HomeMy WebLinkAbout2.0 BOA Staff Report 09.24.2007~
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Garfield County Zoning Regulation s of 1978, as amended (the Zoning Code)
Staff Memorandum
Application
Memo from Jake Mall of the Garfi el d County Road and Bridge Department, dated
8-16-2007
Conditional Use Permit for The B asalt Congregation of Jehovah 's Witnesses, 0097
Lions Ridge Road , Carbondale, CO, recorded 4-4-2007
Resolution Number 2007-31 for a Conditional Use Permit to allow a Church on a
property owned by The Basalt Congregation of Jehovah's Witnesses, 0097 Lions
Ridge Road, Carbondale, CO, recorded 4-4-2007
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BOA 9-24-07 DP
Staff Report to the Board of Adjustment
Project Information and Staff Comments
REQUEST:
APPLICANT I OWNER:
LOCATION:
SITE DATA:
ACCESS:
EXISTING ZONING:
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a. Variance from Lot Coverage Requirement of 15%
b. Variance from 2 acre minimum lot size
c. Variance from front setback of 50' from front property line
Basalt Congregation of Jehovah's Witnesses
0097 Lions Ridge Road
41,382 sq. ft. (.95 Acres)
Lions Ridge Road
ARRD (Agricultural I Residential I Rural Density)
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Existing Conditions
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Basalt Congregation of Jehovah's Witnesses
Variance Requests
0 170 340 680 Feet
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Existing Site Plan
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Proposed Site Plan
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Photos of Existing Kingdom Hall
1. Description of the Proposal
The Applicant requests a variance from the maximum lot coverage, a variance from the 2
acre minimum lot area requirement, and a variance from the front setbacks. The Application
states that the building was first constructed 30 years ago (Assessors Database states 1974)
and had a one bedroom apartment added to the facility in 1989. The Applicant is now
interested in replacing the building along with the parking facilities. More specifically, the
Applicant is requesting a variance for the following aspects of the Zoning Resolution:
a. Maximum Lot Coverage -The Applicant requests a variance from the minimum lot
coverage requirement of 15% in the ARRD zone district. The building, parking and
walkways currently cover 57.4% of the subject lot. As the property was developed in
1974, this use on the property is considered to be legal nonconforming in this
regard as the current Zoning Resolution was adopted in 1978. The redevelopment
of the property to accommodate a larger building would increase lot coverage by
6.0% to 63.4% of the total lot area. A variance must be granted in order to increase
the non-conformity.
b. Minimum Lot Area -The Applicant requests a variance from the minimum lot area
requirement of 2 acres in the ARRD zone district. The current lot size is 0.95 acres.
Staff understands that the lot was created as prior to 1971. As such, the lot size is
considered to be legal non-conforming since Garfield County first adopted zoning in
this area of the County in 1973. A variance is requested to recognize this non-
conformity.
c. Front Setbacks -The ARRD zone district requires a minimum setback of 25' from
the property line or 50' from centerline of a local street, whichever is greater. The
Applicant has proposed that the 50' from the centerline of the road is greatest. The
design of the building which the Applicant wishes to construct employs a 'porte
cochere' (drive-through) which would extend into the front setback by approximately
7 feet. This would then reduce the front setback from 50' to 43'.
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2. Applicable Variance Regulations
2.02.33
2.02.35
l.02.48
Lot Area: The total horizontal land area within the boundaries of a lot
Lot Covern~e: .The po1tion of a lot which i; coYerod or occupied by buildings. ;trucmres.
parking and dnye-,,
Setback: The minimum dimension of a required yard.
§9. 05. 03 Action bv the Board of Adjustment: After the proper forwarding of an application
for variance to the Board and where by reason of exceptional narrowness,
shallowness or shape of the specific piece of property at the time of
enactment of this Resolution, OR by reason of exceptional topographic
conditions or other extraordinary and exceptional situation or condition of
such piece of property, the strict application of any regulation enacted under
this Resolution would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the owner of such property, the Board
may authorize, upon the application relating to said property, a variance from
such strict application so as to relieve such difficulties or hardship, provided,
however:
(1) That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardship upon the owner of said property;
Staff Comments:
a. Maximum Lot Coverage -The maximum Jot coverage as stated in the Zoning Resolution of
1978, As Amended is 15%. As the lot is 0.95 acres or 41,382 square feet, the Applicant is
legally able to encumber 6,207.3 square feet with buildings, structures, parking and drives.
