HomeMy WebLinkAbout3.0 Conditions of ApprovalI
December 2, 2003
Joanna Domalik
0058 Peach Court
New Castle, Colorado 81647
RE: Variance for Side Yard Setback
Dear Joanna,
Garfield County
BUILDING & PLANNING DEPARTMENT
As you are aware, on Monday, December 1, 2003, the Garfield County Board of Adjustment moved
to approve your variance request by a unanimous vote of 4 to 0 to reduce the side yard setback
standard from 10 feet to 6. 73 feet on the west side yard and 6.61 feet on the east side yard in order to
allow the manufactured home to remain on the lot. I will alert the County Code Enforcement Officer
to your variance approval so that enforcement action will be terminated.
Please note, you are still required to obtain a building permit from the Building Department for the
foundation. I understand your contractor, Bill Lang, is working on this issue. You will need to follow
up with Andy Schwaller in our office for your building permit.
Please do not hesitate to contact this office in the event you have any questions.
Very truly yours,
cc. Steve Racket, County Code Enforcement Officer
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
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RESOLUTION NO.
Series of 2003
' A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A SIDE YARD SETBACK VARIANCE FOR A PROPERTY LOCATED AT
0058 PEACH COURT AND LEGALLY KNOWN AS LOT 12, BLOCK 5 OF THE MOUNTAIN
SHADOWS SUBDIVISION, GARFIELD COUNTY, COLORADO
WHEREAS, Joanna Domalik made an application to the Board of Adjustment (the
"Board") dated September 22, 2003, requesting the Board grant a variance from Section 3.11.03(3)
"side yard setback" of the Garfield County Resolution of 1978, as amended;
WHEREAS, Joanna Domalik, is the owner of real property described as Lot 12, Block 5 of
the Mountain Shadows Subdivision, Garfield County, Colorado which is located in the Residential
Mobile Home/ General I Urban Density (RMH/G/UD) zone district which requires that
minimum side yard setbacks be 10 (ten) feet from side lot line or one-half (Yi) the height of the
principal building, whichever is greater pursuant to Section 3.11.06(3) of the Zoning Resolution
of 1978, as amended;
WHEREAS, Joanna Domalik specifically requests the Board grant a variance from Section
3.11.06(3) of the Zoning Resolution of 1978, as amended for her property which would
effectively reduce the west side yard setback to a minimum of 6. 73 feet and reduce the east side
yard setback to a minimum of 6.61 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 conducted a public hearing on
December 1, 2003, upon the question of whether the proposed variance from the east and west
side yard setbacks 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 from the east
and west side yard setbacks 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.
The Board of Adjustment makes the following findings of fact:
1. The request for this variance was initiated on September 22, 2003 by Joanna Domalik for
property practically described as 0058 Peach Court and legally described as Lot 12, Block
5 of the Mountain Shadows Subdivision, Garfield County, Colorado which is also located
in the Residential Mobile Home/ General I Urban Density zone district;
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. Evidence of such notice is on file with the County Clerk.
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 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 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 can be practically
corrected; and
8. 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 Approved.
The Board of Adjustment does hereby approve the following variance from the terms of Section
3 .11. 06(3) of the Garfield County Zoning Resolution of 1978, as amended:
A variance from Section 3.11.06(3) of the Zoning Resolution of 1978, as amended for a
property owned by Joanna Domalik and legally described herein which effectively reduces the west
side yard setback to a minimum of 6. 73 feet and reduces the east side yard setback to a minimum of
6.61/eet.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the day of , 2004.
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.
Secretary to the Board of Adjustment