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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.13.2005.pdfBOCC 06/13/05 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT LOCATION SITE DATA ACCESS WATER SEWER EXISTING ZONING I. REOUES'J' Conditional Use Permit (CUP) for a Home Occupation in the ARRD zone district. Alleghany and Jill Meadows Lot 8, Up Cattle Creek Subdivision 2.86 acres 73 Rocky Road Community Well ISDS ARRD The Applicant requests approval from the Board for a Conditional Use Permit for a Home Occupation to operate a pottery studio. 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 is a professional potter and requests approval to operate a commercial art I pottery studio on the same property as their single-family dwelling. The studio is comprised of two structures constructed side-by-side totaling approximately 1,600 sq. ft. where the newer metal building contains a kiln and the other structure contains the working studio where the art is made and stored. The Applicant states that the estimated amount of income which is generated by making art in this studio is approximately 60% of his total income. The remaining 40% comes from teaching at universities and art centers around the country. 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 1 with the studio. The Applicant makes the art I pottery at the studio and then transports the art to be typically shown in venues such as art gaJleries and museums around the country. The business is also comprised of occasional "commissions" and "special orders" taken from clients and which are made in the studio. These commissions are taken from meetings off premises primarily at the Aspen Farmer's Market. This comprises less than I 0% of sales. Such orders are locally delivered or shipped through the UPS terminal in Glenwood Springs. In addition, the Applicant requests the ability to participate in the following events which would be open to the general public: I) The annual Carbondale Community School fundraiser "Alt Studio Tour" which is for one weekend every October; and 2) An open studio weekend in the late spring, around Mother's Day, each year. ID. SITE DESCRIPTION The 2.86-acre property (also known as Lot 8 in the Up Cattle Creek Subdivision) is generally located in Missouri Heights area northwest of Carbondale and adjacent to Pinion Peaks Subdivision. The lot contains a single-family dwelling relatively hidden by mature vegetation and the 1,000 sq. ft. wood log studio. Interior of the studio shown below: 2 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. Town of Carbondale: 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/£) 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 of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The studio is located adjacent to the single-family dwelling owned and occupied by the Applicant. Water service to the property is provided from central community water well for the Up Cattle Creek Subdivision. Water is available in the studio from an existing shop sink and is primarily used for mixing clay. The Applicant states that usage is approximately 50 gallons a month. Staff discussed the proposal with the Division of Water Resources which stated that due to the minimal amount of water used, no change in any of the legal status for the water system would be necessary. Based on this minimal water usage, Staff finds that there is no need for additional water or sanitation to serve the studio. This standard is 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 Rocky Road which is an internal dirt I gravel road within the Up Cattle Creek Subdivision. 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 takes the pottery I art to the UPS or other delivery services in Glenwood Springs or Carbondale approximately once a week so no shipments occur from the property. Further, the Applicant makes three trips to Denver per year to bring back clay and supplies for the studio resulting in no regular deliveries occurring to and from the property associated with the studio. 3 As mentioned above, the Applicant requests the ability to participate in the following events which would be open to the general public including I) the annual Carbondale Community School fundraiser "Art Studio Tour" which ocurs one weekend every October; and 2) an Open Studio Weekend in the late spring, around Mother's Day, each year. Staff finds that the two requests to open the studio to the general public will generate additional traffic I trips to and from the property; however, due to the very limited nature (two weekends per year) of these two events, Staff finds these events 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 and site visit, 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. The Planning Staff and the Road and Bridge Department Staff find this standard to be met. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen [enc es 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: "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 I days of operation, traffic, employees, lighting and signage, and product sales and storage. Staff finds that of all the proposed Home Occupations reviewed by the Board, this pottery studio 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. 4 Homeowners Association Review The UP Cattle Creek Homeowners Association (the Association) met to review the Applicant's proposal for the Home Occupation and provided a letter to the County stating that they approved the Applicant's proposal to make pottery at the property but could not have set retail hours. As a result, Staff finds that the studio will have no negative affect on any adjoining property, is approved by the Homeowner' s Association, and does not have the appearance or impact of a commercial activity. Staff finds this standard is met. VI. SUGGESTED FINDINGS I. 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 8 of the Up Cattle Creek Subdivision located at 73 Rocky Road, Garfield County with the following conditions: I. 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 I) annual Carbondale Community School fundraiser "Art Studio Tour" which occurs one weekend every October; and 2) an Open Studio Weekend in the late spring, around Mother's Day, each year. 3. The Applicant shall be prohibited from erecting any signage or lighting associated with the Home Occupation. 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 which requires any visitor traffic. 5 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 Jun 02 05 02 :00p Distr i ct 1 970-945 -1318 Garfield County Road and Bridge, District 1 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 pb, 945-1318 fax Date: 06 -02 -05 To: Fred Jarman Building and Planning From : Bobby Branham Road and Bridg e Di st. 1 Re: Conditional Use Permit Alleghany and Jill Me adows 0073 Rocky Rd. Carbondale CO 81623 The road and bridge department does not see that there would be any negative impact to the coWlty road system, and therefore does not oppose this conditional use permit. Dis t. I Road and Bridge RECEIVED JUN 0 2 2005 G . A k.F1E' BU/LO/NG~DPCLAOUNTy NNING EXHIBl'Ti j .,_. J U .~-!:l -05 F~I JO:H AM Dl CK STEP HBS ON FAX NO. 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