HomeMy WebLinkAboutR21-073 Variance From Improvement Standards Lizzie Lode VIS-10-18-7947 Eagle County, Co 202121427
DocuSign Envelope ID:712B69E0-084B-4B5D-91C9-17D94BC44E8E Regina O'Brien 09/27/2021
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CommissionerChandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021- 073
APPROVAL OF THE VARIANCE FROM IMPROVEMENT STANDARDS FOR LIZZIE LODE
Eagle County File No.VIS-10-18-7947
WHEREAS,on or about October 3,2018,the County of Eagle,State of Colorado,accepted an
application submitted by Rachel Van Sloun ("Applicant") seeking a Variance From Improvement
Standards ("VIS") for Taylor Hill Road for access to the real property and improvements known as
65 Taylor Hill Road, Red Cliff Area, also known as the Lizzie Lode Mining Claim USMS #16234, or
Parcel No.2479-022-00-035,located in the County of Eagle State of Colorado("Property");and
WHEREAS,The Eagle County Land Use Regulations ("ECLUR"), Division 4-6 -Improvement
Standards, establish the minimum design criteria and standards for infrastructure development in
unincorporated Eagle County to protect and promote the public health, safety, and welfare of the
residents and visitors of Eagle County;and
WHEREAS, ECLUR Section 4-620 - Roadway Standards requires the access road serving
developments of more than three residences to meet Eagle County Road Standards;and
WHEREAS,Applicant desires to obtain development permits to make improvements on the
Property which is accessed by way of Taylor Hill Road which currently does not meet the ECLUR
Division 4-6-Improvement Standards;and
WHEREAS, under ECLUR Section 5-260.G - Variance from Improvement Standards,
Applicant proposed and requested approval of a VIS by the Eagle County Board of County
Commissioners (the "Board") from ECLUR improvement standards relating to roadway and
driveway standards,specifically,those relating to dual access,emergency vehicle turnaround areas,
intersections of roadways, and geometric standards for a Type VI Rural Minor Collector road set
forth in the ECLUR Section 4-620 - Roadway Standards, as detailed in the application materials
("Application")and the Staff Report submitted to the Board;and
WHEREAS, in accordance with the ECLURs, Section 5-210.E - Notice of Public Hearings,
notice of the proposed VIS was posted on the Property;mailed to all owners of property adjacent to
the Property concerning the subject matter of the application; and pursuant to the ECLUR,was duly
published in a newspaper of general circulation throughout the County concerning the subject
matter of the application and setting forth the date and time of meeting for consideration of the
application by the Board and;
WHEREAS, the Board conducted a site visit on June 16, 2021 in order to view the existing
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access road,surrounding topography,and adjacent parcels;and
WHEREAS, at its public hearing held on July 13, 2021, following a tabling from a public
hearing held on May 4, 2021, the Board considered the VIS Application, the Engineering Staff
Report, heard presentation from the Eagle County Engineering and Community Development
Department staff, the statements and concerns of the Applicant, and received comments from the
public;and queried staff and the Applicant concerning the Application;and
WHEREAS, at the conclusion of the hearing pn July 13, 2021, it was moved, seconded and
unanimously voted by the Board to approve the VIS with six (6) conditions, concluding, after
hearing and seeing the evidence presented in these proceedings concerning variances from the
ECLUR Section 4-620 - Roadway Standards, that the hardship to the Applicant from denial of the
variances outweighed the adverse impact on the health,safety,and welfare of persons affected and
the adverse impact on the land affected.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County
of Eagle,State of Colorado:
THAT, based on the evidence, testimony, exhibits, and study of the ECLUR and
Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of Eagle
County Engineering, the Eagle County Community Development Department, comments of public
officials and agencies,and comments from all interested parties,the Board finds as follows:
THAT, proper public notice was provided as required by law for the hearing before the
Board;and
THAT, the the Board finds that the Application complies with the requirements and
standards set forth in ECLUR, Section 5-260.G - Variance from Improvement Standards, and further
finds that the hardship to the Applicant of not granting the requested variances to ECLUR Section 4-
620 - Roadway Standards, outweighs the adverse impact on the health, safety, and welfare of
persons affected,and the adverse impact on the lands affected;and
THAT,the above-described Application for the VIS be and is hereby APPROVED as to each
variance relating to dual access, emergency vehicle turnaround areas, intersections of roadways,
and geometric standards for a Type VI Rural Minor Collector road set forth in the ECLUR Section 4-
620 - Roadway Standards, subject to the following conditions, and that violation of any condition
shall be the basis for an enforcement action pursuant to the ECLUR:
1. All material representations made by the Applicant in this,application and in public
meetings shall be adhered to and considered conditions of approval.
2. Applicant shall submit plans for an on-site fire suppression water cistern on the Property at
the time of building permit application in accordance with ECLUR requirements and the
recommendation of the local fire authority and shall complete construction of such cistern
prior to the issuance of a Temporary Certificate of Occupancy (TCO) or Certificate of
Occupancy(CO).Applicant shall also demonstrate adequate water for use with the cistern in
accordance with the recommendations of the local fire authority.
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A .
3. Applicant shall construct or demonstrate the existence of ari iergency vehicle turnaround
with adequate snow storage in proximity to the new residence on the Property at the time
of building permit application.The turnaround must provide for the ingress/egress of Eagle
River Fire Protection District and Eagle County Health Service District response vehicles. If
the turnaround is not on the Property,Applicant must provide the County with an easement
granting such access/use. Additionally, Applicant shall ensure snow plowing is provided
from the commonly plowed access route to the Property and includes the turnaround on
the Property.
4 Applicant must demonstrate legal access to the Property prior to approval of any building
permits for the Property.
5. Applicant shall provide a public access easement for Taylor Hill Road of a minimum of 25
feet in width for the segment of Taylor Hill Road traversing the Property prior to issuance of
any building permits for the Property.
6. Applicant shall widen the road surface to a 2-lane road surface (18'in total width including
shoulders) for approximately 200' in length with appropriate cross slopes, adjacent
drainage ditch, and cross drainage culverts (where applicable) for the segment of Taylor
Hill Road located on the Property,or alternatively,along access to the Property,if approved
by Eagle County Engineering as being a comparable/high value improvement. This road
segment improvement shall be completed prior to TCO or CO of any building permits for the
Property.
THAT,the Board directs the Engineering Department to provide a copy of this Resolution to
Applicant;and
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,on this 21 day of September,2021,nunc pro tunc to the 13th day of July,
2021.
COUNTY OF EAGLE,STATE OF
COLORADO,By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
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Commissioner seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
Commissioner Scherr 'ye
This resolution passed by 3/0 vote of the Board of County Commissioners of the County
of Eagle,State of Colorado
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