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HomeMy WebLinkAboutR11-139 Bellyache Ridge Subdivision Waiver of Special Use EAGLE COUNTY. CO 201122090 J M D o c : $ 11 /28/2011 • P 3 04'24'35P11 1111011111 llIl( IIIII I(111 HIll IIII 1101 IM 1101(1(1100111 L " Commissioner 6Ft-3/3 moved adoption of the follo 'ng Resolution: 31 O BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011- RESOLUTION FOR APPROVAL OF A WAIVER FOR SPECIAL USE PERMIT ASSOCIATED WITH THE 1041 PERMIT FOR A MAJOR NEW WATER AND WASTEWATER TREATMENT SYSTEM FOR THE BELLYACHE RIDGE SUBDIVISION File Number 1041 -3083 WHEREAS, on or about January 26, 2011, the Bellyache Ridge Metropolitan District submitted to the Eagle County Department of Community Development the "Application" for the approval of a 1041 Permit for the installation of a major new water treatment system within the Bellyache Ridge Subdivision, located on Lot 61A and within a Right -of -Way granted to the Bellyache Ridge Metropolitan District by the Bureau of Land Management, and; WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on July 12, 2011, to consider the Application, and; WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at the hearings, and; WHEREAS, the applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective, and; WHEREFORE, based on the evidence presented, the Board of County Commissioners makes the following findings with regard to the "Application" as it pertains to Section(s) 3.310.I.2, of the County Land Use Regulations: Pursuant to the Eagle County Land Use Regulations Section 3.310.I.2, Waiver Provision. the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 201122090 1 OF 3 • 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest HAS BEEN submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements WOULD BE unreasonably burdensome for the applicant. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3- 310.I.2 of the Eagle County Land Use regulations is hereby granted. THAT, the Board of County Commissioners 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 this / ac) 2011, nunc pro tunc to the twelfth day of July, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: 4-04144ik , otiM By. - 44 -' ' * By: 044 A_ I\. Teak J. Simo ton Jo lir Clerk to the Board of --- /` County Commissioners 1`7 cis Peter . Runyon, Com ' honer 4 JO Li, 4A _ Sara J. Fisher, C mmissioner Commissioner �-� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Peter F. Runyon Commissioner, Sara J. Fisher �!' Commissioner, Jon Stavneyp This Resolution passed by � vote of the Board of County Commissioners of the County of Eagle, State of Colorado.