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Home My WebLink About3.0 Resolution BOA 2007-091111 ~1·1. l\11.l1\"IMH ,~u~, ,l-w· · 1,\"l-l~~l•i' l,li:.~1 ~ 11111 Receptiont:I:: 734614 . 10/05/2007 09:09:14 RMD JeFan.~l~orG~~FIELD COUNTY co 1 of 4 Rec Fee:$0.00 oc ee .... RESOLUTION NO. &i4 ~DO '7 -('.) q Series of 2007 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY APPROVING A MAXIMUM LOT COVERAGE VARIANCE FOR A PROPERTY LOCATED AT 0097 LIONS RIDGE ROAD AND LEGALLY DESCRIBED IN ATTACHMENT A. WHEREAS, The Basalt Congregation of Jehovah's Witnesses made an application to the Board of Adjustment (the "Board") dated July 1, 2007 requesting the Board grant a variance from Section 3.02 "Agricultural I Residential I Rural Density (AIR/RD)" of the Garfield County Resolution of 1978, as amended for a property located in the "AIR/RD" Zone District; WHEREAS, The Basalt Congregation of Jehovah's Witnesses is the owner of real property practically located at 0097 Lions Ridge Road and located approximately 4.5 miles east of the Town of Carbondale, CO and which requires a maximum lot coverage of 15%, pursuant to Section 3.02.05 of Zoning Resolution of 1978, as amended; and WHEREAS, The Basalt Congregation of Jehovah's Witnesses specifically request the Board grant a variance from Section 3.02.05 of Zoning Resolution of 1978, as amended, for the property which would effectively increase the lot coverage from 15% to 63.4%; 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 September 24'h, 2007, 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 five to zero (5 -0). L 1111 ~~·1. ,,~~lr\'IMIU'illf,!.IU~ ,l~~!WJl:l!ol'l:llt!Ll•I•', ~'~ 11111 Reception#: 734614 10/05/2007 09:09: 14 AM Je lberico 2 of 4 Rec Fee:$0.00 Doc Fe~.~ 00 GARFIELD COUNTY CO NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY, COLORADO: Section I. Findings of Fact. TI1e Board of A<ljuslmenl makes the following findings of fact: I. The request for this variance was initiated by The Basalt Congregation of Jehovah's Witnesses on July I", 2007, requesting the Board grant a variance from Section 3.02.05 of the Zoning Resolution of 1978, as amended, for a property located in the "NR/RD" Zone District. 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 nummum 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. 1111 ~'ri. 'l~~r\'l,~U~l .!JU1 .Wl~t+Ji~lr~~ll+•' l!•'1',~·ll 11111 Reception#: 734614 10/05/2007 09:09:14 AM Jean Alt:. ::o 3 of 4 Rec Fee:$0.00 Doc Fee:O.OU ~RRFIELD COUNTY CO Section 2. Request for Variance Approved. The Board of Adjustment does hereby approve a variance from Section 3.02.05, Maximum Lot Coverage of 15% and located within the "AIR/RD" Zone District; INTRODUCED, READ AND ADOPIBD by the Board of Adjustment of Garfield County on the 24 1h day of September, 2007. 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. 1111 ~~,·1. l'U~1\'IMlClis/1 ,I~'· ·l~lw~:lrf ~'Ill"~ ~,,,/', ~,~ 11111 Receptionl:t: 734614 , 1 . o 10/0512007 09: 09: 140o"Mo JF;~. § gar ~~RF I ELD COUNTY co 4 of 4 Rec Fee:$0. · 00 · · ATTACHMENT A A ··1)·arccl of land situated""iil' Lot u "of Section 30, To\·1nshiµ"IU/HSOllt"H 1 ~""[{1afl:~te\)13fs~Te)St qJr the Sixth Pr·incipul Merid·ian, lying Hortherly of the Southerly line of soid Sectio~ 30, said parcel beiny described as follows: _B~qinrrin9 at a pocint ton the Southe1~lY\j .. 1ine of sald Section 30, whence the true µos1t1ou of the South Quarter Corner of sjtd jSection JO (said corner being v,;itnessed by an iron post viith brass cap and properl.YL 1 1110rked) bears: S. 89"55'23" W. 372.79 feet; thence IL 00''04'37" IL 160.00 feet; th'fl"ce 11. 89"55'23" E. 160.00 feet; thence S. ()(1"04'37" E. 160.00 feet toil point on the 'I !Southerly line of said Sect'ion JC: thence S. 89"·55'23" H. 150.00 feet along the So!hh- lerlv 1·ine of said Section 30 to the po·int of beqirnl'inq. I 1Exc°Cpting all oil, gas atid other minerals in, of1 or under the above described proptl;~rty, ;andfurthe~ excepting and reserying.a 30-;-foot ro~d ~asement over rtnd acros.s s_a~~ .. "!.) , l -1-1roperty 1n a QCnerally Easterly iJ·!rc~t1on, be~nr_1n1ng at the Easterly ena of t.ne rq!:ao eusemcnt described ·belo~~. and cunt1nu1ng as now ·in place. Togetiier vrith a 30-foot road easemenl, Uc-ing 15 feet un each side or tne TOI 101r11ng described ccntr.:rline: Be~1inniny at a noint on the Westerly line of the ubovc dcscri!Jf!ti µarcel of iand, Silid point being 107.67 fe~t, S. oo:D4'37" E. from the Northwest Corner of tile above Jescribed purcel of land~ thence along said centerline~ N. 68"'0t1'37u VL274.9H feet; thence 49.68 feet u·!ong the arc of a curve to the left, havi11g a radius of 1130.55 feet, the chord of l'thlch be0rs: rL 75"!J7 1 37n H. 49.53 :'eet; thence 53.05 feet il.long the arc of a curve to the lt:ft, havi,ny a radius of 59.02 feet, the chord of which bears: S. /0°24 1 2lft H. 54.04 feet; thence S. 47°-08 1 r13 11 W. 93.36 feet. more or less to a point in the existin9 County nuad; to be used jointly N'ith parties of the First µart, their heirs a11d assigns. Sub.jr..ct to the casement and r·i9ht-of-~1a_y for 9as pipel·i11e a.s shown on map uf Rucky Mountain N:1tural Gas Co111ptu1y, Inc., recorded July 17, 1969 as l<ecept·ion No. 243390 insofi1r as a.ny of the a hove property is affected.