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HomeMy WebLinkAboutMinutes 06/28/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JUNE 28, 1994 Present: Johrmette Phillips James Jormson, Jr. George "Bud" Gates Mary Jo Berenato Keith Montag Earlene Roach Chai:rman Commissioner commissioner Commissioner Community Development Director Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Building Pennit #6188, Appeal Hearing Chai:rrnan Phillips opened the meeting with the first item on the agenda, a hearing regarding denial of building permit application number 6188, Chris Hall. Wendell Porterfield, Attorney representing the applicant, stated Mr. Hall is now stuck between a rock and a hard place. He stated the property was subdivided in 1970 and a residence and deck were built in 1973. Mr. Porterfield stated Land Use Regulations were adopted in 1974, which stated there shall be 30 foot setbacks from a live stream. He stated the Land Use Regulations were amended in 1984, increasing the live setback to 50 feet. The existing deck then encroached into the live stream setback. In 1993 Mr. Hall was to make renovations, one of which was to enclose the deck and add height. There was no additional electrical work or plumbing and the deck was not to be expanded. Mr. Porterfield went to Staff, paid for the building permi t and was told there did not appear to be any problems. The applicant then proceeded to tear out the old deck, pour footers and called for an inspection, which was performed in late October. The footers were approved at that time. He informed the Board later, Mr. Hall received a letter from the County suggesting there could be a ~roblem and advised him to either redesign the project or apply for a varlance. Mr. Hall filed for variance which was conditionally approved by the Planning Commission, but was denied by the Zoning Board of Adjustment. Suit was filed in Eagle County District Court and a letter was sent by Eagle County indicating the Building Permit was denied. sid Fox, Planning Manager, stated there was a pre-application conference in which the site plan was reviewed. He stated the setback measurement was from the property line, which occurs in the middle of the stream, and the Land Use Regulations require the measurement to be from the high water mark. Commissioner Gates stated part of the problem was created because of the change in the amount of setback. Mary Jo Berenato, Deputy County Attorney, stated during the Zoning Board of Adjustment hearing, a motlon was made for approval, but there were only three aye's and the law requires four votes. Mr. Porterfield stated County Regulations also require a permit to remove an existing deck. Discussion continued on the denial of building permit number 6188. Commissioner Johnson moved to take this matter under advisement and render a written decision within twenty (20) days. Commissioner Gates seconded the motion. In discussion, Commissioner Gates asked if this decision would put the applicant into a hardship. Mary Jo Berenato stated the applicant has filed this application with 1 District Court concerning the variance issue and the building permit issue. Chai:rrnan Phillips called for the question on the motion. The vote was declared unanimous. SM-820-92, Delia Subdivision Paul Clarkson, Planner, ~resented file number SM-820-92, Delia Subdivision. He stated this lS an application for a Type "A" Minor Subdivision, subdividing the property into three single family lots, consisting of two ten acre lots and one fifteen acre lot. He stated the following is a list of issues not currently addressed: 01) open space 02) density 03) wildlife concerns 04) USFS wildfire hazard 05) fire protection 06) roads Staff recommended this application be tabled to satisfactorily address the following issues: 01) School cash-in-lieu of land dedication fee of $2,150.00 02) Reduce building envelope size to 25%' of the lot size and cluster. Adjust building envelope on lot 3 to eliminate the impact to the rapture nest 03) The execution of a fire protection service contract 04) Resolution of the point of access issue and subsequent resolution of the addressing and SIA issues 05) Off-site road i~act fee of $3,600.00 06) The wildlife Mitlgation Trust Fund for the Bellyache Area should be established and appropriately funded prior to Final Plat 07) The technical plat issues need to be resolved prior to signature by the Board. John Goodman, Attorney representin$ the applicant, spoke to the Roads. He stated this subdivision will have ~rlvate roads and the applicant will not be submitting a proposal for any publlC road. He stated there will only be gaited access on the road between Delia Subdivision and Travis Creek Subdivision. Mr. Goodman continued to point out various roads on the plat presented and ~lained each drive. He spoke to Staff's recommendations. Richard Della, a~plicant, spoke to fire protection. He stated Edwards Fire Protection Distrlct would be the first entity dispatched to the proposed site. Phil Scott, Engineering Technician, stated Travis Creek II, the Jouflas Ranch Road is privately owned but Staff has recommended improving said road to public road standards. Jim Fritze stated he believed it would be beneficial to the Commissioners to schedule an on-site visit. Bill Heicher, Division of Wildlife, reiterated this piece of land has always been chopped up. He stated in this area the County could be looking at up to forty-two different thirty-five acre parcels. He informed the Board the Rafter's Nest. is covered by State and Federal law. Mr. Heicher stated Travis Creek Subdivision has 200 foot setbacks around each nest. He suggested if the Board allows the five acre building envelopes, restricting the amount of ground to be disturbed. He stated the Wildlife Trust Fund is a one time