HomeMy WebLinkAbout2.0 BOCC Staff Report 01.15.2007Exhibits (1/15/07)
Exhibit
Letter
(A to Z)
Exhibit
A
Proof of Mail Receipts
B
Proof of Publication
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Garfield County Zoning Regulations of 1978, as amended (the Zoning Code)
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Staff Memorandum
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Application
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BOCC 1/15/2007 DP
SHERICK ADU
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Special Use Permit for an Accessory Dwelling
Unit (ADU)
APPLICANT / OWNER George and Jeri Sherick
LOCATION 0150 County Road 126
SITE DATA 10.5 Acres
ACCESS County Road 126
WATER Well, (Permit #121860) (Allotment Contract #
FM060720GJS9(a))
SEWER ISDS (Individual Septic Disposal System)
EXISTING ZONING Agricultural/Residential/Rural Density (ARRD)
1. DESCRIPTION OF THE PROPOSAL:
The applicant requests the Board of County Commissioners grant a Special Use Permit
(SUP) for an Accessory Dwelling Unit (ADU) located at 0150 County Road 126. The
proposed ADU is within a separate building consisting of an office, bedroom and
garage. The existing drive will be used as access to the proposed ADU. The ADU is
represented as being 1,020 square feet.
2. BACKGROUND:
On July 12, 2005, the Garfield County Compliance Office notified George and Jeri
Sherick that the Building and Planning Office has `received information through
available real estate listings that building and zoning violations may exist on your
property at 0150 County Road 126. The information indicates that buildings have been
constructed that include a garage and an accessory dwelling unit, as well as an
additional detached garage. Our records do not indicate that any building permits or
special use permits have been issued for these buildings."
To this end, this Special Use Permit is intended to legalize an accessory dwelling unit
which as been constructed without proper permits.
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Referrals:
City of Glenwood Springs:
Glenwood Springs and Rural Fire:
Garfield County Road and Bridge:
No Response.
No Response.
No Response.
rpre
Sherick SUP -Accessory Dwelling Unit
0 185 370 740 Feet
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S
3. APPLICABLE REGULATIONS
A. Special Use Permits are subject to the standards set forth in §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 if found necessary.
B. Zoning Resolution: An ADU is a special use in the ARRD district pursuant to §3.02.03
of the Zoning Resolution of 1978, as amended. The application must address the
general SUP review requirements in Section §5.03 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.
Sherick SUP - Accessory Dwelling Unit
0 105 210 420 Feet
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General Special Use Permit Requirements (§ 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 obtained an amended Well Permit (# 121860) to expand the legal right
of the well from one dwelling unit to two dwelling units. In addition, the Applicant has
obtained a West Divide Water Conservancy District Water Allotment Contract (#
FM060720GJS(a)) for one acre feet of water per year. The application does not speak to
quantity of water available, however. Staff recommends that prior to issuance of this
Special Use Permit, a (4) hour pump test shall be conducted showing the ability to meet
all existing and proposed uses as set forth in this application. In addition, staff
recommends that prior to issuance of this Special Use Permit, the water quality be tested
by an independent testing laboratory to ensure the water meets State guidelines
concerning bacteria and nitrates.
The application includes an ISDS permit (# 1349) indicating that a 1000 gallon capacity
septic system was installed and permit issued in 1983. Staff suggests that, prior to the
issuance of a Special Use Permit, the Applicant have a third party Colorado Certified
Engineer certify that the current ISDS system is capable of handling the additional load of
the new ADU.
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 an existing driveway. This driveway is
accessed directly from County Road 126. If the ADU is approved, the Applicant shall
obtain all applicable access and grading permits from Garfield County prior to issuance of
a building permit.
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 Comment
The proposed ADU is in character to the surrounding properties and should not adversely
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impact surrounding owners. If 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.
