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HomeMy WebLinkAboutR92-217 Denial of Special Use Permit Nogal Property Lyon Trucks Commiserner .`� d adoption of the following Resolun: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92- 2 17 CU O G O DENIAL OF SPECIAL USE PERMIT Parcel 1, A.E. Nogal Property C" Lyon Trucks, USA, Inc. Contractors Storage Yard O FILE NO. ZS- 328 -92 WHEREAS, Lyon Trucks USA, Inc. Lyon Chavez, President, ( "Applicant ") did file an application with the Eagle County f n Department of Community Development on or about August 17, 1992, q for a Special Use Permit for a contractor's storage yard for dump trucks and related equipment, gravel extraction and crushing within a Resource Zone District in the unincorporated area of v Eagle County described as follows: Parcel 1, A.E. Nogal Property Recorded at Book 255, Page 713 M Said application was later amended to delete the gravel extraction and crushing; and WHEREAS, based on the evidence, testimony, exhibits, study f of the Master Plan for the unincorporated areas of Eagle County, w 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 � qi parties, the Board of County Commissioners of the County of cis Eagle, State of Colorado ( "the Board "), finds as follows: 1. That proper publication and provided public notice was rovided as required by law for the hearings before the Planning Commission and the Board. fr)Z That the proposed special use does not conform to the requirements of Section 2.09 of the Eagle County Land Use Regulations, more specifically: a) There has been no evidence submitted that would demonstrate an adequate water supply for the proposed use. b) The existing street /road improvements could accommodate the traffic volume generated, however, dust control would have to be mitigated. c) The design of the proposed use would not protect the established neighborhood character. d) ThOpplicant has not shown t� the proposed specie_ use will not be detrimen to the character of the neighborhood and is not consistent with the Master Plan. And 2.09.04, Special Use Review: 1. The proposed special use will not be compatible with existing uses in the area. 2. The potential effect of the use on the rural character of the neighborhood is not acceptable. 3. An adequate water supply for revegetation and domestic use has not been demonstrated. 4. The physical arrangement of the use on the proposed site is not appropriate due to site characteristics. 5. The proposal is not consistent with the Master Plan. 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Lyon Trucks USA, Inc., Lyon Chavez, President, File No. ZS- 328 -92, for a Special Use Permit for a contractors storage yard within the Resource Zone District de- scribed herein, be denied. 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. 2 MOVED, REA ND ADOPTED by the Board 110pounty Commissioners pf .the Counts o Lagle, State of Colordo, its regular meeting held the N day of s1errwi vo- , 1992, nunc pro tunc to December 14, 1992. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: g i e se4 t e Z e4 - 12i Byr.._,A i..; Y: •Ce'- Johnet - Phillips Ric L. G -st -- ion, 2,d'-"---' / Cle to the Board of / ' County Commissioners ����. _� rL , ti G,� George • . Gates, Commissioner - o414"..-C.4;31% '/: %, . A 4( ''-i Itli a , �,._ p Donald H. Welch, ommissioner CO548 P' ssioner Po-&- seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Z Commissioner George A. Gates Commissioner Donald H. Welch , This Resolution passed by ? -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3