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RESOLUTION NO. BO4 2Cc'1
Series of 2007
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A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO, DENYING A VARIANCE REQUEST FOR A
PROPOSED GARAGE IN THE TOWNSITE OF COOPERTON, AT 1227
COUNTY ROAD 106, CARBONDALE, GARFIELD COUNTY, COLORADO.
RECITALS
1. The Applicant, Gregory A. Forbes, has applied for a building permit to replace an existing
shed with a single car garage at property located in Lots 5, 6 and 7, Block 14, Townsite of
Cooperton, Garfield County, Colorado, also known and described as 1227 County Road 106,
Carbondale, Colorado.
2. The Applicant requests a variance from the County's setback requirement set out in Section
3.04.06 of the Zoning Resolution of 1978, as amended, which requires that all structures
constructed at least twenty-five feet from the front lot line.
3. Garfield County is a legal and political subdivision of the State of Colorado for which the
Board of County Commissioners is authorized to act.
4. Pursuant to law, the Board of County Commissioners of Garfield County, Colorado, has
appointed the Garfield County Board of Adjustment, and vested the Board of Adjustment
with the power and duty to determine whether variances should be granted from the
application of the Zoning Resolution, under prescribed circumstances.
5. The Applicant filed a timely request for a variance with the Board of Adjustment.
6. The Garfield County Board of Adjustment conducted a hearing on January 29, 2007 to
determine whether or not this variance should be granted.
7. The Garfield County Zoning Resolution of 1978 requires that the concurring vote of four
members of the Board shall be necessary to grant a variance. After full deliberation and
consideration of the extensive evidence and testimony presented, the Garfield County Board
of Adjustment voted 5-0 to deny the variance request.
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 a variance was timely filed.
2. All notices required by law were properly given by certified mail to adjoining
property owners and by publication, and posted as required by the Zoning
Resolution and by Colorado statue, as shown by the documents submitted into
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• evidence. Despite the allegation in a letter from an adjoining property owner that the
notice was hidden behind a parked car, the Board finds that the notice was properly
posted as required by law.
3. The meeting before the Board of Adjustment was extensive and complete, all
pertinent facts, matter and issues were submitted to and considered by the Board of
Adjustment. All interested parties were afforded an opportunity to be heard at the
meeting.
4. The matters set forth above under "Recitals" are incorporated herein as specific
findings of fact.
5. The concurring vote of four members of the Board would be necessary to decide in
favor of the Applicant. Five members were present at the meeting.
6. The proposed variance does not meet the statutory criteria for the granting of a
variance because:
a. The request is not for the "minimum (variance) necessary to alleviate" any
practical difficulties or undue hardship, and no practical difficulty or
hardship exists,
b. The 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 the Zoning Resolution, and
c. The circumstances which the applicant claims constitute a "hardship" are
caused by the Applicants' decision to place the garage on the location of a
current non -conforming existing building. With minimal planning, the garage
could be placed elsewhere on the lots owned by the Applicant without
interfering with his use of this property, including obtaining passive solar
heat and views of Mt. Sopris.
Section 2. Appeal Denied. The Zoning Resolution requires the concurring vote of four
members to grant a variance. Five members voted against granting a variance and it is therefore
denied.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County,
Colorado on January 29, 2007.
ATTEST:
Secretary to Board of
ustment
BOARD OF ADJUSTMENT
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STATE OF COLORADO
) ss.
COUNTY OF GARFIELD )
I, the undersigned duly appointed and acting Secretary to the Board of Adjustment do hereby
certify that the foregoing is a true and accurate copy of a Resolution adopted by the Board of
Adjustment of Garfield County, Colorado, at a meeting held on January 29, 2007.
Secretary to the Boa