HomeMy WebLinkAbout3.0 Resolution 2008-01qui r r�rnrr,aua,awr , r�r ,:ups Ii xr 1I III
Reception#: 750456
06/13/2008 03:40:12 PM Jean Rlberico
1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. 60A - a o og
Series of 2008
r
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A SIDE -YARD SETBACK VARIANCE FOR A PROPERTY LOCATED SOUTH
OF NEW CASTLE, COLORADO AND LEGALLY DESCRIBED IN ATTACHMENT A.
WHEREAS, Lacy Orr and Gil Smith made an application to the Board of Adjustment (the
"Board") requesting the Board grant a variance from Section 3.02.06 "Agricultural / Residential /
Rural Density (A/R/RD)" of the Garfield County Resolution of 1978, as amended for a property
located in the "A/R/RD" Zone District;
WHEREAS, The Applicants are the owners of real property practically located at 6640
County Road 312 and located south of the Town of New Castle, CO and which requires a
minimum side -yard setback of ten (10) feet, pursuant to Section 3.02.06 of Zoning Resolution of
1978, as amended; and
WHEREAS, The Applicants specifically request the Board grant a variance from Section
3.02.06 of Zoning Resolution of 1978, as amended, for the existing illegal non -conforming
structures ; 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
June 25th, 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 (4 — 0).
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Reception#: 750456
202 PM Jean Abeico
6 of 342Rec Fee:$0.00pDoc Fee:0.00rGARFIELD 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 Lacy Orr and Gill Smith, requesting the Board
grant a variance from Section 3.02.06 of the Zoning Resolution of 1978, as amended, for a
property located in the "A/R/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, 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.
Section 2. Request for Variance Approved.
2
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Reception*: 750456
06/13/2000 03:40:12 PM Jean Alberico
3 of 4 Rea Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO
The Board of Adjustment does hereby approve a variance from Section 3.02.05, Maximum Lot
Coverage of 150/o and located within the "A/R/RD" Zone District;
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the 24th clay of September, 2007.
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.
cretary to the Board of Adjustment
ATTACHMENT A
3
rder Number: 05000929-C2
SCHEDULE A 1111 i1.11WHI N IO h,lilriliMIWIA110,111411111
Reception#: 750456
06/13/2008 03:40:12 PM Jean Rlberieo
4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
LEGAL DESCRIPTION
THE S1/2 OF THE SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE
6TH P.M.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SE1/4SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF
NORTHERLYPRINCIPAL
OF THE COUNTY OADLYING
NOWWEST
CONST UCTED, DEEAST SCRIBEDSAID
FOLLOWS: 30 AND
LINE OF
AID
ROAD WITH NG AT THE POINT THE EAST LINEOOF AIIDSECTION OF THE SECTION 30,WHENCE�THEYSOUTHEASTSCORNER OF
SAID SECTION 30 BEARS SOUTH 30.0 FEET;
THENCE S. 88°29' W. 174.64 FEET ALONG THE NORTHERLY LINE OF SAID COUNTY ROAD;
THENCE N. 00°36' E. 102.1 FEET;
THENCE N. 36°54' W. 160.8 FEET;
THENCE N. 58.27' E. 316.9 FEET TO A POINT ON THE RAST LINE OF SAID SECTION 30;
THENCE S. 391.90 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO A POINT ON THE
NORTHERLY LINE OF SAID COUNTY ROAD, THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO