HomeMy WebLinkAbout3.0 Resolution 2007-071111 M'1'1ort~l~',MiU~!,l.:iLlif ·,,~·1r~:lol~'.H~~'Y 11111
Rece?tiontt: 723B07
05/22/2007 10:56:16 RMB: 1928 P: 0761 Jean Rlberico
1 of 3 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
RESOLUTION NO. BoA :(_(J'{) f] -ci 7
Series of 2007
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO, GRANTING A REQUEST FOR VARJANCE OF THE
YARD SETBACK REQUIREMENTS FOR A PROPOSED RESIDENCE IN THE
HERCZEG SUBDIVISION EXEMPTION PLAT, GARFIELD COUNTY,
COLORADO.
RECITALS
1. The Applicant, Stephen Damm, has applied for a building permit to erect a modular home
on a new residence to be located at Lot 5, Herczeg Subdivision Exemption Plat the Plat of
which is recorded January 21, 1997 as Reception No. 378331, Garfield County, Colorado.
2. The Applicant requested a variance of the front and rear yard setbacks of this lot.
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 Jaw, 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 April 16, 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 !,,'Tant the variance request.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADfilSTMENT 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
prope1iy owners and by publication, and others as required by the Zoning Resolution
and by Colorado statue, as shown by the documents submitted into evidence.
3. The meeting before the Board of Adjustment was extensive and complete, all
1111 ~'l~liirt~l'i\,MlLflllf,l~Llotl'l\1. ·t~l•~:lt.~, 1'11'~ ~'Y 11111
Receptiontt: 723807
05122/2007 10:56:16 AM B: 1928 P: 0762 Jean Alberico
2 of 3 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
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 concuning 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 applicant committed to placing a restrictive covenant upon the property shown
as "Part of Lot I Betz Subdivision" on the High Country Engineering. Inc. vicinity
map, and is approximately 20 x 60 feet, which prohibits the construction of any
permanent structure. This restrictive covenant shall be recorded before any permit
is issued for the construction of any improvements on the lot which is the subject of
this Variance.
7. The proposed variance does meet the statutory criteria for the granting of a variance
because:
a. The Lot in question is uniquely shaped, and it presents many practical and
challenging difficulties for the design and construction of a residence,
b. Because of the shape of the lot, a variance can 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 constituting the hardship were not caused by the
applicant, are not the result of general conditions in the district a·nd cannot
be practically corrected, and
d. The applicant's revised design as shown on a plan dated February 22, 2007
by High Country Engineers, combined with the development restriction
commitment set fo11h in Paragraph 6 above is the minimum necessary to
alleviate the practical difficulties and undue hardship.
Section 2. Appeal Granted. The Zoning Resolution requires the concurring vote of four
members to grant a variance. Five members voted unanimously in favor of granting the variance
for the reasons set out above and therefore the variance is granted.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County,
Colorado on April 16, 2007.
ATTEST: BOARD OF ADWSTMENT
By: _.;,L_-. --"~~,IP-~_~'""--""'-~-:s/1-~ 7
Chair ~ Secretary to Board of Adjustment
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Reception~: 723807
05/22/2007 10:56:16 AM B: 1928 P: 0763 Jean Alberico
3 of 3 Rec Fee : $0 . 00 Doc Fee GARF I ELD COUNTY CO
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 April 16, 2007.
Secretary to the Board of Adjustment