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HomeMy WebLinkAbout3.0 Resolution 2004-02111111111111111111111111111111111111111 111 11111 1111 1111 670000 03/10/2005 01 15P 81669 P359 N RLSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO pA RESOLUTION NO. 004— oc.4N Series of 2004 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY DENYING A SIX (6) FEET AND TEN (10) INCHES TO THE TWENTY-FIVE (25) FOOT REAR YARD SETBACK VARIANCE RELATING TO PROPERTY IN GARFIELD COUNTY WITH A STREET ADDRESS OF 0262 STAGECOACH DRIVE, CARBONDALE, CO AND A LEGAL DESCRIPTION OF LOT 30 OF THE RANCH AT THE ROARING FORK, IV, FILING 2, CARBONDALE, GARFIELD COUNTY, CO. WHEREAS, Dave Zamansky made an application, dated February 12, 2004, requesting to reduce the applicable rear yard setback dimensional requirement from twenty-five (25) feet to eighteen (18) feet and 10 inches resulting in a variance of six (6) feet and ten (10) inches in order to construct a 309 square foot addition to the rear of their house; and WHEREAS, Lot 30 of the Ranch at the Roaring Fork, TV, Filing 2 is located in the R/1/6 (PUD) zone district of 1970 as defined and described in the Garfield County Zoning Resolution of 1970 and the required rear yard setback in this district is 25 feet; and WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado, for which the Board of County Commissioners is authorized to act; and WHEREAS, pursuant to law, the Board of County Commissioners of Garfield County has appointed the Garfield County Board of Adjustment; and WHEREAS, the Garfield County Board of Adjustment opened a public hearing on February 12, 2004, upon the question of whether the proposed six (6) feet and ten (10) inch variance from the rear yard setback dimensional requirement of the Garfield County Zoning Resolution of 1970 should be approved, denied, or whether any action should be taken on this matter; and WHEREAS, the Garfield County Board of Adjustment continued the public hearing until March 22, 2004, where after full deliberations and consideration of the evidence and testimony presented, the Garfield County Board of Adjustment denied the requested six (6) feet and ten (10) inches variance to the rear yard setback by a vote of four to zero (4 - 0). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY, COLORADO: Section 1. Findings of Fact. 3 111111111111111111111111111111111111111 111 1111111111111 670000 03/10/2005 01 15P B1669 P360 M RLSDORF 2 of 3 R 0.00 D 0.00 GRRFIELD COUNTY CO The Board of Adjustment makes the following findings of fact: 1. Proper notice of the proposed variance has been provided to surrounding property owners in accordance with Section 9.05.04 of the Garfield County Zoning Resolution of 1978. Evidence of such notice is on file with the County Clerk. 2. That the meeting before the Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed setback variance has been determined not to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the variance does not constitute the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property. 5. That such relief may not be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution. 6. That the circumstances found to constitute a hardship were caused by the applicant, were not due to or the result of general conditions in the district, and can be practically corrected. 7. That the concurring vote of four (4) members of the Board was necessary to decide in favor of the appellant. Section 2. Request for Variance Denied. The Board of Adjustment does hereby deny the applicant the following variance from the terms of Section 3.9.5 of the Garfield County Zoning Resolution of 1970: A six (6) feet and ten (10) inch variance from the 25 foot rear yard setback thereby reducing the applicable setback to sis (6) feet and two (inches) in order to build an addition to the rear of the existing single-family dwelling unit for a property practically described 0262 Stagecoach Drive, Carbondale, Lot 30 of the ranch at the Roaring Fork, W, Filing 2, Carbondale, Garfield County, Colorado. 2 1111111 11111 1111111 1111 IIII 111111 111111111 11111 1111 1111 670000 03/10/2005 01:15P 81669 P361 M RLSDORF 3 of 3 R 0.00 D 0.00 GRRFIELD COUNTY CO ADOPTED by the Board of Adjustment of Garfield County on the 22nd day of March, 2004. Board Chairperson i Signed this day of .3 / 4 , 2005. Effective Date of action is March 22, 2004. I, 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. acal u Secretary to the B d a Adjustment °L.