Specific Special Use Permit Standards for ADU (S 5.03.211
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 Comment
The property contains 10.5 acres, which exceeds the minimum required for an ADU. The
Applicant has represented that the constructed ADU is on a portion of the property that
has no slopes exceeding 40%.
2) The gross floor area for residential use occupancy shall not exceed 1500
sq. ft
Staff Comment
The applicant has not submitted any formal building plans for the proposed ADU. The
applicant is representing the built ADU as 1,020 Square Feet. Compliance to this
requirement will be reviewed at the building permit stage.
3) Approval from the subdivision homeowners association and/or allowed
by covenant if applicable.
Staff Comment
This property is not in a platted subdivision and is not subject to any known protective
covenants.
4) Proof of legally adequate source of water for an additional dwelling unit.
Staff Comment
Please see previous comments concerning water.
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 Comment
The applicant is proposing to use an existing ISDS for the ADU. As stated previously,
staff suggests that the Applicant provide a letter from a Certified Colorado Engineer
indicating that the existing ISDS system is adequate to handle the additional capacity of
the ADU. This letter shall be provided prior to the issuance of the Special Use Permit.
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6) Only leasehold interests in the dwelling units are allowed.
Staff Comment
The Applicant understands that only leasehold interests are allowed in the unit.
7) That all construction complies with the appropriate County building code
requirements.
Staff Comment
The Applicant shall obtain all necessary Building Permits for the already constructed
building.
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 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, 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.
5. RECOMMENDATION
Staff recommends APPROVAL, 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 otherwise 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.
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3. The Applicant shall obtain a letter stamped by a Certified Colorado Engineer stating
that the existing ISDS system is capable of processing the added demand from the
ADU. The letter shall also verify that the existing ISDS is in compliance with the
regulations and standards required by the Colorado Department of Public Health and
Environment.
4. The applicant shall obtain any applicable Garfield County access and grading permits
5. The Applicant shall meet all obtain all necessary Building Permits prior to the issuance
of a Special Use Permit.
6. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square
feet.
7. The accessory dwelling unit shall not be conveyed as a separate interest but may
be leased.
8. Prior to issuance of this Special Use Permit, a (4) hour pump test shall be
conducted showing the ability to meet all existing and proposed uses as set forth in
this application.
9. Prior to issuance of this Special Use Permit, the water quality shall be tested by an
independent testing laboratory and meet State guidelines concerning bacteria and
nitrates.
6. RECOMMENDED MOTION
"I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a
property located at 0150 County Road 126, with the conditions proposed by Staff."
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EXHIBIT
January 9, 2007
To: David Pesnichak, Garfield County Planner
From: Ron Biggers, Fire Marshal, Glenwood Springs Fire Department
RE: Comments Sherick, George& Jeri, Location 0150 CR 126, glwd Spgs. CO 81601
Most of the lots and homes on Black Diamond Road are surrounded by scrub oak which
puts them in a high rated wildfire potential area in our fire district. The Black Diamond
Sub -division also does not have an established water distribution system with fire
hydrants.
With this application appearing to be a build and ask for permits and forgiveness after the
fact situation we request the following be a condition of the permit approval process:
• That the structures be evaluated and rated for there exposure to being destroyed
by a wildfire and or a structure fire on the property spreading and starting a
wildland fire. The vegetation along the driveway will also be evaluated at this
time.
• If either one or both of these conditions exist the applicants will needed to
develop a plan to mitigate these conditions and present it to the Glenwood
Springs Fire department for review and approval.
• Carry out the plan and have the final produce signed off by Glenwood Springs
Fire Department before the requested permit is issued.
(Note): If the above hazards are created by the closeness of hazard fuels to the structures
and driveway, the easiest method to lessen them is to mitigate the fuels by thinning,
pruning them and treating the stumps to retard the re -growth of the removed vegetation.
If you or the applicants have any questions on these comments please contact me at 384-
6433 or stop by my office at Fire Station 2, 806 Cooper Street, Glenwood Springs, CO.
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