HomeMy WebLinkAbout4.0 Resolution BOA 2011-001.pdf. ■III A MMYR N4It IVIIINrrElt l0. 4411111
Reception #: 789806
03/00/2011 /1:34:53 AM Jean Rlberice
i of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. BOA 2011 -001
Series of 2011
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
UPHOLDING THE ADMINISTRATIVE' INTERPRETATION OF ARTICLE X IN THE
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION (ULUR) OF 2008,
RELATING TO A NONCONFORMING STRUCTURE AND WATERBODY SETBACK
REQUIREMENTS AT 45755 HWY 6/24, NEW CASTLE, COLORADO,GARFIELD
COUNTY.
PARCEL NO# 2123 - 362 -00 -007
Recitals
A. Frank and Kim Collins (the "Applicants ") submitted an application for Appeal of
Administrative Interpretation to the Board of Adjustment of Garfield County, Colorado, (the
"Board ") requesting that the Board overturn an Administrative Interpretation of Unified Land Use
Resolution of 2008, as amended ( "ULUR "). Specifically, the Applicants stated that Applicants'
enclosed porch does not increase the size of the porch and therefore does not increase the degree
of nonconformity with respect to the setback from the Restrictive Inner Buffer of a water body
required per Section 7 -203 (A)(1) of the ULUR ( "Inner Buffer Setback ") and requested that the
Board overturn the administrative interpretation that the porch encroached into the 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 with the western boundary located along the
centerline of Canyon Creek (the "Property ").
C. The Property is contained within the Rural Urban (RU) Zoning District as defined
and described in Section 3 -101 of the Garfield County Unified Land Use Resolution of 2008 and is
located adjacent to Canyon Creek where the required Inner Buffer Setback from a waterbody is 35
feet.
D. The Applicants specifically request that the Board overturn the Administrative
Interpretation of a nonconforming structure as it applies to a patio enclosure and whether the
enclosure increases the degree nonconformity in relation to the setback from the Inner Buffer
Setback.
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.
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F. The Board of County Commissioners of Garfield County has appointed the Board
and granted it the power and duty to determine whether an appeal should be granted under
prescribed circumstances.
G. Pursuant to C.R.S. § 30 -28 -117, the Board conducted a public hearing on January
24, 2011, upon the question of whether the appeal should be approved, denied or whether any
action should be taken on this matter.
H. At the January 24, 2011 public hearing the Board voted four to zero to deny the
Applicants' request to overturn the Administrative Interpretation.
1. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
That proper public notice was 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 Board determined
the Administrative Interpretation was appropriate, was in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County and that the appeal did not meet the standards and requirements to
overturn and Administrative Interpretation pursuant to Section 4 -302 (R) of the
ULUR 2008, 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. The Appeal of the Administrative Interpretation of Article X of the ULUR regarding a
nonconforming structure and its relationship to the setback requirements is denied.
Dated this
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day of �n� uC �' , A.D. 20 \\
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03!0812011 15:34:58 AM jean falberico
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ATTEST:
-70-cT<1\zR\-. SA\e_.,& -kv
Secretary to the Bo d
C \-ck ors
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
GARFIELD COUNTY BOARD OF
ADJUSTMENT, GARFIELD COUNTY,
COLORADO, --
J
BRAD JORDAN, CHAIRMAN
TOM MORTON, VICE-CHAIR
JOCK JACOSER, SECRETARY C N 1
STEVEN BOAT
, Aye r Nye
r Nye
ye or Nye
Aye or Nye
A )or Nye
ye r Nye
DWIGHT JUHL
STEPHEN DAMM
T:1Code Enforce mentlBOA\Collins Appeei\Final Resolution-Cailins.doc
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