HomeMy WebLinkAboutMinutes 08/21/2023 PUBLIC HEARING
August 21, 2023
Present: Kathy Chandler-Henry Chairman
Matt Scherr Commissioner
Jeanne McQueeney Commissioner
Matt Peterson Assistant County Attorney
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Site Visit - Cottonwood Pass
1. Site Visit for ZS-009325-2023, Cottonwood Pass Guest House
Janet Aluise, Community Development
Executive Summary: Site Visit to familiarize with location of pending application ZS-009325-2023, Cottonwood
Pass Guest House
Planning File - Eagle County Room
1. ZS-009325-2023, Cottonwood Pass Guest House
Janet Aluise, Community Development
Executive Summary: Applicant requests a Special Use Permit for an Accessory Dwelling Unit on a
nonconforming Resource(R)zoned property.
File Name: Cottonwood Pass Guest House
File Number:ZS-009325-2023
Applicants: Religious Sisters of Mercy
Owner: Same
Representative: Michael Pukas, mpp design shop, inc.
Location: 1053 Cottonwood Pass Road, Gypsum area(Parcel#2111-183-00-019)
Zoning: Resource(R)
Planner: Janet Aluise, Senior Planner
Engineer: Taylor Ryan,PE, Senior Staff Engineer
Attorney: Matt Peterson,Assistant County Attorney
I. EXECUTIVE SUMMARY: On or about January 30,2023, the Religious Sisters of Mercy(hereinafter the
"Applicant") submitted a Consolidated Special Use Permit Application for an accessory dwelling unit(the
"Application")on parcel#2111-183-00-019,also known as 1053 Cottonwood Pass Road(and hereinafter referred
to as the"Property"). This 1.94 acre Resource(R)zoned Property is considered legal,nonconforming, as it does not
meet the minimum lot size of thirty-five(35)acres. Application materials are included as Attachment 1.
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The Applicant requests a Consolidated Special Use Permit for a 1,791 square foot,two-story accessory dwelling
unit("ADU")consisting of 3 bedrooms, 3 bathrooms,a living-dining area with a full kitchen, laundry room,and a
multi-purpose room on the Page 1 of 18 upper level. An existing 4,468 square foot, 5 bedroom, 5.5 bathroom single
family dwelling("SFD") is located on the Property,which is in conformance with Eagle County Land Use
Regulations(the"ECLUR") Section 6-120.A.1 Nonconforming Lots of Record-Uses By Right. The existing
on-site wastewater treatment system will be removed/replaced with a new system to accommodate the existing
single family house and proposed ADU. There is a 96 square foot accessory structure on the property located west
of the home that does not appear to meet rear setback requirements.
An ADU is allowed in the Resource zone district on nonconforming lots per ECLUR Section 6-120.A.2 -
Additional Uses as a Special Review, subject to specific special review standards as outlined in Sections 5-250.B
and 3-310.A. -Review Standards Applicable to Particular Residential,Agricultural and Resource Uses. These items
are detailed below in the Standards,Analysis and Recommendation of this report below. Pursuant to the standards
set forth in ECLUR Section 5-250 -Special Uses, staff's findings are based on a review of all information presented
by the Applicant, as provided by referral agencies, and research of additional background information. Based on
this review, staff finds the Application meets the standard for a Special Use Permit with conditions as outlined in
Section VI-Standards and Conformance below. Staff recommends that the Eagle County Board of County
Commissioners approve the Application with conditions, as it meets the standards outlined in ECLUR Section
5-250.B.
Michael Pukas, architect and representative for the project,presented. The applicant wished to use the
proposed structure as a guest house which would not be inhabited for full-time use. The design of the building met
all of the planning requirements. He designed the building to be simple and blend with the existing area with a
view facing east.
Janet Aluise,Eagle County Staff Planner,presented a slide presentation. She provided a project summary
and indicated that staff recommended approval with conditions. The application met the standards in ECLUR
Section 5-250.B. The Planning Commission considered the application and recommended approval with conditions.
The 8 (eight)recommended conditions addressed the ADU setback requirements, wastewater, fire protection,
parking,wildlife fencing,wildfire mitigation,and emergency access.
Taylor Ryan,Eagle County Staff Engineer,mentioned the referral from CGS (Colorado Geological Survey
and noted that they had provided a recommendation with regards to the applicant providing a design level
geotechnical study. This item should have been a condition that was not included.
Chairman Chandler-Henry asked if this was something that would be checked at the building permit.
Mr.Ryan stated that this was not typical and would not be considered at the time of building permit. It was
noted that the site had a potential for geologic hazard.
Commissioner Scherr questioned whether the applicant was okay with all the conditions.
Chairman Chandler-Henry asked about the condition related to wildlife fencing and if the entire parcel
needed to be fenced.
Ms. Aluise stated that wildlife fencing would be required if they utilized fencing at all.
Chairman Chandler-Henry believed that clarification of the condition would be helpful. She also asked
about the meaning of"legal lot".
Ms. Aluise stated that the lot was legal and non-conforming because it was created by Cottonwood Pass
Road.
Matt Peterson,Assistant Eagle County Attorney,read proposed condition 9, "the applicant shall conduct an
evaluation of soil, corrosivity,and evaporate related subsidence for the proposed building site prior to building
permit application."
Mr. Ryan believed the study should coincide with design.
Chairman Chandler-Henry noted that it was a condition of the standard 5-250 B.7.
Chairman Chandler-Henry opened and closed public comment, as there was none.
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Commissioner Scherr believed the application met the standards for a special use permit.
Commissioner McQueeney believed the application was straightforward and agreed with staff's findings.
Chairman Chandler-Henry concurred with her colleagues and believed the application met the standards as
presented and she supported the proposed conditions.
Commissioner Scherr moved to approve the Cottonwood Pass Road Guest House Special Use Permit File
no. ZS 009325-2023, incorporating staff's findings and conditions, as the application meets the standards for
1 approval of a Special Use Permit.
Commissioner McQueeney seconded the motion. The vote was declared unanimous.
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There being no further busin. : - .:oard,the meeting w s adjourned until August 22,2023.
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