HomeMy WebLinkAbout20073597.tiff HEARING CERTIFICATION
DOCKET NO. 2007-100
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1622
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (FENCE
COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND KAREN
LOVEWELL
A public hearing was conducted on December 19, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Pam Smith
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated November 30, 2007, and duly published
December 5, 2007, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Robert and Karen Lovewell for a Site Specific Development Plan and Use by Special
Review Permit #1622 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts(fence company)in the A(Agricultural)Zone
District. Cyndy Giauque,Assistant County Attorney, made this a matter of record. 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
property is located north of County Road 6, and west of Interstate 25, and the site is currently in
violation of the Weld County Code due to the operation of the business without the proper Use by
Special Review permit. She clarified if the permit application is approved by the Board,the violation
will be closed; however, if the permit application is denied,staff requests that the matter be referred
to the County Attorney's Office, with a delay of legal action for 30 days. She gave a brief
description of the surrounding property uses, including property within the municipal limits of the
Town of Erie to the north, and property within the municipal limits of the City and County of
Broomfield to the south. Ms. Martin stated six letters have been received from surrounding
property owners, and one letter contained objections to the proposal, which she reviewed for the
record. She stated the Conditions of Approval and Development Standards will ensure
compatibility with surrounding properties. She clarified the site is located within the three-mile
referral area for the Cities of Dacono and Northglenn, the Town of Erie, the City and County of
Broomfield, and Adams County. She stated the referral response from the City and County of
Broomfield indicated no conflcits, the referral response from the Town of Erie recommended the
dedication of County Road 6 right-of-way, and no other referral responses were received. She
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further stated seventeen referral agencies reviewed the proposal, and she displayed photographs
of the site and surrounding properties. In response to Commissioner Jerke, Ms. Martin indicated
there are several single family residences within close proximity of the site since the lots are
narrow. Responding to Commissioner Masden, Ms. Martin stated the welding shop located on the
site is approximately three feet from the property line. She clarified as a Condition of Approval, a
surveyor must clarify the distance, and if the building is less than three feet from the property line,
the applicant will be required to apply for a Nonconforming Use permit since the building was built
prior to 1972. In response to Chair Long, Ms. Martin stated there are five employees at the site,
and the employee parking is along the western boundary of the site.
David Snyder, Department of Public Works, stated the applicant is required to provide adequate
access to the site from County Road 6, which is a paved road, and dust suppression will not be
required. In response to Commissioner Masden, Ms. Martin stated she is not aware of regulations
regarding setbacks from the fuel tanks to the concrete welding pad on the site; however, the
Department of Public Health and Environment will be able to address any regulations.
Responding to Commissioner Masden, Pam Smith, Department of Public Health and Environment,
stated she will research the proximity of the fuel tanks to the concrete welding pad to determine
if any regulations exist which would require additional spacing. She stated the septic system on
the site, which serves the residence, was permitted in 1979, therefore, staff has required that the
septic system be evaluated by a Colorado registered professional engineer to determine the
adequacy of the system. In response to Commissioner Jerke, Ms. Martin indicated the employees
will be allowed to utilize the restroom facilities within the residence, and no new restrooms will be
constructed.
Karen Lovewell, applicant, clarified the welding activity is conducted in front of the shop where the
fire extinguisher is located, and she indicated the placement on the map provided. She stated no
welding activities are conducted on the concrete pad near the fuel tanks. She stated a total of five
employees will utilize the site, including the applicants, therefore, there are only three outside
employees. She clarified the business operates as a sub-contractor, and the crew arrives at the
site at approximately 7:00 a.m. to load equipment and then leave within an hour to travel to the
jobsite. She requested that the Board waive the requirement for the review of the septic system
since the employees utilize the restroom facilities on a very infrequent basis.
Bob Lovewell, applicant, indicated he is willing to place a portable toilet facility at the site if it is
determined to be necessary; however, he does not have objections to the employees utilizing the
facilities within the residence.
Ms. Lovewell indicated she and her husband are the only people which live within the residence
on the site, and no customers come to the site, therefore, the septic system is not utilized in any
greater capacity than when her children lived at home. She stated a gate is built at the site
approximately once a week, and the concrete pad is utilized for that activity. She further stated she
understands that one of the surrounding property owners is discontent with the operation; however,
she is willing to complete whatever steps are necessary to come into compliance. Ms. Lovewell
requested a modification to the hours of operation during the summer months since the employees
may occasionally arrive at 6:00 a.m. during hot weather to avoid the heat later in the day. She
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further requested that the Board waive the requirement to provide handicap parking spaces, as
described in Condition of Approval#1.A.6,since no customers come to the site. She reiterated her
request for the Board to waive Condition of Approval#1.E, regarding review of the septic system,
and the request for modification to Development Standard#16, regarding hours of operation during
the summer months to begin at 6:00 a.m. Ms. Lovewell clarified that the site does not contain any
signs or advertisements,and currently only two employee vehicles are parked at the site during the
day.
