The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 10.15.2007BOCC Exhibits ( 10115/2007) ·Exhibit ,. Exhibit · , , -; \ Utter , .. · (A to Z) A B Proof of Publication c D Staff Memorandum E A lication . {'7S-~ Cl/ ~'7~ \ -3s. Y-cr,-e perr~/ 1 '../ ~i\-/_,f/f,.z 110--;.-tff /_e-~ f::>,,, '/f --0 /9tP 7' ~ ;;,l t,; ~ ..b"' t4 J"Jt'"" F/' ._, V t.~ , ;,,, ,,: >{,..-e L>f?ol'.M,i-l,~<{O°tr l,s~,-'('~/ ~/( ~4-v-t,'l- r ~.5 vf'c/ o /1 'J-V,,.,e I¢-; z co 1- L > ~-:s...o..s -L .S-sp (~'°/~, '-/-e J-~_/,f-? /°!' ~ #' /U't'c.../ 4 ()'~_ti.()~ -r;s-&-.5'9 ...... 1-=-c-e fl Qt::>,,~,,,~ L>""" (/,,, (, Is.-,, ? 0(1 -;J. I L/..l's.DS ... tH(J 0 ·UA,c;,/ ~be-~ co~c/,,,-~ 7., t.7 t>r,.,.,.,,.~ 5~ -------------.. L;> Co~ i,~ c!?---r,,,r../ ~ 1:s.rc;c-ice er-T-...5c/~- p/ov.1 e4: (~;41>./ .51'-~\ry Co/ore-,~ / ~, 3 ,r..,.,-.,t "'1J -~ ri-)! t.,....-. -f' / 'J v p (e-CC./l'll'A T bv•//~tl Cc>~ 4-fPl.rc~ f-c-/l~/5~~..r .~ ' Cr /1"70--f <=>-t-r~c:Y( ( .5'> t? 9J? -o.lfj /Pasi0~~ld .. /?;;.~~J'6 t?-t"44~ef BOCC 10/15/2007 DP CRONE-ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT I OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Carmon and Linda Crone 758 County Road 296, Rifle, Colorado 35.8 Acres County Road 296 Existing Well (Permit No. 274097) New Well (Permit No. 65859) ISDS ARRD '· I "..:-;~:::&'I ' ""'---~"-~~ ~"-·- ~~~~~~~- r·.··•;;,.,;,;I I 1. 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 on a 35.8 Acre parcel, described as 758 County Road 296 and located north of the City of Rifle. The proposed ADU is an existing 1107 square foot stand alone dwelling unit built in 1909. The driveway exists and is located off County Road 296. The Applicant is proposing to gain an Accessory Dwelling Unit permit for the existing home on the property in order to build a new primary dwelling unit on the property in the future. Proposed Site Plan 2 HIGH WATERTABLE -·-""' ::::l:::......., ........ 0 Crone -ADU -SUP Hazards Map 335 670 1,340 Feet 3 2. Referrals: City of Rifle: No Comments Received 3. 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 service, 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 ARRD district pursuant to§ 3.02 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 §5.03.21. These standards are listed below in bold italics followed by a Staff comments. General Special Use Permit Requirements (§ 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 has provided well permit number 274097 which was issued June 18, 2007. This permit allows for household use in 1 single family dwelling unit, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 20,000 square feet of home gardens and lawns. This historical use permit serves the existing home on the property and is anticipated to continue to serve the same unit as an ADU if this Special Use Permit is approved. In addition, the Applicant has provided well permit number 65859-F which was issued June 18, 2007. This permit allows for household use in 1 single family dwelling unit, the watering of five domestic animals, and the irrigation of not more than 6,000 square feet of home gardens and lawns. This well is to serve the new primary dwelling unit. The Applicant is proposing to install a new ISDS for the new primary dwelling unit while maintaining the existing ISDS for the proposed ADU. At the time of building permit for the new primary dwelling unit, the Applicant shall obtain an JSDS permit from Garfield County with adequate capacity to provide sewage and wastewater treatment for the new primary dwelling unit. The proposed ADU is to be served by its existing ISDS (permit number 2856 and issued on December 22, 1997). Due to high water tables in the area of the new primary dwelling unit (see Hazards Map above) Staff recommends that the ISDS for the new primary dwelling unit be designed by a Colorado registered engineer. This standard is met. 4 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 Comment Main access to the proposed ADU will tie from an existing driveway which accesses County Road 296. The Applicant is proposing to construct a new driveway off County Road 296 for the new primary dwelling unit. 