HomeMy WebLinkAbout2.0 BOCC Staff Report 12.03.2001BOCC t2l03l0r
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
WATER:
SEWER:
EXISTING ZONING:
SURROI-INDING ZONING:
1.
A request for review ofa Special Use Permit to
allow an Accessory Dwelling Unit.
Patricia Lacerte
960 CR 107, generally located north ofCarbondale,
offofthe Red Hill Road.
190.86 acres
CR 107, Red Hill Road.
Exempt domestic well
ISDS.
A/R/RD
A/R/RD
il.
The applicant built a 705 sq. ft. accessory dwelling unit in the barn on the property,
without obtaining the appropriate permits. Water is provided by a domestic well and
wastewater is treated tt iougtt an individual sewage disposal system' Access to the
property is offof 12 ft. widi drive through BLM property, offof CR 107i
This applicant's property is located in the Low Density Residential (ldu/I0 ac' or greater)
t-and Uie District ofthe Study Area I map contained in the Garfield County
Comprehensive Plan of 2000 for Study Areas 1-3. The proposed application is in
"o-pli*.. with recommended density and appears to be in general compliance with the
goals and objectives ofthe Plan.
m.GARFIELD COUNTY ZONING RESOLUTION:
Section 3.02 A/R/RD - Agricultural/ResidentiaVRural Density allows Accessory Dwelling
Units as a Special Use and is subject to meeting certain standards identified in Section
5.03 and 5.03.21ofthe Garfield County ZonngResolution.
Section 5.03 Conditional and Special Uses states:
As listed under Zone District Regulations, conditional and special uses shall conform to
all requirements listed thereunder and elsewhere in this Resolution plus the following
requirements:
(1)Utitities adequate to provide water and sanitation service based on accepted
engineeringitandards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use;
The proposed accessory dwelling will get domestic water from an existing
domestic well (permit no. 49960). A domestic well is allowed to serve up to three
(3) dwellings, with outside irrigation of not more than one acre of home gardens
and lawns. The accessory dwelling is proposing to use an individual sewage
disposal system that was built in conjunction with the construction of the barn.
The ISDS was inspected and approved by the County as a part of the barn
construction . Thus the system will have to be certified by an engineer licensed in
the State of Colorado, as to the adequacy of the system to meet the demands of
the proposed accessory dwelling, prior to the issuance of a Special Use Permit.
Street improvements adequate to accommodate trffic 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;
The property is accessed via the Red Hill Road (CR 107) and then a 12' wide
access easement that crosses BLM property to the south of the property.
Design of the proposed use is organized to minimize impact on andfrom adjacent
uses of land through installation of screenfences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points,
lighttng and signs in such a manner as to protect established neighborhood
character.
The proposed accessory dwelling is located in a barn that is apart of a 190 acre
tractof land. It will not affect the established character of the neighborhood.
(2)
(3)
2
(3)
Section 5.03.21 Accessory Dwelling Unit:
(l) The minimum lot size shall be four (4) acres containing a building site with slopes
less than 40% at least two (2) acres in size'
The subject lot is in excess of four (4) acres, and the lot contains a building site
with slopes less than 40o/o at least two (2) acres in size'
(2) The gross/loor areafor residential use occupancy shall not exceed 1500 sq. ft.
(4)
The proposed Accessory Dwelling Unit is approximately 705 square feet in area,
thus it does not exceed the 1,500 square foot limitation'
Approval from the subdivision homeowners association and/or allowed by
c ov enant if appli c ab I e.
The tract of land is not within a subdivision and is not subject to any covenants.
Proof of a legally adequate source of water for an additional dwelling unit'
As noted previously, the proposed accessory dwelling unit will be served by an
exempt domestic well that can legally provide water to the ADU' There is no
information regarding the'oadequacy" of the well' A standard condition of
approval has been to require the following documentatiory prior to the issuance of
the Special Use Permit:
That a four (a) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four (a) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
L written opinion of the person conducting the well test that this well should
be adequate to supply water to the number of proposed lots;
An assumption oi an average or no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
1)
2)
3)
4)
s)
6)
(5)compliance with the county individual sewage disposal system regulations or
proof of a legal ability to connect to an approved central sewage treatment
facility,.
As noted previously, it appears that the ADU was built without any permits and
the ISDS approved based on the premise that the system would be for a
bathroom for four employees. It will be necessary for a professional engineer,
licensed in the State of Colorado, to certify the adequacy and installation of the
ISDS being consistent with the County and State ISDS regulations.
(6) Only leasehold interests in the dwelling units is allowed.
