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Home My WebLink About2.0 Staff ReportExhibits for Gornick Public Hearing held on 01/12/09 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application E Staff Memorandum F Email from County Project Engineer date 11/25/08 iAN-07-2009 WED 05:19 N COPELAND CONCRETE 28803 I-fwy 6 Rifle, CO 81650 (970)625-1112 Phone (970-625-1110 Pax To: Jim Gomick From FAY:97062;1110 • Copeland Concrete, Inc Debbie Floc' 970.926-9001 Pages: 2 including cover Phone: Date: 01/07/2009 Re: invoice CC' Q Urgent 0 For Review 0 Please Continent 0 Please Reply 0 Please Recycle • commentx Here is the invoice yOu requested. Hopes this helps.. Thank You Deb Petree i JI COPE;4ND CONCRETE INCORPORATED Manufacturers of Precast Concrete Products Also Distributor of Related items 28803 U.S. Hwy. 6 Mks, Colorado 81650 Phone (970) 625-1112 Fax (970) 625-1110 1-800-400-1132 -� Sc cc) �� FAX: 705' g 1'' 2 "Praise The Lord" r SHIP TO 11-33'..4-,C,41 " Ci ie 0-.5q C t (3, v -: y l-)Grrt,9- ort L, 5t7.7(e r ,oma TO 7:30 OATS C., -r7-0 CHAR`i_SAt2 MDSE. sera. GLIMMER O. • WEIGHT ITEn9 °0 .;I ti 7 SALESMAN JCSNO. 3 7q 7/!t 0 PHONE NO. 1 PERSON CALLING T7 l-;fr.L7707Tatem i P.O. uulaSER JO8 NAME UNIT PRICE �CTENSION DELIVERY CHARGE WARRANTY ON ABOVE.r.ISTED tAAATER1AL (INO 9.1ga NEW MACHINES, PARTS & SUPPUES) tS UMrrED TO THAT AS PROVIDED BY THE MANUFACTURER/COPTS OF WHICH/AO AVAI . =LE UPON R� a1.1 /:7 _/;,....71 j CRIVeA'S S:GNATURc V i ' TOM'S NOTICE CESS 8:1:'79 IF PAID BY ( —30 + D NO DISCOUNT AFTER THIS DATE THIS IS A STATE TAX F3 GARFIE_D COUNTY TAX CASH DISCOUNT AND MUST BE PAID ON TIME TO TAKE DISCOUNT. Rbc. &9 THANK YOU TOTAL I Please pay on invoice. Statement will be sent on request only. A FINANCE CHARGE OF 11/2% PER MONTH W}4ICH IS AN ANNUAL PERCENTAGE RATE OF 18%) Y�ILL HS AOD_O TO AU. ACCOUNT BALANCES THAT EXCESO SO DAYS. 1/03; / /72,- i Water Located: 65 - 103 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTLNG RECORD Material Amount Density Interval Placement Cement 5 sks 6 gal/sk 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 4 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 46 ft. Pumping Level : Total ft. Test Remarks : 13. II have read Pthe statements m pde herein D ein and and know az a clears i mand de they arc true to my knowledge- Phone : (970) 927-4182 (Pursuant to Section 24.4-1-4 (13Xa) CRS, the making of false statements CONTRACTOR SheltonDrilling Corp. Lic. No. 1095 Mailing Address : P.O. Box 1059 B lt, r o. 81621 Name / Title (Please Type or Print) Signe FR'e f / Date Wayne Shelton 0 President Date/Time Measured 9/5/2008 Production Rate 15 gprn Date/Time Measured 9/5/2008 Test Length : 2 hours 9/52008 ORIGINAL WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY RECEIVED SEP 3 0 2008 ,NATER RESOURCES STATE OLOINEER. APPROVAL * GWS3I-91-03 1. WELL PERMIT NUMBER 67158-F 2. Owner Name(s): James Gornick Mailing Address: P.O. Box 634 City, State, Zip : New Castle, Co 81647 Phone # 3' WELL LOCATION AS DRILLED SW 1/4 NE 1/4 Sec: 5 Twp: 6 S Range: 91 W Sec. line OR Lasting: Northing: C BLOCK: FILING (UNIT): DISTANCES FROM SEC. LINES 2259 ft. from North Sec. line and 1529 ft. from East SUBDIVISION: Smilack Exemption LOT: STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION ftDRILLING METHOD Air Rotary DATE COMPLETED: 9/5/2008 TOTAL DEPTH: 105 DEPTH COMPLETION: 105 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Material (Size, Color, and Type) 9.0 0 84Depth Type of 6.5 84 105 000-060 Clays, Sands, Silts 060-103 Sands, Gravels l 105 Wasatch FormationOD 7.PLAIN CASING103 (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 84 5.5 Steel 0.188 65 85 PERF. CASING : Screen Slot Size 5.5 Steel 0.188 85 105 Water Located: 65 - 103 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTLNG RECORD Material Amount Density Interval Placement Cement 5 sks 6 gal/sk 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 4 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 46 ft. Pumping Level : Total ft. Test Remarks : 13. II have read Pthe statements m pde herein D ein and and know az a clears i mand de they arc true to my knowledge- Phone : (970) 927-4182 (Pursuant to Section 24.4-1-4 (13Xa) CRS, the making of false statements CONTRACTOR SheltonDrilling Corp. Lic. No. 1095 Mailing Address : P.O. Box 1059 B lt, r o. 81621 Name / Title (Please Type or Print) Signe FR'e f / Date Wayne Shelton 0 President Date/Time Measured 9/5/2008 Production Rate 15 gprn Date/Time Measured 9/5/2008 Test