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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.04.2001di Pfil fi— ,E 447 4 .i21 -2—p4 C - Glgo"ealtrn nig E - �, G z� n /at 4d df'114 o� a rity %) F ,7tt -retie-A7y6 A. -nem -roof BOCC 6/4/01 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for an Accessory Dwelling Unit. APPLICANT: Michael N. & Lenore L. Hammes LOCATION: A parcel of land located in a portion of Section 24, T7S, R88W of the 6th P.M.; located approximately three (3) miles northeast of Carbondale, off of County Road 100. SITE DATA: 17.7 Acres WATER: Domestic Well SEWER: Individual Sewage Disposal System (ISDS) ACCESS: Private road off of County Road 100 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the proposed accessory dwelling is located in Medium Density Residential (6 to less than 10 ac/du), as designated on the Proposed Land Use Districts Map, Comprehensive Plan of 2000, Garfield County, Colorado, Study Areas 1-3. II. DESCRIPTION OF THE PROPOSAL A. Site Description: : The subject site contains steeply sloping terrain. Grades on site range from ten (10%) percent to thirty-five (35%) percent. Vegetation on the site consists predominantly of pinion and juniper trees and of sage brush. The site contains one (1) residential building associated with the property. B. Development Proposal: The applicants propose to build 993.5 sq. ft. accessory dwelling on the second story of a proposed garage. The application indicates a desire to allow the -1- ADU to be increased in size to 1500 sq. ft. at a future date. The ADU will share an existing well and ISDS that serves the existing residential dwelling. Access to the site is via a private road off of County Road 100 that serves a number of lots in the area. III. MAJOR ISSUES AND CONCERNS l . Zoning: The subject parcel is zoned A/R/RD and was created through the subdivision process, but no accessory dwellings were approved as a part of that process. Section 5.03.021 of the Zoning Resolution requires that the parcel meet certain criteria: 1] The minimum lot size shall be four (4) acres containing a building site with slope less than 40% at least two (2) acres in size. The lot is over the four (4) acre minimum and the proposed ADU site appears to be within the buildable area of the lot with slopes less than 40%. 2] The gross floor area for residential occupancy shall not exceed 1500 square feet. According to the application, the proposed ADU, the floor area devoted to residential occupancy will be 993.5 square feet. The applicant has requested that any permit approval allow the ADU to be expanded in size to 1500 sq. ft., as allowed by the regulations. 3] Approval from the subdivision homeowner's association and/or allowed by covenant, if applicable. There is a homeowners association for the West Rimledge Subdivision, which has covenants that allow for an accessory dwelling unit. The covenants have very specific requirements for "defensible space" of at least 45 feet on the east and west sides and at least 60 feet on the north and south sides of any dwelling unit. There are additional standards for establishing the defensible space contained in the covenants that must be incorporated into the design of the garage/ADU structure. 4] Proof of a legally adequate source of water for an additional dwelling unit. The application Well Permit No. 54700, which replaced the original permit issued for the lot and extended the time for filing a statement of beneficial use to October 11, 2001. The permit allows the well to be used for one single family dwelling and one detached caretaker unit. In a verbal conversation with the Division of Water Resources, they indicated that an accessory dwelling would be considered the equivalent to a caretaker unit and no modification of the permit will be necessary. -2- 5J Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facili02. The