HomeMy WebLinkAbout2.0 BOCC Staff Report 07.03.1995REQUEST:
APPLICANT:
LOCATION:
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BOCC 7/3/95
PROJECT INFORMATION & STAFF COMMENTS
Special Use Permit for a guest house
James M. Stokes
Located in a portion of Section 12, T7S,
R88W; located approximately four (4) miles
northeast of Carbondale, south of the
Cottonwood Hollow Subdivision.
SITE DATA: 18.14 acres
WATER: Well
SEWER: Individual Sewage Disposal System (ISDS)
ACCESS: Access Easement County Road 103
EXISTING AND ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located in District C - Rural Areas, Minor Environmental Constraints as
designed on the Garfield County Comprehensive Plan Management Districts Map.
11. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property is approximately 4 miles northeast of
Carbondale, adjacent to Cottonwood Hollow subdivision. The property is currently
develope 'ill a single family dwelling and a garage. A vicinity map is attached on
page • • , and an improvement survey is shown on page • •
B. Development Proposal: The applicant is requesting a Special Use Permit for a guest
house. The purpose of the guest house is to provide a temporary residence fQr family
and guests. A proposed site plan for the property is attached on page s •
No design was included in the submittal.
111. MAJOR ISSUES AND CONCERNS
1. Section 2.02.285 of the Zoning Resolution defines a guest house as an "Accessory,
detached building, which is designed and used to house nonpaying visitors and guests
of the occupants of the main building of the site."
2. Section 5.03.025 specifies that the "Use of a structure as a guest house must meet the
following conditions as well as all other standards applicable to residential use:
(1)
The gross floor area or the area used for residential occupancy shall
not exceed one thousand (1000) square feet;
(2) The minimum lot size shall be fifty percent (50%) larger than the
minimum required for a residential use in the same zone district; and
(3)
• •
The length of stay of a guest shall be limited to thirty (30) days, unless
said guests are the grandparents, parents, siblings or children of the
occupants of the primary structure".
3. The proposed guest house will be constructed in conjunction with a new garage to be
located adjacent to the existing dwelling unit (see site plan).
4. The property cun•ently has a well permit for "domestic and household, stock watering,
inigation, fish culture and recreation (Application No. W-680, approved September
22, 1972). The well under the court decree a`wsp to three dwelling units. A copy
of the court decree is attached on pages • 1 1 .
5. The applicant proposes to construct an ISD system to serve the guest house. SCS
soil maps and Lincoln-Devore Hazards Mapping indicate that the site should be able
to accommodate the system.
IV. SUGGESTED FINDINGS
1. That proper publication and public notice was provided as required by law 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 the hearing.
3. That the applicant is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
APPROVAL, subject to the following conditions:
1. All representations of the applicant shall be considered conditions of approval unless
otherwise stated by the applicant.
2. The applicant shall have 360 days from the date of the Resolution of Conditional
Approval to meet all conditions set forth in the Resolution. The Special Use Permit
shall be issued when all conditions are met and shall expire 360 days after issuance,
unless construction or use have commenced.
3. The length of stay of a guest shall be limited to thirty (30) days unless said guests are
the grandparents, parents, siblings or children of the occupants of the primary
stnicture.
4. The guest house shall not exceed 1000 square feet of habitable space, and the
applicant shall obtain a building permit for the structure.
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FILED
IN OFFICE OF 111tIER REFEREE
1)i% kiwi Ivo. S
SEP 2 21072
E o: (:(lpIZADO
11'A'1'C11 iii.F►iREE
IN TILE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W-680
IN THE MATTER OF TIIE APPLICATION )
FOR WATER RIGHTS OF NORMAN E.
SHERWOOD AND MARY N. SIIERWOOD IN )
THE ROARING FORK RIVER OR ITS
TRIBUTARIES
TRIBUTARY INVOLVED: CATTLE CREEK )
IN GARFIELD COUNTY
RULING OF
REFEREE
FILED
IN WATER COU'f
Division No. 5
SEP2 21072
TE OFC ORADO
WATER CLERK
Err CEw
The above entitled matter having been referred to the under-
signed as Water Referee for Water Division No. 5, State of Colorado, by
the Water Judge of said Court on tho 30th day of May, 1972, in accordance
with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended
(Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and
Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the application
are true and having become fully advised with respect to the subject matter
of the application does hereby make the following determination and ruling
as the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Sherwood Well No. 2.
3. The name of claimant and address is: Norman E. Sherwood and
Mary N. Sherwood, Rt. 1, Dox 39A, Carbondale, Colorado.
4. The source of the water is a well having a depth of 155 feet.
5. The well is located in the SE 1/4 SW 1/4 Section 12, T. 7S.,
R. 88W. of the 6th P.M. at a point which lies North 499 feet
and West 413 feet from the South Quarter Corner of said
Section 12.
