HomeMy WebLinkAbout8.0 Resolution 2012-01VIII t iFage olai muil m rntrivoulii 11111
Reception #: 815481
03/06/2012 02 :05:00 PM Jean Albertco
1 of 3 Roc Fee:$0.00 Doo Fea:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
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County of Garfield
At a regular meeting of the Board of Adjustment for Garfield County, Colorado, held in
the Commissioners' Meeting Room, Garfield County Administration Building, 108 8th Street,
Glenwood Springs on, Monday, the 9th day of January, A.D. 2012, there were present:
Brad Jordan
Tom Morton
Jock Jacober
Steve Boat
Steve Damm
Dwight Juhl
Cassie Coleman
, Commissioner Chairman
, Commissioner
, Commissioner
, Commissioner
, Commissioner
, Commissioner
, Assistant County Attorney
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 0
Series of 2012
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
REVERSING THE DIRECTOR'S DETERMINATION REGARDING SETBACKS IN THE PSR
ZONE DISTRICT IN THE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT
Parcel ID: 2407- 083 -00 -185
Recitals
1. Williams Field Services Company, LLC (Applicant) represented by Phil Vaughan of Phil
Vaughan Construction Management Inc. made an application on behalf of Battlement Mesa
Land Investments Parcel 3, LLC (landowner) to the Board of Adjustment (Board) on November
10, 2011, requesting the Board reverse the Director's Determination regarding setbacks in the
PSR Zone District in the Battlement Mesa Planned Unit Development (BMPUD).
2. Battlement Mesa Land Investments Parcel 3, LLC (Landowner) is the owner of an unplatted
52.8 acre parcel (Property) in the BMPUD in Section 8, Township 7, Range 95 West and more
practically located at the comer of East Battlement Parkway and Spencer Parkway which is
located in the Public, Semi- Public, Recreation (PSR) Zone District within the BMPUD.
3. On November 9, 2011, the Director of the Building and Planning Department (Director) issued
a determination assigning specific rear and front setbacks at 25 -feet respectively for a portion of
1111f 4',i 144Li6' Ali 11111
Reception #: 815481
03/06/2012 02:05;00 PM Jean Rlberloo
2 of 3 Rec Fee:$0,00 Doc Fee:0,00 GRRFIELD COUNTY CO
the Property where the Applicant wished to install a 36 -foot tall mono -pine communication
tower. Subsequently, the Applicant sought an appeal of this determination believing the
setbacks to be 10 feet rather than 25 feet.
4. The Garfield County Board of Adjustment opened a public hearing on January 9, 2012, upon
the question of whether the appeal of the Director's determination should be affirmed, reversed,
or whether any action should be taken on this matter.
5. The Garfield County Board of Adjustment closed the public hearing on January 9, 2012 to make
a final decision.
6. The Garfield County Board of Adjustment, on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
a. That proper public notice was provided as required for the hearings before the Garfield
County Board of Adjustment.
b. That the hearing was extensive and complete, that all pertinent facts, matters and issues were
submitted or could be submitted and that all interested parties were heard at the hearing.
c. That the Board considered the required criteria pursuant to Section 4- 302(B) of the Unified
Land Use Resolution of 2008, as amended for their decision to include:
i. The technical meaning of the provision being appealed.
ii. Evidence as to the past interpretation of the provision.
iii. The effect of the interpretation on the intent of this Code.
d. That of the reversal of the Director's Determination, and assigning 10 -foot setbacks to the
specific subject area of the Property is in the best interest of the health, safety, and welfare
of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO that:
1. The Recitals listed above are incorporated herein.
2. The Garfield County Board of Adjustment does hereby reverse the Director's
Determination. The Board is assigning the setbacks in question to be 10 -feet from the
adjacent property line finding the following:
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VIII ri FYINIJI+4i I N 11111
Reception #: 815481
03106/2012 02:05:00 PM Jean Albertoo
3 of 3 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
a. The Property in question is unique in shape resulting in a lack of technical ability
to apply an obvious and proper side yard which would normally provide a 10-
foot setback and that the entrance into First Eagles Point Subdivision represents
a practical front yard further supporting the area in question to be a 10 -foor side
yard.
b. The provisions in the BMPUD do not adequately provide regulatory guidance
for setbacks on large unplatted parcels such as the one in question. As a result,
and because of the more commercial nature of the monopine communication
tower as the use proposed, a lesser setback of 10 feet is more appropriate and
consistent with less restrictive setbacks in commercially zoned properties.
c. The specific area in question is already setback at least 200' from East
Battlement Parkway practically providing a much greater setback than any front
yard setback intends to achieve.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County on the
day of January, 2012.
Brad Jordan, Chairman
1, the undersigned duly appointed and acting Secretary to the Board of Adjustment do certify that
the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of
Garfield County, Colorado, at a meeting held on the day hereinabove stated.
Jock Jacober, Sec
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