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Home My WebLink About2.0 Staff Report 5.3.04G,. BOCC 513104 - JH PROJECT INFORMATION AND STAFF COMMENTS REOUEST: Special Use Permit for an Accessory Dwelling unit (ADU) APPLICANT: BeverlY Klein LOCATION & ACCESS: 1777 CR241, northwest ofNew Castle, Colorado in the NE % of Section 13, Township 5 West, Range 91 West of the 6'h Principle Meridian SITE DATA: 35.01 acres \ilATER: Well (Permit #22478) SEWER: ISDS (Prior to Permits) EXISTING ZONING: A/R/RD AgriculturallResidential/Rural Density SURROUNDING ZONING; A/R/RD Agricultural,/Residential/Rural Density I. DESCRIPTION OF THE PROPOSAL The proposed Accessory Dwelling Unit (ADU) was constructed circa I 91 0 as a seasonal cabin. The Applicant has built a new Single Family Dwelling unit and proposes to designate the original cabin (1,125 sq. ft.) as an ADU. II. COMPREHENSIVE PLAN According to the Garfietd County Comprehensive Plan of2000, this site is within Study Area2. NI. REVIEW AGENCY AND OTHER COMMENTS The application was referred to the following agencies for comments. l. Garfield County Road and Bridge: (Comments received) Exhibit G IV.APPLICABLE REGULATIONS A. Zoning Resolution: An ADU is a special use inthe Agricultural/Residential./Rural Density (A/R/RD) zone district pursuant to Section 3.A2.03 of the Zonng 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 rn bold italics followed by a Staffresponse: B. General Special Use Permit Requirements (Section 5.03) l) Utilities adequate to provide water ond sanitation service bosed on accepted engineering stondards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. StaffFinding: The proposed ADU is currently served with water by a well under state permit #22478, issued December 18,1964 which is permitted to serve 3 single family dwelling units. The well is currently serving a total of 3 dwelling units including the proposed (existing) ADU. This standard is met StaffFinding: The Individual Sewage Disposal System (ISDS) was created prior to permitting. Staffhas found the ISDS is in good working condition but only has capacityto serve 4 bedrooms. The proposed use has 2 bedrooms and the new single family dwelling unit has 3 bedrooms, totaling 5 bedrooms. The Garfield County Chief Building Official has indicated that the 1,250 gal capacity of the septic tank is adequate for 4 bedrooms and not 5, therefore the current ISDS is not adequately serving the needs of the combined dwelling units. The Applicant shall apply for a septic permit and receive a final inspection prior to issuance ofthe Special Use Permit. The existing septic system shall be brought up to Garfield Coturty required standards ofperformance for the total number ofbedrooms to support the ADU and single family dwelling unit. This standard is NOT met. 2) Street improvements adequate to accommodole trafftc volume generated by the proposed use and to provide safe, convenient access to the use sholl either be in place or shall be constructed in conjunction with the proposed use; Staff Finding: Garfield Road and Bridge has commented to our office and has requirements connected to the requirement for a new driveway permit. The proposed ADU isr currently served by an existing driveway off of CR 241 which provides access to and throughout property. 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. 2 C. 3) Design o! the proposed use is organized to minimize impact on and from adiacent 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 o manner as to protect established neighborhood character; Staff Finding: The proposed ADU is approximately 30 feet from the principle dwelling unit and is approximately Y+ mile from CR 241. Stafffinds the proposed ADU generally does not impact the agriculturaVresidential neighborhood character of the surrounding area because of the large size of the property (35.01 acres), moderate distance from neighboring dwelling units, and the close proximity to the primary dwelling unit. This standard is met. 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 35.01 acres with slopes well below 20%. This standard is met. 2) The gross lloor area for residential use occuponcy shall not exceed 1500 sq. ft. StaffFinding: The ADU is 1,125 sq. ft. in area. This standard is met. 3) Approvalfrom the subdivision homeowners association and/or allowed by covenant d applicable. Staff Finding: The property is not under any covenants that would restrict the property owner from adding an ADU at this time. This standard is met. 4) Proof of a legolly adequate source of water for an additional dwelling unit. StaffFinding: The proposed dwelling unit is currently served by a well under state permit # 22478 for no more than 3 dwelling units. This standard is met. 5) Compliance with the County individual sewage disposal system regulations or proofofa legal ability to connect to an approved central sewage treatment facility. StaffFinding: 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 existing septic system shall be brouglrt up to Garfield County required standards of performance for the total number ofbedrooms to support the ADU and single family dwelling unit. This standard is NOT met. 6) Only leasehold interests in the dwelling units sre allowed. Staff Finding: The unit will allow leasehold interests in the unit only. This standard is met. 7) That all construclion complies with the appropriate County building code requirements. StaffFinding: The Applicant shall be aware that since the dwelling proposed as an ADU is an older structure, any future modifications shall comply with the current Uniform Building Code provisions in effect at the time of change. This standard is met. W. SUGGESTED FINDINGS l. 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 (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 inthe best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conforrnance with the Garfield County Zonng Resolution of 1978, as amended. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an ADU for Beveriy Klein for a property located at 1777 CR24l, with the following conditions" 4 vI.RECOMMENDATION Staffrecommends APPROVAL, with the following conditions: All representations ofthe applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. The Applicant shall apply for a septic permit and receive a final inspection prior to issuance of the Special Use Permit. The existing septic system shall be brought up to Garfield County required standards of performance for the total number of bedrooms to support the ADU and single family dwelling unit. No SUP shall be issued for the ADU until the trailer has been removed. The Applicant shall be aware that since the dwelling designated as an ADU is an older structure, any future modifications to it shall comply with the current Uniform Building Code provisions in effect at the time change. 1. 2. J. 4. Exhibits for Klein SUP for Accessory Dwelling Unit Public Hearing held on May 3,2004 Exhibit Letter (AtoZl Exhibit A Mail Receipts B Proof of Publication C Garfield County Zontns.Rezulations of 1978. as amended D Garfield Countv Comprehensive Plan of 2000 E Aoolication F StaffMemorandum G Garfield County Road and Bridse 6