HomeMy WebLinkAbout4.0 Resolution 2002-21111111 10/111111 111111111IIIIfl� ill 1111111111111111
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RESOLUTION NO. 2
Series of 2002
A RESOLUTION OFITHE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A 3.1 FOOT FRONT YARD SETBACK VARIANCE RELATING TO
PROPERTY IN GARFIELD COUNTY WITH A STREET ADDRESS OF 33 LUPINE WAY IN
MONUMENT CREED VILLAGE OF BATTLEMENT MESA PUD AND A LEGAL
DESCRIPTION LOT 9, BLOCK 11, MONUMENT CREEK VILLAGE, SECTION ONE,
GARFIELD COUNTY.
WHEREAS, Damon d Amanda Wells made an application, dated July 24, 2002, for a 3.1
foot variance from the fro t yard setback dimensional requirement of Section 3.02.06 of the
Garfield County Zoning Resglution of 1978; and
WHEREAS, the subj ct property affected by the variance request is practically described as
33 Lupine Way in Monume t Creek Village located within the Battlement Mesa Planned Unit
Development and legally de$Cribed as Lot 9, Block 11, Monument Creek Village, Section One,
Garfield County, Colorado; and
WHEREAS, Garfiel County is a legal and political subdivision of the State of Colorado,
for which the Board of Coun Commissioners is authorized to act; and
WHEREAS, pursuadt to law, the Board of County Commissioners of Garfield County
has appointed the Garfield Cpunty Board of Adjustment; and
WHEREAS, the Ga eld County Board of Adjustment conducted a public hearing on
September 23, 2002, upon k e question of whether the proposed 3.1 foot variance from the front
yard setback dimensional requirement of Section 3.02.06 of the Garfield County Zoning Resolution
of 1978 should be approved, enied, or whether any action should be taken on this matter; and
WHEREAS, after fiilI deliberations and consideration of the evidence and testimony
presented, the Garfield County Bdard of Adjustment approved the requested 3.1 foot variance to the
front yard setback by a vote of four to zero (4 — 0).
NOW, THEREFORE,
IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, CORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. The request for this v ance was initiated on July 24, 2002 by: Damon and Amanda Wells
for property located t 33 Lupine Way in Monument Creek Village located within the
1 min um uun mom ul aloin sin lit mum 11U1 I••I
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Battlement Mesa P1ed Unit Development and legally described as Lot 9, Block 11,
Monument Creek Vi lage, Section One, Garfield County, Colorado.
2. Proper notice of the proposed variance has been provided to surrounding property owners in
accordance with Se4tion 9.05.04 of the Garfield County Zoning Resolution of 1978.
Evidence of such not ce is on file with the County Clerk.
3. That the meeting be ore the Board of Adjustment was extensive and complete, that all
pertinent facts, matt s and issues were submitted and that all interested parties were heard
at that meeting.
4. That for the above tated and other reasons, the proposed setback variance has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfar- of the citizens of Garfield County.
5. That the variance gr: ted is the minimum necessary to alleviate such practical difficulties or
undue hardship upon e owner of said property;
6. That such relief ma be granted without substantial detriment to the public good and
without substantiall impairing the intent and purpose of the General Plan or this
Resolution;
7. That the circumstanc4s found to constitute a hardship were not caused by the applicant, are
not due to or the re ult of general conditions in the district, and cannot be practically
corrected; and
8. That the concurring vete of four (4) members of the Board was necessary to decide in favor
of the appellant.
Section 2. Request for Varia$e Approved.
The Board of Adjustment doffs hereby grant the applicant the following variance from the terms of
Section 3.02.06 of the Garfie1 I County Zoning Resolution of 1978:
A 3.1 ' variance from he front yard setback for a portion of the garage for a single family
residence located a 33 Lupine Way in Monument Creek Village located within the
Battlement Mesa PI nned Unit Development and legally described as Lot 9, Block 11,
Monument Creek Vil ge, Section One, Garfield County, Colorado.
INTRODUCED, RE AND ADOPTED by the Board of Adjustment of Garfield County
on the 23'd day of September, 002.
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Chairperson
I, the undersigned duly appointed and acting Secretary to the Board of Adjustment
do certify that the foregoing i a true and accurate copy of that resolution adopted by the Board of
Adjustment of Garfield Coun , Colorado, at a meeting held on the day hereinabove stated.
4'
Secretary to the Boar sf Adjustment
Approved as to content: