HomeMy WebLinkAbout7.0 Staff Report 04.01.2010Davis ADU/MOL
April 1, 2010
GENERAL ADMINISTRATIVE PERMIT REQUEST
1. REQUEST
Terry and Victoria Davis request a permit for an Accessory Dwelling Unit (ADU) in the Rural
Zoning District at 0074 County Road 225, Antler Lane, Rifle, CO.
2. DESCRIPTION OF THE PROPOSAL
The applicant requests an Administrative Permit to allow for an Accessory Dwelling Unit
(ADU) at 0074 County Road 225, Antler Lane, Rifle, CO. Under this application, the existing
residence is designated as the ADU and a new residence will be built on the north side of the
40 acre property. The ADU contains less than 1,500 square feet of finished floor area and the
minimum lot size requirement has been met.
The water supply for the ADU and proposed residence will be provided via a spring located on
the property. In a report by Resource Engineering Inc., it states that the spring's water quality
is suitable for domestic and irrigation uses and the quantity is more than adequate to meet the
demands of existing uses and a new residence on the property. An Individual Sewage
Disposal System (ISDS) is proposed for the new residence and the existing residence is
presently accommodated by an ISDS system. A revised location of the ISDS system for the
proposed residence is illustrated in Exhibit A.
The proposed residence is situated north of the Cactus Valley Ditch which is owned and
operated by the Grand River Ditch Company. A letter from the ditch company's
representative, Neil Goluba, requests "that any County approval of the Davis' Application be
conditioned upon the Davis' executing an agreement with the Ditch Company defining the
historic setbacks established for the Ditch." This letter also states that the ditch does not have
a "specifically defined" easement. See Exhibit F. The Applicant's revised site plan indicates
at least a 20 foot separation between the ditch and proposed residence and leach field, a
distance capable of accommodating an easement if so desired. See Exhibit A. The County
believes that the delineation of a ditch easement and agreement on this property is a matter
between the property owners and Ditch Company, and not the County.
3. APPLICABLE REGULATIONS
The Land Use Table contained in Article III of the Land Use Resolution of 2008, as amended
designates an ADU as a Use Permitted Subject to Administrative Review. Section 7-801
stipulates requirements that must be met in order to apply for the General Administrative
Permit. Those requirements include a minimum lot size of two (2) acres or twice the minimum
lot size in zone districts where the minimum lot size is less than two (2) acres. The subject
property is 40 acres therefore compliant with this requirement. In addition, the maximum
square footage for an ADU in the Rural zone district is 1,500 square feet which is not
exceeded in the current request.
Davis ADU/MOL
April 1, 2010
Section 4-104 stipulates the Administrative Review Process and Section 7-801 provides
applicable standards for an ADU. All requirements have been met, including the requirement
for notice to the adjacent properties which the applicant has completed by submitting certified
return receipts for that notice.
4. REFFERAL AGENCY COMMENTS
Garfield County Road and Bridge — This department does not have any objections to this
application and also provides some additional comments. See Exhibit B.
City of Rifle Fire Protection District — It is the policy of the Rifle Fire Protection District to
review parcels of land that contain three (3) or more homes for fire code compliance. Since
this parcel does not meet this requirement, only recommendations are provided by this
agency. See Exhibit C.
Adjacent Neighbors — Two neighbors, John and Nila Parrington and Edith Goldman,
provided a letter and phone call, respectively, in support of the Applicant's ADU application.
See Exhibits D and E.
Grand River Ditch Company (represented by Neil W. Goluba, Goluba & Goluba P.C.) —
The ditch company requests that the County make as a condition of approval of this
application for the Davis' to execute an agreement with the ditch company defining the historic
setbacks established for the ditch. See Exhibit F.
5. RECOMMENDATION
Staff finds that the proposed ADU is in compliance with Article III, Sections 4-104, 4-501 and
7-801 of the Garfield County Unified Land Use Resolution of 2008, as amended and
recommends that the Director approve the General Administrative Permit to allow an ADU on
a property legally described as 0074 County Road 225, Antler Lane, Rifle, CO with the
following conditions:
1. The leach field for the proposed residence may be located north of the Cactus Valley Ditch
as shown in Exhibit A. However, if this location is found not to be suitable then the ISDS
system shall be located at another location on-site provided it meets all local and state
ISDS requirements.
2. All representations of the applicant within the application shall be considered conditions of
approval unless otherwise modified by the Determination of the Director.
3. 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.
