05-16-2013 - Mesa County

Transcription

05-16-2013 - Mesa County
MESA COUNTY
BOARD OF ADJUSTMENT
May 16, 2013
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: May 16, 2013
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G. WITHDRAWN ITEMS: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END OF WITHDRAWN ITEMS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
Board of Adjustment
May 16, 2013
Page 2 of 3
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
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. 2013-0036 AV TINA L. SISNEROS ADU VARIANCE
Property Owner(s): Tina L. Sisneros
Representative(s): Mark Shaw
Location:
147 29 ¼ Road, Grand Junction
Parcel #:
2943-323-00-069
Zoning:
RSF-R Residential Single Family - Rural
Planner:
Ron Quarles, 254-4152, ron.quarles@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 1232 sq.ft
Staff Recommendation: Approval and adoption of resolution
2. 2013-0039 AV STACY McCARTHY ADU VARIANCE
Property Owner(s): Stacy McCarthy
Location:
1266 12 ½ Road, Loma 81524
Parcel #:
2693-041-00-235
Zoning:
AFT Agricultural Forestry Transitional
Planner:
Ron Quarles, 254-4152, ron.quarles@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 square feet to 1,140 square feet.
Staff Recommendation: Approval and adoption of resolution
3. 2013-0052 AV FEUERBORN ADU VARIANCE
Property Owner(s): Leslie Feuerborn
Location:
1326 21 ½ Road, Grand Junction
Parcel #:
2695-363-20-002
Zoning:
AFT Agricultural Forestry Transitional
Planner:
Ron Quarles, 254-4152, ron.quarles@mesacounty.us
Request:
A request for a zoning variance to increase the allowable size of an
accessory dwelling unit on the subject property from 1,064 sq ft to 1,377sq. ft.
Staff Recommendation: Approval with Conditions and adoption of resolution
END OF HEARING ITEMS
Board of Adjustment
May 16, 2013
Page 3 of 3
I. RESOLUTIONS
2013-0036 AV
APPROVAL OF A REQUEST BY TINA AND RODOLFO SISNEROS, TRUSTEES OF THE
SISNEROS FAMILY TRUST, TO INCREASE THE ALLOWABLE SIZE OF AN ACCESSORY
DWELLING UNIT FROM 900 SQUARE FEET TO 1,232 SQUARE FEET ON THE PROPERTY
ADDRESSED AS 147 29 1/4 ROAD, GRAND JUNCTION, COLORADO
2013-0039 AV
APPROVAL OF A REQUEST BY STACY MCCARTHY, OWNER, TO INCREASE THE
ALLOWABLE SIZE OF AN ACCESSORY DWELLING UNIT FROM 900 SQUARE FEET TO
1,140 SQUARE FEET ON THE PROPERTY ADDRESSED AS 1266 12 ½ ROAD, LOMA,
COLORADO
2013-0052 AV
APPROVAL OF A REQUEST BY PATRICIA LESLIE FEUERBORN, OWNER, TO INCREASE
THE ALLOWABLE SIZE OF AN ACCESSORY DWELLING UNIT FROM 900 SQUARE FEET
TO 1,064 SQUARE FEET ON THE PROPERTY ADDRESSED AS 1326 21 1/2 ROAD,
GRAND JUNCTION, COLORADO
END OF RESOLUTIONS
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
May 16, 2013
HEARING ITEMS:
1. PRO2013-0036 TINA L. SISNEROS ADU VARIANCE
2. PRO2013-0039 STACY McCARTHY ADU VARIANCE
3. PRO2013-0052 FEUERBORN ADU VARIANCE
10
5
0
!
2
10
!
3
!
20
1
Miles
30
BOA Hearing Items
May 16, 2012
Location Map
4
PROJECT
REVIEW
MESA COUNTY DEPARTMENT OF PUBLIC WORKS
Administration - Building - Engineering – Road and Bridge
Traffic - Planning - Solid Waste Management
200 S. Spruce St • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022
Ph (970) 244-1636 Fax (970) 244-1769
PROJECT REVIEW
April 30, 2013
I.
2013-0036 AV
Property Owner:
Location:
Parcel#:
Zoning:
Planner:
Request:
Recommendation:
SISNEROS ADU VARIANCE
Rodolfo and Tina Sisneros, Trustees, Sisneros Family Trust
147 29 ¼ Road
2943-323-00-069
RSF-R Residential Single Family - Rural
Ron Quarles, Senior Planner
A request for a zoning variance to increase the allowable size of an
accessory dwelling unit on the subject property by 332 square feet
from 900 square feet to 1,232 square feet.
Approval
1
II.
SURROUNDING LAND USES AND ZONING:
The subject property is located within the Residential Single Family – Rural (RSF-R) zoning
District. The site abuts the Elliott Heights Subdivision to the east developed with standard size
lots of generally 15,000 square feet. The predominant land use in the area, south of Highway 50
is single family residential. Areas extending south of this site towards the Bureau of Land
Management open spaces have remained undeveloped.
The property is located within the Urban Development Boundary and the Persigo Sewer District
Service area. According to the Grand Junction Comprehensive Plan, the future land use
designation of the subject property and adjoining properties is Residential Medium Low with a
density of 2 to 4 dwelling units per acre. The anticipated urban density reflects future
infrastructure to serve the area and potential annexation into the city limits.
III.
PROJECT DESCRIPTION:
The property contains two single family residences that include a house constructed in the 1930s
and a mobile home built in the 1960s. An accessory out-building (shed) and shop are also
located on the property. The existing mobile home is a pre-HUD Code home, which means it
was constructed prior to the Manufactured Home Construction and Safety Standards (HUD
Code) of June 15, 1976. The owner is proposing to remove the mobile home of approximately
576 square feet and replace it with a modular structure
of approximately 1,932 square feet that will serve as
SITE PLAN
the primary residence. The owner would like to be
able to continue to utilize the existing home
constructed in the 1930s as the accessory dwelling for
family members. That structure is constructed with a
total area of 1,232 square feet.
2
The Mesa County Land Development Code provides for accessory dwelling units on residential
property. On properties less than 2 acres in size, an accessory dwelling unit may be as small as
300 square feet or as large as 900 square feet. The applicant is requesting that the existing
residence of 1,232 square feet be able to serve as the accessory dwelling. 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 1,232
square feet.
Residence to be removed
IV.
Requested ADU
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. Staff has not determined how this request would conflict with any of the
purposes laid out in this section of the Land Development Code.
3
This criterion has been met.
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 1.148 acres in size, and is currently served by sewer. The
Orchard Mesa Sanitation District has reviewed the application and does not object to the
request. According to the comments submitted by the district, no additional tap fee will
be charged, but service rates will be adjusted for two separate residences. Because no
septic system is proposed, no provisions for replacement systems are required.
This criterion has been met.
3.