Length : 2 hours 9/52008 ORIGINAL FORM NO. GWS-32 10194 . PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER For Office Use only RECEIVED j 4 200$ STA Cabo. 1. WELL .NOV -%ti*' -- Com'? � l S1- PERMIT NUMBER 2 OWNER Mailing City, Phone NAME(S) �Am F5 rr? A�1/A &arz n )ck Address 8010 C/ St. Zip /l)L-7.LJ(R5T/E 17, e'1lo 97 ( ) 3. Th/ WELL LOCATION AS DRILLED: 5(L1 1/4. N6 1/4, Sec. j Twp. I , Range 6 - DISTANCES FROM SEC. UNES: 27,E ft. from 1{L rh Sec. line. and 553 ft. from cJ�..0- Sec. line. SUBDIVISION: STREET to o scam)) (east or west) LOT BLOCK FILING(UNIT) AT WELL LOCATION: ' ADDRESS 4. PUMP DATA: Type Submersible Installation Completed "7/ 2 ei-10er - Model No. 1},./z g- 1 /9- 20 Pump Design Pump ADDITIONAL Manufacturer 6v2u nd F'/76 Pump GPM /. 9 at RPM Iti 7 c777 , HP 1 , Volts C , Full Lpad Amps . (p ! ` ' Feet, Drop/Column Pipe Size / t) Inches, Kind ,SC &9 P V • Intake Depth /(n INFORMATION FOR PUMPS GREATER THAT 50 GPM: • TURBINE DRIVER TYPE: ❑ Electric ❑ Engine Design Head feet, Number of Stages n Other , Shaft size inches. 5. OTHER EQUIPMENT: . Monitor Tube Installed ❑ Yes ❑ No, Depth ft. . Airline Flow Meter ❑ Yes ❑ No, Orifice Depth ft. Installed Meter Mfg. Meter Serial No. . Reading Readout 1 !Gallons, ❑ Thousand Gallons, ❑ Acre feet, ❑ Beginning 6. TEST DATA: ❑ Check box ifTest data is submitteds •Igjnental Form. Total Static Date Well Depth 1� Time t 12 ) h Level PM '1 Rate (GPM) LA. A-1%, 1 Measured I Ey/k Pumping 7. DISINFECTION: Type HTH Amt. Used liz-i (up 8. Water Quality analysis available. ❑ Yes ❑ No 9. Remarks • 10. I have [Pursuant degree CONTRACTOR Mailing read the statements made herein and know the contents thereof, to Section 24-4-104 (13)(a) C.R.S., the making of false statements and is punishable as a class 1 misdemeanor.] J & M Pump Inc Phone and that they are true to my knowledge. herein constitutes perjury in the second (970 )945-6159 Lic. No.1196 . 8611 Co Rd 1 1 7 Glenwood Springs CO. 81601 Address �� j u"' Date 1 /J/d,OV Name/Title (Please type or print) Richard A Holub President Sig JI iti!/� /1 f�c� REQUEST BOCC 01/12/09 FJ PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for an Accessory Dwelling Unit (ADU) James and Maria Gornick Olszewski, Massih & Maurer, P. C. 6134 County Road 214, approximately 2 miles west of New Castle 7 acres CR 214 Well ISDS (Individual Septic Disposal System) 2181-051-00-238 APPLICANT / OWNER REPESENTATIVE LOCATION SITE DATA ACCESS WATER SEWER PARCEL ID NUMBER EXISTING ZONING Rural Zone District (being processed under former ARRD as it was technically complete prior to 01/01/09) 1 I. BACKGROUND This matter was brought to the County in the form of a zoning violation complaint where the owner was cited by the County in July and August, 2008 for an existing illegal dwelling unit on the property. Since that time, the owner has finally retained counsel to assist him with this issue and is seeking to remedy the illegal unit by getting a permit form Garfield County. 11. DESCRIPTION OF THE PROPOSAL The Applicant requests the Board grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) for a property located on a 7 acre property, 2 miles west of New Castle on County Road 214 in Peach Valley. The unit is located on the upper floor of a stand-alone garage on the north east corner of the property. 111. APPLICABLE REGULATIONS In this case, the application was deemed technically complete prior to the enactment of the County's new zoning regulations. As a result, this request is being processed under the Zoning Resolution of 1978, as amended, (the Zoning Resolution) where 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 if found necessary. An ADU is a special use in the ARRD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978, as amended. The application must address the general SUP review requirements in Section 5.03 as well as the specific standards that apply to ADUs contained in Section 5.03.21. These standards are listed below in bold italics followed by a Staff response. 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 Response The property owner has an approved well permit and water contract for a single- family dwelling, and accessory dwelling unit, and associated irrigation of the property. While this satisfies the County's requirements for legal water, no evidence was submitted that demonstrates adequate physical supply. [The County typically requires that all dwellings units have a water supply equal to or greater than 350 gallons per day.] No pump test was supplied that could demonstrate this. Staff suggests, should the Board approve the request, that a well pump test be completed to the satisfaction of the County Staff based on the 350 gpd standard. 2 Regarding wastewater, the main house and bandit unit use an ISDS system that was approved by Garfield County in November, 2002. This system includes a 1250 gallon tank and leach field adequate to handle 4 bedrooms. The additional dwelling unit (containing 1 additional bedroom) was not figured into this permit approval. The County Staff project engineer reviewed the calculations for this system and found the existing 500 sq ft leach field is adequate for 5 bedrooms but the existing 1250 gallon septic tank is adequate for only 4 bedrooms. As a result, a replacement tank is needed at 1,500 gallons to accommodate 5 bedrooms. Again, should the Board approve this SUP request, Staff recommends that the tank be replaced with a larger 1,500 gallon tank. In summary, the utilities could be adequate to serve the additional unit if an adequate well pump test occurs and a replacement septic tank is installed. 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 Response The access to the property is a driveway directly off of County Road 214 (Peach Valley Road.) Staff finds the addition of an accessory dwelling unit will not produce enough traffic to adversely affect traffic or turning movements on CR 214. 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 Due to the large size of the property (almost double the minimum acreage required) and the fact that there will be no adverse visual change to the property with the conversion of the upper floor of an existing garage to a dwelling unit, staff finds this standard to be 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 7 acres which almost doubles the minimum required for an ADU and the area proposed for the location of the ADU and main dwelling are located inside an area that does not contain slopes steeper than 40%. This standard 3 is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Finding The plans submitted by the Applicant show that the gross floor area of the residential portion of the structure constituting the ADU will not exceed 1,500 sq. ft. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding The lot is not located within a community with protective covenants. This standard is met. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding The property owner has an approved well permit and water contract for a single- family dwelling, and accessory dwelling unit, and associated irrigation of the property. This standard has been met for a legal source of water. 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. Staff Finding Regarding wastewater, the main house and bandit unit use an ISDS system that was approved by Garfield County in November, 2002. This system includes a 1250 gallon tank and leach field adequate to handle 4 bedrooms. The additional dwelling unit (containing 1 additional bedroom) was not figured into this permit approval. The County Staff project engineer reviewed the calculations for this system and found the existing 500 sq ft leach field is adequate for 5 bedrooms but the existing 1250 gallon septic tank is adequate for only 4 bedrooms. As a result, a replacement tank is needed at 1,500 gallons to accommodate 5 bedrooms. Again, should the Board approve this SUP request, Staff recommends that the tank be replaced with a larger 1,500 gallon tank. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 4 7) That all construction complies with the appropriate County building code requirements. Staff Finding It is unknown if the owner acquired any building permits to convert the upper floor of the garage to a dwelling unit and if that construction meets any of the required building code. As this standard requires, all construction (septic system and ADU structure) shall require the appropriate building permits and inspections to be conducted by the County Building and Planning Department. This shall be considered a condition of any approval by the Board of County Commissioners. Staff recommends no approval for this unit should occur until the proper building permits and ISDS permits have been obtained. 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 condition: 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 unless otherwise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the structure. 