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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.20.1993P E. -L L S Y F BOCC 9-20-93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for a guest house APPLICANT: Brenda C. Slappey J.00ATION: Located in a portion of Section 25, T.S.S., R91 W; located at 1795 County Road 245, near the Town of New Castle. SITE DATA: Site consists of 12.10 acres WATER/SEWER: Well/ISDS ACCRSS: Access easement off of County Road 245 EXISTING AND ADJACENT ZONING: A/R/RD ADJACENT ZONING: North: A/R/RD South: A/R/RD East: A/RJRD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in District C - Rural Areas, Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts map. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located dir- west of the Elk Creek Development, along the west side of County RoaThe property currently includes a small log cabin and an ISDS. A vicinity map is attached on page -aS B. Development Proposal: The applicant is requesting a Special Use Permit to permit an existing 30'x 25' existing log cabin as a guest house. The applicant intends on constructing a primary dwelling on the property and retaining the log cabin as a guest house. The purpose of the guest house is to provide a temporary residence for family and guests. A site plan for the property is attached on page IH. MAJOR ISSS AND CONCERNS 1. Section 2.02.285 of the Zoning Resolution defines a guest house as an "Accessory, detached building, which is designed and used to house nonpaying visitors and guests of the occupants of the main building of the site." 2. Section 5.03.025 specified that the "Use of a structure as a guest house must meet the following conditions as well as all other standards applicable to residential use: (1) The gross floor area or the area used for residential occupancy shall not exceed one thousand (1,000) 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." 3. The proposed guest house is currently located near the southwest corner of the property. Plans submitted with the application indicate that the structure is approximately 750 square feet. (see site plan on page ). 4. The minimum lot size for a guest house in the A/R/RD zone district is three (3) acres. The parcel subject to this application exceeds twelve (12) acres in size, far in excess of the minimum lot size. 4. The applicant intends on providing water to the guest house off an existing well permit. The applicant has submitted two well permits with the application. The first permit (#146453) is a shared agreement allowing the Slappey's to provide water for one dwelling unit with an adjacent property owner (Walter Huber - parcel 132 and 133). The second well permit (# 170965) was obtained to ensure water rights for a second dwelling unit on the property. Both well permits are attached on pages (30 Y 3 / . Although staff does not dispute the existence of an agreement, it would be appropriate for the County to retain a copy of the agreement with the SUP file (see condition #4). 1. That proper publication and public notice was provided as required by law 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 the hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 'Phone conversation with Dwight Whitehead, Division of Water Resources, Glenwood Springs, on September 15, 1993. a V. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. The applicant shall have 360 days from the date of the Resolution of Conditional Approval to meet all conditions set forth in the Resolution. The Special Use Permit shall be issued when all conditions are met and shall expire 360 days after issuance, unless construction or use have commenced. 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 \4` primary structure. Loc- QiiJ Prior to the issuance of a SUP, the well sharing agreementiwith Walter Huber shall be submitted to the Planning Department for the file. Mai to -A 3 -D