HomeMy WebLinkAbout20090714.tiffHEARING CERTIFICATION
DOCKET NO. 2009-13
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1685
FOR A HOME BUSINESS (AUTO REPAIR AND SERVICE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - BENJAMIN HANSFORD, SR.
A public hearing was conducted on April 1, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
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, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated February 18, 2009, and duly published February 27,
2009, in the Greeley Tribune, a public hearing was conducted to consider the request of Benjamin
Hansford, Sr., for a Site Specific Development Plan and Use by Special Review Permit #1685 for
a Home Business (auto repair and service) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record. Chair Garcia advised the applicant, Benjamin
Hansford, Sr., 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 in the event of a tie vote, Commissioner Conway will review the record and make the
determining vote. Mr. Hansford indicated he would like to proceed today.
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 and adjacent to Caroline Avenue, and west of and adjacent to
Richard Street, within the Aristocrat Ranchettes Subdivision. She clarified the applicant currently
operates an auto repair and service business, which provides automotive tune-ups, oil changes,
and other miscellaneous repairs. She indicated the site is not located within an Intergovernmental
Agreement area; however, the site is located within the three-mile referral area for the City of Fort
Lupton, which provided a referral response indicating no conflicts. She gave a brief description of
the surrounding area, and referenced the nine other USR permits within the Subdivision. She
indicated the property is currently in violation, for the operation of the business without an approved
USR permit. She further indicated, if the application is approved, the violation will be closed;
however, if the application is not approved, the matter will be referred to the County Attorney's
Office, with a delay of legal action for thirty days. Ms. Martin displayed photographs of the site and
the surrounding area, indicating the existing garage/shop building located on the site. She
confirmed the applicant intends to store any vehicles kept overnight within a screened enclosure
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to the north of the garage/shop building. Commissioner Kirkmeyer indicated a surrounding
property owner, Lori Kier, provided a letter indicating she opposes the proposed fencing
requirements. Ms. Martin clarified Ms. Kier has objected to the erection of a fence along the
applicant's western property boundary, and staff has agreed that the applicant does not have to
install that particular portion of fencing unless his property is sold, or Ms. Kier's property is sold, at
some point in the future. Responding to Chair Garcia, Ms. Martin confirmed she has not personally
corresponded with Ms. Kier.
David Snyder, Department of Public Works, stated the site is adjacent to Caroline Avenue and
Richard Street, both of which are classified as local gravel roads, containing 60 feet of righ-of-way.
He confirmed the existing drainage pattern on the site is adequate, as well as the existing access
to the site, and the Department has no outstanding concerns with the application.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from the Aristocrat Ranchette Water Project, which indicated no concerns with the proposed uses
on the site. She further stated the site is served by an existing septic system, and staff has
determined that utilization of the existing septic system will be adequate since the business does
not have any employees. She indicated the applicant has clarified that no vehicles will be washed
on the site, and catch plans will be utilized to contain fluids. She further confirmed the Dust
Abatement Plan and the Waste Handling Plan have been submitted and approved, and there are
no outstanding concerns with the application.
Mr. Hansford indicated he has been providing auto services for a number of years, and he has
never received any complaints from his neighbors. He confirmed he desires to keep his property
clean, he is involved and volunteers within his community, and is committed to improving the
appearance and character of the subdivision. He clarified he constructed an opaque fence along
the western boundary of his property, and once the fence was in place, Ms. Kier indicated she did
want the opaque fencing to remain. He further clarified his neighbors have never complained about
vehicles being visible on the site in the past, and he confirmed he does not store junk parts or
derelict vehicles on the site. Responding to Chair Garcia, Mr. Hansford reiterated the fence was
constructed at the request of County staff, and he confirmed he originally did not want to place a
fence along the western boundary of the property. He explained his neighbors have indicated they
would rather be able to see the cars on his property than to have a fence limit their view. He
confirmed the fence was constructed for screening purposes only, and he requested permission
from Ms. Martin to remove the fence once he began to receive complaints from Ms. Kier. He
indicated he also prefers for no fencing to be required along the western boundary of the property;
however, he does still have the portion of fencing available if the Board determines there is a need
to put it back in place.
In response to Chair Garcia, Mr. Hansford indicated the hours of operation listed within
Development Standard #27 are adequate, and confirmed the auto business is his main occupation.
He further stated he very rarely works past 6:00 p.m., and his customers understand his need to
have time away from his work in the evenings. Chair Garcia indicated he just wants to make sure
the applicant had adequate time to complete his work, and is not hindered by the listed hours of
operation. Mr. Hansford confirmed he does reside on the property, and he has specifically set the
defined hours so that his business time does not intrude upon his personal time. He further
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confirmed when he first began operations at this site, he contacted all of the surrounding property
owners, none of which had concerns regarding the activities on the site, and no neighbors have
recently indicated any concerns. He indicated he made a promise that the property would not
become trashed out, like many of the other properties within subdivision, and further promised his
neighbors that he would not work during late night hours. He confirmed he does not store
contaminants on the site. Further responding to Chair Garcia, Mr. Hansford indicated he is the sole
employee of the business, his son helps him on occasion, and he does not envision a need for
other employees.
