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Home My WebLink About2.0 BOCC Staff Report 07.11.2009Exhibits for Nilsen sUp public Hearing held on July 11, 2005. Exhibit Letter * A rvlalr i(eturn -Kecelpts B Proof of Publication amended. Project Information and Staff Comment C D E F Nilsen SUP Application G H I J K L M N o P 0 R S T U v x Y Z AA BB CC DD EE FF GG HH II JJ KK LL MM NN oo PP Exhibit BOCC 7mt05 MB PROJECT INFORMATION AND STAFF COMMENTS REOUEST APPLICANT / OWNER REPESENTATIVE LOCATION SITE DATA ACCESS WATER SEWER Special Use Permit for an Accessory Dwelling Unit (ADU) Marian Nilsen Lathrop Strang 489 Rose Lane, Carbondale, CO , generally located about Vzmlle east of Carbondale. ll.7 acre parcel Rose Lane Exempt Well ISDS (Individual Septic Disposal System) 2463-044-00-040PARCEL ID NUMBER EXISTING zoNING ARRD (Agricultural / Residential / Rural Densitv) OF PR Th9 Applicant requests the Board g.urt a Sp"cial Use Permit (SUp) for an Accessory Dwelling Unit ll?"')j:: i-1"pj.I]:.o".d just east.of carbondale. The properry conrains approxim atety Lt.7acres' The property has a primary residence of approximateiy 2500 s.f. and an iliegally constructedADU of approximately 1070 s.f.' Presently, trre Anu is used as a guest house, but may be rentedout in the future. The proposed ADU is a two-story structure with a bedroom and bath on the lower floor, along withthe entrance to the structure, an equestrian storage area and two stalls. There is a second floor ofapproximately 700 s.f. in floor area with a living/kitchen area and an additional bedroom and bath.A new ISDS will be built to serve the proposed ADU and possible expansion of the primaryresidence and a future barn. Water for the house and ADU comes from aLxisting domestic well,that has been augmented with Basalt water conservancy District water. II. APPLICABLE REGULATIONSA' Special use Permits are subject to the standards set forth in Section 5.03 of the ZoningResolution' This section states that-utilities adequate to provide water and sanitation service,street impro'."3?1!tr and design of the proposed;;;;; minimize impacr through various meansshall be provided if found ,""".rory. B' Zoninq Resolution: An ADU is a special use in the ARRD zone district pursuant to Section3'02'03 of the Zoning Resolution of 1918, as amended. The application must address thegeneral SUP review requirements in Section 5.03 aswell as the ,p""in. ,i"ndards that apply to lS.}}::il:Tr""1 '' section s '03 'zl'rhese standards are listed beiow in botd itaticsfouowed by 1) utilities adequate to provide water and sanitation service based on acceptedengineering standards and approved by the Board of county commissioners shalleither be in place or shall be ionstructed in coniunction with the proposed use. Staff Finding The property has been issued an exempt well permit that provides legal domestic water fora single-family dwelling and an accessory owetting unit. The Appricant submitted an on-site wastewater system design that has the capacity"to tranate wastewatergenerated from themain residence and the ADU (for a total of 6 bedroom.), to horse stails and 2 washingmachines' It appears this system has been designed in accordance with the County,s ISDSregulations and has been signed and stamped by a professional engineer from Church &Associates' Inc"' The Applicant shall be otfigated to obtain the proper ISDS permir fromGarfield county should the SUP request be granted. This standard is met. 2) street improvements adequate to accommodate traffrc volume generated by theproposed use and to provide safe, convenient access ti the use shalf eitner re inplaceor shall be constructed in coiiu-nction with the proposed use; Staff Finding Main access to the building site on the property is provided by Rose Lane, which is aCounty maintained road' The addition oi trre ADU does not require any additional streetimprovements to Rose Lane. This standard is met. 3) Design of the proposed. use is organized to minimize impact on and from adjacentuses of land through instattatioi of screen yrr"ii-o, landscape materials on theperiphery of the lot and by locatiin ,t ni":tir"i'utilized areas, access points, ':*!::rr;nd signs tn suih a ntakn€r as to protect estabtishei netghbirnood Staff Finding The proposed ADU is located in a building that was originally built to give the appearance H of an agricultural building' The ADu is