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HomeMy WebLinkAboutR19-088 Approval of Special Use Permit Mosher Lane Accessory Dwelling Unit File No. ZS-009013-2019 0 J M 0 m 2 co p • 5.co Commissioner eAlie.".ithwit moved adoption of the following Resolution: b o c 0 BOARD OF EAGLE COUNTY COMMISSIONERS 0 COUNTY OF EAGLE,STATE OF COLORADO 0 CA) " RESOLUTION NO. 2019- 0 t t 0 " 00 -0 RESOLUTION FOR THE APPROVAL CC) OF THE SPECIAL USE PERMIT FOR MOSHER LANE ACCESSORY DWELLING UNIT Eagle County File No.ZS-009013-2019 WHEREAS, on or about September 10, 2019, the County of Eagle, State of Colorado, accepted for filing an application submitted by Mike Wilson, (the "Applicant") for approval of a special use permit for the Mosher Lane Accessory Dwelling Unit, located at 177 Mosher Lane, and legally described as Lot 3, Tract 73, Section 23, Township 5 South, recorded • November 18, 1987 in the real property records of the Eagle County Clerk and Recorder (the "Property") in the Resource (R) zone district; and WHEREAS, the special use permit application proposes to designate an existing 1,578-square-foot single family residence as an Accessory Dwelling Unit (ADU) to allow for the construction of an additional new single family residence on the property (the "Special Use"); and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"), Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application was mailed to all owners of property adjacent to the proposed Special Use and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the applications by the Eagle County Planning Commission (the "Planning Commission") and the Board of County Commissioners of the County of Eagle (the "Board"); and WHEREAS, at its public hearing held on August 21, 2019, the Planning Commission, based upon its findings, recommended approval with conditions of the proposed Special Use; and WHEREAS, at its regular public hearing of September 10, 2019, the Board • considered the proposed Special Use; associated plans; the statements and concerns of the 1 Applicant, the Eagle County Community Development and Engineering staff, and other interested persons, and the recommendation of the Planning Commission; and WHEREAS, based on the entire record at the public hearing, including evidence, testimony, exhibits, study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM") for Eagle County,the ECLURs, as well as the staff report and comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission, and comments from all interested parties,the Board finds as follows: 1. THAT, proper publication and public notice was provided as required by the ECLUR and state law for the hearings before the Planning Commission and the Board. 2. THAT,the application for Special Use for the Property complies with the standards in ECLUR Section 5-250.B -Standards for Special Use, as set forth below: 1. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1, the Special Use, as conditioned, is in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. Specifically, as set forth in the staff report, the Special Use meets a preponderance of the Master Plan goals, policies and objectives,while adhering to the Future Land Use Map ("FLUM") designation and prescribed uses, and goals and policies of the Eagle Area Community Plan. Areas of conformance include: maintaining the intent of the property to retain agricultural heritage, maintaining existing viewsheds, and preserving and protecting sensitive lands. The Board finds that the Special Use will meet and exceed the Eagle County natural resource protection guidelines because the proposed development will not impact viewsheds of the area. Development will not occur near designated sensitive lands such as wetlands and rock features that need to be preserved. The Board finds that the Special Use will meet and exceed the Eagle County infrastructure management guidelines because access to the ADU is provided by existing County maintained roads and receiving municipal water from the Town of Eagle. Thus, as conditioned, the Special Use is in substantial conformance with applicable policies within the Eagle County Comprehensive Plan, and the Eagle Area Community Plan. 2. Compatibility. Pursuant to Section 5-250.B.2, the proposed use is compatible with surrounding land use. The subject property is surrounded by land with the same or similar land designations. The surrounding properties are developed with single family residences, detached garages, and barns in most cases. Thus, as conditioned, the Proposed Use will be generally compatible with the existing and currently 2 permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. 3. Zone District Standards. Pursuant to Section 5-250.B.3, the proposed ADU meets the requirements outlined in Section 3-310.A including requirements for maximum square footage and number of units, required parking spaces, ownership,location of the unit, and adequate facilities. The special use permit allows for one dwelling unit of 1,578 square feet, less than the 1,800 square foot maximum. The proposed ADU has two dedicated parking spaces, as required, and is located in a detached structure as allowed in the Resource zone district. The ADU will be served by water from the Town of Eagle and has an independent onsite wastewater treatment system (OWTS). The ADU cannot be sold separately as both dwelling units are contained on one lot and the lot has not been subdivided. Additionally, the ADU meets all of the dimensional limitations for the Resource zone district, including setbacks, lot coverage, impervious coverage and building height requirements. Thus, the proposed Special Use does comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in ECLURs. 4. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of the Special Use reasonably avoids adverse impacts, including visual impacts of the Special Use on adjacent lands, including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and will not otherwise cause or create a nuisance. The proposed use will have a minimal impact on the viewshed due to the topography of the site, which has a consistent minimal grade. Trash, parking, odors, noise, glare, and vibration from the new use is anticipated to be the same as the surrounding properties and is not a nuisance to the surrounding properties. 5. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the design of the Special Use minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The proposed use does not overlap with known wildlife habitat areas or other natural resource areas. The property has a wildfire rating of "Low", and will receive water from the Town of Eagle. The proposed use does not have a negative air quality impact. Thus, the proposed Special Use will fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. 6. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Special Use will be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. The proposed use is not subject to land dedications per the Eagle County Land Use Regulations. Mosher Lane is a County- maintained road. The property is served by an adequate Onsite Wastewater Treatment System for sewer and Town of Eagle municipal service for water. The 3 property is within the service area for the Greater Eagle River Fire Protection District and Eagle County Paramedic Services. Thus, the proposed Special Use will be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use is in compliance with Article 4 Site Development Standards with the exception of the variance requests as described in Attachment A. Based upon Section 5-250.D Basis for Granting Variations, the Board hereby finds that approval of the variations to the driveway standards will allow the Special Use Permit to achieve the purpose of (i) obtaining desired design qualities. The granting of these variations to the driveway is necessary for those purposes to be achieved. The Board therefore approves the following two variance requests to allow the construction of an Accessory Dwelling Unit on this property for the Special Use: 1. A variance from the 9' standard lane width to an 8' lane width on Cedar Lane, a private road in the Mosher Subdivision. 2. A variance from the 2' wide shoulder standard to allowing no shoulders on the Cedar Lane private road in the Mosher Subdivision. Thus, as conditioned, the proposed Special Use will comply with all applicable standards in the ECLURs,Article 4, Site Development Standards. 8. Other Provisions. Pursuant to Section 5-250.B.8, no other provisions of the ECLUR for use, layout, and general development characteristics in addition to those already referenced and/or addressed have been found applicable to this application. Thus, the proposed Special Use does comply with all standards required by all other applicable provisions of the ECLURs for use, layout, and general development characteristics. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT this application for a Special Use Permit is hereby approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit pursuant to the ECLURs: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. Prior to Temporary Certificate of Occupancy or Certificate of Occupancy of the new dwelling unit, written approval of the water connection to the new dwelling unit by 4 the Town of Eagle is required. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 10th day of September, 2019, nunc pro tunc to the 10 day of December, 2019. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: < BOARD OF COUNTY COMMISSIONERS it OW COGy Adl—sA d147k2.lh--c_-• _ By COl OR PCO 041 Clerk to the Board J ne McQueen:1r V►`*'• County ommissioners Chair /,. Ad I . /U.( Ka by C tIndler-Henry Commissioner MattSci Commissioner ‘76 Commissioner - seconded adoption of the foregoing resolution. 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