HomeMy WebLinkAbout3.0 Resolution 98-56' Ll[llfJll|,tl'tilrflttfx llllulllllqllut|ls
t of 5 R O.OO D O.OA {IRRFIELD COUNTY CO
STATE, OF COLORADO )
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County of Garfield )
At a_replal meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on lV[onslqL, the
20th day of July A.D. 1998, there were present:
Marian Smith , Commissioner Chairman
, CommissionerJohn Martin
Larrv McCown , Commissioner
Don DePord , County Attorney
Mildred Alsdorf , Clerk of the Board
Mark Bean and Dale Hancock ,CountyAdministrator (interim)
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 9 B- 5
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR SHARON MARTIN.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from SFIARON MARTIN concerned with a Special Use Permit to allow for an Accessory
Dwelling;
WHEREAS, the Board held a public hearing on the 13th day of July, 1998, upon the question of
whether the above-described Special Use Perrnit 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 publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
2. That the hearing before the tsoard of County Comrnissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that hearing.
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That the application is in cornpliance with the Garfield County ZoningResolution of 1978,
as amended.
For the above stated and other reasons, the proposed use is in the best interest of the health,
safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
NOW, TFDREFORE, BE IT RESOLVED by the Board of County Comrnissioners of Garfield
County, Colorado, that the Special.Use Permit be and hereby is approved to allow for an Accessory
Dwelling, upon the following specific conditions:
l.That all proposals of the applicant, made in the application and at the public hearing, shall
be considered conditions of approval, unless specified otherwise by the Board of County
Commissioners.
That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the
Garfield County ZoningResolution of 1978, as amended. Specifically, an approved well
permit for two (2) dwellings shall be received from the Colorado Division of Water
Resources and a well pump test shall be performed demonstrating the following:
That a four (4) hour pump test be performed on the well to be used;
A well cornpletion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four (4) hour pump test indicating the pumping rate in
gallons per niinute and information showing drawdown and recharge;
A written opinion of the person conducting the well test that this well shoulcl
be adequate to supply water to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and undissolved solids, to establish
a basis for the domestic water to be "safe for human consumption..
That the accessory dwelling unit shall adhere to the following standards:
"No open hearth solid-fuel fireplaces will be allowed on this lot. One (1) new solid-fuel
burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated
thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an
unrestricted number of natural gas burning stoves and appliances."
"All exterior lighting shall be the minimum amount necessary and all exterior lighting shall
be directed inward, towards the interior of the lot. Provisions may be rnade to allow for
safety lighting that goes beyond the property boundaries."
"The minimum defensible space distance for structures shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites. The
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3 of 5 R O.O0 D 0.OO GRRFIELD COUNTY C0
methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within building
envelopes in areas exceeding five (5) percent grade."
"Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning
Resolution in Section 1.08, which states among other things, that "residents and visitors must
be prepared to accept the activities, sights, sounds and smells of Garfield County's
agricultural operations as a nomral and necessary aspect of living in a County with a strong
rural character and a healthy ranching sector."
A structural engineer or architect shall certifu that all construction of the accessroy dwelling
is consistent with the 1994 iitsC or identiff the modifications necessary to cornply with the
UBC. A civil engineer will need to certifu that the septic tank and comections to the leach
field cornplies with the ISDS regulations.
All conditions of approval will be met by October 5, 1998.
Dated this . t srday of ,rr'l y _, A.D. 19 9 B
GARFIELD COTINTY BOARD OF
COMMIS SIONERS, GARFIELD COLINTY,
COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
COMMISSIONER CHAIRMAN MARIAN I. SM]TH
4.
5.
CO}IMISSIONER JOHN F. }4ARTIN
, Aye
., Aye
., Aye
Chairman
COMMISSIONER LARRY L. MCCOWN
ATTEST:
Clerk the Board
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529118 01/22/1,998 1@t44A BiuZg P419 l'l RLSDoRF
4 of 5 R 0.00 D O.OO GRRFIELD C0UNTY C0
STATE OF COLORADO )
)ss
County of Garfield )
I,, County Clerk and ex-offrcio Clerk of the Board of County
Cornmissioners in and for the County and State aforesaid do hereby certifu 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.
