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Home My WebLink About20071765.tiff HEARING CERTIFICATION DOCKET NO. 2007-51 RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND 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 July 11, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tern Commissioner William F. Garcia - RECUSED Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom Assistant County Attorney, Cyndy Giauque Planning Department representative, Jacqueline Hatch The following business was transacted: I hereby certify that pursuant to a notice dated June 22, 2007, and duly published June 27, 2007, in the Fort Lupton Press, a public Show Cause hearing was conducted to consider whether good cause exists for revocation of Site Specific Development Plan and Use by Special Review Permit#1193 for a Junkyard and Salvage Yard in the A(Agricultural)Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Commissioner Garcia requested to be recused since Gary Novotny was an opposing party involved in a former matter he represented as an attorney. Chair Long stated Commissioner Garcia has been recused and will not participate in the hearing. Jacqueline Hatch, Department of Planning Services, stated Use by Special Review Permit#1193 was approved by the Board of County Commissioners on September23, 1998,fora Junkyard and Salvage Yard in the A(Agricultural)Zone District. She gave a brief description of the location of the site and stated the site is 40 acres in size. She further stated inspections completed by the Department of Planning Services have determined the property is not in compliance with Development Standard#22, limiting the use to five acres; Development Standard#23, limiting the number and location of the trailers on the property; and Development Standard #24, stating no storage shall be allowed in the waste retention area. Ms. Hatch stated the applicant was allowed to provide storage on five acres of the property,and the pictures depict the applicant has not limited storage to the original five aces. She displayed a map of the site, depicting items located within the waste retention area, and the expansion of storage in excess of five acres. She stated it is estimated that the applicant is utilizing between ten and twenty acres for storage. In response to Chair Long, Ms. Hatch stated the aerial photograph of the site was taken in 2003, and reiterated the Permit was approved in 1998. She further stated the applicant has not been in communication with Planning staff, and staff recommends the Permit be revoked. Ms. Hatch stated a Probable Cause hearing was held on June 4,2007, at which time the Board recommended proceeding with a Show Cause Hearing. 2007-1765 PL1267 HEARING CERTIFICATION - GARY NOVOTNY (SHOW CAUSE - USR #1193) PAGE 2 Gary Novotny, applicant, stated all of the salvage trailers have been relocated behind the fence, and other trailers that are not salvage trailers are also located on the property. He stated the trailers are not destroyed on the site anymore,and he estimated his business has increased in size by at least 30 times since 1998. He explained he purchases approximately 300 trailers per year; however,he is no longer recycling the trailers, and he is not able to dispose of the trailers very quickly. Mr. Novotny stated there are no trailers located within the retention area; however, some junk is within the area, which he can clean up. In response to Chair Long, Mr. Novotny explained he is in the process of cleaning up the entire property,and his business needs have changed dramatically within the past ten years. Chair Long advised Mr. Novotny he should have filed an application for an amendment of the permit as his business needs have increased. Mr. Novotny reiterated the trailers located on his property are not wrecked trailers, and they are held on the property for resale and storage. Responding to Chair Long, Ms. Hatch stated the pictures displayed were taken by staff on May 21, 2007. Mr. Novotny concurred the pictures displayed of his property are accurate. Chair Long explained to Mr. Novotny that the Permit stipulates a maximum of 20 trailers are allowed on the property,whether they are wrecked or not,which was confirmed by Ms. Hatch. Mr. Novotny stated he currently operates three semi-trucks from the property, and there are several trailers associated for the required hauling with the semi-trucks, all of which are licensed and permitted. Chair Long stated he understands that the business has grown; however, the Permit needs to be amended to facilitate the necessary growth of the business. He explained the situation could have been remedied in the past with an amendment of the Permit; however,the original uses allowed by the Permit have been exceeded. Responding to Chair Long, Ms. Giauque stated Mr. Novotny must bring his property into compliance with the requirements of the Permit, and the Board has the option to allow him time to come into compliance. However, if Mr. Novotny continues to disregard the limitations of the Permit,the Board may vote to revoke the Permit at this hearing. In response to Mr. Novotny,Chair Long explained he will need to work with the Department of Planning Services and request an amendment to the Permit to meet the current needs of his business. He clarified the amendment request will complete the referral process to remedy any problems incurred by the requested increase in use. Commissioner Rademacher explained to