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Home My WebLink About2.0 BOCC Staff Report 05.10.2004Exhibits for Gressett SUP Family Dwelling Unito for Two rrtri?."ring held on MaY 10,2004 Proof of Publication Garfield ions of 1978, as amended Garfield ive Plan of'2000 StaffMemorandunf REOUEST APPLICANT LOCATION SITE DATA ACCESS WATER SEWER EXTSTING ZONING BOCC 05/10/04 - JH PROJECT INFORMATION AND STAFF COMMENTS A Special Use Permit to allow the conversion of a single family dwelling unit to a two family dwelling unit. Todd Gressett Lot 56, Cerise Ranch SuMivision, Phase I 2.004 acres Sunflower Loop Mid Valley Metropolitan District Mid Valley Metropolitan District A/R/RD -2 I COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site is within Study Area I in area designated as Subdivision land. DESCRIPTION OF THE PROPOSAL The Applicant proposes to convert a portion of a single family dwelling unit (Mainunit) onthe View: West, at the proposed Two-Family Dwelling - finished first level of a recently (Fall2003) permitted principle single family dwelling unit, the new unit is designated as the Second Unit . The second dwelling unit will account for 960 sq' ft. ofthe total3,376 sq. ft. home size. The Second Unit would contain I bedroom with closet, a kitchenette, living roonl full bathroom, utility room and three (3) egress points to the exterior of the home. There is, but upon approval, will be no interior access between the dwelling units. The exterior and interior design of the house will remain the same whether an approval is gained. The only difference with an approval would be the Applicant would add appliances to the kitchenette build a one hour firewall and eliminate the interior door. The property is 2.004 acres and also has a detached 3 cat garage. III. REVIEW AGENCY AND OTHER COMMENTS: The application was not referred to any agencies for comments. IV. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in Section 5.03 of the Zonng 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: A two family dwelling unit is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zonng Resolution of 1978. The application must address the general Special Use Permit requirements in Section 5.03. The requirements / standards are listed below n bold italics followed by a Staffresponse: General Special Use Permit Requirements (Section 5.03) 1) Utilities adequate to provide waler and sanitation service bosed on accepted engineering standords 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: At present, the structure has been plumbed for water and wastewater. The property has gained clearance for both water and waste water service fromthe Mid Valley Metropolitan District to accommodate service for the additional dwelling unit. This item has been met. 2) Street improvements adequote to accommodate lraflic volume generated by the proposed use and to provide sofe, convenient access to the use shall either be in place or shall be constructed in coniunction with the proposed use; v. Staff Finding: The ADU will only generate 9 or less trips a day which will have very minimal affect on the county road system. Further, there is ample space to locate parking on the lengthy drive and within the three car garage on the 2 acre property. This item has been 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 o monno os to protect established neigh borhood character; Staff Finding: The conversion of the southern portion of the single family dwelling unit will have minimal impact on adjacent uses ofland. The 2nd unit is thoughtfully included architecturally as part of the structure. Although the large lot does not need to be screened the applicant is providing several berms and sculpted ground swales that act as a slight low-level visual buffer, sound buffer, and water runoff diversion from adjacent lots that have not yet been properly excavated and landscaped. This item has been met. SUGGESTED FINDINGS That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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 healttr, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application is in conformance with the Garfield CountyZoning Resolution of 1978, as amended. VI. RECOMMENDATION Staffrecommends APPROVAL, with the following condition: l. AII 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. 