Dillon, CO
Home Town MenuPZ03-12 Accessory Dwelling Unit 160 Tenderfoot Dietl
The Town received a Level III Development Permit Application for an Accessory Dwelling Unit and Conditional Use Permit for 16 Tenderfoot Street. The Accessory Dwelling Unit is located in the lower level of the single-family residence. An Accessory Dwelling Unit (ADU) application requires a Public Hearing and approval by the Planning and Zoning Commission.
Vicinity Map for 160 Tenderfoot Street, Dillon
Public Notice:
The Town posted a sign of the Public Hearing on the site on Wednesday, March 31, 2021. A newspaper legal notice ran in the Summit Daily (Journal) on Friday, March 26th, 2021, and a mailing noticing the public hearing time and date was sent out on Friday, March 26th, 2021 to property owners within 300 feet of the site. The notices were made within the required 7-day minimum and 14-day maximum notice period required by the Dillon Municipal Code (the “Code”).
Applicant: Greg Dietl
Existing Condition: The Applicant submitted plans for a residential remodel to convert a portion of the basement level of the home for an ADU. Included in the remodel is the installation of an exterior stair to access the ADU and an egress window.
Dwelling Unit Configuration and Area Evaluation
CODE ANALYSIS:
Zoning District: The Application is located in the Residential Low Zone. An Accessory dwelling Unit is permitted in the zone district; however, the Dillon Municipal Code (Code), requires a Level III Development Permit review process and Public Hearing for an Accessory Dwelling Unit. The Code provides criteria for review and approval of an Accessory Dwelling Unit, and the Town also applies Conditional Use Permit review criteria to Accessory Dwelling Units to fully consider potential impacts of the additional use on a property.
Accessory Dwelling Unit review criteria:
A secondary residential Unit or Accessory Dwelling Unit may be permitted in the RE, RL, RM and RH zones in a single-family residence, subject to the following provisions:
- The Planning and Zoning Commission shall review and approve, under the Level III process, a site plan showing the location of the Unit.
The applicant has applied for a Level III Development Permit for the proposed project. The application includes a site plan indicating the proposed location of the 1-bedroom, 1-bathroom Accessory Dwelling Unit in the basement level of the residence.
- The property owner shall pay all required water and sewer tap fees.
The property acknowledges that the water and sewer tap fees must be paid prior to the issuance of the building permit for the project.
- The Unit shall meet all building code requirements.
Once approved by the Town, the plans will be submitted to the Summit County Building Inspection Department for their review, approval, Building Permit issuance, and inspections.
- Two (2) parking spaces shall be provided per Unit, and such parking area shall be landscaped to buffer parking from neighboring properties.
Two parking spaces for the Accessory Dwelling Unit are provided as part of the application as shown on the site plan. The parcel is currently landscaped, and the proposed additional parking spaces are buffered from adjoining properties.
- The habitable portion of the Accessory Dwelling Unit is not greater than nine hundred (900) square feet in size, nor is it more than one-third (⅓) the size of the heated living area of the primary residential unit.
The habitable portion of the Accessory Dwelling Unit is approximately 738 square feet of the overall heated portion of the residence which is approximately 2,288 square feet. This sub-section is satisfied with the application.
- A restrictive covenant is filed stating the unit will not be subdivided into a separate ownership unit from the primary unit.
The property owner shall execute the restrictive covenant to not subdivide into separate ownership and must record said restrictive covenant as a condition of approval of this Resolution.
- The unit is deed restricted against utilization as a short-term rental, which means it may not be rented for periods of time of less than six (6) months.
The property owner shall execute the deed restriction preventing the short-term rental of the property and must record said deed restriction as a condition of approval of this Resolution.
- The unit design is compatible with the neighborhood and the principal structure.
The unit design is compatible with the neighborhood and principal structure.
- The unit may be a separate building from the primary structure, when placed above a freestanding garage, or on lots greater than one (1) acre.
The Accessory Dwelling Unit is in the basement level of the residence; therefore, this sub-section criterion is met.
Conditional Use Permit review criteria:
- The use is listed as an allowed conditional use within the zone, or is otherwise identified as a conditional use and is consistent with the intent and purpose of the Comprehensive Plan and applicable zoning district.
The site is zoned Residential Low (RL), an Accessory Dwelling Unit is allowed in the Residential Low (RL) zoning district so long as certain provisions of the Dillon Municipal Code are met. The Accessory Dwelling Unit is consistent with the existing residential uses in this developed neighborhood, and Accessory Dwelling Units exist in nearby properties.
- The parcel is suitable for the proposed conditional use, considering such factors as size, shape, location, topography, soils, slope stability, drainage and natural features.
The proposed Accessory Dwelling Unit is on the basement level of the existing residence, and no extensive changes to the site are planned as a part of this application except for the addition of an egress window and an access stairwell.l The size, shape, location, topography, soils, slope stability, drainage, and natural features are not anticipated to be affected by the proposed Accessory Dwelling Unit.
- The proposed conditional use will not have significant adverse impacts on the air or water quality of the community.
The existing site is developed with appropriate drainage and vegetation. No potential air quality concerns with the proposed Accessory Dwelling Unit use on this property are identified.
- The proposed conditional use will not substantially limit, impair or preclude the use of surrounding properties for the uses permitted in the applicable zoning district.
The existing developed site is adjacent to existing residences. The proposed Accessory Dwelling Unit in the basement level of the residence will not substantially limit or impair the existing uses on the surrounding properties.
- Adequate public utilities and services are available or will be made available to the site prior to the establishment of the conditional use.
The existing site is already served by gas, electric, water, and sanitary sewer facilities. The residence has already been assessed additional water and sewer tap fees.
ACTION REQUESTED: Motion, Second, Roll Call Vote.
Resolutions require the affirmative vote of a majority of the members present.
STAFF MEMBER RESPONSIBLE: Scott O’Brien, Public Works Director