HomeMy WebLinkAbout4.0 Resolution 2001-95(111111 III 1111111111 IIIII 111111 111E1 111 011111111111
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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 Courthouse, in Glenwood Springs on Monday, the 17th
day of December A.D. 2001s there were present:
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2001-95
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR DEBRA
ENGELHARDT TO ALLOW FOR AN ACCESSORY DWELLING UNIT IN THE A/R/RD ZONE
DISTRICT.
WHEREAS, the Board of County Conunissioners of Garfield County, Colorado, has received application
from Debra Engelhardt concerned with a Special Use Permit to allow an accessory dwelling unit on property
located at 4280 County Road 331, Silt, CO, Garfield County;
WHEREAS, the Board held a public hearing on the 10th day of September 2001 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 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 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.
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3. That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
4. 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.
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 an accessory dwelling
unit, upon the following specific conditions:
1. That 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. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of
1978, as amended, (including but not limited to the live stream setback) and shall meet all
building code requirements; that all State and Local health standards be met and that the
applicant acquire an adequate ISDS permit at the building permit stage;
3. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet;
that the accessory dwelling unit shall not be conveyed as a separate interest but may be
leased;
4. That, prior to issuance of the special use permit that the following information be
provided:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing draw down and recharge;
4. A written opinion of the person conducting the well test that this well should be
adequate to supply water to two (2) dwelling units;
5. An assumption of an average of no less than 3.5 people per dwelling unit using 100
gallons of water per person, per day;
6. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
5. That it is the applicant's responsibility to comply with any applicable covenants or
Homeowners' Association rules; the special use permit will not be issued until proof of
written approval of the accessory dwelling unit by the Homeowners Association, or proof that
no covenants are applicable, be submitted to the Planning Department;
6. That this approval shall be valid until 9/10/02. If the applicant fails to meet these conditions
by 9/10/02, and subsequently the special use permit is never issued, the approval shall be
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automatically revoked, unless an extension is granted by the Board of County Commissioners.
Dated this 1 7th day of December , A.D. 2001.
ATTEST:
1,1
IELD COUNTY BOARD OF
ISSIONERS, GARFIELD COUNTY,
0
\`4.
UpoSYmotiott Nuly made and seconded the fo ' "g Reso
rOMMIRRIONER CHAIRMAN JOHN F. MARTIN
COMMISSIONER WALTER A. STOWE
by the following vote:
COMMISSIONER LARRY L. MCCOWN
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
Aye
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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 2001.
County Clerk and ex -officio Clerk of the Board of County Commissioners