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HomeMy WebLinkAboutR14-049 Cedar Drive Maintenance and Fire Mitigation Association Variances from Improvement Standards Commissioner moved adoption of the following Resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014 - v t FILE NO. VIS-4422 VARIANCE FROM IMPROVEMENT STANDARDS WHEREAS, the Cedar Drive Maintenance and Fire Mitigation Association, a Colorado non-profit corporation ("Applicant") represents twenty-eight (28) parcels located along Cedar Drive, northeast of the Town of Basalt, in unincorporated Eagle County, as identified on attached Exhibit A; and WHEREAS, The Eagle County Land Use Regulations ("LUR") require access serving developments of more than three residences to meet Eagle County Road Standards; and WHEREAS, residences have been constructed on twenty (20) of the twenty-eight (28) parcels identified on Exhibit A; and WHEREAS, the Applicant seeks approval by the Eagle County Board of County Commissioners (the "Board") for variances from three LUR improvement standards relating to the safety of roads, specifically, those relating to Dual Access, Emergency Vehicle Turnaround Areas, and Road Design Standards, as detailed in the application (the "Application") and the Staff Report submitted to the Board; and WHEREAS, at a public hearings on the Application before the Board on May 13, 2014, and May 27, 2014, the Board heard the presentations from the Eagle County Engineering Department, Eagle County Wildfire Mitigation Specialist and the Applicant; examined the Engineering Staff Report; viewed the Power Point presentation of maps and photographs; received written comments of representatives of Basalt and Rural Fire Protection District; and queried staff and the Applicant concerning the Application; and WHEREAS, at the conclusion of the hearing on May 27, 2014, it was moved, seconded and unanimously voted by the Board to approve each of the three variances, concluding, after hearing and seeing the evidence presented in these proceedings concerning variances from the -LUR improvement standards relating to the safety of roads, that the hardship to the Applicant from denial of the variances outweighs the adverse impact on the health, safety, and welfare of persons affected and the adverse impact on the land affected. The Board instructed staff to prepare a Resolution formally approving the Application, including the findings of the Board based on the above-described record evidence concerning hardship to the Applicant and the safety of the public, for consideration at a meeting of the Board. II, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS FINDS, based on the above-described record evidence and applying the criteria for evaluating requests for variances from improvement standards set out in applicable LUR, that the hardship to the Applicant from denying the three variances outweighs the adverse impact on the health, safety and welfare of persons affected and the adverse impact of the land affected if the variances are granted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the above-described Application for variances from three LUR improvement standards relating to the safety of roads, specifically, those relating to Dual Access, Emergency Vehicle Turnaround Areas, and Road Design Standards be and hereby is approved as to each and every variance therein requested, with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. Approval of this Application applies only to the twenty-eight (28) parcels specified in the Applicant's application for variance dated July 25, 2013 (the "Parcels"). Any division of the Parcels will require submission and approval of a new application for Variance from Improvement Standards before any building permits will be issued for newly created parcels. 3. Four parcels that are accessed exclusively off of east Lower Cedar Drive (east of the fork of the Lower and Upper Cedar Drive) as identified in the attached Exhibit B are not a part of this variance Application, and owners of such parcels must either submit a new application for Variance from Improvement Standards or demonstrate to the satisfaction of the County Engineer that the parcels can be accessed off of Upper Cedar Drive. 4. The Secondary Emergency Access and Safety Zone Creation items detailed in the Upper Cedar Drive 2014 Wildfire Mitigation Plan shall be constructed to the satisfaction of the County Wildfire Mitigation Officer prior to the issuance of any building permits for construction of new structures, additions or accessory dwelling units (hereinafter "Building Permits for New Structures or Additions") for any of the Parcels located on Upper Cedar Drive. Other items listed in the Plan shall be actively planned for and constructed in the future as resources allow. 5. The Cedar Drive Maintenance and Fire Mitigation Association shall review and update the 2014 Wildfire Mitigation Plan with the County's Wildfire Mitigation Officer and the Basalt and Rural Fire Protection District as needed. All parties should meet at least annually. 