HomeMy WebLinkAbout2.0 Staff Report 12.14.1998Y( Q,Vitait
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BOCC 12/14/98
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: A special use permit to allow an accessory
dwelling unit in the A/R/RD zone.
APPLICANT: Charles Griffin
LOCATION: A tract of land located in portions of Section
33 TSS, R92W of the 6th P.M.; 3925 CR 233,
Rifle Colorado, 2 1/2 miles east of Rifle, 3/4
mile north of Hwy 6
SITE DATA: 4.01 Acres
WATER: Spring
SEWER: ISDS
ACCESS: CR 233
EXISTING/ADJACENT ZONING: A/R/RD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is classified as District C, Rural Areas in the 1984 Garfield County
Comprehensive Plan. This District is characterizes as a rural area with minor environmental
constraints.
17. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located west of Silt and East of Rifle, north of 1-70 on
CR 233, Antlers Subdivision.
(See location map pg. )
B. Project Description: The proposal would allow for the placement of an accessory
dwelling unit south of the existing home. The ADU as proposed, would have a floor
• •
area of 1,248 square feet.
The proposed unit is manufactured and meets all County requirements for this type
of dwelling unit. (See Pg. /0 )
III. MAJOR ISSUES AND CONCERNS
A. Zoning: The proposal is a special use as indicated in Section 3.02.03, Uses, Special
of the Zoning Resolution of 1978, as amended.
B. Legal Access: Legal access will be provided by an access easement crossing Parcel
1, on the south, and 2 on the east, connecting with County Road 233. (See Pg%'9 )
C. Water: The applicant has a surface water right to Griffin Spring No. 3, of which
the applicant has 1\one-third interest. The right allows for augmentation water for
five (5) single family dwellings. The storage water right for the spring allows for
1.3 acre feet absolute for irrigation and for 1.3 acre feet conditional for
augmentation purposes stored in Griffen Pond 1.The right allows for 20 gpm to be
conditionally drawn from the spring. The condition of the right is to maintain full
storage of the pond and to mitigate evaporation losses occurring during summer
months which reduce flowage to the Colorado River to the detriment of
appropriators downstream. (See Pg. 13-)7)
D. Sewer: The proposed ISDS will be placed south of the proposed home. It is unclear
weather this placement will affect an adjoining well on Parcel 1. The applicant should
verify this location as suitable from a certified engineer.
State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
setback standards. If food sales are anticipated, the applicant should seek permitting
through the applicable authority.
IV. SUGGESTED 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
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed special use permit to allow
for an accessory dwelling unit is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
• •
V. RECOMMENDATION
Staff recommends APPROVAL, finding that the proposed use is in compliance with all
plans, policies, resolutions and regulations as adopted and amended by Garfield County, and
that the approval be granted with the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. That the applicant obtain written approval from a licensed engineer for placement
of the septic leach field as proposed in the application site plan.
3. The applicant shall obtain all necessary permits and all development shall comply
with the application and site plan as submitted.
3
APPLICATION
Special Use Permit •
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date:
Applicant: C�
Base Fee: $400
Address of Applicant:. 29:2E1
Ce , i Q33 (/ea,
Special Use Being Requested:F35o�`���
Zone District: '4 AZ /RD
-70)
Telephone:Cn�S -. c'5 SY
Size of Property: /771-
Application Requirements: These items must be submitted with the application
1]
Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
Date: 16-
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OC DO ENGINEERINc.7, INC.
,502 Eighth Street, Suite 325
P.O. Drawer 160
Glenwood Springs, CO 81602
(970) 945-1006 Fax 945-2977
Job Tide C \e'kti (1a%k 111L1°d Job No 9,80o - !e
by 9‘4.,0 date / 0/3 /9ak'd by date
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DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No. 97CW119
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR SURFACE WATER RIGHT, STORAGE
RIGHT AND PLAN FOR AUGMENTATION OF:
CHARLES E. GRIFFIN AND VIVIAN J. GRIFFIN
IN GARFIELD COUNTY, COLORADO
The above -entitled Application was filed in April of 1997, and
referred to the undersigned as Water Referee for Water Division No.
5, State of Colorado, by the Water Judge of said Court, in
accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1993, known as the Water Rights Determination and Administration
Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
Application are true and having become fully advised with respect
to the subject matter of the Application does hereby make the
following determination and Ruling as the Referee in this matter,
to wit:
1. The statements in the Application are true.
2. Name, address and telephone number of Applicants:
Charles E. Griffin and Vivian J. Griffin
3925 County Road 233
Rifle, CO 81650
c/o Billie G. Burchfield
Attorney for Applicants
802 Grand Avenue, Suite 305
Glenwood Springs, CO 81601
(970) 945-8818
3. No Statements of Opposition have been filed in this Case and
the Statutory time for filing Statements of Opposition has
expired.