Staffrecommends this as a condition of any approval'
That all construction complies with the appropriate County building code
requirements.
This issue is similar to the ISDS permit issue, in that the construction was done
without a building permit. It will be necessary for the applicant to submit plans
for the residentiaiportion of the structure and have an individual qualified in
residential construction inspection certify the construction's compliance with the
1994 UBC requirements. Additionally, the applicant will have to pay double fees
for the building permits, per the Building Code requirements'
SUGGESTED FINDINGS:
1. That proper posting and public notice was provided as required for the hearing
before the Board of County Commissioners.
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.
That for the above stated and other reasons, the proposed Special Use Permit is in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
That the application is in compliance with the Garfield County Zonng Resolution
of 1978, as amended.
(7)
IV.
2.
4.
4
v.RECOMMENDATION
Staffrecommends ApPROVAL, of the applied for Special Use Permit, with the following
conditions:
1. That 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.
2. Section 5.03.21of the Garfield County ZonngResolution, be complied with by
the applicant.
The applicant will submit plans for the residential portion of the structure and have
an individual qualified in residential construction inspection certify the
construction's compliance with the 1994 UBC requirements. Additionally, the
applicant will have to pay double fees for the building permits, per the Building
Code requirements.
A professional engineer, licensed in the State of Colorado, will certiS the adequacy
and installation of the ISDS being consistent with the County and State ISDS
regulations
Any violation of the terms, interpretations or agreements made or represented to
Garfield County by the applicant pertaining to or included in this Special Use
permit, shall be considered a breach of the terms of conditions and the applicant
shall cease and desist all activities and may be subject to revocation of the Special
Use Permit.
6. Prior to the issuance of the Special Use Permit: the following documentation will
be provided to the Planning Department:
That a four (4) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
A written opinion of the person conducting the well test that this well should
be adequate to supply water to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
J.
4.
5.
1)
2)
3)
4)
s)
6)
1) That a four (4) hour pump test be performed on the
well to be used;
2) A well completion report demonstrating the depth of the welt
the characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the
pumping rate in gallons per minute and information showing drawdown and
recharge;
4) A written opinion of the person conducting the well test that
this well should be adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory
and meet State guidelines concerning bacteria, nitrates and suspended solids;
6
JoHN A, THULSoN
BAr,coMB & GREEN, P.C.
ATTORNEYS AT LA.w
P. O. DRAWER 790
818 COI,OR-{DO AVENLTE
Gr,Er{-rvooD SPRTNGS, COLOII-{.-DO a r 602
Telephone: 970.945.6546
Facsimile: 970.945.8902
RECIETVED JUI{ 2 1&fI,
OF CoUNSEL:
KENNETH BALCOMBEDWARD MULHALL, JR,
Scorr BALcoMa
LAWRENCE R. GREEN
TrMorHY A. THULSoN
LoRr J. M. SArERFTELD
EDWARD B. OLSzEwsKl
DAVID SANDOVAL
CHRTSToPHER L. GETGER
ANNE MARIE CALLAHAN
June27,2007
Mark Bean
Garfield County Building & Planning
109 8'h Street
Glenwood Springs, CO 81601
Lacerte Special Use Permit
Dear Mr. Bean:
Enclosed is a revised special use application for an accessory dwelling unit located on
property owned by Phillip and Patricia Lacerte. Changes to the application are restricted to the
application form itself. All of the exhibits filed previously are still accurate and referenced within
the attached replacement application. Therefore, please replace only the existing three (3) page
application form within your file that was received by your office on April 1.3,2007 and attach
the enclosed application to the existing exhibits.
Thank you for your assistance in this matter. Please do not hesitate to contact me if you
have any questions.
Very truly yours/
BALCOMB & GREEN, P.C.
xc: Phillio and Patricia Lacerte
Encls. r
Re:
APPLICATION
SPECIAL USE PERMIT
GARFIELD COUNTY PLANNING DEPARTMENT
109 8th Street, Ste. 303
Glenwood Springs, CO 81601
Telephone: (970) 945-8212 Facsimile: (970) 384-5004
Submittal Date: June 21 ,2001 Base Fee: $400.00
Applicant: Patricia Lacerte.
c/o Chris Geiger, Balcomb & Green, P.C. P.O. Drawer 790, Glenwood Springs,
Colorado, 81602, 945 -6546
Address of Applicant/Subject Property: 960 Count), Rd. 107 Carbondale. CO 81623
Telephone: (970) 963-8821
Special Use Being Requested: Accessory Dwelling Unit Pursuant to Garfield Countlz
Zoning Resolution. Section 5.03.2 1
Zon e D is trict : A/R/RD -A gricultural\Residenti al\Rural Sp ace D ens itlz :
Uses by right include agricultural and customary accessory uses including
buildings for the shelter or enclosure of persons, animals or property employed in
agricultural uses.
