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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.11.2002REQUEST: BOCC 03/11/02 KKS PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the A/R/RD zone district. APPLICANT: Elizabeth Armstrong/ Michelle Alford LOCATION: 1114 County Road 137 SITE DATA: 50 acres ACCESS: County Road 137 (Canyon Creek Road) WATER: Well SEWER: ISDS EXISTING ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site lies in an Outlying Residential Density Area which calls for two (2) acres per dwelling unit. As the property is 50 acres in size, this application is in conformance with the Comprehensive Plan. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: The applicant is proposing to permit an existing cabin already located on the lot as an accessory dwelling unit so that they may build an additional home as a primary residence. The livable space within the existing cabin is approximately 350 square feet, and will be used for visitation of family and friends. LII. MAJOR ISSUES AND CONCERNS A. Conditional and Special Uses: Special Uses are subject to the standards set forth in 1 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. Impacts are generally expected to be minimal due to the large lot size. B. Zoning: An accessory dwelling unit is 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: (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) Approvalfrom the subdivision homeowners 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 a legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units are allowed. (7) That all construction complies with the appropriate County building code requirements. The relatively flat lot exceeds the minimum lot size standard and the proposed accessory dwelling unit is within the maximum square footage limitation of 1,500 square feet. The existing well will supply water and an existing Individual Sewage Disposal System (ISDS) will handle wastewater. The property is not part of an existing subdivision. The applicant should understand that the accessory dwelling unit may be leased but may not be conveyed as a separate interest in the future. C. Access: The proposed access is an existing driveway off of County Road 137, which will also serve the proposed primary residence. The proposed access appears to be both legally and physically adequate. D. Water: The applicant has provided a copy of well permit, #169575 to accommodate the water needs of the accessory dwelling unit. The well permit allows for domestic water use within a maximum of three (3) single family dwelling units, fire protection, the irrigation of one (1) acre of home gardens and lawns, and the watering of domestic animals. The applicant appears to have the necessary legal water rights. The application does not contain any information pertaining to the adequacy of the physical supply of water. The following information must be provided prior to 2 issuance of a special use permit: 1) That a four (4) hour pump test be performed on the well to be used; A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply water to the existing home and an accessory dwelling unit; An assumption of an average or no less than 3 5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. 2) 3) 4) 5) E. Sewer: Both the proposed primary and accessory dwelling units will be served by a separate individual sewage disposal systems. The ISDS system for the proposed accessory dwelling unit is already in place, and has been serving the capacity of the residence throughout the life of the structure. As the applicant is not proposing to add additional capacity to the ISDS system, Staff feels that the current ISDS will adequately serve the needs of future family and friends planning to stay in the unit. 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. 3 V. 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. 2. The applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. That the following information must be provided prior to issuance of a special use permit: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the Pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the existing home and an accessory dwelling unit; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. This approval shall be valid until 03/11/03. If the applicant fails to meet these conditions by 03/11/03, and subsequently the special use permit is never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners. 4