HomeMy WebLinkAboutMinutes 10/04/2022 PUBLIC HEARING
October 4, 2022
Present: Jeanne McQueeney Chairman
Matt Scherr Commissioner
Jeff Shroll County Manager
Kathy Scriver Deputy Clerk to the Board
Absent: Kathy Chandler-Henry Commissioner
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Constituent Input
Chairman McQueeney opened and closed constituent input, as there was none.
Commissioner Updates
Commissioner Scherr spoke about an event"Night of Excellence"put on by the Rotary Clubs in the valley
and Starting Hearts. The event recognized emergency responders and all those who support them.
Chairman McQueeney gave a shout out to the new participants of the Family Leadership Training Institute.
There were 16 participants,and she was so proud of the folks who were willing to dedicate the time it took to
participate in the class once a week until Spring.
County Manager Updates
Jeff Shroll recognized Paul Gordon,president of the Vail Valley Jet Center for his work at the airport. He
also wished to draw attention to the Good Traveler program at EGE, a carbon offset program that worked to restore
the balance by keeping greenhouse gasses out of the atmosphere.
Consent Agenda
1. Final Settlement of Contract Between Frontier Paving Inc. for the 2022 Paving Project
Nicole Trujillo,Road&Bridge
2. Change of Signing Authority and Required Forms for VOCA Grant
Karina Toscano
Commissioner Scherr moved to approve the Consent Agenda for October 4,2022 as presented.
Chairman McQueeney seconded the motion. Of the two voting commissioners,the vote was declared
unanimous.
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Planning File - Mt. Sopris Room, El Jebel
1. SE-9174-2021 Lonesome B LLLP/Porath Subdivision Exemption
Janet Aluise, Community Development
Executive Summary: The Applicant submitted a Subdivision Exemption Application to legalize two parcels,to
adjust the lot lines between the two parcels to accommodate a building encroachment,to correct boundary
discrepancies, and to establish two easements.
File Name: Lonesome B Subdivision Exemption File Number: SE-9174-2021
Applicant: Lonesome B LLLP c/o Cleve E. Williams Owners: Lonesome B LLLP and Robert F. Porath Attorney
Representative: Hoffman Nies Dave&Meyer
Location: Parcel#2481-114-00-024(no address) Parcel#2481-114-00-023 (22931 Frying Pan Rd)
Planner: Janet Aluise, Senior Planner
Engineer: Nicole Mosby, PE, CFM, Staff Engineer
Attorney: Matt Peterson,Assistant County Attorney
Staff Recommendation: Approval
SUMMARY: Cleve Williams, on behalf of Lonesome B LLLP, (hereinafter"Applicant"), and with Robert F.
Porath's permission, submitted an Application for subdivision exemption on June 5,2021 ("Application") for
properties known as Parcel Number 2471-114-00-023 (22931 Frying Pan Road, Tract 2, and hereinafter known as
the"Lonesome B LLLP Parcel")and Parcel Number 2481-114-00-024(no address,Tract 1, and hereinafter known
as the"Porath Parcel").
The Application seeks to achieve the following:
1)Legalization of both parcels;
2)Adjustment of the lot line between the parcels to reflect conveyance of a portion of the Porath Parcel to the
Lonesome B LLLP Parcel in the north central portion of the Porath Parcel to accommodate the encroachment of a
Lonesome B LLLP cabin/shed;
3) Establishment of a thirty foot(30') access easement on both parcels and a septic system easement on the Porath
Parcel for use by both parcels; and
4)Correction of lot line discrepancies on the eastern boundary of the Lonesome B LLLP Parcel.
The properties are located in both Eagle County and Pitkin County. Pitkin County Community Development
Department and Pitkin County Public Health both support this application for legalization of lots, and conveyance
of easements and land for encroachments. In reviewing the request to legalize the Parcels and adjust the lot lines,
staff reviewed access,hazards,water, wastewater disposal, and the proposed plat according to the standards
outlined in ECLUR 5-270.B.1.a-e. These items are detailed below in Section VI Standards and Analysis and
Recommendation of this report.
Pursuant to Section 5-270.A and B of the Eagle County Land Use Regulations("ECLUR"), Standards for
Subdivision Exemption, staff's findings are based on a thorough review of all information presented by the
Applicant, as provided by referral agencies, and thorough research of additional background information. Staff
believes the required findings are met and recommends Approval of the Subdivision Exemption request.
Janet Aluise, staff planner presented the meeting agenda and introduced the applicant.
Cleve Williams expressed frustration with regards to the process and expense of his request. He explained
that he'd owned an existing mobile home park, and his goal was to simply make his low income park legal.
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Ms. Aluise provided an overview of the application. The property was zoned Resource. The applicant
wished to legalize both parcels, conveyance of property for building encroachment, establish two easements, and
correct boundary errors. She reviewed the referral comments. Public notification was provided by posting on the
property,newspaper,and mailing notices. No public comments were received at time of submittal of staff report.
She reviewed the standards per Section 5-270.A.1 per the Eagle County Land Use Regulations. Based on staff's
review,the application was in conformance with the standards. Staff had determined that the parcels in this
subdivision exemption had conforming physical access to a public street or right-of-way(Frying Pan Road)by
conventional vehicle. The.Roaring Fork Rescue Authority commented that there were no issues with the
exemption. Geologic hazards included corrosive soil,potential for subsidence and physiographic floodplain. A
plat not for further geologic investigation upon development and geologic hazard did not preclude a safe, adequate
building site. Staff believed that all the standards had been met and the Lonesome B LLP/Porath Subdivision
Exemption Plat should be approved with conditions. There were four conditions provided by staff.
Matt Peterson,Assistant Eagle County Attorney, requested that any updates to staff's presentation be
included in the official record. He clarified that there were updates made to the staff presentation today to reflect
the proposed conditions.
Commissioner Scherr asked if staff supported the file as conditioned.
Ms. Aluise stated that as to the special hazards and septic system,the conditions were required for an
approval of the application. Staff's perspective was that the application did not meet the standards of the code
unless the conditions were imposed.
Commissioner Scherr asked the applicant if he accepted the conditions.
Mr. Williams stated that he accepted the conditions and had already designed the new septic system and
was waiting for an approval so the work could be done.
Chairman McQueeney asked if Pitkin County had weighed in.
Ms. Aluise stated that Pitkin County had asked to be kept in the loop as the process moved forward for the
septic system.
Mr. Peterson stated that from here,the septic system required a separate permit through Eagle County's
Public Health Office and the state.
Chairman McQueeney opened and closed public comment,as there was none.
Bonnie Williams residing at 924 El Jebel Road expressed frustration for the process.
Commissioner Scherr moved to approve file no. SE 9174-2021 Lonesome B LLP/Porath Subdivision
Exemption.
McQueeney seconded the motion. Of the two voting commissioners, the vote was unanimous.
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There being no further busine ' -( ard,the meeting was adjourned until October 11, 2022.
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Attest: !.t la- _
Clerk to the Board Chairma
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