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HomeMy WebLinkAbout4.0 Resolution 2004-03Lffiilt ilil lltilt ]ilt lil illtililill1tilililil, 644253 ol/o7/2004 tO:32R 81552 p?86 H ALSDORF1 of 3 R O.Oo D O.OO GRRFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfieid County, Colorado, held in the Commissioners' Meeting Room, Garfield County plaza Building, in Glenwood Springs on Monday, the 8th day of Decernber, 2003, there were iresent: John Martin , Commissioner Chairman Larr.v McCown , Commissioner Trdsi Houpt , Commissioner Don DeFord , County Attomey Mildred Alsdorf , Clerk of the Board Ed Green -, County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2004-03 A RESOLUTION CONCERI{ED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING LINIT FOR JACEE JOHNSON WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Jacee Johnson for a Special Use Permit for an Accessory DwellingUnit (hereinafter "ADU") for a property located at 6107 Counry Road 309, southwest of Parachute, CO containing approximately 7.33 acres; and WHEREAS, the subject property is located in the Agricultural / Residential i RuralDensity (A/R/RD) zone district which contemplates an ADU as i Speciat Use within that district; wHEREAS,.Jacee Johnson specifically requests approval to change the status of anexisting dwelling unit to an ADU for the purpose of constructing a new prima.y residence on thesubject property. The existing unit (mobile home) is approximately -980 *qu-" feet and theproposed new residence wiil be approximately 2,300 squaie feet. WHEREAS, the Board held a public hearing on the 8th day of Decernber,2003, upon thequestion of whether the above-described Special Ge Permit for an ADU shouid be granted ordenied, at which hearing the public and interested persons were given the opportunity to expresstheir opinions regarding the issuance of said speciai use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at theafbremcntioned hearing, has made the following determination of fact: L ru ilf il ltH rllf H rl u !L! | rf I r.r.[rJl[ I ? of 3 R 0.00 D O.oO GARFIELD cOUNTy CO 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 pirties were heard at that hearing, 3. That the application is in compliance with the Garfield County Zaning 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 for an ADU be and hereby is approved at the site identified in the application, upon the following specific conditions: l. All representations-of the applicant, eitherwithin the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2- Only leasehold interests in the ADU shall be allowed. The unit may not be sold separately. 3. The existing mobile home, ADU, may be replaced in accordance with section 7:05 of the Zoning Resolution which states that "a mobile honte...maybe replaced by another mobile home on the same lot provided the replaced mobile home confoims to thi requirements of the Building _code Resolution of the County, and to the performance requirements [5.03.21] offthe Zoning] Resolution." The structure shall notixceed 1,500 square feet as measured by the County at the time of building permit. 4. Prior to the issuance of the actual Special Use Permit, a written letter from Water Resources shall be provided regarding the water rights. 5. The Applicant shall comply with the terms of the Judgement and Decree (case No. 94CY074) #4 signed and dated on June 23,lgg8 which states "the Plaintiffs shall install a measuring device and restrictive flow device at the domestic pipeline which will restrict the flow of water to no more than 8 gallons per minute." The Applicant shall provide proof that this has been accomplished priqr to issuance of any Buiidine or Special Use Permit on the subject propertv. Dated this Stfr day of ,January, A.D. 2OO4 Llull ull ffi llllll ll ilr ilil llt ilil ilil tilt. 6442s3 0L/O7/?^O4 LO 3ZA 81s52 izss L hlsiioni'3 of 3 R O.OO O O.OO GRRFIELD CoUNTy CO GARFIELD COLINTY BOARD OF COMMISSIONERS, CARFIELD LORADO Upon motion duly made and seconded following vote: John Martin the foregoing Resolution was adopted by the , Aye Larqz.McCown _ ,Aye Tr6si Houot , Aye STATE OF COLORADO County of Garfield , County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certiff 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 offrce. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of A.D.2003 County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss )