HomeMy WebLinkAboutR00-134 variance for Willits Family Homestead0 0 Commissioner moved adoption
of the followiiVg Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 -
APPROVAL OF A PETITION TO GRANT A VARIANCE PERMIT
FROM THE IMPROVEMENTS STANDARDS
ESTABLISHED IN SECTION 4 -620
OF THE EAGLE COUNTY LAND USE REGULATIONS -
FOR THE WILLITS FAMILY HOMESTEAD
File Number VIS -0010
WHEREAS, Lloyd and Gena Willits, (hereinafter "Applicant "),
submitted to the Eagle County Department of Community Development
a petition for variances from the requirements of Section 4 -620
of the Eagle County Land Use Regulations for the Willits Family
Homestead; and -
WHEREAS, the specific variances are shown on the attached
Exhibit " A " ; and
WHEREAS, the Board of County Commissioners ( "the Board "),
conducted a public hearing on August 14, 2000 to consider the
Applicant's petition; and
WHEREAS, the Board, has considered all the evidence,*exhib-
its and arguments presented at_and prior to the hearings.
WHEREFORE, based on the evidence presented, the Board finds
that the Applicant's petition meets the intent of Section 5 -260.G
which governs the granting of a variance permit from the Improve-
ments Standards of the LUR, and also finds the following:
1) The applicant has filed a petition for a Variance Permit
from the Improvement Standards in conformance with the require-
ments of Section 5 -260.G of the LUR.
2) The petition has been properly advertised and is ready
for consideration by the Board of County Commissioners.
3) The design proposed by the petitioner will provide a road
and trail design that is equally durable and equally safe to the
standards but would be considerably less expensive, use less
land, and blend in better with the environment and land form.
4) The applicant has demonstrated hardship to the developer
and the public if there is strict adherence to the Suburban
Residential Road Functional Classification for the private access
road in the Willits Family Homestead. The specific hardships are
D
described in para phs 4 and 5 on page 2 of Clibit "A ", and
were read into the record.
5) Hardships to the applicant of not granting the variances
exceed any currently perceived adverse impacts on the health,
safety, and welfare of persons affected, or adverse impacts to
the affected lands.
NOW, THEREFORE be it resolved by the Board of County Commis-
sioners of the County of Eagle, State of Colorado:
THAT, on balance, the benefits to the developer of granting
the variance outweigh the adverse impacts to people and lands
affected by granting the variance.
THAT, The Board hereby approves the Applicant's petition for
a Variance Permit from the requirements of Section 4 -620 of the
LUR, as shown on the attached Exhibit " A " for the Willits Family
Homestead, subject to the following condition:
- These variances for the Willits Family Homestead, as shown
in Exhibit "A ", are valid only for a Preliminary Plan and
Final Plat which will conform with the Sketch Plan submitted
and approved with File SUS - 0007.
THAT, the Board of County Commissioners directs the Depart-
ment of Community Development to provide a copy of this Resolu-
tion 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 Commissioners
of the County of Eagle, Sta of Colorado, at its regular meeting
held the day of , 2000.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
J. Fisher
to the Board o
v Commissioners
Michael L. '&
Commissioner
oner
2
` Commiss ,tier ,�� ,� jj,�} Winded adoption of
the foregoing resolution. Therdll having been called, the vote
g g g
was as follows:
Commissioner, Tom C. Stone
Commissioner, Michael L. Gallagher
Commissioner, Johnnette Phillips
This Resolution passed by (j -Q vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
3
WILLITS FAMILY HOMESTEAD
Julv 17, 2000
Community Mvelopment Director
Eagle County Planning Department
P.O. Box 179
F -aglc, Colorado 81631
Dear Sir/?tladam:
Request for a Variance fxwn portions of Division 4-6 Improvements Standards.
Pursuant to section 4-610 (Ax2) of the Eagle County Land Use Code and in conformance
with section 5 -260 (GI this is a request for a variance to road construction standards for the
Willits Family Subdivision.
The Willits Family Subdivision is a request to crcate one additional single - family residential
lot and three single - family residential lots for existing residential uses on a 2.417 -acre parcel.
Table 4 -620 J in the Eagle County land use code defines the applicable road construction
standards for 4arious road types based upon road classification and associated average daily
traffic. The January 1991 Trip Ocneration Manual produced by the Institute of
Transportation Engineers calculates the average trip ends for single family detached housing
on weekdays as 9.55. The proposed 44ot subdivision 1 %1111 generate a total of 38.2 trips per
day.
The applicants are requesting a rezoning from R (Resource) to RSL (Residential Suburban
Low amity). 71= design standards identified in Table 4-620 J applicable to this project am
specified under "suburban residential roads" with less than 750 "associated average daily
traffic ".
