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Home My WebLink About4.0 Resolution 98-921111111 11111 1111111111 111111 11111 111111III I1I1I 1111 III! 533970 10/20/1998 11:298 B1093 P605 M RLSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 9-22-98 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 10th day of August A.D. 19 98 , there were present: Marian Smith Commissioner Chairman Larry McCown Commissioner John Martin , Commissioner Don Deford , County Attorney Mildred Alsdorf , Clerk of the Board County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO9 8-92 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT APPLICATION FOR THE LESTER CRAIN SUBMISSION. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from David and Sigrid Murray for a special use permit to allow for approval of an accessory dwelling unit; and WHEREAS, Garfield County Planning Commission held a public hearing on 10 June , 1998, upon the question of whether the above described accessory dwelling unit 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 special use permit; and WHEREAS, the Board held a public hearing on 14 July , 1998 and continued said hearing to 10 August , 1998 upon the question of whether the above described accessory dwelling unit 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 Page 1 of 5 111111111111111111111111111111111111111111111111111111! 533970 10/20/1998 11 29P B1093 P606 M RLSDORF 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below. 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. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use, upon compliance with all conditions of approval, will be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. and; WHEREAS the Board has made the following determination of findings as listed below. 1. The Applicant's submission was filed with the Planning Department of Garfield County on 9 April 1998, and referred to the Planning Commission. 2. The Garfield County Planning Commission reviewed the Application and recommended approval of the Application under certain conditions on 10 June 1998. 3. The Board of County Commissioners established a date for public hearing on the Application for the special use permit and the vesting of the development rights per §24-68-103, C.R.S., as amended, which commenced on 14 July 1998 at 9:00 a.m. and was thereafter properly continued to 10 August 1998 at 3 o'clock p.m. t. Pursuant to evidence produced at the public hearing on this Application, the Board finds: a. that the property owners adjacent to the property that is the subject of this Application received notification of the date, time, and location of the above - referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; b. that notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; c. that the substance of the mailed and published notification substantially informed interested parties of the subject matter and the location of the requested modification to the existing zoning; Page 2 of 5 11111111111!111111111111111111111111111111111111111111 533970 10/20/1998 11.29R B1093 P607 M RLSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO that the Board of County Commissioners has jurisdiction to conduct the public hearing on the Application and render a decision thereon; and e. that the requested accessory duelling unit does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the property that is the subject of this Application, or the public interest, and is not granted solely to confer a special benefit upon any person. The hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters, and issues were submitted; and all interested parties were heard at the hearing. Pursuant to §3.02 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that, subject to strict compliance with the conditions set forth herein, the special use permit will meet the standards and requirements of §5.03, gt seq. of that Zoning Resolution. The special use permit, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and the surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation, or unique features of the site. The Board of County Commissioners find that no portion of the special use permit conditionally approved herein may be occupied until all appropriate building inspections have been approved by the Building Department. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Lester CRAIN Accessory Dwelling Unit is hereby approved subject to compliance with all of the following specific conditions: All representations made by the Applicant at the Public Hearing and in the Application shall be considered conditions of approval, unless specified otherwise by the Board. All items indicated in the staff report, recommended by the Planning Commission, and included by the Board of County Commissioners at the public hearing as itemized below. 1. The applicant will need to supply approval of a well permit prior to issuance of a Special Use Permit. It would appear from the submission by the applicant that this item has been adequately addressed. Lighting on the proposed structure shall be situated so as to shine down and towards the structure and not outward and onto any neighboring properties. Page 3 of 5 1111111 11111 111111 1111 111111 11111 111111111 11111 11111111 533970 10/20/1998 11 29R B1093 P608 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO The applicant shall submit evidence of approval of the accessory dwelling unit from the subdivision's Homeowners Association. All construction will be required to conform with the county's building code regulations. The location of the feeder ditch shall be re-sited since its current location runs adjacent to the home. /t would appear from the submission by the applicant that this item has been adequately addressed. The applicant shall indicate the size of the proposed detached garage area. The plan shall include a note that no wood burning fireplaces are allowed on this site, and that all stoves shall meet the requirements of the state. The plan should include a note that only one dog is allowed on this site. The applicant shall be required to comply with the individual sewage disposal regulations (ISDS) of the county. A per and probe has been performed and revealed that an engineered "mounded" ISDS would be advisable. The protective covenants require review and comment by the Town of Carbondale of any new ISDS. 10. The precise width of the driveway surface shall be revealed by the applicant on the plan. The width and the surface of Blue Heron Lane shall be discussed in the application and shown on the site plan. Street improvements to provide safe and convenient access, and to adequately accommodate the traffic volume generated by the proposed use, should either be in place or be constructed in conjunction with the proposed use. 11. The applicant shall form a Road Maintenance Agreement among the homeowners, based upon equitable payments, to improve the shared road to the County's standards. Dated this 20 day of October , A.D. 1998 . ATTEST: Cly erk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Page 4 of 5 Azea 1 111111 11111 111111 111111a1111111111111111111111111 1111 533970 10/20/1998 11 29A B1093 P609 M RLSDORF 5 of 5 R 0.00 D 0.00 GPRFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH Aye COMMISSIONER LARRY L. MCCOWN ,Aye COMMLSS10Nr;N JOHN P'. MARTIN Aye STATE OF COLORADO ) )ss County of Garfield ) 1, 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 Page 5 of 5