HomeMy WebLinkAbout20090519.tiffHEARING CERTIFICATION
DOCKET NO. 2009-10
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1678
FOR 30 CARGO CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT - WAYNE
HARSH
A public hearing was conducted on March 4, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Laurie Exby
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated January 23, 2009, and duly published January 30,
2009, in the Greeley Tribune, a public hearing was conducted to consider the request of Wayne
Harsh for a Site Specific Development Plan and Use by Special Review Permit #1678 for 30 Cargo
Containers in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter
of record.
Michelle Martin, 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. She
stated the site is located south of County Road 30 and west of County Road 47, and is outside of
the floodplain boundary. She confirmed the applicant will be utilizing the cargo containers for
personal storage of vehicles, tools, and equipment, since the containers serve to protect and
screen his personal belongings from weather, animals, and vandals. She indicated the surrounding
properties are generally agricultural in nature, with single-family residences, and she briefly
described other Use by Special Review (USR) Permits within the surrounding area. She further
indicated the site is not located within the three-mile referral area for any municipality, and the site
currently is in violation of the Weld County Code, due to the presence of multiple cargo containers
on the site without the appropriate permit. She confirmed if the application is approved by the
Board, the violation will be closed; however, if the application is denied by the Board, the matter
will proceed through the County Attorney's Office. She proposed additional language to be added
as Development Standard #3, contained within Exhibit E, which states, "Prior to the Use by Special
Review (USR) area being leased, transferred, or sold, the applicant shall apply, in writing, and
receive written approval in the appropriate County land division process (Recorded Exemption,
Subdivision, Planned Unit Development, or Subdivision Exemption)." She confirmed the proposed
language was drafted in conjunction with the County Attorney, in response to Senate Bill 35.
Ms. Martin displayed photographs of the site and surrounding area, and indicated the cargo
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containers will be located on approximately eight of the overall 118 acres on which the applicant
resides. In response to Chair Garcia, Ms. Martin confirmed the cargo containers will be utilized
solely for personal storage. Responding to Commissioner Kirkmeyer, Ms. Martin confirmed there
are currently 25 cargo containers located on the site, and she will let the applicant address why he
is requesting a total of 30 cargo containers; however, she does understand he is planning for a
potential addition. Further responding to Commissioner Kirkmeyer, Ms. Martin indicated the
photographs submitted by the applicant at the Planning Commission hearing, indicating the
progress of the clean-up of the site, are included in the file as PC Exhibits. Commissioner Kirmeyer
stated the photographs appear to indicate the applicant is utilizing railroad cars for screening
purposes on the site. Ms. Martin confirmed the applicant is in the process of removing all
non-commercial junkyard items from the property, or appropriately placing the items within the
cargo containers. She further confirmed the applicant has provided a plan for the placement of the
containers, and the containers will be placed within a "U" shaped formation.
Laurie Exby, Department of Public Health and Environment, stated water and sewer service are
not required, since the containers will be utilized for private storage. She confirmed the residence
contains an existing septic system, and it is not located within the same area as the cargo
containers. She clarified Development Standards #6 through #12 address the comments provided
by the Department, and there are no outstanding concerns.
David Snyder, Department of Public Works, stated County Road 30 is classified as a collector road,
requiring 80 feet of right-of-way at full buildout, and County Road 47 is a Section Line road, and
the most recent traffic counts, completed in the year 2007, indicate an average of 507 vehicle trips
per day for County Road 30. He explained since the applicant is utilizing the cargo containers for
personal storage, no additional traffic impact is expected, and the Department does not have any
outstanding concerns.
Wayne Harsh, applicant, clarified there are no railroad cars located on his property. He indicated
some of the containers on the site are constructed of steel, which are 40 feet in length, and some
of the containers are constructed of aluminum, which are 48 feet in length. In response to Chair
Garcia, Mr. Harsh indicated he is requesting an additional five cargo containers in anticipation of
possibly needing a few more containers in the near future. He clarified he is the first person within
Weld County to request a USR permit for cargo containers, and he purchased many of the cargo
containers when he moved to the property in order to properly store his equipment and valuable
cars. He further clarified he has been trying to divide his property through the PUD process for
several years, in order to sell some property to gain funds to built a new shop building; however,
he has been unsuccessful at his attempts. He stated the equipment on the site would be damaged
if it were to sit outside and be exposed to the weather and animals, and the current configuration
of the containers does help to screen the heavy equipment on the site from the neighboring
properties. He confirmed he wants to keep the property clean, and the photographs indicate he
is in the process of sorting and selling scrap materials; however, he has made dramatic
improvement at the property since the previous photographs. He clarified he most likely will never
place another five cargo containers on the site, and ideally, he will remove several of the containers
once he is able to build a workshop on the site. He explained several of the containers are getting
old, which creates maintenance problems with the doors, etcetera, and he will most likely remove
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these containers from the property first. Further responding to Chair Garcia, Mr. Harsh confirmed
there is no electric service to the containers, and they are strictly utilized for storage purposes.