6. The Applicant shall coordinate with the Town of Basalt's Public Works Department regarding the development of a construction management plan to 2 limit construction impacts on the Town's roads and services resulting from construction of the Applicant's Proposed Improvements on Upper Cedar Drive. The Applicant shall submit to the County with the grading permit application referenced in condition #7 below a letter from the Town confirming the Town's approval of this plan. 7. "Access" is a review standard for Buildings Permits for New Structures or Additions because of the traffic generation from these types of activities. Work shown in the Applicant's Proposed Improvements for Upper Cedar Drive may commence upon approval of this variance Application. However, before any Building Permits for New Structures or Additions will be issued for any Parcel, the following conditions must be satisfied: a) The proposed improvements for Lower Cedar Drive that are being constructed by the County under the CDOT Hazard Elimination System Grant must be completed. b) The Applicant shall acquire a grading permit from Eagle County for the work shown in the Applicant's Proposed Improvements for Upper Cedar Drive. Plans submitted for the grading permit shall be designed by a professional engineer. c) Upon completion of the Applicant's Proposed Improvements for Upper Cedar Drive, the engineer of record shall submit to the County a certification letter and as-built plans of said Improvements. However, if an owner of a Parcel on Upper Cedar Drive submits an application for a Building Permit for New Structures or Additions prior to the completion of the Applicant's Proposed Improvements for Upper Cedar Drive, the engineer of record shall submit to the County a certification letter confirming road improvements have been completed up to the Parcel seeking such building permit, and as-built plans. After receipt of said letter and plans, the County may issue a building permit for New Construction or Addition for the applicable parcel provided that condition #4 herein have also been met. 8. The Applicant and/or members of the Applicant shall be solely responsible for any cost sharing arrangements for the construction of the Applicant's Proposed Improvements for Upper Cedar Drive. 9. All new structures on Upper Cedar Drive shall be protected with an approved automatic sprinkler system appropriately designed for the hazard, (IFC Sections 503.1.1 exceptions 1 and 2, 102.5 and 901.4.3.). Existing structures on Upper Cedar Drive without sprinklers that have a Certificate of Occupancy may continue as nonconforming uses until such time as an extensive remodel and/or change of use triggers evaluation of a retrofit application. 3 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 I1 day of u L-i k , 2014, nunc pro tunc to the 27th day of May, 2014. COUNTY OF EAGLE, STATE OF o c% COLORADO, By and Throu' Its t "i , BOARD OF CO Ty CO MY SI'NERS ATTES w -411111■7 _ eto By: Ale Clerk to the Board o l Jilly H. Ryan County Commissioners C,Airman Sara J. Fisher Co issio 144 I,. WJ T t Kathy C 'dler-Henry Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan Commissioner Fisher V-I—t Commissioner Chandler-Henry This resolution passed by 16 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4 EXHIBIT A Parcels in the Cedar Drive Maintenance and Fire Mitigation Association Parcel Number Account Owner Name 2467-042-00-007 R056876 Ann G. Worth Revocable Trust 2467-082-07-001 R044602 Bair,Virginia G. &Lowell 2467-043-00-005 R026808 Berry, Eric H. &Sara 2467-082-00-002 R026665 Berumen,Mickey&Gloria-Southwell,Terry,Donna,Carolyn&C. 2467-043-00-008 R027007 Bmc Land LLC 2467-043-00-004 R027536 Bouchard,Jana Sue 2467-044-00-011 R031206 Bryan,Michelle A. -Kohout,Jason J. 2467-054-00-005 R028191 Devan,Margaret T. -Etal 2467-042-00-004 R054933 Ernemann,Michael Jon 2467-044-00-012 R026421 Even,Timothy L. 2467-041-00-014 R006627 Friday,Jeff-Hassol, Susan J. 2467-041-00-013 R006626 Friday,Jeff-Hassol, Susan Joy 2467-043-03-001 R047948 Hunter,James B.,Jr 2467-082-00-001 R027500 Hyrup Properties LLLP 2467-054-00-007 R028205 Jacobson,Peter B. 2467-054-00-002 R027551 Janssen,Robert A. &Virginia P. 2467-044-00-009 R031205 Jones,Deborah M. -Katzenberger,John 2467-042-00-003 R054542 Leah Beckwith Revocable Trust,Leah Beckwith Trustee 2467-054-00-008 R064788 Lightfoot,Janet Ann 2467-043-02-001 R046581 Maidr, Colleen Patricia-Colleen Maider Conservator Of A. J. &C.M. Juckett 2467-043-00-007 R026635 Osentowski,Jerome 2467-054-00-003 R026915 Redmount,Debra Gail-Kelly, Sean Patrick 2467-042-00-005 R054934 Richard Travis Behrens&Debra Diane Behrens Revocable Living Trust 2467-044-00-010 R032535 Robert H. Myers Revocable Trust 2467-042-00-008 R056877 Ryll,Andreas-Gottesman,Lisa 2467-054-00-004 R028192 Stehling,Michael-Stone,Angela Ray 2467-043-00-003 R027535 Stone,Franz T. 2467-082-08-001 R044953 Woodward, Sandra EXHIBIT B Parcels Accessed off of east Lower Cedar Drive Parcel Number Account Owner Name 2467-043-00-005 R026808 Berry,Eric H. & Sara 2467-043-00-008 R027007 Bmc Land LLC 2467-043-03-001 R047948 Hunter,James B.,Jr 2467-043-00-007 R026635 Osentowski, Jerome