Loading...
HomeMy WebLinkAboutStaff reportStoch ADU GAPA-7331 September 12, 2012 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LOCATION LEGAL DESCRIPTION ACRES ZONING I. DESCRIPTION OF THE PROPOSAL Administrative Review -Land Use Change Permit for an Accessory Dwelling Unit (ADU) John Stoch 2575 Midland Avenue, Glenwood Springs, CO 81601, adjacent to the Glenwood Springs City limits on the west side of Midland Ave. Located within Section 16, T6S, R89Wof the 6th P.M. and also know by Assessor's Parcel #2185-164-00-116) Approximately 3.6 acres Residential Suburban The Applicant's property is located adjacent to the City of Glenwood Springs City Limits along the west side of Midland Avenue. The site is 3.6 acres in size and is currently improved with a single family residence, a newly constructed garage and related driveways and parking areas. The property is served by the City for domestic water and has an individual septic disposal system for waste water. The Applicants are requesting approval for the creation of an ADU within the existing garage located on the property. The proposed unit will be served by City of Glenwood Springs water, an expansion of an existing ISDS, existing driveways, access, and utilities (electric). The Applicant has represented that all improvements including the septic system upgrade have been installed to serve the existing uses pending approval for the ADU. The Applicant has indicated that connection to central sewer was not feasible as a sewer main does not existing in the portion of Midland Ave. adjacent to the site. Proper permitting and confirmation of completion of the required septic upgrades will be required. The Applicant's lot was created by the Zinko Subdivision Exemption (Resolution No. 93-008). The Applicant's current proposal may be subject to variety of conditions imposed by the Subdivision Exemption Approval including potential engineering for septic systems, geologic conditions and foundations/drainage. The lot and proposed ADU are located at the bottom of steeper slopes located west of Midland Ave. A ATED IN THE SW1j4SE1/4 OF SECTION 16, T.B S., R.89 W. COUNTY OF GARFIELD. STATE OF COLORADO ". \ 1 Ie' ,tt!JI!lftf EA'IDEIIT ';"'---=iI~C_ re, ~lm \ \ FtlIAA:.I: cr:. u..... l ~ m" ~II)\ \ \ \ r-..... ~ I I :i'.hl] ,//,-. . ,,'\ \ I \\ t \ I " , \\ , " I\ I\ , .... _-" I \ '----~ ...... , "-"~ =~ 1\ " " I \ "~ ..... ----:-~~ \ ..... --..----.... -~--1 ~\ I I \ \ \ I ~==:-_~IW!Jj~IIl.-___ -.!:~ ____ .j\li \ f'... RDi"'.teN' L.S. \ ~ , I '~~'im>.. lQ \ \ ~ I \ ii' \ \ I \ "\ \ , '\ I ~ \ \ \ \ \ \ \ \ I I \ I \ \ \ \ \ \ \ \ I.J !!AS,$ Of etlJlilf.l fffl: IKI!; RIlIbt'r' l-S A tOOlIit3 Cf" l511"-~l'U'IIJ:;~ 1H1: 1ICI'II'I'Il:1I/:i'~'iJ! ltd. ~~~l~(; g:~ ~i:'~:MrrJ, t~AeEw.lJQ) ~'44f!..1{!(. Z.J tJJI~J..\jl:~""~£R~'J:r:r. ~I~~~ ~ureru~,~~ III fU.a: AID 11£ iWUtEm ~ ),) ml~ "WoIP(~n I$-SWJ~ct TO I!'I:SlJ[IM.t~. flUIllu::',CfI!. toI{[lW'U· 1M ~ (t' RfIXIro 1;'1 lit ",I«. ~.) Uri! !Ut:'..::l' ..... ~(l'jlJl(O 1f11M,YJl' 11/[ lEh'U!f or ~ CmI{N'f r.TU ~ltIIlIf AID W," ~T !I-IW /!u. E.lBiKHTS ~ ~-. '.) iPU:U'I(: IIUnOl1jljl 'I); .... TIW w,'f QI; ~a:tt 111" nllR 1m W-i~ I'WMtIS, M.i.. iTAocr•• I US Stt.IU. ~mj; 11It: _TrAL 01" Nt Elf'::llID:riG REPCflJ .i.DIB:lISl~ 4[OlWK: 1;:QIJ;I1114;fI$, rlMtM.lItt1 nt'JICIi no ilAAll'M(Il ffI!P.lIIIO ~ .. Q)~~~ 1I:t(;'UtliUl aclllf~_ -6 _) '""-oI.Q'fl 1iio.1 til WII~";::1 l'O-'Jl4[ q:qI,Il~"'" U D'diinmR.!a W,9TiWtUI ~. "'T 1\01[ TI'" IF QUI~1i IIf(l ~I r 1UJ11eJ.tl(lf. =rl!l~r,~EfIJ?ysglJ;~gltlcr~~ p,IlllII;fR III;~IMI ~t~'s I;€ftTJtl~Tt ~ ~i='~ ~~~JT~ ~~['«.wJ..=:rw:T'''''P '!MIl; Fl .... T 1$ ... tlII.t;. «fl'~ J.IfP ('.(WI.LlC r\ ... r (If Tt£ 2t~ [iDif'IIC11I'lAT /oS LAID Qii;!f, PloUTID, (I[IlIIUl11'U _ SHDlllllflltat 1\'111.1 SUOJ. fLkT 'M$ ~ ~ lit IotQIAAT' ~« $A.I~ ~(jti ~r -.E A.IO UO!:R vr 3I,PEFrns..ctt oi!Il IX4IIIfliTU IiHJI$ 'l'II ~CI;I.TI ~ no ~'1I1I~'tJ't:~.~S:~.J:t.:DVWWI~·I~I~ N'Pllt;"lIIM..!; a:tiUliOB DO!'f!bA"\; M ~ ... 'UI«t (f 1.#.0. III' ~11KS:S; 1iJIIlIW i IWn $(T IU M\..'t;).IN} ~ ,.. \ . i..1) 191.a.-. l!.,;~1\!11 OF 2 The Applicant has provided information representing that the unit will meet the size limitations, that there are no covenants affecting the ADU use on the property, and an engineering report on the site, slopes, soils and related concerns. II. AUTHORITY -APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-501 of the ULUR, designate Accessory Dwelling Units within the Residential Suburban Zone District as requiring Administrative Review. B. Section 4-104 of the ULUR sets forth the Administrative Review Procedures. All procedural requirements have been met, including the notice requirement to adjacent property owners within 200 ft. The Applicant has provided proof of mailing by submitting certified return receipts for the notice. C. Section 7-801 of the ULUR sets forth Additional Standards Applicable to an Accessory Dwelling Unit as shown below: SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The gross floor area for residential occupancy shall not exceed 1500 square feet. B. Compliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner's Association, as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. D. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than two (2) acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. 3 OVERALL SITE PLAN III. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the ULUR. No public comments were received in writing, however Staff did receive phone calls from a neighboring property owner expressing concerns about the request including the density increase with one additional unit. Referral Comments received on the Application were received from the City of Glenwood Springs, the Glenwood Springs Fire Protection District and the County Consulting Engineer and are attached as Exhibits and summarized as follows: A. Glenwood Springs Fire Protection District: Indicated that they did not have any comments on the project. They did reference requirements for the unit to meet the International Residential Code (IRC) and permitting by the County Building Department. B. Garfield County Consulting Engineer: Noted the need for an ISDS permitting and upgrades to meet roadways standards to for the driveway serving the ADU (easement width and grade). 4 C. City of Glenwood Springs. Comments provided confirmed that water improvements fees for a water tap have been paid and that a backflow preventer may be required on the water service line. The City is also in the process of acquiring easements for water and power related to the site and questioned if there are density limits on the existing driveway access .. The City also requests a drain pan be added to the edge of Midland Ave. The City took note of the engineering letter provided by the Applicant. IV. COMPREHENSIVE PLAN The property is located within the Future Growth area for the City of Glenwood Springs. and designated on draft Future Land Use Mapping as low density residential with a hillside preservation overlay on a portion of the property. The City received a referral of the Application but did not comment on density other than as it related to access. COUNTY COMPREHENSIVE PLAN EXCERPT ! Applicant's Site 5 V. STAFF ANALYSIS A. The Application reflects conformance with special standards contained in the ULUR for ADU uses including limitations on size as the proposed unit will only be 600 sq.ft. in size. Of note the balance of the garage will likely be used as storage as the site grading does not currently provide vehicular access to the garage door on the building. B. The Applicant shall be required to comply with all Building Code requirements and inspections pursuant to review by the Garfield County Building Department. C. The Applicant shall confirm issuance of a water tap for the use and installation of all required water line improvements including back flow prevention if required by the City. D. Based on the mapping provided with the original Subdivision Application, the site is located in areas with moderate slope and moderate soils hazards. The Subdivision Plat includes a plat note that reads as follows: "Specific building locations may be subject to slope and soil hazards, all structures shall require the submittal of an engineering report addressing geologic conditions, foundation design and drainage prepared by a Colorado Registered Engineer." The Applicant has provided such a report containing engineering recommendations for the proposed structure/use (see attached letter from Brian Kurtz, dated July 20,2102). E. The Applicant shall provide evidence of proper permitting of the proposed ISDS upgrades by the Garfield County Building and Planning Department. Plat notes from the original subdivision indicated the potential for engineered systems. F. The Applicant shall provide evidence that all required easement including water line easements (for existing hydrants) and electric easements as requested by the City of Glenwood Springs have been granted and properly recorded. G. In regard to driveway access for the property the Applicant shall upgrade the site plan to reflect compliance with applicable roadway standards to include grade, easement width, and lane width. To meet this requirement the site plan shall be updated to include a parking area for the ADU served by a driveway with a