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Home My WebLink About2.0 BOCC Staff Report 08.11.2004• • Exhibits for Kirk and Trina Swallow SUP Public Hearing held on 8/11/04 Exhibit Letter (A to Z) Exhibit A Mail Receipts Proof of Publication -11A/1,C /) ,Lido"�� B C Garfield County Zoning Regulations of 1978, as amended 0 2�i G-- Jiie6' t , D Garfield County Comprehensive Plan of 200 17'04-1 E Application F Staff Memorandum Y-epkt Te( -04:4 �, Cn IOC r\IL • • • • • BOCC 8/11/04 - JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A Special Use Permit to allow an Accessory Dwelling Unit (ADU) APPLICANT: ( Kirk and Trina Swallow) LOCATION: ( 2170 County Road 321/ SITE DATA: 4.28 acres ACCESS: CR 321 WATER: City of Rifle anc(Well SEWER: ISDS (separate from existing home) EXISTING ZONING: A/R/RD SITE DESCRIPTION: The site is located southwest of Rifle and is flat to rolling with no restrictions to prohibit the proposed use. II. DESCRIPTION OF THE PROPOSAL: The Applicant is requesting a Special Use Permit to allow a portion of a proposed 60x40 building steel to be used for an AdditionaIDwelfing Unit totaling 432 sq. ft. Building Plans have been submitted for the steel building and the Applicant is close to final inspection. III. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comments. 1. City of Rifle: 2. Garfield County Road & Bridge: 1 (No Objection) (Exhibit G) • • • • • IV. COMPREHENSIVE PLAN REVIEW STANDARDS: or According to the Garfield County Comprehensive Plan of 2000, this site is within Study Area 3 and in a Commercial designated land use area. The current use of the property is residential. This SUP, although not commercial in nature, is an acceptable use and not in direct conflict with the surrounding uses in the area. V. SUBDIVISION REGULATION REVIEW STANDARDS: Q/<- An ADU is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. The application must address the general Special Use Permit requirements in Section 5.03 as well as the specific Special Use Permit standards that apply to Accessory Dwelling Units in Section 5.03.21. The requirements and standards are listed below in bold italics followed by a Staff response: 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: Impacts are generally expected to be minimal due to the large lot size and ability to supply adequate water from the City of Rifle and an approved and valid well permit for 2 single-family dwelling units. Sewer support will be from a proposed permitted ISDS with capacity for the proposed building to be separate from the existing single family dwelling unit. This standard has been 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 Finding: Garfield County Road and Bridge Department has issued a driveway permit for this location, #24 and was issued on April 26, 2004 with conditions specific to the location of the driveway. There are no objections to the Special Use Permit as long as the conditions of the driveway permit are complied with. An extension of the driveway permit will be issued to the Applicant while the Special Use Permit is going through the permitting process. This standard has been 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 2 • • • character; Staff Finding: The proposed ADU will be separated from the existing home by County Road 321 and several hundred feet, and is approximately 56 feet from the public ROW, past the zone district building setback line. The existing single family dwelling unit is a permitted use by right and is located approximately 300+ feet from CR 321. Staff finds the existing single family dwelling unit and proposed ADU does not impact the surrounding residential uses of the area although the selection of the placement or the proposed use is close placement to two nearby home relative to the distance to the principle permitted use. This standard has been 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 4.28 acres with slopes well below 20%. This standard has been met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. Staff Finding: The ADU is 432 sq. ft. in area within the steel building structure • totaling 2,400 sq. ft. This standard has been met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding: The property is not located within a HOA. This standard has been met. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding: both the existing single family dwelling unit and proposed accessory structure housing the ADU are served by an approved well permit and City of Rifle water tap. This standard has been 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 facility. Staff Finding: The Applicant has planned to construct a separate ISDS from the current system serving the existing single family dwelling unit. This standard has been met. 1 3 • • • • • 6) Only leasehold interests in the dwelling units are allowed. Staff Finding: The unit will allow leasehold interests in the unit only. This standard has been met. 7) That all construction complies with the appropriate County building code requirements. Staff Finding: The Applicant has submitted a Building Permit for construction of the accessory building. Construction of the ADU shall meet the requirements of the current Uniform Building Code Resolution of Garfield County. This standard has been met. IV. 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 Comprehensive Plan. 5. 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: 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. 2. The Applicant shall apply for a septic permit and receive a final inspection rior to issuance of the ppecial Use Permit. 4 • • • 3. The Applicant shall only allow leasehold interests for the use of the Accessory Dwelling • • Unit. 4. If any further expansion of the use be attempted the applicant shall readdress the proposal with and obtain h . n cessar building and land use approvals from the Board 'of County Commissioners. IV. RECOMMENDED MOTION: "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 2170 County Road 321 for Kirk and Trina Swallow." 5 View: Looking south from • e proposed use at the Principle Dwelling Unit View: Looking north at the proposed use area, behind shed and near adjacent neighbor r View: Looking east from the proposed use area at adjacent neighbor •