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HomeMy WebLinkAboutR07-132 Foster Accessory Dwelling Unit Special Use PermitCommissioner `~`J moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2007 - ~ ~ v APPROVAL OF THE SPECIAL USE PERNIIT for THE FOSTER ACCESSORY DWELLING UNIT FILE NO. ZS-00152 WHEREAS, on or about November 30~', 2006, the County of Eagle, State of Colorado, accepted for filing an application submitted by Mr. & Mrs. Foster (hereinafter "Applicants") for a Special Use Permit for an Accessory Dwelling Unit, located in the Resource Zone District in the unincorporated azea of Eagle County described as follows: 00795 Willits Lane, Basalt -West of Willits Lane and the Town of Basalt boundary on the Roaring Fork River; Section 3, Township 8 South, Range 87 West; County of Eagle, State of Colorado (see attached Exhibit `A'); and WHEREAS, the applicant is proposing to construct a new primary dwelling unit restricted to a FAR of 5000 squaze feet within a designated building envelope and designate the original homestead as the Accessory Dwelling Unit (ADU), limited to 1800 square feet; 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; the Foster's property is comprised of 7.67 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 Foster property is accessed via Willits Lane. Previously unplatted, the property in question consists of one (1)non-conforming lot; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Roaring Fork Valley Regional Planning Commission on Apri15`", 2007; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Boazd of County Commissioners on Apri124~', 2007; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated azeas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Page 1 of 4 Commission, and comments from all interested parties, the Boazd of County Commissioners of the County of Eagle, State of Colorado ("the Boazd"), fmds as follows: 1. That proper publication and public notice was provided as required by law for the heazings before the Planning Commission and the Board. 2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standazds 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 standazds 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 standazds 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 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 regazding trash, service delivery, parking and loading, odors, glaze, and vibration, it CAN avoid adverse impact on surrounding lands regazding noise and traffic, and WILL NOT create a nuisance. (S7 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, pazks, schools, police and fire protection, and emergency medical services. (~ Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standazds upon receiving outstanding subdivision and access approvals. (S) 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 chazacteristics. NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners of the County of Eagle, State of Colorado: Page 2 of 4 THAT the Special Use Permit application for the Foster Accessory Dwelling Unit, located in the Resource Zone District, in the unincorporated azea 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. There shall be no removal of native vegetation outside of the platted building envelope. 3. Bear mitigation measures as suggested by the Division of Wildlife will be adhered to with the exception of an installed cooling system. 4. A separate grading permit is required along with a building permit to ensure erosion control is in place and dust suppression measures have been taken. 5. All requirements as indicated in the Mazch 28, 2007 memo from the Basalt and Rural Fire Protection District will be met. 6. The access for the new unit will be consistent with comments from the Eagle County Engineering Department including compliance with standazds for crossing an irrigation ditch. 7. A fishing easements shall be granted to the public designated to five feet (5') from the river's high water mazk on the island on the south side of the applicants property. 8. The final approval of admission into the Mid Valley Metropolitan District for public use of water and sewage treatment. 9. An access permit from the Town of Basalt will be required to address an easement for Willits Lane as well as a possible driveway encroachment into a public park. 10. The original homestead will be designated as the Additional Dwelling Unit (ADU) with an FAR restriction of 1,800 squaze feet; the new unit will abide by the underlying zoning dimensional limitations and be contained within the platted building envelope. 11. The new residence is restricted to 5000 squaze feet of residential square footage. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. Page 3 of 4 THAT, the Boazd of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. ' THAT, the Boazd hereby fmds, determines and declazes that this Resolution is necessary for the health, safety and welfaze of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regulaz meeting held the ~LT{~day of j,~Q p ~.~j~.. COUNTY OF EAGLE, STATE OF COLORADO, By and Thrqugh Its BOARD OF C TY COMMISSIONERS ATTEST: ~ ~~~.~, BY: ® ~ ~• Q `~ BY: Teak J. Simonton ~ ®~ 'A .Menconi, Chair Clerk to the Boazd of ~®g®~p~- County Commissioners Commissioner LJ- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi ~'+ Commissioner Sara. J. Fisher , Commissioner Peter F. Runyon ! h This Resolution passed by ~ ~ V vote of the Boazd of County Commissioner of the County of Eagle, State of Colorado. Page 4 of 4