MESA COUNTY BOARD OF ADJUSTMENT

MESA COUNTY
BOARD OF ADJUSTMENT
January 23, 2014
9:00 A.M.
544 Rood Ave
Grand Junction, CO
MESA COUNTY DEPARTMENT OF PUBLIC WORKS
Planning Division
Board of Adjustment
Public Hearing
Marc Maurer, Chairman
Patti Chamberlain, Vice Chair
Greg Motz, Secretary
Tom Kirkpatrick
Jim Parman
Cynthia Priddy (Alternate)
Vacant (Alternate)
Date: January 23, 2014
Time: 9:00 a.m.
Place: Public Hearing Room, 544 Rood Avenue, Grand Junction
The following items will be presented at this public hearing of the Mesa County Department of
Public Works, Planning Division, Board of Adjustment for their consideration.
The purpose of the Board of Adjustment Hearing is to have the facts of a case presented in a
manner that will assist the decision-makers in making a fair, legal, and complete decision. The
hearing is a fact-finding forum by unbiased decision-makers, not a popularity contest. Unruly
behavior, such as booing, hissing, cheering, applause, verbal outburst, or other inappropriate
behavior, detract from the hearing and will not be permitted.
NOTE: Copies of Staff Reports for Hearing Items are available on the back table within the
hearing room.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF MINUTES
NONE
D. AMENDMENTS TO THE AGENDA
E. ANNOUNCEMENTS AND/OR PRESENTATIONS
F. CONTINUED ITEMS:
NONE
END OF CONTINUED ITEMS
G. WITHDRAWN ITEMS:
NONE
END OF WITHDRAWN ITEMS
H. HEARING ITEMS:
PRESENTATION RULES:
a) Where practical, presentations by staff and petitioners will be limited to 20 minutes or
less. Petitioners are asked to not repeat presentation information that the staff has
correctly presented. Please address the clarification to the staff's presentation, new
information or new developments to the project, and the staff and agency review
Board of Adjustment
January 23, 2014
Page 2 of 2
comments and recommendations.
b) Responses in favor or in opposition to the proposal will be limited to approximately 3
minutes each. We prefer only new information to be presented. A single speaker
may be selected on behalf of organized groups.
1. 2013-0143 AV FRESQUEZ ADU VARIANCE
Property Owner(s): The Eli Fresquez Trust, dated December 15, 1994 and The Dora Fresquez
Trust, dated December 15, 1994
Representative:
Eli Fresquez
Location:
4521 Old Kannah Creek Road, Whitewater
Zoning:
AFT
Planner:
Christie Barton, 255-7191, christie.barton@mesacounty.us
Request:
A request for a zoning variance to increase the allowable size of an
accessory dwelling unit on the subject property from 900 sq. ft. to not
exceed 1350 sq. ft.
Staff Recommendation: Denial
END OF HEARING ITEMS
RESOLUTION(S)
I. 2013-0143 AV FRESQUEZ ADU VARIANCE
END OF RESOLUTION(S)
J. ADJOURNMENT
The Mesa County Commission Chambers are accessible to the handicapped. With advance
request, a sign language interpreter may be made available (call 244-1636 or TDD 256-1530).
MESA COUNTY Planning Division
P.O. Box 20,000, Dept. 5022
Grand Junction, CO 81502-5001
Index/
Location
Map
INDEX
MESA COUNTY BOARD OF ADJUSTMENT HEARING
January 23, 2014
HEARING ITEM:
1. 2013-0143 AV FRESQUEZ ADU VARIANCE
Location Map
1
!
BOA Hearing Item
January 23, 2014
20
10
0
20
40
4
60
Miles
PROJECT
REVIEW
MESA COUNTY DEPARTMENT OF PUBLIC WORKS
Administration - Building - Engineering – Road and Bridge
Traffic - Planning - Solid Waste Management
200 S. Spruce Street • P.O. Box 20,000-5022 • Grand Junction, CO 81502-5001
Ph (970) 244-1636 Fax (970) 244-1769
PROJECT REVIEW
January 13, 2014
I.
