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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
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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.
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ti
x 3
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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.