HomeMy WebLinkAbout2.0 BOCC Staff Report 12.03.2001REQUEST:
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BOCC 12/3/01
PROJECT INFORMATION AND STAFF COMMENTS
A request for review of a Special Use Permit to
allow for an Accessory Dwelling Unit in the
A/R/RD zone district.
APPLICANT: Edward & Gloria Wilks
LOCATION: 5181 County Road 233 (Silt Mesa Rd.)
SITE DATA: Approximately 77 acres
ACCESS: Private Drive to Silt Mesa Road
WATER: Shared Well
SEWER: ISDS
EXISTING ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000, this site lies in the
"Outlying Residential" district. The suggested density is no more than one (1) dwelling
unit per two (2) acres.
II. DESCRIPTION OF THE PROPOSAL
A. Site & Project Description: The Wilks currently live in an existing 1,500 square
foot house located on the 77 acre property. They would like to make the existing
house an accessory dwelling unit so that they may build a new home which is
larger and can meet their needs as a growing family. The USGS map shows a
high point on the property of 5,844 feet, with an elevation change across the
property of more than 200 feet. The existing a proposed building improvements
would occur on the more gently sloping portion of the site, along the southern
boundary along Silt Mesa Road. The Farmer's Irrigation Ditch bisects the
property and lies between the existing and proposed units. A new driveway
would be installed to serve the new unit.
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III. MAJOR ISSUES AND CONCERNS
A.
B.
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.
Meeting this criteria appears possible as detailed in the body of this report.
Zoning: An accessory dwelling unit is a special use in the A/R/RD zone district
pursuant to Section 3.02.03 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
(7) That all construction complies with the appropriate County building code
requirements.
The lot exceeds the minimum lot size standard and the applicant has stated that
the existing house (a.d.u.) is within the maximum square footage limitation of
1,500 square feet. The application does not address whether any covenants are
applicable to the property. Water and sewage disposal are discussed elsewhere in
this report. The applicant should understand that the a.d.u. may be leased but
may not be conveyed as a separate interest in the future, unless the property is
subdivided.
The application contains a copy of a building permit card, #5339, which was
issued for a remodel (re -roof, vinyl siding, window replacement) in October of
1994. A final inspection was conducted in March of 1996. The application states
that plumbing and electrical permits were also issued. It states that in addition to
the re -roof, re -siding, and window replacement, that new doors, flooring, drywall,
plumbing, electrical, and appliances were installed, and that permits were issued
for all work, which was all inspected and approved. Staff has reviewed the
building department files and confirms that these are true representations.
2 of 4
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C. Access: Access will be provided via a new driveway from Silt Mesa Road. The
applicant has obtained an approved driveway permit from the Road and Bridge
Department, #73, which contains four conditions which must be met upon
driveway installation.
D. Water: The existing house (a.d.u.) has previously been served by a cistern. The
applicant obtained a well permit for the existing house (a.d.u.) and proposed
primary dwelling unit at the direction of staff. The application contains a copy of
well permit #234731 which may legally provide water within a maximum of three
(3) single family dwellings, the irrigation of not more than one (1) acre of lawns
and gardens, and the watering of domestic animals. The applicant appears to
have the necessary legal water rights.
While the application references well pump data for neighboring wells, this
specific supporting information could not be located in the application. Proof of
an adequate physical supply of domestic water in terms of quality and quantity
must be demonstrated prior to issuance of a special use permit. Typically, the
following standard has been used:
Prior to approval of the special use permit, the applicant shall submit evidence of
the following:
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 the number of proposed lots;
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;
6. The water quality be tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
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
Page 3 of 5
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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:
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;
3. That all State and Local health standards be met and that the applicant acquire an
adequate ISDS permit at the building permit stage;
4. That the gross floor area of the accessory dwelling unit, which is the existing
house at 5181 County Road 233, shall not exceed 1,500 square feet;
5. That the accessory dwelling unit shall not be conveyed as a separate interest but
may be leased;
That it is the applicant's responsibility to comply with any applicable covenants
or Homeowners' Association rules; The special use permit will not be issued
until evidence of written approval of the accessory dwelling unit by the
Homeowners Association is submitted to the Planning Department, unless no
Homeowner's Association exists.
Page 4 of 5
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7. Prior to issuance of the special use permit, the applicant shall submit evidence of
the following:
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 the number of proposed lots;
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;
6. The water quality be tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
8. That this approval shall be valid for one (1) year. If conditions are not met within
one (1) year (prior to 12/3/02), and subsequently no special use permit is issued,
the approval shall expire.
