HomeMy WebLinkAbout2.0 BOCC Staff Report 08.01.2005Exhibits for Public Hearing held on August 1, 2005 — BOCC.
Gabossi ADU — Applicant: Rocky Gabossi
Exhibit Letter
(A to Z)
Exhibit
A
Mail Receipts
13
Proof of Publication
c
Garfield County Zoning Resolution of 1978, as amended
D
Garfield County Subdivision Regulations of 1984, as amended
E
Garfield County Compressive Plan of 2000
F
Staff Report dated 8-1-5
G
Application for Gabossi ADU
BOCC 8-1-2005
RW
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT / OWNER
LOCATION
SITE DATA
ACCESS
WATER
SEWER
PARCEL ID NUMBER
EXISTING ZONING
Special Use Permit for an Accessory Dwelling Unit
(ADU)
Rocky Gabossi
44523 HWY 6
20.22 Acres
Existing Driveway from HWY 6 to Gabossi Residence
Well, Permit #56101
ISDS (Individual Sewage Disposal System)
2123-352-00-185
ARRD (Agricultural / Residential / Rural Density)
I. DESCRIPTION OF THE PROPOSAL
The applicant requests the Board grant a Special Use Permit (SUP) for an Accessory Dwelling Unit
(ADU) located on the northern portion of the Lot 1 of the Gabossi Exemption. The property is
located at HWY 6 west of the Canyon Creek & I-70 intersection. The property is approximately
20.22 acres. Presently, there is only one residence on the property (the applicant's home). The
location of the proposed ADU will meet all respective setbacks for the ARRD zone. The proposed
ADU will be located in an area with large trees that will provide adequate screening from any
adjoining uses (see photo).
The proposed ADU will be a single family residence that will serve leasehold interests only.
The drive way leading to the proposed ADU is not in place yet. The applicants will need to address
this prior to issuance of a building permit. Shown is a photo of the existing driveway, terminating at the
Gabossi residence
II. APPLICABLE REGULATIONS
A. Special Use Permits are subject to the standards set forth in § 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 if found necessary.
B. Zoning Resolution: An ADU is a special use in the ARRD zone district pursuant to § 3.02.03
of the Zoning Resolution of 1978, as amended. The application must address the general SUP
review requirements in Section 5.03 as well as the specific standards that apply to ADUs
contained in § 5.03.21. These standards are listed below in bold italics followed by Staff
comments.
General Special Use Permit Requirements (§ 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
either be in place or shall be constructed in conjunction with the proposed use.
Staff Comment
There are two wells on the property. One well, permit #52966, serves the Gabossi
residence. The other well, permit #5610, will serve the proposed ADU. The applicant is
proposing to construct an individual sewage disposal system (ISDS). Should this SUP
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request be granted, the applicant shall be obligated to obtain the proper ISDS permit from
Garfield County. This standard 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 Comment
Access to the proposed ADU will be from an existing drive. This existing drive is directly
accessed from HWY 6 and will need to be extended to serve the proposed ADU. CDOT
was notified of the applicant's request. Staff has received no comments from CDOT
concerning the extra traffic this use will generate. If the ADU is approved, the applicants
shall obtain all applicable access permits from CDOT prior to issuance of a building permit.
The applicant shall also obtain all applicable Garfield County grading permits for the
extended driveway. This standard 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 Comment
The proposed location of the ADU is on the northern portion of the property. This location
is furthest away from the highway. The existing landscaping has several mature trees
allowing adequate screening from adjacent areas. As shown on the first photo of this staff
report, there is a natural clearing in the trees for a building envelope. If approved, the
applicant shall use minimal lighting that is shielded to prevent light trespass on other
properties and is downward facing towards the structure. This standard is met.
Specific Special Use Permit Standards for ADU ($ 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 Comment
The property contains 20.22 acres, which exceeds the required minimum acreage for an
ADU. The entire proposed building envelope for the ADU sits on approximately 8 acres
that has no slopes exceeding 40%. This standard is met.
2. The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.
Staff Comment
The applicant has not submitted any formal plans for the proposed ADU. The applicant is
aware the unit cannot exceed 1,500 sq. ft. Compliance to this requirement will be reviewed
at the building permit stage. This standard is met.
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3. Approval from the subdivision homeowners association and/or allowed by covenant if
applicable
Staff Finding
There is no Homeowners Association or Covenants that would restrict the proposed ADU
for the Gabossi Exemption. This standard is met.
4. Proof of a legally adequate source of water for an additional dwelling unit
Staff Comment
The applicant has two wells on the property. One well is serving the Gabossi residence.
The other well, permit #56101, was tested on August 19, 2002. The four hour test
performed by J& M Pump Company found the following results:
• Performance: 4 hour test
• Well Depth: 250'
• Static Water Level: 7' measured from top of casing
• Sustained Yield: 15GPM
• Clarity: Clear
• Recovery: 95% within 15 minutes
• Comments: This well test displays the adequacy for three single family
dwellings to share this well.
