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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"