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Home My WebLink About2.0 BOCC Staff Report 10.19.1998E>0ligi7 y ?IT Olt"( Pt'P pkr,,e .__Mrr 2L --142-r /4P//2/64814/ BOCC 10/19/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A special use permit to allow an in the A/R/RD zone. APPLICANT: Ed Larsh ATTORNEY: Barbara Kozelka LOCATION: A tract of land located in portions of Sections 19 & 20 T7S, R88W of the 6th P.M.; Hwy 82, Carbondale, Colorado SITE DATA: 7.36 Acres WATER: Well SEWER: ISDS ACCESS: Hwy 82 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the special use permit is located in the Medium to High Density Residential (2 to less than six DU/Ac.) area as designated by the 1994 Garfield County Comprehensive Plan's Proposed Land Use Districts. This District is characterized by lands constrained by a lack of municipal water and sewer service, and by areas of localized environmental constraints. H. DESCRIPTION OF THE PROPOSAL Mon A. Site Description: The site is located south of Carbondale, west of Hwy. 82. (See location map pg. Y ) B. Project Description: The proposal would allow for the placement of an accessory dwelling unit west of the existing home, and south of the existing water tower. The ADU as proposed, would have a floor area of 400 square feet, with a wrap around porch linking the primary structure with the existing water/observation tower. (See Pg. 7-.)/ ) III. MAJOR ISSUES AND CONCERNS A. Zoning: The proposal is a special use as indicated in Section 3.02.03, Uses, Special of the Zoning Resolution of 1978, as amended. 13. Legal Access: Legal access will be provided by an access easement crossing Lot A, on the north, connecting with Hwy 82. The applicant has obtained Assignment of Interest and a Private Way License from RFRA for the expanded use. (See Pg. S//- '7 C. Water: The applicant has, on site, a well, of which the applicant has right to an un- divided one-half interest. The applicant's interest will allow for one primary and one secondary dwelling unit. D. Sewer: The existing single family dwelling has an isds which is capable of handling the additional unit. E. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards. If food sales are anticipated, the applicant should seek permitting through the applicable authority. F. Other Concerns: The applicant has on-site, a railroad caboose which had in the past been illegally converted into a dwelling. Subsequent inspection and enforcement action stopped the residential use of the caboose, but the applicant has failed to fully strip the caboose to return it to a non-residential state. The applicant was informed that the caboose could only be used as a static display, similar to a museum piece, or large lawn art. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 to allow for an accessory dwelling unit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL, finding that the proposed use is in compliance with all plans, policies, resolutions and regulations as adopted and amended by Garfield County, and that the approval be granted with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. That the applicant sign the affidavit as submitted with the application, and which may be amended as necessary to the satisfaction of the County. 3. That the applicant enter into the agreement as submitted with the application, and which may be amended as necessary to the satisfaction of the County. 4. The applicant is to move the Caboose to the proposed location and entirely strip the structure of all residential appurtenances, and that the applicant shall, at his own cost, request an inspection from the Building and Planning Department to determine compliance with this condition. 5. The applicant shall obtain a new street address for identification of his property. 6. The applicant shall obtain a building permit and any development shall comply with the application and site plan as submitted. 7. The applicant shall amend the Exemption Plat for said property to include the expanded building envelope, new access and remove said easement from plat as indicated in the Agreement as submitted. S Frac SHERRY A. CALOIA JEl-rlrRSON V. HOUPT BARBARA P. KOZELKA Mark Bean Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 September 11, 1998 VIA HAND DELIVERY Re: Application for Special Use Permit and attachments Dear Mark: TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Enclosed is a completed Application for Special Use Permit submitted on behalf of our client, Mr. Ed Larsh, seeking approval of an accessory dwelling unit. Attached to (or accompanying) the Application please find: call. • A narrative of the criteria and requirements for the Application to be approved. • Our law firm check in the amount of $400.00 for the base fee. • Exhibit A: a copy of the second amended plat for the Larsh Subd. Exemption (large size); • Exhibit B: an architect's drawing of the ADU (large size); • Exhibit C: a copy of the pertinent well permit and statement of beneficial use; • Exhibit D: a copy of the pertinent Basalt Water Allotment contract; • Exhibit E: a copy of a pertinent water sharing and easement agreement; • Exhibit F: a copy of Mr. Larsh's Warranty Deed and a related assignment of certain water rights; • Exhibit G: an enlargement of the vicinity map depicted on the plat; • Exhibit H: an excerpt from a copy of the relevant tax assessor's map; • Exhibit I: the original authorization letter from Mr. Larsh for me to act on his behalf , Thank you for your assistance. If you have any questions, please do not hesitate to give me Sincerely, CALOIA & HOUPT, P.C. Sherry A. Caloia SAC:bpk encl. cc: Ed Larsh LARSH-[lean-Itr CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEHHERSON V. HOUPT BARBARA R. KOZELKA John Barbee, Senior Planner Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 October 14, 1998 VIA HAND DELIVERY Re: Application for Special Use Permit for Edward B. Larsh Dear John: '"TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt®sopris.net Thank you for speaking with me recently regarding the above -referenced application. I have discussed with Mr. Larsh at length the County's requirements and concerns with his application, as you and I discussed. I have also walked his property with him. Mr. Larsh has authorized me to let the County know that he understands the restrictions on his the caboose, as you discussed with me. To that end, because Ed is out of town now and will be out of state on the day of the hearing, I am preparing a sworn affidavit for him to submit to the County at his hearing on Monday to provide his personal assurance that the caboose is being moved adequately away from other existing structures on the property, that it will be stripped of all amenities that make it usable as living space, and that it will be used merely as ornamentation and not as living space. Additionally, in accordance with your suggestion, Ed is arranging to have the observation deck connected to the ADU via a walkway/deck. Enclosed is a recent survey map showing the existing structures on the lot and the proposed ADU site; I believe I have (narked fairly accurately where the caboose will be relocated, but I need to confirm this with Ed. Ed has been trying to get the caboose moved and stripped; he is out of town and as of yesterday he thought the caboose had been moved already. I will check the status again before the hearing on Monday. Ed will return in early November and will be able to follow up on having the amenities removed. Also enclosed is the original proof of publication from the Glenwood Post, and the original returned receipts from most of the adjacent property owners (Union Pacific is not an adjacent property owner and notice to them was superfluous); I have two remaining receipts to track down. Only one adjacent property owner has contacted me with concerns (the Patricks) and I believe their attorney and I have made progress in resolving their concerns. Additionally, I have discussed with Ed that he needs a new "street" address for his lot and he has agreed to do this. I hope this resolves the County's concerns with this application. I would greatly appreciate your letting me know if you think any issue is not adequately addressed. LARSH-Barbee-ltr-2 - 5- CALOIA & HOUPT, P.C. John Barbee October 14, 1998 Page 2 BPK/fm encl. cc: Ed Larsh (w/encl) LARSH-Barbee-Itr-2 Sincerely, CALOIA & HOUPT fir' Barbara P. Kozelka 4 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON October 30, 1998 John Barbee, Senior Planner Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Permit for Edward B. Larsh Dear John: TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Thank you again for your availability to answer questions and clarify the County's concerns and issues throughout the pendency of Mr. Larsh's special use permit application, approved by the County with conditions on 10/19/98. Please let me know if the copies of Mr. Larsh's Affidavit and his Agreement with his neighbors, John and Debbie Patrick, furnished to the Commissioners on 10/19 need to be replaced in County files with the originals; I have Mr. Larsh's original signatures in my file. Mr. Larsh has requested of us that the permit be sent to him at the following address: Edward B. Larsh, 802 Redwood Lane, Pacific Grove, CA 93950. If this letter crosses the permit in the mail I will, of course, forward it to Mr. Larsh immediately. Otherwise, I would appreciate your placing this letter in the County file on this permit to indicate that further communications on this matter, if any, should be sent directly to Mr. Larsh at the above California address. Please call me if you have questions or concerns. BPK/fin encl. cc: Ed Larsh "t LARSH-Barbee-Itr-4 Sincerely, CAL IA & HOUPT, Barbara P. Koze ka ._t rip `"= 1998 41 a'sts "i C. s. :�1"Y