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LAND USE CHANGE PERMIT
for
A 0.325 Acre Parcelof Land Owned by Edna Montanez Located at fiA MelRay
Road, Adjacentto the City of Glenwood Spnngs in Section 6, Township 6 Soufi,
Range 87 West, of the 6th Principal Meridian as described in a Specra/ Warranty
Deed filed for record at Reception No. 841A07 and further described in Exhibit
"C" in the office of the Garfield County Clerk and Recorder
(Assessor's Parcel No. 21 85-061 -02-002)
ln accordance with and pursuant to provisions of the Garfield County Land Use and
Development Code of 2013, as amended, the Directods Decision Letter Dated December
18, 2018, and a Resolution of Approval (Resolution Number 201940) for a Substantial
Amendment to an Approved Land Use Change Permit - modifying the Director's Decision
by the Board of County Commissioners of Garfield County, State of Colorado the
following activity is hereby authorized by Land Use Change Permit:
A Two-Unit Dwelling as shown on the Site Plan Attached as Exhibit A
(GAPA-I 0-1 8-8690 & SUAA-04-1 9-87 27)
This Land Use Change Permit is issued subject to conditions of approval as set forth in
Exhibit "8". The Permit shall be valid only during compliance with such conditions and
other applicable provisions of the Garfield County Land Use and Development Code, as
amended, Building Code, and other regulations of the Board of County Comrnissioners
of Garfield County, Colorado.
GARFIELD COUNTY BOARD OF
COUNry COMMISSIONERS,
GARFI ELD COUNTY, COLORADO
ATTEST:
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Exhibit A
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Exhibit B
Conditions of Approval(as slated in Resolution 20lg-40)
1. All representations of the Appticant 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 shail
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,
L 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 propefi owner shall comply with all requirements from the City of
Glenwood Springs for connection to the municipalwater system.
11. The proposed dwelling units shall be served by the West Glenwood Sanitation
District for wastewater. The property owner shall comply with all requirements
of the West Glenwood Sanitation District for connection to the District's
wastewater system.
Exhibit C
Legal Description
Lot 2, Block 2
Mel-Ray Subdivision
According to the Plat recorded october 29, 1g4g as Reception No.'s 170138 and
170139
Coun$ of Garfield, State of Colorado
Also known by street address as: 170 Melray Road, Glenwood Springs, CO 81601
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STATEOFCOLORADO )
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County of Garfield )
At a regular meeting of the Board of County Commissioners for Carfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the lstday of July A.D.2019, there were present:
John Martin . Comrnissioner Chairman
Mike Samson Commissioner
Tom Jankovskv . Commissioner
Kevin Batchelder County Manager
County Attomey
Kelly Cave . Assistant County Attomey
Clerk of the Board (absent)
when the lollowing proceedings, among others were had and done, to-wit:
RESoLUTToN No. ZOn r[O
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 MONTANEZLOCATED 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# 2 I 8s-06 I -02-002
Recitals
A. An application for a Substantial Arnendment to a Land Use Change Permit
('Application") was submitted to the Garfield County Communiry Development Department (File
No. SUAA-04-19-8727). The Director of the Community I)evelopment Department referred the
request up to the Board of County Commissioners ('oBoard") 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 approximatety 0.325 acres in size and is owned by Edna Montanez. It
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is describEd in a Warranty Deed recorded Septernber 23,2013 at Reception No. 841007.
D. The subject property is located within unincorporated Garfield County in the
CommerciaVlimited Zone Distric! adjacent to the City of Glenwood Springs, rt 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 Communiry 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 Arnendment should be approved or
denied. The Board continued the Public Hearing until July 1st,2019 so that all Cornmissioners
could be present.
G. On July I st, 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 l,t day ofluly,
2A19 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 rvas extensive and complete,
that all pertinent facts, matters and issues were submitted or could be submitted and ihat
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 rnet the requirements of the Garfield County Land
Use and Development Code, as amended.
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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 Monlanez Two-Unit Dwelling SubstantialAmendment is hereby approved subject to
compliance with the following conditions of approval.
l. 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. Priorto the issuance of the Land Use Change Permit, the applicant shall remove rhe
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, verifuing tuming 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 Carfield 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 fiom Garfield County Road and
Bridge for the proposed driveway.
8. Tandem parking spaces shall be assigned to the same uni! as indicated in the
application.
9. All exterior lighting shall be downcast and shielded and comply with Section 7-304,
Lighting Slandards, 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 requirernents from the City of Glenwood Springs
for connection to the municipal water system.
I l. The proposed dwelling units shall be served by the West Glenwood Sanitation District
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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 l 5 t
day of A,D. Z0 t 7
ATTEST:GARFIELD COT]NTY BOARD OF
ERS, GARFIELD
OLORADO
Upon motion duly made and seconded
following vote:
ted by the
COMMISSIONER CHAIR JOHN F. MARTIN . Aye
COMMISSIONER MIKE SAMSON . Aye
COMMISSIONER TOM JANKOVSKY _. . Aye-
STATEOFCOLORADO )
)ss
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'certif,, that the
annexed and foregoing Resolution is tru[y copied from the Records ofthe Proceeding ofthe Board
of County Commissioners for said Garfield County, now in my offiee.
IN WITNESS WHEREOF, I have hereunto set my hand and aflixed 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