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Home My WebLink About1.0 Application------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • • GARFIELD COUNTY Building and Planning April 25, 1995 Lori Satterfield Delaney & Balcomb P.O. Drawer 790 Glenwood Springs, CO 81602 RE: Guarini appeal Dear Ms. Satterfield: On April 24, 1995, the Garfield County Board of Adjustment approved your client's appeal of the administrative inteqiretation of a "guest house" pennit. TI1e Board of Adjustment voted 4-1 to approve appeal per staff conclusion. If you have any questions, please feel free to contact this office. Sincerely, , ;,((b,u Jf(thdda'U '1(i{ila M. Archuleta Secretary to the Garfield County Board of Adjustment SAisa I 09 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 8 I 60 I • TO: FROM: DATE: RE: • • GARFIELD COUNTY Building and Planning MEMORANDUM GARFIELD COUNTY BOARD OF ADJUSTMENT MARK BEAN 't}1/,g' 61 $.J:;:JJ_c_) APRIL 14, 1995 APPEAL TO AMEND BUILDING PERMIT This is to infonn you that we will have a Board of Adjustment meeting on April 24, 1995 for an appeal the denial of a building permit application made by Patrick Guarini due to the lack of a Special Use permit. The meeting will be held at 6:00 p.m., in the Commissioner's Hearing Room, Suite 301 of the Courthouse. Enclosed for your review is a copy of the appeal and the application. We will send a staff report out later this week, to explain the issues better. We are proposing to hold the meeting a little earlier than the nonnal 7:00 p.m. meeting time. If this is an inconvenience to anyone, please let us know as soon as possible and we will try to reschedule it to 7:00 p.m., if this will prevent us from getting a quorum together. Regardless, please call Stella to let her know whether or not you can attend the meeting at all, as soon as possible. l 09 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 8160 I . . • TO: FROM: DATE: RE: -------- - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - • • GARFIELD COUNTY BuildinK and Planning MEMORANDUM GARFIELD COUNTY BOARD OF ADJUSTMENT ./)13 &t;LJ MARK BEAN't)'/.7' '(; APRIL 14, 1995 APPEAL TO AMEND BUILDING PERMIT This is to inform you that we will have a Board of Adjustment meeting on April 24, 1995 for an appeal the denial of a building permit application made by Patrick Guarini due to the lack of a Special Use permit. The meeting will be held at 6:00 p.m., in the Commissioner's Hearing Room, Suite 301 of the Courthouse. Enclosed for your review is a copy of the appeal and the application. We will send a staff report out later this week, to explain the issues better. We are proposing to hold the meeting a little earlier than the normal 7:00 p.m. meeting time. If this is an inconvenience lo anyone, please let us know as soon as possible and we will try to reschedule it to 7:00 p.m., if this will prevent us from getting a quorum together. Regardless, please call Stella to let her know whether or not you can attend the meeting at all, as soon as possible. 109 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 ' • UILDING PERMIT APPLICATIO.(AMENDED) GARFIELD COUNTY, COLORADO Aoo/icant to comolete numbered soaces only. PERMIT NO. 5363 PARCEUSCHED NO. JollAoORESS 1 LEGAL I LOTNO. l BLOCK l!ill!lOMKil!OC 102 State Road 110500, Carbondale, co UfSCR 2 OWNER Patrick Guarini ADDRESS ~~E~ hake Esfft!J~ 1 a ton, 4i 6,; .. 