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HomeMy WebLinkAboutR24-014 Approval of Special Use Permit 237 Deer Trail ADU & Garage ZS 009243-2022 DocuSign Envelope ID:3E5BA6B2-FBCE-4281-8068-ABOBD70593EB Commissioner chandler-Henry moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- 014 APPROVAL OF THE CONSOLIDATED SPECIAL USE PERMIT FOR 237 DEER TRAIL ADU & GARAGE EAGLE COUNTY FILE NO. ZS-009243-2022 WHEREAS, on or about December 10,2021,Jesse Allen and Audrey Allen(the"Applicant") submitted Eagle County File No. ZS-009269-2022 (the"Application")to the County of Eagle, State of Colorado; and WHEREAS,the Application requested a Consolidated Special Use Permit("SUP")for 237 Deer Trail Avenue,Carbondale,CO 81623 (the"Property")to allow for the construction of an Accessory Dwelling Unit("ADU"); and WHEREAS, the Property is zoned Rural Residential(RR) and is approximately 0.50 acres in size and is more particularly described as set forth in Exhibit A-Legal Description; and WHEREAS,table 3-300 and section 3-310.A.3 of the Eagle County Land Use Regulations(the "ECLUR")permit an ADU of up to 850 square feet as a use Allowed by Limited Review on parcels that are 2 acres or greater within the Rural Residential(RR)zone district; and WHEREAS, sections 6-120.A.2 and 3-310.A.3 of the ECLUR permit an ADU of up to 850 square feet through a SUP on parcels of less than 2 acres within the Rural Residential(RR)zone district; and WHEREAS,because the Property is a legal,nonconforming parcel that is less than 2 acres, an SUP pursuant to ECLUR section 5-250 is the appropriate mechanism to permit an ADU on the Property; and WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice of the Application concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration of the Application by the Roaring Fork Valley Regional Planning Commission (the"RFVRPC")was mailed to all owners of property adjacent to the Property on November 20, 2023 and published in the newspaper on November 23, 2023. Notice of the Application was posted on the Property prior to November 22,2023; and WHEREAS, at a public meeting held on December 7,2023, the RFVRPC unanimously recommended approval with conditions to the Board of County Commissioners for the County of Eagle, State of Colorado(the"Board"); and Eagle County, CO 202402809 1 of 5 Regina O'Brien 03/18/2024 Pgs: 5 10:58:41 AM REC: $0.00 DOC: $0.00 it DocuSign Envelope ID:3E5BA6B2-FBCE-4281-8068-ABOBD70593EB WHEREAS, in accordance with ECLUR Section 5-210.E-Notice of Public Hearings,notice of the Application concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration by the Board was mailed to all owners of property adjacent to the Property on January 11, 2024 and published in the newspaper on January 11, 2024. Notice of the Application remain posted on the Property; and WHEREAS, at a public meeting held on January 30,2024,the Board considered the Application, the associated plans, documents,and studies;the statements and concerns of the Applicant;the statements of Eagle County Community Development and Engineering staff;the recommendation of the RFVRPC; and the statements of other interested persons, including the members of the public; and WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Planning Department, Eagle County Engineering Department,public officials and agencies,the recommendations of the RFVRPC, and comments from all interested parties,the Board approved the Application by a vote of 3-0 and further finds the following: THAT, the Application complies with the requirements and standards set forth in ECLUR Section 5-250.B-Standards, with conditions, as set forth below: 1. Consistent with Comprehensive Plan. That with the addition of Condition#1 identified below, which minimizes land disturbances in areas of hazards,this Application is in substantial conformance with numerous aspects the Eagle County Comprehensive Plan, Mid-Valley Community Area Plan, and the Missouri Heights Character Area as required by ECLUR 5- 250.B.1, including the careful monitoring of future development through the SUP process,the allowance of ADUs within appropriate zone districts,and the addition of diverse home types. 2. Compatibility. The proposed ADU is compatible with and similar to both existing and permissible uses on adjacent land, services, and infrastructure as outlined in ECLUR 5-250.B.2 because the Property is surrounded by the Rural Residential zone district that allows ADU uses through various review processes and because the proposed ADU is sufficiently spaced from adjacent properties. 