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HomeMy WebLinkAboutR03-059 Approval of a Variance from Improvments Standards - Heritage Park PUD Subdivision File No. VIS-0020• • ~~ a ~~ , ~, ~ ~, ~r~ Commissioner . ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- APPROVAL OF A PETITION TO GRANT A VARIANCE FROM THE~IMPROVEMENTS STANDARDS ESTABLISHED IN SECTION 4620.) OF THE EAGLE COUNTY LAND USE REGULATIONS FOR HERITAGE PARK PUD SUBDIVISION File Number VIS-0020 WHEREAS, Jim Guida, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development a petition for a.variance from the requirements of Section 4620.J.1.h of the Eagle County Land Use Regulations (the "LUR") for the Heritage Park PUD Subdivision; and WHEREAS, the Applicant has identified the requirement for a secondary emergency point of ingress and egress in Section 4-620.J.1.h of the LUR as the requirement for which a variance is requested; and WHEREAS, the Board of County Commissioners ("the Board"), conducted a public hearing on Apri122, 2003 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; and WHEREAS, based upon the evidence presented the Board FINDS: 1. 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. 2. THAT, the Applicant has filed a petition for a Variance Permit from the Improvement Standards in conformance with the requirements of Section 5-260.G of the LUR. 3. THAT, the petition has been properly advertised for consideration by the Board of County Commissioners. 4. THAT, Applicant will provide a road design that is equally durable and equally safe to the requirement for a second emergency access. ^~I~I~~I~~Y~I^YNY~H~pM e`n fiw~„sso a • Commissioner - moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2003- APPROVAL OF A PETITION TO GRANT A VARIANCE FROM THE IMPROVEMENTS STANDARDS ESTABLISHED IN SECTION 4-620.J OF THE EAGLE COUNTY LAND USE REGULATIONS FOR HERITAGE PARK PUD SUBDIVISION File Number VIS-0020 WHEREAS, Jim Guida, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development a petition for a variance from the requirements of Section 4-620.J.1.h of the Eagle County Land Use Regulations (the "LUR") for the Heritage Park PUD Subdivision; and WHEREAS, the Applicant has identified the requirement for a secondary emergency point of ingress and egress in Section 4-620.J.1.h of the LUR as the requirement for which a variance is requested; and WHEREAS, the Board of County Commissioners ("the Board"), conducted a public hearing on Apri122, 2003 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; and WHEREAS, based upon the evidence presented the Board FINDS: 1. 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. 2. THAT, the Applicant has filed a petition for a Variance Permit from the Improvement Standards in conformance with the requirements of Section 5-260.G of the LUR. 3. THAT, the petition has been properly advertised for consideration by the Board of County Commissioners. 4. THAT, Applicant will provide a road design that is equally durable and equally safe to the requirement for a second emergency access. 1 • 5. THAT, the property on which the Heritage Park PUD was approved is encumbered by a topographic or other physical condition that prevents the Applicant from providing a second point of access. 6. THAT, the Applicant has demonstrated hardship to the developer if there is strict adherence to the requirement for a second emergency access. 7. THAT, the Applicant has demonstrated that the hardship of not granting the variance exceeds any adverse impacts on the health, safety, and welfare of persons affected, or adverse impacts to the affected lands. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY CONIlVIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO THAT, based upon the foregoing findings the Board hereby approves the Applicant's petition for a Variance Permit from the requirement for a secondary emergency point of ingress and egress in Section 4-620.J.1.h of the LUR subject to the following condirions: 1. This variance is valid only for a Preliminary Plan, Final Plat or other land use application which will conform with the Sketch Plan submitted and approved with File PDS-00031 by Resolution 2002-100. 2. The approval of this variance by Eagle County is not an endorsement of the Heritage Park PUD Subdivision beyond what was approved as a Sketch Plan. 3. The 36-foot wide clear and unobstructed area proposed as part of this variance application must be incorporated into the roadway design for a Preliminary Plan and Final Plat of the Heritage Park PUD Subdivision. The Applicant shall include within its Homeowners Association Covenants a requirement that the Heritage Park Homeowners Association remove snow from and maintain the 6 foot wide clear areas on each side of the pavement on Tract B. Further the Subdivider of Heritage Park shall remove snow and maintain the entire 36 foot wide area on Tract B until accepted for maintenance. 4. Except as otherwise modified by this application, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 5. The Applicant shall complete preliminary design of a 4 foot sidewalk within the right-of--way for the entire length of the outside of Allen Circle for presentation to the Board of County Commissioners at Preliminary Plan. If approved by the Board of County Commissioners, the Applicant shall install the sidewalks prior to 2 any ground work on the site. In addition, the Applicant shall be responsible for providing any appropriate pedestrian markings in accordance with the Eagle County Land Use Regulations. 6. The Applicant shall obtain all permits for construction within the public way. 7. The Applicant shall provide a designated traffic control representative for the purpose of receiving complaints, directing and coordinating traffic during con- struction times. Further, the Applicant shall limit the hours of large vehicle access to the property for a time period acceptable to the Board of County Commission- ers. The proposed hours for large vehicle access shall be presented to the Board of County Commissioners at Preliminary Plan. 8. At the commencement of construction, an assessment of overall condition index of that portion of Allen Circle used by construction traffic, will be determined. Upon completion of the two year warranty of the roads contained within Heritage Park, the condition of Allen Circle will be reassessed. All necessary repairs will be made by the Applicant in conformance with Eagle County Road Standards in an effort to return the road to the baseline standards. THAT, the Board of County Commissioners directs the Department of Community Development 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 Coup of Eagle, State of Colorado, at its regular meeting held the ~? day of 2003. 3 ~ ~ ATTEST: ~L/y~C~J~~ * ~ocoRP B . ~ ~ By Teak J. Simonton Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS V,.f4.,..lfa., Tom C. tone, Comnrissioner '~- ~--, Arn 11~Ienconi, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been call the vote was as follows: Commissioner, Michael L. Gallagher Commissioner, Tom C. Stone Commissioner, Arn M. Menconi ~- This Resolution passed by ~~(A~fZ~ the County of Eagle, State of Colorado. of the Board of County Commissioners of 4