HomeMy WebLinkAbout2.0 BOCC Staff Report 06.05.2000BOCC 06/05/00
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST: A request for review of a Special Use Permit to
allow an Accessory Dwelling Unit.
APPLICANT. Donald Smith.
J,OCATION: Tract 22, Amended Final Plat, Tracts 5, 11, 12, 21,
22, 27, 28, 37, 38 & 43, Antlers Orchard
Development Company, Section 6, Township 6
South, Range 92 West of the 6th PM..
Approximately 1.5 miles northwest of Rifle, off of
County Road 225.
,SITE. DATA: 9.367 acres. Lot is currently vacant.
ACCESS.
WATER
SEWER
J3X1ST1NG ZONING:
SURROUNDING ZONING:
Twenty-five foot (25') platted access easement off
of County Road 225.
Single well to be shared by primary and accessory
dwelling unit.
ISDS.
A/R/RD
A/R/RD
I. INTRODUCTION/DESCRIPTTON OF THE PROPOSAL:
The applicant, Donald Smith, has approached the county to receive a Special Use Permit
for the purpose of allowing an Accessory Dwelling Unit. The subject propaty is
currently vacant and is accessed via a twenty five foot (25') platted access easement off
of County Road 225. The applicant wants to build an Accessory Dwelling Unit,
approximately 934 square feet in area within a portion of a steel building (also to be
built). The rest of the steel building is to be used for storage and as a shop. A building
permit will have to be obtained for the building including the Accessory Dwelling Unit.
This Accessory Dwelling Unit is to be lived in during the construction of the primary
dwelling unit on-site. Thus, the applicant is applying for a Special Use Permit for an
Aceessory Dwelling Unit to be able to live in the Accessory Dwelling Unit now (once
built), and retain it once the primary dwelling unit has been built.
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II. RELATIONSHIP TO THE COMPREHENSIVE PLAN
This application appears to be in compliance with the Garfield County Comprehensive
Plan, 1984, as amended.
III. GARFIELD COUNTY ZONING RESOLUTION
Section 3.02 A/R/RD - Agricultural/Residential/Rural Density allows Accessory
Dwelling Units as a Special Use.
Section 5.03 Conditional and Special Uses states:
As listed under Zone District Regulations, conditional and special uses shall conform to
all requirements listed thereunder and elsewhere in this Resolution plus the following
requirements:
(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;
A well permit (Permit # 052798) for one single family dwelling and one
accessory dwelling unit has been submitted by the applicant. ISDSs are proposed
and must meet the requirements of Section 5.03.21 (5) as described below.
Prior to the issuance of a Special Use Permit and any building permits for the
Special Use, the applicant must demonstrate the following for the well on-site:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
4. A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
5. An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6. The water quality tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
(2) Street improvements adequate to accommodate irafc 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;
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(3)
The property is accessed by a twenty-five foot (25) platted access easement.
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.
The neighborhood character is rural residential.
Section 5 03 21 Accessory Dwelling Unit:
(1)
(2)
(3)
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.
The subject lot is in excess of four (4) acres (it is 9.367 acres in size), and the lot
contains a building site with slopes less than 40% at least two (2) acres in size.
The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.
The proposed Accessory Dwelling Unit is approximately 934 square feet in area.
Approval from the subdivision homeowners association and/or allowed by
covenant if applicable.
The applicant has stated that no Home Owner's Association exists. However,
there are covenants which allow for a guest house. Although Guest House and
Accessory Dwelling Unit are different in definition with regard to county
regulations, they were likely the same with respect to the covenants.
(4) Proof of a legally adequate source of water for an additional dwelling unit.
A well permit, permit number 052798, has been submitted which allows for a
primary and accessory dwelling unit with a water allotment contract. An
approved water allotment contract from West Divide Water Conservancy District
has also been submitted.
(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.
This means that an adequate single ISDS can be constructed to serve both the
primary dwelling unit and accessory dwelling unit, or, two (2) separate adequate
ISDSs may be constructed, one for the primary dwelling and one for the accessory
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dwelling. Domestic waste water camiot exceed 2000 gallons per day (gpd) on any
individual lot regardless if there is one or two ISDSs. if domestic waste is to
exceed 2000 gpd on any lbt, state approval would be required. This will be a
condition of approval of this Special Use Permit.
(6) Only leasehold interests in the dwelling units is allowed.
This will be a condition of approval of this Special Use Permit.
(7) That all construction complies with the appropriate County building code
requirements
This will be a condition of approval of this Special Use Permit. Building permits
will have to be obtained for any primary and/or accessory dwelling unit to be built
on the subject property.
IV. SUGGESTED FINDINGS:
That proper posting and 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 alt 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.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions of approval:
1. That 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.
2. Section 5.03.21 of the Garfield County Zoning Resolution, 1978, as amended be
complied with.
3. Prior to the issuance of a Special Use Permit and any building permits for the
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Special Use, the applicant must demonstrate the following for the well on-site:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the welt, the
characteristics of the aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
4. A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
5. An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6. The water quality tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
4. Any violation of the terms, interpretations or agreements made or represented to
Garfield County by the applicant pertaining to or included in this special use
permit, shall be considered a breach of the terms of conditions and the applicant
shall cease and desist all activities and may be subject to revocation of the special
use permit.
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