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HomeMy WebLinkAboutMinutes 05/28/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 28, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher Chairman Commissioner Corrmissioner Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Commissioner Phillips moved to adjourn from Executive Session and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ranch at Berzy Creek Earlene Roach, Liquor Inspector, presented an application for an Optional Premise license for Equestrian's Inc., dba/Ranch at Berry Creek. She related all documentation is in order and all fees have been paid. This matter was presented to the Commissioner's on May 21, 1996. At that hearing there were several questions. Section 47-138.1 of the Colorado Liquor Code defines measuring the distance as measuring from the school property line to the building in which alcohol is to be sold. In this application the building where the alcohol is to be sold is farther than 500 feet from the school property line. However the applicant has agreed to move their licensed boundary back 500 feet. Staff does have a letter from the landlord indicating their approval of alcohol service at all events. The property is zoned Resource. Staff has been notified by the Assessor's Office and the Treasurer's Office there is approximately $15,000 in outstanding taxes not paid as of this date. The past Treasurer believed by not paying property taxes it affected the character of the applicant, therefore leaving the Commissioner's an alternative to approval of said license. As far as boundaries are concerned, Staff believes the boundaries are distinct. Staff recommended approval. Ms. Roach submitted the petition to the Board to establish need. Gail Grider McDonald, applicant, explained they currently have a management contract and they understood their taxes were exempt. The current Treasurer sees their contract as a lease rather than a management agreement. They are not saying they won't pay the taxes but there is a need to define what the value is and the true tax issue. She has submitted an abatement and will await a hearing. Mary Jo Berenato, Deputy County Attorney, stated Ms. Grider has followed the appropriate steps by fillng an abatement. Ms. Grider explained the tax is property tax but because the Recreation District is tax exempt, it is passed on to the lease authority. She stated she does not see it being the Recreation Departments responsibility. She stated there are four schedules, two of which have been paid and two have not. At this point, taxes are not delinquent. Ms. Berenato stated if a business for profit exists in a governmentally owned building, it is taxable. Ms. Berenato stated that is Mr. Black's position and will be reviewed at the abatement hearing. Ms. Grider stated hopefully through the abatement process they can better define the taxable property. They are prepared to pay the taxes in whole if necessary. Chairman Gates asked if this can then be held against the applicant in pursuit of their liquor license. Ms. Berenato stated it is a decision of the Board. She questioned the letter from the landlord. 1 Ms. Roach stated the letter from the landlord has been received. commissioner Johnson asked about food sales while there is alcohol service. Ms. Grider explained they will be havin$ food catered during special events. Otherwise they will have snacks avallable. Ms. Roach stated Optional Premise does not require food service. Ms. Grider stated they have a pretzel machine, hot dog machine and popcorn. She stated that lS mainly for after hours. Ms. Berenato reminded the Board they must establish the neighborhood, the need and the desire of the inhabitants. Commissioner Phillips stated those requirements are for a new licenses. Ms. Roach stated they still must establish the appropriate boundaries. Ms. Roach stated she used a two mile radius from the building. Commissioner Johnson moved to establish the neighborhood of the Equestrian center as a two mile radius from the building. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to establish the need and accept the petition into the record. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson asked why they need to license the entire 90 acres instead of just the arena. Ms. Grider explained the Polo Field and the desire to have weekend brunches. She also stated they would like to host hayrides and sleighrides. Commissioner Johnson asked about security. Ms. Grider explained. Commissioner Johnson suggested the lease be modified and that a letter is not acceptable. Ms. Roach presented the Board with a copy of the letter. Ms. Grider stated they are in the process of rewriting the management agreement and the overall operations. She stated when they do that they will clarify the alcohol issue as well. Ms. Roach asked about the boundary line and whether the Board wants to move it. Commissioner Phillips feels that has been determined to not be an issue. Commissioner Johnson stated he would like to see the boundary line defined so that it is five hundred feet of the property line from the school. Ms. Grider stated she can easily pull up a snow fence and mark it accordingly. Commissioner Johnson moved to approve an Optional Premise license for Equestrian's, Inc., dba/Ranch at Berry Creek with the stipulations mentioned above including the boundary being moved back 500 feet from the barbed wire fence and a snow fence with signage be used as the new boundary line, the lease modification and payment of property taxes as determined within six months. