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HomeMy WebLinkAboutMinutes 09/13/99 PUBLIC HEARING SEPTEMBER 13,1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Phillips stated the first item before the Board was the consent agenda as follows: A) Approval of bill paying for week of September 13, 1999, subj ect to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of August 30, 1999 C) Intergovernmental Mutual Aid Agreement between Eagle County and Towns of Avon, Minturn, Red Cliff and Vail and the Fire Protection Districts of Eagle and Gypsum D) Agreement between Eagle County and the County of Pitkin, County of Garfield, County of Lake and County of Summit, concerning a regional child care project E) 200-2001 State Fiscal Year WIC Contract Renewal Letter F) Resolution 99-150 authorizing final release of collateral and termination of the Subdivision Improvements Agreement for Cordillera Subdivision, Filing 13 (Bearcat at the Ranch) G) Agreement between Bell Country Homes, Inc and the Eagle County Commissioners for Bell Country Homes, Inc. to provide and install a modular unit for the Landfill's new office H) Agreement with Don Ownsbey to lease the house at 30265 Colorado River Road, beginning on September 1 I) Resolution 99-151 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 361 for MRLD, LLC, (Millers Creek Subdivision) in the amount of$634,015.80, to expire September 16, 1999, issued by Weststar Bank J) Resolution and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 984-9068 for Krueger Development in the amount of $3,000.00, for Road Cut Permit No. 2447, to expire September 15, 1999 K) Resolution 99-152 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 229 for Stag Gulch Partners, Filing 24, Bearden Parcel, in the amount of $309,502.20, to expire September 16, 1999 L) Resolution 99-153 adopting rules and procedures for arbitration and appointing arbitrators for appeals from decisions of the 1999 Board of Equalization M) Resolution authorizing the final release of collateral of Bond No. 318257/14285080, and termination of the reclamation agreement for Rocky Mountain Natural Gas Company, K N Energy N) Approval of Cooley Mesa Leasing LLC, sublease to the Hertz Corporation Rental. Bob Loeffler, Deputy County Attorney, stated item J, Krueger Development, can be pulled as they have received the replacement letter of credit. He stated on item N, sublease to the Hertz 1 09-13-1999 Corporation, the Attorney's Office does not have the replacement lease. George Roussos, County Engineer, spoke to item M, final release for Rocky Mountain Natural Gas and the response for the release of the bond from KN Energy. He stated the collateral was made up of the bond and a supplemental check. He stated what needs to be released is the bond as well as the release of the cash collateral. Commissioner Johnson asked which area this is for. Mike Gruber, Engineering Department, stated it is the line at Arrowhead and the re-vegetation of the gas line itself. Commissioner Johnson questioned the transfer station in Arrowhead next to Cemetery Road. Mr. Gruber stated that is the termination point of this project. Commissioner Johnson asked ifthe special use permit was only for the gas line. Mr. Gruber answered yes. Mr. Loeffler clarified the Bond is in the amount of $20,545.00 and the cash collateral is $2,052.71. Commissioner Stone asked if the Board can approve this as part of the resolution. Commissioner Johnson suggested the resolution needs to be modified. Mr. Loeffler stated they can correct the resolution and bring it back next week. Chairman Phillips asked Brad Gent, Cooley Mesa Leasing, to come to the mic. Mr. Loeffler stated he sent Mr. Gent some language that would be "Cooley Mesa's facilities have a car wash that has a capacity of X number of cars per day, assuming typical working hours. Cooley Mesa has not contracted and shall not contract to provide car wash facility use that exceeds that capacity." He stated that allows them to make the determination on capacity. Mr. Gent stated he submitted the proposed language to Hertz and expects it to be back from them in the next week. Commissioner Stone stated they are approving the sublease as it is currently written is incorrect. Commissioner Johnson suggested it be tabled for a week as well. Chairman Phillips suggested when Mr. Gent receives the Hertz lease back, the Board will put it back on the agenda. Mr. Loeffler suggested Mr. Gent tell Hertz Corporation the Board has approved the language and that is the language that is going to be used. Discussion took place on corporate bureaucracy. Chairman Phillips spoke to the minutes and had some corrections. On page 3 behind disturbed, add "in the black and white photos". On page 6 it should clarify "in the color photographs". On page eight, eight lines down it should read alot, not a lot. On page 13 in the ninth paragraph down it should read "silt fence" not "silk fence". A few lines farther down it should read "red tag" not "red flag", and should state two months which is sixty days, rather than 3 months. Commissioner Johnson moved to approve the consent agenda items A - L, pulling item J, tabling items M and N to September 20, 1999 and incorporating the changes to the minutes as identified by the Chairman. