HomeMy WebLinkAbout6.0 Resolution 99-0311111111111111111111111111111111111111111111 11111
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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 4-h day of January A.D. 19 99
there were present:
Marian Smith
John Martin
Larry L. McCown
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. 9 9- n-1
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR EDWARD B. LARSH.
WHEREAS, the Board had previously approved this special use permit as
Resolution. 97, and by an inadvertent error included an incorrect legal description of said
property as described in the application;
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received application from Edward B. Larsh for a Special Use Permit to allow for the placement
an accessory dwelling unit in the A/R/RD zone district at the site identified in the application:
WHEREAS, the Board held a public hearing on the 19th day of October 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 all representations of the applicant, either within the application or stated at
the meeting before the Board of County Commissioners, shall be considered
conditions of approval.
2. That the applicant sign the affidavit as submitted with the application, and which
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may be amended as necessary to the satisfaction of the County.
3. That the applicant enter into the agreement as submitted with the application, and
which may be amended as necessary to the satisfaction of the County.
The applicant is to move the Caboose to the proposed location and entirely strip
the structure of all residential appurtenances, and that the applicant shall, at his
own cost, request an inspection from the Building and Planning Department to
determine compliance with this condition.
5. The applicant shall obtain a new street address for identification of his property.
6. The applicant shall obtain a building permit and any development shall comply with
the application and site plan as submitted.
The applicant shall amend the Exemption Plat for said property to include the
expanded building envelope, new access and remove said easement from plat as
indicated in the Agreement as submitted.
8. The Exemption Plat shall be amended to include the following plat notes:
"All residential construction shall be consistent with the Colorado State Forest
Service (CSFS) recommendations for construction of homes contained in the
CSFS publication "Wildfire Protection in the WildIand/Urban Interface" and
"Model Regulations for Protecting People and Homes in Subdivisions and
Developments."
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints
made against customary and legal agricultural operations and practices will not be
pursued."
BE IT THEREFORE RESOLVED, that the previously approved special use permit be
revoked and this special use permit replace Resolution 98-97.
Dated this 5th day of January
ATTEST:
A.D. 1999
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
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.t itt.e-e r i Com/
Clerk of th T Board J 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
, Aye
COMMISSIONER JOHN F. MARTIN ,Aye
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
t7N, 77-11
i
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SKERRY A. CALOIA
JEFFERSON V. 1-IOUPT
BARBARA P KOZELKA
MARK E. HAMILTON
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
John Barbee, Senior Planner
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
December 29, 1998
Re: Special Use Permit for Edward B. Larsh
Dear John:
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
We received in our office about two weeks ago a copy of the Commissioners'
Resolution No. 98-97 approving the above -referenced Special Use Permit (copy attached).
AIthough we no longer represent Mr. Larsh, I thought I should let you know that Exhibit "A"
attached to the recorded resolution is not the correct legal description of the property (it is a
description of both lots in the Larsh Subdivision Exemption rather than Mr. Larsh's lot only).
The correct legal description was published before the hearing and was submitted with
supplemental materials for the application on 9/29/98; a copy is enclosed.
Please call me if you have questions or concerns.
Sincerely,
CALOIA & HOUPT, P.C.
BPK/frn
Enclosures
cc: Ed Larsh
Martha Pickett, Esq.
Ba'.ara P. Kozel
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LEGAL DESCRIPTION FOR PUBLIC NOTICE OF APPLICATION MADE BY
EDWARD B. LARSII TO GARFIELD COUNTY FOR SPECIAL USE PERMIT
LOT B (as shown on the Second Amended Plat for the Larsh Subdivision Exemption recorded in
the Office of the Clerk & Recorder for Garfield County, Colorado at Reception No. 507972):
A Marcel of land situated in Lots 1 and 2 of Section 20 and in the NE1/4 NE 1/4 of Section 19, all
in Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado,
lying easterly of the center of the Roaring Fork River and westerly of the Westerly right-of-way
lute of the Southern Pacific Transportation company Railroad, and being more particularly
described as follows:
Beginning at a point on the Northerly boundary line of that land described in Book 622 at Page
548 as Reception No. 3394I8 of the records of the clerk and recorder of said Garfield County,
whence the Witness Corner to the N1/4 Corner of said Section 20 bears N 21°42'45" E1414.36
feet; thence West 682.25 feet along the Northerly boundary line of that land described in said
Reception No. 339418 to a point in the center of said Roaring Fork River; thence N 48°00'00"
W 136.10 feet along said river centerline, thence N 64°45'00" W 52.24 feet along said river
centerline; thence N 57°51'43" E 509.86 feet; thence S 81°01'14" E 336.54 feet to a point on the
centerline of a 20 foot wide utility easement; thence N. 03°03'10" W 253.25 feet along said
centerline; thence N 33°38'07" E 90.52 feet along said centerline to a point on the Westerly
right-of-way line of said railroad; thence S 36°09'00" E 541.63 feet along said Westerly right -of -
say Iilie; thence West 271.01 feet; thence S 04°47'00" W 223.72 feet to the point of beginning,
containing 7.36 acres snore or less.
COUNTY OF GARFIELD,
STA'T'E OF COLORADO.
I ARSIT-I oI Fi 1 Ilrsrrinli°n