HomeMy WebLinkAboutR99-136 variance for western mobileI Commissioner _ moved adoption of following Resolution: BOARD OF COUNTY COMMISSIONERS .COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 IMPROVEMENTS STANDARDS OF SECTION 4- 620.J, SECTION 4- 620.D, AND APPENDIX C, IN ORDER TO RECONSTRUCT FAIRGROUNDS ROAD TO THE STANDARDS ASSOCIATED WITH THE FUNCTIONAL CLASSIFICATION OF RURAL RESIDENTIAL COLLECTOR FOR ROLLING TERRAIN INSTEAD OF INDUSTRIAL ROAD. APPROVAL OF A PETITION TO GRANT A VARIANCE PERMIT FROM THE File Number VIS -0001 WHEREAS, Western Mobile Northern, Inc. a subsidiary of LaFarge Corporation, (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 for the portion of Fairgrounds Road to be reconstructed from Wapiti Road to a point approximately 1500 feet to the east near the entrance to Fishing is Fun; 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 of the Eagle County Land Use Regula- tions. 2) The petition has been properly advertised and-is ready for consideration by Board of County Commissioners. 3) The road design standard associated with the Functional Classification for Rural Residential Collector for rolling , terrain designation would provide a road design that is equally durable and equally safe to the Industrial Road designation, but would be considerably less expensive and use less land. 4) The applicant has demonstrated hardship to the public if there is strict adherence to the Industrial Road Functional Classification for Fairgrounds Road. 5) Fairgrounds Road was misclassified as an industrial road because it does.not service any industrial zone and the indus- trial service is temporary. NOW, THEREFORE be it resolved by the Board of County Commis- sioners of the County of Eagle, State of Colorado: THAT, The Board hereby approves the Applicant's petition for a Variance Permit from the Improvements Standards subject to the following condition: 1) That the reconstruction of Fairgrounds Road shall be constructed to the standards associated with the Functional Classification of Rural Residential Collector for rolling terrain instead of the.standards for an Industrial Road and instead of the specifications requested in the application. 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 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, Stat of Colorado, at its regular meeting held the day o 1999. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS B By ;h k nnette Sara J. isher Phillip-s, Chair an Clerk to the Board of County Commissioners s E. Joh r. Cqfamissioner Q. Nly Tom .,Stone, CbrKmissioner Commissioner � seconded adoption of the foregoing resolutio 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 2t�/ vote of the Board of County Commissioners of the County of Eagle, State of Colorado.