incolporated into the design of the building and isnot out of character for the area, which has a large number of similar accessory structuresassociated with the primary dwellings. This standard has been met. l) The minim': l*-size shall be four (4) acres containing a building site with slopesless than 40Vo at least two (2) icres in size. Staff Finding The property contains 71.7 acreswhich exceeds the minimum required for an ADU and thelot does not contain slopes steeper than 40vo.This standard is met. 2) The gross floor areafor residential use occupancy shall not exceed ls00 sq. ft. Staff Finding The plans submitted by the Applicant show that the gross floor area of the residential LtJ]"' of the structure constituiing the ADU will nor eiceed 1,070 sq. ft. This srandard is t' :;;;:r'l/:'m the subdivision homeowners associntion and/or auowed by covenant if Staff Finding There is no subdivision homeowners association, thus this standard has been met. 4) Proof of a legalty adequate source of water for an additional dwelling unit. Staff Finding The Applicant obtained an exempt well permit (#625r6)which provides legal water for asingle-family dwelling and u, u...r.ory dwelling. The well permit contemplates thisiurangement and therefore provides legally adequat"e source of water. This standard is met. 5) compliance with the county individual sewage disposal system regulations or proofof a legal ability to connect- to an approved centrai sewage treatment facility. Staff Finding The Applicant provided an "on-site wastewater system" design compreted by church andAssociates' Inc' Engineering & Geologists. This system consists of three septic tanks witheffluent pumps, and automitic distribiting valve ano a mornaeo, pressurized, gravellesschamber-bed drain field with imported snad filter *ur".iur. . As described above, thesystem design has the capacity to hindle wastewater generated from the main residence andthe ADU (for a total of 6 bedrtoms), 10 horse stalls and 2 washing machines. It appears thissystem has been designed in accordance with the county', isos regulations and has beensigned and stamped by a professional engineer. rne apiricunt shall be obligated to obtain - ffiffifi:ISDS permit from Garfierd county should rhe Sup request be granted. 6) onry reasehold interests in the dwelring units are arowed. This StaffFinding ffi",*'at?:i.understands that only leasehoid inrerests are allowed in the unit. This " If:r;':rlrl!.to""oo" compties with the appropriate countlt buitding code Staff Finding The Applicant understands that all construc,io, j.glr.."s the appropriate building permitsand inspections to be conducted by *re -ounty nuiiaing rrJ pii'rrirg Department. sincethe proposed ADu was built wi,#;;ffi;-gpermir, ii wilr be necessaryto have bu,dingplans signed by an architect or engineer submitted ,Il. nriiailg oeparrment for approvar.Normally' after the fact permit, puy u ao,rur" r"". rr* ,nurr-i"Lsidered a condition ofany approvar by the Board of couniy commissioners. III. SUGGESTED FINDINGS 1' 3::H?:ffiT,'J:::* was provided as required for the hearing before rhe Board of 2' That the hearing before the Board of County commissioners was extensive andcomplete' that all pertinent facts, matt"., ura issues *"r" ,ru.oitted and that a,interested parties were heard at that;;;;. 3' That for the above stated and other reasons, the proposed Special Use permit is in the ,x"i :iffil :'."rt$#:ii't g7' ;;;' ;;;'"'i "" ", "..i r.*reri tv an d,"r r*" o r 4' ffi::::ffJ|"#:'is in conformance with the Garfietd County ZoningResolution of IV. RECOMMENDATION Staff recommends AppROVAL, with the following condirion: 1' AII represe']ulio': of the Applicant, either within the applicarion or srated at thehearing before the Board orciirntycommission".r, ,rrul be considered conditions ofapproval unless orherwise modified by the eo;J. ", . 2' The ApplicTt 'ltl-?btain the appropriate ISDS permir as part of the building permitprocess for the ADU' This system.hal .o-pry il the regurations and shndards required by the cororado Department of pubric Health and Environment. A set of building plans, signed by a licensed architect or engineer shall be submitted tothe Building Departmenr and aiproved prior to upp.oruiii the Special Use permit.The appropriare fees for an urt".it" r*iuuitoing p"r-i, *,r be paid. only leasehord interests in the Accessory Dwelring units is allowed. J. 4. H