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HomeMy WebLinkAboutR18-064 SUP J-8 Custom Metal Fabrication Home Business File No. ZS-6506 Eagle County, CO 201814258 Regina O'Brien 08/21/2018 Pgs: 3 05:19:47 PM REC: $0.00 DOC: $0.00 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2018- k RESOLUTION APPROVING SPECIAL USE PERMIT FOR J-8 CUSTOM METAL FABRICATION HOME BUSINESS AND ACCESSORY DWELLING UNIT FILE NO. ZS-6506 WHEREAS, on or about September 15, 2016, the County of Eagle, State of Colorado, accepted for filing an application (Eagle County File No. ZS-6506) submitted by Mike Dumolt (hereinafter the "Applicant") for approval of a Special Use Permit (hereinafter the "Permit") allowing for the operation of a metal fabrication Home Business (hereinafter the `Business")and the use of an Accessory Dwelling Unit (hereinafter the"ADU") existing on certain real property located in the Resource (R) Zone District in the unincorporated area of Eagle County more particularly described as follows: Lot 6 Mosher Subdivision, a 9.6-acre parcel of land situated in portions of Tract Nos. 72 and 73, Section 23, Township 5 South, Range 84 West of the 6th P.M., County of Eagle, • State of Colorado(the "Property"), and; WHEREAS, the Permit authorizes the continued residential and agricultural use of the Property, in addition to the operation of the Business to be conducted entirely within an existing agricultural building and the use and maintenance of an existing 1,780 square foot residence as the ADU;and, WHEREAS, notice of the requested Permit was mailed to all owners of property located within and adjacent to the subject property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission (hereinafter the "Planning Commission") and the Board of County Commissioners of the County of Eagle (hereinafter the "Board") as required by Section 5-210.E, Eagle County Land Use Regulations(hereinafter"ECLURs") —Notice of Public Hearings;and, WHEREAS, at a public hearing held on January 4, 2017, the Planning Commission, based upon its findings, voted to recommend approval of the proposed Permit, with conditions; and, WHEREAS, at a regular meeting on January 24, 2017, the Board considered the proposed Permit and voted 3-1 to approve the Permit, with the conditions listed herein, NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Mid-Valley Area Community Plan, as well as comments of the Eagle County Community Development Department, 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, all standards required for the Special Use Permit have been met. 3. That pursuant to Section(s) 5-250.0 — Variations Authori.:ed, and 5-250.D — Basis for Granting Variations, ECLURs,Variations have not been requested. 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 J-8 Custom Metal Fabrication Home Business and Accessory Dwelling Unit, Eagle County File No. ZS-6506, be and is hereby approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the 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. The conduct of business shall comply with all applicable commercial performance standards outlined in Division 4-5 - Commercial and Industrial Performance Standards, ECLURs. 3. This Special Use Permit shall be valid until such time that the parcel and metal fabrication business is no longer owned by the Applicant or his family. 4. All business related activities shall take place between the hours of 8am-5pm Monday through Friday. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board directs the Planning Department 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. 2 ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, by and through its Chair the Z 1 day of NLV(ll S 1 , 2018, nitric pro tont to the 24thday of January, 2017. COUNTY OF EAGLE, STATE OF i E% COLORADO, By and Through Its =* s BOARD OF OUNTY COMMISSIONERS' \\-0 i ATTEST: - * c ;r� 6 ' // �/ ' -t t L.Aa I) 611—I�-4. 43toa By: � id al./441 . Clerk to the Board of Kathy$handler-He .- County Commissioners Cir L v)'-I u � (�, l "/y J.,'ian H. Ryan missi er Coe uen missioner Cvu. A S(ems--t - lAAe. QV L,tu.--rIt-4.-1 LA v — Commissioner �--'11- seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Vn_ Commissioner Ryan Commissioner McQueeney 4-4,4 ' This resolution passed by / 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3