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Home My WebLink About2.0 Staff ReportBOCC 04/14/08 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Conditional Use Permit (CUP) for a Home Occupation in the ARRD Zone District APPLICANT REPRESENTATIVE LOCATION ACCESS SITE ACREAGE WATER SEWER EXISTING ZONING Donald and Linda Whillden Neil W. Goluba of Goluba & Goluba P.C. 1580 Chair Bar Road, Silt County Road 331 40 Acres Well & Cistern (purchase water) ISDS ARRD 1 �prtil�.��/-^ mM1ii 1 N11m pN ii onto. I�,►�r�'`nt Ili il m��i .i:ell It r!!r1r: tam a tiigu �m id; :Wn�N nl nIP: 111 11f..froul a11M �tajjjmN �- iffi iiitiot.S 111111111111.11111111P MN it�-�11iset .4, ... imam aurl wan rim i1R •••• mut., yr."; ,,,,Ra M•at W.OULD ft./4W "`" . :,At. ANA Po Whillden - CUP Home Occumpation CUP1008 0 285 570 1,140 Feet W+E 2 I. REQUEST The Applicant is 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 ofa commercial activity. II. PROJECT DESCRIPTION The Applicant proposes to construct a new structure to conduct the sewing of parachutes used for boating (See description and diagram below). The Home Occupation is to employ two (2) employees. According to the Applicant: 1. Our plan is to erect a 601X 48' structure in which to conduct sewing as well as for storage and office space. The items sewn are parachutes for offshore boating (see accompanying literature). As all goods are shipped out of the area and we will have only one full and occasionally a second part time employee vehicle traffic would be one or two personal vehicles and the United Parcel Service van daily during operating hours of 8:00 AM to 5:00 PM. There is no retail traffic. The onlyother structure on the 40 acre property is our residence - 2400 foot single story house. This house would be used in conjunction with the proposed structure for employees to access a bathroom, 8. (1) There is adequate electrical power available within 100' of the proposed structure as well as natural gas within 150'. No water or sanitation is to be used (see 2 above). (2) Access to the propeerty is via an improved graved road that has bccn upgraded by Antero Resources to accomodate heavy trucks and no additional improvements are necessary. (3) No signage is proposed. The proposed structure is a Steamboat style bam compatible with the surrounding areas. We believe no screening will be needed as all surrounding areas are used either for grazing or crops and are ail approximately 40 acre parcels, As times of operation are during daylight hours there are no lighting issues to contend with, ♦VIII WIND Rode 1015 times LOA Trip Line ._.__ -.,rte. Trip Line Fleat Primary Float Deployable Stowage Bag Shackle & Swivel Visual of Sea Anchors to be produced at site 3 III. SITE DESCRIPTION The subject property is 40 acres located southwest of the Town of Sllt off of County Road 331 and Chair Bar Ranch Road. Current improvements on the property consist of a primary dwelling unit. The property is described as Lot 4 of Chair Bar Ranch Subdivision. so" WT 4, CHAIR BAR RANCH N 89°36'56° E 1323.84' Site Plan —1580 Chair Bar Ranch Subject Site — Road to right leads to main house, straight to proposed barn area. 4 Primary Dwelling Unit IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits. A. Town of Silt: B. Burning Mountain Fire Protection District: C. Garfield County Road and Bridge Department: D. Resource Engineering: V. REVIEW STANDARDS & STAFF COMMENTS No Comments Received See Exhibit H See Exhibit F See Exhibit G 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 Applicant is proposing to install a new ISDS to serve the new 60'x 48' building where the Home Occupation is to take place. The Applicant will need to obtain an ISDS Permit from Garfield County at the time of installation. As the existing well permit for the primary dwelling unit does not permit water to be used for the proposed Home Occupation, the Applicant is proposing to serve the new 60' x 48' building (with 5 restroom facility) and up to two employees with a 1,700 gallon cistern to be filled with purchased water. According to the Applicant: Applicant has revised his plans regarding water usage and wastewater management for the proposed conditional use. Instead of using the water and wastewater facilities contained within the existing residence, the proposed building will contain a single restroom consisting of a sink and toilet. In connection therewith, Applicant shall install a cistern (1,700 -gallon water tank) to supply water to the proposed building. The cistern shall be filled with water obtained through a contract with a local domestic water supplier. With regard to wastewater, Applicant shall install a new individual Sewage Disposal System (ISDS) to serve the proposed building. The cistern shall be located to the east of the proposed building depicted on the Site Plan and the ISDS shall be located on the west side of the building. This application was referred to Michael Erion P.E. of Resource Engineers for review (See Exhibit G) who had the following comments: 5.03(1) Utilities The water supply for a restroom in the proposed building is a cistern filled by water hauled by a local domestic water supplier. Such arrangement is not recommended, but allowable under County regulations. The applicant has adequate land area above the steep slopes to locate a small ISDS system for a bathroom. As the Home Occupation is to have up to two outside employees and without legal right for those employees to utilize water associated with the existing well on the property, demonstration of an adequate legal and physical source of water to fill the proposed cistern is necessary to comply with Section 5.03(1). It is Staffs opinion that without legal and physical water tied to the subject property to supply the Home Occupation, that a reliable source of water is not available for the proposed use. To this extent, the Applicant has not demonstrated that an adequate legal and physical source of water is available to serve the proposed use. To this end, this requirement is not met. 