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Home My WebLink About7.0 BOCC Staff Report 11.04.2004Exhibits for Public Hearing held on November 1, 2004 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application E Staff Memorandum F Email from the Road and Bridge Department G Letter from Coy & Mary Bretthorst BOCC 11/01/04 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit request for a Two - Family Dwelling APPLICANT / OWNER Juan and Edithe Aguirre LOCATION 5154 County Road 214, west of New Castle in Peach Valley SITE DATA Approximately 7.7 acres ACCESS CR 214 (Peach Valley Road) WATER Well SEWER ISDS EXISTING ZONING ARRD I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to convert the lower portion (basement) of a recently constructed single- family dwelling into a separate dwelling unit which effectively creates a two - family dwelling (aka duplex). At present, the single - family dwelling is located on approximately 7.7 acres in Peach Valley west of New Castle and contains 2,460 square feet. A well provides potable water supply and wastewater is handled by a septic system. The dwelling and septic system were approved by the County Building Department and a certificate of Occupancy was issued to the Applicant on April 14, 2004. The property also contains what is referred to on the site plan as an "old abandoned house." This was discovered by the County Zoning Enforcement Officer (ZEO) because the ARRD zone district only allows one dwelling unit per property unless a Special Use permit has been obtained for and Accessory Dwelling Unit. In this case no permit has been sought. In a letter sent to the Applicant on October 7, 2003, the ZEO explained that the unit must either be removed from the property or converted to "storage" or other permitted use before a certificate of occupancy could be issued for the new dwelling unit being constructed on the property which is the subject of this application. The Applicants agreed and signed the letter committing to convert the unit to storage. [Staff toured the abandoned house on a recent site visit with the Applicant to determine what had been accomplished. In short, the house is very dilapidated and all utilities needed to inhabit the structure have been either removed or are in a stat of severe disrepair. The structure is clearly used for storage and would not be fit for human habitation without very significant rehabilitation.] 1 II. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in Section 5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means shall be provided. Impacts are generally expected to be minimal due to the large lot size and the fact that the structure is already in place on the property. B. Zoning Resolution: A two- family dwelling is a special use in the ARRD zone district pursuant to Section 3.01.03 of the Zoning Resolution of 1978. The application must address the general Special Use Permit requirements in Section 5.03. The requirements / standards are listed below in bold italics followed by a Staff response: J General Special Use Permit Requirements (Section 5.03) 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Finding Regarding water, the property currently has a well ( #253564) that serves the single - family residence. This permit provides evidence of a legal water supply for 1 single - family dwelling. In order to obtain additional legal water, the Applicant obtained an augmentation contract from West Divide Water Conservancy District (activated in August, 2004) for 1.05 -acre feet which allows for this well to serve the additional dwelling unit. The Applicant has submitted the contract to the Division of Water Resources so that a new well permit can be issued that provides for both units in the two - family dwelling. This new well permit is in the process of being issued. Staff discussed the issue with the Division 5 En_ineer who indicated should be no s rob em m ' ui ! th - 1 III i 1 1 uld the Board approve this SUP request, Staff suggests the Board require, as a condition of approval, the Applicant provide the County with the approved well permit that reflects the West Divide contract. Regarding wastewater, the Building Department approved a septic permit for the single- family dwelling unit on March 12, 2004. This 1,500 gallon system was based on a total of 5 bedrooms and a garage. The presently approved single - family unit has two bedrooms on the main level and two bedrooms on the upper floor. Staff understands one of the bedrooms on the main floor serves as an office; however, this room could easily be retuned to a bedroom use which affects the septic capacity. The proposed unit in the lower portion of the structure will contain only one bedroom. As a result, the bedroom count will stay the same with the new unit in the basement as it was contemplated when the septic system was designed and appears to be adequate for both units. Should the Board approve this SUP request, Staff suggests the Board require, as a condition of approval, the Applicant be prohibited to add any additional bedrooms unless they can demonstrate that the septic system can handle the increase. 2 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The property presently maintains an asphalt driveway off of CR 214 also known as Peach Valley Road. The Road and Bridge Department provided comments (Exhibit U) that the driveway entrance and pad look good. However a tree ocated along the fence just to the west needs to come down. The tree is just beginning to ome a problem, but in a few years, there will be no sight visibility which will cause a safety hazard. Staff suggests, should the Board approve the request, that this be made a condition of approval. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The location for the proposed unit is to be located within the existing structure on the property so no new structures are proposed. The addition of a second unit to the structure will not be visible as the front door of the unit will face the rear of the lots and the structure, as it looks today, will continue to resemble a single - family residence. All lighting associated with this structure shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the lot. III. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing 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. 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 3 IV. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The Applicant shall provide the County with the approved well permit that reflects the West Divide contract providing legal water for both units. 3. The two units combined shall not be allowed to have more than a total of 5 bedrooms unless the applicant can demonstrate that the septic system can handle the increase which shall need to be permitted by the County Building Department. 4. All lighting associated with this structure shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the lot. 5. The Applicant shall cut down the tree identified by the Road and Bridge Department that poses a future visual safety issue. This shall occur prior to the issuance of a Special Use Permit. 6. The Applicant shall be required to obtain a new building permit which conforms to the International Residential Code (IRC) requirements regarding the separation of two dwellings by a 1 hour fire rated assembly prior to the issuance of a Special Use Permit. 7. The Applicant shall not convert the "old abandoned house" on the property to a dwelling unit unless the proper land use permits have been obtained by Garfield County. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for a Two - Family Dwelling Unit for a property located at 5154 County Road 214 for Juan and Edithe Aguirre." 4 October 27,2004 John Martin, County Commissioner 108 8th St. Glenwood Springs, Co. 81601 Garfield County Planning Dept. 108 8th St. Glenwood Springs, Co. 81601 et i v OCT 2 9 2004 SU1LD {NG Pi.1411i;: '1u Re: Hearing on application by Aguirre, Nov 1st, 2004 Gentlemen: EXHIBIT 4 We recently received notice that Juan and Edithe Aguirre have applied to convert their home into a duplex. We oppose that idea. Unfortunately, we can not attend your meeting and hearing, but want this letter to serve as our opposition to any such change in density or use of the neighborhood. Issues like this are awkward because it pits neighbor against neighbor, and we genuinely like the Aguirres. But this issue goes beyond friendship, as it would be a fundamental shift in the neighborhood. It would be a real mistake to convert this into some type multi- family neighborhood - -it just should not be done! Also, we wonder about the well. Is there a well permit which allows for multi- family use? By necessity, all wells around here have to draw from a narrow corridor along the Ware and Hines ditch. That supply of well water can only be stretched so thin. We are the property owners directly south of the proposed duplex, and the ones most affected by such a change. Please accept this letter as our strong objection to the application. 1Zw27116^4....t- Coy Bretthorst and Mary Bretthorst 36887 Hwy 6 and 24 New Castle, Co 81647 cc Juan and Edithe Aguirre