4. The Applicant shall meet all requirements of the Garfield County Unified Land Use
Resolution of 2008, as amended and shall meet all building code requirements.
5. The accessory dwelling unit shall not be conveyed as a separate interest but may be
leased.
6. The gross floor area for the ADU shall not exceed 1,500 square feet.
2
Davis ADU/MOL
April 1, 2010
7. All construction of the new residence on-site to meet the current Garfield County building
codes, state, and federal requirements.
8. A driveway permit shall be required for the new residence. The driveway access permit
shall be issued with conditions specific to the driveway access location.
9. All vehicles hauling equipment and materials for this application shall abide by Garfield
County's oversize/overweight permit system. All vehicles requiring oversize/overweight
permits shall apply for them at Garfield County Road and Bridge.
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GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: February 22, 2010
Comments Due: Requested
Name of application: Terry and Victoria Davis ADU
Sent to: Garfield County Road & Bridge
EXHIBIT
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Molly Orkild-Larson
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road and Bridge Department has no objections to
this application with the following comments.
A driveway access permit shall be required for this location. The driveway access permit
shall be issued with conditions s.ecific to the drivewa access location.
The added traffic load created by this application will not have an impact on the total
traffic volume on Cr. 225.
All vehicles hauling equipment and materials for this application shall abide by Garfield
County's oversize/overweight permits system. All vehicles requiring oversize/overweigh
permits shall apply for them at Garfield County Road and Bridge Department.
Name of review agency: Garfield Coun Road and Brid e De. artment
By: Jake B. Mall
Date March 1, 2010
Revised 3/30/00
Molly Orkild-Larson
EXHIBIT
! G
From: Kevin Whelan [kewhelan@riflefiredept.org]
Sent: Friday, March 19, 2010 10:14 AM
To: Molly Orkild-Larson
Subject: Davis ADU - Permit # BLRE-11-09-1378
Molly,
The Rifle Fire Protection District has recently reviewed the proposed Davis ADU- permit # BLRE 11-09-1378.
The property is located at 074 CR 225. It is the District's understanding that the intent is to add a single ADU
on a 40 acre parcel that also has one other primary residence. The District's policy is to review parcels of land
that contain three of more homes for fire code compliance. Since this parcel does not meet this, the following
are recommendations only.
The proposed subdivision is within the boundaries of the Rifle Fire Protection District and fire and emergency
medical services are provided by the District. In order to improve our ability to provide these services, the
District makes the following recommendations:
1. Fire protection water is recommended for the site. Without dedicated fire protection water our ability to
fight a fully involved structure fire in this area is limited. The fire district does have some ability to
transport water to the site.
2. Posting of addresses: Addresses are to be posted where the driveway intersects with the County Road as
well as on the individual homes and / or where single drives intersect with the shared driveway. Letters
are to be a minimum of 4 inches in height, 1/2 inch in width and be in contrast to background colors.
3. Individual propane tanks are to be placed in a location where they are not subject to damage and
combustible materials are to be kept a minimum of 10 feet away from tanks.
4. Vegetation should be removed from near any structures to provide a safe area in the event of a wild land
fire.
5. Roadways: Consideration should be given to the heavy weights, widths and heights of emergency
apparatus when constructing driveways. Driveways should be of an all weather -driving surface.
Again, these are only recommendations to the property owners. Feel free to contact me if I can be of further
assistance or there are any questions.
Sincerely,
Kevin C. Whelan
Fire Marshal
Rifle Fire Protection District
"The Mission of the Rifle Fire Protection District to to Enhance Health and Safety and to Protect the Life , Home and
Property of the People We Serve"
TALLY HO RANCH, LLC
0145 County Road 225
Rifle, CO 81650
970-625-0208
FAX: 970-625-8636
tallvhoconst a,sopris.net
• March 20, 2010
Garfield County Planning Department
Attention: Ms. Molly Orkild-Larson
Garfield County Plaza Building
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Re: Request for Administrative Permit for an Accessory Dwelling Unit
Applicant: Terry and Victoria Davis
Dear Ms. Orkild-Larson:
s
EXHIBIT
We are writing this in support of our neighbors, Terry and Tori (Victoria) Davis. Ever since
they moved to Antlers Lane, they have been good neighbors to us and others. They keep their place
neat and attractive, and help out their neighbors whenever they can, including snow plowing drive-
ways or mowing the next door lady's lawn when she couldn't get to it.
We think the County should allow Terry and Tori an accessory dwelling on their property.
