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HomeMy WebLinkAboutDirector's Determination 07.10.18Gaffield Coun$ July 10,2017 Karl Hanlon 271 Willow Lane Carbondale, CO 81623 DIRECTOR DETERM¡NATION Administrative Review Land Use Change Permit - Karl Hanlon - Accessory Dwelling Unit - Garfield County File Number GAPA-O5- 17-8548 Dear Mr. Hanlon; This letter is being provided to you as the applicant in regard to an Administrative Review Application for an Accessory Dwelling Unit. The proposed use is at271 Willow Lane, Carbondale, CO 81623,located approximately 1 miles east of the Town of Carbondale and also known by Assessor's Parcel No. 239335400039. The Director's Determination on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 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. A Director's Decision is hereby issued approvinq the Application with the following conditions. flnnr{ifinnc of Ann I Þrinr fn fha lc.cr ranne nf a Land Use Ch a¡ nrl e Þarrnif' 1. To address the Roadway Standards detailed in Table 7-107 of the Garfield County Land Use and Development Code of 2013, as amended, for the 1 section of Willow Lane, from the County Road right-of-way to the applicant's driveway, the applicant shall, prior to the issuance of the Land Use Change Permit: a. Present evidence, acceptable to the Garfield County Community Development Director, that at the time of the acceptance of the Willow Lane North Extension, as described in Garfield County Resolution 90-091, there were two residential uses on the property, including of the pre-existing structure where the proposed ADU is located. OR b. Submit a waiverfrom Roadway Standards in Table 7-107 of the Land Use and Development Code of 2013, as amended, for the Willow Lane North extension road between the applicant's driveway and the County Road right-of-way. The waiver request shall be supported by a demonstration of compliance with the requirements detailed in Garfield County Community Development Policy, 01-14 Waivers for Roads and Demonstration of Compliance. OR c. Upgrade the road, from the driveway to the County Road right-of- way, to meet the Roadway Standards in Table 7-107. 2. Prior to issuance of a Land Use Change Permit, the Applicant shall conduct a water quantity and quality test on the well that serves the single family residence and proposed Accessory Dwelling Unit. The results of the pump test and water quality analysis shall comply with Section 4- 203(MXlXbXSXa) and Section 4-203(MXlXbXSXc) of the Garfield County Land Use and Development Code of 2013, as amended. The results of the pump test and water quality analysis shall be reviewed and accepted by the Garfield County Community Development Department and the designated County Engineer. Conditions 3. 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 Director's Decision. 4. At the time of building permit, the Applicant shall supply evidence that the upgraded Onsite Wastewater Treatment System to be used by the Accessory Dwelling Unit is installed and functioning on the property. 2 5. The Applicant shall comply with all conditions, requirements, and water usage limitations, detailed in Well Permit No. 48637. 6. 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. 7. The Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square feet. 8. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain all necessary Garfield County Building Permits prior to construction of the ADU structure. L 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. 10.4n ADU is restricted to leasehold interest in the dwelling unit and is for residentialor Home Office/Business use only, as described in the Land Use and Development Code of 2013, as amended. 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. Sincerely, Sheryl Di of munity Development Department cc of County Commissioners J