HomeMy WebLinkAboutR02-041 special use permit for Spur SubdivisionCC, Lift-
Commissione t&.L moved adoption
of the llowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 02 - ndL
APPROVAL OF SPECIAL USE PERMIT
Spur Subdivision
FILE NO. ZS -00078
WHEREAS, Stephan L. Mueller ( "Applicant "), did file an application with the Eagle
County Department of Community Development on or about May 14', 2001 for a Special Use
Permit for the location of a single- family home, with a detached arts and crafts studio, within the
Resource District of an unincorporated area of Eagle County described as follows:
Lots 1, 2 and 3, Block 1, Spur Subdivision, according to the plat recorded February 13,
1952 at Reception No, 80721, in Plat Book 10, County of Eagle, State of Colorado.
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WHEREAS, Stephan L. Mueller proposes to build one single - family dwelling with a
detached studio for arts and crafts on the parcel described above.
WHEREAS, based on the evidence, 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
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:
That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. That the proposed Special Use, as conditioned, conforms to the requirements of
Section 5- 250(B) of the Eagle County Land'Use Regulations, as follows:
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Sara J Fisher Eagle, CO 370 R 0.00 D 0. 00
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a. The proposed Special Uses ARE appropriate for their proposed location
and are 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. The proposed Special Use IS appropriate for its proposed location and IS
compatible with the character of surrounding land uses.
C. The proposed Special Use DOES comply with the standards of the zone
district in which it is located (Commercial General / Commercial Limited)
and any standards applicable to the particular use, as identified in Section
3 -330, Review Standards Applicable to Particular Commercial and
Industrial Uses (drive- through facility).
d. The design of the proposed Special Use DOES minimize adverse impacts,
including visual impacts of the proposed use on adjacent lands;
furthermore, the proposed Special Use DOES avoid significant adverse
impacts on surrounding lands regarding trash, traffic, service delivery,
parking and loading, odors, noise, glare, and vibration, and DOES NOT
create a nuisance.
e. 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. The proposed Special Use IS adequately served by public facilities and
services, including roads, pedestrian paths, potable water and wastewater
facilities, parks, schools, police and fire protection, and emergency
medical services.
g. The proposed Special Use DOES comply with the appropriate standards
in Article 4, Site Development Standards
h. 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.
3. That for the above - stated and other reasons, the proposed special use is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Eagle County.
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C
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application of Stephan L. Mueller, File No. ZS- 00078, for a Special Use
Permit for the location of a single - family home and detached studio for arts and crafts in the
Resource Zone District described herein, be approved, subject to the condition as set forth
herein.
THAT, the following condition shall be placed upon this approval and that violation of
any condition shall be the basis for revocation of the Special Use Permit:
The detached studio for arts and crafts can be of no more than 850 square feet in floor
area.
2. No other uses are permitted on the site other than a single - family dwelling and the
detached arts & crafts studio use specified by this permit.
3. The comments of the Colorado State Forest Service and Colorado Geologic Survey shall
be adhered to by the time a Temporary Certificate of Occupancy (TCO) is issued.
4. Except as otherwise modified by this permit, all material representations of the Applicant
in this application and all public meetings shall be adhered to and 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.
MOVED, READ AND ADOPTED by the Board of County Commi of the
County of Eagle, State of Colorado, at its regular meeting held thQLuday ofd , 2002,
nunc pro tunc to the 18t' day of September, 2001.
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County of Eagle, State of Colorado
Tom C. Stone, Commissioner
CommissioneraD, seconded adoption of the foregoing Resolution.
The roll havin g been called the vote wA as follows:
Commissioner Am M. Menconi
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher
This Resolution passed by a Q vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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