2013-0143 AV
FRESQUEZ ADU VARIANCE
Property Owner(s): The Eli Fresquez Trust, dated December 15, 1994 and The Dora Fresquez Trust,
dated December 15, 1994
Representative: Eli Fresquez
Location: 4521 Old Kannah Creek Road, Whitewater
Parcel #: 2969-322-07-001
Zoning: AFT
Planner: Christie Barton, 255-7191, christie.barton@mesacounty.us
Request: A request for a zoning variance to increase the allowable size of an accessory dwelling unit on
the subject property from 900 sq. ft. to not exceed 1350 square feet.
Recommendation: Denial
Location & Zoning Map:
Page 1 of 6
II.
SURROUNDING LAND USES AND ZONING:
The subject property is located within the Agricultural, Forestry, Transitional (AFT) zoning district.
The predominant land uses in the area are single family residential, agricultural land, and vacant
property. Bureau of Land Management (BLM) managed lands are located approximately 500 feet to the
north.
The property is located within the Rural Planning Area and has a Future Land Use of Rural/ Agricultural
10 (R/A 10). The property was originally platted as the Single Tree Subdivision. Lots 1 & 2 were resubdivided into four (4) lots as the El Solito Subdivision that was recorded in 2004. The density is 5.8
acres per dwelling unit. An accessory dwelling unit does not increase the density on a lot as it fits within
the definition of “household” in the Land Development Code.
III.
PROJECT DESCRIPTION:
The property is currently vacant and the owners propose to construct a smaller home for themselves
(they live next door in a 2,764 square foot house) with a proposed 1,350 square foot accessory dwelling
unit. This is to be used as a home for a caregiver as the owners age. The property is currently in
agricultural production.
The Mesa County Land Development Code allows accessory dwelling units on residential property. On
properties greater than 2 acres in size, a detached accessory dwelling unit shall be a minimum of 300
square feet and a maximum of the greater of 900 square feet or 50% of the heated square footage of the
principal dwelling, not to exceed 1,500 square feet. The applicant is requesting that the accessory
dwelling of 1,350 square feet with a principal residence of 1,500 to 2,000 square feet. Section 3.12.6 of
the Land Development Code provides for variances to the maximum size of an ADU to be considered
by the Board of Adjustment. Pursuant to this section, the applicant has requested a variance to increase
the allowable ADU size for his property from 900 square feet to 1,350 square feet.
IV.
COMPLIANCE WITH MESA COUNTY CODE REQUIREMENTS:
Chapter 3: Zoning Variances
3.12.6 | Approval Criteria for Accessory Dwellings
A.
Variances to the maximum allowed size of an accessory dwelling may be approved by the
Board of Adjustment only if it finds that the following criteria 1 through 5 have been met:
1.
The requested variance is consistent with the Purposes set out in Section 1.5 of the
Land Development Code;
Section 1.5 of the Land Development Code specifies the purposes for land development
regulations. These purposes include implementation of the Master Plan, promoting predictability
and efficiency, providing opportunities for participation, promoting consistency of development
types, and promoting fairness for individuals and the community. This process allows applicants
to request a variance to the Land Development Code through a public process.
This criterion has been met.
Page 2 of 6
2.
The available building area of the property, as shown on a survey or site analysis map
submitted by the applicant, would allow the construction of the proposed accessory
dwelling, including adequate space for a septic system and replacement septic system
as required by the Mesa County Health Department;
The subject property is 4.7 acres in size and large enough for the house, the Accessory Dwelling
Unit, and two Individual Sewage Disposal Systems (ISDS), although the Site Plan shows that the
two dwelling units will share an ISDS. The Mesa County Health Department requires that a
Registered Professional Engineer design the primary and repair systems for both dwelling units.
If this variance is approved, this will be a condition of approval.
This criterion can be met.
3.
