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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.10.2004Exhibits for Fitzgerald SUP for Two Family Dwelling Unit Public Hearing held on May 10, 2004 Exhibit Letter (A to Z) Exhibit A Mail Receipts Proof of Publication B C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application Staff Memorandum F BOCC 05/10/04 - JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING A Special Use Permit to allow the conversion of a single family dwelling unit to a two family dwelling unit. Patrick and Marilyn Fitzgerald 0600 CR 138 23.148 acres CR 138 Well & West Divide Water Conservancy District ISDS — A/R/RD I. COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site is within Study Area 1 in area designated as Subdivision land. II. DESCRIPTION OF THE PROPOSAL The Applicant proposes to convert a portion of a single family dwelling unit (Main Unit) on View: North, at the proposed Two -Family Dwelling /* /4"'i/. AkoriiuZ-1am, • the unfinished lower level (Second Unit) of a single family dwelling unit. The current structure w� was properly permitted and given a final inspection and Certi cafe of Occupancy on 9/5/01. 1/"The second unit will be slightly less than1,500 sq. ft. of th total 25' ._2.1.0.)__sq. .. ome size which A-- incfudes finished and unfinished area. The Second Unit woul conta brooms with closet,_— full bathroom, office/study, full kitchen, living/dining area, an. .un ry area. t a later date the applicant will build a garage/storage accessory structure for tenant use. The house has been designed with a walk -out, day -lighted basement that is presently unfinished. The additional dwelling unit will be for leasehold purposes only. The applicant gains access from CR 138 and utilizes an easement that is approximately 2,400 feet in length. III. REVIEW AGENCY AND OTHER COMMENTS: The application was not referred to any agencies for comments. . APPLICABLE REGULATIONS B. 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. Zoning Resolution: A two family dwelling unit is a special use in the A/R/RD zone district pursuant to Section 3.02.03 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: 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: At present, the structure has water service. The Applicant has gained clearance from the West Divide Water Conservancy District (water allotment contract # 980115DS(c) and through a Well permit (3049807 F) to accommodate service for the additional dwelling unit. The applicant has applied for and obtained appropriate permits for the currently installed ISDS which is adequate for up to 5 bedrooms and was cleared for use as on 12/22/00. The system does meet the need of the proposed use and existing • • dwelling unit. This item has been met. 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 lace or shall be constructed in conjunction with the proposed use; Staff Finding: The ADU will only generate 9 or less trips a day which will have very minimal affect on the county road system. This item has been met. 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 conversion of the southern lower level of the single family dwelling unit will have minimal impact on adjacent uses of land. The entire structure has been architecturally included as part of the main structure and does not adversely affect the adjacent uses. The size of the lot and the location of the existing dwelling unit are somewhat isolated from other dwelling units in the area and the increased use is generally not an adverse impact. This item has been met. V. 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. VI. RECOMMENDATION Staff recommends APPROVAL, with the following condition: 3 • • 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. , This second dwelling - not be occupied for the proposed use until a final ` / certificate of occupancy has been issued by the Building Department. A Buildingee(�� Permi for second dwelling unit shall be applied for and construction and/or improvements of said structjjre shall commence wrthin 180 dam ofthe issuance o itself is only valid � for 120 days from the date—a- 7 issuance S t 9 01 0 Building h Applicant does not eventually receive a Certificate of O h P "� (I Permit shall d ,e— the Special Use Permi which ' ce as per Section 5. h Applica�oes not finish construction, the Permitis revoked,andthe Occupancy for the Primary D ening Unit, then this Special Use �J , became nullandvoid. S U ��\ 3 All lighting associated with this structure shall .e the minimum amount necessary and all exterior lighting will be directed in : d and downward, towards G l interior of the lot. VII. RECOMMENDED MOTION "I move to ;fi r Use Pennit request for an addit Two Family Dwelling Unit for the property located at 0600 C Senor Mesa Exemption." Dwelling Unit thus creating a 138, aka Lot 4, First Amended &� !4 V.s CI@ VG. 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