The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 12.06.2004• • Exhibits for Lippitt Public Hearing held on December 6th, 2004 E A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application E Staff Memorandum • • BOCC 12/06/04 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for an Accessory Dwelling Unit (ADU) APPLICANT / OWNER Thomas & Elizabeth Lippitt LOCATION SITE DATA ACCESS WATER SEWER PARCEL ID NUMBER EXISTING ZONING Lot 3 of the Dooley Subdivision Exemption, approximately halfway between Silt and Rifle, north of I-70 in "Cactus Valley" 8.81 acres CR 225 (Antler's Lane) Well w/ Augmentation Contract ISDS (Individual Septic Disposal System) 2179-061-00-683 ARRD (Agricultural / Residential / Rural Density) b 1 0 4� 4 0 v 13 3 14 641 22 579 635 T.OT 1 ) 71- 03 Ln \ 21 Q 582 569 r 0 0 y CY7 O CO C Cd 37 c J � Co1 065 LOT 2 r---1:8-- 6 487' �--- 1 • • I. DESCRIPTION OF THE PROPOSAL The Applicant requests the Board grant a Special Use Permit for an Accessory Dwelling Unit (ADU). The property is located approximately three (3) miles west of the Town of Silt, on the east side of CR 225 and approximately one (1) mile north of the Colorado River. The subject property is predominately hayfields. The properties located in the area are generally large rural lots used in a residential or agricultural capacity. The Applicant has obtained a building permit for a 1,200 square foot dwelling unit above a garage on the property. The upper floor proposed for the ADU is comprised of an open living area / kitchen, two bedrooms, full bath, and laundry room. This is shown in the floor plan to the right. The Applicant would like to obtain a Special Use Permit to convert the use of the dwelling to an ADU so that a larger primary dwelling can be built on the same property. II. APPLICABLE REGULATIONS 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. Impacts are generally expected to be minimal due to the large lot size and the fact that the structure is already in place on the property. 4'.0 15'16'. ..........:.7:21117' LAUNDRY S' -e" x 12'-4" MASTER Bt)RM tz.11"x14'.0" BATH 8'-5"xT-? tfx'4v Napoleon 1400PL EPA Woodburning Stove LMNG 18'-3' Safety Gazing KITCHEN 13 A" x DECK 2776' x 0"4" ( Egress } BEDROOM 10'-711x.7. OPEN BELOW I 7g•.rx:c.o^ 4 Pursuant to the Zoning Resolution, an ADU is a special use in the ARRD zone district pursuant to Section 3.02.03. The application must address the general requirements in Section 5.03 as well as the specific Special Use Permit standards that apply to ADUs in Section 5.03.21. The requirements / standards are listed below in bold italics followed by a Staff response. 2 • • A. General Special Use Permit Requirements (Section 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 Finding The property has a well permitted by the State Division of Water Resources under permit #60341— F. In addition, the Applicant has obtained an augmentation contract from the West Divide Water Conservancy District for 1 -acre foot of water so that an additional dwelling could be served by the existing well. The well permit has been amended to contemplate two residential dwellings on the property. As a result, there appears to be adequate legal water supply for both dwelling units. The Applicant has applied for an ISDS permit from the Building and Planning Department. It should be noted, during the planning review for the creation of this Lot 3 of the Dooley Exemption, Staff indicated that the soils information submitted by the Applicant indicated potential for shrink -swell and low -strength limitations for dwellings and the potential for slow percolation rates for individual sewage disposal systems. As a result, the Board of County Commissioners required that the following plat note be placed on the final plat: "Soil conditions on the site may require engineered septic systems and building foundations." Should the Board approve this SUP request for an ADU, Staff recommends that this same language be included as a condition of approval. 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 Finding Direct access to the ADU will be from a private easement from CR 225. The County Road and Bridge Department reviewed the request and has determined that an additional driveway permit is not required. 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 The proposed use is to be located on the second floor of an existing garage located on a lot containing 8.8 acres. The garage sits approximately 560 feet back from County Road 225. The conversion of the garage will not adversely affect adjacent lands and does not detract 3 • • from the relative rural nature of the property. Should the Board approve the request, Staff suggests all lighting associated with the structure be directed inward and downward towards the structure. This standard is met. B. 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 8.81 acres which exceeds the minimum required for an ADU and the area proposed for the location of the ADU. Further, the property is relatively flat and does not contain slopes near 40%. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft Staff Finding The Applicant proposes an ADU that contains no more than 1,200 square feet. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding There are no subdivision covenants for this property. This standard is met. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding The property has a well permitted by the State under permit #60341 — F. In addition the Applicant has obtained an augmentation contract from West Divide Water Conservancy District for 1 -acre foot of water so that an additional dwelling could be served by the existing well. The well permit has been amended to contemplate two residential dwellings on the property. As a result, there appears to be adequate legal water supply for both dwelling units. 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 The Applicant has applied for an ISDS permit from the Building and Planning Department. It should be noted, during the planning review for the creation of this Lot 3 of the Dooley Exemption, Staff indicated that the soils information submitted by the Applicant indicated potential for shrink swell and low strength limitations for dwellings and the potential for 4 • • slow percolation rates for individual sewage disposal systems. As a result, the Board of County Commissioners required that the following plat note be placed on the final plat: "Soil conditions on the site may require engineered septic systems and building foundations." Should the Board approve this SUP request for an ADU, Staff recommends that this same language be included as a condition of approval. 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. 7) That all construction complies with the appropriate County building code requirements. Staff Finding 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. III. 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. IV. 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 specifically altered by the Board of County Commissioners. 5 • 2) All lighting associated with the Accessory Dwelling Unit 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 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. Further, soil conditions on the site may require engineered septic systems and building foundations. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for Lot 3 of the Dooley Subdivision Exemption owned by Thomas & Elizabeth Lippitt with the conditions proposed by Staff." 6 30' 0" 9' 0 15/16" 7'-2 1/16" 13' 9" 4040 8' 7 7/16" N co o LAUNDRY 8'-6" x 17-4" LOSET '-9" x 6'-11"- 1 /. 22 1/2" c Access 662 MASTER BDRM 12'-11" x 14'-0" O 1 BATH 9.-5" x T-7" C0 2'.' O in �o l/r Napoleon 1400PL EPA �Woodburning Stove BEDROOM 10'-7" x 12'-7" LIVING 15-8" x 18'-3" 0 0 Safety Glazing KITCHEN 13'-0" x 11'-7" 6065 DN OPEN BELOW 16'-7" x 4'-0' DECK 29'-6" x 7'-4" l� art