Except for maximum size, the proposed accessory dwelling will meet all applicable
requirements of the Land Development Code;
The property is currently vacant and must meet the Density and Dimensional Standards in Table
6.1.2 in order to obtain a Residential Site Plan approval (Planning Clearance).
The only provision this application does not comply with is the maximum allowable ADU size.
This criterion has been met.
4.
The approval of the accessory dwelling is not sought to subsequently compel or
influence approval of an application to subdivide the property or to circumvent
subdivision regulations; and
The property currently meets the maximum AFT District Density of one unit per 5.8 acres. The
applicant is proposing the ADU in order for family members to be able to care for them as they
age. There is no evidence that this proposal would result in compelling or influencing a decision
on any potential subdivision application.
This criterion has been met.
5.
Notice of the requirements and restrictions pertaining to the accessory dwelling will
be provided to potential future owners by recording the variance approval resolution
in the public records of the Mesa County Clerk and Recorder.
If the proposed variance is approved, the approval resolution will be recorded with the Mesa
County Clerk and Recorder in order to provide notice to future owners of the property that a
variance has been granted for this ADU.
This criterion can be met.
B.
In addition to the accessory dwelling variance approval criteria listed in paragraph
3.12.6.A above, the Board of Adjustment shall consider the following:
1.
Whether there are special circumstances or conditions that are peculiar to the land or
building for which the Variance is sought that do not apply generally to land or
buildings in the area;
The property owners own the rest of the lots in the El Solito Subdivision and maintain the land in
agricultural production. The lots are currently vacant.
Page 3 of 6
The owners have researched the size of modular homes, and can’t find anything less than 1,400
square feet in size. However, this is a proposed 1,350 square foot site built house and can be
sized to meet the requirements of this regulation.
The property owners own all four lots in the El Solito Subdivision, and can build the second
dwelling on another property, and size it to their needs. The plans submitted are smaller than the
original proposal but still require a variance request.
This standard has not been met.
2.
Whether the special circumstances and conditions are such that the strict application
of the provisions of this Land Development Code would result in peculiar and
practical difficulties to, and exceptional and undue hardship upon, the use of the land
or building;
It does not appear that the hardships posed by the Land Development Code in this instance are
directly related to the land or the building itself. The applicant states that he is concerned that
strict application of the Code would require a house that was too small to be an attractive benefit
for the caregiver. The applicant wants to build a primary home that will be smaller than their
current house and construct a smaller caregiver’s home as the accessory dwelling unit.
This standard has not been met.
3.
Whether the requested Variance is the minimum necessary to relieve the applicant of
the practical difficulties and exceptional and undue hardship in the use of the land or
building;
The request is to utilize the existing home based on the floor plans submitted by the applicant.
The Planning Division requested that the applicant reduce the size of the proposed accessory
dwelling unit, and it has been reduced to a proposed 1,350 square feet. The applicant has stated
that this application is the minimum necessary for them to use for the caregiver and family.
This standard has been met.
4.
Whether the granting of the Variance will have an adverse impact upon the
properties located within the written notification area defined in Section 3.1.8.; and
There is no evidence from this application that the primary house and accessory dwelling unit
will have an adverse impact on the properties in the 2,500-foot public notification area. Fencing
and tree plantings surrounding the four lot subdivision provide screening from Highway 50 and
surrounding properties. Homes in the area have an average density of 9.9 acres per dwelling unit.
This standard has been met.
5.
Whether the principal dwelling and accessory dwelling will be compatible with one (1)
another in appearance including similar styles of architecture and rooflines and
similar exterior construction materials. (However, if the existing dwelling is a
manufactured home, this requirement shall not apply to the proposed new dwelling,
irrespective of whether the new dwelling is proposed as the accessory dwelling or the
principal dwelling).
The applicant has submitted elevations of the houses that show the homes will be similar in
appearance.
This standard has been met.
