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Home My WebLink About2.0 Staff Report BOCC 05.09.94REQUEST: APPLICANT: LOCATION: SITE DATA: ITATER: SEtrTER: ACCESS: EXISTING ZONING: ADJACENT ZONING: ETA E'E. ErB 2 ttrmr;soF ?,*L;T;;^t at D ?,e, BOCC lstgtg+\l-'t PROJECT TNFORMATION AND STAFF COMMENTS An exemption from the delinition of subdivision. C*rne> Stonnie Werking A tract of land located in Section 2, T65, R89W of the 6th PM, located at l11l No Name Lane, northeast of Glenwood Springs. .72 acres (31,363 sq. ft.) Central Water (No Name Creek Water Association) Expanded ISDS Gravel Drive from U.S. 6&24 R/G/SD R/G/SD II- RELATIONSHIP TO THF COMPREHENSfVE PI AN The site is located in District C - Rural Areas Moderate Environmental Constraints as designated on the Garheld County Comprehensive Plan Management Districts' Map. NFSCRIFTTION OF THE PROPOSAL A. Site Descrifrtion: The site is a wedge shaped parcel located in the No Name area, located between U.S. 6 &24 arrd No Name Creek. The property is currently occupied by a single-story frame house situated approximately 5! feet from the edge of No Name Creek. A vicinity map is sno*, on page tTt, a site plan is;!o-yn ,npug"'-b.' , and the applicant's cover letter is attached on pagef?*l B. Project Descrifrtion: THE APPLICANT'S ARE NOT REQUESTING THE EXEMPTION TO CREATE SEPARATE Df,TELLING I]NITS. The exemption is being requested due to the dehnition of "separate interests" described in State Statutes addressing subdivision. - l' IIr. The applicants would like to construct a second dwelling unit on the parcel, attached to the existing dwelling unit. The R/G/SD zone district allows for "Single-Family, Two-Family and Multi-Family dwelling units" as a use by right. A "guest house" is not allowed within the R/G/SD zone district. Section 2.02.20,21and22of the Zoning Resolution defltnes Single, Two-Family q4d Multi-Family uses as .."A building containing one, two, thrd6iEoiie dwelling units". This definition requires that the dwelling units be within a single structure. A covered breeze way has been interpreted in the past as meeting this criteria. The "separate interest" problem is found in the method that Colorado State Statutes dehnes "subdivision". C.R.S. 30-28-l0l(l0Xa) def-rnes subdivision as ...."any parcel of land in the state which is used for condominiums, apartments, or other multiple dwelling units...". Based on conversations with Mark Bean and Don DeFord, the County must go through some form of subdivision process in order to comply with the dehnition of subdivision as defined in CRS 30-28- 1 0l as it relates to a separate dwelling on the property. Since the applicant qualilies for the exemption process under Section 8.52, staff felt that this was the most appropriate avenue for the applicant. MAJOR ISSUES AND CONCFRNS Suhdivision Regulations. Section 8.52 (A) of the Garheld County Subdivision Regulations state that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Oflice on January l, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way ornatural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; The parcel existed as a .72 acre parcel as far back as 1 969 ( Book 471 , Page 948). Since no splits have occurred on the property, the current request is consistent with requirements of Section 8.52 (A). - ning. 'section 8.52 (B) requires that all Garheld County Zontngrequirements be met. The minimum lot size in the R/G/SD Zone District is 20,000 square feet. Since the lot is 31,000+ sq. ft., no additional lots can be created. Since no lots will technically be created, the exemption action appears to be consistent with the zoning requirements for the R/G/UD zone district. T ogal Access. Access to the lot remains the same. Water and Sewer. The existing dwelling unit is served by a well located adjacent to the structure. The applicant has indicated that the No Na^ure Creek Water Association has given verbal approval to an additional tap for the addition. No A. B. C. D. -7o written documentation has been presented by the applicant. Staffsuggests that this submittal be a condition of approval. The existing dwelling unit is served by a septic system installed in 1950. The proposed extension of the dwelling unit will install an additional ISDS in the property. Soil types in the area and exposed rock outcroppings may present significant constraints to conventional ISDS, and an engineered systemmay be required. In addition, the property may face diffrculties meeting the following State Health Department ISDS setback standards: Setback from an