4. Applicant has requested that the following claims be approved
by the Court:
3
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Page 3 Case No. 97CW119
Division 5 Water Court - Griffin
CLAIM NO. 1
STORAGE WATER RIGHT
5. Name of structure: Griffin Pond No. 1
6. Legal description of place of storage:
The center of Griffin Pond No. 1 is located at a point 2380
feet from the East section line and 180 feet from the South
section line of Section 33, Township 5 South, Range 92 West of
the 6th P.M.
7. Source: The source of the water is from springs tributary to
an unnamed tributary, tributary to the Colorado River.
8. Date of appropriation: April 1, 1991
How appropriation was initiated: By construction of said pond
and field investigation with professional engineer.
Date water applied to beneficial use: April 1, 1991 for
irrigation, storage, livestock watering, wet lands creation,
wildlife watering, evaporation losses and fire protection;
March 25, 1997 for augmentation purposes.
9. Amount claimed: 1.3 acre feet (AF), absolute for irrigation
and 1.3 AF, conditional for augmentation purposes.
10. Use: storage, irrigation, livestock watering, wet lands
creation, wildlife watering, evaporation losses, fire
protection and augmentation purposes with the right to fill and
refill in priority.
11. Surface area of high water line: 0.26 acres
Maximum height of dam 8 feet.
Length of dam: 200 feet.
12. Total capacity of pond in acre feet: 1.3 AF
Active capacity: 1.3 AF Dead storage 0.
13. Name and address of owner of land on which structure is
located: Applicant claims a one third (1/3) interest in the
pond and associated water right and owns 1/3 rd of the land on
which the pond is located.
• •
Page 2 Case No. 97CW119
Division 5 Water Court - Griffin
SECOND CLAIM
SURFACE WATER RIGHT
14. Name of structure: Griffin Spring No. 3
15. Legal description of point of diversion:
Griffin Spring No. 3 is located in Section 33, Township 5
South, range 92 West of the 6th P.M., at a point 660 feet from
the East section line and 850 feet from the South section line
of said Section 33.
16. Source: The source of the water is from a spring tributary to
an unnamed tributary, tributary to the Colorado River.
17. Date of appropriation: March 25, 1997
How appropriation was initiated: By an intent to appropriate
and field investigation with professional engineer.
Date water applied to beneficial use: N/A
18. Amount claimed: 0.044 c.f.s. (20 gpm), conditional
19. Use: Domestic, storage in Griffin Pond, irrigation, livestock
watering, wet lands creation, wildlife watering, evaporation
losses, fire protection and augmentation purposes.
20. Name and address of owner of land on which the water right is
located and used: Applicant.
THIRD CLAIM
PLAN FOR AUGMENTATION
21. STRUCTURES AND USES TO BE AUGMENTED:
Including the uses described above, water from Griffin Spring
No. 3 will be utilized for domestic purposes in five (5)
single family residences. This Plan for Augmentation will
augment the domestic use in five (5) single family dwellings.
• •
Page 4 Case No. 97CW119
Division 5 Water Court - Griffin
22. MATER RIGHTS TO BE USED FOR AUGMENTATION:
Applicants own one-third (1/3) of the water in the Griffin
Pond No. 1. All owners of said pond will compensate the
stream for the evaporation losses from Griffin Pond No. 1 when
the water right described above is not in -priority for Griffin
Pond No. 1. Applicants will utilize their one-third interest,
less their share of evaporation losses, in said pond for the
augmentation of five (5) single family dwellings.
23. DESCRIPTION OF PLAN FOR AUGMENTATION:
Applicants' engineer has determined that evaporation will
occur from the surface of Griffin Pond No. 1 and result in a
depletion to the Colorado River to the detriment of senior
appropriators at those times that said appropriators are not
receiving their full entitlements of previously decreed water.
At those times when it is necessary to compensate the Colorado
River for depletions for evaporation losses and domestic uses,
releases will be made from Griffin Pond No. 1 according to the
following schedule:
* **
Month Evaporation Evaporation Domestic Total
Depletion Depletion Depletion Depletion
in Inches in Acre Feet in Acre Feet in Acre Feet
January 0.93 0.020 0.0167 0.0367
February 1.16 0.025 0.0167 0.0417
March 1.99 0.043 0.0167 0.0597
April 3.49 0.076 0.0167 0.0927
May 4.91 0.106 0.0167 0.1227
June 6.18 0.134 0.0167 0.1507
July 6.33 0.137 0.0167 0.1537
August 5.31 0.115 0.0167 0.1317
September 3.87 0.084 0.0167 0.1007
October 2.52 0.055 0.0167 0.0717
November 1.38 0.030 0.0167 0.0467
December 0.93 0.020 0.0167 0.0367
Total 38.98 0.845 0.2004 1.0454
The priority awarded herein for the water right for the
Griffin Spring No. 1 can be expected to be in -priority except
for some years for the months of July, August, September and
October.
