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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.05.2000REQUEST: V BOCC 9/5/00 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the A/R/RD zone district. APPLICANT: Bonnie L. Stokvis, Gary L. Kelly, and William and Janet Hutton LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: 4155 Grass Mesa Road, also known as Lot 55 Grass Mesa Ranch, located south of the City of Rifle, Section 3, Township 7 South, Range 93 West. Approximately 50 acres Grass Mesa Road Shared Well ISDS A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN '"" According to the Garfield County Comprehensive Plan of 1984, this site lies in "District C —Rural Areas / Minor Environmental Constraints". District C is comprised of lands which are not serviceable from an existing municipality or central water and sewer system. The suggested density is no more than one (I) dwelling unit per five (5) acres (unless it is within one mile of district A, which in this case, it is note: H. DESCRIPTION OF THE PROPOSAL 1. Site & Project Description: Bonnie Stokvis and William Hutton are brother and sister. They propose to jointly occupy and make use of their ift 50) acre property. The Stokvis/Kelly residence will be the primary residence with 1,920 square feet of living space. The accessory dwelling unit (a.d.u.) will be occupied _ by the Huttons. The proposed a.d.u. is 1,440 square feet. A driveway has already been constructed with a sign designating the address. 1 of 4 • • III. MAJOR ISSUES AND CONCERNS A. Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means shall be provided. Water and sanitation are discussed elsewhere in this report. No street improvements are proposed. Impacts are expected to be minimal due to the large lot size. B. Zoning: An accessory dwelling unit is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978, as amended. It must meet the standards set forth in Section 5.03.021, as follows: (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. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (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. (6) Only leasehold interests in the dwelling units is allowed. The lot exceeds the minimum lot size standard and the a.d.u. is within the maximum square footage limitation of 1,500 square feet. The application does not include a copy of any covenants. The applicant indicated (via telephone on 8/28/00) a copy of the covenants, showing an ability to have an a.d.u., would be provided prior to the hearing. Water and sewage disposal are discussed elsewhere in this report The applicant should understand that the a.d.u. may be leased but may not be conveyed as a separate interest in the future. C. Access: Access will be provided via Grass Mesa Road. The application states that "a lane has been built and a proper sign designating address is in place". D. Water: The application contains a copy of well permit #225421 which may provide water within a maximum of three (3) single family dwellings. The applicant appears to have the necessary legal water rights. No evidence of the adequacy of the physical supply was included in the application. The applicant 2 of 4 • • plans to provide proof of an adequate physical supply prior to the issuance of a special use permit. E. Sewer; Both the primary and accessory dwelling units will be served by individual sewage disposal systems. The applicant shall meet the Colorado -Department of Public Health ISDS standards. No other State and Local health standards are applicable to the application. 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 Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 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. That, prior to issuance of any special use permit, the applicant shall submit evidence of an adequate (in terms of quality and quantity) physical water supply to serve both units. The water supply evidence shall include: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons Page 3 of 4 • • per minute and information showing drawdown and recharge; d) 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; e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; _)f)S, If the well is to be shared, a recorded legal well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made. g) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 3. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 4. That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage. 5. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet. The accessory dwelling unit shall be built in the approximate location shown in the application. 6. That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 7. That it is the applicant's responsibility to comply with any applicable covenants or Homeowners' Association (HOA) rules. Tom -applicant shall -supply- the staff .with -_evidence _of compliance with the HOA (such as a letter of approval or copy ofcovenantsshowing an a.d.u. is allowed) prior to issuance of the special use permit - Page 4 of 4