maximum grade of 10%. The parking area may be lower on the property but shall be convenient and accessible to the ADU. The Applicant shall also increase the access easement across the adjoining property to the south up to a minimum of 40 ft. in width. That section ofthe lower driveway that will serve 3 units, shall be verified to be a minimum of 16 ft. in width or upgraded accordingly. The Applicant shall also document that the existing roadway is located within the easement. The Applicant shall install a 3 ft. to 4 ft. drain pan at Midland Ave. in accordance with the City's specifications. H. Prior to issuance of a building permit for the proposed ADU, the Applicant shall eliminate any potential zoning violations from the property with verification from the County 6 Zoning Enforcement Officer that the property is not subject to any enforcement or code compliance issues. Removal or relocation of a nuisance brush pile located along the north property line is recommended. VI. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that subject to compliance with the recommended conditions of approval, the Stoch ADU will be in compliance with Article III, and Sections 4-1 04,4-501, 7-801, and Article VII Divisions 1,2, and 3 as applicable, of the Garfield County Unified Land Use Resolution of 2008, as amended. Staff recommends that the Director approve the General Administrative Permit to allow an ADU and related remodeling of the existing garage, subject to the following conditions of approval consistent with the Staff Analysis above (items A -H): 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. 2. The Applicant shall comply with Special Standards for ADU contained in Section 7-8010f the ULUR. The ADU shall be a maximum of 600 sq.ft. in size. 3. All new construction and remodeling for the ADU shall be required to meet all Garfield County Building Code Requirements. The Applicant shall meet all County requirements for access and inspection of existing improvements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction. 4. The Applicant shall confirm issuance of a water tap for the use and installation of all required water line improvements including back flow prevention if required by the City. 5. The Applicant shall comply with the engineering recommendations contained in the Engineering ReportlLetterfrom Brian Kurtz, dated July20, 2102. A foundation drain for the boulder retaining wall, as referenced in the Engineering letter as an option, may be required as part of the building permit review. 6. The Applicant shall provide evidence of proper permitting of the proposed 18DS upgrades by the Garfield County Building and Planning Department. 7. The Applicant shall provide evidence that all required easement including water line easements (for existing hydrants) and electric easements as requested by the City of Glenwood Springs have been granted and properly recorded. 8. In regard to driveway access for the property the Applicant shall upgrade the site plan to reflect compliance with applicable roadway standards to include grade, easement width, and lane width. To meet this requirement the site plan shall be updated to include a two space parking area for the ADU served by a driveway with a maximum grade of 10%. The parking area may be lower on the property but shall be convenient and accessible to 7 the ADU. The Applicant shall also increase the access easement across the adjoining property to the south up to a minimum of40 ft. in width. That section of the lower driveway that will serve 3 units, shall be verified to be minimum of 16 ft. in width or upgraded accordingly. The Applicant shall also document that the existing roadway is located within the easement. In lieu of the above upgrades the Applicant may request a waiver from the roadway standards and process said request in pursuant to the ULUR. 9. In accordance with the City's request, the Applicant shall install a 3 ft. to 4 ft. drain pan at Midland Ave. in accordance with the City's specifications. 10. Prior to issuance of a building permit for the proposed ADU, the Applicant shall eliminate any potential zoning violations from the property with verification from the County Zoning Enforcement Officer that the property is not subject to any enforcement or code compliance issues. 8 I Views of the Site 9 10 II S ~? 