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HomeMy WebLinkAboutR09-036 Eagle-Vail Pool Projectz Commissioner moved adoption of the following R& ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2U09 <5 (41-7 DENIAL OF A PETITION TO GRANT A VARIANCE FROM THE IMPROVEMENTS STANDARDS ESTABLISHED IN SECTION 4- 620.J.9.c.6 OF THE EAGLE COUNTY LAND USE REGULATIONS FOR THE EAGLE -VAIL POOL PROJECT File Number VIS -2153 WHEREAS, Eagle Vail Metropolitan District, (hereinafter "Applicant "), submitted to the Eagle County Engineering Department a petition for a variance from the requirements of Section 4- 620.J.9.c.6 of the Eagle County Land Use Regulations (the "LUR ") for the Eagle -Vail Pool; and WHEREAS, the specific variance requested is from the maximum number of entryways requirement LUR Section 4- 620.J.9.c.6. Generally, no more than one (1) entryway shall be allowed for any parcel of property where the frontage is less than one hundred (100) feet. Additional entrances or exits for parcels of property having a frontage in excess of one hundred (100) feet shall be permitted only when the applicant demonstrates they are required for actual convenience and necessity and that safety to the traveling public will not be compromised; and WHEREAS, the applicant has two existing entryways and is requesting an additional entrance to the proposed Eagle -Vail Pool project; and WHEREAS, the Board of County Commissioners ( "the Board "), conducted a public hearing on March 17, 2009, to consider the Applicant's petition; and WHEREAS, the Board, has considered all the evidence, exhibits and testimony presented at the hearings. WHEREFORE, based on the evidence presented, the Board finds that the Applicant's petition does not meet the intent of Section 5 -260.G which governs the granting of a variance permit from the Improvements Standards of the LUR: LUR 5-260.G.2. VARIANCES In determining weather to approve, approve with conditions, or disapprove the application for Variance to Improvement Standards, the Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against F Cr' TERM SHEET 1) Requested hearing date: (First choice) (Second choice) April 28, 2009; May 5, 2009 2) For County Manager signature: NA 3) Requesting department: Engineering Department 4) TT Resolution for VIS -2153; Eagle -Vail Pool Variance File 5) Check one: Consent: X On the Record: 6) Staff submitting: Peter Fralick 7) Pur ose: The applicant requested a variance from section 4- 620.J.9.c.6. Maximum Number of Entryways section of the Eagle County Land Use Regulations. The variance request is to add a third access from Eagle Road to the proposed Eagle -Vail Pool. The Board of County Commissioners conducted a public hearing on March 17, 2009, and the variance request was not approved. 8) Schedule: NA 9) Financial considerations: NA 10) Other: Pt t ST6� RW FORM By: By: �- Eagle County Attorney's Office Eagle County Commissioners' Office .-- the adverse impact on the health, safety and welfare of ersons affected and the adverse impact P � pact .r on the lands affected. In approving or approving with conditions said Variance the Board of County Commissioners may impose such conditions that ' . Y P are necessary to ensure compliance with the terms of this Subsection, these Regulations, and the Comprehensive Plan. WHEREFORE, based on the evidence presented, the Board finds that rantin the variance will g g compromise safety to the traveling public based on the following findings: 1. Adding a third access increases the number of vehicle conflict oints on Eagle Road. P g 2. With a third access, the pool drop off area could become a cut through access to the adjacent Pavilion. Applicant has not demonstrated this is a safer alternative to using the existing access. 3. A third access with associated drop off area has the potential to create the ueuin of vehicles onto Eagle Road. q g 4. The proposed variance will not provide for an equivalent level of . ublic safety. Y NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby disapproves the Applicant's petition to exceed the maximum number of entryways limit, pursuant to LUR 4- 620.J.9.c.6. THAT, the Board of County Commissioners directs the Engineerin g Department artment to provide a copy of this Resolution 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. Y MOVED, READ AND ADOPTED by the Board of County Co issioners of the Count of Eagle, State of Colorado, at its regular meeting held the r Y da of 2009, nunc pro tunc to the 17th day of March, 2009. TERM SHEET 1) Requested hearing date: (First choice) (Second choice) April 28, 2009; May 5, 2009 2) For County Manager signature: NA 3) Requesting detiartment: Engineering Department 4) Title: Resolution for VIS -2153; Eagle -Vail Pool Variance File 5) Check one: Consent: X on the Record: 6) Staff submitting: Peter Fralick 7) Pur ose: The applicant requested a variance from section 4- 620.J.9.c.6. Maximum Number of Entryways section of the Eagle County Land Use Regulations. The variance request is to add a third access from Eagle Road to the proposed Eagle -Vail Pool. The Board of County Commissioners conducted a public hearing on March 17, 2009, and the variance request was not approved. 8) Schedule: NA 9) Financial considerations: NA 10) Other: pt t Std i Y RROV FORM( TO By: Eagle County Attorney's Office Eagle CountyommisSioners' Office