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HomeMy WebLinkAboutR99-128 variance for edwards metro districtCommissioner moved adoption of the f llowing Resolution: . BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - _, . L APPROVAL OF A PETITION TO GRANT A VARIANCE FROM IMPROVEMENT STANDARDS OF SECTION 4- 620.J, SECTION 4- 620.D, AND APPENDIX C, IN ORDER TO CONSTRUCT IMPROVEMENTS TO HOMESTEAD DRIVE IN EDWARDS TO A LESSER STANDARD THAN REQUIRED BY THE EAGLE COUNTY LAND USE REGULATIONS. File Number VIS -0002 WHEREAS, THE EDWARDS METROPOLITAN DISTRICT, (hereinafter "Applicant "), submitted to the Eagle County Department of Commu- nity Development a petition for a variance from the requirements of Section 4- 620.J, Section 4- 620.D, and Appendix C, to construct a 2 foot barrier curb and gutter with a 5 foot sidewalk leaving a 12 foot vehicle travel lane from the existing centerline to one side of Homestead Drive, from the existing curb and gutter near Edwards Village Boulevard to Arlington Place; and WHEREAS, the Board of County Commissioners ( "the Board "), conducted a public hearing on June 21, 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 and also finds the following: 1) The applicant has filed a petition for a Variance From Improvement Standards in conformance with the requirements of Section 5 -260.G of the Eagle County Land Use Regulations. 2) The petition has been properly advertised and is ready for consideration by the Board of County Commissioners. 3) The applicant has demonstrated a hardship in complying with the land use regulations_ 4) The Board finds that there is no adverse impact on the health safety and welfare on the persons this effects or the citizens of Eagle County. 1 NOW, THEREFORE be it resolved by the Board of County Commis- sioners of the County of Eagle, State of Colorado: THAT, on balance , the hardships to the applicant of not granting the variance outweigh the adverse impacts to the people affected by granting the variance; THAT, The Board hereby approves the Applicant's petition for a Variance From Improvement Standards subject to the following condition; Homestead Drive improvements shall be constructed with a 12 foot vehicle travel lane from the existing centerline with a 2.5 foot barrier curb with a 8 foot path adjacent to the curb from the end of the existing curb and gutter on Homestead Drive near Edwards Village Boulevard to Arlington Place. 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 County of Eagle, Staten Colorado, at its regular meeting held the /c�� day of , 1999. ATTEST: ,c' x By: Sara J. QFier Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By ohnnette Phillips, Chairman E. John ssionere Tom C. Stone, Commissioner 2 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. p i Commissioner, Tom C. Stone C� This Resolution passed by (3-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 9