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Home My WebLink About2.0 BOCC Staff Report 09.07.2004Exhibits: Anderson SUP for Accessory Dwelling Unit Public Hearing, September 7, 2004 Exhibit Letter Exhibit A toZ A Mail Recei ts B Proof of Publication c Garfield Count D E F G BOCC 9/7 /04 -JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: EXISTING ZONING: ADJACENT ZONING: Special Use Permit for an Accessory Dwelling Unit (ADU) John and Sandra Anderson 1332 County Road 1191 51 745 acres -Well (Permit #61175) -~"(dJs~tJ~ 1rr190 -1r;i~ ISDS NRIRD Agricultural/Residential/Rural Density AIR/RD Agricultural/Residential/Rural Density I. PROPERTY LOCATION AND PROPOSAL DESCRIPTION The proposed us e is at 1332 County Road 119, east of State Highway 82 in the Spring Valley area. The applicant proposes an Accessory Dwelling Unit (ADU) ofl ,499 sq ft. View : on we st side of property lookin g north eas t to ward Lo okout Mt., ADU excavation at rig ht. II. REVIEWING AGENCIES AND DEPARTMENTS The application was referred to the following agencies for comments. 1. Garfield County Road and Bridge: (Comments Received) Exhibit G III. APPLICABLEREGULATIONS ~ 1:-~'(£, 11~ A. Zoning Resolution: An ADU is a special use in the Agricultural/Residential/Rural Density (AIR/RD) zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. 3. 02. 05 Maximum Lot Coverage: Fifteen percent (15%). 3. 02. 06 Minimum Setback: (I) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (JO) feet from side lot line, or one-half (112) the height of the principal building, whichever is greater. 3. 02.07 Maximum Height o(Buildings: Twenty-five (25) feet. 3. 02. 08 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). The application must also address the general Special Use Permit requirements in Section 5.03 as well as the specific Special Use Permit standards that apply to Accessory Dwelling Units in Section 5 .03 .21. The requirements and standards are listed below · · · wed by a Staff response: uirements Section 5.03 Utilities a equate 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 proposed ADU will be served with water by a well under state permit # 61175, issued May 29, 2004 which is permitted to serve 1 single family dwelling unit. The existing home is served by an individual well under state permit #149180, issued March 14, 1990. This item has is met 2 The Applicant has indicated an Individual Sewage Disposal System (ISDS) to be constructed shall serve the proposed ADU. The Applicant shall apply for a septic permit and receive a final inspection prior to issuance of the Special Use Permit. The septic system shall be built to Garfield County required standards of performance for the total number of bedrooms to support the ADU. This item has been met with conditions as listed at the end of this report. /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 Finding: Garfield Road and Bridge has commented with no requirements connected to the requirement for a new driveway permit. The proposed ADU is currently served by an existing driveway off of CR 119 which provides access to and throughout property. The traffic generated by an ADU is less than 9 trips a day and will not adversely impact the existing street system. This standard is met. ~) 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 Finding: The proposed ADU is approximately 150 feet from the principle dwelling unit and is approximately 100 feet from CR 119. Staff finds the proposed ADU does not impact the agricultural/residential neighborhood character of the surrounding area because of the size of the property, mode~:~.stance from neighboring dwelling units, and the close proximity to the p~=lling unit. This standard is met. C. Specific Special Use Permit Standards for ADU (Section 5.03.21) /i; 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 Finding: The property contains 5.745 acres with slopes well below 10%. This standard is met. The gross floor area for residential use occupancy shall not exceed 1500 sq. 3 ft. Staff Finding: The ADU proposed is 1,500 sq. ft. in area however the Applicant has been made aware of this limitation and shall not construct an ADU exceeding this area size. This standard is met. Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding: The property is not under any covenants that would restrict the property owner from adding an ADU at this time. This standard is met. 0J Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding: The proposed ADU will be served with water by a well under state permit# 61175, issued May 29, 2004 which is permitted to serve 1 single family dwelling unit. The existing home is served by an individual well under state permit #149180, issued March 14, 1990 v;; 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 Finding: As stated earlier, The Applicant shall apply for a septic permit prior to issuance of the Special Use Permit. The septic system shall be built to Garfield County required standards of performance for the total number of bedrooms within the ADU. This standard is met. V: Only leasehold interests in the dwelling units are allowed. Staff Finding: The unit will allow leasehold intere sts in the unit only. This standard is met. That all construction complies with the appropriate County building code requirements. Staff Finding: The Applicant shall be aware that the ADU will require building permits from Garfield County. This standard is met. V. SUGGESTED FINDINGS 4 I. 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 (other than information on the ISDS), 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, 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. VI. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. All representations of the applicant, either within the application or stated at the hearing befure the Board of County Commissioners, shall be consi~i~ns z,~:~·,, .,.,.,I~ 2. The Applicant shall obtain a..septic permit_{oMarfield County J~ilding "":n'7 '"" Planning Department prior to issuance of the Special Use Permit. 3. The Applicant shall be aware that the ADU will require building permits from Garfield County. ·"' ' VIII. RECOMMENDED MOTION "I move to Approve the Special Use Permit request for an ADU for John and Sandra Anderson for a property located at 1332 County Road 119, with the following conditions" 5