4~fiQi361 · WK PH 3 CONTRACTOR ADDRESS PH LICENSE NO 4 ARCHITECT OR DESIGNER R • C • Robertsor ADDRESS ~17 Ma~n St. arbon ale, CO 816: 3PH UCENSENO 5 ENGINEER ADDRESS PH LICENSE NO. 6 SF OF BUILDING 704 SF OF LOT HEIG•n+ 30 NO. OF FLOORS 2 - 7 USE OF BUILDING 8 CLASSOFWORlt oNEW~ADDITtoN nALTERATK:lN r1REPAIR r.iMOVE nREMOVE 9 DESCRl&E WORI( Addition over existi_ng garage to include a bedroom, bath and playroom/ sitting area. Addition does not include kitchen or cooking tacility. 10 GARAGE SINGLE DOUBLE CARPORT SINGLE DOUBLE DRIVEWAY PERMIT ON SITE SEWAGE DISPOSAL PERMIT SITE PLAN 11 VALl,JA.TIOOOF WORK:$ ADJUSTED VAL.$ PLAN CHECK FEE PERMIT FEE SPECIAL CONDITIONS SCHOOL IMPACT FEE NO. OF BU!LO!NOS ON USE OF BUILDINGS NOW ON PARCEL PARCEL TOTAL FEE OCC.GR CONST. TYPE NOTICE WATER SUPPLY DATE PERMIT ISSUED SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL. PLUMBING, HEATING, SPECIAL APPROVAlS REQUIRED RECEIVED NOT REOUIREO VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WOR:K OR CONSTRUCTION AUTI IOR:IZED IS ZONING NOT COMMENCED WITHIN 160 DAYS, OR IF CONSTRUCTION OR WOR:K IS SUSPENDED OR ABANDONED FOR A PERIOD Of 180 DAYS AT ANY TIME AFTER WORK IS HEALTH DEPT COMMENCED I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. All PROVISIONS OF LAWS AND ORDINANCES FIRE DEPT. GOVERN:W:if.S TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR OT. '.~TINO OF A PERMIT DOES NOT PRESUME TO GIVE SOIL REPORT AUTHOR I TO VlOLA TE CANCEL THE PROV1SIONS Of' Ti~'f {;STA TE OR LOCAL REGULA c::e.~N OR THE PERF ~-z:ce OF SETBACKS CONSTR ~. ,(_. '/ ' · u.. r Jt'"f' (Date\ ,..._ v_.,_v' L .U I U ,Ii\ 1 !.ifoJ<.';;i\i"'l;i;..;.~ FLOOD HAZARD Signature or ONner, Contra tor or a ..... ivo zeO'agen haV1ng reaa ana Jnders 000 no ice a MANUF. HOME Building Department Approva/date Planning Oopartmenl Approval/date OTHER AGREEMENT PERMISSION IS HEREBY GRANTED TO THE APPLICANT AS OWNER, CONTRACTOR AND/OR THE AGENT OF THE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUCTURE AS DETAILED ON PLANS AND SPECIFICATIONS SUBMITTED TO AND REVIEWED BY THE BUILDING DEPARTMENT IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT THE SIGNER HEREBY AGREES TO COMPLY WITH ALL BUILDING CODES AND LAND USE REGULATIONS ADOPTED BY GARFIELD COUNTY PURSUANT TO AUTHORITY GIVEN IN 30.28.201 CRS AS AMENDED. THE SIGNER FURTHER AGREES THAT IF THE ABOVE SAID ORDINANCES ARE NOT FULLY COMPLIEO WITH IN THE LOCATION, ERECTION, CONSTRUCTION AND USE OF THE ABOVE DESCRIBEO STRUCTURE. THE PERMIT MAY THEN BE REVOKED BY NOTICE FROM THE COUNTY AND THAT THEN ANO THERE IT SHALL BECOME NULL AND VOID. THE ISSUANCE OF A PERMIT BASED UPON PLANS, SPECIFICATIONS ANO OTHER DATA SHALL NOT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS ANO OTHER DATA DR FROM PREVENTING BUILDING OPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OF THIS CODE OR ANY OTHER ORDINANCE OR REGULATION OF THIS JURISDICTION. THE REVIEW OF THE SUBMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITUTE AN ACCEPTANCE OF ANY RESPONSIBILITIES OR LIABILITIES BY GARFIELD COUNTY FOR ERRORS, OMISSIONS OR DISCREPANCIES. THE RESPONSIBILITY FOR THESE ITEMS AND IMPLEMENTATION DURING CONSTRUCTION RESTS SPECIFICALLY WITH THE ARCHITECT, DESIGNER, BUILDER AND OWNER. COMMENTS ARE INTENDED TO BE CONSERVATIVE AND IN SUPPORT OF THE OWNERS INTEREST. Garform.003 I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE AGREEMENT ABOVE CwlN,.IT,UlnAk.L ____ _, *for Owner ' ·• . GARFIEI.ll COUNTY APPLICATION FOR llUILllING PERMIT PERMIT NUMBER 53~ 3 JJlease J)rint or type DATE //-/ {p -9 f ,.... TO BE FILLED OUT BY APPLICANT ---ADDRESS ;h7 <7ff1F =;c-d'b <no , (!.. ~ SUBDIVISION I f' I/,I NG # L07' /I ----Bf,OC/( /I 1'AX SCHEDULE # LEGAL (SEC/'1'11N/l<NG) -~ - 1 NANE /?J? l/zJ"<"----zr.