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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.19.2008BOCC 05/19/08 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST Conditional Use Permit (CUP) for a Home Occupation in the ARRD Zone District APPLICANT Charles Knuth and Heidi McGuire REPRESENTATIVE Nancy V.A. Smith, Architect LOCATION Lot 1A, Park Subdivision 1215 CR 112 ACCESS County Road 112 WATER Existing Well SEWER ISDS EXISTING ZONING ARRD I. REQUEST The Applicants are 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. GIS Aerial View of property 1 BOCC 5/12/08 Knuth/McGuire CUP KE II. PROJECT DESCRIPTION The Applicants propose to conduct their business in existing space above a two -car garage which currently exists on the property. The second level of the garage is currently utilized as storage space and is proposed for conversion into a studio to be utilized by the property owners to conduct their business - event production & corporate theatre. The work includes preparatory set-up via phone, fax, internet and email with the actual production completed on-site of the event or show. The business consists solely of the property owners and there are no employees, no vendor/suppliers/inventory or shipping traffic associated with the use. Customers will not visit the site as the prep work is done electronically. The Applicants have been utilizing space in their home to accomplish the prep work for their business, however they now seek to have a separate area dedicated solely to this use. The structure, as it currently exists contains a two -car garage on the first level with approximately 784 square feet of storage space. The applicant will utilize the existing space and are currently in process of designing an expansion to the structure which will add a garage bay as well as expand the second level area. The following photographs identify the house and the adjacent garage as well as the driveway from CR 112. III. SITE DESCRIPTION The subject property is 4.28 acres and is located northeast of the Town of Carbondale on theGa- weesst4- side of County Road 112. Current improvements on the property consist of a two story primary dwelling unit and a two -car garage. The site has a currently Special Use Permit for a Resort (Resolution 2002-20), a permit which the Applicant's have no desire to use. IV. REFERRALS Staff referred the request to the following for comments. The comments can be found attached as exhibits. 2 BOCC 5/12/08 Knuth/McGuire CUP KE A. Town of Carbondale: EXHIBIT G B. Carbondale & Rural Fire District: No Response C. Garfield County Road and Bridge: EXHIBIT H D. Garfield County Public Health: EXHIBIT I E. CDPHE: No Response F. HOA: None exists to respond to the application 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 wtth the proposed use; Staff Finding The existing garage is located adjacent to the Applicant's primary dwelling unit. Utilities are already in place to support the proposed home occupation. The applicant has submitted a well permit sufficient to serve the site and the proposed use, however the well permit is still in the name of the previous owner and should be amended to reflect the Applicant's name. The existing ISDS is sufficient to serve the use. 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 County Road 112. Additional traffic related to the proposed use is not expected. The home occupation has no employees and will not entertain clients at the site. Garfield County Road and Bridge responded to the application (EXHIBIT F) and had not comment other than that the existing driveway will be exempted for this application. 3) Design of theproposed 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 utdtzed 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. The proposed home occupation will be conducted inside an existing structure. The aerial view of the property shows that 3 BOCC 5/12/08 Knuth/McGuire CUP KE vegetative cover provides a buffer from adjacent properties and the previous photos clearly show the residential nature of the buildings themselves. 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 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 finds that the proposed Home Occupation can 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. Staff recommends that the Board of County Commissioners APPROVE this request for a Home Occupation for the property owned by Charles Knuth and Heidi McGuire at1215 County Road 112 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 altered by the Board of County Commissioners. 2. Appropriate building permits shall be obtained for the proposed changes to the existing garage structure. 3. 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. 4. All operations of the home occupation shall be conducted within the dwelling or accessory building. 5. No signs advertising the home occupation may be placed anywhere on the subject property. 4 BOCC 5/12/08 Knuth/McGuire CUP KE 6. 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. 7. The Applicant shall be prohibited from erecting any signage or lighting associated with the Home Occupation. 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 LA* sired 5 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: April 7, 2008 Comments Due: April 28, 2008 EXHIBIT Name of application: Knuth and McGuire 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: Kathy Eastley 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 objection to this application with the following comments. The existing driveway will be exempted for this application. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date April 9, 2008 Revised 3/30/00 Kathy A. Eastley From: Janet Buck hbuck@carbondaleco.net] Sent: Thursday, April 17, 2008 11:50 AM To: Kathy A. Eastley Cc: Fred Jarman Subject: Knuth/McGuire Home Occupation Kathy — EXHIBIT Thank you for referring the application for the Knuth/McGuire Conditional Use Permit. I have reviewed the application and found no significant impacts to the Town of Carbondale. As always, we appreciate the opportunity to review the land use applications. Janet Buck Town of Carbondale 4/17/2008 Kathy A. Eastley From: Jim Rada Sent: Tuesday, April 29, 2008 11:01 AM To: Kathy A. Eastley Subject: CUP3508, Knuth and McGuire Attachments: Jim Rada.vcf Kathy, EXHIBIT 1 44 The nature of this business and the changed use of the garage space will benefit the property in that the ISDS is designed to accommodate a 5 bedroom house. The only additional comment is that the water well permit provided with the submittal appears to still be in the name of the previous owner. I believe DWR rules require new well owners to apply for a change of well ownership upon property transfer. The following is an excerpt from the DWR website regarding well ownership. http://water.state.co.us/groundwater/groundwater.asp Although I don't necessarily think this is grounds for denial, I would encourage the current owners to take care of this requirement as soon as possible; perhaps as a condition of approval. We11 ownership transfer — Each time the ownership or mailing address of a permitted well changes, a "Change in Ownership/Address" form (GWS -11) must be submitted to this office. No fee is required. The form can be downloaded from our website at hltp://wii'w.wciter.state.co.us, or may be obtained free of charge from the Denver office or any one of our seven division offices (see Contact Information, on the back of this guide). Thanks for the opportunity to review this application. Jim Kada, RD h5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-county.com Web www.garfield-county.com 5/13/2008