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Home My WebLink About2.0 BOCC Staff Report 05.15.2006Exhibits for Public Hearing held on May15, 2006 - BOCC' Special Use Permit for an ADU Applicants: Joe and Dixie Fiou Staff- Richard Wheeler Exhibit Letter (Ato Z) Exhibit A Mail Receipts Proof of PublicationB C D StaffReport dated MaY 15,2006 Application for the Special Use PermitE F Well Permit# 147315 b+*q- A,u+^.f t c.ac Ctou\G H I J K L J e c*ti 2.oL'o'r?kfri{l4 t*tilti I tB a, Lol inX fth*ul t, o BOCC 5-15{16 RW FIOU ADU PROJECT INFORMATION AND STAFF COi'IMENTS REQUEST Special Use Permit for an Accessory Dwelling Unit (ADU) APPLICANT, OWNER Joe Fiou Jr and Dixie Fiou LOCATION 36590 River Frontage Road SITE DATA 23.87 Acres ACCESS River Frontage Road WATER Well, Permit #'147315 SEWER ISDS (lndividual Septic Disposal System) EXISTING ZONING Agricultura! lndustrial (Al) 1. DESGRIPTION OF THE PROPOSAL: The applicant requests the Board of County Comrhissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located on lot 1 of the Meyers SB 35 Exemption. The proposed ADU will be a mobile home. The existing drive will be used as access to the proposed ADU. 2. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in $5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation seryice, street improvements, and design of the proposed use to minimize impact through various means shall be provided if found necessary. B. Zoning Resolution: An ADU is a special use in the Al district pursuantto $ 3.01.03 of the Zoning Resolution of 1978, as amended. The application must address the general SUP review requirements in Section 55.03 as well as the specific standards that apply to ADUs contained in $5.03.21. These standards are listed below in bold italics followed by a Staff comments. General Special Use Permit Requirements (Q 5.031 1) Utilities adequate to provide water and sanitation seruice based on accepted engineering standards and apprcved by ilte Board of County Commissioners shall either be in place or shall be constructed in conjunction with the propased use. Staff Comment Pursuant to the Meyers Exemption (reception #3791'13) the well, Permit#147315, on lot 1 was to serve both lotl and2 (plat note #5). The existing well is for only two homes. The applicant is aware of this and has obtained an additional well, permit # 267802 to serve one single family dwelling on lot 2. The applicant will have to stop severing lot 2 with the well water from lot 1, in order to serve the proposed ADU. The applicant will have to provide evidence that has been done prior to issuance of the SUP. The best way for this to happen is to have the applicant submit a well pump test and water quality analysis for both wells to ensure there is a physical, legal and adequate source of water for the residence and ADU on lotl and the residence on lot 2. Sanitary service will be provided by a septic system that shall be approved by the County prior to issuance of the building permit for the ADU. This standard is not met 2) Street improvements adequate to accommodate ffific volume generated by the proposed use and to provide safe, convenienf access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Gomment Main access to the proposed ADU will be from an existing driveway. This driveway is accessed directly from River Frontage Road. lf the ADU is approved, the applicants shall obtain all applicable acoess and grading permits from Garfield County prior to issuance of a building permit. This standard is met. 3) Design of the prcposed use is organized to minimize impact on and from adjacent userl of land through installation of screen fences or landscape materials on the periphery of the lot and by lacatian of intensively .rtilfued areas, access points, lighting and signs in such a manner as fo protect establ ished neighborhood character; Staff Comment The proposed ADU is in characterto the surrounding properties and should not advercely impact surrounding owners. lf approved, the applicants shalluse minimallighting that is shielded to prevent light trespass on other properties and is inward and downward facing towards the structure. This