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HomeMy WebLinkAboutR92-090 denial of special use permit for Ned GoldsmithC ommissioner Welch moved icption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 9 - '--/ d n ild DENIAL OF SPECIAL USE PERMIT T-� Ned Goldsmith, Gypsum Creek /Cottonwood Pass 0 '.� FILE NO. ZS 307 - 91 WHEREAS, Ned Goldsmith, ( "Applicant ") did file an r application with the Eagle County Department of Community Development on or about March 15, 1991, for a Special Use Permit for a private airstrip, within a Resource Zone District, in the unincorporated area of Eagle County described as follows: PARCEL #1 The North Half of the Northeast Quarter (N�NE4), the North Half of the Northwest Quarter (NkNW4), including Lot 1 of Section 19, Township 5 South, Range 85 West of the Sixth Principal Meridian, also described as the North Half of the Northeast Quarter (NkNE4) and the Northeast Quarter of the Northwest Quarter (NE4NW4) and Lot 1 of Section 19, Township 5 South, Range 85 West of the Sixth Principal Meridian, also known as Tract 94 of the Independent Resurvey of said township and range. Parcel #2 The Sk of the SW- and the Sk of the SE- of Section 19, T5S, R85W of the 6th P.M. Parcel #3 T5S, R86W Section 24 SW NE SE- NW4 Nk SE- SE4 SE Section 25 NE4 NE4 Parcel #4 T5S, R85W Section 19 Nk Sk of the 6th P.M. of the 6th P.M. Parcel #5 T5S, -R86W of the 6th P.M. SE- NE4, and all that portion of the NE4 NE4 lying south of a line 30 feet northerly of the centerline of Cottonwood Pass Road, as it now exists, Section 24. rr� r9 Z r r ti r 1 � G r- rr, �I, Y rr� r, G C� J r r Parcel #6 T5S, R85W of the 6th P.M. Lot 4, Section 18 EXCEPTING that portion of Section 18 conveyed by Deed 6 1. 6 recorded 20, 1947, in Book 131 a 'ge 233, and the SE4 SW4 and the Sk SEA, Section 13, TSS, R86W of the 6th P.M., and all that portion of the NE, NE„ Section 24, TSS, R86W of the 6th P.M., lying north of a line 30 feet northerly of the centerline of Cottonwood Pass Road, as it now exists. COUNTY OF EAGLE STATE OF COLORADO and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use does not conform to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will not be compatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan and environmental impact report. 5. The proposed use is incompatible with existing uses in the area and is incompatible with the open rural character of the neighborhood. 6. The proposed use is inconsistent with the Master Plan. 7. Good planning dictates that similar land uses be consolidated. This proposal is contrary to good planning. 8. Existing landing facilities are located within a reasonable distance of the ranch. 9. The proposal does not meet a demonstrated need. 10. That for the above - stated and other reasons, the proposed special use is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. 2 -4 NOW, THERE £ =E, BE IT RESOLVED BY THE CARD OF COUNTY COMMISSIONERS 0 - THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Ned Goldsmith, File No. ZS- 307 -91, for a Special Use Permit for a private airstrip within the Resource Zone District described herein, be denied, subject to the conditions as set forth herein. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colora t i s regular meeting held the (f day of 1992. ' COUNTY By and COMMIS ATTEST: BY = By ohn tte Phillips i Clerk to the Board of County Commissioners OF EAGLE, STATE OF COLORADO, Through Its BOARD OF COUNTY E'•L:ii1�'e� . Gates, Commissioner Donald H. W Commissioner , (2 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L:,Gustafson 8-- Commissioner George, A. Gates G�e/ Commissioner Donald.n H. °` Welch This Resolution passed' by U Ar Aid ° M M-� vote of the Board of County Commissioners of the County of Eagle, State of Colorado.