Except for maximum size, the proposed accessory dwelling will meet all
applicable requirements of the Land Development Code;
There are no issues with location of the existing residence that will serve as the ADU
with setback requirements, lot coverage requirements, and other provisions of the Land
Development Code. The primary dwelling that will be placed on the site will be required
to meet all of the dimension standards of the code. The only provision this application
cannot 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 applicant is proposing the ADU in order for family members to be able to continue to
reside on the property. As stated by the applicant, the site has had a long history of use
by family members, originally homesteaded by the owner’s grandfather in 1928. 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.
4
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 has been 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 applicant has demonstrated that a second home has been on the site for more than 3
decades. Although the site is similar to other unplatted older residences in the area, it is
uncharacteristic to the home-sites within the subdivided areas that have developed more
recently. As stated previously, adjacent lots immediately east of the site are generally
15,000 square feet in size, compared to the subject site, which is more than 50,000 square
feet. The future land use approved for this area would potentially support 2 to 4
dwellings on a parcel of this size. Rather than subdividing the property, the owner is
requesting that it continue to be used as it has been used by family members for several
generations. For these reasons, it appears that the site is unique to other properties in the
area.
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;
While 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, there are practical
difficulties for the applicant personally. The applicant desires to replace a pre-HUD
Code home for the primary residence and leave the home that was originally constructed
on the site as the accessory dwelling. Strict application would either require that the new
home that replaces the pre-HUD code home be limited to 900 square feet or that the
existing home constructed in the 1930’s be reduced in size or removed and replaced by a
smaller home.
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 current square footage of 1,232
square feet. No additional square footage is requested with this variance. The applicant
5
has demonstrated that this application is the minimum necessary for to relieve the
hardship.
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 use of the existing home on this site for
the ADU will adversely impact the surrounding area. Letters of support indicate that the
owner has been working to make improvements to the property. The house has been in
place for several decades and the property will be upgraded with the replacement of a
pre-HUD code home with a code compliant home.
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 indicated that all of the structures on the property will be similar in
color and appearance. No changes to the existing structure will be made as a part of this
application. However, the replacement of the pre-HUD Code home with a contemporary
home will not result in any significant visual differences between the two homes . As the
owner indicates in the application, both homes will be set back from the street a distance
of at least 180 feet. The secondary structure will be located to the rear of the primary
residence.
.
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 appears that the application complies or can be made to comply with all
applicable provisions of the Land Development Code.
This criterion has been met.
6
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.
This criterion has been 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 and has provided
comments located in the section “Review Agency Comments”. The City has no objections to
the proposed variance.
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:
Letters of support have been received from the adjoining property owner and are included in this
packet.
VII.
PROJECT RECOMMENDATION:
The Planning Division recommends approval of the Sisneros ADU Variance.
The basis for this recommendation:
The petition complies with or has the ability to comply with the criteria in Section 3.12.6 and
Section 3.1.17 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
5.
Will be recorded with Clerk
Has been met
Has been met
Has been met
Has been met
Has been met
7
B
1.
2.
3.
4.
5.
The following have been considered and support the request for a variance:
Unique to land or building
Special circumstances create hardship
Variance is minimum necessary
Impact to properties
Compatible with other structures
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 (05/16/2013):
8
Has been met
Has been met
Has been met
HEARING
NOTICE
Zoning/Parcel Map
Tina L. Sisneros ADU Variance
2013-0036 AV
April 26, 2013
Legend
500 ft buffer
Notification Buffer
Parcels
Roads
Urban Growth Area
2943-323-00-069
"
0.08
0
0.08
0.16
0.24
0.32
Miles
2013-0036 AV Sisneros ADU
Variance
PARCEL_NUM
2943-323-10-005
2943-322-00-064
2943-322-00-059
2943-323-10-009
2943-322-00-055
2943-322-00-054
2943-323-10-010
2943-323-10-003
2943-323-10-001
2943-322-00-060
2943-323-10-008
2943-323-10-006
2943-323-00-172
2943-322-00-056
2943-322-00-058
2943-323-10-025
2943-323-00-071
2943-323-00-069
2943-323-10-019
2943-323-00-153
2943-323-10-020
2943-323-10-004
2943-323-10-002
2943-322-00-057
2943-322-00-061
2943-322-00-062
2943-323-10-007
2943-322-00-052
2943-322-00-053
2943-322-00-063
2943-323-10-012
Notification Table
OWNER
MAILING
CITY
ST ZIP
ARANDA DANIEL DWAIN SR 138 LARRY DR
GRAND JUNCTION
CO 81503-2417
ARNDT CHARLES E
3420 W 94TH AVE
WESTMINISTER
CO 80031
BENNINGER JAMES W
151 29 1/2 RD
GRAND JUNCTION
CO 81503
BUCK BETTY A
146 LARRY DR
GRAND JUNCTION
CO 81503-2417
CARDIN JEFFREY R
2921 HIGHWAY 50
GRAND JUNCTION
CO 81503-2415
CLINE JOANN R
147 REDROCK RD
GRAND JUNCTION
CO 81503-2454
COMER DUGAN STEELE
19717 HIGHWAY 131 BOND
CO 80423-9509
CORLE GREGORY HUBBARD 143 LARRY DR
GRAND JUNCTION
CO 81503-2447
EALEY DENNIS T
147 LARRY DR
GRAND JUNCTION
CO 81503-2447
ERICSON JERRY W
PO BOX 40104
GRAND JUNCTION
CO 81504-0104
FISHELL KAREN ANN
144 LARRY DR
GRAND JUNCTION
CO 81503-2417
GANNON TODD E
140 LARRY DR
GRAND JUNCTION
CO 81503-2417
GENESIS MEDICAL GROUP INC
PO BOX 3240
GRAND JUNCTION
CO 815023240
HARRIS JAMES T
157 29 1/4 RD
GRAND JUNCTION
CO 81503-2469
HAYES JESSE D
153 29 1/4 RD
GRAND JUNCTION
CO 81503-2469
HOFFMAN DAVID A
141 MIZELLE DR
GRAND JUNCTION
CO 81503
KOONTZ GALEN
150 29 1/4 RD
GRAND JUNCTION
CO 81503-2428
LLOYD BARBARA G TRUSTEE 147
LIFE29
EST1/4 RD
GRAND JUNCTION
CO 81503-2429
MARTINEZ EPPIE P
2931 LYLE DR
GRAND JUNCTION
CO 81503
MEACHAM MARSHA J
147 BRUSTER RD
GRAND JUNCTION
CO 81503-2435
NEFF DONNA A
13927 W TERRA VISTA DR
SUN CITY WEST
AZ 853755502
NILES BARBARA J
141 LARRY DR
GRAND JUNCTION
CO 81503-2447
NORDENSON JANICE M
145 LARRY DR
GRAND JUNCTION
CO 81503
ORSBURN DONALD W JR
156 REDROCK RD
GRAND JUNCTION
CO 81503-2455
PALMER DENTON
152 29 1/4 RD
GRAND JUNCTION
CO 81503-2428
RASO VERNA
2929 HIGHWAY 50
GRAND JUNCTION
CO 81503-2414
REINERTSEN DAVID A
142 LARRY DR
GRAND JUNCTION
CO 81503-2417
RODRIQUEZ PABLO
159 REDROCK RD
GRAND JUNCTION
CO 81503-2454
SAUNDERS DIANA K
126 LARIAT LANE
GLENWOOD SPRINGS
CO 81601
WALKOWICZ SCOTT L
2931 HIGHWAY 50
GRAND JUNCTION
CO 81503-2414
WELLS PAUL G
2929 LYLE DR
GRAND JUNCTION
CO 81503-2448
Tina Sisneros
147 29 1/4 RD
GRAND JUNCTION
CO 81503-2429
Mark Shaw
2465 HWY 6&50
GRAND JUNCTION
CO
81505
Page 1 of 1
REVIEW
AGENCY
COMMENTS
PRO2013-0036 - SISNEROS VARIANCE
Review Agency Comments
Comments Due Date: 2013-04-17
User
Review
Agency
RHONDA
EDWARDS
FIRE GRAND
JUNCTION
3/27/2013 Grand Junction Fire Department has no issues or
8:51:56 AM concerns with this request.
