HomeMy WebLinkAboutR95-016 denying issuance of building permit No. 6762S <
Commissioner rz iJ moved adoption
of the following Resolution:
BOARD OF'COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95 - Z_
RESOLUTION AND FINDINGS
DENYING ISSUANCE
OF BUILDING PERMIT APPLICATION NUMBER 6761
WHEREAS, on October 12, 1994, Mr. Philip Purdy, on behalf of
Rocky Mountain Concrete and Pumping (hereinafter "Applicant ")
applied for building permit application nuftber 6761 to construct a
5000 square foot building on Lot 1, Neumayr Brown Subdivision in
Dotsero, Colorado for the storage and maintenance of construction
vehicles; and
WHEREAS, the property in question is zoned Commercial General;
and
WHEREAS, the Eagle County Department of Community Development
denied to issue the permit requiring the issuance of a special use
permit prior to construction; and
WHEREAS, Applicant asserts that the use of the property is an
allowed use pursuant to Section 2.06.10; and
WHEREAS, pursuant to Section 1.17. of the Eagle County Land
Use Regulations, Applicant appealed this denial to the Eagle County
Board of County Commissioners (hereinafter "Board "); and
WHEREAS, the appeal hearing was held on January 3, 1995, at
which time the Board heard testimony and reviewed evidence
regarding the denial of building permit application number 6761;
and
WHEREAS, based on said testimony and evidence the Board
affirms the decision of the Eagle County Department of Community
Development to deny the issuance of building permit application
number 6761 and finds:
1. the property is zoned commercial general; and
2. the Applicant's trucks to be vehicles and machinery which
will be used in the construction industry and which are not or will
not be used on said parcel and that therefore pursuant'to Section
2.05.26 the Applicant's proposed use meets the definition of a
Contractor's Storage Yard; and
3. that in determining the Applicants proposed use meets the
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definition of a Contractor's Storage Yard the Board applied the
provisions of Section 1.06(3) of the Eagle County Land Use
Regulations which provides that whenever both a provision of the
Land Use Regulations and any other provision of such Regulations
contain any restrictions covering any of the same subject matter,
whichever restrictions are more restrictive or impose higher
standards or requirements shall govern; and
4. that in determining the Applicants proposed use meets the
definition of a Contractor's Storage Yard the Board applied the
provisions of Sections 1.07(1) of the Eagle County Land Use
Regulations, which governs the construction of language within the
Land Use Regulations, and states that the particular has precedence
over general statements; and
5. that pursuant to Section 1.06(1) the burden of proof is on
the applicant to show full compliance with the purpose of the Land
Use Regulations; Applicant has failed to show that the proposed use
is other than a Contractor's Storage Yard and has failed to meet
his burden; and
6. that pursuant to Section 2.06.10(3) (10) of the Eagle
County Land Use Regulations a contractor's storage yard is a
"special use" in the Commercial General Zone District.
. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, based on the findings, above, the Board affirms the
decision of the Eagle County Department of Community Development in
denying the issuance of building permit application number 6761.
THAT, this resolution is necessary for the health, welfare,
and safety of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, Sta of Colorado, at its,regular meeting
held the day of _, 1995.
ATTEST:
®� COUNTY OF EAGLE,
COLORADO, By and
BOARD OF COUNTY
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_d1erk to the oard of
County Commissioners
STATE OF
Through Its
COMMISSIONERS
r
Georg A. ates, Commissioner
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IF
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tte Phil-l issioner
hnne p , Co
Commissioner seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr.�
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by y - 0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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