HomeMy WebLinkAbout5.0 Resolution 2004-129• •
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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 15th day of November, 2004, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2004-129
CONCERNED WITH THE SPECIAL USE PERMIT TO ALLOW THE APPLICANT,
SUNDOG ENTERPRISES LLC, BRUCE AND JAN SHUGART, AN ACCESORY
DWELLING UNIT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Sundog Enterprises LLC, Bruce and Jan Shugart for a Special Use
Permit which would allow an Accessory Dwelling Unit on their 35.001 acre site in Study Area I
of the Comprehensive Plan of 2000 and located 0840 Faranhyll Ranch Road, and in SE'/4 of the
SE'/ of Section 9, and the NE'/4 of the NE'/4 and the SE1/4 of the NE'/ of Section 16, Township 7
South, Range 89 West of the 6th Principle Meridian, AKA Parcel #6 of Faranhyll Ranch, and as
Parcel Number #239510300135 by the Garfield County Assessor.
WHEREAS, the Special Use Permit request for an "Accessory Dwelling Unit"
specifically will allow an accessory detached dwelling unit to be built separate from the primary
dwelling unit currently under construction on the property on the date of the initial approval.
WHEREAS, the subject property is located in the Agricultural/Residential/Rural Density
(A/R/RD) zone district which contemplates an "Accessory Dwelling Unit" as a Special Use
within that district; and
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Sundog Enterprises LLC, Bruce and Jan Shugart
Special Use PermiUADU
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WHEREAS, the Board held a public hearing on Monday, the 15th day of November,
2004, upon the question of whether the above-described Special Use Permit should be granted or
denied, at which hearing the public 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:
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 complete,
that all pertinent facts (other than information on the ISDS), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for a
accessory dwelling unit at the site identified in the application, upon the following specific
conditions:
1. 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.
2. The Applicant shall be aware that the ADU will require building permits from Garfield
County.
3. The proposed ADU will be no larger than 1,347.0 sq fl. in size and will include one (1)
bedroom, two (2) bathrooms, one (1) dining room, one (1) living room, one (1) kitchen
and one (1) outside patio. The dry storage room will not have a closet, and will not be
converted to or used as a bedroom. The garage is not included within this ADU request
and no part shall be occupied as part of the proposed ADU.
4. The Applicant shall apply for a septic permit and receive a fmal inspection from the
Garfield County Building and Planning Department prior to issuance of the Special Use
Permit. The septic system(s) shall be built to Garfield County required standards of
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Special Use Permit/ADU
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performance for the total number of bedrooms within the ADU and dwelling unit, both of
which are under construction at this time. The ISDS shall also comply with the
regulations and standards required by the Colorado Department of Public Health and
Environment.
5. The applicant must submit updated building plan information regarding the dwelling unit
and pay new assessed fees for the current building permit for the barn, allow inspections,
and ultimately gain a Certificate of Occupancy consistent with the adopted rules and
regulations of Garfield County prior to any habitation. If the Applicant does not finish
construction, the Building Permit is revoked, and the Applicant does not eventually
receive a Certificate of Occupancy for the Primary Dwelling Unit, then this Special Use
Permit shall became null and void. The Applicant shall also receive a Certificate of
Occupancy for the primary dwelling unit prior to habitation of the ADU.
6. The Applicant shall work with the Glenwood Springs Fire Department to satisfy the
following conditions and submit satisfactory resolution and approval in written form by
the GWSFD to the Garfield County Building and Planning Department prior to issuance
of the Special Use Permit.
a. A water supply for fire fighting of both structures being built shall be established
by the Applicant.
b. Wildfire Hazard Fuels Mitigation Landscape Plan be designed and approved by
Glenwood Springs Fire Department prior to the issuing of a building permit. That
the fuels treatments in the plan are complete around the structure and approved by
Glenwood Springs Fire Department, prior to a Certificate of Occupancy is issued
for the building. The stumps of cut Oak Brush and Service Berry are to be treated
by an approved herbicide that will eliminate and or slow the re -growth of this
vegetation. Mitigating the hazardous fuels will help the structure survive a
wildland fire and help prevent a structure fire from starting a wildland fire.
c. Access: The driveway to the structure from the fire department access road shall
be a minimum of 12 feet wide and overhead clearance shall be a minimum
distance of 13 feet 6 inch. The driveway to the structure from the fire department
access road is approximately 300 feet and will require a emergency vehicle turn
around be construct at or very near to the structure.
d. Structure Exterior: Because of the high wildfire rating of this area we strongly
recommend the architect design the building using fire wise design concepts and
noncombustible exterior building materials. The structure should be designed to
be a stand -a -lone structure should a wildland fire come into the area.
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Dated this lath day of December; A.D. 2004.
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
CO ,!i OLORADO
Chairman
Ijpttin motion duly made and seconded the forego'
"''following vote:
John Martin
esolutio
as adopted b, the
Larry McCown
, Aye
Tresi Houpt , 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. 2004
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Sundog Enterprises LLC, Bruce and Jan Shugart
Special Use Permit/ADU