Otis Darnell
MC ROAD &
BRIDGE B
4/1/2013 Mesa County R&B has no problems
2:16:06 PM
PERRY RUPP
UT GV RURAL
POWER
4/4/2013 GVP Review Comments
4:04:34 PM
1. The project is in the Grand Valley Power service
area.
2. Single-phase power and electrical service is on
site.
3. Application for service was made and a cost
estimate was prepared under GVPower job number
13/8068.
Ron Quarles
Date/Time Comment
4/8/2013 Orchard Mesa Sanitation District Comments: April 5,
8:29:24 AM 2013, Stephen T. La Bonde: the following are the
Orchard Mesa Sanitation District's (District) review
comments on the proposed Sisneros Variance
request to remove an existing home on the
property located at 147 29 1/4 Road and replace it
with a larger residence. Currently there are two
residential homes located on the property that was
confirmed with the Petitioner, Tina Sisneros. In
talking with Ms. Sisneros, she explained that the
first residence was constructed in the 1930's when
the property was homesteaded by her grandfather.
The second residence is a modular home that was
constructed in the last 1960's by her father to
provide a home for her grandmother when she was
widowed. Both residences were originally served
by an individual sewage disposal system until they
were connected to the District's system that was
constructed in the mid 1970's. It is our
understanding that the new residence will be
located where the original modular home residence
was placed for the Sisneros' grandmother.
The District has no comment regarding the removal
of the existing structure and replacement with a
larger residence, however, in reviewing the
District's billing records the property has been
assessed 1 EQU, rather than 2 EQUs for the two
residential homes. After discussing the situation
with the District Board, the Board did not feel it was
appropriate to charge an extra tap fee for the
second residential home. However, since the
property has 2 residential units with potentially
twice the flow of the a single EQU, the Board felt
that an adjustment from 1 EQU to 2 EQUs would be
appropriate. The change in EQUs would occur
when the Certificate of Occupancy (CO) is issued
for the new residential home by the Mesa County
Builidng Department. Other than adjusting the
number of EQUs assigned to the property, the
District has no objections or comments to the
variance request. Please have the Mesa County
Building Department notify the District when a CO
is issued for the new residence so the number of
EQUs assigned to the property can be adjusted on
the monthly sewer billing.
Paul Sizemore
MC TRANS
PLAN/TIF
TRUDY BROWN MC CODE
COMPLIANCE
BRIAN RUSCHE CITY GJ
PLANNING DIV
4/9/2013 Planning Division - Transportation Planning
10:37:39 AM
There are no transportation planning objections to
the proposed variance.
4/12/2013 Mesa County Code Compliance Service (MCCCS)
10:44:51 AM has a current open and active Code case pertaining
to 147 29 1/4 Road regarding multiple dwellings.
In that regard, MCCCS supports the requested
variance as it will potentially correct the current
violation once the proposed changes are complete.
4/16/2013 City of Grand Junction - Brian Rusche, Senior
1:35:47 PM Planner:
No objection to the proposed variance.
PUBLIC
COMMENTS
APPLICANT
INFORMATION
PROJECT
REVIEW
MESA COUNTY DEPARTMENT OF PUBLIC WORKS
Administration - Building - Engineering – Road and Bridge
Traffic - Planning - Solid Waste Management
200 S. Spruce St • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022
Ph (970) 244-1636 Fax (970) 244-1769
PROJECT REVIEW
April 30, 2013
I.
2013-0039 AV
McCARTHY ADU VARIANCE
Property Owner:
Location:
Parcel#:
Zoning:
Planner:
Request:
Stacy McCarthy
1266 12 ½ Road, Loma
2693-041-00-235
AFT Agricultural Forestry Transitional
Ron Quarles, Senior Planner
A request for a zoning variance to increase the allowable size of an
accessory dwelling unit on the subject property by 240 square feet
from 900 square feet to 1,140 square feet.
Approval
Recommendation:
1
II.
SURROUNDING LAND USES AND ZONING:
The subject property and surrounding properties are located within the Agricultural Forestry
Transitional (AFT) zoning district. The area is generally rural in character in close proximity to
the Rural Community of Loma. The surrounding properties are used for residential and
agricultural purposes. The parcel includes a total area of approximately 14.5 acres. In 2004 the
previous owner created the parcel by a simple land division from a larger parcel of
approximately 20 acres.
The Rural Master Plan designates the site for future Estate residential densities of 2 to 5 acres per
unit. Land immediately east of the site, which fronts on Highway 139, is designated in the plan
for Mixed Use Residential uses with a maximum density of 12 units per acre. However, because
urban infrastructure is not in place, future development of this area at urban densities is limited
by interim development policies (Resolution MCM 2012-106). Re-zonings to urban zoning
districts may only be considered subject to the formation of an Urban Services Public
Improvement District (PID), and re-zonings to non-residential / mixed use districts require that
public sewer infrastructure be in place.
III.
PROJECT DESCRIPTION:
The subject property currently contains a single family residence. Until recently a mobile home
of approximately 924 square feet was also located on the property. The home was placed on the
parcel by the previous owner in 2003 as agriculture labor housing. Property owners in rural
zoning (AFT) may obtain site plan approval for agriculture labor housing if the home is occupied
by persons who support the agricultural operations on the property.
The mobile home was
removed from the site by the current owner. The applicant is now proposing to install a
manufactured home at the same location of the previous mobile home with the intent to lease the
home to future residents.
SITE PLAN
Out -buildings
have been
removed.
Primary
Residence
2
Location of
Requested ADU
(Agriculture
Labor House has
been removed.)
