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HomeMy WebLinkAboutR02-108 special use permit for Colorow at Squaw Creek Subdivisions Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - APPROVAL OF A SPECIAL USE PERMIT FOR LOT SA, COLOROW AT SQUAW CREEK SUBDIVISION File No. ZS -00094 WHEREAS, Shelley H. Gile and Michael Sanner ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about 15 May 2002 for a Special Use Permit for an Accessory Dwelling Unit on a non - conforming lot in the Resource Limited (RL) Zone District, in the unincorporated area of Eagle County described as follows: Lot SA, Colorow at Squaw Creek Subdivision and WHEREAS, the proposed special use is an accessory dwelling unit on a legal, non- conforming lot, and the Applicant proposes to build an addition to an existing single family residence, with the resulting structure to include an accessory dwelling unit; 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 on 3 July and 17 July 2002, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on 23 July 2002; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including 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 Eagle County Planning Commission, and comments from all interested parties, and with the modifications imposed by the conditions hereinafter described, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board ") finds as follows: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. Further, the Board has also considered Eagle County Land Use Regulations, Section 5- 250.B., Standards for the review of a Special Use Permit, and finds as follows: 1. Consistent with Master Plan. The proposed Special Use Permit is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. 2. Compatibility. The proposed Special Use is appropriate for its proposed location, and is compatible with the character of surrounding land uses. 3. Zone District Standards. The proposed Special Use does comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses. 4. Design Minimizes Adverse Impact. 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 does not create a nuisance. 2 5. Design Minimizes Environmental Impact. 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. 6. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards. The proposed Special Use does comply with all the appropriate standards in Article 4, Site Development Standards. 8. Other Provisions. With the recommended condition, 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. That for the above - stated and other reasons, the proposed Special Use Permit 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 Shelley H. Gile and Michael Sanner, Pile No. ZS- 00094, for a Special Use Permit for an Accessory Dwelling Unit in the Resource Limited Zone District be and is hereby 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: - - - a. Applicant demonstrate, prior to issuance of a building permit for an accessory dwelling unit, that the water well serving this and the adjacent residence provide a physically and legally adequate supply of water for all of the existing and proposed uses. 3 f b. Except as otherwise modified by this permit, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 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. MOVED, READ AND ADOPTED by the Board of County Commissioner of the County of Eagle, State of Colorado, at its regular meeting held the/36- ,day of , 2002, nunc pro tune to the 23' day of July 2002. ATTEST: COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONERS t,ounry Commissioners Tom C. Stone, Commissioner al Commissioner , ZV 4w4 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by 3 -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. W