HomeMy WebLinkAbout2.0 DD Staff Report 01.12.2017Directors Determination — Staff Report Exhibits
Robinson ADU
Administrative Review
Applicant is Bruce and Dayle Robinson
January 12, 2017
(File GAPA-12-16-8503)
Exhibit
Number
Exhibit Description
1
Public Hearing Notice Information Form, Dated December 15, 2016
2
Mail Receipts
3
Referral Comments from Wyatt Keesbery of Garfield County Road and
Bridge, Dated December 20, 2016
4
Letter from Chris Hale, PE of Mountain Cross Engineering, Dated
January 5, 2017
5
Letter from Justina Mickelson of the Colorado Division of Water
Resources, Dated December 16, 2016
6
Letter from Dave Erickson of the Aspen Valley Land Trust, Dated
November 4, 2016
7
Referral Comments from Ron Biggers of the Glenwood Springs Fire
Department, Dated January 9, 2017
Robinson ADU
GAPA-12-16-8503
January 12, 2017
DP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
Administrative Review — Land Use
Change Permit for an Accessory
Dwelling Unit (ADU)
APPLICANT (OWNER) Bruce and Dayle Robinson
LOCATION
LEGAL DESCRIPTION
The property is located approximately 7.5
miles west of the City of Glenwood
Springs with access off private roadways
and County Road 137. The address is
1548 County Road 137, Glenwood
Springs, CO 81601.
Section: 24 Township: 5 Range: 90 TR IN
SW COMM. AT W1/4 COR. on a property
known by Assessor's Parcel No.
212324300123.
ACRES Approximately 38.71 acres
ZONING Rural
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 38.71
acre parcel located within the Rural zone district. As the property is over 4 acres, the ADU
is limited to 3,000 square feet. The Glenwood Springs Comprehensive Plan identifies the
property as Medium / High Density Residential (2-6 acres/dwelling unit). Access to the
site is an existing driveway and private roadways from County Road 137. The site has
adequate areas for off-street parking and snow storage for the proposed ADU and other
existing uses on the property.
The ADU to be permitted is an existing 672 square foot single family home that has been
operating as a legal Agricultural Employee Housing unit since 1990. This application is to
change the use of this unit from an Agricultural Employee Housing unit to an ADU which
can be rented on the open market. No physical changes to the primary dwelling unit, the
proposed ADU, water, wastewater, or access are proposed as a result of this change in
use. Legal and adequate water, access, and an adequately sized Onsite Wastewater
Treatment System (OWTS) have been demonstrated to serve both units on the property.
II. DESCRIPTION OF THE SITE
The site is currently developed with one primary single family residence and one
Agricultural Employee Housing unit. The property appears to have positive drainage and
is a mix of graded areas and native vegetation with moderate slopes. Canyon Creek runs
along the east edge of the property and all structures are proposed to be at least 35 feet
back from ordinary high water mark. In addition, approximately 32.21 acres of the 38.71
acre property is conserved by a Conservation Easement held by the Aspen Valley Land
Trust. Uses within 1500 feet include primarily residential and agricultural.
Vicinity Map
-=137
Subject
Parcel
CR 137
is
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usomIN
2
Aerial View of Subject Property
Site Plan
West 1/4 Corner
Section 24
est 1/4 Corner
teflon 24
i vh bi t ftfap
A New 13.95 Acre Conservation Basement
Solualed in an Bsianne S9. /6 dere Parcel of Janet
In the SIJ/e of SBC. JV, T.6 .5, R.S0 ,I. of las STA' Alf
Cotin4+ 4/ Cds.0•1 Serb of Cobnrdo
Primary
Dwelling Unit
Not To Scale
I.
ENING
N54VG'01.2
Shared Roadway
to CR 137
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1177
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III. WAIVER REQUESTS FROM STANDARDS
The Applicant has not requested any waivers from the Standards.
IV. AUTHORITY — APPLICABLE REGULATIONS
A. The Land Use Tables contained in Section 3-403 of the Land Use and
Development Code, designates an Accessory Dwelling Unit within the Rural zone district
as requiring Administrative Review.
B. Section 4-103 of the Land Use and Development Code sets forth the
Administrative Review Procedures by which the current Application is being considered.
C. The Application submittal requests two waivers from submittal requirements.
These waiver requests are from submittal requirements included an improvements
agreement and development agreement. Submittal waivers have been accepted as part
of the completeness review.
4
D. Article 7 of the Land Use and Development Code sets forth General approval
standards in Division 1, General Resource Protection Standards in Division 2 and Site
Planning and Development Standards in Division 3. Accessory Dwelling Units are also
subject to Section 7-701. The standards are addressed in the Application submittals and
in the Staff Analysis section of the Staff Report.
V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings have been
completed in accordance with the LUDC. No public comments were received as a result
of the public notice. Referral Comments received on the Application are attached as
Exhibits and summarized below:
A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering
(Exhibit 4): Mr. Hale noted that the Applicant should provide more detailed information
regarding conformance of the driveway to the County roadway standards.
B. Colorado Division of Water Resources (DWR) (Exhibit 5):
According to our records, Well Permit No. 167723 was issued on December
10, 1994, for an existing well located in the NE1/4 of the SW1/4 of Section
24, Twp. 5 South, Rng. 90 West of the 6th P.M. The use of groundwater
from the well was approved for ordinary household purposes inside two (2)
single family dwellings, fire protection, the watering of domestic animals,
poultry, and livestock on a farm or ranch, and the irrigation of not more than
one acre of home gardens and lawns. The pumping rate of this well shall
not exceed 15 gpm. Per our records, the well was constructed and first put
to use November 1990, and the current permit is valid.
On November 2, 2016, the following note was added to Well Permit No.
167723 that "Pursuant to Policy Memorandum 93-4, the uses of this well
allow for ordinary household purposes inside up to three (3) single family
dwellings, domestic animals, livestock and the irrigation of not over one (1)
acre of home lawn and garden."
The applicant's land use change request indicates that the well currently
serves a single family residence and ADU. The ADU would be considered,
for the purposes of well permitting, to be an additional single family dwelling.
As long as the uses of the well do not exceed those allowed under the
permit, this office has no objection to the well also serving the ADU.
C. Garfield County Road and Bridge (Exhibit 3): Road and Bridge has no concerns
with the request.
5
D. Aspen Valley Land Trust (AVLT) (Exhibit 6): The letter from AVLT indicates that
"So long as the permit application and associated construction activity for the ADU is
contained to the 5.16 acre parcel excluded from the conservation easement (see attached
survey), then the Aspen Valley Land Trust has no reason to object this permit application."
E. Glenwood Springs Fire Department (Exhibit 7): The letter states that "With this
application being an existing structure that will be remodeled into an ADU the Glenwood
Springs Fire Department staff does not any further comments to make on it."
VI. STAFF ANALYSIS
Article 7, Division 1: General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
The development on the property is in general conformance with the dimensional
standards for the Rural zone district.
The property currently has one primary dwelling unit on the property.
2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs
The County Comprehensive Plan identifies the property as Residential Medium High
Density (2-6 acres per dwelling unit). As the property is over 30 acres, the residential
density identified within the Comprehensive Plan would be satisfied including the ADU.
3. Section 7-103: Compatibility
The proposed use is located in a rural area and is unlikely to significantly alter or impact
the character of the area. The areas surrounding the subject property are predominantly
residential and agricultural in nature.
4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water
The ADU is to be served by an existing well on the property. This well, Permit Number
167723, states that "The use of groundwater from the well is limited to ordinary household
purposes inside two (2) single family dwellings, fire protection, the watering of poultry,
domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1)
acre of home gardens and lawns."
Referral comments received from the Division of Water Resources (See Exhibit 5)
indicate that "The use of groundwater from the well was approved for ordinary household
purposes inside two (2) single family dwellings, fire protection, the watering of domestic
animals, poultry, and livestock on a farm or ranch, and the irrigation of not more than one
acre of home gardens and lawns. The pumping rate of this well shall not exceed 15 gpm.
6
Per our records, the well was constructed and first put to use November 1990, and the
current permit is valid.... The applicant's land use change request indicates that the well
currently serves a single family residence and ADU. The ADU would be considered, for
the purposes of well permitting, to be an additional single family dwelling. As long as the
uses of the well do not exceed those allowed under the permit, this office has no objection
to the well also serving the ADU."
Water quantity testing revealed that the well averaged 15 gallons per minute over the 4
hour pump test. In addition, the water quality of the well met applicable EPA standards.
As a result, the well appears to meet this standard.
5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems
The Applicant is proposing to utilize an existing Onsite Wastewater Treatment System
(OWTS) for the proposed ADU. Through the demonstration of an approved septic permit
issued by Garfield County, the Applicant has provided evidence that the existing OWTS
is adequate to serve the proposed ADU.
6. Section 7-106: Adequate Public Utilities
Adequate public utilities currently exist at the subject parcel.
