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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.19.2007PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW BOCC 11/19/07 KM Conditional Use Permit for "Home Occupation" for a "Studio for the Arts and Crafts" PROPERTY OWNER James Surls & Charmaine Locke LOCATION The subject property is located at the intersection of County Road 100 and County Road 103, Northeast of the Town of Carbondale SITE INFORMATION 17 -acre property ACCESS County Road 103 EXISTING ZONING Agricultural/Residential/Rural/Density (ARRD) I. REQUEST The Applicant requests approval from the Board for a Conditional Use Permit for Home Occupation for a Studio for the Arts and Crafts. 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. A Studio for the Arts and Crafts is defined in the Section 5.03.03 of the Zoning Resolution of 1978, as amended as the following: All activity must be conducted within a building and retail sales are limited to one -of -a -kind goods produced on the lot. II. PROJECT DESCRIPTION The Applicant is a professional sculptor and requests approval to operate an art studio on the same property as their single-family dwelling. The proposed studio will be a single building totaling approximately 6,000 sq. ft. The Applicant states that the estimated amount of income 1 which is generated by making art in this studio is approximately 100% of his total income. This is a private, personal studio where the Applicant is the sole producing artist. This studio will not have any retail hours or any times open to the public and there are no employees required for the business so there will be no visitor traffic to the property associated with the studio. The Applicant makes the sculptures at the studio and then transports the art to be shown at his art galleries located in several major cities around the country such as New York and Houston. The sculptures that the applicant creates have large dimensions and require significant space to store materials and to create the artwork. The sculptures can reach height of 20 feet and 7 feet wide. The applicant is requesting a 6,000 sq. ft. building to accommodate these large sculptures. The sculpture shown below was created by the Applicant and is 19 feet high. In addition, the Applicant requests the ability to participate in a yearly open house in August to display his work for the year. III. Sll'E DESCRIPTION The 17 -acre property is generally located in Missouri Heights area northwest of Carbondale. The lot contains a single-family dwelling relatively hidden by mature vegetation and topography. The proposed 6,000 sq. ft. building will be visible from the County Road 100. The view of the site from County Road 100 is shown below: 2 Approximate Location of the Proposed Art Studio IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits as well as incorporated in the memorandum where appropriate. A. Bureau of Land Management: No Comments Received B. Garfield County Road and Bridge Department: Commented that the proposed CUP would have no negative impact on the County road system. (Exhibit E) 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. I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved bythe Board of County Commissioners shall either be in place or shall be constructed n conjunction with the proposed use; Staff Finding The studio will not require the water or sanitation service. The proposed building will not 3 include a bathroom or any restroom facilities. 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 proposed use will be from County Road 100. A driveway permit has been approved and issued by Garfield County Road and Bridge. The use will generate little additional traffic as the studio is not open to the public, will not have any retail or whole sale visitor sales conducted on the property, and has no employees which would generate trips to and from the property. Regarding deliveries, the Applicant states 2-3 deliveries will occur on a monthly basis. The applicant delivers sculptures to clients and art studios and picks up supplies with his own trailer, so limited to no shipments will occur from the property. Delivers and shipments will occur on a limited basis and Staff finds these activities will not create impacts on the county roads. As mentioned above, the Applicant requests the ability to participate in an Open Studio Weekend in August, each year. Staff finds that the request to open the studio to the general public will generate additional traffic / trips to and from the property; however, due to the very limited nature (one weekend per year) of this event, Staff finds this event will not generate significant traffic requiring improvements to the county road system. County Road and Bridge Department Review Lastly, Staff referred the application to the County Road and Bridge Department which, after their review, provided comments stating that the Department does not see that there would be any negative impact to the county road system and therefore the Department doe not oppose the approval of this Conditional Use Permit. A driveway permit allowing a commercial operation has been issued for access to County Road 103. A stop sign is required to be installed at the entrance of County Road 103 and shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). All conditions for the driveway access must be completed prior to issuance of the Conditional Use permit. 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 intent of permitting Home Occupations in the ARRD zone district primarily characterized by residential and agricultural 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: 4 "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. The Applicant has stated that the building will have similar appearances to the several accessory buildin • s in the area. Accessory Buildings Visible from Proposed Site Staff finds that of all the proposed Home Occupations reviewed by the Board, this Studio for the Arts and Crafts specializing in sculptures generates the least impacts, in that, all activities are conducted inside buildings, all materials are to be stored inside buildings, there is no noise, odor, vibration, or smoke generated from the use, no measurable additional traffic is generated, the use has no employees, and no signage or lighting is proposed. 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 5 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 Lots 2 and 14, Section 18, Township 7 South, Range 87 West, located at 7455 County Road 100, Garfield County with 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 specifically altered by the Board of County Commissioners. 2. The Applicant shall be allowed to open the studio to the general public for the Open Studio Weekend in August, each year. 3. The Applicant shall be prohibited from erecting any signage or lighting associated with the Home Occupation. 4. No retail or wholesale sales of any kind associated with the activities of the Home Occupation Studio for the Art and Crafts shall be allowed to take place at the property which requires any visitor traffic. 5. 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. 6. A stop sign is required to be installed at the entrance of County Road 103 and shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). 7. All conditions for the driveway access must be completed prior to issuance of the Conditional Use permit. 6 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: October 22, 2007 Comments Due: November 5, 2007 Name of application: James Surls & Charmaine Locke 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: Katy Middleton 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 as completed to the specifications of the permit issued on 9/27/2007 will be allowed for a commercial operation. As this will be a commercial business access a stop sign shall be required at the entrance to Cr. 103. The stop sign and the installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). Garfield County Road & Bridge Department request that all conditions for the driveway access be completed prior to issuing a Conditional use permit. The additional traffic volume stated in the application will not have a significant impact on the traffic load on Cr. 103 or Cr. 100. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date October 31, 2007 Revised 3/30/00