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00194. Buckhorn - Phase 3. He stated this was a Minor "Type B" Subdivision, a re- subdivision of Lots 1-22, 1-24 and Tract I-A to create common lot-line lots for one single-family residence and one duplex, along with certain easements and common areas. He read staff findings as follows: 2 09-13-1999 Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-00194, Buckhorn, Phase 3, incorporating staff findings, authorizing the Chairman to sign the plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. Municipal Lease 21073 Chairman Phillips asked about the Municipal Lease #21073 between Eagle County and Motorola, Inc. She asked if there was need for further discussion. Commissioner Johnson stated this was pretty straight forward. The contract amount is $388,000 with the down payment of $99,000. The total amount will be $311,997.75 which does not include the down payment, but does include interest. Commissioner Johnson moved to approve Municipal Lease #21073, as recommended by staff. Commissioner Stone seconded the motion. The vote was declared unanimous. Ratifying Offer to Purchase, Berry Creek 5th Jack Ingstad, County Administrator, stated the next item on the agenda was consideration of ratifying the offer to purchase Berry Creek 5th Filing and authorizing the Chairman to execute the purchase contract. He explained the offer to the Board. Commissioner Stone moved to ratify the offer to purchase Berry Creek 5th Filing and authorize the Chairman to execute the purchase contract. Jim Fritze, County Attorney, pointed out the Board's proposed motion included some additional considerations and allowed for some flexibility in executing the required documents. Commissioner Stone withdrew his motion. Commissioner Stone moved the Board ratify the September 10, 1999 offer to purchase the Berry Creek 5th Filing, presented to the Eagle County Recreation Authority, and to authorize the Chairman, and in her absence, the Vice Chairman, to execute, make, endorse and accept any documents necessary to accomplish the purchase of the Berry Creek 5th Filing, together with any and all appurtenances to said property, and to do and perform all and every act and thing whatsoever requisite and necessary to be done to accomplish that purchase, as fully to all intents and purposes as the Board might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that the Chairman or her substitute shall lawfully do or cause to be done by virtue hereof. Commissioner Johnson seconded the motion. The vote was declared unanimous. Abatement Hearings Renee Black, Asst. County Attorney, noted item 7E, Mark Harrison, has been pulled from the 3 09-13-1999 docket. He could not be present today. Mark Chapin, Deputy Assessor, presented a petition for abatement for Homestead Owners Association, schedule number R044445. He stated the petitioner's are requesting an abatement for 1997 and 1998. He stated this property had stayed in the developers name and the Assessor's Office asked that a dee be recorded transferring the property into the Homeowners Association. Mr. Chapin referred to a resolution recorded December 17, 1998 correcting an error in the open space guidelines. The Assessor recommended an abatement for 1997 in the amount of$13,732.53 and 1998 in the amount of $12,848.94. Ms. Black clarified in order for the property to be tax exempt as open space, the property needed to be held by the Homeowner's Association by deed and shown by the plat and recorded documents that it was restricted to open space use. There was a problem getting both of those done but it was held in the Homeowners Association name for both of these years. Commissioner Stone moved to approve a petition for abatement scheduled number R044445, Homestead Owners Association, as recommended by the Assessor in the amount of$13,732.53 for 1997 and $12,848.94 for 1998. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for William Hinton, schedule number R029480. The Assessor recommended denial in that the subject property was protested in both subject years and the Assessor is not allowed to hear an abatement. Ida Louise Henry, petitioner, was present for the hearing. She stated that the property has been reclassified as agriculture. Mr. Chapin stated agricultural classification does require two years continued use. He stated the subject years for this abatement are 1996 and 1997, both of which were appealed at the Assessor level. He stated their hands are tied. Andy Hinton, petitioner, stated this is a homesteader's property and they don't feel that it should ha ever been taken out of agricultural status as it has always been used as such. They have owned the propert: for years. He stated in 1996 his mother was denied the request. Commissioner Stone spoke to a letter of reclassification written 6/23/97. Mr. Chapin stated that was the notice of determination. He reviewed the history of the property and that it has not had an agricultural designation since 1993. Chairman Phillips asked if they have proof from income tax forms that it is agricultural property. Mr. Hinton questioned those forms. He suggested in 1993 his grandmother quit paying taxes on this property. Commissioner Johnson asked about the forms. Mr. Chapin stated it is a 1 040F. He asked if they hay the property or was it leased. Mr. Hinton stated they have always hayed it. He stated he has another land owner come in and hay the property. Mr. Chapin stated his office can not abate the taxes for the two years in question. Commissioner Johnson stated if it was taken out of agricultural in 1993 they would base it on the new classification. He suggested they need to find out what happened in 1993. Since then residential taxes have been paid instead of agricultural. Ms. Black stated because the petitioner went through the protest process with the Board of Equalization, they cannot take it forward. Since they have exhausted that remedy they can't have a second bite of the apple. Commissioner Stone asked what remedies exist. Ms. Black stated she doesn't believe that any statutory remedies exist. Commissioner Stone asked even if there was a clerical error in 1993 is there any way they can seek relief. 4 09-13-1999 Ms. Black stated theoretically an abatement could be issued but would have to come from the County General Fund. It would be contrary to State law and would not be approved by the State. Chairman Phillips asked about going on to State. Ms. Black stated they could proceed. Chairman Johnson asked if the can take 1996/1997 to State. Mr. Chapin stated they could go to the appellant court but they would more than likely be denied based on the right to abate. Chairman Phillips asked if it would be helpful for them to look at the file and find out what happened. Mr. Chapin stated since 1993 this property has not been based as agricultural. Chairman Phillips asked where the property is. Mr. Chapin explained the location of the property. Mr. Hinton stated they did not understand the process in 1996 as they were told to leave when they appeared in the Assessor's Office. He stated his grandmother probably didn't understand the notice. He does not understand how this property got changed in 1993 and referred to the Homesteader's Act. Commissioner Stone reflected that legally they cannot process an abatement because state statute states that once a denial has been given on appeal an abatement can't be granted. Ms. Black stated they can appeal the decision but all they would be looking at is the decision to deny and it would probably be more costly than what they can recover. Mr. Hinton stated he wants to make sure that this stays in agricultural Ms. Hinton stated they received something that shows it as agricultural. Commissioner Johnson suggested now that they are looking at the classification they shouldn't have a problem from here on out. Commissioner Stone stated mistakes do happen and they must bear the responsibility for looking at it every year. Mr. Hinton stated they would like to get the abatement but understands that they won't be eligible. He wants to make sure that it stays in agriculture. Mr. Chapin asked for their phone number and stated he will call them. Mr. Hinton gave Mr. Chapin the phone numbers. Mr. Chapin stated he will give them a call. Chairman Phillips stated she would like to find out why it was changed. Ms. Black stated sometimes that happens when a piece is subdivided. Mr. Hinton stated that didn't happen. Ms. Henry stated the main property was sold in 1974 and her parents retained some ofthe lower land. In 1980 her father died and her mother then began taking care of it. Commissioner Johnson moved to deny the petition for abatement schedule number R029480, William Hinton, because the applicant's previous appeals were denied. Commissioner Stone seconded the motion. The vote was declared unanimous. The Board suggested the Hinton's meet with the Assessor's Office to review their file. Mark Chapin presented a petition for abatement for The HAD Foundation, schedule number R041639. The assessor's office is recommending an abatement in the amount of$17,971.54. He stated this is the American Mini Storage on Chambers A venue. He stated the property was purchased in April of 1998 at $1,250,000. Brian Bramell, representing the Simms Group who manages the property, stated they purchased the property for $2.5 million. When purchased it was less than 50% completed. They did not receive the CO until 1999. Commissioner Johnson questioned the $2.5 million. He stated what they have in front of them shows the property was purchased in 1998 for $1.25 million. 