7. Section 7-107: Access and Driveways
a. The application was referred to the Garfield County Road and Bridge
Department (see attached). Wyatt Keesbery of Garfield County Road and Bridge
indicated Road and Bridge has no concerns with the proposed ADU.
b. The Applicant has stated that the driveway and private access roads meet the
design standards found in Section 7-107. While comments received County
designated engineer request additional information regarding the dimensions of
the existing driveway, Staff has found that this representation from the Applicant
is adequate to satisfy the requirements of the Code.
8. Section 7-108: Natural Hazards
No natural hazards have been identified on the subject parcel.
9. Section 7-109: Fire Protection
The impact area within the subject parcel has been identified as having a Low to Moderate
level of Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire
Protection Plan. The parcel is located within the Glenwood Springs Fire Department
service area. The application was referred to the Glenwood Springs Fire Department,
however who provided comments that they have no issues with the proposal.
7
Article 7, Division 2: General Resource Protection Standards
10. Section 7-201 Agricultural Lands
The proposed development is an existing dwelling unit on the subject property. It is not
anticipated that the proposed development would adversely affect neighboring
agricultural uses or agricultural uses on the subject parcel.
11. Section 7-202 Wildlife Habitat Areas
The ADU is expected to have impacts on wildlife similar to a single family dwelling unit.
Approximately 32.21 acres of the 38.71 acre property is conserved through an easement
held by the Aspen Valley Land Trust. All development is to occur within an area outside
this conservation easement within the same property. As a result, no significant impact to
wildlife habitat is expected.
12. Section 7-203 Protection of Waterbodies
The ADU has been constructed more than the required 35 feet from ordinary high water
mark from Canyon Creek. As a result, this standard is satisfied and no excessive impact
to waterbodies is anticipated.
13. Section 7-204 Drainage and Erosion
The Applicant has provided a topographic map of the subject property that shows general
positive drainage from the property. As the driveways are currently in place, no significant
change to the topography or drainage from the property is expected.
14. Sections 7-205 Environmental Quality
No water or air quality issues are anticipated from the proposed project.
15. Section 7-206 Wildfire Hazards
The impact area of the subject property is identified as Low to Moderate according to Map
7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Pian (CWPP).
In addition, no slopes over 30% have been identified and no fire chimneys are known to
exist on the property. As a result, it is Staff's opinion that the wildfire hazard in this area
is within manageable levels.
16. Section 7-207 Natural and Geologic Hazards
As noted in Section 8 of this Staff Report, no natural and geologic hazards have been
identified on the subject property.
8
17. Section 7-208 Reclamation
Minimal disturbance is anticipated as a result of the proposed ADU. The driveways are in
place and the dwelling unit to be designated as the ADU is existing.
Article 7, Division 3, Site Planning and Development Standards
18. Section 7-301 Compatible Design:
The ADU use is generally compatible with surrounding residential land uses. In addition,
the property is encumbered with a conservation easement held by AVLT (See Exhibit 6).
AVLT has indicated that as long as the development occurs within the designated
envelope, then AVLT has no objections. Following a review of the proposed plans and
the letter from AVLT, it appears the ADU will be within the designated building envelope.
To this end, it is Staff's opinion that the ADU is compatible with the AVLT conservation
easement.
19. Section 7-302 Off- Street Parking and Loading Standards:
The Applicant has demonstrated through site plans that adequate off-street parking exists
for the ADU and primary dwelling unit.
20. Sections 7-303 Landscaping Standards:
The LUDC specifically exempts ADUs from Section 7-303.
21. Section 7-304 Lighting:
Staff recommends a condition of approval that any exterior lighting comply with the
Standards outlined in Section 7-304.
22. Section 7-305 Snow Storage Standards:
The property has adequate snow storage areas that are in compliance with County
standards.
23. Section 7-306 Trail and Walkway Standards:
No recreational or community facility access areas are proposed.
9
Article 7, Division 7, Accessory Dwelling Unit
24. Maximum Floor Area:
As the property is over 4 acres, the ADU is required to be limited to 3,000 square feet.
Staff suggests a condition of approval that the ADU be limited to 3,000 square feet or less
in size.
25. Ownership Restriction:
The Applicant and Owner understand that the ADU is restricted to leasehold interests and
may be used for residential or Home Office / Business use only.
26. Compliance with Building Code:
Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary
building permits from Garfield County for future development.
27. Minimum Lot Area:
The Applicant has 38.71 acres and as a result the minimum lot area requirement of at
least 2 acres in the Rural zone district is satisfied.
