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HomeMy WebLinkAboutR92-171 denial of zone district amendment Sunset Properties Robert Gillman^ L C ` ,S+,'�n' 5:1S PG 1 OF 4 O L .' O.00 -U 4 cOL ORADO P -�.b5 11 � � Ty �;L,�Pk,. OHNNETTE PHILLIPS EAGLE C commissioner h A moved adoption of the following Resolution: RESOLUTION 1 OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO: 92 V V! � DENIAL OF ZONE DISTRICT AMENDMENT G Sunset Properties, Robert P. Gillman FILE NO: ZC- 246 -90 WHEREAS, Sunset Properties, by Robert P. Gillman, did file an application with the Eagle County Department of Community Development on or about April 10, 1990, to rezone the herein described property in Eagle County from Rural Residential to Residential Multi- Family; and WHEREAS, at its public hearing held on June 7, 1990, the Planning Commission, based on its findings, recommended denial of the proposed Zone District Amendment; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on June 26, 1990; 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, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That the proposed zoning is not consistent with the Master Plan and E1 Jebel Sub -Area Plan. 3. That the area in question does not possess the geological, physical and other environmental conditions compatible with the characteristics of the use requested. 4. That the advantages of the use requested do not outweigh the disadvantages. 5. That there is not conceptual evidence that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. 6. That the area for which the rezoning is requested has not changed to such a degree that it is in the public interest to encourage a new use or density in the area. 7. That for the above stated reasons, the proposed zoning is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the petition of Robert P. Gillman, File Number ZC- 246 -90, for a Zoning Amendment to change from the Rural Residential Zone District to the Residential Multi- Family Zone District be and is hereby denied for the following described property located in the unincorporated area of Eagle County: SEE EXHIBIT "A" THAT the Board of County Commissioners the Department of Community Development to provide Resolution to the applicant. 2 directs the Director of a copy of this i MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the day of � 199 , nunc pro tunc to the 26th day of Ju1990. n-94 erk to the Board o unty Commissioners Commissioner of the foregoing resolution. as follows: COUNTY OF EAGLE, STATE OF COLORADO By an Through its BOA COUNTY COMMISSIONERS BY: ✓ Richard L. us afso ,IChairman George,/A. Gates, C619hissioner Donald H. Welch, Commissioner seconded adoption The roll having been called, the vote was Commissioner Richard L. Gustafson chi Commissioner George A. Gates =,V-- Commissioner Donald H. Welch This Resolution passed by arc �S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 EXHIBIT "A" PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN TRACT NO. 52 OF SECTION 2 AND 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID TRACT NO. 52 AND WESTERLY OF THE EASTERLY LINE OF SAID TRACT NO. 52, AND NORTHEASTERLY OF STATE HIGHWAY NO. 82, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON POST WITH A BRASS CAP PROPERLY MARKED AS ANGLE POINT NO. 1 OF SAID TRACT NO. 52, ALSO BEING MARKED AS ANGLE POINT NO. 4 OF TRACT NO. 48 IN SAID SECTION 2; THENCE S.00 043'00 "E. 782.91 FEET ALONG THE EASTERLY LINE OF SAID TRACT NO. 52; THENCE S.80 °29109 "W. 336.75 FEET TO A POINT ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SAID HIGHWAY; THENCE N.19 005'00 "W. 889.16 FEET ALONG THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SAID HIGHWAY TO A POINT ON THE NORTHERLY LINE OF SAID TRACT NO. 52; THENCE S.89 050100 "E. 613.03 FEET ALONG THE NORTHERLY LINE OF SAID TRACT NO. 52, TO ANGLE POINT NO. 1, BEING THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PARCEL, TO WIT: A PARCEL OF LAND SITUATED IN TRACT 52, SECTION 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ANGLE POINT #1 OF SAID TRACT #52, A BRASS CAP MONUMENT; THENCE S.08 053127 "W. 815.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE S.80 029109 11W. 148.41 FEET; THENCE N.10 050'37 "W. 87.04 FEET; THENCE N.09 °23'49 "E. 57.34 FEET; THENCE N.34 °10102 "E. 30.53 FEET; THENCE S.83 020'20 "E. 21.24 FEET; THENCE S.48 °17'43 "E. 93.05 FEET; THENCE S.30 °13108 "E. 90.75 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT AND RIGHT -OF -WAY FOR ACCESS AND UTILITY PURPOSES 40 FEET IN WIDTH LYING AND BEING 20 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, TO WIT: BEGINNING AT A POINT ON THE EASTERLY RIGHT -OF -WAY OF COLORADO HIGHWAY 82 FROM WHICH THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 222 PAGE 570 OF EAGLE COUNTY, STATE OF COLORADO RECORDS BEING A REBAR AND CAP LS 5633. BEARS S.19 °00158 "E. (S.19 005'00 "E. RECORDED) A DISTANCE OF 54.00 FEET; THENCE N.70 018141 "E. A DISTANCE OF 20.00 FEET; THENCE N.19 000158 "W. A DISTANCE OF 99.08 FEET, TO A POINT ON THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 218 PAGE 827 OF THE EAGLE COUNTY, STATE OF COLORADO RECORDS FROM WHICH A G.L.O. BRASS CAP FOR THE NORTHEAST CORNER OF SAID TRACT 52 BEARS N.19 052'51 "E. A DISTANCE OF 889.05 FEET. ZC- 246 -90