No preview available
HomeMy WebLinkAboutR99-217 variance for S-MAC Miller's CreekCommis: )ner moved option of t� ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 APPROVAL OF A PETITION TO GRANT A VARIANCE PERMIT FROM THE DRIVEWAY STANDARDS ESTABLISHED IN SECTION 4- 620.J.9.c(4) OF THE EAGLE COUNTY LAND USE REGULATIONS FOR THE NUMBER OF DWELLING UNITS THAT MAY BE SERVED BY A DRIVEWAY. File Number VIS -0004 WHEREAS, S -MAC Miller's Creek LLC, (hereinafter "Appli- cant"), submitted to the Eagle County Department of Community Development a petition for a variance from the requirements of Section 4- 620.J.9.c(4) of the Eagle County Land Use Regulations (the "LUR"), which states, in part, "Driveways shall not serve more than three (3) dwelling units, unless specified otherwise in these regulations. ... ". In order for the Miller's Creek, Filing 2 Sketch /Preliminary Plan application to be approved, it must be granted a variance from this requirement. WHEREAS, the Board of County Commissioners ( "the Board "), conducted a public hearing on October 25, 1999 to consider the Applicant's petition; and WHEREAS, the Board, has considered all the evidence, exhib- its 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 Improve- ments Standards of the LUR, and also finds the following: 1) The applicant has filed a petition for a Variance Permit from the Improvement Standards in conformance with the require- ments of Section 5 -260.G of the LUR. 2) The petition has been properly advertised and is ready for consideration by the Board of County Commissioners. 3) The driveway design proposed by the petitioner will provide access that is equally durable and equally safe to the standards. NOW, THEREFORE be it resolved by the Board of County commis- sioners of the County of Eagle, State of Colorado: THAT, on balance, the benefits to the developer of granting the variance outweigh the adverse impacts to people and lands affected by granting the variance. THAT, The Bc _� hereby approves the App- !ant 's petition for a Variance Permit from the requirements of Section 4- 620.J.9.c(4) of the LUR for the Miller's Creek, Filing 2 subdivision, provided that the driveway is included in the applicable Subdivision Improvements Agreement as an improvement and is constructed pursuant to the applicable driveway standards. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion 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 Coun of Eagle, St a e of C lorado, at its regular meeting held the day of 1999. ATTEST: - a By: %l//GCGij Sara J. Fisher Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Johnnette Phillips Commissioner, James E. Johnson, Jr. 2 Commissioner, Tom C. Stone This Resolution passed by )Z/11 2/C y7l //1 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 Tom Stone, - Go�nlnissioner