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; 1 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. 2 (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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 • 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 4