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Home My WebLink About2.0 BOCC Staff Report 06.04.2007BOCC Exhibits (6/4/2007) Exhibit Letter (A to Z) exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E F Application Memo from Jake Mall of the Garfield County Road and Bridge Department dated 5-14-2007 CL-efel,r( aye c1c)41?s BOCC 06/4/2007 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit request for a Guest House APPLICANT David S. Effress LOCATION 12746 Highway 82 SITE DATA 3.121 acres ACCESS Highway 82, Private Access Road WATER Well Permit with a Basalt Water Conservancy Augmentation contract SEWER ISDS A/R/RD ZONING I. DESCRIPTION OF THE PROPOSAL The Applicant requests a Special Use Permit for a Guest House on the subject property which is defined in the Zoning Resolution as "an accessory, detached building, which is designed and used to house nonpaying visitors and guests of the occupants of the main building of the site." A guest house is contemplated as a special use in the ARRD zone district. II. BACKGROUND The Applicant is requesting to build a 1,000 square foot guest home adjacent to the existing home on the 3.121 acre property. III. REFERRALS 1. Town of Carbondale: No Comments Received 2. Carbondale Fire Protection District: No Comments Received 3. Garfield County Road and Bridge Department: (See Exhibit F) IV. APPLICABLE REGULATIONS A. Special Use Permits 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 of the proposed use to minimize impact through various means shall be provided. Impacts are generally expected to be minimal as guest houses cannot be leased to a third party or occupied full-time. 1 Subject Parcel • be* Am01,0 ARRC Town of Carbondale ->\ CITY ait_am mat " • -ikPr-47-A NZ at.' 00% 1"."6,03 P0,0,4 Val: en.raw*,. Effress Guest House - SUP 0 175 350 700 Feet B. Zoning Resolution: A Guest House is a special use in the ARRD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. The application must address the general Special Use Permit requirements in Section 5.03 as well as the specific Special Use Permit standards that apply to a Guest House in Section 5.03.025. The requirements / standards are listed below in bold italics followed by a Staff response: General Special Use Permit Requirements (Section 5.03) I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Finding Regarding domestic water, the property has a well permit from the Division of Water Resources augmented by a Basalt Water Conservancy District contract which is activated for two residential units. Regarding wastewater, the Applicant is proposing to construct a separate ISDS to be utilized exclusively by the guest house. An investigation of the feasibility of the site for an additional ISDS was conducted by All Service Septic, LLC on March 5, 2007. The investigation found that the percolation rate on the site ranged from 20 to 40 minutes per inch. Based on this percolation rate, Staff recommends that the ISDS be designed by a Colorado certified engineer. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding There appears to be ample area for parking on the property for a single-family dwelling and a guest house. The need for parking or improvements due to associated traffic generated from a guest house is typically much less than a single-family dwelling. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The guest house is to be located directly to the east of the existing residence on the property. No lighting was proposed as part of this review; however, Staff recommends that, should the Board approve the request, all lighting associated with this structure shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the lot. 3 Specific Special Use Permit Standards for Guest House (Section 5.03.025) 1) The gross floor area or the area used for residential occupancy shall not exceed one thousand (1,000) square feet. Staff Finding The Applicant understands that per Section 5.03.025, the Guest House cannot be constructed larger than 1,000 square feet. This standard is met. 2) The minimum lot size shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone district. Staff Finding The property is located in the ARRD zone district which has a 2 -acre minimum lot size. The subject property is 3.121 acres which is 56% larger than the 2 -acre minimum lot size. This standard is met. 3) The length of stay of a guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. Staff Finding Should the Board grant this SUP, this standard shall be an on-going requirement of any special use permit and included as a condition of approval. V. SUGGESTED FINDINGS 1. 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. 3. 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. 4 VI. RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the application for a guest house with the following conditions: 1. 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 unless otherwise modified by the Board. 2. All lighting associated with the guest house shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The applicant shall obtain any applicable Garfield County building permits, grading permits and access permits. 4. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 5. The gross floor area of the guest house shall not exceed 1,000 square feet. 6. The guest house shall not be conveyed as a separate interest or be leased to a third -party. The length of stay of a guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. 7. At the time of building permit for the guest house, the Applicant shall obtain an ISDS permit from Garfield County capacity to provide for the new unit. 8. The ISDS for the proposed guest house shall be designed by a Colorado certified engineer. VII. RECOMMENDED MOTION "I move to approve the Special Use Penult request for a Guest House for a property located at 12746 Highway 82, Carbondale, Colorado with the conditions recommended by Staff." 5 GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: David S. Effress Sent to: Garfield County Road & Bridge Dept. Date Sent: May 10 , 2007 Comments Due: May 29, 2007 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this application as the applicant will be using an existing access road and the ADU will not have an impact on the traffic flow. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date May 14, 2007 Revised 3/30/00