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HomeMy WebLinkAboutR11-115 Seven Castles Creek Rd VIS-3325 EAGLE COUNTY, CO TEAK J SIMONTON 201117638 3 °3:38'35P11 09/22/201 1 RC: $0.00 DOC: $ 11 1 11 I I 111 II 1 0 I I I I I 111 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 - File No. VIS-3325 Variance from Improvement Standards WHEREAS, Seven Castles Creek Road Association ("Association") consists of eight (8) property owners that utilize the Seven Castle Creek Road ( side access to access their residences; and WHEREAS, Prior to August 2007, the property owners access their residences by a road and a bridge to the east ("cast side access"); and WHEREAS, In August 2007, a flooding event occurred that destroyed the bridge and rendered the east side access impassable; and WHEREAS, The Association seeks to make the west side access the permanent access; and WHEREAS, The Association seeks approval by the Board of County Commissioners for variances from existing County Regulations improvement standards relating to the safety of roads, as detailed in its application (the "Application") dated May 18, 2011 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 August 30, 2011, the Board heard the presentations of Eagle County Engineer Greg Schroeder 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 referrals from Xeel Energy and Bernard Silver: and queried staff, the applicant and its representatives concerning the Application; and WHEREAS, at the conclusion of the hearing on August 30, 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. Commissioner Vin--41 u — moved adoption of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - L File No. VIS -3325 Variance from Improvement Standards WHEREAS, Seven Castles Creek Road Association ( "Association ") consists of eight (8) property owners that utilize the Seven Castle Creek Road ( "west side access ") to access their residences; and WHEREAS, Prior to August 2007, the property owners access their residences by a road and a bridge to the east ( "east side access "); and WHEREAS, In August 2007, a flooding event occurred that destroyed the bridge and rendered the east side access impassable; and WHEREAS, The Association seeks to make the west side access the permanent access; and WHEREAS, The Association seeks approval by the Board of County Commissioners for variances from existing County Regulations improvement standards relating to the safety of roads, as detailed in its application (the "Application ") dated May 18, 2011 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 August 30, 2011, the Board heard the presentations of Eagle County Engineer Greg Schroeder 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 referrals from Xcel Energy and Bernard Silver; and queried staff, the applicant and its representatives concerning the Application; and WHEREAS, at the conclusion of the hearing on August 30, 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: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. All conditions as detailed in the Engineering Department memorandum dated July 26, 2011 shall be adhered to. 3. That the Association work with county staff and the Division of Wildlife to locate a trash receptacle site at least one hundred fifty feet (150') back from Frying Pan Road such that trash receptacles are not stockpiled near the road for trash pickup on the neighboring property currently owned by Bernard Silver and Susan Werth, located at 4227 Frying Pan Road, or that the Association enter into an agreement with the refuse company to pick up trash at the homeowner's driveway. 4. The applicant shall work with the Silver /Werth property in obtaining a suitable easement to allow a single access for the Silver /Werth parcel and the Association's parcels. 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 13 day of September, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Thr• • • is BOAR ► : OUNTY COM�/ ISSI'INERS ATTEST: of EA CtF • BY: _ • z BY: Aar �� -ak J. Simon . . .rr• �� * on r , Clerk to the Board of 4 QRAD0 County Commissioners B : y . lo ILA/ v� z Peter F nyon, Comm`ssione/O BY: Qq,Q_.. /Unit A. - Sara J. Fisher, Co missioner Commissioner � J . i -P- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: n 1 Commissioner Jon Stavney f IA Commissioner Peter F. Runyon A 04 0-44 ti Commissioner Sara J. Fisher passed by / G This Resolution vote of the Board of County Commissioner of the P Y tY County of Eagle, State of Colorado.