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HomeMy WebLinkAboutR11-050 Coulter Creek Variance EAGLE COUNTY, CO 201108488 TEAK J SIMONTON Age: 3 Oz:27:16PM 05/11/2011 REC: [1111 OC: $ mil 111111 Commissioner moved adoption of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - t�7 File No. VIS -3107 Variance from Improvement Standards WHEREAS, Ortonville Properties, LLC ( "Owner") is the owner of Lot 12, Coulter Creek Ranch (the "Property "); and WHEREAS, Owner wishes to construct a single family residence on the Property; and WEHREAS, Owner seeks approval by the Board of County Commissioners for variances from three existing County Regulations improvement standards relating to the safety of roads, as detailed in its application (the "Application ") dated December 21, 2010 and the Staff Report submitted to the Board; and WHEREAS, at a public hearing on the Application before the Eagle County Board of County Commissioners on March 29, 2011, the Board heard the presentations of Eagle County Engineer Ty Ryan and the Applicant's spokespersons and consultants; examined the Engineering Staff Report; viewed the Power Point presentation of maps and views; received oral and written comments of the public and representatives of the United States Forest Service, the Colorado Division of Wildlife and the Basalt and Rural Fire Protection District and the Gypsum Fire Protection District; and queried staff, the applicant and its representatives concerning the Application; and WHEREAS, at the conclusion of the hearing on March 29,. it was moved, seconded and unanimously voted that the Board grant each of the variances, concluding, after hearing and seeing the evidence presented in these proceedings concerning variances from those standards, that the hardship to the Applicant from denial of the variances outweighs the potential impacts of the variances on public safety; and instructing the County Attorney to prepare a Resolution formally approving the Application, including the findings of the Board based on the above - described record evidence concerning hardship to the Applicant and the safety of the public, for consideration at a meeting of the Board. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS FINDS, based on the above - described record evidence and applying the criteria for evaluating requests for variances from improvement standards set out in applicable County Regulations, that the hardship to the Applicant from denying the variances outweighs the impact of granting the variances on public safety. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the above - described application for variances be and hereby is approved as to each and every variance therein requested, with the following conditions: Seasonal Dual Access shall be provided for wildland firefighting operations along the ranch road through the adjacent property to the North of Coulter Creek Ranches, Lot 12, as mapped. This access point is gated and a Knox Lock key safe system is required for the Hate. The Seasonal Dual Access shall be maintained so that it is capable of accommodating emergency response vehicles commonly operated by local fire authorities having jurisdiction. A final inspection to verify that the ranch road is capable of accommodating such equipment shall be conducted prior to the Temporary Certificate of Occupancy for the single family residence on Lot 12 is issued. Such emergency access shall be available for use as long as there is a habitable residence on Coulter Creek Ranch Lot 12. 2. Any driveway construction necessary for access to the proposed residence on Lot 12 shall meet County Regulations for Driveways. 3. The Engineering Department and the applicant will review the drainage at the intersection of Cottonwood Pass Road and Buck Point Drive to determine if adjustments of the intersection can improve drainage. If improvements can be made to Buck Point Drive, the applicant shall make and maintain such improvements. 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 10' day of May, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and ThrguglLbls BOARD OF COUNTY COMMISSIONERS ATTEST: raw Teak J. Simontoft Clerk to the Board of County Commissioners LDIA Peter F. Runyon, Commissione BY: Sara J. Fisher, Mmmissioner Commissioner AGn _ . econded adoption of the foregoing resolution. The roll having been called, the vote was as follows : Commissioner Jon Stavney Commissioner Peter F. Runyon Commissioner Sara J. Fisher This Resolution passed by :/(/ vote of the Board of County Commissioner of the County of Eagle, State of Colorado.