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HomeMy WebLinkAboutR00-076 denying appeal of Jerry Nelson to alter lot lines by amended final platCommissioner, , , _,_ e _ moved adoption of a following Resolution: of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLOR] RESOLUTION NO. 2000 - 1j) E C E I W E EAGLE COUNTY ATTORNEY A RESOLUTION DENYING AN APPEAL OF STAFF DECISION BY JERRY D. NELSON --AND SHARLA R. NELSON THAT AN AMENDED FINAL PLAT CAN NOT BE USED TO ALTER LOT LINES BETWEEN TWO SUBDIVISION EXEMPTION PARCELS WHEREAS, Jerry D. Nelson and Sharla R. Nelson ( "Applicant") were granted Exemptions from Subdivision Regulations for two contiguous parcels of land, the Joe Tract and the Shaefer Tract, Files Number SE- 284 -92 (Resolution No. 92 -168) and SE- 285 -92 (Resolution No. 92 -169; WHEREAS, on or about February 22, 1999 Applicant submitted to the Eagle County Department of Community Development an application for an Amended Final Plat to change the lot line between these two Subdivision Exemptions; WHEREAS, the Community Development Director determined preliminarily, based on the Eagle County Land Use Regulations, that since no Final Plat for Subdivision had been created same can not be Amended (Section 5 -280.B [ Subdivision ] Procedures WHEREAS, the Community Development Director notified Applicant by letter dated March 28, 2000 that the application for an Amended Final Plat could not be processed; WHEREAS, Applicant filed an appeal of that decision pursuant to Eagle County Land Use Regulations Section 5 -2400, by Notice of Appeal dated March 28, 2000; WHEREAS, a public hearing was held on May 22, 2000, at which Applicant presented its appeal to the Board of County Page -1- 1 IN I11 732541 06/20/2000 03:54P 370 Sara Fisher 1 of 3 R 0.00 D 0.00 N 0.00 Eagle CO Commissioners, stating its grounds for appeal and presenting all materials and evidence in support of its appeal; and the Community Development Department responded; and the Board received and heard all evidence and argument offered by all interested persons; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds: (1) The appeal was timely filed; and (2) That Applicant had filed an application for an Amended Final Plat; and (3) That since no Final Plat for Subdivision had been created same can not be Amended; and (4) That the discussion of matters other than the availability of the Amended Final Plat process as set forth in the Community Development Director's letter dated March 28, 2000 was informational only and not a final decision from which an appeal may be taken under Section 5 -24000 since such matters were not directly related to the Nelson's application, which was solely for an Amended Final Plat; and THAT, based on the findings, the Board concludes that the Community Development Director's decision properly reflected the Eagle County Land Use Regulations; and THAT, the decision of the Community Development Director is affirmed, and Applicant's appeal is denied; and THAT, Applicant's $625.00 application fee shall be refunded to Applicant; and THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. Page - 2 - C ; MOVED, READ AND ADOPTED by the Board of County Commissioners of the Co of Eagle, State of Colorado, at its regular meeting un held the day o /, 2000, nunc pro tunc May 22, 2000. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: r ? 0 OARD OF COUNTY COMMISSIONERS Clerk to the Board o County Commissioners Michael GalI Commissioner Commissioner seconded adoption of the foregoing resolution e roll having been called, the vote was as follows: Commissioner Stone Commissioner Phillips Commissioner Gallagher This Resolution passed by /� vote of the Board of County Commissioners of :h e County of Eagle, State of Colorado. By: mom C. Stone, Chairman Page -3-