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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.18.2006REQUEST BOCC 09/18/06 MB PROJECT INFORMATION AND STAFF COMMENTS Conditional Use Permit (CUP) for a Studio for the conduct of Arts and Crafts in the ARRD zone district. APPLICANT Dylan Balderson, Jacqueline Spiro LOCATION Section 32, T7S, R87W, generally located approximately one mile east of Catherine's Store off of old Hwy. 82. Sfl'h DATA 0.66 acres ACCESS I 17283 Highway 82 WATER Well SEWER ISDS EXISTING ZONING ARRD I. REQUEST The Applicant requests approval from the Board for a Conditional Use Permit for a Studio for Conduct of Arts and Crafts to operate a pottery studio. A Studio for Conduct of Arts and Crafts is not defined in the Zoning Resolution, but is a Conditional Use in the A/R/RD zone district and has the following standard to meet in Section 5.03.03 of the Zoning Resolution: Studio for the Arts and Crafts: All activity must be conducted within a building and retail sales are limited to one -of -a -kind goods produced on the lot. II. PROJECT DESCRIPTION 1) The Applicants are professional artists and are requesting approval to operate a "studio for the arts and crafts" on the same property as their single-family dwelling. The studio will be an accessory structure having approximately 1,400 sq. ft., containing two ovens for making their glass art works. The proposed studio would replace a studio that burned down last summer. This is a private, personal studio where the applicants are the sole producing artists. Their art work includes creations in painting, wood, clay and glass. They work approximately 25 1 hours a week in the studio. The large majority of the art work is on commission and is one of a kind works of art. There is very little traffic, other than their own personal vehicles that access the site. Every few months they have materials delivered to the property. There is no domestic water needed in the operation and drinking water will come from the their house that is on the property. Bathroom facilities are also available in the house, so no additional sewage disposal is proposed. III. STYE DESCRIPTION The 0.66 -acre property is located east of Catherine's Store off of old Highway 82. The lot has the applicant's house on the east side of the lot, with a concrete floor of the previous studio located on the west side of the lot. To the east of the property are six residential lots of similar size and a much larger tract of land surrounding the property to the west and south. Across the old highway from the property are additional dwelling units. IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits as well as incorporated in the memorandum where appropriate. A. Carbondale & Rural Fire Protection District: The District is familiar with the property, noting they responded to a fire that was accidental in nature on June 21, 2006. Water supplies for fire fighting purposes are limited to the fire department water shuttle, which proved to be adequate for the previously noted fire. V. REVIEW STANDARDS & STAFF COMMENTS Conditional Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use shall be consistent with Garfield County's definition of a home occupation listed in Section 2.02.29 of the Garfield County Zoning Resolution. Staff has provided the standards in bold italics below followed by a Staff Response. I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The studio is located adjacent to the single-family dwelling owned and occupied by the Applicant. Water service to the property is provided from a water well on the property. The application states that no water is necessary for the use, other than domestic water which will come from the house water system. There is no need for separate sewage treatment for the proposed use. Based on this water usage, Staff finds that there is no need for additional water or sanitation to serve the studio. This standard is met. 2 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Access to the property is provided directly off of old State Highway 82, through existing access points. No additional road improvements are necessary for this project, as traffic is primarily the applicants with a few additional business related vehicles. This standard is met. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screenffences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The intent of permitting a Studio for the Arts and Crafts in the ARRD zone district primarily characterized by residential and agricultural uses is such that the proposed use does not detract from those uses and does not create the appearance or impact of a commercial use. T Staff finds that the proposed studio generates minimal impacts, in that, all activities are conducted inside buildings, all materials are to be stored inside buildings, there is no noise, odor, vibration, or smoke generated from the use, no measurable additional traffic is generated, the use has no employees, and no signage or lighting is proposed. This standard is met. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required 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 meeting. 3. That for the above stated and other reasons, the proposed Conditional Use Permit for a Studio for Arts and Crafts is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with Section Garfield County Zoning Resolution of 1978, as amended. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the request for a Conditional Use permit to allow a Studio for Arts and Crafts for a property known 17283 Highway 82, with the following conditions: 3 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall be prohibited from erecting any signage or lighting associated with the Studio for Arts and Crafts. 3. In the event any representations made in the application for which this permit is granted, change and are no longer consistent with the representations in this application, the applicant shall be required to submit a new permit application to the county addressing the changes. za,r7 fir 7:44d;_ t' 4 September 8, 2006 FIRE • EMS • RESCUE Mark Bean Garfield County Building & Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 W, d i'V itis SEP 1 2 200E GARFii: L..D (..:OUNTy BUILDING & PLANNING RE: Balderson/Spiro, Conditional Use Permit Dear Mark: I have reviewed the conditional use application for the proposed Balderson/Spiro Studio. I would offer the following comments. The applicants had operated a studio at the site previous to a fire on June 21, 2006. The cause of the fire was accidental in nature and was not related to the specific use of the building. There were no unusual problems controlling the fire at the site. Access to the site is adequate off Old Highway 82. Water supplies for fire protection are limited to supplies provided by fire department water shuttle. During the June 21St fire, the water shuttle proved to be adequate for controlling a fire at the site. Please contact me if you have any questions or if I can be of any assistance. Sincerely 7 .z) Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 EXHIBIT N 60 Flying Fish Rd Carbondale, Co. 81623 Phone 970- 963-9157 Fax 970-963-8502 September 13, 2006 Board of County Commissioners Suite 100, 108 8111 St. Glenwood Springs, Colorado RECEIVED SEP 1 5 2006 GARFIELD COUNTY BUILDING & PLANNING Re: Balderson and Spiro request for Conditional Use Permit for an "Arts & Crafts Studio" at 17283 Hwy. 82, Carbondale To: Garfield County Commissioners We will be unable to attend the public hearing on September 18, 2006. As property owners on two sides (the west and south) of the property involved in this application, our main concern is fire danger. The reason this studio needs to be rebuilt is because of a very violent fire that demolished the last studio. If firemen had not been driving by the scene at the beginning of the fire, and begun immediately attending to it, the results to the neighborhood would have been horrendous. Our point is: what precautions will be taken so this will not happen again? We personally do not know what started the fire; we have heard reports of loud explosions, and very rapidly spreading, extremely hot fire..which got to some of our trees, but no other serious dalnage to our property. Is this a dangerous future situation with the kilns or was this a once in a lifetime freak happening? Had the proper inspections been done? Are there on-going inspections to make sure all stays in order? We appreciate your consideration of our concern. Very truly yours, )/ ;4 O 1-72 Wayne & Lois M Vagneur C�] Garfield County Commissioners: Re: Public Hearing, September 18, 2006 Balderson Art Studio September 14, 2006 Our neighbors, Jacqueline and Dylan Balderson have asked us to write a letter to you about your hearing of their request for a conditional use permit so that they can rebuild their art studio that was destroyed by fire in late June. Jacq and Dylan have been good neighbors and we certainly do support their application to rebuild. We enjoy having artist neighbors. Thank you, Eloise and Jack Ilgen /P17�` Jack & Eloise ligeo 17352 Highway 82 #C Carbondale, CO 81623-8507 Garfield County Commisioners September 10, 2006 To: Board of Garfield County Commissioners We are writing on behalf of our neighbors, Jacqueline and Dylan Balderson. We could not attend today's public hearing regarding a conditional use permit for the Balderson's studio but we are in support of their permit. They have always conducted their studio in a safe and conscientious manner. As their closest neighbors, we are anxious to see their studio rebuilt andonce again enjoyed by our community. Thank you for your consideration in this matter. Regards, Bart and Faith Lipori