HomeMy WebLinkAbout5.0 Resolution 2004-104• •
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STATE OF COLORADO )
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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 P1a7a Building, in
Glenwood Springs on Monday, the 1 lth day of August, 2004, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Trrsi Haupt , Commissioner
Don DeFord , County Attorney
Mildred A.lsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2004-104
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO
ALLOW AN ACCESSORY DWELLING UNIT, PARCEL # 217720300224, ALSO 2170
COUNTY ROAD 321 RIFLE, CO 81650 AND IN S1CTION 20, TOWNSHIP 6, RAMIE 93,
OF THE 6TH PRINCIPLE MERIDIAN FOR KIRK AND TRINA SWALLOW
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Kirk and Trina Swallow for a Special Use Permit for a "Accessory
Dwelling Unit" designation at the 4.28 acre site located at 2170 County Road 321.
WHEREAS, the Special Use Permit request for a "Accessory Dwelling Unit" specifically
will allow the applicant to designate a new structure as a Accessory Dwelling Unit (ADU) as
described in the site plan submitted in the application; and
WHEREAS, the subject property is located in the Agricultural/ResidentiaURural Density
(A/R/RD) zone district which contemplates an "Accessory Dwelling Unit" as a Special Use
within that district; and
WHEREAS, the "Accessory Dwelling Unit" is defined in Section 5.03.021 of the
Garfield County Zoning Resolution of 1978, as amended, Use of a structure as an accessory
dwelling whether approved by Special Use, use by right in a new subdivision approval, or on an
existing lot must meet the following standards, as well as all other standards applicable to
residential use:
(1) The i iiAL1lot size shall be four (4) acres cortnii"[ig a building site with Su
pes less
than 40% at least two (2) acres in size.
(2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.
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(3) Approval from the subdivision horneowners association and/or allowed by covenant if
applicable.
(4) Proof of a legally adequate source of water for an additional dwelling unit.
(5) Compliance with the County individual sewage disposal system regulations or proof of a
legal ability to connect to an approved central sewage treatment facility.
(6) Only leasehold interests in the dwelling units are allowed.
(7) That all construction complies with the appropriate County building code Requirements.
(A.95-076)
WHEREAS, the Board held a public hearing on the 11th day of August, 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 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.
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 the
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 apply for a septic permit andreceive a final inspection prior
to issuance of the Special Use Permit. (10/26/04 Permit #3959)
3. The Applicant shall only allow leasehold interests for the use of the Accessory
Dwelling Unit.
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4. If any further expansion of the use be attempted, the applicant shall readdress the
proposal with and obtain the necessary building and land use approvals from the
Board of County Commissioners.
Dated this ) 51 day of , A.D. 2004.
A WEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
CO UN Y,'COLORADO
Upon motion duly made and seconded the foregoing Re I on/was adopted by the
following vote: j
John Martin Aye'
Larry McCown Aye
Tresi Houpt , Aye
STATE OF COLORADO )
)ss
County of Garfield )
1, , 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 Spiiugs, this day of , A.D. 2004
County Clerk and ex -officio Clerk of the Board of County Commissioners
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