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Home My WebLink About2.0 BOCC Staff Report 04.20.1992n:, cf. 4 4 N6 .--- __ !2. 4 ) 4/20/92 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for a guest house APPLICANT• Richard and Eldena Clouse LOCATION: Located in the SW1/4SE1/4SW1/4 of Section 1, T6S, R93W of the 6th P.M.; located on C.R. 223 approximately one mile north of Hwy 6 and 24 in the Antlers area. SLI'ED_AIA: Site consists of 10 acres WATER/SEWER: Well/proposed ISDS ACCESS: Driveway off C.R. 223 A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in District B - Subdivisions/Rural Serviceable areas '/2to 1 mile with Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts map. II. DESS'RIPTION OF THE PROPOSAL A. Site Description: The subject property is flat, former pasture land. Improvements on the property include partially completed garage/guest house, storage building and a single family residence. The property has frontage on C.R. 223. Adjacent land uses consists of Red Barn Stables to the south and residential/farms on the remaining adjacent parcels. B. Development Proposal: The applicants are requesting a Special Use Permit for a guest house. The purpose of the guest house is to provide a temporary residence for the applicants and their family until they can complete their primary residence. The applicants are currently residing illegally in the guest house pending the outcome of the Special Use Permit. C. Background: The Clouses originally obtained a Building Permit to begin construction on their residence and garage in 1987. At that time, they obtained a Temporary Mobile Home Permit for one year to live m during construction. This permit subsequently expired June 6, 1990. In late 1991, staff became aware that the applicants had modified their garage into a residence and were living on site without benefit of the appropriate building permits. In order to resolve this zoning violation, the applicants have applied for a use permit to allow the guest house. III. MAJOR ISSUES AND CQNCERNS 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 consists of a three (3) room converted garage with kitchen and restroom facilities. Approximate floor area is 900 square feet. 4. The applicants have not obtained a Building Permit for the remodel from a garage to a guest house. This permit should be obtained, the building inspected and certified for residential occupancy prior to any continued residential use. 5. The garage/guest house is served by an unpermitted septic tanklleachfield system. This system is presently failing. This system should be permitted, repaired and inspected prior to the continued use of the system. 6. The applicants have a household -use only well to serve the property. This is insufficient to serve both residences. The applicants have indicated that they will contract with West Divide Water Conservancy District in order to obtain sufficient water rights to expand the use of the well. A new well permit will be required. 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 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. V. RECOMMENDATION APPROVAL, subject to the following conditions: l . 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 primary structure. 4. The applicants shall vacate the guest house until the following have been completed: a) An ISDS Permit has been issued for the existing wastewater system serving the guest house, that permit has been installed in accordance with that permit and certified by the Building Department. b) A Building Permit for the conversion of the garage has been issued, any required changes have been made and approval for occupancy has been granted by the Building Department. 5. The applicants shall obtain a well permit, which is sufficient to accommodate two (2) residences. 6. The applicants shall have one (1) year to complete construction of the primary residence and assume occupancy from the date of a Special Use Permit resolution. This permit shall be re-evaluated by the Board after one (1) year to determine compliance. h March 20, 1992 Richard and Eldena Clouse 0450 C.R. 223 Rifle, CO 81650 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL RE: Special Use Permit - Guest House Dear Clouses: Your request for a Special Use Permit, identified on the enclosed public notice form, has been scheduled for a public hearing before the Board of County Commissioners on April 20, 1992, at 11:00 a.m., in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you be present at the hearing. A copy of the enclosed public notice should be submitted to a newspaper of general circulation, either the Valley Journal/Rifle Telegram or the Glenwood Post, for publication one time at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining the proof ofpublication and billing. In addition, copies of the public