HomeMy WebLinkAbout3.0 Resolution 2007-111111Ftill ffft !L !1,41114,IfiVIAL140,III' 11111
Reception#: 734616
10/05/2007 09:09:14 RM Jean Albericc
1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. 2007 - I1 a0arl -ft
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
DENYING A REQUEST FOR A 25 FOOT FRONT YARD SETBACK VARIANCE FROM
SECTION 3.02.06 OF THE ZONING RESOLUTION OF 1978, AS AMENDED
PARCEL ID: 2393-274-00-027
WHEREAS, BARBARA MARY TUNNICLIFFE LIVING TRUST (The Property Owner)
submitted an application to the Garfield County Board of Adjustment, dated August, 2007, for a 25
foot variance from the front yard setback dimensional requirement of Section 3.02.06 of the
Garfield County Zoning Resolution of 1978; and
WHEREAS, Section 3.02.06 f the Garfield County Zoning Resolution of 1978, as amended,
states the following:
3.02.06 Minimum Setback: (1) Front yard: arterial streets: seventy-five (75) feet
from street centerline or fifty (50) feet from front lot line, whichever is greater.
WHEREAS, the subject property affected by the variance request is located in Lots 9 and
10, Section 27, Township 7 South., Range 88 West, of the 6th P.M. Garfield County, Co which is
practically located as lying between State Highway 82 and the Roaring Fork River just easy of
the Town of Carbondale; 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, 2007, upon the question of whether the proposed 25 foot variance from the front
yard setback dimensional requirement of Section 3.02.06 of the Garfield County Zoning Resolution
of 1978, as amended, 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 25 foot variance to the
front yard setback by a vote of two to two (3— 2).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, COLORADO:
1111 KII1?lMMN 'Wilt! 11111
Reception#: 734616
10/05/2007 09:09:14 AM Jean Rlberico
2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. 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. Evidence of such notice is on file with the County Clerk.
2.
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.
3. 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.
4. That the variance does not constitute the minimum necessary to alleviate such practical
difficulties or undue hardship upon the owner of said property;
5. 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;
6. 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
7. 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 3.02.06 of the Garfield County Zoning Resolution of 1978, as amended:
The Property Owner requests a variance from the minimum front yard setback limit
of 50 feet from the property boundary in order to accommodate a larger building
envelope to construct a single story single-family residence. The proposal is for a
front setback variance of 25 feet, a decrease of 25 feet.
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110 hrii�'S�IY�IW�I�G�I�G�I h,.,ti1 4'I�hX1+4 M1 11111
Reception#: 734616
10/05/2007 09:09:14 AM Jean Alberico
3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the day of , 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.
Secretary to the Board of AdjGstment
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