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HomeMy WebLinkAbout3.0 BOCC Staff Report 01.20.2003.pdf,) \~ \ ~ ''·I ~\ \~ ~ BOCC 01/20/03 FAJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: Conditional Use Permit to allow for a home occupation in the ARRD zone district. Mike and Nettie Miller 0208 County Road 227, Rifle, CO Approximately 6 acres County Road 227 Well ISDS ARRD I. DESCRIPTION OF THE PROPOSAL ·A. Project Description: The Applicant requests a Conditional Use permit to legitimize an existing subcontractor's glass business currently operating on the property as a "home occupation." The Applicant I owners live in a residence on the property and currently operate a subcontracting glass business installing glass for new construction and residential work. Operationally, the business is owned by Mike and Nettie Miller and has no employees. Orders are taken by phone Monday through Friday from 8:00 to 5:00 PM. There are no "walk-in" customers. The glass is ordered, delivered to the shop building on the property, then taken to the particular job for installation. It appears glass delivery to the home occurs once or twice a week between the hours of 10:00 and noon. Once the glass is delivered to the property, the owners I applicant places the glass in a pick-up and goes to the particular job sites leaving in the morning and returning at the end of the day. The shop building where all the glass is stored is a single story 35' x 40' building resembling a garage with a pitched roof and located approximately 190 feet from CR 227. All the glass is stored in this building. B. Site Description: The property is generally located north of the Colorado River halfway between Rifle and Silt and contains approximately 6 acres in size. Structures on the property include a single-family dwelling, shop building, barn, chicken coop, outbuilding, and cistern. The driveway onto the property is accessed from CR 227. The driveway is approximately 900 feet from Highway 6 and serves the residence and the shop building. The property is 1 characterized by undulating topography containing typical vegetation such as sage and oak brush. There is a ditch running through the property. C. Background: The property owner was cited for a zoning violation by Steve Hackett, Garfield County Compliance Officer,_Marcb of 200], for the existing commercial glass business operating on the property which is defined as an illegal home occupation because it did not have a conditional use permit. The citation placed the owner on notice to remedy the zoning violation by applying to the county for a conditional use permit for a home occupation. That is the reason the applicant has applied for this permit. II. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000, this site lies within the 2 mile sphere of influence of Silt in an area designated as "outlying. residential" which maintains a recommended density of 2 acres per dwelling unit. III. REVIEW STANDARDS 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. Section 5.03 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; (A97- 60) Staff Finding The primary function of the home business is storage of glass in the existing shop building. As such, the proposed type of home occupation does not include the use of water as an integral element of the use. Moreover, there is no need for additional utilities for sanitation service that is required for the operation of the business. Staff finds 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 con1unction with the proposed use; Staff Finding The single-family residence and shop building are presently served by a driveway from CR 227. The traffic generated from this home occupation is characterized in two forms: 1) glass deliveries to the property twice a week, and 2) daily trips to and from the property to and from job sites. The Applicant states that the business pickup is loaded with glass to be taken to the particular job site leaving once in the morning and returning at the end of the day. Additionally, there are no employees entering or leaving the property and there is not walk-in traffic to the property. Due to this low volume of trips generated by the current operation, Staff finds no street improvements are needed as a result of this home occupation. Staff finds 2 this standard is met. 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 single-family residence and shop building are presently served by a driveway from CR 227. The shop building is a 35' x 40' single-story structure thatlooks like agarage and is set back 190 feet from CR 227. This structure predates the use. There are no signs or special lighting to indicate that a commercial business is located and operating on the property. Staff finds this standard is met. Section 2.02.29 Definition: Home Occupation ''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." Staff Finding Based on the above, a site-visit to the property, and photographs taken, it appears the home occupation is consistent with the definition listed above. IV. 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. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the request for a Conditional Use permit to allow a home occupation for Mike and Nettie Miller on a property located at 0208 County Road 227, Garfield County with the following conditions: 3 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. 