notice form must be mailed by certified return -receipt to all adjacent property owners no less than 5 days prior to the hearing. All mailings should be completed no later than April 14, 1992, to ensure compliance. The proof of publication from the newspaper of general circulation and return -receipts from the mailings must be submitted by the applicant at, or prior to, the public hearing. Please contact this office if you have further questions regarding your application or the public hearing. Sincerely, Andrew C. McGregor Planner ACM/rib Enclosures (7-t q 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 PUBLIC NOTICE • 4 TAKE NOTICE that Richard and Eldena Clouse have applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: The SW1/4SE1/4SW1/4 of Section 1, Township 6 South, Range 93 West of the 6th P.M. Practical Description: Located on C.R. 223 approximately one mile north of Hwy 6 and 24 in the Antlers area. Said Special Use Permit is to allow the Petitioners to establish a guest house on the above described properties. All persons affected by the proposed Special Use Permit are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special Use Permit request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Special Use Permit. This Special Use Permit application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That public hearing on the application for the above Special Use Permit has been set for the 20th day of April, 1992, at the hour of 11:00 a.m., at the office of the Board of County Conunissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County J S f3 Pr) V l 4 • �' _.?mss=w�'�'. 's�"�{-' ,. COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company Amount of Insurance: $ 28,000. 00 SCHEDULE A Premium: $255.00 Date ofPolicy: September 28, 1989, at 7:59 A.M. it { • • - ._.:+C ft..4 MMnn01 POLICY OF TITLE INSURANCE RICHARD L. CLOUSE AND ELDENA M. CLOUSE 2. The estate or interest in the land described herein and which is covered by thisolic is P y RICHARD L. CLOUSE AND ELDENA M. CLOUSE 3. The land referred to in this policy Is described In the said instrument is situated �tuated in the County of follows: , State of Colorado " ` F , and is identified as ,.:TOWNSHIP 6, RANGE 93 WEST of the 6TH P, i SECTION:1: SWI/4SE1/4SW1/4 P.M. Policy No. 107-729763 File No. 8908013 Fee Simple and is at Date of Policy vested In: :4� 1' • Policy No. 107-729763 File No.. 8908013 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. , 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and rnot shown by the public records. ilitinpftentad �mnlning claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 6. 'Any and ali unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. { .i. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 15, 1892 in Book 12 at • Page 169. fl. Easement and right of way for County Road No. 223 insofar as it may affect subject property. !Deed of Trust from Richard L. Clouse and Eldena M. Clouse to the Public Trustee of Garfield County for'the use of Colorado National Bank - Glenwood to secure an original amount of $28,377.50, dated September 25, 1989 and recorded September 27, 989 in Book.763 at Page 815. I. r;c, r 1 r t . 1 mineral rights as reserved by Leroy 0. Scollin and vanita M. Sco .,,5 ger 27, 1969 in Book 763 at Page 814, and any interests' } { li. iY R-1•54%.1 v. 76 • Application must ' be complete where applicable. Type or print in BLACK 1NK. No overstrikes ]r erasures unless nitialed. • C DRADO DIVISION OF WATER RESOE,,1tS LIVED 818 Centennial Bldg., 1313 Sherman St., Denver, Coloradp . 2Q3 C 2 1989 RECEIVED SEP 0?1.1 PERMIT APPLICATION FORM X ) A PERMIT TO USE GROUND WATER {) A PERMIT TO CONSTRUCT A WELL X) A PERMIT TO INSTALL A PUMP ewe >og( ) REPLACEMENT FOR NO. 11111114100010,R ( ) OTHER WATER COURT CASE NO -r 44 '1) APPLICANT - mailing address (IAME Richard & Eldena Clouse TREET 0245 Co. Rd. 335 WATER RESpUR ces �A$ 1 EN61$EER Imo, RECEIVES r AUG 241989 WATER tralltieta STATL. MOM C CITY New Castle, Co. 81647 (State)) 876--2597 y 1 E LEPHON E NO. (Zip) (.'.) LOCATION OF PROPOSEC) WELL C runty Garfield. SE ; of the SW Tv •p. 6 S ling. 9 3 IN ,SI '4, Section W 6 tE.W1 (2) WATER USE AND WELL DATA Prnposed maximum pumping rate (gpm) Avt•rage annual amount of ground water to appropriated (acre-feet)• Nu Tiber of acres to be irrigated: 15 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN 3314. Receipt No 30143'1+ / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does net assure the applicant •- -': that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. g/•— '79— /3-] ISSUANCE OF THIS PET!4IT DORS NOT P M ORFg R1URT L } APPROVED PURSUANT TO CRS i37-92-60 3 b)(II )1y (A} AS THE ONLY WELL ON A RESIDE TIAL -SUE OFF OOFFPTHEISETELY 10 ACRES 1/4 OF THE SW 1/4ROFED AS SECTIO N1 SW 1/4 493W OF THE 6TH P.M.:, GARFIELD COUNTY. ; ,, ) THE USE OF GROUND WATER FROM THIS WELL IS MITED TO FIRE PROTECTION ORDINARY HOUSEHOLD • PURPOSES INSIDE ONE oi SINGLE FAMILY DWELLING MEM THE WATERING OF USER'S NONCOMMERCIAL ECIOASENOT — 3E USDFORIRRIGATIN OR OTHER PURPOSES. Prc posed total depth (feet): 1 00 Aq lifer ground water is to be obtained from: River Alluvium Owlet's well designation CzfOUND WATER TO 13E USED FOR: `er(X HOUSEHOLD USE ONLY - no irrigation (0) () DOMESTIC (1) ( I INDUSTRIAL (5) ( ) LIVESTOCK (2) ( 1 IRRIGATION (6) ( ) COMMERCIAL (4) ' ( 1 MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) 3) THE RETURN FLOW FROM THE USE OF THIS WELL dST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL YSTEM OF THE NON—EVAPORATIVE TYPE WHERE THE ,•, iiATER IS RETURNED TO THE SAME STREAM SYSTEM IN WMMICH THE WELL IS LOCATED. GZG (4) DRILLER Nam Stree t City' Shelton Drilling Co. I'.O: Box 1070 Basalt, Co. 81621 Telephone No. 927-3893 (Slate) Lic. No (zip) 894 APPLICATION APPROVED PERMIT NUMBER c0PY -15 585 DATE ISSUED OCT 1939 EXPIRATION DATE BY (STATE EN? I ER) ,..,AL2/. I.D. _ ;) Y 9 COUNTY? Officers Pre (dent (3031 625-1235 Car H. gornklau 769 C. R. 309 Rif e, Colorado 61650 Vio :-President • Gra ory Durrett 926 Slake hvenuc Gle wood `pgs., Co. 61601 Sec Treas. Water livujer nor Ruth eernkiau 788.C. R. 109 Rif a, Colorado 91650 West Divide Water Conservancy District Att ly Rus ell George Stumr i Gootge, Y. C. Pos . office to 907 Rife, Colorado 01650 Mrs. Elden Clouse C45011 R. 223 Rifle, Colorado 81650 POST OFFICE BOX 1478 RIFLE, COLORADO 81650-1478 December 11, 199.1 Baud of Directors Carl H. eernklau 7960 C. R. 309 Rifle, Cbiorado 91650 Leonard Christensen 11034 C. R. 311 Silt, Colorado 81652 Gregory Durrett 926 Blake Avenue Glenwood Spgs.. CO. 01601 .toe Mutt, Jr. 6107 Highway 133 Carbandae, Colorado 81623 Kelly Oouay 4745 C. R. )15 Silt, Colorado 61652 Receipt # 2228 @ $25.00 err..'_ ased RE: Administration Deposit, 12o Contract Dear Applicant: Enclosed please find two copies of APPLICATION FOR THE PURCHASE OF WATERS FROM THE WEST DIVIDE WATER CONSERVANCY DISTRICT as per your request. You will also find enclosed a copy of the West Divide Map along with price listing, Addendum and chart of handy water equivalents. Will you please mark the location of your intended well(s) project and return the map along with two signed and notarized applications/contracts for your contract to be processed? In that way, when review of your contract has been completed by the Board of Directors, Attorney and Engineer, West Divide and you will each have an original copy. Proper fees (see listing enclosed) must be submitted with application for water contract. The per acre—foot fee is refundable should, for some reason not now perceived, the contract could not be approved. Copies of your application/contract will be submitted to our Engineer and Attorney for their review when we receive them and will be submitted to the Board of Directors at the following meeting. You will be notified of time and place should you wish to attend the meeting. If you have any questions please feel free to call. Sincerely, Nora Ruth Bernklau Water Mann9er, W.D.W.C.D. Enclosures ,D, - 1 cubic foot 1 acre-foot HANDY WATER EQUIVALENTS a a a a s a a a a 7.48 gallons a n a= =62.4 lbs. of water == a to a is a a d 43,560 cubic feet 325,900 gallons 1 acre-foot of water covers 1 acro of land 1 Cook doop 1 cubic foot of water per second of time (cfs) 450 gallons per minute For 24 hours 1.983 (approximately 2) acre-feet 646,400 gallons . For 30 days 59.5 acro-cootmi: 6�M.a.'4 R ti• 19, 390, 000 gallons For 1 year 724 acre -fent- 235,900,000 gallons 1 Million gallons (MG) = ar a a sa as M is 1 Million gallons per day (MGD) 1000 gallons per minute (gpm) = ax a a a= a a= a d m a 3.07 acre-feet 1122 acre-feet per year 1.547 cfs a = a a= = a= a==== a a a AVERAGE DAILY NEEDS PER ANIMAL . 2.23 cfs Swine 14 gallons per 100 pounds Cows .13-14 gallons Horses 10-12 gallons Sheep 1-14 gallons APPLICATION SPECIAL/CONDITIONAL USE PERMIT Date: �vi ^ CD - 9/ Applicant: / reb 2-1 67)q (10(A 56 - Address of Applicant: ()15-40-726i c 3 i Special/Conditional Use: Legal Description: e76 d Practical Description (location with respect to highways, county roads, and residences) : /4 /11.L A1024-4-, W J ,241LSC q, ; Requirements: 1. Plans and specifications for proposed use (hours of operation, no. of vehicles/day, location and size of structures, etc.). 2. Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the .subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. 6. A base fee of $ shall be charged for each application and shall be submitted with the application, additional charges may be imposed if County review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least five (5) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowledge. plicant -- z- 2,