Page 4 of 6
Section 3.1.17 | General Approval Criteria
The decision making body shall consider if the proposal:
A. Complies with all applicable standards, provisions, and the purposes (Sec. 1.5) of the Land
Development Code.
Consideration of this variance is within the authority of the Mesa County Board of Adjustment. It
does not appear that the application complies with Section 3.12.6. B. The accessory dwelling unit can
be built on an adjacent lot, which is also owned by the applicant, or can be reduced in size to comply
with Section 3.12.6.B.
This criterion has not been met.
B. The project application is consistent with review agency comments.
All review agency comments received are included in the hearing packet and project file. No
objections have been received. The applicant will need to provide testing data concerning the primary
and reserve ISDS, which must be designed by a Registered Professional Engineer.
This criterion can be met.
C. The project application is consistent with applicable intergovernmental agreements (IGA)
between the county and other entities.
The City of Grand Junction has been notified of the requested variance. The Bureau of Land
Management (BLM) was also notified of the application. No comments have been received from
either entity.
This criterion has been met.
V.
REVIEW AGENCY COMMENTS:
All review comments received are a part of the hearing packet and the file.
VI.
PUBLIC COMMENTS:
No public comments have been received by the date of this review.
VII. PROJECT RECOMMENDATION:
The Planning Division recommends denial of the Fresquez ADU Variance, based on the following
The basis for this recommendation:
The petition does not comply with the criteria in Section 3.12.6.B.1 & 2 and Section 3.1.17.A of the
Mesa County Land Development Code (2000, as amended).
Summary
ADU Variance Criteria 3.12.6
A.1. Compliance with Purpose
2.
Space for septic if needed
3.
Meets other requirements
4.
Not to compel subdivision
Has been met
Can be met
Has been met
Has been met
Page 5 of 6
5.
Will be recorded with Clerk
Can be met
B
1.
2.
3.
4.
5.
The following have been considered the request for a variance:
Unique to land or building
has not been met
Special circumstances create hardship
has not been met
Variance is minimum necessary
has been met
Impact to properties
has been met
Compatible with other structures
has been met
General Approval Criteria 3.1.17
A.
Compliance with applicable standards and
provisions in the Land Development Code
B.
Consistency with review agency comments
C.
Consistency with applicable IGAs
VIII. BOA ACTION (01/23/2014):
Page 6 of 6
Has not been met
Can be met
Has been met
HEARING
NOTICE
Fresquez ADU Variance
2013-0143 AV
December 30,2013
Zoning/Parcel Map
Legend
Notification Buffer
2500 ft. Buffer
Parcels
Roads
"
2969-322-07-001
0.3
0
0.3
0.6
0.9
1.2
Miles
2013-0143 AV
Fresquez
PARCEL_NUM
2969-322-00-249
2969-293-02-001
2969-301-00-914
2969-324-00-199
2969-321-00-327
2969-293-02-003
2969-323-05-014
2969-314-01-002
