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D. AMENDMENTS TO THE AGENDA E. ANNOUNCEMENTS AND/OR PRESENTATIONS F. CONTINUED ITEMS: NONE END OF CONTINUED ITEMS G. WITHDRAWN ITEMS: NONE END OF WITHDRAWN ITEMS H. HEARING ITEMS: PRESENTATION RULES: a) Where practical, presentations by staff and petitioners will be limited to 20 minutes or Board of Adjustment May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