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HomeMy WebLinkAboutR99-135 variance for Oran PalmateerCommissione 1917 Z moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS .COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - IJ S APPROVAL OF A PETITION TO GRANT A VARIANCE PERMIT FROM THE IMPROVEMENTS STANDARDS OF SECTION 47620.J, SECTION 4- 620.D, AND APPENDIX C, IN ORDER TO RECONSTRUCT EDWARDS CEMETERY ROAD TO A LESSER STANDARD THAN REQUIRED BY THE EAGLE COUNTY LAND USE REGULATIONS. File Number G -00008 WHEREAS, Oran & Paula Palmateer, (hereinafter "Applicant "), submitted to the Eagle County Department of Community Development a petition for a variance from the requirements of Section 4- 620.J, Section 4- 620.D, and Appendix C to relocate, and construct a new Edwards Cemetery Road (County Road ED6); and WHEREAS, the new portion of Cemetery Road will be con- structed along the eastern boundary of the Applicant's property from Highway 6 to the Edwards Cemetery Road Bridge as shown on the construction drawings for the Logan Park PUD prepared by High Country Engineering, Inc.; and WHEREAS, the new Edwards Cemetery Road will provide a 30- foot wide platted easement instead of the 40 -foot wide minimum right -of -way, will provide vertical curves with design "K" values of 75.41 instead of the minimum of 20, and will provide a maximum gradient of loo instead of 8 %; and WHEREAS, the Board of County Commissioners ( "the Board "), conducted a public hearing on June 1, 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 Permit from the Improvement Standards in conformance with the require- ments of Section 5- 260.G. 1 2) The petition was properly advertised and considered by the Board of County Commissioners. 3) The applicant has demonstrated a hardship in complying with the land use regulations. 4) The Board finds no adverse impact on the health safety and welfare on the persons or the lands this affects. 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 Applicant of not granting the variance outweigh the adverse impacts to people and lands affected by granting the variance. THAT, the Board hereby approves the Applicant's petition for a Variance Permit from the Improvements Standards for the recon- struction of Edwards Cemetery Road along the eastern boundary of the Applicant's property from Highway 6 to the Edwards Cemetery Road Bridge as shown on the construction drawings for the Logan Park PUD prepared by High Country Engineering, Inc. THAT, the new Edwards Cemetery Road will provide a 30 -foot wide platted easement instead of the 40 -foot wide minimum right - of -way, will provide vertical curves with design "K" values of 15.41 instead of the minimum of 20, and will provide a maximum gradient of loo instead of 80. 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 this Resolution is necessary for the health, of the citizens of Eagle County. and declares that safety and welfare 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, Sta e of Colorado, at its regular meeting held the day o , 1999. AT' IN County Commissioners es E. t 7 , J ommissionener </ In � c Tom C. Sto�mmsssioner Commissione /( seconded adoption of the foregoing resolut�i The roll having been called, the vote was as follows: Commissioner, Johnnette Phillips Commissioner, James E. Johnson, Jr. Commissioner, Tom C. Stone This Resolution passed by /�j/j�/lyj�J / vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3