HomeMy WebLinkAboutR93-056 Special Use Permit Eagle River Mobile Home ParkWHEREAS, Eagle River Mobile Home Park, Ltd., A Colorado
Limited Partnership ( "Applicant ") did file an application with
the Eagle County Department of Community Development on or about
February 1, 1993, for a Special Use Permit for a radio antenna
for commercial use in which transmissions are sold to consumers
and a utility substation, within a Residential Suburban Low
Density Zone District, in the unincorporated area of Eagle County
described as follows:
Parcel 1
Lot 3, Section 6, Township 5 South, Range 82 West of the 6th
Principal Meridian, County of Eagle, State of Colorado,
except that land conveyed to the Colorado State Highway
Department of the State of Colorado by deed recorded October
25, 1948 in Book 126 at Page 667 and except the Right of Way
of the Denver and Rio Grande Western Railroad Company,
County of Eagle, State of Colorado.
Parcel 2
A parcel of land being the Southeast ; of the Northwest '-,
and all of the West i of the Northeast ; lying South of U.S.
Highway No. 6, Section 6 Township 5 South, Range 82 West of
the 6th Principal Meridian, County of Eagle, State of
Colorado, more particularly described as follows:
Beginning at the Southeast corner of said West k of the
Northeast ; of Section 6, being a steel pin with cap, thence
North 890 41' 12" West, a distance of 2672.24 feet to the
Southwest corner of said Southeast ; of the Northwest ; of
Section 6, being a steel pin with cap, thence North 000 20'
24" East a distance of 1319.66 feet to the Northwest corner
of said Southeast ', of the Northwest , of Section 6 being a
steel pin with cap, thence North 890 50' 31" East a distance
of 1340.88 feet to the Northeast corner of said Southeast ',
of the Northwest ', of Section 6, being a steel pin with cap,
thence North 000 32' 35" East along the West line of said
Northeast '-, of Section 6, a distance of 165.18 feet to a
point of intersection with the Southwesterly Right of Way of
said U.S. Highway No. 6 being a steel pin with cap, thence
along said Right of Way for the following two courses:
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Commissionf L , Ps, e3oko2a moved
—
adoption
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off the fol owing Resolution:
V
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
y
RESOLUTION NO. 93_ -
a
APPROVAL OF SPECIAL USE PERMIT
Eagle River Mobile Home Park, Ltd.,
`
A Colorado Limited Partnership
FILE NO. ZS- 333 -93
WHEREAS, Eagle River Mobile Home Park, Ltd., A Colorado
Limited Partnership ( "Applicant ") did file an application with
the Eagle County Department of Community Development on or about
February 1, 1993, for a Special Use Permit for a radio antenna
for commercial use in which transmissions are sold to consumers
and a utility substation, within a Residential Suburban Low
Density Zone District, in the unincorporated area of Eagle County
described as follows:
Parcel 1
Lot 3, Section 6, Township 5 South, Range 82 West of the 6th
Principal Meridian, County of Eagle, State of Colorado,
except that land conveyed to the Colorado State Highway
Department of the State of Colorado by deed recorded October
25, 1948 in Book 126 at Page 667 and except the Right of Way
of the Denver and Rio Grande Western Railroad Company,
County of Eagle, State of Colorado.
Parcel 2
A parcel of land being the Southeast ; of the Northwest '-,
and all of the West i of the Northeast ; lying South of U.S.
Highway No. 6, Section 6 Township 5 South, Range 82 West of
the 6th Principal Meridian, County of Eagle, State of
Colorado, more particularly described as follows:
Beginning at the Southeast corner of said West k of the
Northeast ; of Section 6, being a steel pin with cap, thence
North 890 41' 12" West, a distance of 2672.24 feet to the
Southwest corner of said Southeast ; of the Northwest ; of
Section 6, being a steel pin with cap, thence North 000 20'
24" East a distance of 1319.66 feet to the Northwest corner
of said Southeast ', of the Northwest , of Section 6 being a
steel pin with cap, thence North 890 50' 31" East a distance
of 1340.88 feet to the Northeast corner of said Southeast ',
of the Northwest ', of Section 6, being a steel pin with cap,
thence North 000 32' 35" East along the West line of said
Northeast '-, of Section 6, a distance of 165.18 feet to a
point of intersection with the Southwesterly Right of Way of
said U.S. Highway No. 6 being a steel pin with cap, thence
along said Right of Way for the following two courses:
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1. South J 27' 32" East a distance 1367.49 feet;
2. South 750 10' 10" East a distance of 56.34 feet to a
point of intersection with the East line of said West k of
the Northeast k of Section 6 being a steel pin with cap,
thence South 000 44' 35" West a distance of 1008.96 feet to
the point of beginning, County of Eagle, State of Colorado.
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 Planning Commission, and comments from all interested
parties, the Board of County Commissioners of the County of
Eagle, State of Colorado ( "the Board "), finds as follows:
1. That proper publication and public notice was provided
as required by law for the hearings before the Planning
Commission and the Board.
2. That the proposed special use conforms to the require-
ments of Section 2.09 of the Eagle County Land Use
Regulations, which are incorporated herein as if set
forth with particularity.
3. That the proposed special use will be compatible with
existing uses in the area.
4. That the following have been considered: The potential
effect of the use on the character of the neighborhood,
adequacy of access to and from the area,
appropriateness of the physical arrangement of the use
on the proposed site, and consistency with the Master
Plan.
5. That for the above - stated and other reasons, the
proposed special use 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:
That the application of Eagle River Mobile Home Park, Ltd.,
A Colorado Limited Partnership, File No. ZS- 333 -93, for a Special
Use Permit for a radio antenna for commercial use in which
transmissions are sold to consumers and a utility substation
within the Residential Suburban Low Density Zone District de-
scribed herein, be approved, subject to the conditions as set
forth herein.
THAT, the following conditions shall be placed upon this
approval and that violation of any condition shall be the basis
for revocation of the Special Use Permit:
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1. Evergi n trees of at least 10' i
planteu" "along the north and west
order to screen them from view as
plan dated March 22, 1993. These
maintained in healthy condition.
eight should be
sides of the dishes in
shown on the site
trees should be
2. The existing storage shed should be painted.
3. The CDOT Utility Permit should be approved and a copy
submitted to Staff for the file prior to the start of
construction.
4. Should the opportunity to provide service outside the
Park be pursued, all necessary easements or permission
from affected properties must be obtained.
5. Failure to comply with any terms, conditions or
provisions of the special use permit will subject the
permittee to the possibility of a revocation hearing
before the Board.
6. All material representations made by the Applicant in
the application and public meeting shall be adhered to
and considered conditions of approval, unless otherwise
amended by other conditions.
THAT, this permit shall be subject to periodic review by the
'Planning Department, and shall be heard by the Board of County
Commissioners only if complaints are received and not
satisfactorily resolved by the staff.
THAT, the Board of County Commissioners directs the r
Department of Community Development to provide a copy of this
Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that
this Resolution is necessary for the health, safety and welfare
of the citizens of Eagle County.
KI
MOVED, READ "AND ADOPTED by the Board ot` "'County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the o2 5- day of %f .
1993, nunc pro tunc to the 18th day of May, 1 3.
ATTE
By:
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
di P
By:
Georg e^. Gates, Chairman
5 hnnette Phillips, Commis'ioner
mes E. J on, J:5, Commissioner
Commissioner Au Loaj seconded
adoption of the foregoing esolution. The roll having been
called, the vote was as follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr. z1Z
This Resolution passed by 3 —cp vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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