HomeMy WebLinkAboutR89-096 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.
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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
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WHEREAS, as set forth in plat note 17 of said recorded plat,
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no permanent structure or fixture may be constructed on those
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portions of the Sixth Amendment to the First Filing designated as
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"Area Subject to Inundation," except as otherwise permitted by the
Beaver Creek Resort Company and the Board of County Commissioners
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of Eagle County, Colorado; and
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WHEREAS, Warner Development, Inc. ( "applicant "), has applied
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to the Eagle County Department of Community Development for a
building permit ( "the proposed development ") for Lot 6, Tract A,
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Block 1, Beaver Creek P.U.D. (the "subject property "), which falls
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within the inundation zone as platted on the above - referenced plat;
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and
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WHEREAS, after investigation and review of floodplain reports,
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including the detailed floodplain study prepared by Michael
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Stephens, PhD, entitled "Hydrology and Hydraulics Report for Beaver
Creek" dated June 25, 1984, the Eagle County Department of
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Community Development concurs with said applicant that the proposed
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development of the subject property does not fall within the 100-
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year floodplain; and
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WHEREAS, Dr. Stephens' study is based on more detailed
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information than was used in the creation of the platted inundation
zone.
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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
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�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
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418465 8 -522 P -298 01/31/90 14:33 PG 2 OF 3
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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
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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
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B -Sc2 P -298 01/31/90 14:33 PG 3 OF 3
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