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HomeMy WebLinkAboutResolution 2015-05, ··m WJ~ji::a~·~i MU Nil. r~:ll ltJll':JJ ~~'11¥1.k'A llYi, 11111 Reception#: 85848& 01/2112015 03 :45:22 pn Jean Alberico ELD ~~um~ CO 1 of 5 Reo Fee :S0.00 Doc Fe•:8.00 <;ARFJ ....., • STA TE 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 Administration Building in Glenwood Springs on Monday, the 12th day of January A.D. 2015, there were present: =Jo=hn=-:.;M=arti='n=-------------->' Commissioner Chairman ..... Mi='k=e:;..::S...,.arn=s=on=----------------"' Commissioner (Absent) .... To=m=--Jank==ov .... s=ky...._ __________ _,,, Commissioner _.Frank==-=H=ut=fl=es=s'---------------· County Attorney __ K __ el ... ly._C .... a __ v __ e ____________ _,,, Assistant County Attorney .... Jean ............ Al ..... b .... en __ · __ co ___________ _,. Clerk of the Board _Andr~~ew......_..G,....o,_rg..,.e_y ____________ • County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. rK1>15-b'5 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE AN ACCESSORY DWELLING UNIT (ADU), ON A 2.394 ACRE PROPERTY OWNED BY DWIGHT JUHL AND THOMAS MORTON, LOCATED SOUTH OF THE CITY OF GLENWOOD SPRINGS OFF COUNTY ROAD 117, KNOWN AS 1761 COUNTY ROAD 117 AND AS PARCEL 2 QF THE MORTON/JUHL MINOR SUBDIVISION PARCELN0#2185-272-32-002 Recitals A. The Board of County Conunissioners of Gameld County, Colorado, "Board 0 received a request for a cell-up hearing by the property owner, Dwight Juhl, to review the Directors Determination regarding an Administrative Review Land Use Change Pennit to allow an ADU, as further described in Exhibit A, Site Plan. B. James Funsten submitted an application for an ADU on his property to the Conununity Development Department that was Approved with Conditions by the Director on November 25, 2014. On December 1, 2014, Dwight Juhl submitted a letter requesting a Call-up to the Board of the Directors Determination. On December IS, 2014, the Board scheduled the public hearing to review the Directors Detennination for January 12, 2015. 1 • •Ill m·.rn .... n•1•11 •• 11 • ······-·-·· •• ·-• -----· Receptlon~: 858486 01/21/2RQtS FD3:45sA22ooP"o~c:iJeF•an··~l~arA~FlELD COUNTY co 2 or 5 eCI ee: v.. ~ • ' C. The subject property is located within unincorporated Garfield County in the Residential Suburban (RS) zone district, south of the City of Glenwood Springs accessed off County Road 117. D. ADU's may be pennitted in the Residential Suburban (RS) zone district with an Administrative Review Land Use Change Permit. The Directors Deteonination of Approval with Conditions was modified by the Board in a noticed public hearing on January 12, 2015. E. The Board is authorized to approve, deny or approve with conditions an Administrative Review Land Use Change Pcnnit that has been called up to the Board. The application then will result in issuance of a Land Use Change Permit pursu ant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 12th dayofianuary, 2015 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 121h day of January, 2015 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: I. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing b efore the Board of County Co mmissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. 3. That for the above stated and other reasons the proposed Land Use Change Pennit for the Juhl I Morton Accessory Dwelling Unit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general confonnance with the 2030 Comprehensive Plan, as amended. 5. That with the adopti on of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 •1J11Tl 1Jr.l11 11\t.llW'11 lll 1 ~ r •r• 11 AWftll l'l'T .. r•T • llW am •1111 RecepllonH: 858486 0112112015 03:45:22 Pn J!an A0 lb00•r!~Ft~•o C"'lt"" co 3 of 5 Rco Fee:$0.00 0oc ree : • ....., """ .,.,..., • RESOLUTION NOW THEREFORE, BE IT 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 Land Use Change Pennit for an Accessory Dwelling Unit, on a property located at 1761 County Road 117 and owned by Dwight Juhl and Thomas Morton, is hereby approved subject to compliance with the following conditions: Conditions Prior to Land Use Change Permit 1. Prior to issuance of the Land Use Change Pennit, the Applicant shall obtain a non·exempt well pennit for the well identified as Permit No. 280605-A . A copy of this re-pennit shall be provided to the Garfield County Community Development Department prior to issuance of the Land Use Change Pennit. Other Conditions of Approval 2. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 3. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701 of the Land Use and Development Code of2013, as amended. 4. The Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square feet. 5. The ADU shall be subject to all Garfield County Building Code Requirements. 6. At the time the ADU is replaced (new construction), the Applicant shall have the access reviewed by the Glenwood Springs Fire Department. Any improvements to the driveway to improve fire access shall be conducted at that time. · . 7. The Applicant will conduct ongoing weed management on their property (specifically Dalmatian toadflax and Common tansy) in accordance with Garfield County's Noxious Weed regulations. The Applicant is encouraged to utilize resources from the Garfield County Vegetation Managers Office to mitigate weed impac~. 3 . •m nrJPa lillP'U UNI lft"11\1J\IM~ llJ '"" r. r.' II~•· I\ ll'/lt •1111 Reception#: 858486 01/21/2016 03:45:22 P" Jean Rlberlco 4 or 5 Rec F•e:S0.00 Doo Fee:0.00 GARFIELD COUNTY CO Dated this do-& day of ~ , A.D . 20....:....:15°=---· ATTEST: BOARD OF GARFIELD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: =C-=O=MMl:::.=i=SS=l=O"'-'N=ER.......,C~H~A=IR=J~O=HN=--F~.~MAR===T=IN........_ ______ __,,Aye =C-=O=MMI~=SS=I=O=N=ER---.-MIKE---.-=SAM=-==S-=0-.-N __________ _.., (Absent) =C-=O=MM= ...... IS,...S=IO=N'-"E=R--..T..,_O=M=-"-'JANK'-=""'=o;:::-.v ..... s .... K""'"'Y'--________ _.. Aye STATEOFCOLORADO ) )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 affi xed the seal of said County, at Glenwood Springs, this __ day of A.D. 20 __ • County Clerk and ex-officio Clerk of the Board of County Conunissioners ------------------------------------ 4 , . Reception": D~o~oo 0112112015 03 :46:22 pn J~ Alberico 5 of S Reo Fee :SO .GIC Doc Fae:G .00 GARFtEU> COUNTY CO I .. \ .. EXHIBIT A SITE PLAN Primary . \~ "\ .. ~ ~ . \ { , •U·~_.i-~• ~··rp•:..----1.!::: 1(1.11· . I '\ s