The Applicant states that 57.4% of the lot is currently covered by buildings, structures,
parking and drives (including the easement for Lions Ridge Road which occupies 2,840
square feet of the subject property). The Applicant is proposing to cover 63.4 % of the subject
lot with the new facility. As the definition for lot coverage does not include roadways, it is
Staff's interpretation that the actual proposed lot coverage (minus Lions Ridge Road) is
50.5% currently and 56.5% proposed. Although 6,207.3 square feet is a highly restrictive
space for a place of worship, it is not so small that it prevents the reasonable use of the
property in accordance with the Garfield County Zoning Resolution of 1978 or the Conditional
Use Permit for a Church which was recorded on April 4, 2007. This lot coverage does,
however, prevent the Applicant from using the property in the manner which is proposed in
the Application. As Staff feels this Variance request is not warranted and to this end, Staff
believes this requirement is not met.
b. Minimum Lot Area -The ARRD zone district requires a minimum lot area of 2 acres. The
subject parcel is 0.95 acres. Staff understands that the lot was originally created prior to
1971. As Garfield County first adopted zoning in this corridor in 1973, this lot is currently legal
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non-conforming. As the Applicant is not proposing to change the lot size any further, it is
Staff's opinion that such a variance is not necessary.
c. Front Setbacks -The ARRD zone district requires a minimum setback of 25' from the
property line or 50' from centerline of a local street, whichever is greater. The Applicant has
proposed that the 50' from the centerline of the road is greatest. The design of the buildings
which the Applicant is proposing infringe on the front setback of 50' from centerline by 7',
leaving a 43' setback from centerline. As the request to infringe on the required setback is the
result of the building design chosen by the Applicant (notably the drive-through), it is Staff's
opinion that this does not warrant a variance as the setback has not been demonstrated to
cause an undo hardship on the Applicant. As such, Staff believes this requirement is not met.
(2) That such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose of
the General Plan or this Resolution;
Staff Comments:
a. Maximum Lot Coverage -Staff does not see any potential detriment to the public good.
However, please refer to §1.07 (Below) of the Garfield County Zoning Resolution for the
intent of buildings, structures, uses, lots, and lot coverage. Without decisive practical
difficulties or notable undue hardship, approval of this variance request will impair the intent of
the Garfield County Zoning Resolution. In addition, this would only apply if Staff or the BOA
feels a Variance is warranted. As Staff does not feel this Variance is warranted, this
requirement is not met.
b. Minimum Lot Area -Staff does not see any potential detriment to the public good. The
ARRD zone district requires a minimum lot area of 2 acres. The subject parcel is 0.95 acres.
Staff understands that the lot was originally created prior to 1971. As Garfield County first
adopted zoning in this corridor in 1973, this lot is currently legal non-conforming. As the
Applicant is not proposing to change the lot size any further, it is Staff's opinion that such a
variance is not necessary.
c. Front Setbacks -Staff does not see any potential detriment to the public good. However,
please refer to §1.07 (Below) of the Garfield County Zoning Resolution for the intent of
buildings, structures, uses, lots, and lot coverage. Without decisive practical difficulties or
notable undue hardship, approval of this variance request will impair the intent of the Garfield
County Zoning Resolution. In addition, this would only apply if Staff or the BOA feels a
Variance is warranted. As Staff does not feel this Variance is warranted, this requirement is
not met.
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§1.07 APPLICATION OF REGULATIONS
These regulations shall apply to the entire unincorporated area of Garfield
County, Colorado. Except as hereinafter provided:
No building or structure shall be erected nor shall any existing building or
structure be moved, removed, altered or extended nor shall any open
space surrounding any building or structure be encroached upon or
reduced in any manner, except in conformity with the lot area, lot coverage,
floor area ratio, setback and height provisions hereinafter provided in the
Zone District Regulation for the district in which such land, building or
structure is located;
(3) That the circumstances found to constitute a hardship were not caused by
the applicant, are not due to or the result of general conditions in the district,
and cannot be practically corrected;
Staff Comments:
a. Maximum Lot Coverage -The proposed variance is based on the Applicant's desire to
accommodate a larger structure and its associated parking. To this end, Staff feels that the
hardship is being caused by the Applicant in their choice of structures. To this end, it is Staff's
opinion that since this variance request is not warranted, that this requirement is not met.
b. Minimum Lot Area -As the lot was created prior to zoning in Garfield County, the hardship
was not caused by the Applicant, are not due to or the result of general conditions in the
district, and cannot be practically corrected. However, as the lot is understood to have been
created prior to 1971 and Garfield County first adopted zoning in this corridor in 1973, this lot
is currently legal non-conforming. As the Applicant is not proposing to change the lot size any
further, it is Staff's opinion that such a variance is not necessary.
c. Front Setbacks -The proposed variance is based on the Applicant's desire to
accommodate a larger structure and its associated parking. To this end, Staff feels that the
hardship is being caused by the Applicant in their choice of structures. To this end, it is Staff's
opinion that since this variance request is not warranted, that this requirement is not met.
