HomeMy WebLinkAbout3.0 CorrespondenceTHE LANDS
landscape architecture land planning
bDOINC.
community planning
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
August 4, 2014
Mr. Glenn Hartmann, Senior Planner
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: ADU Application for Parcel 2391-182-00-252
Owners: Big Juniper, L.L.C.
Dear Glenn,
This letter is in response to the completeness review letter submitted to The Land Studio, Inc on July 16,
2014 for the Big Juniper LLC Application of an Accessory Dwelling Unit. The following are responses to that
attached letter.
1. The Application needs to include a Statement of Authority Form for the Big Juniper LLC. The form
typically is required to be recorded. It will document the authority for Michael Feigenbaum to
sign for the LLC.
The signed and recorded Statement of Authority Form has been included in the supplemental
package.
2. The Application will also need to include a letter from the Big Juniper LLC authorizing The Land
Studio to represent them in regard to this application.
The signed letter of authorization has been included in the supplemental package.
3. The Roadway Waiver and Traffic Study waiver requests should include reference to the Review
Criteria for the respective waivers. The criteria for submittal requirement waivers is found in
Section 4-202 and the criteria for waivers from standards is found in Section 4-118
The revised waiver request letter has been included in the supplemental package.
4. The Application needs to include a submittal waiver request regarding the water supply plan and
the pump test and water quality testing requirements.
A pump test and water quality test is included in the supplemental package.
5. The Application needs to include any available information on the shared access drive such as a
shared driveway agreement or easement provisions.
The shared driveway agreement is included in the supplemental package.
6. While not technically a completeness topic any information that you can provide in the Application
The Land Studio, Inc.
to address covenants and/or plat notes associated with the property that address accessory
dwelling units would help to facilitate the review process.
It has been confirmed throught the office of Michael Feigenbaum that there are no recorded
covenants affecting the property, and neither of the recorded plats (Book 1238 Pg. 991 or First
Amendment, Reception No. 589860) include any plat notes relating to accessory dwelling units.
Please call to discuss as necessary and thank you for your attention to this request.
Sincerely,
THE LAND STUDIO, INC
By:
The Land Studio
2
July 16, 2014
Doug & Julie Pratte
The Land Studio Inc.
365 River Bend Way
Glenwood Springs, CO 81601
Community Development
108 8th Street. Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
RE: Big Juniper ADU Administrative Review
(File No. GAPA-7986)
Dear Doug and Julie:
This letter is in regard to our completeness review of the Application you have submitted
on behalf of the Big Juniper LLC for an Accessory Dwelling Unit. The property is
located at 3765 County Road 103 and is also known by Assessor's Parcel No. 2391-
182-00-252.
Our completeness review included input from the County Attorney's Office and has
noted the following items that need to be addressed prior to a determination of technical
completeness.
1. The Application needs to include a Statement of Authority Form (see attached)
for the Big Juniper LLC. The form typically is required to be recorded. It will document
the authority for Michael Feigenbaum to sign for the LLC.
2. The Application will also need to include a letter from the Big Juniper LLC
authorizing The Land Studio to represent them in regard to this application.
3. The Roadway Waiver and Traffic Study waiver requests should include reference
to the Review Criteria for the respective waivers. The criteria for submittal requirement
waivers is found in Section 4-202 and the criteria for waivers from standards is found in
Section 4-118.
4. The Application needs to include a submittal waiver request regarding the water
supply plan and the pump test and water quality testing requirements.
5. The Application needs to include any available information on the shared access
drive such as a shared driveway agreement or easement provisions.
6. While not technically a completeness topic any information that you can provide
in the Application to address covenants and/or plat notes associated with the property
that address accessory dwelling units would help to facilitate the review process.
Once the above information is provided we can finalize our completeness review,
schedule a date for your Director's Decision and proceed with the public notice
requirements. Also, once determined to be complete, you will need to provide
additional copies of the submittal materials to send to referral agencies.
Please note that the Garfield County Land Use and Development Code requires that the
technical completeness issues be resolved within 60 -days of the date of this letter,
otherwise the application will be deemed withdrawn unless a request for extension is
submitted and approved.
Please feel free to contact me with any questions on the completeness topics noted
above. We look forward to scheduling your Director's Decisions as soon as possible.
