HomeMy WebLinkAboutR00-118 special use permit for the Bones ResidenceCommissioner .moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 - `&
APPROVAL OF SPECIAL USE PERMIT
FOR THE BONES RESIDENCE
FILE NO. ZS -00059
WHEREAS, Larry and Robin Bones, ( "Applicants ") have operated a wood flooring
business as a Home Business, as defined in Article 2 of the Eagle County Land Use Regulations,
without having applied for or obtained a Special Use Permit, as required in Table 3 -300,
Residential, Agricultural and Resource Zone Districts Use Schedule of the Eagle County Land
Use Regulations; and
WHEREAS, Applicants did file an application with the Eagle County Department of
Community Development on or about December 28, 1999, for a Special Use Permit for a Home
Business within the Rural Residential Zone District, in the unincorporated area of Eagle County
described as follows:
Lot A, F. J. Glassier Type A Minor Subdivision;
WHEREAS, the Applicants propose to operate a wood flooring business on said parcel,
in which up to two employees may work on -site and reside off - premises and patrons may be
served on- premises; 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 June 22, 2000, the Roaring Fork Valley Regional
Planning Commission, based upon its findings, recommended approval of the Special Use
Permit, with -certain conditions; and
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:
1. 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:
a. 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. The proposed Special Use is appropriate for its proposed location and
compatible with the character of surrounding land uses.
C. The proposed Special Use does meet the standards of the zone district in
which it is located, and with the recommended conditions, does meet the
standards applicable to the particular use, as identified in Section 3 -310,
Review Standards Applicable to Particular Residential. Agricultural and
Resource Uses Section 3 -330, Review Standards Applicable to
Particular Commercial and Industrial Uses
d. 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 shall 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.
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f. 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. 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application of Larry and Robin Bones, File No. ZS- 00059, for a Special Use
Permit for a Home Business within the Rural Residential Zone District described herein, be
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. All written and oral representations made by the Applicants with respect to this
Special Use application be a part of the record and conditions of approval.
2. The Applicants meet all applicable building code requirements and obtain a
Certificate of Occupancy for the accessory building.
The Applicants obtain a Limited Review Permit for the accessory dwelling unit or
remove the unit.
4. The Applicants properly size the accessory dwelling unit to conform with the
maximum size requirements provided in the Land Use Regulations.
5. The Applicants increase the capacity of the Individual Sewage Disposal System as
needed to meet or exceed current regulatory requirements for all uses on the site.
6. The Applicants demonstrate in the building permit application for the accessory
dwelling unit (a) that the General Standards and the Design Standards of the Land
- Use Regulations (Sections 4 -130 and 4 -140, respectively) regarding parking and
loading areas will be satisfied and (b) where on the site the required parking and
loading areas are located.
7. The Applicants provide in the building permit application for the accessory
building a sufficient soils report to determine that potential impacts from geologic
hazards have been adequately mitigated.
8. The Applicants store all hazardous and non - hazardous materials in a manner
consistent with the requirements of OSHA and the Basalt and Rural Fire
Protection District.
9. This Special Use Permit be subject to Staff review from time to time to confirm
that the site and activities related to this Special Use Permit, including but not
limited to off - street parking and loading standards, illumination standards,
maximum number of persons conducting the business but living off - premises, and
storage of hazardous and non - hazardous materials, continue to be consistent with
the intent and in compliance with the applicable provisions of the Land Use
Regulations and the conditions of this Special Use Permit.
10. Water well permit be in order prior to issuance of the Special Use Permit.
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.
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COUNTY OF EAGLE, STATE OF COLO-
�iQRAIDO RADO, By and Through Its BOARD OF
COUNTY COMMISSIONERS
MOVED, READ AND ADOPTED by the Board of County Com missioners the
County of Eagle, State of Colorado, at its regular meeting held the f day of ,
2000, nunc pKO to 31 day of July, 2000.
ATTEST:
By. By: �ye
Sara J. Fisher Tom C. Stone, Chairman
Clerk to the Board of
County Commissioners
This Resolution passed by ¢ o ard of County Commissioners of the County
of Eagle, State of Colorado.
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