The Mesa County Land Development Code provides for accessory dwelling units on residential
property. On properties over 2 acres in size, an accessory dwelling unit may be up to 900 square
feet in size or 50% of the primary residence size, whichever is greater. Because the existing
primary residence on this property is 1,568 square feet, the largest size ADU that may be allowed
under an administrative review is 900 square feet.
The owner is requesting she be permitted to locate a structure of 1,140 square feet on the
property as the accessory dwelling. 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 1,140 square feet.
Existing Primary Residence
IV.
Proposed ADU
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. Under the current zoning the property may be subdivided at a density of 1
unit per 5 acres, or a total of three lots. Interim development policies, however, require
3
that lots are clustered and that at least one of the lots contain 60 percent of the parcel
acreage. The Plan also supports increased densities for this property in the future, subject
to the provision of urban infrastructure. It appears that the proposal to place a second
dwelling at the location of the previous agricultural labor house would not interfere with
any of the purposes laid out in this section of the Land Development Code.
This criterion has been met.
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;
An ISDS permit was issued for the agriculture labor house in 2004. (Application 03-344).
Mesa County Environmental Health has reviewed the application and has no issues with
the proposed variance. A clearance form will need to be obtained before the replacement
home is located on the site, subject to no increase to the number of bedrooms (2) in the
previous home. The owner has indicated in the application that the proposed home will
have no more than 2 bedrooms.
This criterion has been met.
3.
Except for maximum size, the proposed accessory dwelling will meet all
applicable requirements of the Land Development Code;
Due to the size of the subject property, there are no issues with placing the ADU in a
manner consistent with setback requirements, lot coverage requirements, and other
provisions of the Land Development Code. The only provision this application cannot
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 applicant is proposing the ADU to lease to future occupants on the site that was
previously utilized for agricultural labor housing. In the application the owner states that
“having a family on the property there may be a chance the family can help me with the
farm, which is something I am interested in having happen.” However, because the it is
not a certainty that the residence will be utilized as agricultural labor housing, which has
no square footage limitations, the owner is requesting a variance to the accessory
dwelling unit limitations.
4
Although the land could be subdivided for a second residence, the subdivision would
likely affect the existing agricultural land since access to the second lot would need to be
from 12 ½ Road. The applicant has expressed a desire to place the ADU on the previous
home-site and avoid splitting the agricultural land with further subdivision. Although
there are possibilities for future subdivision of the property under existing zoning as well
as the future land use proposed by the Comprehensive Plan, it does not appear 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 has been 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;
Until the agricultural labor housing was removed, the primary residence and associated
ISDS were located along the 12 ½ Road frontage, with the second home and associated
ISDS located to the rear of that residence. Although the arrangement of the homes is not
necessarily unique, the prospect of subdividing the property for a lot for each home,
without altering the location of the previous home would potentially impact the existing
agricultural land with a new access from 12 ½ Road. The applicant is seeking to keep the
previous layout and continue to utilize the septic systems that are already located on the
site.
The future land use calls for “Estate” Densities of 2 to 5 units per acre, which would
increase the density and intensity of development on the property. For these reasons, it
appears that the current configuration of the property (large lot residential and
agricultural) is not permanent, especially when urban infrastructure is in place. In the
long term, there is a high degree of likelihood that the property will eventually redevelop
in a manner consistent with the Master Plan.
5
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;
While 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, there are practical
difficulties for the applicant personally. The applicant, a single parent, desires the
additional space in the ADU in order to lease to a family that may be able assist with the
agricultural operations. It appears that this additional living space would help relieve
some of the hardship experienced by the applicant in the efforts to maintain and preserve
the agricultural land.
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;
As previously stated, the owner desires to utilize the site that was previously utilized for
agricultural labor housing. The proposed structure will contain 2 bedrooms, the same
number of bedrooms for which the existing septic system was established.
The location and orientation of the home will reflect the historic use of the property.
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
It does not appear that the proposed increase in ADU size would adversely impact the
surrounding area. As stated above, the second residence will be located to the rear of the
primary residence at the same location as the previous home. Because the area is planned
for higher uses in the Grand Junction Comprehensive Plan, eventual redevelopment is
highly probable.
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).
Both structures will be similar in character, color and architecture, with gable roofs. It
appears that once placed on the site, the visual impact of the structure will not be
significantly different than any of the other structures on the site.
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 appears that the application complies or can be made to comply with all
applicable provisions of the Land Development Code.
This criterion has 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.
This criterion has been met.
C. The project application is consistent with applicable intergovernmental agreements
(IGA) between the county and other entities.
The U.S. Bureau of Land Management has been notified of the requested variance and has
provided no comments.
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:
A letter of support has been received from the adjoining property owner and is included in this
packet.
VII.
PROJECT RECOMMENDATION:
The Planning Division recommends approval of the proposed McCarthy ADU Variance.
The basis for this recommendation:
7
The petition complies with or has the ability to comply with the criteria in Section 3.12.6 and
Section 3.1.17 of the Mesa County Land Development Code (2000, as amended). The petition
supports the Future Land Use Designation on the property, and the Loma Interim Density
Guidelines, if the property is subdivided in the future; and preserves the agricultural use of the
property in the interim.
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
5.
Will be recorded with Clerk
B
1.
2.
3.
4.
5.