-w1c.I< (T{,,.uz1 ' <; 1MAIUNG ADDRESS 6'£Z.~':L&Uc£~/Es U~ _ C,~-C.T7'Y 75°a:H ~-,__:;r_L.Y'i!)!;f!!_Yt27--'z'88--9_?J7 5 ~ NllNE :tee~ "7-0/-v;;-;f,)a ~ ~ ADDRESS ,,.//7 Ohw ::;L:_ CI'fr a,kk~L "' NANit-···· -~...,.M ~ ADDllESS';R:!R~8"'°L_,_/_.;:-_______ -&- "' CITY /~Llf n cC> __ _ ~ 1.0110NE·i?;9zo·4 zc.:-LICENSE I.I ---- CLASS OF 1101?.K !/Eli ALTERATION ----DEMOLISH RE PA Ill NOBILE 110/IE (make/model) S.F. OF BUILDING 7o'/ ----ADDITION ~,_./"~-- NOVE S.F. OF LOT # OP FLOORS I/EIGHT _'._3C~2-' ____ _ # OF FANILl' UNI1'S # OF BEDROOMS INTENDE.'D USE OF BUILDING ~£ ,/ 72),9,/ GARAGE: SINGLE DBL CAUPiJRVSINtLi' bBT, --FIREPLACE DOCUMENTS ATTACHED 11ATER SUPPLY -------------------PRIVE 11 Al' PERMIT SITE PLAN BUILDING PI,ANS SANITARY SE.'11ER CLEARANCE ON SITE SE11AGE DISPOSAL PERMI1' ----------- 01'//ER DOCUMEN2'S (specify) ' PLOT PLAN NO'l'E: Show easen1ents, property line dimensions all other structures, specify north, and street name. f'or odd shaped lots, or if space is too smal 1, provide separate plot plan. /I or BUl /,DINGS NOii ON PARCEL USE OF BUJI,IJINGS NOW ON PARCEL ··----y-··· FRONT PROPERTY LINE S'l'REET NA/IE/ROAD NUMBER /OZ >1Zf7l lC( "o-;-cc Cl/ECK IF CORNER LOT /J/<:SCRIP'l'ION OF 110RK PLANNED I hereby acknowledge t/1at I have read this application and tlie above is correct and I agree to comply wit}J all county ordinances and state laws regulating building constructi( ~k<12J2, .no,± SJGNM'UHL' FOR OFFICE USE ONLY VALUATION PERMIT FEE $ , '-PLAN CHECK FEE "-$-'-1-"L-'=-- TOTAL FEE $ 'J1f¥ SCl/OOL IUPACT DATE PERMI'l' ISSUED --------------- ZONING DIS'l'RICT 7'l'PE OF OCCUPANCY fl_-~ l"I •L TYPE OF CONS7'RUC1;J,ON;,.; ._.. ~ /OJ S.F. OF BUILDING '"' f"'f S.F. OF LOT---- MAX. HEIG//T 1 f' ROAD CLASS. SETBACKS FROM P~'f.l;' f'JfJ'~ F'llONT REAR ,_ Jft(,,,T DEFT -----OFF STREET PARKING SPACES REQUIRED FLOOD HAZARD -----------------CE RT IFIE D BLDG ELEVATION SPF.CIAL CONDITIONS ,J-hT' -8-tJ-~-?0-,(f.-~-,,,-,iJ,.-A"''{)/<~e;,-;-,ilS~ ll5 /Jt¥Jt'11PNi4L .8c/JbJOP1 010 JtvELUfl)t. PHOBLEMS ~II'l'H PERMIT ADDITIONAL INFORMATION NEEDED ----- CERTIFIED BY COLORADO REGISTERED LAND SUHVEYC OR ENGINEEH Dll 'I'E • • . . -. . t . ~. -· ... ' r··I--. •' I 'I . I o· ···+ \· I I ' ~ ....... 1~ i '\ - • 'l> • ? lo ! 1-r I .. ' t -.... .,, ~-~· I I lf"(?,j'" .. 10!0." \ ' ::;:: . a c . ' ."I .... -"i ~ ~ ~ R~ .~ • • • DENIAL OF BUILDING PERMIT APPLICATION On April 14, 1995, the Garfield County Building and Planning Department received from Patrick Guarini a Building Permit Application (Amended) to amend Permit No. 5363. The subject of the Application was for improvements to the second floor of an existing garage to construct a bedroom, bath, and playroom/sitting area. The improvements would not include a kitchen or cooking facility. Based (in part) upon Garfield County's definition of a "guest house," this Department has previously denied a similar application and required the issuance of a special use permit prior to construction of the improvements. Mr. Guarini.' s Building Permit Application (Amended) is likewise denied. Mark Bean, Di.rector Garfield County Building and Planning Department • . . • • . APPEAL TO THE ZONING BOARD OF ADJUSTMENT Patrick Guarini, by and through his attorneys, Delaney & Balcomb, P.c. hereby appeals the April 14, 1994 decision of the Garfield County Building and Planning Department to deny his Building Permit Application (Amended) to amend Permit No. 5363. As the basis, in part, for this appeal, Mr. Guarini states the following: 1. This Appeal is timely. 