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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.08.2003Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: frVM T: EXHIBITS Board oJ'County Commissioners - September 8' 2003 Proof of Certified Mailing Receipts Proof of Publication Garfield County Zon\ngRegulations of 1978' as amended Garfield County Comprehensive Plan of 2000' as amended Staff Report dated September 8, 2003 Application Materials Comments from the Garfield County Road and Bridge Department' EmailfromsteveAnthony,GarfieldCountyVegetationManager,dated September 2,2003. TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT(S): LOCATION: PROJECT INFORMATION AND STAFF COMMENTS BOARD: Soecial Use Permit for an Accessory Dwelling Unit ('ADU") The Applicant requests approval PI th: "orr"rrion of an existing residential unit to an ADU Jeffand StePhanie RiPP The subject property is referred to ?t,^ Lot l, IiYden Ranch ExemPtion ano^s ffi;;;'d "s 4715 CountY Road 233' Rifle. A/R/RD (Agricultural / Residential / Rural DensitY) A/R/RD CountY Road 233 919103 TP EXISTING ZONING: ADJACENT ZONING: ACCESS: L DESCRIPTION OF THE PROPOSAL: A. Development Proposali The Applicant -r39uests approval to change tG ttilt of * Tf,:"i*'ely 810 square foot single-family residence' from a primary. resiOen-o1^11 31 ;;;.t*ty uweiling Unit ("|PU")' io, order to recerve a Certfficate of O"3"p*"V for a new house recently constructed. For the purpose of this me19-rmdul the existing *Il" structure proposed as the ADU' seen in the photograph to the right, will be ttf"t"i to as the o'proposed ADu" and the new residence, the log home' will be referred to as the "log home". -:t E B. Site & Project Descriptionl Jne s1!]1:1"',T:X :"*"i"ffi The property is located west, appro*i*t.rv'jv#.;, ;;*;il; h:"r*r',i*-"ivriuo Lane (cR 227) andsilt Mesa (cR 233)' ninn snecjfru;'-:;;f;: Page 2 The subject property is improved with,the existing g10 square foot residence which was constructed nlgzs,and a rr"* i"ria"r.", fo, which u c.rtn"ite of occupu* ttol lT ":t been issued until Special use approv"il;;;; to, ,h." ;b;. "ih; propor"j'eni, ihe whi-11,:t:ucture' and the new residence, the log home, can be seen in #;n"*rupr, u.to*. The property is also improved with two 1og shed type ti*ti*tt and a couple of root cellars' As seen in the photograph to the righl.the nrooertv gently slopes to the south' I ne 'u.gi ution is primarily grassrr-ith mature trees suiounding the ProPosed ADU' D. Zonng: The subject property-is zoned ;RRD(Agrtcultural / Residential / Rural ilrt9' T"he zoning adjacent tojlhS. 3bject ,.r"ni'is also A/R/RD' The A'/R/RD zone 'ai.rlJtlu"ws for a minimum lot area of 2 acres. :r."r" 'i#q ;';; Z'in'a countv Comprehensive Ptan of 2000,as ..outlying Residential." o*G; n"ria",iiu1is consistent with the underlying zorung' which in the case of A / R / RD i, u *rrri.ui' 10t area of 2 acres. It appears that the subject property is located outside orit " 2 mile sphere of influence for the Town of Silt' F. Road/Access: The property takl1 alces'"t*:::ty Road 223' The drivewav used by the subject property i, *t*"0 ariveway with the property immeiiately to the north' G. Applicability: Pursuant to Section 9.03 of the ZonngResolution, l app.lication for a Special Use permit ("SUP"j shall be approved o' At*"A by the goarA of County Commissioners after holding a public hearing thereon in conformance with all provisions of the zonngResolution' II. REYIEW AGENCY AND OTHER COMMENTS: The apprication was referred to the fo*owing agencies for comments. comments that were received have been integratJtt,ougtrout this -"*or*d.rm where applicable' 1. Road and Bridge: Exhibit G -- 2,. Vegetation Management: Exhibit H Rioo SPecial Use Permit BOCC - 9/8/03 Page j [I. REVIEW CRITERIA FOR SPECIAL USE PERMIT