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 Comment The proposed ADU is in character to the surrounding properties and should not adversely impact surrounding owners. If approved, the Applicants shall use minimal lighting 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 Use Permit Standards for ADU (§ 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 Comment The property contains 35.8 acres, which exceeds the minimum required for an ADU (4 acres). The proposed ADU will be on a portion of the property that has no slopes exceeding 40% (See Hazards Map above). This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Comment The Applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square feet. The Applicant has stated and the Garfield County Assessors data confirms that the total square footage of the proposed ADU is approximately 1100 square feet. This standard is met. 5 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Comment There is no known Homeowners Association or restrictive covenants on this parcel. This requirement is not applicable. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Comment The Applicant has provided well permit number 274097 which was issued June 18, 2007. This permit allows for household use in 1 single family dwelling unit, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 20,000 square feet of home gardens and lawns. This historical use permit serves the existing home on the property and is anticipated to continue to serve the same unit as an ADU if this Special Use Permit is approved. In addition, the Applicant has provided well permit number 65859-F which was issued June 18, 2007. This permit allows for household use in 1 single family dwelling unit, the watering of five domestic animals, and the irrigation of not more than 6,000 square feet of home gardens and lawns. This well is to serve the new primary dwelling unit. This standard is met. 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 Comment The Applicant is proposing to install a new ISDS for the new primary dwelling unit while maintaining the existing ISDS for the proposed ADU. At the time of building permit for the new primary dwelling unit, the Applicant shall obtain an ISDS permit from Garfield County with adequate capacity to provide sewage and wastewater treatment for the new primary dwelling unit. The proposed ADU is to be served by its existing ISDS (permit number 2856 and issued on December 22, 1997). Due to high water tables in the area of the new primary dwelling unit (see Hazards Map above) Staff recommends that the ISDS system for the new primary dwelling unit be designed by a Colorado registered engineer. This standard is met. 6) Only leasehold interests in the dwelling units are allowed. Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. This standard is met. 6 7) That all construction complies with the appropriate County building code requirements. Staff Comment The Applicant is required to obtain a valid building permit from the Garfield County Building Department for the new primary dwelling unit. In addition, the Accessory Dwelling Unit is required to meet all applicable federal, state and local regulations. If this Special Use Permit is approved, the Applicant shall obtain a letter from a Colorado registered engineer stating that the existing structure proposed to be the new ADU complies with all current building codes. This letter shall be provided to the Garfield County Planning Department prior to issuance of the Special Use Permit. This standard is met. 2. 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, 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. 3. 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, 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. All 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 any applicable Garfield County building permits, grading permits and access permits. 7 4. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 5. The gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. 6. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 7. At the time of building permit for the new primary dwelling unit, the Applicant shall obtain an ISDS permit from Garfield County with adequate capacity to provide sewage and wastewater treatment for the new primary dwelling unit. Due to potentially high water tables in the area, this ISDS shall be designed by a Colorado registered engineer. 8. Prior to issuance of the Special Use Permit, the Applicant shall provide a letter stamped by a Colorado registered engineer stating that the proposed Accessory Dwelling Unit meets all current Garfield County building codes. 4. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property described as 758 County Road 296 and located north of the City of Rifle, with the conditions proposed by Staff." 8