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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT#1579 FOR A BUSINESS PERMITTED AS A USE
BY RIGHT OR ACCESSORY USE IN THE COMMERCIAL AND INDUSTRIAL ZONE
DISTRICTS (WELDING SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANNETTE HUNT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 23rd day of
May, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Annette Hunt, 13498 Weld County Road 6, Fort Lupton, Colorado 80621,for a Site
Specific Development Plan and Use by Special Review Permit#1579 for a Business permitted as
a Use by Right or Accessory Use in the Commercial and Industrial Zone Districts(welding shop)
in the A(Agricultural)Zone District on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption#1546;being part of the
NW1/4 NE1/4 of Section 29, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was present and represented by Richard Lopez,4450 Arapahoe
Avenue#100, Boulder, Colorado 80303, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4)states, "Conversion of agricultural land to nonurban residential,
commercial,and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall
attempt to be compatible with the region." The applicant failed to show that
the proposal was consistent with the provisions of Chapter 22 and other
applicable code provisions or ordinances.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code
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SPECIAL REVIEW PERMIT#1579 - ANNETTE HUNT
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provides for a Business permitted as a Use by Right or Accessory Use in the
Commercial and Industrial Zone Districts (welding shop) in the
A (Agricultural) Zone District. Currently, the property is alleged to be in
violation (VI-0600044), due to the operation of a welding facility without an
approved and recorded Use by Special Review Permit. The proposed use
of the property as a commercial welding operation is not consistent with the
intent of the district in which the proposed use is located.
c. Section 23-2-230.6.3--The proposed use is not compatible with the existing
surrounding land uses. The surrounding land use is agricultural and, with
residential use. The applicant testified that the site was to become all
commercial, as the applicant intended to make the residence an office
building, and intended to move to another residence.
d. Section 23-2-230.6.4--The proposed use will not be compatible with future
development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County
Code and any other applicable code provisions or ordinances in effect,or the
adopted Master Plans of affected municipalities.
e. Section 23-2-230.6.7--The application does not make adequate provisions
for the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County. There are concerns about fire hazards due to the
welding operation,adequate trash disposal,erratic hours of operation,and
traffic hazards, due to the large vehicles which enter and exit from the
applicant's property.
f. The Board also noted the Applicant's history. A zoning Code Violation was
presented to the Board of County Commissioners through a violation hearing
on July 12, 2006. At the hearing, the Board of County Commissioners
referred this case to the County Attorney for immediate legal action.
Furthermore, the Board of County Commissioners issued a Cease and
Desist Order determining that the use was not allowed to continue until a
Use by Special Review Permit application was approved. The property
owner continued to operate the welding business since that time.
g. The Board determined that all business equipment and storage must be
completely removed from the property on, or before, the District Court
proceedings scheduled for June 12, 2007.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Annette Hunt fora Site Specific Development Plan and Use
by Special Review Permit#1579 for a Business permitted as a Use by Right or Accessory Use in
the Commercial and Industrial Zone Districts(welding shop)in the A(Agricultural)Zone District on
the parcel of land described above be, and hereby is, denied, and all business equipment and
storage must be completely removed from the property on,or before,the District Court proceedings
scheduled for June 12, 2007.
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SPECIAL REVIEW PERMIT#1579 -ANNETTE HUNT
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of May, A.D., 2007.
1, "s BO• 'D OF COUNTY COMMISSIONERS
� .,�D ��, / , 4 \`W= D OUN TY, COLO- DO
•
ATTEST: Li %�` ; , '�. -' ca e
II5
` ',;� avid E. Long, Chair
Weld County Clerk to the = ,
�.y -�� William . Jerke, ro-Tem/
.
BY: "�� 4 /
�l�il ��
De ty Cle Lit
the Boa
W. (n . arcia
•
APP D AS . IV _
Robert D. Masden
o nt Attorney /h-v�
D uglas a emacher
Date of signature: I2'1
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I I
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2007-1256
PL1894
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