1 3 2012 September 6, 2012 Mr. Glenn Hartmann Garfield County Planning lOS Sth Street, Suite 401 Glenwood Springs, CO SI60 I MOUNTI\IN CROSS I3NGINfERING, INC. Civil and Environmental Consulting and Design RE: Review ofStoch Accessory Dwelling Unit: GAPA-7331 Dear Glenn: This office has performed a review of the documents provided for the General Administrative Permit Application for the Stoch Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The following comments were generated: I. The application materials mention that minor improvements are required to the septic system but nothing is mentioned or shown on how those improvements will be incorporated. The Applicant will need to obtain an ISDS design and permit from Garfield County that is congruent with the ADU expansion. 2. Evidence that the driveway has a 20' easement is included in the application materials as "Exhibit A". There are two different driveway alignments shown on the mapping provided. The Applicant should clarify the easement described. 3. The driveway appears to have sections that average 15% and even areas that are approaching 20%. These grades are above the acceptable 10% and even above the fire district maximum grades of 12%. The Applicant will need to address the driveway grades. 4. From the mapping it appears that two residences and one ADU wi ll use the existing driveway. This would put the driveway in the "semi-private" road category based on the average daily traffic expected. The Applicant will need to address how these standards will be met. Standards that can not be met may have a variance requested from the BoCC. Some justification will be warranted and will be subject to the discretion of the BoCC. Feel free to call if you have any questions or comments. Sincerely, Mounta ' Cross Enginee ing, Inc. C ]fis Hale, PE 826 Y, Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com August 30, 2012 Mr. Glenn Hartmann City Planner Garfield County Building and Planning 108 8th Street Glenwood Springs, Colorado 81601 RE: 2575 Midland Avenue, Stoch Accessory Dwelling Unit Dear Glenn, Thank you for the referral for the Accessory Dwelling Unit application as 2575 Midland Avenue. This item was circulated to the various departments and the City for review and comment. Please be aware of the following comments relative to this application: 1. Water improvement fees to the City of Glenwood Springs have been paid. 2. If irrigation water extends from domestic service, the applicant fowner will need to install a backflow preventer. Contact the Water Department at 384-6344 to make arrangements for inspection. 3. The Public Works Director, Robin Millyard, is in the process of securing easements for the waterline and fire hydrant that currently serve both lots in the Zinko Subdivision Exemption, as well as an electric easement for the service to both lots. These easements were provided to John Stock on August 22,2012. Please have applicant complete the easement work as part of the review process. 4. City Engineer recommends that drainage coming down the drive be 5. addressed by adding a 3 ft. to 4 ft. drainage pan at the edge of the roadway to move water to the north or south side of the drive .. 6. Are there any restrictions on the access easement relative to density? 7. Per City's geologic hazards map, area is subject to known hazards; however, it is noted from the minutes of the original City of Glenwood Springs 101 West 8111 Street, Glenwood Springs Colorado 81601 PH: 970-384-6400 FX: 970-945-8582 Page 1 of 1 subdivision exemption that a condition of approval was the inclusion of " a requirement for all structures to submit an engineering report addressing geologic conditions, foundation and drainage prepared by a Colorado Registered Engineer." Letter from Brian Kurtz dated July 20,2012 is noted. 8. See comments from Fire Department attached. Please feel free to contact me if you have any questions concerning this letter at 384-6407, and, thank you again for providing us an opportunity to comment on this application. Yours truly, Jill Peterson City Planner Jp City of Glenwood Springs Page2of1 101 West etl! Street, Glenwood Springs Colorado 81601 PH: 970-384-6400 FX: 970-945-8582 August 30, 2012 To: Jill Peterson, Glenwood Springs City Planner Glenn Hartmann, Garfield County Planner From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department Re: City planning item 1119-12, GARCO file II GAPA-7331, applicant John Stoch, location 2575 Midland Ave, Glenwood Springs Comments We do not have any comments on this remodel project. The code requirements this remodel will be required to conform to are in the International Residential Code (IRC). We do not interpret nor do we enforce this code, the Garfield County and City Building Departments do. Thus the staff of the building department will review the plans and do the inspections on the construction of this ADU. We enforce the International Fire Code (IFC). The unit is too small in size and the occupancy do not require it to be