1. J. 4. r / o u&,*#-klfu*,Wk":!#K*K *",.$ ^ *,,r t,t/l MTt { / u' :":ry'f:1"^::rx,:,*:T,:l'::::,Y l*P"Y**:'flT:J:,*:H:,1?I lf,/| - / f ( geftlllUatg UI UUUUPaITUy ilalJ ussu lrDllvu uJ luw uuuvurE t | , ,,4 { permit for ,""ord dwelling unit shall be applied for and construction and/or ,ilt !n' nl , improvements of said structure shall commence within 180 days ofthe issuance of 'n 'l / ln r f l, ,tL the Special Use Permit which itself is only valid for 120 days from the date of L l" ,lW{n issuance as per Section 9.01.05. Ifthe Applioant does not finish construction, the ll { ,/U-'l- Building permit is revoked, and the Applicant does not eventually receive a " ' , 1.J' l, Certificate of Occupancy for the Prir,nary Dwelling Unit, then this Special Use i l*t ' u Permit shall became null and void. It'-l J.All lighting associated withthis struct shall be the minimum amount necessary and all exterior lighting will be di ed inward and downward, towards the interior of the lot. .YII.RECOMMENDBD MOTION "I move to approve the Special Use P creating a two family Dwelling Unit fo Cerise Ranch,." hus Lot 56,20 Sunflower Loop, 4 B2/7812984 t2"88 97A-927-Lb77 MUMD BASALT COLDRADD Mid ValleY MetroPolitan District 0o31DurouxLane.SuiteA.Basalt,co81621-9357 Phone: (970) 927'4077' Fax (970) 927-1017 1 December 2003 Ms. Tarnara Pregl, Serrior Planner Garfield County Building Depadment 1og Eth St.. suite 303 Glenwood SPrings, CO 81601 Dear Ms. The purpose of this letter is to inform you as administrator for the Mid Vallt, Metropolitan District that, subject to the conditions stated below, the District has the "rpr"ify to and will provide potaUle water and sanitary sewer service to the single- farnlty horn" with an ADU requested by Todd Gressett for his property_located at Lot 56 of the Cerise Ranch Subdivision in Garfield County, Colorado. The following conditions "pp,V to the District's agreement to provide potable water and sanitary sewer service to Mr. Gressett's single-family home and ADU: Todd Gressett ProPertY Lot 56, Cerite Ranch Subdivision, Garfield County, CO Mr, Gressett shall comply with the District'S water rights dedication requirements set forth in Article X of the Rules and Regulations. Mr. Gressett shall pay the District's ordinary water and sewer tap fees pursuant to Section i.OS of the District's Rules and Regulations prior to inaking a physical connection to the District's lines. Mr. Gressett shall pay the Cerise Ranch Surcharge fee for Lot 56 of $11,000 prior to making a physical connection to the District's lines. Mr. Gressett shall enter into a Pre-tnclusion Agreement with the District requiring the inclusion of his property into the District- 1. ?. e 4. tf you have any questions. please d.snlt hesitate to call, Office hours are Monday through Thursday, 9 a.m. - 3 P m, Regards, MID VALLEY METROPOLITAN DISTRICT Eef qW\"tf ""r--f,d^^..^ xe try rvfElla n.lron n.o n, Adm i n istrato r Todd Gressett, 1014 Wheel Dr,, Carbondale, CO 81623 Leavenworth & Karp, PC. (ot- oozx G LJ66 o, Ii}= o hrkt {4d!.7t"D'L *rllow Slfl Enterprises LLC * 0124 Totteerdown Road, Aspen, CO 816{1 . March 29,2OO4 Garfield County Board of County Commissioners RECEIVED MAR $ 1 2004 3fr'6284 Planning Department GARFIET_;r COUNTY Reference: Apprication for a speciar use pen*umnngo**A1lyB9lv"rrng Unit) for Lot 56, cerise Ranch Subdivision, Phase 1. SW Enterprises owns the properg (Lot 55) immediately adjacent to the property in question. I have serious concerns about the application and, if approved, the impact it will make on the neighborhood. I am concerned that by approving a Multiple Family Dwelling Unit, this action will set a precedent for the Cerise Ranch Subdivision that could seriously erode the value of the building site that I purchased and the value of all other building sites. lf approved, this condition will change the nature of the community as designed, increase the traffic and increase the density. You will notice in the letter attached that the application is based solely on the ability of Winona Hoffman, the mother in law of Todd James Gressett, to reside in the home. I would support the application with the following provisions: 1.That only Winona Hoffman can reside in the separate living unit. lf and when Ms. Hoffman no longer resides in the separate living unit, the home will revert back to a Single Family Dwelling Unit and any installations in the home that make it a Multiple Family Dwelling Unit be removed. 