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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. 2 0 1 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. M k ., 1. A 0 - C or EAn- 4�' r� 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. s