HomeMy WebLinkAboutR97-048 Amending LUR section 2.07.14Commissioner ',pa-„ moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 97 -�
IN THE MATTER OF AMENDING THE EAGLE
COUNTY LAND USE REGULATION, 1982, AS AMENDED
Section 2.07.14
WHEREAS, Board of County Commissioners of Eagle, State of
Colorado (hereinafter the "Board ") , is authorized, pursuant to
State enabling legislation including, but not limited to,
C.R.S. 30 -28 -101, !2t sea., to plan for and regulate the use and
development to land in the unincorporated territory of the County
of Eagle, State of Colorado, for the purpose of promoting the
health, safety, convenience, order, prosperity, and welfare of the
present and future inhabitants of the County of Eagle; and
WHEREAS, the Board has adopted such zoning and subdivision
regulations, which land use regulations have been incorporated into
one comprehensive document entitled "Eagle County Land Use
Regulations" (hereinafter the "L.U.R."), pursuant to Resolution No.
82 -26, and as subsequently amended; and
WHEREAS, the Board is authorized pursuant to Section 1.04 of
the L.U.R., to promulgate, by resolution at a public meeting,
regulations of a temporary nature to be effective for a limited
period not to exceed thirty days; and
WHEREAS, on March 18, 1997, pursuant to the provisions of
Section 1.04 of the L.U.R., the Board held a hearing to consider
the adoption of temporary regulations to explain how contiguous
parcels under common ownership may be treated as single parcels
(hereinafter "Temporary Regulation "); and
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WHEREAS, by Resolution No. 97 -24 the Board approved the
adoption of the Temporary Regulation and adopted the amendment to
section 2.07.14, which provides that all contiguous lands under
common ownership outside of County approved subdivisions are
treated as merged for the purposes of the Land Use Regulations, all
as set forth therein; and
WHEREAS, the Board desires to extend the effectiveness of this
Temporary Regulation for a period of six months to codify the
policy of the Eagle County Department of Community Development that
certain contiguous parcels under common ownership are considered
merged and consequently treated as one parcel; and
WHEREAS, notice of the date, time and location and purpose of
the hearing to extend the Temporary Regulation for a period of six
months was duly published in the Eagle Valley Enterprise, a
newspaper of general circulation, on March 27, 1997, pursuant to
Section 1.04 of the L.U.R.; and
WHEREAS, it is the Board's opinion that conditions require
this action.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
SSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Temporary Regulation is amended, effective April 15,
1997, as set forth in Exhibit A attached hereto and incorporated
herein.
THAT, pursuant to the authority granted to them by law and
Section 1.04 of the L.U.R., the Board of County Commissioners
temporarily amends the L.U.R. by extending the effect of the
Temporary Regulation for a period of six months, said six months to
expire on October 15, 1997.
THAT, the adoption and extension of this Temporary Regulation
is to codify a policy of the Eagle County Department of Community
Development.
THAT, the Director of Community Development is directed to
initiate such action as may be necessary to present to this Board
within three months a proposed a permanent amendment to Section
2.07.14 of the L.U.R. relating to contiguous properties under
common ownership.
THAT, this Resolution is necessary for the public health,
safety, and welfare of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the ;t4b day of Z� ag 1997.
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H COUNTY OF EAGLE, STATE OF COLORADO
VIII " By and Through Its BOARD OF COUNTY
ATTEST: �otoa "". COMMISSIONERS
BY
Clerk to thEr Board of Johnnette Phil ips,
County Commissioners Chairman
Q AA9,i
James E. Johnson, Jr.,
Commissioner
George 4. Gates,
Commissioner
Commissioner PA,'01a1 seconded adoption of the fore-
going resolution. The roll having been called, the vote was as
follows:
Commissioner Phillips
Commissioner Johnson
Commissioner Gates
This Resolution passed by a -0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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Section 2.07.14 Contiguous Parcels
Any two or more contiguous parcels of land under one ownership constitute a single
parcel and cannot be divided into separate ownerships or separated out into a new lot,
parcel or subdivision without the prior approval of Eagle County as prescribed in these
Regulations.
In the event that two (2) or more contiguous lots or parcels of land, previously separately
conveyed or described, shall come under single ownership, regardless of diverse times .
of acquisition by the single owner and whether or not the property was acquired before
adoption of this regulation, the division of such land into two (2) or more lots, tracts, sites,
parcels, separate interests, interests in common, or other division, even if divided along
the line(s) of a previously described or conveyed lot(s) or parcel(s), shall constitute a
subdivision of land. Nothing herein shall be deemed to apply to a lot shown on any
recorded subdivision plat if such subdivision has been approved and signed by the Board
of County Commissioners.
No portion of such a lot or parcel shall be used or sold which does not meet the
development standards set forth in these Regulations, nor shall any division of the lot or
parcel be made which leaves remaining any lot or parcel which does not meet the
development standards prescribed in these Regulations.
"Single ownership" shall refer to the fee owner(s) of the lots or parcels in question, and
shall mean ownership by the same person. In considering the issue of single ownership,
consideration will be based upon the available facts whether any transfer of ownership or
execution of contract was not bona fide but was done for the purposes of evading the
combination requirements of this section.
The adoption of this regulation is not intended to make legal any previous illegal
subdivision of land, but is to give expression to the merger doctrine heretofore enforced
in Eagle County as implicit in the regulations and in Colorado law.
EXHIBIT A