28. Entrance to Dwelling Unit:
The Applicant is proposing the ADU to be a separate building from the primary dwelling
unit. As a result, the ADU as it exists will comply with this standard.
VII. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding that the proposed Accessory Dwelling Unit is in conformance
with the Comprehensive Plan of 2030 as well as the Land Use and Development Code.
Staff, therefore, recommends approval with conditions of the Robinson ADU application.
Suggested Findings
1. That proper public notice was provided as required for the Administrative Review
Land Use Change Permit.
2. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
3. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Land Use and Development Code of 2013, as
amended.
10
Suggested Conditions of Approval
Conditions of Approval:
1. All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Board of County
Commissioners.
2. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701, Accessory Dwelling Units, of the Land Use and
Development Code of 2013, as amended.
3. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet.
4. The ADU shall be subject to all Garfield County Building Code Requirements. The
property owner shall obtain any necessary Garfield County Building Permits for
modifications and/or expansions to the ADU structure.
5. All exterior lighting shall be downcast and shielded and comply with Section 7-304,
Lighting Standards, of the Land Use and Development Code of 2013, as amended.
6. An ADU is restricted to leasehold interest in the dwelling unit and is for residential
or Home Office/Business use only, as described in the Land Use and Development
Code of 2013, as amended.
11
EXHIBIT
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property owners and mineral
owner
ailed notice was completed on the /S day of
016.
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
tice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
■ Please attach proof of certified, return receipt requested mailed notice.
0 My application required Published notice.
Notice was published on the day of , 2016.
■ Please attach proof of publication in the Rifle Citizen Telegram.
0 My application required Posting of Notice.
Notice was posted on the day of , 2016.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
Date:
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David Pesnichak
From: Wyatt Keesbery
Sent: Tuesday, December 20, 2016 1:44 PM
To: David Pesnichak
Subject: RE: Robinson ADU - 1548 CR 137 - Referral
Follow Up Flag: FollowUp
Flag Status: Flagged
No issues from a Road and Bridge stand point.
Wyatt
EXHIBIT
From: David Pesnichak
Sent: Friday, December 16, 2016 9:51 AM
To: Kelly Cave; Chris Hale; Wyatt Keesbery; Sullivan - DNR, Megan; rbiggers@ci.glenwood-springs.co.us;
Suzanne@avlt.org; Dave Erickson
Subject: Robinson ADU - 1548 CR 137 - Referral
Hello,
The Garfield County Community Development Department has received an application for an Accessory
Dwelling Unit (ADU) located at 1548 CR 137, located on Canyon Creek just west of Glenwood Springs. The proposal is to
convert an existing single family dwelling unit permitted as an Agricultural Exempt Employee Housing unit into an ADU
that may be rented to the general public. The property is owned by Bruce and Dayle Robinson and is approximately
39.158 acres. Attached is the Referral Form regarding this application. Please open and read it for instructions on
accessing a digital version of the application. Your comments are an important part of the evaluation process. In order
to review all appropriate agency comments and incorporate them into the staff report, we request your response by
Thursday January 5, 2017.
To access the application, go to: http://records.garfield-
county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch
Search for "Permit Number (File No.)": GAPA-12-16-8503
Thank You!
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
dpesnichak@garfield-county.com
http://www.garfield-county.com/community-development/
1
MOUNTIAIN CROSS
ENGINEERING, INC.
January 5, 2017
Mr. David Pesnichak
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Civil and Environmental Consulting and Design
RE: Review of the Robinson ADU Application: GAPA-12-16-8503
Dear David:
EXHIBIT
This office has performed a review of the documents provided for the Robinson Accessory
Dwelling Unit application. The submittal was found to be thorough and well organized. The
review generated the following comment:
• The Applicant should provide more information concerning the existing driveway. The
standards has requirements for widths, grades, easements, and drainage. These criteria
should be evaluated against the existing driveway construction.
Feel free to call if you have any questions or comments.
Sincerely
Mountail)Cross Engineering, Inc.
Chris Hale, PE
826'h Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
COLORADO
Division of Water Resources
Department of Natural Resources
13 1. 31 lerIIIa,I 31.1 eel, rcuurn OLI
Denver, Co 80203
MEMORANDUM
Date: December 16, 2016
To: David Pesnichak, Staff Planner
Garfield County Community Development Department
From: Justina P. Mickelson, Physical Science Researcher/Scientist
Re: Robinson ADU; GAPA-12-16-8503
EXHIBIT
We have reviewed the request for a permit for an Accessory Dwelling Unit (ADU) on a parcel of
approximately 38.71 acres in size (applicant intends to replace the existing ADU that is not
permitted with a new larger ADU), located in part of the SW1/4 of Section 24 in Township 5
South, Range 90 West of the 6th P.M., at 1548 County Road 137, (parcel no. 2123-243-00-123).
