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Home My WebLink About7.0 Director's Determination 03.15.2010March 15, 2010 Richard and Laura Kolecki 58 Katie Ct. Silt, CO 81652 BUILDING & PLANNING DEPARTMENT RE: DIRECTOR'S DECISION Administrative Permit for Accessory Dwelling Unit (File No. GAPA -6717) Dear Mr. and Mrs. Kolecki: This letter is provided to you as the owners of 58 Katie Ct., Silt, CO 81652 (also known as Lot 4 Ukele Acres subdivision) and Applicants for an Administrative Permit for an Accessory Dwelling Unit on your property. Your Application has been reviewed in accordance with the Administrative Review procedures contained in Section 4 -104 of the Unified Land Use Resolution of 2008 as amended (ULUR). Said provisions require a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, or deny the request. A Decision is herby issued regarding your Application for an Administrative Permit for an Accessory Dwelling Unit. The Director's Decision is to approve the Application subject to the following Conditions: 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 proposed Individual Septic Disposal System shall meet all local and State health regulations and in accordance with the Ukele Acres Subdivision Approval (Resolution 2000 -038 Condition #10) the ISDS system shall be designed by a Colorado Registered Professional engineer. If determined necessary the ISDS may be relocated but shall maintain all required setbacks from the central water system well location. 3. Compliance with all Additional Standards for an Accessory Dwelling Unit contained in the Garfield County Unified Land Use Resolution of 2008, as amended shall be required including but not limited to the allowance for the Accessory Dwelling Unit to be leased but that it shall not be conveyable as a separate ownership interest. 4. All new construction on the property shall be required to meet ail Garfield County Building code Requirements. 1 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945 -8212 • (970) 285 -7972 • Fax: (970) 384 -3470 5. All previous conditions of approval contained in the Garfield County approval of the Ukele Acres Subdivision (Resolution No. 2000-038) and all plat notes on the Ukele Acres Subdivision Plat shall be complied with including but not limited to exterior lighting provisions (condition #14 Plat Note #4), and geology related conditions (condition #5 and condition #14, plat note #6). The ULUR requires notification to the Board of County Commissioners for their review and potential call -up of the application for a public hearing. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. The call -up period shall expire on March 25th. The Administrative Permit will be issued upon expiration of that time if no request for further consideration is received. Sincerely, Fred Jarman, AICP Director of Garfield County Building and Planning Department cc: Board of County Commissioners Carey Gagnon, Assistant County Attorney 2 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Kolecki ADU /GH March 15, 2011 Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit APPLICANT (OWNER) Richard and Laura Kolecki LOCATION LEGAL DESCRIPTION ACRES ZONING 58 Katie Ct. Silt, CO 81652 Located approximately 1.3 miles west of the Town of Silt Lot 4, Ukele Acres Subdivision, according to the Plat thereof recorded March 9, 2001 as Reception No. 577239 (Parcel #2179- 043 -10 -004) Approximately 3.37 acres Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit on their 3.37 acre lot. The Applicant proposes for the existing home on the property to become the Accessory Dwelling Unit upon the construction of a new primary residence. The existing home is 1049 sq.ft. in size and is the original homestead on the property. As an accessory dwelling unit it will comply with the additional standards forADU's contained in the ULUR including the size limitation of 1,500 sq.ft. Both dwellings will be served by an existing central water system. A new individual septic system will be installed for the new principle dwelling on the property. The covenants and land use approvals for the Ukele Subdivision anticipated allowing an Accessory Dwelling Unit on the Applicant's property subject to obtaining the appropriate approvals from Garfield County. II. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3 -501 of the ULUR, designate Accessory Dwelling Units within the Rural Zone District as requiring Administrative Review. B. Section 4 -104 of the ULUR sets forth the Administrative Review Procedures. All 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. Figure 1: Excerpt from Ukele Acres Subdivision Plat — showing Lot 4 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. 