HomeMy WebLinkAbout3.0 Resolution 2005-011 111111 11111 1111111 11111 111 I I I i iri 111111111111111111111
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RESOLUTION NO. .30H oo5' 0/
(Series of 2005)
A RESOLUTION OF THE GARFIELD COUNTY BOARD OF ADJUSTMENT
GRANTING A REQUEST FOR A VARIANCE FOR THE METHOD OF
CALCULATING ELEVATIONS WITHIN THE FLOODPLAIN, CONCERNING
CERTAIN REAL PROPERTY LOCATED IN LOT 6, FILING NO. 5, ASPEN
GLEN PLANNED UNIT DEVELOPMENT (PUD), GARFIELD COUNTY,
COLORADO.
FINDINGS OF FACT
1. Ravana Family Partners, LP filed an application with Garfield County, Colorado, to
construct a single-family residence on approximately .542 acres of vacant land located in the County
of Garfield, State of Colorado and described as follows:
Lot 6, Filing No. 5, Aspen Glen Planned Unit Development (PUD)
2. As part of an application for a building permit, the owners learned that the definition
of "building height" in Section 2.02.09 of the Zoning Resolution of 1978 is measured from the
undisturbed or natural ground surface. Because of the unusual topography of the applicant' s lot,
the applicant sought a variance to permit the measurement of "building height" from the newly
adjusted finished grade where the fill was required to be placed as a result of the County's flood
plain regulations.
3. Garfield County is a legal and political subdivision of the State of Colorado, the
Board of County Commissioners is authorized to act in this matter; and pursuant to law the Board
of County Commissioners has appointed the Garfield County Board of Adjustment.
4. The Garfield County Board of Adjustment conducted a public hearing on Monday,
April 25, 2005 to determine whether or not the proposed variance for the methodology of calculating
the "building height" should be approved or denied.
5. Proper notice of the variance hearing has been provided to the surrounding property
owners in accordance with Section 9.05.04 of the Garfield County Zoning Resolution of 1978, and
the owners representative, Brad Jordan, appeared at the hearing. Evidence of the proper filing of
notice is on file with the clerk of the Board of Adjustment.
6. At the hearing, Mr. Jordan, who is also a member of the Board of Adjustment,
recused himself, and did not participate in the hearing, other than to present the views of the
applicant.
7. The hearing and meeting before the Board of Adjustment was extensive and
omplete, and all pertinent facts, matters and issues were submitted and all interested parties were
'ard at that meeting.
8. The variance sought constitutes the minimum necessary to alleviate the practical
'ilties or undue hardship upon the owners of the property.
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9. The variance requested may be granted without substantial detriment to the public
good, and will not substantially impair the intent and purpose of the Garfield County Comprehensive
Plan, or the Garfield County Zoning Resolution.
10. The circumstances found to constitute the hardship were caused by the inconsistencies
between the Garfield County Zoning Regulations and the flood plain regulations. This was not due
to the result of general conditions in the zone district or in this area, and the circumstances could not
practically be corrected without the granting of a variance.
11. The Board of Adjustment finds it significant that the Aspen Glen Homeowners
Association Design Review Committee has considered this matter, and recommends approval of the
variance.
12. For these and other reasons, the proposed modification of the manner by which the
building height is measured, that is to permit in this case "building height" to be measured from the
newly adjusted finished grade, as set out in the documents submitted to the Board of Adjustment,
is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
13. An affirmative vote of four members of the Board is necessary to decide in favor of
the applicant. With Mr. Jordan recusing himself, four of the members of the Board of Adjustment
voted in favor of granting the application.
ORDER
The Board of Adjustment, by a vote of four to zero, hereby adopts the foregoing Findings of
Fact and based thereon hereby grants the application for variances described above.
Signed and dated this 8 - day of June, 2005, as of April 25, 2005.
By:
GARFIELD COUNTY BOARD OF ADJUSTMENT
Chairman
Secretary