HomeMy WebLinkAboutDirector's Detemination 07.29.16..
Garfield County
June 29, 2016
Bridger Smith
Box 8616
Aspen, CO 81612
RE: Zurcher ADU (GAPA-04-16-8444)
Dear Bridger.
Community Development Department
This letter is provided to you as the authorized representative for the Zurcher
Accessory Dwelling Unit (ADU) Administrative land Use Change Application for
that property located at 4110 County Road 243. The property is also known by
Assessor's Parcel No. 1925-363-00-064.
Your Application has been reviewed in accordance with the Administrative Review
procedures contained in the land Use and Development Code as amended. Said
provisions require a Decision by the Director of the Community Development
Department on whether to approve, approve with conditions, or deny the request.
The Director's Decision is based on the following findings:
1. That proper public notice was provided as required for the Director's
Decision .
2. Consideration of the Application was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties
were given the opportunity to provide input prior to the Director's Decision.
3. That for the above stated and other reasons the proposed Zurcher
Administrative Land Use Change Application for an Accessory Dwelling Unit is in
the best interest of the health, safety, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
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5. That with the adoption of conditions, and granting of a waiver if determined
necessary from Section 7-107, Roadway Standards for driveway width and tuming
radius, the application has adequately met the requirements of the Garfield County
Land Use and Development Code, as amended.
The Director's Decision is hereby issued approving the Application subject to the
following conditions:
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Director
Decision.
2. The Applicant shall comply with Standards for ADU's contained in Section
7-701 of the Land Use and Development Code.
3. Prior to the issuance of the Land Use Change Permit the Applicant shall
provide documentation of the required 4 hour pump test including confirmation
from a qualified professional that the production is adequate to serve the ADU and
the existing residence on the property.
4. Prior to the issuance of the Land Use Change Permit the Applicant shall
provide documentation of a water quality test in accordance with Section 4-203
(M) including a determination that the water meets the required standards and is
acceptable for human consumption. If standards are not met, the Applicant shall
provide a proposal for use of a treatment system that will bring the-water within
acceptable levels.
5. Prior to issuance of the Land Use Change Permit, the Applicant shall
provide a letter from a licensed professional engineer confirming that the access
driveway meets the Roadway Standards of Section 7-107 including width and
minimum curve radius and drainage ditches if determined necessary. If a waiver
from the roadway standards is determined to be necessary by the engineering
analysis, the Applicant shall provide the additional information required by the
County Roadway Waiver Policy #01-14.
6. Prior to the issuance of a Certificate of Occupancy for the ADU the Applicant
shall further document the legal use of the existing driveway or establish a new
physical access by satisfying one of the following:
a. The Applicant shall provide documentation of an easement granted from
the Bureau of Land Management for the existing access driveway shown
on the site plan. Said easement shall be reviewed and accepted by the
County Attorney's Office.
b. The Applicant shall obtain and provide evidence to the County Attorney's
Office of an order from the Courts declaring an access easement right for
the existing driveway to serve the ADU.
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c. The Applicant shall construct a new driveway connecting the ADU to access
directly onto County Road 243 across the Applicant's property, which
driveway shall meet the standards contained in Section 7-107 for a primitive
roadway. The driveway plans shall be reviewed and accepted by the
Community Development Department Staff and the County Road and
Bridge Department prior to commencement of construction.
7. The Applicant shall properly permit with the County and install a new onsite
waste water treatment system to serve the ADU. The system will be engineered
as represented in the Application and shall comply with all recommendations
contained in the HP Geotech report dated 4/30/16. At the time of permitting,
verification that the system meets all setback requirements shall be required.
B. The ADU shall be required to meet all Garfield County Building Code
Requirements. At the time of building permit submittal, the Applicant shall address
site drainage including storm water drainage during and after construction. This
shall include the minor relocation of the drainage swale east of the ADU protecting
the ADU and garage from drainage off the adjacent pasture/hay meadow.
9. The Applicant shall comply with the recommendations contained in the HP
Geotech Soils and Foundation study, dated 4/30/16 including foundations and
drainage.
10. The Applicant shall comply with the lighting standards contained in Section
7-304.
11. The Applicant shall utilize bear proof trash containers or store all trash within
a secure portion of the structure such as a garage. Any fencing on the site shall
be wildlife compatible pursuant to CPW guidelines.
12. The ADU shall utilize noncombustible roof materials or other materials as
recommended by the local fire agency.
13. Testing for radon after construction is completed is recommended.
The Land Use and Development Code requires notification to the Board of County
Commissioners for their review and potential call-up of the Director's Decision.
The Board review is for a period of 10 calendar days commencing on the date of
the Directors Decision. The call-up period shall expire on July gth. Once the call-
up period has passed with no request for review or public hearing, and provided
all relevant conditions of approval have been resolved the Land Use Change
Permit will be issued. Pursuant to the Land Use and Development Code, the
Applicant has one year from the date of the Director's Decision to satisfy all
conditions of approval or request an extension.
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Please contact the Community Development Department if you have any
questions regarding the Director's Decision and the conditions of approval.
Sincerely,
Tamra Allen, AICP
Acting Director, Community Development Department
cc: Board of County Commissioners
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