HomeMy WebLinkAboutR01-156 special use permit for Pettet McFee ADUCommissioner Altzat9.2 moved adoption
of the foklowing Resolution:
BOARD OF COUNTY COMNHSSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001- /9
APPROVAL OF SPECIAL USE PERMIT
Pettet/McFee Accessory Dwelling Unit
FILE NO. ZS -00082
WHEREAS, on or about June 30, 2001, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Brian Pettet and Patricia McFee (hereinafter
"Applicants ") for a Special Use Permit for an Accessory Dwelling Unit on a legal non- .
conforming lot within the Rural Residential Zone District in the unincorporated area of Eagle
County described as follows:
Lot 35, Red Table Acres Subdivision; and
WHEREAS, the Applicants propose to construct a detached garage structure to the east
of the existing home, a portion of which would contain habitable space not exceeding eight
hundred and fifty (850) square feet; and
WHEREAS, Section 6- 120.A.2 of the Eagle County Land Use Regulations allows
Accessory Dwelling Units on legal non - conforming lots in the Rural Residential Zone District
through the application for and processing of a Special Use Permit; 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
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WHEREAS, at its public hearings held November 8, 2001, the Roaring Fork Valley
Regional Planning Commission, based upon its findings, recommended approval of the Special
Use Permit, with certain conditions; 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
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado (hereinafter "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; and,
That pursuant to Eagle County Land Use Regulations Section 5- 250.b, Standards for
the review of a Special Use Permit:
1. Consistent With Master Plan 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.
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 of the proposed Special
Use does minimize adverse impacts, including visual impact of the
proposed use on adjacent lands; furthermore, 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 does not create a nuisance.
5. Design minimizes environmental impact The proposed Special Use
does minimize environmental impacts and does not cause significant
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deterioration of water and air resources, wildlife habitat, scenic resources,
and other natural resources.
6. Impact on public facilities The proposed Special Use is adequately
served by public facilities and services, including roads, pedestrian paths,
potable water and wastewater facilities, parks, schools, police and fire
protection, and emergency medical services.
7. Site development standards The proposed Special Use does comply with
the appropriate standards in Article 4, Site Development Standards
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the application of Brian Pettet and Patricia McFee, File No. ZS- 00082, for a
Special Use Permit for an Accessory Dwelling Unit on a non - conforming lot within the Rural
Residential 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:
1. That the proposed Accessory Dwelling Unit be limited to no more than two (2)
bedrooms.
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 inhabitants of the County of Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the jz�Lday of
2001, nunc pro tunc to the 20 day of November, 2001.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
County Commissioners
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Commissioner seconded adoption of the foregoing Resolution.
The roll having been called, the vote wa as follows:
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher
Commissioner Am M. Menconi 4-t
This Resolution passed by (=0 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
n
Am M. Menconi, Commissioner