Has been met
Has been met
Has been met
Has been met
Has been met
The following have been considered and support the request for a variance:
Unique to land or building
Special circumstances create hardship
Variance is minimum necessary
Impact to properties
Compatible with other structures
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 (05/16/2013):
8
Has been met
Has been met
Has been met
HEARING
NOTICE
Stacy McCarthy ADU Variance
2013-0039 AV
April 26, 2013
Zoning/Parcel Map
Legend
Notification Buffer
2,500 ft buffer
Parcels
Roads
Urban Growth Area
2693-041-00-235
"
AFT
0.4
0
0.4
0.8
1.2
1.6
Miles
2013-0039 AV McCarthy ADU
Variance
PARCEL_NUM
2693-032-00-006
2693-042-03-003
2691-333-00-373
2693-042-00-176
2693-042-05-006
2691-343-29-001
2693-042-00-066
2693-082-00-914
2693-032-08-001
2693-032-08-008
2691-334-30-001
2693-032-08-009
2691-334-00-009
2693-041-00-133
2691-334-27-001
2693-041-00-193
2693-042-00-109
2693-044-00-238
2693-032-08-011
2693-042-00-025
2693-032-08-004
2691-334-02-010
2693-042-03-004
2693-032-08-015
2693-042-00-188
2693-044-00-137
2693-032-08-002
2691-333-00-553
2691-333-00-554
2693-032-06-005
2693-032-08-012
2693-032-06-006
2691-334-28-006
2693-041-01-001
2693-041-01-002
2693-041-00-132
2693-041-00-235
2693-032-08-006
2693-042-05-004
2691-334-26-933
2691-334-03-002
2693-041-00-190
2693-042-05-005
2691-334-02-005
2693-032-08-016
2693-032-08-018
Notification Table
OWNER
1297 13 ROAD LLC
BALAZ WILLIAM P JR
BARTLEY WILLIAM C
BENHAM KIM
BESSERT ROBERT
BITTLE DORTHY M
BLAKE EDWARD
BLM
BOHNE RICHARD T
CATT WILLIAM D
CHESSMORE RONALD B
DALEY TOM F
DANGLER S VALARIE
DAVENPORT JOHN W
DAVIDSON LOUISE ELEANOR
DESSERICH DANIEL
DORSCHER CLINT L
ERTL 1221 LLC
ESPINOZA-HERRERA JUAN
FISHER ZACHARY D
FITZGERALD DANIEL JOSEPH
HART MARY J
HENDRICKS DONALD S
HONG ONNIE
HORN EVELYN J
JACKSON H RONALD
JACKSON RANDAL S
JEYS PATRICIA K
JEYS THOMAS R JR
JONES JAMI D
KOPPENHAFER BRAD
KRAUS ALAN EARL
LOMA COMMUNITY CHURCH
LOPEZ LEO J
LOPEZ ORACIO B
LUCERO EUGENE
MCCARTHY STACY
MCDONALD DANIEL T
MCLEISH DENNIS A
MESA COUNTY
MILLER LAWRENCE KYLE
MONUMENT VIEW RANCH LTD
MOSCHETTI JOSEPH H
NIELSON ROXIE LEE
O'CONNOR SHAWN
OUELLETTE JOSEPH ROGER
MAILING
CITY
ST ZIP
782 23 7/10 RD
GRAND JUNCTION
CO 81505
1284 12 1/4 RD
LOMA
CO 81524-9618
1309 12 1/4 RD
LOMA
CO 81524-9646
1217 M RD
LOMA
CO 81524-9625
1255 12 1/2 RD
LOMA
CO 81524-9621
PO BOX 38
LOMA
CO 81524-0038
1279 12 1/2 RD
LOMA
CO 81524-9621
2815 H RD
GRAND JUNCTION
CO 81506
1311 L 7/10 RD
LOMA
CO 815248709
PO BOX 25
LOMA
CO 815240025
1303 13 RD UNIT 115 LOMA
CO 81524-9612
1320 L 7/10 RD
LOMA
CO 81524
PO BOX 4282
GRAND JUNCTION
CO 81502-4282
1275 M RD
LOMA
CO 81524-9629
PO BOX 10
LOMA
CO 81524-0010
1274 12 1/2 RD
LOMA
CO 81524-9620
1235 M RD
LOMA
CO 81524-9627
1130 FRANCIS ST UNITLONGMONT
7159
CO 80501
1276 13 2/10 RD
LOMA
CO 81524-8702
1249 M RD
LOMA
CO 81524
1319 L 7/10 RD
LOMA
CO 81524-8709
1284 M RD
LOMA
CO 81524-9628
1280 12 1/4 RD
LOMA
CO 81524
1281 13 2/10 RD
LOMA
CO 81524-8702
1261 12 1/4 RD
LOMA
CO 815249619
1226 12 1/2 RD
LOMA
CO 81524-9620
1315 L 7/10 RD
LOMA
CO 81524
38 KERI CIR
NORTH SALT LAKE
UT 84054-1531
3498 N 15TH ST
GRAND JUNCTION
CO 81506-5267
1312 L 1/2 RD
LOMA
CO 81524-8711
1278 13 2/10 RD
LOMA
CO 81524-8702
PO BOX 2085
GRAND JUNCTION
CO 81502
PO BOX 116
LOMA
CO 81524-0116
PO BOX 463
FRUITA
CO 81521-0463
1284 12 1/2 RD
LOMA
CO 81524-9620
1280 12 1/2 RD
LOMA
CO 81524
1264 1/2 12 1/2 RD LOMA
CO 81524
2068 S SAILORS CT GILBERT
AZ 85295
545 SANDSTONE ST FRUITA
CO 81521
PO BOX 20000
GRAND JUNCTION
CO 81502-5024
1282 M RD
LOMA
CO 81524-9628
1126 O RD
LOMA
CO 81524-9541
1253 12 1/2 RD
LOMA
CO 81524-9621
1287 CORONADO ST LOMA
CO 81524-9650
1279 13 2/10 RD
LOMA
CO 81524
1310 L 7/10 RD
LOMA
CO 81524-8709
Page 1 of 2
2013-0039 AV McCarthy ADU
Variance
2693-032-08-013
2693-042-06-001
2691-334-03-003
2693-041-00-236
2693-032-08-014
2693-044-00-136
2693-042-02-001
2693-031-00-019
2693-043-00-116
2693-032-08-010
2693-042-05-003
2693-042-00-178
2693-042-00-177
2691-334-01-004
2693-043-00-928
2693-032-08-017
2693-032-08-005
2693-042-02-002
2693-043-00-112
2693-042-06-002
2693-032-08-003
2693-044-00-118
2693-041-00-172
2691-334-01-005
Notification Table
PETERSON TROY A
1280 13 2/10 RD
LOMA
CO 81524-8702
PILIBOSIAN STEVE
PO BOX 504
GRAND JUNCTION
CO 81502
PLEASANT LYNN G
310 W GRAND AVE GRAND JUNCTION
CO 815015805
PUCKETT RANDALL G
1264 12 1/2 RD
LOMA
CO 81524-9620
REID PATRICIA J
330 OAK RD
GLENSIDE PA 19038-3917
ROHR RUSSELL R
1228 12 1/2 RD
LOMA
CO 81524-9620
ROUSH CHARLES S
PO BOX 129
LOMA
CO 81524-0129
SERVE EUGENE A
PO BOX 96
LOMA
CO 81524-0096
SHIELDS PHILLIP K
2032 E SILVER ST
TUCSON
AZ 85719-3422
SIMONSON A BRENT
1318 L 7/10 RD
LOMA
CO 81524-8709
SMITH TODD ALLAN AND SMITH STEPHANIE
1257 12 1/2
ELAINE
RD LIVING
LOMA
TRUST
CO 81524
SOMERVILLE WILLIAM
PO BOX 126
FRUITA
CO 81521-0126
SPIESS MORRIS K
1298 12 RD
LOMA
CO 81524
STAGE OTIS R
2810 COLLUM LN
GRAND JUNCTION
CO 81503
STATE OF COLORADO
222 S 6TH ST
GRAND JUNCTION
CO 81501-2758
STEWART LANCE R
1312 L 7/10 RD
LOMA
CO 81524-8709
SUTPHIN CLINTON A
1321 L 7/10 RD
LOMA
CO 81524-8709
SWEARSON DAVID
1251 12 1/4 RD
LOMA
CO 81524-9619
TILLER CHRIS
1247 12 1/2 RD
LOMA
CO 815249621
WELLS ELAINE
740 VILLA LA PAZ DR MESQUITE NV 890277613
WHITESIDE DAVID K
1317 L 7/10 RD
LOMA
CO 81524-8709
WILCOX RICHARD B
1223 13 RD
LOMA
CO 81524-9608
YEAGER LAWRENCE D
1270 12 1/2 RD
LOMA
CO 81524-9620
YOUNG DALE B
1289 CORONADO ST LOMA
CO 81524
Stacy McCarthy
PO BOX 141
LOMA
CO 81524
Page 2 of 2
REVIEW
AGENCY
COMMENTS
PRO2013-0039 - MCCARTHY VARIANCE
Review Agency Comments
Comments Due Date: 2013-04-17
User
Review
Agency
Date/Time Comment
TRUDY BROWN MC CODE
COMPLIANCE
3/27/2013 Mesa County Code Compliance Services has no open
3:04:50 PM file pertaining to 1266 12 1/2 Rd. Code Compliance
Services has not conducted a site visit to the
property. If the assigned Planner finds an apparent
Code violation when he/she visits the property, please
notify Code Compliance Services and we will
investigate.
