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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.19.2007Exhibits for a public hearing held on March lgth,2OO7 Exhibit Letter {A to Z} Proof of Mail Recei Proof of Publication Resolution of 1978, as amended Staff Memorandum BOCC 311912007 CR WIESSNER ADU PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING Special Use Permit for an Accessory Dwelling Unit (ADU) Arthur and Ethna Wiessner 4399 County Road 301 40 acres County Road 301 Well ISDS ARRD 1. DESCRIPTION OF THE PROPOSAL: The applicant requests the Board of County Commissioners grant a Special Use Permit (SUP) for an Accessory Dwelling Unit (ADU) located on a 40 Acre parcel described as 4ggg County Road 301. The proposed ADU is an existing 736 sq ft unit. The Applicant is seeking approval of this Special Use Permit to allow the construction of a new primary dwelling unit 2. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in $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 if found necessary. B. Zoninq Resolution: An ADU is a special use in the ARRD district pursuant to $ 3.02 of tne Zoning Resolution of 1978, as amended. The application must address the general SUP review requirements in Section 55.03 as well as the specific standards that apply to ADU's contained in $5.03.21. These standards are listed below in bold italics followed by a Staff comments. te Permit Requirements (S 5.03\General Specia! ile Permit Requirements (8 5.03\ O 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 Comment The proposed ADU is an existing unit. Water and sanitation service are provided to the unit by an existing well and ISDS system. Well permit number 196756 allows the use of ground water for up to three single family dwellings. The current ISDS has a septic capacity of 750 gallons. A new ISDS will be required forthe future improvements planned for the property 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 Comment The subject property is accessed via an existing driveway off of County Road 301. The existing access is sufficient for the traffic that will be generated from this use. 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 s'uch a manner as to Protect established neighborhood character; Staff Comment The proposed ADU is in characterto the surrounding properties and should not adversely impact surrounding owners. lf approved, the applicants shall use minimal lighting that is shielded to prevent light trespass on other properties and is inward and downward facing towards the structure. This standard is met. Specific Specia! Use Permit Standards for ADU (S 5.03.21) 1) The minimum lot size shalt be four (4) acres containing a building site with slopes /ess than 40% at least two (2) acres in size. Staff Comment The property contains 40 acres, which exceeds the minimum required for an ADU. The proposed ADU will be on a portion of the propefty that has no slopes exceeding 40%. This standard is met. 2 a floor area for residential use occupancy shall not exceed lsoo2) The gross sq.ft. Staff Comment The applicant has provided documentation that the gross floor area of the existing unitwhich is proposed to be converted to an ADU is 736 square feet. Building Depart-mentrecords support the Applicants representation. This standard has been met. 3) Approval from the subdivision homeowners assoc iation and/or allowedby covenant if applicabte. Staff Comment There is no Homeowners Association or restrictive covenants on this parcel. Thisrequirement is not applicable 4) Proof of a legally adequate source of water for an additionat dweiling unit. Staff Comment The exiting ADU is served by a permitted well. Garfield County may require additionalinformation during the permitting process of new structures. This standard has been met 5) Compliance with the County individual sewage disposat systemregulations or proof of a legat abitity to connect to an approved ientralsewage treatment faci I ity. Staff Comment The existing ISDS (750 gal) is adequate for the proposed ADU. A new ISDS will beconstructed along with the proposed primary dweliing unit. 6) only leasehold interests in the dwelting units are allowed. Staff Comment The Applicant understands that only leasehold interests are allowed in the unit. Thisstandard is met. 7) That all construction complies with the appropriate County buitding coderequirements. Staff Comment The structure to be used as the ADU is an existing unit permitted by GarJield County. ThisStandard has been met. 2, SUGGESTED FINDIC That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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 pafties were heard at that meeting. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Gadield County. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 3. RECOMMENDATION Staff finds that the existing structure is in compliance with $3.02 and $5.03.21 ol the Gadield County Zoning Resolution of 1978 and recommend that the Board approve this request to allow an ADU on a propefty owned by Arthur and Ethna Weissner located at 4399 County Road 301, with the following conditions: 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 unless othenrvise modified by the Board. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. 1. 2. 3. 4. 1. 3. 4. 2. 4