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Minutes 07/23/2002 PUBLIC HEARING JULY 23, 2002 Present: Menconi Torn Stone Torn Moorhead Jack Ingstad Sara J. Fisher Commissioner Commissioner Commissioner County Administrator Clerk to the Board Absent: Michael Gallagher Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Pro-tern Menconi stated the first matter on the agenda was an Executive Session. Commissioner Stone moved to adjourn into an Executive Session to discuss the following: 1. Receiving legal advice on pending litigation, John Stauffer, threat oflitigation and claim for back pay, which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402 (4)(b) 2. Receiving legal advice on specific legal questions on Eagle County's legal obligation to the Mountain Glen Housing Corporation and negotiations relative to Rocky Mountain Management LLC, and developing strategy for negotiations relating to management of Mountain Glen Village which are appropriate topics pursuant to C.R.S. 24-6-402 (4)(b) and (e) 3. Receiving legal advice on acquisition of the real property ofNunn and Levine, which is an appropriate topic for discussion pursuant to c.R.S. 24-6-402( 4)(b), Colorado Revised Statutes. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Consent Calendar Chairman Pro-tern Menconi stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of July 22, 2002, subject to review by County Administrator B) Approval of payroll for July 25,2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of June 28, 2002 D) EPSDT Renewal Letter, Early, Periodic, Screening, Diagnosis and Treatment E) Agreement between the County of Eagle and Judy Edeen for Child Care Quality Improvement F) Retired and Senior Volunteer Program Continuation Grant G) Lease Agreement between Eagle County and the Aspen Community Theater H) Resolution 2002-093, Final Release of Collateral and Termination of the Warranty Period for Edwards Station I) Resolution 2002-094 authorizing the Final Release of Collateral and Termination of the Warranty Period for Com Construction 1 07-23-2002 J) Agreement between Eagle County and John P and Diana Donovan, regarding Cemetery Bridge Road K) Contract to Buy and Sell Real Estate between Eagle County and Mountain High Aviation L) Petitions to the Eagle County Board of Equalization M) Resolution 2002-095, Town of Vail Representation to the ECRTA Board of Directors N) Grant of Easements by Cordillera and Eagle River Mobile Home Park for Construction of County Trail in Edwards. (to be deleted) O)Residential Lease Agreement for 19214 Colorado River Road between Eagle County and Don and Cher Ivie P) Berry Creek 5th Recreation Fields Contract with B & B Excavating Q) Annual Sanitarian's Contract between the State of Colorado, Department of Public Health and Environment, Consumer Protection Division and Eagle County, Environmental Health Department, to conduct the Food Safety Program R) Public Trustee Software. Chairman Pro-tern Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Torn Moorhead, County Attorney, stated item P, Berry Creek 5th Recreation Fields Contract with B & B Excavating, needs to be pulled as it is not ready for Board approval. He suggested item L, Petitions to the Board of Equalization, be pulled and handled on its own following approval of the Consent Agenda. Commissioner Stone moved to approve the Consent Agenda as presented pulling items P and L. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's signature: Resolution 2002-096. To Approve The Site Specific Development Plan for the Recreation Tract C of the Berry Creek / Miller Ranch Planned Unit Development (Eaele County File No. PR-00019). The Board considered the applicant's request on July 2nd, 2002. Commissioner Stone moved to approve Resolution 2002-096, To Approve The Site Specific Development Plan for the Recreation Tract C of the Berry Creek / Miller Ranch Planned Unit Development, Eagle County File No. PR-000l9. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Statutory Report, CBOE, Assessed Value, Personal Property Jody Caruthers, Eagle County Assessor, presented the Statutory Report to the Board of Equalization of the total assessed value of personal property and action taken on each personal property appeals. She stated the first item in the packet is the Master Protest Log of those properties that were appealed. On the last page it shows that out of the 36 entries, 28 were adjusted and 8 were denied. The second part of the packet was the abstract of assessment showing the total assessed and actual valuations of all classes of property in Eagle County. The grand total of the taxable assessed value of Eagle County which is $2,208,888,250.00. The Board accepted the report. 