HomeMy WebLinkAboutR15-022 Emma Road Accessory Dwelling Unit Special Use Permit Approval Eagle County, Co 201506093
Teak J Simonton 04/10/2015
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Commissioner C oved adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2015 -
RESOLUTION FOR THE APPROVAL OF THE SPECIAL USE PERMIT
FOR THE EMMA ROAD ACCESORY DWELLING UNIT
FILE NO. ZS-5016
WHEREAS, on or about June 30, 2014, the County of Eagle, State of Colorado,
accepted for filing an application for a Special Use Permit submitted by Gaylord Reality
(hereinafter"Applicant")for the purpose of creating one (1)400 square foot Accessory Dwelling
Unit (the "ADU") in an existing single-family structure in the Resource ("R") Zone District
located on the real property known as 529 Emma Road (APN 2467-073-00-015); 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 Emma Road, water is supplied by
a private well 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 October 2, 2014, the Raring Fork Valley
Regional 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 December 9, 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;
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
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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 Emma Road Accessory Dwelling Unit,
located at 529 Emma 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.
2. Applicant shall obtain from the Eagle County Building Department any and all
permits (plumbing, electrical and mechanical) required to legalize the ADU.
3. Applicant shall provide Eagle County with a FEMA accepted Letter of Map
Amendment (LOMA) and a Certified Elevation Certificate.
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.
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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 Co missionerss•• r the,
County of Eagle, State of Colorado, at its regular meeting held the day of //ter ,
2014, nunc pro tunc to the 9th day of December, 2014.
COUNTY OF EAGLE, STATE OF
o''` �� COLORADO, By and Through Its
4` ='; , J%BOARD OF COUNTY COM ISSIO►;ERS
AT ": R if ' /
��' • /1_I�c_._•: ° BY: f t // <</ A.I i ,i
Clerk to the Board of Kathy 1 andler-Henry
1
County Commissioners Chairman
0 _
nne McQueen
Commissioner
Z A/4.
Jil ..n H. Ryan
ommissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the v to was as follows:
Commissioner Chandler-Henry r/
Commissioner McQueeney de, 1
Commissioner Ryan l�
T /
This resolution passed by D/6 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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