5 09-13-1999 Mr. Bramell clarified the amount and stated the property was purchased for $1.25 million. He stated it was assessed for $2.6 million and that is where the problem started. They got the CO in May of 1999 and built another building on the property. He stated in 1999 it sold for $1.6 million. Mr. Chapin asked what percentage was complete when they bought it. Mr. Bramell stated the buildings were up but the site was not complete. He stated bottom line is when they made the application and even though it was purchased in 1998 and only 50% occupied, he believes that $1.6 million is on the upside. Commissioner Johnson asked if the assessor's recommendation for partial abatement is not acceptable. Mr. Bramell stated he does not agree with it but will accept it. Commissioner Stone moved to approve a partial abatement for schedule number R041639, The HAD Foundation, as recommended by the Assessor in the amount of$14,971.54. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Bramell asked if this now needs to go to the State. Mr. Chapin confirmed that. Ms. Black stated that is because they are getting taxes out of other entities. Mr. Chapin stated on overvaluation that is not really the problem. Mr. Chapin spoke to the first file heard today. That may be an issue when it goes to the State. Mr. Bramell stated it could take three to four months before they hear from the State. Mark Chapin, Eagle County Assessor's Office, presented a petition for abatement for Darrell & Shirley Havener, scheduled number 024718. He stated this has been tabled and retabled. He stated they are finally done with it. This is located south of Willowstone Subdivision and is vacant land with very little access. The property is very steep and he has determined that roughly 15 acres is useable. He determined the value should be adjusted to $201,000. He stated that is close to the value set in 1993 and 1994. The abatement for 1993 is $5,597.21 and in 1994 in the amount of$5,699.39 Commissioner Johnson moved to approve and abatement a petition for abatement schedule number 024718, Darrell & Shirley Havener, as recommended by the Assessor. Commissioner Stone seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for Thomas Barrow, scheduled number R044916. He stated this is in the Cordillera Valley Club, Filing No.4, Lot 4. He stated the property was purchased in November 1998 for $118,800.00. He sated it appears they over valuated the property. This particular property sold for about half of the base value. The Assessor recommended they lower the value to $118,800 resulting in an abatement of$5,597.21 for 1993 and $5,699.39 for 1994. Commissioner Stone moved to approve the petition for abatement schedule number R044916, Thomas Darrow, in $5,597.21 for 1993 and $5,699.39 for 1994. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for JLS Trust, schedule number R011499. The property is located in the Bighorn area of East Vail. The Assessor has determined the 1998 value is the subject of this request. He stated the Assessor's Office has a value on this property in 1998 of $410,000.00. He spoke to four sales that took place ranging from a low of $385,000.00 to a high of $430,000.00. He stated the petition is requesting a value of $300,000.00. He stated there is no basis for this value. The Assessor is recommending denial. Commissioner Johnson moved to deny the petition for abatement schedule number R011499, JLS Trust, as recommended by the Assessor. There has been no evidence presented to the Board to dispute the valuation. 