3. The Applicant shall obtain the appropriate ISDS permit from Garfield County as part of the building permit process for the ADU. This system shall comply with the regulations and standards required by the Colorado Department of Public Health and Environment which shall require a replaced tank at 1500 gallons. 5 4. No approval for this unit should occur until the proper building permits and ISDS permits have been obtained. 5. The Applicant shall conduct a well pump test to demonstrate that the well can physically produce 700 gallons of water per day to accommodate both the main house and the ADU. 6. The Applicant shall meet with the County Building Department to determine what building permits are needed for the construction of the unit. VI. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 6134 County Road 214, approximately 2 miles west of New Castle with the conditions proposed by Staff." 6 Fred Jarman m EXHIBIT From: John Niewoehner Sent: Tuesday, November 25, 2008 2:31 PM To: Fred Jarman Subject: SUP for Gornick ADU Fred - - If you like, Andy says that we can deal with the septic system capacity at the time of building permit. We are confident that the 7 -acre lot provides sufficient area to enlarge the existing septic system or build a separate septic system for the ADU. Missing information: Total number of bedrooms. Seems like the addition of the ADU may result in there being 5 bedrooms. Conclusion from Analysis Below: The existing 500 sq ft leach field is adequate for 5 bedrooms but the existing 1250 gallon septic tank is adequate for only 4 bedrooms. An analysis based on the information provided: Assumptions per original permit: Existing 1250 gallon septic tank & 500+ sq ft of leach field utilizing infiltrator chambers. No. of Bedrooms in Existing House: 4 bedrooms Volume of Existing Septic Tank: 1250 gallons (This is adequate for 4 bedrooms but the ADU might result in 5 bedrooms.) Required Septic Tank Size for 5 bedrooms: 1500 gallons Calculated Leach Field Area for 5 Bedrooms: • Wastewater Generated: 5 bedrooms x 2 people/bdrm x 75 gal/person/day x 1.5 safety factor = 1125 gallon/day • Perc test: 11 minutes/inch • Required Area of Infiltrators= [1125 gallon/day x (11 minutes/in)0.5 x 0.5 reduction for using infiltrator chambers] / 5 = 375 sq. ft. - - John 11/25/2008 Form No. OFFICE OF TH:. ;TATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT JAMES & MARIA GORNICK PO BOX 634 NEW CASTLE, CO 81647- LIC WELL PERMIT NUMBER 67158 - F DIV. 5 WD 39 DES. BASIN MD Lot: C Block: Filing: Subdiv: SMILACK EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2200 Ft. from North 1553 Ft. from East Section Line Section Line (970) 379-1763 PERMIT TO CONSTRUCT A WELL UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WOWCD contract #080221JMG(a). 4) Approved as a well on a residential site of 7.034 acre(s) described as lot C, Smilack Exemption Subdivision, Garfield County. Further identified as 6134 County Road 214, New Castle, CO 81647. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and one (1) accessory dwelling unit, the irrigation of not more than 1 acre (43,560 square feet) of home gardens and lawns, and the watering of four (4) head domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Gornick Well. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 3.19 acre-foot (1,039,136 gallons). 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTICE: This permit has been approved subject to the following changes: The distances from section lines were calculated from UTM coordinate values provided with the permit application. Additionally this permit has been approved for the use as noted above (home garden/lawn irrigation was amended). West Divide Water Conservancy District (WDWCD) contract #080221JMG(a) total diversion was approved for 4.34 acre-foot (excluding transit loss) which included the irrigation of not more than 1.5 acres (65,000 square feet) of home gardens and lawns. The applicant requested that the application be amended for the irrigation of not more than 1 acre (43,560 square feet) of home gardens and lawns not 1.5 acres (65,000 square feet) as originally submitted. You are hereby notified that you have the right t NOTE: Shared well Permit no. 49860-F (46609-F expired), serving lots A, B & C, Smilack Exemption was previously issued for this lot. NOTE: Parcel Identification Number (PIN): 23-2181-051-00-238 ,jam-- ')I, NOTE: Assessor Tax Schedule Number: R150223 APPROVED J ) ! + DMW :.� `Receipt No. 9503008 State Engineer By DATE ISSUED 05-16-2008 EXPIRATION DATE 05-16-2009