Staff has not received a water quality analysis from the applicant. If the ADU is
approved, staff suggests the board require the applicant submit a water quality test prior
to building permit issuance.
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 Comment
The applicant is proposing to use an ISDS for the ADU. Should the SUP request be
granted, the applicant shall be obligated to obtain the proper ISDS permit from Garfield
County. This standard is met.
6. Only leasehold interests in the dwelling units are allowed
Staff Comment
The Applicant understands that only leasehold interests are allowed in the unit. This
standard is met.
7. That all construction complies with the appropriate County building code
requirements
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Staff Comment
The Applicant understands that all construction (septic system and ADU structure) shall
require the appropriate building permits and inspections conducted by the County Building
and Planning Department. This shall be considered a condition of any approval by the Board
of County Commissioners. This standard is met.
III 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.
IV. RECOMMENDATION
Staff recommends APPROVAL, 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 ADU 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 the appropriate ISDS permit as part of the building permit
process for the ADU. This system shall comply with the regulations and standards
required by the Colorado Department of Public Health and Environment.
4. The applicant shall obtain any applicable CDOT access permits and any Garfield
County grading permits.
5. That the applicant shall meet all requirements of the Garfield County Zoning
Resolution of 1978, as amended, and shall meet all building code requirements.
6. That the gross floor area of the accessory dwelling unit shall not exceed 1,500
square feet.
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That the accessory dwelling unit shall not be conveyed as a separate interest but may
be leased.
8. That, prior to issuance of the special use permit, the water quality be tested by an
independent laboratory and meet State guidelines concerning bacteria and nitrates.
V. RECOMMENDED MOTION
"I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property
located at 44523 HWY 6, also known as lot 1 of the Gabossi Exemption, Glenwood Springs, Colorado
with the conditions proposed by Staff."
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PUBLIC NOTICE
TAKE NOTICE that Roc A. Gabossi has applied to the Board of County Commissioners, Garfield
County, State of Colorado, for an Accessory Dwelling Unit, in connection with the following
described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: Lot 1 of the Gabossi Exemption
Practical Description: 44523 Hwy 6 Glenwood Springs, Co 81601 (Approximately 4.5 miles
west of Glenwood Spring)
Pursuant to §5.00 of the Garfield County Zoning Resolution of 1978 as amended from time to
time, this proposal is for a Special Use Permit to allow an" Accessory Dwelling Unit". Such
dwelling unit shall not be more than 1,500 sq. ft. and shall be provided with adequate utilities.
An adequate source of water and an individual sewage system shall serve this unit. The
proposed dwelling unit is on a 20.22 acre parcel. Only leasehold interests will be allowed
occupants. The dwelling unit shall be served from an existing private drive. Adequate
screening will be provided form adjoining uses.
All persons affected by the proposed special use permit are invited to appear and state their views,
protests or support. If you can not appear personally at such hearing, then you are urged to state
your views by letter, as the Board of County Commissioners will give consideration to the comments
of surrounding property owners, and others affected, in deciding whether to grant or deny the request
for the special use permit. The application may be reviewed at the office of the Planning Department
located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado
between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
A public hearing on this application has been scheduled for the 18th day ofJuly, 2005, at 1:15
p.m., in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street,
Glenwood Springs, Colorado.
Planning Department
Garfield County
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Date Notice Was Posted •
By•
BUILDING & PLANNING DEPARTMENT
June 24, 2005
Roc Gabossi
44523 Highway 6
Glenwood Springs, CO 81601
Dear Mr. Gabossi
This letter is to inform you that due to conflicts with County Commission Board
members' schedules there will be no Board of County Commissioners Hearings or
Meetings on July 18, 2004.
As a result of this conflict your item has been rescheduled for August 1, 2005. County
staff members will be responsible for re -noticing your item at the expense of the County.
You will not be responsible for any re -noticing. The Meeting time for the Board of
County Commissioners will be at 1:15 PM in the County Commissioners Chambers,
Garfield County Plaza Building Suite 100, 108 8`h Street, Glenwood Springs, CO. You
or an authorized representative will need to attend this meeting to present your item.
We apologize for any inconvenience this matter has caused you. If you have any
questions or concerns please contact the Building and Planning Department at 970-945-
8212.
Best regards,
Richard Wheeler
Senior Planner
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
BUILDING & PLANNING DEPARTMENT
June 18, 2008
Rocky Gabossi
44523 Highway 6
Glenwood Springs, CO 81601
RE: Special Use Permit request for Accessory Dwelling Unit (ADU)
Dear Mr. Gabossi,
Upon a recent audit of the Garfield County Planning Department's pending Land Use Files,
it has come to my attention that Rocky Gabossi was approved for an Accessory Dwelling
Unit at 44523 Hwy 6 on August 1, 2005. Although this application was approved with
conditions on August 1, 2005, condition of approval number 8 (see attached) has not been
submitted. As a result, the Special Use Permit has not been issued to date. In addition, a
review of the Garfield County Building Permits has reveled that a Building Permit for the
approved Accessory Dwelling Unit has neither been applied for nor issued (See condition
3, attached).
