HomeMy WebLinkAbout2020-001 Sheep Creek File No. ZV-009072-2019 ZONING BOARD OF ADJUSTMENT
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2020- OI
RESOLUTION APPROVING A VARIANCE TO THE ZONE DISTRICT DIMENSIONAL LIMITATIONS
PUSRUANT TO SECTION 3-340 OF THE EAGLE COUNTY LAND USE REGULATIONS FOR
1700 W SHEEP CREEK
Eagle County File No.ZV-009072-2019
WHEREAS, on or about October 8,2019,the County of Eagle,State of Colorado,accepted for
filing an application submitted by Biscayne Trust(the"Applicant") seeking a Variance Permit (the
"Variance") for the real property and improvements known as 1700 W Sheep Creek,Gypsum Area,
located in the County of Eagle State of Colorado (the"Property")and;
WHEREAS,the parcel number for this property is 1863-133-00-001,and;
WHEREAS, the Applicant proposed and received approval of a Finding of No Significant
Impact (the "FONSI"), file number FNZ-9071-2019, to reduce the stream setback from 75 feet to 50
feet for certain sections of the Property on February 28,2020,and;
WHEREAS the Applicant proposed and requested approval of a Variance to the 50 foot
stream setback allowing for a portion of an existing cabin constructed in 1987 to come into
conformance with the dimensional limitations for the Property, allowing the cabin to be eligible for
building permits,and;
WHEREAS, in accordance with the ECLURs, Section 5-210.E - Notice of Public Hearings,
notice of the proposed Variance was mailed to all owners of property adjacent to the proposed
Variance 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 meetings
for consideration of the applications by the Eagle County Zoning Board.of Adjustment (the"ZBA")
and;
WHEREAS,at its public hearings held on July 8,2020 and July 15,2020,the ZBA considered
the proposed Variance, associated plans, the statements and concerns of the Applicant, the Eagle
County Planning Division, Engineering staff, other interested persons and unanimously approved
the proposed Variance with conditions,and;
WHEREAS, at the public hearing held on July 15, 2020,the ZBA struck the proposed third
condition of approval due to the condition being satisfied prior to the final determination by the
ZBA,and;
WHEREAS, based on the evidence,testimony,exhibits,and study of the Comprehensive Plan
for the unincorporated areas of Eagle County,as well as comments of the Eagle County Community
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Development Department,and comments from all interested parties,the ZBA finds as follows:
THAT, the application for a Variance for the Property complies with the standards in ECLUR
Section 5-260.F.2. -Standards for a Variance from provisions of Article 3 Zone Districts of these Land
Use Regulations,as set forth below:
1. Special Circumstances Exist. Pursuant to Section 5-260.F.2.a.,the Property must be found
to have an extraordinary or exceptional situation or condition. The Applicant,
Representatives,and County staff were unable to prove or disprove that the location of the
existing cabin was previously permitted through a building permit or previous land use
application,making it an illegal structure and preventing all future maintenance and repairs.
This creates a unique and exceptional practical difficulty to the Applicant. The ZBA finds
that the unique and exceptional practical difficulty caused by an inability to prove or
disprove the location of the cabin was previously approved,as well as the cabin existing in
the current location for 33 years,met the third criteria outlined in Standard 5-260.F.2.a.(3).-
Other extraordinary and exceptional situation or condition of the property. As a result,the
Variance,as proposed with Conditions 1 through 4,meets this standard.
2. Not a Result of the Actions of Applicant. Pursuant to Section 5-260.F,2.b., the existing
cabin was built in 1987 and the Applicant purchased the Property with the cabin in 2018
as verified by the warranty deed recorded at reception number 201812100. Thus the
conditions are not a result of actions of the Applicant and the proposed Variance meets this
standard.
3. Strict Application Consequences. Pursuant to Section 5-260.F.2.c„ the application of the
stream setback requirement prevents the Applicant from pursuing any renovations or
repairs to the existing cabin. Staff recognizes the cabin has existed in this location for 33
years,and that the Applicant purchased the Property in 2018 in good faith that the structure
met building and zoning requirements.Applying dimensional limitations without a Variance
would require the Applicant move the cabin approximately 19 feet to comply with
regulations. A variance to the stream setbacks was necessary to prevent the Applicant from
impractical consequences.As a result,the Variance meets this standard.
