HomeMy WebLinkAbout2.0 Staff Report 5.12.08WITHDRAWN
BOCC 5t12t08
applicant did not
show up for heari ng
therefore application
is considered
withdrawn
Oo
Exhibits for Public Hearing May 12,2008 Monger ADU
Exhibit LeJter
{Ato Z\
A Mail Receipts
B Proof of Publication
C Garfield County ZoningRegulations of 1978, as amended
D Garfield County Comprehensive Plan of 2000
E Application
F Staff Memorandum
G Comments received April9. 2008 from Jake Mall. Garfield County Road & Bridee
Exhibit
Morger ADU
May '12,2008
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT
'
OWNER
LOCATION
SITE DATA
ACCESS
WATER
SEWER
EXISTING ZONING
Special Use Permit for an Accessory Dwelling
Unit (ADU)
Cheryl Monger
4786 County Road 312
35.001 acres
County Road 312
Well
ISDS
ARRD
1. DESCRIPTION OF THE PROPOSAL
The applicant requests the Board of County Commissioners grant a Special Use Permit (SUP) for
an Accessory Drrelling Unit (ADU) located on a t3s-acre parceldescribed as 4786 County Road
31 south of New Castle with Baldy Creek located southwest of the parcel. The 1,500 square foot
ADU is proposed to be located on the second levela 30'x 50'work shop and garage.
APPLICABLE REGULATIONS
Special Use Permits are subiect to the
standards set forth in $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 if found necessary.
B. Zonino Resolution: An ADU is a special use in the ARRD district pursuant to $ 3.02 of the
Zoning Resolution of 1978, as amended. The application must address the generalSUP
2.
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Monger ADU
May 12,2008
review requirements in Section 55.03 aswellasthe specificstandardsthatapplytoADU's
contained in 95.03.021. These standards are listed below in bold italics followed by a Staff
comments.
General Special Use Permit Requircments (S 5.03)
1) Utilities adequate b providrc water and sanitation seruice 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 prcposed use,
Staff Comment
The proposed ADU will be provided water through an existing exempt well permit, number
181285, which has the ability to serve up to 3 dwelling units. The well currently serves the
existing single family home on the parcel. Sanitation service is to be provided to the unit by
construction of an ISDS system forwhich the applicant has applied. The cunent ISDS on the
site has a septic capacity to serve the existing single family home on the site.
2) Strcet imptovemenb adequab to accommodate tratric volume
generatd by the prcposed use and to provide safe, convenientaccess
b the use shall eithel, be in place or shall be constntcbd in anjunction
with the proposed use;
Stafr Comment
The subject property is accessed via an existing 30' access easement across Division of
WiHlife property from County Road 312. This easement serves the Monger parcelas wellas
an adjacent property. The applicant shall provide a letter from the Division of Wildlife, or
othenrise demonstrate that the easement is sufficient to serve an addilional dwelling on the
property.
Main House Staked area of proposed ADU
Monger ADU
May 12,2008
The Garfield County Road and Bridge
department has reicommended that the
driveway a@ess be improved to cunent
driveway access standards which would
necessitate installing a paved orconcrete
apron at the entrance to CR 312. Further
that the apron shall be the width of the
existing driveuray extending 10-feet into
the driveway and a minimum of 4-inches
in depth. This should be completed no
later than 60 days after approval of this
application unless extension is granted by
the Road and Brklge Department.
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 pertphery of Arc bt and by location of
intensively utilized afreas, access poinb, lighting and signs in such a
manner as to prot*f estaDftbhed neighborhood character;
Staff Comment
The proposed ADU is in character to the surrounding properties and should not adversely
impact surrounding owners. lf approved, the applicants shall use minimal lighting that is
shielded to prevent light trespass on other properties and is inward and downward facing
towards the structure.
Specific Special Use Permit Standards for ADU (S 5.03.02{l
1) The minimum lot size shall be four (1) acres containing a building site
with slopes less than 1O%o at leasttwo (2) acnes in size.
Staff Gomment
The property contains 35 acres, which exceeds the minimum required for an ADU. The
proposed ADU will h on a portion of the property that has no slopes exceeding 4oo/o.
2) The gross floor area for rcsidential use occupancy shall not exceed
15(n sq. fL
Statr Comment
The applicant has provided documentation via submittal of a building permit, that the gross
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Monger ADU
May 12,2008
floor area of the proposed unit will not exceed the maximum of 1,500 square feet.
3) Approval hom frte subdivision homeownerc association and/or allowed
by covenant if applicable.
Staff Comment
There is no Homeowners Association or restrictive covenants on this parcel therefore this
requirement is not applicable
4) Proof of a legally adequate source of water for an additional dtelling
uniL
Statr Comment
The ADU is to be served by an existing exempt well, which allows for service to up to 3
dwelling units. Garfield County may require additional information during the permitting
process of new structures.
5) Compliance with the County individual sewage disposal system
regutations or pftrof of a legal ability to connectto an approved central
sewag e treatme nt fac i I ity.
Staff Comment
The applicant proposes to construct an ISDS forthe ADU in conjunction with the construction
of the structure to contain the unit.
6) Only leasehold interesfs in the drelling units are allowed.
Statr Gomment
The Applicant understands that only leasehold interests are allowed in the unit.
7) That atl construction complies with the appropriate County building
code requiremenh.
Staff Gomment
The applicant has submitted an application for a building permit which is cunently in the
review process. lssuance of a building permit from the Building and Planning Elepartment is
dependent upon compliance with building code requirements and issuance of the Special Use
Pennit.
3, SUGGESTED FINDINGS
1. That proper public notice was provided as reguired for the hearing before the Board of
County Commissioners.
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Monger ADU
May 12,2008
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, convenience, order, prosperity and welfare of the
cilizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
4. RECOMMENDATION
Staff finds that the proposed ADU is in compliance with 53.02 and $5.03.021 ot the Garfield
County Zoning Resolution of 1978 and recommends that the Board approve this request to allow
an AOU on Jproperty owned by Cheryl Monger located at 4786 County Road 312, 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
unless otherwise modified by the Board.
2. The applicant shall demonstrate that the Division of Wildlife access easement from CR
312 is legally sufficient to serve the additional dwelling unit.
3. The applicant shall complete the improvements recommended by the Garfield County
Road and Bridge Department in their memo dated April7,2008. These improvements
shallbe completeO within 60 days of approvalof the Special Use Permitas recommended
by the Garfield County Road and Bridge Department
4. Alllighting associated with theADU shallbethe minimum amount necessary. Allexterior
lighting shall be shielded to prevent light trespass on any adjoining property and be
downward facing towards the structure.
5. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of
1978, as amended, and shall meet all building code requirements.
O. The accessory dwelling unit shall not be conveyed as a separate interest but may be
leased.