2. A copy of this Appeal has been served upon the Garfield County Building and Planning Department. 3. The subject of the Building Permit Application (Amended) was an application to construct an addition over an existing garage to include a bedroom, bath, and playroom/sitting area. The addition will not include a kitchen or cooking facility. Garfield County Building and Planning Department denied the said Application (Amended), on the basis that the requested additions constitute a "guest house" (as defined in Section 2. 02. 285, Garfield County zoning Resolution of 1978, as amended and supplemented), for which a special use permit is required. Mr. Guarini submits that no special use permit is required under the circumstances, because the requested additions do not include cooking or kitchen facilities, and the improvements therefore cannot constitute an independent dwelling unit. The requested additions are, in fact, no different from ones that Mr. Guarini could make to his main residence without the necessity of a special use permit. For these and other reasons, Mr. Guarini asks the zoning Board of Adjustment to overturn Garfield County Building and Planning Department's denial of his Building Permit Application (Amended) to amend Permit No. 5363. Dated this 14th of April, 1995. DELANEY & BALCOMB, P.C. By ~'14l/(f Scott Balcomb #1376 Attorneys for Patrick Guarini 818 Colorado Avenue P.O. Drawer 790 Glenwood Springs, co 81602 telephone (303) 945-6546 facsimile (303) 945-8902 • .. • • CERTIFICATE OF HAND DELIVERY I hereby certify that I served a true and correct copy of the within APPEAL TO THE ZONING BOARD OF ADJUSTMENT by hand delivering the same addressed to: Mark Bean, Director Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dated this J!lj!__'-day o '__J.,...L~~&L~L-:,r·/ 1995. t\_RPELLANT: • • BOA 4/24/95 PROJECT INFORMATION AND STAFF COMMENTS Appeal of administrative interpretation of "guest house" definition, Section 2.02.285 of the Garfield County Zoning Resolution. Patrick Guarini I. ZONING: Section 9. 04. 0 I states the following: "Appeals to the Zoning Board of Adjustment ("Board") may be taken by any person aggrieved by his inability to obtain a pennit (other than a Special Use Permit), or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement ofthe provisions of this Resolution." Per the above provisions, Mr. Gua1ini has appealed a detennination of County staff inteqiretation that the proposed garage addition of a playroom, bedroom and bathroom is a "guest house" per the definition in Section 2.02.285 and as such is required to obtain a Special Use permit, before a building permit can be issued. (See appeal mailed previously) Mr Guarini feels that the constrnction of the additional living area in a separate building, without cooking or kitchen facilities is not a guest house, as defined by the County Zoning Resolution,. and that no Special Use pennit should be required to issue a building pennit. II. ISSUES AND CONCERNS 111is issue was the result of a modification of the proposed constrnction of a garage with a "playroom" above the garage. During the inspection of the building, it was noted that a bedroom and bathroom was being