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Home My WebLink About3.0 Resolution 98-58r STATE OF COLORADO )ss County of Garfield 111E111111 111111 I111 1111111 III 1111111 III 111111 1111 1111 529120 07/22/1998 10:46A 81079 P425 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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 20th day of July A.D. 1998, there were present: Marian Smith , Commissioner Chairman John Martin , Commissioner Larry McCown , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Mark Bean and Dale Hancock , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 8-58 (interim) A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR DALE EUBANK. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Dale Eubank concerned with a Special Use Permit for an office/manager's residence as an accessory to a mini -storage complex; WHEREAS, the Board held a public hearing on the 22nd day of June 1998 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. 1#1,10M#101139111plly 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 3. 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 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 office/manager's residence as an accessory to a mini -storage complex, upon the following specific conditions: 1. That all representations of the applicant, both in the application and verbally at the hearing, shall be considered conditions of approval, unless approved otherwise by the Board. 2. The office/manager's residence shall adhere to all provisions of the Garfield County Zoning Resolution of 1978, as amended. The unit shall be used only as accessory dwelling to the principal use of the property for industrial use. 3. That the accessory dwelling unit shall adhere to the following standards: "One (1) dog will be allowed for each residential unit on this lot, and the dog shall be required to be confined within the owner's property boundaries. Enforcement provisions shall be developed for allowing the removal of a dog from the area, as a final remedy in worst cases." "No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." 4. A letter from the Roaring Fork Railroad Holding Authority, acknowledging that the Southern Pacific crossing license is valid for the proposed use, prior to the issuance of the permit. 1111111 gill 1111111111111I111 III 1111111111 11111 1111 1111 529120 07/22/1998 10:46A B1079 P427 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 21 day of J u l v , A.D. 1998 . ATTEST: / ®• 46 % erk of the Board-, GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upoh motioirsluly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH COMMISSIONER LARRY L. MCCOWN COMMISSIONER JOHN F. MARTIN STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • 111111111111 iII 1111111111111111111111111111111111111 529120 07/22/1998 10:46A B1079 P428 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A TO SPECIAL WARRANTY DEED FROM MID-CONTINENT RESOURCES, INC., TO DALE EUBANK, LLC A TRACT OF LAND SITUATE IN SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 364 AT PAGE 167 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY COLORADO WHENCE THE WITNESS CORNER TO THE S 1/4 CORNER OF SAID SECTION 36 BEARS S 69°45' E 961.91 FEET; THENCE ALONG THE BOUNDARY DESCRIBED IN SAID BOOK 364 AT PAGE 167 THE FOLLOWING SIX (6) COURSES: (1) SOUTH 90.13 FEET; THENCE (2) S 79°17' E 97.63 FEET; THENCE (3) N 82°30' E 52.93 FEET; THENCE (4) N 66°14' E 31.76 FEET; THENCE (5) SOUTH 632.72 FEET; THENCE (6) N 89°24'40" W 661.35 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 23 OF SAID SECTION 36; THENCE N 52°22'35" W 708.14 FEET; THENCE NORTH 300.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE DENVER & RIO GRANDE WESTERN RAILROAD; THENCE EASTERLY 1060 FEET MORE OR LESS ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID DENVER & RIO GRANDE WESTERN RAILROAD; THENCE SOUTH 40 FEET MORE OR LESS ALONG THE EAST LINE OF GOVERNMENT LOT 15 OF SAID SECTION 36 TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE WEST 15 FEET MORE OR LESS ALONG THE SOUTH LINE OF GOVERNMENT LOT 15 ALSO BEING THE NORTH LINE OF GOVERNMENT LOT 23 TO THE POINT OF BEGINNING CONTAINING 17.6 ACRES MORE OR LESS. GRANTOR RESERVES A JOINT ACCESS ROAD AND UTILITY EASEMENT' 'ilP BE MAINTAINED BY GRANTOR AND SUCCESSOR 40 FT. IN WIDTH FROM THE RAILROAD RIGHT-OF-WAY TO GRANTOR'S REMAINING PROPERTY ON THE WEST BEING 20 FT. IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL OF LAND; THENCE N 88°48'00" E ALONG THE NORTHERLY LINE OF SAID PARCEL 624.65 FEET TO A POINT ON THE CENTERLINE OF SAID ACCESS EASEMENT, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE THE FOLLOWING TWELVE (12) COURSES ALONG SAID CENTERLINE: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 37.18 FEET AND A CENTRAL ANGLE OF 50°55'26" FOR A DISTANCE OF 33.05 FEET (CHORD BEARS S 24°33'40" E 31.97 FEET) 2. S 00°54'03" W 49.04 FEET 3. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 59.87 FEET AND A CENTRAL ANGLE OF 38°59'23" FOR A DISTANCE OF 40.74 FEET (CHORD BEARS S 20°23'44" W 39.96 FEET) 4. S 39°53'26" W 12.91 FEET 5. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 29°29'53" FOR A DISTANCE OF 30.89 FEET (CHORD BEARS S 54°38'23" W 30.55 FEET) 1111111 111111 ilii [llIII 111 1IIIHI 111111111111111 52912007/22/1998 10:46A 81079 P429 M ALSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO •PAGE NO. 2 PROPERTY DESCRIPTION 6. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 295.00 FEET AND A CENTRAL ANGLE OF 16°55'59" FOR A DISTANCE OF 87.18 FEET (CHORD BEARS S 60°55'20" W 86.87 FEET) 7. S 52°27'21" W 53.49 FEET 8. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 44°04'05" FOR A DISTANCE OF 84.60 FEET (CHORD BEARS S 74°29'23" W 82.53 FEET) 9. N 83°28'34" W 110.26 FEET 10. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 274.00 FEET AND A CENTRAL ANGLE OF 17°11'39" FOR A DISTANCE OF 82.23 FEET (CHORD BEARS N 74°52'45" W 81.92 FEET) 11. N 66°16'55" W 91.80 FEET 12. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 423.00 FEET AND A CENTRAL ANGLE OF 16°49'30" FOR A DISTANCE OF 124.21 FEET (CHORD BEARS N 74°41'40" W 123.77 FEET) TO A POINT ON THE WESTERLY LINE OF SAID PARCEL, THE TERMINUS; WHENCE THE NORTHWEST CORNER OF SAID PARCEL BEARS S 00°00'00" W 123.46 FEET.