HomeMy WebLinkAboutR05-087 Denial of Special Use Permit for Mountain Meadow Ranch File No. ZS-00130 (Kim)
Commissioner moved adoption
of the folio ng Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO, 2005 - c:s 7-
DENIAL OF A SPECIAL USE PERMIT
FOR A HOME BUSINESS ON
MOUNTAIN MEADOW RANCH FILING 2 LOT 34
File Nos, ZS-00130
WHEREAS, Alexander N. Kim ("Applicant") did file an application with the Eagle
County Department of Community Development on or about February 28, 2005, for a Special
Use Permit for home business on Mountain Meadow Ranch Filing 2 Lot 34 in the Agricultural
Residential zone district; and
WHEREAS, Applicant proposed to operate a catering operation as a home business in
the Agricultural Residential (AR) zone district. The Applicant intends to build a two-story
structure with a 5,000 sq. ft. footprint. The ground level would consist primarily of agricultural
uses plus a commercial kitchen approximately 850 sq. ft. in size. The second level would include
a 2,500 sq. ft. dwelling. The Applicant's intent, as part of this Special Use Permit, is to
eventually build a separate primary dwelling within the existing building envelope. At that time,
the dwelling in the initial structure would be reduced to no greater 1,000 sq. ft. to conform to the
maximum floor area allowed in the AR zone district for an accessory dwelling unit (ADU).
WHEREAS, notice of the Special Use Permit application was given to all proper
agencies and departments as required by the Eagle County Land Use Regulations, Section 5-
210.E; and,
WHEREAS, at its public hearing held on June 16,2005, the Roaring Fork Valley
Regional Planning Commission, based upon its findings, recommended approval of the Special
Use Permit, with certain conditions; and
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WHEREAS, a public hearing was held by the Board of County Commissioners of the
County of Eagle, State of Colorado, on June 28 and July 5,2005; and
WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony,
exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments
of the Eagle County Department of Community Development, comments of public officials and
agencies, the recommendation of the Roaring Fork Valley Regional Planning Commission, and
comments from all interested parties, the Board of County Commissioners of the County of
Eagle, State of Colorado ("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. The Board has considered Eagle County Land Use Regulations, Section 5-250.B.,
Standards for the review of a Special Use Permit, and finds as follows:
1. Consistent with Master Plan, The proposed Special Use is not
appropriate for its proposed location and is not consistent with the
purposes, goals, objectives and policies ofthe Master Plan and the FLUM
of the Master Plan, including standards for building and structural
intensities and densities, and intensities of use.
2. Compatibility, The proposed Special Use is not appropriate for its
proposed location and is not compatible with the character of surrounding
land uses.
3. Zone District Standards, The proposed Special Use does not meet the
standards of the zone district in which it is located, and does not meet the
standards applicable to the particular use, as identified in Section 3-310,
Review Standards Applicable to Particular Residential. Agricultural and
Resource Uses.
4. Design Minimizes Adverse Impact, The design of the proposed Special
Use does not minimize adverse impacts, including visual impact of the
proposed use on adjacent lands; furthermore, the proposed Special Use
does not avoid significant adverse impact on surrounding lands regarding
trash, traffic, service delivery, parking and loading, odors, noise, glare, and
vibration, and not create a nuisance.
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5. Design Minimizes Environmental Impact. The proposed Special Use
does minimize environmental impacts and does not cause significant
deterioration of water and air resources, wildlife habitat, scenic resources,
and other natural resources.
6. Impact on Public Facilities, The proposed Special Use is adequately
served by public facilities and services, including roads, pedestrian paths,
potable water, parks, schools, police and fire protection, and emergency
medical services.
7. Site Development Standards, The proposed Special Use does comply with
the appropriate standards in Article 4, Site Development Standards.
8. Other Provisions, The proposed Special Use does comply with all
standards imposed on it by all other applicable provisions of these Land
Use Regulations for use, layout, and general development characteristics.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application of Alexander N. Kim, Pile No. ZS-00130, for a Special Use
Permit for a home business on Mountain Meadow Ranch Piling 2 Lot 34 in the Agricultural
Residential zone district as described herein, be and is hereby DENIED.
THAT, the Board of County Commissioners directs the Department of Community
Development 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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of ~ _ ,
2005, nunc pro tunc to the 5th day of July 2005.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
ATTEST:
Clerk to the Board of
County Commissioners
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Tom C. Stone, Commissioner
Commissioner seconded adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Am M. Menconi ~
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
This Resolution passed by ~ (~
vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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