HomeMy WebLinkAboutR09-115 County Policy of Strict Enforcement of Land Use Regs^ ~ `~`"J ~''~ moved adoption
of the folio ing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2009 - ,1 ~ 5
A RESOLUTION AFFIRMING THE COUNTY POLICY OF STRICT ENFORCEMENT
OF LAND USE REGULATIONS REGARDING APPLICABLE ENGINEERING
STANDARDS TO ASSURE PUBLIC SAFETY OF ALL ROADS ACCESSING MORE
THAN THREE RESIDENCES
WHEREAS, Eagle County Land Use Regulations establish engineering standards for
streets and roads providing access to residences in unincorporated Eagle County; and
WHEREAS, such standards are designed and necessary for the safety and protection of
persons traveling on such roads, including occupants of the residences accessed by such roads;
and
WHEREAS, the County Land Use Regulations provide for potential relief from the strict
application of such standards in appropriate cases by application for variances from such
standards; and
WHEREAS, the County Planning Department and Building Department have
recommended that the roadway standards be strictly enforced in the interests of public safety and
that such policy of strict enforcement be brought to the attention of realtors, property owners,
prospective purchasers of property and architects and builders.
NOW, THEREFORE, BE IT RESOLVED:
THAT based on the existing County Land Use Regulations and roadway standards, and
the experience and recommendation of the County Planning Department and Building
Department, the Board of County Commissioners authorizes and directs the Planning and
Building Departments to post on the County website the statement of policy on strict
enforcement of roadway standards attached hereto as Attachment A and otherwise publicize such
statement in such manner as such departments deem appropriate.
THAT the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of November, 2009.
COUNTY OF EAGLE, STATE OF
,~``~,~-ctg~ ;,~. COLORADO, by and through its
ion t `~,~ BOARD OF COUNTY COMMISSIONERS
eY
tT~ ~ _^
By:
Sara J. Fisher
Chairr~
~;~ ~
.i `/~'~ ~
By: - - ` ~/`/`
By:
Commissioner -6w~ seconded adoption of the foregoing resolution. The roll
having been called, the vote as as follows:
Commissioner Fisher
Commissioner Runyon
Commissioner Stavney
This Resolution passed by ~~ ~
the County of Eagle, State of Colorado.
vote of the Board of County Commissioners of
Clerk to the Board of
County Commissioners
EAGLE COUNTY ROADWAY STANDARDS
The Eagle County Land Use Regulations, in Section 4-620, set out comprehensive Roadway
Standards for Eagle County. These Regulations are available on the County Website or from the
Eagle County Planning Department. They apply to all roads in the County, both public and
private. Different site development standards apply to particular roadways, depending on a
variety of factors. Appendix C to the Land Use Regulations contains the existing classification
of County roadways.
Knowledge of and compliance with these standards is the responsibility of property owners, their
architects and builders.
Because of the numerous and substantial public safety concerns that such Roadway Standards
are designed to address, the County is strictly enforcing them for all future construction. The
County will not issue building permits for construction of residences or other structures
that are not served by roads that meet all applicable standards unless an appropriate
variance has been approved by the Board.
The County Land Use Regulations provide for the Board of County Commissioners to approve
variances from strict application of the Roadway Standards in appropriate cases. (See Land Use
Regulations Section 5-260.G) An applicant may apply to the County Engineer for such a
variance, and after review by the County Engineer, who may or may not recommend approval of
the variance, the application for a variance will be scheduled for a hearing before the full Board
of County Commissioners. Realtors, property owners, their architects and builders all
should be aware of the Roadway Standards, the strict enforcement policy, and the variance
rocess.
The Eagle County Roadway Standards apply to roads serving all development in Eagle County,
whether subdivisions or PUDs. They also apply to roadways that access residences (both
primary residences and accessory dwelling units) on 35 acre or lamer Resource zoned
parcels, or other Resource zoned parcels that may be buildable even though they are
smaller than 35 acres because they are legally non-conforming as defined in the Land Use
Regulations.
If you have questions about standards applicable to particular roadways, or whether such roads
comply with those standards, or the variance process, please contact the Eagle County
Engineering Department.
Dated: November 17, 2009
EXHIBIT
