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HomeMy WebLinkAboutR04-107 Schultz Acessory Dwelling Unit Special Use Permit Approval • • N Commissioner �'Ve- moved adoption of the following Resolution: �, co m Mom RESOLUTION of the CO a COUNTY OF EAGLE, STATE OF COLORADO �� RESOLUTION NO.2004 - /(/ '1 0 APPROVAL OF THE SPECIAL USE PERMIT for the SCHULTZ ACCESSORY DWELLING UNIT W FILE NO. ZS -00119 o E N WHEREAS, on or about June 8 2004, Robert Schultz; (herein after "Applicant ") did �. Y file an application with the Eagle County Department of Community Development for a Special Use Permit to utilize an attached, 540 square foot `garage' as an Accessory Dwelling Unit, located in the Rural Residential Zone District in the unincorporated area of Eagle County described as follows: Lot 17, Red Table Acres; 0354 Fawn Drive, El Jebel See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission August 19 2004 and by the Eagle County Board of County Commissioners on August 31 2004; and; WHEREAS, normally permitted with Limited Review approval in the RR zone district, Accessory Dwelling Units on non - conforming lots such as this lot, require a Special Use Permit; and, WHEREAS, the applicant has received approval from the Red Table Acres Homeowners Association for domestic water use in the secondary unit; and, WHEREAS, the garage conversion was approved as part of BP- 15722; 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 ( "the Board "), finds as follows: 1 • • 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] Section 5- 250.B.1. Consistent with Master 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 Master Plan and Master Plan FLUM, and related sub -area master plans. [2] Section 5- 250.B.2 Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] Section 5- 250.B.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] Section 5- 250.B.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. The Special Use WILL avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration. Adverse impact on surrounding lands regarding noise and traffic, WILL NOT create a nuisance. [5] Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact. The proposed Special Use CAN fully minimize environmental impacts, and though it will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, it WILL NOT cause significant deterioration to scenic resources. [6] Section 5- 250.B.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] Section 5- 250.B.7 Site Development Standards. The proposed Special Use, as conditioned, DOES fully comply with all the appropriate standards in Article 4, Site Development Standards. 2 • [8] Section 5- 250.B.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 Special Use Permit application to utilize an attached, 540 square foot `garage' as an Accessory Dwelling Unit, located in the Rural Residential 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 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. Applicant shall apply for and receive any necessary building permits prior to the installation of the stove. 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. 3 F • • MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the L-2, day of 0" 2004, nunc pro tunc to the 31st day of August, 2004. COLNTY G OF EAGLE, STATE OF COLORADO, By and 6 ' s BOARD OF COUNTY COMMISSIONERS o ATTEST: _ " BY C Cie" 1" ". 4 Q 0 * BY: 6 /JIfr Teak J. Simonton CO Tom C. .n) C . Clerk to the Board of / County Commissioners it' ty BY: _ ,. _ , e '` allagher, Co iss oner BY: K Menconi, Commissioner Commissioner. I e ite� onded adoption of the foregoing resolution. The roll having been called, the vote was a` follows: Commissioner Tom C. Stone (Zp Commissioner Michael L. Gallagher �j Commissioner Arn M. Menconi C2- This Resolution passed by 7/ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 4 Schultz tccesso Dwellin tnit rY g ZS -00019 I 11111411.- l o--. SITE *Nv> Lot 17, 0354 Fawn Dr. ° E P`�� ` ,, re , . , 1 m _� '" • b ��a e 4c � 4111111.1, tIItIf* 0 _iiinletr 3., mom tw iiiic)Iiiiite(dop 4 0 ill . , eV Pit ' 1 .. . as c =c =__ tg ,f) No ^ � n Rexl. AO 7 °ulna 000e,, ir... ` [, "'�� ,0` � ?,9 ° no ki , . 6 j 171 00 p ` i Ov l�ta / . , '' ": 5�►.� A `.� o '� P s d. , v`.Q •.. G-- C L a D 0000 . ° � `• D /o• v , c: k ' � w Q , o , ; T . 9� El Jebel Road „gm rig eb:4 tA �C�'.177:i7 7. 7. ^,717. , � O , p "O c, 0 �� • e - + 0 0 •D D 0 I o ti \ � `Z, N r 900 0 900 1800 2700 3600 4500 Feet oi LEGEND mi Rivers and Roads ", Rivers "'Roads 1 1 Building Footprints f.As:fc ^IJrltr Parcels USE OF THIS MAP SHOULD BE FOR Subdivisions AND INFORMATIONAL PURPOSES ONLY. EAGLE COUNTY DOES NOT 0 Eagle County Boundary WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN.