HomeMy WebLinkAboutR07-056 Spahmer Accessory Dwelling Unit Special Use Permit /) Commissioner ('41..1: ~ moved adoption of the followi / Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - () L:)G APPROVAL OF THE SPECIAL USE PERMIT for THE SPAHMER ACCESSORY DWELLING UNIT FILE NO. ZS-00145 WHEREAS, on or about August 18th, 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by James Spahmer (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: 0850 Hwy 131 in Wolcott; Section 15, Township 4 South, Range 83 West; County of Eagle, State of Colorado (see attached Exhibit 'A'); and WHEREAS, the applicant proposes to construct a primary dwelling unit and an Accessory Dwelling Unit (ADU) on his nonconforming property in Wolcott; 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 of 35 acres or greater; Mr. Spahmer's property is comprised of 14.77 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 ADU space, located above a garage, is approximately 1783 square feet and has a separate, independent entrance to the exterior; it does not connect to the garage/hobby room below; and WHEREAS, the applicant and his spouse will initially live in the 1783 sq ft dwelling unit (which is the future ADU) above the garage until the construction of the primary dwelling unit has been completed. The Spahmers will then move into the primary unit leaving the ADU available for rent to an employee ofMr. Spahmer; and WHEREAS, also located on the Spahmer property is a Telecommunications Facility (Special Use Permit ZS-00125) for Nextel that was approved by Eagle County in 2005. The proposed Special Use Permit at hand recognizes that that use also exists on the property, however; the current Special Use for the Accessory Dwelling Unit does not include and/or amend the existing telecommunications use; and Page 1 of 4 WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on March 21 S\ 2007; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on April 10th, 2007; and WHEREAS, based on the evidence, testimony, exhibits, and study ofthe Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community 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 Avvlicable to Particular Residential, Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact The design of the 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. Page 2 of 4 (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions ofthese Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THA T the Special Use Permit application for the Spahmer 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. 4. The overall site plan and/or the site plan for the primary dwelling must be revised to show a primary and alternate site for the proposed ISDS for the primary unit, to the satisfaction of the Director of Environmental Health, prior to the issuance of a building permit for the primary dwelling unit. If it cannot be shown that there is an area acceptable for an ISDS for the primary unit, this Special Use Permit will be deemed invalid and the garage/dwelling unit shall be the only dwelling unit permitted onthis parcel. 5. Upon the construction of the primary residence the dwelling unit above the garage shall be no larger than 1783 sq ft, and shall be independent of any other aspect of the garage/hobby room; the ingress/egress to the ADU must be direct to the exterior ofthe structure. The applicant must demonstrate compliance with this condition prior to the TCO for the primary dwelling unit. 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. Page 3 of 4 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /<7 day of i11 Cl:; , 2007, nunc pro tunc to the 10th day of April, 2007. . commissioner.:::rA~~1 seconded adoption ofthe foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon (1)vy/ 01/ c~ This Resolution passed by ? / c County of Eagle, State of Colorado. vote of the Board of County Commissioner of the Page 4 of 4 :::l Cl. 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