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Home My WebLink About20080687.tiff HEARING CERTIFICATION DOCKET NO. 2008-10 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1635 FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT(4%)OF THE TOTAL LOT AREA,ON A LOT PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - OPAL ELAINE STUART AND LARRY SPEER A public hearing was conducted on February 20, 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 Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Roger Caruso Health Department representative, Lauren Light Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 1, 2008, and duly published February 6, 2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Opal Elaine Stuart and Larry Speer for a Site Specific Development Plan and Use by Special Review Permit#1635 for Accessory Buildings with gross floor area larger than four percent(4%)of the total lot area, on a lot part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Roger Caruso, 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 site is located north of Barley Avenue, also known as County Road 16, and east of County Road 31, and he gave a brief description of the uses of surrounding properties. He indicated no letters of objection have been received, and stated the site is currently in violation due to the excessive size of the hay storage building; however, approval of this application will remedy the violation. He further stated the site is located within the three-mile referral area for the City of Fort Lupton, which indicated no conflicts with the proposal, and ten referral agencies responded favorably, or provided comments which have been addressed within the Conditions of Approval and Development Standards. He displayed photographs of the site and surrounding area, and in response to Chair Jerke, he explained the applicant originally was notified that a building permit was not necessary for an agriculturally-exempt building; however, during construction of the building, it was discovered that the building exceeded four percent of the total lot area,therefore, the applicant was directed to apply for a Use by Special Review Permit. Further responding to Chair Jerke, Mr. Caruso stated the building contains three sides and a roof, and is thirty-foot by thirty-foot. 2008-0687 f• PIA fi HEARING CERTIFICATION - OPAL ELAINE STUART AND LARRY SPEER (USR #1635) PAGE 2 Lauren Light, Department of Public Health and Environment, stated the Department does not have concerns regarding the application,and she indicated the applicant has submitted a DustAbatment Plan, therefore, Condition of Approval #3.B may be deleted from the Resolution. Don Carroll, Department of Public Works, stated according to the road study completed by Felsburg, dated June, 2002, Barley Avenue is classified as an arterial roadway, requiring 140 feet of right-of-way. He indicated if the applicant were to reserve the required 70 feet of right-of-way from the centerline of the road, the recently completed structure will be located within the future right-of-way. He further stated the applicant has requested a second access; however, the Department is requesting the access be minimized to one. He reiterated the structure is thirty-foot by thirty-foot, and the City of Fort Lupton has annexed the portion of Barley Avenue/County Road 16 which is adjacent to the applicant's property. He explained the City of Fort Lupton intends to complete expansion of the roads from U.S. Highway 85 to County Road 31, and the City provides maintenance of County Road 16 to the water treatment plant located to the east. Mr. Carroll explained 60 feet of right-of-way currently exists, and he concurs with classifying the road as a local paved road since the City of Fort Lupton has annexed the road. He indicated the location of the property on the map provided, and in response to Chair Jerke, he reiterated the road study completed by Felsburg indicates County Roads 16 and 18 should be classified as arterial roadways. Responding to Chair Jerke, Mr. Caruso explained the site was previously permitted as a kennel for up to 20 dogs; however, the permit has been vacated. In response to Commissioner Garcia, Mr. Carroll indicated Barley Avenue/County Road 16 is a paved road, and the newly constructed structure is located in very close proximity to the road. Responding to Commissioner Rademacher, Mr. Carroll indicated many of the surrounding property owners, who have placed structures on their respective properties before the study was completed,will also be affected if the future right-of-way is required to be 70 feet from the centerline of Barley Avenue/County Road 16. Further responding to Chair Jerke, Mr. Carroll clarified the study is utilized by the Department of Public Works as a guide, and has not been adopted, therefore the County is not obligated to comply with the recommendations. Elaine Stuart,applicant, stated she was informed about the need to obtain a Use by Special Review Permit since the building exceeded four percent of the total lot area,and she obtained early release of a building permit for the structure, therefore the structure is completed, and is waiting for final approval. She clarified the structure is utilized for hay storage, and is 900 square feet in size, and all other buildings located on her property have been properly permitted. She further clarified a truck will deliver approximately 300 to 400 bales of hay for her horses, one time per year. In response to Chair Jerke, Ms. Stuart stated the construction of the structure was completed in compliance with the current building codes, and indicated the structure has been buried into cement at a depth of approximately three to five feet. She further stated the structure has been inspected on several occasions, as well as reviewed by an engineer, and has been determined to be in complete compliance. In response to Commissioner Masden,she indicated the siding utilized matches the siding of her residence, and her property is approximately 1.16 acres in size. She further stated the current chain link fence is actually located inside of the property boundary; however, the fence was constructed before she purchased the property in 1987. No public testimony was offered concerning this matter. 2008-0687 PL1392 HEARING CERTIFICATION - OPAL ELAINE STUART AND LARRY SPEER (USR#1635) PAGE 3 In response to Chair Jerke, Ms. Stuart indicated she has reviewed, and concurs with, the Conditions of Approval and Development Standards. Commissioner Rademacher expressed his appreciation to Ms. Stuart for keeping her property so clean and organized. Ms.Stuart indicated she is constantly striving to improve her property,as well as encouraging other property owners within the subdivision to do the same. Commissioner Masden concurred with Commissioner Rademacher and stated he is pleased that the property is neat and tidy. Commissioner Masden moved to approve the request of Opal Elaine Stuart and Larry Speer for a Site Specific Development Plan and Use by Special Review Permit #1635 for Accessory Buildings with gross floor area larger than four percent(4%) of the total lot area, on a lot part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 11:10 a.m. This Certification was approved on the 25th day of February, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 67) 4 • l/ // g J . Jerke, Chair Weld County Clerk to the Board 4.44 r y J s Robe .; asde Pro-Tem BY: c'�� ce-`. r.e �• z Deputy Clerk to the Board ✓ � - . Garcia David E. Long Doug as Rade acher 2008-0687 PL1392 EXHIBIT INVENTORY CONTROL SHEET Case USR #1635 - OPAL ELAINE STUART AND LARRY SPEER 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 12/18/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and photo of sign posting F. G. H. J. K. L. M. N. O. P. a. R. S. T. U. 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