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RESOLUTION NO. 02
. Series of20l9
A RESOLUTION OF TIIE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
DENYING A VARIANCE FROM THE 2s-FOOT FRONT YARD SETBACK FOR A
PROPERTY LOCATED AT 170 MEL RAY ROAD, DIRECTLY WEST OF'THE CITY
oF GLENWOOD SPRTNGS, CO rN SECTION 6, TOWI\SHrP 6 SOUTH, RANGE E9
wEsr ox'TEE 6th p.M., GARFIELD COTINTY
PARCEL NO# 2 t8s-06 I -02-002
Recitals
A. Edna Montanez (Appticant) 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 of20l3, as amended (LIJDC), Zone District Dimensions front yard setback for
the CommerciaUlimited (CL) Zone District.
B. The Applicant is the owner of the real property as identified in a Deed recorded at
Reception No. 841007 in the Office of the Garfield County Clerk & Recorder, known as 170 Mel
Ray Road, Glenwood Springs, CO 81601.
C. The subject properly is zoned Commercial/Limited (CL), pursuant to the LUDC and
issuance ofthe requested variance will affect the requirement that the parcel complies with the zone
district standards contained within the LUDC.
D. The Applicant requested the Board to $ant a variance from the required 25 foot front yard
setback from a local road to permit an existing carport within the setback as shown on the site plan
attached as Exhibit A.
E. Garfield County is a legal and political subdivision ofthe State ofColorado, forwhichthe
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 22"d day of April, 2019 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.
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J. The Board closed the public hearing on the 22nd day of April, 2019 to make a final
decision.
K. The Board on the basis of substantial competent evidence produced atthe aforementioned
hearing has made the following determinations of fact:
That proper notice was provided as required by the Garfield County 2013 Land Use
and Development Code;
That the review before the Board ofAdjustment was extensive and complete, that all
pertinent facts, matters and issues were submitted and that adjacent property owners
had the ability to be heard regarding this request;
That for the above stated and other reasons, the proposed Montanez Variance is not
in the best interest ofthe health, safety, and welfare ofthe citizens ofGarfield County
if recommended conditions of approval are satisfied;
That the application is in general conformance with the 2030 Comprehensive Plan, as
amended;
That the application has not met the requirements ofthe Garfield County 2013 Land
Use and Development Code, as amended.
RESOLUTION"
NOW THEREF'ORE, BE IT RESOLYED by the Board of Adjustment, Garfield County,
Colorado, that, based on the determination of facts set forth above, the variance requestn VARA-O2-
l9-8708, to allow for the construction of a carport within the front yard setback is hereby denied.
Dated this -lso.O^tof y[qy. A.D. 2019.
ATTEST:GARFIELD COTINTY BOARD OF
ADJUSTMENT, GARFIELD COUNTY,
COLORADO
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Chairman
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
BRAD JORDAN. CHAIRMAN . Aye
MATT LANGHORST. VICE.CHAIRMAN . Aye
JARMAN SMITH, SECRETARY . Aye
DANIEL ADAMS _ _. ._Aye
I(ATHRYN TRAUGER . Aye
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E)C{IBIT A
(Site Plan)
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