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County commissioners. commissioner Phillips seconded the motion. The vote was declared unanimous. PD-293-96-AF3, Ranch at Cordillera Kathy Eastley, Planning Technician, presented file number PD-293-96-AF3, Ranch at Cordillera, Lot 7, Filing 8. She stated this was a request to amend the buildin$ envelope. The PUD Control Document, states planning parcel J is to create slngle family development. She stated the amendment slightly adds to the housing on the site. Staff recorrmended approval. Commissioner Phillips moved to approve file number PD-293-96-AF3, Ranch at Cordillera, Lot 7, Filing 8. Commissioner Johnson seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 SU-351-96-AF1, Horseshoe Hills Subdivision Kathy Eastley presented file number SU-351-96-AFl, Horseshoe Hills Subdivision. She stated this was a request to amend the building envelope. She explained the location of the ~roperty. She related this amendment will not allow this subdivision to infrlnge on the view corridor. Staff recommended approval. Corrmissioner Johnson moved to approve file number SU-351-96-AF1, Horseshoe Hills Subdivision, incorporating Staff findings. Commissioner Phillips seconded the motion. The vote was declared illlanimous . T- 31- 96, Randy Cook Teq>orcuy Housing Pattie Haefeli, Planning Technician, presented file number T-31-96, Randy Cook Temporary Housing. She stated this was a request for a temporary housing permit. She stated the Cook's would like to reside in a mobile home while constructing their permanent residence. Staff recommended approval with the following conditions: 1) The mobile home must be removed from the property prior to any final inspections for the new residence. 2) Not more than one temporary structure on site. 3) This permit is valid for six months. Chairman Gates noted for the record Alamo Creek has been known to flood in the past. Commissioner Phillips moved to approve file number T-31-96, Randy Cook Temporary Housing, incorporating Staff findings and conditions and notation of the possible flooding of Alamo Creek. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Consent Calendar Chairman Gates stated the next item on the agenda was the consent calendar as follows: 1) Bill paying for week of May 26, 1996. Commissioner Johnson moved to approve the consent calendar as presented subject to review by County Administrator. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Kathy Eastley stated the next item on the agenda was plat and resolution signing as follows: 1) SM-1039-96, Las Vistas at Singletree, Phase V. She stated this is a Minor Type B Subdivision, a resubdivision of a portion of Tract B to create a condominium building containing 6 units. The current zoning is PUD Multi-family. Commissioner Phillips moved to approve file number SM-1039-96, Las Vistas at Singletree, Phase V. Commissioner Johnson seconded the motion. The vote was declared illlanimous . 2) Resolution 96-62, ZS-382-96, El Jebel Mobile Home Park. She stated this Resolution was for approval of a Special Use Permit with conditions, for expansion of an existing mobile home park in the RSM Zone District. Commissioner Johnson moved to approve Resolution 96-62, file number ZS- 382-96, EI Jebel Mobile Home Park. Commissioner Phillips seconded the motion. Chairman Gates stated the set back issue will be addressed at final plat. 3 Chairman Gates called for the question on the motion. The vote was declared unanimous. 3) Resolution 96-63, PD-348-95-S, Lone Pine Estates. She stated this Resolution was for denial of a PUD Sketch Plan application located in Edwards. Commissioner Phillips moved to approve Resolution 96-63, denying file number PD-348-95-S, Lone pine Estates. Chairman Gates seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Johnson abstained. 4) Resolution 96-64, PD-291-96-A, Riverwalk at Edwards. She stated this Resolution was for approval with conditions, of a PUD Amendment which will provide for the pre-sale of units and clarify zoning provisions as defined in the PUD Guide. Commissioner Phillips moved to approve Resolution 96-64, file number PD- 291-96-A, Riverwalk at Edwards. Chairman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. commissioner Johnson abstained. 