6. The use of the water is domestic and household, stock watering,
irrigation, fish culture and recreation.
7. The date of initiation of appropriation is May 10, 1964.
8. The amount of water claimed is 0.11 cubic foot per second of time.
9. The well is not registered in the Office of the State Engineer.
10. The water was first applied to the above uses on May 10, 1964.
11. The water is used to irrigate approximately 20 acres of the
applicants land.
The Referee does therefore conclude that the above entitled
application should be granted and that 0.11 cubic foot of water per second
of time hereby is awarded to the Sherwood Well No. 2 for domestic and house-
hold, stock watering, irrigation, fish culture and recreation uses, with
appropriation date of the 10th day of May, 1964, absolutely and uncondition-
ally; subject, however, to all earlier priority rights of others and to the
integration and tabulation by the Division Engineer of such priorities and
changes of rights in accordance with law as may be determined in pending
supplemental general adjudication proceedings.
• It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject to
judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971).
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this *Z2
day of_1EP 2.2 �y , 1972.
Ue prntoat VAG filed in this mnl.tpr
Tho foregoing ruling is e' firmed
and approved, and is made the
Judgmont and Deoroe of thip court.
Dated: 2s` . ?-Y /97r
41/
W't�r dao
.1004....
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BY THE REFEREE:
CIL
Flat - e eree
Wat r Division No. 5
State of Colorado
`: SEO-tctl'F ft1V
c.A tAr r r,r t t 1 ��11 1 V11 r Root; Feb
OORL 5 (^ ) _.
Standard 'ppl icat ton form (no photnc:opie's).
o 560 filing fee,
o
Must be signed by appi (clot or if signed by agent must be accompanied b
letter o( authorization signedby app11Cant, Y
11:3S PIo . (t(i:.
o Landownership affidavits are no. r ngttired.
o If the tract of land Is equal to or greater than 35 acre: we •will need a
complete legal description or (plat map.
o
If the parcel Is less than 35 ACrn; ' and not in a
subdivision
ll
need a complete legal description and evidence thatthepar•cel - w as wi in
existence as a separate parcel prior lo June 11972
t the
division of this parcel after June I, 1972 rias exempted byr theha_.
Corrrn1ss Toners from theCounty
subdivision rerluirernentS.
U if the lot Is lass than 3s acres r111 C1 In it
evidence prat the subdivi ion we mqx require
subdivision was platted prior to June �, 1972 or
evidence that that wAtar' supply plan was recon -mended for
;tate Engineer if that information 1', not Already of recor•dfppr'ovul by the
o We cannot make additions or changes to an ,pplfeat.ion without
authorization from the applicant.
cp
Exempt. ConKi r•c lal rpppl fcat ions may be required to be accompanied by,
additional information as specified by policy. '
NEW EXEMPT WEl.l. TYPES
USE EXAMPLES CSection 37-92-G02(1)1 -.
"►ior.tsehold li e Only" •• ord1nar` <'
dwelling
ordinary'household ehnld purposesit
1I Ing wi^tlt no outside uses, 15
conrfnrcinl. liv(r,Cock) ' GPM limit. ('1'rm;;c�rrrtY
a "Domestic" - ordinary household purposes
dwel1ings, fire protection, waterloglof 10 up to
and irrigation of not over 1 acre r, poo l,i.r•y and
and
the MAXIMUM 1 Ifni is as defined, Many r wells aregarrj lrimiteed
portion of the above 15 GPM limit.
r a singlet family
allowance for non -
3 single family
domest.ic animals,
lawns. These are
to only use for a
O "(I\'r'Str)C�� - watering of livestock Inc"ivestt commercial feed ives tock no a farts or ranch. 15 GPM does • not
-rd lots, poultry operations, dairies, or animal
boarding operations ,hh lch are considered nonexempt.
• "Domestic and L_ Ivo.i lock" - t; combination of above, ,
-• 15 GPM limit.
o "Exempt Commercial" - used for drinking and sanitry facilities In an
individual commercial business. 15 GPM limit.
a ''Fire _f ictht Ing" - must be capped and locked and ava 1 l;bl e only in
fighting fires. aro GPi•1 limit.
NOTE 1:
NOTE 2:
WELLS (JSE1) FOR THE ABOUT; USES BUT APPROVED IN ACCORDANCE WITH PLAITS
FOR AUGMENTATION ARE NOT CONSIDERED TO UE. EXEMPT.
WELLS USED FOR ROTH DOMESTiC AND DRINKING AND SANITARY OR FOR (10Th
1.iVESTOCr; AND ORINKIN6 ANO Srtrt1TANY ARE 110T EYEllPr.
gamb
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