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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.05.2001REQUEST: BOCC 11/5/01 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the A/R/RD zone district. APPLICANT: Donald and Judy Beecraft LOCATION: 0255 Coyote Trail, Rifle, CO 81650. Located southeast of Rifle in the Grass Mesa Ranch Subdivision. SITE DATA: Approximately 40 acres ACCESS: Private Drive to Grass Mesa Road to CR 319 WATER: Shared Well SEWER: ISDS EXISTING ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site lies in the "Outlying Residential" district. The suggested density is no more than one (1) dwelling unit per two (2) acres. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The Beecrafts currently live in a 3,000 square foot house located on the property. They would like to build accessory dwelling unit under 1,500 square feet for aging relatives. HI. MAJOR ISSUES AND CONCERNS A. Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design 1 of 4 of the proposed use to minimize impact through various means shall be provided. Water and sanitation are discussed elsewhere in this report. The existing house is served by an existing driveway from Coyote Trail. The a.d.u. will be served by a new driveway from Grass Mesa Road. Impacts are generally expected to be minimal due to the large lot size. B. Zoning: An accessory dwelling unit is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978, as amended. It must meet the standards set forth in Section 5.03.021, as follows: (1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 90% at least two (2) acres in size. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. (9) Proof of a legally adequate source of water for an additional dwelling unit. (5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units is allowed. The relatively flat lot exceeds the minimum lot size standard and the a.d.u. is within the maximum square footage limitation of 1,500 square feet. The application lacks written approval from the Homeowners' Association allowing an a.d.u. Water and sewage disposal are discussed elsewhere in this report. The applicant should understand that the a.d.u. may be leased but may not be conveyed as a separate interest in the future. C. Access: Access will be provided via a new driveway from Grass Mesa Road. The applicant must obtain an approved driveway permit from the Road and Bridge Department prior to issuance of the special use permit. D. Water: The application contains a copy of well permit #195067 which may legally provide water within a maximum of three (3) single family dwellings (this information was confirmed in a telephone conversation with the Division of Water Resources on 8/3/01). The applicant appears to have the necessary legal water rights. The pump installation and test report shows that the well was drilled at a depth of 180 feet. A four hour test was conducted with a rate of 12 g.p.m. The application lacked proof of a standard bacteriological water test and the water quality has not been tested by an laboratory to show it meets state potable water guidelines concerning nitrates, nitrites, and dissolved solids. This 2 of 4 information will need to be provided prior to issuance of a special use permit. E. Sewer: Both the primary and accessory dwelling units are/will be served by individual sewage disposal systems. The applicant shall meet the Colorado Department of Public Health ISDS standards. No other State and Local health standards are applicable to the application. IV. SUGGESTED FINDINGS That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval; That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements; 3. That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage; 4. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet; Page 3 of 4 5. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased; That it is the applicant's responsibility to comply with any applicable covenants or Homeowners' Association rules; The special use permit will not be issued until proof of written approval of the accessory dwelling unit by the Homeowners Association is submitted to the Planning Department; 7. That, prior to issuance of the special use permit, the water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria, nitrates, nitrites, and dissolved solids; 8. That, prior to issuance of the special use permit, a copy of an approved access permit from the Road and Bridge department shall be submitted. That this approval shall be valid for one (1) year. If conditions are not met within one (1) year, and subsequently no special use permit is issued, the approval shall expire. Page 4 of 4