The URL can be used to link to this page

Home My WebLink About4.0 Resolution 2009-18I lll lr,fl t 11 rlui,lFll url,il $,Hrlil#l titiu,h h{ti ll{"t Il ll I {"1"',"'?:$ff illffi 8""' r 3!' B l 86' iEH,, ELD couNr y co I srATE OF COLORADO ) )ss County of Garfield ) At a regular meeting ofthe Board of County Comrnissioners for Garfield County, Colorado, held inthe CommissionersiMeeting Room, Cufreta County PlazaBuilding, inGlenwood Springs on, Monday, the 2nd day of March, A.D. 2009, there were present: John Mnrtin Commissioner Chairman Commissioner Commissioner Mike Samson Tresi Hount Deb rtnn Assistant CountY AttomeY Clerk of the Board County Manager when the following proceedings, arnong others were had and done, to-wit: RESOLUTTQN Ns.2009-18 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION X'ROM TIIE DEI|IIYITION OF SUBDTVISION IN TIIE GARFIELD COI.INTY ST'BI}INSION REGTJLATIONS ['OR A PROPERY OWNED BV AARON DALER AND KRISTINA SWAIISON LOCATED IN TIm EAST l/2 OF THE SOUTffiAST 1/4 OF SECTION 3' TOWNSTTIP 5 SOUTH, RANGE 92 WEST OX'Tm' 56 PM Parcel ID Number: 2127-034'00-135 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for An Exemption from SuMivision Regulation to allow for the ueation of one parcels of I 8.009-acres. B. The 18.009-acre parcel is located in Section 3, Township 5 Souttr, Range 92 West of the 6fr p.M. and finther described as being approximately five miles north of the City of Rifle. C. The subject property is contained within the Agicultural Residential Rural Density (A/R/RD) zone district andsucl Exemption parcels will comply with the zone district standards. D. The Board is authorized to approve, deny or approve with conditions an Exemption &om the Definition of Su6ivision pursuant to Section 8:00 of the Zoning Resolution of 1978, as amended. b I I ,\ I lll tr'irr Il1 rlUl,Hr L il'l l, HIt l#I:l# ilri U l{r.l J'1, ll{' t I I ll I ReceptionH i 765029 ort?qi12009 11 56:13 AM Jean Alberico2-oi 5 R.. Fee:$@.0o Ooc Fea:@.o0 GPRFIELD C0UNTY C0 E. Tbe Board of County Commissioners opened apublic hearing on th: 2* duy of March' 2009 upon the question of whether the abovedescriu"a f*"-ption application should be granted or denied, during which hearing the pubLic and interested persons were given the opportunity to exPress their opinions regarding the amendment. F. The Board of County Commissioners closed the public hearing on the 2"0 duy of Marctu 2009 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: l. proper po$ing and public notice were pmvided 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 alt interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed Exemption has been determined to be in the best interest of the healttU safety, morals, convenience, onder' prosperity and welfare of the citizens of Garfield County' 4. The applicationhas met the requirements ofExemption from SuMivision(Section 8:00) of the Garfield county Zoning Resolution of 1978, as amended. RESOLUTION NOW TImREFORE, BE rT RESOLVED by the Board of county commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Subdivision Exernption of the 18.009-acre parcel owned by Aaron Daler and Kristina Swanson requesting allowance to create one parcel on County Road226five-(5) miles north of the city of RiIli carfreta county, is hereby approved subject to compliance with the following conditions: l. That all representations rnade by the Applicant in a public hearing b"fuT the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed bY ttre Board. Z. The Applicant shall include the following text as plat notes on the final exemption plat: -2- llll Ht lltrhUi,lll ll l{'t'llllrlt fi l*1," tr\rd HI', l*L lli "i ll ll I Receotionfl'. 