2 07-23-2002 Interest Report, Second Quarter 2002 Karen Sheaffer, Eagle County Treasurer, presented the Interest Report for the second quarter of 2002. She presented a report from the County's Investment Advisor. Commissioner Stone asked what the County had projected. Ms. Sheaffer stated the County projected 1.9 million and they could still see that amount. She stated they are still about $200,000 under previous years. She stated with only 6 months of interest in it is hard to tell. She stated with investments at MBIA allows the County to achieve the most returns and allows the County's money to be very safe. The Board accepted the report. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Pro-tern Menconi seconded the motion. The vote was declared unanimous. State Bridge Lodge Earlene Roach, Liquor Inspector, presented the renewal of a tavern license for State Bridge Lodge Corporation, d/b/a State Bridge Lodge. She requested this matter be tabled to August 20, 2002 to continue with the investigation. Commissioner Stone questioned the nature of the file. Ms. Roach stated currently the hearing will be for a renewal but there will be lengthly discussion on the death of John Ambrose, who had a blood alcohol level of .320. Commissioner Stone moved to table the renewal of a tavern license for State Bridge Lodge Corporation, d/b/a State Bridge Lodge until August 20, 2002. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Board of Equalization. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Consent Agenda Item L, Petitions to the Eagle County Board of Equalization Torn Moorhead stated this is the Petitions to the Board of Equalization. He stated this identifies the hearing referree and the representative from the Assessor's Office. He stated the change that one of the hearings needed to be deleted when the Attorney representing the petitioner related they could not be present at that time. The report is now complete and there was a notice of decision that had a typographical error. Chairman Pro-tern Menconi asked about a motion at this time. Jody Caruthers stated John Harris is the appraisal coordinator in the Assessor's Office now. He replaced Max Schflaley. 3 07-23-2002 Commissioner Stone moved the BOE accept the findings as shown in Resolution 2002-E-2, with \ the minor changes as stated by County Attorney. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Abatements John Harris, Appraisal Coordinator, presented the following petitions for abatement for the following properties: 2001 Properties, LLC, schedule number R029457. Tax Year 1999, the original assessed value was $66, l20 with a tax amount of $3, 1 05.20 with an abatement of$51,200 and a tax amount 0[$2,404.52, leaving a balance of$14,920 with a tax amount of $700.68. For 2000, the original assessed value was $66,120 with a tax amount of$3,539.08, with an abatement of$51,200.00 and a tax amount of$2,740.48, leaving a balance of$14,920.00 and a tax amount of$798.60. Eugenia M. Grant LLLP, schedule number R045068. Tax year 2000; the original assessed value was $55,570 with a tax amount of$3,723.80, with an abatement of$34,750.00 with a tax amount of $2,328.64, leaving a balance of $20,820.00 with a tax amount of$l,395.16. Tax year 2001; the original assessed value was $65,920.00 with a tax amount of $4,036.42, with an abatement of$30,680.00 and a tax amount 0[$1,878.60, leaving a balance of$35,240.00 with a tax amount of$2,157.82. Annette & Borys Goldfrajch, schedule number R039472. Tax year 2000; the original assessed value was $70,270.00 with a tax amount of $4,840.40, with an abatement of$19,200 and a tax amount of$1,322.54, leaving a balance of$3,517.86. Tax year 2001; the original assessed value was $80,300.00 with a tax amount of$5,285.98, with an abatement of $20,520.00 and a tax amount of$1,350.78, leaving a balance of$59,780 and a tax amount of $3,935.20. Millennium Asset Management LLC, schedule number R014285. Tax year 2001; the original assessed value was $897,940.00 with a tax amount of$37,471.94, with an abatement of$467,090 and a tax amount of$19,492.14, leaving a balance of $430,850 and a tax amount of$17,979.80. Millennium Asset Management LLC, schedule number R006734 Tax Year 2002; the original assessed value was $39,490 with a tax amount of$1,587.58, with an abatement of$5,850 and a tax amount of$235.l8, leaving a balance of$33,640 and a tax amount of $1,352.40. William & Beth O'Neill, schedule number R015544. Tax year 2000; the original assessed value was $29,000 with a tax amount of$1,846.74, with an abatement of$19,260 and a tax amount of$1,226.48, leaving a balance of $9,740 and a tax amount of $620.26. Tax year 2001; the original assessed value was $52,200 with a tax amount of$3,164.68, with an abatement of$35,730 and a tax amount of$2,166.16, leaving a balance of$16,470 and a tax amount of $998.52. Patricia O'Neill, schedule number R008244. Tax year 2000; the original assessed value was $301,370 with a tax amount of$16,260.12, with an abatement of$35,150 and a tax amount of$1,896.48, leaving a balance of $266,220 and a tax amount of$14,363.64. 