No public testimony was offered concerning this matter.
In response to Chair Garcia, Mr. Harsh indicated Ms. Martin did notify him of the proposed
additional language for new Development Standard #3, and he confirmed leasing his property is
not an option for him, therefore, he concurs with the proposed language. He explained his former
property contained seventeen cargo containers, which were brought to his current property, and
he was not aware that the Weld County Code was modified in 2006, therefore, he was not in
compliance by having the containers on his site. Responding to Commissioner Rademacher,
Ms. Martin confirmed the applicant will not be required to provide additional screening, and she
reiterated the applicant is in the process of removing the non-commercial junkyard materials from
the site. Further responding to Commissioner Rademacher, Ms. Martin indicated the applicant is
required to obtain a building permit, as addressed within Development Standard #5, because a
cargo container is considered to be a structure. Mr. Harsh indicated Ms. Martin explained the need
for a building permit; however, he believes the requirement is ridiculous, especially since he has
already indicated the configuration of the containers on the site, and they will not be moved once
they are set. Commissioner Rademacher indicated he does not believe the relocation of a cargo
container should require a building permit; however, the addition of any new cargo container(s)
should require a new building permit. Mr. Harsh concurred with Commissioner Rademacher.
In response to Commissioner Kirkmeyer, Ms. Martin indicated Tom Honn, Director of Planning
Services and Weld County Building Official, may address the specific requirements and the cost
of a building permit. Mr. Harsh indicated he previously asked the same question, and staff
indicated to him that they were not sure if each container would require a building permit, or if all
of the containers could be included within one building permit, which was the case on his previous
property. Commissioner Kirkmeyer further questioned whether there are any public safety issues
addressed within the requirement of a building permit for these containers. Mr. Honn indicated the
building permit is a minimal cost since the structure is existing; therefore, the containers will be
inspected for proper setback distances, and a proper anchor method. He explained the containers
are not likely to blow over, or be moved by strong winds; however, they are required to be properly
anchored to avoid a public safety issue. Chair Garcia questioned whether the applicant will be
required to apply for a building permit for each container as it is moved, or if all of the containers
could be included within one permit if they are moved within a short time frame. He indicated it is
his desire to efficiently utilize staff time and to reduce potential fees paid by the applicant.
Mr. Honn confirmed if the applicant were to relocate all of the cargo containers within a close period
of time, it could be arranged for the applicant to apply for one building permit, explaining his plans,
and staff could inspect the entire relocation process, rather than individual containers. He clarified
cargo containers contain a different purpose if they are utilized in conjunction with a semi -truck or
railroad car; however, once a container is placed upon a property, it is defined as a structure, which
is why a building permit is required.
Commissioner Rademacher indicated he is still unsure if the applicant would be required to obtain
a building permit if he wanted to move only one or two of the containers at some point in the future.
He indicated he is not convinced that the containers need to be anchored, since he believes the
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containers will not be moved, except in case of a tornado. Mr. Harsh indicated he had a Wind
Survey completed, and it was determined these containers weight 9,500 pounds when they are
empty, and with the placement of the equipment inside the container, he estimated most of the
containers weigh over 20,000 pounds, which will be sturdier than his residential structure during
a potential tornado. He further indicated the soil on his property is very sandy, therefore, anchoring
the containers will not be beneficial. He confirmed he has provided a lot of preparatory work for
many of the containers on the site, including laying down heavy dirt underneath the sand for better
drainage, and he has not had any rusting problems as a result. He indicated moving the containers
will not be easy, since each of the individual containers will have to be emptied before it is moved,
as he does not have equipment large enough to pick up the containers when they are loaded. He
confirmed he is currently in the process of cleaning out several of the containers, getting rid of
materials which are no longer needed, and then placing the remaining materials on pallets so that
they are more easily removed in the future. He further confirmed he plans to have everything
emptied and cleaned up by Summer, 2009; however, there is no way he could have all of the
containers moved within a two-week time period.
In response to Commissioner Kirkmeyer, Mr. Barker indicated the potential exists for the County
to be held liable for damage to surrounding properties if the Department of Building Inspection
knowingly did not require the applicant to obtain a building permit or anchor the containers.
Commissioner Kirkmeyer indicated she understands it will not be easy for the applicant to relocate
the containers, and he most likely will not be moving them once they are placed; however, she
prefers for staff to be able to check all of the containers during one inspection after the containers
are all properly placed. She indicated she does not support removing the requirement of a building
permit entirely, due to the potential for tornadoes within the area, and because of the liability issue
for Weld County if a permit was not required. Mr. Harsh explained he was raised in Wisconsin,
where many tornadoes occur and regularly tear structures apart; however, these containers are
constructed of steel, and they will not come apart within a tornado. He further explained the
containers might be blown over; however, he lives within a remote area, and his neighbors will not
be impacted.
