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Home My WebLink AboutR03-020 Approval of Special Use Permit for ADU on Lot 10 New York Mountain Project ZS-00102_. ~: ~_, Commissioner ~~ fLQ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - ®~l APPROVAL OF SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT ON LOT 10.1, NEW YORK MOUNTAIN PROJECT File Nos. ZS-00102 WHEREAS, Robert S. Levine ("Applicant") did file an application with the Eagle County Department of Community Development on or about 26 July 2002 for a Special Use Permit for an accessory dwelling unit on anon-conforming lot in the Resource Limited Zone District, in the unincorporated.azea of Eagle County described on the attached Exhibit °A"; and WHEREAS, the Applicant proposes to convert a portion of an existing accessory building into an accessory dwelling unit; and 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 8 January 2003, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 21 January 2003; and IN~,~IINW~NN~VI~N~NNWIW 8234°G`~ u Commissioner ~~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - ~~ APPROVAL OF SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING UNIT ON LOT 10.1, NEW YORK MOUNTAIN PROJECT File Nos. ZS-00102 WHEREAS, Robert S. Levine ("Applicant") did file an application with the Eagle County Department of Community Development on or about 26 July 2002 for a Special Use Permit for an accessory dwelling unit on anon-conforming lot in the Resource Limited Zone District, in the unincorporated area of Eagle County described on the attached Exhibit "A"; and WHEREAS, the Applicant proposes to convert a portion of an existing accessory building into an accessory dwelling unit; and 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 8 January 2003, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 21 January 2003; 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 Eagle County Planning Commission, and comments from all interested parties, and with the modifications imposed by the conditions hereinafter described, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board") finds as follows: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Boazd. 2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B., Standards for the review of a Special Use Permit, and fords as follows: a. Consistent with Master Plan. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. Compatibility. The proposed Special Use is appropriate for its proposed location and compatible with the character of surrounding land uses. c. Zone District Standards. The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standazds applicable to the particular use, as identified in Section 3-310, Review Standazds Anulicable to Particular Residential Agricultural and Resource Uses. d. Design Minimizes Adverse Impact The design of the proposed Special Use does minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regazding trash, traffic, service delivery, pazlcing and loading, odors, noise, glaze, and vibration, and shall not create a nuisance. 2 e. Design Minimizes Environmentallmpac~ 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. f. 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. g. Site Development Standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. h. 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 Robert S. Levine, File No. ZS-00102, for a Special Use Permit for an accessory dwelling unit on anon-conforming lot in the Resource Limited Zone District de- scribed herein, be and is hereby approved, subject to the conditions as set forth herein, for the following described property located in the unincorporated area of Eagle County: Lot 10.1, New York Mountain Project, according to the recorded plat thereof at Reception No. 319844 County of Eagle, State of Colorado THAT, the Site Plan for Lot 10.1, New York Mountain Project, is attached as Exhibit "A" and incorporated by reference into these findings. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: The conditions of the applicable water well permit serving the dwellings on this site be adhered to. 2. Adequate parking and snow storage be demonstrated prior to issuance of a building permit for the accessory dwelling unit. 3 3. Defensible space, be created around the structures on the parcel, emphasizing improving vegetative clearance around buildings and keeping grass low during dry periods, in a manner consistent with the Eagle County Wildfire Regulations, and [2] at the time the wood shake shingles currently in use are replaced, fire resistant roofing materials be installed. 4. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 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. 4 • • MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regulaz meeting held the ~ day of 2003, nunc pro tunc to the 21St day of January 2003. ATTEST: o ~ ~ `~~~~ ~ ~ °~ ~;e~L®Ft~~.~'~ COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: uuc By: Teak Sim nton Mic] Clerk to the Boazd of County Commissioners Arn M. Menconi, Commissioner Tom Stone, Commissioner Commissioner ~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Arn M. Menconi Commissioner Tom C. Stone !~l This Resolution passed by _ i~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. it N1/2 NEt/4 NE1/4 SEC. 30 j I YAKELY ESTATE t1.EVBR) a ~e.°'~ 1 ecxrcRl9e 1r a9' .mE E~~ s (eia 7. nAtx ago) I I ~ I f ~ r ry i i i ~ _ ~ ~ ., \ I ~ I ' ~ r- \ o ~ I . \• i r- iI RG~W I I .. . 1 a, i ,fi i CCpIVIEAlE 4 41ee HegretdL a vraesskrld lone Surreys regMlered IRlder 1M len a h stele a CNmodo. do Ileneey cermy tha IA6 loyugropAk servry .er Roer M w end under Irq, wPendakn• orN ttwt lM rwvey to occwola onb enact ro IM baM 1 my knowledge. Caer9de S 8 4o to b ~• ~• Deter- ~ r36.1.98'Yp3_ ~E~ '~1W~'CO ~bao %~s/'o IT/99 Appl T0o0 6/S/O! m~1 ~ ~E rte. ~>m. 7) 9011CG ~ t0 C010RADD W9 rW l9lS/ Ca1MEMC[ ANY LC04 AO1pN IIPa1 AIM mr[C1 91 1197 7U99CY eIM91 TR9CL YCN17 Afltl{ VOI! 16191 OISCBK9 SUCH Ov[m. 91 qD CVCNf. WY ANY ACROR BISCD 11eOM A/M O[RNI M AR SW61EY BC COYMCNCED YOA! 1MRCa1. YFA97 FROM 111C W1C 01 111E CEtllOlliNlal 7110119 .) 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I ~ NOLt /71015'• - -_ 701.6~ny ~• EttCT61C - ~~~- f ~ (wox Masa• rAOE - -r.~ _ _ _ ,.D.a . , IN+SS ~ ~ ,~. - "d~.nc SIC. 19 _~ ...- ___. ~- ~/ EAGIs~. I +.~~r! .ntirwAr e tr 1+. CALIF-VAq Ibie I:b low+ms. eo. e1a» / ~ Is ~ •~ / ~Y /~/~ ~/ ,. / g 7 71O9r MDO6/S1aK Y ebU d 5M[D ~' Exhibit "A" PARTIAL TOPOGRAPHIC SURVEY LOT 10.1 A RESUBDIVISION OF LOT 10 NEW YORK MOUNTAIN PROJECT EAGLE COUNTY, COLORADO JOB No. 2348717