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HomeMy WebLinkAboutResolution Regarding VarianceIII MAMMA4Wi;1011MENUr' !}1i r1i4114 , SRI Recrt 11an11: a9@7e8 1or42s11 (:66:22 Ph J r alburloo 1 of 4 1U Fon:IR. oa Dom FeQ;0.40GARFfELO COUNTY CO RESOLUTION NO. 02 Series of 2017 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY APPROVING A VARIANCE FOR MINIMUM FRONT YARD SETBACKS ALONG UTE AVENUE AND COMANCHERO TRAIL FOR A PROPERTY LOCATED AT 5 UTE AVENUE IN ELK CREEK DEVELOPMENT, NORTHWEST OF THE TOWN OF NEW CASTLE, GARFIELD COUNTY PARCEL NO# 2125-251-02-01 Recitals A. Petronilo Carmona Gonzalez made an application to the Board of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant variances from the 2013 Land Use and Development Code, as amended (LUDC), Table 3-201, Zone District Dimensions. B. Petronilo Carmona Gonzalez is the owner of real property as identified in a Warranty Deed recorded at Reception No. 866820 in the Office of the Garfield County Clerk & Recorder, more practically described as 5 Ute Avenue, Portions of Lot 1 and 2, Block 3, Unit One of the Elk Creek Development. C. The subject property is contained within the Residential Mobile Home Park Zone District and issuance of the requested variance will not effect the requirement for the parcel to comply with the remaining zone district standards contained within the LUDC. D. Petronilo Carmona Gonzalez specifically requests the Board grant variances from the required 25 foot front yard setback along Ute Avenue to allow for an encroachment of 9.6 feet and along Comanchero Trail to allow for an 11.7 feet encroachment into the setback as indicated on the site plan attached as Exhibit A. E. Garfield County is a legal and political subdivision of the State of Colorado, for which the Board of County Commissioners is authorized to act. F. The Board of County Commissioners of Garfield County has appointed the Garfield County Board of Adjustment. H. The Board of Adjustment conducted a public hearing on February 27, 2017, upon the question of whether the requested variance should be approved, denied, or whether any action should be taken on this matter. This public hearing was continued to March 27, 2017 so that the Applicant could address issues raised by the Board of Adjustment. I. The Board of Adjustment conducted a continued public hearing on March 27, 2017, upon the question of whether the requested variance should be approved, denied, or whether any action 1 should be taken on this matter. ■Iii r 11 HI Rectpptlan8: 898708 0t!3ff/2D 7 ff1:N:22 IM J .n A1barkt* 7 aI 4 Re6 PL:$6•98 OwsFee,C.00 O RFIELa COUNTY CO 1. Proper posting and public notice were provided as required for the meeting before the Board of Adjustment. 2. 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. 3. For the above stated and other reasons, the proposed Variance has been determined to be in the best interest of the health, safety and welfare of the citizens of Garfield County. 4. The application has met the standards and requirements for Variance pursuant to the 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 1. The Variance from Table 3-201, Zone District Dimensions, 25 foot front setback from Ute Avenue permitting a 9.6 foot encroachment and an 11.7 foot encroachment on ComancheroyTrail is hereby approved subject to the compliance with Exhibit A. Dated thisC��1 qday of NSNar_\(\ , A.D. 20X_. ATTEST: Secretary to the Board GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COLORADO Chairmar�� Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: BRAD JORDAN, CHAIRMAN STEPHEN DANA/1, VICE-CHAIRMAN SEAN MELLO. SECRETARY 7 J R Nay R Nay R Nay Ay_=iallzbaty. 2 MATT I.ANQHORST WASSIEFF DWIGHT JUHL SX-IPAWB II]i I.rI�IG�flhfMLlih�F�I���A�i�7�IR�htl�Y�h 11 Ili ReoepiionU: 890728 03!3012017 01:00.22 P11 Sean R1berico 3 ofd Rao Fee:$3.00 Elco Fce:0-00 GARF1B.O COUNTY CO 3 sRNay R Nay 3