HomeMy WebLinkAbout2.0 BOCC Staff Report 11.13.2000BOCC tvt3l00
PROJECT INFORMATION AND STAFF COMMENTS
REO.UEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
WATER:
SEWER:
EXISTING ZONING:
SURROUNDING ZONING:
I.
A request for review of a Special Use Permit to
allow an Accessory Dwelling Unit.
Randal and Cecilia Harmon^
0574 Crystal River Road. Rock Creek Subdivision,
Lot 13. Just west of Carbondale on Crystal River
Road.
5.00 acres. Lot is currently occupied by a house and
a barn. The barn is to be converted to house the
proposed ADU.
Crystal River Road.
Central supply from Home Owner's Association
(Fender Spring and pipeline).
ISDS.
A/RiRD
A/R/RD
I
INTRODUCTION/DESCRIPTION OF TF{E PROPOSAL:
The applicant's, Randal and Cecilia Harmon, have approached the county to receive a
Special Use Permit for the purpose of allowing an Accessory Dwelling Unit. The subject
property is currently occupied by a house and a barn in which the accessory dwelling unit
is proposed to be built within. Access to the property is via Crystal River Road. Water is
to be supplied by the central water system from the Home Owner's Association (Fender
Spring and pipeline). Wastewater is to be treated through an individual sewage disposal
system.
RELATIONSHIP TO TI{E COMPREFIENSIVE PLAN
This application appears to be in compliance with the Garfield County Comprehensive
Plan of 1995 for Study Area l, as amended.
M. GARFIELD COUNTY ZONING RESOLUTION:
Section 3.02 AIR/RD - Agricultural/Residential,/Rural Density allows Accessory
Dwelling Units as a Special Use.
Section 5.03 Conditional and Special Uses states:
As listed under Zone District Regulations, conditional and special uses shall conform to
all requirements listed thereunder and elsewhere in this Resolution plus the following
requirements:
(1) Uilrties 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;
Based on information submiued on November 7,2000, (See application submittal
package, leffer from Balcomb and Green, dated November 7, 2000, with
affachments), it appears that adequate water is in place via the Fender Spring and
pipeline to supply the proposed Accessory Dwelling Unit.
It appears from the letter from the applicant's engineer (See application
submittal), that the proposed additional ISDS system for the proposed Accessory
Dwelling Unit will be adequate to service the proposed Accessory Dwelling Unit.
Therefore, it appears that the submitted application complies with this regulation
with regard to adequate utilities to provide water and sanitation service.
(2) Street improvements adequote to accommodate trffic 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;
The property is accessed via Crystal River Road.
(3) Design of the proposed use is organized to minimize impact on andfrom adjacent
uses of land through installation of screenfences or landscape moterials on the
periphery of the lot and by location of intensively utilized oreos, occess points,
lighting and signs in such a manner as to protect established neighborhood
character.
The neighborhood character is residential, and should not be adversely affected
by the proposal.
2
(s)
Section 5.03.21 Accessory Dwelling Unit:
(l) 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.
The subject lot is in excess of four (4) acres (it is 5.00 acres in size), and the lot
contains a building site with slopes less than 40Yo at least two (2) acres in size.
(2) The grossJloor areafor residential use occupancy shall not exceed l5A0 sq.ft.
The proposed Accessory Dwelling Unit is approximately one thousand five
hundred (1,500) square feet in area (not to exceed 1,500 square feet).
Approval from the subdivision homeowners association and/or allowed by
c ov enant if appl i c ab I e.
The application submittal contains a letter dated July 29,2000, from the Rock
Creek Homeowner's Association stating the Architectural Review Board has
approved the Accessory Dwelling Unit plans with two (2) conditions. These two
(2) conditions are:
l) Per the Protective Covenants of Rock Creek Subdivision, Item I (A),
states that No lands within said Subdivision shall be occupiedfor or used
for any commercial or business purpose.
2) Approval is subject to your acquiring all necessary permits, approvals
and inspections (including septic) required by Garfield County.
Staff recommends these two (2) conditions as conditions of any approval of
this applied for Special Use Permit.
Proof of a legally adequate source of water for an additional dwelling unit.
Based on information submitted on November 7,2000, (See application submittal
package, letter from Balcomb and Green, dated November 7, 2000, with
attachments), it appears that proof of a legally adequate source of water for an
additional dwelling unit has been supplied.
Therefore, it appears that this regulation has been complied with in the
application.
Compliance with the County individual settage disposal system regulations or
proof of a legal ability to connect to an approved central sewage treatment
(4)
(s)
facility.
This means that an adequate single ISDS can be constructed to serve both the
primary dwelling unit and accessory dwelling unit, or, two (2) separate adequate
ISDSs may be constructed, one for the primary dwelling and one for the accessory
dwelling. Domestic waste water cannot exceed 2000 gallons per day (gpd) on any
individual lot regardless if there is one or two ISDSs. If domestic waste is to
exceed 2000 gpd on any lot, state approval would be required. This will be a
condition of approval of this Special Use Permit.
From the letter submitted by the engineer for the application (See application
package), it appears that the proposed ISDS for the proposed Accessory Dwelling
Unit will be satisfactory for the ISDS, and 2000 gpd of waste water will not be
exceeded.
Only leasehold interests in the dwelling units is allowed.
Staff recommends this as a condition of any approval.
That all construction complies with the appropriate County building code
requirements.
Staff recommends this as a condition of any approval. Building permits will
have to be obtained for any primary and/or accessory dwelling unit to be
built on the subject property.
IV.SUGGESTED FINDINGS:
1.That proper posting and public notice was provided as required for the hearing
before the Board of County Commissioners.
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.
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.
That the application is in compliance with the Garfield County ZoningResolution
of 1978, as amended.
(6)
(7)
)
J.
4.
4
V.RECOMMENDATION
Staffrecommends APPROVAL, of the applied for Special Use Permit, with the
following conditions:
1. 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.
2. Section 5.03.21of the Garfield County ZonrngResolution,l9TS, as amended, and
detailed in this staffreport, be complied with by the applicant.
3. The two conditions in the letter dated July 29,2000, from the Rock Creek
Homeowner's Association, included in the application submittal, which state:
1) Per the Protective Covenants of Rock Creek Subdivision, Item I (A),
states that No lands within said Subdivision shall be occupiedfor or used
for any commercial or business purpose.
Approval is subject to your acquiring oll necessary permits, approvals
and inspections (including septic) required by Garfield County.,
must be complied with by the applicant.
The requirement of the September 8,2000,letter from the Rock Creek
Homeowner's Association, which states, "Their requested accessory dwelling
unit will be fumished water from our water system provided that they have
obtained all required permits from all applicable agencies.', bolding added for
emphasis, must be complied with by the applicant.
Any violation of the terms, interpretations or agreements made or represented to
Garfield County by the applicant pertaining to or included in this Special Use
Permit, shall be considered a breach of the terms of conditions and the applicant
shall cease and desist all activities and may be subject to revocation of the
Special Use Permit.
4.
5,