3. Suggested Findings:
a. Maximum Lot Coverage -
Staff finds the applicants request does not meet the intent of the Garfield Zoning Resolution
in respect to nonconforming uses. Additionally, the request does not meet the criteria set
forth for variances; and,
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b. Minimum Lot Area -
1. Proper public notice was provided as required for the hearing
before the Board of Adjustment.
2. The hearing before the Board of Adjustment was extensive and
complete, that all pertinent facts, matter and issue were
submitted and that all interested parties were heard at that
meeting.
3. For the above stated and other reasons, the proposed Variance
is not in the best interest of the order, prosperity and welfare of
the citizens of Garfield County.
4. That the application is not in conformance with the Garfield
County Zoning Resolution of 1978, as amended.
Staff finds the applicants request does not meet the intent of the Garfield Zoning Resolution
in respect to nonconforming uses. Additionally, the request does not meet the criteria set
forth for variances; and,
c. Front Setbacks -
1. Proper public notice was provided as required for the hearing
before the Board of Adjustment.
2. The hearing before the Board of Adjustment was extensive and
complete, that all pertinent facts, matter and issue were
submitted and that all interested parties were heard at that
meeting.
3. For the above stated and other reasons, the proposed Variance
is not in the best interest of the 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.
Staff finds the applicants request does not meet the intent of the Garfield Zoning Resolution
in respect to nonconforming uses. Additionally, the request does not meet the criteria set
forth for variances; and,
1. Proper public notice was provided as required for the hearing
before the Board of Adjustment.
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2 . The hearing before the Board of Adjustment was extensive and
complete , that all pertinent facts , matter and issue were
submitted and that all interested parties were hea rd at that
meeting .
3 . For the above stated and other reasons , the proposed Variance
is not in the best interest of the order, prosperity and welfare of
the citizens of Garfield County.
4 . That the application is not in conformance with the Garfield
County Zoning Resolution of 1978, as amended .
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sr:;.e~~mendation:
ADf,I OJ/a. Maximum Lot Coverage -
1~ As it is Staff's opinion that the request does not meet the requirements for a variance ,
Staff is recommending the Board of Adjustment DENY the Applicant's request for a
var ce from the maximum lot coverage of 15 %.
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roJ/b. Minimum Lot Area -4 As ii is Staff's opinion that a variance is not necessary, Staff is recommending the Board
of Adjustment DENY this the Applicant's request for a Variance from the minimum lot size
of 2 acres. r 0" -oj
))"'1 __j c. 'Fr~nt Setbacks -
As it is Staff's opinion that the request does not meet the requirements for a variance,
Staff is recommending the Board of Adjustment DENY the Applicant's request for a
Variance from the front setback of 50'.
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GARFIELD COUNTY
Building & Planning D epartment
Review Agenc y Form I
Date Sent: July 25, 2007
Comments Due: August 16, 2007
Name of application: Basa lt Congregation of Jehova h's Witnesses
Sent to:
EXHIBIT __.. ,-
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Garfield County requests your comment in review of this project. Please notify the
Planning Depa1tment in the event you are unable to respond by the deadline. This form
may be used for your re sp o n se, or you may attach your own additional s heets a s
necessary . Written comments may be mailed, e -maile d , or faxed to:
Garfield County Building & Pla nning
Staff contact: David Pesnichak
109 81h 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 thi s
application with the following comments .
The driveway access to the c hurch will b e exempted providing the new parking lot and
access are connected pavement to the edge of th e paved portion of Li o n's Ridge Ro ad.
A st op s ign s hall b e installed a t the driveway access e ntrance t o Lion 's Ridge Road . The
stop s ign and installation sha ll b e as required in the M UTCD (Manua l o n Uniform Traffic
Control Devices ).
