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HomeMy WebLinkAbout2.0 BOCC Staff Report 01.06.2003BOCC 01106/03 FAJ PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: I. COMPREHENSIVE PLAN Special Use Permit request for an Accessory Dwelling Unit (ADU) John and Margaret Bellio 2775 CR 214 I Silt, Colorado l NG ,J ~.f+,.i 130 acres CR214 Existing Well Existing ISDS AIR/RD According to the Garfield County Comprehensive Plan of 2000, this site lies Study Area 2 within the 2-mile sphere ofinfluence of Silt which designates this site as "outlying residential." II. DESCRIPTION OF THE PROPOSAL The Applicant would like to convert an existing residence built sometime between 1930 and 1940 on the 130 acre farm to an Accessory Dwelling Unit so that a larger primary residence can built on the same property. The Applicant is requesting Special Use Permit to designate the existing structure as an accessory dwelling unit (ADU). III. 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 AIR/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 I standards are listed below in bold italics followed by a Staff response: 1 C. 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 The existing dwelling unit is currently served by an existing well completed in 1971 (Permit No. 45876 as shown on the well report in the application). Sewer is provided by an ISDS permitted by Garfield County (Permit No. 3529). Staff finds this requirement is met. 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 dwelling is currently served by an existing driveway off of CR 214 that also provides access to the other structures on the property including a barn, shed, and garage. The traffic generated by an ADU is approximately 9.57 trips a day. At present there will be no additional traffic generated from the ADU until a primary residence is constructed which would add 9.57 trips a day to the driveway. 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 dwelling proposed as the ADU currently exists and has for the last 70 years approximately in its present location. This use is a permitted use in the AIR/RD zone district and is simply being proposed to remain as a residential dwelling, but secondary to a primary dwelling that is proposed to be placed on the 130 acre farm in the future. The dwelling is located off of a residential driveway approximately 100 feet from CR 214. Staff finds the existing dwelling does not impact the residential neighborhood character. I. Specific Special Use Permit Standards for ADU (Section 5.03.21) 1) 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. Staff Finding The property contains 130 acres and the structure to be designated as ADU already exists. This standard is met. 2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. 2 Staff Finding The structure to be designated as an ADU contains approximately 1,493 square feet. This standard is met. 3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. Staff Finding T h e 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 ex isting dwelling unit is currently served by an existing we ll completed in 1971 (Permit No. 45876 as shown on the well report in the application). The Applicant recently received a well permit and dlilled an additional well to serve the new residence on the farm (Pennit No. 241250 included in the application) which may provide water up to three residences. 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 recently acquired an ISDS permit (.Permit.No. 3529). from Garfield County issues to update the existing septic a system for the dwelling to be used as an ADU. This standard is met. 6) Only leasehold interests i • ., 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 with the appropriate County building code requirements. Staff Finding The current residence was constructed on the subject property sometime between 1930 and 1940. Some improvements have been made to the re sidence since its initial construction over the years but none are immedia tely anticipated at this point. The Applicant shall be aware that since this structure is pre-existing, any additions and I or modifications to the strncture are allowed provided the construction meets the requirements of the current Uniform Bui ldin g Code Resolution of the County. Thi s standard is met. IV. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3 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 the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends APPROVAL, 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. 2. The Applicant shall be aware that since the dwelling designated as an ADU is an older structure, any modifications to it shall comply with the current Uniform Building Code provisions in effect at the time. IV. RECOMMENDED MOTION "I move to approve the Special Use Permit request for an Accessory Dwelling Unit for a property located at 2775 County Road 214." 4 Exhibits for Bellio Special Use Permit for an ADU (BOCC) 1/6/03 A Proof of Mail Receipts and Postin B Proof of Publication D Garfield County Com rehensive Plan of 2000 E A lication Materials F Staff Memorandum