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HomeMy WebLinkAbout11532RESOLUTION NO. 11532 A RESOLUTION GRANTING A WAIVER TO HARTUNG GLASS INDUSTRIES (AGALITE), 145 WILLIAM WHITE - -- BOULEVARD, FROM A RESTRICTIVE COVENANT, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK ° WHEREAS, Hartung Glass Industries (Agalite), is the owner of the property RFE known as 145 William White Boulevard and legally described as follows; # Lot 2, Pueblo Memorial Airport Industrial Park r n �V WHEREAS, Hartung Glass Industries (Agalite) has requested a waiver from the Mao restrictive covenant set forth in Section (d) of the Warranty Deed recorded in the office `ma of the Pueblo County Clerk and Recorder, reception number 1242754, to allow the mm - construction of an addition which will encroach 28 feet into the required 35 feet setback mo9 adjacent to Eaton Street as well as a 14 feet encroachment into the required 25 feet Nmv side yard setback; and WHEREAS, Section (h) of the above restrictive covenants reserves the right for City Council to grant said waiver. — o— N� � BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: au® 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 Q BY: Randy Thurston COUNCIL PERSON • L" �} _ APPROVED: ,~ PRESIDENT OF THE CITY COUNCIL ATTESTEd `Ew-. ITY CLERK PASSED AND APPROVED: February 9, 2009 ED ID �J p 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.