Page 5 of 5
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�•. Garfield County
Application for Driveway Permit
Application Date: 9/4/01 Permit Number: 73 Permitee: Edward Wilkes
Termination Date: 5/25/01 County Road Number: CR 233 Inspector: Kraig Kuberry
District: 2 Sub -Contractor:
2001
Edward Wilkes hereby requests permission and authority from the Board of County Commissioners to construct a
driveway approach (es) on the right-of-way off of County Road CR 233, adjacent to Applicant's property located on the
side of road for the purpose of obtaining access to property.
Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the
proposed installation showing all the necessary specification detail including:
1. Frontage of lot along road.
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed driveways and angle of approach.
5. Distance from driveway to road intersection, if any.
6. Size and shape of area separating driveways if more than one approach.
7. Setback distance of building(s) and other structure improvements.
8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision
expense.
9. Responsible for two years from the date of completion.
General Provisions
1) The applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by
him for the bona fide purpose of securing access to his property and not for the purpose of doing business or
servicing vehicles on the road right of way.
2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date.
3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their
representive, and all materials used shall be of satisfactory quality and subject to inspection and approval of the
Board of County Commissioners or their representive.
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of County Commissioners and their duly appointed agents and employee shall be held harmless against any action
for personal injury or property damage sustained by any reason of the exercise of the Permit.
5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of
the driveway approach(es) even though deposited on the driveway(s) in the course of the County snow removal
operations.
• 410
6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall
be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire
removed shall be turned over to the District Road Supervisor of the Board of County Commissioners.
7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written
permission of the Board of County Commissioners.
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County
Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof.
Special Conditions:
1. Contact Ditch Company For Proper Size Culvert
2. Min 30' Length
3. Gravel Back From Chips No Less Thjan 50'
4. Responsible For Getting Own Locates and Traffic Control.
In signing this application and upon receiving authorization and permission to install the driveway approach (es)
described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions
and agrees to construct the dr' = ay(s) in accorda with the accompanying specification plan reviewed and approved
by the :.a d of County Commissioners.
Signed:
Address:
Edwa d Wilkes
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Telephone Number: 7 7o
Permit granted 9/4/01, subject to the provisions, specifications and conditions stipulated herein.
For Board of County Co ; ssioners' of Garfield County, Colorado:
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Representative
Garfield County Road and Bridge Signature
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Special Provisions for Excavation of Road Surface and Installation
1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by
permitee. Further, any frozen material will be removed from site by permittee.
2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch.
Temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when
the weather or availability of materials allow the work to be completed. An asphalt or chipped surface cut would
require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will
require a seal coat of the patch, which will be full width or half width of roadway when trenches run with the
road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will
overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be
completed in a maximum of five (5) working Days. Weather permitting.
3) When possible all installations should avoid the top edge of a fill slope.
4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow
line at nearest abutment, wing wall, or culvert.
5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches
between installation and the bottom of the culvert.
6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of
the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be
installed daily to keep livestock out of the open trench after hours.
7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling
and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use
only certified weed -free seed. Noxious weed control will be ongoing along with revegetation.
8) The permittee should check the R -O -W of surrounding landowners to see if other permits are required, i.e., BLM,
Forest Service.
Ltu,
Representative fo
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fiel County Road and Bridge
ward Wilkes
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Specifications
I. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge
and the property line that is designed and used for the interchange of traffic between the roadway and abutting
property.
2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the
normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum
intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be
provided.)
3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to
obtain adequate sight distance in both directions along the county road in order to maneuver safely and without
interfering with county road traffic.
4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or
extending over any portion of the county road right-of-way.
5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than
one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100)
feet shall be permitted only after showing of actual convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon
adjoining property.
7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline
of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater
than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by
permissible radii.
8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle
between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will
be made according to the type of traffic to be served and other physical conditions.
9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited.
Commercial establishments for customer vehicles should provide off -the -road parking facilities.
10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the
normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20)
feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%).
11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at
entrances and exits, which will become an integral part of the existing drainage system. The Board of County
Commissioners or their representative, prior to installation, must approve the dimensions of all drainage
structures.
Note: This permit shall be made available at the site where and when work is being done. A work sketch or
drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing,
blueprint, or sketch.
