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Home My WebLink About2.0 BOCC Staff Report 06.11.2001REQUEST: APPLICANT: LOCATION: • • BOCC 6/11/01 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for a two family dwelling unit. Steve Heinig 90 Cotton Hollow Lane, aka Lot 2 of the Cotton Hollow Subdivision, NE 1/4, SW 1/4, Section 12, Township 7S, Range 88W 6th P.M., northeast of Carbondale SITE DATA: 5 +/- acres ACCESS: CR 113 WATER: Augmented well SEWER: Existing ISDS EXISTING ZONING: A/R/RD PROJECT HISTORY The original application was made on March 8, 1999 for a special use permit for an accessory dwelling unit. Planning staff processed the application as such and the public hearing was set for May 4, 1999. At that time the applicant failed to provide adequate evidence that the public notice requirements had been met. There was also a concern about the apparent lack of legal water rights. The applicant stated that he would resolve the water rights issue and would proceed forward with a new public hearing date. The applicant reactivated the file in May of 2001 at which time staff determined that the application was technically for a "two family dwelling" and not an "accessory dwelling unit", since the units are within a single building. H. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the 1995 Garfield County Comprehensive Plan, this site is an existing subdivision and thus does not have a suggested density. It is bordered by federal lands to the north and east. To the south lies the medium density residential district and to the west lies the low density residential district. With a two family dwelling the proposed density is one dwelling unit per 2.5 acres, which is a medium/high density. The proposal does not appear to be inconsistent with the Comp Plan. Page 1 of 5 • • I III. DESCRIPTION OF THE PROPOSAL 1. Site & Project Description: The applicant is proposing to finish the existing space above the garage to create a 800 square foot rental apartment. The apartment will be contained within the existing structure and will have a small kitchen, laundry area, storage, and living quarters. The applicant is proposing to expand the apartment at some point in the future to make it a two bedroom unit. 2. Site Layout: The site is laid out with a 2 -story frame house located at the north end of the property in the building envelope. The gravel driveway extends from Cotton Hollow Lane across the entire site to the adjacent Lot 1 (See map ). The driveway provides access to the site to the east and west of the existing house. At least 7 cars can be parked in the driveways. The center of the site is occupied by Cattle Creek and the 100 year floodplain, in which no building is proposed. III. MAJOR ISSUES AND CONCERNS A. Zoning: A two family dwelling is considered a special use in the A/R/RD zone district pursuant to Section 3.02.03 Zoning Resolution of 1978, as amended. A two family dwelling is defined as "a building containing two dwelling units". Section 5.03 does not contain any special standards particular to two family dwellings. B. Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. Utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means are specified in this section. Provisions shall be made to comply with these regulations, as discussed below. C. Legal Access: Access will be provided via a 30' wide driveway easement extending from Cotton Hollow Lane across the entire lot to an adjacent lot, Lot 1. Access to Cotton Hollow Lane is from County Road 113. D. Water: The application contains a copy of a signed ruling of the referee for case no. 2000CW136, which concerns an application for water rights for Barry Till, Jane Till, Marc Bassett, Erin Bassett, Allen Harrelson, III, Teri Harrelson, Russell Fritz, Pam Fritz, Stephen Heinig, Karen Olson, Arthur Forbes, and Janice Forbes. In addition to various other uses for other lots, said ruling allows for two dwelling units, and the irrigation of 5,000 square feet of lawn and gardens on the subject property (Lot 2). Water for augmentation purposes will be supplied by releases from Green Mountain and/or Ruedi Reservoir, and from the Park Ditch and Reservoir. The Homeowners' Association shall own the contracts and be responsible for ensuring that the conditions of the decree are met. A copy of the approved well permit has not been submitted. Said copy shall be submitted prior Page 2 of • • to issuance of the special use permit. The application does not contain any information pertaining to the adequacy of the physical supply. The following information must be provided prior to issuance of a special use permit: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to a two family dwelling unit; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. E. Sewer: The Colorado Department of Public Health ISDS standards apply. The applicant has an ISDS permit, #2075 issued in 1993, which is sized for four (4) bedrooms. This permit may be inadequate for the proposed use. The applicant should provide and engineer's opinion as to whether the SDS is sized appropriate) for the existing house and the dwelling unit prior to issuance ofuilding permits If necessary, a new ISDS shall be constructed prior to occupancy of the second dwelling unit. F. Building Permits: The applicant must obtain the necessary building permits prior to construction of the second dwelling unit. State and Local Health Standards: No other State and Local health standards are applicable to the application. IV. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the meeting 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 Page 3 of 5 • • welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended and the 1995 Garfield County Comprehensive Plan. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 1. That 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. These representations include, but are not limited to, the following: a. The second dwelling unit shall be constructed above the existing garage. b. The second dwelling unit shall not exceed 2 bedrooms. c. Seven parking spaces shall be provided and maintained for the two family dwelling. 2. That the second dwelling unit be built according to the Garfield County building code. Substantial changes to the plan, such as but not limited to a change of location or substantial increase in square footage, will require another review which may or may not be approved by the Board of County Commissioners. 3. That the applicant comply with the Zoning Resolution of 1978. 4. That all State and Local health standards be complied with; The applicant shall provide a qualified engineer's opinion as to whether the ISDS is sized appropriately for the existing house and the two bedroom dwelling unit prior to issuance of the building permit. If necessary, a new ISDS shall be constructed prior to occupancy of the second dwelling unit. 5. That the applicant provide a copy of the approved well permit, prior to issuance of a building permit and special use permit; That the following information must be provided prior to issuance of a special use permit: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well Page 4 of 5 should be adequate to supply water to a two family dwelling unit; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. Page 5of 5