HomeMy WebLinkAboutDirector's Determination 10.28.2016reGarfield County
EXHIBIr
October 28, 2016
Alpen Badgett
956 CR 106
Carbondale, CO 81623
aipendanieI yahoo.com
Reference: Badgett ADU
Garfield County File Number GAPA-05-16-8458
Dear Mr. Badgett;
This letter is being provided to you as the owner of 956 CR 106 in regard to a
General Administrative Review Application for an Accessory Dwelling Unit at your
property. The proposed use is located west of the Town of Carbondale in the
Townsite of Cooperton (aka Satank). The site is also known by Assessor's Parcel
No. 2393-283-00-003.
The Director's Determination on the Application is based on the following findings
and subject to the Applicant's submittal documents and representations as well as
conditions of approval.
1. That proper public notice was provided as required for the Director's Decision.
2. The Director's review was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were given
an opportunity to be heard.
3. That for the above stated and other reasons the proposed Land Use Change
Permit for the 956 CR 106 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.
5. That with the adoption of conditions, the application is in general conformance
with the 2013 Land Use and Development Code, as amended.
Badgett ADU
Director Decision, October 28, 2016
A Director's Decision is hereby issued approving the Application with the following
conditions.
1. All representation of the Applicant contained in the application shall be
considered conditions of approval.
2. The Applicant shall comply with Additional Standards for Residential Uses
contained in Section 7-701, Accessory Dwelling Units, of the Land Use and
Development Code of 2013, as amended.
3. Floor Area for the Accessory Dwelling Unit shall not exceed 1,500 square
feet.
4. The ADU shall be subject to all Garfield County Building Code
Requirements. The property owner shall obtain any necessary Garfield
County Building Permits for the proposed ADU structure.
5. All exterior lighting shall be downcast and shielded and comply with Section
7-304, Lighting Standards, of the Land Use and Development Code of 2013,
as amended.
6. An ADU is restricted to leasehold interest in the dwelling unit and is for
residential or Home Office/Business use only, as described in the Land Use
and Development Code of 2013, as amended.
7. Prior to issuance of the Land Use Change Permit the Applicant shall provide
the following information:
(1) A minimum 4 -hour pump test shall be performed on the well(s) to be
used. The results of the pump test shall be analyzed and summarized
in a report, including basic well data (size, depth, static water level,
aquifer, etc.) pumping rate, draw down, recharge, and estimated long-
term yield. The report shall be prepared by a qualified professional
engineer or ground water hydrologist and shall include an opinion that
the well will be adequate to supply water for the proposed uses. The
report shall also address the impacts to ground water resources in the
area.
(2) Water quality shall be tested by an independent testing laboratory for
the following contaminants: alkalinity, arsenic, cadmium, calcium,
coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride,
hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH,
sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium,
zinc and alpha/beta radioactivity. Additional testing may be required for
other contaminants that occur within the County. The results shall show
that the Maximum Contaminants Levels (MCLs), as set forth by the
CDPHE within the Colorado Primary Drinking Water Standards, are not
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Badgett ADU
Director Decision, October 28, 2016
exceeded, or the Applicant has otherwise identified a treatment system
that will bring the water within acceptable MCLs. Annual testing, testing
for other contaminants, and testing for secondary drinking standards
including taste, odor, color, staining, scaling, and corrosion is also
recommended.
This Determination will be forwarded to the Board of County Commissioners for a
period of 10 days so that they may determine whether or not to call up the
application for public hearing. According to the Land Use and Development Code,
Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the
Applicant, or any affected Adjacent Property Owner." Should this time period pass
with no request for review or public hearing, the decision shall be final.
Please contact this department if you have any questions.
Sincerely,
!/
Sh rt Bower, AICP
Com unity Development Director
CC: t Board of County Commissioners
file
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