The County allowed us to subdivide our property so our children could have land on which to build
their homes. The land to the south of Davis's has two houses on it, and it is a much smaller parcel
than Davis's 40 acres. Our neighbors to the north of us, the Fraser's got permission from the County
to put in an arena facility. The neighbors to the north of the Fraser's received permission from the
County to build a metal building with living space in it before they built their new house.
So, you can see the County has been very flexible with us and our other neighbors in the past,
and should allow Terry and Tori Davis the same consideration.
JKP:np
Vija"
John and Nila Parrington
xc: Ms. Molly Orkild-Larson, Garfield County Planning Dept.,
0375 County Road 352, Building 2060, Rifle, CO 81650
Phone Conversations
Date: February 24, 2010
Conversation Between: Edith Goldman and Molly Orkild-Larson
RE: Terry and Victoria Davis ADU Application
EXHIBIT
I 5
Discussion:
Mrs. Goldman called to say that the Applicants are good neighbors. They have helped
her with snow plowing and putting up a fence. She also has no problem/issues with the
ADU they're proposed.
NICHOLAS W. GOLUBA
GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
1901 GRAND AVENUE, SUITE 206
P.O. BOX 931
GLENWOOD SPRINGS, CO 81602
(970) 945-9141
(970) 945-9143 (Fax)
February 19, 2010
Garfield County Building and Planning Department
Attn: Molly Orkild-Larson
0375 CR 352, Building 2020
Rifle, CO 81650
Re: Application of Terry Davis
0074 CR 225, Rifle, Colorado
Dear Mrs. Orkild-Larson:
EXHIBIT
NEIL W. GOLUBA
This firm represents the Grand River Ditch Company which owns and operates the Lower
Cactus Valley Ditch (the "Ditch") . It is my understanding that Terry Davis has applied to obtain
approval of an Accessory Dwelling Unit on his property located at 0074 CR 225, Rifle, Colorado.
The Ditch traverses the Property and the Ditch Company is concerned about possible encroachments
into the Ditch right-of-way.
The easement for the Ditch as it traverses the Property is historic in nature and not
specifically defined. The Davis' cannot construct or place any improvements within the historic
Ditch right-of-way. In order to avoid future conflicts between the Ditch Company and the Davis'
or future land owners, the Ditch Company proposes that the parties enter into a written agreement
establishing reasonable setbacks from the Ditch which correspond to the historic right-of-way used
by the Ditch Company. The agreement would provide that no structures shall be constructed within
25 feet of the centerline of the Ditch and no fences, trees, shrubs, and landscaping (other than grass
or lawn) shall be placed within 15 feet of the centerline of the Ditch. A proposed form of
agreement is attached hereto.
In order to protect the Ditch Company's rights and avoid future conflicts, the Ditch
Company requests that any County approval of the Davis' Application be conditioned upon the
Davis' executing an agreement with the Ditch Company defining the historic setbacks established
for the Ditch. The Ditch Company also requests a copy of the submittal packet associated with the
Davis Application and to be notified of any further proceedings in connection therewith.
C:1CPient\Grand River Ditch\Letter\2-19-m GarCo Bld and Plan.wpd
Garfield County Building and Planning Department
Attn: Molly Orkild-Larson
February 19, 2010
Page 2
Thank you for your consideration of this matter. Please contact me with any questions you
may have.
Very truly yours,
NEIL,//' GO
NWG/alb
cc: Grand River Ditch Company
C:\Client\Grand River Giteh\Lcucr\2-19-10 Gareo Bid and Plan.wpd
AGREEMENT
THIS AGREEMENT is made and entered into by and between GRAND RIVER DITCH
COMPANY (the "Ditch Company") and ("Owner").
A.
(the "Property").
RECITALS
is the owner and developer of
B. The Ditch Company is the owner of the Lower Cactus Valley Ditch, also known
as the Grand River Ditch (the "Ditch"), which traverses the Property.
C. Owner plans to construct an additional dwelling unit on the Property.
D. The parties have reached an Agreement regarding restrictions to be imposed on the
Property in order to protect the Ditch Company's historic use and maintenance of the Ditch and
are desirous of reducing their Agreement to writing.
AGREEMENT
NOW, THEREFORE, for and in consideration of the promises, covenants and agreements
herein contained, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Existing Easement. The parties recognize and agree that the Property is burdened
by a valid preexisting and lawful easement and right-of-way for the Ditch and the use, operation,
maintenance and repair of the Ditch. The parties agree that nothing contained herein shall be
construed to alter or otherwise restrict the Ditch Company's prior and continuing right to operate,
maintain and repair the Ditch in accordance with past and historic practices.