PursuanttoSection5.03.l0,useslistedasSpecialUsesshallbepermittedonly: 1. Based on compliance with all requirements 'listed herein' and; 2. Approval by the county cr;*;;;;;;r:r, which Board may impose additionsl restrictions on the lot area, /loor orrr, ,"o*"rroge, ietback and heighi of proposed ltses or required additionaloffstreetparking,screZningfencesandlindscaping'oranyotherrestriction or provision it deems nrrrrroi'io prr'rrtl the h.ealth, safety andwelfare of the population and uses of the n ignOirnooa o' 'oni";";;;;; ;t a co'dition of granting the sPecial use' Response: Staffsees no reason for thg Bocc to require any special conditions in addition to those conditions listeO unJer Section VI of this memorandum' Sncrrox 5:03 pursuant to Section 5.03, speciar uses shall conform to all requirements listed there under and elsewhere in the l;;;ii":o1"tio"' plus the following standards: 1. rJtirities adequate to prou_ide water and sanitation service based on acceDted engineering standards and approved by the,norri icounty commi"iz''*" 'n"tll either be in place or shall be constructed in cinjunction with the proposed use' Response: separate septic systems will serve the proposed ADU and the log house' A new septic svstem was instalred roittre ,.onor"iliii upp.o*r*iely 3 years ago and a new septic system was irrstaUeA for the log home in 2003' There is an existing wen (#226404)on the subject property (Lot 1' Rydel Ranch Exemption)', that serves both the ,.16:.., pioperty *d;;;;;;;)'--t "*"d#tlr;; itt" "tt'tt (LotZ'Rvden Ranch Exemption). proiiaJ;tth th" "ppil;;i";i, a w"lt srr*i"?egreement.that was executed in 2000' The well Sharing Agreement "rly rl;;;;fortwo "'iat""zttI utilize the well' In 2003' the Applicant ana tG property owner r?;h"-;".h *""a"a tt" wtu st'*ing Agreement to allow for four (a) r"ria"r,"", to utilte the well.'^'i;,;"ry't1a[t'a"*iftt eipficant was to contract with west Divide water conservancy oi."i" tw"st Divide) for the addition of two residences' In addition, as part of the new welr permil, #5gg37.,Condition of Approval6 of the welr permit. reads, the use of the groun!**u ii* this we, i, ti*iri to ordiiiry househord purposes inside four (4) singlelamilj dwe,rngs, thelrrisation of not *,orn tlron on, il1 acre (43,'560 square fee| of RiPP SPecial Use Permit BOCC - 9/8/03 Page 4 home gardens and lqywts, and the watering of twenty (20) head of domestic animals' All use of this welr wi, be curta*ed unress the water ailotment contract or a pranfor augmentation is in effect' This well is known as Kitty-Ripp wat, irini-a shared well toiated"at 4715 county Road 223 and ,r-iry 4715 and 4948 County Road 223' Rifle' CO'" A contract with west Divide was signed and activated on May 20, 2003, Contract No' 030520RK(a). A copy of the west niviae contract, the wen rt*irrg agreement and the addendunL *a,n well permits are inctuded in the application' 2. street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient acces;s to the use sha, either be iiprace or shall be constructed in conjunctionwith the proposed use' Response: No proposed expansion to the existing access is necessary or requested for the proposed ADU and the log home. Garfield co*iv noaa an'a Bridge Department y9i:rl.d that there will be no impact on county Road223 u, u r..ult of the proposed ADU (see Exhibit G)' 3. Design of the proposed use is organized to minimize impact on andfrom adjacent uses of land through installation of screen fenri, o, landscape marteri;ls on the pe:riphery of the lot and by location of intensively utilized areas, ac"e,s points, iighting and signs in such a manner as to protect established neighborhood character' Response:Theexistingresidence,tobeconvertedtotheADU'isvisiblefromCountyRoad223'as is the new tog t ome. ,fs noted p..riourty, the existing white structure has been on the property since approximately 1g25. Ther. qry.