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HomeMy WebLinkAboutR95-154 special use permit for Calhoun - Lazy Ranch of Lake CreekCommissioner moved adoption of the following Resolut , a: U O A 0 0 o ao BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96' - APPROVAL'OF SPECIAL USE PERMIT Bert and Linda Calhoun of the Lazy Ranch.of Lake Creek FILE NO. Z8- 361 -94 w a� CIO 0 U � U w� ax C11 W 0 o_P 0 0 N 0 C v 0o Ca w M N i a '-CV �4 00 a) o� i U) w 00 h t- C) Cd o ;.4 00 cd in WHEREAS, Bert and Linda Calhoun, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about December 1, 1994, for a Special Use Permit for a Bed & Breakfast (Home Occupation) and an arts and crafts studio within a Resource Zone District, in the unincorporated area of Eagle County described as follows: EXHIBIT A 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 conforms 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 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, y� G r PAGE 1 OF 3 adequacy of ac is to and from the area, - opriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. 5. That for the above- stated and other reasons, the proposed special use is 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 Bert and Linda Calhoun, File No. ZS- 361-94, for a Special Use Permit for a Home Occupation (Bed and Breakfast and Studio for arts and crafts within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. 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 Colorado, at its regular meeting held the day of , 1995, nunc pro tunc to the 5th day of April, 1995. PAGE 2 OF 3 p ATTE By: COUNTY OF EAGLE, C _ 11 :TE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS pity "W''t ON. An W, - Georg A. Gates, Commissioner { tte Phillips, Comfnissioner a Commissioner L2Z&4L4 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips dl(lf� Commissioner George A. Gates Commissioner James E. Johnson, Jr. This Resolution passed by C? _ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. PAGE 3 OF 3 Clerk to the Board of County Commissioners `3t+$. F t jxr dr k 4 >� 4 Vi V s S :�""' w °~' °at t {... t= � "t �` a�•a '� a .t" 1C�T>� � � Vie} ' >a - 4 ± = *•�' 'f°ti LV to 1► pareeV cP 1and lbeated 3n gU,e t oz +eses v �t }ii rte ���,fiownshi��<S,Soath .�Rasige o �t�as;s �a�,ti'��►4> ixth�ptti .,"' Ceiloradu, , lce nq to a 0e dig `Sep t # ord-i andAart ef a e roved e h e : :5:83r0e�+'o>; Ctliie� on September T , , =1977,,- said paceld3*- ,. d.lbain`oe d;tit�ed gas follows i9f O t . ' ► "1 ;? , Beginni %q at: the : tprimer eall v t• °5ec�:►esd��3� . ' z bSOSO'47 "E - i86 .4" -ast alonq tliii.a rtherly":L'ISe�t tattS�3� F to''its ` i:tersection .wig+ ":the Soutfter.:y2t�aiit } pia;► `thd4tie . Rio: Grande western,'Raiload: `thenc�k a`3�olloMinq sc3d 'ri�7h:.dl�;,w = feat-an the arc of *. curve to tha'left having airtadi.a the Chord. o_ which bears '- S:54.49' 16 "E '282.:04' �'dt ttsanCS' <a ail right of way 669:39' feet slugs the =�lj�ilNasve tti;..'f 3irt ` having radius of,�5829365 feet, the;et�.brd dl, +�fi3ex; 669.02 feet to its'` intersection with thoi RsstiOrljt'line -of eta fti It One - H*1 1 of Section $; thence along "laid Eastaf'I `13nr 5 01�"'0�' A ' `.••J12 3:=feet to : the Southeast Corner sif -the Ncr�ytheist• Ons= ¢:AS�� } the;: Northwest One - Quarter of said Section S'; . rhehet` *lona. t!`io "Iodt!#' lino, of the Northeast One - Quarter of. -he ; Northwest One- quaste Section 5, N.89.30 "w. 1345.48 feet"`'to' C*nier of the S-6ttswigr Quarter; thance along the Easterly Line of the Southwest One-pnit 6 Of Lthe Northwest One - Quarter of said Section S: 5.01'58'+10 "cf:° 9717�,n - to its intersection with the Northerly Rijht of Nay of U-S,. Rig No. 6; thence along said right at wry the following courses ond:�.ts+ ° tances: y f 9V t) N.76 "w. 239.17 faetc L, S.59 47 �5 w. 13.83 feet; 31 ;4.76 "w. 905.74 feet= 4) N.S;•S•1'29 "ti• 134.42 feet; 5) 95.17 feet on the are of a curve to the right having � , a. radius of 11,3:0.00 _set, the chord of which bears N.75.38'13 "M y* 89-17 _eat; to the intersection o_* said Northerly Ri;ht of 'stay ��ith the Woster.�� of said Section 5; .hence said westerlir lire N.O1.50'QO "E 1951 #6$ feet to the-point of beci•Yning. TOGETHER WITH all wat•_r and water rights, includin3, but not - limited to, appurtenant water rights as follows: -any , 4' existing rights in Calhoun Spring No. 2, Application No. K3399 and Ruling of Referee dated December 30, 1977, subject to Lease pl. and use rights of B a B Lxcavating, Inc. ai a e 7 +° TOGETHER WITH ditch and ditch rights, reservoir reservoir: 'rights, storage rights, water and ditch company' 1` stock, mineral and mineral rights) oil and gas in iil and gas r� rights, and/crops and of )1er property rights which are situated . ti/ on,, under or appartenan to the previously describet? real prop- .arty and /or owned or used by Party of the first Part in cones } nection therewith, wit' all easements and rights -of -way appur -; tenant thereto.