6 09-13-1999 Commissioner Stone seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for Harold Stine, schedule number R040482. The Assessor is recommending an abatement for 1997 of$I,731.33 and $3,653.62 for1998 based on a clerical error resulting in an overvaluation. The home was only partial complete in 1997 and 100% complete in 1998. Commissioner Johnson moved to approve the petition for abatement schedule number R040482, Harold Stine, as recommended by the Assessor of$I,731.33 for 1997 and $3,653.62 for 1998. Commissioner Stone seconded the motion. The vote was declared unanimous. PDF-00037, Skywatch PUD, Filing 1 Joe Forinash, Planner, presented file number PDF-00037, Skywatch PUD, Filing 1. He stated this was a Final Plat for Subdivision, are-subdivision of Tract N, Bachelor Gulch Village, Filing No.3, to create five (8) single-family residential lots, along with common areas and an access easement (Skywatch Court) for the eight lots. He reviewed the chronology of the property for the Board as follows: 1996 - Tract N was originally platted as a part of Bachelor Gulch Village Filing No.3. 1998 - Tract N was increased in size from 1.871 acres to 2.089 acres as a part of a PUD Amendment and an amended final plat to Bachelor Gulch Village Filing 3 . Mr. Forinash reviewed referral responses as follows: 1. Engineering (attached) No comments. 2. Environmental Health No Comments. 3. Surveyor (attached) Several technical items since corrected. Joe Forinash read staff concerns for the Board: Staff notes for the Board that this application was originally submitted as a Minor Type B Subdivision to be presented during Plat and Resolution signing. While the subdivision is a re-subdivision of previously platted land, the application does not technically meet the requirements of a Minor Type B and has therefore been processed and reviewed as a Final Plat of the Amended and Restated Arrowhead PUD Guide. Staff finds the Plat to be in full conformance with that PUD Guide as well as the requirements of a final plat. Mr. Forinash reviewed staff findings as follows: Pursuant to Section 5-280. B.5.b(3). Final Plat for Subdivision - Action bv the Board of County Commissioners. of the Eagle County Land Use Regulations, the following findings are made: The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for Lower Bachelor Gulch Village, Filing No.3. and, Pursuant to Section 5-280.B.3.e, Subdivision Standards, of the Eagle County Land Use Regulations, the following findings are made: (1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM ofthe Master Plan; (2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards; (3) Spatial Patterns Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions IS consistent with the utility's service 7 09-13-1999 plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions ARE consistent with the Ea~le County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided IS be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible With Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Commissioner Johnson moved to approve file number PDF-00037, Skywatch PUD, Filing 1, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. 1041-0021, Edwards Station Tambi Katieb, Environmental Health, presented file number 1041-0021, Edwards Station. He stated this was a request to consider a permit for major extensions of existing domestic water and sewage treatment systems and for efficient utilization of a municipal water project. Jim Fritze, County Attorney, stated he did not see the applicant present and suggested the Board cannot hear a 1041 application without the applicant being present. Chairman Phillips asked if the applicant was aware of the hearing. Mr. Katieb stated they were notified and he faxed them the agenda. He stated this application is pretty straight forward. Mr. Fritze suggested they move forward with the agenda and ifthe applicant does not show up the Board can then decide if they would like to table this matter. VIS-0004, Miller's Creek, Filing No.2, Variance PDSP-000I0, ZC-00033, PDA-00022, Miller's Creek Jean Garren, Planner, presented file numbers VIS-0004, PDSP-OOOlO, ZC-00033, PDA-00022, Miller's Creek. She stated the applicant is requesting a tabling until September 27 which is the next planning day. Commissioner Stone asked if that is for all four files. Ms. Garren stated it is. Commissioner Stone moved to table PDSP-000I0, ZC-00033, PDA-00022 and VIS-0004, Miller's Creek to September 27, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. AFP-00076, Amended Final Plat, Lot 106, Bachelor Gulch Village Scot Hunn presented file number AFP-00076, Amended Final Plat, Lot 106, Bachelor Gulch Village He apologized saying the applicant was informed that this would be heard at a later time. He stated this w an Amended Final Plat to change the size and shape of the platted building envelope for Lot 106. The 8 09-13-1999 purposes of doing so are to allow for a single-family residence to be built which steps down the slope of the lot, allows for proper access, preserves important vegetation and screening and which allows the applicant to realize a building size equal to the maximum allowable (at 10,000 square feet). The building envelope will increase in size