3. Zone District Standards. That with the addition of Condition#2, identified below,the proposed ADU and the other existing structures will be brought into compliance with applicable Rural Residential Zone District standards as required by ECLUR 5-250.B.3 and the standards of Sections 3-340 -Zone District Dimensional Limitations and 3-310.A-Accessory Dwelling Units containing specific standards for ADU's in the Rural Residential(RR)Zone District. With the addition of Condition#2, existing non-conforming structures will be brought into conformity with required setbacks prior to the occupancy of the ADU. 4. Design Minimizes Adverse Impact. The proposed ADU reasonably avoids adverse impacts to adjacent properties and will not create any visual,traffic/parking, or nuisance issues as required by ECLUR 5-250.B.4. 5. Design Minimizes Environmental Impact. The proposed ADU minimizes any environmental impact and will not cause deterioration of natural resources as required by ECLUR 5-250.B.5. 2 of 5 DocuSign Envelope ID:3E5BA6B2-FBCE-4281-8068-ABOBD70593EB 6. Impact on Public Facilities, That with the addition of Condition#3, identified below, the proposed ADU will be adequately served by necessary facilities and services including roads, water and sewer,police, and fire protection. Condition#3 ensures that there will be an adequate plan to upgrade the existing on-site wastewater system(OWTS) to meet the increased sanitary sewer capacity needs of the ADU at the time of building permit application. 7. Site Development Standards. That with the addition of Conditions#1 and#4, identified below, the proposed ADU will comply with the Site Development Standards of Article 4, ECLUR. Conditions#1 and#4 are necessary to ensure the Application meets standards related to the avoidance of hazards and meets their obligations for payment of transportation and emergency impact fees. 8. Other Provisions. This standard is met as it is not applicable. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,this Application for a Consolidated Special Use Permit is hereby,approved, subject to the following conditions agreed to by the Applicant, and that violation of any condition shall be the basis for revocation of this approval pursuant to the ECLUR: 1. A site-specific geotechnical investigation of foundation design for steep slope conditions and a specific review of settlement potential for underlying collapsed debris conditions, shall be included with any new building permits requiring foundation design. 2. Prior to the issuance of a Temporary Certificate of Occupancy(TCO)or Certificate of Occupancy(CO) for either the ADU or garage addition the applicant shall remove the existing sheds and any deck encroachments to outside of the required setbacks and in conformance with the Rural Residential Zone District standards. 3. A plan to upgrade the existing on-site wastewater system(OWTS) to meet the increased capacity needs of the ADU shall be required at the time of building permit application. 4. The Applicant shall pay required Transportation Impact Fees and Emergency Services Impact Fees prior to issuance of building permit for the ADU. 5. 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. THAT,the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and 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. [Remainder of page left intentionally blank] 3 of 5 DocuSign Envelope ID:3E5BA6B2-FBCE-4281-8068-AB0BD70593EB MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 12th day of March, 2024, nunc pro tunc January 30, 2024. DocuSigned by: - -� COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its caking° BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: DocuSigned by: Alai 02 tVlt,ln, B gulf S GoDn2c2A6806 0 y 81E7020718E0473.. Clerk to the Board Matt Scherr Chair cDDocuSigned by: CA4AC1201-0AA47A.. Jeanne McQueeney Commissioner p—DocuSigned by: ± 8lFFEB8Oi.. Kathy Chandler-Henry Commissioner Commissioner MCQueeney seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 of 5 DocuSign Envelope ID:3E5BA6B2-FBCE-4281-8068-ABOBD70593EB Exhibit A Lot 19, Subdivision Exemption Plat: A Consolidation of Portions of Lots 18 and 19,Amended Map of Colorado Country's Red Table Acres Eagle County, Colorado. Legal Description: ALL THE REAL PROPERTY, TOGETHER WITH IMPROVEMENTS, IF ANY, SITUATE,LYING AND BEING IN THE COUNTY OF EAGLE AND STATE OF COLORADO, DESCRIBED AS FOLLOWS LOT 19, COLORADO COUNTRY'S RED TABLE ACRES, ACCORDING TO THE AMENDED PLAT THEREOF FILED APRIL 5, 1973 IN BOOK 228 AT PAGE 515 AS RECEPTION NO. 124352; EXCEPT THOSE PARCELS OF SAID LOT CONVEYED IN INSTRUMENTS RECORDED JULY 15, 1975 IN BOOK 240 AT PAGE 813 AS RECEPTION NO. 136914 AND MAY 8, 1984 IN BOOK 384 AT PAGE 914 AS RECEPTION NO. 281219; COUNTY OF EAGLE, STATE OF COLORADO. 5 of 5