HomeMy WebLinkAboutR82-063 Denial of Zone Change Amendment - John SevoRESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION No. 82- 3
DENIAL OF ZONE CHANGE AMENDMENT - JOHN M. SEVO
File No. - ZC- 170 -82
WHEREAS, JOHN M. SEVO did file a
petition with the Eagle County Department of Community
Development on or about June 1 1982, to rezone the
wW' herein described property in Eagle County from Agricultural
Zone District to Industrial and Commercial General Zone
District; and
WHEREAS, a public hearing was held by the Board of
County Commissioners of the County of Eagle, State of
Colorado, on July 28 , 1982 ; 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 changing conditions clearly does not require
an amendment to the Zone District designation presently
placed on the subject property.
3
4. That the area in question does not possess the
geological, physical or other environmental conditions
4'
compatible with the characteristics of the use requested.
5. That the disadvantages of the use requested
outweighs the advantages.
6. That changing conditions clearly does not require
an amendment to the Zone District designation presently
placed on the subject property.
7. That the proposed rezoning is not necessary in
order to provide land for a demonstrated community need.
8. That there is a need for reasonable stability in
zoning.
9. That for the above - stated and other reasons, the
proposed zoning is not in the best interest of the health,
safety, 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 petition of JOHN M. SEVO , File
Number ZC- 170 -82 , for a zoning amendment to change from
Agricultural Zone District to Industrial and Commercial
General Zone District be and is hereby denied relative to
the following described property located in the
unincorporated territory of Eagle County:
See Exhibit "A"
MOVED, READ, AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at
2
3 t s
its meeting
g this� "' day of August 1982, nunc pro tunc
to 28th day of July , 1982.
ATTEST
By • '�lC t ICS,` ji1
Z
nnette Phr33 ps
G erk to the Board of
County Commissioners
3
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: �, f
Dale F. Grant, Chairman
Keith Troxel, Commissioner
EXHIBIT A
act �:o. 57 of Sections
25 West of the 6th
eat Resurvey of said
Surveyor General's
General Land Office
en originally de-
and W 1/2 SE 1/4 of
th P.M., Colorado, and
described and patented
1/2 NIK 1/4• of
_.6_•th_D..� __ Cclnxado �. -- _ -• _
f land conveyed by .
to County of Eagle in
dated the 4th day of
uaent lo. 73422 in Book
ice of the County
ago, described as
56 in To. 5 S., R. 85
ependent Resurvey of
i Land Office June 6,
escribed and patented
ion 3, Tp: 5 S., R. 85
scribed as follows:
6 identical with
4 of Tract No. 58 and
ship and Range;
Zo. 4 of said Tract
a;o. •3
5> in
No
1
\o. 2
Tp. 5 S., R. 85 W.,
o Johnnie W. Woodard,
.o. 101504 in Book 168
County, Colorado.
Tract 4o. 56 of Sections 3 and 10, and Tr
3 and 10, all in Township -o. 5 S., Range
P.M., Colorado, according to the Independ
To•.mship and Range approved by the U. S.
Office June 20, 1922 and accepted by the
June 6, 1923; said Tract No. 56 having be
scribed and patented as the N 1/2 Sk 1/4
Section 3 in Tp. 5 S., R. 85 W., of the 6
said Tract ia. 57 having been originally
as the S 1/2 SW 1/4 of Section 3, and the
Section 10, in Tp. 5. S., R. 85 Vi., of the
Excepting, however, that certain parcel o
Charles He.miberger and George R.- Spangler
the State of Colorado, by Quit Claim need
December, A.D. 1945, and recorded as Doc
122 at Page 358 of the records in the off
Clerk and Recorder of Eagle County, Color
follows:
That certain part of portion of Tract No.
W., of the 6th P.M., according to the ind
township and range accepted by the Genera
1923 said Tract 2:0. 56 being originally d
as the N 112 SW 1/4 and V1 1/2 SE 1/4 Sect
w., of the 6th P.M., more particularly de
Beginning at Corner 130. 2 of said Tract 5
Corner No. 3 of Tract No. 55, Corner ''_�o.
