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Home My WebLink AboutR12-120 Foster Accessory Dwelling Unit Special Use Permit Eagle County, CO 201224715 Teak J Simonton 12/07/2012 Pgs: 5 04:53:24 PM REC: S0.00 DOC: $0.00 z Commissioner ,..A1 moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO 7-- 0 RESOLUTION NO. 2012 - APPROVAL OF AN EXTENSION TO SPECIAL USE PERMIT ZS-00152 ("FOSTER ACCESSORY DWELLING UNIT") FILE NO. PR-4001 WHEREAS, on or about September 20, 2012, the County of Eagle, State of Colorado, accepted for filing an application (Eagle County File No. PR-4001) submitted by Jeremy and Angela Foster (hereinafter the "Applicant") for the purpose of requesting a second two (2) year extension of a Special Use Permit to construct one (1) Accessory Dwelling Unit (ADU") on property located within the Resource (R) Zone District in the unincorporated area of Eagle County described as follows: (10795 Willits Lane, Basalt: West of Willits Lane and the Town of Basalt boundary on the Roaring Fork River; Section 3, Township 8 South, Range 87 West; County of Eagle. State of Colorado, more particularly described on Exhibit - A" attached hereto and incorporated herein (hereinafter the "Foster Property"): and WHEREAS, the Applicant is proposing to construct a new primary dwelling unit restricted to a Floor Area Ratio ("FAR") of 5,000 square feet within a designated building envelope on the Foster Property and to designate the original homestead as the ADU which will be limited to 1,800 square feet; and WHEREAS, the Eagle County Land Use Regulations (the "EC1 liRs") permit one (1) ADU of up to 1,800 square feet as a "use by right" on conforming properties of 35 acres or greater, and; WHEREAS, the Foster Property is comprised of 7.67 acres, rendering it a "legal non- conforming lot within the Resource Zone District. and: 1 WHEREAS, in accordance with Section 6 -120.A (2) — Additional Uses, ECLURs, the owner of a "legal, non - conforming" lot of record may apply, pursuant to Section 5 -250, Special Uses, ECLURs, for any other use that is allowed, allowed by limited review, or allowed by special review for any use normally permitted in the applicable underlying zone district, and; WHEREAS, the Eagle County Board of County Commissioners (hereinafter "the Board ") approved the Special Use Permit for one (1) ADU (Eagle County File No. ZS- 00152) for the Foster Property on December 11, 2007, via Resolution No. 2007 -132 (hereinafter the "Foster ADU Special Use Permit" or "Eagle County File No. ZS- 00152), and; WHEREAS, in accordance with Section 5- 250.G.3 (a) (3), ECLURs, if a building permit is issued during the three (3) year period starting with the approval date of a Special Use Permit, the Final or Consolidated Special Use Permit shall be extended for the life of the Building Permit, and; WHEREAS, a building permit to construct the primary residence authorized by the Foster ADU Special Use Permit (File No. ZS- 00152) was NOT issued within said three (3) year time period commencing on December 11, 2007, and; WHEREAS, in accordance with Section 5- 250.G.3 (b) — Extension of Special Use Permit Approval, ECLURs, the Board may grant a two (2) year extension upon finding that: (1) Failure to proceed with the development of the application was beyond the Applicant's control; (2) The development complies with the ECLURs and the Comprehensive Plan; (3) There is a reasonable likelihood the next step in the development application will be submitted in the next two years, and; WHEREAS, the Applicant did request and was granted one (1), two (2) year extension for the Foster ADU Special Use Permit on September 28, 2010 (Eagle County File No. PR- 2804), and; WHEREAS, such extension (Eagle County File No. PR -2804) is valid until December 11, 2012, and; WHEREAS, a building permit for File No. ZS -00152 has NOT been issued to date, and; WHEREAS, at its regular public hearing of October 30, 2012, the Board considered a second extension request of the Foster ADU Special Use Permit (Eagle County File No. PR- 4001); associated plans; the statements and concerns of the Applicant, the Eagle County 2 Community Development and Engineering staff, and other interested persons, and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM ") for Eagle County, and the Eagle County Open Space Plan, as well as comments of the Eagle County Department of Community Development, comments of public officials and agencies, and comments from all interested parties, the Board, finds as follows: 1. That, in accordance with Section 5- 250.G.3 (b) — Extension of Special Use Permit Approval, ECLURs, a written application requesting the extension WAS submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Final or Consolidated Special Use Permit is to expire. 2. That, in accordance with 5- 250.G.3 (b) — Extension of Special Use Permit Approval, ECLURs, the Applicant did demonstrate by competent substantial evidence that: (1) Failure to proceed with the development of the application WAS beyond the Applicant's control; (2) The development COMPLIES with the ECLURs and the Comprehensive Plan; (3) There IS a reasonable likelihood the next step in the development application will be submitted in the next two years, and; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the request for a second extension (Eagle County File No. PR -4001) of the Foster ADU Special Use Permit (Eagle County File No. ZS- 00152), be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Foster ADU 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. THAT, this extension request shall reauthorize the specific use(s) allowed by Eagle County File No. ZS -00152 and shall, therefore, be subject to all previous conditions of approval of Eagle County File No. ZS- 00152. THAT, this extension request is granted and that the Foster ADU Special Use Permit is extended until December 11, 2014, or until a building permit has been issued for the accessory dwelling unit use allowed by Eagle County File No. ZS- 00152, whichever comes first. 3 TI-HAT, the Board 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 Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the t day of D, . 2012, nunc pro tunc to the 30 day of October, 2012. COUNTY OF EAGLE, STATE OF COLORADO, by and through Its BOARD OF COUNTY COMMISSIONERS ATTEST: of fjlell' 1 BY: fib _ _ Q0,,,- r a Teak J. Simo on ° IORAD° P - ; F. Runyon, hairman Clerk to the Board of 4) A -, � County Commissioners BY: .� `� ‘92y- Jo ,vney, Commissioner BY: Sara J. J. Fisher, Commissioner Commissioner - i. s u u seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Jon Stavney nnt. Commissioner Sara J. Fisher 1 ' t " " This Resolution passed by / vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 4 EXHIBIT v � Our Order No: V50034509 LEGoL DESCR FM CN PARCEL 1 A TRACT OF LAND CONTAINED IN TRACT 53, SECTIONS 2,3,10 AND 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS BEING THAT PART OF TRACT 53 OF SAID SECTIONS 2,3,10 AND 11, LYING NORTH OF THE CENTERLINE OF THE ROARING FORK RIVER. BEGINNING AT THE NE CORNER OF SAID TRACT 53, THENCE S. 87°33'00" W. 1044.31 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONG THE ROARING FORK RIVER THE FOLLOWING COURSES: THENCE S. 55°53' 00" E. 556 FEET; THENCE S. 74° 27' 00" E. 198.00 FEET; THENCE S. 67°45' 00" E. 139.00 FEET; THENCE S. 68°52' 13" E. 285.26 FEET, ALONG THE SAID CENTERLINE OF THE ROARING FORK RIVER; THENCE LEAVING THE CENTERLINE OF THE ROARING FORK RIVER N. 00° 12' 00" W. 564.89 FEET ALONG THE EAST LINE OF SAID TRACT 53 TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO; EXCEPT THAT PORTION OF THE SUBJECT PROPERTY CONVEYED IN QUIT CLAIM DEED RECORDED JANUARY 20, 2009 AT RECEPTION NO. 200900744. PARCEL 2 THOSE EASEMENT RIGHTS CREATED BY INSTRUMENT RECORDED JANUARY 20, 2009 UNDER RECEPTION NO. 200900745.