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HomeMy WebLinkAbout6.0 Resolution 82-49STATE OF COLORADO ss. County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, on ay the �$ day of held at the Court House in Glenwood Springs on March A. D. 19 82 , there were present: Flaven J. Cerise Eugene Drinkhouse Larry Velasquez Earl G. Rhodes Leanne Cleland, Deputy when the following proceedings, among others were had and done, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION #82-49 RESOLUTION CONCERNED WITH A PUBLIC HEARING IN REGARDS TO COMPLIANCE WITH CONDITIONS FOR A SPECIAL USE PERMIT GRANTED TO AUSTIN HEUSCHKEL FOR A MOBILE HOME PARK. WHEREAS, The Board of County Commissioners of Garfield County is authorized by Colorado statutes (§30-28-101, et seq., C.R.S. 1973, as amended) to enact zoning regulations for the unincorporated portions of Garfield County; WHEREAS, the Board of County Commissioners of Garfield County has enacted the Garfield County Zoning Resolution of 1978, as amended, which includes Section 9.01.06, compliance with conditions of permits, pursuant to Resolution #81-145; WHEREAS, in June, 1980, the Board of County Commissioners of Garfield County adopted Resolution #80-101, which was conditional approval of a special use permit for the Austin Heuschkel Mobile Home Park; WHEREAS, in September, 1981, the Board of County Commis- sioners of Garfield County issued a special use permit which made reference to the conditions contained in Resolution #80-101; WHEREAS, an objection has been filed with the Board of County Commissioners for Garfield County with the granting of said special use permit, and which objection challenges whether Austin Heuschkel has complied with conditions imposed upon him in Resolution #80-101; WHEREAS, on March 9, 1981, a public hearing was held in regards to this matter in accordance with Section 9.01.06 of the Garfield County Zoning Resolution of 1978; WHEREAS, the Commissioners heard testimony from the applicant, Mr. Heuschkel, and from his neighbors as to potential damage to the neighbors from the operation of wells on the Heuschkel property; WHEREAS, the public hearing has been closed, except for receipt of engineering reports which have now been reviewed by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners has now considered the evidence before it, including the engineering reports, as submitted by the parties; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County that the Board hereby makes the following findings of fact and conclusions of law: 1. This Board finds that there is no inherent conflict between the language of the Board's minutes, which make reference to a water augmentation plan, and the condition in Resolution #80-101, which requires that the applicant show a legal supply of water for the mobile home park, since the Board hereby finds that registered wells with an augmentation plan constitutes a legal source of adequate water for the mobile home park under the laws of the State of Colorado; 2. That the applicant, Austin Heuschkel, has demonstrated that he has obtained approval from the Water Court for the pumping of wells on his property to produce an adequate supply of water for residents of the mobile home park, and has obtained approval for an augmentation plan so that said wells can be pumped out of priority; 3. That Colorado Statutes at §37-92-103(9), and other section, define a plan of augmentation to include an alternate point of diversion; 4. That the applicant's contract with the Basalt Water Conservancy District constitutes an augmentation plan by means of an alternate point of diversion; 5. That the intent of the Board of County Commissioners is to give protection to the residents in the mobile home park by requiring an adequate supply of water to be available, which supply of water is legally, recognized by the Water Courts of the State of Colorado; 6. That the intent of the Board of County Commissioners as to protection of the neighbors, is to require that the water supply of the applicant be approved by the Water Court which approval, under Colorado law, of necessity provides for a procedure whereby neighboring users can protest this approval [§37-92-302(1)(a)]. 7. That the Board hereby finds that there is substantial evidence to show that the condition 2b in Resolution #80-101 has been complied with by means of the evidence produced by the applicant at the public hearing. 8. That Section 9.01.06 of the Garfield County Zoning Resolution requires a finding that the alleged violation is such as to endanger the safety or welfare of the residents or property of the citizens of Garfield County; 9. That the complainants have failed to show such entry as to constitute endangerment, as provided for in Section 9.01.06; 10. That the engineering reports indicate that there is a possibility of endangerment that this has not been demonstrated as of this time. NOW, THEREFORE, it is further resolved by the Board of County Commissioners of Garfield County that based upon the evidence at the public hearing of November 9, 1981, and the engineering reports submitted subsequent thereto, that the Board declines to find any non- compliance with the conditions of Resolution #80-101, and that the special use permit issued to Austin Heuschkel shall remain in full force and effect as of this date. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Chairman Aye ATTEST: E TIQ...ar ,Ilkckm: uae Aye STATE OF COLORADO County of Garfield Larry...Y.p.ls sauQz Aye Commissioners 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 Order 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 County Clerk and ex -officio Clerk of the Board of County Commissioners.