HomeMy WebLinkAbout2.0 BOCC Staff Report 08.20.2007BOCC Exhibits (812012007)
Exhibit
Letter
{Ato Z)
A Proof of Mail Receipts
B Proof of Publication
C Garfield county Zoning Regulations of 1978, as amended (the Zoning code)
D Staff Memorandum
E Application
F Memo from Jake Mall of the Garfield County Road and Bridge Department, dated
July 12,2007
G Memo from Brit Mclin of the Burning Mountain Fire Protection District, dated
July 12,2007
trxhibit
BOCC 812012007 DP
JANICE LEIGH HUNT - 3531 COUNTY ROAD 331 . ADU
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT / OWNER
LOCATION
SITE DATA
ACCESS
WATER
SEWER
EXISTING ZONING
Special Use Permit for an Accessory Dwelling
Unit (ADU)
Janice Leigh Hunt
3531 County Road 331 (Dry Hollow), Silt
36.28 Acres
County Road 331
Existing Well (Permit No. 205439)
ISDS
ARRD
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 36.28 Acre parcel, described as
3531 County Road 331 (Dry Hollow) and located south of the Town of Silt. The proposed
ADU is to be a new free standing unit. The driveway is to utilize an existing driveway cut off
County Road 331 and will be used as access to the proposed ADU.
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2. Referrals:
Burninq Mountain Fire Protection District:
Garfield Countv Road and Bridqe Department:
Town of Silt
(See Exhibit G)
(See Exhibit F)
No Comments Received
3. APPLICABLE REGULATIONS
A. Special Use Permits are subject to the standards set forlh in $5.03 of the Zoning
Resolution. This section states that utilities adequate to provide water and sanitation
seryice, street improvements, and design of the proposed use to minimize impact
through various means shall be provided if found necessary.
B. Zoninq Resolution: An ADU is a special use in the ARRD district pursuant to g 3.02 of
the Zoning Resolution of 1978, as amended. The application must address the
general SUP review requirements in Section 55.03 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 Water Decree Case Number 04CW199 (Well Permit Number
205439) forthe Doll Well which was signed on January 6,2006. This ruling allows for
household use in 3 residential dwelling units.
ln addition, the Applicant has provided a Pump lnstallation and Test Repofi which was
conducted on March 18, 1999 by Samuelson Pump Co. lnc. The report indicates that at
the time of completion, the well was producing 15 gallons per minute.
The Applicant is proposing to install a new ISDS for the ADU. At the time of building
permit for the Accessory Dwelling Unit, the Applicant shall obtain an ISDS permit from
Gar-field County with adequate capacity to provide sewage and wastewater treatment for
the new Accessory Dwelling Unit.
This standard is met.
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 be from an existing driveway which is to serve both
the future ADU and existing primary dwelling unit. This driveway is accessed from County
Road 331. Gafield County Road and Bridge has indicated that they have no objections to
the application as long as all driveway permit requirements are met (See Exhibit F).
This standard is met.
3) Design of the proposeduse is organized to minimize impact on and from
adiacent uses of land through installation of screen fences or landscape
materials on the periphery of the lot and by location of intensivety utilized
areas, access points, lighting and signs in such a manner as to protect
establ ished neighborhood character;
Staff Comment
The proposed ADU is in character to the surrounding properties and should not adversely
impact surrounding owners. lf 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 buitding site
with slopes /ess than 40o/" at least two (2) acres in size.
Staff Comment
The property contains 36.28 acres, which exceeds the minimum required for an ADU (4
acres). The proposed ADU will be on a poftion of the property that has no slopes
exceeding 40%.
This standard is met.
2) The gross floor area for residential use occupancy shatl not exceed ISOO
sq.ft.
Staff Comment
The applicant understands that the Accessory Dwelling Unit cannot exceed 1500 square
feet.
This standard is met.
3) Approval from the subdivision homeowners association and/or allowed
by covenant if applicable.
Staff Comment
There is no 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 Water Decree Case Number 04CW199 (Well Permit Number
205439) for the Doll Well which was signed on January 6, 2006. This ruling allows for
household use in 3 residential dwelling units.
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 faci I ity,
Staff Comment
The Applicant is proposing to install a new ISDS for the proposed ADU. At the time of
building permit forthe Accessory Dwelling Unit, the Applicant shallobtain an ISDS permit
from Garfield County with adequate capacity to provide sewage and wastewater treatment
for the new Accessory Dwelling Unit.
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.
7) That all construction complies with the appropriate County building code
requiremenfs.
Staff Comment
The Applicant is required to obtain a valid building permit from the Garfield County
Building Depafiment for the new Accessory Dwelling Unit. ln addition, this Accessory
Dwelling Unit will be required to meet all applicable federal, state and local regulations.
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 peftinent 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 GarJield 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 othenruise 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 propefty
and be downward facing towards the structure.
3. The applicant shall obtain any applicable GarJield County building permits, grading
permits and access permits.
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 Accessory Dwelling Unit, the Applicant shall
obtain an ISDS permit f rom Garfield County with adequate capacity to provide sewage
and wastewater treatment for the new Accessory Dwelling Unit.
4. RECOMMENDED MOTION
"l move to approve the Special Use Permit request for an Accessory Dwelling Unit for a
propefty described as 3531 County Road 331 (Dry Hollow) and located south of the Town of
Silt with the conditions proposed by Staff."
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: July 12,2007
Comments Due: August 81 2007
Name of application: Hunt, Janice Leigh
Sent to:
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: David Pesnichak
109 Sth Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objections to
this application with the following comments.
Count access
found we
would request a new driveway access permit be issued with conditions specific to the
driveway access location. If an original drivewa), access permit can be produced we
would request that the driveway access in place be improved to include a paved or
at iving surfr . The width of t
ay access w asitisi
The addition U will on Cr. 331..or on the traffi
Name of review agency: Garfield County Road and Bridge Deot
By: Jake B. Mall Date July 17.2007
Revised 3/30100
Buming Mountains Fire protection District
12 July 2007Garfield County Building and planning Depr.
108 gd'st suite +ol
Glenwood Springs CO 8160I
Regarding the proposal for the Hunt ADU:
Burning Mountains Fire has no comment on this application.
RECEIVED
JuL 1 6 2007
8.i$,fe?rfiH't,I[
President Adria Milton-Biier
Vice President, Mary L. Haggart
Secretary, Marc Jaffrey
Treasurer, John W Gredig
Direc,tor, Bob Thrower
Fire Chief, Brit Mclin
hr: miqgmntsllld (g!)tnsn. conr
EXHIBIT
7'd NLLZ,-9L8-OL6 u I urpu e8o:oI L0 9I Int.
t)A ,/1,'t l/
August L5,2007
David Pesnichak
Garfield CountY Planning DePt
1oB Bth st.
Suite 401
Glenwood Springs, CO 81601
REF: Special Use Permit for l. Hunt at 3531 Cty Rd 331
Dear Mr. Pesnichak:
We would like to present this letter in support of Ms. Hunt's request for a special
use permit. She has couteously presented her plans to us, and has asked for
our concerns and inPut.
We feel the proposed house will be an asset to our neighborhood. It is a breath
of fresh air compared to the recent trailer and tent camps, and the mgss
destruction of the gas well industry. We would encourage the Commissioners to
approve this plan. It is curious, though, that we do not get a notice asking our
opinion on the placement of gas wells or their roads'
Very trt/y yours,-
A\-./J^. g- >-'--,rz4qM.
cregdry a6o rqary Ann Schellitg
0133 Owens Drive
Silt, Garfield CountY, CO