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Home My WebLink About3.0 BOCC Staff Report 05.17.2004• • Exhibits for Musich SUP for Guest House Public Hearing held on May 17, 2004 Exhibit Lette (A to Z) E A Mail Receipts B Proof of Publication e Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G General Notes from Building Permit H ISDS Application for Main House L,,4 . G pl." 4.vict) te- (9 ..7-7 0 + +7/it,- eq--1Y-4--f (C`1- 3° ci pu 4,,e,---1° C 'fid 2 C' BOCC 05/17/04 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit request for a Guest House APPLICANT Patricia Musich LOCATION 168 Rippy Lane, New Castle SITE DATA 3.16 acres ACCESS Rippy Lane WATER Well Permit with a West Divide Water Conservancy Augmentation contract SEWER ISDS ZONING A/R/RD I. DESCRIPTION OF THE PROPOSAL The Applicant requests a Special Use Permit for a Guest House on the subject property which is defined in the Zoning Resolution as "an accessory, detached building, which is designed and used to house nonpaying visitors and guests of the occupants of the main building of the site." A guest house is contemplated as a special use in the ARRD zone district. II. BACKGROUND The Applicant was cited for an illegal dwelling unit in a garage on the property as a zoning violation by the County Zoning Enforcement Officer on February 13th, 2003. The Applicant also installed a full second kitchen in the basement of the primary dwelling unit on the property which, in effect, creates an illegal duplex. III. 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 lot size and the fact that the structure is already in place on the property. B. Zoning Resolution: A Guest House is a special use in the ARRD 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 as well as the specific Special Use Permit standards that apply to a Guest House in Section 5.03.025. The requirements / standards are 1 • • listed below in bold italics followed by a Staff response: General Special Use Permit Requirements (Section 5.03) I) 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 domestic water, the property has a well permit from the Division of Water Resources augmented by a West Divide Water Conservancy District contract which is activated for one (1) primary dwelling unit and one (1) accessory dwelling unit. These improvements, as they relate to the guest house (water line and septic line) were installed „;'-/ during the construction of the garage under the garage penult (#8197) and are presently in place. rN's---&—n Regarding wastewater, when the Applicant constructed the primary unit (a manufactured home with unfinished walk -out basement), an engineered septic system was permitted (#3519) and installed with capacity for 5 bedrooms (see "general notes" from the original building permit set as Exhibit G). Since this was completed, the Applicant obtained a second building permit to finish the basement which included 3 (three) additional bedrooms. At present, the Applicant has constructed an illegal dwelling unit in the garage with 1 (one) bedroom. Both of these units are hooked into the one system. The County Assessor's property information shows the primary dwelling unit has 7 bedrooms. This is a significant issue because the number of bedrooms exceeds what is legally permitted and engineered in the septic system regarding capacity. This could also result in a "discharge to groundwater" issue if the system fails. (The property also fronts the Colorado River.) Therefore, based on the inadequacy of the septic system, the proposal does not meet this requirement. 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 There appears to be ample area for parking on the property for a single-family dwelling and a guest house. The need for parking or improvements due to associated traffic generated from a guest house is typically much less than a single-family dwelling. 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; 2 • • Staff Finding The guest house is located in an existing garage which is located towards the rear of the lot and will not impact adjacent uses of land. No lighting was proposed as part of this review; however, Staff recommends that, should the Board approve the request, 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. Specific Special Use Permit Standards for Guest House (Section 5.03.025) l) The gross floor area or the area used for residential occupancy shall not exceed one thousand (1,000) square feet. Staff Finding The garage structure in which the dwelling unit was constructed contains a building footprint of approximately 1,200 sq. ft. The dwelling unit consumes just over half of the structure for what appears to be approximately 600-700 square feet. This standard is met. 2) The minimum lot size shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone district. Staff Finding The property is located in the ARRD zone district which has a 2 -acre minimum lot size. The subject property is 3.16 acres which is 58% larger than the 2 -acre minimum lot size. This standard is met. 3) The length of stay of a guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. Staff Finding Should the Board grant this SUP, this standard shall be an on-going requirement of any special use permit and included as a condition of approval. IV. 