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HomeMy WebLinkAboutR13-091 Nolan Accessory Dwelling Unit Special Use Permit Commissioner / 71'e _i--k- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - 0 C// RESOLUTION FOR THE APPROVAL OF THE SPECIAL USE PERMIT FOR THE NOLAN ACCESSORY DWELLING UNIT ' FILE NO. ZS-4239 WHEREAS, on or about August 6, 2013, the County of Eagle, State of Colorado, accepted for filing an application for a Special Use Permit submitted by Cory Nolan(hereinafter "Applicant") for the purpose of creating one (1) 1,800 square foot Accessory Dwelling Unit(the "ADU") as a secondary, independent single-family structure in the Resource("R") Zone District; and WHEREAS, the ADU will be a secondary, independent single-family structure located at 2798 Gypsum Creek Road, according to The Colby&Nolan Parcel Subdivision Exemption Plat (the"subject property"), and a Site Plan made part of the application(attached hereto as Exhibit "A" and incorporated herein), and; WHEREAS,the subject property is non-conforming to the size requirements of the Resource Zone District, necessitating a Special Use Permit for the proposed ADU, and; WHEREAS, access for the ADU is to be provided via Gypsum Creek Road, water is supplied by the Town of Gypsum and Onsite wastewater treatment(OSWT) system is private, and; WHEREAS,notice of the Special Use was given to all proper agencies and departments as required by the Eagle County Land Use Regulations (hereinafter the"ECLURs"), Section 5- 210.E, and; WHEREAS, at its public hearings held on July 3, 2013, the Eagle County Planning 1 Commission(hereinafter the"Planning Commission"),based upon its findings,recommended approval with conditions of the proposed Special Use, and; WHEREAS, at its regular public hearing of August 6, 2013, the Eagle County Board of Commissioners (hereinafter the"Board"),considered the proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other interested persons, and; the recommendation of the Planning Commission, 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, the recommendation of the Planning Commission, and comments from all interested parties, the Board, finds as follows: 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 ECLURs Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit IS appropriate for its proposed location and IS consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, 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 ECLURs, Section 3-310,Review Standards Applicable to Particular Residential, Agricultural and Resource Uses; specifically under Section 3-310.P Zone Standards for Exploration, Extraction, and Processing Operations. 2 (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; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery,parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and WILL NOT cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (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) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in the ECLURs, Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of the ECLURs 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 for the Nolan Residence Accessory Dwelling Unit, located at 2798 Gypsum Creek Road, 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 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. 3 THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, 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 2 £(day of 2013, nunc pro tunc to the 6th day of August, 2013. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: y @ 14-"R BY: ~ ' ' ,. - BY: Teak J. Simonton * Sara J. Fisher, hairman Clerk to the Board of 4P " County Commissioners BY: L, �� J /H. Ryan, Commissioner BY: Kathy Chandler-Henry, Commissioner '24)Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher ' Commissioner Jillian H. Ryan r Commissioner Kathy Chandler-Henry This Resolution passed by ° /0 vote of the Board of County Commissioner of the County of Eagle, State of Colorado 4