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Home My WebLink About1.0 BOCC Staff Report 06.05.2000REQUEST: BOCC 06/05/00 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Conditional Use Permit to allow a Home Occupation (auto body repair, painting, and welding). APPLICANT: Richard Medina. LOCATION: SITE DATA: 0064 Apple Drive, New Castle, Colorado. Lot 14, Block 2, Mountain Shadows Subdivision, as amended. South of interstate 70, off of County Road 335. Approximately 11,500 square feet. A house and garage currently exist on the property. A I,225 square foot (35' x 35') shop is proposed to be built to be used for proposed home occupation . ACCESS: Apple Drive (Platted subdivision road). WATER: Central Water (Talbott Enterprises). SEWER: Central Sewer (Talbott Enterprises). EXISTING ZONING: R-MH/G/UD - Residential - Mobile Home/General/Urban Density SURROUNDING ZONING: R-MH/G/UD I. INTRODUCTION/DESCRIPTION OF THE PROPOSAL: The applicant, Richard Medina, has approached the county to receive a Conditional Use Permit for the purpose of allowing a Home Occupation for auto body repair, painting and welding. The subject property is currently occupied by a house and a garage. Access is directly off of Apple Drive (a platted subdivision road). The applicant wants to build an additional thirty five by thirty five foot (35' x 35'), one thousand two hundred twenty-five square foot (1,225 square foot) shop for the purposes of running the home occupation within. Appropriate building permits will be required. In addition, the south side yard setback as shown on the submitted sketch is three feet (3'), this must be a minimum of ten feet (10'). The purpose of the business is to repair vehicles owned by-EPvfE — allgoes Corp., and Resort Express as well as occasional vehicles owned by friends and relatives. 1 Hours are proposed to be Monday through Friday, 9:00 a.m. to 5:00 p.m., and occasionally on Saturdays from 9:00 a.m. to 12:00 p.m.. It is estimated that there will only be two (2) to three (3) vehicles per week being worked on. No signs will be posted to advertise the home occupation. A six foot (6') privacy fence is proposed for the south boundary of the property. No signs (anywhere on the property) and a six foot (6') privacy fence on the south boundary as proposed by the applicant will be conditions of any approval. There is an existing fence on the north side and an existing fence with shrubs on the east side. Staff notes that the applicant has submitted a "petition" signed by several neighbors in support of the proposed Home Occupation (See submittal package). II. RELATIONSHIP TO THE COMPREHENSIVE PLAN This application appears to be in compliance with the Garfield County Comprehensive Plan, 1984. III. GARFIELD COUNTY ZONING RESOLUTION: Section 3.11 R-MH/G/UD - Residential - Mobile Home/General/Urban Density of the Zoning Resolution allows home occupations as Conditional Uses. Section 2.02.29 of the Zoning Resolution defines Home Occupation as, "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." As per this definition, all operations of this proposed home occupation will have to be conducted within the dwelling or accessory building (as proposed) including the storage of any and all cars, equipment and material so as not to create the appearance or impact of a commercial activity. Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (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; Central water and sewer are available to the property. Staff notes that no non - 2 domestic liquid waste from the operation of the home occupation may be disposed of in the water or sewer system. (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; (3) The property is accessed by Apple Drive, a platted subdivision road. 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. As represented by the applicant, a six foot (6') privacy fence will be constructed along the south boundary of the property, and fences already exist along the north and east boundary lines. As per the definition of Home Occupation, all cars, equipment and materials will have to be stored and worked on within the proposed shop at all times. In addition, as proposed by the applicant, no signs will be posted anywhere on the property to advertise the business. In addition, as noted earlier, the applicant has submitted a "petition" signed by several neighbors in support of the Home Occupation. IV. STAT" ' COMMENTS: Staff notes that no employees will be allowed for the applied for Home Occupation. Only the property owner, and any family members residing at the subject property may be involved in the home occupation. Further, any non-domestic liquid waste produced by the home occupation must be stored in a non -discharging vault within the proposed shop and disposed of in a landfill that can accept the waste. All other waste must also be stored within the proposed shop and disposed of in a landfill that can accept the waste. Any leaks of liquid materials or waste must be cleaned up to prevent any danger to people. V SUGGESTED FINDINGS: 1. That proper posting and 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 3. That for the above stated and other reasons, 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 Resohrtion of 1978, as amended. VI. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. Appropriate building permits will have to obtained for the proposed shop. 3. The side yard setbacks of the proposed shop will have to be at least ten feet (10'). 4. Hours of operation will be restricted to 9:00 a.m. to 5:00 p.m., Monday through Friday, and from 9:00 a.m. to 12:00 p.m., on Saturdays. No Sunday operations will be allowed. 5. A maximum total of three (3) vehicles may be stored and/or worked on, inside, on the premises at any one time. 6. A six foot (6') privacy fence must be constructed by the applicant along the southern boundary of the subject lot. 7. No signs advertising the home occupation may be placed anywhere on the subject property. 8. All operations of the home occupation must be conducted within the dwelling or accessory building (proposed shop), including the storage of any and all cars, equipment and material. 9. 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. 10. Any non-domestic liquid waste produced by the home occupation must be stored in a non -discharging vault within the proposed shop and disposed of in a landfill that can accept the waste. No non-domestic liquid waste may be disposed of in the water os sewer system. All other waste must also be stored within the 4 proposed shop and disposed of in a landfill that can accept the waste. Any leaks of liquid materials or waste must be cleaned up to prevent any danger to people. 11. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this conditional use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities and may be subject to revocation of the conditional use permit. 5