HomeMy WebLinkAbout5.0 Resolution 2004-6511E11 11111 1111111 111 1111111 11111 11111 III 1111111111111
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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 Plaza Building, in
Glenwood Springs on Monday, the 10th day of May, 2004, there were present:
John Martin
Larry McCown
TrMsi Houpt
Don DeFgrd
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2 0 0 4- 6 5
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR A TWO FAMILY DWELLING UNIT
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for a "Two Family Dwelling Unit"
submitted by Patrick and Marilyn Fitzgerald to expand the existing use of a single family
dwelling unit; and
WHEREAS, the specific use sought in the Special Use Permit includes a second
dwelling unit inside the existing single family dwelling unit; and
WHEREAS, the subject property contains approximately 23.148 acres, is located
at 0600 CR 138 in the A/R/RD zone district and in Study Area II of the Comprehensive
Plan of 2000, and is legally described as Lot 4, First Amended Senor Mesa Exemption to
Garfield County, Colorado and located in Section 35, Townships South, Range 90 West
of the Sixth Principal Meridian and also, in the County of Garfield, State of Colorado.
WHEREAS, the Board of County Commissioners opened a public hearing on
May 10, 2004, upon the question of whether the above-described SUP for a two family
dwelling unit should be granted or denied, during which hearing the public and interested
persons were given the opportunity to express their opinions regarding the issuance of
said SUP; and
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WHEREAS, the Board of County Commissioners closed the public hearing on the
10th day of May, 2004 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearing before the Board of County Commissioners.
2. That the public hearing before Board of County Commissioners were extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. The proposed special use permit conforms to Sections 3.02.03 and 5.03 of the
Garfield County Zoning Resolution of 1978, as amended.
4. 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 based on determination of facts set
forth above, the SUP request for a Two Family Dwelling Unit is approved with the
following conditions:
1. All representations of the applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval.
2. This second dwelling unit shall not be occupied for the proposed use until a final
certificate of occupancy has been issued by the Building Department. A Building
Permit for the second dwelling shall be applied for and construction and/or
improvements of said structure shall commence within 180 days of the issuance of
the Special Use Permit which itself is only valid for 120 days from the date of
issuance as per Section 9.01.05. If the applicant does not finish construction, the
Building permit is revoked, and the applicant does not eventually receive a CO for the
primary dwelling unit, then the SUP shall become null and void.
3. All lighting associated with this structure shall be the minimum amount necessary and
all exterior lighting will be directed inward and downward, towards the interior of the
lot.
Dated this 1 7th day of August; A.D. 2004.
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ATTEST:
T
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GA' D COUNTY,
C. ►' • ►0
Ova/
r •—
erkhe BQ
Upon motion duly made and seconded the foregoing Resolution wa• - I • by the
following vote:
John Martin
Larry McCown
Tresi Houpt
, Aye
, Aye
, Aye
STATE OF COLORADO )
)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
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. 2004
County Clerk and ex -officio Clerk of the Board of County Commissioners
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