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HomeMy WebLinkAbout3.0 Resolutiontl I ltr h illt tHl ilrr, Fl l, I hr !\Tl I H l4Cl tl f I i,I h+ I I ll I Receotlon$: 913641 1@t31'l2O1A 12t@234 Pfr Jean AlbaricoI oI 4 Rec Fae:S0.00 Doc F6€ro.00 GARFIELD COUNTY Co RESOLUTION NO. 1 Series of2018 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GART'IELD COT]NTY APPROYING A VARIANCE FROM THE FRONT YARD AND SIDE YARD SETBACKS FOR PROPERTY LOCATED AT 31 SOPRIS AVENUE APPROXIMATELY O.I3 MILES WEST OF THE TOWN OF CARBONDALE,IN SECTION 28, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th P.M., GARFIELD COI.'NTY PARCEL NO# 2 s9 3 -28 3 - I 3-004 Recitals A. James Gorman, Donald Gorman, Lesley Gorman, and Jaqueline Edgerly (Applicants) made an application to the Board of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant a variance from the Land Use and Development Code, as amended (LUDC), Table 3-201, Zone District Dimensions front yard and side yard setbacks for the ResidentialAJrban (RU) Zone District. B. The Applicants are the owners real property as identified in a Deed recorded atReception No. 889483 in the Offrce of the Garfield County Clerk & Recorder, known as 3l Sopris Avenue, Carbondale, Colorado. C. The subject propefty is zoned Residential/Urban (RII), pursuant to the LUDC and issuance of the requested variance will not affect the requirement that the parcel complies with the remaining zone district standards contained within the LUDC. D. The Applicants request the Board grant a variance from the required 25 ft. front yard setback and 10 ft. side yard setback to allow a house, two fences, two sheds, and a gate to be located in the setback as shown on the site plan attached as Exhibit A. E. Garfield County is a legal and political subdivision ofthe 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. G. The Board conducted a public hearing on June 251h,2018, upon the question of whether the requested variance should be approved, denied, or whether any action should be taken on this matter, during which hearing the public and interested persons were given the opporfunity to express their opinions regarding the request. H. The Board closed the public hearing on the 256 day of June,2018 to make a final decision. 4 lll IiJ rr I hl L:t ilr,,ltl14 ll ll' hllil rY il' lill, Ell lll til I I ll I Recept ion[ : 913641 1@131-t2O1e 12:@2t34 Pll Jean Flberlco2 of 4 Rac Fea:$0.00 Doc Fee;0.00 GnRFIELD CoUNTY C0 I. The Board on th; basrs ot substantial competent evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That proper notice was provided as required by the Garfield County 2013 Land Use and Development Code; 2. That the review before the Board of Adjustment was extensive and complete, that all pertinentfacts, matters and issues were submitted and that adjacent properly owners had the ability to be heard regarding this request; 3. That for the above stated and other reasons, the proposed Variance is in the best interest of the health, safety, and welfare ofthe citizens of Garfield County if recommended conditions of approval are satisfied; 4. That with the adoption of conditions, the application is in general conformance with the2030 Comprehensive Plan, as amended; 5. That with the adoptions of conditions, the application has adequately met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. RESOLUTION NOW TIIEREI'ORE, BE IT RESOLVED by the Board of Adjustment, Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Gormarr Front Yard and Side Yard Variance Request is hereby approved subject to compliance with the following conditions: l. All representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the Board of Adjustment. 2. No further encroachment into the setback beyond what is approved and identified on the site plan is permitted by this vadance request. 3. It is recommended that the applicant check the location of utilities and easements in regards to the improvements in the setback. Dated thislfday ot 0*ober ,A.D.2018. ATTEST: Iltl llltrtriltf,l!il rtlll I ll' frr lrfll H rr l[ ]lll lIhtll[il ] I I I Receotlon$: 913641 'tOtS1'tZOlg t2:@2:34 PII Jean Alberlcod-;i'4-B;; reii56.oa iioc Fsa:@.Go GSRFIELD couNTY c0 GAMIELD COUNTY BOARD OF ADruSTMENT, GAMIELD COLINTY, Matt Langhorst Vice-Chair Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: BRAD JORDAN. CHAIRMAN .AYe RTCK IIT,I,OM -, Aye JARMAN SMITH ., Aye MATT LANGHORST. VICE-CHAIRMAN ' AYC DANMT, ADAMS , Aye RUSSEL TALBOT (absent) - STEVEN BQAT (.absent) - lll 1l] rr l ililllft H li,Ht,ll t h lill[l#l ttr\l il ltl'ffi lC Il l l I Receotlon$: 913641 1@t31'1201e 12t@2:34 Pl1 Jaan AIboricEn-;i'4-R;c rEiiOo'oo Doc Fee:@.o0 GARFIELo GoUNTY co Exhibit A: Site Plan :t'! o4z a , ---a-,A H coalrTr RoA.D t 06 ilt t4 tr o aoox.o =.E a do6 4