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
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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.
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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
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