2969-311-00-036
2969-314-01-029
2969-293-01-002
2969-323-02-001
2969-314-01-007
2969-321-00-324
2969-323-05-001
2969-322-00-250
2969-322-00-303
2969-323-02-004
2969-322-06-003
2969-314-01-008
2969-321-00-326
2969-293-02-004
2969-314-01-003
2969-323-01-001
2969-324-00-472
2969-314-01-004
2969-314-01-944
2969-314-01-006
2969-321-00-302
2969-323-02-003
2969-314-01-028
2969-293-02-007
2969-324-00-471
2969-323-00-193
2969-324-00-200
2969-324-00-323
2969-314-00-284
2969-314-01-032
2969-314-01-027
2969-322-06-004
2969-324-00-316
2969-321-00-251
2969-293-02-008
2969-311-00-034
2969-293-02-002
2969-324-00-195
Notification List
OWNER
MAILING
CITY
ATKINSON SHAD
827 IOWA AVE
PALISADE
BATHE SHANNON L
3209 BLAIR RD
WHITEWATER
BLM
2815 H RD
GRAND JUNCTION
BOETTCHER ALLEN G
191 KANNAH CREEK RDWHITEWATER
BREHM JUSTIN D
3758 BLAIR RD
WHITEWATER
BRICKEY BRADLEY
3205 BLAIR RD
WHITEWATER
BROWN DANIEL K
1018 COLORADO AVE GRAND JUNCTION
CAIRES EUGENE J JR
34971 PRONGHORN DRWHITEWATER
CATLIN RICK L
2830 C 1/2 RD
GRAND JUNCTION
Confidential Owner
34920 PRONGHORN DRWHITEWATER
COOPER FRANK Z
3591 BLAIR RD
WHITEWATER
DAVIS-PINNT AMANDA S
4331 BLAIR RD
WHITEWATER
DEVRIES JOSHUA T
6231 LAPALOMA CT WHITEWATER
DICKINSON BARBARA ANN
3814 BLAIR RD
WHITEWATER
DITTMER TED L
35490 GOLDEN EAGLE CT
WHITEWATER
DIXON DONNA J
4486 HIGHWAY 50
WHITEWATER
DURAN DANIEL M
4551 OLD KANNAH CREEK
WHITEWATER
RD
DURMAS LOIS A
4329 BLAIR RD
WHITEWATER
FRESQUEZ ELI TRUSTEE
4590 OLD KANNAH CREEK
WHITEWATER
RD
GAUTHIER STEVEN M
6211 LAPALOMA CT WHITEWATER
GRAHAM COREY T
3754 BLAIR RD
WHITEWATER
GRIFFIS LARRY
3201 BLAIR RD
WHITEWATER
HELM BRUCE EDWARD
34911 PRONGHORN DRWHITEWATER
KAPUSHION MARVIN G
4333 BLAIR RD
WHITEWATER
KILDAHL DAVID J
446 KANNAH CREEK RDWHITEWATER
KROESE CARLTON N
6200 LAPALOMA CT WHITEWATER
LANDS END FIRE PROTECTION DISTRICT
PO BOX 250
WHITEWATER
LICHTENBERG RANDALL
6240 LA PALOMA CT WHITEWATER
MARRIN DENNIS L
3821 BLAIR RD
WHITEWATER
MARUSHACK DANIEL JOHN
90 KANNAH CREEK RD WHITEWATER
MOODY BOONE D
6150 LAGOLONDRINA CT
WHITEWATER
MUSSER ANNA LOUISE
3203 BLAIR RD
WHITEWATER
NEXT DIMENSION LLC
2401 WHITEWATER CREEK
WHITEWATER
RD
NOLAND LAURA LEE
101 KANNAH CREEK RDWHITEWATER
NOLAND RICHARD K
101 KANNAH CREEK RDWHITEWATER
NORTH AMERICAN SPORTSMANS2246
ADVENTURE
SIGNAL ROCK
INC CT GRAND JUNCTION
PRINSTER PAUL JEFFREY
34999 SIMINOE RD
WHITEWATER
PRONGHORN AT KANNAH CREEK1018
LLC COLORADO AVE GRAND JUNCTION
RAMOS JOSE MILO
6120 LAGOLONDRINA CT
WHITEWATER
REEVES DOROTHY
4660 OLD KANNAH CREEK
WHITEWATER
RD
RICHARDSON CINDY J
100 KANNAH CREEK RDWHITEWATER
RICKETT WALTER B
3816 BLAIR RD
WHITEWATER
RIVER CALVIN W
3151 BLAIR RD
WHITEWATER
ROBERTS JAMES B
4491 HIGHWAY 50
WHITEWATER
SCHMIDT STEVEN JAMES
3207 BLAIR RD
WHITEWATER
SWOPE RANDY
101 KANNAH CREEK RDWHITEWATER
Page 1 of 2
ST
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
ZIP
81526
81527-9527
81506
81527-9655
81527-9518
81527-9527
81501-3521
81527
81501-4714
81527-8502
81527
81527
81527-9309
81527-9518
81527-9445
81527-9441
81527-9503
81527-9524
