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Home My WebLink About2.0 Resolution 2008-06.pdf'1111 W.i.,:iid"i.',',p.TA~JlHlhlil,ll'l:~liPr..'tlil!Cllii~ ~·'111111 Reception~: 771267 07113/2009 03:39:08 PM Jean Alberico 1 of 3 Rec Fee:$0.00 Doe Fee:0.00 G~RFlELO COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of Adjustment for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administrative Building, in Glenwood Springs on, Monday, the 21" day of July A.O. 2008, there were present: Leo Jammaron Member Chairman Steve Boat Member Tom Bamabic Member Dwight Juhl • Member Steve Damm Member Tom Morton • Member Julie Hanson Attorney for the BOA Carolvn Dahlgren • Deputy County Attorney when the following proceedings, among others were had and done, to-wit: 1?,eA- RESOLUTIONNO. 2008-06 A RESOLUTION OF TIIB BOARD OF ADJUSlMENT OF GARFIEID COUNTY APPROVING A SETBACK VARIANCE FOR A PROPERTY LOCATED AT 1555 COUNTY ROAD 129 (NO NAME LANE) IN GARFIELD, CO Parcel NO# 2185-021-00-005 Recitals A. Steven and April Carver submitted an application to the Garfield County Board of Adjustment requesting a variance to construct a covered deck which is attached to their existing single-family dwelling. The applicant currently has a legal non-oonforming deck which they would like to replace using the existing footprint and add a roof. Adding the roofing to cover the deck causes the need for the variance request; B. The subject property owned by Steven and April Carver is located at 1555 County Road 129 (AKA "No Name Lane") in Garfield County in Section 2, Township 6 South, range 89 West and is located in the Residential I Limited I Suburban Density Zone District; C. Section 3.03.06 of the Garfield County Zoning Resolution of 1978, as amended requires a Front Yard Setback as the following: §3.03.06-RLSD front yard setback-local streets: fifty (50) feet from street centerline or 't 1111 Wll'.i.,:i'l1l"",'·~~NIW l'lll'('rllv.~ffoft:l'll~ ~·~ 11111 Reception#: 771267 07/1312009 03:39:08 PM JeAn Alberico 2 of 3 Rec Fee:S0.00 Doc Fee:0.00 GRRFIELD COUNTY CO twenty-jive (25) feet from front lot line, whichever is greater; D. Garfield Cowity is a legal and political subdivision of the State of Colorado, for which the Board of Cowity Commissioners is authorized to act; and E. Pursuant to law, the Board of Cowity Commissioners of Garfield Cowity has appointed the Garfield Cowity Board of Adjustment; and F. The Garfield Cowity Board of Adjustment opened a public hearing on July 21, 2008, upon the question of whether the front yard setback variance should be approved, denied, or whether any action should be taken on this matter; and G. The Board of Adjustment on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 2 1. The request for this variance was initiated by Steven and April Carver, located at 1555 County Road 129 (AKA No Name Lane) in Garfield Cowity in Section 2, Township 6 South, range 89 West and is located in the Residential I Limited I Suburban Density Zone District. 2. Proper notice of the proposed variance has been provided to surrowiding property owners in accordance with Section 9.05.04 of the Garfield Cowity Zoning Resolution of 1978, as amended. Evidence of such notice is on file with the County Building and Planning Department. 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 front yard setback variance has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield Cowity. · 5. That the variance constitutes the minimum necessary to alleviate such practical difficulties or widue hardship upon the owner of said property. 6. That such relief is granted without substantial detriment to the public good and without substantially impairing the intent and pw:pose 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. 1111111' .. ~:1'111\l,',W~~ Nl,ll!t'rrlf.lr~:wlr.l.IJI.~'~ 11111 Reception#: 771267 07113/2009 03:39:09 PM Jean ~lba~lco 3 of 3 Rec F••:$0.00 Doc F•e:0.00 GARFIELD COUNTY CO 8. That the concurring vote of four ( 4) members of the Board was necessary to decide in favor of the appellant. RESOLUTION NOW, TIIBREFORE, BE IT RESOLVED BY Tiffi BOARD OF ADJUSTMENT OF GARFIELD COUNTY, COWRADO: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Board of Adjustment does hereby approve (by a vote of 6 to 0) the requested front yard setback variance from the terms of 3.03.06 of the Garfield County Zoning Resolution of 1978, as amended, such that the applicant shall be allowed to construct a covered deck as a replacement to an existing uncovered deck that does not exceed the square footage of the existing deck. INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County on the 'l+-\o. day of -;r '-'\'I , 2009. ATIEST: GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COW RADO ~ --------·· ,c.1JJ(l/&~1)J-~ . --/ --d/b..~~ t/ Secretary of the Board cbairnllUV Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Leo Jarnmeron , Aye Steve Boat , Aye Tom Barnabic Aye Dwight Juhl , Aye Steve Damm Aye Tom Morton , Aye 3