HomeMy WebLinkAbout2.0 BOCC Staff Report 12.17.2007BOCC Exhibits (l2l ll /2007)
Exhibit
A Proof of Mail Receipts
B Proof of Publication
C Garfield county Zoning Regulations of 1978, as amended (the Zoning code)
D Garfieid County Comprehensive Plan of 2000
TE Staff Memorandum
rB Application
r h.-Letter from Ron Biggers, Deputy Fire Marshal for the Glenwood Springs Fire
Department dated 12-6-2007
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Exhibit
Letter
(A to Z)
BOCC 1A17n007 DP
CHARLOTTE B. ZILM - ADU
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLIGANT/PROPERTY OWNER:
REPRESENTATIVE:
LOCATION:
SITE INFORMATION:
ACCESS:
WATER
SEWER
COMPREHENSIVE PLAN
EXISTING ZONING
Special Use Permit for an Accessory Dwelling
Unit (ADU)
Charlotte B. Zilm
Compass Mountain Land Use- Eric McCafferty
13 Laird Lane, Glenwood Springs - Adjacent to
Eastern Boundary of Sunlight View ll PUD
13.78 acres
Laird Lane - Sunlight View ll PUD
Sunlight View ll PUD - Central System
Sunlight View ll PUD - Central System
High Density Residential- Less than 2 acres per
dwelling unit
ARRD
1. DESCRIPTION OF THE PROPOSAL:
Tle Applicant requests the Board of County Commissioners grant a Special Use permit
(SUP) for an Accessory Dwelling Unit (ADU) located on a 13.78 Acre parcel, described as 13
Laird Lane and located south of the City of Glenwood Springs. The proposed ADU is to be
located above an existing garage which currently exists on the property. The driveway is
currently off Laird Lane which is located within Sunlight View ll PUD and will be used as
access to the proposed ADU. Staff understands that the Applicant wishes to permit this unit
above the existing garage as an ADU in order to obtain a Building Permit for a new primary
dwelling unit on the propefty.
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Charlotte Zilm
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Driveway accessing subject property from
Laird Lane, within Sunlight View tr PUD.
The development on the subject property is
circled on the photo to the left. As can be
seen, the surrounding development is
residential, while the hill behind the subject
property is BLM.
The curent development on the subject
property consists of one garage.
The subject property extends behind the
Sunlight View tr Open Space Parcel A.
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Above: This portion of the Assessor's Map shows the Subject Property in relation to the BLM
property to the east and Sunlight View tr PUD to the west. ln addition, the access to the property
from Laird Lane is identifiable.
Ziln
A€rial Photo
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2. Referrals:
Garfield Countv Road and Bridoe Department:
Citv of Glenwood Sprinqs:
Glenwood Sprinqs and Rural Fire:
No Comments Received
No Comments Received
See Exhibit F, Below
I amfamiliar with the property. The Zilm's have recently completed some wildfire
hazard fuel mitigation around the structure and the near by hillside, so they will
not need to do anymore fuel mitigation at this time. For the ADLI the access is
adequate for emergency vehicles, however if another residence is built on this
property in the future the access will need to be revaluated when a permit is
appliedfor to build it.
The address for the ADU shall be posted in a vi,sible location at the entrance of
the driveway to the building. The numbers and or letters on the address signage
shall be of reflective material and be a minimum of 2 1/z inches tall, 3/8 inch stroke
on a contrasting back ground.
It should be noted that if an additional private residence is built on the property, if
it is 5,000 square feet or larger, including the garage, it will be required to have
an automatic fire suppression system installed in it.
3. APPLICABLE REGULATIONS
A. Special Use Permits are subject to the standards set fofth in $5.03 of the Zoning
Resolution. This section states that utilities adequate to provide water and sanitation
seruice, street improvements, and design of the proposed use to minimize impact
through various means shall be provided if found necessary.
B. Comprehensive Plan: The Comprehensive Plan of 2000-identifies this lot as being
designated High Density Residential with a derrsity of less lhan 2 acres/dwelling unit.
As the subject property is 13.78 acres with no homes currently constructed on the
propeny, this request is not in conflict with the Comprehensive Plan.
ln addition, the Comprehensive Plan does not designate any significant poftion of this
property as being inflicted by hazards or other constraints.
C. Zonino Resolution: An ADU is a special use in the ARRD district pursuant to g 3.02 of
the Zoning Resolution of 1978, as amended. The application must address the general
SUP review requirements in Section 55.03 as well as the specific standards that apply
to ADUs contained in $5.03.21. These standards are listed below in bold italics
followed by a Staff comments.
General Special Use Permit Reguirements (S 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 Comment
The Applicant has provided a Can and Will Serve letter from Sunlight View Water and
Wastewater Co. to supply to proposed ADU with both potable water and sewer service.