fee of $750.00. He stated the Division of wildlife is trying to mitigate some of the impacts on this hillside. Mr. Heicher presented a map of the elk and deer migration. Commissioner Gates mentioned if the developers are to contribute to the wildlife Trust Fund, the Division of wildlife should also be contributing to the fund. Commissioner Johnson moved to table file number SM-820-92, Delia S~ivision, to allow the Board of County commissioners time for an on-site V1Slt. Commissioner Gates seconded the motion. In discussion, Phil Scott suggested the applicant stake off the road so the Commissioners can see where the roads will be. The Board of County commissioners concurred. Chai:rrnan Phillips called for the question on the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 ZS-350-94, Cellular One Telecommunications Ellie Caryl, Planning Technician, presented file number ZS-350-94, Cellular One Telecommunications Facility, Shrine Pass. She stated this was a request to locate a cellular communications facility Ease of Shrine Pass Road in Easternmost Eagle County on Forest Service land. She stated this will be a shared site with two sixty (60) foot antenna and a 12' X 2S' prefab building and a propane tank. She spoke to visual quality and the primitive road. Staff recommended approval with the following conditions: 01) Compliance with all of the U.S.F.S. conditions of permit approval. 02) A permanent height limitation of 76' and width limitation of 16' . 03) Antennae and satellite dishes attached to the tower shall be limited to 4' in diameter. 04) Additional communications users shall be permitted on the Cellular One monopole facility without additional County approval if the additions comply with the above stipulated height and width limitations and necessary approvals are obtained from the Forest Service for facility expansion. 05) Communications and accessory equipment (satellite dishes, ffilnl- antenna, etc) mounted on Cellular One buildings shall be permitted without additional County approval and shall be permitted without additional County approval ~rovided necessary approvals are obtained from the Forest Service for facillty expansion and the height of any addition is limited to 10' or less and must be obscured from the view of I-70 travelers. 06) Acquisition of the appropriate permits from Eagle County. 07) Compliance with Section 2.07.07: a) All storage of materials shall be within a building or obscured by a fence. b) No dust, noise, odor, glare and vibration shall be projected beyond the site. OS) Compliance with Division of wildlife referral comments: a) No construction until after July 1, at Shrine Pass site, unless approved for earlier construction activity by DOW. b) Any food or edible trash stored at the construction site must be in bear proof food boxes or trash containers. Commissioner Gates moved to approve file number ZS-350-94, Cellular One Telecommunications Facility, Shrine Pass, incorporating Staff findings and recommendations. Commissioner Jormson seconded the motion. The vote was declared unanlmous. ZS-351-94, Cellular One Telecommunications Facility, East Vail Ellie Caryl presented file number ZS-351-94, Cellular One Telecommunicatlons Facility, East Vail. She discussed site location and stated Staff recommended approval with the following conditions: 01) Compliance with all of the U.S.F.S. conditions of permit approval. 02) A permanent height limitation of 66' and width limitation of 16' . 03) Antennae and satellite dishes attached to the tower shall be limited to 4' in diameter. 04) Additional communications users shall be permitted on the Cellular One monopole facility without additional County approval if the additions comply with the above stipulated height and width limitations and necessary approvals are obtained from the Forest Service for facility expansion. 05) Communications and accessory eguipment (satellite dishes, mlnl- antennae, etc) mounted on Cellular One buildlngs shall be permitted without additional County approval provided necessary ap~rovals are obtained from the Forest Service for facility expansion and the helght of any addition is 3 limited to 10' or less and must be obscured from the view of I-70 travelers. 06) Acquisition of the appropriate permits from Eagle County. 07) Compliance with Section 2.07.07: a) All storage of materials shall be within a building or obscured by a fence. b) No dust, noise, odor, glare and vibration shall be projected beyond the site. 08) Any food or edible trash stored at the construction site must be in bear proof food boxes or trash containers. Commissioner Johnson moved to approve file number ZS-351-94, Cellular One Telecommunications Facility, East Site, incorporating Staff findings and recommendations. Commissioner Gates seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Patti Haefeli, Planning Technician, presented Resolution 94-85, file number PD-323-94-S/P, H & R Contracting, Inc. She stated this PUD was approved on May 31, 1994. Commissioner Gates moved to approve Resolution 94-85, file number 94-85, incorporatin$ Staff findings and recommendations. CommiSSloner Jormson seconded the motion. The vote was declared unanimous. Patti Haefeli ~resented Resolution 94-86, file number ZS-338-93, Goldsmith Private Airstrip. She stated this Special Use Permit was approved June 14, 1994. Commissioner Johnson moved to a~prove Resolution 94-86, file number ZS- 338-93, Goldsmith Private Airstrip, lncorporating Staff findings and recommendations. commissioner Gates seconded the motion. Commissioners Phillips and Gates voting aye, Commissioner Johnson abstained. Patti Haefeli presented Resolution 94-87, file number ZS-344-94, Kodiak Park. She stated this Special Use Permit was apI;>roved on April 19, 1994. commissioner Gates moved to approve Resolutlon 