HomeMy WebLinkAboutR99-037 Orgish Subdivision exemption from LUR'sCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - 3 / APPROVAL OF APPLICATION for EXEMPTION from EAGLE COUNTY SUBDIVISION REGULATIO] Billy P. Orgish a Tract of Land in is =t TR 90, Sec. 17, T'ship 8S, Range 86W of the 6th PM 0058 Cottonwood Pass Road FILE NO. 5E -00017 WHEREAS, Section 5- 270.A.1.c of the Eagle County Land Use Regulations provides for Exemption from the County's Subdivision Regulations; and WHEREAS, Billy P. Orgish, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about December 16, 1998, for an Exemption from the Subdivision Regulations within a Resource District, in the unincorporated area of Eagle County described as follows: . Orgish Subdivision and WHEREAS, based on the evidence and exhibits submitted with the Application, and the comments of staff of the Eagle County Department of Community Development, the Board of County Commis- sioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. As required by Section 5- 270.A.1.c Pre - Existing Lots the subject property was created and established as a single, separate parcel of land in the records of the Clerk and Recorder prior to August 22, 1984. Page 1 IIII IN 691375 04/01/1999 04:27P 370 Sara Fisher 1 of 3 R 0.00 D 0.00 N 0.00 Eagle CO 2. The land within the exemption is properly zoned for the proposed use, and complies with Section 5- 270.B.1 Initiation of the Land Use Regulations, which are incorporated herein as if set forth with particularity. (a) Survey. A certified survey of the parcel, including legal description which meets the minimum requirements of a Land Survey Plat pursuant to §38- 51 -106 C.R.S. and showing all record and apparent rights -of -way and easements and monumentation pursuant to §38 -51 -108 C.R.S. HAS BEEN PREPARED. (b) Access. IT HAS BEEN DEMONSTRATED that the proposed exemption has legal and physical access to a public street or right -of -way by conventional vehicle. (c) Water. IT HAS BEEN DEMONSTRATED that the land proposed for exemption will be provided a legal, physical, adequate and dependable potable water supply. (d) Wastewater Disposal. IT HAS BEEN DEMONSTRATED that the land proposed for exemption will be provided a wastewater disposal system, or other lawful means of disposing of human wastes that complies with all applicable public health laws. (e) Hazards. Satisfactory evidence HAS BEEN SUBMITTED demonstrating that the exemption will no create hazards and the lot will contain a safe, adequate building site NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Billy P. Orgish, File No. 5E- 00017, for an Exemption from the Eagle County Subdivision Regulations, solely with respect to the division(s) of land which resulted in the subject property being a single, separate lot; that is, having a single title ownership different from that of any contiguous lands, be APPROVED. Page 2 0 THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State f Colorado, at its regular meeting held the = „day of �/v�/�-1 , 1999, nunc pro tunc to the 15th days S�Iarch, 1999. s E. Corwffissioner BY: f” `. eW � Tom d. Stone, Commissioner Commissioner »tom seconded adoption of the fore- going Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips L Commissioner James E. Johnson, Jr. / Commissioner Tom C. Stone This Resolution passed by 21Zd'14Z1110ZIQa vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 3 Rs COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST- -3� ARD F COUNTY COMMISSIONERS BY: ! BY: r Sara J. Fisher hnnette Phillips, Chair Clerk of the Board of County Commissioners s E. Corwffissioner BY: f” `. eW � Tom d. Stone, Commissioner Commissioner »tom seconded adoption of the fore- going Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips L Commissioner James E. Johnson, Jr. / Commissioner Tom C. Stone This Resolution passed by 21Zd'14Z1110ZIQa vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 3