HomeMy WebLinkAbout2.0 BOCC Staff Report 03.25.2002PROJECT 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.
Marc and Erin Bassett
Lot 8, Cottonwood Hollow Subdivision, located off of
CR 113 north of Carbondale
5.088 acres
County Road 113 to Cottonwood Hollow Lane
Well
ISDS
AIR/RD
I. RELATIONSIIlP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of2000, 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 permit an existing
structure already located on the lot as an accessory dwelling unit so that it may be
rented out in the future. The livable space within the structure is approximately 800
square feet, and is currently used as an occasional guest house for family.
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
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proposed use to minimize impact through various means shall be provided. Impacts
are generally expected to be minimal due to the large Jot size and the fact that the
structure is already in place on the property.
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 existing Individual Sewage Disposal
System (ISDS) will handle wastewater. The applicant has obtained approval from
the Cottonwood Hollow HOA and has amended the subdivision covenants to allow
an accessory use on their lot. 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 Cottonwood Hollow
Lane, which also serves the main house. The proposed access appears to be both
legally and physically adequate.
D. Water: The applicant has provided copies of well permits, #56071-F and 56089-F
to accommodate the water needs of the accessory dwelling unit. Thus, the
applicant appears to have the necessary legal water rights. The current well
permits, when added together allow for domestic water use within a maximum of
· two (2) single family dwelling units, the irrigation of 3,500 square feet of home
gardens and lawns, and the watering of one (1) horse. The conditions of approval
for the well permit, however, reference the water case no. 2000CW136, which
concerns an application for water rights for Barry & Jane Till, Marc & Erin
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Bassett, Allen & Teri Harrelson, Russell & Pam Fritz, Stephen Heinig, Karen
Olsen, and Arthur & Janice Forbes. Water for augmentation purposes will be
supplied by releases from Green Mountain and/or Ruedi Reservoir, and from the
Park Ditch and Reservoir. The Homeowners' Association shall own the contracts
and be responsible for ensuring that the conditions of the decree are met.
The application does not 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:
1) 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 100 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: Both the primary and accessory dwelling units will be served by a common
individual sewage disposal system. The applicant has provided a copy of the ISDS
permit granted in June of 1990. This permit shows that the current ISDS system has
been sized for a three bedroom home. There is not any evidence on the permit to
show the accessory dwelling unit was included within the calculations regarding the
capacity of the existing ISDS system. The applicant should note that Colorado
Department of Public Health ISDS standards apply. The applicant should provide
an engineer's opinion as to whether the ISDS is sized appropriately to accommodate
the existing house and the accessory dwelling unit prior to issuance of the special use
permit. If necessary, a new ISDS shall be constructed prior to occupancy of the
accessory dwelling unit.
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
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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.
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
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
provide a qualified engineer's opinion as to whether the ISDS is sized
appropriately for the existing house and the accessory dwelling unit prior to
issuance of the special use permit. If necessary, a new ISDS shall be constructed
prior to occupancy of the accessory dwelling unit.
4. That the following information must be provided prior to issuance of a special use
permit:
l) 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 100 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.
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5. That a legally formed Homeowners' Association shall administer the
augmentation water; That the applicant shall comply with the Cottonwood
Hollow Homeowners' Association covenants;
6. This approval shall be valid until 03/25/03. If the applicant fails to meet these
conditions by 03/25/03, and subsequently the special use permit is never issued, the
approval shall be automatically revoked, unless an extension is granted by the Board of
County Commissioners.
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