HomeMy WebLinkAboutR01-103 Special Use Permit for Rasnick Home Occupation (2)1111111 11111 1111111 �lII IIIII IIIIIII III I�i�l Ili 08/16/2001 02:14P , ,
Sara J Fisher Eagle, CO 370 R 0 D 0.00
moved adoption
ation:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001 -
APPROVAL OF SPECIAL USE PERMIT
FOR THE RASNICK HOME OCCUPATION
FILE NO. ZS -00075
WHEREAS, Robert J. Rasnick and Melinda Gorman Rasnick, ( "Applicant ") did file an
application with the Eagle County Department of Community Development on or about 29
March 2001 for a Special Use Permit for a Horne Occupation use on a legal, non - conforming lot
in the Resource Zone District, in the unincorporated area of Eagle County described as follows:
A certain parcel of land being a part of Tract 39, located in the SW
1/4 of Section 5, Township 2 South, Range 83 West of the 6th
Principal Meridian, Northerly and Easterly of Colorado Highway
131, also known as 19688 Highway 131, McCoy, Colorado
and
WHEREAS, the Applicants propose to operate a pipe service company as a Home
Occupation, which involves the use of a truck containing a water tank and high pressure jetting
equipment, and a van with high tech video inspection equipment used to video inspect sewer
lines. Sewage disposal for the dwelling will be accomplished by means of an individual sewage
disposal system; water will be supplied from a previously existing artesian well; and
WHEREAS, notice of the Special Use Permit application was given to all proper
agencies and departments as required by the Eagle County Land Use Regulations, Section 5-
210.E; and,
WHEREAS, at its public hearings scheduled on 20 June and tabled to 18 July 2001, the
Eagle County Planning Commission, based upon its findings, recommended approval of the
Special Use Permit, with certain conditions; and
WHEREAS, a public hearing was scheduled by the Board of County Commissioners of
the County of Eagle, State of Colorado, on 3 July and tabled to 31 July 2001; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master 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
Eagle County 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:
That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. That the proposed Special Use, as conditioned, conforms to the requirements of
Section 5- 250(B) of the Eagle County Land Use Regulations, as follows:
a. The proposed Special Use is appropriate for its proposed location and is
consistent with the purposes, goals, objectives and policies of the Master
Plan and the FLUM of the Master Plan, including standards for building
and structural intensities and densities, and intensities of use.
b. The proposed Special Use is appropriate for its proposed location and
compatible with the character of surrounding land uses.
The proposed Special Use does meet the standards of the zone district in
which it is located, and does meet the standards applicable to the particular
use, as identified in Section 3 -310, Review Standards Applicable to
Particular Residential Agricultural and Resource Uses and Section 3 -330,
Review Standards Applicable to Particular Commercial and Industrial
Uses
d. The design of the proposed Special Use does minimize adverse impacts,
including visual impact of the proposed use on adjacent lands;
fiirthermore, the proposed Special Use does avoid significant adverse
impact on surrounding lands regarding trash; traffic, service delivery,
parking and loading, odors, noise, glare, and vibration, and shall not create
a nuisance.
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e. The proposed Special Use does minimize environmental impacts and does
not cause significant deterioration of water and air resources, wildlife
habitat, scenic resources, and other natural resources.
f. The proposed Special Use is adequately served by public facilities and
services, including roads, pedestrian paths, potable water, parks, schools,
police and fire protection, and emergency medical services.
g. The proposed Special Use does comply with the appropriate standards in
Article 4, Site Development Standards
h. 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.
3. That for the above - stated and other reasons, the proposed special use is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Eagle County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application of Robert J. Rasnick and Melinda Gorman Rasnick, File No. ZS-
00075, for a Special Use Permit for a Home Occupation in the Resource Zone District described
herein, be and is hereby approved, subject to the conditions as set forth herein.
THAT, the following conditions shall be placed upon this approval and that violation of
any condition shall be the basis for revocation of the Special Use Permit:
Except as otherwise modified by these conditions, all material representations of
the Applicant in this application and all public meetings shall be adhered to and
be considered conditions of approval.
2. Any use of water on the parcel shall conform to the requirements for and
provisions and limitations of all applicable well permit(s).
3. The recommendations of the Colorado State Forest Service in its letter dated May
14, 2001, shall be incorporated on the site.
THAT, this permit shall be subject to review as provided for by the Eagle County Land
Use Regulations.
d
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 of County C issioner f the
County of Eagle, State of Colorado, at its regular meeting held the W,� d Y of ,
2001, nunc pro tunc to the 31 day of July, 2001.
P* ° COUNTY OF EAGLE, STATE OF
y COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST,':
Sara J. Fisher " '
Clerk to the Board of
County Commissioners
The roll having been called, the
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Toni C. Stone, Chairman
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher
Commissioner Am M. Menconi
�1 / seconded adoption of the foregoing Resolution.
as follows:
�W41 0
: I - I
This.Res&ution passed by Board of County Commissioners of the County
of Eagle,, State. of Colorado.
4
Am M. Menconi, Commissioner
