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HomeMy WebLinkAbout4.0 BOCC Staff Report 06.16.1999• .g 642•>z L Comer/ ft1;"/ 17 iQt(-IG— f24- ESc9'ib..DI U (E$ BOCC 6/16//99 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow for a duplex in the A/R/RD district. APPLICANT: Dan Wiegner LOCATION: 306 County Road 301, south of Parachute SITE DATA: A .50 acre site surrounded by the Town of Parachute on the north and Battlement Mesa P.U.D. on the south ACCESS: County Road 301 WATER/SEWER: Town of Parachute EXISTING ZONING: A/R/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The 1984 Garfield County Comprehensive Plan places this site in District A: Urban Areas of Influence. The comp plan states: 'The Parachute Urban Area of Influence to the south of the River is almost totally subdivided. The Battlement Mesa Planned Unit Development covers nearly the entire Urban Area of Influence on that side of the Colorado River ". No comments were received from the Town of Parachute. II. DESCRIPTION OF THE PROPOSAL A. Site & Project Description: A modular home and detached shop currently occupy the site. Both buildings are serviced by the Parachute water system. The applicant submitted a building permit application and was directed to pursue a Special Use Permit in order to connect the shop via a breeze -way to the existing residence to create a duplex. (See letter page ). Site Layout: The shop/guest house lies at the northeast end of the site, in front of the home. A driveway runs from the road to both buildings with a parking area in front of both buildings. (See page ). 1 • • III. MAJOR ISSUES AND CONCERNS A. Zoning: The minimum lot size in the A/R/RD district is two (2) acres and is located within an existing subdivision. The maximum allowed lot coverage is 15% (section 3.01.05). The current lot coverage is at 15%. This application does not meet the standards set forth in the Zoning Resolution of 1978, as amended. A duplex is considered a special use in this zone district (Sections 3.02.03 and 2.02.285 Zoning Res.). Conditional and Special Uses: Special Uses are subject to the standards set forth in Section 5.03 of the Zoning Resolution. Utilities, street improvements, and design of the proposed use to minimize impact through various means are specified in this section. Provisions have been made to comply with these regulations. 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 special 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 and the 1984 Garfield County Comprehensive Plan. V. BOARD ACTION: An application for a Special Use Permit can only be approved or denied by the County Commissioners after holding a public hearing thereon in conformance with all provisions of this Resolution. The hearing must be held no later than sixty (60) days following the receipt of the Special Use Permit application from the Planning Director. The County Commissioners may refer a request for a Special Use Permit to the County Planning Commission for its review and recommendation, as in this case. The public hearing must be held within one hundred twenty (120) days of the receipt of the application. Any consideration of the Special Use Permit by the 2 • • Planning Commission must be undertaken at a public hearing for which the same notification has been given as that required for the hearing before the Board of County Commissioners. Notice for a hearing is the sole responsibility, and at the expense, of the applicant VI. BOARD REQUIREMENTS: The concurring vote of the majority of the County Commissioners shall be necessary to decide in favor of the applicant. The County Commissioners shall approve or deny the permit application and notify the applicant of their decision, in writing, within fifteen (15) days following the closure of the Public Hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is denied, such decision shall include reasons for denial. (A. 93-061) 9.03.05 Periodic Review: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. VII. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The Special Use Permit shall be issued when all conditions are met, and shall expire 180 days after issuance unless the structure has been constructed. Extensions can be granted by the Board of County Commissioners. 3 • • 3. That the all proposed structures are built and remain in place, as indicated on the site plan and application without modification for any reason. Any alteration or modification shall make the special use permit null and void. That no further expansion of any structure on the site as indicated in the application shall be allowed. 5. That the duplex units shall never be permitted to be held with separate ownership interests. 4