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Home My WebLink About2.0 BOA Staff Report 05.20.2002.pdfREQUEST: APPLICANT: LOCATION: ) BOA 5/20/02 MLB PROJECT INFORMATION AND STAFF COMMENTS Administrative Appeal of an interpretation of the Garfield County Zoning Resolution concerned with a use allowed in the Commercial/Limited Zone District. Terry Kirk A tract of land located at 455 Main Street, Silt I. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the west side of the TownofSilt, at 455 Main Street.(U.S. Highway 6). The property presently has a small commercial business that includes the rental of equipment. B. Request: The appellant is contesting a determination by Steve Hackett, Garfield County Code Enforcement, that a proposed mixing of small amounts of up to two cubic yards of preprocessed materials (water, sand, gravel, cement) in the trailer mounted units on the property and then allowing a customer to haul the material to the site for use, is not allowed in the Commercial/Limited zone district as a use by right. (See attached appeal) II. MAJOR ISSUES AND CONCERNS A. Zoning: Section 9.04 states that an individual may appeal a determination of an administrative official of the County that results in the person not being able to obtain a permit. Section 9.04 states the following: 9. 04 ADMINISTRATIVE APPEAL & INTERPRETATION -1- 9.04.01 9.04.02 Al!]Jlications: Appeals to the Zoning Board of Adjustment ("Board") may be taken by any person aggrieved by his inability to obtain a permit (other than a Special Use Permit), or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Resolution. Appeals may also be taken by any officer, department, board or bureau of the County affected by the grant or refusal of a permit, other than a Special Use Permit, or by other decision of an administrative officer or agency based on, or made in the course of, the administration or enforcement of this Resolution. Appeals to the Board must be made in writing and filed with the Board within seven (7) days of the action or decision appealed and a copy shall be given by the appellant to any official or agency from which the appeal is taken. A timely appeal stays all proceedings in furtherance of the action appealed from, unless any officer or agency from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay, in his opinion, would cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record or the Board upon proper application. No restraining order shall be issued by the Board except after notice to the officer or agency from whom the appeal is taken and only if due cause is shown. Action by the Board of Adjustment: The Board shall have the powers and duties to hear and decide appeals as set forth in Section 9.05.03 of this Resolution. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide inf avor of the appellant. The appellant has made a timely appeal of the detennination of Mr. Hackett and the Board will need to make a determination. The Commercial/Limited zone district allows the following uses: 3.07 3.07.01 ( C/L --COMMERCIAL/LIMITED Uses. by right: Single.family, two.family and multiple-family dwelling, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park; boarding and rooming house; hotel, motel, lodge; -2- 3.07.02 3.07.03 Church, community building, day nursery and school; auditorium, public building for administration, fraternal lodge, art gallery, museum, library; Hospital, clinic, nursing or convalescents home; group home for the elderly. Office for conduct of business or profession, studio for conduct of arts and crafts, provided all activity is conducted within a building; Commercial establishments, as listed below, provided the following requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; ( 4) No dust, noise, glares or vibration is projected beyond the lot; Wholesale and retail establishment including sale of food, beverages, dry goods, furniture, appliances, automotive and vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials; Personal service establishment, including bank, barber or beauty shop; Laundromat laundry or dry-cleaning plant serving individuals only; miniature golf course and Accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading room, private club, theater and indoor recreation; ·General. service establishment, including repair and service of automotive and vehicular equipment, vehicular rental, service and repair of appliance, shop for blacksmith, cabinetry, glazing, machining, mini- storage units, printing, publishing, plumbing, sheet metal and contractor's yard. Uses, conditional: Row house; home occupation; parking lot or garage as principal use of the lot. Uses, special: Automotive service station or washing facility; camper park; mobile home park; communication facility, correction facility. Any use, by right, in this zone district used principally as a drive-in establishment where the customer receives goods or services while -3- occupying a vehicle; water impoundments, storage, commercial park; utility lines, utility substations; recreational support facilities. B. It is the staff's position that the mixing of concrete materials on site, regardless of amount of material, would be classified as "processing of natural resources". Processing of natural resources is a use allowed by Special Use in some of the other zone districts in the County Zoning Resolution. Processing is defined under Industrial Operations Classification uses in Section 2.02.31 (2), as follows: 2.02.31 Industrial Operations Classifications: Industrial uses shall be classified under one (I) ofthefr;Jllowing categories, which characterizes the dominant feature of the operation for purposes of regulation under this Resolution: (2) Processing: "to subject to some special process or treatment, as in the course of manufacture"; [change in the physical state or chemical composition of matter the second step in utilization of a natural resource; examples inc ude petroleum refining, oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing, creation of glass, ceramic or plastic materials, gravel crushing, cement manufacture; concrete batch plants; Included in the above definition are the examples of"cement manufucture, concrete batch plants". The appellant could just as easily rent the "mixers" and sell the client the material in a bag for transport to the site. While this use may seem innocuous in the small amounts, it is staff's opinion that allowing the mixing of materials in small or large amounts on a site, constitutes a processing operation that is not allowed in the Commercial/Limited zone district in any form. Since there is no way of defining a limit, short of changing the language in the Zoning Resolution, all such operations would constitute a processing operation per the definition of industrial processing. The C/L zone district is a commercial retail/wholesale/service area, not an area intended to allow for industrial uses, even by Special Use permit. IV. SUGGESTED FINDINGS 1. That the application for an appeal of an administrative interpretation was found to be consistent with the requirements of Section 9. 04 of the Garfield County Zoning Resolution of 1978, as amended. 2. That the public meeting before the Zoning Board of Adjustment was extensive and complete, that all fucts, matters and issues were submitted and that all interested parties were heard at the meeting. -4- ) V. RECOMMENDATION DENIAL of the proposed of the requested appeal, based on the argument that allowing the mixing of materials in small or large amounts on a site, constitutes a processing operation that is not allowed in the Commercial/Limited zone district in any form. ~ '~1 nj f?l-01~ ~ ~ -;M.. s1lc-bf' .f/tv a,on./Mt~