Sincerely,
Glenn Hartmann
Senior Planner
851521 07/17/2014 02:47:22 PM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee: $11.00 Doc Fee: $0.00 eRecorded
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
Big Juniper LLC , a Cobradolimitad %battycowman./ (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding -title to real property (the "Entity"), and states as follows:
The name of the Entity is B1g Jix rl.LC
and is formed under the laws of Co( do
The mailing address far the Entity is 132 Mlanod Avenue. St 4, sena, CO B1821
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting tide to real property on behatfof the Entity is mFeigenbaum.?lamer
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): None
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):
EXECUTED this tom+ day of At/ 2014
Signature:
trq-,,(40
Name (printed): Wheel Fe[gen
Title (if any): vanegee
STATE OF Colorado
COUNTY OF Ea960
The foregoing Instrument was acknowledged before me this lTm day of Leh+ , 2014
by 11,41choer Feigenbaum, as klar,■gtr► , an behalf of Big Juniper 1�C
Colorado Honked liability company
ll coorMrlian
. Witness my hand,and;gfflcial sea[.
My commission expires: ‘, ° 7• ?7- 40111
(Date) ( teary Publ
[sEAt I
a
BIG JUNIPER LLC
132 MIDLAND AVENUE, SUITE 4
BASALT, CO 81621
July 18, 2014
Mr. Glenn Hartmann
Garfield County Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Big Juniper Application
Dear Mr. Hartmann,
This letter is to certify that the undersigned, Michael Feigenbaum, Manager of Big
Juniper LLC, authorizes Douglas and Julie Pratte of The Land Studio, Inc. to .represent
Big Juniper LLC for the Big juniper Accessory Dwelling Unit request in Garfield
County.
The contact information for The Land Studio, Inc, is:
Douglas and Julie Pratte
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, CO 81601.
(970)927-3690 phone
landstudio2 tDcomcast.net
Sincerely,
(Th
1)04\
Michael Feigenbaum, Manager
Big.; juniper LLC
November 1iti, 2013
MHPRO l_LC
Michael Feigenbaum
132 Midland Ave. Suite. 4
Basalt; Ct;J. 81621
i •III\: NIie11.c1
n n•1
9r -a- a 3
On i 1/141137 a well test wtLS ciuncloelt:cl on a well a. 3765 County Road 103. 'I1
ICJIIt?w nt inforFTIi:Jlion WU'i clbta9llcd.
WoIII Depth------- __. .. -- 188'
Casing Size - --- _.-- 5"
Standing water level------- „-•- 1.1w'-fi 1,12.”
Total test time- - • — i Hours
l.)tawr owu to - ---- , ,148'-14)
ar
Production i3 greater than- ----- ------ 8 GPM
l i s Iewt w'ali conducted with the existing. pump. The wolf water level recovered back to
J �4�"•G'A" i.fl ? Minutes. "Ilse well pumping. rate was limited.bv the existing well pump:
I11e drawdown would indicate a much greaser production Ihun 8 gprn, If you have any
questions please call me, Raun Sa tnuelsort at 970-945-6309.
Sincerely;
111
Raun F. Samuelson
Samuelson Pump Co.
FO. Box 297 - Glen..v oU Springs,. CO 81602 • (97C0 9215-630 fax (970 947-(414
Water S4fslo.rns Salm-. Service % installation
Informational Water Quality Report
Well -Check
Client:
BJ
3764 Cty Rd 103
Ordered By:
Aspen Waterwise
210 H AABC Street
Aspen, CO 81611
ATTN: David Dawson
Definition and Legend
El National Testing
Laboratories, Ltd.
Quality water A nalys4
6571 Wilson Mills Rd
Cleveland, Ohio 44143
1-800-458-3330
Sample Number: 841204
Location: Hose Bib
Type of Water:
Collection Date and Time:
Received Date and Time: 11/15/2013 10:00
Date Completed: 11/25/2013
This informational water quality report compares the actual test result to national standards as defined in the EPA's Primary and
Secondary Drinking Water Regulations.
Primary Standards: Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that
is allowed in drinking water. MCLs are enforceable standards.
Secondary standards: Are non -enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin
or tooth discoloration) or aesthetic effects (such as taste, odor,or color) in drinking water. Individual
states may choose to adopt them as enforceable standards.
