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Home My WebLink About2.0 BOCC Staff Report 05.06.2002BOCC 5/06/02 MLB PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow an Accessory Dwelling Unit. APPLICANT: Kenneth Durnil LOCATION: Generally located south of Rifle on Grass Mesa. SITE DATA: 40.0 acres ACCESS: Grass Mesa Road. WATER: Exempt domestic well SEWER: ISDS. EXISTING ZONING: A/R/RD SURROUNDING ZONING: A/R/RD 1. INTRODUCTION/DESCRIPTION OF THE PROPOSAL: The applicant is proposing to place a 1956 sq. ft. manufactured home on a 46 acre tract of land that already has a 1280 sq. ft. home on the property. The existing home will become the accessory dwelling unit on the property since it is less than 1500 sq. ft. in size. Water will be provided by a domestic well and wastewater will be treated through an individual sewage disposal system. Access to the property is off of Grass Mesa Road. II. RELATIONSHIP TO THE COMPREHENSIVE PLAN This applicant's property is located in an Existing Subdivision (Grass Mesa) Land Use District of the Study Area 2-3 map contained in the Garfield County Comprehensive Plan of 2000 for Study Areas 1-3. The proposed application is in compliance with recommended density and appears to be in general compliance with the goals and objectives of the Plan. ,% e- nec-/,-,f, 62.74,16,47 e_ fr- 1 III. GARFIELD COUNTY ZONING RESOLUTION: Section 3.02 A/R/RD - Agricultural/Residential/Rural Density allows Accessory Dwelling Units as a Special Use and is subject to meeting certain standards identified in Section 5.03 and 5.03.21 of the Garfield County Zoning Resolution. Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (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; The proposed accessory dwelling will get domestic water from an existing domestic well (permit no. 221305). A domestic well is allowed to serve up to three (3) dwellings, with outside irrigation of not more than one acre of home gardens and lawns. The accessory dwelling is proposing to use an individual sewage disposal system that will be built in conjunction with the construction of the new unit. (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; The property is accessed via the Grass Mesa Road, which is a privately maintained road that serves the Grass Mesa area. (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. The proposed accessory dwelling is located on a 46 acre tract of land and in a development that has allowed other lot owners to place accessory dwellings on the property. It will not affect the established character of the neighborhood. 2 Section 5.03.21 Accessory Dwelling Unit: (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. The subject lot is in excess of four (4) acres, and the lot contains 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) The proposed Accessory Dwelling Unit will be the existing house, which is 1280 square feet in size, thus it does not exceed the 1,500 square foot limitation. Approval from the subdivision homeowners association and/or allowed by covenant if applicable. The Grass Mesa Homeowners Association has no objections to the proposed application to allow two dwellings on Lot 51. (4) Proof of a legally adequate source of water for an additional dwelling unit. As noted previously, the proposed accessory dwelling unit will be served by an exempt domestic well that can legally provide water to the ADU. The only information regarding the "adequacy" of the well is a well construction and test report that was done at the time of drilling the well for the original dwelling. A standard condition of approval has been to require the following documentation, prior to the issuance of the Special Use Permit: 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 and suspended solids; Staff would suggest that the applicants provide above noted information, prior to the approval of the Special Use permit. 3 (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 existing house has an approved ISDS in place and it appears that there should be reason to believe that an additional system can be placed on the property. Since there are two systems to be placed on the property, the combined capacity of the systems cannot exceed 2000 gallons per day design capacity, unless it can be demonstrated that the systems can meet the ISDS regulations for separation of units. (6) Only leasehold interests in the dwelling units is allowed. This application is unusual in that the accessory dwelling and principal dwelling are going to owned by unrelated individuals. It needs to be very clear to both parties, that the sale of one or the other units cannot occur without the subdivision of the property. At this time the interests in the ownership of the property has to be undivided. One or the other of the property owners could buy out the other person or someone else could buy out both owners. Staff recommends this as a condition of any approval. (7) That all construction complies with the appropriate County building code requirements. The applicant will have to obtain a building permit from the County Building Department. IV. SUGGESTED FINDINGS: 1. That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Conunissioners 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 compliance with the Garfield County Zoning Resolution 4 of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, of the applied for Special Use Permit, 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. 2. The applicant will comply with all of the supplementary standards contained in Section 5.03.21 of the Garfield County Zoning Resolution. 3. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this Special Use Permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities and may be subject to revocation of the Special Use Permit. 4. Prior to the issuance of the Special Use Permit: the following documentation will be provided to the Planning Department: 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 and suspended solids; 5. The ownership of the dwellings on the property shall not be divided or sold separately unless the property owner receives approval of a subdivision of the property in compliance with the applicable County subdivision regulations. 5