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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.15.2004• • Exhibits: Sundog Enterprises LLC, Bruce and Jan Shugart SUP for an Accessory Dwelling Unit Public Hearing, November 15, 2004 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended ~-.D. -- - - :. • _' Plan of 2 10 E Application F Staff Memorandum G Review Memo: Garfield County Road and Bridge H Letter: HOA consent 3 11 • BOCC 11/15/04 - JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit - Accessory Dwelling Unit (ADU) OWNER & APPLICANT: Sundog Enterprises LLC, Bruce and Jan Shugart LOCATION: 0840 Faranhyll Ranch Road, in Sections 9, 10, 15 and 16 of Township 7 South, Range 89 West of the 6th Principle Meridian, AKA Parcel #6 of Faranhyll Ranch, and as Parcel #239510300135 SITE DATA: 35.001 acres WATER: Well (CDWR Permit #228070) SEWER: ISDS EXISTING ZONING: A/R/RD Agricultural/Residential/Rural Density • ADJACENT ZONING: A/R/RD Agricultural/Residential/Rural Density I. PROPERTY LOCATION AND PROPOSAL DESCRIPTION The proposed Special Use Permit (SUP) is for the construction and use of an Accessory Dwelling Unit (ADU) of approximately 1,347.0 sq ft. The property is owned by Sundog View: looking east at the ADU on the second floor and garage on the first floor. • Enterprises LLC, Bruce and Jan Shugart, on a parcel 35.001 acres and located at 0840 Faranhyll Ranch Road in the A/R/RD zone district and in Study Area I of the Comprehensive Plan of 2000. The 2nd floor of the barn is 1,632.0 sq. ft. in size, of which 1,347.0 sq ft. is attributed to the ADU, the remaining 285 sq ft. is to be used for dry storage. The garage is not included within this ADU request and no part shall be occupied as part of the proposed ADU. The storage room will not have a closet, which is a characteristic of a typical bedroom. The proposed ADU use will also include one (1) bedroom, two (2) bathrooms, one (1) dining room, one (1) living room, one (1) kitchen and one (1) outside patio. II. REVIEWING AGENCIES AND DEPARTMENTS The application was referred to the following agencies for comments. 1. City of Glenwood Springs 2. Glenwood Springs Rural Fire 3. Garfield County Road and Bridge Department No Comment or Concern No Comment Exhibit G III. APPLICABLE REGULATIONS • A. Zoning Resolution: An ADU is a special use in the Agricultural/Residential/Rural Density (A/R/RD) zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. • 3.02.05 Maximum Lot Coverage: Fifteen percent (15%). 3.02.06 Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. 3.02.07 Maximum Height of Buildings: Twenty-five (25) feet. 3.02.08 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). Staff Comment: The Applicant has indicated in the supporting application materials that the proposed use will observe all zone district restrictions. 2 Sundog SUP-ADU November. 15, 2004 • • • The application must also 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 and standards are listed below in bold italics followed by a Staff response: B. General Special Use Permit Requirements (Section 5.03) _mak° 1) Utilities adequate to provwater and sanitation service based on accepted engineering standards a pproved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Our Staff Comment: The proposed ADU will be served by well water which serve the primary dwelling unit (CDWR Permit #228070), issued October 3, 2000 and which is permitted to serve three (3) single family dwelling units. Also, the Applicant has indicated, as noted in a report generated by Church & Associated, Inc. that an Individual Sewage Disposal System (ISDS) has been sized to augment the existing system to include service to the proposed ADU. They describe the area be used as the drain field for the proposed ISDS as having a slope of 15 -to -20% and moderately covered in native grasses and weeds. The well is 146 feet from the drain field and a stream exists to the southeast of the proposed field. The same report indicates the ADU will have a total of two (2) bedrooms served by ISDS systems, while the applicant has only indicated one (1) bedroom will be built as shown on the supplied building layout drawing. The Applicant shall be aware the dry storage room as shown on the building layout is not allowed to be used as a second bedroom within the ADU as this would exceed the allowed 1,500 sq. ft. size. The allowed size of the ADU as propose by the Applicant for the SUP is 1,347.0 sq ft. with only one bedroom. Additionally, the Applicant shall apply for a septic permit and receive a final inspection prior to issuance of the Special Use Permit. The septic system(s) shall be built to Garfield County required standards of performance for the total number of bedrooms within the existing dwelling unit and the proposed dwelling unit. 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; 3 Sundog SUP-ADU November. 15, 2004 • • Staff Comment: The Applicant has indicated in the application materials submitted that no new modifications to the existing ingress and egress is necessary and that all new traffic generated will not adversely impact the existing street system. Staff has identified the proposed use will generate 9.57 Average Daily Trips (ADT) which is the amount attributed to the average single family dwelling unit. Further, the Garfield County Road and Bridge Department has indicated the proposed ADU does not appear to have a negative impact on the county road system and notes that Faranhyll Ranch Rd. is not within the system of maintained county roads. 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 applicant has indicated the proposed ADU is approximately 150 feet from the principle dwelling unit and the proposed ADU does not impact the Agricultural/Residential/Rural Density character of the surrounding area because of the size of the property, moderate distance from other neighboring dwelling units, and the close proximity to the primary dwelling unit. C. Specific Special Use Permit Standards for ADU (Section 5.03.21) I) 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 Applicant has indicated that the property contains 35.001 acres with slopes varying between below 10% and 20%. 2) The gross floor area for residential use occupancy shall not exceed 1,500 sq. ft. Staff Comment: The ADU proposed by the Applicant is 1,347.0 sq ft. in size with one bedroom. The Applicant shall be aware that if the dry storage room proposed were converted into a bedroom, the size of the ADU would then be1,632.0 sq ft. and therefore recognized as an illegal, non -conforming use and in violation with the proposed SUP if approved. • 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. 4 Sundog SUP-ADU November. 15, 2004 • • • • Staff Comment: The Applicant has applied to the home owner's association architectural committee and has received an approval for the additional dwelling unit which has been provided to staff. The property is governed under Faranhyll Ranch Covenants which require the Applicant to gain written approval from the Architectural Committee "prior to any construction, installation or alteration of any improvement of property". 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment: as noted earlier, the proposed ADU will be served with water by a well which serves the existing home (CDWR Permit #228070), issued October 3, 2000 which is permitted to serve three (3) single family dwelling units. 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: As stated earlier, the Applicant shall apply for a septic permit and receive a final inspection prior to issuance of the Special Use Permit. The septic system(s) shall be built to Garfield County required standards of performance for the total number of bedrooms within the existing dwelling unit and the ADU. 6) Only leasehold interests in the dwelling units are allowed. Staff Comment: The Applicant shall consent to the unit being used for leasehold interests only. 7) That all construction complies with the appropriate County building code requirements. Staff Comment: The Applicant shall be aware that the ADU will require building permits from Garfield County. The barn with the included proposed ADU has been built under building permit # 8880 but has not been modified for an additional dwelling unit. The Applicant shall make this modification, consent to all inspections and ultimately receive a Certificate of Occupancy prior to issuance of the SUP. V. SUGGESTED FINDINGS • 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 5 Sundog SUP-ADU November. 15, 2004 • 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts (other than information on the ISDS), 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. VI. RECOVMNDATION 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. 2. The Applicant shall be aware that the ADU will require building permits from Garfield • County. 