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HomeMy WebLinkAbout8.0 Resolution 85-222• • 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 30th day of December A.D. 1985, there were present: Robert Richardson , Commissioner Chairman Larry Schmueser , Commissioner Flaven J. Cerise , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Roger Ludwig , Administrative Assistant When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 85_222 A .RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY JERRY FAZZI AND JON JULIUS. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Jerry Fazzi and Jon Julius for a Special Use permit for an agriculture related business, specifically, farm equipment sales. See Exhibit "A" (in the State of Colorado and the County of Garfield); and WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 21st day of October, 1985, 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 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 meeting. 3. That for the above stated and other reasons, the proposed Special Use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 1 • • NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the Special Use permit be and hereby is authorized permitting the use of the above described tract of land for an agriculture related business; specifically farm equipment sales upon the following specific conditions: 1. That the use of the tract of land comply with all regulations of Garfield County relating to agricultural related business in the zone district in which the property is located. 2. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 3. That all conditions must be met within 120 days and that the said Special Use permit shall be taken out within 120 days of the date of issuance of the resolution approving the Special Use permit unless an extension is granted by the Board of County Commissioners. 4. The Special Use permit shall only be valid for a period of 120 days from the date of issuance unless construction or use has commenced thereunder; and if construction or use has not commenced within this specified period, the permit spall expire. 5. Use of the site shall be limited to the proposed use of farm equipment sales. 6. That the applicants shall, to the best of their ability, mitigate impacts on surrounding property, including, but not limited to, noise, odor, glare, traffic and visual impacts. 7. That the applicants establish the legality of using the existing well for both proposed parcels and businesses or submit evidence of an additional legal source of domestic water. 8. That the applicants obtain final approval of their subdivision exemption creating the proposed 4.37 acre parcel on which the farm equipment sales facility is to be located prior to final approval of the Special Use permit. 9. The applicant shall submit proof of publication in the Glenwood Post indicating publication of the public notice at least 15 days prior to the hearing. Dated this 30th day of December ► A.D. 1985 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD Cat► Y, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Robert Richardson Aye - Larry Schmueser Aye Flaven J. Cerise Aye 2 STATE OF COLORADO 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 Proceedings 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 of the Board of County Commissioners. County Clerk and ex -officio Clerk 3 • • EXHIBIT A . A parcel of land situate in the WW1/4 of the NE4 Section 9 and the SW'4 of the SE4 Section 4, all in Township 6 South, Range 92 West of the 6th Principal Meridian described as follows: Beginning at a point on the West line of said NW4 of the NE4 whence the Section corner common to Section 3, 4, 9 and 10 located at the intersection of 1st Street and Grand Avenue in the Town of Silt, Colorado bears North 00°32'42" West 163.48 feet and North 89°14'35" East 2637.29 feet; thence South 86047'15" East 724.70 feet; thence South 287.84 feet to a point on the northerly right-of-way of U.S.Highway 6 and 24; thence along said right-of-way the following four courses, 230.43 feet along the arc of a curve to the right having a radius of 5595.78 feet of which the chord bearing is North 86°31'47" West 230.42 feet; thence North 85°21'00" West 148.25 feet; thence North 04°39'00" East 40.00 feet; thence North 85°21'00" West 347.96 feet to a point on said West line of the NWS of the NE4; thence North 00°32'42" West 234.32 feet to the point of beginning and containing 4.37 acres more or less. Subject to an easement for ingress and egress purpose, being 30 feet in width in which the centerline is described as follows: Beginning at a point on the southerly right-of-way of U.S. Highway 6 and 24, whence the Southeast Corner of Section 4 bears North 77°33'18" East 2329.48 feet; thence North 04°39'00" East 283.10 feet to the point of termination.