HomeMy WebLinkAbout20070758.tiff HEARING CERTIFICATION
DOCKET NO. 2007-21
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1589
FOR A HOME BUSINESS (BUILDING PORTABLE LIVESTOCK SHELTERS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROLAND AND THERESA WAGNER
A public hearing was conducted on April 11, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jenny VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 23,2007,and duly published March 28,2007,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Roland and
Theresa Wagner for a Site Specific Development Plan and Use by Special Review Permit#1589
fora Home Business(building portable livestock shelters)in the A(Agricultural)Zone District. Bruce
Barker, County Attorney, made this a matter of record, and advised the applicant's representative
Tom Hellerich,Attorney,that he has the option of continuing the matter to a date when the full Board
will be present; however, if he decides to proceed today, it will require three affirmative votes.
Mr. Hellerich indicated he would like to proceed today.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,and
gave a brief description of the location of the site. She stated the property is currently in violation
of the Weld County Code for operating a business without an approved Use by Special Review
Permit; however, upon approval of the application, the violation will be closed. She stated the
surrounding properties are agricultural in nature,with several residential homes. She further stated
the closest residence is approximately 60 feet south of the property line, and no correspondence
has been received from surrounding property owners. Ms. Martin stated the property is located
within the three-mile referral area for the Towns of Hudson and Lochbuie,and Adams County. She
stated both The Town of Hudson and Adams County indicated no conflicts with its interests, and
a response was not received from the Town of Lochbuie. She further stated the property currently
contains a residential building and three outbuildings, and the outbuilding on the east side of the
property will be utilized to build the livestock shelters. She stated there are currently two accesses
to the property, one is residential and one will be utilized for business purposes. Ms. Martin
displayed photographs of the site,and stated there are several signs on the property;however,the
applicant has agreed to remove the various signs and will have one large sign on the side of an
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HEARING CERTIFICATION - ROLAND AND THERESA WAGNER (USR #1589)
PAGE 2
outbuilding. She further stated the applicant has agreed to remove the semi-trailers on the site
since they do not belong to the applicant. In response to Chair Pro-Tem Jerke, Ms. Martin stated
the property is 4.2 acres in size.
Char Davis, Department of Public Health and Environment,stated the site will be utilized as a home
business, and there is currently a permitted septic system for the residence,and water is provided
through a permitted well. She stated the State concurred that the well is suitable for the use
proposed on the site.
Don Carroll, Department of Public Works, stated he has visited the site a couple of times, and
indicated the 1-76 Frontage Road is east of the property,and the property is adjacent to Weld County
Road 41, which is a local gravel road. He stated there are two accesses to the property, and the
access at the south end will provide direct access to the outbuildings. He further stated there is
plenty of room to maneuver vehicles on the property,and the circulation is adequate. In response
to Commissioner Rademacher, Mr. Carroll stated the applicant currently only utilizes one access
on the south end of the property,and the property does not have direct access to the I-76 Frontage
Road. Responding to Chair Pro-Tem Jerke, Mr.Carroll stated the plat does not currently depict the
second access.
Mr. Hellerich stated the driveway in front of the residence is configured as a loop, and no new
accesses will be created. He stated no construction activities will take place on the property, and
no new buildings will be placed on the property. He further stated the applicant is in the process of
having the semi-trailers and various signs removed from the property,and a new sign plan has been
submitted to the Department of Planning Services. Mr. Hellerich stated the violation occurred prior
to the applicant purchasing the property,and he is working to comply with staff and get the property
cleaned up. He stated the applicant has reviewed all of the Conditions of Approval and Development
Standards, and intends to comply with all the requirements set forth. He further stated the home
business is a family-run business, all operations associated with the building of the livestock
shelters are conducted indoors, and the property provides ample room for delivery trucks to
complete a turn-around. In response to Chair Pro-Tem Jerke,Mr. Hellerich stated the applicant has
owned the property since June 2005. Responding to Commissioner Rademacher, Mr. Carroll
clarified the property currently has two accesses,one at the north end of the lot and one at the south
end of the lot. He further stated the north residential access is fenced and not currently utilized,and
the south access is the access utilized for the home business.
No public testimony was offered concerning this matter.
In response to Chair Pro-Tem Jerke, Mr. Hellerich stated he and the applicant have reviewed,and
concur with, the Conditions of Approval and Development Standards.
Commissioner Rademacher moved to approve the request of Roland and Theresa Wagner for a
Site Specific Development Plan and Use by Special Review Permit#1589 for Home Business
(building portable livestock shelters) 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 Garcia,and it carried unanimously. There being no further discussion,the hearing
was completed at 10:45 a.m.
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HEARING CERTIFICATION - ROLAND AND THERESA WAGNER (USR #1589)
PAGE 3
This Certification was approved on the 16th day of April 2007.
APPROVED:
1-'fLa BOARD OF COUNTY COMMISSIONERS
:, WELD COUNTY, COLORADO
ATTEST: auzhi EXCUSED
{ David E. Long, Chair
Weld County Clerk to the OF
onm
William H pec,, P 7em
BY: Sato c
De ty Cle to the Boar
William F. Garcia
TAPE #2007-10 EXCUSED
Robert D. Masden
DOCKET#2007-21 "�.�
(Douglas ademache
2007-0758
PL1881
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1589 - ROLAND AND THERESA WAGNER
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 01/16/07)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
03/06/07
F. Planning Staff Sign Posting Certification and Photo
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