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Home My WebLink About2.0 BOCC Staff Report 02.04.2002.pdfBOCC 02104102 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the AIR/RD zone district. Joseph Bertone Parcel D . Christeleit Subdivision: Address TBD 10 acres CR 119 to Heather Lane Well ISDS AIR/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site lies in an existing subdivision. There is no suggested density. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The applicant is proposing to construct a 650 square foot accessory dwelling unit above a detached garage. The applicant is currently in the process of building the house and the garage on the lot. As an accessory unit has always been part of the larger intentions of the property, the applicant has planned the ISDS unit accordingly and has obtained the appropriate water rights. III. MAJOR ISSUES AND CONCERNS A. Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 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. Impacts are generally expected to be minimal due to the size of the lot. B. Zoning: An accessory dwelling unit is a special use in the AIR/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978, as amended. It must meet the standards set forth in Section 5.03.021, as follows: (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. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (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. (6) Only leasehold interests in the dwelling units are allowed (7) That all construction complies with the appropriate County building code requirements. The relatively flat lot exceeds the minimum lot size standard and the accessory dwelling unit is within the maximum square footage limitation of 1,500 square feet. The existing well will supply water and an Individual Sewage Disposal System (ISDS) will handle wastewater. The applicant has provided a copy of the Christeleit Subdivision covenants, which state that an accessory dwelling unit is an allowed use. The applicant should understand that the accessory dwelling unit may be leased but may not be conveyed as a separate interest in the future. C. Access: The proposed access is an existing driveway off of Heather Lane, which connects to CR 119. This driveway is also to serve the main house. The proposed access appears to be both legally and physically adequate. D. Water: The applicant has provided a copy of well permit, #053669-F which allows the applicant the water rights for two (2) single family dwelling units, the watering of domestic animals, and the irrigation of not over one . 78 acre of home gardens and lawns. This permit is adequate to accommodate the water needs of the proposed home and the accessory dwelling unit. Thus, the applicant appears to have the necessary legal water rights. The application does not, however, contain any information pertaining to the adequacy of the physical supply of water. The following information must be provided prior to issuance of a special use permit: 2 I) That a four ( 4) hour pump test be perfonned on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and infonnation showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the existing home and an accessory dwelling unit; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using I 00 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. E. Sewer: The proposed accessory dwelling unit will be served by a newly constructed individual sewage disposal system. The applicant should note that Colorado Department of Public Health ISDS standards apply. The applicant shall acquire an appropriate septic pennit as part of the building permit process. IV. 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, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in confonnance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, 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 3 of approval; 2. The applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 3. That all State and Local health standards be complied with; The applicant shall acquire the appropriate septic permit as part of the building permit process. 4. That the following information must be provided prior to issuance of a special use permit: I) That a four ( 4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the existing home and an accessory dwelling unit; 5) An assumption of an average or no less than 3 .5 people per dwelling unit, using I 00 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. 5. This approval shall be valid until 02/04/03. If the applicant fails to meet these conditions by 02/04/03, and subsequently the special use permit is never issued, the approval shall automatically expire, unless an extension is granted by the Board of County Commissioners. 4 Alfred F. & Debra C. Amsden 0142 Heather Lane Glenwood Springs, CO 81601 9701384-0284 January 29, 2002 Board of County Commissioners Garfield County Commissioners 109 8'11 Street, Suite 303 Garfield County Courthouse Glenwood Springs, CO 81601 RE: Request for Special Use Permit by Melba L. McGee and Joseph J. Bertone Parcel 2187-302-01-003 Hearing Date: 2/4/02 at 1:15 PM Dear Board of Commissioners: In reference to the above request for a special use permit, we wanted to provide our wtitten response in the event that we are unable to attend the hearing set for 214102 at 1:15 PM. Joe and Mel's original plans indicated that a guest house would be built above-their -~ ---- garage and the other members of the subdivision, ourselves included, approved this under the condition (as stipulated in our convenants) that the ADU be used solely as a guest house and not a rental property of any type. It is our understanding that the special use permit is for construction of an accessory dwelling unit to be used as a rental property. We wish to be as flexible as possible with Mel and Joe in getting their new house built, and do not object to the accessory dwelling unit itself as long as it does not significantly increase or impact the current status of our water useage or greatly increase the useage and traffic on Heather Lane. If the ADU is utilized as a guest house only this should not be a problem; however, we do take exception to any intent to use the ADU for any other purpose than guests who are visiting on a short-tetm basis.'-1~ ) If you have any questions or need any clarification, we can be reached during business hours at 945-6500 or at home at 384-0284 after 6:00 PM. sa}y~ J)u~ ~~ Alfred and Debra Amsden Xe: Mel McGee and Joe Bertone 489 Rose Lane, Carbondale, CO 81623 Jeff and Cathy Tuttle 0226 Heather Lane Glenwood Springs, CO 81601 February 4, 2002 RE: Parcel D, Christeleit Subdivision-additional dwelling units Dear Board of County Conunissioners, We do not want to set a precedent in our subdivision having additional dwelling units used as rental units. We believe this would adversely impact our water source, road and population density. Conunents were added to the plans at the time of the architectural review committee's approval, which stated that we did not approve of the dwelling being used as a rental unit. Sincerely, Jeff and Cathy Tuttle Garfield County Commissioners County Commissioners Chambers Garfield County Courthouse, Suite 301 109 Eighth Street Glenwood Springs, CO 81601 Dear Garfield County Commissioners, David and Karen Dixon 291 County Road 119 Glenwood Springs, CO 81601 Parcel A, Christeleit Subdivision February 1, 2002 Subject: Special Use Permit for Parcel D, Christeleit Subdivision We would like to express our opinion on the special use permit applied for by Mel McGee and Joe Bertone. We did approve of the building ofa "Mother-in-Law" type unit above the garage with the stipulation that would not be used as a rental property. This stipulation was put in writing on the architectural review form. We believe the covenants of the subdivision allow a guesthouse. We are not in favor of any such unit being used as a rental property or employee-housing unit in exchange for money or services. We feel these purposes go against the covenants of the subdivision. We also feel turning a guesthouse into a rental property would over stress the well , the subdivision road and add congestion to the subdivision. We did not receive notification of the permit application from the applicants, but were notified by other neighbors. Thank you for your kind attention to this matter. Yourstruly, ~· · . ·~[/i)u · .. · I L ' Lf/? David and Karen ixon Caroline and Greg Mohl 0094 Heather Ln. Glenwood Springs, CO 81601 970/945-4508 January 30, 2002 RE: Parcel D, Christeleit Subdivision in Garfield County. Joseph Be ne and Melba McGee Dear Board of County Commissioners, We are unable to attend the public hearing scheduled for the 4•• day February, 2002, at I: l 5PM, but would like to state our opinion. We have no objections to allowing the applicant to construct a 650 s are foot accessory dwelling unit on the second floor of a detached garage, if the usage i solely for a guest house, NOT AS A RENTAL UNIT. The Architectural Review Committee of Christeleit Subdivision rcvi wed and approved the applicants plans with the understanding that the dwelling unit on e second floor of a detached garage was not a rental unit. Sincerely, Caroline and Greg Mohl 10 3911d Nll311>f £66L•~60l6