KEVIN
WILLIAMS
IRR GV
DRAINAGE
3/28/2013 GVDD has no facility impacted by this request and
7:52:51 AM thus no comment.
FIRE
MARSHALL
FRUITA
FIRE LOWER
VALLEY
3/28/2013 Access to proposed 2nd residence is over 150 feet.
10:32:41 AM Provide turn around in accordance with Appendix "D"
of the fire code. FM, LVFD
PERRY RUPP
UT GV RURAL
POWER
4/4/2013 GVP Review Comments
5:10:32 PM
1. The project is in the Grand Valley Power service
area.
2. Single-phase power is available for this project,
along the north property line.
3. Please make application for service by calling 2420040, to start the design process. A cost estimate
will also be prepared.
Matt Sinclair
MC ENVIRON
HEALTH
4/11/2013 No issues with the proposed variance. A clearance
10:03:53 AM form will need to be obtained from the MCHD before
replacement of the home with a larger home, the
number of bedrooms have to remain the same.
MCHD - Env Health
PUBLIC
COMMENTS
APPLICANT
INFORMATION
PROJECT
REVIEW
MESA COUNTY DEPARTMENT OF PUBLIC WORKS
Administration - Building - Engineering – Road and Bridge
Traffic - Planning - Solid Waste Management
200 S. Spruce St • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022
Ph (970) 244-1636 Fax (970) 244-1769
PROJECT REVIEW
April 30, 2013
I.
2013-0052 AV
FEUERBORN ADU VARIANCE
Property Owner:
Location:
Parcel#:
Zoning:
Planner:
Request:
Patricia Leslie Feuerborn
1326 21 ½ Road, Grand Junction
2695-363-20-002
AFT Agricultural Forestry Transitional
Ron Quarles, Senior Planner
A request for a zoning variance to increase the allowable size of an
accessory dwelling unit on the subject property by 313 square feet
from 1,064 square feet to 1,377square feet.
Approval with conditions
Recommendation:
1
II.
SURROUNDING LAND USES AND ZONING:
The subject property and surrounding properties are located within the Agricultural Forestry
Transitional (AFT) zoning district and are used for residential and agricultural purposes.
The site is located just east of the Fruita Cooperative Planning Area, which is intended to serve
as a rural buffer between the City of Grand Junction and Fruita. The property, which is located
within the Grand Junction Comprehensive Plan area, is designated with a future land use of
“Rural” (5 acre average density).
III.
PROJECT DESCRIPTION:
The site
currently contains two
manufactured homes. A variance was
approved in 1998 for the previous land
owners by the Board of Adjustment to
allow a HUD code manufactured home
as a second dwelling on the site for the
purpose of housing an elderly parent.
In 2012 the property was sold with the
two homes to the current owner. Rather
than move the home off of the site, the
new owner is requesting approval to
keep the home as an accessory
dwelling.
SITE PLAN
The existing primary home is 2,128
square feet of heated space. The second
dwelling is approximately 1,377 square
feet.
Primary
Residence
The Mesa County Land Development
Code provides for accessory dwelling
units on residential property.
On
properties over 2 acres in size, an
accessory dwelling unit may be up to
900 square feet in size or 50% of the
primary residence size, whichever is
greater, not to exceed 1,500 square feet.
Because the existing residence on this
property is 2,128 square feet, the largest
size ADU that may be allowed under an
administrative review is 1,064 square
feet. The existing second dwelling
exceeds the square footage limitation
by 313 square feet.
2
ADU
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 of 313 square feet to increase the allowable ADU size for his property from
1,064 square feet to 1,377 square feet.
Existing Primary Residence
Requested ADU (Existing Second Residence)
3
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. Staff has not determined how this request would conflict with any of the
purposes established in this section of the Land Development Code.
This criterion has been met.
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 23.5 acres in size. Each home is served by separate Individual
Sewage Disposal Systems. Both systems have been approved and permitted by the Mesa
County Health Department-Environmental Health. The Department has identified no issues with
the approval of this application.
This criterion has been met.
3.
Except for maximum size, the proposed accessory dwelling will meet all
applicable requirements of the Land Development Code;
There are no issues with the current placement of the ADU with setback requirements, lot
coverage requirements, and other provisions of the Land Development Code. The only
provision this application cannot comply with is the maximum allowable ADU size.
This criterion has been met.
4
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 applicant is requesting the ADU as it was approved in 1998. Although there are
possibilities for future subdivision of the property under existing zoning as well as the
future land use proposed by the Comprehensive Plan, it does not appear 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 has been 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 applicant purchased the property under special circumstances, with two homes on the
property as a result of a previous approval for a residence to house an elderly parent. As
stated, rather than move either of the homes off of the property, the applicant desires to
maintain the current use of the property with a primary residence and an accessory
dwelling.
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;
While 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, there are practical
5
difficulties for the applicant. The applicant desires to continue to use the second dwelling
on the property, for which an existing ISDS was installed, as an accessory dwelling
without the expense of moving the home off of the property. Strict application would
either require that the primary residence be moved off and replaced by a larger home of
approximately 2,700 square feet in size or that the second home be moved off and
replaced by a home no greater than 1,064 square feet in size.
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 applicant is requesting the variance to continue to use the existing second home. No
additional square footage is requested with this variance. The applicant has demonstrated
that this application is the minimum necessary to relieve the hardship. Staff is
recommending that as a condition of approval, if the second home is moved off of the
property for any reason that any replacement home shall meet the ADU standards.
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
It does not appear that the request would adversely impact the surrounding area. The
location of the property is fairly remote and surrounded by similar large lot agricultural
properties. No changes are proposed since the original approval was granted 15 years
ago.
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).
Both structures are very similar in appearance, construction type, color and architectural
features. The primary difference between the two homes is the difference in size.
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.
6
Consideration of this variance is within the authority of the Mesa County Board of
Adjustment. It appears that the application complies or can be made to comply with all
applicable provisions of the Land Development Code.
