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HomeMy WebLinkAbout4.0 Director's Determination 07.06.2018Garfield County July 6, 2018 Brad Nelson and Ann Brumby 1949 Dolores Way Carbondale, CO 81623 DIRECTOR DETERMINATION - Administrative Review Land Use Change Permit — 6698 Highway 82, Glenwood Springs — Accessory Dwelling Unit - Garfield County File Number GAPA-02-18-8609 Dear Mr. Nelson and Mrs. Brumby; 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 6698 Highway 82, Glenwood Springs, CO 81601, located approximately 4 miles south of the City of Glenwood Springs with access off private roadways and Highway 82 and also known by Assessor's Parcel No. 239501100017. 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 and Waivers to Section 7-107, Access and Roadways, 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. 1 A Director's Decision is hereby issued approving the Application with the following conditions. Conditions of Approval: Conditions to be Satisfied Prior to Issuance of the Land Use Change Permit: 1. Prior to issuance of the Land Use Change Permit the applicant shall have a geo-hazards study conducted by a qualified professional. Any recommended mitigation measures suggested by this study shall be installed prior to issuance of the Land Use Change Permit. Demonstration of installation of any required mitigation measures shall be reviewed and accepted by the Community Development Department and County designated engineer. This study shall address the following items: a. That applicable setbacks from the existing drainage from the hillside above that drains adjacent to the lot, as required by Section 7-203, will be satisfied. b. To evaluate any drainage and/or erosion issues related to the requirements of Section 7-204(B) and (C). c. To evaluate hazards created by the steep hillside and drainage and verify whether or not the hazards identified in Section 7-207 exist. Conditions of Approval: 2. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 3. At the time of construction of the ADU, the property owner shall have the Onsite Wastewater Treatment System (OWTS) designed by a professional and obtain an OWTS permit from Garfield County. 4. 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. 5. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 6. 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 to the ADU structure. 7. All exterior lighting shall be downcast and shielded and comply with Section 2 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 8. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development Code of 2013, as amended. 9. Due to a very high wildfire susceptibility in the area where the ADU is to be constructed, the roof materials of the ADU structure shall be comprised of a noncombustible material. 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. S ; yt =ower, AICP Director of Community Development Department Cd: Board of County Commissioners file 3