Action levels: Are defined in treatment techniques which are required processes intended to reduce the level of a
contaminant in drinking water.
mg/L (ppm):
Minimum Detection
Level (MDL):
ND:
Unless otherwise indicated, results and standards are expressed as an amount in milligrams per liter or
parts per million.
The lowest level that the laboratory can detect a contaminant.
The contaminant was not detected above the minimum detection level.
NA: The contaminant was not analyzed.
The contaminant was not detected in the sample above the minimum detection level.
The contaminant was detected at or above the minimum detection level, but not above the referenced standard.
The contaminant was detected above the standard, which is not an EPA enforceable MCL.
The contaminant was detected above the EPA enforceable MCL.
These results may be invalid.
Status Contaminant Results Units National Standards Min. Detection Level
Microbiologicals
Iron Bacteria by P/A
Iron Related Bacteria is Present in this sample, with an estimated population of
2,300 cfu/mL.
/AX
Total Coliform by P/A
Total Coliform bacteria was present in this sample and E. coli was absent.
However bacteria results may be invalid due to lack of collection information or
because sample has exceeded 30 hour holding time.
Inorganic Analytes - Metals
Aluminum
ND
mg/L 0.2 EPA Secondary 0.1
Arsenic
ND
mg/L 0.010 EPA Primary 0.005
Barium
ND
mg/L 2 EPA Primary 0.30
Cadmium
ND
mg/L 0.005 EPA Primary 0.002
• Calcium 47.8 mg/L 2.0
49. Chromium
ND
mg/L 0.1 EPA Primary 0.010
• Copper
0.036 mg/L 1.3 EPA Action Level 0.004
Iron
ND
mg/L 0.3 EPA Secondary 0.020
-.� Lead ND mg/L 0.015 EPA Action Level 0.002
• Magnesium 30.88 mg/L 0.10
Manganese ND mg/L 0.05 EPA Secondary 0.004
Mercury
ND
mg/L 0.002 EPA Primary 0.001
Nickel ND mg/L 0.020
•
Potassium
4.2 mg/L 1.0
Ntr Selenium
ND
mg/L 0.05 EPA Primary 0.020
• Silica
43.7 mg/L 0.1
Silver
ND mg/L 0.100 EPA Secondary 0.002
• Sodium 19 mg/L 1
® Uranium 0.003 mg/L 0.030 EPA Primary 0.001
• Zinc
0.012 mg/L 5 EPA Secondary 0.004
Physical Factors
Alkalinity (Total as CaCO3) 220 mg/L 20
Hardness
Page 2 of 3 11/25/2013 3:59:18 PM
250 mg/L 100 NTL Internal 10
Product: Well -Check Sample: 841204
Status Contaminant Results Units National Standards Min. Detection Level
pH 7.8 pH Units 6.5 to 8.5 EPA Secondary
Total Dissolved Solids 310 mg/L 500 EPA Secondary 20
Turbidity
ND NTU 1.0 EPA Action Level 0.1
Inorganic Analytes - Other
• Chloride
11.0 mg/L 250 EPA Secondary 5.0
Fluoride ND mg/L 4.0 EPA Primary 0.5
Nitrate as N 1.0 mg/L 10 EPA Primary 0.5
Nfr Nitrite as N ND mg/L 1 EPA Primary 0.5
Ortho Phosphate
ND mg/L 2.0
Sulfate
23.0 mg/L 250 EPA Secondary 5.0
We certify that the analyses performed for this report are accurate, and that the laboratory tests were conducted by methods
approved by the U.S. Environmental Protection Agency or variations of these EPA methods.
These test results are intended to be used for informational purposes only and may not be used for regulatory compliance.
National Testing Laboratories, Ltd.
NATIONAL TESTING LABORATORIES, LTD
Page 3 of 3 11/25/2013 3:59:18 PM
Product: Well -Check Sample: 841204
STANDARD BACTERIOLOGICAL WATER TEST
SNOWMASS WATER & SANITATION DISTRICT
P.O. BOX 5700 - SNOWMASS VILLAGE, CO 81615 '3* bio3
i
PWS ID#
E
SA
PATEL6 A3 !TIME NAME OF SUPPLY ft }08_ 0/
EN:
COUNTY I>7L r' ..:— SAMPLER 94 CHLORINE RESIDUAL MG1L
{ ) COMMUNITY SUPPLY ( ) ROUTINE DISTRIBUTION SYSTEM SUPPLWATER
YSTESULWATER
( ) NON COMMUNITY ( ) CHECK SAMPLE ( ) SURFACE
PP
{ OTHER PUBLIC ( ) RAW ( ) GROUND ( ) ACE
(.I) PRIVATE ( ) SPECIAL PURPOSE SAMPLE
Sample Location
"NOTE: IF ALL INFORMATION IS NOT SUPPLIED, THE SAMPLE WILL BE DISCARDED.