existing wellhead = 100 feet Setback from a live stream or water body = 50 feet Setback from adjacent property line = l0 feet One option that the applicant may wish to consider is abandoning the existing well, and obtaining an additional tap from the community water system. This would relieve the property from the wellhead setback restriction. E. State and T ocal Health Standards. No State or Local health standards are applicable to the application, with the exception of ISDS setback standards discussed above. F. Drainage. No drainage easements appear to be necessary, but should be verified on the held by the applicant's surveyor. G. Fire Protection. No response has been received from Glenwood Springs Fire Protection District. Staff suggests that this be a condition of approval. H. Easements. No plat will be required for the exemption, therefore no easements appear to be necessary. L School tmpact Fees. No school impact fee is required, since no separate lot is being created. J. Natural Hazards. Staffreferenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is not located within an area of Soil, Slope, or Groundwater/Septic System constraints. K. Floodplain. No floodplain mapping is available for No Name Creek. TV. SUGGESTED FTNDTNGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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. -3e 3. That for the above stated and other reasons, the proposed exe,mption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staffrecommends APPROVAL ofthe application, subject to the following conditions: l. That all representations of the applicant, either within the application orstated at themeeting before the Board of County Commissioners, shall beconsidered conditions of approval. That evidence of a hap agreement for the proposed dwelling unit, shall be submitted prior to the signing of a resolution of approval. 3. Prior to the approval of a building permit, the applicant shall submit ISDS plans, certified by a Registered Engineer, establishing consistency with Colorado Department of Health setback requirements. I 4. To ensure consistency with the Garfield County Zorung Resolution, the additional dwelling unit must be attached to the existing structure. 5. Prior to obtaining a building permit, the applicant shall have the setback variance from No Name Creek approved by the Garfield County Board of Adjustment (scheduled for a public hearing on May 27, 1994). 6. Priorto the signing of a resolution, the applicant shall submit approval fromthe Glenwood Springs Fire Protection District. + l,lro vr* bHAvJ,n( Skte\ ?* At t.,4'n0 , 4, .,,1'.t, t, I ttuttHSfi.r€ \t=',xrJh ftrecat-' I t- qe *lo J"r*- CH==.Y\ Adro'dr/t,J ::lb5 NOTE, ? C oso Oct ltunt c ju O - i,lt \Hzl(rhlq 5v={ L - Vtr.rr.lrry MtrF t0 8' DRop +-o c REE/\ /t 1,[0 Gr:. ry Crrel ir\ \ \ 00 \ t.I 1 \,.\ ruk',ND ..Nu NNul.r; - :tu,rlff{ffib"^'.)F-- - :iil:'!'1ffi#'Wamat ;;ff:'t [\0, IJ,S,rtEttwAY T;ff-ffi{-,'TnilH;' i;-{.I'*" '|: ;':iri.ir: :: l:l:: iif$[4;'[iri fir'i i I,: t,' riHti tr t T \ p \p \ 24 Garfleld County Commissloners Garfleld County Werking Home March 30, I994 Dear Sirs, I request the board of County Commlssloners to grant my requesE to vary Sec. of the zone dlstrlct for purposes of constructlng a house as shown on the attached plans. The basls for thls requesE is to attach a second structure to the exl-stlng house. The purpose ls to be able to 1lve next to my mother, Vlola Lake, allowl-ng her to remaln in her home. Her recent illness requlres her to be nearer someorie than she l-s now. The exceptlonal topographic condltlon of thls parcel requlres us to build where there is the ]evel area to construct, and stl11 attach to the existing home. The part. of the new house closest to the creek w111 be at least ten feet from the edge of the creek, and elght feet. above the creek bed. This places the structure, from our personal experlence of over fwenty years, above hlgh water marks. Thank you for considerlng thls requesE. t,:(,- S lncerely, Stormle M# (i \.- t Submlttal Requlrements: Attached Attached At tached At tached Attached WaEer - NoName Creek Water Assoclatl-on Verbal rrater approval glven by the NoName Water Assoclatlon Clem Kopf Pres. Sewer - Septlc Tank Attached The parcel existed as descrlbed on January 1, 1973 as Rlchard and Vlola Lake llved there as tenants for two years prlor to purchaslng the property ln September of 1973, from Ruth 11. Rhodes, of Boulder Colorado Attached A: B: C: D: Er r. H: I: J: Thank you for considerlng thls request. S incerely, StormLe Werklng,appllcant