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Minutes 04/13/10 PUBLIC HEARING April 13, 2010 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Manager Deputy County Attorney Deputy 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 Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of April 12, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for April 22, 2010 (subject to review by the Finance Director) Finance Department Representative c. Approval of the Minutes of the Eagle County Board of Commissioners Meetings for March 23 and March 30,2010 Teak Simonton, Clerk & Recorder D. Resolution 2010-036 Approving the Amendment of Resolution No. 2009-127; Resolution Establishing Regular Public Meeting Days for the Eagle County Commissioners for Fiscal Year 2010 and Designation Legal Holiday for Fiscal Year 2010 and Establishing the Bi-weekly Payroll Schedule for 2010 Administration Representative E. Intergovernmental Agreement between Eagle County and the Town of Minturn for Cooperative Law Enforcement Services Sheriffs Office Representative F. Agreement between Eagle County and B&B construction for Overlay Project Brad Higgins, Road & Bridge G. Agreement between Eagle County and Menendez Architects P.C. for On-call Consulting Services Ron Siebert, Project Management H. Colorado Department of Public Health and Environment Contract Amendment for Task Orders No.2 of Master Contract for the Women Infants and Children Program Anne Robinson, Health & Human Services Chairman Fisher noted that Item H addressed funds for the WIC program which provided services to children under 5 years of age and those who had an identifiable risk factor. This meant additional dollars to help supplement the program and provide more opportunity for services. Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, Assistant County Attorney stated that there were no changes. 1 04/20/2010 Commissioner Stavney moved to approve the Consent Agenda, Items A-H. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened public comment. Randy Guerriero spoke to the board. He stated that he was an avid outdoorsman and Vice President of the Vail Pass Taskforce, past President of Powder hounds and connected with the White River Forest Alliance. He spoke about the Hidden Gems proposal and hoped that the board would remain open minded when considering the proposal. He expressed concerns for the proposal and believed it was a bad idea. He wondered why there needed to be more wilderness and what would the public gain from the proposal. He believed the Gem people were using scare tactics to sway the public's opinion. He believed that most of the public did not support the closures of public lands. He did not see any benefit to the proposal and believed the process was merely a way to police the land. He believed the proposal would benefit only a few. Commissioner Stavney thanked Mr. Guerriero for his input. The board urged Congressman Polis to continue the input process. The board promoted the opportunity for Hidden Gems group to speak on camera to promote transparency. He suggested that people write congress. Commissioner Runyon stated that the recommendation of this board was there was a strong need for public input to address specific concerns. The Hidden Gems proposal was an effort to preserve lower elevation properties. This process was encouraged in the Wilderness Act. If there wasn't public dialog the board would not support the proposal. He believed that part of the problem was the dialog was ongoing and the county was in the middle. The Forest Service was managing many of these parcels in Eagle County as wilderness currently. It was the board's responsibility to represent all the stakeholders. He believed it was complicated and ongoing and hopefully at the end the day everyone would come up with a good product. Chairman Fisher believed it was vitally important to get as much public presence in Eagle County as possible. She thanked Mr. Guerriero for sharing his comments. All comments are well regarded and taken into account. It was the board's obligation to pass on to the senator as much information as they could both pro and con. Mr. Guerriero thanked the board for their due diligence. Chairman Fisher closed citizen input. Planning Files AFP-2556 HUmans Townhomes Sean Hanagan, Planning ACTION: The purpose for this Amended Final Plat is to relocate a property line in order to comply with current building code. LOCATION: FILE NO./PROCESS: OWNERS: APPLICANT: REPRESENTATIVE: 284 Eagle Crest Road, Edwards Area AFP-2556/ Amended Final Plat Tim Estes and Alisa Demartino Owners Hans Berglund [Berglund Architects] 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to amend the internal property line for lots 34A and 34B To the South 3.5 feet. The purpose of the move is to comply with current mc codes regarding property lines 2 04/20/2010 and walls with windows. As part of the shift in property boundaries an encroachment agreement has been filed with the Eagle County Clerk and Recorder. (See attached) B. SITE DATA: Surrounding Land Uses / Zoning: East: West: North: South: Residential / RR Residential / RR Residential / RR Residential / RR Existing Zoning: RR Total Area: Water: Sewer: Access: .770 +/- Acres Public Public Via Eagle Crest Drive C. STAFF FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Eagle County Land Use Regulations, all adjacent property owners have NOT provided written consent of this request; thereby requiring this amended final plat to be heard in front of the Board of County Commissioners b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. D. STAFF RECOMMENDATION: All applicable Eagle County Land Use Regulations have been satisfied. DISCUSSION: Mr. Hanagan presented the request. He stated that during the permit review process it was discovered that there was a code requirement that the property line would be at least 3 feet away from a window and in the new design of the structure there was a window as part of the design. The application was merely a request to shift the shared boundary between the two units. Commissioner Stavney asked if the neighboring property owner was on board with the proposal. Mr. Hanagan stated that they had negotiated and agreed on the encroachment. Tim Estes, the applicant spoke about the expense and lengthiness of the process. He suggested that there be a variance process for future applicants in a similar situation. 3 04/20/2010 Commissioner Stavney thanked the applicant for the input. Mr. Montag stated that the county had to be conscientious of public safety and there was obviously a reason why this was in the code to begin with. However, it was worth looking into. Commissioner Runyon wondered if there was a way to get around the building code. Mr. Montag stated that the variance process was more for the land use code and not for the building code. The building code was a much more difficult set of regulations for which to allow a variance. Mr. Morris stated that he'd follow up with Dan Stanek to see ifthere was something that could be done to prevent this from happening in the future. Mr. Estes stated that staff had been very helpful as he went through the process. Commissioner Stavney moved to approve file number AFP-2556 Hijmans Townhomes. Commissioner Runyon seconded the motion. The vote was declared unanimous. Work Session - High Altitude Army Aviation Training Site (HAA TS) Expansion Presentation Bryan Treu, County Attorney Recorded Work Session - Hidden Gems Update Steve Smith, Wilderness Society Recorded Attest: 4 04/20/2010