3w1 1 3. The proposed ADU will be no larger than 1,347.0 sq ft. in size and will include one (1) bedroom, two (2) bathrooms, one (1) dining room, one (1) living room, one (1) kitchen and one (1) outside patio. The dry storage room will not have a closet, and will not be converted to or used as a bedroom. The garage is not included within this ADU request and no part shall be occupied as part of the proposed ADU. 4. The Applicant shall apply for a septic permit and receive a final inspection from the Garfield County Building and Planning Department prior to issuance of the Special Use Permit. The septic system(s) shall be built to Garfield County required standards of performance for the total number of bedrooms within the ADU and dwelling unit, both of which are under construction at this time. T e ISDS shall also comply with the regulations and standards r- ' uired/1 y the olo ado De artm)t of Public I{e - th-.a d Environments/ rr ( k( 5 (� ation regarding the dwelling 5. The applicant musts • ••I updated building platfinfo unit and pay new assessed fees for the current building permit for the barn, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to any habitation. If the Applicant does not finish construction, the Building Permit is revoked, and the Applicant does not eventually receive a Certificate of Occupancy for the Primary Dwelling Unit, then this Special Use Permit shall became null and void. The Applicant shall also receive a 6 Sundog SUP-ADU November. 15, 2004 • • Certificate of Occupancy for the primary dwelling unit prior to habitation of the ADU. VIII. RECOMMENDED MOTION "I move to Approve the Special Use Permit request for an ADU for Sundog Enterprises LLC, Bruce and Jan Shugart for a property located at 0840 Faranhyll Ranch Road, with the conditions noted in this report" - Z/116 , 1( Lk 4—� 6 4 J FV{ /dJ1- (/4TC2_ (exit 7 Sundog SUP-ADU November. 15, 2004 Nov 08 04 04:44p • • District 1 111 Garfield County 970-94318 Road and Bridge, District 1 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph, 945-1318 fax Date: 11-08-04 To: Jim Hardcastle From: Bobby Branham Road and Bridge Dist. 1 Re: Construction of Accessory Dwelling Unit 0840 Faranhyll Ranch Rd. Glenwood Springs CO p.1 b D a EXHIBIT The construction of this ADU, does not appear to have any negative impact on the county road system. In addition Faranhyll Ranch Rd. is not within the system of maintained county roads. Bobby Branham Dist. 1 Road and Bridge • • R. Scott Fifer 0251 Black Diamond Mine Road Glenwood Springs CO 81601 (970) 945-8404 Jim Hardcastle Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 RE: Shugart Residence and Accessory Dwelling unit (ADU) Faranhyll Ranch Dear Mr. Hardcastle: EXHIBIT November 9, 2004 On behalf of the Faranhyll Ranch Homeowners Association, I am writing you to verify that the homeowners are aware of recent changes made to building plans submitted for the Shugart "Barn". Specifically, it is our understanding that the Barn will consist of an Accessory Dwelling Unit (ADU). We have no concerns with the proposed modifications. If you have any questions concerning this letter please do not hesitate to call. Sincerely, R. Scott Fifer President, Faranhyll Ranch Homeowners Association CC: Bruce and Jan Shugart Faranhyll Ranch Homeowners Association • • • • November 12, 2004 To: Jim Hardcastle, Garfield County Planner From: Ron Biggers, Glenwood Springs Fire Department EXHIBIT RE: Comments on Sundog Enterprises LLC, Special Use Permit, 0840 Faranhyll Ranch Rd. The location of this proposed structure is in an area of the Glenwood Springs Fire District that has a high wildland fire danger rating. The vegetation in this area is predominantly thick Oak Brush. The access to the building site of the structure is also poor for emergency vehicles and there is no established water supply for fire fighting. As part of the approval conditions on this project the fire department request the following conditions be met by the applicant: • Wiid%e- Hazard Fuels Mitigation Landscape Plan be designed and approved by Glenwood Springs Fire Department prior to the issuing of a building permit. That the fuels treatments in the plan are complete around the structure and approved by Glenwood Springs Fire Department, prior to a Certificate of Occupancy is issued for the building. The stumps of cut Oak Brush and Service Berry are to be treated, by an approved herbicide that will eliminate and or slow the re -growth of this vegetation. Mitigating the hazardous fuels will help the structure survive a wildland fire and help prevent a structure fire from starting a wildland fire. • " Access: The driveway to the structure from the fire department access road shall be a minimum of 12 feet wide and overhead clearance