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HomeMy WebLinkAbout3.0 Denial Resolution■lll 1��11'��,1��4��I�cf 4�+�1 JJ�I�'��1ti��R�r�141'i�fY�h �I Ill Reception#: 839454 07131!2020 11:33:54 AM Jean Alberlco 1 of 4 Rec Fee:$0.00 Doc Fee:0.CO GARFIELD COUNTY CO RESOLUTION NO. 01 Series of 2020 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY DENYING A VARIANCE FROM THE 25 -FOOT FRONT YARD SETBACK ON A CORNER LOT FOR A PROPERTY LOCATED AT 101 PONDEROSA CIRCLE, WEST OF THE CITY OF GLENWOOD SPRINGS, CO IN SECTION 34, TOWNSHIP 5' SOUTH, RANGE 89 WEST OF THE 6th P.M., GARFIELD COUNTY PARCEL NO# 2119-343-03-001 Recitals A. Michael and Ann Hoban (Applicant) 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 of 2013, as amended (LUDC), Zone District Dimensions Front Yard setback for a corner lot in the Residential/Urban (RU) Zone District. B. The Applicant is the owner of the real property as identified in a Deed recorded at Reception No. 375064 in the Office of the Garfield County Clerk & Recorder, known as 101 Ponderosa Circle, Glenwood Springs, CO 81601. C. The subject property is zoned Residential/Urban (R/U) 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 LUDO. D. The Applicant requested the Board to grant a variance from the required 25 -foot front yard setback from a local road on a corner lot to permit an existing accessory structure within the setback 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 28' day of May, 2020, 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. J. The Board closed the public hearing on the 28' day of May, 2020, to make a final decision. ■III KIM 14114% WMAHI I M ME 11111 Reception#: 939454 07/3112020 11:33:54 RM Jean Alberico 2 of 4 Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 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 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 pertinent facts, matters and issues were submitted and that adjacent property owners had the ability to be heard regarding this request; 3. That for the reasons stated herein, the proposed Hoban Variance is not in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended; 5. That the application has not met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. 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 -08- 19-8746, to allow for the construction of an accessory structure within the Front Yard Setback for a corner lot is hereby denied. Dated this 5_ day odv4,x, A.D. 2020. ATTEST: GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COLORADO P W -m Brad Jordaxr Chairman 2 ■III KFIF R10; %191 IRNINIUM11110 UVIVYW 11111 Reception#: 939454 07/31!2020 11:33:54 RM Jean Rlberico 3 of 4 Ree Fee :$0.00 Doc Fee; 0,00 GARFIELD COUNTY CO 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 RICK ULLOM , Aye 3 ■ILII fATMOO)ANL'OMMVAkGAINIIIIi ReeeptFon#: 939454 07/31/2020 11:33:54 AM Jean A1berlco 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A (Site Plan Excerpt) =67. %,10 R=300.00' D-12'57'16- CLirN-67, 6 7' ERG 4N 44' 37' 22' L ,�T a 34, Ot;' L -M 14' 8.325, 0'y1' 12' 21.53' CLL -,;=70L LC ;� =N 40130,21' 1If- T•31 20' L=70, 22' R '75. 0D' 3.53.19' 22' CLE14-67, 59' Ts37. X32' 7.5' N 09'50'00" w 9. Fl7 4