This standard 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 Comment
Main access to the proposed ADU will be from a driveway which is to serve both the ADU
and existing garage. This driveway has access to Four Mile Road via Laird Lane within
the Sunlight View ll PUD. This standard is met.
3) Design of the proposed use is organized to minimize impact on and from
adiacent 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 Comment
The proposed ADU is in characterto the surrounding properties and should not adversely
impact surrounding owners. lf approved, the Applicants shall use minimal lighting that is
shielded to prevent light trespass on other properties and is inward and downward facing
towards the structure. This standard is met.
Specific Special Use Permit Standards for ADU (S 5.03.21)
1) The minimum lot size shall be four (4) acres containing a building site
with slopes /ess than 407o at least two (2) acres in size.
Staff Comment
The propefty contains 13.78 acres, which exceeds the minimum required for an ADU (4
acres) within the Zoning Resolution. The proposed ADU will be on a portion of the
property that has no slopes exceeding 40%. This standard is met.
2) The gross floor area for residential use occupancy shall not exceed 15OO
sq.ft.
Staff Comment
The Applicant has represented that the ADU will be 844 square feet and will be located
above the existing garage. ln addition, the Applicant understands that the ADU cannot
exceed 1500 square feet. This standard is met.
3) Approval from the subdivision homeowners association and/or allowed
by covenant if applicable.
Staff Comment
This property is not within a subdivision. As a result, this standard does not apply.
4) Proof of a legally adequate source of water for an additional dwelling unit.
Staff Comment
The Applicant has supplied a Can and Will Serve letter from Sunlight View Water and
Wastewater Co. to supply the proposed ADU with water. 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 faci I ity.
Staff Comment
The Applicant has supplied a Can and Will Serve letter from Sunlight View Water and
Wastewater Co. to supply the proposed ADU with sewer service. This standard is met.
6) Only leasehold interests in the dwelling units are allowed.
Staff Comment
The Applicant understands that only leasehold interests are allowed in the unit. This
standard is met.
7) That allconstruction complies with the appropriate County building code
requirements.
Staff Comment
The Applicant is required to obtain all necessary building permits from the Garfield County
Building Department for the new Accessory Dwelling Unit. ln addition, this Accessory
Dwelling Unit will be required to meet all applicable federal, state and local regulations.
This standard is met.
4. SUGGESTED FINDINGS
1. That proper public notice was provided as required 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 perlinent facts, matters and issues were submitted and that all
interested pafties 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, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application is in conformance with the Gafield County Zoning Resolution of
1978, as amended.
5. That the application is in conformance with the Garfield County Comprehensive Plan
of 2000.
5. RECOMMENDATION
Staff recommends APPROVAL of this application with the following conditions:
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 unless othenruise modified by the Board.
2. All lighting associated with the ADU shall be the minimum amount necessary. All
exterior lighting shall be shielded to prevent light trespass on any adjoining property
and be downward facing towards the structure.
3. The Applicant shall obtain any applicable Garfield County building permits, grading
permits and access permits.
4. The Applicant shall meet all requirements of the GarJield County Zoning Resolution of
1978, as amended, and shall meet all building code requirements.
5. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet.
6. The accessory dwelling unit shall not be conveyed as a separate interest but may be
/ leased.
, /G)tnat the zonedistrict amendment changing the zoning forthe aforementioned parcel- \--" from Open Space (OS)to Agricultural/Residenl,iallRural Density (ARRD) be approved
prior to issuance of the Special Use Permit.
The address for the ADU shall be posted in a visible location at the entrance of the
driveway to the building. The numbers and or letters on the address signage shall
be of reflective material and be a minimum of 2Yz inches tall, 3/8 inch stroke on a
contrasting back ground.
6. RECOMMENDED MOTION
"l move to approve the Special Use Permit request for an Accessory Dwelling Unit for a
property described as parcel number 2395-0340-0051 and owned by Charlotte B. Zilm
located south of the City of Glenwood Springs."
December 6,200'7
To: David Pesnichak, Garfield County Planner
From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department
Re: Comments on Charlotte Zllm's application,location section3, township 7s, range
89w: next to Sunlight View II PUD, ADU on parcel #2395-034-00-051
I am familiar with the property. The Zelm's have recently completed some wildfire
hazard fuel mitigation around the structure and the near by hillside, so they will not need
to do anymore fuel mitigation at this time. For the ADU the access is adequate for
emergency vehicles, however if another residence is built on this property in the future
the access will need to be revaluated when a permit is applied for to build it.
The address for the ADU shall be posted in a visible location at the entrance of the
driveway to the building. The numbers and or letters on the address signage shall be of
reflective material and be a minimum of 2 lz inches tall,3/8 inch stroke on a contrasting
back ground.
It should be noted that if an additional private residence is built on the property, if it is
5,000 square feet or larger, including the garage, it will be required to have an automatic
fire suppression system installed in it.