HomeMy WebLinkAbout3.0 Draft ResolutionRESOLUTION NO .
Series of 2004
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
D ENYING A 10 FOOT REARY ARD SETBACK VARIAN CE RELATING TO PROPERTY IN
GARFIELD COUNTY WITH A STREET ADDRESS OF 0085 STAGECOAC H CIRCLE AND
A LEGAL DESCRIPTION OF LOT 14, RANCH AT THE ROARING FORK, FILING 1,
CARBONDALE, GARFIELD COUNTY, CO.
WHEREAS , Michael and Barbara Gerber made an application, dated Januaty 15 , 2004,
reque sting to reduce the applicable rear yard setback dimensional requirement from 25 feet to 15
fe et resulting in a variance of l 0 fe e t in order to construct a 309 square foot addition to the rear of
their house; and
WHEREAS , Lot 14 of the ranch at the Roaring Fork, Filing 1 is located in the
Accommodation Resort Planned Development (ARPD) zone district as defined and described in
Section 3 .9 of the Garfield County Zoning Re solutio n of 1970 and the required rear yard setback in
this di s hict is 25 feet; and
WHEREAS, Garfield County i s a legal and political subdivision of the State of C olorado,
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 23, 2004, upon the question of whether the proposed 10 foot variance from the rear yard
setback dimensional requirement of Section 3 .9 .5 of the Garfield County Zoning Resolution of
1970 should be approved, denied , or whether any action should be taken on thi s matter; and
WHEREAS, the Garfield County Board of Adjustment continued the public hearing until
March 22, 2004, where after full deliberations and cons ideration of the evidence and testimony
presented, the Garfield County Board of Adjustment denied the requested 10 foot variance to the
re ar 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.
The Board of Adjustment makes the following findings of fact:
1. The request for this variance was initiated on January 15, 2004 by: Michael and and
Bargara Gerber, represented by Warran Palmer, for property practically described as 0085
Stagecoach Circle and legally described as Lot 14, Ranch at the Roaring Fork, Filing 1,
Carbondale, Garfield County, Colorado.
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.
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 not 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 not constitute the minimum necessary to alleviate such practical
difficulties or undue hardship upon the owner of said property.
6. 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.
7. 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.
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 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 10 foot variance from the 2 5 foot rear yard setback thereby reducing the applicable
setback to 15 feet in order to build a 309 square foot addition to the rear of the existing
single-family for a property practically described 0085 Stagecoach Circle, Lot 14, Ranch at
the Roaring Fork, Filing I, Carbondale, Gwfield County, Colorado.
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