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Home My WebLink About4.0 Resolution 2019-401111 Nrid! ` AINI RUaV.I.Milif G Nti4 1,14.11411 11 1 Reception#: 922898 07/16/2019 10:08:13 AM Jean Alberico 1 of 4 Rec Fee:$0.00 Doc Fee: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 Administration Building in Glenwood Springs on Monday, the 151 day of July A.D. 2019, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Kevin Batchelder , County Manager Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board (absent) when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. LO iq 14 0 A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL AMENDMENT TO AN APPROVED LAND USE CHANGE PERMIT FOR A TWO -UNIT DWELLING, ON A 0.325 ACRE PROPERTY OWNED BY EDNA MONTANEZ LOCATED ADJACENT TO THE CITY OF GLENWOOD SPRINGS, AT 170 MEL RAY ROAD IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2185-061-02-002 Recitals A. An application for a Substantial Amendment to a Land Use Change Permit ("Application") was submitted to the Garfield County Community Development Department (File No. SUAA-04-19-8727). The Director of the Community Development Department referred the request up to the Board of County Commissioners ("Board") for their consideration. The property is located in Section 6, Township 6 South, Range 89 West of the sixth P.M., Garfield County. B. The Application requested a Substantial Amendment to a conditionally approved Land Use Change Permit for a two -unit dwelling that was approved by Director's Decision on December 12, 2018. The request was for the removal of Condition #2 in the Director's Decision. C. The property is approximately 0.325 acres in size and is owned by Edna Montanez. It 1 L1 1111111.12!401.16 IN 11111 Reception#: 922898 07!1612019 10:08:13 RM Jean Rlberioo 2 of 4 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO is described in a Warranty Deed recorded September 23, 2013 at Reception No. 841007. D. The subject property is located within unincorporated Garfield County in the Commercial/Limited Zone District, adjacent to the City of Glenwood Springs, at 170 Mel Ray Road. E. The Board is authorized to approve, deny or approve with conditions an Application for a Substantial Amendment to an Approved Land Use Change Permit referred to the Board by the Director of Community Development pursuant to the provisions contained in the Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 24th day of June, 2019 for consideration of whether the proposed Substantial Amendment should be approved or denied. The Board continued the Public Hearing until July 1St, 2019 so that all Commissioners could be present. G. On July 1St, 2019 the public and interested persons were given the opportunity to express their opinions regarding the application. The Board closed the public hearing on the 1st day ofJuly, 2019 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required 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 or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the Substantial Amendment to the Land Use Change Permit for the Montanez 2 -Unit Dwelling is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is generally compliant with the Garfield County 2030 Comprehensive Plan. 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 11111MICTIONL16 111116107iWil / L'i' w'r4,11111 Reception#: 922898 07/16/2019 10:08:13 RM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Montanez Two -Unit Dwelling Substantial Amendment is hereby approved subject to compliance with the following conditions of approval. 1. All representations of the Applicant within the application shall be considered conditions of approval unless otherwise modified by this approval. 2. CONDITION REMOVED PER THIS RESOLUTION 3. Prior to the issuance of the Land Use Change Permit, the applicant shall remove the carport, or obtain a variance for its location in the setback. 4. Prior to the issuance of the Land Use Change Permit, the applicant shall supply a parking analysis, verifying turning movements of vehicles are possible for the spaces that are proposed. 5. Prior to the issuance of the Certificate of Occupancy, the applicant shall upgrade the existing driveway to meet Road and Bridge requirements. Demonstration of compliance with this condition shall be provided by Garfield County Road and Bridge. 6. Prior to the issuance of the Certificate of Occupancy, the applicant shall either remove the sheds from the setback, or obtain a variance for their location in the setback. 7. The applicant shall obtain a driveway access permit from Garfield County Road and Bridge for the proposed driveway. 8. Tandem parking spaces shall be assigned to the same unit, as indicated in the application. 9. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 10. The proposed dwelling units shall be served by City of Glenwood Springs water. The property owner shall comply with all requirements from the City of Glenwood Springs for connection to the municipal water system. 11. The proposed dwelling units shall be served by the West GIenwood Sanitation District 3 1111E.110114KLIC1411105NIV.IMAIld 11111 Reception#: 922898 D7/16/2019 10:08:13 RM Jean Albericc 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO for wastewater. The property owner shall comply with all requirements of the West Glenwood Sanitation District for connection to the District's wastewater system. Dated this 1 S day of ATTEST: il Clerk of the Board , A.D. 20 (? . GARFIELD COUNTY BOARD OF CO IONERS, GARFIELD OLORADO Upon motion duly made and seconded '"mooing Re following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY ••lution was .' STATE OF COLORADO )ss County of Garfield opted by the , Aye , Aye , Aye_ I, , County CIerk 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 ofthe 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 4