added to the strncture in violation of the building code. In the process of resolving the building code issue, the Planning Department was asked to review the revised building pennit for zoning compliance. Staff felt tlrnt the revised building pennit met the definition of a "guest house", which is defined as follows: "Accessory, detached building, which is designed and used to house nonpaying visitors and guests of the occupants of the main building of the site." A guest house is also subject to the standards contained in Section 5.03.025, which state that a guest house must meet the following standards: (1) 111e gross floor area or the area used for residential occupancy shall not exceed one thousand ( 1,000) square feet. (2) 111e minimum lot size shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone dist1ict; and (3) 111e length of stay ofa guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary strncture. The County has made the inteq1retation that an "accessory, detached building", with or without cooking or kitchen facilities is a guest house, based on the fact that there is a • • "detached" building used for residential occupancy. Staff concedes that in the early 80's, that a detached bedroom was not classified as "guest house". 111is interpretation was changed, as a result of the review of another application for the same type of strncture by the County Attorney's office. 111e appellant's point that this same configuration of rooms above an attached garage, without cooking or kitchen facilities, would not be considered a guest house is conect. This issue is a "gray area" in the zoning resolution, that needs to be defined better than it is presently. The Unifonn Building Code defines a dwelling unit as follows : "any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family." While it is not clearly defined, it appears to staff that the intent of the Board that adopted the guest house provisions were conside1ing these units to be a separate dwelling unit that could be lived in, independent of the p1imary residence. This is based on the fact that a guest house may be used for an indefinite pe1iod of time by relatives of the property owner and would be allowed to have their own cooking or kitchen facilities. As a result, staff has always dealt with a guest house as a separate dwelling unit and required proof of a legal, adequate source of domestic water for the unit, that is legally separate from the primary dwelling's source of water. III. Conclusion Staff does not have a problem considering the detached "playroom, bedroom and bathroom" as a pm1 of the principal dwelling, as long as the applicants are willing to sign a statement that the detached rooms are and will always be considered a part of the main house and that no cooking or kitchen facilities will ever be added to the facility witl10ut obtaining the appropriate land use pennit. Also, staff recognizes a need to modify the Zoning Resolution definition of "guest house" to be consistent with this interpretation, if the Board of Adjustment agrees that the appeal is valid. 11ie reason staff wants the Board to make this determination is due to the vagueness of the present definition and the inconsistence in previous interpretations. Your determination is the most expedient way for Mr. Guarini to complete his project, without going to comt or requesting a zone district text amendment by the Board of County Commissioners. _ p111t--,r;~vc A)~ -#l(l~~-2 4-1 2