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R RESOLUTION NO. 1
(SERIES QF 2003)
A RESOLUTION OF THE GARFIELD COUNTY BOARD OF REVIEW
DENYING AN APPEAL OF A DECISION OF THE GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT TO TERMINATE BUILDING
PERMITS 6907 AND 6911, RELATING TO PROPERTY IN GARFIELD
COUNTY, COLORADO.
WHEREAS, Dale Eubank LLC, the owner of the property therein described, was granted
building permits no. 6907 and 6911, for the construction. of storage and warehouse buildings located
at 1678 County Road 100, Carbondale, Garfield County, Colorado; and
WHEREAS, Garfield County is a legal andpolitical 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
adopted building codes for the public health, safety and welfare; and
WHEREAS, the above referencedbuilding permit applications were made at the time that the
Uniform Building Code, 1994 Edition, was in full force and effect; and
WHEREAS, the Board of County Commissioners has appointed a Board ofReview to review
certain actions taken by the Garfield County Building Official, under the provisions of the Uniform
Building Code; and
WHEREAS, on June 10, 2003, Andrew Schwaller, acting in his capacity as the Building
Official for Garfield County, determined that the building permits 6907 and 6911 had expired because
he found that the work authorized by this permit had been either suspended or abandoned for aperiod
of at least 180 days, as provided in Section 106.4.4 of the Uniform Building Code; and
WHEREAS,tbe Garfield County$oard ofReview conducted apublic hearing on August 18,
2003; and
WHEREAS, after full deliberation and consideration.of the evidence and the testimony
presented, the' Garfield County Board of Review affirmed the action of the Building Official and
declared that the building permits have expired.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF REVIEW OF GARFIELD
COUNTY, COLORADO:
Baird of Review Resolution 1 August 20, 2003
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Section 1. Findings of Fact '
1. The request for review•was initiated by Dale Eubank, LLC by letter from its attorney,
Larry Green, dated June 18, 2003. This letter seeks review of a decision made by the Building
Official on June 10, 2003, declaring that Building Permits 6907 and 6911 had expired.
2. Proper notice ofthe meeting was given to the applicant, and to the Building Official.
3. The meting before the Board of Review was extensive and complete, all pertinent
facts, matters and issues were submitted and all interested parties were heard at that meeting,
including the applicant, its counsel ofrecordand its consultant, the Building Official, and the County
Attorney.
4. Based upon its independent analysis from the testimony presented of the progress
made toward the completion of the storage and warehouse structures under the building permits
referenced above, the Board of Review concludes that there has been no substantial work on the
buildings in question, and that for at least 180 days, the work has been either suspended or
abandoned, according to the plain meaning of those terms, as they are incorporated in Section 106.4.4
of the 1994 Uniform Building Code.
S. This analysis conforms to the decision of the Building Official.
6. The applicanthas asked the Board ofReview to in. some fashion modify the provisions
in Section 106.4.4 of the Uniform Building Code, 1994, Edition, by adding language which would
provide a more objective definition of the terms "suspended or abandoned." Neither the Board of
Review, nor the Building Official, have the authority to do so.
7. For the reasons set out above, the Board of Review concludes that the actions of the
Building Official in declaring that the building permits referenced above have expired is affirmed, and
determines that they are null and void as provided in Section 106.4.4 oftheUniform Building Code,
1994 Edition.
Section 2. The Board of Review therefore denies the appeal filed by the applicant from the actions
of the Building Official, and declares that the building permits referenced in this Resolution have
expired, and become null and void.
Section 3. This action shall not prejudice the rights of the applicant to apply for new building
permits for structures to be located upon this property.
Boudo[Reriew Resolution
2 Alignst 26, 2093
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Dated this b day of August, 2003, effective as of August 18, 2003.
By:
ATTEST: -(4 60fr,01/4
-
Secretary to the B
of Review
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
BOARD OF REVIEW
The undersigned duly appointed and acting Secretary to the Board ofReview hereby certifies
that this is a true and accurate copy of a Resolution adopted by the Board of Review of Garfield
County, Colorado, at a meeting held on the day and month stated therein.
Secretary to the Board of Review
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Board ofReview Resolution 3
Anqusl20, 2003
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