applicants are proposing to utilize the existing ISD system that serves the applicant's house, but it will require the expansion of the leach field to accommodate the additional bedrooms in the ADU. A permit will be required for the expansion of the leach field, including a new percolation test. 6] Only leasehold interest in the dwelling unit is allowed. The applicant is proposing to use the accessory dwelling for guests and family members to stay on the property. Regardless of the intent of the present owner, a condition of approval should be a requirement that the ADU will always be a leasehold interest and may not be sold separately. 7] That all construction complies with the appropriate County building code requirements. If approved, the applicant would be required to apply for and receive the appropriate building permits. Section 5.03 of the Zoning Resolution sets forth the requirements that all special uses must meet, to wit: 1] Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in conjunction with the proposed use; The exiting well permit will legally supply and will be capable of serving the main house and ADU, as noted in previous comments. The proposed expansion of the existing ISDS will result in adequate sewage treatment on site. 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; Access to the lot is via a private drive off of CR 100, that the owners of property in the West Rimledge Subdivision are required to participate in the maintenance and repair costs. An emergency access was created as a part of the subdivision that provides an alternate access to and from the site in the case of an emergency. -3- 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 periphery 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; This provision is generally concerned with the aesthetics of development and the application proposes to minimize the impacts to adjoining lots by locating the new proposed structure on a portion of the lot with the least amount of visual impact on adjoining properties. Given the established character of the neighborhood, it is staffs opinion that the proposed land use would not alter or degrade the neighborhood's aesthetic character. IV. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law 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 discussed within the Special Use Permit application and the public hearing. 3. That the application is zet in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed land use is tae1t in the best interest of the health, safety, morals, convenience, order, prosperity and welfare ofthe citizens of Garfield County. V. RECOMMENDATION Staff recommends approval of this application, with the following conditions of approval: 1. That all proposals of the applicant, made in the application and at the public hearing, shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners. 2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended. -4- That the accessory dwelling unit shall adhere to the following standards: "No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid - fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning Resolution in Section 1.08, which states among other things, that "residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect ofliving in a County with a strong rural character and a healthy ranching sector." The site plan for the accessory dwelling unit will include a plan for the defensible space around the accessory dwelling Only a leasehold interest in the accessory dwelling unit is allowed. -5- e DETERMINING SAFETY ZONE DIMENSIONS The increase in Safety Zone size is based on increased rate of fire spread at the slopes listed. If you live on slopes other than those listed, use the slope chart to help determine your side and downhill dimensions. 