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HomeMy WebLinkAbout3.0 CorrespondenceMEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: MARK BEAN DATE JULY 30, 1997 RE: KATHY D. WEISS SPECIAL USE PERMIT Attached to this memo is a copy of Resolution No. 96-81, approving a Special Use permit for an Agriculture -related Business for Kathy Weiss. Condition No. 5 states that a public meeting will be held on August 4, 1997 to review the applicant's compliance with the performance standards. As of the date of this memo, plans for the building had been submitted to the Building Section for the tack shop and employee apartment. Due to the general nature of the plans, the Building Section has asked for additional information stamped by the applicant's engineer. The stamped plans have not been submitted yet. Technically, the applicant has met the literal language of Condition No. 2, that requires the submittal of " plans and specifications for a building permit for the tack shop and apartment". A statement from David Powell, P.E., certified that the ISDS for the barn and associated living unit. The statement certifies the system to be sized properly for up to three bedrooms. This complies with Condition No. 3. In a verbal conversation with Dwight Whitehead, Division of Water Resources, he indicated that the final adjudication of the water rights for the wells used in association with the Special Use permit has not been approved by the Court at this time. It has been challenged by on e of the neighbors. Technically, Condition No. 4 has not been met, but the appropriate paperwork has been submitted to the courts for approval. There does not appear to be any reason to set a hearing to revoke the permit. It would be appropriate to set another date to continue this issue, to determine that the plans for the tack shop and employee apartment have been approved and the court approves the water supply for the structure. 502201 B-1002 P-909 12/11/1996 12:29P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STALE 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 9th day of December A.D. 1996 , there were present: Marian Smith Elmer (Buckeye Arbanev Arnold Macklev Don DeFord Mildred ALsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-81 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR KATHY D. WEISS. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Kathy D. Weiss concerned for a Special Use Permit to allow for Agriculture -related Business, specifically for a retail tack store: WHEREAS, the Board held a public hearing on the 2nd day of December 1996, 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 substantiai 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. 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. ow Go? 41' _r 502201 B-1002 P-910 12/1,,y1996 12:29P PG 2 OF 4 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 be and hereby is approved to allow for a Agriculture -related business, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. Plans and specifications for a building permit for the tack shop and apartment will be submitted to the Building Department within 90 days of the approval of this resolution and any modifications necessary will be completed by the periodic review on August 4, 1997. 3. The applicant will obtain an ISDS permit for the system serving the proposed Special Use permit and the size and adequacy of the system be certified by a professional engineer within 90 days of the approval of this resolution and any modifications necessary will be completed by the periodic review on August 4, 1997. That the applicant obtain a legal water supply that specifically allows for the Special Use permit. 5. That on August 4, 1997, the Board of County Commissioners will review the applicant's compliance with the performance standards stated in this resolution in a public meeting. If after the public meeting, the Board determines that the applicant has not met the performance standards, the Board will set a public hearing date to consider revocation of the Special Use permit. 6. The business will be open from 10:00 a. in. to 5:00 p. m., Tuesday thru Saturday. 7. The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners" ( Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade. 8. Control of noxious weeds is the responsibility of the owner of the property. 502201 B-1002 P-911 12/1.996 12:29P PG 3 OF 4 Dated this 10th day of December , A.D. 19 96 . AT LEST: Clerk of the'Board • GARFIELD COUNTY BOARD OF, COMMISSIONERS, GARFIELD COUNTY; COLORADO Chairman )4-it,taL- Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIRMAN MARIAN I. SMITH ,Aye COMMISSIONER ARNOLD L. MACKLEY ,Aye COMMISSIONER ELMER (BUCKEY) ARBANEY ,Aye STALE 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. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners