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Home My WebLink About2.0 BOCC Staff Report 04.05.2004BOCC 4/5/04 -JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: ~~~ \~ EXISTING ZONING: I. COMPREHENSIVE PLAN ~,~al use permit to allow an Accessory Dwelling Unit (@!J1 /nV #'Jr John M. Deer & Rita Harrington 2150 County Road 10 , Glenwood Springs CR 109 Teller Springs Subdivision HOA Existlllg ISDS {f Jf tf ) . (_3 !lo~ ) ~I According to the Garfield County Comprehensive Plan of 2000, this site is within Study Area 1 and in Subdivision designated land use . View: Southwest at front of ADU/Stable r~r~v~i if co --1t2h /t\~S i r\i) II. DESCRIPTION OF THE PROPOSAL The Applicant is requesting ~eial~ermit to allow a portion of an existing stable and tack~g-e-b~~ing tota~o be used as an Accessory Dwelling Unit (ADU) utili~(· The ADU was constructed with the. house in 2003. III. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comments. No comments were received. J 4///rk< ef tJJr_ (j) Vegetation Management: (No Comment) -lj?j; u~) R 1. Garfield County Attorney: (No Comment) t l' 3. Garfield County Road & Bridge Departmen · (No Comment) ffe ( ~ fft:!V 7tJ O IV. APPLICABLE REGULATIONS G ,,~0~rttJP ~ }f //ll f d!Jt:dEA- 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. Staff Finding: Impacts are generally expected to be minimal due to the large lot size and general ability to supply adequate water as citt:<l by Teller Springs Homeowners Association and sewer support from a p ermitted, installed and adequate ISDS with capacity for 4 bedrooms. This standard is met. B. Zoning Resolution: An ADU is a special use in the AIR/RD zone district purs uant 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 and standards are listed below in bold italics followed by a Staff response: General Special Use Permit R equirements (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 proposed dwelling unit is currently served with water by the Teller Springs Homeowners Association which has reviewed and approved the request to serve the ADU. Sewer is provided by an ISDS and is permitted by 2 Garfield County for four ( 4) bedrooms, the Primary Dwelling Unit has three (3) bedrooms and the ADU has one (1) bedroom. 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 Finding: The proposed dwelling is currently served by an existing driveway off of CR 109 which provides access to other structures on the property including the Stable which will house the ADU. The traffic generated by an ADU is less than 9 trips a day and will generally not adversely impact the existing street system. This standard 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 proposed ADU will be less than 125 feet from the principle dwelling unit and is roughly in the center of the platted lot. The single family dwelling unit is a permitted use by right and is located approximately 350 feet from CR 109. Access is gained on a gravel drive utilized at the intersection of CR 109 by both the applicant and their neighbors to the north. Staff finds the existing stable and proposed ADU generally do not impact the agricultural/residential neighborhood character of the surrounding area because of the large size of the property, moderate distance to neighboring dwelling units, and the close proximity to the Primary Dwelling Unit. This standard is met. D. 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 7.028 acres with slopes well below 20%. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Finding: The ADU is 576 sq. ft. in area within the stable structure totaling 1,493 sq. ft. This standard is met. 3 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding: The property is located within the Teller Springs Subdivision which has approved the use of the ADU. This standard is met. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding: The existing dwelling unit is currently served by the Teller Springs Homeowners Association which has agreed to provide water for the primary use as well as the accessory use. This standard is met. 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 acquired an ISDS permit (Permit No. 3721) from Garfield County in 2003. There is no need to update the existing septic system for an ADU as it was engineered for up to 4 bedrooms. 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. (}j)rhat. all construction complies with the appropriate County building code requirements. IV. 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 , morals, convenience, order, prosperity and welfare of the 4 citizens of Garfield County. 4 . That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. -~ .... r RECOMMENDATION. '-....----filfilI.rece ends 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. The ADU must be certified by a Registered Colorado Engineer or Architect that all concealed areas of construction comply with Garfield County Building Code Requirements. That the applicant must submit a new application for a building permit for the ADU within the Stable, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to any habitation. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 2150 County Road 109." 5