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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. 1 .. 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. 2 .. 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. 3 , . . "' 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 4