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HomeMy WebLinkAbout2.0 Staff ReportBOCC: 7/21/03 TP PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Conditional Use Permit to allow for a home occupation for firearm (gun) repair APPLICANT: Kathryn Marapese Revocable Trust REPRESENTATIVE: Eric Christian Hodera (business owner) — Blue Sky Gunsmithing LOCATION: 7741 County Road 233, Silt SITE DATA: Approximately 7 acres ACCESS: County Road 233 WATER: Well SEWER: Individual Sewage Disposal System EXISTING/ADJACENT ZONING: A/R/RD (Agricultural / Rural / Rural Density) I. DESCRIPTION OF THE PROPOSAL: A. Summary of Request: On behalf of the Applicant, the representative / business owner ("Business Owner") has applied for a conditional use permit for a home occupation for firearm repair. A letter of consent from the property owner has been submitted with the application. B. Site Description: The subject property is located at the intersection of County Road 233 and Peach Valley Road outside of Silt. The property is improved with a single family residence and an outbuilding. C. Project Description: Prior to starting up a firearm repair business, by Federal law, the Business Owner is required to obtain the appropriate permits from the County, which in this case is a Conditional Use Permit for a Home Occupation. Upon receipt of a Conditional Use Permit for the Home Occupation, the Applicant will be able to obtain the appropriate Federal Firearm License (FFL) from the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives). The Business Owner is proposing to occupy approximately 200 sq. ft. of space within an attached 4 -car garage. Storage of supplies and products associated with the home occupation, as well as all repairs will occur within this area. According to the Business Owner, a top of the line safe, located inside of the garage, will serve to store firearms when not being repaired. Marapese CUP BOCC: 7/21/03 Page 2 It is anticipated that there will be approximately 5 customer visits per week. Hours of operation will be 10:00 am to 7:00 pm, Tuesday, Thursday and Saturday. The Business Owner noted that small to medium sized packages will be delivered to the site twice per week by UPS or FedEx. D. Zoning: The subject property is zoned A/R/RD. Pursuant to section 2.02.29 of the Zoning Resolution, "Horne Occupation" is defined as "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 of impact of a commercial activity." E. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive Plan of 2000, as "Outlying Residential." Outlying Residential is consistent with the underlying zoning, which in the case of A / R / RD is a minimum lot area of 2 acres. The subject property is located within both the 2 -Mile Sphere of Influence of the Town of Silt. This application was not referred to the Town of Silt for comments. F. Adjacent Land Uses: Single family residences and agricultural use surround the subject property. G. Road/Access: The primary access to the subject area is an existing driveway off of County Road 233. H. Applicability: Pursuant to Section 9.02.03 of the Zoning Resolution, an application for a Conditional Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. Conditional Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. This section states that utilities adequate to provide water and sanitation service, street improvements, and design of the proposed use to minimize impact through various means shall be provided. Impacts are expected to be minimal due to the small nature of the proposed home occupation. These issues are discussed in detail in the body of this report. II. REVIEW CRITERIA FOR CONDITIONAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, conditional uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 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. Marapese CUP BOCC: 7/21/03 Page 3 Response: There is an existing well and septic system that serves the subject property. The Applicant has indicated that there will be no need for water use for the proposed home occupation or the use of the existing septic 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. Response: Access to the property is an existing shared driveway off of CR 233. No anticipated improvements to the existing driveway are anticipated. This application was not referred to the Road and Bridge Department for comment. 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. Response: The home occupation will occur within the existing garage. The Applicant noted that an 18" X 24" sign constructed of wood will be place on a low profile wood post at the entrance to the driveway. The sign shall comply with the county signs code. There should be no impacts to adjacent uses or properties as a result of the Home Occupation. III. 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 is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Conditional Use (Sections 5:03 and 9:02) the Garfield County Zoning Resolution of 1978, as amended. Marapese CUP BOCC: 7/21/03 Page 4 IV. RECOMMENDATION Staff recommends APPROVAL, with the following conditions: 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, including but not limited to: A. Hours: 10:00 am to 7:00 pm — Tuesday, Thursday and Saturday; B. The business will have a limit of one (1) employee; C. There shall be no appearance of commercial activity on the site; D. An 18" X 24" sign will be installed at the entrance to the driveway and shall comply with County sign code standards. 2. The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. 3. Any expansion of this use, the home occupation, shall require an amendment of the Conditional Use Permit. 4. The Applicant shall comply with all Federal licensing for the operation of a firearm repair business on the subject property. July 15, 2003 To: Garfield County Commissioners From: Albert J. Reynolds, 1502 County Road 214, Silt, Co.,81652 Margaret M. Reynolds,1502 County Road 214, Silt, Co., 81652 Tamara Vines, Groff Lane, Silt, Co.,81652 441t• Ref: Change of zoning at 774, County Road 233 to allow a gun shop in a dwelling at that location We the undersigned respectfully request that this change in zoning be denied. We feel that a gun shop at this location would take away from the value of our homes and certainly make them more difficult to sell if we decide to do so in the future. We have children in the area.. We do not have any idea as to what security they have. We do not know if anyone has a license and what kind of traffic is involved. We certainly feel it would be much better if the gun shop be located in an area that is zoned commercial. Thank you, Alber t J. Reynolds &I'(4L Margaret M. Reynolds Tamara Vines ,s,.\