4 07-23-2002 Tax year 2002; the original assessed value was $375,540 with a tax amount of$19,463.12, with an abatement of$119,430 and a tax amount of$6,189.71, leaving a balance of$256,110 with a tax amount of $13,273.41. Patricia O'Neill, schedule number R008244 Tax year 1998; the original assessed value was $251,160 with a tax amount of$16,527.58, with an abatement of $30,880 and a tax amount of $2,032.05, leaving a balance of $220,280 and a tax amount of$14,495.53. Tax year 1999, the original assessed value was $303,280 with a tax amount of$17,434.06, with an abatement of$35,490 and a tax amount of$2,040.15, leaving a balance of $267,790 and a tax amount of$15,393.91. Commissioner Stone moved to approve the petitions for abatement as presented by the Assessor's Office. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to deny the petition for James A. Lyle, schedule number R050883, as recommended by the Assessor. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. AFP-00154, Grouse Bar Ranch, Parcel 2 Cliff Simonton presented file number AFP-OO 154, Grouse Bar Ranch, Parcel 2. He stated this was an Amended Final Plat, the purpose of which is to move the existing building envelope approximately 145 feet to the east. The size and configuration ofthe envelope will not change. This plat amendment will position the envelope more favorably on the lot in relation to existing topography, access and the applicant's desire to retain existing vegetation. The 100 foot lot line set back, as required by the Grouse Bar Ranch PUD Guide, will be maintained. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Adjacent Property. The proposed amendment does not adversely effect adjacent property owners. Letters have been submitted indicating the approval of all adjacent home owners. All adjacent property owners have been duly noticed, with no response. b. Final Plat Consistency. The proposed amendment is not inconsistent with the intent of the Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An improvements agreement is not applicable; and e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable. Chairman Pro-tern Menconi asked for public comment. There was none. Commissioner Stone moved the Board approve File No. AFP-00154, Grouse Bar Ranch, Parcel 2, incorporating staff findings and authorize the Chairman to sign the plat. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00094, Lot 8, Colorow at Squaw Creek Joseph Forinash, Planner, presented file number ZS-00094, Lot 8, Colorow at Squaw Creek. 5 07-23-2002 Questions and points of deliberation by the Planning Commission included the following: Brief discussion of nature of the recent lot re-configuration (1989) which created Lot 8A. Whether an additional well would satisfy Staff s concerns regarding legal and physical adequacy of water. (Staff response: yes) Whether the wildfire regulations currently under consideration be applicable to this site. The nature of the dispute with the neighbor regarding access to the shared well. The proposed special use is an accessory dwelling unit on a legal, non-conforming lot. The subject lot is 8.9 acres. Minimum lot size in the RL zone district is 20 acres. All permitted uses other than a single family dwelling, such as this accessory dwelling unit, require a special use permit. The Applicants propose to build an addition to an existing single family residence, with the resulting structure including an accessory dwelling unit. Complete details of the proposed structure have not been provided as part of this special use permit application, but will be required at the time of application for a building permit. The purpose of this application is to seek approval of an accessory dwelling unit as an additional use on the site. The chronology ofthe application is as shown on staff report and as follows: 1989 - Lot 8A, A Resubdivision of Lots 8A, 8B and llA of the Final Plat, A Resubdivision of Colorow at Squaw Creek., recorded 8/14/89. 1999 - Existing home was constructed. Referral responses are as follows and as shown on staff report: Eagle County Engineering No comments. Staff findings are as shown on staff report and as follows: File No. ZS-00094 Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: Section 5-250.B.1. Consistent with Master Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FL UM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY MASTER PLAN Environmental Open Space! Development Affordable Transportation Community FLUM Qualitv Recreation Housing Services Conformance X X X Non Conformance Mixed Conformance Not X X X X Applicable EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISIONSTATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: 6 07-23-2002 Housing is a community-wide issue Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. Development of local residents housing should be encouraged on existing. . . transit routes Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success It is important to preserve existing local residents housing Persons who work in Eagle County should have adequate housing opportunities within the county. Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs POLICIES: ITEM I YES I NO I N/A I I. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents X and workers in Eagle County 4. Additional rental opportunities for permanent local residents should be brought on X line. Some... should be for households with an income equivalent to or less than one average wage job 5. Seasonal housing is part ofthe problem & needs to be further addressed. It is X primarily the responsibility of. . . employers. . . 6. New residential subdivisions will provide a percentage of their units for local X residents 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference X will be for units on-site where feasible, or ifnot feasible, in the nearest existing community center. . . 8. The County will seek to make land available for local residents housing in proximity to community centers 9. Mixed use developments in appropriate locations are encouraged X 10. Factory-built housing is an important part of Eagle County's housing stock X II. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public X assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements 12. Eagle County recognizes that housing for local residents is an ongoing issue EDWARDS SUB-AREA PLAN Development Economy Housing Circulation Recreation Concents 7 07-23-2002 Conformance X X Non Conformance Mixed Conformance Not X X X Applicable EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X X X X Non Conformance Mixed Conformance Not X X X Applicable EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance Non Conformance Mixed Conformance Not X X X X X Applicable Alternative housing solutions, including accessory dwelling units, are generally encouraged by the Master Plan. The proposed accessory dwelling unit does not represent an inconsistency with any of the purposes, goals, objectives and policies of the Master Plan. The Future Land Use Map (FLUM) designates the area in which site is contained as "Countryside", and indicates an expected dwelling unit (DU) density range of from 1 DU per 2 acres to 1 DU per 35 acres. [+] FINDING: Section 5-250.B.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. Section 5-250.B.2. Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Other uses in the area are single family residences that are well distanced from each other on similar size or larger lots. On conforming (minimum 20 acres) lots in the RL zone district, accessory 8 07-23-2002 dwelling units are a permitted use with Limited (i.e., administrative) Review, reflecting the expectation that accessory dwelling units are likely to be compatible in this zone district. The size of this and other lots in the vicinity are such that the proposed use will be compatible with the surrounding land uses. [+] FINDING: Section 5-250.B.2. Compatibility. The proposed Special Use IS appropriate for its proposed location, and IS compatible with the character of surrounding land uses. Section 5-250.B.3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses, provides certain standards which must be met for all accessory dwelling units. The standards address [1] number of ADUs, [2] size and use, [3] location, [4] parking, [5] ownership, [6] dimensional limitations, and [7] adequate facilities. This Special Use Permit would allow one ADU on this lot. Certain other standards will be satisfied prior to issuance of a building permit. All standards of the RL zone district will continue to be applicable. [+] FINDINGS: Section 5-250.B.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. Section 5-250.B.4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. Given the residential nature of the proposed use, the size of the lot, and the nature of the surrounding area, an accessory dwelling unit will not create an adverse impact. Further, the nuisance provisions of the Land Use Regulations will continue to apply. [+] FINDING: Section 5-250.B.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. Section 5-250.B.5. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. This site is outside of the mapped critical wildlife habitat areas. Given the residential nature of the proposed use, the size of the lot, and the nature of the surrounding area, an accessory dwelling unit will not create an adverse environmental impact. [+] FINDING: Section 5-250.B.