Corner No. 1 of Tract \o, 59 in said :own
thence S 0021' W 758.54 feet;
thence 17 700 E 496.67 feet;
thence S 0 °21' W 734.21 feet;
thence N 88 °49' E 2158.32 feet
56;
thence 17 88 °32' E 1336.36 feet
identical with Corner I-Ro. 2 of
and Range;
thence 17 0 °05' E 1366.20 feet
56;
thence.S 89 °13'. W 3953.40 feet
56, the place of beginning.
to Corner
to Corner
Tract so.
to Corner N
to Corner..
2"
at Page 579 of aforesaid records, Eagle
of Tract
said Township
>f said Tract No.
of said ..Tract: .._
Excepting the S•r7 1/4 'SE 1/4 of Section 3,
-�' 6th Q.M., conveyed by Charles Ae.*.;bercer t
by Quit Claim Deed recorded as Document
b
n IY
1
n
EXHIBIT A
act �:o. 57 of Sections
25 West of the 6th
eat Resurvey of said
Surveyor General's
General Land Office
en originally de-
and W 1/2 SE 1/4 of
th P.M., Colorado, and
described and patented
1/2 NIK 1/4• of
_.6_•th_D..� __ Cclnxado �. -- _ -• _
f land conveyed by .
to County of Eagle in
dated the 4th day of
uaent lo. 73422 in Book
ice of the County
ago, described as
56 in To. 5 S., R. 85
ependent Resurvey of
i Land Office June 6,
escribed and patented
ion 3, Tp: 5 S., R. 85
scribed as follows:
6 identical with
4 of Tract No. 58 and
ship and Range;
Zo. 4 of said Tract
a;o. •3
5> in
No
1
\o. 2
Tp. 5 S., R. 85 W.,
o Johnnie W. Woodard,
.o. 101504 in Book 168
County, Colorado.
Tract 4o. 56 of Sections 3 and 10, and Tr
3 and 10, all in Township -o. 5 S., Range
P.M., Colorado, according to the Independ
To•.mship and Range approved by the U. S.
Office June 20, 1922 and accepted by the
June 6, 1923; said Tract No. 56 having be
scribed and patented as the N 1/2 Sk 1/4
Section 3 in Tp. 5 S., R. 85 W., of the 6
said Tract ia. 57 having been originally
as the S 1/2 SW 1/4 of Section 3, and the
Section 10, in Tp. 5. S., R. 85 Vi., of the
Excepting, however, that certain parcel o
Charles He.miberger and George R.- Spangler
the State of Colorado, by Quit Claim need
December, A.D. 1945, and recorded as Doc
122 at Page 358 of the records in the off
Clerk and Recorder of Eagle County, Color
follows:
That certain part of portion of Tract No.
W., of the 6th P.M., according to the ind
township and range accepted by the Genera
1923 said Tract 2:0. 56 being originally d
as the N 112 SW 1/4 and V1 1/2 SE 1/4 Sect
w., of the 6th P.M., more particularly de
Beginning at Corner 130. 2 of said Tract 5
Corner No. 3 of Tract No. 55, Corner ''_�o.
Corner No. 1 of Tract \o, 59 in said :own
thence S 0021' W 758.54 feet;
thence 17 700 E 496.67 feet;
thence S 0 °21' W 734.21 feet;
thence N 88 °49' E 2158.32 feet
56;
thence 17 88 °32' E 1336.36 feet
identical with Corner I-Ro. 2 of
and Range;
thence 17 0 °05' E 1366.20 feet
56;
thence.S 89 °13'. W 3953.40 feet
56, the place of beginning.
to Corner
to Corner
Tract so.
to Corner N
to Corner..
2"
at Page 579 of aforesaid records, Eagle
of Tract
said Township
>f said Tract No.
of said ..Tract: .._
Excepting the S•r7 1/4 'SE 1/4 of Section 3,
-�' 6th Q.M., conveyed by Charles Ae.*.;bercer t
by Quit Claim Deed recorded as Document