Mr. Novotny that if he does not want to proceed with an amendment to the permit, he must come into compliance with the requirements of the Permit as they were approved in 1998. Mr. Novotny stated he believes he currently has over 50 trailers on the site. Chair Long again reiterated to Mr. Novotny that he is in violation of the original Permit and either needs to come into compliance, or apply for an amendment of the Permit. Responding to Chair Long, Ms. Hatch stated a 60-day time period will be adequate for the applicant to begin the application process for an amendment to the Permit. Mr. Novotny concurred he would like 60 days to submit an application for an amendment of the Permit. Ms.Giauque requested the Board require the applicant to provide diligent effort to follow through on the application process. Commissioner Jerke stated he would like public comment to be provided before the Board decides how to proceed. No public testimony was offered concerning this matter. In response to Commissioner Rademacher, Ms. Giauque suggested the applicant should not be allowed to languish after submitting an application for an amendment, and language should be 2007-1765 PL1267 HEARING CERTIFICATION - GARY NOVOTNY (SHOW CAUSE - USR #1193) PAGE 3 stated in the motion that requires Mr. Novotny to diligently follow through with the amendment process. Chair Long concurred with Ms. Giauque, and stated if Mr. Novotny follows through with the application process diligently, he will not need to reappear before the Board for this violation issue. Responding to Chair Long, Mr. Novotny stated he is agreeable to applying for an amendment to the Permit; however, he clarified that he was never notified by letter that there was a need for an amendment to his Permit. Further responding to Chair Long, Mr. Novotny concurred to follow through with the application process. In response to Commissioner Masden,Ms. Hatch stated the violation process was initiated in 2003, and then again in June, 2006. She further stated numerous letters from Planning staff have been sent to the applicant regarding the violations occurring on the property. In response to Chair Long, Ms. Hatch stated letters have not been submitted by surrounding property owners; however, staff did receive an anonymous complaint. Responding to Commissioner Masden,Ms. Hatch stated the applicant was directed to clean up the site in 2003, and he was working to come into compliance. She further stated a complaint was issued in 2006, and upon site inspection, the violation process was again initiated. Mr. Novotny stated his wife was seriously injured in an automobile accident in 2003, and Planning staff sent him a letter allowing him extended time to clean up the property. In response to Chair Long, Ms. Giauque recommended that Mr. Novotny be required to submit an application for an amendment to Use by Special Review Permit #1193 within 60 days and be required to follow through with the application process diligently. She further stated the Board also has the option to revoke the Permit, or the option of allowing Mr. Novotny a set amount of time to bring his property into compliance with the current Permit; however, Mr. Novotny has indicated that he would prefer to apply for an amendment. Commissioner Jerke stated he would like the Permit to be revoked unless an application for an amendment to the Permit is received within 60 days, therefore,the matter does not have to be brought before the Board again. In response, Ms.Giauque recommended a motion be made to revoke the Permit,with delayed action for 60 days, in order to allow Mr. Novotny to submit an application for amendment. She further stated the revocation would not take effect so long as Mr. Novotny continues diligently in the application process. Commissioner Masden concurred with Ms. Giauque's recommendation and stated he has received personal complaints from surrounding property owners. He stated he has personally seen the property and confirmed the property appears messy. Commissioner Masden moved to revoke Site Specific Development Plan and Use by Special Review Permit#1193 for a Junkyard and Salvage Yard in the A(Agricultural)Zone District, issued to Gary Novotny, with the instruction to delay action for 60 days to allow for the submittal of an application for amendment of the Permit, and subsequent diligence to follow through with the application process. Ms. Giauque stated if the amendment to the Permit is approved by the Board, the revocation will automatically cease. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion,the hearing was completed at 11:00 a.m. 2007-1765 PL1267 HEARING CERTIFICATION - GARY NOVOTNY (SHOW CAUSE - USR #1193) PAGE 4 This Certification was approved on the 16th day of July 2007. APPROVED: BOARD OF COUNTY COMMISSIONERS j�� „as_ WEOD COUNTY, OLORADO dor ivATTEST: ill 417 �.-if?' 744," (,.,� k. Gam..) i a.: • 011A• E. Long, Chair Weld County Clerk to the Bo.Q� � '� r al -18rei, f . i -m H. Jerke, Pro-xem BY: Deputy Clerk to the Board 1/4*': j tECUSED William F. Garcia TAPE #2007-19 EXCUSED DATE OF APPROVAL Robert D. Masden DOCKET#2007-51 eJ, 1 s Douglas Rademacher 2 2007-1765 PL1267 EXHIBIT INVENTORY CONTROL SHEET Case USR #1193 SHOW CAUSE HEARING - GARY NOVOTNY Exhibit Submitted By Exhibit Description A. Clerk to the Board Notice of Hearing B. Darrell Lemons Photos of Property C. D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 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