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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.13.2003O Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: {.{l,u,Lhl4'" EXHIBITS Board of County Commissioners - October 13, 2003 Proof of Certified Mailing Receipts Proof of Publication Garfield County Zoning Regulations of 197g, as amended Garfield County Comprehensive plan of 2000, as amended Staff Report dated October 13, 2003 Application Materials Well permit No. 61052 t*6t,rvr ht'rttz ". fi*t\ciaks ddkd chcber-i3,zbg BOARD: l0ll3l03 TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT(S): LOCATION: EXISTING ZONING: ADJACENT ZONING: ACCESS: Special Use Permit for an Accessory Dwelling Unit ("ADU") The Applicant requests approval for the conversion of an existing unit above a detached garage to an ADU on the subject property. Michael Mayer and Hildur Troyer The subject property is addressed as 4341 County Road 117, Glenwood Springs. A/R/RD (Agricultural / Residential / Rural Density) A/R/RD County Road 117 A' Development Proposal: The Applicant requests approval to convert an existing dwelling unit above a detached garage to an Accessory Dwelling Unit in order to construct on an addition, aliving room, to the existing unit. The existing unit is approximately 320 square feet and theproposed addition is approximately 400 square I. DESCRIPTION OF THE PROPOSAL: feet. The Applicant has applied for a building permit for the addition to the unit above the detached garage. It was determined that the unit was not legal and that a Special Use permit needed to be pursued for an Accessory Dwelling Unit prior to issuance of a building permit for the addition. B. Site and Project Description: The subject property contains approximately 5.63 acres. The property is located approximately 4 miles south Mayer / Troyer Special (Jse Permit BOCC - 10/13/03 Page 2 from the Sunlight Bridge along CR 117 towards the Sunlight ski area. The subject property is improved with the existing residence and the detached garage/ unit. The area of develipment, which includes the area of the single family residence and detached garage, is fairly flat. The property steeply slopes westward towards a ridge. Four mile creek traverses the property along the east of the property. The property is vegetated with oak brush, cottonwoods and various other tree species. C. Zoning: The subject property is zoned A/R/RD (Agricultural / Residential / Rural Density). The zoning adjacent to the subject property is also A/R/RD. The A/R/RD zone district allows for a minimum lot area of 2 acres. Accessory Dwelling Units are uses identified as Special Uses in the A/ R / RD zone district and require a public hearing process. D. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 1" map in the Garfieli County Coiprehensive plan of 2000, as "Residential Low Density (10 plus acres per dwelling unit)". The subject property is located not located within the 2-Mile Sphere of Influence for ihe City of Gle.r*ood Springs. E' Road/Access: There is an existing shared gravel driveway off County Road 1 17. The driveway is shared with the property to the north. F. Applicability: Pursuant to Section 9.03 of the ZoningResolution, an application for a Special Use Permit ("SUP") shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: The application was not referred to any referral agencies for comments. III. REVIEW CRITERIA FOR SPECIAL USE PERMIT Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only: Based on compliance with all requirements listed herein, and;1' Approval by the County Commissioner, which Board may impose additional restrictions on the lot area,floor area, coverage, setback and height ofproposed uses or required additional offstreet parking, screening'fences and landscaping, or any other reitriction or provision it deems necessary to protect the health, safety and welfure of the population and uses of the neighborhood or zone district as a condition of granting the special use. Response: Staff sees no reason for the BOCC to require any special restrictions. Mayer / Troyer Special Use Permit BOCC - r0/13/03 Page 3 A.SrcrroN 5:03 Pursuant to Section 5.03, special uses shall conform to all requirements listed thereunder and elsewhere in the zoningResolution, plus the following standards: l. 