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HomeMy WebLinkAbout4.0 Resolution 2002-0411111111111111111111111111111111 iiiiiii 11111 III 1111 r 595329 01/08/2002 02 23P B1319 P74 M ALSDORF ` 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 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 7th day of January A.D. 20021 there were present: John Martin Larry McCown Walt Stowe 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. 2 0 0 2- 0 4 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR EDWARD AND GLORIA WILKS TO ALLOW FOR AN ACCESSORY DWELLING UNIT IN THE A/R/RD ZONE DISTRICT. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Edward and Gloria Wilks concerned with a Special Use Permit to allow an accessory dwelling unit on property located at 5181 County Road 233, Rifle, CO, Garfield County; WHEREAS, the Board held a public hearing on the 3rd day of December 2001 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. • 111111 11111 111111 1111 111111 111 11111,111111 1111 1111 • 595329 01/08/2002 02 23P B1319 P75 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO 4. For the above stated and other reasons, the proposed special use permit 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 unit, upon the following specific conditions: 1. That 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. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements and requirements of the driveway permit; 3. That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage; 4. That the gross floor area of the accessory dwelling unit shall, which is the existing house at 5181 County Road 233, shall not exceed 1,500 square feet; 5. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased; 6. That, prior to issuance of the special use permit, the applicant shall submit evidence of 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 draw down and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to two (2) dwelling units; 5. An assumption of an average of 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 independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 7. That it is the applicant's responsibility to comply with any applicable covenants or Homeowners' Association rules; the special use permit will not be issued until evidence of written approval of the accessory dwelling unit by the Homeowners' Association is submitted to the Planning Department, unless no Homeowners' Association exists. 8. That this approval shall be valid for one year. If conditions are not met within one (1) year 111111111111111111111111111111111116111111111111111 • 39of29 3 R10 002002 D 0.00:23P GARFIELD9ALSDORF COUNTY CO (Prior to 12/3/02), and subsequently no special use permit is issued, the approval shall expire. Dated this 7th day of January ATTEST: \o,W 11111�1,1,,r , A.D. 2002. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, LORADO ler, of the Board CN, Upon motion duly made and seconded the fore esolution was adopted by the following vote: COMMISSIONER CHAIRMAN JOHN F. MARTIN ,Aye COMMISSIONER WALTER A. STOWE ,Aye COMMISSIONER LARRY L. MCCOWN ,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. 2002. County Clerk and ex -officio Clerk of the Board of County Commissioners