4. Variance is Necessary for Relief. Pursuant to Section 5-260.F.2.d., the Variance for the
Property will provide relief from the consequences of a strict application of the zoning
regulations.As addressed in analysis of previous standards,the exceptional circumstance of
the cabin's location poses hardship for the Applicant; a Variance is necessary to relieve the
owner of this hardship.Therefore,the proposed Variance meets this standard.
5. Not Detrimental to the Public Good. Pursuant to Section 5-260.F.2.e.,the Environmental
Impact Report submitted with the application does not anticipate negative impacts from
allowing the existing cabin to remain in the location it has occupied since 1987.Further,the
proposed vegetation enhancement plan mitigates any potential negative effects.As a result,
the proposed Variance,as approved with condition 5,meets this standard.
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6. Variance Will Not Impair the Zoning Plan and Resolutions. Pursuant to Section
5-260.F.2.f., the Variance, as approved with Condition 6, will not impair the Eagle County
Comprehensive Plan or the Floodplain Overlay District and therefore meets this standard.
This parcel is zoned Resource (R). The Comprehensive Plan states that properties in this
zone district should be limited to low density single family lots at least 35 acres in size.The
Variance does not change the density or the land use of the Property, thus it is consistent
with the Comprehensive Plan. Further, the cabin is not within the limits of the Floodplain
Overlay Zone District. Thus, the Variance for the cabin is in conformance with this zone
district. However, portions of the existing deck are within the Floodplain Overlay Zone
District and shall be retroactively permitted per Condition 6.
NOW,THEREFORE, BE IT RESOLVED by the Zoning Board of Adjustment of the County of
Eagle,State of Colorado:
THAT this application for aVariance is hereby approved,subject to the following conditions,
and that violation of any condition shall be the basis for an enforcement action pursuant to the
ECLURs:
1. The Owner shall be required to retroactively permit the cabin on the Property through
a residential building permit application and any other relevant peripheral permits as
determined by the Eagle County Building OfficiaL Upon issuance of a certificate of
occupancy ("CO')for all building permits, the cabin will be classified as a legal,
non-conforming structure. No further building permits will be issued for the cabin
unless the building permit application fully complies with Eagle County Land Use
Regulation Article 6-Nonconformities.
2. The cabin on the Property shall be reclassified as a non-conforming structure and must
comply with Article 6, Nonconformities, excepting the footprint may be expanded to
the extent represented on Sheet A101 of the plan set provided by KH Webb Architects
and dated February 11,2019 to accommodate a bathroom and mechanical room. The
Variance does not extend to any other portion of the Property.
3. Sheep Creek Road and the driveway to the cabin must be improved to comply with the
applicable road and driveway standards and the creek crossing retrofit to comply with
ECLUR section 4-620.K Plans for these improvements must be submitted to the
Engineering Department for review and approval as part of the building permit
application to legalize the cabin. If the property owner is unable to bring the access
into full compliance with standards, an administrative variance from improvement
standards may be required in lieu of or in addition to, improvements. This
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administrative variance must be executed prior to building permit approval of the
cabin.
4. A vegetation enhancement plan for the riparian corridor in the vicinity of the cabin
shall be submitted with the building permit application to legalize the cabin and
completed prior to CO.
5. The existing deck on the cabin must be retroactively approved under a floodplain
development permit. The deck will only be permitted upon review of a floodplain
development permit application confirming that deck conforms to all Floodplain
Overlay Zone District standards in Article 3 Section 3-250 of the Land Use Regulations.
If the deck does not conform to standards and is unable to be retrofitted and approved,
the structure must be removed within 30 days of written notification of
non-compliance from the County.
6. 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, the ZBA directs the Department of Community Development to provide a copy of this
Resolution to the Applicant.
THAT, the ZBA 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 Zoning Board of Adjustment of the County of Eagle,
State of Colorado,on this day of September 2,2020 nunc pro tunc July 15,2020.
COUNTY OF EAGLE,STATE OF
COLORADO,By and Through Its
ZONING BOARD OF ADJUSTMENT
ATTEST:
4.1 r. ' By: -
Secreta to the Bo.r• Diane Millig.
Zoning Board of Adjustment air
Douglas Amberg
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M
ark S.Bergman
Member
4 J
ris uergens
Member
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Robert War
Member
Member wiener seconded adoption of the foregoing resolution. The roll having been called,the
vote was as follows:
Board Member Amberg
Board Member Bergman
Board Member Juergens tom}+?
Board Member Milligan C
Board Member Warner
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