HomeMy WebLinkAboutR98-063 Two Rivers Village •
Commissioner 6(Ptio moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 98 -
APPROVAL OF A PETITION TO GRANT A VARIANCE FROM THE REQUIREMENTS
OF SECTION 6.06.06.2 OF THE FLOODPLAIN REGULATIONS IN ORDER TO
PROCEED WITH THE TWO RIVERS VILLAGE PRELIMINARY PLAN AND 1041
PERMIT PROCEEDINGS PRIOR TO OBTAINING A FLOODPLAIN DEVELOPMENT
PERMIT.
File Number FPV -0001
WHEREAS, William A. & Annalise Stephens, (hereinafter
"Applicant "), submitted to the Eagle County Department of Commu-
nity Development a Petition for Variance ( "Petition ") from the
requirements of Section 6.06.06.2 of the Eagle County Land Use
Regulations ( "ECLURs "); and
WHEREAS, Section 6.06.06(2) of the ECLURs states:
Any person seeking to engage in development in any desig-
nated floodplain hazard area in the unincorporated territory
of the County of Eagle shall obtain a permit pursuant to
these Regulations before seeking any other permit, rezoning
or other action required by the County of Eagle.
WHEREAS, said Petition requested a Variance from Section
6.06.02 of the ECLURs, on the property described in said Applica-
tion; and
WHEREAS, the Eagle County Board of County Commissioners,
sitting as the Permit Authority is vested with the power to grant
a variance pursuant to Section 6.06.31 of the ECLURs; and
WHEREAS, pursuant to Section 6.06.31, the Permit Authority
may grant such variance of the literal provision of the Flood -
plain Regulations when strict appliction of the Regulations would
cause an unduehardship owing to physical circumstances unique to
the individual property on which the variance is sought; and
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WHEREAS, the Eagle County Planning Commission conducted a
public hearing on April 15, 1998, after publication and notice as
required by law, to consider Applicant's Petition to proceed with
the Two Rivers Village Preliminary Plan and 1041 Permit proceed-
ings notwithstanding ECLUR Section 6.06.06.2;and
WHEREAS, said Planning Commission recommended that the Board
approve the granting of the variance subject to certain
conditions; and
WHEREAS, the Board of County Commissioners ( "the Board "), in
its capacity as the Eagle County Permit Authority, conducted a
public hearing on April 27, 1998, to consider the Applicant's
Petition; and
WHEREAS, based on the evidence, testimony, exhibits, study
comments of the Eagle County Department of Community Development
and the Planning Commission, and of the Applicant and all other
interested parties, the Permit Authority finds that the Appli-
cant's Petition meets the intent of Sections 6.06.31,32,33,34,
and 35 of the ECLURs, which govern the granting of a variance to
the Floodplain Regulations.
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 to
proceed with the Two Rivers Village Preliminary Plan and 1041
Permit proceedings notwithstanding ECLUR Section 6.06.06.2
subject to the following conditions:
1) The Preliminary Plan and 1041 Permit application shall
not be approved by the Eagle County Board of County Commis-
sioners until the Conditional Letter of Map Revision (CLOMR)
has been issued by FEMA, and public hearings and approval of
the CLOMR by the Board of County Commissioners is complete;
2) All other provisions of the Floodplain Regulations remain
in effect; and
• •
3) Whenever the Planning Commission or Board of County
Commissioners reasonably requests more information on this
application during the Preliminary Plan or 1041 Permit
proceedings, the applicant agrees to submit a tabling re-
quest waiving the time limits on Board of County Commission-
ers action.
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, State of Colorado, at its regular meeting
held the /J7 ( , day of , 1998; nunc pro tunc
April 27, 1998.
COUNTY OF EAGLE, STATE OF I
0 4 6p.�'L c COLORADO, by and Through Its
ATTEST: , o ° BOARD OF COUNTY COMMISSIONERS
W .t
* n *
/ %LOP.AD
By: 41 A 4111 LIL_ B _
Sara J. Fi er es E. Jo- son, J ., Chairman
Clerk to the Board of
County Commissioners
t / / '
� 4 i/ ,
Phillips, Comm ssioner / Johnnette
George Gates, Commissioner
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Commissioner seconded adoption of the
foregoing resolution. The toll having been called, the vote was
as follows:
Commissioner, James E. Johnson, Jr.
Commissioner, George A. Gates
Commissioner, Johnnette Phillips .
This Resolution passed by 3 - 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
File No. 96 -95
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