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 not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of 3 • • the citizens of Garfield County. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends DENIAL of the application for the guest house finding that the Applicant has not demonstrated that utilities are adequate to provide sanitation service based on accepted engineering standards and approved by the Board of County Commissioners that are either in place or would be constructed in conjunction with the proposed use. VI. RECOMMENDED MOTION "I move to deny the Special Use Permit request for a Guest House for a property located at 168 Rippy Lane, New Castle, Co." 4 Mar.22. 2004 3:42PM No.6200 F 1 ALL CONSTRUCTION SHALL BE IN ACWANCE WITH THE GARFIELD COUNTY REGULATIONS OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS. EVEN THOUGH ALL SUCH REQUIREMENTS ARE NOT SPECIFICALLY NOTED ON THE DRAWINGS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUCH SPECIFIC DETAILS AS ARE REFERRED TO IN THE ABOVE MENTIONED REGULATIONS, 2. FLOW FOR BED; 5 BEDROOMS * 2 PERSONS/8E0RO0M - 75 GALLONS/PERSON/DAY IS: 750 GPD = AVERAGE DAILY FLOW. DESIGN FLOW = 1.5 * AVERAGE = 1125 GPD (0) SEPTIC TANK: MINIMUM TOTAL TANK SIZE: 0 * 1 DAY/24 HRS * 30 HRS = 1407 GPD INSTALL ONE 1500—GALLON TANK WITH BAFFLE ***INSTALL EFFLUENT FILTER IN SEPTIC TANK OUTLET*** STANDARD ABSORPTION AREA; A =.01.411 Q=MAXIMUM FLOW 5 , t=PERCOLATION RATE = 18 min./In. = 1125 = 955 SF INCREASE BY 20% FOR GARBAGE GRINDER 5 A — 1146 SF USE OF DRYWELL: DIAMETER OF PIT = 22.0': THEREFORE: BOTTOM AREA = 380 SF DEPTH BELOW INLET= 11,5'; THEREFORE, SIDEWALL AREA = 794 SF TOTAL ABSORPTION PROVIDED = 1174 SF. 3. CLEAN OUTS ARE REQUIRED Al ALL BENDS AND AT LEAST EVERY 100 FEET ALONG THE HOUSE SEWER. 4, THE CONTRACTOR SHALL BE RESPONSIBLE FOR INSTALLING ALL WATER TIGHT COMPONENTS, PRIOR TO THE ABSORPTION AREA, TO PREVENT INFILTRATION, 5. TOPSOIL COVER MAY BE VARIED (WITH 1 FOOT MINIMUM) TO ALLOW LANDSCAPING. 6. INSTALL RISERS AS NECESSARY TO BRING ALL ACCESS POINTS TO WITHIN ONE—HALF FOOT OF FINAL GRADE. 7. LOCATIONS OF ALL COMPONENTS MAY BE VARIED AS NECESSARY AS LONG AS ALL MINIMUM DISTANCES AND SLOPES MEET THOSE REQUIRED. 8, PROVIDE POSITIVE DRAINAGE OF SURFACE WATER AWAY FROM ABSORPTION FIELD AREA USING DRAINAGE SWALES AS NECESSARY. 9. SOILS INFORMATION FROM INFORMATION AND PERCOLATION TESTING PROVIDED BY H.P GEOTECH, INC.. JOB NO. 101 192, AUGUST 23. 2001, 10, THIS DRAWING DOES NOT CONSTITUTE AN ISDS PERMIT. PERMIT MUST BE OBTAINED FROM APPROPRIATE CITY OR COUNTY OFFICIALS. ENGINEER MUST OBSERVE CONSTRUCTED SYSTEM BEFORE BACKFILL AND PROVIDE REPORT TO COUNTY. 11. THIS SYSTEM IS SIZED FOR TYPICAL DOMESTIC WASTES ONLY. BACKWASH OR FLUSHING FLOWS FOR REVERSE OSMOSIS UNITS OR WATER SOFTENERS OR FILTERS SHOULD NOT BE INTRODUCED INTO THIS SYSTEM. 12, SITE PLAN INFORMATION FROM HP GEOTECH AND OWNER. 13. INSTALL BLUEBOARD INSULATION OVER SEWER PIPE WHEREVER DEPTH IS LESS THAN 5.0 FEET. 14. THE ENGINEER SHALL BE CONTACTED FOR SITE INSPECTION PRIOR TO BACKFILLING OF SYSTEM COMPONENTS. fl 15. QESIGN OF DRYWELL BASED ON PERC, RATE. SITE CONSTRAINTS AND SOIL PROFILE INDICATING 1.5' TOPSOIL OVERLYING STIFF SANDY SILTY CLAY TO A PROFILE DEPTH OF 8' OVER SILTY SAND AND GRAVEL WITH COBBLES TQ A PROFILE DEPTH OF 12 FEET. A C3ENERAL AREA NOTES 1. DRAINAGE SWALES ARE TO BE PROVIDED ABOVE AND AROUND BED. AS NECESSARY. TO PREVENT SURFACE RUNOFF FROM ENTERING ABSORPTION AREA. 0 2. AREA BOTTOM AND SIDEWALLS MUST BE RAKED TO REMOVE SOIL SMEARS INCURRED DURING EXCAVATION. 2 3. NO EXCAVATION OF ABSORPTION FIELD IS TO BE DONE DURING WET WEATHER AND USE OF RUBBER TIRE VEHICLES OVER ABSORPTION AREA IS PROHIBITED 4. UNSUITABLE MATERIAL EXISTING WITHIN THE BED SHALL BE EXCAVATED AND BACKFILL SHALL CONSIST OF ONSITE SELECT OR PIT—RUN MATERIAL. cv" EXHIBIT • INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLATION OWNER 5v- c elt' — ) AUS 1C�'1 Pfl - �l .I f�Y� L{�S!Lh ADDRESS OM R i ppy Lare. JD l/(1S-4-11- PHONE NO -MA -LI -L-150 EXHIBIT ‘k CONTRACTOR S — N r(e,l r ADDRESS 1� 1 ILta'1 CA- j t L -i , Cv PHONE r) to-DIGv (o PERMIT REQUEST FOR (1 W INSTALLATION ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: Near what City of Town 1'J P.t) CriS f. k.. ize of Lot 3.1S O1(Y S Legal Description or Address 0 MI 4 PQM 1 Cu ->e, N &O ( a s- ; CD WASTES TYPE: (t -DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE: f -Lc Number of Persons 5 Number of Bedrooms (v)'- Garbage Grinder (4 Automatic Washer (ishwasher SOURCE AND TYPE OF WATER SUPPLY: (L- WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: J�' rYl i Ie -3 Was an effort made to connect to the Community System? lop -Far A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Percent Ground Slope 2