SEE REVERSE FOR TIME LIMITATIONS, SAMPLING INSTRUCTIONS AN)JJEFINITIONS.
REMARKS:
PHONE
RETURN TO
ADDRESS
CITY-STATE %
ANALYST/START
ANALYST/FINISH
COLIFORM
E.COLI
COLIFORM
E.COLI
0
UNSUITABLE❑ �7i
•
FOR TEST
RESULTS
COULERT 18 -hour test
ABSENT
ABSENT
LT2 Rule
MPN
MPN
PRESENT
PRESENT
DO NO(" T WRITE IN THIS SPACE
DATE7�!1 yTIME 3 1_ - rr1 RECEIVED
1 :, Li
DATE - TIME .._,._.__..._—._ ON TEST
RESULTS GREATER THAN ONE COLIFORM
PER 100 ML INDICATES NON-COMPLIANCE WITH
MINIMUM DRINKING WATER STANDARDS
BOTTLE #: ..__.---L _
1111111111111111111111111111111111111111111111111111111
583758 07/03/2001 01:15P 81268 P98 M ALSDORF
1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
RECORDING REQU
WHEN RECORDE
Chris LaCroix, E
Garfield & He t, P.C.
110 Midlans ve., Suite 201
Basalt, Co .rado 81621
D BY:
RETURN TO:
DRIVEWAY COVENANT
KNOW ALL MEN BY THESE PRESENTS that:
The undersigned, being the owner of Lot 1 and Lot 2, according to the Lansburgh
Lot Line Adjustment and Subdivision Exemption Plat recorded March 20, 2001 in Book
1238 at Page 991 of the real estate records of Garfield County, Colorado (the "Plat"),
-7 does hereby publish and declare that the following shall be a covenant that runs with the
7 title to Lot 1 and Lot 2, shall be a burden thereupon and upon the owners at any time
thereof and their respective successors, assigns and grantees for the benefit of Leonard
l() Lansburgh, and any other party acquiring any manner of record interest in said Lot 1 or
Lot 2:
1. Construction and Maintenance of Driveway. The owner of Lot 1 (the "Lot
I Owner") and the owner of Lot 2 (the "Lot 2 Owner") shall mutually agree upon the
plans and specifications for the construction of a driveway within the access easement for
Lots 1 and 2 as shown on the Plat (the "Driveway"). Unless otherwise agreed by the Lot
1 Owner and the Lot 2 Owner, the Driveway shall be designed and built in accordance
with the minimum construction standards applicable under Garfield County rules and
regulations. There shall be no paving of the Driveway without the consent of the Lot 1
Owner and the Lot 2 Owner. All costs and expenses of the design and construction of the
Driveway shall be shared equally between the Lot 1 Owner and the Lot 2 Owner. Once
the Driveway is constructed, unless otherwise agreed by the parties, the Lot 1 Owner
shall maintain the Driveway in good repair on a year round basis, including, but not
limited to snow removal and repair of erosion (the "Maintenance"); provided, however,
that the Lot 1 Owner shall not incur Maintenance expenses, which in any calendar year
exceed $1,000.00 in the aggregate, or which exceed $300.00 for any single item, without
obtaining the prior written consent of the Lot 2 Owner, which consent shall not be
unreasonably withheld or delayed. If the Lot 2 Owner does not respond within ten (10)
calendar days following receipt of a written request from the Lot 1 Owner for consent to
an expenditure that exceeds these limits, the Lot 2 Owner shall be deemed to have
consented thereto. The Lot 2 Owner shall reimburse the Lot 1 Owner for one-half ('/�) of
the cost of the Maintenance within thirty (30) days of receiving a statement therefor from
the Lot 1 Owner. Notwithstanding any other provision hereof, should the Driveway be
damaged (other than ordinary wear and tear) which damage is attributable to either the
Lot 1 Owner or the Lot 2 Owner, such as by the use thereof by heavy construction
equipment, then the party responsible for such damage, shall, at its sole expense,
promptly repair all such damage.
