HomeMy WebLinkAboutR92-168 exemption from subdivision regulations for Jerry Nelson/Schaefer Tract,, , , , r• 11` 2 15:09 PG 1 OF 4 SPEC nn4. 49135- B-595 F_L6L c1, � �, c COLORADO 0.00 0.00 JOH1tNETTE PHILLIPS "EAG � Ct�tIPfTY CLERK, -- Commissioner IU�W'l ,��J moved adoption Of the following Resolution: BOARD OF COUNTY COMMISSIONERS i� COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91, - APPROVAL OF APPLICATION for EXEMPTION from EAGLE COUNTY SUBDIVISION REGULATIONS Jerry D. and Sharla R. Nelson Schaefer Tract, Pt of Tract 51, Sec 6, T5S, R84W FILE NO. SE- 285 -92 L7 WHEREAS, Section 2.15.03 of the Eagle County Land Use Regulations provides for Exemption from the County's Subdivision Regulations; and WHEREAS, Jerry D. & Sharla R. Nelson, did file an applica- tion with the Eagle County Department of Community Development on or about April 28, 1992, for an Exemption from the Subdivision Regulations within a Resource Zone District, in the unincorporat- ed area of Eagle County described as follows: A tract of land designated the "SCHAEFER TRACT" in Tract 51 of Section 6 of the Independent resurvey of T5S, R84W of the 6th P.M., County of Eagle and State of Colorado as approved by the Surveyor General's Office in Denver, Colorado on June 20, 1922, said "SCHAEFER TRACT" being more particularly described as follows, to wit: Beginning at the Southwest Corner, identical with the South- east corner of the "KING TRACT ", being an iron pipe with a bronze cap set in concrete on the Northerly right -of -way fence line of the Denver & Rio Grande Western Railroad which Corner No. 3 (SW) of said Tract 51 of Section 6, T5S, R84W, 6th P.M. bears S19 039110 11W, 550.70 feet distant thence S73 °37110 11E, 169.37 feet to the Southeast Corner, being an iron pipe with a brone cap set in concrete on the Northerly right -of -way fence line of the Denver & Rio Grande Railroad as it now exists; cap is marked SE COR SCHAEFER TRACT; thence N5 018110 11E, 362.96 feet to the Northeast Corner, being an iron pipe with a bronze cap set in a mound of stones and concrete on the Southerly bank of the Eagle River, cap is marked NE COR SCHAEFER TRACT; thence x r' N81 050150 11W, 169.49 feet to the Northwest Corner, identical with the Northeast Corner of the "KING TRACT ", being an iron pipe with a bronze cap set in a mound of stones and concrete on the Southerly bank of the Eagle River; cap is marked NW COR SCHAEFER TRACT, NE COR KING TRACT; thence S4 047130 11W, 338.85 feet to the Southwest Corner, the place of beginning. COUNTY OF EAGLE STATE OF COLORADO The Exemption Plat is entitled "NELSON EXEMPTION, IMPROVEMENT SURVEY PLAT, SCHAEFER AND JOE TRACTS" and WHEREAS, based on the evidence and exhibits submitted with the Application, and the comments of staff of the Eagle County Department of Community Development, the Board of County Commis- sioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. The parcel included within the exemption was created and established in the records of the Clerk and Recor- der prior to August 22, 1984. 2. The land within the exemption is properly zoned for the proposed use, and complies with Supplementary Regula- tions 2.07 of the Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. The proposed exemption has legal and physical access to a public street or rights -of -way by conventional vehicle. 4. Satisfactory evidence has been furnished as to the existence of a legal, physical, adequate and dependable water supply. 5. Satisfactory evidence has been furnished as to the existence of a wastewater disposal system, or other lawful means of disposing of human wastes which com- plies with all applicable public health laws. -2- 6. Evidence demonstrates that all site conditions associa- ted with the exemption will not create hazards, and the lot will contain a safe, adequate building site. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Jerry D. Nelson and Sharla R. Nelson, File No. SE- 285 -92, for an Exemption from the Eagle County Subdivision Regulations, be approved. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. -3- MOVED, READ AND ADOPTED by the Board of County Commissioners of the Countv o Eagle, State of Co orado, at its regular meeting he day of , 1992, nunc pro 26, 1992. •4f COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OFze-Q,`UNTY COMMISSIONERS Clerk ByL - Board df Richard I� Don�A.We lch, C ommissioner eorg . Gates, Commissioner Commissioner �_e_4 seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates 24 e--- Commissioner Richard L. Gustafson This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -4-