HomeMy WebLinkAboutR14-060 Van Dyke Accessory Dwelling Unit Special Use Permit -
Commissioner iU4 -40Utk ' moved adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2014 - V((O
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR THE VAN DYKE ACCESSORY DWELLING UNIT
FILE NO. ZS-4681
WHEREAS, on or about January 13, 2014, the County of Eagle, State of Colorado,
accepted for filing an application for a Special Use Permit submitted by Gary Van Dyke
(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 to be located on APN 2105-183-00-001 at 863 West Lake Creek Road in
Edwards, Colorado (the"Subject Property"); 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 West Lake Creek Road, and water
is to be supplied by a private well and onsite wastewater treatment system ("OWTS"); 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 April 16, 2014, the Eagle County Planning
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 May 13, 2014, 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;
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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.
(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.
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(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 Van Dyke Accessory Dwelling Unit,
located at 863 West Lake 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.
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 Zv day of J U1-'
2013, nunc pro tunc to the 13th day of May, 2014.
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COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
COUNTY COMMISSIONERS
ATTEST:
I mo {
By. cbtoitN
•
Teak J. Simonton Jillian H. Ryan, Chairman
Clerk to the Board of
County Commissioners
By:
Sara Fisher Commissio er
By: /f.l[. . 4 .1 I / -/•
Kathy I. ndler-Henry, Commissioner
Commissioner Sla- - seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Jillian H. Ryan 65■/,_c
Commissioner Sara J. Fisher IL.--c-14
Commissioner Kathy Chandler-Henry 14—K "
This Resolution passed by / U vote of the Board of County Commissioner of the
County of Eagle, State of Colorado
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