HomeMy WebLinkAboutR10-136 Foster ADU Extension of Special Use Permit EAGLE COUNTY, CD 201023531
TEAK J SIt1ONTON
P9e: 3 03 :30 :32PM 11/19/2010
REC: $0.00 DOC: S
Commissioner 1-43v' -'1 u'-- moved adoption
ol' the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2010 - 1 (j2
IN THE MATTER OF GRANTING AN EXTENSION TO PREVIOUSLY APPROVED SPECIAL
USE PERMIT ZS- 00152: FOSTER ADU
FILE NO. PR- 2804: FOSTER ADL' SPECIAL USE PERMIT EXTENSION
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the
'Board "), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30 -28-
101, et seq., to plan for and regulate the use and development of land in the unincorporated territory of the
County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order,
prosperity, and welfare of the present and future inhabitants of the County of Eagle; and
WHEREAS, Special Use Permit ZS- 00152 was approved by the Board of County
Commissioners on ,December 1 1, 2007; and
WHEREA.S. Section 5- 250.6.3.(3) -(4) of the Eagle County Land Use Regulations states that:
(3) If a Building Permit is issued during the three ve ar period of time. the Final or Consolidated
Special Use Permit shall be extended for the life of the Building Permit. (am. 1002/07)
(4) If the Final or Consolidated Special Use is established and ongoing at the conclusion of the
Building Permit, then the Building Permit is far the life of the. Final or Consolidated Special Use.
(trna. 10/02/07)
; Accd
WHEREAS, a building permit for ZS -00152 has NOT been issued to date; and
WHEREAS, Section 5- 2501:: ?.3. of the Eagle County Land Use Regulations states that:
a. Extension. Upon lvritten request, an extension of a Final or Consolidated Special Use Permit
may be granted by the Board of County C'orn,nissioners, not to exceed two (2) years in length, if
the applicant demonstrates by competent substantial evidence that failure to proceed with
development of the Special Use was beyond the applicant's control, the Final or Consolidated
Special Use Permit is not speculative in nature, the Final or Consolidated Special Use Permit
still cornplies with these Land Use Regulations and the Comprehensive Plan, and there is a
reasonable likelihood that the Special Use will be developed in the next two (2) years. No request
fc'ir an e.vtension shall be considered unless a written applu:ettion requesting the extension is
submitted to the Community Development Director no later than thirty (30) calendar days prior
to the date that the Final or Consolidated Special Use Permit is to expire. (am ;1/08/05) (wn
10/02/U7 )
Page 1 of 3
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan
for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments of public officials and agencies, and comments from all interested parties, the
Board of County Commissioners of the County of Eagle, State of Colorado, finds
THAT, the Extension request PR -2804: FOSTER ADU SPECIAL USE PERMIT
EXTENSION has demonstrated compliance with all of the relevant standards and processes previously
identified in the Eagle County Land Use Regulations;
THAT, the extension request is granted until December 11, 2012, or until a building permit has
been issued associated with the accessory dwelling unit use allowed by ZS- 00152; whichever comes first;
THAT, this Resolution is necessary for the public health, safety, and welfare of the County of
Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the day of , 2010, nunc pro
tunc to the 28 day of September, 2010.
Page 2 of 3
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: tAG4
e
BY: ,Y r r..r� r' BY: Vanzt..
-ak J. Simo 'Fon * Sara J. Fisher, Ch it
Clerk to the Board of a <aRie
County Commissioners
Ia7`i
rYIV BY:
Jon Stavney, Co sinner/
BY/ t
Peter F. Runyon, Commissioner V
Commissioner 1"L SA - seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Sara J. Fisher 14—( -t N
Commissioner Jon Stavney 14- s 1- -- i
Commissioner Peter F. Runyon 14--t4
/
This Resolution passed by I D vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 3 of 3