reviewed for compliance with IFC construction requirements. Thank you for giving me the opportunity to comment on this project. Glenn Hartmann From: del@sopris.net Sent: To: Wednesday, September 12, 2012 9:57 PM Glenn Hartmann Subject: Re: Stoch ADU Glenn, My mom and I had a miscommunication as to when our responses needed to be e-mailed by. Although I failed to get this to you by Wednesday morning, I believed it necessary to send to you anyway. Dan Mr. Glenn Hartmann, Responses to the application from John Stoch for additions planned for 2575 Midland Ave. written by Pat LeVan and supported by Dan E. LeVan: The above stated property was initially divided into two plots by the Zinco family years ago. Garfield County officials turned down requests made by the family to make further divisions. Each of the two plots already has its own water and septic taps. No more taps should be allowed on a small piece ofland. John has dumped three large loads oftrees and brush, creating a fire hazard at such a close proximity to our house as well as one of his. The piles have also created a home for several rodents that would otherwise be more dispersed. After various requests from us, John Martin and other county officials, Mr. Stoch blatantly refuses (which we are aware is not in any violation to any laws). This is one example of his inconsiderate and arrogant demeanor. We, finally, received a registered letter (after the fact) about the building he put up and has planned to continue to build upon. He has done many more things to the land without permission. John seems to think he can do anything he wants to. For instance, he has additional rentals in the lower level of each house. Thank you for your attention given to these matters, Pat leVan Dan E. LeVan ---ghartmann@garfield-county.com wrote: From: Glenn Hartmann <ghartmann@garfield-county.com> To: "del@sopris.net" <del@sopris.net> Subject: Stoch ADU Date: Tue, II Sep 2012 23:39:59 +0000 Hi Pat and Dan: Please let me know and/or respond to this email if you have comments on the Stach application. We will be discussing it tomorrow and the Director of the Building and Planning Office will be considering taking action on his request. Thanks again for your call today and the information you provided. 1 KURTZ & ASSOCIATES. INC. STRUCTURAL CONSULTANTS 5012 County Road 154 Glenwood Springs, CO 8160 I MEMORANDUM Phone & Fax (970) 945 6305 To: Garfield County Date: July 20, 2012 Attn: Building and Planning Department Zp:;-Re Auxiliary Dwelling Unit:~ Midland Avenue, Glenwood Springs, Garfield County, CO. Brian Kurtz, P. E. of Kurtz & Associates, Inc. has reviewed the structural documents for the noted project and performed a structural inspection of the existing structure. The single story building measures, in plan, 40' -0" north-to-south by 20' -0" east-to-west. The framing system is constructed with light gage steel framing. The framing system utilizes three (3) interior steel frames which clear span 20'-0" east-to-west so that there are no interior load bearing colunms or walls. I understand that the foundation system is a shallow, frost protected system: It consists of a monolithic concrete slab-on-grade with thickened edges. The thickened edges are 24" deep by 12" wide. Maximum soil bearing pressures occur at the colunms supporting the interior frames. Based on a design snow load = 40 PSF, the soil bearing pressures are approximately 1200 PSF. It is my professional opinion that the foundation system is structurally adequate and appropriate for the building type. The building site has been developed with the construction of a boulder retaining wall. The boulder wall is located uphill of the building: the toe of the boulder wall is approximately 4' -0'; from the west wall of the building and the b<,>ulder wall varies in height from approximately 3' -0" to 4' -0". The building owner should be aware the soils in this area are know to be moisture sensitive and prone to consolidation upon wetting. Soil consolidation can lead to differential foundation settlement, and should be mitigated by minimizing site irrigation and controlling surface moisture and roof runoff Specifically, olir office recommends that roof gutters and downspouts be installed, and roof runoff discharged downhill, and well away from the foundation. The boulder retaining wall has the capacity to act as a diversion structure. The owner may also wish to consider II foundation drain for the boulder wall to capture and divert surface and subsurface moisture which will tend to gravitate across the building footprint. If you have any further questions, feel free to call. Brian 1. Kurtz, P.E. Kurtz & Associates, Inc.