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HomeMy WebLinkAbout4.0 Resolution 2007-118110 NIFIrgilV.P411,N1,141.14111ORICH1.1.10 1111111 Ill Reeepiionii: 737672 11/20/2007 12:56:22 PM Jean Alberico 1 of 3 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO 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 8th day of October A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt _, Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (Absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2 0 0 7 -118 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW DEVIATION FROM THE IDENTIFIED MAXIMUM HEIGHT REQUIREMENT WITHIN THE DRINKING WATER CONSTRAINT ZONE ON A PROPERTY OWNED BY UNION PACIFIC RAILROAD COMPANY, GARFIELD COUNTY PARCEL NO# 217523200141 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Union Pacific Railroad Company, submitted by lessee Unimin Corporation for a Special Use Permit ("SUP") to allow deviation from the identified maximum height requirement within the Drinking Water Constraint Zone on their property within the Resource Lands -Gentle Slopes and Lower Valley Floor Zone District; and WHEREAS, the Board held a public hearing on the 8th day of October, 2007 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 1111 Pi 1 11 Reception#: 737672 11(20/2007 12:56 22 PM Jean Flberico 2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting 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. For the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit to allow deviation from the identified maximum height requirement within the Drinking Water Constraint Zone on a property owned by Union Pacific Railroad Company is hereby approved subject to compliance with all of the following specific conditions: 1) That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2) The proposed silos and elevator shall not exceed 132 feet in height as represented in the application; te- Dated this 1 + — day of 00 em, A.D. 2007 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO Chairm 2 1111 El. ,1,4I,1141IVAN 11 ISI Reception#: 737672 11/20/2007 12:56:22 PM Jean Rlberico 3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , Aye , Aye , Aye STATE OF COLORADO ) )ss 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 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. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 3