Mr. Lovewell indicated the uses of surrounding properties on the map provided, and clarified there
are several other commercial properties within close proximity. He stated he was unaware that a
permit was necessary for the business to be located at the site. In response to Commissioner
Rademacher, Mr. Lovewell indicated metal fabrication of fence gates are completed at the site, and
the business does not complete construction of wood fences at the site. Responding to
Commissioner Garcia, Ms. Lovewell indicated typically one gate per week is built at the site, and
the employees normally spend four to five workdays a week out at jobsites completing other
necessary work. In response to Chair Long, Ms. Martin displayed the map depicting the
surrounding properties which contain Use by Special Review permits.
No public testimony was offered concerning this matter.
Responding to Chair Long, Ms. Martin indicated commercial operations are typically required to
provide an adequate number of parking spaces which are handicap accessible in relation to the
overall number of required parking spaces at the site, therefore, staff has required one parking
space to meet the standards of the Americans with Disabilities Act (ADA). She requested
Condition of Approval #1.A.6 remain within the resolution. Commissioner Jerke stated the
requirement is not necessary fora small fence installation company which only stores materials and
equipment at the site, and Commissioner Rademacher concurred. Commissioner Garcia stated
if an employee were to be injured, the worker's compensation insurance will most likely require the
applicant to provide accommodations for the injured worker; however,the requirement for an ADA
parking space is not necessary. Chair Long concurred with Commissioner Garcia and stated there
is not limited parking space at the site, therefore, available parking to accommodate handicap
needs will not be a problem at the site. He further stated the construction of additional buildings
at the site could limit parking space; however, an amendment of the permit will be required, and
the parking at the site could be readdressed at that time. Following discussion between the Board,
the Board concurred with the modification of Condition of Approval #1.A.6 to state, "This facility
shall adhere to the number of on-site parking spaces indicated in Appendix 23-8 of the Weld
County Code. The total number of on-site parking spaces for this facility shall be seven (7)
spaces."
In response to Chair Long, Ms. Smith stated the septic system was installed in 1979, and a review
has not been completed since installation. She clarified the average septic system will last
approximately 20 to 25 years, and she acknowledged the addition of the employees will most likely
not have a negative impact on the system; however, it is standard procedure to require a review
when commercial uses are introduced within a residential setting. Commissioner Rademacher
stated the septic system is nearly 30 years old, therefore, he agrees that the system needs to be
reviewed. He further stated if the applicant were to provide a portable toilet facility, he would
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support removing the condition which requires a septic system review. Ms. Smith indicated
portable toilets are not generally acceptable to utilize on a long-term basis such as the applicant
is proposing, therefore, she does not recommend placement of a portable toilet at the site, and
Commissioner Masden concurred. In response to Chair Long, Ms. Smith indicated the review
consists of an evaluation of the septic system, which includes a site visit to detect signs of failure,
and to determine if the system is functioning at the appropriate capacity. She further stated the
usage of the occupants of the home and the additional employees will be calculated, which may
be an advantage should the applicant decide to expand the operation in the future. She clarified
the engineer will simply provide a review of the septic system and no digging will occur at the site;
however,the engineer may request that the applicant provide proof that the tank has recently been
pumped to verify the tank size. The Board concurred with no modification to Condition of
Approval #1.E. Ms. Lovewell indicated the tank was recently pumped, therefore, she will provide
evidence to the engineer at the time of inspection.
Following discussion between the applicant and the Board, regarding the hours of operation listed
in Development Standard#16, Commissioner Jerke requested that Development Standard#16 be
deleted, and the Board concurred with his request. In response to Chair Long, Mr. and
Ms. Lovewell indicated they have read, and concur with, the Conditions of Approval and
Development Standards, as modified.
Commissioner Masden moved to approve the request of Robert and Karen Lovewell for a Site
Specific Development Plan and Use by Special Review Permit#1622 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(fence company) 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, including the modification to Condition to Approval#1.A.6,as previously
described, and the deletion of Development Standard#16,with the necessary renumeration. The
motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:40 a.m.
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This Certification was approved on the 26th day of December, 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
E
ATTEST: 2£i'¢l /V (/ SED DATE OF APPROVAL
E. Long, Chair
Weld County Clerk to the Boar 1861 tf 4�,r�a
4 f t 4 ii,A` H. Jerke, Pro-Tern
BY: 4)11'\\.#2,,,5
Deputy er�Board E,j t CUSED DATE OF APPROVAL
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Robert D. Masden
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2007-3597
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1622 - ROBERT AND KAREN LOVEWELL
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 10/16/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Michael Sanchez Letter of Support, received 11/6/07
F. Roger Pulver Letter of Support, dated 10/24/07
G. Planning Staff Certification and photo of sign posting
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