HomeMy WebLinkAbout20080294.tiff HEARING CERTIFICATION
DOCKET NO. 2008-05.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1193 FOR A JUNKYARD AND SALVAGE YARD IN THE A(AGRICULTURAL)
ZONE DISTRICT - GARY NOVOTNY
A public hearing was conducted on May 21, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia - RECUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
The following business was transacted:
I hereby certify that pursuant to a notice dated January 4, 2008, and duly published January 9,
2008, in the Fort Lupton Press, a public hearing was conducted on January 23, 2008, to consider
the request of Gary Novotny for a Site Specific Development Plan and Amended Use by Special
Review Permit#1193 for a junkyard and salvage yard in the A(Agricultural)Zone District. At said
hearing, the Board deemed it advisable to continue the matter to May 21, 2008, to allow
Mr. Novotny adequate time to clear the site pursuant to the terms of a Sales Agreement for the
property. On May 21, 2008, Bruce Barker, County Attorney, made this a matter of record.
Jacqueline Hatch, Department of Planning Services, stated she conducted a site inspection on
May 19, 2008, to verify whether the business had been removed from the site. She stated it was
noted that while there were signs of improvement, approximately 20 truck trailers and
miscellaneous materials still remain on the site. Ms. Hatch stated she contacted Mr. Novotny, who
is currently out-of-state, and he faxed staff an authorization for his daughter to speak as his
representative in this matter. She stated staff requests a continuance until July 18, 2008, to allow
adequate time for Mr. Novotny to return and complete the necessary work to clear the site.
Annette Peters represented the applicant and stated due to the high price being paid for scrap
metal, most of the recycling centers are full and her father has nowhere to take the metal. She
stated selling the scrap metal will clear most of the site; however, there are still some items to
remove. In response to Commissioner Masden, Ms. Peters stated she is uncertain of when Mr.
Novotny will be able to complete the necessary work at the site.
Responding to Chair Jerke, Ms. Hatch stated if the case is denied, the site will remain subject to
the original Use by Special Review(USR) permit. She stated the applicant does have the option
of containing the remaining trailers to the original five (5) acres, or proceed through the Violation
process. Ms. Peters stated Mr. Novotny no longer has more than what is allowed under the original
USR, and it would be possible for him to contain the materials to the designated five-acre site.
2008-0294
PL1267
HEARING CERTIFICATION - GARY NOVOTNY (AMUSR #1193)
PAGE 2
Commissioner Rademacher stated he does not want to continue the matter; however, it is also
difficult to approve the matter if the applicant intends to withdraw the request once the site is in
compliance.
Chair Jerke stated he would prefer to deny the application, since the use is being cleared.
Mr. Barker cautioned against a denial with no specific evidence or findings. In response to
Commissioner Masden, Ms. Peters reiterated it will be possible to revert back to the original five
acres. She explained the sales contract includes a `No Compete' clause, therefore, he cannot
continue the salvage yard operation.
No public testimony was offered concerning this matter.
Commissioner Jerke moved to deny the request of Gary Novotny for a Site Specific Development
Plan and Amended Use by Special Review Permit #1193 for a junkyard and salvage yard in the
A (Agricultural) Zone District. The motion was seconded by Commissioner Rademacher and it
carried unanimously. There being no further discussion, the hearing was completed at 1:45 p.m.
This Certification was approved on the 28th day of May, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
/J �►�*� pa Y j WELD COUNTY, COLORADO
ATTEST:
*v 1,t9 Will' H. Jerke, Chair
Weld County Clerk t• a . l� i � � (� \nn
Robert D. Masden, Pro-Tem
BY: ,.1 ►� � '.,ts�%
Deputy Clerk o the Board RECUSED
Willia F. Garcia
ck. (Cm
O
David E.
Long
Dougla Rademach r
2008-0294
PL1267
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1193 - GARY NOVOTNY
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 11/20/07)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Anonymous Letter of Concern, dated
11/20/2007
F. Planning Staff Certification and Photo of sign posting
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