HomeMy WebLinkAboutMinutes 01/28/14 PUBLIC HEARING
January 28, 2014
Present: Jill Ryan Chairman Pro-Tern
Kathy Chandler-Henry Commissioner
Keith Montag County Manager
Bryan Treu County Attorney
Teak Simonton Clerk to the Board
Kathy Scriver Deputy Clerk to the Board
Absent: Sara Fisher Chairman
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Chairman Pro-Tern Ryan spoke about the San Juan County,Washington challenge; the winner would
auction off the prize or donate the winnings.
Consent Agenda
Chairman Pro-Tern Ryan stated the first item before the Board was the Consent Agenda as follows:
1. Approval of Bill Paying for the Week of January 27, 2014 (Subject to Review by the Finance Director)
John Lewis,Finance
2. Approval of Payroll for February 6,2014(Subject to Review by the Finance Director)
John Lewis,Finance
3. Agreement for Professional Services between Eagle County and the Vail Valley Jet Center, Inc., for
General Aviation Landing Fee Collection
Chris Anderson, Airport
4. Intergovernmental Agreement between Eagle County and Pitkin County for CSU Extension
Horticulture/Small Acreage Management Services
Rita Woods,Health&Human Services
Glenda Wentworth, CSU Extension
5. Final Settlement of Contract with ColWest Roofing and Water Proofing Company for the Eagle County
Building Roof Replacement
Rick Ullom,Project Management
6. Agreement between Eagle County and the Town of Gypsum for Use of Eagle County's 800 MHz Wide
Area Smartzone Trunked Radio Services
Barry Smith, Emergency Management
Glenda Wentworth spoke about item 4,the agreement between Eagle County and Pitkin County for
horticulture services. Jeff Pieper had been with the county since September and would be donating 20%of his time
in Pitkin County.
Mr.Pieper spoke about his recent tour of Pitkin County and some of the programs he'd been working on.
1
01/28/2014
Commissioner Chandler-Henry moved to approve the Consent Agenda for January 28, 2014, items 1-6,as
presented.
Chairman Pro-Tern Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Citizen Input
Chairman Pro-Tern Ryan opened citizen input.
Barbara Allen believed someone needed to protect the kids and either the board or the drug cartel was
keeping the public from speaking. She'd gone to the schools and was told that teachers could not speak to her
about the subject. She believed that she must keep speaking. She went to the Golden Eagle and was told she could
not speak. She believed that Chairman Fisher's intimidation tactics may have worked before but she would not let
her intimidate her because lives depend on her. She spoke about Commissioner Ryan's data on medical marijuana
and recreational marijuana should not be compared to medical marijuana. The board needed to consider the
evidence in Denver on recreational marijuana. She asked Brian Treu if a child were killed in Edwards because of
marijuana, whether the countycould be sued. She asked that the board to take recreational marijuana out of
Edwards.
Commissioner Ryan stated that there was nothing pending before this board,the board took public
testimony and voted on the issue allowing a limited number of retail marijuana shops and the cultivation,
manufacturing, and testing through special use permit. The board considered the matter closed.
Michael Cacioppo spoke. It was his opinion the commissioners' treatment of Barbara Allen at the last
meeting was harsh. Ms. Allen was trying to keep marijuana retail shops away from schools. He believed that just
because the matter was closed should not prevent a citizen from being able to continuously ask the board to
reconsider the vote. Ms. Allen was a conserved citizen entitled to her point of view. He would always defend
people even if he disagreed with them of their right to speak. He defended what Ms. Allen wrote in her
advertisement and believed her statements were pointed, and the information was accurate.
Commissioner Chandler-Henry stated that the regulations that had been implemented were intended to
protect the public health, safety,and welfare and would be monitored as things progressed. The county was
working with the largest youth serving nonprofit to work on an educational campaign for students,parents, and
families.
Ms.Allen stated that her article was meant to challenge the board not be hurtful.
Chairman Pro-Tern Ryan closed citizen input.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners
and re-convene as the Eagle County Housing and Development Authority.
Chairman Pro-Tern Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Eagle County Housing and Development Authority
7. Agreement for On-call Services between Lake Creek Village LLC and Meadow Mountain Plumbing and
Heating Service,Inc.
Jill Klosterman and Bill Wright,Housing
Ms.Klosterman spoke about the services needed surrounding the boilers. This contract should take care of
the deferred maintenance of the boilers. It did not include full replacements.
Commissioner Chandler-Henry moved to approve the agreement for on-call services between Lake Creek
Village,LLC and Meadow Mountain Plumbing and Heating Service,Inc.
Chairman Pro-Tern Ryan seconded the motion. The vote was declared unanimous.
2
01/28/2014
Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development
Authority and re-convene as the Board of County Commissioners.
Chairman Pro-Tern Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
8. Resolution 2014-005 Annual Appointments
Bryan Treu,Attorney's Office
Mr. Treu highlighted the resolution.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2014-
ANNUAL APPOINTMENTS RESOLUTION
WHEREAS,the Board of County Commissioners of the County of Eagle, State of Colorado(hereinafter
"the Board"), desires to make certain necessary administrative appointments and designations for the terms
specified hereinbelow; and
WHEREAS, it is necessary that the Board designate official legal depositories for the County of Eagle,
State of Colorado, for fiscal year 2014,pursuant to Sections 24-75-603 and 30-10-708, C.R.S.; and
WHEREAS,the following appointments and designations do not constitute contractual obligations of the
County of Eagle nor of the Board, and the County and the Board are not legally bound for the respective terms of
appointment or designation as specified hereinbelow,the County,by and through the Board, having the authority,
in its sole discretion,to change, add, or abolish such appointments and designations and to fill vacancies,therefore,
as it sees fit.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF EAGLE, STATE OF COLORADO:
• THAT, Commissioner Jillian H.Ryan be and is hereby elected Chairman of the Board of County
Commissioners of the County of Eagle, State of Colorado, in accordance with Section 30-10-307, C.R.S.
THAT, Commissioner Sara J.Fisher be and is hereby elected Vice Chairman of the Board of County
Commissioners of the County of Eagle, State of Colorado,to preside,in the absence of the Chairman, at all
meetings of the Board and to sign all County orders concerning matters submitted to the Board or connected with
its powers and duties.
THAT, Keith P.Montag be and is hereby appointed Eagle County's representative and Sara J.Fisher be
and hereby is appointed as alternate representative of Northwest Colorado Council of Governments.
THAT, Kathy Chandler-Henry be and is hereby appointed as Eagle County's representative member to
QQ and Ray Merry be and is hereby appointed as alternate representative.
THAT,Kathy Chandler-Henry be and is hereby appointed Eagle County's representative and Sara J.
Fisher be and is hereby appointed as alternate member to the Ruedi Reservoir Water and Power Authority.
THAT, Keith P. Montag be and is hereby appointed Eagle County's representative and Sara J. Fisher be
and is hereby appointed as alternate member to the Eagle County Regional Transportation Authority pursuant to
Eagle County Resolution No. 96-22.
3
01/28/2014
THAT,Kathy Chandler-Henry be and is hereby appointed Eagle County's representative and Sara J.
Fisher be and is hereby appointed as alternate member to the Roaring Fork Transportation Authority.
THAT, Sara J.Fisher be and is hereby designated as Eagle County's representative to the Eagle River
Youth Coalition.
THAT, Caroline Bradford and Kathy Chandler-Henry be and are hereby designated as Eagle County's
representatives to the 1177 Water Roundtable Committee.
THAT,Jillian H.Ryan be and is hereby designated as Eagle County's representative to the Economic
Council of Eagle County.
THAT, Kathy Chandler-Henry and Jillian H.Ryan be and are hereby appointed Eagle County's
representative members to the Partnership for Education.
THAT, Sara J.Fisher be and is hereby appointed as an Eagle County representative member to the Board
of Directors of Golden Eagle Elderly Housing Corporation.
THAT,Jillian H.Ryan be and is hereby appointed as an Eagle County representative, and Toni Rozanski
be and is hereby appointed as the alternate representative to the Community Services Block Grant Board.
THAT, Kathy Chandler-Henry be and is hereby appointed as Eagle County's governmental
representative, Chris Romer be and is hereby appointed as stakeholder representative,and Jillian H.Ryan be and
is hereby appointed as the alternate stakeholder representative to the Northwest Colorado Council of
Governments Economic Development District Board of Directors.
THAT,Jillian H.Ryan be and is hereby appointed as an Eagle County representative member to the Board
of Directors of Eagle Riverview Affordable Housing Corporation.
THAT,Kathy Chandler-Henry be and is hereby appointed as an Eagle County representative member to
the Board of Directors of Lake Creek Affordable Housing Corporation.
THAT,Kathy Chandler-Henry,Sara J.Fisher and Jillian H.Ryan be and are hereby appointed
commissioners of the Eagle County Housing and Development Authority, serving ex officio pursuant to C.R.S.
29-4-504(2).
THAT, Sara J.Fisher and Kathy Chandler-Henry be and are hereby appointed Eagle County's
representatives and Jillian H.Ryan be and is hereby appointed as alternate member to the Berry Creek/Miller
Ranch Design Review Committee.
THAT,Jon Stavney be and is hereby appointed Eagle County's representative to the Colorado River
Water Conservation District.
THAT,Keith P.Montag be and is hereby appointed the Eagle County Manager, in accordance with
Section 30-11-107, C.R.S.
THAT, Keith P.Montag or his designee be and is hereby appointed the Eagle County Budget Officer,
in accordance with Section 30-11-107,C.R.S. and Section 29-1-104, C.R.S..
THAT,Bryan R.Treu be and is hereby appointed the Eagle County Attorney,in accordance with
Section 30-11-118, C.R.S.
THAT,Bryan R.Treu be and is hereby appointed the Eagle County Civil Rights Officer.
4
01/28/2014
THAT,Bryan R.Treu be and is hereby appointed Eagle County's representative to the Community
Corrections Board for the Fifth Judicial District and Christina Hooper is appointed alternate representative.
THAT, Gordon Adams be and is hereby appointed the Eagle County Road and Bridge Supervisor for
all roads constituting the County roadway system, in accordance with Section 43-2-111, C.R.S.
THAT,Rachel Oys be and is hereby appointed Eagle County Director of Social Services,in accordance
with Sections 26-1-115 and 26-1-117(1), C.R.S.
THAT,Jennifer Ludwig be and is hereby appointed Eagle County Director of Public Health, in
accordance with Section 25-1-508(5)(c)(1), C.R.S.
THAT,Rita Woods be and is hereby appointed Secretary to the Eagle County Board of Social Services,
in accordance with Section 25.5-1-117(1), C.R.S.
THAT,Jennifer Ludwig be and is hereby appointed Secretary to the Eagle County Board of Health,in
accordance with Section 26-1-117(1), C.R.S.
THAT, Kent Petrie,M.D.be and is hereby appointed the Eagle County Health Officer,in accordance
with Section 25-1-508 (5)(c)(1), et seq., C.R.S.
THAT, Caroline Murphy be and is hereby appointed Eagle County's representative member to the Board
of Directors of the Northwest Colorado Options for Long Term Care.
THAT,Kathy Chandler-Henry be and is hereby appointed Eagle County's representative member and
Jillian H.Ryan be and is hereby appointed as alternate member to the Rural Resort Workforce Investment
Board.
THAT,Barry Smith be and is hereby appointed Eagle County Emergency Management Director.
THAT,the appointments herein, shall be for fiscal year 2014 and continue until further order of the Board.
THAT,the Board acknowledges that it has established various administrative departments and designated
directors thereof deemed necessary by the Board for the efficient management of the business and concerns of the
Eagle County government; however,the Board finds,determines and declares that the normal appointment of such
department directors, including those set forth herein under the direct supervision of the County Manager, may be
replaced by the County Manager at any time he or she deems appropriate pursuant the authority granted to the
County Manager by this Board. No appointment herein shall be deemed an employment term or any other type of
employment contract.
THAT,the County Treasurer of Eagle County be, and hereby is, authorized and approved to deposit all
funds and monies of whatever kind that come into the Treasurer's possession by virtue of the office in his/her name
as such Treasurer in any legal depository as designated by the current Eagle County Investment Policy adopted by
Resolution No. 98-02 and any amendment thereto subsequently adopted by the Eagle County Board of
Commissioners.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public
health, safety and welfare of the residents of the County of Eagle, State of Colorado.
Commissioner Chandler-Henry moved to adopt the Annual Appointments Resolution.
Chairman Pro-Tem Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
5
01/28/2014
Planning Files
9. VIS-4434 Ute Forest Subdivision Variance
Taylor Ryan,Engineering
Ken and Dagmar Huber; Sean and Jinger Cozzens, Applicants
Action: The purpose of this Variance from Improvement Standards is to allow construction of residences on two
lots in Ute Forest served by Ute Forest Road which does not meet county standards.
Location: West Squaw Creek, Edwards area
TITLE: Ute Forest Subdivision Variance
FILE NO.: VIS-4434,Variance from Improvement Standards
RELATED FILE NOS.: RES-2-13-8607—Huber Residence
LOCATION: West Squaw Creek,Edwards, CO
OWNER: Ken and Dagmar Huber; Sean and Jinger Cozzens
APPLICANT: Ken and Dagmar Huber; Sean and Jinger Cozzens
REPRESENTATIVE: Jinger Cozzens&Ken Huber
STAFF CONTACT: Taylor Ryan,Engineering Department
1) PROJECT DESCRIPTION
A. SUMMARY:
Ute Forest is a legally conforming subdivision created outside of the County prevue consisting of nine, 35-
acre parcels located at the end of West Squaw Creek Road. The legal name is Ute Forest at West Squaw
Creek on the plat filed with the Clerk and Recorder in 1989. Since then,residences have been constructed
on six of the nine properties(most recently in 2001). In February of 2013, a building permit was submitted
for a new residence on Lot C3. During the review of that permit,we determined that the roads accessing
the property did not meet county standards, and those roads were never approved by the County.
Ute Forest is located at the end of West Squaw Creek Road. From there,Ute Forest Road is the main
access road that begins with a series of switchbacks to access the neighborhood and directly serves 6 of the
9 properties. There is one additional internal spur road, Chipeta Way,which serves the remaining 3
properties.
Ken and Dagmar Huber and Ginger and Sean Cozzens(Applicants) each own a property in Ute Forest and
both desire to construct a single-family residence on their property. Section 4-620.J.9.c(4)of the Eagle
County Land Use Regulations requires that access roads serving more than three residences meet
applicable Eagle County Road Standards. The Applicant is seeking several Variances from Improvement
Standards including Dual Access(ECLUR 4-620.J.1.h)and Road Improvement Standards (ECLUR 4-
620.J).
The Standards for a Variance from Improvement Standards are found in ECLUR 5-270.G.2:
In determining whether to approve, approve with conditions, or disapprove the application for Variance
to Improvement Standards, the Board of County Commissioners shall balance the hardships to the
applicant of not granting the Variance against the adverse impact on the health,safety,and welfare of
persons affected, and the adverse impact on the lands affected. In approving or approving with
conditions said Variance, the Board of County Commissioners may impose such conditions that are
necessary to ensure compliance with the terms of this Subsection, these Regulations, and the
Comprehensive Plan.
6
01/28/2014
B. CHRONOLOGY:
August 2, 1989 Ute Forest Corrected Plat filed with Clerk and Recorder
2001 Last house constructed in Ute Forest
September 26,2012 Ken and Dagmar Huber purchase Lot C3
March 26,2013 Ken Huber notified that a variance is required prior to approval of building permit for
a new single family residence on Lot C3
July 10,2013 Discussion with Jinger Cozzens regarding the need for a variance prior to constructing
in Ute Forest _
July 30,2013 Sean and Jinger Cozzens purchase Lot Al
August 5,2013 VIS Application submitted by Ken and Dagmar Huber
October 14,2013 The Cozzens become co-applicants with the Hubers
August 9,2013 Application deemed insufficient,additional information requested
November 18,2013 Application sufficient and sent out for referral
December 14,2013 Applicant responds to referral comments,hearing scheduled
C. SITE DATA:
Surrounding Land Uses/Zoning:
East: Private Property(Resource and Resource Limited zoned) _
West: Private Property(Resource zoned) _
North: BLM _
South: Private Property(Resource and PUD zoned)
Existing Zoning: Resource _
Proposed Zoning: Resource
Proposed No.of Dwelling Units: 2 single family residences _
Total Area: 70.2 acres _
Water: Well
Sewer: Individual Septic _
Access: West Squaw Creek Road _
2. STAFF REPORT
A. REFERRAL RESPONSES
The referral notice was distributed on November 18, 2013 and Adjacent Property Owners Letters were
distributed on January 3, 2014. The following section references all responses to Eagle County prior to the
date of this writing:
Eagle County Engineering Department—Please refer to attached Review of Road Evaluation Report
dated July 24,2013. This letter identified the items for which variances are required.
Eagle County Wildfire Mitigation Department—Provided referral response letter on December 11,
2013, and updated that letter with following discussion with Cordillera on January 13,2014(attached).
Eric Lovgren identifies additional mitigation measures for wildfire protection.
Eagle River Fire Protection District—Please refer to attached referral response letter dated December 12,
2013. The Fire District explains that they will always respond when needed in Ute Forest,but their
response may be delayed because of the quality of the roads.
Eagle County Paramedic Services—Please refer to attached referral response letter dated December 20,
2013. The Paramedic Services will also always respond when called,but they may be delayed in arriving
in Ute Forest due to weather or the road conditions.
Tim Scully,Ute Forest HOA President—See attached response e-mails dated November 14, 2013,
supporting the variance for these two lots, and dated December 16,2013, supporting the recommendations
7
01/28/2014
agreed to by the Applicants although anything required by the HOA will be presented at the spring meeting
•
for a vote.
Diana Donovan—Please refer to attached letter in response to dual access inquiry dated December 12,
2013. They will not grant any legal access across their property.
Anger Cozzens—Please refer to attached letter in response to referral recommendations dated December
14,2013. In this letter,the Applicants summarize the referral suggestions and explain if and how they will
implement the suggestions.
B. STAFF DISCUSSION:
Section 4-600 of the ECLUR defines the purpose of improvement standards as the minimum design criteria
and standards for infrastructure development in unincorporated Eagle County. The criteria and standards
are intended to protect and promote the public health, safety and welfare of the residents and visitors of
Eagle County.
The Applicants are proposing 2 single-family residences in addition to the existing 6 single-family
residences and 2 accessory-dwelling units currently in Ute Forest. Outside of this request,there is the
potential for 1 additional single-family residence, and 7 additional accessory dwelling units.
1. Dual Access.ECLUR Section 4-620.J.1.h:
With the exception of properties proposed to be served from the public roadway system by
driveways or by urban cul-de-sacs, two(2)points of ingress/egress to the public roadway system
shall be provided, such that in the event a road within the subdivision becomes impassable, all
properties will continue to have access to a public roadway system. Both points of access should
be open and available for daily use. In the event that this is not possible, and at a minimum, there
shall be provided a secondary emergency point of ingress/egress equipped with emergency
breakaway barriers capable of accommodating emergency response vehicles commonly operated
by the Local Fire Authority Having Jurisdiction for all new development or redevelopment.
Secondary emergency access points must be kept free of obstruction, and must be maintained to
assure year round use. Depending upon the length of the road, the wildfire hazard rating, the
number of units proposed, the topography and the recommendation of the Local Fire Authority
Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance
from this required improvement standard.
Currently there is no secondary route for ingress/egress to Ute Forest. This has been identified as
deficiency in the existing access to the neighborhood to be addressed. Dual Access was also identified as a
concern by the County Wildfire Mitigation Manager,Eric Lovgren, and is a recommendation of the Eagle
River Fire Protection District's Community Wildfire Protection Plan.
Any route for dual access to Ute Forest will require approval from the adjacent property owners,and the
applicants have reached out to the adjacent property owners without success. We received a letter from the
property owner to the east of the Huber's lot stating that they will not provide a secondary access route.
Attempts to contact the owners of Diamond Star Ranch to the west of Ute Forest have not been successful.
We requested that the applicants and the HOA continue to work on getting a secondary access through
Diamond Star Ranch,but this is not included as a condition of this application.
Cordillera has an access and utility easement that connects to the end of West Squaw Creek Road, and Eric
Lovgren has contacted them about allowing the residents of Ute Forest to use that route as a secondary
access from West Squaw Creek Road. As of this writing,both Cordillera and Ute Forest are agreeable to
this idea,but there is not yet a written agreement.
8
01/28/2014
Additionally,the applicants have agreed to work with the Eagle County Wildfire Mitigation Manager to
perform fuel reduction work along the access roads, employ wildfire mitigation strategies for new
construction which will be performed on a case by case basis during the building permit process, and to
install reflective addressing at the entrance to their driveways. This work would be completed prior to the
issuance of a certificate of occupancy for either property.
2.Road Design Standards.ECLUR Section 4-620:
For this review,we determined that the County Road Standard for a Rural Minor Collect type VI(RMC
VI) is applicable. Below is a table comparing the existing road conditions provided by the Applicants with
the geometric dimensions defined by the ECLUR Improvement Standards.
Road Standards Comparison for Ute Forest
Standard Existing RMC VI
Minimum Road Width 12 ft; 2—9 ft lanes=
Average 16 ft 18 ft total
Shoulder Width Varies 2 ft
Maximum Grade 16%-20% 10%
Minimum Switchback Radius 35 ft 60 ft
Max Grade through 6%- 12% 6%
Switchback
Structural Section 6 in+/-ABC 6 in ABC
Center of Road to Face of 6-8 ft 12 ft
Guardrail
Structure Clear Width from 6-8 ft 10 ft
Center
In order to proceed with their desire to construct new residences,the applicants are not proposing any
changes to the current geometry of the Ute Forest roads and are requesting Variances for the road width,
shoulder width,maximum grade, switchback radius,maximum grade through the switchbacks,distance
from the center of the road to the guardrail, and the distance from the center of the road to any structures.
During the review and referral there were a number of mitigations suggested to improve the existing
conditions, and the applicants response letter outlines the items they have agreed to implement. The items
they have agreed to install include additional signage such as"No Parking/Fire Lane","No Passing"for
narrow road sections, and signs informing road users of the distance to the next turn around and creating
turn-arounds on their properties. The remainder of the suggestions requires the approval of the HOA, and
those items are year-round maintenance of the roads,maintenance of the roadside drainage and culverts,
inspection and maintenance of the guardrail, and keeping all snow storage off of the roadway. The
applicants have agreed to work with the HOA to implement these processes,but it will require approval by
the HOA at their next meeting(spring of 2014).
C. STAFF FINDINGS:
Section 4-600 of the ECLUR defines the purpose of improvement standards as the minimum design criteria
and standards for infrastructure development in unincorporated Eagle County. The criteria and standards
are intended to protect and promote the public health, safety and welfare of the residents and visitors of
Eagle County.
Further, Section 4-610.A.2 of the ECLUR states:
Standards Are Not Inflexible. These design criteria and standards provide a certain level of
performance; however, they are not inflexible. If an alternate design,procedure, or material can
be show to provide performance and/or environmental sensitivity which reflects community values
equal to or better than that established by these standards, said alternative may be recommended
9
01/28/2014
for approval by the County Engineer. In evaluating the proposed alternate the County Engineer
shall follow the procedures in Section 5-260.G., Variance from Improvement Standards. The
County Engineer's evaluation shall consider whether the alternative will provide for an equivalent
level of public safety and whether the alternative will be equally durable so that normally
anticipated user and maintenance costs will not be increased.
However,we must also consider that the Board of County Commissioners has adopted Resolution No.
2009-115 in response to numerous and substantial public safety concerns recommending strict enforcement
of the ECLUR Improvement Standards with the opportunity for the applicant to appeal to the board for a
Variance to these Standards.
Dual Access
In order to acquire dual access,the Applicants must get agreement from adjacent property owners to grant
access the adjacent property. So far, only the discussions with Cordillera Public Safety have progressed
toward that end. The Donovan's provided a letter stating they would not grant access, and there has been
no response from Diamond Star Ranch although the Ute Forest neighborhood will continue their attempts
to reach Diamond Star Ranch.
One of the concerns related to dual access is the ability to access this area to fight a fire, and to that end,the
applicants are willing to perform fuel reduction work along the access roads in Ute Forest, and they will
also implement the wildfire mitigation strategies identified during the building process.
Road Design Standards
The access roads have served this neighborhood since it was constructed in 1989, and the current residents
and HOA do not want to make substantial changes to the roads. According to the emergency service
providers,they will serve and attempt to access these properties,but they may not be able to provide a
timely response in less than ideal conditions. Considering that information,the Applicants have not
suggested any work to remedy the sub-standard geometry of the road,but they have agreed to provide
additional signage to inform road users of the sub-standard aspects of the road. The Applicants will also
work with the HOA to continue and improve the maintenance program for the Ute Forest Roadways.
It is the opinion of the Engineering Department that, if the BoCC finds that a Variance from Improvement
Standards is justified due to hardship,the sub-standard geometric features of the existing road can serve the
9-lot subdivision.
Board of County Commissioners Findings
The Board of County Commissioners must make the following finding in order to approve or deny this file:
(ECLUR 5-260.G.2.)
In determining whether to approve, approve with conditions, or disapprove the application for
Variance from Improvement Standards,the Board of County Commissioners shall balance the
hardships to the applicant of not granting the Variance against the adverse impact on the
health, safety, and welfare of persons affected,and the adverse impact on the lands affected.
In approving or approving with conditions that are necessary to ensure compliance with the terms
of this Subsection,these Regulations, and the Comprehensive Plan.
D. BOARD OF COUNTY COMMISSIONERS OPTIONS:
1. Approve the [VARIANCE] request without conditions if it is determined that the petition will not
adversely affect the public health, safety, and welfare and the proposed use is attuned with the
immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance
10
01/28/2014
with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County
Comprehensive Plan(and/or other applicable master plans).
2. Deny the [VARIANCE] request if it is determined that the petition will adversely affect the public
health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and
nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle
County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan
(and/or other applicable master plans).
3. Table the [VARIANCE] request if additional information is required to fully evaluate the petition.
Give specific direction to the petitioner and staff.
4. Approve the [VARIANCE] request with conditions and/or performance standards if it is
determined that certain conditions and/or performance standards are necessary to ensure public, health,
safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and
nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County
Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other
applicable master plans).
DISCUSSION:
Mr. Ryan presented the request. He presented a letter received today indicating that the Cordillera Club
approved of the proposed emergency access from West Squaw Creek Road into Cordillera. Sean & Ginger
Cozzens, owners of Lot A-1 and Ken & Dagmar Huber, owners of Lot C-3 were present. The Ute Forest was
divided into 9 lots in 1989 and the access roads were constructed at that time. Six of the nine properties had
residences constructed, including 2 with ADUs. The applicant was requesting a variance for dual access and road
improvement standards for two of the properties, not the entire neighborhood. He explained the standards for a
variance from Improvement Standards found in the Eagle County Land Use Regulations. The board must balance
the hardships to the applicant of not granting the variance against the adverse impact on the health, safety, and
welfare of persons affected, and the adverse impact on the lands affected. He presented the 3 options for dual
access; which included access through Donovan property, access through Diamond Star, and access from west
Squaw Creek Road into Cordillera. He indicated that although Cordillera would allow the residents to access the
property via Squaw Creek Road, it did not meet the standard but was helpful. The biggest concern was the series of
switchbacks on Ute Forest Road. He showed pictures of the existing road. The shoulder widths varied and the road
grades were steep in some areas. There were no substantial road improvements proposed. The applicants agreed to
post signage warning of no parking, not passing, etc. Driveway connections would be designed and constructed
such that the connections could function as turnarounds for motorists and emergency vehicles. He reviewed the
referral responses. The applicants agreed to work with the County Wildfire Mitigation Manager to preform fuel
reduction work along the access road.