765029 zi !:i**zz ll"?3o I 3.oB'"';::, B' ffi ' aEEF r ELD couNry co a. control of noxious weeds is the responsibility of the property owner. b. No open hearth sotid-fuelfireplaces witl be allowed anywhere within an exemption' one-(l)newsolid-fuitburntigstoveasdefinedbyc.R.s.25-7-401,et's€Q',andthe regulations promulgated thele under, nitl bt allowed in any dwelling unit. All dweying wits wilt ie allowed an unrestricted number of natural gas burning stoves and aPPliances. c. All erterior ltghting shatl be the minimum omount necessary andthat all exterior tighting be dtiectei inward and downward, towards the interior of the subdivision, eiceptlhat prottsions mry be made to allow for safety lighting that Soes beyond the property boundaries. d. Colorado is a "Right-to-Farm" State pursuant to C.R.S' 35-i-101, et seq' Landowners, resideis and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agriculnral operations as a normal and necessary aspect o|inin[ in a County with a strong rural cltaracter and a healthy ranching seitor. ihrr" iith o, urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, Stale law and County poliq provide that ranehingfoming or other agrictltwal activities and operations within GarJietd County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent mannen Thirefori, all must be prepared to encounter noises, odor,lights, mud, dwt, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure,'and ihe application by spraying or otherwise of chemical feitilizers,- soil amendments, herbicides, and pesticides, any one or more of which may naturslly occur as a part of a legal and non-negligent agttcultural operations. e. All owners of tan4 whether ranch or residence, have obligations under State law and County-regulations with regard to the maintenance of fences and irrigation ditches, cintroilingweeds, kceping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property, Residents and landowners are encouiaged to learn about these rights and resporuibilities and act as good netghbors and citizens of the County. A good introductory sourcefor such-information is "A Guide to Rural Living & Small Scale Agriculturi', put oui by the Cilorado State University Extension Ofice in Garfield 'CountY. f. Addresses are to be posted where the drivewoy intersects the County road. If a shared driveway X ised, the adhess for each home should be posted to clearly identrfl each aildress. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with backgrotmd color' -)- Illl liflr tllr]U,\Hl[ lth I{h H lE I'll':l+ h: ttfrltll l{l"l Il ll I Receotionfr i -165029 ostzdtzoog I1:56:13 Al'1 Jean Plberico4-;f-3-R;; ree,$O.OO Doc Fee,0.@0 GARFIELD CoUNTY C0 g. Driveways should be constutcted to accommodate the weights and ntning radius of emergenq apryratus in adverse weather condition' h. Combustibte materials should be thinnedfrom around structures so as to provide a defensibte space in the event of awild landfire' 3. The Applicant shall be required, if deemed necessary, to obtain a driveway access permit from the Road and Briclge Deparhent for access as it connects to CR 226' 4. The Applicant obtains a well permit through the State of Colorado, Division of Water Resources, for a legal source of water supply' Dated a* lb& day of 1Y\at^)t-A.D.20 01 ATTEST:GARFTELD COT-INTY BOARD OF COMMIS SIONERS, GARFIELD COUNTY, ,?ZC-\- lrY1 of the Board Upon motion duly made and seconded the following vote: by the MIKE Aye Aye Aye 4 was Illl l{i'l [ $ rlrf]!fl ! I{lh [|lL I ilH I*!l lilft :llth til il lil t ll ll I [z','l:d{f i:rJffi B."'Ft!, I 1 83' iEF,, ELD couNT y co STATEOFCOLORADO ) )ss County of Garfield ) at Glenwood SPrings, this _- daY of A.D.2o_. County Clerk and ex-officio Clerk of the Board of County Commissioners r . County Clerk and ex-officio Clerk of the Board of Co*ty a a State Bforesaid, do hereby certif,thatthe annexed ana foregoing Resolution is tuly copied from the Records ofthe Proceeding of the Board of County Commisiioners for said Garfield County, now in my office' IN WTINESS WHEREOF, I have hereunto set my hand and affrxed the seal of said County, 5