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Home My WebLink About2.0 BOCC Staff Report 04.02.2007J BOCC 04/02/07 p� MR PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit request for an Accessory Dwelling Unit (ADU) APPLICANT: Fiona Lloyd and David Pegg (owners) LOCATION: 1491 County Road 237 SITE DATA: 10 acres ACCESS: CR 237 WATER: SEWER: EXISTING ZONING: Well Permit #64912 with a West Divide Water Conservancy Water Allotment Contract #S060921JNT(b) ISDS Permit #3544 A/R/RD I. DESCRIPTION OF THE PROPOSAL The Applicant is proposing to locate an approximate 1437 sq ft. Access . v lli lU i on approximately ten 10 acres of property. Presently, the site consist of two (2) ex dwe units built in 1920 and 1940. The issued well permit allows water services the two (2) dwelling units. Therefore, one of the existing two structures, the smaller one approximate 844 sq. ft. "cabin' built in 1940 is planned to be removed. Then the existing large dwelling unit built in 1920 and the proposed ADU will be serviced by the said well pe ► 't. T e structure's wastewater is handled via an existing ISDS permitted by Garfield County. I eicant is requesting the Board of County Commissioners to approve a S . = - . • 1 Use Pe t t.. ow the location of the proposed 1437 sq. ft accessory dwelling unit on the _ : _ en 10 acre site along with the existing dwelling unit built in 1940. II. APPLICABLE REGULATIONS A. Special Use Permits are subject to the standards set forth in Section 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. Impacts are generally expected to be minimal due to the large lot size and the fact that the structure is already in place on the property. B. Zoning Resolution: An ADU is a special use in the A/R/RD zone district pursuant to Section 3.02.03 of the Zoning Resolution of 1978. The application must address the general Special Use Permit requirements in Section 5.03 as well as the specific Special Use Permit standards that apply to Accessory Dwelling Units in Section 5.03.21. The requirements / standards are 1 listed below in bold italics followed by a Staff response: General Special Use Permit Requirements (Section 5.03) 1) Utilities adequate to provide water and sanitation service 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 proposed use. Staff Finding Water to the unit is provided by a valid well permit # 64912 with an approved augmentation contract from West Divide Water Conservancy District (contract #S060921JNT (b)). Sewer is provided by an ISDS already permitted by Garfield County. Staff finds this requirement is met. 1-4-1 rl�,,�� r_) VV� 2) Street improvements adequate to accommodate traffic 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; Staff Finding The proposed access is via an existing driveway off of (CR 237) which also serves the main house. Based on this information, the proposed access appears to be both legally and physically adequate. Staff finds this requirement is met. c 14ib v+ cid M 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 periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The ADU is proposed to be located approximately 150 ft. south of the existing dwelling unit located int\rural ten (10) acre setting thereby minimizing impacts to adjoining property owners. Staff finds this requirement is met. Specific Special Use Permit Standards for ADU (Section 5.03.21) I) 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. tz,Staff Finding The property contains 10 acres which exceeds the minimum acreage required and virtually all of the property contains slopes less than 40%. This standard is exceeded. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. /' Staff Finding / The ADU will combine an upstairs loft, main floor, and basement totaling 1437sq. ft. which ." is less than the maximum allowed. A floor plan is included in the application. This standard 2 is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. tuff Finding The property is not located within a subdivision. This standard does not apply. 4) Proof of a legally adequate source of water for an additional dwelling unit. Staff Finding The Applicant provided a valid well permit (#64912) which serves the main house. The well ✓permit has been augmented by an additional 1 -acre feet of water from West Divide Water Conservancy District to serve the ADU (contract #S060921JNT (b)). The application materials contain both the approved well permit as well as the approved augmentation water from West Divide. This standard is met. 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. Staff Finding The applicant received a permit (#3544) for the Individual Sewage Disposal System (ISDS) from Garfield County which is adequate to serve the ADU. This standard is met. 6) Only leasehold interests in the dwelling units are allowed. Staff Finding The unit will allow leasehold interests in the unit only. This standard is met. 7) That all construction complies withthe appropriate County building code requirements. Staff Finding ./ Future construction shall comply with the current 2003 International Residential Building Code and/or other appropriate construction code adopted by the county. This standard is met. III. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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, morals, convenience, order, prosperity and welfare of 3 the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. IV. RECC)MMENDATION Staff recommends APPROVAL, with the following condition: 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. 2. All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent Tight trespass on any adjoining property and be downward facing towards the structure. 3. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 4. The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. V. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 4151 County Road 117." 4 f'ec;iiej dVJ3//.7'6( March 26, 2007 Garfield County Commissioners Planning Department To Whom It May Concern: My name is Nikki Fender and I live on Silt Mesa with my husband and two children. I received the certified letter regarding the property at 1491 Cty Rd 237 in Silt CO. They have applied for an ADU on their 10 acre property. This property already has two dwellings on in it. This property is directly west of my 10 acre property and we share a property line. I can only see the roof on one of the houses. My biggest concern with allowing them to build yet another dwelling is that they will then have 3 dwellings on a ten acre parcel, and secondly, and more importantly I am worried that they will want to build on top of the hill and ruin our west facing view and we will lose our privacy. So I would like for you to carefully consider this request and take my letter of concern into consideration. Thank you for your time. Sincerely, Jim and Nikki Fender l00 Cty Rd 250 Silt CO 81652