HomeMy WebLinkAboutR1979-41 Application for Zone Change - Leslie Shapiro 41,
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RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
In re the Application of Leslie S. Shapiro for a change of zoning from
R- Resource to AG- Agricultural Residential.
WHEREAS, the Applicant, Leslie S. Shapiro, pursuant to the Zoning
Resolution of Eagle County, Colorado, 1974, as amended, did file an
application with said County for a zone change from R- Resource to
AG- Agricultural Residential with respect to certain real property owned
by the Applicant situate in Squaw Creek, County of Eagle, Colorado; and
WHEREAS, public hearings regarding said zone change request were
held on July 5, 1979, and September 5, 1979, before the Eagle County
Planning Commission and on September 24, 1979, before the Board of
County Commissioners, County of Eagle, State of Colorado; and
WHEREAS, notice was given by publication in the Eagle Valley Enterprise
on June 14, 1979, for the hearings before the Eagle County Planning
Commission and on September 13, 1979 for the hearing before the Board
of County Commissioners, and individual notices were mailed to the
Applicant and adjacent landowners; and
WHEREAS, based on the evidence, testimony, exhibits, study of the
Master Plan for the unincorporated area of the County, comments of
the Eagle County Planning Department, recommendations of the Eagle
County Planning Commission, and comments from the Applicant and
all interested
parties, the Board at the public hearing on September
P ,
24, 1979, denied said request for a zone change and for its reasons
stated as follows:
a. That the proposed zone change will not be compatible with existing
and permitted land uses in this area.
b. That changing conditions clearly do not require amendment to the
Zoning Resolution of the County of Eagle.
c. That the proposed zone change is inappropriate and premature
at this time.
d. The County road presently in existence is not capable of handling
the traffic which will be generated if the proposed zone change
is approved. -
e. That the proposed zone change is not in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Eagle County.
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WHEREAS, on or about November 9, 1979, a Motion for Reconsideration
and New Hearing with respect to said request for a zone change was submitted
to this office. Said Motion is set forth in Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, on November 13, 1979, said Motion was presented to the
Board for its consideration. The Applicant, Leslie S. Shapiro, was
present at said public meeting; and
WHEREAS, the Board at said public meeting heard all interested
parties and reveiwed all evidence, testimony and studies which had
been previously submitted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners,
County of Eagle, State of Colorado:
THAT, the Motion for Reconsideration and New Hearing pertaining
to the application of Leslie S. Shapiro for a zone change from
R- Resource to AG- Agricultural Residential is hereby denied
and for its reasons states as follows:
a. That, there was sufficient evidence at the hearing before the
Board of County Commissioners held on October 24, 1979, to
support the denial of Applicant's application for a zone
change;
b. That, the Applicant was permitted to sufficiehtly=addtess the concerns
and questions raised by the Board and by the public comments;
c. That, the hearing was conducted in an orderly and fair manner, and
Applicant was afforded procedural due process;
d. That, said hearing did meet the standards and requirements for
quasi - judicial action as established in Colorado law.
MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners,
County of Eagle, State of Colorado, at its regular meeting held this
19th day of November, 1979.
ATTEST: COUNTY OF EAGLE, STATE OF COLORADO
by and through its
Board of County Commissioners
401 1 , ,/ -� By: Dan Williams- abstains
Clerk of the Boa d of Chairman, Dan Williams
County Commissioners
Keith Troxel
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Dale Grant