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Home My WebLink About1.0 BOA Staff Report 05.20.2002BOA 5/20/02 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: I. DESCRIPTION OF THE PROPOSAL Administrative Appeal of an interpretation of the Garfield County Zoning Resolution concerned with a use allowed in the Commercial/Limited Zohe District. Cinderbetts LLC A tract ofland located at 241 Mel Rey Road, Glenwood Springs A. Site Description: The subject property is located on the west side of Mel Rey Road in West Glenwood, at 241 Mel Rey Road. The property presently has an existing manufactured home on the property. B. Request: The appellant is contesting a determination by Mark Bean, Director, Garfield County Building & Planning Department, that a proposed motel does not meet the definition of a motel in the Garfield County Zoning Resolution and as a result, the building plans were rejected. {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- 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 beiow, 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, farniture, 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. B. It is the staft's position that the applicant cannot submit the same set of plans that were denied subdivision approval as an apartment complex and call the building a Hotel/motel or Lodge is defined in Section 2.02.31 (2), as follows: 2.02.30 Hotel, Motel or Lodge: A building providing six or more rooms for the lodging of members of the public (with or without meals) for compensation. The applicant submitted the attached building plans as a part of a subdivision -3- SECTION 202-A APARTMENT HOUSE is any building or portion thereof that contains three or more dwelling units and, for the purpose of this code, includes residential condominiums. A dwelling unit is defined in the UBC as follows: SECTION 205 -D DWELLING UNIT is any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or congregate residence for 10 or less persons. The Garfield Count Zoning Resolution has the following definitions that apply to the appeal: 2.02.18 2.02.19 2.02.22 Dwelling: A building or portion thereof used for residential occupancy. Dwelling Unit: One (1) ormore rooms in a dwelling occupied by one (1) family living independently of any other family. _ Dwelling,Multip_le-Family: A building containing three (3) or more dwelling units. By using the definitions in the Zoning Resolution and UBC, it staffs position that the appellant cannot submit the same plans that were reviewed as an apartment complex and just change the name and call the building a hotel/motel. 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. I V. RECOMMENDATION DENIAL of the requested appeal, based upon the position that the appellant cannot submit the same plans that were reviewed as an apartment complex and just change the name and call the building a hotel/motel. -5- 215 ~ 1. A chemkal that hus a n1cJian lethal dose tLD_:;n) of 50 mil Ii- ~ grams or h;<;s per kilogran1 or ho<ly weight \\.'hen administered ~ orally to atbinli r<1ts \vcighing hel\VCCn 200 and 300 grams each. F F 2. A chemical that has a n1edian lethal dose (LD50) of 200 mil- ~ Ii grams or kss per kilogram of body \Veight \vhen administered by ~ continuou~ ..::,1 ntact for 2-1. hours (or less if death oc.:urs \1.:ithin 2-J. ~ hours) v.