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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.11.1998i/60,/viA PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: BOCC 5/11/98 Special Use Permit for an Accessory Dwelling Unit. Susan Daley Myers A parcel of land located in a portion of Section 23, T7S, R92W of the 6th P.M.; located approximately seven miles south of Silt along County Road 327. 97.458 Acres Shared Well Individual Sewage Disposal System (ISDS) County Road 327 A/R/RD A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the proposed accessory dwelling is located in District C, Rural Areas, Minor Environmental Constraints, as designated by the 1984 Garfield County Comprehensive Plan, Management Districts Map. This designation denotes minimal or no environmental constraints and recommends that the minimum lot size for the area be five (5) acres. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located approximately seven (7) miles southeast of Silt, on off of CR 327. The proposed tract has CR 327 along the south and west boundaries of the lot. There is an existing house with various accessory structures on the property. The properties located in the area are generally large lots residential or agricultural operations. (See location map pg. �_) • • B. Adjacent Land Uses: Land uses adjacent to and in the vicinity of the subject parcel are single family residential and agricultural. C. Development Proposal: The applicant proposes to develop the site with an Accessory Dwelling Unit (ADU), in addition to the existing principal residence. It is proposed to use the new dwelling for the applicant's mother. The unit would be 750 sq. ft. of residential space. The accessory dwelling would utilize a new well and individual sewage disposal system. The ADU is proposed to conform to Section 5.03.021, of the Garfield County Zoning Resolution, which governs these units. III. MAJOR ISSUES AND CONCERNS A. Zoning: The subject parcel is zoned A/R/RD and was created as 1•-efekke .ub_dsien. Section 5.03.021 of the Zoning Resolution requires that the parcel meet certain criteria, to wit: 1] The minimum lot size shall be four (4) acres containing a building site with slope less than 40% at least two (2) acres in size. The lot is over the four (4) acre minimum and is gently sloping. 2] The gross floor area for residential occupancy shall not exceed 1500 square feet. According to the application, the proposed ADU, the floor area devoted to residential occupancy will be approximately 750 square feet. 3] Approval from the subdivision homeowner's association and/or allowed by covenant, if applicable. There is no homeowners association for the property. 4] Proof of a legally adequate source of water for an additional dwelling unit. The application contains a well permit application for a new well to serve the new dwelling. Based upon a letter, the new well has yet to be approved. If the modified permit cannot be issued, the proposAacigssory dwelling cannot be approved. See permit application and letter, pgs. /44U 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. The applicant proposes to construct a new ISD system. 6] Only leasehold interest in the dwelling unit is allowed. The applicant is proposing to use the accessory dwelling as a house for her mother and there is no separation of the property proposed. 2_ J • 7] That all construction complies with the appropriate County building code requirements. If approved, the applicant would be required to apply for and receive the appropriate building and ISDS permits. Section 5.03 of the Zoning Resolution sets forth the requirements that all special uses must meet, to wit: 1] Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in conjunction with the proposed use; The well permit application included with the application will need to be approved and drilled prior to the issuance of the special use permit.. Staff presumes that either a conventional ISD system or an engineered system could be utilized to treat wastewater. The actual type of system to be used is generally determined after issuance of a building permit. 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; Access to the lot is via County Road 327, a fairly narrow County road, that presently has a relatively low number of dwellings utilizing it. 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; This provision is generally concerned with the aesthetics of development and the application proposes to remodel an existing building. Given the established character of the neighborhood, it is staffs opinion that the proposed land use would not alter or degrade the neighborhood's aesthetic character. IV. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissionerws was extensive and complete, that all pertinent facts, matters and issues were discussed within the Special Use Permit application and the public hearing. 3. That the application is MN in compliance with the Garfield County Zoning Resolution of 1978, as amended. • 4. For the above stated and other reasons, the proposed land use 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 of this application, subject to the following conditions of approval: 1. That all proposals of the applicant, made in the application and at the public hearing, shall be considered conditions of approval, unless specified otherwise by the Board of County Commissioners. 2. That the accessory dwelling unit shall adhere to all provisions of Section 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended. Specifically, an approved well permit for the dwelling shall be received from the Colorado Division of Water Resources and a well pump test shall be performed demonstrating the following: 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria,nitrates, dissolved solids and is deemed to be fit for human consumption.. 3. That the accessory dwelling unit shall adhere to the following standards: "One (1) dog will be allowed for each residential unit on this lot, and the dog shall be required to be confined within the owner's property boundaries. Enforcement provisions shall be developed for allowing the removal of a dog from the area, as a final remedy in worst cases." "No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid - fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." • 4 • 'fn a Road= 0 0 m m m 0 (14 0 0 v 0 327 5�I b eck P✓�`�-(4/ { \�J —21 2399-193-00-092 A D 0 Co. Rd No 343 13 Tex exempt 28 0 O U 2399-193-00-092 A 03 Jo, 3600 d n 0 0 35 0 0 0. 056 z 0 38 201 4800 APPROVED COU 30 ` • R j" /0-97 —95 0 1 T.7S. — R.92W.