HomeMy WebLinkAbout20100601.tiff HEARING CERTIFICATION
DOCKET NO. 2010-06
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1726 FOR AN ACCESSORY BUILDING (A PROPOSED ADDITION TO AN
EXISTING GARAGE THAT WILL EXCEED FOUR PERCENT (4%) OF THE TOTAL LOT
AREA IN AN APPROVED OR RECORDED SUBDIVISION OR LOTS PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS, AS DETAILED IN SECTION 23-3-30 OF THE WELD COUNTY CODE -
UNION COLONY SUBDIVISION) AND A HOME BUSINESS (PARKING OF TWO DUMP
TRUCKS) IN THE A (AGRICULTURAL)ZONE DISTRICT-OTONIEL GOLDMAN
A public hearing was conducted on March 24, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Mary Evett
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 16, 2010, and duly published
February 18, 2010, in the Windsor Beacon, a public hearing was conducted to consider the
request of Otoniel Goldman for a Site Specific Development Plan and Use by Special Review
Permit #1726 for an Accessory Building (a proposed addition to an existing garage that will
exceed four percent (4%) of the total lot area in an approved or recorded subdivision or lots part
of a map or plan filed prior to adoption of any regulations controlling subdivisions, as detailed in
Section 23-3-30 of the Weld County Code - Union Colony Subdivision) and a Home Business
(parking of two dump trucks)in the A (Agricultural) Zone District. Bruce Barker, County Attorney,
made this a matter of record.
Chair Rademacher advised Otoniel Goldman, applicant, that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today, it
will require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will
listen to the record and make the determining vote. Mr. Goldman indicated he would like to
proceed today.
Chris Gathman, 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 applicant is proposing a building addition that will result in a total gross
floor area and the accessory buildings exceeding four percent of the total lot area, as well as a
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PAGE 2
request to park two semi-trucks, which is one more than the use allowed by right. He further
stated the application materials indicate the equipment will be stored inside the garage during
inclement weather. Mr. Gathman reviewed the surrounding land uses and stated the site is
located approximately one-quarter mile east of the municipal limits for the City of Greeley, and it
is well-screened, with fencing on all sides. He stated the proposal meets the intent of a Home
Business, which is incidental and secondary to the primary use of the property. He indicated
eleven referral agencies reviewed the proposal, and six responded indicating no concerns or
provided comments which have been addressed within the Conditions of Approval and
Development Standards. Mr. Gathman stated the site is also located within the three-mile
referral area for the Cities of Greeley, Evans, and Garden City. He stated the City of Greeley
inquired whether this was an existing non-conforming use, and, if approved, requested the
exterior building materials be consistent with the existing structures on the site. The City of
Evans indicated no concern with the proposal, and a response was not received from the City of
Garden City. Mr. Gathman displayed photographs of the site and surrounding properties.
In response to Chair Rademacher, Mr. Gathman stated staff recommends approval of the
application. Responding to Commissioner Conway, Mr. Gathman stated he has not received
any written or verbal communication regarding this request, no one provided testimony at the
Planning Commission hearing, and the notification sign was adequately posted. He also noted
the site is well-screened and there is only one small sign near the access indicating there is a
business located on the site.
Don Carroll, Department of Public Works, stated the site is accessed from East 16th Street,
which is a local paved road with 60 feet of right-of-way and an average daily traffic count
ranging from 600 to 1,100 vehicles, depending on the day. He stated the access is an existing
gravel drive, the site provides adequate internal traffic circulation, and a drainage feature will be
located on the west side of the site. He further stated the applicant will be required to control
noxious weeds on the property, it is not located in the floodplain, and staff recommends
approval.
Mary Evett, Department of Public Health and Environment, stated the residence restroom
facilities will be made available, and the house is connected to an existing septic system. She
stated since the operation will have no employees, an engineer evaluation of the system is not
required. She further stated water will be provided by an individual well, which is limited to
domestic uses, therefore, truck washing on the site is prohibited. Ms. Evett explained the
applicant intends to make minor equipment repairs on the site; however, any work regarding
vehicle fluids will be done at an off-site mechanics shop and the floor drain has been sealed.
She indicated Development Standard #14 was modified at the Planning Commission hearing;
however, the changes were inadvertently omitted from the Planning Commission Resolution.
(Clerk's Note: A corrected Resolution has been provided for the file.) Ms. Evett requested the
Standard be modified to read, "The application is proposing a well as its source of water, from
domestic use only. The applicant shall be made aware that groundwater may not meet all
drinking water standards, as defined by the Colorado Department of Public Health and
Environment. The applicant is encouraged to test the drinking water prior to consumption and
periodically thereafter." Responding to Chair Rademacher, Ms. Evett reiterated the site is
serviced by a domestic well, not a public water system.
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Otoniel Goldman, applicant, confirmed he intends to park the equipment indoors during poor
weather conditions, he will conduct no major mechanical repairs, and the equipment is used for
his business.
No public testimony was offered concerning this matter. In response to Chair Rademacher,
Mr. Goldman stated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards, as proposed and modified.
Commissioner Garcia moved to approve the request of Otoniel Goldman for a Site Specific
Development Plan and Use by Special Review Permit #1726 for an Accessory Building (a
proposed addition to an existing garage that will exceed four percent (4%) of the total lot area in
an approved or recorded subdivision or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, as detailed in Section 23-3-30 of the Weld County Code -
Union Colony Subdivision) and a Home Business (parking of two dump trucks) 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 also included the modification of Development Standard #14 to state, "The
application is proposing a well as its source of water, from domestic use only. The applicant
shall be made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is encouraged to
test the drinking water prior to consumption and periodically thereafter." The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:15 a.m.
This Certification was approved on the 29th day of March, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 75 •" - 3 ��. . vaCMs
Dougl._ Radema. er, Chair
Weld County Clerk to th= ':p- . .
+ ryf•t; _ 'EXCUSED
e e r.^r- Barbara Kirkmeyer, Pro-Tem
BY: d4 �� ��
Deputy Clerk : the Boar` i/ �y
+�►� Sean P. C ay v
hism F. rcia
David E. Long
2010-0601
PL2048
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1726 - OTONIEL GOLDMAN
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 March 2, 2010)
D. Planning Staff Sign Posting Certificate and photo
E-mail re: Correction to Development Standard #14,
E. Planning Staff dated 3/22/2010
F. Planning Staff Certification and Photo of sign posting
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