HomeMy WebLinkAboutR13-053 Variance for Cattleman's Club HOACommissioner �A
moved adoption
of the following Resolution:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2013 - v�
FILE NO. VIS -4065
VARIANCE FROM IMPROVEMENT STANDARDS
WHEREAS, Cattleman's Club Homeowner's Association ( "Applicant ") represents all
owners of Lots in the Cattleman's Club Development (each an "Owner "); and
WHEREAS, The Eagle County Land Use Regulations ( "LUR ") require access serving
developments of more than three residences to meet Eagle County Road Standards; and
WHEREAS, Three Primary residences have been constructed within the Cattleman's
Club Development; and
WHEREAS, at least one other Owner desires to construct a residence on a Lot within the
Cattleman's Club Development; and
WHEREAS, Applicant seeks approval by the Eagle County Board of County
Commissioners for variances from three LUR improvement standards relating to the safety of
roads, specifically, those relating to Dual Access, Emergency Vehicle Turnaround Areas and
Road Improvement Standards, as detailed in its application (the "Application ") dated October 19,
2012 and the Staff Reports submitted to the Board; and
WHEREAS, at a public hearings on the Application before the Board on February 19,
2013; April 30, 2013; May 21, 2013 and May 28, 2013 the Board heard the presentations from
the Eagle County Engineering Department, Eagle County Wildfire Mitigation Specialist and the
Applicant's spokespersons; examined the Engineering Staff Report; viewed the Power Point
presentation of maps and views; received written comments of representatives of Eagle River
Fire Protection District; and queried staff, the Applicant and its representatives concerning the
Application; and
WHEREAS, at the conclusion of the hearing on May 28, 2013, it was moved, seconded
and unanimously voted by the Board to approve each of the three variances, concluding, after
hearing and seeing the evidence presented in these proceedings concerning variances from the
LUR improvement standards relating to the safety of roads, 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 LUR, 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 from three LUR improvement
standards relating to the safety of roads, specifically, those relating to Dual Access, Emergency
Vehicle Turnaround Areas and Road Improvement Standards be and hereby is approved as to
each and every variance therein requested, with the following conditions:
1. Except as otherwise modified by this Variance approval, all material representations
made by the Applicant in this application and in public meeting shall be adhered to and
considered conditions of approval.
2. The Applicant shall construct an emergency vehicle turn- around in accordance with the
design provided and to the satisfaction of ERFPD. This work shall be completed prior to
issuance of a Certificate of Occupancy for the next Building Permit issued
3. The Applicant shall perform fuels reduction work along Saddlehorn Way to the
satisfaction of the Eagle County Wildfire Mitigation Specialist. This work shall be
completed prior to issuance of a Certificate of Occupancy for the next Building Permit
issued.
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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ! t day of June, 2013.
ATTEST:
BY:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
Teak J. Simonton cb to
Clerk to the Board of
County Commissioners
BY
Jon
Sara J. Fisher
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jon Stavney
Commissioner Sara J. Fisher
Commissioner Jillian H. Ryan
This Resolution passed by /' �'
County of Eagle, State of Colorado.
vote of the Board of County Commissioner of the
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