HomeMy WebLinkAbout4.0 Resolution 2011-0021111 M'116171AE.11111.1VIA 149' 1014410:1141110.1i111 11111
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03108/2011 11:34:59 RP1 Jean Rlberico
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RESOLUTION NO. BOA 2011- 002
Series of 2011
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GARFIELD COUNTY
APPROVING A VARIANCE FROM THE RESTRICTIVE INNER BUFFER SETBACK
OF 35' FOR A PROPERTY LOCATED AT 4618 CATTLE CREEK ROAD (CR 113)
CARBONDALE, COLORADO, GARFIELD COUNTY
PARCEL NO# 2393-114-00-020
Recitals
A. John Steven and Wewer Keohane (the "Applicants") submitted an application to
the Board of Adjustment of Garfield County, Colorado, (the "Board") requesting the Board grant
a variance from the Unified Land Use Resolution of 2008, as amended ("ULUR"). Specifically,
the Applicant requested a variance to the setback from the Restrictive Inner Buffer of a water
body required per Section 7-203 (A) (1) of the ULUR ("Inner Buffer Setback").
B. Applicants are the owners of real property identified on the Garfield County
Assessors records as Parcel No. 2393-114-00-020, more practically described as 4618 Cattle
Creek Road and encompassing an area of 3.3 acres (the "Property").
C. The Property is contained within the Rural (R) Zoning District and issuance of the
Inner Buffer Setback variance will not affect compliance with the other zone district standards
contained within the ULUR.
D. The Applicants specifically request the Board grant a variance to the Inner Buffer
Setback of 35 feet to 14.89 feet (the "Variance") as indicated on the siteplan 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 Board
and granted it the power and duty to determine whether variances should be granted under
prescribed circumstances.
G. Pursuant to C.R.S. § 30-28-117, the Board conducted a public hearing on January
24, 2011, upon the question of whether the Variance should be approved, denied, or whether any
action should be taken on this matter.
H. At the January 24, 2011 public hearing the Board, after full deliberations and
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consideration of the evidence and testimony presented, approved the Variance from the Inner
Buffer Setback from 35 feet to 14.89 feet.
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 posting and public notice were provided as required for the hearing
before the Board.
2. The hearing before the Board was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were heard at that
hearing.
3. That for the above stated and other reasons made on the record, the Variance has
been determined to be in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County and that it has met the
standards and requirements for approval of a variance pursuant to Article 4, Division
3 of the ULUR, as amended.
4. That a vote of four (4) members of the Board necessary to find in favor of the
Applicant was met.
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. A variance from Section. 7-203(A)(1) of the ULUR to reduce the setback from the
Restrictive Inner Buffer of a water body from 35 feet to 14.89 feet as indicated on the site
plan attached as Exhibit A is granted.
Dated this ay of U0H1 A.D. 20 11 .
ATTEST:
cretto the Board
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GARFIELD COUNTY BOARD OF
ADJUSTMENT, GARFIELD COUNTY,
Chairman
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03/88/2011 11:34:58 RM Jean Rlberioo
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
BRAD JORDAN, CHAIRMAN
TOM MORTON, VICE -CHAIR
JOCK JACOBER, SECRETARY
STEVEN BOAT
Ayer Nye
r Nye
absent , • ye or Nye
DWIGHT NHL
STEPHEN DAMM
absent , Aye or Nye
A-6 or Nye
ye r Nye
T:1Code Enforcement\BOA\KeohanelFinal Resolution-Keohane.doc
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