Eric Lovgren stated that he'd worked with the applicant. The area rated high and was conducive to
wildfire. He believed there was a potential to create a safe escape route. Per the fire regulations and building
permit level there was a way to create defensible space around each of the homes and fire resistant construction.
He proposed conditions related to fuel reduction in the area and possible funding through potential grant
mechanisms and other opportunities. The Cordillera option was reasonable.
Commissioner Chandler-Henry asked about the fuel load in the area.
Mr. Lovgren stated that there were dense aspens,berry brush,dense gamble oak,tall grass and sage.
Commissioner Ryan wondered if there was an option to create a shelter in place.
Mr. Lovgren believed that the property owners would be gone in advance of a large fire.
Commissioner Chandler-Henry asked Mr. Lovgren if he agreed with the proposed conditions.
Mr. Lovgren stated that he crafted them.
Mr. Ryan presented the board's options and read the proposed conditions.
Ms. Ayres-Oliver reiterated that the board could not consider the impact of the proposed homes, only the
impacts of the variance.
Ms. Huber stressed that the variance was for the Huber and Cozzens residents only. She wondered if
Chairman Fisher vote was required for an approval.
11
01/28/2014
Ms. Ayres-Oliver stated that two was a quorum and all that was required for a vote.
Dagmar Huber explained the reason for living in the area and reason for the request. They believed they
did everything right. They were unaware of any problems. They were in full support of the fire mitigation and a
continuing process. They hoped to obtain some grant funding for wildfire fuel mitigation work. They worked
diligently to get dual access but it would have been costly. They would comply with all zoning requirements. The
road standards made more sense in a new construction scenario. They would like to improve the road and
surrounding area but wished to maintain the rural character of the area. The process had been long and a financial
strain. They believed that the lengthy and expensive process made it difficult for the average Eagle County citizen
to build in the county. They received letters of support from the fire department and paramedic department.
Ken Huber stated that he supported Ms. Huber's statements. He spoke about the multiple meetings with
the county and that there was nothing mentioned about the need for a road variance until many months into the
process. He believed it had been a long drawn out process.
Sean Cozzens stated the he and his wife purchased their property in July of 2013. The hurdle was large but
they were working through the process. This was their dream and they had no desire to put themselves or their
children in harm's way. They would make all efforts to take the advice and comply with any of the requirements.
They hoped to start with a small modest home and build a larger home later. He wondered if he would have to go
through this process a second time.
Mr. Ryan believed that any residenceswould require a variance if the roads did not meet the standards.
Ms. Ayres-Oliver stated that the board was considering the variances for 2 properties. It was not a blanket
variance for the subdivision.
Commissioner Ryan committed to looking into the question.
Commissioner Chandler-Henry appreciated the comments made by the applicant with regards to the
process. Perhaps that process could be considered because it was not the intent of the county to burden the citizens.
She spoke about a letter received from the Eagle County Ambulance District and wondered whether there had been
follow-up regarding any specific concerns.
Mr. Cozzens stated that the letter was the last thing he received.
Commissioner Chandler-Henry asked about ongoing maintenance with the road.
Ms.Huber stated that a maintenance agreement plan had been submitted.
Tim Scully, Ute Forest HOA president stated they had a maintenance agreement for years. The road had
been improved by thousands of dollars a year. The maintenance was up to specifications.
Mr. Ryan stated that the reason the other homeowners were not requesting a variance was because they
built before the requirements were in place. The HOA was not interested in being a party to this request.
Ms. Ayres-Oliver stated that the subdivision was platted in 1989 and were 35 acre lots which did not go
through the county review process because they were exempt. She asked Bob Narracci to clarify whether a lot
owner could build a smaller home now and in 5 or 6 years build a larger home.
Mr. Narracci believed the variance ran with the land indefinitely and they would be entitled to all of the
uses by right.
Commissioner Chandler-Henry asked about traffic count study on West Squaw Creek Road.
Mr. Ryan stated that the numbers reflected every vehicle that was going in and out of West Squaw Creek
Road. He spoke about the conditions and suggested adding an additional condition related to the requirement for
road signage. Staff would work with the applicant on the signage.
Commissioner Chandler-Henry spoke about condition number 2 and requested that there be an official.
agreement between the Metro District and the property owners. She also requested a letter from the HOA to clarify
condition 6.
Tim Scully, Ute Forest HOA president spoke. He supported the applicant's request. If the HOA needed to
do anything to support the process,they would.
