HomeMy WebLinkAbout2.0 Staff ReportREQUEST:
BOCC 02/11/02
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: Peter/ Eileen Gilbert
LOCATION: 4480 CR 100
SITE DATA: 35.8 acres
ACCESS: CR 100
WATER: Well
SEWER: ISDS
EXISTING ZONING: A/R/RD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000, this site lies in a Medium
Density Residential Zone District, which calls for 6 to 10 acres per dwelling unit. Given this
definition, this application is in general conformance with the Comprehensive Plan.
II. DESCRIPTION OF THE PROPOSAL
A. Site & Project Description: The applicant is proposing to construct a 836 square foot
accessory dwelling unit above a 968 square foot detached barn. An existing well
will accommodate the accessory dwelling with a separately constructed ISDS. The
intention of this unit is to be used by a caretaker to serve the larger needs of the
property.
III. 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
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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 size of the lot.
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 40% 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.
(4) 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 are allowed.
(7) That all construction complies with the appropriate County building code
requirements.
The relatively flat lot exceeds the minimum lot size standard and the accessory
dwelling unit is within the maximum square footage limitation of 1,500 square feet.
)The existing well will supply water and a separately constructed Individual Sewage
Disposal System (ISDS) will handle wastewater. The applicant has provided a copy
of the Los Pinones Ranch Subdivision covenants, which state that an accessory
dwelling unit is an allowed use. The applicant should understand that the accessory
dwelling unit may be leased but may not be conveyed as a separate interest in the
future.
C. Access: The proposed access is an existing driveway off of Los Pinones Ranch
Road, which also serves the existing residence. The proposed access appears to
be both legally and physically adequate.
D. Water: The applicant has provided a copy of well permit, #221302 which allows
the applicant the applicant the water rights for three (3) single family dwelling
units, the watering of domestic animals, and the irrigation of not over one (1) acre
of home gardens and lawns. This permit is more than adequate to accommodate
the water needs of the proposed home and the accessory dwelling unit. Thus, the
applicant appears to have the necessary legal water rights.
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equacy of the physical supply of water. The followin formation must be
prow • =• .rior to issuance of a special use permit:
1) That a four our pump test be per • rmed on the well to be used;
2) A well completio . ort dem. strating the depth of the well, the
characteristics of the aqu d the static water level;
3) The results of the four our . I 41. test indicating the pumping rate in
gallons per minute . d information s . g drawdown and recharge;
4) A written opin , of the person conducting - well test that this well
should be . • equate to supply water to the ext _ home and an
access. dwelling unit;
5) An . sumption of an average or no less than 3.5 people per • . ening
it, using 100 gallons of water per person, per day;
) The water quality be tested by an approved testing laboratory and meet
State guidelines concerning bacteria, nitrates and suspended solids.
E. Sewer: The proposed accessory dwelling unit will be served by a newly constructed
individual sewage disposal system. The applicant should note that Colorado
Department of Public Health ISDS standards apply. The applicant shall acquire an
appropriate septic permit as part of the building permit process.
IV. 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.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions:
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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;
2. 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 complied with; The applicant shall
acquire the appropriate septic permit as part of the building permit process.
4. This approval shall be valid until 02/11/03. If the applicant fails to meet these
conditions by 02/11/03, and subsequently the special use permit is never issued, the
approval shall automatically expire, unless an extension is granted by the Board of
County Commissioners.
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