1 111111 11111 111111 111111 111 111111 111111 111 11111 1111 1111
583758 07/03/2001 01:15P 81288 P99 M ALSDORF
2 of 3 R 15.00 0 0.00 GARFIELD COUNTY CO
2. Indemnification and Insurance. The Lot 2 Owner shall at all times
remain solely responsible for and shall indemnify, defend and hold harmless the Lot 1
Owner from and against any and all injuries, demands, damages to persons or property
losses or judgments arising from use of the Driveway by the Lot 2 Owner and its invitees
and guests. The Lot 1 Owner shall at all times remain solely responsible for and shall
indemnify, defend and hold harmless the Lot 2 Owner from and against any and all
injuries, demands, damages to persons or property losses or judgments arising from use
of the Driveway by the Lot 1 Owner and its invitees and guests. Each of the Lot 2 Owner
and the Lot 1 Owner shall obtain and maintain property and liability insurance insuring
against such injuries, demands, damages to persons or property, losses or judgments in an
amount equal to at least $500,000.00 per occurrence. Such insurance shall name the
other party as an additional insured. Upon request, either party shall provide the other
with proof of such insurance coverage. Such insurance shall provide that it may not be
canceled for any reason as it affects the other party without at least thirty (30) days' prior
written notice to such other party.
3. Defaults. Unless otherwise provided herein, in the event that either party
hereto breaches any provision contained herein (the 'Defaulting Party"), the other party
(the "Nondefaulting Party") shall be entitled to give written notice of default to the
Defaulting Party and shall provide a fifteen (15) day opportunity to cure the specified
default. In the event that the default is not cured within such period of time, the
Nondefaulting Party shall have the right, at its option, to cure such default and shall have
the right to be reimbursed by the Defaulting Party for any reasonable costs it incurs in
curing such default. Any reimbursement payments not paid within thirty (30) days after
the Defaulting Party has received an itemized statement of such costs from the
Nondefaulting Party, shall bear interest at one and one-half (I'/x%) percent per month. In
addition, the Nondefaulting Party shall have the right to place a lien on the property
owned by the Defaulting Party for any amounts due under this Agreement that remain
unpaid for a period of more than thirty (30) days after the Defaulting Party has received
an itemized statement of such costs.
4. Notice. All notices required in connection with this Covenant shall either
be (i) hand delivered; (ii) given by certified mail directed to the mailing address of the
Lot 1 Owner or Lot 2 Owner, as the case may be; (iii) given by overnight courier directed
to the mailing address of the Lot 1 Owner or Lot 2 Owner, as the case may be; or (iv) by
facsimile transmission to the facsimile number of the Lot 1 Owner or Lot 2 Owner, as the
case may be. All notices so given shall be considered effective (i) if hand -delivered,
when received; (ii) if by certified mail, seven (7) days after deposit; certified mail postage
prepaid, with the United States Postal Service; (iii) if by overnight courier, one (1) day
after deposit with the overnight courier company; or (iv) if by facsimile transmission,
upon receipt by the sending party of a machine -generated confirmation of a complete
transmission of all pages.
5. Attorneys' Fees. In the event of any action for breach of, to enforce the
provisions of, or otherwise involving this Covenant, the court in such action shall award a
reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the
2
111111111111111111111111111111111 11111 111 1111111 1111 1111
583758 07/03/2001 01:15P 81266 P100 M ALSDORF
3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
o
zmz
_0
oo8 o
rn�
pm
Z
0 C)
0
court's decision on those issued, was the prevailing party in the action. If a party
voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to
the other party.
In Witness Whereof, this Covenant has been entered into, published and declared
to be a burden and a benefit, and to ruplvith the Iapd in perpetuity with the title to the
properties above-described as of thise'i day of J , 2001.
eonar
STATE OF COLORADO )
) ss.
COUNTY OF 1�i..tk.r.r%
h.cf
The foregoing Covenant was acknowledged before me this o7 day of Jt,. __
2001 by Leonard Lansburgh.
WITNESS my hand and official seal.
