HomeMy WebLinkAboutResolution 99-097•
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STATE OF COLORADO )
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County of Garfield )
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At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in GIenwood
Springs on , Monday , the 7n day of sept _ A.D. 19 44 , there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 9 9-09 7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR TWO (2) ACCESSORY DWELLING UNITS, ONE (I) PER LOT, FOR
THE M.F. WILENTA, INC., SUBMISSION.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received an application from M.F. Wilenta. Inc.. for a special use permit to allow for approval
of two (21 accessory dwelling units, one f 1) to be located on each lot; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a
public hearing on the 14th day of June, 1999, upon the question of whether the above described
accessory dwelling units 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
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the
basis of substantial competent evidence produced at the aforementioned hearing, has made the
following determination of fact as listed below:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners;
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2. That the hearing before the Board of County Commissioners was extensive and
complete, that alt pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting,
3. That the application is in conformance with the Garfield County Zoning
Resolution of 1978, as amended;
4. That for the above stated and other reasons, the proposed special use permit is in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
And, WHEREAS, the Board of County Commissioners has made the following determination of
findings listed below:
I. The Applicant's submission was filed with the Planning Department of Garfield
County on the 12th day of May, 1999, and referred to the Board of County
Commissioners;
2. The Board of County Commissioners established a date for a public hearing on
the application for the special use permit and the vesting development rights per
24-68-103, C.RS., as amended, which commenced on the 14th day of 3une,1999,
at 2:00 p.m.;
3. Pursuant to evidence produced at the public hearing on this application, the Board
of County Commissioners finds:
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a. that the property owners adjacent to the property that is the subject of this
application received notification of the date, time, and location of the
above -referenced public hearing by certified mail, sent at least fifteen (15)
days prior to the commencement of the hearing;
b. that notification of the public hearing was published in a newspaper of
general circulation at least thirty (30) days prior to the commencement of
the hearing
c. that the substance of the mailed and published notification substantially
informed interested parties of the subject matter and the location of the
requested modification to the existing zoning;
d. that the Board of County Commissioners has jurisdiction to conduct the
public hearing on the application and render a decision thereon; and
e. that the requested accessory dwelling units do not affect in a substantially
adverse manner either the enjoyment of land abutting upon or across a
street from the property that is the subject of this application, or the public
interest, and is not granted solely to confer special benefit upon any
person.
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4. The hearing before the Board of County Commissioners was extensive and
complete; all pertinent facts, matters, and issues were submitted; and all
interested parties were heard at the hearing.
5. Pursuant to 3.02 of the Garfield County Zoning Resolution of 1978, as amended,
the Board of County Commissioners herein find that, subject to strict compliance
with the conditions set forth herein, the special use permit will meet the standards
and requirements of 5.03, et sew. of that Zoning Resolution.
6. The special use permit, subject to the conditions set forth herein, will be designed
with the consideration of the natural environment of the site and the surrounding
area, and will not unreasonably destroy or displace wildlife, natural vegetation, or
unique features of the site.
7. The Board of County Commissioners find that no portion of the special use
permit conditionally approved herein may be occupied until all appropriate
building inspections have been approved by the Building Department.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the M.F. Wilenta, Inc., Accessory Dwelling Units are hereby approved
subject to compliance with all of the following specific conditions:
A. All representations of the applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered
conditions of approval.
B. All items indicated in the staff report, recommended by the Board of County
Commissioners, and included by the Board of County Commissioners at the
public hearing as itemized below:
1. That the applicant shall comply with the Zoning Resolution of 1978.
2. That all State and Local health standards be complied with. The
applicant shall acquire adequate ISDS permits at the time of issuance of
building permits.
3. The applicant must complete and record a boundary line adjustment
affidavit between Lots 2 and 3, as shown on the plan. A special use
permit for the accessory dwelling unit on Lot 3 may be granted only after
the boundary line adjustment, as indicated on the site plan, is completed
and recorded in the Garfield County Clerk and Recorder's office.
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4. A copy of a recorded access easement shall be submitted to the
Planning Department prior to issuance of a special use permit in order to
ensure legal access to Lots 1 and 3.
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5. Prior to issuance of the special use permit the applicant shall provide to
the planning department the following:
a. an adequate water sharing agreement for review and approval; the
agreement shall contain a provision that no more than one (1)
dwelling unit will be allowed on the 35 acre tract on a portion of the
SE1/4, SE1/4, Section 20, Township 7 South, Range 87 W. of the 6th
P.M. (also known as parcel # 2391-204-00-180) unless another
adequate legal source of water is provided.
b. recorded easements for well maintenance which guarantee access
to the wells
c. proof that the ownership of well permit # 215185 has been
transferred from Wilson Harriman to M.F. Wilenta,
Inc./Eugene Chiarelli (President)
6. One (1) dog will be allowed for each residential unit and the dog shall
be required to be confined within the owner's property boundaries with
enforcement provisions allowing for the removal of a dog from the area as
a final remedy in worst cases.
7. No open hearth solid -fuel fireplaces will be allowed. One (1) new solid -
fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit.
All dwelling units will be allowed an unrestricted number of natural gas
burning stoves and appliances.
8. All exterior lighting be the minimum amount necessary and that all
exterior lighting be directed inward, towards the interior of the property,
except that provisions may be made to allow for safety lighting that goes
beyond the property boundaries.
9. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the actrvrties,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural
character and a healthy ranching sector. Those with an urban sensitivity may
perceive such activities, sights, sounds and smells only as inconvenience,
eyesore, noise and odor. However, State law and County policy provide that
ranching, farming or other agricultural activities and operations within
Garfield County shall not be considered to be nuisances so long as operated
in conformance with the law and in a non -negligent manner. Therefore, all
must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and
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disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, any one or more of
which may naturally occur as a part of a legal and non -negligent agricultural
operations.
Dated this 20 day of September , A.D. 199
ATTEST:
Jerk of the Board 4--
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COLORADO
Upon motion du>'y made and seconded the foregoing R
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
solutio
COMNIISSIONER WALTER STOWE
by the
, Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
, 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
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