HomeMy WebLinkAbout2.0 Resolution 2008-05■1111 >ilh� h�� W4LIiALi 4CIC{rii.ifi�rlikllilii 11111
Raception#: 771266
071i312009 03,39:08 PM Jean Alberico
1 or 3 Rec Fee:$0.00 Doc Fee:O.00 GARFIELD COUNTY Co
STATE OF COLORADO
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County of Garfield
At a regular meeting of the Board of Adjustment for Garfield County, Colorado, held in
the Conunissioners' Meeting Room, Garfield County Administrative Building, in Glenwood
Springs on, Monday, the 21" day of July A.D. 2008, there were present:
Leo Jamznaron , Member Chairman
Steve Boat , Member
Tom Barnabic , Member
Dwight Juhl , Member
Steve Damn , Member
Tom Morton , Member
Julie Hanson , Attorney for the BOA
Carolyn Dahlgren , Deputy County Attorney
when the following proceedings, among others were had and done, to -wit:
30A --
RESOLUTION NO. 2008-05
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A FRONT YARD SETBACK VARIANCE FOR A PROPERTY LOCATED AT
145 WEST MAIN STREET (STATE HIGHWAY 6 AND 24) IN SECTION 9, TOWNSHIP 6
SOUTH, RANGE 92 WEST, GARFIELD, COLORADO
Parcel NO# 2179-091-00-014
Recitals
A. Alfred M. Gendreau submitted an application to the Garfield County Board of
Adjustment requesting a variance to allow the placement of a storage tent in the front yard
setback of the subject property.
B. The subject property owned by Alfred M. Gendreau is located at 145 West Main
Street (State Highway 6 and 24) in Section 9, Township 6 South, Range 92 West, Garfield,
Colorado and is located in the Commercial Limited Zone District;
C. Section 3.07.06 of the Garfield County Zoning Resolution of 1978, as amended
requires a Front Yard Setback as the following:
§3.07.06 — CL front yard setback— arterial streets: seventy-five (75) feet from street
centerline or fifty (50) feet fromfront lot line, whichever is greater;
Roeeption#: 771266
07/13!2009 03:39:08 PM Jean Rlberico
2 of 3 Roc Fee:$0.00 Doc Fee!0.00 GRRFIELD COUNTY CO
D. 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
E. Pursuant to law, the Board of County Commissioners of Garfield County has
appointed the Garfield County Board of Adjustment; and
F. The Garfield County Board of Adjustment opened a public hearing on July 21,
2008, upon the question of whether the front yard setback variance should be approved, denied,
or whether any action should be taken on this matter; and
G. The Board of Adjustment on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
1. The request for this variance was initiated by Alfred M. Gendreau who owns the subject
property located at 145 West Main Street (State Highway 6 and 24) in Section 9, Township
6 South, Range 92 West, Garfield, Colorado which is located in the Commercial Limited
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. Evidence of such notice is on file with the County Building and Planning
Department.
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 front yard setback variance has
been 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 constitutes the minimum necessary to alleviate such practical difficulties
or undue hardship upon the owner of said property.
6. That such relief is 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 concurring vote of four (4) members of the Board was necessary to decide in favor
of the appellant.
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Reception#: 771266
07/1312009 03:39:09 AM Jean Alberico
3 of 3 Ree Fee:$0.09 Doc Fee:0.00 GARFIELD COUNIY CO
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Board of Adjustment does hereby approve (by a vote of 6 to 0) the requested front
yard setback variance from the terms of 3.07.06 of the Garfield County Zoning
Resolution of 1978, as amended, such that the applicant shall be allowed to place a
storage tent in their front yard of the property.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the "t ' day of TO y , 2009.
ATTEST:
GARFIELD COUNTY BOARD OF
ADJUSTMENT, GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
Leo Jarnmeron
Steve Boat
Tom Barnabic
Dwight Juhl
Steve Damm
Tom Morton
3
Aye
, Aye
Aye
, Aye
, Aye
, Aye