2. Setbacks. Owner hereby agrees that no building, shed, garage or other structure
shall be constructed within twenty-five (25) feet of the centerline of the Ditch as it traverses the
Property and no fences, gates or other improvements, including without limitation, trees, shrubs
or landscaping (other than grass or lawn) may be placed, maintained or permitted within fifteen
(15) feet of the centerline of the Ditch as it traverses the Property. Notwithstanding the foregoing,
the Ditch Company shall have no obligation to restore or repair damage to any grass or lawn area
maintained within the fifteen (15) foot setback occasioned by the Ditch Company's maintenance
and operation of the Ditch.
3. Ditch Company Rights and Liabilities. The parties acknowledge that this
Agreement does not amend or alter the existing and historic rights, responsibilities and liabilities
of the Ditch Company relating to or arising from the operation and maintenance of the Ditch in
its existing lawful easement.
4. Default. Should Owner or its successor in interest breach this Agreement in any
manner, the Ditch Company shall be entitled to damages and costs, including reasonable
attorney's fees incurred in enforcing the provisions of this Agreement.
5. Payment of Fees. Owner agrees to reimburse the Ditch Company for one-half (1/2)
of all fees or costs, including attorney's fees, incurred by the Ditch Company in connection with
this Agreement, including the drafting of this Agreement.
6. Amendments or Modifications. No amendment or modification to this Agreement
shall be valid or binding unless expressed in writing, executed by the parties.
7. Entire Agreement. This Agreement constitutes the entire and complete
understanding and agreement of the parties pertaining to the subject matter hereof and supersedes
any and all prior contemporaneous agreements or understandings in connection with the subject
matter hereof.
8. Recording and Binding Effect. This Agreement shall be recorded in the records
of the Garfield County Clerk and Recorder and shall run with the Property and be binding upon
and inure to the benefit of the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
2010.
OWNER GRAND RIVER DITCH COMPANY
By: By:
Alvin Hansen, President
By:
C: nic GDtehAweemrnbsumart.wad
2
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing Agreement was acknowledged before me this
, 2010, by , Owner.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
day of
Notary Public
The foregoing Agreement was acknowledged before me this day of
, 2010, by Alvin Hansen, as President of the Grand River Ditch Company.
Witness my hand and official seal.
My commission expires:
C:amnamana River OavI Agmen[nt.
pe.wpe
3
Notary Public
IAMETER
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PROPOSED GRAVEL
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5493.00
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SECOND FLOOR EL = 5505.15
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GRAPHIC SCALE
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NOTES
11 DATE OF SURVEY: APRIL 14, 2009 AND JANUARY 12,2010
( IN FEET )
1 inch = 20 ft.
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5/
NICHOLAS W. GOLUBA
GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
1901 GRAND AVENUE, SUITE 206
P.O. BOX 931
GLENWOOD SPRINGS, CO 81602
(970) 945-9141
(970) 945-9143 (Fax)
February 19, 2010
Garfield County Building and Planning Department
Attn: Molly Orkild-Larson
0375 CR 352, Building 2020
Rifle, CO 81650
Re: Application of Terry Davis
0074 CR 225, Rifle, Colorado
Dear Mrs. Orkild-Larson:
NEIL W. GOLUBA
RECEIVED
FEB 2 2 2010
GARFIELD COUNTY
BUILDING & PLANNING
This firm represents the Grand River Ditch Company which owns and operates the Lower
Cactus Valley Ditch (the "Ditch"). It is my understanding that Terry Davis has applied to obtain
approval of an Accessory Dwelling Unit on his property located at 0074 CR 225, Rifle, Colorado.
The Ditch traverses the Property and the Ditch Company is concerned about possible encroachments
into the Ditch right-of-way.
The easement for the Ditch as it traverses the Property is historic in nature and not
specifically defined. The Davis' cannot construct or place any improvements within the historic
Ditch right-of-way. In order to avoid future conflicts between the Ditch Company and the Davis'
or future land owners, the Ditch Company proposes that the parties enter into a written agreement
establishing reasonable setbacks from the Ditch which correspond to the historic right-of-way used
by the Ditch Company . The agreement would provide that no structures shall be constructed within
25 feet of the centerline of the Ditch and no fences, trees, shrubs, and landscaping (other than grass
or lawn) shall be placed within 15 feet of the centerline of the Ditch. A proposed form of
agreement is attached hereto.
