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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.19.2001REQUEST: BOCC 11/19/01 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for an Accessory Dwelling Unit in the R/L zone district. APPLICANT: Deborah Snook LOCATION: 11700 County Road 204, DeBeque, CO 81630. SITE DATA: Approximately 35 acres ACCESS: Private Driveway to County Road 204 WATER: Well SEWER: ISDS EXISTING ZONING: R/L 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". This district is described as having a moderate ability to absorb growth. The proposal appears to be consistent with the Comprehensive Plan. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: An new modular house, approximately 1,264 square feet in size, currently occupies the thirty-five (35) acre site. The modular is served by a driveway to County Road 204 (Roan Creek), for which a driveway permit has been issued. A second unit (mobile home) also occupies the site. This unit is being temporarily occupied by the applicant's son and his family. The plan is to gut this unit, and move it to another location on the property, to be used as storage. The applicant proposes to place a new dwelling unit on property for her son and his family, in the exact location that the mobile home currently occupies. In summary, the existing modular will be the accessory dwelling unit, and the new house will become the primary unit, while the existing mobile home will become storage. 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. Impacts are generally expected to be minimal due to the large lot size. These issues are discussed in detail in the body of this report. B. Zoning: An accessory dwelling unit is a special use in the R/L zone district pursuant to Section 3.10 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 site is not in a subdivision and thus no covenants exist for the property. The existing well will supply water to both dwelling units and a new Individual Sewage Disposal System (ISDS) will handle wastewater. 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: The proposed access is a recently extended driveway from County Road 204. The application includes a copy of an approved driveway permit from the Road and Bridge Department (#27). Based on this information, the proposed access appears adequate, so long as the applicant adheres to the conditions of the driveway permit. D. Water: The application contains a copy of a well permit, #231234, which allows for the 2 of 4 use of groundwater for fire protection, ordinary household purposes inside not more than three (3) single family dwellings, and the irrigation of not more than one (1) acre, and the watering of domestic animals. The water rights appear adequate for the proposed use. The application does not contain a copy of a pump test or water quality test, as is commonly required. This information will need to be provided prior to issuance of a special use permit. E. Sewer: Both the primary and accessory dwelling units are/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; 2. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements and requirements of the driveway permit; That all State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the Page 3 of 4 building permit stage; 3. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square feet; That the accessory dwelling unit shall not be conveyed as a separate interest but may be leased; 4. That, prior to issuance of the special use permit, that the following information be provided: 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 two (2) dwelling units; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 4. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 5. That the existing 900 square foot mobile home unit may be gutted (all plumbing and electrical fixtures shall be removed) and used as storage, but under no circumstances shall it be occupied as a third dwelling unit. 6. That this approval shall be valid until 11/19/02. If the applicant fails to meet these conditions by 11/19/02, and subsequently the special use permit is never issued, the approval shall be automatically revoked, unless an extension is granted by the Board of County Commissioners; rn 111.6bown Page 4 of 4 al) IVe 1-62