This criterion has 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.
This criterion has been met.
C. The project application is consistent with applicable intergovernmental agreements
(IGA) between the county and other entities.
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:
As of the date of this review, no public comments have been received.
VII.
PROJECT RECOMMENDATION:
The Planning Division recommends approval of the proposed Feuerborn ADU Variance with
the condition that if the accessory dwelling is moved off of the property for any reason, the
replacement home shall meet the ADU size limitations as established by the Mesa County Land
Development Code.
The basis for this recommendation:
The petition complies with or has the ability to comply with the criteria in Section 3.12.6 and
Section 3.1.17 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
Has been met
Has been met
Has been met
7
Has been met
Has been met
4.
5.
Not to compel subdivision
Will be recorded with Clerk
B
1.
2.
3.
4.
5.
The following have been considered and support the request for a variance:
Unique to land or building
Special circumstances create hardship
Variance is minimum necessary
Impact to properties
Compatible with other structures
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 (05/16/2013):
8
Has been met
Has been met
Has been met
HEARING
NOTICE
Feuerborn ADU
2013-0052 AV
April, 26 2013
Zoning/Parcel Map
Legend
2,500 ft buffer
Parcels
Notification Buffer
Roads
Urban Growth Area
"
2695-363-20-002
0.5
0
0.5
1
1.5
2
Miles
2013-0052 AV FEUERBORN ADU
VARIANCE
Notification Table
PARCEL_NUM OWNER
MAILING
CITY
ST ZIP
2695-363-20-001 ALLEN CONSTANCE MARIE
2183 M RD
GRAND JUNCTION
CO 81505-9392
2697-012-00-783 BASINGER MARTIN K
1298 21 RD
GRAND JUNCTION
CO 81505-9383
2697-011-00-804 BENTON THOMAS R
PO BOX 4218
GRAND JUNCTION
CO 81502-4218
2695-103-00-914 BLM
2815 H RD
GRAND JUNCTION
CO 81506
2695-351-00-219 BYERS JAMES R
1351 21 RD
GRAND JUNCTION
CO 81505
2695-362-00-418 CAMPBELL MICHAEL BRADLEY
1388 21 RD
GRAND JUNCTION
CO 81505
2695-354-00-564 CARMICHAEL SHIRLEY J FAMILY REVOCABLE
2052 MTRUST
RD
GRAND JUNCTION
CO 81505-9389
2695-363-20-004 CLARK TRACEY D
1334 21 1/2 RD
GRAND JUNCTION
CO 81505
2695-363-00-550 COX ROBIN J
2114 M RD
GRAND JUNCTION
CO 81505-9391
2697-021-00-805 CREMEENS MARK W
2085 M RD
GRAND JUNCTION
CO 81505
2695-354-00-475 CRONK DANIEL E
2335 K RD
GRAND JUNCTION
CO 81505-9655
2697-012-08-002 DOWD REBECCA A
2149 M RD
GRAND JUNCTION
CO 81505
2695-363-20-002 FEUERBORN PATRICIA LESLIE
1326 21 1/2 RD
GRAND JUNCTION
CO 81505
2695-351-00-218 FRANKLIN C R
1363 21 RD
GRAND JUNCTION
CO 81505-9386
2695-363-00-339 GEROW STEPHEN WAYNE
1334 21 RD
GRAND JUNCTION
CO 81505-9385
2695-354-00-503 HOLLIDAY I PAUL
1337 21 RD
GRAND JUNCTION
CO 81505
2695-362-19-004 KINDALL RICK A
1352 21 RD
GRAND JUNCTION
CO 81505-9385
2695-363-20-003 LIEBELT DAVID K
1330 21 1/2 RD
GRAND JUNCTION
CO 81505
2695-364-00-715 LITTLE SALT RANCH COMPANY LLP PO BOX 68
MESA
CO 81643-0068
2695-363-00-549 LKH FAMILY TRUST
1302 21 RD
GRAND JUNCTION
CO 81505-9385
2695-364-00-569 MCCORMICK MATT ROBERT
2168 M RD
GRAND JUNCTION
CO 81505-9391
2695-354-00-421 MEYERS MARVIN LIVING TRUST
1339 21 RD
GRAND JUNCTION
CO 81505
2697-012-08-001 MOULDEN TOM
2135 M RD
GRAND JUNCTION
CO 81505-9392
2695-364-00-588 PRICE JAY A
2174 M RD
GRAND JUNCTION
CO 81505-9391
2697-021-00-806 RAKNESS KENNETH A
230 MEEKA CT
GRAND JUNCTION
CO 81503
2695-362-00-417 SELDERS LARRY D
1384 21 RD
GRAND JUNCTION
CO 81505
2695-362-19-002 SWANN FLOYD W
1314 SADDLE RIDGE RD LOMA
CO 81524-9651
2695-354-00-502 SWIFT MARTIN SCOTT
1327 21 RD
GRAND JUNCTION
CO 81505-9386
2695-354-00-563 SWINGER JULIE A
2050 M RD
GRAND JUNCTION
CO 81505-9389
2695-362-19-001 TANNER PAUL A JR
28 ENCLAVE DR
WINTER HAVENFL 33884-1326
2695-364-00-712 THOMPSON CHARLES E
2182 M RD
GRAND JUNCTION
CO 81505
2695-352-00-561 VAN WINKLE HOWARD
2043 N RD
FRUITA
CO 81521-9055
2695-363-00-577 VILLIERE TIMOTHY P
280 LARIET LN
GLENWOOD SPRINGS
CO 81601-9657
2695-351-00-733 VOLOSHIN JONI
PO BOX 900
CRAIG
CO 81626-0900
2695-363-00-340 WAUGHTEL CONNIE R
1344 21 RD
GRAND JUNCTION
CO 81505-9385
2695-362-00-416 WEDERATH HAL
1374 21 RD
GRAND JUNCTION
CO 81505-9385
2695-363-00-578 WHITE DOUG
4725 30TH AVE SE
MINOT
ND 58701
2697-021-00-064 WOOD THOMAS M
1518 18 RD
FRUITA
CO 81521-9210
SWINGER DAVID
PO BOX 717
FRUITA
CO
81521
Page 1 of 1
REVIEW
AGENCY
COMMENTS
PRO2013-0052 - FEUERBORN VARIANCE
Review Agency Comments
Comments Due Date: 2013-04-23
User
Review
Agency
Date/Time Comment
TRUDY BROWN MC CODE
COMPLIANCE
4/9/2013 Mesa County Code Compliance Services has no open file
3:32:58 PM pertaining to 1326 21 1/2 Rd (2695-363-20-002). Code
Compliance Services has not conducted a site visit to
the property. If the assigned Planner finds an apparent
Code violation when he or she visits the property,
please notify Code Compliance Services and we will
investigate.
