearing the pubiic
and interested persons were given the opportunity to express their opinions regarding the issuance of said
Special Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
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 hearing.
l.
For the above stated and other reasons, the proposed use is in the best interest of the health,
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safety, nrorals, convenience, order, prosperity and weifare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gartleld
County, Colorado, that the Special Use Permit be and hereby is approved to allow fbr a accessory dwelling
unit, upon the following specific conditions:
l. That all r'epresentations of the applicant, either within the application or stated before the Board of
County Commissioners, shall be considered conditions of approval.
2. Section 5.03.21 of the Garfield County Zoning Resolution, 1978, as amended, shall be complied
with by the applicant and any successors in interest, more specifically the following:
a. Only leasehold interests in the dwelling units are allowed.
b. That all construction complies with thE appropriate County building code requirements.
3. The foliowing tests shall be performed prior to final approval of the Special Use permit and
issuance of a building permit;
a. That a four (4) hour pump test be performed on the well to be used.
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute
and information showing draw down and recharge;
d. A written opinion of the person conducting the well test that this well should be adequate to
supply water to two (2) dwelling units.
e. An assumption of an average of no less than 3.5 people per drvelling unit. using 100 gallons
o1'water per person, per day;
f. The water quality be tested by an independent testing laboratory and meet State guidelines
concerning bacteria and nitrates.
4. Any ISDS plans submitted with any building permit application shall be designed and stamped
by a professional engineer registered in the State of Colorado.
5. Any property owner of Lot 4, The Preserve at Prehm Ranch will be rnade aware of the limitation
on access from the proposed south entrance and that they will be required to comply with the
limitations imposed as part of the settlement agreement dealing with the issue.
6. The accessory dwelling unit has to be a detached dwelling from the primary residence on the
property.
7. All lighting will have to be downward and inward from the properly lines to prevent any lighting
impacts on the adjoining and nearby properties.
8. The accessory dweliing unit will be established within the building envelope as noted in the
Preserve at Prehm Ranch Plat for Lot 4.
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9. The prer.iously specified controlled access gate at the southem end of the Prehm Ranch property
be in place and operating on a 24 hour a day,7 day a week basis, to control access as formally
agreed upon by the Westbank Homeowners, as u,ell as Prehm Ranch and as previously
represented tcl Garfield County. All construction vehicles will use CR 163 to access the
property.
Dated this 3rd day of Janua.g , A.D. 2005
GARFIELD COLINTY BOARD OF
COMMIS SIONERS, GARFIELD COL,NTY,
COLORADO
Chai
Upon motion duly made and seconded the foregoing Resolution
Tr6si Hount , Aye
STATE OF COLORADO
County of Garfield
I,,, County Clerk and ex-officio C1erk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certiff that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding ofthe Board of County Commissioners for
said Garfield County, now in my office.
have hereunto set my hand and affixed the seal of said County, at
A.D.2005.
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IN WITNESS WHEREOF, I
Glenwood Springs, this _ day of
hdopted b tbllowing vot
County Clerk and ex-officio Clerk of the Board of County Commissioners