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HomeMy WebLinkAbout3.0 BOCC Staff Report 06.10.2000REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: EXISTING ZONING: AJACENT ZONING: PROJECT INFORMATION AND STAIf COMMENTS BOCC l0-June-2000 Special Use Permit - Accessory Dwelling Unit Cade Benson acting on behalf of Jerry Semrod and Susan McDermott, co-owners of Flattops Gateway Ranch. Tract 40 located in Sections 5&8, T3S, R87W. The driveway to this property is located approximately 17 miles northwest of Dotsero along CR 150. 34.86 Acres Individual well, well permit number 180723 ISDS, permit number 2818 Direct access from CR 150 A/R/RD A/R/RD and US Forest Service Lands or Open Spaces T-AN This parcel of land is located in Study Area IV of the Garfreld County Comprehensive plan and is in general conformity with the Issues, Goals, objectives, policie, u1d prog.u*s outlined in Section III, Chapter 5, Recreation and Open Space. INTRODUCTION/DESCRIPTION OF TI{E PROPOSAL The applicant, cade Benson, is requesting a Special Use permit to allow an AccessoryDwelling Unit on the Flattops Gateway Ranch (FGR) property to provide housing foitheir seasonal staff. This accessory dwelling unit will be excluiiveiy roi ttre housing nleds of thestaff. The proposed dwelling unit will be a modular unit approximately z4'Xio' containing bathroom and bathing facilities, food preparation and livingisleeping space. Flattops Gateway Ranch is the trailhead for Colorado High Guide Service (CHGS), their mainfocus is taking people into the Flattops Wilderness Area with the assistance of horse andmules, to pursue such activities as guided or drop-camp hunting and fishing expeditions,wildlife/wild-country photography and horsebacl riding. With'horse ana mulei being a centerpiece to their activities, over the years the ownerJof Flattops Gateway Ranch hive builton the property a barn, storage building, corral, supporting septii system, leech field andwater well to support this activity. These facilities have bien necessary for the ranch hands that tend to the horses and mules from approximately mid-June to mid/late November.During the season that CHGS is active the amount of full time ranch hands staying at FGRrange from two to three hands in the Summer increasing to ten to twelve tranai uyltre end ofthe last regular hunting season in mid November. In past.years FGR has provided housing for their seasonal staffby renting units from theirimmediately adjoining neighbor the Sweetwater Wilderness Ranih. For whatever reason these rental units are no longer available forcing Flattops Gateway Ranch to find an alternative housing arrangement for their seasonal staff. ru. Section 5.03.21 Accessory Dwelline Unit (l) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. The subject lot is 34.86 acres in size and the lot contains a building site with slopes less than 40o/o and at least two (2) acres in size. (2) The grossfloor areafor residentialfor residential use shall not exceed 1,500 sq. ft.The proposed accessory dwelling unit is approximately 960 sq ft in area. (3) Approval from the subdivision homeowners association and/or allowed by covenant r,f applicable. Not applicable. (4) Proof of a legally adequate source ofwaterfor an additional dwelling unit. The owners of the property have an existingwell, permit number $01:3 properly issued by the Offrce of the State Engineer, Colorado Division of Water ResourceJ on l6-Aug- '94. (5) Compliance with the County individual sewqge disposal system regulations or prooJ oJlegal ability to connect to an approved cen*il sewage triatmentfacility. The property owners currently have an existing septic system o, it. p.op.rty, Garfield County permit number 2818. However, it musi be noted that domestii *ist"*at.. cannor exceed 2,000 gallons per day (gpd) on any individual lot regardless ifthere is one or twoISD systems. If domestic wastewater were to exceed 2,000 gpd on any lot, Stateapproval would be required. This will be a condition of appibval of this Special Usepermit. (6) Only leasehold interest in the dwelling unit is allowed. The people occupying this dwelling will not be the property-owners but they will be in service for the property owner. (7) That all construction complies with the appropriate County building code requirements. This will be a condition of approval of thii Special use Pirmit. BuiHing pei*its will hqve to be obtained for any primary and/or i""rrrory dwelling unit to bi built on the subject property. As part of the_Conditions for Approval this unit will comply with all the regulations setforth in the Minimum Application Requirements for Mobite Homes. In ord-er for theapplicant to maintain an R-3 rating no more than ten people can occupy this dwellingunit. , SUGGESTED FINDINGS: J- That proper posting and public notice was provided as required for the heanng before the Board of County Commissioners. That the hearing before the Board of County cornnlissioners was exrensive and complete, that all the pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. That for the above stated and other reasons. the proposid Special use pennit is in the best interest ofthe health. safety, morals, convenience. order. prosperity and welfare of the citizens of Garheld CounW. ) 4. That the application is in conformance with the Garfield County Zorung Resolution of 1978. as amended. RECOMMENDATION Staffrecommends APPROVAL, with the following conditions: 1. Comply with Section 5.03 .21 of the Garfield county Zoning Resolution. 