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HomeMy Public PortalAboutZBA Resolution 2012-07-01 Rozas Variance TOWN OF FRASER ZBA RESOLUTION NO. 2012-07-01 A RESOLUTION APPROVING A VARIANCE REQUEST FOR KENNETH & GERTRUDE ROZAS, TO CONSTRUCT A GARAGE AS THE PRINCIPAL USE STRUCTURE AT 837 QUAIL DRIVE, VICTORIA VILLAGE SUBDIVISION, BLK M, LOT 1, TOWN OF FRASER. WHEREAS,the Fraser Zoning Board of Adjustment held a public hearing on the variance application on Wednesday, July 11, 2012;and WHEREAS, the Fraser Zoning Board of Adjustment considered the following provisions of the Fraser Municipal Code: 1. That satisfactory proof has been presented to the Board of Adjustment showing that the present or proposed situation of a requested building, structure or use is reasonably necessary for the convenience or welfare of the public. 2. That the variance which is requested would not authorize any use other than uses enumerated as a use by right of the district. 3. That an unnecessary hardship to the owner would be shown to occur if the provisions of this (zoning) Chapter were to be literally followed. 4. That thecircumstances found to constitute a hardship either were not created by the owner, or were in existence at the time of the passage of the initial ordinance codified herein, and cannot be reasonably corrected. 5. That the variance would not injure the value, use of or prevent the proper access of lighted air to the adjacent properties. 6. That the variance would not be out of harmony with the intent and purpose of this (zoning) Chapter. WHERES, the Fraser Zoning Board of Adjustment shall have the authority to grant variances from the provision of the Fraser Zoning Code. NOW THEREFORE, BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENTOF THE TOWN OF FRASER, COLORADO THAT: 1.The Zoning Board of Adjustment of Fraser, Colorado hereby authorizes a varianceto construct a garage as the principal use structure at 837 Quail Drive (AKA VICTORIA VILLAGE SUBDIVISION, BLK M, LOT 1, TOWN OF FRASER) with the following condition: The garage only be used in connection with the dwelling on the adjoining property, 821 Quail Drive, unless and until a dwelling is constructed on the same lot, in order to meet the “accessory” requirement. (In other words, the garage could not be rented or otherwise used in connection with a separate property.) READ, PASSED, AND ADOPTED BY THE ZONING BOARD OF ADJUSTMENTTHIS 11th DAYOF JULY,2012. Votes in favor: ___ZONING BOARD OF ADJUSTMENT Votes opposed: ___TOWN OF FRASER, COLORADO Absent:___ Abstained: ___BY: Chairperson ATTEST: (S E A L) Town Clerk