HomeMy WebLinkAbout4.0 Director's DeterminationGørfield CounQ
April9, 2019
Leah Swan
I2746 Highway 82
Carbondale, CO 81623
Mrs. Swan,
Garfield County Community Development is in receipt of the following documentation regarding
the property located att2746 Highway 82:
t. Special Warranty Deed demonstrating that Patrick King and Leah Swan own the property
at L2746 Highway 82, Carbondale, CO 8L623.
2. A request from Leah Swan and Patrick King requesting the abandonment of a Special Use
Permit at the subject property for a Guest House.
3. A stamped letter from Patrick Stuckey, a Registered Architect indicating that the "Guest
House" is less than 1,000 square feet and the required upgrades that would be needed
for the structure to meet current Building Code.
4. A Property Owner's Certificate of Compliance for an Accessory Dwelling Unit.
Staff understands that the applicant would like to change the use of the second structure on the
property to an Accessory Dwelling Unit. This use is permitted by-right in the Rural Zone District
where the subject property is located, provided that the lot meets minimum lot size
requirements, demonstrates compliance with the Building Code, and is less than 1,000 square
feet. Staff has determined that the subject property and structure meets all these requirements.
The existing structure was permitted as a Guest House in2OO7. This use is no longer an allowed
use in Garfield County's Land Use and Development Code (LUDC). As such, the use is considered
a legal non-conforming use. Pursuant to Section L0-104(AX2)of the LUDC a nonconforming land
use may be abandoned as follows:
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A nonconforming land use moy be determined abqndoned if the property owner expressly
stotes ln wrltlng to the Dlrector the intent to abondon the lond use, or engdges in oction
which unambiguously expresses the lntent to dbdndôn.
The written letter provided by the applicant indicates that the property owner wishes to abandon
the existing legal non-conforming use of the Guest House on the property. This response letter
documents that the Community Development D¡rector has received the abandonment request
and authorized a change of use in the structure to an Accessory Dwelling Unit. The use of the
structure shall now comply with all Accessory Dwelling Unit requirements in the LUDC and the
Guest House use will no longer be permitted.
Please contact Garfield County Community Development if there are any questions regarding this
letter or the status of the Accessory Dwelling Unit.
Sincerely,
r, AICP
Ga ld County Community Development Director
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