HomeMy WebLinkAbout3.0 BOCC Staff Report 12.08.2003EXHIBITS
JOHNSON SPECIAL USE PERMIT
Board of County Commissioners - December 8, 2003
Proof of Certified Mailing Receipts
Proof of Publication
Garfield County Zoning Regulations of 1978, as amended
Garfield County Comprehensive Plan of 2000, as amended
Staff Report dated December 8, 2003
Application Materials
Comments from Road and Bridge dated November 3,2003
Email from Steve Anthony to Building & Planning dated 1112512003
Building Permit No. 002936
Letter to BOCC from Michelle & Michael Scheele dated 1111512003
Letter to BOCC from Michelle Scheele dated 1112512003
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Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
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ov PROJECT INFORMATION AND STAFF COMMENTS
BOARD: 1218103
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Special Use Permit for an Accessory
Dwelling Unit ("ADU")
The Applicant requests the conversion
of an existing residence, modular home,
to an ADU for the purpose of
construction a new residence on the
subject property.
Jacee Johnson
The subject property is addressed as
6107 County Road 309, Parachute.
A/R/RD (Agricultural / Residential /
Rural Density)
A/R/RD
County Road 309
TYPE OF REVIEW:
SUNIMARY OF REQUEST:
APPLICANT(S):
LOCATION:
EXISTING ZONING:
ADJACENT ZONING:
ACCESS:
DESCRIPTION OF THE PROPOSAL:
A. Development Proposal: The Applicant requests approval to change the status of an existing
dwelling unit to an Accessory Dwelling Unit for the purpose of constructing a new primary
residence on the subject property. The existing unit is approximately 980 square feet and the
proposed new residence will be approximately 2,300 square feet.
B. Site and Project Description: The subject property contains approximately 7.33 acres. The
subject property is improved with an existing modular residence, a shop, detached garage and
storage building.
C. Zoning: The subject property is zoned A/R/RD (Agricultural / Residential / Rural Density).
The zoning adjacent to the subject property is also A/R/RD. The A/R/RD zone district allows for a
minimum lot area of 2 acres. Accessory Dwelling Units are uses identified as Special Uses in the A
/ R / RD zone district and require a public hearing process.
D. Relationship to the Comprehensive Plan: The subject property is located in Study Area2
and 3 of the Comprehensive Plan of 2000. The property is not located within any 2-mile sphere of
influence of any surrounding towns, i.e. Parachute or Rifle. The proposed land use designation on
Johnson Special Use Permit
BOCC: 12/8/03
Page 2
the subject property is "Outlying Residential". Outlying Residential is consistent with the
underlying zoning, which in the case of A / R / RD is a minimum lot area of 2 acres.
E. Road/Access: There is an existing access driveway off of County Road 309 which provides
access to the existing residential unit and outbuildings. The Applicant applied for a new access
driveway off of County Road 309 for the proposed new residence. A copy of the Driveway Permit
issued by the Road and Bridge Department is included with the application and referenced in
Exhibit G.
F. Applicability: Pursuant to Section 9.03 of the Zoning Resolution, an application for a
Special Use Permit ("SUP") shall be approved or denied by the Board of County Commissioners
after holding a public hearing thereon in conformance with all provisions of the ZoningResolution.
II. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agencies for comments. Comments that were received
have been integrated throughout this memorandum where applicable.
1. Garfield County Road and Bridge: Exhibit G
2. Garfield County Vegetation Management: Exhibit H
III. REVIEW CRITERIA FOR SPECIAL USE PERMIT
Pursuant to Section 5.03.10, uses listed as Special Uses shall be permitted only:
Based on compliance with all requirements listed herein, and;
1. Approval by the County Commissioner, which Board may impose additional restrictions
on the lot area, floor area, coverage, setback and height ofproposed uses or required
additional off-street parking, screeningfences and landscaping, or any other restriction
or provision it deems necessary to protect the health, safety and welfare of the
population and uses of the neighborhood or zone district as a condition of granting the
special use.
Response: Staff sees no reason for the BOCC to require any special restrictions.
A. SncrroN 5:03
Pursuant to Section 5.03, special uses shall conform to all requirements listed thereunder and
elsewhere in the Zoning Resolution, plus the following standards:
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\I )t-"'7 Johnson Special Use Permit
. BOCC: 12/8/03
Page j
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1. (ltilities adeqtrute to provide w,ater 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 ttse.
Response: The existing modular home, the proposed ADU, will be served by the existing well on
the subject property. The Applicant submitted a Change in Ownership/Address form to the State
Engineer's Office, which was accepted in September of this year.
