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.