HomeMy WebLinkAbout11532RESOLUTION NO. 11532
A RESOLUTION GRANTING A WAIVER TO HARTUNG
GLASS INDUSTRIES (AGALITE), 145 WILLIAM WHITE
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BOULEVARD, FROM A RESTRICTIVE COVENANT,
PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK
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WHEREAS, Hartung Glass Industries (Agalite), is the owner of the property
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known as 145 William White Boulevard and legally described as follows;
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Lot 2, Pueblo Memorial Airport Industrial Park
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WHEREAS, Hartung Glass Industries (Agalite) has requested a waiver from the
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restrictive covenant set forth in Section (d) of the Warranty Deed recorded in the office
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of the Pueblo County Clerk and Recorder, reception number 1242754, to allow the
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construction of an addition which will encroach 28 feet into the required 35 feet setback
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adjacent to Eaton Street as well as a 14 feet encroachment into the required 25 feet
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side yard setback; and
WHEREAS, Section (h) of the above restrictive covenants reserves the right for
City Council to grant said waiver.
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BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
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SECTION 1
The City hereby waives that part of the restrictive covenants set forth in Section
(d) of the Warranty Deed recorded with reception number 1242754 in the office of the
Pueblo County Clerk and Recorder to allow the construction of an addition which will
encroach 28 feet into the required 35' setback adjacent to Eaton Street.
SECTION 2.
The City hereby waives that part of the restrictive covenants set forth in Section
(d) of the Warranty Deed recorded with reception number 1242754 in the office of the
Pueblo County Clerk and Recorder to allow the construction of an addition which will
encroach 14 feet into the required 25 feet side yard setback.
INTRODUCED: February 9 1 2009
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BY: Randy Thurston
COUNCIL PERSON
• L" �} _ APPROVED:
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PRESIDENT OF THE CITY COUNCIL
ATTESTEd `Ew-.
ITY CLERK
PASSED AND APPROVED: February 9, 2009
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: FEBRUARY 9, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION GRANTING A WAIVER TO HARTUNG GLASS INDUSTRIES
(AGALITE), 145 WILLIAM WHITE BOULEVARD, FROM A RESTRICTIVE
COVENANT, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK
ISSUE
Should the City Council grant a waiver from a restrictive covenant to allow the
construction of an addition that will encroach 28 feet into the required 35 -foot setback
adjacent to Eaton Street and also encroach 14 feet into the required 25 -foot side yard
setback?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
Hartung Glass Industries (Agalite) has requested a waiver from the restrictive covenant
set forth in Section (d) of the Warranty Deed recorded in the office of the Pueblo
County Clerk and Recorder, Reception Number 1242754, to allow the construction of a
addition which will encroach 28 feet into the required 35 -foot setback adjacent to Eaton
Street as well as a 14 feet encroachment into the required 25 -foot side yard setback.
Agalite was granted a variance from the Pueblo County Zoning Board of Appeals on
December 16th, 2008.
FINANCIAL IMPACT
None.