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HomeMy WebLinkAboutR24-016 Approval of VIS 009366-2023 117 Wolcott Springs Road DocuSign Envelope ID:FBC1E76C-6F8C-4141-9B5C-40D608525F8F Eagle County, CO 202402940 Regina O'Brien 03/20/2024 Pgs: 4 10:12:21 AM REC: $0.00 DOC: $0.00 Commissioner chandler-Henry moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024 - 016 APPROVAL OF THE VARIANCE FROM IMPROVEMENT STANDARDS FOR 117 WOLCOTT SPRINGS ROAD Eagle County File No.VIS-009366-2023 WHEREAS, on or about June 29, 2023, the County of Eagle, State of Colorado, accepted an application ("Application") submitted by Stephen Fischer and Paula Denissen ("Applicants") seeking a Variance From Improvement Standards ("VIS") for Wolcott Springs Road, Parcel No. 1941-262-00-066, for access to the real property and improvements known as 117 Wolcott Springs Road, Parcel No. 1941-272-00-047, located in the County of Eagle State of Colorado (the "Property"); and WHEREAS, Applicants also desire to subdivide the Property into a total of 2 lots and submitted an application for a Minor Type A Subdivision ("SMA") via Eagle County File No. SMA-009321-2023; and WHEREAS, pursuant to the Eagle County Land Use Regulations ("ECLUR") Section 5-290.C.1.c - Access, an SMA requires demonstration that all lots in the proposed subdivision have legal and physical access to a public street or rights-of-way by conventional vehicle; and WHEREAS, the Property has access to Bellyache Ridge Road, a public street or right-of-way via Wolcott Springs Road, a privately owned and maintained road; and WHEREAS, ECLUR Division 4-6 - Improvement Standards establishes the minimum design criteria and standards for infrastructure development in unincorporated Eagle County to protect and promote the public health, safety, and welfare of the residents and visitors of Eagle County and is applicable to all development within unincorporated Eagle County; and WHEREAS, ECLUR Section 4-620 - Roadway Standards requires access roads such as Wolcott Springs Road serving developments of more than three residences to meet Eagle County Roadway Standards prior to the issuance of building or development permits; and WHEREAS, Wolcott Springs Road currently does not comply with ECLUR Section 4-620 -Roadway Standards; and DocuSign Envelope ID:FBC1E76C-6F8C-4141-9B5C-40D608525F8F WHEREAS, because Applicants desire to subdivide the Property via an SMA and utilize Wolcott Springs Road for access to the Property, Wolcott Springs Road must either comply with ECLUR Section 4-620 - Roadway Standards or receive a variance to improvement standards pursuant to ECLUR Section 5-260.G - Variance from Improvement Standards; and WHEREAS, under ECLUR Section 5-260.G - Variance from Improvement Standards, Applicants proposed and requested approval of a VIS by the Board of County Commissioners (the "Board") from ECLUR improvement standards relating to roadway standards, specifically, those standards relating to dual access and geometric standards for a Rural Residential road set forth in the ECLUR Section 4-620 - Roadway Standards, as detailed in the Application and the Staff Report previously submitted to the Board; and WHEREAS, in accordance with ECLUR Section 5-210.E - Notice of Public Hearings, notice concerning the subject matter of the Application and setting forth the dates and times of meetings for consideration by the Board was published in the Eagle Valley Enterprise on February 8, 2024, mailed to all owners of property adjacent to the Property on February 12, 2024, and posted on the Property on or before February 12, 2024; and WHEREAS, the Board conducted a site visit on February 27, 2024 in order to view Wolcott Springs Road and the surrounding topography and adjacent parcels; and WHEREAS, at its public hearing held on February 27, 2024, the Board considered: the Application and the Staff Report; a presentation from Eagle County Engineering Department staff; and statements and concerns of Applicants and all other interested parties, including members of the public; and WHEREAS, at the conclusion of the hearing on February 27, 2024, the Board unanimously voted to approve the VIS with one (1) condition, concluding that the hardship to the Applicants from denial of the requested variances outweighed the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the land affected. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, based on the evidence, testimony, exhibits, and study of the ECLUR and Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of Eagle County Engineering Department staff, the statements and concerns of Applicants, comments of public officials and agencies, and comments from all interested parties, the Board finds as follows: THAT, proper public notice was provided as required by law for the hearing before the Board; and 2 DocuSign Envelope ID:FBC1E76C-6F8C-4141-9B5C-40D608525F8F THAT, the Application complies with the requirements and standards set forth in ECLUR, Section 5-260.G - Variance From Improvement Standards, and further finds that the hardship to the Applicant of not granting the requested variances to ECLUR Section 4-620 - Roadway Standards, outweighs the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected; and THAT, the hardships to Applicants of not granting the VIS include an inability to meet the standards of approval for an SMA in order to subdivide the Property, the need to obtain numerous private easements, and the extensive disturbance of native vegetation, views, and wildlife habitat on the Property; and THAT, the hardship to Applicants outweighs the the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected because adverse impacts will be minimized as Wolcott Springs Road meets the standards promulgated by the American Association of State Highway and Transportation Officials and the International Fire Code and to ensure functionality of Wolcott Springs Road, consistent with ECLUR Section 4-610.A.2 - Standards Are Not Inflexible, which allows alternate designs where the alternate design can be shown to provide performance and/or environmental sensitivity which reflects community values equal to or better than the ECLUR's Roadway Standards; and THAT, the above-described Application for the VIS be and is hereby APPROVED as to each variance relating to dual access and geometric standards for a Rural Residential road set forth in the ECLUR Section 4-620 - Roadway Standards, subject to the following conditions which are necessary to ensure that the hardship of not granting the requested variances is not outweighed by the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected: 1. This Variance from Improvement Standards applies only to residential uses-by-right and an accessory dwelling unit for Lot 1A and residential uses-by-right and an accessory dwelling unit for Lot 2A as those lots are proposed by SMA-009321-2023. This Variance from Improvement Standards does not extend to future subdivision of either lot proposed bySMA-009321-2023 or other properties served byWolcott Springs Road. P p THAT, violation of any of the listed conditions shall be the basis for an enforcement action pursuant to the ECLUR; and THAT, the Board directs the Engineering Department to provide a copy of this Resolution to Applicants; 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. 3 DocuSign Envelope iD:FBC1E76C-6F8C-4141-9B5C-40D608525F8F MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 19th day of March , 2024, nunc pro tunc to the 27th day of February, 2024. DocuSigned by: Qs COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its co." BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: DocuSigned by: inai (� Sc F9002F2d0090S10.. Bye 01C7B2D71BE0479. Clerk to the Board Matt Scherr County Commissioners Chair DocuSigned by: fGG CMAC1291 9M17A. Jeanne McQueeney Commissioner DocuSigned by: . ar— uDA rbb 44us.. Kathy andler-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