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R89-096 approving encroachment to platted inundation zone by Lot 6 Beaver Creekt Commissioner moved adoption �[ of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- g47 APPROVING ENCROACHMENT INTO THE PLATTED INUNDATION ZONE U BY LOT 6, TRACT A, BLOCK 1, BEAVER CREEK P.U.D. O 5 Q WHEREAS, on April 4, 1988, the Eagle County Board of County Commissioners (hereinafter "the Board ") approved a plat entitled w G "Sixth Amendment to the First Filing, and the Seventh Amendment to M the Fifth Filing, Beaver Creek Subdivision." Said plat was recorded in the office of the Eagle County Clerk and Recorder on April 4, 1988, in Book 481 at Page 618, Reception No. 377826; and r1a W Q WHEREAS, as set forth in plat note 17 of said recorded plat, o a CE no permanent structure or fixture may be constructed on those .O portions of the Sixth Amendment to the First Filing designated as 0 o "Area Subject to Inundation," except as otherwise permitted by the Beaver Creek Resort Company and the Board of County Commissioners Y of Eagle County, Colorado; and W �J WHEREAS, Warner Development, Inc. ( "applicant "), has applied M U to the Eagle County Department of Community Development for a building permit ( "the proposed development ") for Lot 6, Tract A, & = Block 1, Beaver Creek P.U.D. (the "subject property "), which falls m 0 within the inundation zone as platted on the above - referenced plat; r� W and J S CE WHEREAS, after investigation and review of floodplain reports, W including the detailed floodplain study prepared by Michael Lncn Stephens, PhD, entitled "Hydrology and Hydraulics Report for Beaver Creek" dated June 25, 1984, the Eagle County Department of u _J Community Development concurs with said applicant that the proposed 010- development of the subject property does not fall within the 100- 0.1 x year floodplain; and M W WHEREAS, Dr. Stephens' study is based on more detailed ui W information than was used in the creation of the platted inundation zone. m = � p h t°3 C'1 r a 8 S NOW, THEREFG_.,, BE IT RESOLVED BY Tx,2 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT the Board finds the proposed development of the subject property to be outside the 100 -year floodplain. THAT the Board approves encroachment by the proposed development of the subject property into the platted inundation zone to the extent that the proposed development is outside of the 100 -year floodplain. THAT the Eagle County Department of Community Development shall not withhold issuing a building permit to said applicant on the basis of said encroachment. THAT the Eagle County Department of Community Development may issue a building permit to said applicant upon the approval by the Beaver Creek Resort Company of said encroachment, and upon applicant's compliance with any and all other requirements. THAT the Beaver Creek Resort Company may indicate its approval of the encroachment by affixing its signature to this resolution as provided for hereinbelow. THAT the Board finds, determines and declares that this resolution is necessary for the health, safety and welfare of the inhabitants 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 day of Atq=st, 1989, nunc pro tunc June 5, 1989. Se/a� COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ,. L d �,, °y} Win. �Z2�� O !l /, T. By: " 9z., : , " —e P) J. Clerk to the Board of Richard L. Gustafson, Chairman County Commissioners Georg A. Gates, Commissioner Donald H. Welch, Commissioner -2- 418465 8 -522 P -298 01/31/90 14:33 PG 2 OF 3 1 �3 Commissioner 4 1 1 �� J seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: 418465 Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by /2ce,t e iRf n vote of the Board of County Commissioners of the County of Eagle, State of Colorado. CONSENT STATEMENT THE BEAVER CREEK RESORT COMPANY hereby approves the encroachment by Lot 6, Tract A, Block 1, Beaver Creek P.U.D., into the platted inundation zone; and does not object on the basis of said encroachment to the issuance by Eagle County of a building permit for construction on the subject property. I( eal STAT OF COLO County of Eagle BEAVER CCREEK RESORT COMPANY By: fiCiC / A_ , -on the basis of and in complete reliance u o the Eagle County Board of County Commissioners' findings stated in Resolution 89 - 96 ss The foregoing was acknowledced before e this � ft day of f1L�t�{ 19919, by h, � �Ci�tf and T/a r K U N 1/i as President and S , Secretary of Beaver Creek Resort Company. WITNESS my hand and official seal. NTy ocd «mission expires °r Notary Pub -3- B -Sc2 P -298 01/31/90 14:33 PG 3 OF 3 F YJ w a