HomeMy WebLinkAbout20101352.tiff HEARING CERTIFICATION
DOCKET NO. 2010-22
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1743 FOR A SINGLE FAMILY DWELLING UNIT PER LOT (SECOND HOME
ON THE PROPERTY) IN THE A (AGRICULTURAL) ZONE DISTRICT - LAWRENCE
AND LINDA LOPEZ
A public hearing was conducted on June 23, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated May 11, 2010, and duly published May 13, 2010,
in the Windsor Beacon, a public hearing was conducted to consider the request of Lawrence
and Linda Lopez, for a Site Specific Development Plan and Use by Special Review
Permit#1743 for a Single Family Dwelling Unit per lot (second home on the property) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised Tina DeZonia, applicant's daughter and authorized representative,
that she has the option of continuing this matter to a date when the full Board will be present.
However, if she decides to proceed today, it will require three affirmative votes, or in the case of
a tie vote, Commissioner Conway will listen to the record and make the determining vote.
Ms. DeZonia indicated she would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is located south of, and adjacent to, County Road 18, approximately
one quarter mile east of County Road 11, and it is within the three-mile referral area for the
Cities of Dacono and Longmont, and the Towns of Firestone and Frederick; however, staff did
not receive a referral response from any municipality. He further stated the property is
accessed from County Road 18, which is a two-lane paved road, and the surrounding properties
to the south, east, and west are parcels within the Dream Acres Subdivision, zoned
A (Agricultural), with single-family homes in close proximity. Mr. Ogle stated the parcels to the
north are rural residences, on lots created through the Recorded Exemption process, and the
general area is an enclave to the Town of Frederick. He stated fifteen referral agencies
reviewed the proposal, three offered comments that have been addressed in the Conditions of
CC ?L N LLEt°� 2010-1352
1 _ a1- I D PL2066
HEARING CERTIFICATION - LAWRENCE AND LINDA LOPEZ (USR-1743)
PAGE 2
Approval and Development Standards, and no correspondence or telephone inquiries were
received by staff. Lastly, Mr. Ogle displayed a vicinity map, aerial photograph, and images of
the site.
Heidi Hansen, Department of Public Works, stated the applicant will continue to use the existing
access from County Road 18, which is under the jurisdiction of the Town of Frederick. She
stated staff is not requiring stormwater containment measures, since the site does not house a
commercial business; however, she did include the standard language for controlling noxious
weeds. In response to Commissioner Garcia regarding Development Standard #11,
Ms. Hansen stated the road impact fee does apply to residential uses; however, there is a
different equation, and Development Standard #21 is a standard plat note which staff can refer
to for enforcement if the property owner does grading that causes drainage problems for
adjacent properties. Responding further to Commissioner Garcia, Ms. Hansen confirmed the
language is also addressed in the Code for all County residents. In response to Chair
Rademacher, Ms. Hansen confirmed that although County Road 18 is maintained by the Town
of Frederick, the County road impact fee still applies.
Mary Evett, Department of Public Health and Environment, stated there are two permanent
septic systems located on the property: one for a three-bedroom home, and one for the
one-bedroom home. She stated the permit for the one-bedroom home is a Statement of
Existing, which is based on information provided by the property owner, who indicated the size
and location of the septic tank and field. She stated staff has requested further information
concerning the type and size of the field, and although the applicant hired someone, they were
unable to locate the septic field. Ms. Evett stated during the Planning Commission hearing, the
applicant indicated there are no plans to add more bedrooms to the one-bedroom home, rather,
they intend to relocate the bedroom to another area of the house. She stated Condition of
Approval #2 may be removed, since there will be no additional hydraulic load. She further
stated staff is requiring the submittal of a map depicting the location of the primary septic
system envelopes for each existing system, as well as secondary envelopes for placement of
new systems if the existing systems fail. Ms. Evett stated the Central Weld County Water
District provides water to both homes, and the District is aware that both residences are
connected to the same meter. She further stated Development Standards #3 through 10
address the standard requirements of the Department of Public Health and Environment. In
response to Commissioner Garcia, Ms. Evett stated Development Standard #3 is a standard
requirement used in the past for similar requests, and Commissioner Garcia stated he just
wanted to ensure the requirements remain consistent.
Ms. DeZonia represented the applicant and stated she plans to add a 16-foot by 24-foot space
to relocate her bedroom and enlarge the existing living room space. In response to
Commissioner Kirkmeyer, Ms. DeZonia stated the second house was constructed in the 1930's,
and she confirmed her parents own both the primary and secondary residence.
No public testimony was offered concerning this matter. In response to Chair Rademacher, the
Board concurred with the deletion of Condition of Approval #2. In response to Commissioner
Garcia, Mr. Ogle explained the Screening Plan referenced in Development Standard #15 is to
address a truck that is parked on the site which is not licensed or in operating condition.
2010-1352
PL2066
HEARING CERTIFICATION - LAWRENCE AND LINDA LOPEZ (USR-1743)
PAGE 3
Lawrence Lopez, applicant, stated upon his retirement, he intends to refinish the truck, get it
running, and have it licensed. In response to Commissioner Garcia, Mr. Lopez stated he has
considered relocating the truck or parking it inside of a shed which he would need to construct.
Commissioner Kirkmeyer suggested moving the truck to the other side of the house which will
make the house act as the screening, and the Board concurred with the deletion of
Development Standard #15.
In response to Chair Rademacher, Mr. Lopez and Ms. DeZonia stated they have reviewed, and
concur with, the Conditions of Approval and Development Standards, as proposed and
modified.
Commissioner Kirkmeyer moved to approve the request of Lawrence and Linda Lopez for a Site
Specific Development Plan and Use by Special Review Permit #1743 for a Single Family
Dwelling Unit per lot (second home on the property) 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. Her motion included the
deletion of Condition of Approval #2 and Development Standard #15, with the proper
renumeration. (Clerk's Note: Conditions of Approval #1.D and #4, and previous references
made to screening in the criteria paragraphs were removed for consistency with the Board's
action to delete the Screening Plan requirement in Development Standard #15.) The motion
was seconded by Commissioner Garcia, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:20 a.m.
This Certification was approved on the 28th day of June, 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY RADO
ATTEST: 'e-, ( /J
1" `Ar , /r Do a las' ademac er, C -it
Weld County Clerk to th 1:':. n c '
�.�,�� - • A rbara Kirkmeyer, • o-Tem
BY:40 Ct
Deputy Cler , o the Boar' ► EXCUSED
Sean P. Conway
Willi F.Garcia
vi .Da Long C
/
2010-1352
PL2066
C A---
re »
0 %
• ®
C
K)
0ce
.3
a 0 } t
} U \
a / _I -4
✓ k 0 0 \
z \ Cl) 5 /
$ d a
w OIL ) e
< 4 i o E \ / /
« 2 o - • K + NI
N § ! | 2 Cr) J ®
E
i- az = N
§ 0 0
a
o
El] z 2
§ co (
2 2 j ° C
§ § 0 ≥ / d
4 § 0 43 0
§ i- i • e y \
a
# 2
Ill Ill e
< 0 0 -I k \ (
= 0 0 o.
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1743 - LAWRENCE AND LINDA LOPEZ
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 06/01/2010)
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello