HomeMy WebLinkAboutR12-088 808 Distillery/Home Business Special Use Permit Approval EAGLE COUNTY, CO 201219175
TEAK J SIMONTON
Pgs: 4 t2 :e4aePM 09/24/2012
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Commissioner 5i P-li, L "t moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
O
RESOLUTION NO. 2012-
.
APPROVAL OF A SPECIAL USE PERMIT FOR
THE 808 DISTILLERY /HOME BUSINESS
FILE NO. ZS -3627
WHEREAS, on February 24 2012, the Applicant, Penny Clough, submitted a request to
the Board of County Commissioners (hereinafter the "Board ") to allow for a Home Business at 808
fairgrounds Road in Eagle County.
WHEREAS, the Applicant specifically requests a S 'ecial Use Permit to operate a Micro
PP P Y eq P P
Distillery on the property identified by APN 1939- 323 -00 -008
WHEREAS, at a public hearing held on May 16th, 2012 the Eagle County Planning
Commission unanimously recommended approval of this file.
WHEREAS, at a public hearing held by the Board on June 19, 2012, the Board reviewed
evidence including three conditions, and directed staff to prepare a Resolution of approval.
NOW THEREFORE, 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, the Planning
Commission deliberations, and comments from all interested parties, the Board finds as follows:
L That proper publication and public notice of this application was provided as
required by law for the hearings before the Planning Commission and the Board.
2. As required by 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 IS 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.
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[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
will not cause significant deterioration of water and air resources, wildlife
habitat, and other natural resources, and 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.
[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 for the 2 acre parcel as hereinabove described be approv-
ed, subject to the following conditions, and provided that failure of the Applicant to fulfill and
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continue to abide by any such condition shall be the basis for revocation or modification 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. This Special Use Permit shall be valid for a period of not more than three (3) years prior
to actual implementation of the permitted use. Upon implementation of the approved
use, such permit shall remain valid, in perpetuity, and shall run with the land, provided
that ownership changes and the new owner choses to continue the use, staff will
evaluate the new owner's business plan for compliance with this special use.
3. The private wastewater system shall comply with all Eagle County Land Use
Regulations.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 1 th day of sI
2012. '
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
� , a ,,, c OARD OF COUNTY COMMISSIONERS
0
s
ATTEST:
0
By: '" .' .°';, / I V,
Teak J. Simonton Peter F. Runyon, C , airman
Clerk to the Board of
County Commissioners �'
1tvi By: � t�
o Stavney, Comte ner
By: _4 :. . 1r4
Sara J. fisher, Cdinmissioner
Commissioner 1 S-14 - seconded adoption of the foregoing Resolution. The roll
having been called, the vote was as follows:
Page 3 of 4
Commissioner Peter F. Runyon 14-1,
Commissioner Jon Stavney
Commissioner Sara J. Fisher y
This Resolution passed by / 6 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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