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Home My WebLink About4.0 Resolution 99-097• • 1111111 11111 111111 111111 1111 11111 111111111 1111111111111 552494 09/21/1999 02:44P 81151 P591 M ALSDORF 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE 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 20 day of sept _ A.D. 19 99 , there were present: John Martin Lam McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , 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. 9 9- 0 9 7 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR TWO (2) ACCESSORY DWELLING UNITS, ONE (1) 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 (2) accessory dwelling units, one (1) to be located on each lot; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, held a public hearing on the 14`s 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; Page 1 of 5 11111 1 111111 11111 111111 111111 1111 11111 111111 111 11111 1111 1111 552494 09/21/1999 02:44P 51151 P592 M ALSDORF 2 of 5 R 0.00 0 0.00 GARFIELD COUNTY CO 2. 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 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: 1. 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.R.S., as amended, which commenced on the 14th day of June,1999, at 2:00 p.m.; 3. Pursuant to evidence produced at the public hearing on this application, the Board of County Commissioners finds: 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. Page 2 of 5 i 1 111111 11111 111111 111111 1111 11111 111111 111 11111 1111 1111 552494 09/21/1999 02:44P B1151 P593 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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: Page 3 of 5 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. i 111111 11111 111111 111111 1111 11111 111111 111 Hill 1111 1111 552494 09/21/1999 02:44P B1151 P594 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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. Page 4 of 5 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 SE 1/4, SE 1/4, 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 activities, 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 • • 1111111 11111 111111 111111 1111 1111 111111111 1111111111111 552494 09/21/1999 02:44P 01151 PS F 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 19 99 . ATTEST: 12:21 lerk of the Board Upon motion dui? made and seconded the foregoing R following vote: • • COMMISSIONER CHAIR JOHN F. MARTIN irk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COLORADO solutio by the COMMISSIONER LARRY L. MCCOWN COMMISSIONER WALTER STOWE , Aye , Aye , Aye STATE 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 Page 5 of 5