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Home My WebLink About2.0 BOCC Staff Report 04.05.2004Exhibits for Gausnell Public Hearing held on April 5, 2004 BOCC 04/05/04 FAJ PROJECT INFORMATION AND STAFF COMMENTS REOUEST APPLICANT LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit request for an Accessory Dwelling Unit (ADU) Jack & Glynda Gausnel 1870 CR I 03, Carbondale (Missouri Heights area) 45 acres CR 103 Well ISDS AIRIRD I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to convert an unfinished second level of a recently permitted two car garage (#8970) to an accessory dwelling unit. The two-story garage has a 30' x 24' footprint providing for 720 square feet on each floor. The upper floor would contain I bedroom and a kitchenette. The property is approximately 45 acres and is improved by a single-family residence and a bam. II. APPLICABLE REGULATIONS A. Special Use Permits 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 ofthe 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 Resolution: An ADU is a special use in the AIRIRD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. The application must 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 I standards are listed below in bold italics followed by a Staff response: General Special Use Permit Requirements (Section 5.03) I) Utilities adequate 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 Finding At present, the structure has not been plumbed for water and wastewater. The property has a valid exempt well permit that may provide water up to 3 residences. The Applicant proposes to handle wastewater through the installation of an ISDS that meets with all the applicable state regulations. Should the Board approve this request, the Applicant will need to amend the garage permit to include the conversion of the upper floor to a dwelling unit and also obtain the necessary ISDS pe1mit from the county. This shall be a condition of approval. 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 The ADU will only generate 9 or less trips a day which will have very minimal affect on the county road system. Further, there is ample space to locate parking on the 45 acre property. 3) 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 periphe1y 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 conversion of the upper floor of the garage will have no impact on the adjacent uses of land. The structure is well secluded on the large lot and does not need to be screened. The Applicant proposes some lighting on the front of the garage. All exterior lighting shall be directed inward and downward, towards the interior of the lot. No signage is proposed as part of the request. Specific Special Use Permit Standards for ADU (Section 5.03.21) 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. Staff Finding The property contains 45 acres which exceeds the minimum acreage required and virtually all of the property contains slopes less than 40%. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Finding The ADU will contain a total of 720 square feet which does not exceed the maximum allowed. A floor plan is included in the application. This standard is met. 2 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding The property is not located within a subdivision. This standard does not apply. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding The property's domestic water source is provided by an exempt well that may legally serve up to 3 dwelling units. The well presently serves the main house on the property. This standard is met. 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. Staff Finding The Applicants propose to handle wastewater through the installation of an ISDS that meets with all the applicable state regulations. Should the Board approve this request, the Applicant will need to amend the garage permit to include the conversion of the upper floor to a dwelling unit and also obtain the necessary ISDS permit from the county. This shall be a condition of approval. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Finding At present, the structure is only permitted as a garage. The Applicant shall amend the existing building permit for the structure so it satisfies all the required specifications for a mixed use structure that includes a garage and dwelling unit. This structure I dwelling unit shall not be occupied until a final certificate of occupancy has been issued by the Building Department. Applicant shall have this completed within 120 days of approval by the Board. III. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3 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. IV. RECOMMENDATION Staff recommends APPROVAL, with the following condition: I. 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. At present, the structure is permitted as a garage only. The Applicant shall amend the existing building permit for the structure so it satisfies all the required specifications for a mixed use structure that includes a garage and dwelling unit. This structure I dwelling unit shall not be occupied until a final certificate of occupancy has been issued by the Building Department. Applicant shall have this completed within 120 days of approval by the Board. 3. All lighting associated with this structure shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the lot. 4. The Applicant shall obtain the appropriate ISDS permit as part of the amendment to the building permit. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 1870 County Road 103." 4 Special Use Permit Accessory Dwelling Unit Board of County Commissioners AprilS, 2004 1:15PM I Proposal • The Applicant requests approval to convert the unfinished second floor of a recently completed garage to an ADU. I Review Standards Woll /ohller liSII existing or lnolllll...wsoptlc syotorn TIM I<OU wUI ,... t1>o Hmo ,..IYalll drlvOW"Y oo tile motn llouso ond wlll not im~t CR I OJ, Design of the proposed use is organized to minimize impact on and from ~d~f;,~;r~ ~snet,~' ~!~~h~;;~T~~1~11!~dnb~',;;~~;~ ~~~gfin~~~~f;~~~~~~ areas, access points, lighting and signs in such a manner as to protect established neighborhood character; ~~-:.~:: ;.~~i'tyr;•!!!d od!oeon! to mo!n holM VON romolllhr !oe.otod wlhln tho h .. r! of I Proposal / Property Specifications • Owner: Jack & Glynda Gausnell • Location: 1870 CR 103/ Missouri Heights • Property size: 45 acres • Water: Exempt Domestic Well • Wastewater: ISDS • Zoning: ARRD • Comprehensive Plan: Study Area 1 (6-9 ac /du) I Proposed ADU I Review Standards (cont.) Tllo minimum lot slzo 51!1111 M /oiH {l) KTU cot~llllnlnfl• b<lldlng ~ wfllt slopes lass 1/tan 40% "'IMst two (2J acnsln sl<a. -!~;;~!'~ t;;!~~~ 0~= .... w5~~ .. ~~~~~~~~~~~!~:'i: ~!r'lred and Tho groso floor......., for J'$$/denUIII use <>C<>uponoy shill/ not uoHd tSOO sq. fl. -TM MIU will contain a tot.ol of 720 •'!""•• fHI which does not exceed tM maxim..., ollowt<I.A lloorplonlt lr>Oiuclod In tl>o appllc:ollon. This st.ondord Is met. Approvlll from Uta subdivision ~>cmeo .... on associoUotl andlor Ill/owed by O:OV<Oiflllll If ---Tl>o pr<>POtty 13 not locatod wKhln a oubdMolon. This olordor~ does not apply. 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