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Home My WebLink About5.0 Resolution 2011-51211 rImillivaccit litty uiri l It hh 11 11 1 Reception#: 808311 09/20/2011 02:12:66 PM Jean 9lber1co 1 of 8 Reo Fee:$0.00 Doo Fee:0.00 CPRFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on Monday, the 19th day of September, 2011, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when thefollowing proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011- 51 A RESOLUTION RATIFYING PRIOR APPROVAL OF A SPECIAL USE PERMIT FOR A RESORT FOR TODD, KRISTINE, MIKE AND RUTH LEAHY WHEREAS, the Board of County Commissioners has the authority to regulate the use of land within unincorporated Garfield County pursuant to the laws of the State of Colorado including, but not limited to, C.R.S. § 29-20-101, et seq., and C.R.S. § 30-11-101, et seq. WHEREAS, in 2006 the Board of County Commissioners of Garfield County, Colorado, reviewed an application from Todd, Kristine, Mike and Ruth Leahy for a Special Use Permit for a Resort on property located adjacent to Ski Sunlight off of Forest Service Road 300 and legally described on Exhibit A and described in the Site Plan attached as Exhibit B; WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of September, 2006, upon the question of whether the above-described Special Use Permit for a Resort 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; WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, approved the application for a Special Use Permit for a Resort at the site identified in the application, subject to specific conditions; WHEREAS, as a result of clerical error, the Resolution memorializing the approval with conditions, a true and accurate copy of which is attached as Exhibit C and incorporated herein by .1III Irk i 11110,1rifilf441ritilk lilt Pi11 III Reception#: 808311 09/20/2011 02:12:66 PM Jean Alberto° 2 of 0 Rea Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO reference, was never presented to the Chairman of the Board of County Commissioners for signature; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, hereby corrects that error and ratifies the approval of a Special Use Permit for a Resort, upon the following specific conditions: 1) All representations of the applicant shall be considered conditions of approval, unless changed by the Board of County Commissioners at the hearing. 2) The maximum number of guests staying at the resort shall be 35. Any occupancy greater than 35 shall require a new land use permit. 3) Any lighting installed at the resort shall be directed downward and inward. 4) All construction shall comply with the 2003 IBC for all building construction. 5) Prior to the issuance of the Special Use Permit, the applicant will submit a revised well permit from the State Division of Water Resources for the uses proposed in the resort. 6) The EFFECTIVE DATE of this resolution is September 11, 2006 at which hearing the vote on approval of the above-described application was as follows: John Martin Ave Larry McCown Aye Trhsi Houpt Absent Dated this 19 ''h. day of Sytmmtu,tA.D. 2011. ATTEST: GARFIELD COUNTY BOARD OF COMMIS ONERS, GARFIELD COUN LORADO Upon motion duly made and secondedthe foregoi g Resolu ' n was adopted .y the following vote: John Martin Mike Samson Tom Jankovslcy , Aye , Aye , Aye 2 0111 WA 11111 ' Reception0; 808311 09/20/2011 02:12:56 PM Jean Rlberloo 3 of 8 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 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. 2011 County Clerk and ex -officio Clerk of the Board of County Commissioners Garfield County Clerk & Recorder 3 Order Number: 01001585 SCHEDULE A LEGAL DESCRIPTION EXHIBIT A. TRACT OF LAND SITUATED IN TER E1/2NE1/4 OP SECTION 32 AND W1/2NW1/4 OF SECTION 33, TOWNSHIP 7 SOUTR, RANGE 89 WEST OF THE STH P.M. BRING MORE FARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT BEING A REBAR AND CAP, L.S. NO. 26950 WHENCE THE NORTH 1/16 CORNER SAID SECTIONS 32 AND 33 BEING A NUMBER 6 REAR WITH A 3 ENCS DIAMETER ALOMCNUM CAP BEARS NORTH 16022'49" WEST 367.83 FEET; THENCE SOUTH 31°01'29" EAST 128.30 FEST TO A RREAR AND CAP, L,S. NO. 26950; THENCE SOUTH 14`19'47" EAST 148.74 FEET TO A REBAR AND CAP, L.S. 00. 26950, THENCE SOUTH 09°44'20" WEST 133.98 FEET TO A MAR AND CAP, L.S. NO. 86950; THENCE NORTH 80°15'40" WEST 254.18 FEET TO A MBAR AND CAP. L.S. NO. 26950; =NON NORTH 09°44'20" EAST 95.31 PEET TO A REAR AND CAP, L.S. N0. 26950; THENCE NORTH 12°48'31" WEST 205.11 FEET TO A REBAR AND CAP, L.B. N0. 26950; THENCE NORTH 66°06'08° BAST 98.09 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE NORTH 85605143" EAST 110.30 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO 1111K I4: rJu 110.1W1.101114illinifr 11111 Reception#: 808311 09/20/2011 02:12:68 PM Jean R16erico 4 of 8 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO ®1111'jP�41�4C,IWIL1l4LIih1�i9Lt,i4,'4�9C�hhd, IN�411111 Reception#: 808311 09/20/2011 02:12:56 PM Jean Rlberloo 6 of 8 Reo Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss EXHIBIT C At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on Monday, the 1 lth day of September, 2006, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006- A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A RESORT FOR TODD, KRISTINE, MIKE AND RUTH LEAHY WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Todd, Kristine, Mike and Ruth Leahy for a Special Use Permit for a Resort on property located adjacent to Ski Sunlight off of Forest Service Road 300 and legally described on Exhibit A and described in the Site Plan attached as Exhibit B; and WHEREAS, the subject property is located in the Agricultural/ResidentiaURuial Density zone district which contemplates a Resort as a Special Use within that district; WHEREAS, the Board held a public hearing on the 11`" day of September, 2006, upon the question of whether the above-described Special Use Permit for a Resort 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 1IIIecNf�iN�4#k't%.tI1tS�IIII 09/20/2011 02:12:56 PM Jean RlberlOO 7 o/ 6 Reo Fee:50.00 Doo Fee:0.00 GRRFIELD 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 for a Resort be and hereby is approved at the site identified in the application, upon the following specific conditions: 1) All representations of the applicant shall be considered conditions of approval, unless changed by the Board of County Commissioners at the hearing. 2) The maximum number of guests staying at the resort shall be 35. Any occupancy greater than 35 shall require a new land use permit. 3) Any lighting installed at the resort shall be directed downward and inward. 4) All construction shall comply with the 2003 IBC for all building construction. 5) Prior to the issuance of the Special Use Permit, the applicant will submit a revised well permit from the State Division of Water Resources for the uses proposed in the resort. Dated this day of , A.D. 2006. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Larry McCown Tresi Houpt , Aye , Aye , Absent 2 1111 p raP5111Y i I.11M lid I0X1144141 M 11 III Reeeption0: 808311 09120/2011 02:12:56 PM Jean Plberioo 8 of 8 Reo Fee:$0.00 Dao Fee:0.00 GRRFIELO COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I , County Clerk andex-officio Clerk of the Board of County Commissioners inand 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. 2006 County Clerk and ex -officio Clerk of the Board of County Commissioners Garfield County Clerk & Recorder 3