5) Resolution 96-65, ZS-362-95, Eagle Win$"s on Cooley Mesa. She stated this was a Resolution for approval with condltions, of a Special Use Permit for a Contractor's Storage Yard within the Resource Zone District. Commissioner Johnson moved to approve Resolution 96-65, file number ZS- 362-95, Eagle Wings on Cooley Mesa. Commissioner Phillips seconded the motion. Commissioners Gates and Phillips voting aye, Commissioner Johnson voting no. PD-346-95-S, The Ranch House Paul Clarkson, Planner, presented file number PD-346-95-S, The Ranch House. He stated this was a request to consider one single family bed & breakfast, one 4-plex, one single family workshop garage, contractors storage and riding stable & kennel. He explained the location of the pro~erty. Ken Long, Isom & Associates, pointed out on a plat the locatlon of the property. He presented ~ictures of the property. Scott Ziegler, appllcant, stated the Reserve on the Eagle River was formerly owned by Hubert Peterson. Mr. Long stated the applicant would like to split the property into three lots, one for the current bed and breakfast, one for the construction storage, and a garage with and employee housing unit. Mr. Long stated there will be a total of three employee housing units. He stated the applicant would like to reserve space for parking of his business vehicles. There are three horses, dogs, chickens and a tom turkey. Mr. Long stated most of the businesses who do snow plowing and such do have their vehicles stored on site. He stated the applicant built a berm between six and eight feet high on the highway side of the house. There is vegetation on top of the berm. There are cottonwood trees on the river side of the property shielding it from the Reserve on the Eagle River. He stated the applicant was $"iven permission to build the current units, but the area between the bUlldings does not conform to RSL Zoning. Mr. Ziegler stated he would like to put the 100 year old house in his son's name. Chairman Gates questioned the storing of construction equipment. Mr. Ziegler stated equipment has been stored on the property since the 1040's and he continues to do so. Mr. Long stated there will be a plat note that horses and construction equipment will not be stored outside after the certificate of occupancy is issued for the dwelling on lot three. Commissioner Johnson questioned amending the PUD Guide eliminating the horses. Mr. Ziegler stated after building on Lot 3, the horses will no longer be allowed on the property. Mr. Long stated the dedication of a bike path easement the applicant does not have a problem with. Mr. Clarkson read Staff findings for the Board. He stated in 1990 the applicant was issued a building permit for a garage with an apartment, within 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 ten to thirteen feet from the current house, with the condition the single family house be removed. He stated later a building permit was issued for the current house allowing the applicant to remodel the house which was to be removed. Mr. Clarkson stated there are outstanding issues. This proposal does not show any open space. The original proposal showed a four plex in the original plan. The application has evolved into employee housing units. The applicant has agreed to twenty five feet of the access easement being dedicated as a bike path along the river. He stated the PUD Guide needs some additional work. There are industrial, residential, contractor's storage and agricultural uses on this site. Mr. Clarkson stated the applicant is asking to increase the residential uses on this site. The berm does quite alot for screening of this site. Staff is recommending if approved, all uses shall be brought back onto the applicant's property or the applicant purchase the surrounding property. Staff would recommend approval of the application if the following conditions were included; 1) The entire PUD shall be platted as one lot and the proposed four-plex on Lot 2 shall not be subdivided. This conditions shall be incorporated into the PUD Guide and can only be considered for rezoning and further subdividing by the County if the agricultural and industrial uses are caveated. 2) Adequate evidence of the provision of public water and sewer shall be provided at preliminary plan. The Edwards Metro District shall provide the Office of the State Engineer, Division of Water Resources a letter of commitment confirming adequate water supplies and verifying it will serve this development. The County shall be copied. 3) The portion of the access easement to the Reserve that is on the applicant's property shall additionally provide an easement to the public for path/trail purposes. 