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HomeMy WebLinkAboutR93-008 amending LUR'su• Commissioner Z;/ / -,l / moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93- S IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATION, 1982, AS AMENDED WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board "), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30 -28 -101, et sea., to plan for and regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No. 82 -26, and as subsequently amended; and WHEREAS, C.R.S. 30 -28 -116, and Section 1.16 of the L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30 -28 -133, and Section 1.16 of the L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on March 13, 1990, the Eagle County Department of Community Development, initiated proposed amendments to Chapter II of the L.U.R., and referred such proposed amendments to the Eagle County Planning Commission for its review and comment; and 495252 R -59 F -162 01 /1Z/9J 13:21 PG 1 OF 4 REC. DOC SARA FISHER EAGLE COUNTY CLERK, COLORADO 0.00 0.00 f WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on April 18, 1990, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on April 24, 1990, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearing, as well as the comments and recommendations of the Eagle County Planning Commission and the Eagle County Department of Community Development, together with the various studies and land use plans of the County including the Eagle County Master Plan, the Board hereby determines that the proposed amendments to Chapter II of the L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Chapter II of the Eagle County Land Use Regulations, is hereby amended, effective April 24, 1990, as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment of Chapter II of the L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. �A 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the Coun of Eagle, State of Colorado, at its regular meeting held the Vy day of ,gua .fii , 1922:�r, nunc X -': nc April 24, 1990. v By: COUNTY OF EAGLE, STATE OF COLORADO By and Tor -qugh Its BOARD OF COUNTY to the Board of/ Ri'ciard L. us afs Commissioners By: Donald H. Welch, Commissioner By: XJ George Gates, Commissioner Commissioners seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner Donald H. Welch Commissioner George A. Gates This Resolution passed by l ��ns s�i.?� emote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 ti x 3 l EXHIBIT "A" EAGLE COUNTY LAND USE CHANGES PROPOSED: SECTION 2.05.03 ACCESSORY STRUCTURE OR ACCESSORY USE - CHANGE to read as follows: Accessory Structure or Accessory Use means a structure less than 850 square feet and which does not contain habitable space or a use incidental and subordinate to the main use of Property and located on the same lot as the main use. SECTION 2.05.11(3) BUILDING, Accessory - CHANGE to read as follows: A Building which is attached in any amount to the main building by the wall and /or roof of the main building or by the roof over a breezeway connecting the accessory building and the main building, or a detached, subordinate building located on the same lot or building site as the principal building, the use of which is incidental and subordinate to the use of the principal building. An accessory building shall not contain habitable space, shall be less than 850 square feet and shall be considered in the maximum lot coverage and yard regulations.