2 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. Figure 2: Excerpt from Site Plan including Service Information Jr Vey 1/4 OF SECTION 9 .M. Prig klN1 Fa r2 Aqu (X45TrwC SEE mr9P ' 1','O wH:sR "7 tap: I-...s r ,FE�e...et ! T.. 'h. +..•ate rs eclat, Ex P ; E.C15'fitt 1-114NS FoP 0.102 4 Al oPosrn y-+m..wo4 7^n Na'••+ Hou•t E S SB • q 34 -W 10' Cg;F tey Access, ''"" .77 e2 and Ore4woe emse.+ent Valves ' 5* C. 000 .A '3400 1 0 4rf WAIT 6.0 T NQ. 5 s nch ork. T 6)". — 1m N a asphalt k - r 7.7. by PS •1tereJ ad• v-yP�' /� (L �y .Yea ` Ou1oL"0 f...ro-bPr tln0 Ctyp Vf: f1SYe,� `_ y. �1so4,5. a / / WO .1,--. ''' � i 1(/ y �� 1 11 1\ �a,,a 4 .....t ;�.� fit[_ —�� 1 l \ )_ �� 200.0 �r� i...�f�Jr-> sk. I �s - - —� b� .. r . —... -1t 1 rc op ' -`_ / Say p7'T 4°E %1 i 51195 304...17• 54,47' Cone R. W. Marker * 1404.52`48"E 20.00' 2a. uo.% Co ee ..en( round R.=bmr vlPim Sx Cop. MS No. 15710 SePne FaR. S~aYa test Nate 3 � F Flea SeRSM�_ U Htgf-,wc-ty (Not to Seale) Na5v7•T4 "W 82.14' o 57"` cop PL5 M 11a 5400 3 III. STAFF ANALYSIS A. The Town of Silt provided referral comments indicating "no problems" with the allowance of an ADU on the lot. Their comments also confirm that the lot is in excess of 300ft. from their central sewer system. B. No comments from adjacent neighbors were received prior to the Director's Decisions Date. C. The Applicant is working with the Building Department on conditions related the proposed Individual Septic Disposal System (ISDS) and initial percolation test results. The ISDS system may be relocated based on additional percolation tests and is required to be designed by a registered professional engineer pursuant to the conditions of approval for the Ukele Subdivision. D. The Applicant has provided extensive records for the well production and usage associated with the Central Water System for the Ukele Subdivision. Also provided with the application were the initial pump test results and recommendations from Water Resource Engineering addressing the adequacy of the well to serve the subdivision and anticipated number of dwelling units. E. The Applicant has provided the most recent water quality test results for the central water system, which results do not indicate any problems associated with water quality. F. The Applicants have provided general information on the property indicating a lack of hazardous or unique conditions that would impact the ability to construct the additional dwelling unit and the conversion of the existing home to an ADU. G. The Property is located at the border between "Walkable Residential" and "Agricultural /Rural Residential Reserve" in the Town of Silt 2009 Comprehensive Plan — Future Land Use Plan. It is located within the Town of Silt Urban Growth Area on the Garfield County 2030 Comprehensive Plan. The ADU request is generally consistent with the above mapping designations and a variety of related Comprehensive Plan Goals and Objectives including Sections on Urban Growth, Housing, and Water and Sewer Service. H. The property is located in the Ukele Acres Subdivision and is subject to the existing approvals and related conditions imposed by the County's Approvals of the subdivision. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the ADU is in compliance with Article III, and Sections 4- 104, 4 -501, 7 -801, and Article VII Divisions 1 & 2, 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 on the property legally described as Lot 4, Ukele Acres Subdivision subject to the following conditions: 4 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 proposed Individual Septic Disposal System shall meet all local and State health regulations and in accordance with the Ukele Acres Subdivision Approval (Resolution 2000 -038 Condition #10) the ISDS system shall be designed by a Colorado Registered Professional engineer. If determined necessary the ISDS may be relocated but shall maintain all required setbacks from the central system well location. 3. Compliance with all Additional Standards for an Accessory Dwelling Unit contained in the Garfield County Unified Land Use Resolution of 2008, as amended shall be required including but not limited to the allowance for the Accessory Dwelling Unit to be leased but that it shall not be conveyable as a separate ownership interest. 4. All new construction on the property shall be required to meet all Garfield County Building code Requirements. 5. All previous conditions of approval contained in the Garfield County approval of the Ukele Acres Subdivision (Resolution No. 2000 -038) and all plat notes on the Ukele Acres Subdivision Plat shall be complied with including but not limited to exterior lighting provisions (condition #14 Plat Note #4), and geology related conditions (condition #5 and condition #14, plat note #6). 5