HomeMy WebLinkAbout4.00 Resolution 2017-02L114utlf1J h ii!1 tin` i11i' irg 1iw'Wk 11111
Reception#: 890708
03!3012017 01:00:22 PM Jean Alberico
1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. 02
Series of 2017
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A VARIANCE FOR MINIMUM FRONT YARD SETBACKS ALONG UTE
AVENUE AND COMANCHERO TRAIL FOR A PROPERTY LOCATED AT 5 UTE
AVENUE IN ELK CREEK DEVELOPMENT, NORTHWEST OF THE TOWN OF NEW
CASTLE, GARFIELD COUNTY
PARCEL NO# 2125-251-02-01
Recitals
A. Petronilo Carmona Gonzalez made an application to the Board of Adjustment of Garfield
County, Colorado, (the "Board") requesting the Board grant variances from the 2013 Land Use and
Development Code, as amended (LUDC), Table 3-201, Zone District Dimensions.
B. Petronilo Carmona Gonzalez is the owner of real property as identified in a Warranty
Deed recorded at Reception No. 866820 in the Office of the Garfield County Clerk & Recorder,
more practically described as 5 Ute Avenue, Portions of Lot 1 and 2, Block 3, Unit One of the Elk
Creek Development.
C. The subject property is contained within the Residential Mobile Home Park Zone District
and issuance of the requested variance will not effect the requirement for the parcel to comply with
the remaining zone district standards contained within the LUDC.
D. Petronilo Carmona Gonzalez specifically requests the Board grant variances from the
required 25 foot front yard setback along Ute Avenue to allow for an encroachment of 9.6 feet and
along Comanchero Trail to allow for an 11.7 feet encroachment into the setback as indicated on the
site plan attached as Exhibit A.
E. Garfield County is a legal and political subdivision of the State of Colorado, for which the
Board of County Commissioners is authorized to act.
F. The Board of County Commissioners of Garfield County has appointed the Garfield
County Board of Adjustment.
H. The Board of Adjustment conducted a public hearing on February 27, 2017, upon the
question of whether the requested variance should be approved, denied, or whether any action should
be taken on this matter. This public hearing was continued to March 27, 2017 so that the Applicant
could address issues raised by the Board of Adjustment.
1. The Board of Adjustment conducted a continued public hearing on March 27, 2017, upon
the question of whether the requested variance should be approved, denied, or whether any action
1
4
should be taken on this matter.
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Reception#: 890708
203 of 04Doc
2Rec F017 ee:$D.00 PM Jean
COUNTY CO
1. Proper posting and public notice were provided as required for the meeting before the
Board of Adjustment.
2. 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. For the above stated and other reasons, the proposed Variance has been determined to be
in the best interest of the health, safety and welfare of the citizens of Garfield County.
4. The application has met the standards and requirements for Variance pursuant to the
2013 Land Use and Development Code, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County,
Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
1. The Variance from Table 3-201, Zone District Dimensions, 25 foot front setback from
Ute Avenue permitting a 9.6 foot encroachment and an 11.7 foot encroachment on
Comanchero Trail is hereby approved subject to the compliance with Exhibit A.
Dated this 'Nay of ia'CN\ , A.D.
ATTEST:
GARFIELD COUNTY BOARD OF
ADJUSTMENT, GARFIELD COUNTY,
COLORADO
Secretary to the Board Chairman >
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
BRAD JORDAN, CHAIRMAN
STEPHEN DAMM, VICE-CHAIRMAN
SEAN MELLO, SECRETARY
R Nay
R Nay
R Nay
2
MATT LANGHORST
DWIGHT JUHL
�RNay
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Reception#: 890708
03130/2017 01:00:22 PM Jean Alberioo
3 of 4 Rei Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
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IMPROVEMENT LOCATION CERTIFICATE
12.6'
S 89'56'00- W 87A0'
LOT 1
LOT 2
15.4'
13.3'
FOUND REBAR
ID AND CAP
WITNESS CORNER
M „02,Z0.00 N
TELE
Q PED
OeHONVWOO
O
O
S 89'56'00' W 87.31'
UTE AVE
0'
PROPERTY DESCRIPTION
EASTERN PORTION OF LOTS 1 AND 2,
BLOCK 3,
ELK CREEK DEVELOPMENT, UNIT ONE
NEW CASTLE, CQLORADO
20'
FOUND REBAR
AND CAP
40'
60'
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS
PREPARED UNDER MY DIRECT SUPERVISION FOR PETRONILO CARMONA .
THAT THIS 1S NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT. AND
THAT IT 15 NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING.
OR OTHER FUTURE IMPROVEMENT LINES.
I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL
ON THIS DATE, NOVEMBER 28, 2016. EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY
WITHIN THE BOUNDARIES OF THE PARCEL EXCEPT AS SHOWN, THAT THERE ARE
NO ENCROACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED,
AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CR
OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED.
DAVID C. NICHOLS'N, L.S. 34585
DIVIDE CREEK SURVEYORS INC.
IMPROVEMENT LOCATION CERTIFICATE
PORTION OF LOTS 1 AND 2, BLOCK 3
ELK CREEK DEVELOPEMENT, UNIT ONE
5 UTE AVENUE
NEM► CASTLE, COLORADO
DAVID C. NICHOL,SON
Professional Land Surveyor
LS. 34565
0029 Colorado Raver Road
New Castle, Colorado
(970) 876-5632 (970)355-9306
•
NOVEMBER 28, 2009 PROJ. 16073
L1_2 ECD ILC.DWG