shall be a minimum distance of 13 feet 6 inch. The driveway to the structure from the fire department access road is approximately 300 feet and will require a emergency vehicle turn around a construct at or very near to the structure. • Stricture _ xterior: ecause of the high wildfire rating of this area we strongly recommend the architect design the building using fire wise design concepts and noncombustible exterior building materials. The structure should be designed to be a stand -a -lone structure should a wildland fire come into the area. Materials on fire wise construction and wildfire landscape mitigation plans are available from Glenwood Springs Fire Department. • If you have questions please contact me. 0EPAR t November 12, 2004 To: Jim Hardcastle, Garfield County Planner From: Ron Biggers, Glenwood Springs Fire Department RE: Comments on Sundog Enterprises LLC, Special Use Permit, 0840 Faranhyll Ranch Rd. The location of this proposed structure is in an area of the Glenwood Springs Fire District that has a high wildland fire danger rating. The vegetation in this area is predominantly thick Oak Brush. The access to the building site of the structure is also poor for emergency vehicles and there is no established water supply for fire fighting. As part of the approval conditions on this project the fire department request the following conditions be met by the applicant: • Wildfire Hazard Fuels Mitigation Landscape Plan be designed and approved by Glenwood Springs Fire Department prior to the issuing of a building permit. That the fuels treatments in the plan are complete around the structure and approved by Glenwood Springs Fire Department, prior to a Certificate of Occupancy is issued for the building. The stumps of cut Oak Brush and Service Berry are to be treated by an approved herbicide that will eliminate and or slow the re -growth of this vegetation. Mitigating the hazardous fuels will help the structure survive a wildland fire and help prevent a structure fire from starting a wildland fire. • Access: The driveway to the structure from the fire department access road shall be a minimum of 12 feet wide and overhead clearance shall be a minimum distance of 13 feet 6 inch. The driveway to the structure from the fire department access road is approximately 300 feet and will require a emergency vehicle turn around be construct at or very near to the structure. • Structure Exterior: Because of the high wildfire rating of this area we strongly recommend the architect design the building using fire wise design concepts and noncombustible exterior building materials. The structure should be designed to be a stand -a -lone structure should a wildland fire come into the area. Materials on fire wise construction and wildfire landscape mitigation plans are available from Glenwood Springs Fire Department. If you have questions please contact me. 101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506 • CHURCH & Associates, Inc. ENGINEERS & GEOLOGISTS December 10, 2004 Structural Associates Building Contractors Attn: Bruce Shugart 4185 County Road 154 Glenwood Springs, Colorado 81601 Subject: Installation Observation, Proposed Residence Lot 6, Farynhyll Ranch Garfield County, Colorado Job No. 16446 Mr. Shugart, 2004 As requested, we observed the installation of the onsite wastewater system for the subject site on November 13 and December 2, 2004. The system was designed under our Job No. 16446, dated June 25, 2004. The system includes the installation of a 2500 -gallon, two-compartment, concrete septic tank with an effluent filter on the outlet, and six gravelless chamber -trenches. Five trenches have one row of 11 BioDiffuser® chambers each and one row has eight BioDiffuser® chambers for a total of 63 chambers and 976.5 ft2 of infiltrative area. An as -built drawing will be provided upon receipt of GPS coordinates. The observed components of the OWS were installed in general conformance with our design. Final electrical connections must be made by a licensed electrician. Our installation observations do not imply a guarantee or warranty of materials or workmanship. If there are questions, please call. Sincerely, CHURCH & Associates, Inc. Eric R. Burns Field Technician EOC/erb Reviewed by Edward O. Church, 2 copies sent Faxed to 970-948-0482, Attn: Bruce Shugart Copy to Garfield County Building and Sanitation Department, Attn: Andy Schwaller DENVER 4501 Wadsworth Boulevard Wheat Ridge, CO 80033 303.463.9317 Fax: 303.463.9321 www.geo-church.com Toll Free -1.877.248.3123