by approximately 3900 square feet. Mr. Hunn reviewed the chronology ofthe project for the Board: Lot 106 was originally platted as Tract V, a Multi-Family / Cluster Home lot in 1996. Pursuant to the PUD Guide in effect at the time, Tract V was assigned a maximum density of 7 units. Subsequent PUD Amendments and Amended Final Plats have resulted in this lot being changed from Multi-Family / Cluster Home to its current land use designation of Single-Family. The size of Lot 106 (Tract V) decreased slightly during that change. He stated at the time they replatted this they changed the building envelope. At that time they had concerns as there seemed to be no reason to what they were doing. They met with the Bachelor Gulch DRB on site and looked at the massing on this lot. With a 10,000 square foot maximum, the feeling of Bachelor Gulch DRB was this building would be too large for the building envelope. In part, the reason for this change in land use and density was to transfer density to other tracts in Lower Bachelor Gulch Village. Mr. Hunn discussed referral responses as follows: 1. Engineering Vicinity Map needs revision. Rec. # 640019 should be listed. Spelling error. List adjacent property information on plat. Add dimension to plat for part of envelope closest to street. (All engineering concerns have been addressed by the applicant). 2. Assessors No Comment. 3. Surveyor Proposed envelope does not close. Vicinity Map needs revision. Previous easements need to be shown. (Utility easement has been added). Amend legal description. Purpose Statement should be added. (All surveyor concerns have been addressed). Scott Hunn explained staffs concerns and issues as follows: The Bachelor Gulch Design Review Board has spent considerable time with the Applicant and the Applicant's representative reviewing the building envelope amendment and building plans paying particular attention to the topography and existing vegetation of the site. As evidenced by the letters from Vail Resorts Development Company, Bachelor Gulch Design Review Board and the Vail Architecture group submitted in support of this application, visibility and massing of the proposed residence was also of major concern and was a key factor in the Bachelor Gulch Design Review Board's approval of the amendment. It is staffs understanding that the existing building envelope was originally laid out merely as a response to site access issues. The applicant has sought to prove, and staff agrees, that the proposed building envelope is more responsive to site topography, vegetation and visibility and will not adversely effect adjacent properties. Further, given the fact that this lot is located between two "Mountain Lodge" lots, staff is of the opinion that a single-family residence as proposed by the Applicant of 10,000 square feet (maximum) is appropriate for the site. Mr. Hunn reviewed staff findings as follows: Pursuant to Section 5-290 - Minor Subdivisions of the Eagle County Land Use Regulations, the following findings are made: a. The proposed amendment does NOT adversely affect adjacent property owners. 9 09-13-1999 b. The proposed amendment IS consistent with the intent of the Final Plat. c. The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. An improvements agreement nor off-site road impacts are not applicable. e. The amendment is NOT an alteration of a restrictive plat note. Staff recommended approval. Chairman Phillips asked if all the surrounding property owners were notified. Mr. Hunn stated Bear Paw Lodge, one ofthe adjacent properties is up the hill and overlooking this property. The lot downhill is far enough down it is not a problem. The main visibility concern is the ski slope and the Beaver Creek Design Review Board took that into consideration. Mr. Hunn clarified that for item d, there actually is no improvements agreement and off-site road impacts necessary. Commissioner Johnson moved to approve file number AFP-00076, Amended Final Plat, Lot 106, Bachelor Gulch Village, incorporating staff findings as amended by Mr. Hunn, and authorizing the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. 1041-0021, Edwards Station Mr. Katieb stated he contacted the applicant's representative and they will be here by 4:00 today or the Board can table this matter to a later date. Commissioner Stone moved to table file number 1041-0021 Edwards Station until September 27, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Fritze stated the record should note the Board is being generous in tabling this file because in t] absence of the applicant this matter could have been denied. There being no further business to be brought before the Board the meeting was adjourned until September 20, 1999. #' ;J /'1 10 09-13-1999