50- 40 0- 40 — 10— I 30 044,,,x,40 r r 50 60 70 Distance in Feet r 80 90 100 Example: If your home is situated on a 20 percent slope, your Safety Zone dimensions would be 40 feet on the uphill and sides of your home, and 47 feet on the downhill side. 13 ..� rH...A=o.A..a.v..0 a U.cnnf ri. JOHN A. THLL$QN EDWARD MULRALL, JR. SCOTT BALCONES LAwREHCE R. GREEN TIMOTHY A, THUISpw LORI J. M. SATIERFIELD EDwAAO B. OLSZEWSNI DAVID SANDOVAL CHRISTOPHER L. GEIQER ANNE MARIE CALLAHAN 1!): �J71094 5 89 10 2 RECEIVED: HAY 2 4 2011t BAT.COMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 $1$ C01Q1tAn0 AVENAE GT.r;.N"W'OOD SPRINGS, COLORADO 8160E Telephone: 970 .945.5546 Facsimile: 970.945.8902 FACSIMILE COVER SHEET DATE: May 24, 2001 TO: Mark Bean Garfield County FAX No: 38¢3470 FROM: Anne Marie Callahan RE: New Well Permit for Mike Well No. 1 NUMBER OF PAGES: PAGE 1/9 OF COUNSEL: KENNETH BALCONIES (induding this cover sheet). If you have trouble receiving this fax, please call Kim. Hard copy WILL NOT follow. Please refer to the attached. ADDITIONAL INSTRUCTIONS / COMMENTS: Following is a copy of the re-application and new permit which was issued for Mike Well No. 1The well was constructed under permit no. 49665- F, but as a statement of beneficial use was not filed, the original permit expired on April 8, 2000. (See paragraph 3 of the new permit). The Hammes filed a re- application for Mike Well No. 1 on August 31, 2000 and were issued a new permit on October 11, 2000. This well permit is valid until October 11, 2001. Please let me know if you need any further information from me or would like us to obtain additional verification from the state. I can be reached at 945-6546. THIS FACSIMILE TRANSMISSION IS CONFIDENTIAL! The information contained in this facsimile message is protected by the ATTORNEY/CLIENT AND/OR THE ATTORNEY/WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual named above, and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other reader of the facsimile is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this enmm.mication in error, please immediately notify us by telephone, and return the original message to us at the above address via the U.S. Postal Service. Thank you. Form No. GWS -25 APPLICANT r7Cun=13mi-uti rs Lk UNttN YU ID.970945B902 OFFICE OF STATE ENGINEER COLORADO L. —ZION OF WATER RESOUR...,a 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PAGE 2/4 LIC WELL PERMIT NUMBER 054700 - F DIV. 5 WD 38 DES. BASIN MD MICHAEL HAMMES % EDWARD B OLSZEWSKI POST OFFICE DRAWER 790 GLENWOOD SPRINGS, CO 81602- (970) 945--6646 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 24 Township 7 S Range 88 W Sixth P.M. DISTANCES PROM SECTION LINES 350 FL from South Section Line 2160 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS QF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights_ The issuance cif this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Weil Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well (Mike Well #1) constructed under expired permit no, 49665-F, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply pian, approved by the State Engineer, is in effect and when a water allotment Contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.299, 4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling and one detached caretaker unit, and the irrigation of riot more than 1,500 square feet of home gardens and lawns. All use of this weir will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.867 acre-foot. 7) The owner shall rnark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate_ The owner shall take necessary means and precautions to preserve these markings_ 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved for up to .867 acre-foot of ground water to be used inside one single family dwelling and one caretaker unit, and the watering of 1,500 square feet home lawns and gardens. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106. C.R,S.) APPROVED KMG State Engi eer Recei+t No, 0465926A DATE ISSUED 101 It/ 2000 BYEXPIRAT1O ATEE 41 1 209 1u-11—cY-01 10:14 CRUM:10: L.tU19O O: URtt1V ru 1313 SE RMA.0 ,7T.. R.M. VER CO S0_03 'r•pne • Infc:.sC3; SO6-3587 r. . 3hm!V:v^3155c-,;531 GENE= ^-,'_ PURPOSE fleece new aertcr fer a are avedaaie'cr ,•pacific aces :nCWding . rased Review Insbnicdcr:s odor to emmoiebng form 1. APPL,rCANT INFORMATION Michael Hammes c/o Edward 8. Olszewski 1U. -.'WH4 bHU2 e'HU1; 3/4 Water Weil Par1mit A L,1iCatjoh crucf. 4..e6:Cet rnorltcrflg/abeerv„ eenvel et:t, y y,tan 9 ct JIL' we:i 61 "roust be completed in black ink Cr tVted 6. USE OFF WELL (ciesse arach fd,.a:,•e .«r,... Post Office Drawer 790 c Glenwood Springs (970) 945-65 2. TYPE OF APPLICATION Cane CO 81602 Wa «a mar 46 (er3c ap;.iicaCle boxiest;) a LEGA!. CEs • INDUSTRIAL CTM COmMERCi„L ✓ MUNICIPAL., O fRpiGATION O FEED LOT - number a: Scarf 7. WELL DATA O T H49: domestic uses for si cjle family dwelling, 1 caretaker unit and irrigation of not rore than 1,500 stuns feet 15 ana o-oa 220 c, Rodrinc Fork River 8. LAND ON WHICH GROUND WAT.R r,J;i-L SE USED c . =F910H Imay be provided at an Yz.nbrnemt; J .�9rad Com f 0.925 ear --'e I ac..l Trioutarya to Li Construct new Well fwl Reg(ace existing well O Change (sourct) Aquifer Q Other: 0 Use existing weli 0 Change or Increase Use -11=. flea .;piicatcn tea4,4pd pe,wJ 3. REFER TO ;if aooliezbte): Same as 5. A. 1:` I.xed 'or e.1p imgeden. ween ached map by Nowt krie4led aree.; water court case Enorecnay Varpal r -V E - 045665--F 1 .Morita.ir>c Kota ac know le doenent i �Iwy- welt nacre or 1 Mike Well No. 1 4. LOCATION OF WELL eacerty Garfield. seen e,.n.**, a ar 24 7 ❑ _ 9ta.mrce of wen from secSon anew 350 ;tfrom GNL $ 2,160 ,S from QE W Wiq kvea,eam bdym. k sr' -....e *em wv:w..ein. if .wea.n.r 411ar[eHavarcr Cvare'• % R1,cc - a or W 88 0 M SW ;3_ 44211 17.61icant I C. Cwner App 0. Lir any other weft of carat eic!rt treed on ch;a tend: Mike Well Nos. 2 and 3 9: PROPOSED WELL DRILLER (optional) Licensed _- 10. SIGNATURE of applicants) or aUtilcnzed agent Y. The making of false statement herein constitutes perjtay �"'a°°' 1'`wkka in the second degree, wrath is punishable as a -doss 1 mist - 6th p.m. demeanor pursuant. to C.R.5- 24- -104(13)(a). I have read feet direction 5. TRACT ON WHICH WELL WILL sE LOCATED A. LtiCAL OE$ P7ICH foray Ss Tbddg4 as an rttaehmene! See attached Exhibit A 6. the siatement herein, know the contents thereof, and state t they are t t.'e to my 14 ledge- rao Applicant OPTIONAL INFORMATION AEG-. ,n,a !rm. VAR S..eta.e de.. STAi e PAACt .ox toaa9.w!: c. r .er,a vse o. o' -n,.. 17.6 1 Applicant E. Win this be the only well on this uart? YCS tv0 rif others `N • a instructions) Cute Use Cn;y OIV� CO \NO EA USE(S) - MO For--: GWS -:5 (12/95 A PARCEL OF LAND SIICIAD IN TEE S1/2N1 /25n1/4SN1/4, S1/2N1/2S1/25E1/4, S1/2SBI/45W1/4 AND T"� S1/2S1/2SE1/4 CP SECTION 24, TOWNSHIP 7 SOU; =, RANGE 88 WEST OF TEE SIXTH PRINCIPAL MERIDIAN, GARcIELD COUNTY, COL-02ADO, SAID PARCEL OF LAND IS DESCRIBED AS SOLLQWS: BEGINNING AT A ROCK FOUND IN PLACE AND PROPERLY MARRED FOR THE:SOUTE QUARTER CORNER OF SAID SECTION 24, THENCE N. 89 DEGREES 03' 04" W. 292.40 FEET ALONG "rs SOUTHERLY LINE OF SAID SECTION 24 SCE N. 00 DEGREES 46' 35" E. 996.86 FEET TO A POINT ON 3 NORTHERLY L_T2' OF SAID S1/2N1/2SE1/4SW1/4 THENCE S. 89 DEGREES 14' 09" S. 313,94 FEET ALONG THE NORTHERLY LINE OP SAIn S1/2N1/2SE1/4SWI/4 TO A POINT ON THE NORTH -SOUTH CENTERLINTE O_ SAID SECTION 24; THENCE S. 83 DEGREES 58' 01" E,; 668.64 FEET ALONG THE NORTHERLY LINE QF SAID Sl/2N1/251/2SH1/4; TE NCH S. 03. DEGREES 57' 13" W. 1001.83 FEET TO A POINT ON THP SOUTHERLY LINE OF SAID SECTION 24; THENCE N_ 88 DEGREES 38' 13" W. 669_59 FEET ALONG Tan SOtTtP4RLy LINE OF SAID SECTION 24 TO THE SOU" 3 QUARTER CORNER OF SAID SECTION 24, !.ac, POINT OF BEC -MINING. COUNTY OP GARFIELD ST'Arz OF COLORADO ___ Qp; R C. E L..