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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.15.2003BOCC 12/15/03 MLB PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Conditional Use Permit to allow for a Boarding and Rooming House (Bed & Breakfast). APPLICANT: Stanley and Carole Rachesky LOCATION: The property is located at 1686 Mitchell Creek Road, Glenwood Springs; approximately 1/8 mile north of County Road 132. SITE DATA: Approximately 2 acres ACCESS: County Road 132 WATER: Well SEWER: ISDS EXISTING ZONING: A/R/RD I. DESCRIPTION OF THE PROPOSAL A. Project Description: The applicants are presently building a three (3) bedroom house, in which they propose to operate a bed & breakfast. Two of the bedrooms will be used by a maximum of six (6)guests anytime of the week. The house will be supplied by a spring for domestic water and the sewage will be treated by an individual sewage disposal system. Access to the property is via a shared easement off of CR 132. B. Site Description: The property consists of approximately 2 acres in size and is located approximately 1/8 mile north of County Road 132 above the fish hatchery. The property is accessed off of Mitchell Creek Road via a private road and then a shared driveway over a bridge that also serves the property to the north. The residence on the property was burned down during the Coal Seam Fire last summer. The Applicant has cleared many of the dead / burned trees and stabilized the hillside above the flat area on the property. There are some cottonwoods along Mitchell Creek that survived the fire. A new residence to replace the previous house is being built presently on the property. C. History: The applicant's house was used as a bed and breakfast until it was burned down during the Coal Seam fire. The original house had a single bedroom in the main house and an attached bedroom above the garage. One room was rented to guests. The new house being 1 built on the property is a three bedroom, single level structure, that needed a variance to the front yard setbacks to allow it to be built on the site, without having to cut into the hillside. The Board of Adjustment approved the variance for the house. II. REVIEW STANDARDS A Boarding and Rooming House is defined as follows: 2.02.06 Boarding or Rooming House: A residential building, or portion thereof, other than a hotel, motel or lodge, which is used both as a residential building and to provide lodging (with or without meals) for four or more persons for compensation; such compensation may include money, services or other things of value. The applicants are proposing to use a maximum of two bedrooms of a three bedroom house to lodge up to a maximum of six (6) people in the rooms. Conditional Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use shall be consistent with Garfield County's definition of a home occupation listed in Section 2.02.29 of the Garfield County Zoning Resolution. Staffhasprovided the standards in bold italics below followed by a Staff Response. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) The applicants share the rights to the Hubbard Spring Pipeline No. 154 with three other parties. The spring is entitled to 0.1 cfs, relating back to and dating October 3, 1942. Converting 0.1 cfs to gallons per minute results in a total 44.89 gpm available to all of the users. It appears that the applicants have a claim to 25% of that water or 11.225 gpm. The normally recommended standard of 100 gallons/day/person and 3.2 person/dwelling for a single family dwelling, is more than met by the spring water allowed to be used by the decree. As a part of the recently issued building permit, a new ISDS permit was issued. The applicants submitted an engineered ISDS design for sewage treatment of the three bedroom unit. Staff Finding: The application meets the requirement for adequate domestic water and sanitation service being available to the property. