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Home My WebLink About3.0 BOCC Staff Report 05.04.1999• .1n1� rif\ BOCC 5/4//99 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow for a guest house in the A/R/RD district. APPLICANT: Dan Wiegner LOCATION: 306 County Road 301, south of Parachute SITE DATA: Approximately 1/2 acre site surrounded by the Town of Parachute on the north side and Battlement Mesa P.U.D. on the remaining sides ACCESS: Driveway from County Road 301 WATER/SEWER: Services provided by the Town of Parachute EXISTING ZONING: A/R/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The 1984 Garfield County Comprehensive Plan places this site in District A: Urban Areas of Influence. The comp plan states: 'The Parachute Urban Area of Influence to the south of the River is almost totally subdivided. The Battlement Mesa Planned Unit Development covers nearly the entire Urban Area of Influence on that side of the Colorado River ". No comments were received from the Town of Parachute. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: A modular home and detached shop currently occupy the site. Both buildings are serviced by the Parachute water system. The applicant submitted a building permit application and was directed to pursue a Special Use Permit in order to convert the shop to a guest house for his elderly father (see letter page (p ). B. Site Layout: The shop/guest house lies at the northeast end of the site, in front of the home. A driveway runs from the road to both buildings with a parking area at in front of both buildings (see page /1 ). 1 • • III. MAJOR ISSUES AND CONCERNS A. Zoning: The minimum lot size in the A/R/RD district is two (2) acres. This is a nonconforming lot. Section 7.00 of the Zoning Resolution discusses non- conforming use regulations. Section 7.04 states that "nonconforming use shall not be replaced by a use considered to exhibit a greater degree of nonconformity than the existing use". Allowing expansion to an existing building on a lot that is 1/4 the specified size would not meet this provision. Furthermore, while repair and maintenance is permitted (Section 7.02), enlargement of the existing shop on a nonconforming lot would increase the degree of nonconformity (Sections 7:06 & 7.01). The maximum allowed lot coverage is 15% (section 3.01.05). The current lot coverage is about 16%. This application does not meet the standards set forth in the Zoning Resolution of 1978, as amended. A guest house is considered a special use in this zone district (Sections 3.02.03 and 2.02.285 Zoning Res.). Use of a structure as a guest house must meet the conditions set forth in Section 5.03.025 of the Zoning Resolution. This application meets (1) and (3) of this section. Item (2) states that the minimum lot shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone district. The minimum lot size in this zone district is two acres. Thus, in order to accommodate a guest house in this zone district the site would need to be 3 acres or, 6 times larger than it currently is. B. Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. Utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means are specified in this section. Provisions have been made to comply with these regulations. IV. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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. 2 • • 3. That for the above stated and other reasons, the proposed special 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 and the 1984 Garfield County Comprehensive Plan. V. RECOMMENDATION Staff recommends DENIAL, for the following reasons: 1. The Garfield County Zoning Resolution of 1978 has not been complied with. The specific sections that the application is not in conformance with are: 7:01, 7:04, 7:06, 3.01.05, 5:03:025(2). 3 ck3 • `l APPLICATION • Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date: 3i5$ ) Base Fee: $400 Applicant: 9 WI bis µ t Address of Applicant: -Oro Cpc a i -v 3C' } P cJt r e a 2135-Telephone:1T?0J466- —'i41 g Special Use Being Requested: 6- E5 r Zone District: Size of Property: I2 ACg€ Application Requirements: These items must be submitted with the application 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3] A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. 7] For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The informat contained wi this application is complete and correct, to the best of my knowledge: Applicant- L Itt) ,� PP �MR Date: S i (ii J Icj' n.AFIFIELD MAR 1 9 ��,.�,��a DEPARTMENT VECTIVED p.,: Ali St - urr1= 303 a9 GLEi'4W OO SF'HINCAS, GO 8/1501 • ,t, • • • 119 19LiPi RiQo 1 P-TLILETI\si.V3 fl Fc2,. E -r ---A4 „F.D..te.._ A_14,9iacc L i•-An41:::.y:t. ( u 114-t. ZELt-4.. 1‘,1 iqe...1LA_Ak iltit4 r2 C. A 1) 4;i ts 'i2;;i4:tiki Lt.14. I; 0212 I clini +64.3,.EL 1.3 Q.Etir t-)eeitef 1.1t.a) T Tt4 f ti cuLt._&C vti Per EL11.1. Z. Th 1iLIticsa2 r Tki; aEIC1.4-t 3 A kr A It DA' 1U4 QLiC-4 L „t6.te_. 114,:al., 1_41,1121..0 44411 .2 Ps.J1CJrrtJ A).r? ii 6_14k ri ,CtiN2 i_g_ij 10.....1.0111•114014 k -*Q LI t2 e‘: 44.151‘g 4 \-\ ()•'\ R & C (FOUND) — • BOARD FENCE DRIVEWAY BLOCK WALL • COT BLDO latARrOttE S 01 '32'1 7- -* 23.49' Q. SID WALK C (L10,9) 89°21'51" W x 95.QQ' (MEASURED 94.91) 0.72' 30 R & C LS 116-13 SCALE r — 30' 'I1E TO EAST 1/4 COR. SEC1104,7, T7S, R95W- • — S560733W 1389.17» LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 7, 17S, R95W OF THE 611 P.M., GARFIELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AS A POINT OF REFERENCE, AT THE EAST QUARTER CORNER OF SAID SECTC.N 7 FF OM WHENCE THE EAST UNE OF SAID SECTION 7 BEARS: N00'45'25"E WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N56'07'33"W 1389.17 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE B;.TTLEMENT MESA P.U.D., AS RE.30RDED IN THE GARFIELD COUNTY CLERK AND F,ECOR1:}ERS OFFICC. (RECD -TION NO. 333476). SAID PONT BEING THE POINT OF BEGINNING. THENCE N89'21'51"W 95.C)0 FEET; THENCE ALONG AN EXISTING WIRE FENCE NO3'21'00"E 191.29 FEET; THENCE N49'55'19"E 118.97 FEET; THENCE ALONG A WIRE FENCE AND I iS PROJECTION WHICH IS ALSO THE EASTERLY UNE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 522 AS RECORDED IN THE GARFIELD :AUNT'( CLERK AND RECORDER'S OFFICE, 01'32'17"W 268.70 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF THE NORTHERLY 10 FEET THEREOF USED BY THE PUBLIC FUR PUBLIC ROAD PURPOSES. IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR CONSUMER MORTGAGE CORP., THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE REUED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT UNES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 5/28/90, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURR ANY PART OF SAID PARC.. , EXCEPT AS NOTED L. - �Q� •...... eco i r 135O1• •9 -1jFOF co� f : PO ERTY AS L GING IN RICHARD L HOLSAN, LS. 13501 5/3d /72 DATE NOTE: (1) NATIONAL FLOOD INSURANCE MAPS DO NOT INDICA A 100 YEAR FLOOD PLAIN. (2) SURVEY SHOWN HEREON IS BASED PROPERTY CORNERS FOUND IN PL,CE Al ONG THE SOUTHERLY BOUIIDARY. (3) BEARINGS ARE RELATIVE TO A BEARING OF N56'07'33"W ON THE EAS f UNE OF SEC !TON R/CHARD L. HOLSAN _Pirfeissfatial .L:3nd Survotr. 4773 214 Rd C&orodo pay 825-2947 IMPROVEMENT LOCATION CERTIFICA .E _0206._301 RD,_ PARACHUTE COLO. DME 5/.0/90 PROJ. 90039 1 SHEET 1 Dan Wiegner 206 County Rd. 301 Parachute, Co. 81635 Dear Dan 3/17/1999 We cannot complete your application for a Building Permit as submitted. You can have a handi-capped toilet & lay. adjacent to your shop, but the "Tub" represents living quarters, and your Special Use Permit for your shop, does not allow you to use your shop as a residence. I have included a copy from the Uniform Plumbing Code that states, you cannot have a hot water tank in, or opening into, a bath room. When you have submitted these correction we can contionue to process your appilication. If you plan to use this as living quarters, you will have to apply for another Special Use Permit. Don Owens Chief Building Official Garfield County - 'hILi,r4 -• ick //yRaP-4-1- k \KA, ilaj) ic_cP1-/ ,//(E. /1'5t