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HomeMy WebLinkAbout2.0 Staff ReportBOCC July 23`d, 2001 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit — Accessory Dwelling Unit APPLICANT: Elana McNulty LOCATION: 0420 CR 122 - Missouri Heights SITE DATA: 35 Acres WATER: Shared water well and ditch water for irrigation SEWER: ISDS, proposed for the ADU ACCESS: Direct access from CR 150 EXISTING ZONING: A/R/RD AJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN This parcel of land is located in Study Area I of the Garfield County Comprehensive Plan. H. INTRODUCTION/DESCRIPTION OF THE PROPOSAL The applicant, Elana McNulty, is requesting a Special Use Permit to allow an Accessory Dwelling Unit on her Pleasant Valley Ranch (PVR) property to provide housing for the hired ranch hand and then to rent out two rooms. The proposed accessory dwelling unit will be a modular unit approximately 1,498 sq ft in size. III. GARFIELD COUNTY ZONING RESOLUTION Section 5.03.21 Accessory Dwelling Unit (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. The entire subject parcel is 35 acres in size and the proposed building lot is four acre is size and has a slope of approximately 10%. (2) The gross floor area for residential for residential use shall not exceed 1,500 sq. ft. The proposed accessory dwelling unit is approximately 1,498 sq ft in area. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Not applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. The owners of the property have an existing well, permit number 202843 issued by the Office of the State Engineer, Colorado Division of Water Resources on 18 -Jun -'97. This water well is permitted for up to three single- family dwelling units and limited to, fire protection, the irrigation of not more than one acre of home gardens and lawns and the watering for domestic animals. The maximum pumping rate shall not exceed 15 gpm. Because this will be a shared water well the applicant will be required to draft an irrevocable homeowners agreement concerning the water allotments to each residence. Before the new residence is built the water well will test for conformance to the following criteria: That a four hour pump test be performed on the well to be used; ii. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results of the four hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge; iv. A written opinion of the person conducting the well test that this well should be adequate to supply to the number of proposed lots; v. An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; The water quality must be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. (5) Compliance with the County individual sewage disposal system regulations or proof of legal ability to connect to an approved central sewage treatment facility. The property owner proposes to develop a septic system on the property. It must be noted that domestic wastewater cannot exceed 2,000 gallons per day (gpd) on any individual lot regardless if there is one or two ISD systems. If domestic wastewater were to exceed 2,000 gpd on any lot, State approval would be required. This will be a condition of approval of this Special Use Permit. (6) Only leasehold interest in the dwelling unit is allowed. The people occupying this dwelling unit will be a ranch hand and two renters (7) That all construction complies with the appropriate County building code requirements. This will be a condition of approval of this Special Use Permit. Building permits will have to be obtained for any primary and/or accessory dwelling unit to be built on the subject property. As part of the Conditions for Approval this unit will comply with all the regulations set forth in the Minimum Application Requirements for Mobile Homes. In order for the applicant to maintain an R-3 rating no more than ten people can occupy this dwelling unit. III. SUGGESTED FINDINGS: 1. That proper posting and public notice was provided as required for the hearing before the Board of County Coimnissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all the pertinent facts, matters and issues were submitted and that all interested parties were heard at the 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 welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. IV. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. All representation by the applicant will be considered conditions of approval. 2. This proposal will comply with Section 5.03.21 of the Garfield County Zoning Resolution, 1978, as amended. 3. This modular unit will comply with the regulations detailed in the Minimum Application Requirements for Mobile Homes and those regulations found to be pertinent in UBC, UMC, UPC (1994-5) for one and two Family Dwelling. Copies are available at the Building and Planning Office. In general, all living facilities will have operable toilets, bath/shower and meal preparation appliances. 4. That only three people are allowed to live in this ADU at any time. 5. An irrevocable access easement to the Accessory Dwelling Unit trust be on the Exemption Plat at time of signing. A:\McNulty SUP