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; 2 Access to the property is via a private access easement off of CR 132 and a common access easement across the adjoining property to the north. In 1974, a previous property owner obtained the use of common easement for pedestrian and vehicular access to the property proposed for the boarding and rooming house. The present adjacent property owner has expressed concerns about the structural integrity of the bridge crossing Mitchell Creek due to the construction activity. (See letter) Staff has gone to the property and determined that the bridge may have been damaged as a result of construction activity on the applicant's property Staff Finding: The applicant has not proposed a method of resolving the conflicting use of the common bridge on the adjacent property. The applicant needs to propose a reconstruction design of the common access bridge and have it actually constructed prior to final approval of the Conditional Use Permit. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; The applicant has made the statement that there will be no impact to adjoining property due to the impact of the proposed boarding and rooming house. The neighbor is concerned about the use of their property by guests staying at the proposed boarding and rooming house. The applicant has a two car garage on the property for their personal use and a possible two additional spaces on the driveway. There is no additional room on the property for off street parking, without encroaching on the adjoining property. The recently approved variance does not leave any room on the applicant's property for activities exceeding the two car capacity. The private road accessing the property from the Mitchell Creek road is to narrow to allow for any additional parking. Additionally, the applicant's contractor is using the adjacent property as a storage and staging area for the construction of the new dwelling, without the permission of the adjacent property owners. The adjoining property owners have indicated that the previous bed & breakfast operation had used their property at times without their permission and that the new proposal may increase the amount of unpermitted use of their property. No suggestions have been made to accommodate the neighbor's concerns. Staff would note that the applicant has made the statement that there will be ample parking available. The application states that there will be 0-2 cars as a result of their guests. The Garfield County Zoning Resolution in Section 5.01.02 requires a residential structure to have one off-street parking space per dwelling unit or one space per each 600 sq. ft. of floor area, whichever is greater. The building permit application for the new house shows 2571 sq. ft of floor area, which converts to a need for just over four (4) off-street parking spaces. As noted earlier, the applicants have room for a maximum of two spaces in the garage and two spaces on the driveway adjacent to the garage. 3 Staff Finding: The applicant has stated that a maximum number of two (2) additional vehicles will access the property, other than their personal vehicle. Staff can only support a maximum of two additional vehicles allowed for guest parking. Additionally, the applicant needs to clearly delineate the property boundaries and make it clear to guests that the adjoining property may only be used for pedestrian and vehicular access. III. SUGGESTED FINDINGS I. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons and subject to conditions of approval, the proposed conditional use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. IV. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Conditional Use permit to allow for boarding and rooming house on a property located at 1686 CR 132, Garfield County with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. This permit granted is for this specific use only as presently described. In the event any representations made in the application for which this permit is granted change and are no longer consistent with the representations in this application, the applicant shall be required to submit a new permit application to the county addressing the changes. 3. Prior to final approval of the Conditional Use permit, the Applicant shall install a wall or some other structure to clearly delineate their property boundaries and develop a document to be given to guests, stating that the adjoining property can only be used for pedestrian and vehicular access to the private road serving the property and any other use could be considered trespass. 