HomeMy WebLinkAbout4.0 Director's Determination 12.06.2017Garfield County
December 6, 2017
Daniel and Connie Biggs
3385 County Road 311
New Castle, CO 81647
DIRECTOR DETERMINATION — Biggs ADU — 3385 County Road 311 —
Administrative Review — Daniel and Connie
Biggs (File No. GAPA-09-17-8581)
Dear Mr. and Mrs. Biggs;
This letter is being provided to you as the applicant for a General Administrative
Review Application for an Accessory Dwelling Unit. The proposed use is at 3385
County Road 311, New Castle, CO 81647, located approximately 1.75 miles south
east of the Town of Silt with access off County Road 311 and also known by
Assessor's Parcel No. 2179-134-00-016.
The Director's Determination on the Application is based on the following findings
and subject to the Applicant's representations and conditions of approval.
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.
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A Director's Decision is hereby issued approving the Application with the following
conditions.
Conditions Prior to Issuance of the Land Use Change Permit:
1. Prior to the issuance of the Land Use Change Permit, a letter from a
qualified professional shall be supplied to the Community Development
Department detailing any required improvements that need to be completed
to ensure the water distribution system meets County water quality
standards as detailed in Section 4-203(M)(1)(b)(5)(c) of the Land Use and
Development Code. Any identified improvements shall be required at the
time of building permit. Compliance with this condition shall be reviewed
and accepted by the Community Development Department and the Garfield
County designated engineer.
2. Prior to the issuance of the Land Use Change Permit, the applicant shall
submit a pump test that meets the standards in Section 4-
203(M)(1)(b)(5)(a). A statement from a qualified professional shall be
submitted to Community Development that states the well will be adequate
to supply water for the proposed uses. The pump test shall be reviewed and
accepted by the Community Development Department and the County
designated engineer.
3. Prior to the issuance of the Land Use Change Permit, the applicant shall
work with Garfield County Vegetation Management to address issues from
Steve Anthony's November 13, 2017 referral comments (Exhibit 7). A
demonstration of compliance with this condition shall be provided by
Garfield County Vegetation Management.
Conditions of Approval:
4. All representations of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Board
of County Commissioners or the Community Development Director.
5. 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.
6. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000
square feet.
7. The ADU shall be subject to all Garfield County Building Code
Requirements. The property owner shall obtain all necessary Garfield
County Building Permits.
8. An ADU is restricted to leasehold interest in the dwelling unit and is for
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residential or Home Office/Business use only, as described in the Land Use
and Development Code of 2013, as amended.
9. The property owner shall obtain a Garfield County Onsite Wastewater
Treatment System (OWTS) permit prior to installation of the system. The
system shall be engineered.
10.A11 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.
11. The new driveway access off of the existing driveway shall meet the
Roadway Standards as detailed in Table 7-107 of the Land Use and
Development Code.
12.At time of building permit, the applicant shall provide a demonstration that
the ADU has been given a separate address from the existing single-family
residence to aid in emergency response.
13.At the time of building permit, the applicant shall supply a demonstration
from a qualified professional that the structure is located 18" above the
adjacent floodplain.
14.At the time of building permit the applicant shall supply a demonstration that
any required improvements to the well or water distribution system have
been completed to address identified water quality issues. These
improvements will be based on the analysis of a qualified professional
supplied to Community Development prior to the issuance of the Land Use
Change Permit, or as that analysis has been updated.
This Determination will be forwarded to the Board of County Commissioners for a
period of 10 days so that they may determine whether or not to call up the
application for further review. According to the Land Use and Development Code,
Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the
Applicant, or any affected Adjacent Property Owner." Should this time period pass
with no request for review or public hearing, the decision shall be final.
Please contact this department if you have any questions.
Sin -r
y1
She Bower, AICP
Direc or of Community Development Department
CC: Board of County Commissioners, file
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