HomeMy WebLinkAbout4.0 Resolution 98-61111111111111111111
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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
20th day of July A.D. 1998, there were present:
Marian Smith
John Martin
Larry McCown
Don DeFord
Mildred Alsdorf
Mark Bean and Dale Hancock
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator ( Interim )
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 8 - 61
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR SUSAN DALEY MYERS.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from SUSAN DALEY MYERS concerned with a Special Use Permit to allow for an Accessory
Dwelling;
WHEREAS, the Board held a public hearing on the 1 lth day of May, 1998, 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 use 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, upon the following specific conditions:
1. 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.
2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the
Garfield County Zoning Resolution 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:
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 drawdown and recharge;
4) A written opinion of the person conducting the well test that this well should
be adequate to supply water to the number of proposed lots;
5) An assumption of an average or 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 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..
3. That the accessory dwelling unit shall adhere to the following standards:
"One (1) dog will be allowed for each residential unit on this lot, and the dog shall be
required to be confined within the owner's property boundaries. Enforcement provisions
shall be developed for allowing the removal of a dog from the area, as a final remedy in
worst cases."
"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."
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"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 made 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
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 normal and necessary aspect of living in a County with a strong
rural character and a healthy ranching sector."
Dated this 21 day of July , A.D. 19 98 .
(3 .)
ATTEST:
CD
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Clerk . f the Board\ ` Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
COMMISSIONER CHAIRMAN MARIAN I. SMITH
COMMISSIONER LARRY L. MCCOWN ,Aye
COMMISSIONER JOHN F. MARTIN
,Aye
, Aye
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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. 19 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Exhibit A:
NW 1/4 SW1/4 and SW1/4 NW 1 /4, Section 23, T7S, R92W of the 6"' P.M., together with:
A PARCEL OF LAND SITUATED IN THE NW1/4 AND THE N1/2SW1/4 OF
SECTION 23, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION
23; THENCE S 41°17'49" W 2014.28 FEET TO THE POINT OF
INTERSECTION OF THE CENTERLINE OF AN EXISTING DITCH AND AN
EXISTING NORTH -SOUTH FENCE, THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID FENCE N 67°39'29" E ALONG SAID
CENTERLINE 123.14 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 51°54'16" E 514.28 FEET; THENCE LEAVING SAID
CENTERLINE S 26°42'59" E 323.02 FEET; THENCE S 49°29'25" E 254.20
FEET TO A POINT IN THE CENTERLINE OF THE WEST DIVIDE CREEK
DITCH; THENCE THE FOLLOWING 22 COURSES ALONG SAID
CENTERLINE:
1. S 45°46'29" W 52.67 FEET
2. S 72°20'41" W 64.70 FEET
3. S 80°40'11" W 78.26 FEET
4. N 87°49'57" W 90.99 FEET
5. N 77°30'39" W 147.62 FEET
6. S 64°18'17" W 71.92 FEET
7. S 23°57'40" W 26.84 FEET
8. S 29°43'11" E 272.38 FEET
9. S 39°06'28" W 246.25 FEET
10. S 22°30'28" E 89.13 FEET
11. S 38°53'20" E 113.82 FEET
12. S 07°23'30" W 145.99 FEET
13. S 03°21'15" E 22.90 FEET
14. S 46°44'53" W 71.46 FEET
15. S 47°31'11" W 91.46 FEET
16. S 40°40'19" W 43.31 FEET
17. S 15°36'35" W 66.34 FEET
18. S 38°39'54" E 124.32 FEET
19. S 05°12'47" W 89.56 FEET
20. S 45°06'47" W 79.32 FEET
21. S 61°14'55" W 76.78 FEET
22. S 46°37'58" W 302.70 FEET TO A .POINT ON SAID EXISTING
NORTH -SOUTH FENCE; THENCE .LEAVING SAID CENTERLINE N
00°04'25" E ALONG SAID EXISTING FENCE 1496.74 FEET; THENCE
CONTINUING ALONG SAID FENCE LINE N 00°02'43" E 142.90 FEET TO
THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 17.458
ACRES, MORE OR LESS.