4. The maximum numbrijf guests allowed for the boarding and rooming house shall be six (6), provided that vehicles will be used by the guests staying on the property. tdd/ [ , 92-1 50e/ ,QJvpu4 _ j 4 V. PLEASE NOTE Once the Board makes a decision regarding the Conditional Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval of the resolutions, the Chair will authorized to sign the Conditional Use Permit to the applicant, once all of the conditions of approval have been met. If the Board's approval includes specific conditions of approval to be met, this office will not request Board authorization of the Chair to sign the Official Conditional Use Permit certificate until the applicant has satisfied all conditions of approval. The Conditional Use Permit approval is not finalized until the Official Conditional Use Permit certificate has been signed by the Chairman of the Board of County Commissioners. /Sid -/`2k // ii��� t:PIA/ 5 ec qy CCS} f3a;1it 4. ,Pl k�t 1,0 JJ /' s G 00 f 1/te Fr, D rc p N:Ii_LAANsst- lok- at. Z3'-,r-V�v., S A'r (F Act- e ..e 4 2 t( -tt.- rr'lu e_ioS f . 42- Aes tap e%. is . ,ZP-115' e5c1E ej_ : g g.a - iSer 4454 6"-t5 eiV - 6 as /••:p - Atv re -‘4-3--f SFr uF D (- C/ 7ani 51/42k N. f kss g �s-sf sQ/ �iw lac f2 a jip f OFD 6 l Cir 94,.._.et.c..4 �Ad /444-4 SCA. gjj Pei .0(r iC 7 Z. _ r-: v 1 . !' (Y 101' i f'4 -CP ow D 4 g?,elac A Y /3 d i p r t i.- t'fy p -� i f - r[cl'-4 . G aw(atz4 0--0 SG ?t p cCorrD . i .1 I �l 1 1 I1 1 / 1 !. 1 i \. 1 l� f 1\ I 1 1 • t. — 1 1 1 1 1 1 1 • ) / 3 m r11 11 \ , - ----> 1 \-- --tom ,901 3_...7 d•--Ill'. 1 \\..M„ 6..1, 91. rf IV 1 "00-69, Page 1 of 1 Mark Bean From: RRN16@aol.com Sent: Tuesday, December 09, 2003 12:26 AM To: Mark Bean Subject: Rachesky Hearing 12/15/03 Dear Mr. Bean: We received a public notice stating that our neighbors at 1686 Mitchell Creek Road in Glenwood Springs have applied for a conditional permit to run a bed and breakfast establishment from their home. Since we are unable to attend the public hearing, we wish to register our concerns about this permit. Our concerns are based on everyone's safety, including their paying guests, and our family's liability in the event of an accident. Before the new construction was started on the Rachesky's property we suggested, in writing, that they build their own new bridge and entrance to their property. Due to the fact that the Racheskys chose to continue using our old car bridge and property access to their property, instead of creating a new entrance of their own, we feel it necessary to express our concerns. As stated in the letter dated September 26, 2003, to the Planning Board, we are concerned about the further wear and tear and damage to our old car bridge that will be generated by the increased number of paying guests who will use our bridge to access the Rachesky's property. New damage has already occurred due to the Rachesky's construction traffic crossing our car bridge. At this time we have no plans to rebuild or sell the bridge. We are concerned about the safety of everyone, including their guests, who use this bridge, that is in ill -repair, and our family's liability in the event anyone is injured while using this bridge. Please see that the Racheskys address these safety concerns before you grant them a permit and they put their guests at risk. Thank you so much for taking the time to consider our concerns. If you have any further questions please feel free to call or e-mail. Sincerely, Rilla R. Nelson (Representative for the Rader Family) 949-589-9074 12/9/03 "EXIIIBIT A" PARCEL 1 5 x 744 N1E462 A f SouthCeRangei89dWeituofed ther�6theP.M. Section 27, Township describe 5 as follows: d I3eginning,at a point N. 73°50'00" E. 1646.4 feet from the Section corner common to Sections 27, 28, 33 and 34; thence N. 29°27'00" W. .334.0 feet; thence S. 57°29'00" W. 150.0 feet; thence S. 292700" E. 334.0 feet; thence N. 57°29'00" E. 150.0 feet to the point of beginning. PARCEL 2 A parcel of land situate in the SESr of the SIfl of Section 27, Township 5 South, Range 89 West of the 6th P.M. being more Particularly described as follows: Beginning at a point whence the southwest corner of said Section bears S. 73°50'00" W. 1646.40 feet; thence N. 22°45'34" E. 192.6 feet; thence N. 30°20'00" W. 255.00 feet; thence S. 45"52'00" W. 153.00 feet; thence S. 29°47'00•• E. 334.00 feet -to the point of beginning. EXCEPTING from parcel 2 above that portion conveyed to Ruth H. Rader by Norman L. Hamar in Deed recorded November 1, 1974 in Book 466 at Page 14 as Reception No. 265237. (copy attached) PARCEL 3 All that portion of the SE%SW34 of Section 27, Township 5 South, Range 89 West of the 