Mr. Honn suggested the Board create a statement of intent for the coordination and simplification
of the building permit process, indicating the containers must meet the requirements of the Weld
County Code; however, staff has the ability to administratively manage the process, in order to
create a benefit for the applicant and the efficiency of staff. He clarified several amendments to
the Weld County Code are expected within the upcoming year, and staff will be exploring the use
of cargo containers for storage, at which time the building permit requirement may be reviewed.
He confirmed it is possible that a modification to the Weld County Code could be issued by the
Board, indicating the exception that building permits are not required, before the applicant is ready
to move forward with this site. He reiterated it is currently required that cargo containers obtain a
building permit, and they are required to be anchored.
Commissioner Rademacher indicated he concurs with the thoughts presented by Commissioner
Kirkmeyer, and he understands that the Board must enforce the requirements within the Weld
County Code; however, he is interested in seriously reviewing these requirements within the near
future, in order to modify the Weld County Code. In response to Commissioner Rademacher,
Mr. Barker suggested defining the term of relocation within Development Standard #5. Mr. Harsh
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reiterated once the containers are placed within the configuration he provided to staff, he will not
be moving the containers again. In response to Mr. Barker, Mr. Harsh confirmed he does not have
an intention to move the containers, even a small distance of a few feet. Mr. Barker suggested the
term "relocation" be defined as the moving of cargo containers more than a specific number of feet
from the original location. He clarified Mr. Honn was previously indicating the request of an
applicant for special circumstances, through an appeal to the Building Code Board of Appeals,
could be considered, and if the applicant desires to challenge the issue of requiring the containers
to be anchored, he could begin an appeal process.
Mr. Honn indicated the applicant has reiterated the containers will not be relocated once they are
repositioned; however, many of the containers will be moved within specific "clusters" on the site,
therefore, each of the "clusters" may obtain a building permit. He confirmed staff can work with the
applicant to accommodate a reasonable solution. Commissioner Rademacher indicated he prefers
no modifications be made to the language within the Resolution, and in response, Mr. Honn
requested the Board to create a statement of intent, instructing staff to accommodate a reasonable
way to provide group -type building permits. In response to Mr. Honn, Mr. Harsh reiterated each
"cluster" will contain four containers, and he will not move the containers once the "clusters" are
set. Commissioner Kirkmeyer indicated she does not believe an intent of the Board needs to be
included within the Resolution; however, for the record, the Board directs staff to exercise common
sense and practicality in utilizing Department resources, as well as the resources of the applicant,
and that the building permit process be completed within the most organized manner possible. The
Board concurred with the statement provided by Commissioner Kirkmeyer, and with the addition
of new Development Standard #3, as referenced in the memorandum provided by Ms. Martin.
In response to Chair Garcia, Mr. Harsh indicated he still questions the necessity of anchoring the
containers, as they are constructed to withstand substantial winds, therefore, he sees no reason
to anchor the containers on his property. In response, Chair Garcia indicated the Board has
discussed the issue, and the requirement of anchoring the containers is listed within the Weld
County Code; however, there is a possibility that the requirement could be modified within the near
future. He further indicated the Board has directed the Building Official to use common sense in
his oversight of this situation. Mr. Harsh indicated he was not aware before today that the Weld
County Code required these containers to be anchored. In response to Chair Garcia, Mr. Harsh
indicated he has reviewed, and concurs with, the Conditions of Approval and Development
Standards, as modified. Commissioner Kirkmeyer expressed her appreciation to Mr. Harsh for
cleaning up the site and appropriately moving forward with the USR process.
Commissioner Kirkmeyer moved to approve the request of Wayne Harsh for a Site Specific
Development Plan and Use by Special Review Permit #1678 for 30 Cargo Containers 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 addition of new Development Standard #3 to state, "Prior to the
Use by Special Review (USR) area being leased, transferred, or sold, the applicant shall apply, in
writing, and receive written approval in the appropriate County land division process (Recorded
Exemption, Subdivision, Planned Unit Development, or Subdivision Exemption)." The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:20 a.m.
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This Certification was approved on the 9th day of March, 2009.
APPROVED:
ATTEST: getki
Weld County Clerk to t
BY:
Deputy Clerk to the Board" -
BOARD OF C, LINTY COMMISSIONERS
WELQccCO Y, COLORADO
illiam F. Garcia, Chair
arb:r- irkmeyer
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1678 - WAYNE HARSH
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/17/2009)
D. Planning Staff Certificate and photo of sign posting
E. Planning Staff Memo re: Addition of Development
Standard, dated 03/03/2009
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF MARCH, 2009:
DOCKET #2009-10 - Wayne Harsh
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
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