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Home My WebLink About20122830.tiff HEARING CERTIFICATION DOCKET NO. 2012-33.A RE: HEARING, PCSC-0001, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT #1431 FOR AN RV PARK AND STORAGE AND RECREATION AREA IN THE A (AGRICULTURAL) ZONE DISTRICT- MARLIN NESS A public hearing was conducted on October 3, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Mary Evett The following business was transacted: ID I hereby certify that pursuant to a notice dated April 13, 2012, and duly published April 18, 2012, in the Fort Lupton Press, a hearing, PCSC12-0001, was conducted on May 2, 2012, to show whether good cause exists for revocation of Use by Special Review Permit#1431, issued to Marlin Ness, for an RV Park and Storage and Recreation Area in the A (Agricultural) Zone District. At said hearing, the Board continued the matter to May 30, 2012, and then again to October 3, 2012, to allow additional time for the applicant to bring the site into compliance with the intent of the original USR, with direction to staff that the applicant may need to consider a Minor Amendment to get to that point, and that certain triggers need to be put into place so the applicant can put together a specific business plan. On October 3, 2012, Bruce Barker, County Attorney, made this a matter of record. e Chris Gathman, Department of Planning Services, reviewed a timeline of staff inspections and discussions with the applicant to-date, and displayed photographs of the site taken in May, August, and September 25, 2012, showing improvements made at the site. He stated the remaining outstanding issue is the presence of five (5) modular man-camp units, and completion of the Minor Amendment process. He recommended the hearing be continued to Monday, November 5, 2012, to determine whether the "man-camp" units have been removed, and then allow for one additional continuance for 120 days to finalize the Minor Amendment process. In response to Commissioner Kirkmeyer, Mr. Gathman and Mr. Barker addressed the issue of whether Development Standards may be removed by staff through the Minor Amendment process. CG- GA , PL t At' 2012-2830 PL1699 SHOW CAUSE HEARING CERTIFICATION - MARLIN NESS (PCSC12-0001 RE: USR-1431) PAGE 2 El Trevor Jiricek, Director, Department of Planning Services, stated the modification, addition, and deletion of Conditions of Approval and Development Standards has been the practice of staff for all of the Minor Amendments processed to-date. In this instance the Standard no longer applied, due to the changes being proposed through the Minor Amendment application. Mr. Gathman also confirmed the use has not changed from a Recreational use. ID Marlin Ness, applicant/owner, gave a summary of the clean-up work completed, septic systems installed, and lodging services being provided. Matthew Ness was also present to answer any questions. El In response to questions from the Board, Mr. Ness, Sr., indicated he would prefer that the Board allow the five (5) "man-camp" structures to remain; however, he will abide by the decision of the Board. El Chair Conway thanked the property owners for the work that has already been completed; however, he confirmed "man-camp" facilities are not currently allowed through the provisions of the Weld County Code. E No public testimony was offered concerning this matter. In response to Mr. Ness, Sr., Chair Conway stated the "man-camp" structures are different from RV's because they are not designed to be driven/pulled and utilized on a temporary basis for recreational use. Commissioner Kirkmeyer moved to continue the Show Cause hearing concerning Use by Special Review Permit#1431 issued to Marlin Ness for an RV Park and Storage and Recreation Area in the A (Agricultural) Zone District, to Monday, November 5, 2012, at 9:00 a.m. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:47 a.m. 2012-2830 PL1699 • • SHOW CAUSE HEARING CERTIFICATION - MARLIN NESS (PCSC12-0001 RE: USR-1431) PAGE 3 This Certification was approved on the 8th day of October, 2012. BOARD OF COUNTY COMMISSIONERS (\ WELD COUNTY, COLORADO • ATTEST: ' ` ,091Ksr 1 ; . ,.' 9 ay, Chair Weld County Clerk to th oa . Cr—} 161 (t O it am . Garcia, Pro-T Deputy Clerk to the Boll"- ©n 7 Lt arbacKirkmeyerr ` k avid E. Long Douglas ademach r 2012-2830 PL1699 cj o ce � L�L o a C.) 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