The Applicant noted that the new residence will obtain water from a deeded spring, the Canary Bird
Ditch. The Applicant noted that Jim Lemon of Water Resources reviewed the water documentation
for the subject property and determined that the water rights are senior. However, no written
comments from Water Resources where provided with the application. Staff is of the opinion that
prior to the issuance of the actual Special Use Permit, a written letter from Water Resources shall be
provided regarding the water rights.
The Applicant provided a Stipulation and Agreement regarding the water rights of the Canary Bird
Ditch, Case No. 94CY074. It appears that 0.2 c.f.s. of the Canary Bird Ditch water right were
changed from irrigation to irrigation, domestic and stockwater uses by Charles and Grace Johnson
by Decree entered in Case No. W-1842 on January 17,l974,however, there was no indication as to
the properties or houses for the domestic and stockwater use. However, later in the decree, it
appears that the Stipulation amended, clarifies and restricts domestic and stockwater uses that can
be made under the Decree entered in Case No. W-1 842 to a maximum flow of 8 g.p.m. for no more
than2 single family residences and stockwater uses for use on the properties described on the
Exhibits to the Stipulation, which are adjacent neighbors. The remainder of the water use is for use
by the subject property, the Johnson property.
The existing residence (the proposed ADU) is currently served by an existing Individual Sewage
Disposal System (ISDS). The Applicant noted that a separate ISDS will be installed for the
proposed new residence.
2. Street improvements adequate to accommodate trffic volume generated by the proposed use
and to provide sde, convenient access to the use shall either be in place or shall be constructed in
conjunction with the proposed use.
Response: Access to the property is currently by means of one access point off of County Road
309 adjacent to the existing modular home. The Applicant is proposing to install a new driveway
off of County Road 309 for the new residence. The Applicant received a driveway permit from the
Garfield County Road and Bridge Department (Permit Number 112). A copy of the driveway
permit was included with the application. Comments were received from Jake Mall, Road and
Bridge Department (see Exhibit G).
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Johnson Special Use Permit
BOCC: 12/8/03
Page 4
3. Design of the proposed use is organized to minimize impact on andfrom adjacent uses of
land through installation of screenfences or landscape materials on the peripheryt of the lot and by
location of intensively utilized qreas, dccess points, lighting and signs in such a manner as to
protect established neighborhood character.
Response: The existing residence, to be converted to the ADU, is visible from County Road 309.
There is existing limited vegetation along the county road that provides some screening of the
residence. No signage is anticipated and standard residential lighting is utilized. The proposed new
residence will be located on the east end of the property and will be visible from the County Road.
rv. CRITERIA FOR ACCESSORY DWELLING UNIT (SECTION 5.03.21)
Pursuant to section 5.03.21of the ZoningRegulations, use of a structure as an accessory dwelling
unit approved by Special Use shall meet the following standards, as well as all other standards
applicable to residential use:
I. The minimttm lot size shall be four (4) acres containing a building site with slopes less than
40o% at least two (2) acres in size.
Response: The subject property contains approximately 7.3 acres. The existing improvements
avoid slopes in excess of 40%.
2. The gross floor area for residential use occupancy shall not exceed I 500 sq. ft.
Response: The existing residence contains approximately 980 square feet, which does not exceed
the maximum floor area allowed.
3. Approval from the subdivision homeowners association and/or allowed by covenant if
applicable.
Response: The property is not located within a subdivision. No covenants are applicable to this
property.
4. Proof of a legalllt adequate source ofwaterfor an additional dwelling unit.
Response: Discussion regarding the proposed water supply has been addressed previously in this
memorandum.
5. Compliance with the County individual sewdge disposal system regulations or proof of a
legal ability to connect to an approved central sewage treatment facility.
Response: Discussion regarding the proposed ISDS has been addressed previously in this
Johnson Special Use Permit
BOCC: l2/8/03
Page 5
memorandum.
Only leasehold interests in the dwelling units are allowed.
Response: The Applicant will comply with this requirement. The ADU will not have a separate
ownership interest.
That all construction complies with the appropriate CounQ building code requirements.
Response: The existing modular home replaced a previous modular home in 1983 (see Exhibit H).
