HomeMy WebLinkAboutR11-114 71 Edwards Access Rd FNZ-3054 EAGLE COUNTY, CO
TEAK J SIMONTON
Pis: 3 23 :34PM 201117637
09/22/2011
1 11111 I
111 I III I 0 I
11 II I
. . commissioner WA) z- IA_ moves adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011 - C r
APPROVAL OF A FINDING OF NO SIGNIFICANT IMPACT VARIANCE TO ALLOW
A STREAM SETBACK OF FIFTY FEET WHERE SEVENTYFIVE FEET IS
REQUIRED FOR THE EXISTING RESIDENTIAL STRUCTURE LOCATED AT 71
EDWARDS ACCESS R()AD
FILE NO. ENZ.-3054
WHEREAS , on or about October 22, 2010, Fritz Schmidt (herein after "Applicant") did file an
application with the Eagle County Department of Community Development for a Finding of No
Significant Impact to allow a stream setback of 50 feet where 75 feet is required for a habitable structure
located in the unincorporated area of Eagle County described as follows:
Edwards Plaza Subdivision Consolidation of Lots 1 and 213 /71 Edwards Access Road
WHEREAS, the subject property has been developed with a single-family residential structure
since 1973. This residential structure was erected prior to the implementation of zoning in unincorporated
Eagle County. Zoning was first adopted and implemented in unincorporated Eagle County in October
1974, In October of 1974, the subject property was designated with `Cominercial-Cieneral' zoning. In
2006 = 4 the Eagle County 1 and Use Regulations were amended to require a minimum 75 foot setback from
the high water mark &the stream or the edge of the 100 year floodplain; whichever provides the greatest
protection. Through the Finding of No Significant Impact process, either administratively or by action of
the Board <f County Commissioners a variance from the 75 foot stream setback requirement may be
granted to allow a minimum 50 foot setback from the high water mark of the river; and
WHEREAS, the applicant desires to bring the existing structure into compliance with the
provisions of the Eagle County Land Use Regulations via successful completion of this Finding of No
Significant Impact stream setback variance; and
VVI1EREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated areas of Eagle County, the Edwards Area Community Plan, comments of the Eagle
County Department orCommunity 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:
1. That proper publication and public notice was provided as required by law for the hearings before
the Planning Commission and the Board.
Page 1 of 4
_ _
Commissioner 11 1)/-11,_ moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011 - I�
APPROVAL OF A FINDING OF NO SIGNIFICANT IMPACT VARIANCE TO ALLOW
A STREAM SETBACK OF FIFTY FEET WHERE SEVENTYFIVE FEET IS
REQUIRED FOR THE EXISTING RESIDENTIAL STRUCTURE LOCATED AT 71
EDWARDS ACCESS ROAD
FILE NO. FNZ -3054
WHEREAS, on or about October 22, 2010, Fritz Schmidt (herein after "Applicant ") did file an
application with the Eagle County Department of Community Development for a Finding of No
Significant Impact to allow a stream setback of 50 feet where 75 feet is required for a habitable structure
located in the unincorporated area of Eagle County described as follows:
Edwards Plaza Subdivision Consolidation of Lots 1 and 2B / 71 Edwards Access Road
WHEREAS, the subject property has been developed with a single- family residential structure
since 1973. This residential structure was erected prior to the implementation of zoning in unincorporated
Eagle County. Zoning was first adopted and implemented in unincorporated Eagle County in October
1974. In October of 1974, the subject property was designated with `Commercial - General' zoning. In
2006, the Eagle County Land Use Regulations were amended to require a minimum 75 foot setback from
the high water mark of the stream or the edge of the 100 year floodplain; whichever provides the greatest
protection. Through the Finding of No Significant Impact process, either administratively or by action of
the Board of County Commissioners a variance from the 75 foot stream setback requirement may be
granted to allow a minimum 50 foot setback from the high water mark of the river; and
WHEREAS, the applicant desires to bring the existing structure into compliance with the
provisions of the Eagle County Land Use Regulations via successful completion of this Finding of No
Significant Impact stream setback variance; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated areas of Eagle County, the Edwards Area Community Plan, 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:
1. That proper publication and public notice was provided as required by law for the hearings before
the Planning Commission and the Board.
Page 1 of 4
2. That pursuant to Eagle County Land Use Regulations Section 3 -340.6 Stream Setbacks and
Water Resource Protection for the review of a the standards for a Finding of No Significant
Impact:
"Exceptions. The Community Development Director or the Board of County Commissioners may
approve a reduction of the stream setback to a minimum of 50 feet or the outer edge of the 100 year
floodplain, whichever provides the greater separation from the stream through a Finding of No
Significant Impact process.
(1) Report Required. In order to be considered for an exception, the applicant must clearly
demonstrate compliance with all the following criteria through the submittal of a report prepared
by a resource biologist or other qualified professional. At the discretion of the Community
Development Director, the report may be referred to outside agencies for comment, including but
not limited to the Eagle County Department of Environmental Heath, Colorado Geological
Survey, the Colorado Division of Wildlife, the Army Corps of Engineers, or any other applicable
agency. The report must specifically address all of the following: (orig. 07/17/06)
(a) Water Quality. That the setback reduction will not degrade water quality of the stream or
ground water. (orig. 07/17/06)
(b) Erosion. That the setback reduction will not impact shoreline and stream banks, or cause
erosion. (orig. 07 /17/06)
(c) Habitat. That the setback reduction will not degrade fish and wildlife habitat. (orig. 07/17/06)
(d) Scenic and Recreational Values. That the setback reduction will not negatively impact scenic
and recreational value associated with the stream. (orig. 07/17/06)
(e) Alternative Design. That the proposal for improvements on the site results in a design that
more adequately preserves unique characteristics of the site, protects public view sheds, enhances
public recreational enjoyment of the stream, or creates a design that results in greater public
benefit than would be created by adhering to the 75 foot setback (orig. 07/17/06)
(1) Other circumstances. That other circumstances prevent adherence to the 75 foot setback,
including but not limited, to: lot depth, lot dimensions, existing development; lot topography.
(orig. 07/17/06) "
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT this Finding of No Significant Impact to allow a stream setback variance of 50 feet where
75 feet is required in the unincorporated area of Eagle County described herein, be and is hereby approv-
ed, subject to the following conditions, and that violation of any condition shall be the basis for revocation
of the Special Use Permit:
1. Except as otherwise modified by this development permit, all material representations made
by the Applicant in this application and in public meeting shall be adhered to and considered
conditions of approval.
Page 2 of 4
COUNTY OF EAGLE, STATE OF COLORADO, By and
a
r BOA r.r O ` COUNTY la SIONERS
ATTEST: ��, # C'
BY: _ _ t , ' BY: Al � _
- .k J. Simon , • o Ap p 's Jo Stavne ha' f', /
Clerk to the Board of '
County Commissioners BY: / /
VI� ; �.., -- .17LfC —� Peter F. Runyon, Commissioner
BY: /11-10L-4,
Sara J. Fisher, C mmissioner
Commissioner � ' seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Jon Stavney 1
Commissioner Peter F. Runyon 14.--i. 4
Commissioner Sara J. Fisher
This Resolution passed by 3 i U vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 4 of 4