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Home My WebLink About2.0 Staff ReportExhibits for a Public Hearing held on October 20th, 2008 Exhibit Letter : (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Application E Staff Memorandum F Memo from Garfield County Road and Bridge Department, dated Sept 19th, 2008 BOCC 10/20/2008 CR PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for an Accessory Dwelling Unit (ADU) APPLICANT / OWNER Tim and Karen Trulove LOCATION 3146 County Road 115 SITE DATA 35.01 acres ACCESS County Road 115 WATER Well SEWER ISDS EXISTING ZONING ARRD PARCEL NO. 218719400142 1. DESCRIPTION OF THE PROPOSAL: The applicant requests that the Board of County Commissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located on a 35.01 acre parcel described as 3146 County Road 115. The proposed ADU two level 1,008 square foot apartment constructed as part of metal storage building. 2. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in §5.03 and §5.03.021 of the Zoning Resolution. 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 ADU's contained in §5.03.021. These standards are listed below in bold italics followed by a Staff comments. 1 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 Water and sanitation service will be provided to the unit by well and ISDS. Staff finds that the Applicant has demonstrated adequate water and sanitation service to serve the proposed ADU. 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 The subject property is accessed via an existing driveway off of County Road 115. The existing access is sufficient for the traffic that will be generated from this use. 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 should not adversely impact surrounding properties. 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 35.01 acres, which exceeds the minimum required for an ADU. 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 sq. ft. Staff Comment The proposed AUD is represented at 1008 sq. ft. This standard has been met. 2 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment The construction of an AUD is allowed by covenants. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment The Applicant has provided an approved well permit allowing for the use of water within three single family residences. This standard has been 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 will permit an ISDS at the time of construction. I Certificate of Occupancy will not be issued until a permitted ISDS is in place. 6) Only leasehold interests in the dwelling units are allowed. Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. 7) That all construction complies with the appropriate County building code requirements. Staff Comment The proposed structure must obtain all applicable building permits. This Standard has been 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 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 3. RECOMMENDATION Staff finds that the proposed structure will comply with §5.03 and §5.03.21 of the Garfield County Zoning Resolution of 1978 and recommend that the Board approve this request to allow an ADU on a property owned by Karen and Timothy Trulove located at 3146 County Road 115, 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 accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 4 GARFIELD COUNTY Building & Planning Department Review Agency Form 1 EXHIBIT F Date Sent: September 19, 2008 Comments Due: October 8, 2008 Name of application: Trulove, Timothy & Karen 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: Craig Richardson 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 objection to this application with the following comments. The added traffic volume for this project will not impact the total traffic volume on Cr. 115. If a driveway access permit has not been issued for this access a new driveway access permit will need to be issued with current driveway access standards. If a driveway permit has been issued for this driveway access the driveway access requirement for this project will be exempt. As this access is for more than one residence a stop sign shall be required at the entrance to Cr. 115. The sign and installation shall be as required in the MUTCD (The Manual on Uniform Traffic Control Devices. All vehicles hauling equipment and material for the construction of this project will abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overwei ht . ermits shall contact Garfield Count Road & Brid ' e De . artment for permits. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date _September 22, 2008 Revised 3/30/00