No. •533
Job Address 5/v J G 33
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Phone # 4,25' ,45312-4
Address os 31 40 phone Phone # 876 -AY az-
Soils Test
Footing
Foundation
Grout
Underground Plumbing
Rough Plumbing -
Framing
Insulation
Roofing
Drywall
Gas Piping
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eatherproofing
Mechanical
Electrical Rough (State)
Electrical Final (State)
Final F1/VI'-- /Checklist Completed? V/ -`l6
Certificate Occupancy #
Date
Septic System #
Date
Final
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'RECEIVED SEP 1 0 2001
Garfield County - Application for Special Use Permit
Edward and Gloria Wilks
5181 County Road 233
Rifle, CO 81650
625-1316
Already Existing Home Requesting Special Use Permit
The home was completely remodeled 1994 / 1995 with Garfield County Approval.
With our contractor, we were approved for, and issued, a building permit for the remodel.
With our contractor, we were approved for, and issued, plumbing permits.
With our contractor, we were approved for, and issued, electrical permits.
In accordance with our permits and modern code, we re -built the entire home by installing
new roofing, siding, windows and doors. We installed new flooring and drywall. We also
completely re -installed new plumbing, electrical, heating, and appliances.
All building improvements were submitted, permitted, inspected, and approved.
All plumbing improvements were submitted, permitted, inspected, and approved.
All electrical improvements were submitted, permitted, inspected, and approved.
The home is just under 1,500 square feet.
The home has all new appliances including washer, dryer, refrigerator, dishwasher, stove,
oven, microwave, forced -air heating/cooling, water heater, water dispenser, etc.
RE€EL ED SEP 1
Garfield County - Application for Special Use Permit
Edward and Gloria Wilks
5181 County Road 233
Rifle, CO 81650
625-1316
1. The plans and specifications for the proposed use are as follows: Special use permit for the
existing 1,500 square foot house, single family home with family hours of operation. This
will include a normal family amount of traffic and vehicle access, normally one or two cars
per day leaving and arriving. Doing so, in order to add another single family home with a
two -car garage, measuring 2,100 square feet of living space.
2. A well will provide water for both houses. Attached are copies of the well permit, along
with a detailed analysis of the neighboring wells in this area describing the well depth, water
level, and rate of production. (See well sheet, data fields 2, 5, 8.)
3. Included is a map drawn to scale which portrays the surrounding area. The existing house
for proposed special use permit, including all surrounding structures, the proposed new
house, Silt Mesa Road, Miller Lane, the existing home's driveway, and the new proposed
home's driveway, both, onto Silt Mesa Road. (Attached is a copy of the new home's
approved driveway permit.) The map also includes the existing farmer's irrigation ditch.
Also included is a portion of the United States Department of Interior Geographical and
Topographical area map including everything within one mile.
4. Included is a standard topographical map showing the slope of the area and property. This
map is the United States Department of Interior Geographical and Topographical map of
1:24,000 scale quadrangle.
5. Included is a copy of the appropriate portion of a Garfield county Assessor's map showing
all public and private landowners adjacent to the property. Also, included is a list of all
property owners and their addresses.
6. Attached is a copy of the deed and a legal description of the property. The legal description
is as follows: NW % SE'/4 and the SW'/a SE 1/4 of Section 34, Township 5 South, Range
92 West of the 6"' P.M. containing 77 acres, more or less.
7. (This section does not apply to this application.)
We will notify, by certified return receipt mail, all adjacent landowners and publish the
notice provided by the Planning Depai tment, in a newspaper of general circulation. Both these
notices will be mailed/published at least fifteen (15) days prior to the public hearing.
Form No. OFFICE OF THE S E ENGINEER
GWS -25 COLORADO DIVIS N OF WATER RE
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
k1S COPY
RECEIVED SEPLItO 2001
WELL PERMIT NUMBER 234731
DIV. 5 WD 39 DES. BASIN MD
EDWARD JACOB & MARIA GLORIA WILKS
PO BOX 583
RIFLE, CO 81650-
(970) 625-1316
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SE 1/4 Section 34
Township 5 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
302 Ft. from South
429 Ft. from East
UTM COORDINATES
Northing:
Section Line
Section Line
Easting:
1
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 39.00 acres described as that portion
of the SW 1/4, SE 1/4, Sec. 34, Twp. 5 S, Rng. 92 W, Sixth P.M., Garfield County, more particularly described on the attached
exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
APPROVED
SAP
Receipt No. 9500730
State Engi eer
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DATE ISSUED AUG 0 1 20 0
By EXPIRATION DATE' U G 0 1 200
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