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Home My WebLink About2.0 Staff ReportJuly 17, 2006 — BOCC Exhibits for Public Hearing: SUP for an ADU Applicant — Brian and Taani Rust Staff— Richard Wheeler Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Staff Report dated 7-17-2006 E Application for the Special Use Permit F G H I J K L M N 0 P • • BOCC 7-17-06 RW RUST ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for an Accessory Dwelling Unit (ADU) APPLICANT / OWNER Brian and Taani Rust LOCATION 335 Village Drive, Rifle SITE DATA 8.49 acres WATER City of Rifle SEWER City of Rifle EXISTING ZONING Agricultural Rural Residential Density (ARRD) 1. DESCRIPTION OF THE PROPOSAL: The Applicant requests the Board of County Commissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located in the Rifle Village South Subdivision. The proposed ADU will be a less than 1,500 square feet and will be available to leasehold interests only. A separate driveway is proposed for the ADU, approximately 48' west of the existing driveway currently used for the Rust residence. The proposed ADU is in the floodplain. A Special Use Permit for the residence has been obtained by the Applicants. The same requirement shall be met for the ADU. 2. 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 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 a 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. 1 • • Staff Comment Water and sewer provided for by the City of Rifle, please see letter dated July 6, 2005 from the City — part of the application materials. 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 A separate access drive is proposed to serve the ADU. The proposed driveway is approximately 48' west of the existing drive serving the Rust residence. Garfield County Road and Bridge department has issued a driveway permit for the ADU (#GRB05-D-60). 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 ADU is in character to the surrounding properties and should not adversely impact surrounding owners. If approved, the Applicants shall use minimal lighting that is shielded to prevent light trespass on other properties and is inward and 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 subject property is 8.49 acres, which exceeds the required minimum required for an ADU. The proposed building envelope for the ADU will be on a portion of the property 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 is aware and has stated in the application the unit will not exceed 1,500 sq. ft. Compliance to this requirement will be reviewed at the building permit stage. This standard is met. 2 • 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment There is no Homeowners Association for the Rifle Village South Subdivision. This requirement is not applicable 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment Please see previous comments concerning water. This standard is met 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 Sewage will be served by the City of Rifle. 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. The proposal is to lease the ADU to Mrs. Rust's parents. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Comment The Applicant understands that all construction (septic system and ADU structure) shall require the appropriate building permits and inspections to be 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 3. 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 3 • the best interest of the health, safety, 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. 4. 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 meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements 4. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet 5. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased 6. Prior to issuance of this Special Use Permit, the Applicant shall successfully obtain a Special Use Permit from the County to construct the ADU in the floodplain. 7. That all construction (septic system and ADU structure) shall require the appropriate building permits and inspections to be conducted by the County Building and Planning Department. 8. That in approving this Special Use Permit for an ADU does not guaranty the separate Special Use Permit for construction of an ADU in the Floodplain is approved. 5. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 335 Village Drive, Rifle Colorado, with the conditions proposed by Staff." 4