HomeMy WebLinkAbout2022-001 23 Peachblow Road No. ZV-009197-2021 )ocuSign Envelope ID:F8554988-A535-4456-A1A2-7D82DA28ED4E Eagle County, CO 20Z217300 Regina O'Brien 11/03/2022 Pgs: 4 09:43:51 AM REC: $0.00 DOC: $0.00 Member Warner moved adoption of the following Resolution: ZONING BOARD OF ADJUSTMENT COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2022-01 RESOLUTION APPROVING A VARIANCE TO THE ZONE DISTRICT DIMENSIONAL LIMITATIONS PUSRUANT TO SECTION 3-340 OF THE EAGLE COUNTY LAND USE REGULATIONS FOR 23 PEACHBLOW ROAD Eagle County File No.ZV 009197-2021 WHEREAS,on or about November 11,2021,the County of Eagle,State of Colorado,accepted for filing an application submitted by the Mabel Living Trust (the "Applicant") seeking a Variance (the "Variance") for the real property and improvements known as 23 Peachblow Road,Basalt Area, located in the County of Eagle,State of Colorado,parcel number 2469-082-02-007 (the"Property") and; WHEREAS, the Applicant requested approval of a Variance from the 75 foot stream setback, measured horizontally from the high water mark on the Frying Pan River, to allow compliance for the existing residential structure and also allow for an addition to that structure within the stream setback,and; WHEREAS, in accordance with the Eagle County Land Use Regulations ("ECLUR"), 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 the meeting for consideration of the Variance by the Eagle County Zoning Board of Adjustment(the"ZBA")and; WHEREAS, at its public hearing held on August 10, 2022 the ZBA considered the proposed Variance, associated plans, the statements and concerns of the Applicant,the Eagle County Planning Division, and other interested persons and unanimously approved the proposed Variance with conditions,as those conditions were agreed to by the Applicant,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 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: iocuaign tnverope w:r0004aaa-r+Dao-44a0-H1te-fUOCUAtatuat a. 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 Property is subject to the stream setback regulations per ECLUR Section 3-340.C.6. - Stream Setbacks and Water Resource Protection which were implemented after the existing residential structure was constructed. Additionally, the Property has an existing OWTS and well which restrict the amount of buildable space. The encumbrance of the stream setback on the existing residential structure and the pre-existing location of the OWTS and well are extraordinary or exceptional conditions of the Property which constrain the Property and any potential addition on the residential structure more than is functionally necessary. Thus, the third criteria outlined in Standard 5-260.F.2.a.(3). - Other extraordinary and exceptional situation or condition of the property is established through the Application. Therefore, the Variance meets this standard. b. Not a Result of the Actions of Applicant. Pursuant to Section 5-260.F.2.b, the stream setback regulations encumbering the Property were adopted after the residential structure was built. Further restrictions encumbering buildable area on the Property include the Midland Right-of-Way and applicable front yard setback, existing On-site Wastewater Treatment Systems, and existing utilities. These exceptional circumstances are not the result of actions of the Applicant,therefore,the Variance meets this standard. c. Strict Application Consequences. Pursuant to Section 5-260.F.2.c, strict enforcement of the ECLUR as applied in this specific scenario creates an unnecessary situation by overbroadly constraining the Property. While the Property is capable of reasonable development, as defined by the ECLUR, without approval of the Application, strict enforcement of ECLUR Section 3-340.C.6 - Stream Setbacks and Water Resource Protection would require the Applicant to modify the placement of the current residential structure and prevent an appropriate addition to that structure and is an undue hardship to the Applicant. The ZBA further finds that this standard is met through the implementation of Condition 1, which limits development to the existing structure and limited additions as depicted in the Application. Preservation of the spirit and intent of the regulation does not depend on denial of the Variance,therefore,the Variance meets this standard. d. Variance is Necessary for Relief. Pursuant to Section 5-260.F.2.d, enforcement of the stream setback means that the existing residential structure is non-conforming to zone district standards. Additional constraints on the Property preclude an appropriate addition to the residential structure and require additional relief from the stream setback regulation. This circumstance constitutes an unnecessary restriction of the Property and results in a peculiar and exceptional practical difficulty to the Owner. Therefore,the Variance meets this standard. e. Not Detrimental to the Public Good. Pursuant to Section 5-260.F.2.e,there is no evidence that the current residential structure or proposed addition in the required stream setback would be detrimental to the public good as the area is already disturbed, and approval is 2 limited to improvements and additions as represented in the Application as set forth in Condition 1. The Applicant also proposed a vegetation management plan that protects any further resources that could be damaged through this Variance and approval of the Application has been conditioned upon implementation of this vegetation management plan.Therefore,the Variance meets this standard. f. Variance Will Not Impair the Zoning Plan and Resolutions. Pursuant to Section 5-260.F.2.f, the Variance will not impair the purpose of the Rural Residential zone district, Floodplain Overlay Zone District, or Stream Setback. The purpose of the Resource zone district is to serve as a transition area between dense and more open rural areas of Eagle County. The Stream Setback purpose is to protect water resources. In this case,the area is already disturbed,and the proposed remodel and addition as limited by Condition 1 ensure that density established by the Rural Residential zone district remains intact.Furthermore, the Applicant has presented a vegetation enhancement plan as part of its Application that assists with enhancing the rural character of the Property and protecting water resources within the Stream Setback, which is set forth in Condition 2.Therefore, the Variance meets this standard. NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of Adjustment of the County of Eagle,State of Colorado: THAT the application for a Variance 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 Variance shall apply to the existing home and proposed additions as depicted in the application and shall not extend to any other portion of the Property. 2. The vegetation enhancement plan for the riparian corridor in the vicinity of the house as described in the application materials shall be submitted with a building permit application for any addition on the property. 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. [Rest of page left intentionally blank] 3 MOVED, READ AND ADOPTED by the Zoning Board of Adjustment of the County of Eagle, State of Colorado,on this 2nd day of November,2022 nunc pro tunc August 10,2022. COUNTY OF EAGLE,STATE OF COLORADO, By and Through Its ZONING BOARD OF ADJUSTMENT ATTEST: e—DocuSigned by: DocuSlpnod by:Vi By: lilt. Mir, `Bill4eitYROPFD. Diane i rFA38£411 Secretary to the Board Zoning Board of Adjustment Chair Member Bergman seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Board Member Bergman Board Member Marquez Aye Board Member Milligan Bag Board Member Warner Aag Board Member Rawley Ayg 4