·ith the bare skin of albino rabbits weighing between 2 and ~ 3 kilogran1" l'.l(h. ..., ..., F F F F F F F F F F F F F F F F F F F F F F F 3. A chemical that has a median lethal concentration (LC so) in air of 200 pans per n1illion by volume or less of gas or vapor, or 2 milligr:-inl) rer liter or less of n1isl. fume or dust. \\"hen adminis- tered by Cl'lltinuuus inhalation for one hour (or less if death occurs within one huurJ to albino rats \Veighing bcl\veen 200 and 300 grams each. Mixtures L'i these materials with ordinary materids. such as wa- ter, may 1101 \~·arrant a classification of highly toxic. While this system is l1asi1_·:1lly simple in application, any hazard evaluation that is required for the precise categorization of this type of materi- al shall be pcrfllfn1ell by experienced, technically competent per- sons. HORIZO\T\L EXIT. Sec Section 1005.3.5. HOTEL is any building containing six or more guest rooms in- tended or Jesigned to be used. or that are used. rented or hired out to be occupicJ. or that are occupied for sleeping purposes by guests. HOT· \YATER-HEATING BOILER is a boiler having a vol- ume exct'cJin~ l:?O gallons (45-J..2 L),_or a heat input exceeding 200,000 Btu h { l-llJ 540 k\V). or an operating temperature exceed- ing 210"F (t,.ll=CJ thal pro\·ides hol \Vater to be used c:xternally to itself. ~J HPl\tl ROO\I is a roo1n usc<l in conjunction \\'ith or serving a Group H. Di\·ision 6 Occupancy that hazardous production mate- rials (HP~l l 3re stored or used and that is classified as a Group H. Division 2. 3 l'f 7 Occupancy. F SECTION 210 -I ~ IRRIT:-\\T is a chemical that is not corrosi\'e but that causes a F revcrsibh: intl1n1n1atory effect on living tissue by chemical action ~ at the site lH . ..:l'ntacl. A chemical is a skin irritant if. when tested on ~ the intact skin uf albino rabbits by the methods of 16 C.F.R. ~ 1500.41 flH fl1ur hours' exposure or by other appropriate tech- ~ niques, it r(~LJlh in an empirical score of 5 or more . .-\. chemical is ~ an eye irri1ant if so dctern1incd under the procedure listed in 16 F C.F.R. 15l)l 1 . ..!2 or other appropriate techniques. F F SECTION 211 -J JlTRISDIC·r1<>N. as used in this code. is any political subdivi- sion that :idc•'.::-; this code for <1dr11i11istrative regulatiL1ns within i1s sphere of :1u::~i.'ri1~·. SECTION 212 -K SECTION 213 -L LINl"El. > .! ,lrll(llH:d :1l(n1lic1 pl:1ci:d o\·1.:r ;1n llrcning: or a re- cess in a\\ .: .;:\d ~up1•11rtill!; Vllll'>llllL"lion ahti\:.:. LIQU IJ F .1\)() [1ellL';~ .· .!:11, 1n;11..:rial 1h;1t !i:1-. .1 fluidit\' !.!!"·-.:.u;;r than that 11f .1..,111J:d1 '-\ hl·11 lt"-"il.'d in ;;c(11rd:1i11_·: \vith till· 1-10 1997 UNIFORM BUILDING CODE Unifonn Fire Code standards. When not othen\·ise identified. the term "liquid" is both flammable and combustible liquids. . LIQUID STORAGE ROO~I is a r<>om cbssificd as a Group H, Division 3 Occupancy used only for ihe storage of 11amn1able or combustible liquids in a closed condition. The quantities of llammablc or combustible liquids in storage shall not exceed the limits set forth in thl.! Fire Code. LIQCID STORACE \\'.\RE!IOL'SE ;, a Group H. Di\'ision) ()ccupancy used only for the stor;__ige of flammable or combustibh:: liquids in an unopened condition. The quantities of flan1mable or combustible liquids stored are not limited. LISTED and LISTING arc terms referring to equipment or materials included in a list published by an approved testing labo- ratory, inspection agency or other organization concerned \Vith product evaluation that main1ains periodic inspection of current productions of listed equipment or materials. The published list shall state that the n1aterial or equipment ...:omp!ies \Vith approved nationally recognized codes . .standards or tests and has been tested or evaluated and found suitable for use in a spt•cificd 111anner. LOADS. Sec Chapter 16. LODGING HOUSE is any building ur portion thereof contain- ing not more than five guest rooms \Vhcre rc:nt is paid in monl.!y. goods, labor or otherwise. LOW-PRESSURE HOT-WATER-HEATI\G BOILER is a boiler furnishing hot water at pressures not exceeding 160 psi ( 1103.2 kPa) and at ti:mpcratures not exi.:c:c<ling 250°F ( 121°C). LOW-PRESSURE STL\\1-HEATl\C BOILER is a bnilcr furnishing stean1 at prc . ..,sun::s not excceJing l:' psi ( 103.-l kPa). SECTION 214 -M ~'lARQUEE is a permanent roofed _..,;ructure attached to and supported by the building and projecting O\\:"r public propeny. Marquees are regulated in Chapter 32. l\rL-\SONRY is that furn1 of co11struc1ion composed of stone. hrick. concrete. gypsum. hol!o\\·-clay tik. concrete block or tile. glass block or other simihr huildin!.! units l'f mate: rials or coinbina- lion of these materials !:1iJ up uniZ hy uni! ::i.nJ set in 1nortar. M·\SONRY, S()LID. i~ ma.sonry of .;oliJ units built without hollcl\V spaces. MECHANIC.--\L C()I)£ i~ thl.' L ·11iform .tft.:L"ltanical ("ode pro- mulgated by the IntL'rnati1lnal Conferenc..:-uf Building Officials. F F F as adopted by this juri.sJiction. • MEZZANINE m '1EZZ.-\:\l\E FLOOR is an intermediate !loor placed \Vithin a roon1. ~IOTEL shall mean hotel a.s defined in this code:. MOTOR VEHICLE FLEL-DISPE\Sl\G STATION is that portion of a buildin!,! where tlammable or .:1.)mbustible liquids or gases used as mutor fuels arc .-;cored ;.ind di.;pens~d froin fixed equipment into the fuel t;ink.s of n1otor ·;d~il"k:->. SECTION 215 -N N<)NC<)\IBCS'rIBLE. ;1-... ;11111licU :,1 hu~iJing l'.011.structiun n1atcrial. n1ean:-. a 111:1kri.1l th.11. i.1: the ['1 ~Tin -.\·hich it is us..:d. is l·ither one of till.! h11!u\\·in!.!: l. .'vlaLcrial of which 1111 p:in \\ill il!r:it..: ;ind burn when .suh- jeL"tcd to fire. ,\ny matcri;il uinlnrn1ing:-1.1 i L·Bc Stantktrd ~-l shall hl' L'UllSidercd llOllt'llrlli'tl'·,llbl.._: ',\ i11Ji11 t)\:.: :;~·,;;'.!:ii:~ nf IJiio.., "LClitlll. ~. i\.latcrial ha\'ill!.! :1 ... 1ructur:d l\1:-.c (J; i1Ufll\11nhuo..,lihk 111Jtl.'ri- al ;1.s defined in ltl.'111~ I. '.\ i11l .1 ..,trrl.11_·in~ --:::::;;ri.d not 1 ivcr t . ._ i11d1 (.~.2111111) thief\ wllldl li:r .1 ll.1Jl\L'.-.(1r1'.;. · ·";·,i:'.'..'. of ~II 11r k:-.". '•••. eo · • I ---1 ~-.--- "' \~ .. ' . ..... ··------ ·' ( , ......... . 1., .( IG:-;-;; -- -T --- \-I \) I ~~··.~I I .• < .... •, ( -• lA. ! -............... '-.. .- I-?O <ffi?.. ; : .. ~ ~' ... .. ........... .. ) ••••• ...... •·tee', ' " R C.ARI N G FORK ' "' SCHOO L 8 1 To i E ••m~• I I 0 u ~I ~~) 8 ~) @ ~I t. "" I ..: ~ tj !;, L d I •. l. \, . \.I April 17 , 2002 Cinderbetts, LLC CID Duane Stewart 361 Southside Drive Basalt, CO 81621 RE: Building Pennit Application Dear Mr. Stewart: Garfield County Building & Planning Department As a result of a review of your application for a hotel/motel building pennit for property located 241 Mel Rey Road, we have detennined that the application cannot be approved as submitted. The plans submitted for the building pennit for the hotel/motel are identical to the plans submitted for an apartment complex at the same address. It is our _ position_that _the same structure_originally submitted as an apartment co mp lex cannot be classified as a hotel/motel. It is staff's position that by submitting the same plans for a hotel/motel that were