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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Staff Report 5.12.08WITHDRAWN BOCC 5t12t08 applicant did not show up for heari ng therefore application is considered withdrawn Oo Exhibits for Public Hearing May 12,2008 Monger ADU Exhibit LeJter {Ato Z\ A Mail Receipts B Proof of Publication C Garfield County ZoningRegulations of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. A. _sffiffiw \t\*.,d T-1TI' r-Tl -LJ \ T.tr*roa **"on I -Ll {.re --1 R 'l * \J ar ni ger\ \ --'t +J :l , 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 t--$* I I I Chs Parc I I i.. BLI'I rir 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. 4 t 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.