HomeMy WebLinkAbout3.0 Resolution 2007-0511111 w~ 11i 1Lii~MIL~~ 1"1' ,lr/o:~ni'a' I~~ Ml~ II II I
l~eceplion**: 719022 02 P·0780 Jean l=llberico
03/15/2007 02:~9$0:0900 P~o~:~;e: GARFIELD COUNTY CO 1 of 3 Rec Fee. ·
RESOLUTION NO. BoA d.oo'l-0 s"
Series of 2007
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO, DENYING A REQUEST FOR VARIANCE OF THE
YARD SETBACK REQUIREMENTS FOR A PROPOSED RESIDENCE IN THE
HERCZEG SUBDIVISION EXEMPTION PLAT, GARFIELD COUNTY,
COLORADO.
RECITALS
I. 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 side and front 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 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 I. Findings ofFact. 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 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
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03/15/2007 02:29:09 PM 8:1902 P:0781 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 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 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 might 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 might constitute a "hardship" existed when Lot 5
of the H. Exemption was approved with the same zoning and same set
requirements in place as now exist; however
d. The request before the Board of Adjustment, although one possible solution
to the problem. Applicant's design is not the "minimum necessary to
alleviate"the practical difficulties or undue hardship. There are several other
possible configurations of a residence which would have less impact upon
the neighborhood and the zoning regulations. However, the only matter
before the Board of Adjustment at this noticed Public Hearing is a decision
on the application as submitted.
Section 2. Appeal Denied. The Zoning Resolution requires the concurring vote of four
members to grant a variance. Five members voted unanimously against granting the variance for
the reasons set out above and therefore the variance is denied.
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County,
Colorado on January 29, 2007.
ATTEST: BOARD OF ADWSTMENT
By:ct}~
Brad Jur_-daii, Acting Chair
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Reception~: 719022
~3/15/2007 02:29:09 PM 8:1902 P:0782 Jean Rlberico
3 of 3 Rec Fee:$0.00 Doc Fee: GRRFIELD 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 January 29, 2007.
Secretary to the Board otJ.,lljustment