HomeMy WebLinkAbout2.0 Resolution 2004-42P92 I'I RLSDORF
COUNTY CO
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STATE OF COLORADO
County of Garfield
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Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 19th day of April,2004, there were present:
John Martin , Commissioner Chairman
Larry McCowu , Commissioner
Trdsi Houpl , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 20 O 4_ 42
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO
ALLOW AN ACCESSORY DWELLING LINIT FOR ANTHONY & TERESSA GIGUERE
PERRY
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from Anthony & Teressa Giguere Perry for a Special Use Permit for a
"Accessory Dwelling Unit" designation at the 125.0 acre site located at3412 County Road 151.
WHEREAS, the Special Use Permit request for a "Accessory Dwelling Unit" specifically
will allow the applicant to designate an original Guest House (850 sq. ft.) to be used as an
Accessory Dwelling Unit (ADU) as described in the site plan submitted in the application; and
WHEREAS, the subject property is located in the AgriculturaVResidentiaVRural Density
(A/R/RD) zone district which contemplates an "Accessory Dwelling IJnit" as a Special Use
within that district; and
WHEREAS, the "Accessory Dwelling Unit- is defined in Section 5.03.021 of the
Garfitld County Zontng Resolution of 1978, as amended, Use of a structure as an accessory
dw.elling whether approved by Special IJse, use by right in a new subdivision approval, or on an
existing lot must meet the following standards, as well as all other stand*d-s appiicable to
residential use:
(1) Thg minimum lot size shall be four ( ) acres containing a building site with slopes less than
40Yo at least two (2) acres in size.
(2) The gross floor area for residential use occupancy shall not exceed 1 500 sq. ft.(3) Approval from the subdivision homeowners association and/or allowed by covenant if
applicable.
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(j) rloof gf a legally afeqyrte source-of water for an additional dwelling unit.(5) Compliance with the County individual r"*ug" Jisposut system regulations or proof of ale_gal ability to connect to an apprbved c-entral r.*u[. t .ui-."t facility.
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(9) o:!y leasehold interests in the dwelling units ari ailowed.(7) That all construction complies with ihe uppropriut. County building code Requirements.(A.e5-076)
WHEREAS, the Board held a r$l]c hgaring on the 196 day of April, 2op4,upon thequestion of whether the above-describid special Ge Permit shouli be gianted or denied, atwhich hearing the public and interestld pgrgons were given the opportrinity to express theiropinions regarding the issuance of said special use permii; and
WHEREAS, the Board on the basis of substantial competent evidence produced at theaforementioned hearing, has made the following determination of fact:
1' That prope.,publi.*ion and publicnotice was provided as required by law for the hearingbefore 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 partieswere heard at that hearing.
3' That the application is in compliance with the Garfield County Zonng Resolution of1978, as amended
4' For the above stated and other reasons, the proposed use is in the best interest of thehealth, safety, morals, convenience, order, prosperity and welfare of the citizens ofGarfield County.
NoW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfieldcounty, colorado, that the Special use Permit be and hereby is approved to allow for theAccessory Dwelling unit at the site identified in the application, upon the following specificconditions:
1' All representations of the applicant, either within the application or stated at thehearing before the Board of County Commissioneri, shall be consideredconditions of approval.
2' A Buitding Permit for a Primary Dwelling Unit shalt be applied for andconstruction of said structure shall comme.r". *ithin 180 days or trr" ir."u""" orthe Special Use Permit *hi"h itself is only valid for 120 duyrtfro11 the date ofissuance as per Section 9.01-05. If th" Applicant does not finish construction, theBuilding Permit is revoke,l, and _tle Ap;licant does not eventualy re"eire aCertificate-of occupan.y t. the Prirnary Dweliing Unit, then this Special UsePermit shall became null and void.
3' Prior to issuance of the Special Use Permit all information pertaining to the
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capacity, size and installation date of the ISDS for the Additional
shall be submitted to the Building and planning Department.
Dated this 1 Oth day of uay , A.D. 2004.
A'r'T'Trc!'I--art l -cJ t .
Dwelling Unit
made and seconded the
GAR,qIELD COU}.ITY BOARD OF
COMMISSIONERS, GARFIELD
CO COLORADO
by the
STATE OF COLORADO
County of Garfield
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countylb ;:H,,:fJiH*ffiffffi;f :.THi;trtJannexed and foregoing Resolution is truly copied from tn n."orar ;ilil i."ceeding of theBoard of county commissioners for said Garfield county, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affxed the seal of saidCounty, at Glenwood Springs, this day of 4.D.2004
was ado
county clerk and ex-officio crerk ofthe Board of county commissioners
Board