Staff understands that the County only regulates the foundation a modular house sits on, as well as
the decks, steps, and landings. The State Division of Housing regulates how modular homes are
built and manufactured. The Applicant shall be aware that since this structure is pre-existing and
non-conforming, additions and / or modifications to the structure are not allowed. Pursuant to
section 7:05 of the Zoning Resolution, the structure may be replaced provided it meets the
requirements of the Building Code Resolution of the County and not exceed 1,500 square feet in
size. The Building Plans for the new residence are currently on hold in the Building and Planning
Department until approval for the ADU is granted by the County.
v.STAFF 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 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 has been
determined to be in the best interest of the health, safety, morals, convenience, order, prosperity
and welfare of the citizens of Garfield County.
4. That the application has met the requirements of Special Use (Sections 5:03 and 9:03) in the
Garfield County ZoningResolution of 1978.
5. That the applicant has met the requirements of an Accessory Dwelling Unit (Section 5.03.21) in
the Garfield County ZoningResolution of 1978.
Johnson Special Use Permit
BOCC: 12/8/03
Page 6
VI. RECOMMENDATION:
Staff recommends that the Board APPROVE the Johnson Special Use Permit for an Accessory
Dwelling Unit, subject to 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. Only leasehold interests in the ADU shall be allowed. The unit may not be sold separately.
3. The existing mobile home, ADU, may be replaced in accordance with section 7:05 of the
Zoning Resolution which states that "a mobile home...maybe replaced by another mobile
home on the same lot provided the replaced mobile home conforms to the requirements of
the Building code Resolution of the County, and to the performance requirements [5.03.21]
of ltheZoning) Resolution " The structure shall not exceed 1,500 square feet as measured
by the County at the time of building permit.
4. Prior to the issuance of the actual Special Use Permit, a written letter from Water Resources
shall be provided regarding the water rights.
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Lt/o2/2443 22133 6258627 ROAD AND BR]DGE
GARHELD COT'NTY
Buibng & Ploning Dcp-fient
Rcview Agency Form
Date Sent: LOll0/2403
Coomcntr Duo: I l/2112003
Name of application: Johnson Spooial Use Permit
Sent to: Garfield County Roed rnd Bridlro De,pt.
Grrfield County requcsto your mmmcnt in rcryicw of thig Wqec:". Pleasc notify the
Planning Dcpaftmcnt in the Event you rre unable to respond by the deadline. This form
may be ueod for your respomro, oryou may attrch your own additionrl sheetr ar
noce$sry. Writtcn commerts mey bo miilod, 6-mllcd, orhned to:
Crarfield CouttyBuilding & Plamiry
Staff contact: Frcd lannan
lo9 ttr Suuct Suite 301
Glcnwood Spring$ CO 81601
Fax: 970-3t4-3470
Phone: 970-945-8212
Crcnoral comments, I hEve mEdo m onlite lvi Jhe p
drivcway permit with qlllroririo.ns for the new locilion. If )rou neod a mpy of tho
dnvewey lgrmh foryour remrdr la MiLa lfHdy.or mys€lf krrow3rd we will fsx you
onc-
Narne of rwiew agcncy : Garficld CounwRord rnd Bridqe D€Dt
Bv: Jake B Mall Duc lU03/2W3
PAGE 62
EXHIBITo
Rrvis€d ll?Ol0o
Fred Jarman
Thanks
Steve
From: Steve Anthony
Sent: Tuesday, November 25,2003 9:25 AM
To: Fred Jarman
Subject: Johnson SPU
Fred I looked through this one and don't have any major concerns.
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Disrance of building *:1lyl.'ty Iine * fi fftry /
/OO Lk"Fr.on, nr r, /W''f Left side: /qd , Right side:,
tsUILDING PERMIT APPLICATION
GARFIELD COUNTY BUILDING DEPARTMENT
Owner:
Contractor or
Location,
y'Purpose ior which building is to be used:
LtSize of Lot:
Distance fr'o* ,r.r."rt building, ; ) I Number of stories,
Source of water supply:Number of rooms'
' 'fyp. of sewage disposal;I ,-<
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5/- Type of foundation:
8/wiath of buikling, I Material in outside walls,
ujength of building'*Exterior finish
'
Height of walls:of roof:
Floor space in square feet: --,l
Estimated value: $
Date construcrion will begin:Date of completion:
Permit charge: $
Plan check fee: $
TOTAL: $
And I/We hereby egree to build strictly to the terms of the above description, and also ro clear the grounds and
adjacent street or streets of all rubbisl-r and debris causcd by t ruction of sai
Respectfully,
Ev,r"hf ,th{, ?r--
Tbe county commissiorters hereby grant tbe aboue pennit ds per terms tberein stqted. Ttri, (; g
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EXHIBIT
6017 County Road 309
Rifle, CO 81650
November 15,2003
Board of County Commissioners
Building and Planning Department
108 8th Street, Suite 201
Garfi eld County Plaza Building
Glenwood Springs, CO 81601
RE: Jacee Johnson's application for special use permit
Dear Sir or Madam:
I am a neighbor of Jacee Johnson and I'm responding to his request for special use for his
property. Because I have zero information on what is being done to the property, my
husband and I have to reply that we are opposed to this special use permit. There are
several existing outbuildings already.
