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HomeMy WebLinkAboutMinutes 03/10/2025 PUBLIC HEARING March 10, 2025 Present: Jeanne McQueeney Chairman Tom Boyd Commissioner Matt Scherr Commissioner Matt Peterson Assistant County Attorney Kathy Scriver 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: Planning File - Eagle County Room i. VIS-9440-2024 1463 Wolcott Springs Road Ben Gerdes, Engineering Executive Summary: Variance from Improvement Standards application for Wolcott Springs Road from the intersection with Bellyache Road to the subject property. The application requests variances to the geometric road design, dual access,and rural cul-de-sac standards required by the ECLUR and Engineering Criteria Manual. Project Name: 1463 Wolcott Springs Road Variance from Improvement Standards File Number: VIS-009440-2024 Location: Parcel#1941-261-00-068, 1463 Wolcott Springs Road; Wolcott area Parcel#1941-262-00-066,unaddressed, Wolcott area Owner/Applicant: David Brainard Representative: Scott Bennett Staff Engineer: Ben Gerdes,PE Recommendation: Approval with One Condition I. EXECUTIVE SUMMARY On April 30,2024 Eagle County(the"County")received an application(the "Application") for a Variance from Improvement Standards("VIS"or"Variance") on behalf of David Brainard (the"Owner"or"Applicant"). The Application(Attachment 1)requests a VIS to certain road and access standards for the property identified as Parcel#1941-261-00-068, or 1463 Wolcott Springs Road("the Property"), and Parcel#1941-262-00-066, an unaddressed parcel containing Wolcott Springs Road, a privately owned and maintained road(the"Road"). The general location of the Property is depicted in Figure 1 to the right. The Property is an approximately 35.16 acre tract of land zoned Resource(R)and the Road is an approximately 18.79 acre tract zoned Agricultural Residential as shown in Figure.2 below. The Property was established via deed and does not have a final plat approved and signed by the Board of County Commissioners(the"BoCC"). Colorado law allows for properties to be legally subdivided into 35 acre or larger parcels without County review or approval of the subdivision and subsequently,the Property was not evaluated for legal,conforming access at the time of subdivision. The Applicant desires to construct a primary home and accessory dwelling unit("ADU") on the Property. 1 03/10/2025 The Eagle County Land Use Regulations(the"ECLUR")Division 4-6 -Improvement Standards is applicable to "all development that occurs within unincorporated Eagle County."Article 4- Site Development Standards includes all access,road, and driveway standards. Subsequently, any building permit for a primary home or ADU on the Property must demonstrate legal, conforming access to the nearest public right-of-way,which is Bellyache Ridge Road. This necessitates review of the Road for compliance with all road and access standards from the intersection with Bellyache Ridge Road to the Property. The Road is substandard for geometric design requirements and also does not provide dual access. The VIS process established by the ECLUR exists to balance the hardships to the Applicant of not granting the VIS against the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the lands affected. The Applicant seeks this VIS to establish legal, conforming access to the Property in its current configuration so current and future owners may apply for development permits from the County. Staff reviewed the Application materials and referral agency comments to consider hardships to the Applicant and adverse impacts on the health, safety, and welfare of the persons and lands affected. Staff are able to make a positive finding of conformance to the standards with the addition of one condition of approval. Therefore, staff recommend approval with one condition. Ben Gerdes, County Engineer,presented the application requesting three variances: Geometric Road Design,Dual Access, and Rural Cul-De-Sacs. The owner intended to establish a single-family home and ADU on the Wolcott Spring Road property. The Commissioners must balance the applicant's hardships against adverse impacts on health, safety,welfare,and the affected lands when deciding variance approval. Gerdes explained that requiring over 10 additional private easements for dual access presented a hardship. Without the variance,the applicant would be unable to establish uses-by-right on a legal, conforming lot. Due to special circumstances, strict application of Land Use Regulations would result in undue hardship for the applicant. Concerns included maximum grade, lane width, switchback radius, and ditch depth below the finished shoulder. Staff recommended approval with one condition due to low traffic volume and speeds,and Gerdes indicated that the variances were acceptable. Commissioner Scherr asked if any comments were received from the Fire Department. Mr. Gernes stated that he was not aware of any comments being received from the Fire District. Commissioner McQueeney believed the land use regulations had come a long way but wondered about how the words"peculiar and exceptional"related. Chairman McQueeney opened and closed public comment, as there was none. Commissioner Boyd supported the variances, stating they were minor and fell just outside the recommended metrics. He acknowledged that the surrounding land use justified the variances and that not approving them would cause hardship for the applicant. Commissioner Scherr expressed concerns regarding fire and emergency access. He inquired about the possibility of making the approval conditional upon ensuring that the Fire District has no concerns and asked County Attorney Matt Peterson for legal advice on the matter. Matt Peterson stated that the Fire District was given the opportunity to provide input on the file but chose not to. Although they are a valued referral agency, they were notified and did not respond. Mr. Gerdes stated that Julie Pranger,the staff engineer working on the file ,had reached out more than once and received no response. Mr. Peterson stated that if the board was uncomfortable with the record they could move to table the file to discover more information. Commissioner Scherr believed the application was straightforward and met the standards. Chairman McQueeney was ready to approve the application,believing the board could depend on the road standards. 2 03/10/2025 Commissioner Boyd moved to approve File No. VIS-009440-2024 with one condition, incorporating staff's findings and the recommended condition,because this Application, as conditioned,meets the standard of approval of a Variance from Improvement Standards. Commissioner Scherr seconded the motion. The vote was declared unanimous. There being no further business before the Board,the meeting was adjourned until March 11,2025. Attest: Pttl v i (04.0 Clerk to the Board Chairm 3 03/10/2025