4) In addition to further detailing of the PUD Guide as outlined in the Staff report, the operator of the bed & breakfast shall be re<;IUired to reside on the premises and the operation shall not significantly lmpact the residential character of the neighborhood. Also, the PUD Guide shall contain the statement that a minimum 25 foot disturbance buffer shall be maintained from the existing riparian vegetation. The operator of the bed and breakfast shall be required to reside on the premises. 5) It is suggested that a 10 foot above high water mark access easement along the river be dedicated and shown on the final plat. 6) To the extent applicable, the County Engineer's concerns should ba adequately addressed. 7) The uses that are currently off-site, not on the property owned by the applicant, shall either be removed to within the boundaries of the proposed subdivision or the land in question shall be acquired by the applicant and included within the rezoning and subdivision. These uses include but are not necessarily limited to the parking spaces 9 - 12 on lot 2, the tool storage shed and the horse corral. 8) The dog kennel shall only be considered upon review and approval of the Eagle County Animal Control Department. 9) The Eagle County Watershed Plan shall be directly addressed by item. The Planning Commission felt there were too many uses on the site and unanimously recommended denial. Mr. Long stated every time the applicant met with the Planning Commission they were a different group. Commissioner Johnson asked for justification for waiving the five acre minimum for a PUD. Mr. Long stated most of the uses are pre-existing non-conforming uses. PUD is the only zoning which would allow for mixed uses. Chairman Gates stated there are also new uses being added. Commissioner Phillips asked about making it one lot instead of three lots. Mr. Ziegler stated the entire reason for the ap~lication was to leave different lots to his wife and children, and allow hls employees to stay on site. He stated his horses are not there in the summer so there is no fly 5 problem. The dogs have always been there. He stated he has a letter from Gerry Best, prior Building Inspector, recommending Mr. Ziegler do what he is trying to do now. commissioner Johnson questioned the possibility of six horses, twenty- one dogs, chickens and a tom turkey on the property. Mr. Long explained the PUD GUlde to the Board. Mr. Ziegler stated he is willing to eliminate the Bed and Breakfast and make that employee housing. commissioner Johnson stated he does not have a problem with the density but with the number of different uses on the property. Chairman Gates stated he would like to do a site visit. Commissioner Johnson moved to table file number PD-346-95-S, The Ranch House, until June 18, 1996 to allow for a site visit and additional information be submitted. commissioner Phillips seconded the motion. The vote was declared unanimous. PD-337-96-P, Knudson Ranch 1041-038-96, Knudson Ranch Sid Fox, Planning Manager, presented file numbers PD-337-96-P and 1041- 038-06, Knudson Ranch. He stated this was a request to consider 26 dwelling units, and for a major extension of existing domestic water supply, sewage treatment system and an efficient utilization of municipal and industrial water ~rojects. Rlck Pylman, Jamar Associates, Inc. representing Summit Habitats, explained the sketch plan process beginnin$ in August of 1995. He explained the goals of the ten acre site and the deslre to minimize the impacts. He reviewed the conditions placed on them previously and they have been addressing those issues as they proceed. He explained the CDOT approval to extend the berm to the eastern end of the Arrowhead property. The third condition of the sketch plan was to overseed the hillside. They will also be transplanting new materials to soften the line. The condition of the sketch plan to use the on-site spring will not be used for their irrigation purposes. The water is piped into the house for domestic water. They cannot prove any historic irrigation by that spring at this time thus it will be domestic water used for irrigation. The fifth condition is the response from the Colorado division of wildlife. They have sent the plan but to date received no response. Staff recommended approval of PD-337-96-P with the following conditions: 1) The final plat application shall include a letter of commitment from the Arrowhead Metropolitan District confirming adequate water supplies to service this development. 2) The final plat application shall include a reclamation plan and cost estimates for the cut slope above the units. 3) The final plat shall include a plat note restricting any future development of ~lanning area two, open space/protected wildlife habitat area, with the exceptlon of picnic facilities in the northern portion of the aspen grove and a trail extending from the residential development south to the existing trail. 