2. The unit can never be rented, sublet or subdivided under any circumstances, except if there is a consideration for rent to be paid to the Gressetts by Ms. Hoffman for her sole use of the separate living unit. 3. ln the event the home is sold it must automatically revert back to a Single Family Dwelling Unit and any installations in the home that make it a Multiple Family Dwelling Unit be removed. 4. That these restrictions become part of the deed of the propefi. Failing these conditions I respectfully request that the application be denied. Sincerely yours,a ru,lez Steven Waldeck Owner, SW Enterprises LLC HOlv'lESoNINTERGREEI.]99948 O 85/t6/2A84 r.8:56 97494 'ondum To: Jim HordcoslleFrom: Jefl SponelCC: Arl Kleinslein & Iodd GresseilDqle: Moy I0,2004Re: Cerise Rcnch Lot 5d ADU AppticotionFile: lot 56 DRB {ileVio. Fox 970-384-3420 winiergreen Homes. Ll,C 7Z Melcolt Rood. Box l53O AYon, Colorodo 81 620 970/949-1120 lox 97O/919-99nO PLEASE DISREGARD THE,I EMORANDUM THAI wAs sENT To you EARLIEn ToDAy - tT MISTAI(ENtY REIERS TO AN AFPLICATION FOR LOI52. I om witing on beholf of Cerise Ronch. LLC lo supporl Todd Gressetts opplicolion io odd on ADUlo lol55 of lhe Cerise Ronch subdivision. The Cerise Rqnch properly hos been onnexed inio the Mid Vqlley Metropolilon Dislrict. The District ossumed operollon ol the woier system on Morch I , 2004. The sewer moin is substontiollycomplete, on the District is providing sonitory sewer servace lo the subdivision os well. CeriseRonch, LLC hos ononged for, qnd poid the District the required fees to provide woler for thisADU, lf you hove questions, pleose feelfree lo coll, Ihis documeni moy contoin .EE!!!LESED ond/or CpNEIDENIIAI intormolion Intended oNLy ,or the use of the sDect,tcindividuol or enlilv nomed obove. tl you ore noi trte rnrenoeo recipient, you ire-hereuy norilnolnoiony u-nournoraeadissemlnolion ot copying of thls documenl or lhe lnformotion conroined in il i! ridcfly prohlbiled. rl yov hove receivecllhis dacument in eryor, pEoie nolity lhe sender ol once by,e,ephone ond.eturn lhe orlglnot document to lhe oboveoddress vio lhe US posrql Service Tfr,Onk you. riry o 3,2WWednesday, March Dear Neighbors: Lft us ttrst rntroduce ourselves. we are I odd and Holly uressett and we have a tour- year-old son named Dylan. We purchased [,ot 56, in Cerise Ranch, and are currently burldrng a J,UUU sq. toot home on our property. we both grew up ln Basalt, I odd graduated from Aspen Country Day and Holly graduated from Basalt High School. Holly's is fifth-generation Roaring Fork Valley. Todd's family has lived here since t96r,. we are wnttng thts letter because we are plannrng to obtarn a Specral use rerrntt trom Garfield County and wanted to make you awarc of our plans. We will be having Holly's motner, wlnona Hoffman wno grew up rn the Koanng t'ork valley and graduated Carbondale High School to live with us. uur nouse wtll accommodate us, as well as Holly's mom. \rye would lrl(e to tnstall a smdl kitchen in her section of the house. We have spoken to the county and they require a Special Use Permit to redefine our single-family home into a duplex which would then allow us to install this feature inside our home. I he extenor desrgn ot the house wrll remarn the same regardless ot whether the Speclal Use Permit is approved. The only difference will be that if the Special Use Permit is approl,ed, she wtll De aDte to have a range, stnk and drsnwasher. I he county wrll never allow these two separate units to be subdivided and sold. I here wtll De a heanng scheduled at the uartreld uounty L'ourthouse regardrng thrs permit. I have enclosed the official notice I am required to send you (any property owner within 200 feet), along with some drawings and photos to show you what we are working on. It you have any questrons or concerns, please grve l'odd a call ( :bs-yl5u or 6l U- I5y6), and he can discuss your concerns or answer your questions. Or swing by the house in the afternoon and evening, and we can give you a tour- we all look torward to becomlng