The property currently has an existing single family residence, access road and utilities in place.
The applicant does not propose to create a new lot or change the size of the existing lot. The
current water supply to the lot is provided by a well, currently permitted under Permit No.
167723, which the applicant has indicated is shared between the single family dwelling and the
ADU. The application also indicates existing individual septic systems each serving the existing
single family dwelling and ADU.
According to our records, Well Permit No. 167723 was issued on December 10, 1994, for an
existing well located in the NE1/4 of the SW1/4 of Section 24, Twp. 5 South, Rng. 90 West of
the 6th P.M. The use of groundwater from the well was approved for ordinary household
purposes inside two (2) single family dwellings, fire protection, the watering of domestic animals,
poultry, and livestock on a farm or ranch, and the irrigation of not more than one acre of home
gardens and lawns. The pumping rate of this well shall not exceed 15 gpm. Per our records,
the well was constructed and first put to use November 1990, and the current permit is valid.
On November 2, 2016, the following note was added to Well Permit No. 167723 that "Pursuant
to Policy Memorandum 93-4, the uses of this well allow for ordinary household purposes inside
up to three (3) single family dwellings, domestic animals, livestock and the irrigation of not over
one (1) acre of home lawn and garden."
The applicant's land use change request indicates that the well currently serves a single family
residence and ADU. The ADU would be considered, for the purposes of well permitting, to be
an additional single family dwelling.
As long as the uses of the well do not exceed those allowed under the permit, this office has no
objection to the well also serving the ADU.
Please feel free to contact me at 303-866-3581 if you or the applicant has any questions.
-o•
1313 Sherman Street, Room 821, Denver, Co 80203 P 303.866.3581 www.water.state.co.us j�
Board of Directors
Jim Cardamone
President
Fred Lodge
Vice -President
Gary Knaus
Secretary
Dan Brumbaugh
Treasurer
David Chase
Amy Daley Krick
Jeanne Doremus
Bill Kane
Matt Sturgeon
Staff
Suzanne Stephens
Executive Director
Dave Erickson
Stewardship Director
Erin Quinn
Conservation Director
Melissa Sumera
Operations Director
Valery Kelly
Philanthropy Director
Permanently preserving open lands for agriculture,
wildlife habitat, scenic enjoyment and recreation
in the greater Roaring Fork and middle Colorado River valleys
November 4, 2016
David Pesnichak
Senior Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: ADU Application —1548 CR 137 (sent via email)
Dear David,
EXHIBIT
This letter is in regard to a permit application for an ADU at 1548 County Road
137, Glenwood Springs. The applicant is Bruce and Dayle Robinson.
The Aspen Valley Land Trust holds two conservation easements (CEs) totaling
32.21 acres of property in Canyon Creek owned by Bruce and Dayle Robison (CEs
recorded in Garfield County on 10/05/2004 at reception 661067 and on 01/30/2006
at reception 691371). Both CEs prohibit building activity. The 15.95 acre CE to the
east of CR 137 surrounds a 5.16 acre parcel that is excluded from the conservation
easement (see attached survey).
So long as the permit application and associated construction activity for the ADU
is contained to the 5.16 acre parcel excluded from the conservation easement (see
attached survey), then the Aspen Valley Land Trust has no reason to object this
permit application.
Please contact me if you have any questions.
Kind Regards,
c« Cx1tCnSii/
Dave Erickson, Stewardship Director
Aspen Valley Land Trust
Phone: 970.963.8440
Email: dave(aavlt.org
cc: Bruce Robinson
EXHIBIT
"r
David Pesnichak
From: Ron Biggers <ron.biggers@cogs.us>
Sent: Monday, January 09, 2017 4:50 PM
To: David Pesnichak
Subject: Coms 1548 CR 137, Glenwood Springs, CO
Dave,
Comments on:
File # GAPA-12-16-8503
Bruce and Dayle Robinson
1548 CR 137, Glenwood Springs, CO
After our correspondence on this application today my questions have been addressed. With this application being an
existing structure that will be remodeled into an ADU the Glenwood Springs Fire Department staff does not any further
comments to make on it.
Ron Biggers
Deputy Fire Marshal
Glenwood Springs Fire Department
Fire Sprinklers Save Lives!!!
970-384-6433
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