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HomeMy WebLinkAboutR06-056 REC#200615040 Approval of Variance from Improvements Standards for Palmerosa Ranch
Commissioner IL moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006 -
APPROVAL OF A PETITION TO GRANT A VARIANCE
FROM THE IMPROVEMENTS STANDARDS
ESTABLISHED IN SECTION 4-620.B
OF THE EAGLE COUNTY LAND USE REGULATIONS
FOR THE P ALMEROSA RANCH
File Number VIS-0029
WHEREAS, Palmerosa Ranch, LLC, (hereinafter "Applicant"), submitted to the Eagle
County Engineering Department a petition for a variance from the requirements of Section 4-
620.B of the Eagle County Land Use Regulations (the "LUR") for the Palmero sa Ranch; and
WHEREAS, the specific variances are from the requirement for two points of access to
the proposed development on the site, and turnaround length; and
WHEREAS, the Board of County Commissioners ("the Board"), conducted a public
hearing on May 16,2006, to consider the Applicant's petition; and
WHEREAS, the Board, has considered all the evidence, exhibits and arguments
presented at and prior to the hearings.
WHEREFORE, based on the evidence presented, the Board finds that the Applicant's
petition meets the intent of Section 5-260.G which governs the granting of a variance permit
from the Improvements Standards of the LUR, and also finds the following:
I. The property is encumbered by a topographical condition that prevents the applicant
from satisfying these requirements.
2. The applicant has demonstrated a hardship ifthere is strict adherence to these
requirements.
3. The applicant has demonstrated that the hardship of conforming to county standards
exceeds the adverse impact to the affected lands and on the health, safety, and welfare
of the persons affected if a variance [rom these standards is granted.
NOW, THEREFORE be it resolved by the Board of County Commissioners of the
County of Eagle, State of Colorado:
I
THAT, on balance, the benefits to the developer of granting the variance outweighs the
adverse impacts to people and lands affected by granting the variance.
THAT, the Board hereby approves the Applicant's petition for a variance from the
requirements of two points of access with the following conditions:
1. Except as otherwise modified by these conditions, all material representations of the
Applicant in this application and all public meetings shall be adhered to and
considered conditions of approval.
THAT, the Board of County Commissioners directs the Engineering Department 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
,2006.
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ATTEST:
Commissioner ~~(!J)c:::........A' seconded adoption of the foregoing resolution.
The roll having been called, the vote was as follows:
Commissioner, Peter F. Runyon
Commissioner, Tom C. Stone
Commissioner, Am M. Menconi
This Resolution passed by 3/D vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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