HomeMy WebLinkAbout3.0 Resolution 2006-011111111 11111 1111111 1111111 11111 111111 111 III 1111
699589 06/08/2006 03:10P 61808 P491 M fLSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
RESOLUTION NO. T361 a00(, - 6
Series of 2006
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
DENYING A 2 FOOT 8 INCH HEIGHT VARIANCE RELATING TO PROPERTY IN
GARFIELD COUNTY HAVING A LEGAL DESCRIPTION OF LOT 11, ST. FINNBAR
SUBDIVISION, CARBONDALE, GARFIELD COUNTY, CO.
Parcel ED: 2391-313-18-011
WHEREAS, Mara and Robert Meyers submitted an application to the Garfield County
Board of Adjustment, dated November 8, 2005, requesting to construct a single-family dwelling
with a height that would exceed the 25 foot height limitation by 2 feet 8 inches resulting in
measured height of 27 feet 8 inches; and
WHEREAS, Lot 11 of the St. Finnbar Subdivision is located in the Agricultural /
Residential / Rural Density (ARRD) zone district as defined and described in Section 3.2 of the
Garfield County Zoning Resolution of 1978, as amended, and the required residential building
height in this district is limited to 25 feet as measured pursuant to Section 2.02.09 of the Zoning
Resolution of 1978, as amended, as the following:
The distance, measured vertically, from the undisturbed or natural ground surface at
the mid -point between the front and rear walls of a building to the top of a flat roof or
mansard roof or to the mid point between the eave line and the peak of a gable, hip,
shed or similar pitched roof.
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 opened a public hearing on
January 9, 2006, upon the question of whether the proposed 2 foot 8 inch variance from the 25
foot maximum height limitation should be approved, denied, or whether any action should be
taken on this matter; and
WHEREAS, where after full deliberations and consideration of the evidence and testimony
presented, the Garfield County Board of Adjustment denied the requested variance by a vote of
three to two (3 - 2).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, COLORADO:
1 111111 11111 11111 1111 11111 1111111 111 11111 1111
699589 06/08/2006 03:10P 61808 P492 M RLSDORF
2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. The request for this variance was initiated on November 8, 2005 by Mara and Robert
Meyers, represented by Dan Taylor, for property legally described as Lot 11 of the St.
Finnbar Subdivision, 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 height 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 requested 2 foot 8 inch height
variance from the terms of 3.02.07 of the Garfield County Zoning Resolution of 1978, as
amended, where the required residential building height in this district is limited to 25 feet as
measured pursuant to Section 2.02.09 of the Zoning Resolution of 1978, as amended.
2
11,11111111111111111166111111111111111111111111111111111
699589 06/08/2006 03:10P B1808 P493 M ALSDORF
3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of Garfield County
on the 6.1/41 day of -v .— 2006.
..e-1710
Chairperkbn
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 Bo ahfl of Adjustment
3