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. VI. RECCOMENDED MOTION "I move to approve the request for a Conditional Use permit to allow a home occupation for Mike and Nettie Miller on a property located at 0208 County Road 227, Garfield County with conditions." VII. PLEASE NOTE Once the Board makes a decision regarding the Conditional Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Conditional Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Conditional Use Permit certificate until the applicant has satisfied all conditions of approval. The Conditional Use Permit approval is not finalized until this office has issued the Official Conditional Use Permit certificate signed by the Chairman of the Board of County Commissioners. ·-.,, 4 Board of County Commissioners Garfield County, Colorado 01-20-2003 To Whom it May Concern: We have no quarrel with the Millers. However, as the owners of an adjacent property that is in use as our residence, we have concerns about their application for a special use permit to allow them to operate a business. Those concerns center around two primary areas: First, the possible decrease in property value of our home and property (and the possible difficulty in finding potential buyers should the need arise), and Second: the probable increase in traffic along Miller Lane and the driveway into the Miller's property that is along our north property boundary. We are absolutely opposed to any change in the zoning of this property, as the surrounding area is largely rural residential. We understand that this Board can make no guarantees about what will happen to the value of our property. We are told that the applicants are not asking to operate a retail business at the Miller Lane location. If this Board considers the granting of .a special use permit, we ask that the permit be granted with the following stipulations: The permit will allow the Millers to store glass products, take delivery of glass products, maintain business records, and receive telephone calls for installation of glass products. No retail sales or installation of glass products will be allowed on the premises. The permit will be non-transferable. Any new ownership of the business will necessitate a new application for special use permit. The applicants will be allowed to post the numeric of their address along Miller Lane, but no advertisements or posting of the business name will be allowed along Miller Lane. Any deviation from the stipulations attached to the special use permit will result in the forfeiture of the use permit. Thank you for consideration of these comments. Sincerely, Herbert and Ada Wagstrom Sent By: lh; Board of County Commissioner5 Garfield County State of Colorado 1 OB 81" Street Glenwood Springs, CO 6033729742; Dec-9-02 10:01AM; December 9, 2002 RE: REQUEST FOR CONDITIONAL USE PERMIT Mike and Nettie Miller 0206 CR 227 Rifle, CO 91650 Dear Commmissioners: I own the property directly across the street from the Millers, who have requested a Conditional Use Permit to run a glass business from their home. We already have the eyesore of Chelewski Pipe on the corner of Hwy 6 and CR 227. The property in question is the 410 residence from the intersection of Hwy 6 and CR 227. The entire road, except for Chelewski Pipe is residential. If this application is approved, where does the "sprawl" slop. When we bought our home we realized that eventually we would have more neighbors once the ranchers sold out to the developers. We never envisioned living in the midst of an ''industrial parkway". There is plenty of that in Sill and Rifle and do not feel we need to extend commercial use into the residential areas. The traffic has already increased on CR 227 and of course we have no policing to control the speeding. Adding commercial deliveries to the glass business would not add to the esthetics of our neighborhood. There Is already a large volume of traffic to the property in question, which brings up another question that I have been wondering about. There are at least three "buildings" being occupied and several RV's that are being lived in. on the 0208 Miller Property. Is it zoned for this type of usage? Bottom line, I am NOT in favor of granting this Conditional Use Permit to the property at 0208 CR 227, Rifle, CO. I hope you make the best decision for the long term future of !fil'. neighborhood. Thank you. Sincerely _/) (}(11a£J1 ·· (1 cULt:-t-c:J) Lisa L Caskey J 0275 CR 227 Rifle, CO 81650 970-625-4468 Page 1 I 1 November 20, 2002 · Mike & Nettie Miller P . 0 . Box897 0208 Miller Lane Silt , CO 81652 Dear Mike & Nettie , Garfield County B UILDIN G & PLANNI N G DE PARTMENT Code Compliance Office shackett@ garfield-county.com Thanks for the meeting with Mike on November 14, 2002 and Netties' letter of the same date. Your neighbors were concerned about the RV being used as a dwelling. Hopefully you have had the opportunity to tal k with them about your plan s. As far as this office is concerned there are currently no Garfield County zoning code violations on your property, wjth the exception of your need for a "home occupation" cond itional use permit . Thanks for your cooperation. Yours truly , Cc : Senio r Planner Fred Jarmin 108 8th St reet, Suite 201, Glenwood Springs, Colorado 81601 (970) 9 45-8212 (970) 285 -7972 Fax: (970) 384-34 70