* The net evaporation losses from the surface of Griffin Pond
No. 1 (0.26 acre) has been calculated to be 38.98 inches per
surface acre per year.
• •
Page 5 Case No. 97CW119
Division 5 Water Court - Griffin
**
Based on an average occupancy of 3.5 persons per single family
dwelling, an average daily use of 100 gallons per person per
day and a 10 percent (10%) consumptive use factor utilizing
septic tank and leach fields, 5 single family dwellings will
consumptively use 0.20 acre foot of water per year which is an
average of 0.0167 AF per month.
24. The Referee, having examined the information submitted by the
Applicant, and having completed the investigations necessary to
make a determination in this matter, does therefore conclude that
the above entitled Application should be granted and that the
above-described claims should be and hereby are approved as
requested; SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF
OTHERS, and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance
with law.
25. Application for a Finding of Reasonable Diligence shall be
filed in the same month as the decree herein is entered every six
years after the entry of the Decree herein so long as applicant
desires to maintain the conditional water rights herein awarded, or
until a determination has been made that such conditional rights
have been made absolute by reason of the completion of the
appropriations, or are otherwise disposed of.
26. The Plan for Au9ulentation requested will not injuriously
affect the owner of or person entitled to use water under a vested
water right or a decreed conditional water right, and the Plan for
Augmentation is hereby granted and approved in accordance with
C.R.S. 1973, 37-92-305(3) and subject to the Court's retained
jurisdiction.
27. Applicants shall install such measuring devices as deemed
necessary by the Division Engineer to administer this plan.
28. Applicant shall develop a monthly accounting form satisfactory
to the Division Engineer.
It is accordingly ORDERED that this Ruling shall be filed with
the Water Clerk subject to Judicial review.
• e
Page 6 Case No. 97CW119
Water Division No. 5 - Griffin
It is further ORDERED that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
Dated
BY THE REFEREE:
WATER REFEREE
Water Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the
foregoing Ruling is confirmed and approved, and is made the
Judgment and Decree of this Court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the Water Judge on the question of injury to the
vested rights of others during any hearing commencing in the two
calendar years succeeding the year in which this decision is
rendered. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF
REASONABLE DILIGENCE SHALL BE
Dated
Water Judge
• •
Page 6 Case No. 97CW119
Water Division No. 5 - Griffin
It is further ORDERED that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
Dated September 23, 1997
Copy of the foregoing filed to IsU
Counsel of record -Nater
Referee, ---Div. Eeer4nd3,g�
Stat ineer---Date 9
(Deputy Cleric. WAttor ntv. Na 6 /t
BY THE ; s,• E :
WATER RE EREE
Water Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the
foregoing Ruling is confirmed and approved, and is made the
Judgment and Decree of this Court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the. Water Judge on the question of injury to the
vested rights of others during any hearing commencing in the two
calendar years succeeding the year in which this decision is
rendered. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF
REASONABLE DILIIG,ENCE SHALL BE OCTOBER 2003
Dated l � ` /77/
Copy of the foregoing mane;;
Counsel of record'.'ater
Referee, ---Div. Engineer -and
State En9ineert/Date !o -
DIV
Cie4. leiter Dty. No. 5
Water Judge
• •
GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit
Assessor's Parcel No.
2681
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
Phone (303) 945-8212
INDIVIDUAL SEWAGE DISPOSAL PERMIT
PROPERTY
This does not constitute
a building or use permit.
PS- S-li,
Owner's Name Charles es Grii.fin Present Address 3925 CR 233,Rifle Phone 625-2052"
System Location �� ��3 County Road 233, Rifle
Legal Description of Assessor's Parcel No
SYSTEM DESIGN
/67'167Septic Tank Capacity (gallon)
Air � c' ''Other
Percolation Rate (minutes/inch) Number of Bedrooms (or other)
j"/n/ ? /'f/ v 796 42%' Rede Le-4-ew A a, i a / x /
Required Absorption Area - See Attached
24 6w/.3 /NFi4-7,2 TVR 02 Bee — i�GUs�,Q ov/i3. 6-9Y40
Special Setback Requirements:
Date / " gee
Inspector
FINAL SYSTEM INSPECTION AND APPROVAL (as installed)
Call for Inspection (24 hours notice) Before Covering Installation
System Installer
Septic Tank Capacity
Septic Tank Manufacturer or Trade Name
Septic Tank Access within 8" of surface
Absorption Area
Absorption Area Type and/or Manufacturer or Trade Name
Adequate compliance with County and State regulations/requirements
Other
Date Inspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
*CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter
25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con-
nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a
requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material
variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine — 6
months in jail or both).
White - APPLICANT Yellow - DEPARTMENT 0
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