HomeMy WebLinkAbout2.0 BOCC Staff Report 10.04.1999, a rno/ Prea49 I • €11V147 ,�1
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
A request for a special use permit to create an
"accessory" 3 bedroom home from an existing
shop building.
APPLICANT: Thom and Camille Toler
LOCATION: 0361 County Road 311
Silt, Colorado
SITE DATA: Approximately 6.87 acres
WATER: An existing well (rate = 9 gpm)
SEWER: ISDS (plan submitted)
ACCESS: CR 311
EXISTING/ADJACENT ZONING: A/R/RD
I. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is approximately one mile south of Silt and is 6.87 acres.
A two bedroom house exists on the site. The new home would be located behind the
existing house, accessed by a separate driveway.
B. Project Description: The Special Use Permit would allow conversion on an existing
two story shop into a three bedroom, two and three/quarter bath home. (See
application pgs. 7 )
II. MAJOR ISSUES AND CONCERNS
A. Zoning: The A/A/RD district allows by right agricultural uses and construction of
a single family home on no less than a 2 acre lot. The lot size of the existing home
exceeds zoning requirements. Accessory dwelling units are allowed with a special
use permit. Generally, the word "accessory" implies a subordinate or smaller home
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than the primary residence. In this case, although the applicant did not provide floor
areas for either the existing or proposed dwelling unit, it appears that the existing unit
will be smaller than the proposed unit. This is congruent with the code as long as
one of the units remains under the 1500 sq. ft limit established for accessory dwelling
units.
B. Legal Access: Legal access will be provided by CR 331 for both homes. Each unit
will have a separate driveway off CR 331. Any additional access to the property
will require a driveway permit from the Road and Bridge Department.
C. Water: The applicant has an existing well permit and is proposing that the units
share this well. The well is a registration of an existing well, subject to a court
decree. In conversation with the Division of Water Resources, it was determined
that this well can only serve the historic uses of the property. As such, the well is
only valid for a single family dwelling, since that is all that it has historically served
Without the court decree being changed, the applicants do not have a legal adequate
source of water for two dwellings.
D. Sewer: An ISDS plan for the new unit has been proposed in the application and will
have to be approved as a part of any building permit for the accessory dwelling..
E. State and Local Health Standards. Colorado Department of Health ISDS setback
standards should be verified by an engineer upon location of the individual ISDS on
this lot.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the meeting 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. The application does not comply with the requirements of the Garfield County
Zoning Resolution and cannot be approved.
V. RECOMMENDATION
Staff recommends DENIAL, of the application based on an legal source of domestic water
for two dwellings.
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