Size of Property: 190.86 acres. more or less
1. General Information
A. Plans and Specifications: The proposed accessory dwelling unit is located in
the upper floor of the bam located on the property. Plans for the barn, which
depict the location of the accessory dwelling unit, are attached to this application
as Exhibit 1. The dwelling unit is 705 square feet, which is within the 1500
square foot maximum allowed under the Garfield County ZoningResolution,
Section 5.03.21.
B. Hours of Operation: The dwelling unit is intended solely for residential
purposes. Hours of use of the dwelling unit will be consistent with its residential
purpose.
C. Vehicles Accessing the Site: Use of the dwelling unit may result in two
additional vehicles accessing the site on a daily basis. As a result, there will not
be a significant increase in vehicle traffic accessing the site under the special use
)
sought herein.
D. Need and lntended Use: The dwelling unit may be used as a rental property.
The applicants will not allow any interests greater than a leasehold in the dwelling
unit.
Water Supply and Wastewater Treatment.
The applicants own an exempt well, bearing permit number 49969, attached to this
application as Exhibit 2. Exempt wells may be used for "ordinary household purposes,
fire protection, the watering of poultry, domestic animals, and livestock on farms and
ranches and for the irrigation of not over one acre of home gardens and lawns but not
used for more than three single-family residence located on the property." Colo. Rev.
Stat. $ 37-92-602(1)(b). The well currently serves one other single-family residence
located on the property. Therefore, the well may be used as the legal supply of water for
the requested accessory dwelling unit.
Waste treatment will be through a non-evaporative individual septic system constructed
in accordance with all applicable county regulations. The property is 190.86 acres, and
therefore meets the two-acre minimum lot size required for use of a septic system by the
Garfi eld County Zonrng Resolution, S ection 5. 04. 03.
Scale Map of Property and Improvements
Attached as Exhibit 3 to this application is a surveyor's map portraying the property, all
structures on the property, and county or state roads located within one mile of the
property. No new or expanded access onto any County or State roadway will be
necessary under the special use requested herein.
Vicinity Map
Attached as Exhibit 4 to this application is a U.S.G.S.1 :24000 scale quadrangle map
showing the slope of the property.
Garfield County Assessor's Map
Attached as Exhibit 5 to this application is a copy of the appropriate portion of the
Garfield County Assessor's map showing all public and private land owners adjacent to
the property with a list of all property owners and their addresses.
6. Deed and Legal Description of Property
Attached as Exhibit 6 to this application is a copy of the deed and legal description of the
property. Applicants are the record owners of the property.
3.
4.
5.
7. ClassifiedlndustrialOperations
This application does not pertain to airports, oil and gas industry, power generation, or
transmission industry or any other classified industrial operations.
The information contained within this application and attachments incorporated herein is
complete and correct to the best of my knowledge.
c,,".t 2l looL
_;ffiffiY
Philip Lacerte
c/o Balcomb & Green
Att: Chris Geiger
P.O. Drawer 790
Glenwood Springs, CO 81602
April 5,2001
Division of Water Resources
Water Division 5
P.O. Box 396
Glenwood Springs, CO 81602
RE: Well Permit No. 49969
To whom it maY concem:
I am the owner of the exempt well bearing permit number 49969' The well is located in
the sEl/4 SE1/4 of Section 22, Township 7 South, Range 88 West, of the 6'h P'M' Please update
this permit to allow full domestic use p"i eoli.y No. 93-4. Please provide me with a written
verification of this update sufficient to demonstrate the allowed uses of the well to Garfield
County.
Thank you for your attention to this matter'
Very truly yours,
For Office Use OnlY
COPY
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 13'13 Sherman St., Denver, CO 80203
(303) 866-3581 Fax (303) 866-3589
CHANGE IN OWNERSHTP/ADDRESS
CORRECTION OF THE WELL LOCATION
lnsert the Well Permit Number 49969
PhiliP Lacerte
NAME(S) _--_----
?<?5 GillesPie //7D
Mailing Address -::--- --
city, St. zrp --?3-r-r3",- fJ-l:]-L-2
phone ( 2t4 I 526=35l&-Ltsao\-95a--Aazt
If your well has an absolute water right, decreed
by the court and the well is not registered with the
State Engineer, enter the Water Court Case
Number / Civil Action Number and well number
as decreed.
ffinamedindividual/entityclaimingthattheyaretheownerofthewellpermittedaSreferencedabove.
