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STATE OF COLORADO )
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County of Oarfield )
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 I't day of October 2018, there were present:
John . Commissione¡ Chairman
Commissioner
Commissioner
Assistant County Attorney
Clerk of the Board
County Attomey, County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO,&ðt(-s3
A RESOLUTICIN CONCERNED WITH THE DENIAL OF A SUBSTANTIAL
MODIFICATION OF A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING
UNIT, ON pROpERTy OWNED By FLAT TOPS GATEWAY LLC, LOCATED AT 3410
couNTy ROAD 151, AppRo)ilMATgLY 12.5 MILES NORTHWEST OF GYPSUM IN
SECTION 21, TOWÑSHIP 3 SOUTH, RANGE 87 \ryEST OF THE 6rr¡ P.M., GARJIELD
COUNTY
PARCEL NO. I 863-2 I 4-04-l I 7
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board)
received a request for a Substantial Modifîcation to a Special Use Permit for an ADU approved on
January 3td,2b09 under Resolution No. 2û09-03. The request was to modif the permit to allow
for year-round use of the AÐU. The request was submitted by Chris Lindley of Flat Tops Gateway
LLC.
B. The ADU is located on approximately 35.23 acres of land owned by Flat Tops
Gateway LLC. The ownership and legal description of this property is described in a deed found
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at Reception Number 9A6286 in the records of the Garfield County Clerk and Recorder (the
'oPropertyo').
C. The Property is loeated within unincorporated Garfield County in the Rural Zone
District, approximately L2.5 miles northwest of Gypsum, Colorado, located off of County Road
l5l, u/ith an address of 3410 County Road 151.
D. The change of conditions of approval within the existing Special Use Permits was
deemed a Substantial Modification by the Direotor of Community Development to be heard before
the Board of County Commissioners.
E. The Board of County Commissioners is authorized to approve or deny the
Substantial Modification pursuant to the Garfield County Land Use and Development Code, as
amended. If denied, the original approval is still valid.
F. The Board of County Commissioners opened a public hearing on October l, 2018,
for consideration of whether the proposed Substautial Modification shsuld be grauted or deuied,
during which hearing the public and interested persons were given the opportunity to express their
opinions regarding the request.
H. Thc Board of County Commissioners closed the public hcaring on the ltt day of
October 20i8 to make a final decision.
I. The Board of County Commissioners, on fhe basis of substantial competent evidence
produced at thc aforementioned hearing, has made the following determinations of fact:
L That 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, that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. That for the above stated and other reasons the proposed modification to
representations within the Special Use Permit Application is not in the best interest of the
health, safety, convenience, order, prosperity and welfare ofthe oitizens ofGarfield County
in that the application failed to demonstrate compliance with the Land Use and
DevelopmentCode, as amended, includingbutnotlimitedto Section 7-103, Compatibility.
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RESOLUTION
NOIV THEREFORE, BD IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that based on the determination of facts set forth above, the Substantial
Modification, SUAA-07-18-8655, to allow for year-round use of the Property is hereby denied.
Dated this lS{s day of0ctober2018.
ATTEST:GARFIELD COIJNTY BOARD OF
GARFIELD
ofthe Board
Upon motion dulY made and seconded
following voæ:
by the
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STATE OF COLORADO
County of Garfield
I, , County Clerk and ex-officio Clerk of the Board ofCounty ff and State aforesaid, do hereby certifr that the
annexed and foregoing Resolution is truly copied from the Records ofthe Proceeding of the Board
of County Commissioners for said Oarfìeld County, now in my office.
IN WITNESS Iü/HEREOF, I have hereunto set my hand and afüxed 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
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