My commission expires:
•
A'yc:
81611
•
3
Notarvli'ublic
HE LANDS ,,
INC.
landscape architecture land planning community planning
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
August 4, 2014
Mr. Glenn Hartmann, Senior Planner
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: ADU Application for Parcel 2391-182-00-252
Owners: Big Juniper, L.L.C.
Dear Glenn,
The Accessory Dwelling Unit Applicant for Parcel 2391-182-00-252, Big Juniper L.L.C., would like to request
a waiver from the Roadway Standards as defined in Section 7-107 of the Garfield County Land Use and
Development Code, and from the requirements of Section 4-203.L, Traffic Study. There is currently a
primary residence built on Parcel 2391-182-00-252 that shares a driveway with the adjoining parcel to the
west also containing a primary residence. The physical address for Parcel 2391-182-00-252 is 3765 County
Road 103 (aka. Crystal Springs Road)
ITE Traffic Generation
The Institute of Transportation Engineers' Summary of Trip Generation Rates for a Single Family Detached
House is average daily traffic (ADT) of approximately 9.57 trips. As a result of the shared driveway, the
traffic count for the existing driveway is approximately 19 ADTs. With the addition of an ADU, the total
ADT's for this shared driveway will be over 28, or roughly one vehicle trip every 34 minutes during the day.
This estimate seems to be highly unlikely for a rural resident from these homes. Typically, rural residents
combine errands and leave the house no more than a few times per day, and an ADU would likely only
produce 1/2 the ADT's of the larger homes.
The ADT for County Road 103 is approximately 1,373 ADTs per the "Average Daily Traffic County Road
System 2002 Transportation Study, Garfield County, Colorado (http //www.garfield-county com/road-
bridge/documents/adt_name.pdf). Even with ADT of 9.57 the increase in traffic to CR 103 caused by the
proposed ADU is 0.7%.
Garfield County Roadway Standards
The Roadway Standards in Table 7-107 of the Garfield County Land Use and Development Code identify
the width for a roadway with 0-20 ADTs as a Primitive Roadway with a 12' width. Because the requested
ADU will increase the driveway trip count beyond 20 ADTs, Table 7-107 identifies the required roadway as a
Semi Primitive Roadway with a minimum width of 16'.
Existing Driveway Conditions
The current driveway is built to meet the Primitive Roadway standards with an ADT capacity of 20. It is 370'
long,12' to 15' wide plus a 1' grass shoulder, and has an emergency vehicle pullout at its mid -point. The
driveway is flat, improved, and well maintained with no issues regarding the drainage. This has been more
than adequate over the years.
The Land Studio, Inc.
•
r
Waiver Request
The Applicant requests these waivers due to the very small increase in traffic on the driveway associated
with an ADU, and the less than 1% increase in traffic to CR 103. We believe that requiring a Traffic Study
and imposing a new driveway standard is not necessary, and in fact would be out of character given the
rural nature and low traffic volumes of the area. We request that the driveway be allowed to remain at its
current width of 12'-15' with a 1' grass shoulder and the existing emergency vehicle pullout. The Applicant
agrees to continue all shared maintenance activities to assure the driveway is in good driving condition.
4-118 Waiver of Standards
C. Review Criteria.
A waiver may be approved if the Applicant demonstrates that the following criteria have been met
by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree than the subject
standard; and
2. It imposes no greater impacts on adjacent properties than would occur through compliance
with the specific requirements of this Code.
The applicant feels a wavier from the roadway standard width of 16' is appropriate because the
existing road width can serve the small increase in traffic and imposes fewer impacts on adjacent
property by retaining the existing driveway and its rural character, which will be adequate for only
the addition of an ADU.
4-202. Waiver Of Submission Requirements
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
The applicant also feels a waiver from the submission requirement to provide a traffic study is
appropriate because the project size is very minimal, consisting of only an ADU. A full traffic study
for one ADU will not provide significant information beyond results published in current Traffic
Generation guidelines. ITE Traffic Generation numbers have been used for this ADU application in
lieu of a full traffic study and therefore, the exclusion of a traffic study will in no way compromise a
complete review of the proposed ADU.
Please call to discuss as necessary and thank you for your attention to this request.
Sincerely,
THE LAND STUDIO, INC
By:
D.ug as Prat
The Land Studio