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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.16.1992REQUEST: APPLICANT: LOCATION: BOCC 11/16/92 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for a guest house Ed Larsh Located in a portion of Sections 19 and 20, T.7.S., R88W; more practically described as a tract of land located on Highway 82, between Cattle Creek and Carbondale. Site consists of 14.74 acres WATER/SEWER: Existing Well/ISDS ACCESS: Driveway off State Highway 82 EXISTING AND ADJACENT ZONING: A/R/RD ADJACENT ZONING: North: A/R/RD South: A/R/RD East: PUD & A/R/RD West: PUD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in District D - Rural Areas, Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on a bench on the east side of the Roaring Fork River. With the exception of some large cottonwood trees near the river, the property is an open field. There is an existing house with a two-story detached garage. The garage, approximately 24'x36' (864 sq. ft.), is currently used for storage on the ground floor, with a small office on the second floor. The small office is proposed to be replaced with the living space. The two structures are connected with an uncovered patio. A vicinity map is attached on page =ile' B. Development Proposal: The applicant is requesting a Special Use Permit for a guest house. The purpose of the guest house is to provide a temporary residence for a caretaker while Mr. Larsh is traveling in connection with his consulting work, copy of Mr. Larsh's application letter attached on page—Z 1 C. Background: Mr. Larsh operates a consulting business which requires a significant amount of travel time. Following the recent death of Mr. Larsh's wife, he is requesting a Guest House SUP to allow for the conversion of a portion of a two -car garage into suitable quarters for a caretaker when he is away on business. On August 10, 1992, the Board of County Commissioners conditionally approved a Subdivision Exemption for a single split to create two lots, 6.0 and 8.74 acre in size, from the parent parcel of 14.74 acres. The conditions of approval are described in a letter from Mark Bean dated August 10, 1992 ,letter attached on page 3 - q 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 requires the conversion of space within the existing garage. The proposed improvements consist of a single bedroom, kitchen and restroom facilities. Although Mr. Larsh has submitted only draft concept plans, it appears that the approximate floor area of the proposed living space is 432 square feet. A copy of Mr. Larsh's sketches are attached on page . 4. The applicant has a household -use only well (permit no. 148415) to serve the property. This permit was issued to serve only one dwelling unit. In order for this well to serve more than one dwelling unit, a new well permit would have to be obtained for the proposed expansion of use. The Division of Water Resources has indicated that it is highly unlikely that a permit for expanded use could be issued without a court approved augmentation plan, or a water allotment contract with the Basalt Water Conservancy District. A copy of a 9- 30-92 letter from John Schurer, Senior Water Engineer for the Division of Water Resources, is attached on page 6 ve..7 IV. SUGGESTED EIINDI GS 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. Z 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: 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 120 days, unless extended by the Board of County Commissioners, 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 120 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 applicant shall obtain a well permit, which is sufficient to accommodate two (2) residences. No building permits will be issued prior to approval of the water supply to the proposed guest house. 1414011 5t6IN Ce" e,,p �z GCit4sER.vi,o f 1)rsir CI- G, 1?c su g^n tTTEp To 'fk'E PLP+4n, - Pit -tot, rj'D p1J 1Sfv4ovt,E UF A g L D 14c7) Pi„rwrw , 7' . 3 November, 1992 - Page 561 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO November 16, 1992 UNOCAL'S RESORT OPERATION Commissioner Smith made a motion that the Chairman be authorized to sign a Special Use Permit for Union Oil Company of California's resort operation; Commissioner Arbaney seconded the motion; carried. BUILDING DEPARTMENT: ROAD NAMES AND ADDRESSING Mark suggested Jini McMurray of the Building Department, and he meet with the BOCC to discuss upgrading the road naming and addressing system. One option is to renumber the roads. Jim spends 10% of his time figuring -out correct numbers and names. HUGHES RESERVOIR The State is aware that this is a non -jurisdictional dam, but the City of Glenwood Springs was not aware of its reconstruction. The volume and acreage requirements are in question. Deke Price owns it. The dam was condemned and ordered breeched in 1985. The breech was partially filled with a new spillway in 1992. Robin Milyard said the City of Glenwood Springs has 168 -acre feet of water rights out of it; he did not know it had been rebuilt. Mahan's dam is over one -acre of surface area, too. There were 43 water impoundments in the County; eight of those were built subsequent to 1972. Guy does not have the proof on insurance reports. Permits required are Conditional Use Permits only. Only generic health, safety, and welfare standards are in effect. Mr. Price and Mr. Mahan need to be noticed about these developments. COLORADO CLEAN FUELS They are waiting for air quality permits to be transferred to them from. Unocal before they apply for a Special Use Permit. Preconstruction inspections are taking place. PUBLIC HEARING FOR A SPECIAL USE PERMIT FOR A GUEST HOUSE; LOCATED OFF STATE HWY. 82 BETWEEN CATTLE CREEK AND CARBONDALE. APPLICANT: ED LARSH Ed Larsh determined the names of adjacent property owners from a previous request to divide the property. Ed notified two neighbors personally, and sent letters by mail to the other two. Don said the proof of publication in the newspaper is adequate. Commissioner Arbaney made a motion that public notice was adequate forthis hearing; Commissioner Smith seconded the motion. Dave Michaelson entered these exhibits into the record: Exhibit "A", return receipts; Exhibit "B", proof of publication; Exhibit "Cu, Staff Report; Exhibit "D", 11/13/92 letter from Dan Kerst; and Exhibit "E", 10/19/92 letter from Scott Pfifer. Chairman Mackley entered Exhibits "A" "E" into the record. Mr. Larsh is requesting a Special Use Permit for a guest house. The house has access from Hwy. 82 between Cattle Creek and Carbondale, across from Aspen Glen's proposed clubhouse site. The site consists of 14.75 acres, with an existing well, existing ISDA, and A/R/RD zoning. Adjacent zoning. is also A/R/RD, except for Aspen Glen's PUD. It is located in District D - Rural Areas, Moderate Environmental Constraints, as designated on the Garfield County Comprehensive Plan. The subject property is located on a bench on the east side of the Roaring Fork River. With the exception of some large cottonwood trees near the river, the property is an open field. There is an existing house with a two-story detached garage. The garage is approximately 24' x 36', and is used for storage on the ground floor, with a small office on the second floor. The small office is proposed to be replaced with the living space. Both structures are connected with an uncovered patio. A vicinity map is attached to the Project Information and Staff Comments Report on Page 1. The proposal is to allow a guest home. The purpose is to provide temporary residence for a caretaker while Mr. Larsh is traveling in connection with his consulting work. A copy of Mr. Larsh's application letter is attached on Page 2 of the Staff Comments Report. Mr. Larsh operates a consulting business which requires a significant amount of travel time. Following the recent death of Mr. Larsh's wife, he is requesting a Guest House Special Use Permit to allow for the conversion November, 1992 - P-je 62 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY_, COLORADO November 16, 1992 of a portion of a two -car garage into suitable quarters for a caretaker when he is away on business. On August 10, 1992, the BOCC conditionally approved a Subdivision Exemption for a single split to create two lots. Since that time Mr. Larsh has said he will pursue a full subdivision for four lots. 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 the main building of the site". Section 5.03.025 specified guest house limitations as: "(1) The gross floor area or the area used for residential occupancy shall not exceed 1,000 square feet; (2) The minimum lot size shall be 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 30 days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure". The proposed guest house fits these criteria. The proposed guest house requires the conversion of space within the existing garage. The proposed improvements consist of a single bedroom, kitchen and restroom facilities. Although Mr. Larsh has submitted only draft concept plans, it appears that the approximate floor area of the proposed living space is 432 square feet. A copy of Mr. Larsh's sketches are attached on Page 5. The applicant has a household -use only well, Permit #148415, to serve the property. This permit was issued to serve only one dwelling unit. In order for this well to serve more than one dwelling unit, a new well permit would have to be obtained for the proposed