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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.19.2005Exhibits for the Public Hearing before the Board of County Commissioners September 19, 2005 for the Special Use Permit to allow an Accessory Dwelling Unit. ApplicantJOwners: Tim and Donna Hohon Staff: Richard Wheeler Exhibit Letter (AtoZ) Exhibit A Mail Receipts B Proof of Publication C Garlreld County ZomngResolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Staff Report dated 9-19-05 G Application for the Special Use Permit - ADU H Letter dated 7-18-05 From Tim Hohon I Letter dated 8-17-05 From GarCo Planning Staff :T-lL+W bA{*., q-ry-oS M BOCC:9-19-2005 RW PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER PARCEL ID NUMBER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Tim and Donna Hohon 2350 CR 226 20.07 Acres Private Drive from CR 226 Silt Farmers lrrigation Water ISDS (lndividual Septic Disposal System) 212711100150 ARRD (Agricultural / Residential / Rural Density) I. DESCRIPTION OF THE PROPOSAL The applicant requests the Board of County Commissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located south of the existing Hohon residence. The existing home and proposed ADU is approximately T, mile off CR 226, accessed by a private drive. The property is approximately 20.07 acres. Presently, there is only one residence on the property. The location of the proposed ADU will meet all respective setbacks for the ARRD zone. Tim and Donna Hohon, owners of the property, are proposing to have the ADU constructed approximately 250 feet from the existing house. The proposal is for an additional dwelling unit and a two car garage. As represented by the applicant, the proposed ADU will be no more than 1,500 square feet, and will be slightly visible to one neighbor II. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in $ 5.03 of the Zoning B. 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. Zoning Resolution: An ADU is a special use in the ARRD zone district pursuant to $ 3.02.03oftheZoningResolutionof 1978,asamended. Theapplicationmustaddress the general SUP review requirements in Section 5.03 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 (S 5.03) 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 Comment The applicant is proposing to serve the ADU with water rights from Silt Farmer's lrrigation Water. lrrigation water is not a perpetualsource of water. The applicant has stated that a 9000 gallon cistern will be used to store water in the event there is no irrigation water available. A cistern is acceptable if the applicant can prove there is a perpetualwater source to fill the tank. The applicant has stated they will haul water from either the Town of Silt or Rifle. The applicant has not been able to submit any written commitment from either of the towns to provide water in perpetuity. Perpetual and adequate water has p! been shown by the applicant. This standard is not met. (Please see Exhibit H - Letter from Mr. Hohon and Exhibit I - Staff Response.) For sanitation service, the applicant is proposing an ISDS. The proposed ADU will be served by electric power from Xcel Energy. The applicant has not submitted any information regarding the availability of natural gas, telephone, and internet service. 2) Street improvements adequate to accommodate traffic volume generated by tle 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 private drive. This existing private drive is accessed from CR 226. The applicants are proposing to continue the driveway further south to access the proposed ADU. lf the ADU is approved, the applicants shall obtain all applicable access and grading permits from Garfield County prior to issuance of a building permit. This standard is met. 3) Design of the proposeduse 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 fo protect established neighborhood character; Staff Comment The proposed location of the ADU is south of the existing residence and will be slightly visible to one neighbor. The applicant is not proposing any landscaping or screening of the ADU from neighboring property owners. This standard is not met. Specific Special Use Permit Standards for ADU (S 5.03.21) 1) The minimum lot size shall be four (4) acres containing a building sife with slopes less than 40%o at least fruo (2) acres in size. Staff Comment The property contains20.07 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 40%. This standard is met. 2) Ihe gross floor area for residential use occupancy shall notexceed 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 homeowners association andlor allowed by covenant if applicable. Staff Finding There is no Homeowners Association forthe subject property. This requirement is not applicable Iil. 4) Proof of a legally adequatesource of water for an additional dwelling unit. Staff Comment The applicant is proposing to serve the ADU with water rights from Sift Farmer's lrrigation Water. lrrigation water is not a perpetualsource of water. The applicant has stated that a 9000 gallon cistern will be used to store water in the event there is no irrigation water available. A cistern is acceptable if the applicant can prove there is a perpetual water source to fill the tank. The applicant has stated they will haul water from either the Town of Si[ or Rifle. The applicant has not been able to submit any written commitment from either of the towns to provide water in perpetuity. Perpetual and adequate water has not been shown by the applicant. This standard is not met. 5) Compliance with the County individual sewage disposa/ sysfem regulations or proof of a legal ability to connect to an approved central sewage treatment facility. Staff Comment The applicant is proposing to use an ISDS for the ADU. The applicant shall be obligated to obtain the proper ISDS permit from Garfield County should the SUP request be granted. This standard is met. 6) Only leasehold interesb in the dwelling units are allowed. Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 7) That alt construction complies with the appropriate County building code requiremenfs. 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 shallbe considered a condition of any approval by the Board of County Commissioners. This standard is met SUGGESTED FINDINGS That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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 1. 2. interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. IV. RECOMMENDATION Staff recommends DENIAL, with the following comments: 1. The applicant has not shown the proposed ADU will be provided with a perpetual and adequate source of water. 2. The applicant is not providing any landscaping or fencing from adjoining property owners. 1,0* ot\'klN h t- e*srw4 1, lrea*r w+14 ntll ttrr* edz ",,t*' w ttt\ fu ft//a"*k"t/, fra) $occ ht14 Ze@rapl4&; tptts{-fi"-' W**o ryoc tfdryl/ I all'l,.,'n / 4'1"7 , L*t*l ,z a I 4 ft""r'// t+w/- - '/uo r?' f(t u isrr .--' -f s,*;#;q prttt k14 SrJr ./A, nOe Jtily 18,2ffi5 To $fllrocr It May Concern: Enclosed with my application was a eopy of my shares of Farmer's inigdion wser of which I legally own. Each share is equivalent to one acre foot of water e+Bling approximately 365,ffiO galloas of water. I have used this wettr for both domcstic use and to irrigate my land. In twenty five years of trsing this water I have never ruo out I hme pposed to build a 9,000 gallon watsr cistern for wiater use. If necessary, domestic xdtr vyill be hauled from either Rifle or Silt to supplernent our winter neds. My family has uscd this water and this system for many years and have ncver been without domstic rxrater. Respctively, Tirn Hohon RECEIVED JUL 2 0 2005 sfiffiffi*f,ffi_^IilI EXHIBIT g006 Gaffield Coun$ BUILDING & PLANNING DEPARTMENT August 17,2005 Tim and DonnaHohon 2350 CR226 Rifle, CO 81650 RE: Special Use Permit requestfor Accessory Dwelling Unit (ADU) DearMr. and Mrs. Hohon, After further review of your application, staffstill has concerns with the ability to serve physical, legal, and adequate water to the proposed ADU. lrrigation water shares are not a source ofperpetual water. you have stated that if irrigation water does not provide water to your residence and the proposed ADU, you will haul water from Silt or Rifle to be used in a 9,000 gallon cistern. Before staffcan consider recommendation of approval for your proposed ADU, you will needto submit a letter from Silt or Rifle stating their ability to provide supplemental water, in perpetuity, for your cistem. Do not hesitate to contact this office in the event you have any questions' Best regards, Richard Wheeler Senior Planner EXHIBIT U5oa 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax (970) 384-3470 September 14, 2005 To Whom lt May Concern: There are twelve single family dwellings that are within % mile of my house. All twelve homes only source of water is the Grass Valley canal. Two of these homes have been built in the past year and their only reliable, useable source of water is the Grass Valley canal. Some families have choosen to pay a commerciat domestic water supplier and others like myself, have not. This year we have come out of the period of decreased snow and rainfall dating back to 1991. I personally have not hauled a drop of water for the past seven yearc; wtrich have been the driest, in this period. I have developed my water resources carefully. I have a large cistern and a very efficient home using less than 1,000 gallons a month domestically, I also have a large pond which has been used in the past for domestic water. Rifle, Silt, New Castle, Glenwood Springs, and No Name have all historically provided for many years pump stations where water can be purchased. Your request that I submit a letter from Silt or Rifle stating their ability to provide supplemental water, in perpetuity, is unreasonable. According to the Webster's Dictionary perpetual is an adjective which means continuing forever or indefinitely; uninterrupted time. I submit to you that my water supply from East Rifle Creek which feeds Grass Valley Canal is as reliable and has historically flowed as long as the Colorado River. ! also submit that I do not wish to be dependent on any municipality for my water and as demonstrated by the recent events in Louisiana and Mississippi this is a wise choice. ln conclusion, Mr. $lheeler has suggested that this supply is not adequate for an ADU. What is confusing to me is if a cistem system is adequate for a single dwelling unit then it must be adequate for an auxiliary dwelling unit. Respectfully, -- ''- {- tfin-Hotron 2350 County Road 225 Rifle, C0 81550 050g EXHIBIT-5