HomeMy WebLinkAbout5.0 Director's Determination 07.16.18Gørfield Coulnty
July 16, 2018
Royal and Lezlie Laybourn
291 Mountain View Road
Carbondale, CO 81623
D¡RECTOR DETERMINATION - Administrative Review Land Use Change
Permit - Laybourn - Accessory Dwelling Unit -
Garfield County File Number GAPA-06-18-
8655
Dear Mr. and Mrs. Laybourn;
This letter is being provided to you in regard to a General Administrative Review
Application for an Accessory Dwelling Unit on your property. The proposed use is
at 181 County Road 100, Carbondale, CO 81623, located approximately 0.75
miles east of the Town of Carbondale with access off private roadways and County
Road 100 and also known by Assessor's Parcel No. 239335200055.
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.
I
/,;i,î
A Director's Decision is hereby issued approvinq the Application with the following
conditions.
Conditions of Approval
Conditions to be Satisfied Prior to lssuance of the Land Use Change Permit:
1. The property owner shall obtain a final issued well permit from the Division
of Water Resources that is legally able to serve the ADU. This permit shall
be reviewed and accepted by the Community Development Department
prior to issuance of the Land Use Change Permit.
2 The property owner shall submit a water quality test conducted in
accordance with the requirements of Section 4-203(MXlXbXSXc) of the
LUDC prior to issuance of the Land Use Change Permit. The results of this
water quality test shall be reviewed and accepted by the Garfield County
Community Development Department and the County designated engineer
prior to issuance of the Land Use Change Permit. Should any water
treatment measures be necessary in order to meet Primary Drinking Water
Standards, those improvements shall be installed prior to issuance of the
Land Use Change Permit. Demonstration of any necessary water treatment
equipment shall be reviewed and accepted by the Community Development
Department and the County designated engineer.
A new building permit shall be issued by the County Building Department
for the structure where the ADU is to be located. lssuance of any required
Certificates of Occupancy shall be issued by the Building Department prior
to issuance of the Land Use Change Permit. Demonstration of issuance of
the building permit and Certificate of Occupancy shall be reviewed and
accepted by the Community Development Department.
,ll ;í,
/urnltfu
8l t>
3
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.
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 any necessary Garfield
County Building Permits for establishment, modifications and/or expansions
2
to 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.
g. An 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 o12013, as amended.
10. There appear to be high levels of secondary contaminants in the well water
such as total dissolved solids, hardness, sulfate, etc. lt is advised that the
Owner contact a professional to determine if treatment of these
contaminants is warranted.
This Determination will be fon¡rarded 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,
ryl Bower, AICP
of Community Development Department
Board of County Commissioners
file
Di
J