submitted previously for a multiple-family dwelling, the use has not changed from the original application, which was identified as a multiple-family dwelling. A multiple- farnily dwelling is defined as follows: 2.02.22 Dwelling, Multiple-Family: A building containing three (3) or more dwellings. A dwelling is defined in the Zoning Resolution as follows~ 2.02.18 Dwelling: A building or portion thereof used for residential occupancy. To be hotel/motel the plans need to meet the definition of a motel/hotel. The Zoning Resolution defines a "hotel/motel or lodge" as follows: 2.02.30 Hotel/Motel or Lodge: A building providing six or more rooms for lodging of members of the public (with or without meals) for compensation. 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 In addition to these issues, please note that Section 3.07.05 of the Zoning Resolution allows the following: "The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum often percent (10%) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts." Given the adjoining residential uses, any plans submitted for a hotel/motel will have to be reviewed by the Board of County Commissioners to determine whether or not adequate screening has been provided. Any plans submitted as a motelthotel need to resemble a hotel/motel. The plans as submitted do not change anything but the statement of what the building type will be. The County will issue a building permit for a motel/hotel on the proposed lot as allowed by zoning, but the plans need to fall within the definitions noted previously. If you have any questions, you may call or write to this office at your convenience. You may also want to review the provisions of Section 9.04.01 of the Zoning Resolution, regarding an appeal of an administrative decision. Mark L. Bean, Director Building & Planning Department Xe: Board of County Commissioners Don Deford John Schenk ' t QUA LITY I-A,·!<( WALL C ONST RU C TION FIRST FLOOR AB (F·. 1 \BOVE F I RST FLOOR AD F 112 STORY/FINIS H , ATTIC AD F !BASE M ENT UNF INIS H ED 1'3ASEMENT FINISHED T'J TAL BASE COST ADJUSTE D B A SE C OST l APPLIANC ES AND MEC H A NIC AL ·CARPORT F M AF p GARAGE AH F Al A PORCHES COV ERED IOPENIPORCHES WOOD BALCON I ES ENCLO SE D POR C HES TERRA CE I PATI OI CONC STAIRS O R STAIRW E L L BU I L D ING PERMITS s 1---------~ s . ----s 1--------~~ s R EMARK S ON IMPROVEMENTS M M M F Q; B ARC H. STY L E 11 EXTERIOR WALLS WO SID. T-11 1 FR.STUC BAK.VEN STON E BLK.STUC. BRK!BRK MASON LOG ALUM.SID. IN TER II G s s WINDOWS IN TE R.CO WOOD ALUM INTER .I A RO OF TYPE SMOOTH x FLAT SHED SELF -CU GABLE HIP TRASH CJ q (c ' W S 'S . GAMBREL RIDGE FR. f--+-...L..i.-+-----IC---'--"''----t-----+-------1 INTERIO R FINISH H ~ FORCED j GRAV In HOT WTF · I x r··. UNFINISH PLAST DRYWALL ~ WA LL BO EX. LOG PANE L O THER IT EMS QUALITY FLOORS & FLOORING BSMT HOT WTR . CARPET VINYL SOFT WO HARD WO CE A TILE HD TILE ROOF COV ERI NG ASPSHING AL CO MP T OT AL R .C .N. $ PRO PANL SPAN TILE AREA FACTO R __ % ADJ. R.C.N. S CEDAR SH BUILT UP \} i CR METAL SLATE T·LOCKS DEP RECI ATI ON YEAR BUILT YEA R ADD/REM % RE M/ADD ADJ.YR BUil T NORM %GO OD CO MP.FOR AGE FU NCT. OBS ECON . OBS ADJ .% GOOD x % TO TAL R.C.N.l.i. S NO. UNIT ECTRN A I R CL. HUM I D I F I ER . El.WALL KT . ...:l~r AT. FAN WITI M TH A U .WAL L A i C APP LI AN CE S & MECHAN I CA L TOTAL S ._._._._II -. . . . . . I • . r 11 . :CD .• .. : ;J: . . . . l. ':/ . (:,· ·-·---~···-·----r . . . . . . . . . . I ·./·'1 it. ..... ·'6·if\ -~ l ........ /" ... ·>~--..._-'/ --->--:- COST