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HomeMy WebLinkAboutR00-088 denying appeal of staff decision by Gerry Spector re live stream setbackf i . Commissioner moved adoption of the Allowing Resolution: of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - A RESOLUTION DENYING ` AN APPEAL OF STAFF DECISION BY GERRY SPECTOR EAGLE COUNTY ATTORNEY THAT THOSE PROVISIONS OF THE EAGLE COUNTY LAND USE REGULATIONS REQUIRING A LIVE STREAM SETBACK ARE IN EFFECT EVEN WHEN A PLATTED DRAINAGE EASEMENT EXISTS IN THE SAME VICINITY FILE NO. ASD -00006 WHEREAS, the Lake Creek Meadows Subdivision, the final plat for which includes a drainage easement along a portion of Lake Creek which runs through the Subdivision, was approved by the Eagle County Board of County Commissioners on or about April 26, 1974; and WHEREAS, a single family structure was built on Lot 5, Block 2 of said Subdivision in or about 1977, at which time the Eagle County Land Use Regulations required a minimum live stream setback defined generally as a 30 foot strip of land or the 100 year flood plain, whichever is the greater distance, measured horizontally from the high water mark on each side of any live stream; and WHEREAS, on or about September 24, 1985, the Board of County Commissioners, by Resolution 85 -59, amended and re- adopted the Zoning Resolution of Eagle County which thereafter required a minimum live stream setback defined generally as a 50 foot strip of land or the 100 year flood plain, whichever is the greater distance, measured horizontally from the high water mark on each side of any live stream; and WHEREAS, the Lake Creek Meadows Subdivision identifies a drainage easement along Lake Creek; and Page - 1 - 1 732819 06/23/2000 03:26P 370 Sara Fisher 1 of 3 R 0.00 D 0.00 N 0.00 Eagle CO � • t fk WHEREAS, an existing residence structure on Lot 5, Block 2 of the subdivision is inside the 50 foot minimum live stream setback but outside (except for a deck) the 30 foot minimum live stream setback in effect at the time of its construction; and WHEREAS, the Applicant, Gerry Spector, through his agent, TAB Associates, Inc., proposes to expand the existing residence structure, including extending it toward and along Lake Creek, having the effect of increasing the encroachment into the 50 foot minimum live stream setback; and WHEREAS, the Applicant contended that after entering into a contract to purchase the lot he, through his architect/agent, was mislead by communications with the County Engineer to believe that the existence of a drainage easement in a subdivision negated live stream setbacks contained in the Land Use Regulations; and WHEREAS, on or about April 14, 2000, the Community Development Director advised the Appellant of his determination that the Eagle County Land Use Regulations require a minimum 50 foot minimum live stream setback and that there is no provision in the Land Use Regulations which essentially waives the minimum live stream setback requirement when a drainage easement exists in the same vicinity; and WHEREAS, Appellant filed an appeal dated May 8, 2000, of said decision by the Community Development Director pursuant to Eagle County Land Use Regulations Section 5- 2400, by Notice of Appeal; and WHEREAS, a public hearing was held on June 5, 2000, at which Appellant presented its appeal to the Board of County Commissioners, stating its grounds for appeal and presenting all materials and evidence in support of its appeal; and the Community Development Department responded; and the Board received and heard all evidence and argument offered by all interested persons. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds that the appeal was timely filed; and THAT, based on the findings, the Board concludes that the Community Development Director's decision properly reflected the Eagle County Land Use Regulations; and THAT, the decision of the Community Development Director is affirmed, and Appellant's appeal is denied; and Page -2- .y d f THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commission of the County of Eagle, State of Colorado, at its regular meeting held the _Ablay o' 2000, nunc pro tunc June 5, 2000. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS J OAZL- By. ( Jerk to the Board of Tom C. Sto e, Chairman County Commissioners r Johnnette Phillips Commissioner ASd 9 Michael Gal agher Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote as as follows: Commissioner Stone Commissioner Phillips Commissioner Gallagher This Resolution passed by 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ,.r ...� Page -3-