Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 01.15.2007Exhibits for Matthew and Deb Welles CUP Public Hearing held on February 20th, 2007 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Application materials E Staff Report F Response from Carbondale & Rural Fire Protection District 5 ?•Pdt. Ait REQUEST APPLICANT LOCATION • • D 3 EXHIBIT E BOCC 01/15/07 CR PROJECT INFORMATION AND STAFF COMMENTS Conditional Use Permit (CUP) for a Home Occupation in the ARRD Zone District Matthew and Deborah Welles Part of Lot 7 in Section 18, Township 7 South, Range 87 West of the 6th P.M. ACCESS County Road 100 WATER Basalt Water Conservancy District SEWER ISDS EXISTING ZONING ARRD I. REQUEST The Applicants are requesting approval from the Board of County Commissioners for a Conditional Use Permit to allow a Home Occupation. A Home Occupation is defined in the Section 2.02.29 of the Zoning Resolution of 1978, as amended as the following: Any use for gain or support carried on as an accessory use within a dwelling or a building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity. II. PROJECT DESCRIPTION The Applicants propose to use an existing barn as an "Arts Studio". The proposed studio will be utilized by the property owners to conduct a number of activities (arts and crafts, music studio, and photography workspace). The existing barn is a two story structure. The upper level houses a permitted 900 sq. ft. Accessory Dwelling Unit (Resolution #99-057). This existing residential unit will be used as part of the arts studio. The lower level was used for agricultural purposes. No commercial sales or activity will be conducted within the studio. All sales and display of art work will be conducted at appropriate venues offsite. 1 • • III. Sl'1h DESCRIPTION The subject property is 17.9 acres located northeast of the Town of Carbondale off of County Road 100. Current improvements on the property consist of a two story primary dwelling unit and a 3,178 sq. ft barn with an ADU. IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits. A. Town of Carbondale: No comments Received B. Carbondale & Rural Fire District: (Exhibit F) C. Carbondale Sanitation District: No comments received V. REVIEW STANDARDS & STAFF COMMENTS 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. Staff has provided the standards in bold italics below followed by a Staff Response. 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; Staff Finding The existing barn is located approximately 100 feet from the Applicant' s primary dwelling unit. Utilities are already in place to support the use of the existing Accessory Dwelling Unit located within the barn. These utilities will be utilized by the Applicants for the home occupation. No additional utilities are anticipated. It is the opinion of Staff, that the represented activities can be supported by the existing utilities. 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; Staff Finding Access to the property is provided by a private road easement connecting to County Road 100. Additional traffic related to the proposed use is not expected. The studio will not be open to the public and visits will be limited to occasional private guest. There will be no sales conducted on the property. Staff finds this use will not generate significant traffic requiring improvements to the county road system. 2 • • 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; Staff Finding The proposed home occupation will be conducted inside an existing barn located on the property. The building will be retro -fitted with studio quality sound insulation and noise barriers reducing the impacts on adjacent uses. The intent of permitting Home Occupations in the ARRD Zone District, primarily characterized by residential and agricultural uses is such that the proposed use does not detract from those uses and does not create the appearance or impact of a commercial use. The proposed Home Occupation does not appear create the impact of a commercial establishment. By utilizing an existing agricultural related building the use will not detract from the character of the neighborhood. VI. SUGGESTED FINDINGS 1. 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, the proposed Conditional Use Permit for a Home Occupation 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 Section Garfield County Zoning Resolution of 1978, as amended. VII. Staff Recommendation Staff finds that the proposed Home Occupation can be conducted in compliance with the Garfield County Zoning Resolution of 1978, as amended. Impacts from the proposed use as represented by the Applicant will not adversely impact adjacent uses. Staff recommends that the Board of County Commissioners APPROVE this request for a Home Occupation for the property owned by Matthew and Deb Welles at 7205 County Road 100 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 altered by the Board of County Commissioners. 3 • • 2. Appropriate building permits shall be obtained for the proposed changes to the existing barn. 3. No retail or wholesale sales of any kind associated with the activities of the Home Occupation shall be allowed to take place at the property which requires any visitor traffic. 4. All operations of the home occupation shall be conducted within the dwelling or accessory building. 5. re on t e su .pec 6. No employees are allowed for the home occupation. Only the property owner and any family members residing at the subject property may be involved in the home occupation. 7. The Applicant shall be prohibited from erecting any signage or lighting associated with the Home Occupation. 8. 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 by the Applicant 4 FIRE • EMS • RESCUE January 31, 2007 Craig Richardson Garfield County Building & Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Matthew & Deb Welles, Conditional Use permit Use Permit Dear Craig: f1E I have reviewed the conditional use application for Matthew & Deb Welles. Access for fire apparatus is adequate with a good turnaround provided. The site is across from our Station No. 5 located on County Road 100. Water for fire protection would be provided by fire department water shuttle. Please contact me if you have any questions or if I can be of any assistance. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569