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Home My WebLink About2.0 Staff ReportBOCC Exhibits (10/8/2007) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Jake Mall of the Garfield County Road and Bridge Department, dated September 10, 2007 BOCC Exhibits (10/8/2007) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Jake Mall of the Garfield County Road and Bridge Department, dated September 10, 2007 L► k.t �JPP/7 r •sSveaf C M M a oG Corm /h/7 l /Pf/ pc/,.7/as (3 p,e7 Qov. zca� Cusco to f 4 - Lo,c - 3 `/a . z*/ - Leo_se flair /a ies 04/ X10 1 7./ .4/0 /4rie.C c.4,;"/ j963, auroc.i/ C.3 —0) BOCC 10/8/2007 DP KATHA ROSSEIN — CUSEO EXEMPTION, LOT B - ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for an Accessory Dwelling Unit (ADU) Katha Rossein and Ronald M. Razzore Adjacent to 0890 County Road 102, Carbondale 5 Acres County Road 102 Shared Existing Well (Permit No. 108631) ISDS ARRD APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING 1 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 on a 5.00 Acre parcel, described as parcel number 239120300276 and located east of the Town of Carbondale. The proposed ADU is to be a new free standing unit. The driveway is to utilize a driveway cut off County Road 102 used for the primary dwelling unit and will be used as access to the proposed ADU. Lrs ico,ty Bnc3 nt6FUTg 33 Rt: •::ie,J'. tib.. s�7':c iic:r.v„ .tr ~i'ni Pw'ea ;j J{.58 acres v a ;: ti."D.ti Proposed ADU Pu9'rcl UU cr.,rt :g w _1 ng Proposed Site Plan L xc 33.13' i 4 _......._,may .✓ 2 CR 102 Catherine Store Highway 82 Rossein ADU - SUP Location / Zoning Map 0 230 460 920 Feet W+E 3 Rossein ADU - SUP Hazards Map 0 230 460 920 Feet N 4 2. Referrals: Garfield County Road and Bridge Department: (See Exhibit F) 3. 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 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. Staff Comment The Applicant has provided well permit number 108631 which was originally drilled and is currently in use by Lot A of the Cuseo Exemption. The application indicates that Katha Rossein and Ronald M. Razzore own Lot A while only Katha Rossein owns Lot B, where the ADU is proposed. This exempt permit allows for household use in 3 residential dwelling units. A review of the Garfield County Assessor's records has indicated that Lot A (890 County Road 102) is currently developed with one single-family dwelling unit, which is the current residence of Katha Rossein and Ronald M. Razzore. As Lot A is developed with one dwelling unit and the well permit is legally able to serve up to three dwelling units, it is Staff opinion that with the execution of the proposed well sharing agreement, well permit 108631 is legally able to serve the existing dwelling unit on Lot A as well as the new single family dwelling unit on Lot B and the proposed Accessory Dwelling Unit on Lot B. Should this application be approved, well permit 108631 will not be able to legally serve any further units in the future. In addition, the Applicant has provided a well test report which was conducted on November 6, 2006 by J & M Pump Inc. The report indicates that at the time of the test, the well was producing 13 gallons per minute. The Applicant is proposing to install a new ISDS for the proposed ADU and new dwelling unit on Lot B. Staff understands that the new single family dwelling unit contains two bedrooms while the ADU it is to contain two bedrooms as well. In addition, Staff understands that the Applicant has applied for an ISDS permit (number 4341), but it has not been issued. The proposed ISDS has been designed to handle up to four bedrooms, 5 which would accommodate both the new single family dwelling unit and the ADU. As of the writing of this report the Applicant has applied for a septic permit, but this permit has not yet been issued. As long as the ISDS is constructed as proposed, it is Staff's opinion that adequate sewage and wastewater capacity exists for the proposed development. This standard is met. 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 Main access to the proposed ADU will be from the driveway which is to serve both the future ADU and new primary dwelling unit. This driveway is accessed from County Road 102. Garfield County Road and Bridge has indicated that they have no objections to the application as long as all driveway permit requirements are met (See Exhibit F). This standard is met. 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 property contains 5.00 acres, which exceeds the minimum required for an ADU (4 acres). The proposed 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 6 sq. ft. Staff Comment The Applicant has indicated that the ADU is to be approximately 1000 square feet. In addition, the Applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square feet. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment There is no Homeowners Association or restrictive covenants on this parcel. This requirement is not applicable. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment The Applicant has provided well permit number 108631 which was originally drilled and is currently in use by Lot A of the Cuseo Exemption. The application indicates that Katha Rossein and Ronald M. Razzore own Lot A while only Katha Rossein owns Lot B, where the ADU is proposed. This exempt permit allows for household use in 3 residential dwelling units. A review of the Garfield County Assessor's records has indicated that Lot A (890 County Road 102) is currently developed with one single-family dwelling unit, which is the current residence of Katha Rossein and Ronald M. Razzore. As Lot A is developed with one dwelling unit and the well permit is legally able to serve up to three dwelling units, it is Staff opinion that with the execution of the proposed well sharing agreement, well permit 108631 is legally able to serve the existing dwelling unit on Lot A as well as the new single family dwelling unit on Lot B and the proposed Accessory Dwelling Unit on Lot B. Should this application be approved, well permit 108631 will not be able to legally serve any further units in the future. In addition, the Applicant has provided a well test report which was conducted on November 6, 2006 by J & M Pump Inc. The report indicates that at the time of the test, the well was producing 13 gallons per minute. 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 The Applicant is proposing to install a new ISDS for the proposed ADU and new dwelling unit on Lot B. Staff understands that the new single family dwelling unit contains two bedrooms while the ADU it is to contain two bedrooms as well. In addition, Staff 7 understands that the Applicant has applied for an ISDS permit (number 4341), but it has not been issued. The proposed ISDS has been designed to handle up to four bedrooms, which would accommodate both the new single family dwelling unit and the ADU. As of the writing of this report the Applicant has applied for a septic permit, but this permit has not yet been issued. As long as the ISDS is constructed as proposed, it is Staff's opinion that adequate sewage and wastewater capacity exists for the proposed development. 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. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Comment The Applicant must obtain a valid building permit from the Garfield County Building Department for the new Accessory Dwelling Unit. In addition, this Accessory Dwelling Unit will be required to meet all applicable federal, state and local regulations. This standard is met. 2. 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 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. 3. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 8 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 obtain any applicable Garfield County building permits, grading permits and access permits. 4. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 5. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 6. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 7. The Applicant shall obtain final approval for a septic permit (number 4341) which is adequate to accommodate both the primary dwelling unit and the accessory dwelling unit. 4. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property described as parcel number 239120300276 (Lot B of the Cuseo Exemption) and located east of the Town of Carbondale with the conditions proposed by Staff." 9 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: August 29, 2007 Comments Due: September 19, 2007 Name of application: Rossein, Katha & Raz7ore, Ronald Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. The traffic load on Cr. 102 will not be significantly impacted by this application. If there a driveway access permit cannot be produced for this application a new driveway access permit will be required with conditions specific to the driveway access location. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date _September 10, 2007 Revised 3/30/00