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HomeMy WebLinkAboutR84-67 denial of spec ial use permit - Bend in the River Campgroundw j s RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84 -� L DENIAL OF SPECIAL USE PERMIT - Bend in the River Campground File No.- ZS- 147 -81 WHEREAS, Marge Elliott did file an application with the Eagle County Department of Community Development on or about June 21, 1984 , for approval of an amendment to an existing special use permit of Campground within the Resource Zone District, whereby the point of access is changed; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on September 26 , 1984; 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 recommendations 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 the proposed special use does not conform to the requirements of Section 2.09 of the Eagle County Land Use Regulations. 1 3. That there does not exist legal access underneath the Denver 8. Rio Grande Western Railroad trestle at the proposed access. 4. That for the above stated and other reasons, the proposed zoning is not in the best interest of the health, safety, convenience, order, properity and welfare of the citizens of Eagle County. NOW, TIiEREFORE, BE IT RESOLVED, that the petition of Bend in the River Campground for approval of an amendment to an existing special use permit within the Resource Zone District to change the point of access in the following described unincorporated area of Eagle County be disapproved: SEE ATTACHED EXIIIBIT A 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 6QA2t ,) 1984, nunc pro tunc to the 26th day of September , 1984. E ATTEST COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: �. ��.eC�L By: Joh to Ph ips Keith Troxel, Chairman Clerk to the Board of County Commissioners Dave Mott, Commissioner 'j, Dan Williams, Commissioner Q EXHIBIT A LEGAL. DESCRATION MONTGOMERY. PARCEL "A" A parcel of land located in TrnCL 45, .",rcLir,n:c 5 nnrl p, Township 2 South, Rangc 8.3 tlML of Lho Sixth Vrinr:il:a1 and 8, than according to the IndepandenL' Rcsurv, "; of :;girl Township and Range as approved on April 30, 1918; said p:,rcr:.l. of -land bc.i.ng more par.licu).ar1)' described, with all bearings herein being based on the- platted hearing of t.ho line bpvwoon Cor.nr:r No. 2 of Tract 44 located in Sections 6 .Ud 7 of. said Township and Range and Corner. No.. 1 of said Tract 45, which is West, as foljows, to wit:- lleginning at a point on the North Line Of acid Tract and the high water line of 45 the Northeasterly Bank of the Colorado River; thence along said North Line N.89 °5S'46"E. 32,16 feet to Corner No. 6 of 'Tract 39 said tract being located in Sec- tions 5, G, 7 and 8 of said Township and Range-, thence contin- uing along said North Line S "89 °54015 E. 202.38 feet to a point on the westerly Right -of- -way Bound arY. -pf the Denver and Rio Grande Western Railroad; gnchce along• said Boundary the following five ( S ) courses: 1) 478.15 fjet along the arc of a curve to the right having a. radius.Of:2540.00 feet, the chord of which bears.$.25 116105 "E. 477,44 feet 2) S.1942'31 "E. 705.00 feet 3) 688.63 feet along the arc: of a curve to the left having a radius of 3990.59 feet, the chord of which bears S.24 149'08 "E. 687,77 feet 4) S.60 014'16 "W. 100.00 feet - 5) 814.98 ,feet along the arc of a curve to the left having a radius of 4090.59 feet, the chord of which bears S.35 028'12 "E. 813.63 feet to a point on the West Line of said Tract 45;- thence alon Y:JJ- West Line S.00 °01'31 "L•'. 88.98 feet to the. Witness Corner g said 'i'it..i; Corner No. 6 of said Tract 45, a brass ca monument foundfin i!' 7' place; thence continuing '; y along said west Line 5.00 °01'31'rin GG "00 fnct to the true position for Corner No. G of said Tract t° 45; thence along the South Line of said Tract 45 S.87 °21'04 "W, ilY# 4 1322.63 feet to Corner No. 5 of said 'Tract 45; thence along Line 4 -5 of said Tract 45 N.00 003'50 "E, r ti ) No. 4 of said Tract 4,; line bet feet to Corner r thence along i•o-, 4 of said Tract 4'5 and Corner No. 6'of said Tractc39CNrneo No. 1264.75 feet toa Point on the high water line of the Norrtheaster"A''x 1 Ban''- of the Colorado River as i.t now e:: is LS; thence alone; said ' high water line the follo. ,,ing two (2) courses and clistanceS: 1) N. 24012'43"W. 52.37 fecL 2) N.35°50'00"w. 18. 21 fc(�t; to the point of beginning. Said parcel of land contains 45.1704 acres, more or less. Subject, however, to casements and "nights -df -way for roads, higlnaays, railroads, ditches and utilities of record or as same exist. Data Dav:1i`(.. %�r��e� R;'LJ )S. 14 10 9 t JK /00/255 e ra.} �x r. C i 2