HomeMy WebLinkAbout4.0 Resolution BOA 2010-004.pdfIll\ Ml".~o ~:rt11'Ji,!lf1~ ~' ~1,\-t.PI:~rW'\ft\'~Lio'PU"l IIIII
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03/08/2011 11:34:58 ~M Jean Alberico
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RESOLUTION NO. BOA 2010-004
Series of 2010
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A VARIANCE FROM THE FRONT YARD SETBACK OF 50' AND
DENYING THE APPROVAL OF A VARIANCE FROM THE RESTRICTIVE INNER
BUFFER SETBACK OF 35' FOR A PROPERTY LOCATED AT 45755 HIGHWAY 6/24,
NEW CASTLE, COLORADO, GARFIELD COUNTY
PARCEL NO# 2123-362-00-007
Recitals
A. Frank and Kim Collins (the "Applicants") submitted an application to the Board
of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant two
variances from the Unified Land Use Resolution of 2008, as amended ("ULUR"). Specifically,
the Applicant requested a variance to the front yard setback from an arterial roadway in a
Residential Urban Zoning District as required per Section 3-208 (2) (a) of the ULUR ("Front
Yard Setback") and requested a variance to the setback from the Restrictive Inner Buffer of a
water body required per Section 7-203 (A) (I) of the ULUR ("Inner Buffer Setback").
B. Applicants are the owners of real property identified on the Garfield County
Assessors records as Parcel No. 2123-362-00-007, more practically described as 45755 Highway
6/24 and encompassing an area of .84-acres (the "Property").
C. The Property is contained within the Residential Urban Zoning District and
issuance of the Front Yard Setback variance will not affect compliance with the other zone
district standards contained within the ULUR.
D. The Applicants specifically request the Board grant a variance to the Front Yard
Setback from 50' from arterial roadway to 13.4' and grant a variance to the Inner Buffer Setback
of35' to 8.6' 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 Board
and granted it the power and duty to determine whether variances should be granted under
prescribed circumstances.
H. Pursuant to C.R.S. § 30-28-117, the Board conducted a public hearing on October
25, 2010, upon the question of whether the variances should be approved, denied, or whether
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any action should be taken on this matter.
I. At the October 25, 2010 public hearing the Board voted to grant the Front Yard
Setback variance from 50' from arterial roadway to 13.4' and voted to deny the Inner Buffer
Setback from 35' to 8.6'.
J. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following detenninations of fact:
I. That proper posting and public notice were provided as required for the hearing
before the Board.
2. The hearing before the Board was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were heard at that
hearing.
3. That for the above stated and other reasons made on the record, the Front Yard
Setback variance has been determined to be in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County
and that it met the standards and requirements for variance pursuant to Article 4,
Division 3 of the ULUR, as amended.
4. That for the above stated and other reasons made on the record, the Inner Buffer
Setback has not been determined to be in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County
and that it has not met the standards and requirements for Variance pursuant to
Article
4, Division 3 of the ULUR, 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.
B. A variance from Section 3-208(2)(a) to reduce the front yard setback from 50' from
arterial roadway to 13.4' from arterial roadway as indicated on the site plan attached as
Exhibit A is granted.
C. A variance from Section 7-203(A) (I) to reduce the setback from the Restrictive Inner
Buffer of a water body from 35' to 8.6 feet is denied.
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03/08/2011 11:34:58 AM Jean Alberico
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Dated this ~\-..day of 5-~w_xi , A.D. 20...lL_.
ATTEST: GARFIELD COUNTY BOARD OF
ADWSTMENT, GARFIELD COUNTY,
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v cretary to the Board
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
BRAD JORDAN CHAIRMAN
TOM MORTON VICE-CHAIR
JOCK JACOBER, SECRETARY ~\'\) '\
STEVEN BOAT A;'k)::Sc.:_~
IH• •b4A:3 ItA Ed~ Z\BIC . 1~:ye ,,r J\;Tye
DWIGHT JUHL -~or Nye
"'-ST""'E""P'""H""'E"'"N_,_D~AMM~"--------------------'~r Nye
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