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Home My WebLink About2.0 BOCC Staff Report 01.15.2007Exhibits for Public Hearing held on January 15, 2007 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F I Letter from Randal V. Kimball G Letters submitted by Paula Bush and subdivision residents not present GI Bob and Paula Bush G2 George and Royce Ann Mosher G3 Joe and ShirleyBudd G4 Gabe and Stephanie Miller G5 Pegg Phillips BOCC 01/15/07 CR PROJECT INFORMATION AND STAFF COMMENTS REQUEST Conditional Use Permit (CUP) for a Home Occupation in the ARRD zone district. APPLICANT Jose Castillo LOCATION Lot 15, Block 2, Mountain Shadow Subdivision ACCESS 40 Apple Drive WATER Talbott Enterprises SEWER Talbott Enterprises EXISTING ZONING ARRD I. RE UEST The Applicant requests approval from the Board for a Conditional Use Permit for a Home Occupation to operate a Mobile Tire Repair Service. 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 of a commercial activity. II. PROJECT DESCRIPTION The Applicant whishes to operate a mobile tire repair service out of a proposed 1500 sq. ft. garage. When a motorist with a flat tire contacts this service, a vehicle will be dispatched. Tires will be exchanged on the scene when possible. This will be a 24 hr/day service. Two vehicles will be used for this business, and the applicant proposes to keep both parked in the proposed garage. The necessary equipment includes: 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches Replacement tires will be delivered onsite by suppliers. III. SITE DESCRIPTION The subject property is a corner lot located at the entrance of the Mountain Shadows Subdivision. Mr. Castillo is proposing to remove the existing mobile home and install a manufactured home and garage. TV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits. A. Town of New Castle: No Comments Received B. Burning Mountain Fire District: Proposed neither conditions nor restrictions to the project. (Exhibit C) V. REVIEW STANDARDS & STAFF COMMENTS 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 o f County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Findin¢ Sanitation and water services are provided by a public system operated by Talbot Enterprises. The only anticipated water use for this proposal will be a restroom facility located within the garage. 2) Street improvements adequate to accommodate traffic volumeenerated by the proposed use and to provide safe, convenient access to the use shall eithger be in place or shall be constructed in conjunction with the proposed use; Staff Findine Access to the subdivision is provided by Apricot Drive from County Road 335. The subject property is a corner lot at the entrance of the subdivision with a proposed driveway accessing from Apple Drive. The use will generate traffic as the mobile unit is dispatched to service customers. Regarding deliveries, the Applicant anticipates a maximum of one delivery per week. Tires and other materials will be delivered by suppliers. Additional street improvements are not anticipated. 2 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 Findine The intent of permitting Home Occupations in the R-MH/G/UD zone district primarily characterized by residential uses is such that the proposed use does not detract from those uses and does not create the appearance or impact of a commercial use. This is clear by the language found in the definition of a Home Occupation (Section 2.02.29 of the Zoning Resolution of 1978, as amended) which states: "Any use for gain or support carried on as an accessory use within a dwelling or building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity." The key language in this definition states "wherein such use would not create the appearance or impact of a commercial activity" and is intended to address the magnitude, function, and impacts of a commercial activity so that it may be carried on in a residential setting. The "appearance of the use" should resemble generally acceptable forms consistent with a residential use which includes accessory buildings for personal storage, personal wood shops, garages for vehicles, etc. The "impacts" of a commercial activity generally refers to hours / days of operation, traffic, employees, lighting and signage, and product sales and storage. Staff finds that the proposed Home Occupation could potentially have the impact and appearance of a commercial activity. hi order to reduce the impacts of the proposed CUP Staff has suggested conditions that address this issue. VI. SUGGESTED FINDINGS 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 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 Section Garfield County Zoning Resolution of 1978, as amended. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the request for a Conditional Use permit to allow a Home Occupation for a property known as Lot 15, Block 2 of the Mountain Shadow Subdivision located at 0040 Apple Drive, Garfield County with the following conditions: 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 specifically altered by the Board of County Commissioners. 2. Business operations may not begin until the applicant establishes the subject property as his primary residence. 3. Appropriate building permits shall be obtained for the garage before business operations begin. 4. Hours of operation for following equipment will be restricted to 9:00 a.m. to 5.p.m., Monday through Friday, and 9:00 am to 12:00 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches 5. Garage doors shall remain closed at all times. 6. Onsite customer vehicle repair is prohibited. All operations of the home occupation must be conducted within the dwelling or accessory building (proposed garage), including the storage of tires and equipment. 