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R89-087 special use permit Tennessee Pass Mountain ResortJ RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- a/ APPROVAL OF SPECIAL USE PERMIT - Tennessee Pass Mountain Resort FILE NO: - ZS- 275 -89 -A WHEREAS, David Faulkenberg did file a Special Use application with the Eagle County Department of Community Development on or about March 17, 1989, for approval of a recreational facility within the Resource Zone District; and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That the proposed special use conforms to the requirements of section 2.09 of the Eagle County Land Use Regulations. 3. That the proposed land use will be compatible with existing uses in the area. 4. That for the above- stated and other reasons, the proposed zoning is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: u k THAT the application of David Faulkenberg, File No: ZS- 275 -89 -A, for approval of a special use of a Resort (Vance's Cabin) within the Resource Zone District in the following described unincorporated area of Eagle County be approved: See attached, Exhibit " A " THAT the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the permit: 1. Commercial use of the cabin is restricted to the winter season (as per Resolution 89 -9). This amendment extends the winter season to begin with the first day of hunting season as determined by the Division of Wildlife. 2. Seasonal activities that may disrupt wildlife (as determined by the Colorado Division of Wildlife) are subject to county review for closure or curtailment. 3. No dogs are permitted on the premise. 4. Prior to commercial use of the well, the well must be approved for commercial use by the Division of Water Resources. 5. The sleeping capacity is limited to 16 people. 6. Not approved for commercial snowmobile tours or use. 7. This permit is subject to annual review to determine if a but keeper is needed, based on the Tenth Mountain Trail Association, United States Forest Service and Colorado Division of Wildlife guidelines (operating plans) for but keepers or such other information or material deemed appropriate by the Board of County Commissioners. THAT the Board of County Commissioners directs the Department of Community Development to provide a copy of this resolution to the applicant. MOVED, READ, AND ADOPTED by the Board of Commissioners of the County of E gle, State of Colorado, meeting held the �� day of /L," , 19 9� . County at its COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF-,G0UNTY COMMISSIONERS FEW County Commissioners BY: Do Welch, C missioner BY: Bud GaW s, Commissioner Commissioner C_5 ` seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Bud Gatesf Commissioner Donald Welch �y Commissioner Richard Gustafson y 'e-- This resolution passed by Lt ///�;iZ�y vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A Patented Mining Claims, Sucker & Will County Lodes, U.S.M.s. #16722, Southwest Quarter, Section 2, Township 8 South, Range 80 West, containing 3.7 acres, more or less. COUNTY OF EAGLE STATE OF COLORADO