Commissioner Rademacher indicated he would like the hours of operation to contain flexibility, and
he suggested, if the applicant is agreeable with operations ceasing at 6:00 p.m., that the hours of
operation be allowed from 8:00 a.m., to 6:00 p.m., Monday through Saturday, instead of by
appointment only on Saturdays. Following discussion between Mr. Hansford and Commissioner
Rademacher, Mr. Hansford requested that Development Standard #27 be modified to state, "Hours
of operation shall be from 8:00 a.m., to 6:00 p.m., Monday through Saturday." Commissioner
Rademacher indicated Development Standard #30 limits the applicant to only allow four vehicles
to be parked on the site; however, he does not anticipate any concerns if the applicant has a need
to park a larger number of cars, since the parking is screened. Following discussion between
Mr. Hansford and Commissioner Rademacher, Mr. Hansford requested a modification to allow up
to six (6) vehicles to be parked on the site.
Commissioner Kirkmeyer indicated the site is located within a residential area, not within a
commercial area, therefore, she has reservations about increasing the number of vehicles which
may be parked on the site at one time. She indicated she understands the applicant may find
himself in an emergency situation in which a customer must have a car towed to the site, and it
may be possible to modify the language to accommodate emergencies. She clarified the Board
has spent a lot of time and energy working with property owners within the subdivision, and she
expressed her appreciation to Mr. Hansford for being a good neighbor and for keeping a tidy
property. Commissioner Rademacher reiterated the parking area for the vehicles is screened, and
the vehicles are not parked on the site for a long period of time, therefore, he supports the
applicant's request to increase the number of parked vehicles on the site to six (6).
Bruce Fitzgerald, Weld County resident, indicated he has been friends with Mr. Hansford for many
years, and Mr. Hansford has also been his personal mechanic for many years. He clarified he is
a shop teacher by trade, teaching automotive mechanics, and he does most of the work necessary
on his personal vehicle; however, he appreciates help from the applicant once in awhile for more
complex repairs. He confirmed he does not want to lose a good mechanic, and he requested the
Board approve the application. There being no further testimony, the Chair closed the public input
portion of the hearing.
In response to Chair Garcia, the Board concurred with the modification of Development
Standard #27 to state, "Hours of operation shall be from 8:00 a.m., to 6:00 p.m., Monday through
Saturday." Commissioner Rademacher reiterated the request for the applicant to be allowed to
store up to six vehicles on the site, since an adequately screened area is available. Responding
to Chair Garcia, Mr. Snyder and Ms. Light indicated no concerns with the increased number, and
Ms. Martin indicated the applicant will need to verify that six vehicles will all fit within the screened
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area. Further responding to Chair Garcia, Mr. Hansford confirmed six vehicles will be a tight fight;
however, it will be possible to store six vehicles within the screened area.
Commissioner Kirkmeyer expressed her concerns and indicated she does not want other neighbors
within the subdivision to assume the incorrect message that parking six vehicles on a property is
allowed. She confirmed she concurs with the request for an increase to six vehicles only if a time
limit for the vehicles is created, such as the vehicles are only allowed to remain parked on the site
for less than thirty (30) days. In response, Mr. Hansford confirmed he does not like to keep
vehicles on the property any longer than absolutely necessary, especially since he is responsible
for possible damages to the vehicle while they are in his care. He confirmed he has obtained
adequate insurance for liability purposes. He explained the only time a vehicle remains on the site
for an extended period of time is if he has to special order a specific part, otherwise, a majority of
the vehicles are serviced and retrieved by the owner on the same day. Following discussion
between Commissioners Rademacher and Kirkmeyer, the Board concurred with the modification
of Development Standard #30 to state, "In addition to personal vehicles, no more than six (6)
vehicles may be parked on the site at one time. When customer vehicles are parked on the site
overnight, they must be located within the screened area. No one vehicle may remained parked
at the site for more than thirty (30) days." In response to Commissioner Kirkmeyer, Ms. Martin
confirmed language concerning the fencing is included within Development Standard #4.
In response to Chair Garcia, Mr. Hansford indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Benjamin Hansford, Sr., for a Site
Specific Development Plan and Use by Special Review Permit #1685 for Home Business (auto
repair and service) 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, and modified. Her motion included the modification of Development
Standard #27 to state, "Hours of operation shall be from 8:00 a.m., to 6:00 p.m., Monday through
Saturday."; and the modification of Development Standard #30 to state, "In addition to personal
vehicles, no more than six (6) vehicles may be parked on the site at one time. When customer
vehicles are parked on the site overnight, they must be located within the screened area. No one
vehicle may remained parked at the site for more than thirty (30) days." The motion was seconded
by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:00 a.m.
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HEARING CERTIFICATION - BENJAMIN HANSFORD, SR. (USR #1685)
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This Certification was approved on the 6th day of April, 2009.
APPROVED:
BOARD OF CO - COMMISSIONERS
WE DCO
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ATTEST: 1/
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Weld County Clerk to th
BY.
Deputy Cler, o the Board EXCUSED
Se n P. Conway
A
arb•,
David E. Long
2009-0714
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1685 - BENJAMIN HANSFORD, SR.
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 17, 2009)
D. Planning Staff Certification and Photo of sign posting
Kerr-McGee Gathering,
E. LLC Letter of Concern, dated 03/16/2009
F. Applicant E-mail of clarification to Anadarko, dated 03/16/2009
Kerr-McGee Gathering,
G. LLC Letter retracting concern, dated 03/17/2009
H. Shirley Hunt Letter of Support, dated 03/16/2009
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