HomeMy WebLinkAbout3.0 Resolution 1-20021 111111 11111 111111 111 11111 III ' III BE It 1111
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RESOLUTION NO. 1
Series of 2002
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
DENYING A 8 FOOT SIDE YARD SETBACK VARIANCE RELATING TO PROPERTY IN
GARFIELD COUNTY WITH A STREET ADDRESS OF 1847 COUNTY ROAD 129 AND A
LEGAL DESCRIPTION OF LOT 3, WEAVER EXEMPTION; SECTION 32, T5S., R88W. OF
THE 6Th P.M. GARFIELD COUNTY, CO.
WHEREAS, Melinda Friedman made an application, dated April 18, 2002, for an 8 foot
variance from the side yard setback dimensional requirement of Section 3.03.06(3) of the Garfield
County Zoning Resolution of 1978; and
WHEREAS, the subject property affected by the variance request is practically described as
1847 County Road 129 and legally described as Lot 3, Weaver Exemption; Section 32, T5S.,
R88W. of the 6th P.M. Garfield County, Colorado; 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
July 22, 2002, upon the question of whether the proposed 8 foot variance from the side yard
setback dimensional requirement of Section 3.03.06(3) of the Garfield County Zoning Resolution
of 1978 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 denied the requested 8 foot variance to the
side yard setback by a vote of two to two (2 — 2).
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 on April 18, 2002 by: Melinda Friedman for
property practically described as 1847 County Road 129 and legally described as Lot 3,
Weaver Exemption; Section 32, T5S., R88W. of the 6" P.M. Garfield County, Colorado.
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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.
Evidence of such notice is on file with the County Clerk.
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 setback variance has been
determined not 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 not constitute the minimum necessary to alleviate such practical
difficulties or undue hardship upon the owner of said property;
6. That such relief may not 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 caused by the applicant, were
not due to or the result of general conditions in the district, and can be practically corrected;
and
8. That the concurring vote of four (4) members of the Board was necessary to decide in favor
of the appellant.
Section 2. Request for Variance Denied.
The Board of Adjustment does hereby deny the applicant the following variance from the terms of
Section 3.03.06(3) of the Garfield County Zoning Resolution of 1978:
An 8 foot variance request from the side yard setback in order to build a separate 1,300 square
foot structure containing a sun room, music room, and a hobby room connected to the main
house by a covered passage way for a property practically described as 1847 County Road 129
and legally described as Lot 3, Weaver Exemption; Section 32, T5S., R88W. of the 66 P.M.
Garfield County, Colorado
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the 22nd day of July, 2002.
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Chairperson
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 day hereinabove stated.
Secretary to the Board .Q djustment
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