1978, as amended. 2. This modular unit will comply with the regulations detailed intheMinimunr Application Requirements for Mobile Homes and those regulations found to be pertinent in UBC, UMC. UPC (1994-5) for one and two Family Dwelling' Copies are available at the Building and Planning Office. In general, all living facilities will have operable toilets, bathlshower and meal preparation appliances. 3. A maximum of ten people can be housed in this unit and still fall under the R- 3 guidelines for a residential unit. If more than ten people are housed in this unit the R- I guidelines of apartment building takes precedence. 4. This modular unit is for the sole purpose of housing seasonal staff. Any violation of the terms, interpretation or agreements made or represented to Garheld county by the applicant pertaining to or included in this special use permit shall be considered a breach of the terms of condition by the applicant and property-owners. 5. The well permit that the applicant has expired on l6-Aug-'96. Before the appticant receives a building permit they will need to show evidence of a positive water source that meet the following criteria: i. That a four hour pump test be performed on the well to be used; ii. A well completion report demonstrating the depth of the well, the characteristics ofthe aquifer and the static water level; iii. The results of the four hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge; iv. A written opinion of the person conducting the well test that this well should be adequate to supply to the nurnber of proposed lots; v. An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person' per day: vi. The water qualiq'be tested by an approved laboratory and rneet State guidelines concerning bacteria, nitrates and suspended solids. 6. This modular unit is for the sole purpose of housing seasonal staff. If guests are housed in the modular unit it is no longer an Accessory Dwelling Unit but a Resort and the owners will have to obtain a permit to engage in resort activity. Resorts do not appear to be permitted in this area. A:\Flattop Gateway Ranch SUP IV. REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: E)CSTING ZONING: AJACENT ZONING: PROJECT INFORMATION AND STAFF COMMENTS BOCC l0-June-2000 Special Use Permit - Accessory Dwelling Unit Cade Benson acting on behalfofJerry Semrod and Susan McDermott. co-owners of FlattopS Gateway Ranch. Tract 40 located in Sections 5&8, T3S, R87W. The driveway to this property is located approximately l7 miles northwest of Dotsero along CR 150. 34.86 Acres Individual,well, well permit number 180723 ISDS, permit number 2818 Direct access from CR 150 A/R/RD A/R/RD and US Forest Service Lands or Open Spaces I. RELATIONSHIP TO THE COMPRE}IENSIVE PLAN This parcel of land is located in Study Area IV of the Garfield County Comprehensive Plan and is in general conformity with the Issues, Goals. Objectives. Policies and Programs outlined in Section III, Chapter 5, Recreation and Open Space. [. INTRODUCTION/DESCRIPTION OF TI# PROPOSAL The applicant, Cade Benson, is requesting a Special Use Permit to allow an Accessory Dwelling Unit on the Flattops Gateway Ranch (FGR) properff to provide housing for their seasonal staff. This accessory dwelling unit will be exclusively for the housing needs of the staff. The proposed dwelling unit will be a modular unit approximately 24'X4O' contalning bathroom and bathing facilities, food preparation and living/sleeping space" Flattops Gateway Ranch is the trailhead for Colorado High Guide Service (CHGS). their main focus is taking people into the Flattops Wilderness Area with the assistance of horse and mules, to pursue such activities as guided or drop-camp hunting and fishing expeditions. wildlife/wild-country photography and horseback riding. With horse and mules being a centerpiece to their activities, over the years the owners of Flattops Gateway Ranch have built on the properry a barn, storage building, corral, supporting septic system. leech field and water well to support this activity. These facilities have been necessary for the ranch hands that tend to the horses and mules from approximately mid-June to mid,/late November. During the season that CHGS is active the amount of full time ranch hands staying at FGR range from two to three hands in the Summer increasing to ten to twelve hands by the end of the last regular hunting season in rnid November. In past years FGR has provided housing for their seasonal staffby renting units frorn their immediately adjoining neighbor the Sweetwater Wilderness Ranch. For whatever reason III. III. these rental units are no longer availabre forcing Frattops Gateway Ranch to find analternative