*irting vegetation along the county road that would provide screening for bottr residences. Staffis of the opi"ion that none ihould be required. No signage is *titipu,-.a and standard residential lighting is utilized' w.CRITERIAFoRACCESSORYDWELLINGUNIT(SECTION5.03.21) pursuant to section 5.03.210f the zonngRegulations, useof a structure as an accessory dwelling unit approved by Special Use sha|l.".t It'" fiflowing standafds' as wellas 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) aues in size' Rgsponse: The property contains apppoximat ely 22acres' The existing and proposed improvements aroid slopes in excess of 40oh' niorsoec;!;u;'_'r:ff;', Page 5 2.Thegrossfloorareaforresidentialuseoccupancyshallnotexceedl500sq.ft. Response: The existing residence contains approximately 810 squ'Ire feet' which does not exceed the maximum floor area allowed' 3. Approvat Jrom the subdivision homeowners association and/or allowed by covenant if applicable. Response:Thepropertyisnotlocatedwithinasubdivision.Nocovenantsareapplicabletothis proPertY. 4.ProofofalegattyadequateSourceofwaterforanadditionaldwellingunit. Response: Discussion regarding the existing well has been addressed previously in this memorandum. 5. compliance with the county individual sewage disposal system regulations or proof of a tegalabilitytoconnecttoanapproyedcentralsewagetreatmentfacility. Response: A septic permit, #330g,was issued for the septic system for the proposed ADU approximately 3 years ago. A new septic system has recently been installed for the new log home (#37 64,March 1 3, 2003)' 6. Only leasehold interests in the dwelling units are allowed' Response: The Applicant will comply with this requirement' The ADU will not have a separate ownershiP interest' T.ThatallconstructioncomplieswiththeappropriateCountybuitdingcoderequirements. Response: prior the issuance of the actuar Special Use permit, the Applicant shan provide to the Garfiptd county Buitding Department documentation from a certified structural engineer that the proposed aou compr"Iwiti, appropriate county building code requirements' V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners' 2. That the meeting before the Board of county commissioners was extensive and R\PP SPecial Use Permit BOCC - 9/8/03 Page 6 complete,thatallpertinentfacts,mattersandissuesweresubmittedandthatallinterested parties were heard at that meeting' 3. That for the above stated and other reasons, the proposed Special Use Permit has been determined to be in the best interest of the health, 'uf"ty' morals' convenience' order' prosperity and welfare of the citizens of Garfield County' 4. That the application has met the requiremen!19f snecial use (Sections 5:03 and 9:03) in the Garfieid County ZoniryResolution of 1978' 5.ThattheapplicanthasmettherequirementsofanAccessoryDwellingUnit(Section 5.03.21) initre Garfield County ZoniryResolution of 1978' VI. RECOMMENDATION: Staffrecommends that the Board APPROVE the Ripp Special Use Permit for an Accessory n*"ffi"g Unit, subject to the following conditions: l.AllrepresentationsoftheApplicant,eitherwithintheapplicationorS.laledatthehearing before the Board of Courrty co-,ni.sioners, shall be considered conditions of approval. 2.onlyleaseholdinterestsintheADUshallbeallowed.Theunitmaynotbesoldseparately. 3. The use of cistern as a source of domestic water shall not be a permitted' 4.PriortotheissuanceoftheactualspecialusePermit'theApplicantshallprovide: a.DocumentationshallbeprovidedtotheGarfieldCountyBuildingDepartmentfroma certffied structural"rrgin"., that the proposed ADU compties with appropriate County building code requirements' RRAL I County FORM" O O R:[;.