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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. J! ':','S ', ', rl ' , !-t tJvlrErE*=.E I F,l E r; =ia*\;' Proposed Site Plan {t Er:?lfrr <-f', \h\.,\'rtJ i ', .:iti.l:'" ': '\ fr.' .'r, \r'. .1 ''.,:r,".'r,:: \''',' \.1ti1,,r ii:IIr r''.1' li ir' i'I .'.'I , :.:l i-: :tt?_::::::::::: : | : . t.:r:-: . tJ il., :1 lr :i;: l{l l I i N "+, s HuntADU - SUP 2.200 Feet Hunt ADU - SUP - Hazards Map .. ",Yte., 4 2.200 Feet0 550 1,100 Irrrllrtl 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