Loading...
HomeMy WebLinkAbout4.0 BOA Resolution 2018-031111 AP.IIINTAIMSIrig 1 a ' IN 11111 Reception#: 917597 02/26/2019 11:26:50 AM Jean Alberico 1 of 4 Reo Fee:$0.00 Doc Fee:0.OD GARFIELD COUNTY CO RESOLUTION NO. 03 Series of 2018 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY DENYING A VARIANCE FROM THE 50 -FOOT FRONT YARD SETBACK FOR PROPERTY LOCATED AT 12644 HIGHWAY 82, APPROXIMATELY 3/4 MILES EAST OF CARBONDALE, CO IN SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th P.M., GARFIELD COUNTY PARCEL NO# 2393-274-00-006 Recitals A. Susan and Chris Tribble (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), Zone District Dimensions front yard setback for the Rural (R) Zone District. B. The Applicants are the owners of the real property as identified in a Deed recorded at Reception No. 530534 in the Office of the Garfield County Clerk & Recorder, known as 12644 Highway 82, Carbondale, CO 81623. C. The subject property is zoned Rural (R), pursuant to the LUDC and issuance of the requested variance will affect the requirement that the parcel complies with the zone district standards contained within the LUDC. D. The Applicants request the Board grant a variance from the required 50 foot front yard setback from an arterial road to allow for the construction of a garage within the setback to function as a sound barrier from noise associated with State Highway 82 as shown 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. G. The Board conducted a public hearing on the 251 day of June, 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 opportunity to express their opinions regarding the request. 1 1111REPNIIMYIViVihrhilki 11111 Reception#: 917597 022 of 642Rec Fee2$0.O0ADocJean Fee:0.0©rGARFIELD COUNTY CO H. Due to a finding that more information from the Applicant was needed in order to make a decision, the hearing was continued to August 27, 2018 and then, due to lack of quorum, continued to October 30, 2018. I. The Board re -opened the public hearing on the 30th day of October, 2018 for consideration 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 opportunity to express their opinions regarding the request. J. The Board closed the public hearing on the 30th day of October, 2018 to make a final decision. K. The Board on the basis of substantial competent evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of Adjustment. 2. The hearing 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. That for the above stated and other reasons the Tribble application for a variance from the front yard setback submitted by Chris and Susan Tribble is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has not adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including the Variance Review Criteria contained in Section 4-115 (C). RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County, Colorado, that, based on the determination of facts set forth above, the variance request, VARA -04- 18-8637, to allow for the construction of a carport within the front yard setback is hereby denied. 2 1111 MIUMW 01 IifiLl 111410 grifili 'iii, kik 11111 Reception#: 917597 02/26/2019 11:26:50 AM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this Z.S ay ofce. 1 D. 2019. ATTEST: GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COLORADO mith Brad Jord. Secretary Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: BRAD JORDAN, CHAIRMAN MATT LANGHORST, VICE-CHAIRMAN JARMAN SMITH, SECRETARY DANIEL ADAMS RICK ULLOM , Aye , Aye , Aye , Nay , Aye 3 11111 ralt}fiirliMitlihiV liii4II I 'J Milt* WAIll Recept i ontt : 917597 02/26/2019 11:26:50 AM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO DIG EXHIBIT A (Site Plan) IIIIVY• Tan Existing House I IqI-\TIT nu! !MX •ITN WOC!T 0.8 .-. �Inid ontiwt• •. TO STATE XIGIIWAY 8A (MY. OM Of LIMO 4