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 placi or shali be constructed in conjunction with the proposed use. Response: Water supply to the existing single family residence and the proposed accessory dwelling unit will be from an existing well. A well permit, No. 9502,*u. rrb*itted with the application under the name of the previous property owner for the existing single family dwelling. The conditions of the permit read as follows: "household use only, for one (l) singlefamily dwelling and not to be usedfor irrigation. The returnflowfrom the use of this well must be returned to the sqme streom system in which the well is located. " The Applicant applied to West Divide Water Conservancy District for one acre feet of water for the addition of the Accessory Dwelling Unit. A Water Allotment Contract was granted, Contract No. FM030724MT(a). Item 15 states that "Applicant shall restrict actual diversion to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposed inside one single fomily dwelling, the watering of domestic livestock, fireprotection, and the irrigation of lawn and garden as specified in the Applicant.,' The Applicant did provide a new Well Permit, No. 60752, (see Exhibit G) which indicates that "the use of ground waterfrom the well is limited to ordinary household purposes inside one (l) single family dwelling and one (l) accessory dwelling unit, and the irrigation of not more than 5,000 square feet (0.1 2 of an acre) of home gardens ond lawns. All use of this well will be curtailed unless the water allotment contract or a planfor augmentation is in effect. This well is pnown as Mayer-Troyer Well. " The existing single family residence and the existing unit are supported by an existing Individual Sewage Disposal System (lsDS) that has a 1750 gallon tank capacity. 2. Street improvements adequate 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. Response: Access to the property is via a shared driveway off of County Road I 17. This driveway is chip and sealed. No improvements to the driveway are anticipated. Mayer / Troyer Special Use Permit BOCC - I0/13/03 Page 4 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screenfences 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. Response: The Applicant indicated that due to the existing vegetation on the property, only the roofline of the detached garage / proposed ADU is visible from adjacent properties to the north. The addition to the proposed ADU will not increase the visibility of the structure. The addition to the proposed ADU is located behind the garage, west of the structure against the slope as seen in the photograph to the right. IV. CRITERIA FOR ACCESSORY DWELLTNG UNIT (SECTTON s.03.21) Pursuant to section 5.03.21of the ZoningRegulations, use of a structure as an accessory dwelling unit approved by Special Use shall meet the following standards, as well as all other standards applicable to residential use: 1. The minimum lot size shall be four (4) acres containing a building site with slopes less than 4096 at least two (2) acres in size. Response: The subject property contains approximately 5.63 acres. The existing improvements avoid slopes in excess of 40o/o. 2. The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Response: The proposed ADU will be approximately 720 sq. ft. in size after the addition is constructed. The existing unit is approximately 320 square feet and the proposed addition is approximately 400 square feet. The proposed ADU will not exceed the maximum floor area allowed. 3. Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Response: The property is not located within a subdivision. No covenants are applicable to this property. Mayer / Troyer Special (Jse Permit BOCC - t0/13/03 Page 5 4. Proof of a legally adequate source of waterfor an additional dwelling unit. Response: Discussion regarding the proposed water supply has been addressed previously in this memorandum. 5. Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatmentfocility. Response: Discussion regarding the proposed ISDS supply has been addressed previously in this memorandum. 6. only leasehold interests in the dwelling units are allowed. Response: The Applicant will comply with this requirement. The ADU will not have a separate ownership interest. 7' That all construction complies with the appropriate County building code requirements. Response: The Applicant noted that the detached garage and unit were built in 1984, however, nobuilding permits were obtained or issued by the County. The Applicant is working with the Building Department to determine if the existing dwelling meetings the UBC (Uniform Building Code). At the time of the site visit, the Applicant indicated that a certified structural engineer licensed in the State of Colorado has been retained to examine the structure for UBC compliance. V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Special Use (Sections 5:03 and 9:03) in the Garfield County ZoningResolution of 197g. Mayer / Troyer Special Use Permit BOCC - 10/13/03 Page 6 5. That the applicant has met the requirements of an Accessory Dwelling Unit (Section 5.03.21) in the Garfield County ZoningResolution of 197g. VI. RECOMMENDATION: Staff recommends that the Board APPROVE the Mayer lTroyer Special Use permit for an Accessory Dwelling Unit, subject to the following conditions: 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. Only leasehold interests in the ADU shall be allowed. The unit may not be sold separately. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide a copy of a report conducted by a certified structural engineer licensed in the State of Colorado that the existing unit, the proposed ADU, meets UBC (uniform Building code) standards. 1. 2. J. Form No. GWS-25 35"i3E"Bt'Sitl6iliFWilEElESouRc;818 Centennial Bldg., 1313 Sherman St., Denver, CotoiaOo Ob2Og (303) 866-3581 o APPLICANT MICHAEL A MAYER & HILDUR Y TROYER 4341 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601- (970) 928-0096 APPROVED WELL LOCATION GARFIELD COUNTYSW 114 SW 114 Section 3 Township 7 S Range 89 W Sixth p.M. DISTANCES FROM SECTION LINES 620 Ft. from South Section Line 800 Ft. from West Section Line UTM COORDINATES Northing: Easting: WELL PERMIT NUMBER 60152 .F ION OF TING ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure theapplicant that no injury will occur to another vested water right or preclude another owner of a vested water right fiom seeking relief in a civilcourt action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance hasbeen granted by the State Board of Examiners of Water Well Construction and Pump lnstallation Contractors in accordance with Rule .lg. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well, on the condition that the well shall be operated in accordance withthe West Divide Water Conservancy Districl's Fourmile Creek substitute water supply plan, approved by the State Engineer January 16, 2003.This well shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan of augmentation approved by the water court. The subject water supply plan is currently valid through January 16,2004, and if not extended or ifa court approved plan for augmentation is not in operation, this well permit is null and void and diversions of ground water from this well must cease immediately. WDWCD contract #FM030724MT(a). 4) Approved for the use of an existing well constructed July 15, 1981 , to a depth of 135 feet, under permit no. 92052 (canceled). The issuance of this permit hereby cancels permit no. g20S2. 5) Approved as a well on a residential site of 5.63 acre(s) described as that portion of the sw 1/4 of the sw 1/4, sec. 3, Twp. 7 South, Rng. 8gWest, 6th P.M', Garfield County, more particularly described on the attached exhibit A. Further identified as 4341 County Road 1 17, GlenwoodSprings, CO 81601. 6) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and one (.1 ) accessory dwellino. unif. and the irrigation of not more than 5,000 square feet (0.12 of an acre; of nih6!5ffind lawns. All use of this weil will becurtailed unlesq the water allotment contract or a plan for augmentation is in effect. This well is known as Mayer-Troyer Well.7) The maximum pumping rate of this well shall not exceed 1S GpM. B) The average annual amount of ground water to be appropriated shall not exceed 1.01 acre-foot (329,109 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) asappropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 1 1) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must bemaintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.NOTE: Parcel ldentification Number(plN):23-2395-033-00-033 NOTE: AssessorTax Schedule Number: R0SOO73 .*^- 72' o ? 4 s4.oo: /..* A. 2-ZL/D/-<-/ EXPIRATION DATE 09-03-2004 FAX NO. :Oct. 13 2BA3 12:27F11 P1 U 5012 County Road I54 Glenwood Springr, CO 81601 rAX MEMORAN]DUM Date: October 13,2003 To: Grr{ield County Bulldins & Zoning Departrnent Phone (970)94s6305 Fax (e70) 94s 1093 Fax No,: 384-3470 Attn: Tamra Prdgt Re: Existing GarogdAparirnent,4S4, county Road i i 7, Garfield county, colorado Brian Kurtz,P.E., ofKurtz & Associat€s, Ino., perfurmed a $ructural in*pection of the existing two story framed st ucture on septanher 03, 2003. Tho framing and foundation syst€fi aro in good corrdition. It ie the profertional opinion ofKurtz & Associatos, Inc. that the existing roof end floor franting systoms, and the oxisting foundation system and structuralty adequate to safoly support the following design loads: l, Roof snoryv load ,...,.... ...,..40 PSF. 2, Residential floor load .....,.40 PSF. 3. Seismio Zone l, 4. Wind 80 MPH, Exposure B, Irt conclusion, it is the professional opinion cf Kurtz & Associates, Ing. that the existing structure hes been oon$tructed in nccordance with the 1997 Uniform Buildins Code to eafely support the noted design loade- FRDI,1 :