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R89-117 special use permit Craig ColbyI RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- // APPROVAL OF SPECIAL USE PERMIT - Craig and Diane Colby FILE NO: - ZS- 285 -89 WHEREAS, the Colby's did file an application with the Eagle County Department of Community Development on or about August 15, 1989, for approval of a Special Use Permit to allow for the operation of a kennel within the Agricultural Residential 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 the proposed use is compatible with existing uses in the area. 2. That the proposed use would not negatively affect the character of the neighborhood. 3. That the area has adequate access along Salt Creek Road (Eagle County Road S -8A). 4. That the property has adequate water and sanitation services. 5. That the physical arrangement of the proposed use is appropriate. 6. That the .proposed use is compatible with the Eagle County Master Plan. 7. That an Environmental Impact Report is not required. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: That the application of Craig and Diane Colby, File No. ZS- 285 -89, for approval of a special use of kennels within the Agricultural Residential Zone District in the following 3 described unincorporated area of Eagle County be approved: Lot B, Ace Tract, County of Eagle, State of Colorado 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. That the operation be limited to 12 pens for 12 animals in a 24 x 24 foot building. 2. That an annual review of this permit be conducted by the Department of Community Development with the assistance of Eagle County Animal Control. 3. Any of the following conditions shall constitute non - compliance with the conditions of this Special Use Permit: 1. Animals running at large. 2. Excessive noise outside the boundaries of the property on which the use is located. 3. Offensive odors outside the boundaries of the property on which the use is located. 4. Any negative impacts on the health, safety, and welfare of nearby property owners. 5. Any legitimate complaint by nearby property owners, substantiated by the Eagle County Zoning Administrator. 6. Any complaints filed by the Eagle County Department of Community Development or Eagle County Animal Control. 7. Sign shall be less than 12 square feet. 8. Animals shall be kept inside at night (in the structure and not in the runs). THAT, the Board. of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the applicant. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. c:rerx VS Wit! auaiu V� County Commissioners } MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the day of 19 . COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD O CO NTY COMMISSIONERS F1 BY: 4 2 Georgg A. Gates, Commissioner Commissioner G s seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner Donald H. Welch Commissioner George A. Gates This Resolution passed by n/IQ {tl yj( S� vote of the Board of County Commissioners of the County of Eagle, State of Colorado.