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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
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should be taken on this matter.
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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
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