I have a major concern about the high water flow that occurs every spring. It runs through
the property and should flow beside DJ Road to our property. However, the Johnsons
have been using the entrance to their property from DJ Road and the high water this
spring went over the dirt road. A ditch had to be dug through the driveway. If they are
planning to use the DJ Road entrance as a main entrance to the property a culvert needs
to be placed under the driveway .
Also, I am on well that sits below the Johnson's property. I have major concerns about
septic and water use. Are they drilling another well? I have no guarantee that the second
dwelling on the property will not interfere with the water production of my own well. It
took me almost four years to get the water situation on our property straightened out. I do
not want to lose the water I have.
If I get more information from the property owner, I may be willing to change my
opposition to this application for a special use permit.
Sincerely,
\,/Qtuilt^l ,,.1%zl'zz't<--.'_
Michelle M. R. Scheele Michael R. Scheele
EXHIBIT
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6017 County Road 309
Rifle, CO 81650
November 25,2003 lFt ri t 2003
Board of County Commissioners
Building and Planning Department
108 8th Street, Suite 201
Garfield County Plaza Building
Glenwood Springs, CO 81601
RE: Jacee Johnson's application for special use permit
2"d letter
Dear Sir or Madam:
I am a neighbor of Jacee Johnson and I'm responding to her request for special use for her
property at 6107 County Road 309. Ms. Johnson stopped by our house to give us
information on her request for special use for her property. First, my husband and I have
to reply that we are opposed to this special use permit because it would enable Ms.
Johnson to have three residential dwellings on the property and not just the two she has
indicated in her paperwork. We have no wish to make enemies of our neighbors.
However, according to what we received in the mail, the request is being made for a
second residential dwelling on the property so that the existing dwelling can become an
accessory dwelling unit. From what we can see and from what Ms. Johnson explained to
us, two residential dwellings already sit on the property. Therefore, I don't understand
why the special use permit is being entertained for a second dwelling when the property
already has two residential dwellings. We are opposed to this special use permit.
Sincerely,
Michelle M. R. Scheele
DFC-F1B-2BA] 11 : 33 D]U IiATER RESOUECES 3Af 856 3589o
COLORASTA|E OF
OFTICE OF THI STATE INCINEEI
Drvisron of Water Resources
Oepafiment of Natural Rcsourlds
'1313 Sherman 9treet, Room 818
Denver, Llolorado 80201
Phone (3o3) 866.358r DeCembef 5, 2003
FAX (303) 866-3589
www.water.state,co, us
Fred Jarman
Garfield County Building and Planning
108 8th St Ste 201
Glenwood Springs CO 81601
RECF
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GARFIET-l
H..Ifl-DING 8
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PLANNING
Brll Owom
Coq'rnor
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Execuive Orecior
1'111 Q. $impson. EE
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Re:Jacee Johnson
WellPermit No, 106226
Case Nos. W-1U2 and 94CV074 concerning the Canary Bird Ditch
Dear Mr. Jarman:
I have reviewed above well permit and cases. Permit No- 106226 is valid, and based on
the permit conditions and discussion with Ms. Johnson, may be used for one single family dwelling
and the irrigation of one acre of home lawns and gardens. Case No, W-l842 indicates that 0.2 cfs
of the Canary Bird Ditch was changed from irrigation to domestic, inigation and livestock water.
Case No. 94CV074 limits the changed use to domestic and stockwater use for two single family
dwellings and tor stockyvater uses on their property.
My review indicates that this water right is senior to all other tabulated water rights that
derive their supplies from Ruleson Spring and Spring Run Gulch, and that based on absolute use
that occurred prior to Oc{ober 15, 1977 the Canary Bird Ditch is a Green Mountain Beneficiary.
Simply put, the subject water nght for the Canary Bird Ditch should provide a legally adequate
water supply for two single-family dwellings.
CMUJohnson Building Permit.doc
Alan Martellaro, Division Engineer
James R. Lemon. Water Commissioner, Distric{ 45
EXHIBITL
Craig M. Li{ P.E.
Water Resource Engineer
TOTRL P.A1