Steven Meyers, Ute Forest resident spoke about the road improvements. He'd been a resident of the
neighborhood for 18 years. They have cleared timber, have graveled the road, installed guard rails and continue to
keep the road well graded. They were committed to safety.
Mr. Lovgren stated that Eagle County Staff was here to work with people in the community and not burden
them.
Diana Donovan believed the regulation was good for an urban development but made no sense for a 35
acre parcel in the mountains at the end of a road. There needed to be a common sense solution, not ask applicants
to spend thousands and thousands of dollars to go through a process where there were no solutions. The
government should serve the people. The regulation needed to be amended and should not apply to 30 year old
12
01/28/2014
developments. It seemed like harassment. She supported granting the variance with no conditions because most of
the conditions applied to the HOA.
Kirk Akre, Edwards resident spoke. He believed the applicants created their own hardship. There was a
house already sitting on one of the lots without a building permit.
Commissioner Ryan asked the applicant if they were comfortable with the proposed conditions.
The applicants indicated that they were comfortable with them as written.
Commissioner Chandler-Henry recommended changing condition number 2 to require a formal statement
from Cordillera Metro District. She wondered if an agreement should also be required by the HOA for guardrail
inspections.
Ms. Ayres-Oliver believed that it would be helpful to have an agreement from the HOA. The I-10A was
asked to be involved but declined.
Commissioner Chandler-Henry asked if staff was aware of any structures on the two lots.
Mr. Narracci stated that the only structure that he was aware of was the barn that Mr. Huber constructed
last summer. The structure did not require a permit as agricultural structures were exempt from permitting.
Ms.Huber believed the current land use resolution had not been enforced.
Ms.Ayres-Oliver stated that the Land Use Regulations had been in place since 1999 and in 2009 the county
took a slightly stronger stance on the regulations. The 2009 resolution did not change anything. There were
variance provisions built in for a reason.
Mr. Lovgren stated that the resolution was passed in 2009 after a wildfire in Fryingpan trapped 29
homeowners.
Commissioner Chandler-Henry appreciated everyone's input and the applicant's efforts. She believed it
was not feasible to comply with the regulations. She believed there were reasonable mitigation measures in place
regarding wildfire and emergency services. This was a common sense solution and this sort of situation was
exactly what the variance process was meant for.
Commissioner Ryan concurred with Co � Quer,'
andler-Henry. This was what the variance process
2tz,
was for The board relied on the professionals and ebeved fl e standards had been met.
t
'- ..
SUGGESTED CONDITIONS OF APPR I "4-i G' � 4
The following suggested motion and conditions of approval are provided for the BoCC should they decide
to make such a motion:
1. Except as otherwise modified by this Variance approval, all material representations made by the Applicant
in this application and in public meeting shall be adhered to and considered conditions of approval.
2. The applicants will work with Cordillera Public Safety to develop an agreement to use Emma's Way and
Graham Road for emergency ingress/egress during fire-season. This agreement must be executed prior to
issuance of a Certificate of Occupancy. If an agreement cannot be reached,the applicants must submit,to
the County,documentation to illustrate why agreement could not be reached to the County.
3. The applicants must work with the Eagle County Wildfire Mitigation Manager to conduct wildland fuel
reduction work along the access roads in Ute Forest. This work must be completed or in process to the
satisfaction of the Wildfire Mitigation Manager prior to issuance of a Certificate of Occupancy for either
property.
4. Wildfire mitigation strategies associated with new construction shall be implemented in accordance with
the Eagle County Wildfire Regulations and Building Resolution. This will be addressed during the
building permit process.
5. The Applicants will propose a signage plan that is satisfactory to the Eagle County Engineering Department
as agreed to in items 1,2, and 5 in the letter from Jinger Cozzens dated December 14,2013. This signage
plan shall be implemented prior to approval of any Certificate of Occupancy for construction on either
property.
6. The Applicants are responsible for working with the HOA to inspect and maintain the roads,roadside
drainage,culverts,and guardrails. The guardrails shall be maintained in accordance with CDOT Standards.
7. The Applicants shall construct turn-arounds at the driveway connection on the Cozzen's property and on
the Huber's property at the end of Chipeta Way that are satisfactory to the Eagle River Fire Protect ion
District. The turnarounds will be reviewed during the Building Permit process and constructed prior to
13
01/28/2014
issuance of any Certificate of Occupancy.
Commissioner Chandler-Henry moved to approve File VIS-4434; Variance to Improvement Standards for
Dual Access and Road Improvement Standards with the following conditions:
Chairman Pro-Tem Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
There being no further business before th, . ••a -etng was a•turned until Feb ary 014.
U.V.- 4
Attest: 1 .0111P
Clerk to the Board Cha an
NJ
14
01/28/2014