The applicants are requesting the following variances to the prescribed road standards:
Couno Standard
Pavement
24 In- Mountable Curb and Gutter
Paths - --
Vmianee Requested
Gravel driving surface with dust palliative and IS foot
asphalt transition apron where Willits Circle intersects
with Willits Lane.
Barrow ditch sloped to drain to Willits Lane with 12-
inch driveway culverts at each driveway and an I8-
inch culvert at the intersection of Willits Lane.
None - Ve hicles, bikers and pe sham roadway.
EXHIBIT "A"
17
Justifrc+ation for This Variance Request~
The County design standards for suburban residential roads are intended to accommodate
average daily traffic less than 750 vehicle trips per day. This maximum traffic volume is
over 19 times above the projected volume (38.2 ADT) generated by this project. The
proposed variances will adequately accommodate anticipated traffic volumes on the
aplrroximatcly I l0 -foot section of roadway without jeopardizing public health safety and
welfare.
The application of a dust palliative (such as magnesium chloride) to the roadway surface
will serve as a soil binder and dust suppressant. This maierial, with adequate compaction
and periodic reapplication, will cenw-nt the aggregate surface of the roadway and create a
solid driving surface with minimal dust generation.
The proposed subdivision will create one additional residential lot resulting in an additional
9.55 vehicle trips per day to the existing 28.65 average daily traffic generated by the existing
three dwelling units on the property. As a practical matter, the three existing dwelling units
have utilized the existing driveway for over 30 years without_ problems. The proposed
addition of a 50 -foot rigkit. -of way width to 10 foot driving lam will be more than adequate
to handle the additional trip generation.
The property is covered by existing mature vegetation. This vegetation adds to the character
and quality of the parcel. Construction of a roadway in evnfonnance with all of the
applicable standards will result in removal of some ofthis mature vegetation. This will have
the effect of diminishing the existing quality of the property and diniirrishing values. The
elimination of this vegetation for purposes of constructing a fully compliant roadway will
not result in a substantial improvement to public safety -and will result in degradation of the
lxoperty.
The rural character of the parcel will be diminished by installation of a paved roadway with
curb, gutter, and sidewalk without a commensurate increase in public safely on the roadway.
The alternatives proposed in the variance request will retain the rural character of the parcel
and will provide adequate and equal performance characteristics commensurate with the
calculated average daily traffic of 38.2.
The Willits Family Subdivision homeowners association proposes to maintain the roadway
thereby eliminating maintenance obligations on the part of Eagle County. The Willits'
currently own an adequately sized pickup truck with a snowplow sufficient to provide all
snow removal on the roadway. The homeowners association proposes to conhtrad for
Periodic motor grader maintenance of the roadway and periodic reapplication of a dust
palliative. This work will be completed on an "as needed basis" to ensure a stnooth, dust
6 and safe access.
The short length of the roadway with a 50 -foot right -of -way is adequate to provide for safe
shared access for vehicles, pedestrians and bicycles. The short roadway length or prevent
traffic speeds from exceeding approximately 10 mph. Under these conditions, it is
unnecessary to provide for a separate or separated pastl'sidewalk. Additionally, no path or
EXHIBIT "A"
12
a
C
/7
-3- lwy1q, 20a?
sidewalk exists along Willits Lane and there are no plans to develop a pathtsidewalk. A
requirement to install this improvement would result in a palhrsidewalk that goes nowhere.
Installation of a barrow ditch with driveway culverts and a culvert at the Willits Lane will
provide for adequate roadway drainage for the project. The performance characteristics of
the drainage design will meet or exceed that achieved by curb & gutter. Presently, there are
no curbs or gutters along Willits Lane. Willits Lane drainage is accomrrKxbted with a
barrow ditch along the roadway. The proposed subdivision drainage will tie irrin the existing
drainage on Willits Lane. It does not make sense to require curb & gutter and project that
will not tie into similar and existing impruvcments along Willits Lane.
Application of all suburban residential roadway standards will create an unnecessary and
undue hardship on the applicant Thu requested variances will provide an alternative' that
will equal the performance of the County standards for the proposed average daily traffic
without creating an undue maintenance problem or otherwise jeopatdizing public health
safety or welfare.
The applicants respectfully request a waiver to the previously identified County mad
standards and ask the 130ard County Commissioners to approve the requested roadway
standard variances.
Thank you for your consideration of this request.
Sincerely,
Lloyd E. Willits
0271- WILLITS LANE • BASALT, COLORADO • 81621
_.. PHONE: 970.963.9684
EXHIBIT "A"