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Home My WebLink AboutR07-055 White/Morris Accessory Dwelling Unit Special Use Permit Commissioner /!t:~~ moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 -(j~5~~ APPROVAL OF THE SPECIAL USE PERMIT for THE WHITE/MORRIS ACCESSORY DWELLING UNIT FILE NO. ZS-00150 WHEREAS, on or about November 30th, 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by Daryl White (hereinafter "Applicant") for a Special Use Permit for an Accessory Dwelling Unit, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: 00460 Kings Lake Rd, Basalt - South of County Road 104 on the Frying Pan River; Section 7, Township 8 South, Range 85 West; County of Eagle, State of Colorado (see attached Exhibit 'A'); and WHEREAS, the applicant is proposing to construct a primary dwelling unit and a detached, 1800 square foot Accessory Dwelling Unit (ADU) on property seven (7) miles up the Frying Pan Road, east of Basalt; and WHEREAS, per the Eagle County Land Use Regulations, the Resource Zone District permits an Accessory Dwelling Unit of up to 1800 square feet as a 'use by right' on conforming properties of35 acres or greater; Mr. White's property is comprised of 10 acres rendering it a (legal), nonconforming property. As such, the ADU use requires this Special Use Permit in lieu of a 'use by right' via building permit in order to assess the potential land use with a more detailed analysis; and WHEREAS, the White property is accessed via a private road easement which crosses the Frying Pan River, through the King Ranch Subdivision. Platted in 1978, the King Ranch Subdivision consists of two (2), non-conforming lots and contains several, nonconforming, habitable structures; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Roaring Fork Valley Regional Planning Commission on April 5th, 2007; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on April 24th, 2007; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments ofthe Eagle County Department of Community Page 1 of 4 Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. 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 Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact. The design ofthe proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. 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. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for the White/Morris Accessory Dwelling Unit, located in the Resource Zone District, in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410. C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. 3. A separate grading permit is required prior to the issuance of a building permit for the primary dwelling unit. Grading plans shall include specifications regarding the access bridge and all off-site improvements. 4. An approval from the Army Corps of Engineers permitting the stream crossing is required, prior to the issuance of any grading or building permit. 5. All comments from the March 21, 2007 memo from the Basalt and Rural Fire Protection District must be adhered to and included as design aspects of the grading and building permits. 6. The amended Order ofInclusion from the Basalt Conservancy District must be recorded prior to the issuance of a building permit. 7. The well permit must be amended permitting two (2) dwellings to utilize the single well; or information must be provided demonstrating what the proposed water system for the ADU will be if water is used from the 'P & M Spring and Pipe Line' prior to the issuance of a building permit for a second dwelling unit. 8. All exterior lighting on all structures shall be downcast. 9. All comments from the Colorado Geological Survey should be included as design aspects of the grading and building permits. 10. The final engineer designs used for ISDS permitting will need to incorporate denitrification technology into each wastewater system plan. 11. Comments as indicated in the April 17 , 2007 and March 16, 2007 memos from the Engineering Department must considered with any building and/or grading permits. Page 3 of 4 THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners 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 ofCgunty Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /~~ day of / J 74:"1 , 2007, nunc pro tunc to the 24th day of April, 2007. (1 ATTEST: J---/ ) " BY: L '(c;4l( \. Teak J. Simonton Clerk to the Board of County Commissioners Commissioner 1t.;;G. J seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon C'i'-'t/ . a r;;/' cr . ~f.L/ () This Resolution passed by County of Eagle, State of Colorado. .3/21 vote of the Board of County Commissioner of the Page 4 of 4 8'g-~~ ::I CD 0 CD ~~~= [9.g:~ :Ii ::> '" ffi~et3 ~. ~ -g ~ ::I-"""lcn . _"'0 =r ii~~ "",a. floC" c ::> CII m~O o ~ '< m(Q 0., CII ~~~ ClIO!!!. a.o., aC::J m3.c. '< "'l I ... . 0) "'l ~~ .:::t ~~ ~~ ~~ ~ iii' :b tJ c:::: ..... I\)