HomeMy WebLinkAbout2.0 Staff ReportREQUEST:
APPLICANT:
LOCATION:
• 1
BOCC 7/6/99
PROJECT INFORMATION AND STAFF COMMENTS
A request for review of a Special Use Permit to
allow for an accessory dwelling unit.
Susan C. Kirk
0525 Cactus Flats Road, located in SE 1/4 SW 1/4
of Section 11, Township 7 South, Range 88 West of
the 6th P.M.
SITE DATA: 11.7 +/- acres
ACCESS: CR 112 (Cactus Flats Road)
WATER: Well
SEWER: Existing and proposed ISDS
EXISTING ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the 1995 Garfield County Comprehensive Plan, this site lies in the Low
Density Residential district which calls for "10 acres or more per dwelling unit". With
one single family and one accessory unit on 11.7 acres, the average density is 5.8 ac/du,
which does not meet the recommended density but is consistent with the existing density
in the area. The Pinyon Peaks Subdivision and Up Cattle Creek P.U.D., which are
adjacent to the site, range from approximately 3 to 17 acres.
Section III -2.0 Housing: "To ensure all types of housing that ensures current and future
residents equitable housing opportunities which are designed to provide safe, efficient
residential structures that are compatible with and that protect the natural environment."
This proposal meets the stated objective.
II. DESCRIPTION OF THE PROPOSAL
1. Site & Project Description: The site is primarily rolling sage covered hillside with
an existing concrete and corrugated sheet metal house located at the northern end
1 of 5
of the lot which is accessed via a gravel driveway from the county road. A tennis
court, small outbuilding, and gardens are located near the house. The applicant
would like to obtain a special use permit to place an accessory dwelling unit on
the property to the northeast of the existing house (see site plan, page .5 ).
M. MAJOR ISSUES AND CONCERNS
A. Zoning: An accessory dwelling unit is considered a special use in the A/R/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:
5.03.021 Accessory Dwelling Unit: Use of a structure as an accessory dwelling
whether approved by Special Use, use by right in a new subdivision approval, or on
an existing lot must meet the following standards, as well as all other standards
applicable to residential use:
(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 homeowers 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 is allowed.
(7) That all construction complies with the appropriate County building code
requirements. (A.95-076)
This application meets the following:
-the minimum lot requirement
-the gross floor area
The accessory dwelling unit may be leased (but not sold) and shall meet the
County Building code requirements. There are no covenants pertaining to this
site. The applicant shall comply with the County ISDS regulations.
The following issues remain unresolved:
-the applicant needs to provide proof of an adequate water source (see section D
of this report)
B. Conditional and Special Uses: Special Uses are subject to the standards set forth
in Section 5.03 of the Zoning Resolution. Utilities adequate to provide water and
sanitation service, street improvements, and design of the proposed use to
2 of 5
•
minimize impact through various means are specified in this section. Provisions
shall be made to comply with these regulations.
C. Legal Access: Access will be provided via an existing gravel driveway.
D. Water: An existing well, permit #26415-F, issued to B. Davis & J. Provisor,
services the house and grounds. The applicant is the successor in interest to
Provisor/Davis since she purchased the property in December 1989. A change in
ownership for the well was filed in June 1999.
The well permit states that 0.2 ac/ft (which is roughly 65,170 gallons) of ground
water may be appropriated annually for domestic use provided that the well is
pumped in compliance with the terms and conditions of the augmentation plan
approved by the Division 5 Water Court in case # 79CW97 (see page/JA).
The terms and conditions of this augmentation plan are based on utilization of 90
gallons per person per day, with 3.5 persons occupying each single family
residence. This results in about 315 gallons of daily use per household.
According to the restrictive covenants, no more than 1,000 sq. ft. of lawn and
gardens are to be irrigated (see page 4, paragraphs 13 & 15, of augmentation
plan).
Lee Leavenworth stated in a letter dated 6/18/99 that in his opinion "... Susan
Kirk has a legal water supply to serve both her existing house and an accessory
dwelling unit..." (see pageb''d9). The letter also states that outside irrigation
would be limited to 3,750 sq. ft. of lawn and gardens. Based on the submitted
plan, which does not show all the lawn and garden areas, and a site visit, staff
believed this figure to be low. On 6/21/99 staff requested Brad Ziegel, of Harry
Teague Architects, to confirm this figure. A letter, dated 6/24/99, states that the
irrigated area is actually 5,650 sq. ft. (see letter, page 15 ).
On 6/21/99 staff had a conversation with Dwight Whitehead, of the Division of
Water Resources, concerning whether or not 0.2 ac/ft (or 65,170 gallons) is a
sufficient amount of water to serve two (2) single family dwelling units. Dwight
said that a general rule of thumb is as follows:
• One (1) single family house, without any outside irrigation, diverts 1/3 of an
ac/ft (or 108,000 gallons) annually. The consumptive use is about 1/10, or
10,800 gallons annually, since the wastewater recharges the groundwater.
Based on this information, with two (2) single family dwelling units, the applicant
Page 3 of 5
• s
would need to divert about 2/3 ac/ft annually (or roughly 216,000 gallons) in
addition to enough water to irrigate the landscaped areas. The applicant plans to
only divert 65,170 gallons, which is not a sufficient amount to service two (2)
single family dwelling units plus outside watering.
On 6/22/99, staff received the following comment from Dwight Whitehead:
"Per discussion with our Asst. Div. Engineer, Alan Martellaro, he feels the
original decree and permit are limited as stated in paragraph 13 & 15 [of the
CLDC Aug. plan 79CW97] and all of the decree. Thus, to expand use an
amended decree and new permit are needed". Staff concurs with this opinion.
E. Sewer: The applicant shall meet the Colorado Department of Public Health ISDS
standards. No other State and Local health standards are applicable to the
application.
The applicant has an existing ISDS, permit # 1935, which is sized for five (5)
bedrooms. At the time of building permit application the building department
will determine whether the existing ISDS system is sufficient. A new, enlarged,
or engineered system may be needed.
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 conformance with the Garfield County Zoning
Resolution of 1978, as amended.
Page 4 of 5
1
1
V.
RECOMMENDATION
Staff recommends APPROVAL, with the following conditions:
1.
3.
To ensure that 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:
That 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.
Pursuant to Title 30, Article 28, and Title 29, Article 20 of the Colorado Revised
Statutes.
That the applicant meet all requirements of the Garfield County Zoning
Resolution of 1978, as amended.
Pursuant to Section 9.03.01 (1):
That the accessory dwelling unit be built according to the submitted Harry Teague
Architects plan (see page 4 ) and that substantial changes to the plan, such as
but not limited to a change of location or total square footage, will require
another review which may or may not be approved by the Board of County
Commissioners.
To ensure that 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:
That all State and Local health standards be met and that the applicant acquire an
adequate ISDS permit at the building permit stage.
Pursuant to the 1978 Garfield County Zoning Resolution, a.a., Section 5.03.021
(4) and 5.03 (1), and the State of Colorado Division of Water Resources:
That proof of a legally adequate source of water for two (2) dwelling units and the
confirmed outside irrigated area,be provided prior to issuance of a special use
permit. An amended decree and'new permit shall constitute proof.
Page 5 of 5
1 ck