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HomeMy WebLinkAboutR97-161 denial of amendment to final plat of Beaver Creek Fifth FilingJ I 111 J Commissione proved adoption of the following Resolution: RESOLUTION [QaaC 10 COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97- DENIAL OF AMENDMENT OF THE FINAL PLAT OF BEAVER CREEK SUBDIVISION. FIFTH FILING. OT 12 TRACT H BLOCK 2 FILE NO. AFP -00026 WHEREAS, on or about _ August 1. 1997, the County of Eagle, State of Colorado, accepted for filing an application submitted by John Oltman (hereinafter "Applicant ") for an Amended Final Plat, Beaver Creek Subdivision, Fifth Filing, Lot 12, Tract H, Block 2, located at Y0121 Borders Road , Colorado (hereinafter the "PUD "), File No. AFP -00026 ; and WHEREAS, the Applicant requested the amendment of the Final Plat for the purposes of: adiusting the building envelope The main features of the Amendment are the reduction in the size of the envelope and moving it some 25' to the south or the back of the lot The basic nature of the PUD is not changing and thr lot lines are not chan2in2. WHEREAS, Section XII of the Beaver Creek PUD Control Guide sets forth the procedures and criteria for amendments to building envelopes in the Beaver Creek PUD; and WHEREAS, notice of the proposed amendment was mailed to all owners of property which has a boundary line abutting, directly across the street from or within 75 feet of the property for which the building envelope amendment is requested, which notice stated the general nature of the public hearing and the date of the Board of County Commissioners of Eagle County, State of Colorado ( "Board ") hearing and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the date and time of the hearing for consideration of the application by the Board; and IIIIII IIIII IIIIII IIIII 1111111111111111111111111111 IN 642021 12/11/1997 12:38P B746 P77 1 of 3 R 0.00 D 0.00 Sara J Fisher, Eagle, CO WHEREAS, at its public meetings of September 22 & 29 and November 3 1997 , the Board considered the application, associated plans and the statements and concerns of the Applicant, concerned citizens and the Eagle County staff; WHEREAS, based on the evidence, testimony, exhibits, review of the Beaver Creek Planned Unit Development Control Guide, the recommendation of the staff, and comments from all interested parties, the Board finds as follows: The proposed amendment to the building envelope substantially impacts in an adverse manner the view corridor of a property owner to whom notice of the proposed building envelope amendment has been sent. 2. The Board cannot find that the proposed amendment to the building envelope does not substantially impact in an adverse manner the view corridor of a property owner to whom notice of the proposed building envelope amendment has been sent. 3. The proposed amendment to the building envelope is not required by geologic or other hazard conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by John Oltman for amendment of the Lot 12, Tract H. Block 2, Beaver Creek Subdivision Fifth Filinja be and is hereby denied. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. F:\DOCS \SUBDIV \AMENDED \OLTMAN\AFP- 026.RES Page 2 of 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 8th day of December , 1997. COUNTY OF EAGLE, STATE OF roG COLORADO, By and Through Its BOARD yJ OF COUNTY COMMISSIONERS ATTEST: Ka COtOPADD i BY: BY: Sara J. Fisher hnnette Phillips, Chairman Clerk of the Board of County Commissioners BY: C�7L1� George A. Gates, Commissioner B s E. Johnson, ommi Commissioner t0h'1 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates — Commissioner James E. Johnson, Jr. This Resolution passed byc_ii vote of the Board of County Commissioners of the County of Eagle, State of Colorado. F:\DOCS \SUBDIV \AMENDED \OLTMAN\AFP- 026.PES Page 3 of 3