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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.03.2003• • BOCC 02/03/03 FAJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit request for an Accessory Dwelling Unit (ADU) APPLICANT: Rich Dunstan LOCATION: 9500 County Road 117 (Four Mile Road) SITE DATA: 185 acres ACCESS: CR 117 WATER: Well Peimit #234710 SEWER: ISDS Permit #3640 EXISTING ZONING: A/R/RD DESCRIPTION OF THE PROPOSAL The Applicant has recently constructed a single-family dwelling with building permit # 8281 on the 185 acre property located off of CR 117 (Four Mile Road) near Sunlight Ski Area. The Applicant has constructed a 610 square foot living space above the detached garage next to the house as part of this building permit. The Applicant is requesting Special Use Permit to use the living space as an accessory dwelling unit (ADU). (It should be noted that the Applicant received approval from the Building and Planning Department for the space to be used currently as a caretaker's unit which is an accessory use.) II. 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 due to the large lot size and the fact that the structure is already in place on the property. B. Zoning Resolution: An ADU is a special use in the A/R/RD 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 Accessory Dwelling Units in Section 5.03.21. The requirements / standards are listed below in bold italics followed by a Staff response: III. GENERAL SPECIAL USE PERMIT REQUIREMENTS (SECTION 5.03) 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall 1 • • either be in place or shall be constructed in conjunction with the proposed use. Staff Finding The unit has been constructed pursuant to a building permit approved and provided by Garfield County. Water to the unit is provided by a valid well permit. Sewer is provided by an ISDS already permitted by Garfield County. Staff finds this requirement is met. 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 The proposed access is an existing driveway off of Four Mile Road (CR 117) which also serves the main house. Based on this information, the proposed access appears to be both legally and physically adequate. Because the ADU is located above the detached garage next to the main house, it is served by the same driveway onto which is permitted via a driveway permit 030-92 D. The Road and Bridge Department provided a driveway permit exemption to the Applicant on 1/14/02 due to improvements consistent with the Road and Bridge discussions. Staff finds this requirement is met. 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 ADU is located inside the existing detached garage and will not impact adjacent uses. Staff finds this requirement is met. IV. SPECIFIC SPECIAL USE PERMIT STANDARDS FOR ADU (SECTION 5.03.21) 1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. Staff Finding The property contains 185 acres and the home, garage, and ADU were all constructed as permitted by Garfield County. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Finding The ADU contains 610 square feet which does not exceed the maximum allowed. A floor plan is included in the application. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. 2 • • Staff Finding The property is not located within a subdivision. This standard does not apply. 4) Proof of a legally adequate source of water for an additional dwelling unit Staff Finding The applicant has a valid well permit (#234710 included in the application) which may provide water up to three residences. This well is in place and currently serves the main house and the ADU. This standard is met. 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. Staff Finding The applicant received a permit for the ISDS and is permitted with #3640 by Garfield County which is adequate to serve the main house and the ADU. The permit was issued with both units included in the design. This standard is met. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The unit will allow leasehold interests in the unit only. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Finding The construction specifications for the main home, detached garage and ADU were all reviewed by the Garfield County Building and Planning Department which issued a building permit for the construction (permit #8121). This standard is met. 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. 3 • • VI. STAFF RECOMMENDATION Staff recommends APPROVAL, with the following condition: 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. VII. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 9500 County Road 117." 4