HomeMy WebLinkAboutR94-080 denial of zone district amendment for Harold Leonard=Commissioner 2 coved adoption
of the following Resolution:
RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO: 9_� e?o
DENIAL OF ZONE DISTRICT AMENDMENT ►°
Harold A. Leonard
:.3
FILE NO: ZC- 261 -94
WHEREAS, Harold A. Leonard did file an application with the
Eagle County Department of Community Development on or about March 15,
1994, to rezone the herein described property in Eagle County from
Resource to Residential Multiple Family (RMF); and
WHEREAS, at its public hearing /hearings held April 21, 1994,
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 May 3, 1994
and May 17, 1994; 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 hearings before the Planning
Commission and the Board of County Commissioners.
2. That the proposed zoning is not consistent with the
Master 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 conceptual evidence that the land has
access and can be serviced with water and sewage
538909 B -642 P -862 06/15/94 01:OOP PG 1 OF 3 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
disposal systems
being sought.
appropriate with the zone district
6. That the applicant has not met its burden of proving
either that:
A� The area for which the rezoning is requested has
changed or is changing to such a degree that it is in
the public interest to encourage a new use or density in
the area
or
The proposed rezoning is necessary in order to
provide land for a demonstrated community need.
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 Harold A. Leonard, File Number ZC- 261 -94,
for a Zoning Amendment to change from the Resource Zone District to the
Residential Multiple Family Zone District be and is hereby denied for the
following described property located in the unincorporated area of Eagle
County:
A parcel of land situated in Tract 39, Township 8 South, Range
87 West of the Sixth Prime Meridian, County of Eagle, State of
Colorado, Being more particularly described as follows:
Note: The basis of bearings for this description shall be
S88 1 10 1 46 11 E (assumed) between Corner No. 3 of said Tract 39
and the closing corner of Section 3, Township 8 South, Range
87 West, both U.S. G.L.O. brass caps found in place.
Commencing at Corner No. 3 of said Tract 39, a G.L.O. brass
cap found in place, thence along the North line of Tract 39,
S88 °07 11 E, 1297.39 feet, to the Point of Beginning
thence continuing along the North line of said Tract 39,
S88 °07 "E, 474.50 feet;
thence S02 0 07 1 41 11 E, 343.16 feet to the Northerly right -of -way
of the County road;
thence along said Northerly right -of -way line, S89 0 49 1 44 11 W,
373.80 feet;
thence leaving said right -of -way line, NO2 0 07 1 41 11 W, 356.60
feet to the Point of Beginning.
Containing 3.00 acres, more or less.
04
4
THAT the Board of County Commissioners "directs the Director of
the Department of Community Development to provide a copy of this
:3esolution to the applicant.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its meeting held the %--�IZ�6
day of 17 , 199 k / , nunc pro tunc to the 17th day of May, 1994.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
ATTEST• / j
Y \
tSara 'J. Fisher '
Clerk to the Board of
County Commissiopes,
t:
By:
ohnnette Phillips, Ch Irma
GeorgeGates, Commissioner
James E. Johnson, Jr., Commiss
Commissioner P" /ujjin seconded adoption
of the foregoing resolution. The roll having been called, the vote was
as follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates�p
Commissioner James E. Johnson, Jr. all °rte
This Resolution passed by a �L//�/LGit7T7 /_ -� vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