81527-9503
81527-9309
81527
81527-9527
81527-8502
81527-9524
815279676
81527-9309
81527
81527
81527
81527-9662
81527-8300
81527-9527
81527-9305
81527-9655
81527-9655
81505
81527
81501-3521
81527-8300
81527-9456
81527-9668
81527-9518
81527-9536
81527-9447
81527
81527-9655
2013-0143 AV
Fresquez
2969-294-01-001
2969-314-01-026
2969-311-00-344
2969-311-00-343
2969-311-00-476
2969-323-00-305
2969-323-00-311
2969-323-00-315
2969-324-00-325
2969-314-01-001
2969-314-01-005
Notification List
TEZAK BRIAN
TOMPKINS CHAD D
WADE CHRISTOPHER S
WADE KEVIN L
WADE LUCAS
WHITING JOHN L
WHITING LAND LEGACY
WHITING RODNEY L
WILD STEER HOLDINGS LLC
WITHOUSE GABRIEL WALKER
ZOOBI LAWRENCE D
3601 BLAIR RD
WHITEWATER
6100 LA GOLONDRINA WHITEWATER
CT
815 6650 RD
MONTROSE
748 SIMINOE RD
WHITEWATER
748 SIMINOE RD
WHITEWATER
140 WHITING RD
WHITEWATER
140 WHITING RD
WHITEWATER
140 WHITING RD
WHITEWATER
1675 17 1/2 RD
LOMA
34991 PRONGHORN DRWHITEWATER
6220 LA PALOMA CT WHITEWATER
Page 2 of 2
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
81527
81527
81401-8311
81527-9469
81527
81527-9600
81527-9600
81527-9600
81524
81527-8502
81527
REVIEW
AGENCY
COMMENTS
PRO2013-0143 - FRESQUEZ ADU VARIANCE Review Agency Comments
Comments Due Date: 11-25-2013
User
Review
Agency
Otis Darnell
MC ROAD &
BRIDGE B
11/4/2013 Mesa County R & B has no problems at this time.
10:31:28 AM
Melinda
Henderson
MC TREASURER
11/4/2013 As of November 4, 2013 property taxes are paid. MMH
12:15:37 PM
Matt Sinclair
MC ENVIRON
HEALTH
11/8/2013 The Mesa County Health Department can approve the construction
9:11:05 AM of an ADU as long as it can be shown by a Registered Professional
Engineer that there is sufficient area for a primary and repair
individual sewage disposal system that is capable of serving each
individual dwelling unit and that the ISDS's will not negatively
impact each other. MCHD - Env. Health
Nancy Carter
MC ASSESSOR
11/8/2013 Assessor's Office has no comments.
3:48:51 PM
PERRY RUPP
UT GV RURAL
POWER
11/11/2013 GVP Review Comments
5:00:16 PM
1. The project is in the Grand Valley Power service area.
2. Single-phase power is available for this project, along the Old
Kannah Creek Road.
3. Please make application for service by calling 242-0040, to start
the design process. A cost estimate will also be prepared.
4. Any relocation of existing overhead power lines, poles,
guy/anchors, underground lines, transformers or any other Grand
Valley Power equipment is at the developer’s expense.
Shirley Beall
MC ADDRESSING
11/21/2013 Christie: If approved to have a primary residence and an accessory
4:12:48 PM residence, the primary will use the address of 4521 Old Kannah
Creek Rd Unit A; the accessory will use 4521 Old Kannah Creek Rd
Unit B. Shirley/Addressing
MC DEV
ENGINEER
MC DEV
ENGINEER
11/22/2013 MC Development Engineering
8:27:09 AM
No comments.
Daniel Sundstrom MC TRANS PLAN
Date/Time Comment
11/22/2013 Applicant to use shared driveway to their site.
10:40:56 AM
NO
PUBLIC
COMMENTS
APPLICANT
INFORMATION