In order to protect the Ditch Company's rights and avoid future conflicts, the Ditch
Company requests that any County approval of the Davis' Application be conditioned upon the
Davis' executing an agreement with the Ditch Company defining the historic setbacks established
for the Ditch. The Ditch Company also requests a copy of the submittal packet associated with the
Davis Application and to be notified of any further proceedings in connection therewith.
C:\Client1Grand River Ditch\Lener\2-19-10 GarCi Bid and Plan.wpd
Garfield County Building and Planning Department
Attn: Molly Orkild-Larson
February 19, 2010
Page 2
Thank you for your consideration of this matter. Please contact me with any questions you
may have.
Very truly yours,
NEIL T. GO B
��J
NWG/alb
cc: Grand River Ditch Company
C:\Client\Grand River aitch\Letter\2-19-10 GarCo Bid and Plan.wpd
AGREEMENT
THIS AGREEMENT is made and entered into by and between GRAND RIVER DITCH
COMPANY (the "Ditch Company") and ("Owner").
RECITALS
A. is the owner and developer of
(the "Property").
B. The Ditch Company is the owner of the Lower Cactus Valley Ditch, also known
as the Grand River Ditch (the "Ditch"), which traverses the Property.
C. Owner plans to construct an additional dwelling unit on the Property.
D. The parties have reached an Agreement regarding restrictions to be imposed on the
Property in order to protect the Ditch Company's historic use and maintenance of the Ditch and
are desirous of reducing their Agreement to writing.
AGREEMENT
NOW, THEREFORE, for and in consideration of the promises, covenants and agreements
herein contained, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Existing Easement. The parties recognize and agree that the Property is burdened
by a valid preexisting and lawful easement and right-of-way for the Ditch and the use, operation,
maintenance and repair of the Ditch. The parties agree that nothing contained herein shall be
construed to alter or otherwise restrict the Ditch Company's prior and continuing right to operate,
maintain and repair the Ditch in accordance with past and historic practices.
2. Setbacks. Owner hereby agrees that no building, shed, garage or other structure
shall be constructed within twenty-five (25) feet of the centerline of the Ditch as it traverses the
Property and no fences, gates or other improvements, including without limitation, trees, shrubs
or landscaping (other than grass or lawn) may be placed, maintained or permitted within fifteen
(15) feet of the centerline of the Ditch as it traverses the Property. Notwithstanding the foregoing,
the Ditch Company shall have no obligation to restore or repair damage to any grass or lawn area
maintained within the fifteen (15) foot setback occasioned by the Ditch Company's maintenance
and operation of the Ditch.
3. Ditch Company Rights and Liabilities. The parties acknowledge that this
Agreement does not amend or alter the existing and historic rights, responsibilities and liabilities
of the Ditch Company relating to or arising from the operation and maintenance of the Ditch in
its existing lawful easement.
4. Default. Should Owner or its successor in interest breach this Agreement in any
manner, the Ditch Company shall be entitled to damages and costs, including reasonable
attorney's fees incurred in enforcing the provisions of this Agreement.
5. Payment of Fees. Owner agrees to reimburse the Ditch Company for one-half (1/2)
of all fees or costs, including attorney's fees, incurred by the Ditch Company in connection with
this Agreement, including the drafting of this Agreement.
6. Amendments or Modifications. No amendment or modification to this Agreement
shall be valid or binding unless expressed in writing, executed by the parties.
7. Entire Agreement. This Agreement constitutes the entire and complete
understanding and agreement of the parties pertaining to the subject matter hereof and supersedes
any and all prior contemporaneous agreements or understandings in connection with the subject
matter hereof.
8. Recording and Binding Effect. This Agreement shall be recorded in the records
of the Garfield County Clerk and Recorder and shall run with the Property and be binding upon
and inure to the benefit of the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 2010.
OWNER GRAND RIVER DITCH COMPANY
By: By:
Alvin Hansen, President
By:
C:'Cliem\Grarid River Dimll\Ag
2
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing Agreement was acknowledged before me this day of
, 2010, by , Owner.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing Agreement was acknowledged before me this day of
, 2010, by Alvin Hansen, as President of the Grand River Ditch Company.
Witness my hand and official seal.
My commission expires:
C:\Clicm\Grund River Glmll\Agreement ample.wpd
3
Notary Public