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RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A FRONT YARD SETBACK VARIANCE
FOR GARY FELDMAN
Resolution No. 2003 -15
WHEREAS, Gary Feldman owner of 4076 Lower River Road is requesting a 30 foot Front
Yard setback variance for the construction of a single - family residence and garage; and
WHEREAS, 30 feet is required for this 21,380 square foot lot in the AFR -10 Zone District;
and
WHEREAS, the parcel is described in Exhibit A; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such
variances by virtue of Title II, Section 7- 10.30, Pitkin County Code (Land Use Code) and
Colorado Revised Statutes, 1973, 30 -28- 118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has
not been demonstrated.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will
not substantially impair the intent and purpose of the Zoning Resolutions and the zoning
maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 30 foot Front
Yard Setback Variance be granted for the construction of a single - family residence and
garage as shown on Exhibits B and C due to topographic constraints, but subject to the
Community Development Department receiving the Affidavit of Posting.
WARNING: Any violation of the terms of this resolution may result in rehearing and
possible revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin,
State of Colorado.
DATED: September 2, 2003
ATTEST:
d
Joanna S. S haffner, date
County Zoning Officer
The Board of
Chairperson
of
w -ate
date
EXHIBIT "A"
A part of Lot 7 in Section 6, Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin
County, Colorado, described as follows:
Beginning at a point on the Westerly right of way line of the Denver and Rio Grande Western Railroad
Company's Aspen Branch from which the Northwest Comer of said Section 6 bears North 71 °10'07 ""
West, 1060.41 feet, more or less;
thence South 27 °30' East, along said railroad right of way line, 861.54 feet to the true point of beginning;
thence South 27 °30' East, along said railroad right of way line, 50 feet;
thence South 28 °08' East, along said railroad right of way line, 171.92 feet;
thence South 69 °15'30 "" West, 94.60 feet, more or less, to a point in the center of the Roaring Fork
River;
thence Northerly, along the center of the Roaring Fork River, 193.41 feet more or less, to a point from
which the true point of beginning bears North 51 °22'52 "" East;
thence North 51 °22'52 "" East 100.18 feet, more or less, to the true Point of Beginning.
County of Pitkin, State of Colorado
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