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Home My WebLink About2.0 BOCC Staff Report 02.03.2003Exhibits for Seaton SUP Public Hearing held on February 3, 2003 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum BOCC 02/03/03 FAJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit request for an Accessory Dwelling Unit (ADU) APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: Don Seaton (owner), represented by John Groth The "Red Barn" at 4151 County Road 117 (Four Mile Road) 13.217 acres CR 117 Well Permit #173988 with a West Divide Water Conservancy Augmentation contract #FM030123DNS(a) ISDS Permit #3741 A/R/RD I. DESCRIPTION OF THE PROPOSAL The Applicant recently constructed the subject structure which looks very much like a barn and is quite visible as you drive up Four Mile Road on the right-hand side of the road. The structure received a building permit (#8391) from the Garfield County Building and Planning Department on 6/4/02. The Applicant requests approval for a Special Use Permit from the Board of County Commissioners to convert the second floor of the space into a 600 sq. ft. Accessory Dwelling Unit (ADU). The subject lot (containi wastewater is handled via an existing Slope unit is provided by a permitted and augmented well (#173988). ) also contains the primary unit. The structure's itted by Garfield County. Domestic water for the 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 of the 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 1 fact that the structure is already in place on the property. B. Zoning Resolution: An ADU is a special use in the A/R/RD 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 / standards are listed below in bold italics followed by a Staff response: General Special Use Permit Requirements (Section 5.03) 1) 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 The unit has been constructed pursuant to a building permit approved and provided by Garfield County (#8391 issues on 6/4/02). Water to the unit is provided by a valid well permit with an approved augmentation contract from West Divide Water Conservancy District (contract #FM030123DNS(a)). Sewer is provided by an ISDS already permitted by Garfield County. Staff finds this requirement is met. 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 proposed access is an existing driveway off of Four Mile Road (CR 117) which also serves the main house. Based on this information, the proposed access appears to be both legally and physically adequate. Staff finds this requirement is met. 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; Staff Finding The ADU is to be located above the existing garage and will not impact adjacent uses. Staff finds this requirement is met. 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 13.217 acres which exceeds the minimum acreage required and virtually all of the property contains slopes less than 40%. This standard is met. 2 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft Staff Finding The ADU will contain a total of 600 square feet which does not exceed the maximum allowed. A floor plan is included in the application. This standard is met. 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 Applicant provided a valid well permit (#173988) which serves the main house. The well permit has been augmented by an additional 1 -acre feet of water from West Divide Water Conservancy District to serve the ADU (contract #FM030123DNS(a)). The application materials contain both the approved well permit as well as the approved augmentation water from West Divide. 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 applicant received a permit (#3741) for the Individual Sewage Disposal System (ISDS) from Garfield County which is adequate to serve the ADU. This standard is met. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The unit will allow leasehold interests in the unit only. This standard is met. 7) That all construction complies with the appropriate County building code requirements. Staff Finding The construction specifications for the structure were reviewed by the Garfield County Building and Planning Department who issued a building permit for the construction (permit # 8391 issues on 6/4/02). In addition, any future construction modifications to the unit shall comply with the current Universal Building Code (UBC) or other appropriate construction code adopted by the county. This standard is met. 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: 1. 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. The Applicant shall be required to amend the current building permit (for the garage) to include plans for the 600 sq. ft. ADU per the Universal Building Code and any other Garfield County Building Department regulations to be approved by the Garfield County Building Official. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 4151 County Road 117." 4