expansion of use. The Division of Water Resources has indicated that it is highly unlikely that a permit for expanded use could be issued without a court -approved augmentation plan, or a water allotment contract with the Basalt Water Conservancy District. A copy of a 9/30/92 letter from John Schurer, Senior Water Engineer for the Division of Water Resources, is attached on Pages 6-7. Referring to Exhibit "D", Dan Kerst said that on November 9 the Board of Directors of the Basalt Water Conservancy District approved the amendment, allowing his allotment to increase from .4 -acre feet to .6 -acre feet per year. Referring to Exhibit "E", Scott Pfifer said the approval has been met, although the next meeting of the Basalt Water Conservancy District is set for today, November 16. At that point, the agreement will be formally signed. Scott sees no problem with the agreement. Staff recommends approval of Mr. Larsh's request with these conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the BOCC. 2. The applicant shall have 120 days, unless extended by the BOCC, 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 120 days after issuance, unless construction or use have commenced. 3. The length of stay of a guest shall be limited to 30 days unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. 4. The applicant shall submit signed water contracts with the Basalt Conservancy District, which is sufficient to accommodate two residences. No building permits will be issued prior to approval of the water supply to the proposed guest house. Commissioner Smith made a motion that the BOCC close the Public Hearing; Commissioner Arbaney seconded the motion; carried. Commissioner Smith made a motion that a Special Use Permit for a Guest House be granted to Ed November, 1992 - Page 563 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO November 16, 1992 Larsh, and signed water contracts completed prior to issuance of a building permit, with all of the conditions, concerns, findings, and recommendations of staff; Commissioner Arbaney seconded the motion; carried. Ed said the Department of Transportation (DOT) asked him to do a strategic planning process in the entire Roaring Fork Valley, from Aspen to Parachute, getting grass-roots input regarding the valley's transportation. Ed's input will come from Colorado. Mountain College. Also, Harvey Atkinson will invite all people to these meetings, and Ed will contact various civic groups. RENEWAL LIQUOR LICENSES: MID VALLEY LIQUOR; GUZZLER; RIFLE FIRESIDE LANES; SKI SUNLIGHT Clerk & Recorder Mildred Alsdorf said there have been no problems with the Guzzler, Rifle Fireside Lanes, and Ski Sunlight establishments. Ski Sunlight underwent a partnership change. Commissioner Smith made a motion that the Chairman be authorized to sign liquor license renewals for Guzzler, Rifle Fireside Lanes, and Ski Sunlight with its change in partnership; Commissioner Arbaney seconded the motion; carried. Mildred said there has been a problem at Mid Valley Liquors, located south of Glenwood Springs. Don said the State wrote an extensive report recommending this license not be renewed. The license remains in effect until, 12/21/92. Commissioner Smith made a motion that Mid Valley Liquors' license renewal be set for Public Hearing December 21, 1992 at 2:30 P.M.; Commissioner Arbaney seconded the motion; carried. CO RD 162 Don said that property owners on CO RD 162, the road leading to Sun Mesa PUD, have never presented the County with a proposal. Whether it was John Sterling's or the landowners' responsibility to see that that occurred is unclear; it was not the County's responsibility. The right-of-way needs to be acquired by the County. Don asked the BOCC if it wants him to retain MLA Appraisers to appraise the land, at Sterling's expense. Commissioners Arbaney and Smith asked Don to call Emerson and Miller to ask what has been done on the road. Chairman Mackley suggested that Sterling draw a picture showing what the design will look like. Don said if a price is not agreed upon, he will still have to go through condemnation proceedings. Commissioner Smith made a motion authorizing Don DeFord to have the property appraised at John Sterling's expense; Commissioner Arbaney seconded the motion; carried. The motion was followed by more discussion regarding CO RD 162. TREASURER: MINERAL LEASING FUNDS Commissioner Arbaney made a motion authorizing the Chairman to sign a letter to the State Treasurer, distributing a minimum percentage of mineral leasing funds to school districts, with the County keeping the remainder; Commissioner Smith seconded the motion; carried. CONTINUED PUBLIC HEARING FOR A SPECIAL USE PERMIT FOR MT. SOPRIS INN. APPLICANT: BARBARA FASCHING Commissioner Smith made a motion to move the Continued Public Hearing for a Special Use Permit for Mt. Sopris Inn, applicant Barbara Fasching, to December 7, 1992, 12:30 P.M.; Commissioner Arbaney seconded the motion; carried. ROAD & BRIDGE DISCUSSIONS CONGRATULATIONS TO DAVE BATTY Dave Batty, of Road & Bridge, was congratulated by the BOCC for doing well in the Motor Grader competition at the State Fair in Pueblo. EXECUTIVE SESSION: ROAD & BRIDGE PERSONNEL MATTER Commissioner Arbaney made a motion that the BOCC go into Executive Session to discuss a Road & Bridge personnel matter; Commissioner Smith seconded the motion; carried. Commissioner Smith made a motion that the BOCC come out of Executive Session and reconvene as the BOCC; Commissioner Arbaney seconded the motion; carried. November, 1992 - I_ge 64 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO November 16, 1992 CINDER HAUL King Lloyd, Road & Bridge Supervisor, said this is complete. Commissioner Smith made a motion authorizing a Change Order for an extra 447 yards of cinders for $2,056.28; Commissioner Arbaney seconded the motion; carried. CONSTRUCTION MANAGEMENT CONTRACT King received the contract from Pattillo & Associates. Don needs to look at them before the BOCC executes it. Commissioner Smith made a motion, contingent on Don's approval, that the Chairman be authorized to sign the contracts with Pattillo & Associates for construction management; Commissioner Arbaney seconded the motion; carried. MAMM CREEK ROAD King has the preliminary drawings on Mamie Creek Road; all concerns are addressed in them. Gamba Engineers can design a road in the County's right-of-way. King will ask Gamba for a written explanation of why it took so long to do this project. The BOCC will meet King Friday at 8:30 A.M. for an inspection of this intersection. BATTLEMENT MESA INTERCHANGE The State striped the interchange, but did not put stop bars in. CITIZENS NOT ON AGENDA Steve Boat, 198 Glen Eagle Circle, Riverbend Subdivision, requested that the dust and washboard problems be solved on the Riverbend Road. Forty taxpaying households along 2 1/2 miles of road equals 16 taxpayers per mile living on it. Commissioner Arbaney asked Steve if Riverbend homeowners have considered doing what Chelyn Acres did: the County paid for the road preparation, and Chelyn Acres paid for the chip and seal. The road is softer past the mine. It is 2 1/2 miles from the New Castle interchange to the mine. New Castle Energy's mine must take its first Special Use Permit out by November 1993, and is obligated to complete the road within one year. A discussion followed regarding the mine and the road. The BOCC will do a spring road tour of Riverbend. An unidentified female who lives at Riverbend said the speed should be lowered to 35 MPH because 32 children live there. Four of the children have major respiratory problems requiring surgery and medications. Mr. Norton, bus driver, said the unsafe road ruined two bus units. Bruce Kelm, 9552 CO RD 335, Riverbend Subdivision, suggested using limestone or used asphalt as a band-aid approach. A discussion followed concerning the road's surface. There may not be enough road shoulders to support a guardrail; if so, additional road work would be needed. Chairman Mackley promised something will be done. COLORADO STATE HIGH SCHOOL RODEO ASSOCIATION John Stevens of the Colorado State High SchoolRodeo Association introduced: Rifle's Jack Pretti and Collbran's "Marlboro Man" Bill Walck, co-sponsors of the Association's Regional High School Rodeo Club; and Lee Moss, Fairgrounds Manager. Out of last year's rodeo held at Rifle's Fairgrounds, 16 of the contestants went to State Finals and three went on to National competition. The Association may host the State Rodeo in 1994-95, which may have a significant impact on Rifle's economy. The Association asked if they could hold a rodeo May 15-16, 1993 in Rifle. Fairgrounds fees are $250/day, including stalls. PUBLIC HEARING ABATEMENTS: GEORGE E. & FRANKIE READY; UNIWEST LEASING CO.; THELMA NEARING; SST ENERGY CORP. Ken Call, County Assessor, was sworn in and recommended approval of: (1) Uniwest Leasing Co., Schedule #P320215 for $3,176.39. This was a double assessment; (2) SST Energy Co., Schedule #M004574 for $20.64. This was a trailer which was supposed to be located in Cottonwood Springs; (3) Thelma Nearing, Schedule #280128 and #280129 for. $9.25. This involved minerals in Mesa, not Garfield, County; and (4) George E. & Frankie Ready, Schedule #200484 for $22.01. This involved mineral rights treated as a lease.. Commissioner Smith made a motion that the Chairman be authorized to sign the above-mentioned, four abatements; Commissioner Arbaney seconded the motion; carried.