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Home My WebLink About2.0 Staff Report. * yamt pe-tez. p -l' L(9/"✓li vua)i-e-R pei2,1V tit ff)v&( bfes .f'P0rn maw y REQUEST: APPLICANT: LOCATION: PROJECT INFORMATION AND STAFF COMMENTS BOCC 12/10/01 A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the A/R/RD zone district. Barry and Jane Till Lot 9, Cottonwood Hollow Subdivision, located off of CR 113 north of Carbondale SITE DATA: 7.4 acres ACCESS: County Road 113 to Cottonwood Hollow Lane WATER: Well SEWER: ISDS EXISTING ZONING: A/R/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 remodel an existing structure on the property to be utilized as an accessory dwelling unit. In 1994, the applicants obtained a Conditional Use Permit to have a home occupation in the garage. Their current plans are to move the existing office to the basement and remodel the old office into an accessory dwelling unit. Due to the size of the unit (20'x20'), the anticipated occupancy for the unit is one (1) or two (2) individuals. 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 1 • • 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 large lot 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 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: (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 distance between the house and the garage is 47 feet. Based on this information, the proposed access appears to be both legally and physically adequate. D. Water: The applicant has recently obtained a new well permit, #56072-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 permit allows for domestic water use within a maximum of one (1) single family dwelling with a guest house and irrigation of not more than 2,500 square feet of lawn and garden. The conditions of approval for the well permit, however, reference the water case 2 • • no. 2000CW136, which concerns an application for water rights for Barry & Jane Till, Marc & Erin 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 not provided any information 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 and 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. 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 3 • • 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 1 C/6144 Staff recommends APPROVAL, with the following conditions: (CI ‘46179 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: 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. 4 . �L�f v fw� 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. That the Conditional Use Permit granted in March, 1994, reception no. 460220 for a home occupation on Lot 9, Cottonwood Hollow Subdivision shall be I° C{ ‘1 re to his t the time the Special Use Permit for the accessory dwelling unit on th gran 7. This approval shall be valid until 12/10/02. If the applicant fails to meet these conditions by 12/10/02, 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. 5