HomeMy WebLinkAbout3.0 Resolution BOA 2006-02RESOLUTION NO. ___Bo If-(}.,CC fc -{) ,;l_
Series of 2006
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVJNG A REAR YARD SETBACK AND LOT COVERAGE VARIAN CE FOR A
PROPERTY LOCATED AT 330 VILLAGE DRIVE AND LEGALLY DESCRIBED AS LOTS
41 AND 42, BLOCK 3, RIFLE VILLAGE SOUTH SUBDIVISION, FILING 1, GARFIELD
COUNTY, COLORADO
WHEREAS, Marco & Shelley Carani made an application to the Board of Adjustment (the
"Board") dated March 7, 2006, requesting the Board grant a variance from Section 3.04.06(2) "rear
yard setback" and Section 3.04.05 "maximum lot coverage" of the Garfield County Resolution of
1978, as amended for a property located in the Residential Limited Urban Density (RLUD) zone
district;
WHEREAS, Marco & Shelley Carani, are the owners of real property practically located at
330 Village Drive and legally described as Lots 41 and 42, Block 3, Rifle Village South
Subdivision, Filing 1, located approximately 1h mile south of Rifle, CO which is located in the
(RLUD) zone district and which requires that minimum rear yard setback be 25 (twenty-five) feet
from the rear property line pursuant to Section 3.04.06(2) and which zone district also requires a
maximum lot coverage of 35% pursuant to Section 3.04.05 of the Zoning Resolution of 1978, as
amended;
WHEREAS, Marco & Shelley Carani specifically request the Board grant a variance from
Sections 3.04.06(2) and 3.04.05 of the Zoning Resolution of 1978, as amended for the property
which would effectively reduce the rear yard setback to a minimum of 15 feet and increase the
maximum lot coverage to 39.6%; 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
June 5, 2006, upon the question of whether the requested variances 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 variances by a vote of
six to zero (6 -0).
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NOW, TIIEREFORE, BE IT RESOLVED BY TI-IE 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 by Marco & Shelley Carani on March 7, 2006,
requesting the Board grant a variance from Section 3.04.06(2) "rear yard setback" and
Section 3.04.05 "maximum lot coverage" of the Garfield County Resolution of 1978, as
amended for a property located in the Residential Limited Urban Density (RLUD) 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 variances were 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 variances 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;
8. That the property does not contain exceptional topographic conditions but does contain
other extraordinary and exceptional situations or conditions.
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9. 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 variances from the terms of Sections 3.04.06(2) and
3.04.05 of the Zoning Resolution of 1978, as amended for the property which allows a reduction
to the rear yard setback to a minimum of 15 feet and an increase to the maximum lot coverage to
39.6%;
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the 29th day of January, 2007.
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.
L Soofetary to the BDard of Adjustment