HomeMy WebLinkAbout3.0 Resolution 2007-05.pdf1111 ~~11~ Ml~tN'M~''· tit'~. ii~1~M"' ,IW Ml~ 11 111 Receptiontt: 716949
02/08/2007 04:38:23 PM B:1893 P:0369 Jean Alberico 1 of 4 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
STATEOFCOLORADO )
)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 Plaza Building, in
Glenwood Springs on Monday, the 15th day of January, 2007, AD. there were present:
--=-J=oh=n:.:....=M=art=.=.:i=n ____________ , Commissioner Chairman
--=L=am=..L-'-=M=c-=C...::.o...:..;w...::;n=-------------' Commissioner
--=T...::..re=s=i...::.H.::...;o::....:u""p;..;;.t ____________ , Commissioner
--=D....;;o=n'-'D::;....;;..;et::....:o=r=d ____________ , County Attorney
Jean Alberico , Clerk of the Board -~=-.;~~~--------------=E'-"d_G.::...;r::....:;e"""e=n _____________ , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2007-05
A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE
PERMIT FOR A HOME OCCUPATION FOR LOT 15 OF THE MOUNTAIN SHADOWS
SUBDIVISION LOCATED AT 0040 APPLE DRIVE, GARFIELD COUNTY, COLORADO
Parcel ID: 2181-032-01-003
WHEREAS, the Board of County Commissioners of Garfield County, Colorado (the Board),
received an application for a Conditional Use Permit (CUP) for a Home Occupation to operate a
mobile tire repair service on Lot 15 of the Mountain Shadows Subdivision owned by Jill Jose
Castillo, located at 0040 Apple Drive, Garfield County, Colorado and is also located within the
R-MH/G/UD zone district; and
WHEREAS, the Board held a public hearing on the 15th day of January, 2005, upon the
question of whether the above described CUP should be granted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions concerning the
approval of said CUP; and
WHEREAS, the Board, on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as li sted below:
1. That adequate public notice was provided as required for the hearing before the
Board of County Commissioners and proof thereof submitted in the record;
1
'· '
1111 ~~··~~!*IN~ r.,,rtilft~i.. .. ,tl1·:~j.lfl!CM'•~ 11111
Receptiontt: 716949
02/08/2007 04 :38 :23 PM 0:1893 P:0370 Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee: GRRFIELD COUNTY CO
2. That the hearing before the Board of County Commissioners was extensive and
complete, that sufficient pertinent facts, matters and issues were submitted and that
all interested parties were heard at that meeting;
3. That for the above stated and other reasons, the proposed Conditional Use Permit is
in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is in conformance with Sections 3.11.02, 5.03, and 9.02 of the
Garfield County Zoning Resolution of 1978, as amended;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Conditional Use Permit is hereby approved subject to compliance with all
of the following specific conditions:
1. That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioner , shall be eonditions-of approval, unless-specifically
altered by the Board of County Commissioners.
2. Business operations may not begin until the applicant establishes the subject property as his
primary residence.
3. Appropriate building perm.its shall be obtained for the garage before business operations begin.
4. Hours of operation for following equipment will be restricted to 9:00 a.m. to 5.p.m., Monday
through Friday, and 9:00 am to 12:00 p.m. Saturday. Operation of this machinery on Sundays
will not be allowed.
1) Tire balancing machine
2) A machine to remove tires from the rim
3) Compressor and impact wrenches
5. Garage doors shall remain closed at all times.
6. Onsite customer vehicle repair is prohibited.
7. All operations of the home occupation must be conducted within the dwelling or accessory
building (proposed garage), including the storage of tires and equipment.
8. No signs advertising the home occupation may be placed anywhere on the subject property.
9. No employees are allowed for the home occupation. Only the property owner and any family
members residing at the subject property may be involved in the home occupation.
2
1111 ~?·~ ~llrl"~: ~IL 1'9:·~~, ... ~fr\l~MU lWl~ M111l 1111 I Reception~: 716949
02/08/2007 04:38:23 PM B:1893 P:0371 Jean Alberico 3 of 4 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
10. Residential habitation of the garage shall be prohibited.
11. Ingress and egress is restricted to the west side of the subject lot adjacent to Apple Drive.
12. Vehicles displaying commercial advertisement must be stored inside the proposed garage.
13. Deliveries shall be limited to once per week, and may only be conducted between the hours of
9:00 a.m. to 5:00 p.m., Monday through Friday.
14. Walk in service shall be prohibited.
15. Any violations of the terms, interpretations or agreements made or represented to Garfield
County by the applicant pertaining to or included in this conditional use permit, shall be
considered a breach of the terms of conditions and the applicant shall cease and desist all
activities resulting in a revocation of the conditional use permit.
16. This Conditional Use Permit is only valid under the ownership of the Applicant (Jose Castillo).
In the event that the property is sold to a subsequent owner other than Jose Castillo, the
Conditional Use Permit shall become null and void and only those uses found in Section 3.11.01
of the Garfield County Zoning Resolution of 1978, as amended will transfer with the property.
17. The Conditional Use Permit shall not be issued until all Zoning Violations on the subject lot are
rectified.
, A.D. 2007 .
GARFIBLDCOUNTYBOARDOF
COMMISSIONERS, GARFIELD
COUNTY, C LORADO
3
1111 ~:111J Mi.~: r&IJL,t1t~, li'1i. lt1·.~·~M1'~W,M'1~ 11111
Reception~: 716949 02/08/2007 04 :38:23 PM 8:1893 P:0372 Jean Alberico 4 of 4 Rec Fee :$0.00 Doc Fee: GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
~C~O~M=M=I=S~SI~O=NE-'=R~C=H==--=A=IR~J~O~HN=-F~·~M=A~R~T=IN~J ~~~~~~~~~~'Aye
~C~O~MM=-=I=S~SI~O=N~E=R~L=A~R=R=Y-=--=L~.M~C~C~O~W~N~J ~~~~~~~~~~~-'Aye
~C~O_M~M~I~SS~I=O~N=E~R~TR==E=S~IH=O~U~P~T"--~~~~~~~~~~~~~'No
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 ha ye 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