8. No signs advertising the home occupation may be placed anywhere on the subject property. 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. Residential habitation of the garage shall be prohibited. 11. Ingress and egress is restricted to the west side of the subject lot adjacent to Apple Drive. 12. Vehicles displaying commercial advertisement must be stored inside the proposed garage. Cl 13. Deliveries shall be limited to once per week, and may only be conducted between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 14. Walk in service shall be prohibited. 15. Any violations 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 resulting in a revocation of the conditional use permit. Garfield County Commissioners I have 2 objections to this use permit, first, I dont believe we need or want a tire shop at the entrance of this single family subdivision Second is based on the past history of this lot after this owner acquired it. Other neighbors have told me there were from 10 to 20 people living there, this is heresay but I have seen 11 cars parked there Plus there is a camper trailer and a stick built building in the front yard. However, I haven't seen anyone there since Immigration and Trident raided the illegal dopers a couple months ago. signed; Randal V. Kimball, 0124 Apple Drive Mtn. Shadows January 14, 2007 Garfield County Commissioners Garfield County Colorado 108 8a' St. Glenwood Springs, CO 81601 Re: Conditional Use Permit for the residential property on the northwest corner of Garfield County Road 335 and Apple Drive, Mountain Shadows Sub -division Dear Garfield County Commissioners, We the undersigned, Bob and Paula Bush, have lived at 0292 Apple Drive in Mountain Shadows Sub -division in Garfield County for 15 years. We ask that you decline the request from Mr. Jose Castillo for a conditional use permit for a home occupation mobile tire repair business at the location mentioned above for the following reasons: 1. This is a residential sub -division not a commercial development. 2. Historically, Mr. Castillo's property has been in disarray. We are concerned that having a business run from the property will result in even more discarded materials, possibly tires, being present. (See attached photos taken 1-14-07) 3. Currently there are 2 businesses, which we know of, that are operating in Mountain Shadows: Mountain Shadows Auto, Inc. at 64 Apple Dr. owned and operated by Richard Medina, and a snowmobile repair business at 0239 Apple Drive believed to be owned and operated by Jim Watson. Mr. Medina's auto repair business is next door to the subject property. It is our understanding that Mr. Medina's conditional use permit is currently in jeopardy, because he hasn't been in compliance due to auto parts in the yard. (See attached photos taken 1-14-07). We are concerned that Mr. Castillo's tire business will be similar in appearance. It is our understanding that the Mr. Watson's snowmobile repair business is operating without a permit. There are currently upwards of 10 snowmobiles in various states of repair next to the street, in the drive way and in the yard. (See attached photos taken 1-14-07) This unsightly situation is another reason why businesses shouldn't be operating in our residential sub -division. Again, we request that you deny Mr. Castillo's request for a conditional use permit for a mobile tire repair business. Sincerely, Bob Bush Paula Bush W1rwm n � A a 00 p app... All ;f cV �1 �O L, l yA O O O 0 a F A Z w �yy All 0 0 F 3 0 b w N W i 'O 'O A d �t �� A O O Lr". '� OQ h C IM S 0 b �_ A V nl C A lzl:� \� . : ___ xMW / .Z � «- z \. \. \ jic- 2 ___ January 14, 2007 Garfield County Commissioners, This letter is in response to the special use permit application by Jose Castillo for a tire repair business in Mt. Shadow subdivision in New Castle, CO. If Mr. Castillo is going to run a mobile tire repair business at this location we are not apposed to this with some conditions. We feel he needs to clean up his lot, keep it clean, not have tires laying around or park vehicles in the street, a danger to traffic coming into the subdivision and children walking by and trim his trees so they are not hanging down into the roadway. If Mr. Castillo is going to have a show room and repair type of business we are apposed to that, because this is a residential neighborhood and we do not feel a showroom type of business is appropriate here. Sincerely, George E. Mosher Ann Mosher 0402 Apple Drive Mt. Shadow Subdivision New Castle CO. January 14,2007 To who it may concern It has come to our attention, that a request to allow a Mobile Tire Repair to operate out of a residence, is being considered in Mountain Shadows subdivision in New Castle. We believe this type of business would inherently generate an eyesore, which is already an issue in this community. As owners of a home in Mountain Shadows in New Castle, we oppose the establishment of this type of business in a subdivision zoned for residential. Joe and Shirley Budd 349 Apple Drive New Castle, CO 81647 VazP J e u ¢ Date Shirley K Bu Date January 14,2007 To who it may concern: It has come to our attention, that a request to allow a Mobile Tire Repair to operate out of a residence is being considered in Mountain Shadows subdivision in New Castle. We believe this type of business would inherently generate an eyesore, which is already an issue in this community. As owners of a home in Mountain Shadows in New Castle, we oppose the establishment of this type of business in a subdivision zoned for residential. Gabe and Stephanie Miller 285 Apple Drive New Castle, CO 81647 �� • `� - =� 1 1 • Gabe Miller Date /- /a-67 ��+f«Ah-Dyl�-�((s �J� a+ is Aye (,e- -D2�)v e, /JpcP4(c--), K � c:o,_ uo w �A�bAltQ� Q �,c 0', tiJ - uz�-) SQ C � o �- -Tk-(5-c':z 7�AN- �siC)FNc� i fz�cs,lk2