HomeMy WebLinkAbout2.0 BOCC Staff Report 04.03.1989BOCC 4/3/89
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Special Use Permit for a guest
house
APPLICANT: Roger & Amelia Eshelman
LOCATION:
A parcel located in a portion of
Section 18, T7S, R87W; more
practically described as a parcel
located approximately three (3)
miles north of the Catherine's
Store/Highway 82 intersection, off
of C.R. 100.
SITE DATA: A 3.26 acre parcel
WATER: Individual well
SEWER: Individual sewage disposal system
ACCESS: C.R. 100
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in District C, Rural Areas, Minor Environmental
Constraints.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site slopes from the east to the west,
with slope ranging from approximately 5% to 20%. The predominant
vegetation is big sagebrush and western wheatgrass.
B. Project Description: It is proposed to place a manufactured home
on the property initially and then construct a primary residence
within two (2) years. The manufactured home would then become a
guest house. Both units would be served by a single well and
will meet the I.S.D.S. requirements of the County. There is an
illegal mobile home on the property presently.
III.MAJOR ISSUES AND CONCERNS
A. Zoning: The A/R/RD zone district allows a guest house as a
Special Use, with the following stipulations:
1. The gross floor area used for residential occupancy
shall not exceed 1000 sq. ft.
2. The minimum lot size shall be 50% larger than the minimum
required for the zone district.
3. The length of stay of a guest shall be limited to 30 days,
unless said guests are grandparents, parents, siblings or
children of the residents of the primary residence.
Page Two
1. The proposed manufactured home/guest house measures 24" x 37"
(888 sq. ft.). The 3.26 acre lot is 50% larger than the 2.0 acre
minimum lot size in the A/R/RD zone district. The length of stay
issue should be a condition of approval, expanded to say that the
guest house shall not be used as a rental unit.
The manufactured home proposed to be used, meets the basic
criteria for placement of a manufactured home contained the
Zoning Resolution with one exception. The manufactured home
presently has a metal roof that is not "painted a non -reflective
color and permanently affixed to the metal by a manufacturer".
It is proposed to take the existing roof off and replace it with
a metal roofing material pre -painted by the manufacturer a
non -reflective color. This is a modification of the structure
that cannot be inspected by a HUD certified inspector since they
do not inspect outside the factory. Additionally, the letter
from David T. Whidden indicates that the entire roof structure
has been modified, (See letter page /O ) which results in a
question of interpretation of the criteria for placement of a
manufactured home. It has been the Planning and Building
Department's understanding that the manufactured home must meet
the criteria contained in Section 5.03.01(2) when they come out
of the factory. (See Sec.5.03.01(2) page // ). Otherwise
the Building Department is put in the position of having to
approve single wide (12' to 14' wide) unit expansion proposals to
meet the previously noted criteria. This is a policy and intent
interpretation needed from the Board.
2. The proposed well would service the manufactured home until the
primary residence is built. At that time, the well would serve
the primary residence and the manufactured home would be served
by a storage tank. The applicant's well permit is a "household
use only" permit, that allows the use of the groundwater for
"fire protection, ordinary household purposes in a single family
dwelling and the watering of the user's non-commercial domestic
animals". it further states the "groundwater shall not be used
for irrigation, or other purposes". According to the Division of
Water Resources, this would be considered two dwelling units and
is not a legitimate use of the groundwater.
3. It is proposed to place the manufactured home on a foundation
that was previously inspected by the County Building Inspector,
but it was for a standard stick built home. It will require
modification of the existing foundation to place an manufactured
home on it, according to the Building Inspector.
IV. SUGGESTED FINDINGS
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 that hearing.
3. 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,
provided all conditions of approval are met.
IF APPROPRIATE: That the proposed manufactured home is
consistent with the intent of Section 5.03.01(2) of the Garfield
County Zoning Resolution.
Page Three
V. RECOMMENDATION
APPROVAL of the guest house Special Use permit, subject to the
following conditions:
1. That all proposals of the applicant shall be considered
conditions of approval unless specified otherwise by the Board of
County Commissioners.
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3. Tnat once the guest house use is established, the west house
will not be used as a rental unit.
4. That any manufactured home placed on the foundation existing at
the time of this application is subject to additional permit
review and approval by the Building Inspector.
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