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HomeMy WebLinkAboutR02-119 approval of petition for variance for Vagneur SubdivisionComa.- Sioner Q_ moved adc... n of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002 - —Z19 APPROVAL OF A PETITION TO GRANT A VARIANCE FROM THE IMPROVEMENTS STANDARDS ESTABLISHED IN SECTION 4 -620.J OF THE EAGLE COUNTY LAND USE REGULATIONS FOR VAGNEUR SUBDIVISION File Number VIS -0016 WHEREAS, Anthony J. Vagneur, (hereinafter "Applicant "), submitted to the Eagle County Department of Community Development a petition for a variance from the requirements of Section 4 -620.J of the Eagle County Land Use Regulations (the "LUR ") for the Vagneur Subdivision; and WHEREAS, the Applicant has identified Right -of -Way Width, Mountable Curb and Gutter, and Detached Sidewalks as the parts of the Suburban Residential Road Standard in Table 4 -620. J of the LUR for which variances are requested; and WHEREAS, the Board of County Commissioners ( "the Board "), conducted a public hearing on August 6, 2002 to consider the Applicant's petition; and WHEREAS, the Board, has considered all the evidence, exhibits and arguments presented at and prior to the hearings. NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado that, 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 Improvements 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 requirements of Section 5 -260.G of the LUR. 2) The petition has been properly advertised and was considered by the Board of County Commissioners. 3) The road design proposed by the petitioner will provide a road design that is equally durable and equally safe to the Suburban Residential Road Classification standards but would be less expensive, use less land, and blend in better with the community standards in the area. IIIIIIIIIIIIII���IIIIII °'�,058a?.,1:. Sara 3 Fisher Easle, CO 370 R 0.00 D 0. 00 4) The applicant hG N f =onstrated hardship to the developer, the public if there is strict adherence to the Suburban Residential Road Functional Classifications for the proposed County road in the Vagneur Subdivision. The hardships in the application include a) loss of developable land and diminished value of the property, and b) diminished rural character of the property. 5) The applicant has demonstrated that the hardship 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. 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.J as noted in the attached Exhibit "A" subject to the following conditions: These variances are valid only for a Preliminary Plan, Final Plat or other land use application which will conform with the Sketch Plan submitted and approved with File SUS -00008 by Resolution 2001 -004, and to the driveway serving Parcel D of Glassier Acres. 2. Except as otherwise modified by this application, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 3. The approval of these variances by Eagle County is not an endorsement of the Vagneur Subdivision beyond what was approved as a Sketch Plan. The approval is not a commitment to accept the access road as a County Road. The subdivision and road dedication will be decided as part of a future Preliminary Plan applica- tion. 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 Comm V f issioners of the County of Eagle, State of Colorado, at its regular meeting held the 4:J day of v 1 , 2002. 2 COUNTY OF L "LE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS County Commissioners Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been ca (led, the vote was as follows: Commissioner, Michael L. Gallagher Commissioner, Tom C. Stone Commissioner, Arn M. Menconi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 aneur Subdivision Improvements Stan _cds Variance Application The applicants are requesting the following variances to the prescribed road standards: County Standard Variance Requested Width of Right -of -way - 50 ft. 31.4 ft. of dedicated right -of -way and 8.6 ft. of easement on the west end and 32.4 ft. of dedicated right -of -way and 7.6 ft. of easement on the east end available for public access and emergency purposes. Total width 40 feet. 24 In. Mountable Curb and Gutter 24 -inch vertical curb and gutter on the south edge of the roadway with conforming 24 -inch mountable curb and gutter on the north edge of the roadway. Paths - detached sidewalks Attached 4 ft. concrete sidewalk on the north edge of the roadway. Justification 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 15 times the projected volume (47.75 ADT) generated by this project. The proposed variances will adequately accommodate anticipated traffic volumes on the approximately 300 -foot section of roadway without jeopardizing public health safety and welfare. The paved roadway surface with curb gutter and sidewalk will, for practical• purposes, conform to the County roadway standards for suburban residential roads. ' The existing driveway is sandwiched between the Vagneur property-on- the; north; and.• be Willits property on the south. The applicant proposes to dedicate 31.4 ft. to the. County, as night- of -way and utilize an easement of 8.6 ft. within-the Vagneuur • Subdivvision. to . provide additional roadway corridor for a total width of 40 feet. The proposed subdivision will create 4 additional residential lots.: resulting, in 3.8':2 . ° : - . . additional vehicle trips per day to the existing 19.1 average daily traffic generated by -. the . two existing residential structures served by the driveway ( Vagneur and Glassier). These , two dwelling units have utilized this driveway for over many years without :problems. The 40 -foot roadway corridor with -two 10 foot paved driving lanes 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 that conforms to all of the applicable standards may result in unnecessary removal of vegetation. This would have the effect of reducing the existing quality of the property and diminishing values. Elimination vegetation for a fully compliant roadway will not result in a substantial improvement to public safety and will result in degradation of the property. EXHIBIT "A" gneur Subdivision Improvements Starr _ =ids Variance Application e The rural character of the parcel will be diminished by installation of a 50 fl. right -of -way without a proportionate increase in public safety 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 47.75. The short roadway length with a 40-foot right- of-way is adequate to provide safe access. An attached sidewalk is included for pedestrians and bicycles. A short roadway length will prevent traffic speeds from exceeding approximately 10 mph. Under these conditions, it is unnecessary to provide for a separate or separated past/sidewalk. Additionally, no path or sidewalk exists along Willits Lane and there are no plans to develop a path/sidewalk. Installation of gutters and mountable curb on the north side and vertical curb on the south side and a culvert at Willits Lane offer adequate roadway drainage. There is no curb and gutter along Willits Lane. Willits Lane drainage is accommodated with a barrow ditch along the roadway. The pre /post difference in runoff from development on the Vagneur property and the dedicated right of way area will be detained within a drainage easement located near the southeast corner of the Vagneur Subdivision property. A storm water management system will be designed to manage stormwater runoff from the new proposed impervious surfaces on the proposed road, roofs and driveways and surfaces. Historical runoff volumes will be discharged in the existing drainage path along Willets Lane. Application of all suburban residential roadway standards will create an unnecessary and undue hardship on the applicant. The 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 j eoparpliz ng :public health safety,. orweifaxe:. �._.. EXHIBIT "A"