FIRE MARSHALL FIRE LOWER
FRUITA
VALLEY
4/10/2013 No comments or objections. LVFM
1:19:23 PM
Matt Sinclair
MC ENVIRON
HEALTH
4/12/2013 Both individual sewage disposal systems serving the
3:13:36 PM two seperate dwellings have been approved and
permitted by the MCHD. No issues with the proposed
variance. MCHD - Env. Health
RICHARD
PROCTOR
IRR GV
WATER USERS
4/15/2013 No comments or objections. GVWUA
3:37:00 PM
PERRY RUPP
UT GV RURAL
POWER
4/15/2013 GVP Review Comments
4:02:54 PM
1. The project is in the Grand Valley Power service area.
2. Single-phase power is available for this project, on
site.
3. There is currently one meter serving the two homes
ANDY
RUBALCABA
MC ROAD &
BRIDGE A
JIM
DAUGHERTY
WATER UTE
4/17/2013 Andy rubalcaba
12:54:53 PM
4/17/2013 No objections
2:55:17 PM
Owner is aware of District policy and has agreed to
come in to compliance upon approval.
NO
PUBLIC
COMMENTS
APPLICANT
INFORMATION
RESOLUTION
RESOLUTION NO. ___________
Planning Division File No. 2013-0036 AV
APPROVAL OF A REQUEST BY TINA AND RODOLFO SISNEROS, TRUSTEES
OF THE SISNEROS FAMILY TRUST, TO INCREASE THE ALLOWABLE SIZE
OF AN ACCESSORY DWELLING UNIT FROM 900 SQUARE FEET TO 1,232
SQUARE FEET ON THE PROPERTY ADDRESSED AS 147 29 1/4 ROAD, GRAND
JUNCTION, COLORADO
WHEREAS, Tina and Rodolfo Sisneros sought approval of a variance to allowable
Accessory Dwelling Unit size requirements on the property addressed as 147 29 1/4 Road,
Grand Junction, Colorado and situated in the County of Mesa, State of Colorado and more
fully described in the legal description attached hereto as Exhibit A, and upon which the
proposed site plan is attached hereto as Exhibit B and incorporated herein by reference; and
WHEREAS, the public hearing before the Board of Adjustment was held on May 16,
2013;
NOW, THEREFORE, THE BOARD OF ADJUSTMENT OF THE COUNTY OF
MESA FINDS AS FOLLOWS:
That the hearing before the Board was held after proper notice;
That the application is in accordance with relevant Mesa County Land Use Policies and the
health, safety, and welfare of the residents of Mesa County;
That the application does meet the criteria contained in Section 3.12.6 and 3.1.17.A-C of
the 2000 Mesa County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE COUNTY OF MESA, STATE OF COLORADO, that the request by Tina and
Rodolfo Sisneros to increase the allowable size of an Accessory Dwelling Unit from 900
square feet to 1,232 square feet on the property addressed as 147 29 ¼ Road, Grand
Junction, Colorado is hereby APPROVED.
SIGNED this _________ day of _______________, 2013.
_____________________________
Marc Maurer, Chairman
Mesa County Board of Adjustment
1
Exhibit A
Legal Description
Sisneros ADU Variance
2
Exhibit B
Site Plan
Sisneros ADU Variance
3
RESOLUTION NO. ___________
Planning Division File No. 2013-0039 AV
APPROVAL OF A REQUEST BY STACY MCCARTHY, OWNER, TO INCREASE
THE ALLOWABLE SIZE OF AN ACCESSORY DWELLING UNIT FROM 900
SQUARE FEET TO 1,140 SQUARE FEET ON THE PROPERTY ADDRESSED AS
1266 12 ½ ROAD, LOMA, COLORADO
WHEREAS, Stacy McCarthy sought approval of a variance to allowable Accessory
Dwelling Unit size requirements on the property addressed as 1266 12 ½ Road, Loma,
Colorado and situated in the County of Mesa, State of Colorado and more fully described
as Parcel A of the Puckett Simple Land Division, and upon which the proposed site plan is
attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the public hearing before the Board of Adjustment was held on May 16,
2013;
NOW, THEREFORE, THE BOARD OF ADJUSTMENT OF THE COUNTY OF
MESA FINDS AS FOLLOWS:
That the hearing before the Board was held after proper notice;
That the application is in accordance with relevant Mesa County Land Use Policies and the
health, safety, and welfare of the residents of Mesa County;
That the application does meet the criteria contained in Section 3.12.6 and 3.1.17.A-C of
the 2000 Mesa County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE COUNTY OF MESA, STATE OF COLORADO, that the request by Stacy
McCarthy to increase the allowable size of an Accessory Dwelling Unit from 900 square
feet to 1,140 square feet on the property addressed as 1266 12 ½ Road, Loma, Colorado is
hereby APPROVED.
SIGNED this _________ day of _______________, 2013.
_____________________________
Marc Maurer, Chairman
Mesa County Board of Adjustment
1
Exhibit A
Site Plan
McCarthy ADU Variance
2
RESOLUTION NO. ___________
Planning Division File No. 2013-0052 AV
APPROVAL OF A REQUEST BY PATRICIA LESLIE FEUERBORN, OWNER,
TO INCREASE THE ALLOWABLE SIZE OF AN ACCESSORY DWELLING
UNIT FROM 1,064 SQUARE FEET TO 1,377 SQUARE FEET ON THE
PROPERTY ADDRESSED AS 1326 21 1/2 ROAD, GRAND JUNCTION,
COLORADO
WHEREAS, Patricia Leslie Feuerborn sought approval of a variance to allowable
Accessory Dwelling Unit size requirements on the property addressed as 1326 21 ½ Road,
Grand Junction, Colorado and situated in the County of Mesa, State of Colorado and more
fully described as Lot 2 of the Borealis View Subdivision, and upon which the proposed
site plan is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the public hearing before the Board of Adjustment was held on May 16,
2013;
NOW, THEREFORE, THE BOARD OF ADJUSTMENT OF THE COUNTY OF
MESA FINDS AS FOLLOWS:
That the hearing before the Board was held after proper notice;
That the application is in accordance with relevant Mesa County Land Use Policies and the
health, safety, and welfare of the residents of Mesa County;
That the application does meet the criteria contained in Section 3.12.6 and 3.1.17.A-C of
the 2000 Mesa County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE COUNTY OF MESA, STATE OF COLORADO, that the request by Patricia
Leslie Feuerborn to increase the allowable size of an Accessory Dwelling Unit from 1,064
square feet to 1,377 square feet on the property addressed as 1326 21 ½ Road, Grand
Junction, Colorado is hereby APPROVED with the condition that if the accessory dwelling
is moved off of the property for any reason, the replacement home shall meet the ADU size
limitations as established by the Mesa County Land Development Code.
SIGNED this _________ day of _______________, 2013.
_____________________________
Marc Maurer, Chairman
Mesa County Board of Adjustment
1
Exhibit A
Site Plan
Feuerborn ADU Variance
ADU
2