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HomeMy WebLinkAbout2.0 BOCC Staff Report 04.11.1994BOCC 4/11/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for a guest house APPLICANT: Matthew Van Portfliet LOCATION: A parcel of land described as Lot 10 of the Teller Springs Subdivision; more practically described as a tract located approximately six (6) miles south of Glenwood Springs, off of County Road 109. SITE DATA: 7.096 acre site WATER: Teller Springs Water System SEWER: ISDS ACCESS: County Road 109 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN The tract is in Comprehensive Plan Management District D; Rural Areas/Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The parcel in question is a 7.096 acre tract within the Teller Springs subdivision. Presently, there is a garage/barn with an attached 960 sq. ft. dwelling unit on the lot.. B. Description of the Proposal: The applicant is proposing to use the previously noted dwelling unit attached to the garage/barn as a guest house. A larger single family dwelling unit will be built as the primary residence on the lot. Both dwelling units will be utilizing an individual sewage disposal system. Water will be supplied by the Teller Springs subdivision water system. Access will be from an access easement off of County Road 109. III. MAJOR ISSUES AND CONCERNS A. Zoning: A guest house is allowed by Special Use permit in the A/R/RD zone district. Section 5.03.025 establishes the following standards for a guest house: 1. The gross floor area or area used for residential occupancy shall not exceed one thousand (1000) square feet. 2. The minimum lot size shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone district; and 3. The length of stay of a guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. The applicant has not stated the purpose of the guest house, other than as a result of a discussion with the Board on 12/13/93 regarding a "caretakers" house. The applicant's original building permit stated that he intended to build a "barn with caretaker apartment over top" (see page ' • ). The same permit application was reviewed and approved with the statement "this is approved as a Single Family dwelling, not as a guest house or a caretaker unit". Subsequently, the Building Department did issue a Certificate of Occupancy for a "barn with a caretaker apartment". This was issued without the legal authority to do so and as a result, a letter was written to the applicant clarifying the issue (see pag' Si • ). This application complies with the basic zoning requirements in terms of the size of the guest house and the minimum acreage required to qualify for a guest house. B. Water: It is proposed to use the Teller Springs water system to supply water. The system was approved as a part of a water augmentation plan. The augmentation plan was approved for up to 21 single family dwellings and does not include any guest houses or other type of accessory dwelling. According to Dwight Whitehead, Division of Water Resources, it will be necessary for the Teller Springs Homeowner's Association to amend the decree contained in Augmentation Plan 90CW267, to allow for additional dwellings. Mr. Whitehead said that there may be enough water to physically meet the water needs for the subdivision, if the augmentation plan can be amended. It appears that the system may have some limitations in terms of engineering design. Any approval of a guest house needs to be contingent upon a registered engineer certifying that the water system as designed can provide enough water for 21 principal dwellings and 21 guest houses. Or, if that statement cannot be made, the engineer needs to provide design modifications to the system that will meet physical supply requirements and the Homeowner's Association will have to guarantee that the improvements will be made to the system. C. Use: The applicant has not really specified his intended use of the property. As noted previously, a "caretakers" unit was originally anticipated. That seems to imply longer term residence by a guest, than the 30 days allowed by the zoning resolution, for people other than the owner's grandparents, parents, siblings or children. Any approval should make it very clear that the guests are to be nonpaying and not allowed to stay more than 30 days in one calendar year. IV. SUGGESTED FINDINGS 1. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all parties were heard at the meeting. 2. That the proposed special use conforms to the application requirements of the Garfield County Zoning Resolution of 1978, as amended. 40 411b 3. That the proposed land use will be compatible with existing and permitted land uses in all directions if appropriate conditions are attached to the permit. 4. That the proposed use will comply with all applicable standards contained in the Garfield County Zoning Resolution of 1978, as amended. 5. That for the above stated and other reasons, the proposed special use is consistent with the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION APPROVAL of the proposed guest house Special Use permit, subject to the following conditions of approval: 1. That the length of stay of a guest shall be limited to 30 days in any one calendar year and that the guest house will not be used as a rental unit. 2. Th prior o issuance • ' the Gu plica obtain fro ' he Telle cop .fan ame - d water p ary dwe g units House •ecial Use ermit, t► prings H • eowner's ssociati. , a gmentati • plan tha lows fo - the 21 d 21 guest ► • uses/acce ory dwe • g units. 3. That prior to issuance t ee RRr, • : provide a letter fromxregtserecrp o 1 engineer to the Cunt , certifying that the existing water system ci meet the 1 requirements for 21 primary dwelling units andxi