HomeMy WebLinkAbout3.0 Resolution 2008-02fitetaile- 0)(:(0") - o ')(/— rei
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1111 ri.10110110E.M .IVIVIC IK 11111
Reception#: 753123
07/28/2008 12:39:26 PM Jean Alberico
1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. /3o4 ' AO ().-
Series
-Series of 2008
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A FRONT YARD SETBACK VARIANCE FOR A PROPERTY LOCATED AT
0078 WILLOW CREEK, PARACHUTE, COLORADO AND LEGALLY DESCRIBED IN
ATTACHMENT A.
WHEREAS, Stephen and Kelly Cyphers made an application to the Board of Adjustment
(the "Board") requesting the Board grant a variance from Battlement Mesa Planned Unit
Development front yard setback Requirements for a home constructed six (6) inches into the
identified front yard setbacks;
WHEREAS, Stephen and Kelly Cyphers are the owners of real property practically located
at 0078 Willow Creek Road and located Battlement Mesa PUD; and
WHEREAS, Stephen and Kelly Cyphers specifically request the Board grant a variance
from identified Battlement Mesa front yard setback requirements; and
WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado,
for which the Board of County Commissioners is authorized to act; and
WHEREAS, pursuant to law, the Board of County Commissioners of Garfield County
has appointed the Garfield County Board of Adjustment; and
WHEREAS, the Garfield County Board of Adjustment conducted a public hearing on
February 25th, 2008, upon the question of whether the requested variances should be approved,
denied, or whether any action should be taken on this matter; and
WHEREAS, after full deliberations and consideration of the evidence and testimony
presented, the Garfield County Board of Adjustment approved the requested variance by a vote of
four to zero (4 — 0).
1111 nicer r'ixi P1R,Ni1i,twht,'A led RNA 11111
Reception#: 753123
07/28/2008 12:39:26 PM Jean Rlberioo
2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. The request for this variance was initiated by Stephen and Kelly Cyphers, requesting the
Board grant a variance from Battlement Mesa Planned Unit Development front yard
setbacks.
2.. Proper notice of the proposed variance has been provided to surrounding property owners in
accordance with Section 9.05.04 of the Garfield County Zoning Resolution of 1978, as
amended.
3. That the meeting before the Board of Adjustment was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard
at that meeting.
4. That for the above stated and other reasons, the proposed variance was determined to be in
the best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
5. That the variance does constitute the minimum necessary to alleviate such practical
difficulties or undue hardship upon the owner of said property;
6. That such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the General Plan or this
Resolution;
7. That the circumstances found to constitute a hardship were not caused by the applicant,
were not due to or the result of general conditions in the district, and cannot be practically
corrected;
8. That the property does not contain exceptional topographic conditions and does contain
other extraordinary and exceptional situations or conditions.
9. That the concurring vote of four (4) members of the Board was necessary to decide in
against the appellant
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1111KERIMI}IN iiiikhilil4'rth' 4Ii 11111
Reception#: 753123
07/28/2009 12:39:26 PM Jean Piberico
3 of 4 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
Section 2. Request for Variance Approved.
The Board of Adjustment does hereby approve a variance from Battlement Mesa Planned Unit
Development front yard setback requirements;
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the 21st day of July, 2008.
I, the undersigned duly appointed and acting Secretary to the Board of Adjustment
do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of
Adjustment of Garfield County, Colorado, at a meeting held on the clay hereinabove stated.
Secretary to the of Adjustment
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1111 Fur nurvvocitiliVihilifritiM14kirkiiiPi 11 iii
Recept lon#: 753123
07/28/2008 12:39:26 PM Jean Alberico
4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO
ATTACHMENT A
Lot 10, Block 7, Willow Creek Village, Section One According to the amended plat therof recorded
April 24, 2006 as Reception No. 696467, County of Garfield, State of Colorado
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