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Home My WebLink About2.0 BOCC Staff Report 10.04.1999BOCC 10/4/99 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow for an accessory dwelling unit. APPLICANT: Bruce & Rue Arbaney LOCATION: 0267 County Road 137 SITE DATA: 42 +/- acres ACCESS: CR 137 WATER: Well SEWER: Existing and proposed ISDS EXISTING ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the 1984 Garfield County Comprehensive Plan, this site lies in District E — Rural Areas/Severe to Moderate Environmental Constraints. This district includes all lands which are not serviceable from an existing municipality or subdivision with water or sewer services and have predominately severe environmental constraints. This area has a poor ability to absorb growth. This proposal does not appear to present any conflict with the comp plan. H. DESCRIPTION OF THE PROPOSAL Site & Project Description: The property is located west of Glenwood Springs, on the west side of County Road 137. The site includes sloping lands descending towards Canyon Creek, with a significant drainage that bisects the property. The 42 acre site is currently occupied by a 600 square foot cabin in which the applicants currently reside. This same property was going to be divided into 4 lots by exemption in 1995, when conditional approval of the exemption request was obtained. The applicants never met the conditions of the exemption approval and thus the parcel remains 42 acres in size. 1 of 4 M. MAJOR ISSUES AND CONCERNS A. Zoning: Special Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. Utilities adequate to provide water and sanitation service, street improvements and safe access, and design of the proposed use to minimize impact through various means are specified in this section. Provisions shall be made to comply with these regulations. An accessory dwelling unit is considered a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978, as amended. It must meet the standards set forth in Section 5.03.021, as follows: 5.03.021 Accessory Dwelling Unit: Use of a structure as an accessory dwelling whether approved by Special Use, use by right in a new subdivision approval, or on an existing lot must meet the following standards, as well as all other standards applicable to residential use: (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. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowers association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (5) Compliance with the County individual sewage disposal system regulations or proof of legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units is allowed. (7) That all construction complies with the appropriate County building code requirements. (A.95-076) The site meets the minimum lot size. The new residence will be 2,400 square feet. The 600 square foot existing cabin is the proposed accessory unit. No covenants are applicable. Any renovation of the cabin must meet the current building code requirements. Water and sewer are discussed elsewhere in this report. B. Legal Access: Access will be provided via County Road 137. The applicant will need to obtain the necessary driveway permit from the Road & Bridge department prior to issuance of the special use permit. D. Water: The new primary residence will be served by well permit no. 183449-A, which is able to serve one single family dwelling, the watering of domestic animals, and the irrigation of not more than one acre. The accessory cabin is currently served by a domestic right from the Virginia Ditch 1 / Williams Canal decreed in case no. 94CW163. The County strongly discourages the use of ditch 2 of water for household purposes. Staff has contacted the Division of Water Resources, who indicated this situation is a good opportunity for the applicants to obtain an exempt well for three dwelling units. A "change in use" can be applied for, or a new permit can be obtained. This is a much safer remedy than ditch water. E. Sewer: The accessory cabin is currently served by an existing ISDS. The new primary residence will be served by a new ISDS. The applicant shall meet the Colorado Department of Public Health ISDS standards. No other State and Local health standards are applicable to the application. 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 citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. To ensure that 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: That 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. Pursuant to Title 30, Article 28, and Title 29, Article 20 of the Colorado Revised Page 3 of 4 Statutes: That the applicant meet all requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. Pursuant to section Section 5.03.021 (7) of the Garfield County Zoning Resolution of 1978, as amended : That any renovation to the existing cabin, which will be the accessory dwelling unit, must meet the adopted Garfield County building code requirements. 4. To ensure that 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: That all State and Local health standards be met and that the applicant ac uire an adequate ISDS permi t the building permit stage 4 1A0_,(A-) Pursuant to section 5.03 (2) of the Garfield County Zoning Resolution of 1978, as amended: 4-k-rL !k) That the applicant obtain a driveway permi from the Garfield County Road & idge Department prior to the issuance of a special use permit. 6. To ensure that 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: a,v L' (9Z.v1,xia t - o 6', That the applicant :: order to provide groundwater, rather than ditch water, to the accessory dwelling unites d CO- +j�'Li — ti1Q,c 4) 1A -A) +tk_Oz lookAitAlaA c 0' V (9-61( . 1guntaked � / I / ' �./�� I 16-13 V141°02A)- k7t- w -ELL a wytAit. 4A-- (Jo coiLE_ cyppeaA,dis coit 04u cc, jtjt4(L 44; Page 4 of 4V\r Viiud/vv–t"(--/LAACkL67\edzil:J:tt, 4-o �