HomeMy WebLinkAbout3.0 Resolution 2004-68STATE OF COLORADO
County of Garfield
}
)ss
1111111 11111 1111111 111 1111111 111111111111 1111111111111
658361 08/20/2004 11:33P B1615 P520 M ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs
on, Monday, the 12'h day of April, 2004 A. D., there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION No. 2 0 0 4- 6 8
A RESOLUTION CONCERNED WITH THE DENIAL OF AN EXEMPTION FROM
THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A PROPERTY
KNOWN AS BLACK DIAMOND MINE RANCH, LOCATED AT 0648 COUNTY ROAD
126, GARFIELD COUNTY, OWNED BY MAHAN PROPERTIES
Parcel ID: 2395-091-00-019
WHEREAS, Mahan Properties petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided
land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of
Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of
an approximately 20.72 -acre tract into 2 (two) lots: Lot 1 having 5.66 acres and Lot 2 having 15.06
acres; and
WHEREAS, the property is legally described as being located in the W '/ of the SW '/ of
the NE '/ of Section 9, Township 7 South, Range 89 West of the 6th PM, County of Garfield, State
of Colorado and located within the Agricultural/ Residential / Rural Density (ARRD) zone district
and in Study Area 1 of the Comprehensive Plan of 2000 in an area designated as "Low Density
Residential"; and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of
April, 2004 upon the question of whether the above-described request for an Exemption from the
Definition of Subdivision 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
11111 1111111 111 11111 11111111111 11111 11111111
658361 08/20/2004 11:33A B1615 P521 M ALSDORF
'2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
Exemption from the Definition of Subdivision; and
WHEREAS, the Board of County Commissioners closed the public hearing on the 12th day
of April, 2004 to make a final decision; and
WHEREAS, the Petitioner has not demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division falls within the purposes of
Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended; 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 facts:
1. Proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2. 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
that meeting.
3. The parcel to be divided by exemption is split by aright -of -way but that right-of-way does
not prevent joint use of the property.
4. The above stated and other reasons, the proposed Exemption from the Definition of
Subdivision is not 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 based upon the findings of fact set above, the
division of the above described property is hereby denied due to the fact that the proposed split by a
public right-of-way does not prevent joint use of the proposed tracts.
Dated this 1 7th day of Aug . , 2004
ATTEST':'2'1:
•
• 1.
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, DO
Upon emotion duly made and seconded the foregoi the
following vote:
1 111111 11111 1111111 111 11E111 11111 11111 111 11111 1111 IIII
658361 08/20/2004 11:33A B1615 P522 M ALSDORF
3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Nay
, Nay
I, , County Clerk and ex -officio Clerk of the Board of
Counfy 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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
3