94-87, file number ZS- 344-94, Kodiak Park, incorporating Staff findings and recommendations. commissioner Johnson seconded the motion. The vote was declared unanimous. Patti Haefeli presented Resolution 94-88, file numbers PD-296-94-A and PD-296-94-P, Cottonwood PUD/Wildhorse PUD. She stated these files were approved on May 17, 1994. Commissioner Gates moved to approve Resolution 94-88, file numbers PD- 296-94-A and PD-296-94-P, incorporating Staff findin$s and recommendations. commissioner Johnson seconded the motion. COrrmlssioners Gates and Phillips voting aye and Commissioner Johnson voting no. Patti Haefeli presented final plat file number SM-908-94, Sopris View Apartments. She stated this plat subdivides Tract A, thereby creating Parcel III. Commissioner Johnson moved to approve final plat file number SM-908-94, Sopris View Apartments, incorporating Staff findings and recommendations. Commissioner Gates seconded the motion. The vote was declared unanimous. Patti Haefeli presented final plat, file number PD-100-93-A, Beaver Creek Correction Plat. She stated the purpose of this plat is to correct a technical error of the platted building envelope location. commissioner Gates moved to approve final plat file number PD-100-93-A, Beaver Creek Correction Plat, incorporating Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Grant Application, Juvenile Intervention Kim Andree, Eagle County Sheriff's Office, presented a grant application for the Juvenile Intervention/Tracking Project. She stated this is a second round grant and the Sheriff's Office is requesting $31,200.00 for two part time trackin$ individuals. Commissloner Gates asked if the Sheriff's Office had the personnel currently on staff. Ms. Andree answered no. She presented the acceptance of grant award for Juvenile Intake Screening. commissioner Johnson asked if anyone from the School District was sitting on the eight member advisory board. Ms. Andree answered no. She informed the Board the members on the Board are those involved with already delinquent children. Commissioner Johnson strongly stressed the need for a member from the School District to sit on the Board. Ms. Andree stated she will invite the School District to site on the Advisory Board. Commissioner Gates moved to approve the Grant Application, Juvenile Intervention and acceptance of a Grant Award for Juvenile Intake screening. Commissioner Johnson seconded the motion. The vote was declared unanimous. Bid Acceptance, Fencing at Fairgrounds Paul Gregg, Buildings and Grounds, presented the bid acceptance for fencing at the Ea$le County Fairgrounds. He stated the payment for the fencing project wlll be split three ways, Eagle County, Blackbird and the Gravel pit. Mr. Gregg stated there will be 1,670 feet of fence for a total price of $15,029.69. He stated Buildings and Grounds will be inspecting the work. Commissioner Johnson moved to approve the bid acceptance for fencing at the Eagle County Fairgrounds. The Chairman shall be authorized to sign a contract between Eagle County and Top Notch Fence, for a total amount of $15,029.69. Commissioner Gates seconded the motion. The vote was declared unanimous. 1041-027-94, Vail Mountain Water & Sewer Sid Fox presented file number l04l-027-94, Vail Mountain Water and Sewer Facilities. He stated this is a completeness hearing and fees will be established. He stated is application will connect the Vail Mountain System to the Vail Valley System, extendin$ new lines to various locations and provide water storage on the mountaln. Staff recommended the Board accept the application as complete and establish the estimated fees at $1,150.00. Joe Macy, Vail Associates, explained the extension of the sewer lines from Mid-Vail to Wildwood Restaurant and Patrol Headquarters. He stated the water line will be extended from Eagle's Nest Restaurant to Wildwood Restaurant and Patrol Headquarters. Mr. Fox stated the hearing is tentatively set for August 2, 1994. Commissioner Gates moved to accept the application of Vail Mountain Water & Sewer, file number 1041-027-94, as complete, set the estimated fees at $1,150.00. The hearing date has been scheduled for August 2, 1994. Commissioner Jormson seconded the motion. The vote was declared unanimous. Building pennit #6143, Appeal Mary Jo Berenato presented an appeal of a denial of building permit number 6143. She informed the Board the denial was December 28, 1993. Ms. Berenato related County Regulations state appeals shall be filed within thirty days of the denial. Jorm Poukish, applicant, asked if it made sense to resubmit the drawings 5 as is and start the process over again. Commissioner Johnson stated if the Board allowed this application to go forward a precedent would be set. John Goodman, Attorney representing the applicant, questioned why this matter was not brought to his attention at an earlier date. Ms. Berenato stated this matter had to come before the Board for a decision in order to allow the applicant to appeal the Board's decision in District Court. Commissioner Johnson moved to not accept jurisdiction of the appeal of denial of building permit #6143. Commissioner Gates seconded the motion. commissioners Phillips and Johnson voting aye and commissioner Gates abstained. Contract, Eagle Caoputer Systems Paul Clarkson presented a contract between Eagle County and Eagle Computer Systems. He stated this contract will be for the Commmity Development Computer System. Commissioner Johnson moved to authorize the Chai:rman to sign a contract between Eagle County and Eagle Computer Systems for a system for Community Development. Chai:rrnan Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates had left the meeting. There being no further business to be brought before the Board the meeting was adjourned until July 5, 1994. Attest: 6