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. Section 5-250.B.6. Impact on Public Facilities. The proposed Special Use shall be 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. The proposed Special Use is adequately served by public facilities and services. A well exists on 9 07-23-2002 the site, and a septic system sized to serve a 5 bedroom structure is also in place. [+] FINDING: Section 5-250.B.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. Section 5-250.B.7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develooment Standards. The requirements of Article 4, Site Development Standards, are more generally applicable to the subdivision of land. These or similar requirements were met at the time of previous approval of the Colorow Subdivision, and are not the subject ofthis review. However, certain other requirements, such as the Natural Resource Protection Standards (Division 4-4) are applicable for review at the discretion of the Director of Community Development. There appears to be no significant adverse impacts in any of these discretionary areas. Other requirements, most notably parking, are subject to review. However, sufficient room is available on-site to easily accommodate the additional parking resulting from an accessory dwelling unit. [+] FINDING: Section 5-250.B.7. Site Development Standards. The proposed Special Use DOES comply with all the appropriate standards in Article 4, Site Development Standards. Section 5-250.B.8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. There are certain requirements of the Land Use Regulations that will be addressed as part of the building permit application for the expanded dwelling, including setbacks, maximum building heights, and so on. Adequacy of the individual sewage disposal system - which has a tank sized for an 8 bedroom residence, and a leach field sized for 5 bedrooms - will also be verified later, based on the proposed addition to the existing structure. It is Staff s understanding that the water well, located on this site and serving this residence, also serves a residence on the adjacent Lot 10, to the south. The Applicant has not demonstrated that the well is adequate - physically or legally - to serve two primary residences and an accessory dwelling unit. To preclude any undue adverse impact of an accessory dwelling unit, and as a condition of approval, the Applicant should be required to 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. [+] FINDING - Section 5-250.B.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. Michael Sanner, applicant, stated when they first bought the property they built the caretakers unit first and that is what was built and what they have been living in. He stated what they would be building now would be the main house. He stated there are two meadows that are connected and there was no land to clear and the property is hidden from the Town. He stated a lot of properties in the area are less than 20 acres. Chairman Pro-tern Menconi asked for public comment. There was none. Commissioner Stone spoke to the letters on file that speak to access to the well. He questioned staff on the proposed access. Mr. Forinash stated that is a private matter. Mr. Sanner stated they have been dealing with one neighbor concerning access to the well. He stated they have not been using the access indicated but have been driving through what will be their 10 07-23-2002 front yard. That will not be possible once construction starts. Commissioner Stone asked the County Attorney if the Board should not get into this if it is a private matter. Mr. Moorhead stated that is correct. Commissioner Stone move that the Board approve File No. ZS-00094, Lot 8 Colorow at Squaw Creek, with the following conditions: 1. 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. 2. 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. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. AFP-00152, Cordillera Subdivision, Filing 35 Jena Skinner, Planner, presented file number AFP-00152, Cordillera Subdivision, Filing 35. She stated the intent of this plat is to reconfigure the building envelope on lot 5 to accommodate proposed, external building features such as patios, water features, and a hot tub. The building envelope will not . .. Increase In SIze. Ms. Skinner stated staff received a request to table this matter as the neighboring property owner has some concerns the applicant would like to address. Commissioner Stone moved to table file number AFP-00152, Cordillera Subdivision, Filing 35, to August 13, 2002. Commissioner Stone moved the Board approve File No. AFP-00152, Cordillera Subdivision, Filing 35, incorporating the findings and authorize the Chairman to sign the plat. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until July 30, 2002. Attest: Clerk to the Board 11 07-23-2002