HomeMy WebLinkAbout3.0 Resolution 2008-04f L1' 7— 53 —03 --007
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Receptiont: 753125
07/28/2008 12:39:26 PM Jean Rlberico
1 of 4 Roc Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. Dor+ " pip 8 - o 4
Series of 2008
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR A PROPERTY
LOCATED AT 630 MEADOW CREEK DRIVE, PARACHUTE, CO 81635, DESCRIBED
AND DEPICTED IN ATTACHMENT A.
WHEREAS, James Curtis Sanders made an application to the Board of Adjustment (the
"Board") dated April 22, 2008 requesting the Board grant a variance from the zoning
requirements for a property located in Battlement Creek Village, Section Two, Battlement Mesa
PUD "Residential Density Rural (RDR)" set forth in the enabling Resolution for the PUD;
WHEREAS, James Curtis Sanders is the owner of real property practically located at
630 Meadow Creek Drive, Parachute, CO and which requires a front yard setback of 25 feet
pursuant the zoning requirements for a property located in Battlement Creek Village, Section
Two, Battlement Mesa PUD "Residential Density Rural (RDR)" set forth in the enabling
Resolution for the PUD; and
WHEREAS, James Curtis Sanders specifically requests the Board grant a variance from
the zoning requirements for a property located in Battlement Creek Village, Section Two,
Battlement Mesa PUD "Residential Density Rural (RDR)" set forth in the enabling Resolution
for the PUD, for the property which would effectively decrease the front yard setback from 25
feet to 23'9"; 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 conducted a public hearing on
June 9th, 2008, upon the question of whether the requested variances should be approved,
denied, or whether any action should be taken on this matter; and
WHEREAS, after full deliberations and consideration of the evidence and testimony
presented, the Garfield County Board of Adjustment approved the requested variance by a vote
of five to zero (5 — 0).
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Reception#: 753125
07/28/2008 12:39:26 PM Jean Rlberico
2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 this variance was initiated by James Curtis Sanders on April 22, 2008,
requesting the Board grant a variance from the zoning requirements for a property
located in Battlement Creek Village, Section Two, Battlement Mesa PUD "Residential
Density Rural (RDR)" set forth in the enabling Resolution for the PUD.
2. 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, as amended.
3. 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.
4. That for the above stated and other reasons, the proposed variance was determined to be
in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
5. That the variance does constitute the minimum necessary to alleviate such practical
difficulties or undue hardship upon the owner of said property;
6. That such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the General Plan or this
Resolution;
7. That the circumstances found to constitute a hardship were not caused by the applicant,
were not due to or the result of general conditions in the district, and cannot be
practically corrected;
8. That the property does not contain exceptional topographic conditions and does contain
other extraordinary and exceptional situations or conditions.
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Receptionit: 753125
07/28/2008 12:39:26 PM Jean 8lberico
3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
9. That the concurring vote of four (4) members of the Board was necessary to decide in
against the appellant.
Section 2. Request for Variance Approved.
The Board of Adjustment does hereby approve a variance from the zoning requirements for a
property located in Battlement Creek Village, Section Two, Battlement Mesa PUD "Residential
Density Rural (RDR)" set forth in the enabling Resolution for the PUD;
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield
County on the 21st day of July, 2008.
Chairperson
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.
Sec to the Board of Adjustment
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