HomeMy WebLinkAbout20101070.tiff HEARING CERTIFICATION
DOCKET NO. 2010-17
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1732 FOR A KENNEL (UP TO 15 PERSONAL DOGS) IN THE A (AGRICULTURAL)
ZONE DISTRICT- MICHAEL AND PAMELA WEISS
A public hearing was conducted on May 26, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated April 20, 2010, and duly published April 22, 2010,
in the Windsor Beacon, a public hearing was conducted to consider the request of Michael and
Pamela Weiss for a Site Specific Development Plan and Use by Special Review Permit #1732
for a Kennel (up to 15 personal dogs) in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record. Chair Rademacher advised the applicant, Michael
Weiss, that he has the option of continuing the matter to a date when the full Board will be
present. However, if he decides to proceed today, the matter will require three affirmative votes,
or the matter will be deemed denied. Mr. Weiss indicated he would like to proceed with the
hearing.
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 property is currently in violation for the presence of too many household pets
without the required permits. He indicated the site is located north of County Road 26, and one
mile west of County Road 31. He stated the site is located within the three-mile referral area for
the Town of Platteville, and the referral response provided by the Town indicated no conflicts
with the proposed use. He indicated fourteen referral agencies reviewed the application
materials, and six responded favorably or provided comments which have been addressed
within the Conditions of Approval and Development Standards. He confirmed no letters or
telephone calls have been received regarding this case, and he displayed photographs of the
site and the surrounding area, depicting that the site is fenced and gated. He clarified the
nearest residence is approximately 1,500 feet to the south, and in response to Commissioner
Garcia, he confirmed a surrounding property contains a USR permit for a private airstrip.
Heidi Hansen, Department of Public Works, stated County Road 26 is classified as a local
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HEARING CERTIFICATION -MICHAEL AND PAMELA WEISS (USR-1732)
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gravel road, requiring 60 feet of right-of-way at full buildout, which is already reserved. She
confirmed the applicant will be utilizing the existing access to the site, and the Department does
not have any requirements or concerns regarding storm water drainage on the site. She
confirmed the dogs on the site all belong to the applicant, and a kennel business will not be
operated from the site.
Lauren Light, Department of Public Health and Environment, stated the site contains a domestic
well, which is sufficient since there will be no customers or employees on the site. She
confirmed the dogs on the site are all the personal dogs of the applicant, therefore, the
Department does not have any concerns with the well permit or septic system, and the Dust
Abatement and Waste Handling Plans have already been approved. She clarified the applicant
was able to address many of the Conditions of Approval before today's hearing.
Mr. Weiss stated his wife is an avid supporter of animal rescue, and they have worked to foster
and place many dogs for adoption within surrounding communities. He clarified he did not
previously obtain a permit because he did not realize that a permit was necessary. He
confirmed the dogs on the site are all his personal pets, and the site is not operated as a kennel
business. He explained he and his wife have recently retired from rescue operations and have
downsized the number of dogs at the home, and all of the dogs which could not be placed for
adoption became their personal pets. Responding to Commissioner Garcia, Mr. Weiss
confirmed the applicant originally requested approval for up to 25 dogs; however, upon
discussions concerning the Pet Animal Care Facilities Act (PACFA), it was determined that a
maximum of fifteen (15) dogs would be allowed at the site. He clarified any more than 15 dogs
would require obtaining a shelter license, which is not his intent, therefore, he worked with staff
to amend the overall total of dogs to fifteen.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, Mr. Weiss confirmed he has no intentions of hiring
employees in the future, and he actually does not even have the option of doing so since this
permit is for the care of his personal dogs at his private residence. Responding to Chair
Rademacher, Mr. Ogle confirmed the various vehicles on the property must be screened from
adjacent properties and rights-of-way, therefore, staff requested that the applicant submit a
Screening Plan. Further responding to Chair Rademacher, Mr. Ogle confirmed the vehicles are
located in an area south of the existing residence on the property. Mr. Weiss confirmed he has
removed the vehicles from the property and they are now being stored within a shop building
owned by a friend. In response, Mr. Ogle suggested the deletion of Development Standard #22
and Condition of Approval #1.C. Mr. Weiss confirmed he understands if the vehicles are
brought back to the property at some point in the future, the vehicles must be adequately
screened. Chair Rademacher indicated the vehicles on the property are not related to the
request for the kennel permit, therefore, he agrees with the deletions proposed by Mr. Ogle. He
confirmed there have been no complaints regarding the property, therefore, the vehicles on the
property are not an issue, and it is Mr. Weiss's prerogative if he wants to park additional cars on
his property. In response to Mr. Ogle, the Board concurred with the deletion of Condition of
Approval #1.C, and Development Standard #22.
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HEARING CERTIFICATION - MICHAEL AND PAMELA WEISS (USR-1732)
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In response to Chair Rademacher, Mr. Weiss indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Long moved to approve the request of Michael and Pamela Weiss for a Site
Specific Development Plan and Use by Special Review Permit #1732 for a Kennel (up to 15
personal dogs) 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 the deletion of Condition of
Approval #1.C, with the required re-lettering, and Development Standard #22, with the required
re-numeration. The motion was seconded by Commissioner Garcia, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 7th day of June, 2010.
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�'/,�OARD OF COUNTY COMMISSIONERS
LD COUN ORADO
ATTEST: ' 4 ! �:•:w 'W , . > !
i.f.la- Rademacher, Chair
Weld County Clerk to the Boaz`;®� +
CUSED
�N�learbara Kirkmeyer, Pro-Tem
BY.
De. y Cler to the Board EXCUSED
Sean P. Co
4. Garcia
1j n
David E. Long
2010-1070
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1732 - MICHAEL AND PAMELA WEISS
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 05/04/2010)
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