Name of review agency: Garfi eld County Road a nd Bridge Dept
By: Jake B. M a ll Date July 3 1, 2007
Rev ised 3/30/00
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Reception~: 720431
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EXHIBIT
I G
CONDITIONAL USE PERMIT
for
TH E BASALT CONGREGATION OF JEHOVAH'S WITNESSES
0097 Lions Ridge Road, Carbondale, CO
Parcel Number: 2391-304-00-018
In accordance with and pursuant to the provisions of the Garfield Co un ty Zoning Resolution
of 1978, as amended, and Resolution No. 2oo1 -3 1 of th e Board of County
Commissioners of Garfield CoWlty, State of Co lorado, hereby authorizes , by Co nditional Use
. Permit, th e following activity :
CHURCH
This Co nditional Use Pennit is iss ued subject to the condi tion s set forth in the above-
mentioned resolution, and shall be valid onl y during compliance with such co nditions and
other applicable prov isi ons of the Garfield County Zo ning Resolution, Subdivision
Regulations, Building Code, and other regulations of th e Board of Coilllty Commissioners of
ty, Colorado.
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GARFIELD COUNTY BOARD OF
CO MMISSIONERS, GARFIELD
COUNT , OLORADO
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l~H -ST A TE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield Coun ty Plaza Building, in
Glenwood Springs on Mo nday , the 19 1h day of March, 2007, A. D. there were present :
John Martin , Commis s ioner Chairman
----------------~ Larrv McCown , Commissioner ------------------~
__ T_re_s_i _H_o_u+-p_t ------------' Commissioner
__ D_o_n_D_e_~_o_rd ____________ , Count y Attorney
Jean Alberico • Clerk of the Board -----------------__ E_d_G_r_e_e n _____________ , Coun ty Manager
when the following proceeding s, among ot hers were had and done, to -wit:
RESOLUTION N0.200 7 -31
A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE
PERMIT TO ALLOW A CHURCH ON A PROPERTY OWNED BY THE BASALT
CONGREGATION OF JEHOVA H'S WITNESSES LOCATED AT0097 LIO NS RIDGE
ROAD , GARFIELD COUNTY, COLORADO
Parcel ID: 2391 -304-00-018
WHEREAS , the Board of Co unt y Co mmi ss ion ers of Garfie ld County, Colorado (t he Board),
received an application for a Conditional Use Permit (CUP) for a Chu rch on a propert y owned by the
· Basalt Congregation of Je hovah's Witnesses, lo cated at 0097 Lion s Ridg e Road, Garfie ld Co unty,
Colorado; and
WHEREAS, the Board held a public hearin g on the 19 1h day of March , 2007, upo n th e
ques tio n of wheth er the above described CUP shou ld be grant ed or deni ed, at which hearing the
public and interested persons were giv e n the opportunit y to express the ir opinion s co ncerning th e
approval of said CUP; and
WHEREAS, the Board, on the bas is of substantial competent ev ide nce produ ced at the
.aforementioned heari ng, has made the foll owing determinati on of fact as liste d below:
1. That adequate pu bli c noti ce was provided as re qu ired for the hearin g before the
Board of CoL1n ty Com mi ss ioners and pro of th ereof submitted in the record:
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2. That the hearing before the Board of County Conunissioners was extensive and
complete, that sufficient 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 Sections 3.02.02, 5.03, and 9.02 of the
Garfield County Zoning Resolution of 1978, as amended;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Conditional Use Permit is hereby approved subject to compliance with all
of the following specific conditions:
I. That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Conunissioners, shall be conditions of approval, unless altered by the
Board of County Commissioners.
2. Appropriate building permits shall be obtained for any future improvements;
3. There shall be no off street parking associated with this use;
4. The Applicant shall comply with all requirements of the Garfield County Zoning Resolution of
1978, as amended;
5. An engineered Individual Sewage System shall be constructed simultaneously with any future
improvements;
6. The Applicant shall provide verification that the site plan provided accurately depicts the
boundary lines of the subject property;
7. All exterior lighting shall be directed downward and inward, towards the interior of the subject
property;
8. Stop signs shall be established on the subject property at all points of egress;
2
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Reception#: 720430
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3 of 3 Rec Fee:$0 00 Doc Fee: GRRFI COUNTY CO
Dated this ~ day of=~-'-P"~=·----' A.D. 20Q]_.
ATIEST GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUN COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
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=C=O~M=M=I=S=S=IO=N~E=R~T=R=E=S=J~H=O~U=P~T ______________ ,Aye
ST A TE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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