HomeMy WebLinkAbout20130143.tiffHEARING CERTIFICATION
DOCKET NO. 2013-07
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0068, FOR A HOME BUSINESS (SADDLE, BRIDLE, AND LEATHER GOODS
SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND JOYCE VAN
PROOSDY
A public hearing was conducted on January 16, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
ID I hereby certify that pursuant to a notice dated November 28, 2012, and duly published
December 4, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Richard and Joyce Van Proosdy, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0068, for a Home Business (saddle, bridle, and leather goods
sales) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a
matter of record.
IR Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, which is intended to address an active zoning violation. He reviewed the referral
responses, surrounding land uses, and site layout. He entered the favorable recommendation
of the Planning Commission into the record and displayed maps and photographs of the site
and surrounding area. In response to Commissioner Conway, Mr. Gathman stated he is not
aware of who initiated the complaint; however, staff has received no further complaints.
Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and access requirements, and explained there will be no outdoor storage or building to
affect the water quality.
IE Lauren Light, Department of Public Health and Environment, stated the site will receive
water from the City of Longmont and she reviewed various options concerning waste handling,
which the applicant will need to decide upon.
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HEARING CERTIFICATION - RICHARD AND JOYCE VAN PROOSDY (USR12-0068)
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Dick Van Proosdy, applicant, stated he has a six-month contract to pump the vault and he
is not in favor of using portable toilets, especially in the winter. He addressed questions from
the Board regarding the amount of visitors to the site and indicated he was willing to pump more
frequently, if needed.
e No public testimony was offered concerning this matter. In response to Chair Garcia,
Mr. Van Proosdy expressed agreement with the proposed Conditions of Approval and
Development Standards. Commissioner Rademacher proposed striking Development
Standards #13 and #14, since they are addressed in Development Standards #23 and #25,
respectively, and the Board agreed. They also agreed to amend Condition of Approval #1.B to
add the word "alternately". In response to Chair Conway, Ms. Light stated if the vault will not be
connected to a septic system, then the applicant will need to get a permit and install an alarm to
notify when pumping is needed. El Following discussion, Mr. Yatabe stated he would
generally recommend against waiving the Code because this type of request is typically
required to go through the Board of Public Health for a variance which could then be appealed
to the Board of County Commissioners. Commissioner Conway moved to allow a variance
to be granted by the Board of Public Health or the Commissioners requiring an alarm on the
vault. Commissioner Kirkmeyer proposed Condition of Approval #1.6 be modified to insert the
following: "The Board waives the portion of the Code that requires an alarm on the vault." The
motion was seconded by Commissioner Rademacher. Chair Garcia stated he does not support
the waiver because staff has proposed alternatives on a facility that was originally built without
the appropriate permits. Commissioner Kirkmeyer agreed; however, in this case the intensity
does not warrant an alarm. Commissioner Rademacher stated he would not typically support
the waiver, except that this is an existing vault and Commissioner Freeman agreed. Mr. Yatabe
advised the Board that Code revisions will need to be considered under a separate venue. The
motion carried four to one, with Chair Garcia opposed. Fl Following further discussion, the
Board agreed to delete the following from Condition of Approval #1.B, "... and connected to an
appropriately permitted I. S.D. S. sized for the business. The existing vault shall be properly
abandoned." Fl In response to Chair Garcia, the applicant stated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as proposed and
modified.
Fl Commissioner Rademacher moved to approve the request of Richard and Joyce
Van Proosdy for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0068, for a Home Business (saddle, bridle, and leather goods sales) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included amending Condition of Approval #1.B to state, "The existing vault
shall be permitted and installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations. The Board waives the portion of the Code that requires an
alarm on the vault"; and deleting Development Standards #13 and #14, which are also
addressed in Development Standards #23 and #25, respectively. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:10 a.m.
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HEARING CERTIFICATION - RICHARD AND JOYCE VAN PROOSDY (USR12-0068)
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This Certification was approved on the 21st day of January, 2013.
ATTEST:
Weld County Clerk to the Board
ounty Attorney
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD COFdNTP(, COLORADO
Willis G
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Douglas Rademacher, Pro -Tern
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can P. Conway
ke Freeman
2013-0143
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 16th DAY OF January, 2013:
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ADDRESS
123 Nowhere Street, City, State, Zip
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NAME
John Doe
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