HomeMy WebLinkAboutR02-055 special use permit Harkias Accessory Dwelling UnitC
Commissioner moved adoption
of the ollowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - A"
APPROVAL OF SPECIAL USE PERMIT
Harkias Accessory Dwelling Unit
FILE NO. ZS -00089
WHEREAS, on or about December 3, 2001, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Ken and Carol Harkias (hereinafter "Applicants ")
for a Special Use Permit for an Accessory Dwelling Unit, on a legal non - conforming lot within
the Resource Zone District in the unincorporated area of Eagle County described as follows:
Lot 1, Glen No. 2 Tract; and
WHEREAS, the Applicants propose to construct a 600 square foot (more or less) two
room addition above their garage, which is attached to their existing home; and
WHEREAS, Section 6- 120.A.2 of the Eagle County Land Use Regulations allows
Accessory Dwelling Units on legal non - conforming lots in the Resource Zone District through
the application for and processing of a Special Use Permit; 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 hearings held March 6, 2002, the Eagle .Valley Planning
Commission, based upon its findings, recommended approval of the Special Use Permit, with
one condition; and
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04/18/2002.03:0
Sara J Fisher Eagle, CO 370 R 0.00 D 0.00
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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 (hereinafter "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; and,
That pursuant to Eagle County Land Use Regulations Section 5- 250.b, Standards for
the review of a Special Use Permit:
1. 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.
2. Compatibility The proposed Special Use is appropriate for its proposed
location and is compatible with the character of surrounding land uses.
3. Zone district standards The proposed Special Use does comply with the
standards of the zone district in which it is located and the standards
applicable to the particular use, as identified in Section 3 -310, Review
Standards Aiyiicable toParticular Residential, Agricultural and Resource
Uses .
4. 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 regarding
trash, traffic, service delivery, parking and loading, odors, noise, glare, and
vibration, and does not create a nuisance.
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.
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6. Impact on public facilities 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.
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 Ken and Carol Harkias, File No. ZS- 00089, for a Special Use
Permit for an Accessory Dwelling Unit on a non - conforming lot within the Resource Zone
District described herein, be and is hereby approved, subject to the conditions as set forth
herein.
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:
1. That prior to the issuance of a building permit, the Applicant obtain a permit from
Eagle County Environmental Health for the enlargement of the existing septic
system.
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 inhabitants of the County of Eagle, State of Colorado.
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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 ,
2002, nunc pro tunc to the 19"' day of March, 2002.
ATTEST:
•a
OCOK!'�
Sara J. Fisher
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: yv�
Michael L. Gallagher,
Commissioner seconded adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Tom C. Stone
Commissioner Michael L. Gallagher —T
Commissioner Am M. Menconi
This Resolution passed by e of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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