,rIN 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
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529118 07/22/t998, 10:44A 81079 P42O n nlNr5 of 5 R O.O0 O 0.gO GRRFIELD COUNTY C0
PROPERTY DESCRIPTION
A PARCEL OF LANU SITIJATE IN T}]E SE I/4 I.IW I/4
RAI.IGE 94 WEST OF THE S IXTH PR INC IPAL MER ID IAI.I.
AND SOUIHERLY OF THE NORTHERLY LINE OF SAID SE
DESCR I BED A5 FOLLOWS;
BEGINNING AI THE WEST OUARTER CORNER OF SAID SECTION 3I. SAID OUARTER CORNER BEINGA P.K. NAIL IN THE PAVEMENT NEAR IHE INIERSECTION OF COUNTY ROAD NO.S 323 AND 309:
THENCE NORIH 59 DEGREES I6'II' EAST 25/6.I0 FEET IO IHE TRUE POINT OF BEGII.INING.
SAID P0INT BEING 0N THE NORIH LINE 0F SAID SE t/4 Nw t/4: THENCE SOUTH 412.31 FEETT0 THE NoRIHERLY RIGHI-OF-wAY 0F SAID 60 F00T ROAD: THENCE ALoNG SAID NoRTHERLY
RIGHI-0F-wAY NORTH 89 DEGREES 46'17'wESI 425.00 FEEI I0 A P0INT lN A FENCE: THENCE
ALoNG SAID FENCE NORTH 00 DEGREES 25'43'WEST 134.51 FEET: THENCE NORTH 89 DEGREES42'35' wEST 625.13 FEET: IHENCE NORTH 00 DEGREES 36'14' wESI 270.0o FEET T0 A POll.lTAT THE INTERSECTIONS OF FENCE LII{ES; THENCE ALONGSIDE A FENCE LINE NORIH 89 DEGREES52'0o' EASI 574.70 FEEI: THENCE NoRTH 88 DEGREES 54'25' EAST t76.24 FEET T0 A P0INT0l'l THE NORIH LINE oF SAID SE l/4 Nlv t/4: THENCE ALONG SAID NoRTH LINE AND LEAVING
SAID FEI'ICE SOUTH 89 DEGREES 40'I8' EASI 3O3.0/ FEET IO IHE TRUE POINT OF BEGINNING.
IOGETHER WITH A NON-EXCLUSIVE EASEMENI OR RIGHT-OF-VJAY 60 FEET IN WIDIH FOR ACCESS
AND UTILITY PURPOSES OVER AND ACROSS THE FOLLOWII.IG DESCRIBED TRACT OF LAND:A STRIP OF LAND BEING 60 FEET IN WIDTH SIIUATED IN THE SE I/4 NE I/4 AND THE
SW I/4 NE I/4 OF SECTION 3I. TOWNSHIP 6 SOUTH. RANGE 91 WESI OF THE SIXTH PRINCIPAL
MER I D I AN MORE PARI I CULARLY DESCR I BED AS FOLLOWS :
BEGINNING AT THE WESI OUARTER CORNER OF SAID SECIION 3I. BEING A P.K. NAIL IN THE
PAVEMENT NEAR THE INTERSECTI0N 0F C0UNTY ROAD N0.S 321 AND 309; THENCE NoRTH 89
DEGREES 06'23' EAST 1856. l6 FEEI To THE TRUE PoINT 0F BEGINNING; THENCE SOUTH 88
DEGREES 26'27'wEST 60.0o FEET: THENCE NoRTH 0o DEGREES 25'43'wEST 878.48 FEET:
THEIJCE SoUTil 89 DEGREES 46't7 ' EAST 862.52 FEET: THENCE SoUTH 89 DEGREES 5l'54'
EAST 1155.lZ FEET; THENCE SOUTH o3 DEGREES l6'29' wEST 60.09 FEET: THEI'JCE NoRTH89 DEGREES 5l'54' wEST I 151.29 FEET: THENCE NORTH 8e DEGREES 46't7 ' wEST 802.53FEET: TIIENCE SOUIH 0o DEGREES 25'43'EASI 816.60 FEEi To THE Poll'lT oF BEGINNING.
COUNTY OF GARF I ELD
STATE OF COLORADO
OF SECTION 3I, TOWNSHIP 6 SOUTH.
LY I NG NOR THERLY OF A 60 FOOT ROAD.I/4 NW I/4 MORE PARTICULARLY