standard is met. Specific Special Usa Permit Standards for ADU (S 5.03.2{} 1) The minimum lat size shall be four (4) acres containing a building site with slopes less than tl0To at least two {2) acres in size. Staff Comment The property contains 23.87 acres, which exceeds the required minimum required for an ADU. The proposed building envelope for the ADU will be on a portion of the property that has no slopes exceeding 4Aa/a. This standard is met. 2 2) The gross floor area for residential use occupancy shall not exc*d 1500 sq.ft Staff Gomment The applicant has not submitted any formal building plans for the proposed ADU. The applicant is aware and has stated in the application the unit will not exceed 1,500 sq. ft. Compliance to this requirement will be reviewed at the building permit stage. This standard is met. 3) Approval from the subdivision homeownerc association andlor allowed by covenant if applicable. Staff Gomment There is no Homeowners Association for the Meyers exemption. This requirement is not applicable. 4) Proof of a legally adequatesource of water for an additional dtelling unil Staff Comment Please see previous comments conceming water. This standard is not met, 5) Compliance with the County individual sewage disposal system regulations or prcof of a legal ability to conn*t to an approved central seuvage treatnent fac i I ity. Staff Comment The applicant is proposing to use an ISDS for the ADU. The applicant shall obtain the proper ISDS permit from Garfield County should the SUP request be granted. This standard is met. 6) Only leasehold lntelesfs in the fiuelling unira- are allowed. Staff Gomment The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 7) That all construction complies with the appropriate County building code requiremenE, Staff Comment The Applicant understands that 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. This standard is met. 3. 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, convenien@, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conforman@ with the Garfield County Zoning Resotution of 1978, as amended. 4. 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, shallbe considered conditions of approval unless othenryise modified by the Board. 2. All lighting associated with the ADU shall be the minimum amount necessary. Alt exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. 3. The Applicant shall obtain the appropriate ISDS permit 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. 4. The applicant shall obtain any applicable Garfield County ac@ss and grading permits, 5. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements . 6. The gross floor area of the accessory dwelling unit shall not exceed 1,500 squarefeet. 7. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 8. Prior to issuance of this Special Use Permit, a (4) hour pump test shall be conducted on lots 1 and 2 showing the ability to meet allexisting and proposed uses as set forth in this apptication W U*4 I 4X !<, < L ci Cl- w$fr1 'fttt' lar L 4 fu*P /qr frt 4r ( 9. Prior to issuance of this Special Use Permit, the water quality for lotf 1*snal be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 5. RECOMMENDED iIOTION "l move to approve the Special Use Permit request for an Accessory Dwelling Unit for aproperty located at 36590 River Frontage Road, atso known as Par&l "1" of lhe M"y.rsExemption, with the conditions proposeO Oy Staff.,' o -l I fIECEIV cotoEAD() OtvrstoH oF B lS Cr.rarn,c. !,tr1q., Jar.tr- Eatcrqe: RECI ED wATrEr,rltf -,ulsEs -' j' ,1t d'af' frr f -- 3-:it r: llirtt E.Ef,f f&lf -U.r{[l Hlir2 l llt6 IITTR X"'JEEIliltft " rtgrltt' 14 G^* F,LE-!-u ,' EO AFftO^vtT- i - :ffiYiSimcopy _ 5I A I FilE{r Or SENEFtCtA,- UiE OF C,H.OUraD saTEE IHEilJL . -- AI{EdEMI fiT GF EIISTI!{G EEEOFD 'T1] C.OU x lare REcrsrf;Arro* ,lrfl 1[L-l ?AJ1B6 pf,RMrr HUdEEq _ 1.4?3 L-$ L6trArrcri rl, wf L r. :. Lrf i: Grse-r*r-ra--&\+r.rs^ { -Ior Fio*. .Li O3-t-l Er\rt,r^A Poa$- hC..f+or\E>AL=. C-e Yl_Q?-}_ .,'... -7 ldJ+." th+ -cll .r ecl lrM .h. arr rF.. -'hc pu-p."9 l-". i.l '1J.. i I i\ri-- lJ.t tot orrtct utf f,rt r F,'o, - - rr __::o, __,.. #{ .," 2J Jr <b) 6