a part ot the nelghborhood. .l hank you rn advance tor your supporl Sincerely, Todd and Holly Gressett -----Original Message----- From: Gay Moore [maifto:gmooreGpostindependent.com] Sent: Thursday, April 01, 2004 8:57 AM To: Jim Hardcastfe Subject: Re: GresseLt Publ-ic Notice Hi Jim, got the emaif yesterday, sorry I didn't reply at that time but I just ran out of day. Thanks! Gay "Jim Hardcastle" <jhardcastleGgarfield-county.com> writes: >Hope that you are having a great dayl Could you please place this >attached Pubfic Notice in the Monday April 5, 2004 paper? >Coutd you confirm with an emaif??? >Thanks for your attention to this matter. >Jim Hardcastle )Senior Planner >910-945-8212 >Garfield County, Building and Planning >108 8th Street, Suite 201 >Gfenwood Springs, CO 80601 Gay Moore Glenwood Springs Post Independent 2014 Grand Avenue Glenwood Springs, CO 81601 970-945-8515, ext. 524 gmoore Gpostindependent . com www. posti-ndependent . com "To proclaim the right to dissent is to declare why the United States is a country worth fighting for." -8.J. Dionne, Jr., col-umnist., The Washlngton Post )Arrr1 c Hluea1r Q-. Gnrfield CountY Road and Brictge, District I 7300 Hwy E2, Glenwoo'd Springs,-CO-El60I tuti-g+s-t223 ph. g1t-Ittt FAx Dete: 07-15-03 To: Building & Planning From: Bobby Branhsm Re: DrivewaY Permit exernPtion For: '[odd Gressett l0l4lltreel Dr, Carbondale CO Locrtionl 20 Sunflower LooP (Lot 56 Cedse Ranch) Carbondale CO Scopc of lYork: Obtain buildirrg permit Roed end Bridge Concerni: This propetly lirls outside the system of maintained county roade, and is therefore exempt ftom Ccrunty d:'iveway petmit requifements. dfi/*L-- Bobby Bran-haln Dist,l Road urd Bridge Garfield County Road and Bridge, District L 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph, 945-1318 fax Date: 03-30-04 To: Jim Hardcastle Building and Planning From: Bobby Branham Re: Perry Special Use Permit Road and Bridge does not have any concerns with respect to the request for special use permit. However, the applicants will need to obtain a driveway permit or letter of exemption prior to construction of the primary residence. Bobby Branham Dist. I Road and Bridge O February 26,2004 Todd Gressett 1014 Wheel Drive Carbondale, CO 81623 RE: Special Use Permit for a two-family dwelling Dear Mr. Gressett, Thank you for the additional information you have submitted to this office regarding previously non- compliant sewer service and other administrative issues. I amwriting this letter to informyouthatthe Garfield County Building and planning Department has determined your applicationtoktechnically complete. please note, t|is determination is not a determination of approval. It only means you have submitted the information necessary to conduct a substantive review' Staff has scheduled your request to be heard by the Board of County Commissioners as a public hearing ontheir r.g.it*ty scheduled meeting date ofMay 10,2004 at 1:15 P.M.I have includedthe public notice form whici, you are required to mail and publish according to the language below' In uaaitioru I have placed a completed poster sign for you to pick up at out office at the front counter. you will post this sign at the property according to the language below regarding posting notice' please submit 15 copies of all the information you provided to Staffin your application so that we may provide them tothe appropriate referral agencies and the Board of County Commissioners for their review. Staffwill need to have these copies no later than two weeks prior to the meeting date of April 5, 2004by 5:00 PM. Please review the public notice requirements below. Please Note: Proper noticing is your responsibility. l) Notice by publication, including the name of the applicant, description of the subject lot, a descriptionofthe proposed,s" *d nature ofthe hearing, and the date, time and place forthe hearing shall be given once in a newspaper of general circulation in that portion ofthe County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof ofpublication shall be presented at hearing by the applicant. 2) Notice by mail, containing information as mailed to all owners of record as shown in described under paragraph (1) above, shall be the County Assessor's Office of lots within two rl