HomeMy WebLinkAbout3.0 Resolution 2007-06VIII El i:'14114ALIEI411Ir4rrt r %'I+i§.hail11III
Reception#: 719023
03/15/2007 02:29:09 PM 8:1902 P:0783 Jean Plberioo
1 of 3 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
RESOLUTION NO. -30 aloe`%-C�Cr
Series of 2007
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO, DENYING A HEIGHT VARIANCE FOR A PROPOSED
RESIDENCE IN LOT 5, ROARING FORK MESA IN THE ASPEN GLEN PUD,
GARFIELD COUNTY, COLORADO.
RECITALS
1. The Applicant, Royal Quality Homes, LLC, has applied for a building permit to construct
a new residence at Lot 5, Roaring Fork Mesa in Aspen Glen according to the Plat thereof
recorded October 31, 1996 as Reception No. 500471. The definition of "building height"
in Section 2.02.09 of the Zoning Resolution of 1978 is to be measured from the "undisturbed
or natural ground surface." The Applicant's plans for the construction of a residence on
this lot were predicated upon the accuracy of the diagrams and topographic map prepared
at the time of subdivision approval by Schmueser Gordon Meyer, Inc. When reviewing this
site and preparing topographic maps for building the property, however, the Applicant
learned that since the original topographic maps were prepared, the undisturbed or natural
ground surface had been modified by approximately two feet, altering the drainage patterns
on this lot and making it necessary to alter its plans.
2. The Applicant requests a variance from the County's height limitation contained in Section
3.02.07 of the Zoning Resolution of 1978, as amended, which requires that all residential
structures be no taller than twenty-five feet (25') as measured from the undisturbed or natural
ground surface. The manner in which height is calculated is set out in Section 2.02.09 of the
Zoning Resolution.
3. Garfield County is a legal and political subdivision of the State of Colorado for which the
Board of County Commissioners is authorized to act.
4. Pursuant to law, the Board of County Commissioners of Garfield County, Colorado, has
appointed the Garfield County Board of Adjustment, and vested the Board of Adjustment
with the power and duty to determine whether variances should be granted from the
application of the Zoning Resolution, under prescribed circumstances.
5. The Applicant filed a timely request for a variance with the Board of Adjustment
6. The Garfield County Board of Adjustment conducted a hearing on January 29, 2007 to
determine whether or not this variance should be granted.
7. The Garfield County Zoning Resolution of 1978 requires that the concurring vote of four
members of the Board shall be necessary to grant a variance. After full deliberation and
consideration of the extensive evidence and testimony presented, the Garfield County Board
of Adjustment voted for the reasons set out herein unanimously to deny the variance request.
VIIIwarm I RIiii.l+h9CG4 #41,1111M111III
Reception#: 719023
203 of 532Rec Fee?$0 00PM B:1902 Doc Fee: GPRFI4 Jean co
IELD COUNTY CO
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, COLORADO:
Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact:
1. The request for a variance was timely filed.
2. All notices required by law were properly given by certified mail to adjoining
property owners and by publication, and was posted as as required by the Zoning
Resolution and by Colorado statues, as shown by the documents submitted into
evidence.
3. The meeting before the Board of Adjustment was extensive and complete, all
pertinent facts, matter and issues were submitted to and considered by the Board of
Adjustment. All interested parties were afforded an opportunity to be heard at the
meeting.
4. The matters set forth above under "Recitals" are incorporated herein as specific
findings of fact.
5. Five members were present at the meeting. However, acting Chairman Brad Jordan
recused himself because he represents the Applicant. In his absence, Secretary
Thomas Morton, M.D. presided.
6. The Applicant originally sought a variance of one and one-half feet, assuming that
the height was to be measured from the actual ground surface as it presently exists.
However, the Board ofAdjustment finds that a variance is not necessary, because the
term undisturbed or natural ground surface should properly refer to the grade
described on the original Schmueser Gordon Meyer, Inc. topographic map. If the
residence is to be constructed according to that assumption, no variance is required.
Section 2. Appeal Denied. The Zoning Resolution requires the concurring vote of four
members to grant a variance. For the reasons set out above, all members participating voted to deny
a variance.
ADOPTED by the Board of Adjustment of Garfield County, Colorado at a meeting held on
January 29, 2007.
ATTEST:
Secretary to Boar..fJ• djustment
By:
BOARD OF ADJUSTMENT
T omas Morton .D. Acting Chair
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'Reception#: 719023
03/15/2007 02:29:09 PM 8:1902 P:0785 Jean 4lberico
3 of 3 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, the undersigned duly appointed and acting Secretary to the Board of Adjustment do hereby
certify that the foregoing is a true and accurate copy of a Resolution adopted by the Board of
Adjustment of Garfield County, Colorado, at a meeting held on January 29, 2007.
Secretary to the Board of