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Home My WebLink About4.0 BOA Resolution1111 fk11rinitou !vim.ii lm1li11 iv,i >'iii 11111 Reception#: 895737 0B/0312017 01:43:50 PM Jean F1lberico 1 of 6 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NO. 3 Series of 2017 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY APPROVING A VARIANCE FROM THE FRONT YARD SETBACK FOR PROPERTY LOCATED AT 0079 FOX RUN ROAD APPROXIMATELY 1.5 MILES WEST OF THE TOWN OF SILT, OFF OF COUNTY ROAD 216, IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6th P.M., GARFIELD COUNTY PARCEL NO# 2179-053-00-011 Recitals A. Julie and Christopher Dunn (Applicants) made an application to the Board of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant a variance from the Land Use and Development Code, as amended (LUDC), Table 3-201, Zone District Dimensions front yard setback for the Rural (R) Zone District. B. The Applicants are the owners real property as identified in a Deed recorded at Reception No. 476802 in the Office of the Garfield County Clerk & Recorder, known as 0079, Fox Run, Silt, Colorado and further described in Exhibit A. C. The subject property is zoned Rural (R), pursuant to the LUDC and issuance of the requested variance will not affect the requirement that the parcel complies with the remaining zone district standards contained within the LUDC. D. The Applicants request the Board grant a variance from the required 25 ft. front yard setback to allow a reduction to a 10 ft. front yard setback for a portion of their proposed garage, as shown on the site plan attached as Exhibit B. 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. G. The Board conducted a public hearing on June 26, 2017, upon the question of whether the requested variance should be approved, denied, or whether any action should be taken on this matter, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board closed the public hearing on the 26th day of June, 2017 to make a final decision. 1 ■111 mFdrmoh inion 1ii4hri aminiemo,11 If! Reception#: 895737 081D212017 01:43:50 PM Jean A16erico 2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of Adjustment. 2. The hearing 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. That for the above stated and other reasons the Dunn application for a variance from the front yard setback submitted by Julie and Christopher Dunn is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including the Variance Review Criteria contained in Section 4-115 (C). 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. B. The Dunn Front Yard Variance Request is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval. 2. The variance is granted for the proposed garage construction only as detailed on the site plan. The garage shall maintain a minimum setback of 17 ft. from the edge of the travel lane of Fox Run and 10 ft. from the edge of the easement. Only the approximately 247 sq.ft. of the garage footprint, at the southeast corner of the garage shall be permitted the reduced setback and the balance of the garage shall maintain the normal 25 ft. setback. 3. That access to the garage shall utilize the existing main driveway access to the site and single family residence, with no direct access from the garage onto Fox Run permitted. Backing movements onto Fox Run shall be eliminated as a result of the new garage construction, new circulation configuration and variance approval. 2 1II1 FLIE17Kr1 INI1 L4hL LI"!' 7I'frJRN:1h 111 Yi h 11111 Recept i on# : 895737 09/03/2017 01:43:50 PM Jean Albarioo 3 of 6 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 4. The new construction shall comply with all Building Code requirements including foundation engineering. 5. Lighting on the garage shall comply with the Land Use and Development Code, Section 7- 304. Dated this 26th day of June, A.D. 2017. ATTEST: Sean Mello Secretary to the Board GARFIELD COUNTY BOARD OF ADJUSTMENT, GARFIELD COUNTY, COLORADO Brad Jor Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: BRAD JORDAN, CHAIRMAN SEAN MELLO, SECRETARY JARMAN SMITH MATT LANGHORST, VICE-CHAIRMAN DANIEL ADAMS RICK ULLOM (non-voting) RUSSEL TALBOT (absent) DWIGHT JUHL (absent) STEVEN BOAT (absent) , Aye , Aye , Aye , Aye , Aye 3 11111UATIK MIAla P r1UF `AVI1 4kIAY4r 11111 Reception#: 895737 08/03/2017 01:43:50 PM Jean Rlberlco 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" Legal Description A PARCEL OF LAND SITUATE IN THE NE1/4NE1/4SW1/4 AND THE NW1/4NW1/4SE1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 671 PRINCIPAL MERIDIAN; SAID PARCEL OF LAND LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 216 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SECTION 5, 6, 7 AND 8 OF SAID TOWNSHIP AND RANGE; THENCE N. 45 DEGREES 51' 37" E. 2850.73 FEET; THENCE ALONG AN EXISTING FENCE N. 42 DEGREES 38' 00" E. 260.00 FEET TO THE TRUE POINT OF BEGINNING, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N. 00 DEGREES 43' 00" W. ON THE WEST LINE OF SAID SECTION 5; THENCE CONTINUING ALONG SAID EXISTING FENCE N. 42 DEGREES 38' 00" E. 285.00 FEET; THENCE N. 88 DEGREES 34' 14" E. 457.66 FEET; THENCE S. 34 DEGREES 20' 17" W. 265.01 FEET; THENCE S. 89 DEGREES 44' 24" W. 501.07 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ As described in a deed conveying said property to Julie Dunn and Christopher Dunn, recorded on April 18, 1995 at Reception No. 476802 with the Garfield County Clerk and Recorder. 4 • 11 Z;o 1• '6d ueld al!S 81181 HX3 9 O v k b. EuEl • '?n • PZet r ta \ N. `\ \ N. 1 ACT• S �\ \a IP',.. ''.. N. mot `... 's. 4 4• 00 A1N000 0131A8bD 00'0:ead 000 00'0$'eed 008 9 10 9 ooTJegltl neer Wd 09:Eb:10 LIOZ/E0/80 L£L968 :#UO Tioa°au 11111 'VU 1110117 idi 1111 ■III[��°��M��IW�II`ir�LVJ��E�k`�h��t14�I�Ji�'l�W , 11(11 Reception#: 895737 08103/2017 01:43:50 PM Jean Alberlco 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B Site Plan pg. 2 of 2 al • 4:1 6