HomeMy Public PortalAboutZBA Resolution 2017-11-01 Approving Variance by Cozens Pointe LLC To Allow Bike and Vehiclular Garage Construction TOWN OF FRASER
BOARD OF ADJUSTMENT
Resolution No. 2017-11-01
A RESOLUTION APPROVING A VARIANCE REQUEST PRESENTED BY COZENS POINTE LLC. TO
ALLOW BIKE AND VEHICULAR GARAGE CONSTRUCTION (NON-HABITABLE STRUCTURES) WITHIN
THE 25' RAILROAD SETBACK ON LOT 3 AND LOT 4 ACCORDING TO THE FINAL PLAT FOR COZENS
POINTE AT GRAND PARK, A CONDOMINIUM COMMUNITY, BEING A REPLAT OF GRAND PARK PDD,
PLANNING AREA 3W1, RECEPTION # 2006-009841.
WHEREAS, on November 29, 2017, the Board of Adjustment reviewed a proposed variance request to allow
bike and vehicular garage construction within the 25' railroad setback on lot 3 and lot 4 according to the final
plat for Cozens Pointe at Grand Park in accordance with Section 16-12-30 of the Fraser Municipal Code; and
WHEREAS, Section 16-5-690 of the Fraser Municipal Code states that where a planned development is
adjacent to a railroad, a permanent open space at least 25' in width shall be kept free of buildings and
structures; and
WHEREAS, the applicant is requesting a variance to this section of the code to allow the construction of non-
habitable structures within the 25' railroad setback; and
WHEREAS, the Board of Adjustment may grant a variance only if it finds certain conditions to be present; and
WHEREAS, the Board finds that there are unique physical circumstances associated with the affected property
that do not exist throughout the neighborhood; and
WHEREAS, the Board finds that the unique circumstances and any hardship have not been created by the
applicant; and
WHEREAS, the Board finds that if the variance is granted, this will not alter the character of the neighborhood
or impair the use of adjacent conforming property, including the railroad setback; and
WHEREAS, the Board finds that if the variance is granted, it will not be detrimental to the public good or the
intent of the Zoning Code or the spirit of the Fraser Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN OF FRASER BOARD OF ADJUSTMENT HAS
VOTED TO APPROVE THIS VARIANCE REQUEST TO ALLOW THE CONSTRUCTION OF ONE BUILDING
WITH TEN ATTACHED BIKE GARAGES AND TWO VEHICULAR GARAGES (NON-HABITABLE
STRUCTURES) WITHIN THE 25' RAILROAD SETBACK ON LOT 3 AND LOT 4 ACCORDING TO THE FINAL
PLAT FOR COZENS POINTE AT GRAND PARK, A CONDOMINIUM COMMUNITY, BEING A REPLAT OF
GRAND PARK PDD, PLANNING AREA 3W1, RECEPTION # 2006-009841 AS PRESENTED TO THE BOARD
OF ADJUSTMENT ON NOVEMBER 29, 2017 WITH THE CONDITION THAT EACH SUBSEQUENT AS
BUILT PLAT DOCUMENTS THIS VARIANCE.
DULY MOVED, SECONDED AND APPROVED THIS 29th DAY OF NOVEMBER, 2017.
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ATTEST: /.°1-
. � FRASER BOARD OF ADJUSTMENT:
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Town Clerk , Vice Chairperson
RECEPTION#: 2017010185, 12/14/2017 at
09:48:50 AM,
1 OF 1. R $13.00 , Additional Names Fee:
Doc Code:RESOLUTION
Sara L. Rosene, Grand County Clerk,
Colorado