The purpose of this letter is to determine whether the Applicant intends to complete this
application for a Special Use Permit. If the Applicant wishes to obtain the Special Use
Permit, condition number 8 (see attached) must be submitted to the Planning Department.
Any construction or use of an Accessory Dwelling Unit without a Special Use Permit is
considered a Zoning Violation and will be acted upon accordingly. However, if the Applicant
does not intend to obtain a Special Use Permit for an Accessory Dwelling Unit at the
aforementioned property in the future, Staff requests that a letter be submitted withdrawing
this application. A letter of withdrawal will allow the file to no longer be considered
"pending".
Do not hesitate to contact this office in the event you have any questions.
Best regards,
David Pesnichak
Senior Planner
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
June 2, 2005
Roc Gabossi
44523 Highway 6
Glenwood Springs, CO 81601
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for Accessory Dwelling Unit (ADU)
Dear Mr. Gabossi,
This office is in receipt of the Special Use Permit (SUP) request for an ADU on your property. I am
writing this letter to inform you that the application has been deemed technically complete. Please
understand that a determination of technical completeness shall not be viewed as a recommendation
of approval, finding of an adequate application, or a finding of general compliance with any goal or
objective of the Garfield County Zoning Resolution.
This application will be reviewed by Staff and a report will be sent to you. The Board of County
Commissioners will discuss and review the application at a public hearing scheduled on July 18th,
2005 at 1:15 PM. The meeting will be held in the Commissioners' Meeting Room in the Garfield
County Plaza Building, 108 8`h St., Glenwood Springs, CO 81601.
As a matter of process, the Board of County Commissioners shall hold an advertised public hearing
on the proposed Special Use Permit at regularly scheduled meeting. The Applicant shall be solely
responsible for the publication, property posting, and mailing of all notices. Applicant shall present
proof of publication and mailing at or before the meeting. The item cannot be heard if correct
noticing requirements have not been met. Notice for the meeting shall be given as follows:
1. Notice by publication, including the name of the applicant, description of the subject lot, a
description of the proposed subdivision and nature of the meeting, and the date, time and
place for the hearing shall be given once in a newspaper of general circulation in that portion
of the County in which the subject property is located at least thirty (30) but not more than
sixty (60) days prior to the date such hearing, and proof of publication shall be presented at
hearing by the applicant.
2. Notice by mail, containing information as described under paragraph (1) above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within two
hundred feet (200') of the subject lot, all owners of mineral interest in the subject property,
and all tenants of any structure proposed for conversion to condominiums, at least thirty (30)
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
but not more than sixty (60) days prior to such hearing time by certified return receipt mail,
and receipts shall be presented at the hearing by the applicant.
3. The site shall be posted such that the notice is clearly and conspicuously visible from a public
right-of-way, with notice signs provided by the Planning Department. The posting must take
place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the
sole responsibility of the applicant to post the notice, and ensure that it remains posted until
and during the date of the hearing.
Enclosed is the appropriate notice and "posting sheet "for the Board of County Commissioners
meeting.
Note: Please submit 8 copies of the completed application to this office no later than June 13th
2005. If the copies have not been submitted by this date, your public hearing may be
jeopardized.
Do not hesitate to contact this office in the event you have any questions.
Richard Wheeler
Senior Planner
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April 21, 2005
Roc Gabossi
44523 Highway 6
Glenwood Springs, CO 81601
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for Accessory Dwelling Unit (ADU)
Dear Mr. Gabossi,
This office is in receipt of the Special Use Permit (SUP) request for an ADU on your property. I am
writing this letter to inform you that the application has been deemed technically incomplete. The
Garfield County Building and Planning Department needs additional information in order to review /
process the application. Your timeliness in providing this information will expedite our ability to
place your application on the public hearing agenda. Please provide information that more
specifically addresses each of the following items.
1. If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If you
will be utilizing well water, please attach a copy of the appropriate well permit and any other
legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed use.
Your submittal contained a well permit for a well assumed to be located on your property.
However, this well only allows for water to serve one single-family dwelling with no other uses.
It therefore cannot serve the proposed SDU. This is a significant issue and Staff cannot
recommend approval of any application with inadequate physical / legal water supply. Please
address this issue.
2. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to your
property (which should be delineated). In additional, submit a list of all property owners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
Assessor's Office.
3. Submit a copy of the deed and a legal description of the subject property.
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
4. Submit a specific statement to each of the following criteria from Section 5.03 of the Zoning
Regulations:
(1) 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.
(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;
(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;
5. You are required to demonstrate that the property for which you seek to construct an ADU
contains a building envelope of at least 2 acres with slopes less then 40%. This was not included
in your application. Please address
Do not hesitate to contact this office in the event you have any questions..
Very truly yours,
Fred A. Jarman, AI
Assistant Planning Directo
970.945.8212
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