This filinq is rnade pursuant to C.R.S. 37-90-143'
(Address)
1/4 of the-rE- 1/4, Sec.
(State) (ZiP)
Lh
e. or Lf,l w.,9-- P.M.
Own er's Wel I Des i g natio n -HggeS-I-"llCarbondale CO 81623
L-l r.r. o' E s., Ranse
Distance from Section Lines --150-- Ft. From E rt'' o'E s', -LlLo--- Ft' r'o' E r' or EW' Line'
il-J;: ";;:. ;i;;;" see the reverse side for further information reqardins correction of the well location'
The above listed owner(s) say(s) that hp, she (they) own the well described herein. The existing record is being
amended for the following reasons: kJ cnung" in name of owner L-J cnurg" in mailing address
that the statements made herein are true to my (our) knowledge.
ofthe ne'
I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of
extraction of ground water irom inis'weil, lawfuliy'made under the well permit, occurred on the date indicated' and
Please print the Signer's Name & Title
-_--Phj-l-j+ LteertP-
wthenewoWnerofthiswelltocompleteandsigntheform..Signaturesofagentsareacceptableifan
original letter of agency signed by the owner is attached to the form upon its receipt'
For Office Use OnlY
DrvtsloN o, tr* RESouRcEs, DEpARTMENT oF nort. REsouRcEs
l0l Columbine Bldg., 1815 Shcrmon Strect, Dcnver, Colorodo 80203 ,-- -
Epr
APPLlCATION FOR:
PRINT OR. TYPE
M A PERMIT TO INSTALL A PUI4PD orHER w-
r_7 A PERMIT TO USE GROUND WATER
M A PERHIT ro coNsrRucr A
ru REPLACEMENT FOR NO.
APPL I CANT
Street Address
City 6 State
COUNTY
5"-E *, of
r. 7- *utbn.
Street or
n1athe J-/-
,u^,
*, sec. 2)-
I -* P.H.
Lot 6 Block
City or
Subd i v.Filing
I and Ground ltater 8as i n
Water HanagementDistricti'lumber of acres
to be irrigated
Legal description of
i rr i gated I and
0ther water
this land
Aqu i fer
f rom
Storage capaci ty
rights on
to be obtained
6?/r ,".
ANTTcTPATED PUMPING RArE J5- cPn
AVERAGE ANNUAL A},IOUNT OF GROUND WATER TO
Ac re- f ee t.BE APPROPR IATED
EqTIMATEp. WELL DATA
Anticipated start of dr illing.{/pltr .lg7/
Anticipated start ot ,r" Cfrl**-.g%
Hole Diameter:
Cas i ng:
Prain 54 l: rro,, g rt. izAfu[i.
-
in. from
-
fr.
Perf. €A tromSTO tt. to300rr.
f rorn _ f t. to
-f
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€STIMTED PU}4P DATA
,rpu.{nb .n /./f ?i:'."L
fron D ft.
from ft.
rc -3oO rt
ft.tn.
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in.
t,
ffiifi
ffiffffi
L0CATE WELL 0N THL BACK !F THIS SHEET
Driller
Dr i I lerrs
Add ress
Signatdre16f Applicant
APPLICATION APPROVED:
VATIO FOR ONE (I) YEAR AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PER}4IT NO.49969 coNDriloNAL =
DATE ISSUED NOv 2 a 1971
APPLTCAT r0N ,F,UST B! Cor.rpLETED s,ATr SrAqroR.l LY BTF0RE AT.CEPTANCE (ovER)
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Topography by photogrammetic melhods kom aerial
photographs taken 1960 Fietd checked 1961
Polyconic protectron. 1927 North American Datum
10,000.1o0t grid based on Colorado coordinate system
1000.meter Unilersal Transverse tvlercator Srid ticks,
zone l3 shown in blue
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Steve Hackett
Subiect:
Start Date:
Due Date:
Statue:
Percent Gomplete:
Total Work:
Actual Work:
Owner:
Categories:
Gase No.:
Lacerte, Phil & Patricia
Tuesday, December 19, 2000
ThuMay, Apnl12,20o1
0 hours
0 hours
Steve Hackett
Building Molation, Zoning Molation
144',1
ln Progress
Oo/o
0960 CR 197. Apartment added to bam. No S. U. P. forA. D. U. or building permit.
Ltr from Christopher Geiger, Balcomb & Green, representing the Lacertes and requesting an extension of time to comply.
Granted.
Follor up3l28l01. Ltrto Geiger. Have heard nothing from him or Lacerte.