6th P.M. described as 'follows: Beginning at a point whence an iron post with a brass cap found in place and Properly marked for the Section Corners common to Sections 27, 28, 33 and 34 of said Township and Range bears: S. 62"37'13" W. 1747.25 feet; thence S. 43"23'30 E. 177.34 feet; thence S. 23°27'42" W. 49.66 feet; thence N. 30°20'00" W. 202.08 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO '4 : t �FS'ybr:.s: Together with any and all water and water rights appurtenant Tan , or use in connection therewith; Including, tion, the share of bu enact to1 said tion,Erle E. Hubbard and Rubyg• but withoutand oth at certain 0.1 c.f.s, M. SprHubing an In and to that adjudicated °t water front the Hubbard 3 g pi� eita,ri as StructureHo. Civil Action 4004, Garfield prin t r p No, 154, Prlorit County District Court, an shown in Certificate of Y•No, 237 ot•Prior Mater District 39, Reception at Page 331 of tieRreal ter propertyerocord July rfld 1954, uo tion 188436; and Y records of Garfield County, "Together with that certain perpetual easement for egress as contained in the Deed to Norman L. ingressoandd March 7, 1973•in Book 441 at Pages Hammer recor72d and the easement for pedestriangand9vehicularRecePt ss Ne set forth in the Deed 257291 Book to:Ruth H. Rader recordedNovember er 466 at Page 14 as Reception No. 265237." mbar 1 F 1974 2 RECEIVED OCT 3 0 2003 GARFiaLU COUNTY BUILDING S PLANNING Worrell's Creek and Syringe, from whence it derives Its supply of eater, whence the Northwest oorner of the AW.jS'Wa of Section 2, Tp. 4 2., R. 92 W. of the 6th P.N. bears Horth 630 10' West 1521.0 feet. IT IS ORDERED, ADJUDGED AND DECREED that there be allowed to flow into said pipe line from Worrell's Creek and Springs, for the use aforesaid and for the benefit of the party entitle thereto, under end by vlrtue`of original appropriation, Priori No. 238 for 0.2 of a cubic foot of water per second of time with priority date relating back to and dating from October 2, 1942, and that said priority 1a 'hereby made absolute and un- conditional. IT IS FURTHER ORDERED, ADJUDGED) AND DECn3ED by the Court that the total amount of enter to which said floe Pipe Line No, 2 Is at present entitled is 0.2 of s cubic foot of water per second of tine. HUBTARD SPRING PIPELINE, N0. 154. That the Hubbard Spring Pipeline is numbered 154. That thio is an original appropriation and said pipeline under this decree Is entitled to Priority No. 237 for .1 cubic foot of water per aeoond of time relating back to and dating from • October 3, 1942, under and by virtue of sold original appro- priation. The claimants of said pipeline and their addresses are as follows: NAME ADDRESS Said pipeline is used for domestic purpose° and for in- oldentsl irrigational purposes,_ sprinkling of lawns, watering of trees, shrubs, flowers and gardens in connection with the maintenance of family dwellings, and takes its supply of water from Rubbard Spring, which is tributary to Mitchell. Creek it being in turn tributary to the Colorado River. The Intake of said pipeline is located at Hubbard Springs in Garfield County, Colorado, from which spring said pipeline draws rte supply of water at a point whence the Southwest corner of Section 27, Township L South, Range F6® test of the 6th Prinoipal icerldian bears South 60007' 'lest 2603.5 feet; from whenoe the said pipe- line extends in a southwesterly direotion at a grade of about 21 feet per 100 feet for a distance of about 961.3 feet, the first 612.4 feet being le inch galvanized pipe, the next 172.9 feet being 1 inch galvanised pipe and the remaining 176 feet being 3/4 inch galvanized pipe; in addition, a branch of said pipeline'extends in a northeasterly direction from the point of diversion, the same being 3/4 inch gelventzed pipe. Ii IS ORDERED, ADJUDGED AND DiCREED that there be allowed to flow into Bald pipeline from said flubberd Spring for the use aforesaid. and for the benefit of the parties entitled tber+zto under and by virtue of original appropriation, Priority No.,e37 for .1 cubic foot of water per second of time with priority date relating back to and dating from the 3rd day of October, 1942, and that said priority is hereby made absolute and unconditional. IT I6 FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the total amount of water to which °aid pipeline is at present entitled is .1 of e. cubic foot of water per second of time.