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HomeMy WebLinkAbout5.0 Resolution 86-140STATE OF COLORADO Bor.)Y 700 p.5E54b ) Recorded at _a',a o'clock m. DEC 0 9 )ss County - of Garfield ) Reception No. 3 iiiiiLD F E'D RED ALSDO , RECORDER GARFIELD COUN ccs: O cry At a regular meeting of the Boar o Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 8th day of December A.D. 19_86 , there were present: when Larry Schmueser Robert Richardson Fiaven J. Cerise Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board County Administrator the following proceedings, among others were had and done, RESOLUTION NO. 86-140 o -wit: A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMLT APPLICATION BY JIM SIMMONS, WHEREAS, the Board .of County Commissioners of •Garfield County, Coloado, has received application from Jim Simmons for a Special Use permit for a resort on the following described tract of land: See Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing.on the 3rd and 17th days of November, 1986, upon the question of whether the above-described Special Use permit 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 Special Use permit, and WHEREAS, the Board on the- basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1.. That proper publication and public notice was provided as required by law for the. hearing before the Board of County. Commissioners. 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 hearing. 3. For the above stated and other reasons, the proposed use is 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 by the Board of County Commissioners of Garfield County, Colorado that the Special Use- permit be hereby authorized permitting the use of the above described tract of -land for resort upon -the following specific conditions.: 1. All representations of the applicant, either within the application, or stated before the Board of County. Commissioners, shall be considered conditions of approval unless stated otherwise by the Board. B[16) no€548 2. ,That the proposed fitness .ranch -resort shall be limited to the proposed 12 guest capacity, 3. That the applicants notify the Town of Carbondale prior to any remodeling or expansion of existing facilities to enable recalculation of water demands and tap.fees. Further, that the Town of Carbondale be granted access to the premises in order to monitor the use of water and water fixtures. 4. That any expansion or replacement of the individual sewage disposal system on the site shall be designed by a professional engineer. 5 That the applicant provide and pay for a separate meter for the water usage of the resort and that the water be subject to commercial water rates:as established by the Town of Carbondale 6. That the use and cost of the water supply to the Perry family not be adversely affected ;n any way as a result of the resort, 7. That the access road to the applicant's property be relocated at the expense of the applicant and must be completed within a 12 : month period from the date of permit issuance, subject to the agreement between the applicarit and the, adjacent landowner, Perrys, and no rights to the present access road .within this 12 month period will be prejudiced on behalf of anyone, and that:the abandonment by the applicant of the present access road located in front of the Perry residence be included in the agreement. 8. That the applicant is on notice that he nor any of his guests have any rights to. any use of any part of the Perry property, which includes the tennis court, except upon specific permission from the Perrys. .9. The applicant shall have 120 days from the date of the Resolution of Approval to meet all conditions set forth in the Resolution. The Special Use permit shall be issued when all conditions are rnet and shall expire 180 days after issuance unless construction or use has commenced. Dated this 8th day of December , A.D. 1960 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Clerk of the Board C?S`a'i r rrap-e' Upon motion duly made..ard seconded -the foregoing Resolution was adopted by the following vote: Larry Schmueser Aye Robert Richardson Aye Flaven J. Cerise Aye STATE OF COLORADO ) 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 Proceedings 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 of the Board of County Commissioners. County Clerk and ex -officio Clerk Boox P E54 EXHIBIT A Legal Description -A Tract of %rte /coated in Lot 2 of Section 10, Tocroship 8 South Range: 88 Wt of the 6th P.M. , described -as f;111cws: Beginning at a Feint from which the north quarter corner of Sec- tion 10, st rnship 8 South, Range 88 vast of the 6th P.M. bears N. 49 05' W. 599.7 feet; thence S. 78 13' E. 736 feet, more or less to ' the center of the Crystal River; thence- Southerly along center of Crystal River 772 feet more or less, to a point; thence S. 80 49' W. 697 feet, more or -less; thence N. 4 17' E. 1024.22 feet, to the place ,of winning. COUNTY OFC 1 RFI ET D • STATE 6F COLORADO.