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 Chair Bar Ranch Road which connects to County Road 331. Staff anticipates that the proposed use will create approximately four (4) additional round -trips per day in addition to an unknown number of delivery trips from Chair Bar Ranch Road onto County Road 331. The Garfield County Road and Bridge Department provided the following comments regarding this application (See Exhibit F): Garfield County Road & Bridge Department has no objections to this application with the following comments. The driveway access to Chair Bar Ranch is already permitted and meets all requirements for this application including a stop sign at the entrance to Cr. 331. This will exempt them from the driveway access permit requirement for this application. All vehicles hauling equipment and materials for 6 this building will be required to abide by Garfield County's oversize/overweight system if required. As Cr. 331 has been upgraded this application will not have an impact on the traffic volume on Cr. 331 for delivery and shipping of materials. To this end, it is Staff's opinion that road access is adequate to serve the proposed use and that this requirement is met. 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 a proposed 60' x 48' structure located on the property. The intent of permitting Home Occupations in the ARRD Zone District, primarily characterized by residential and agricultural uses, is so that the proposed use does not detract from those uses and does not create the appearance or impact of a commercial use. Since the proposed Home Occupation is to take place within a new barn style building, no lighting or signage is proposed and that there is no intent to alter the outdoor character of the existing home, it is Staff's opinion that the proposed Home Occupation will not create the appearance of a commercial establishment. However, the Home Occupation will produce additional traffic from the employees and deliveries. The Home Occupation is anticipated to create approximately four vehicle round - trips per day not including deliveries. So, in the end the only activity which could construe this Home Occupation as a commercial use will be the parking of 2 vehicles on the property during working hours. It is Staff s opinion however, that as long as the activities take place inside the new barn that the parking of 2 vehicles during business hours does not necessary create the appearance of a commercial use since other residential uses could have this same impact. Further, the home, barn or any parked vehicles will not be visible from any public right of way. 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 NOT 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 NOT in conformance with Section Garfield County Zoning Resolution of 1978, as amended. 7 VII. STAFF RECOMMENDATION Staff finds that the proposed Home Occupation cannot 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, however adequate legal and physical water for the proposed use has not been demonstrated. Staff recommends that the Board of County Commissioners DENY this request for a Home Occupation for the property owned by Donald J. and Linda L. Whilldin at 1580 Chair Bar Road. However, should the Board find that the Applicant has adequately demonstrated that legal and physical water exists for the proposed use, Staff recommends 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. 2. 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. 3. The Applicant shall obtain all necessary building and ISDS permits for any structures associated with the Home Occupation. 4. All operations of the Home Occupation shall be conducted within the accessory building (barn) as proposed. 5. The Home Occupation shall employ two (2) or fewer employees. 6. No signs advertising the Home Occupation may be placed anywhere on the subject property. 7. All outdoor lighting shall be directed downward and inward and shall not protrude outside the property boundaries. 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. 8 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT Date Sent: March 5, 2008 Comments Due: March 31, 2008 Name of application: Whilldin, Donald J. & Linda L. Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. The driveway access to Chair Bar Ranch is already permitted and meets all requirement for this application including a stop sign at the entrance to Cr. 331. This will exempt them from the driveway access permit requirement for this application. All vehicles haulin. out •ment and materials for this building will be re•uired to abide by Garfield Counties oversize/overweight system if required. As Cr. 331 has been upgraded this application will not have an impact on the traffic volume on Cr. 331 for delivery and shipping of materials. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date _March 10, 2008 Revised 3/30/00 ""' .....R E S O U RCE ... ..... ■...■ E N G I N E E R I N G INC. Mr. David Pesnichak Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: Whilldin Conditional Use Permit Application EXHIBIT March 28, 2008 Dear David: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) reviewed the Conditional Use Permit application of Donald and Linda Whilldin for a Home Occupation use on property located southwest of the Town of Silt. A Conditional Use Permit must meet the criteria in Section 5.03 of the Zoning Regulations. The technical issues are outlined below. 5.03(1) Utilities The water supply for a restroom in the proposed building is a cistern filled by water hauled by a local domestic water supplier. Such arrangement is not recommended, but allowable under County regulations. The applicant has adequate land area above the steep slopes to locate a small ISDS system for a bathroom. 5.03(2) Roads/Access The project appears to have adequate access for the proposed use. Please call if you have any questions or need additional information. Sincerely, RESOURCE INEERING, INC. Michael J. % on, P.E. Water Reources Engineer MJE/mmm 885-56.0 K:IClients1885 GARC0156.0 WHILLDINIdavid pesaichak conditional use permit.doc RECEIVED MAR 3 1 2008 BUILD:NG & PLAANNING Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137 David Pesnichak From: chief 800 [burningmountainschief@msn.com] Sent: Thursday, April 03, 2008 4:49 PM To: David Pesnichak Subject: Whilldin Application Page 1 of 1 EXHIBIT 1 ft David: I have reviewed the application of D & L Whilldin and have met with Mr. Whilldin. He has agreed to install a dry hydrant in a pond on the property and to grant access to the water to Burning Mountains Fire. As a result, Burning Mountains Fire supports the application. Brit C. McLin 4/3/2008 Exhibits for Public Hearing held on April 14, 2008 Exhibit Letter A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application E Staff Memorandum F Memo from Jake Mall of the Garfield County Road and Bridge Department dated March 5, 2008 G Memo from Michael Erion P.E. of Resource Engineering Inc. dated March 28, 2008 H Email from Brit McLin of the Burning Mountain Fire Protection District dated April 3, 2008