4) The Colorado Department of Transportation Access Permit must be issued prior to the ap~roval of the final plat. 5) The cash In lieu of land dedication to the school district must be paid prior to the approval of the final plat. 6) Amendment of the PUD Guide to demonstrate water conservation measures. Commissioner Johnson asked for clarification of condition #1 and condition #6 and the need to have a water conservation plan. Mr. Fox explained they discussed this with the Planning commission and at that time they requested the PUD guide be sensitive to the issue. Because they are included in the Arrowhead Metro District they will abide by their requirements. commissioner Johnson moved to approve file numbers PD-337-96-P Knudson Ranch, incorJ?orating Staff findings and conditions, deleting #6. Commissloner Phillips seconded the motion. The vote was declared unanimous. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEI.:S 387869 Mr. Fox explained the permit to extend water to the Knudson Ranch. He stated this was referred for comment and there were a couple of responses regarding the water. Both responses asked for a storm water management plan be in place and enforced. Staff recommended approval of 1041-038-96 with the following conditions: 1) Payment of the $100 review fee to NWCCOG. 2) A stormwater management plan must be prepared and submitted with the first grading or building permit application. The stormwater management plan should include best management practices as adopted in the Regional Water Quality Management Plan. 3) Amendment of the PUD Guide to demonstrate water conservation measures. Commissioner Phillips moved to ap~rove file numbers PD-337-96-P and 1041-038-96, Knudson Ranch, incorporatlng Staff findings and conditions. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-342-95-S, Confluence Site ZC-269-95, Confluence Site - Zone Change Kathy Eastley presented file number PD-342-95-S, Confluence Site. She stated this was a request for a zone change. The ap~licant has chosen the Minor PUD process which combines the Sketch and Prellminary Plan. The applicant has indicated that a Final Plat will not be required as they are not proposing any subdivision of the property nor will a building permit be required for the proposed use, therefore no further review or approval will be required upon completion of this process. Staff recommended approval with the following conditions: 1) This PUD will expire three years from the date of approval by the Board of County Commissioners. 2) The County Engineer must review and approve construction plans for the path. Construction of the path must occur per the Trail Agreement between Vail Associates Investments, Vail Associates, Inc., and the board of County Commissioners dated December 6, 1994. 3) Verification of an approved Colorado Pollution Discharge Elimination System permit must be demonstrated prior to the proposed uses occurring on the site. Non-conformance to the Storm Water Management Plan contained within the CPDES will constitute a violation of this land use approval. 4) Compliance with the Industrial and Commercial Performance Standards, Sections 2.07.07 of the Eagle County Land Use Regulations must occur. Subsection 1) f), Storage Area, Salvage Yards, Sanitary Landfill and Wastewater Disposal Area, will be applicable to this proposal. 5) Trash containers provided on-site must meet the Colorado Division wildlife specifications. Chairman Gates asked about the three year request. Peter Jamar responded they had received approval last fall however there was inadequate notice to the property owners. They had originally asked for five years, but through the re-notice, some of the owners raised concerns. They got together with those people, re-evaluated their needs and determined they could get by with the one acre lay down area for one year and the three year period of time gave some level of comfort. This is for phase I. Phase II had been withdrawn from this process. They modified the original five year period back to three and modified the construction period for the lay down area to one year. They are utilizing the area that was previously occupied by the mobile homes on the site. They have also incorporated some lighting restrictions after hearing from the neighbors. Commissioner Johnson asked about the combination of sketch plan, preliminary plan and final plat. He asked about the 200 parking spaces restricted to employees. Mr. Jamar responded it will be for employees and they will be shuttled into the park. Commissioner Johnson asked about the fencing. Mr. Jamar stated when there was a much larger area it was more of a 7 concern. He stated the east and west lots have some fencing and there will be fencing between the different suppliers. He asked about acquiring a highway access permit. John Altoff, Engineering Department, stated for the first phase they will not need the permit but if they move into the second phase they will need one. Commissioner