housing arrangement for their seasonal staff. (1 ) The minimum lot size shall be four (4) acres containing a building site with slopes lessthan 40% at least two (2) acrei in size. The subject lot is 34.86 acres in size and the lot contains a building site with slopes lessthan 40%o and at least two (2) acres in size. (2) The grossJloor areafor residentialfor residential use shall not exceed 1,500 sq. ft.The proposed accessory dwelling unit is approximately loo sq ft in area. (3) Approval from the subdivision homeowners association and/or allowed by covenant ifapplicable. Not applicable. ft) Ploof of a legally adequate source ofwaterfor an additionar crweiling unit.The owners of the property have an existingwell, permit nu.u., lgli23properly issuedblothe office of the State Engineer, colorado Diviiion of waterResources on l6-Aug- (5) compliance with the county individual sewage disposal system regulations or proof oflegal ability to connect to an approved centir sewage triatme:nttfacility.The property owners currenrry have an existing ,"pd t.;;;-on-,n" properry, Garfieldcounty permit number 2818. However, it musi be noted that domestic wastewater cannotexceed 2'000 gallons per day (gpd) on any individuar rot r.gdi;ss if there is one or twoISD systems. If domesric *i.ti*ut". *"ie to exceed 2,000 gpd on any lot, stateapproval would be required. This will be a conditio, orupffiai of this Special UsePermit. (6) Only leosehold interest in the dwelling unit is allowed.The people occupying this dwelling wlll not be the property-owners but they will be inservice for the propety owner. (7) That all construction complies with the appropriate County builcling code requirements.This witt be a condition of approvar oltiii s;i";;ii;';;;ii.*iritaing permits wilhave to be obtainedfor ony'irimary ind/or accessory dweling unit to be built on thesubject property. As part of the conditions for Approval this unit will comply with all the regulations setforth in the Minimum Apatication nequiiements for Mobile Homes. In order for theapplicant to maintain an R-: rating no more than t.n p"opt" .rr-o."upv this dwelring SUGGESTED FINDINGS: l' JYt prgpe] postingand public notice was provided as required for the hearingbefore the Board of County Commissioneri.2' That the hearing before thL Board of county Cormnissioners was extensiveand complete, that all the pertinent facts. matters and issues were subrnittedand that all interested parties were heard at the meeting.3. That for the above stated and otrrer reasons, the propo#d Special Use perrnitis in the best interest of the health, safeff, rnorals. convenience, order,prosperity and welfare of the citizens of Garfield Coung. - IV. 4. That the application is in conformance with the Garfield County Zorung Resolution of 1979, as amended. RECOMMENDATION Staffrecommends AppROVAL, with the following conditions: l. comply with section 5.03.2r of the Garfield county ZoningResorution. 1978, as amended.2. This modular unit will comply with the regulations detailed in the MinimumApplication Requirements for Mobile Homes andthose regulations found to bepertinent in UBC.UMC. upc (1994-5) for one and two iamily Dwelring. copies are available at the Building and planning office. In general, all livingfacilities will have operable toilets, bath/shower-and meal p.Jpu.ut,o, appliances. 3 ' A maximum of ten people can be housed in this unit and still fail under the R-3 guidelines for a residential unit. If more than ten people are housed in this . llit the R-l guidelines ofapartrnent building takes preiedence.4. Tlus modular unit is for the sole purpose of.housing seasonar staff. Anyviolation of the terms, interpretation or agreementJmade or represented toGarfield county by the applicant pertaining to or i,cluded in tiris special usepermit shall be considered a breach of the tirms of condition by the applicantand property-owners. 5' The well permit that the applicant has expired on l6-Aug-.96. Before theapplicant receives a building permit they wil need to shJw evidence of apositive water source that meet the following criteria: i. That a four hour pump test be performed on the well to be used;ii. A well completion report demonstrating the depth of the well, thecharacteristics ofthe aquifer and the stitic water level:iii. The results of the four hour pump test indicating the pu,rplng ratein gallons per minute and information showing"down draw and recharge; iv. A written opinion of the person conducting the well test that thiswell should be adequate to supply to the number of proposed lots;v. An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons .of water p", p"rior. per day.vi. The water glrtity be tested by an approved labo.utory and meet State guiderines concerning bacterii, nitrates and suspended solids. 6. This modular unit is for the sole purpose of housing seasonar staff. If guestsare housed in the modularunit it is ;o longer an Aicessory Dweiling unit buta Resort and the owners will have to obtain a permit to "rgug. in resortactivity. Resorts do not appear to be permitted in this area. A:\Flattop Gateway Ranch SUp -