*'slr4'\ Building and planning Department .u Retum Requested:sl+t'loj tite 201, Glenwood Springs, CO 81601 !!!!!!!!! t a"><, ,trar rt-rr-, ' -r"t""r r"-..t, , €, ) - t,l I Phone: 945-8212'"'*"n*tt I m;;;. ar;ffi nd Stephanie Ripp II Phone: a ounty planning Department has received a land use request as referenced atlove. Your comment nt part of the evaluation process. In order to review all appropriate agency comments and rm into the Staff Report, we request your response by Friday. August 29' 2003' REFERRAL I Garfield CountY I 108 8* Street, Sui 070\ 945-82121FF: ll rle Name(s)l- ll nipp suP llt_ ll s,un*turn.., ru, ll appu."nt, Jeff an, lr ll contr.t Person: lr ll r,o.u,ior' 47t5 CcIt_-- lb'rygr:t"* The Garfield Co are an importan incorporate ther ,UU 6 Stfeet, )U1[e ZUI, \Jlsllwuuu D 970) 945-8212lFax: (970) 38403470 P rtsb, File Name(s)Proiect Name(s) Special UseRipp SUP Staff Planner: Tamara Pregl Phone: 945-8212 Anolicant: Jeff and StePhanie RiPP Phone: 625-0714 Phone:Contact Person: Location: 4715 County Road 233, Rifle' Summary of Request: To all the existing residence to become an accessory dwelling unit for the purpose of cons:itruction new residence. GARFIILD COLNTY {Jo Tr- -* r-f o A t*"//-/ 3 7J Counw AttomeY / 'l v-,/ ,L 0,MD -,/n <- 71--rL /fz.z-.-z 7 / Cor.o sie, E \l/.rar P /-]enlnoicql Srrruev (Fee) Health Deoartme,nrt Forest Sa'vice (Fee) wilzllifa Dirrisinn s#+id*iuii#6i IT C \I/KE'U,B]I\II Prrhlin Slryice Ho'lv Cross Electric Autr Z I 200 G.S. Carbondale Fire District GARFIFI N COIIN NG Silt/Ncw Ces+lelR ifle Fire District tnfl.UING & PLANh Soil Conswation District Planning Commission BOCC o-L-^1 n:^d^1 ragc r or r Tamara Pregl From: Steve Anthony Sent: Tuesday, September 02,2003 4:14 PM To: Tamara Pregl Subject: RE: Ripp SUP Comments Tamara, The Vegetation Management Department has no objections to allowing the existing residence to become an accessory dwelling unit. There doesn't appear to be any weed/revegetation issues that I need to comment on. Thanks Steve -----Original Message----- From: Tamara Pregl Sent: Tuesday, September 02, 2003 12:09 PM To: Steve Anthony Subject: RE: Ripp SUP Comments Great. Thanks. -----Original Message- From: Steve Anthony Sent: Tuesday, September 02, 2003 6:55 AM To: Tamara Pregl Subject: Ripp SUP Comments Tamara, Can I get this in this afternoon Thanks Steve I EXHIBIT-fl+ 9t2t2003 (ro Jeff Johnson Architectural PC Jeffrey Scott Johnson AIA 136 East Third Street Rifle, CO 81650 Phone: (970) 625-0580Fax: (970) 625-0581Cell: (970) 948-0099 jjarch@rof. net MEMORANDUM Contact: Andy SchwallerCompany: Garfield County Building lnspectorPhone: 384-2470Date: September g, 2OO3Project: Ripp ResidenceNo.: 02094 Regarding: Jeff and Stephanie Ripp Residence 4715 County Road 223 Special Use permit ADU Accessory Dwelling Assessment Andy, The following letter has been provided by Jeff Johnson Architectural, p.c. to the Buildinglnspector of Garfield county on behalf oitJett Ripp to ".trurirn inrt his existing residence at4715 County Road 223, Rifle, Co, is in compliance witn appropiirt" cr.ri"ro c"ounly-cooerequirements. Public health, lafety, and welfare will not be endangered if this buitding is utilized as anaccessory dwelling unit. on my assessment of the building on Monday, september 0g, 2003, r reviewed thestructural integrity of the buitding ind found iito od satisractry. - The building is estimated to be constructed circa 192s, and existing fixtures and buildingmaterials such as lathe and plaster walls, is consistent for this time period. This indicates that the building's structure has withstood over 75 years of seasonal freeze-thaw cycles, and corresponding wind and snow loads. over this period, the roof system isstill level, the trusses are structurally sound, and there is no evidence of localized sagging. ln conclusion, lbelievethe residenceat4TlScounty Road 223, Rifle, co, is in compliancewith appropriate Garfield County code requirements. Thank you for your time, ArW??i+T Jeit Johnson, AIA : $fl*4,