Johnson questioned the number of vehicles. Mr. Altoff stated the construction traffic is considered equivalent to the mobile home traffic. Mr. Jamar stated as they prepared this phasing plan they did so based on the traffic information and counts they received. The ultimate plan is to build access across highway 6. Commissioner Johnson asked when Mr. Jamar last spoke to the Town of Avon. Mr. Jamar stated they are working with the Town of Avon and have agreed to sign as needed if the congestion gets such it necessitates it. commissioner Johnson moved to approve file number PD-342-95-S. Confluence Site, incorporating Staff findinss and conditions. Commissioner Phillips seconded the motlon. The vote was declared unanimous. commissioner Phillips moved to approve file number ZC-269-95 Confluence Site, Zone Change. commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Jamar stated it appears as though they will be building a bridge over highway 6. T-32-96, Brgoch Residence Patti Haefeli presented file number T-32-96, Brgoch Residence. She stated this was a request for a temporary housing permit. The Br$ochs would like to reside in an existing cabin while building their new resldence. Staff recommended approval with the following conditions: 1) The cabin must be removed from the property or converted to non- residential use prior to any final inspections for the new residence. 2) Not more than one temporary structure on site. 3) Mr. Brgoch may apply for an extension of the Te~rary Housing Permit if he has not completed construction of his new home wlthin six months. The permit may be extended for an additional six months upon approval from the Department of Community Development. Corrmissioner Johnson moved to approve file number T-32-96, Brgoch Residence. Commissioner Phillips seconded the motion. The vote was declared unanimous. David Kudel Patti Haefeli presented the next item on the agenda, a petition to issue a building permit to David Kudel to replace an existing mobile home with a new mobile home. Mr. Kudel has two residences on this lot. One residence is a stick built structure and the other is a trailer. Both residences were established ~rior to the adoption of zonin$' Mr. Kudel wants to replace the existing traller, which is in disre~air, wlth a new trailer. The new trailer would be the same size as the existlng trailer therefore not increasing the pre-existing condition. Delayed issuance of a building permit would cause the applicant serious financial hardshi~ as Mr. Kudel relies upon the rent received from the trailer to help pay hls mortgage. Kevin Lindahl, representing the ap~licant, stated the previous owner argues the property met all of the requlrements of the subdivision in 1969. The County does not seem to have evidence one way or the other. Commlssioner Johnson asked if the applicant has the appropriate evidence. Mr. Lindahl asked if a letter would be sufficient or if more proof was needed. Mr. Lindahl asked what will satisfy the County. David Kudel, owner, stated he has made a down payment on the new trailer. He stated he has gotten permits from the County previously and not had any problems. He has contacted everyone to get the trailer moved in and 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 hooked up this month. Mr. Lindahl stated it will take approximately one month to get an application in as the surveyors are all tied up. They must also describe the flood plain on the map. Commissioner Phillips asked if they were planning on doing an application for the exemption plat. Mr. Lindahl stated they would prefer not to because this was all considered to be done previously. He stated they believe they can get a letter from Mr. Logan stating he's satisfied the County's requirement in 1969. Chairman Gates asked how long it will take. Ms. Haefeli stated they are unable to issue a building permit on a lot that is in non-conformance. Commissioner Johnson asked how much the exemption costs. Mr. Lindahl stated the surveying is $1000 to $1500. Commissioner Johnson suggested they get the building permit, place the trailer on the lot and get the TCL. Mr. Lindahl asked the County allow the trailer be located on the property prior to the exemption plat being filed. Mr. Kudel will either follow through on the exemption plat or a letter from the previous landowner. Mr. Fox stated he would discourage the Board from accepting a letter from a previous owner. Mr. Fox stated in 1993 the County amended the regulations requiring unplatted parcels being plated before permits being issued. Commissioner Phillips asked if the Assessor's office has any record. Mr. Kudel stated when they bought the property 17 years ago, their lot was divided between Jessie, Oran Palmeter and him. He stated last year Oran took the trailer out and did the same thing. Mr. Fox stated the County did issue a special use permit on the mobile home park he manages. Chairman Gates stated he doesn't know what happened with the records. Commissioner Phillips stated there has to be something that says these were divided. Mr. Lindahl stated there was a split in 1979 and three different legals were defined. Mr. Fox stated these parcels were created by deed originally. The time between 1964 and 1984, there were alot of illegal parcels created. The exemption process is the process adopted to deal with situations like this. Staff is taking the extra step is saying they are willing to move forward with the understanding and commitment he come through the exemption process. Corrmissioner Johnson suggested Mr. Kudel get the trailers moved out, but they want to make sure this parcel be legalized not only for now but in the future. Staff recommended approval with the following conditions: 1) The applicant must submit an Exemption Plat Application prior to the issuance of a building permit. 2) No final inspection will be granted until the plat is recorded at the County Clerk & Recorder's Office. Commissioner Johnson moved to approve the issuance of a building permit to David Kudel, inco~orating Staff findings and conditions with Condition #1 allowin$ for the appllcant to either apply for the exeIT1I?tion plat or provide supportlng evidence the parcel has been properly subdivlded. Commissioner Phillips seconded the motion. In discussion, Mary Jo Berenato, Deputy County Attorney, stated if the applicant does not submit an exemption plat application they are right back in this as the trailer will be there. Mr. Kudel stated he wants to make this a legal lot. He is working with a short time frame and would like the County's understanding on this. Ms. Haefeli asked if Mr. Kudel comes in with the exemption plat application, it does not necessarily mean it will be recorded. Commissioner Johnson amended his motion to require appropriate filing. Commissioner Phillips seconded the amendment. The vote was declared unanimous. 9 Chairman Gates called for the question on the motion. The vote was declared unanimous. SE-319-95, MCKelvey Subdivision Exemption Plat Paul Clarkson presented file number SE-319-95, McKelvey Subdivision Exemption Plat. There is a question regarding a lien that does appear. Mr . Clarkson asked this be tabled for less than 90 days. commissioner Phillips moved to table file number SE-319-95, McKelvey Subdivision Exemption Plat. commissioner Johnson seconded the motion. The vote was declared unanimous. Berry Creek Filing 5 Sid Fox presented Berry Creek, Filing 5, Eagle Valley Re$ional Park extension of the PUD amended Sketch Plan application. Staff lS recommending approval. Commissioner Johnson moved to table Berry Creek, Filin$ 5, Eagle Valley Regional Park extension of the PUD amended Sketch Plan appllcation for two weeks. commissioner Phillips seconded the motion. The vote was declared nnanimous . Contract, Castle Rock Construction Jim Elwood, Airport Manager, presented a contract between Eagle County and Castle Rock Construction, for AIP #22, Ramp Extension with Notice of Award and Notice to Proceed. The contract amount does not include the change order that was accommodated in the federal grant. The amount is $1,020,720.00. Discussion continued on the current legal situation. Staff recommended approval. commissioner Phillips moved to approve the contract between Eagle County and Castle Rock Construction for AIP #22, ramp extension with Notice of Award and Notice to Proceed. Commissioner Johnson seconded the motion. The vote was declared unanimous. Letter of Intent, Eagle Park Reservoir Project Mary Jo Berenato presented a Letter of Intent regarding Eagle Park Reservoir Project. Staff recommended approval. Commissioner Johnson moved to approve the Letter of Intent regarding Eagle Park Reservoir Project. Commissioner Phillips seconded the motion. The vote was declared nnanimous . Agreements, High Country Copiers Mary Jo Berenato presented agreements between Eagle County and High Country Copiers, for xerox orders for the Assessor, Attorney, Finance and Social Services. Staff recommended approval. Commissioner Phillips moved to approve the agreements between Eagle County and High Country Copiers, for xerox orders for the Assessor, Attorney Finance and Social Services. Commissioner Johnson seconded the motion. The vote was declared unanimous. Assigmnent of American Airlines Contract Mary Jo Berenato presented an Assignment of American Airlines Contract to the Eagle County Air Terminal Corporation. Staff is recommending this be tabled until a later date. 10 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEI.:S 387869 Commissioner Phillips moved to table the transfer of the American Airlines Contract to the Eagle County Air Terminal Corporation until Monday, June 3, 1996. Commissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until June 3, 1996. Attest: .d~~&A~ 11