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.
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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~
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