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Home My WebLink About840300.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PROBABLE CAUSE HEARING FOR LEWIS W. AND BARBARA J. CORNELL - USE BY SPECIAL REVIEW PERMIT NO. 596 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 Department of Planning Services has submitted a request to the Board of County Commissioners that the Board consider scheduling a Show Cause Hearing for Lewis W. and Barbara J. Cornell to determine whether they are in compliance with the Operation Standards of Use by Special Review Permit No. 596, and WHEREAS , the Department of Planning Services has presented certain facts which indicate that Lewis W. and Barbara J. Cornell are in violation of certain Operation Standards of Use by Special Review Permit No. 596 , and WHEREAS , the property on which the violations are said to be occurring is described as Lot 11 , Block 2 , JoAnn Subdivision, being part of the SEa , Section 26 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , the Board, after hearing testimony from the Depart- ment of Planning Services and testimony from Barbara Cornell, finds that there is sufficient probable cause to schedule a hearing to Show Cause as to whether or not Use by Special Review Permit No. 596 , held by Lewis W. and Barbara J. Cornell , should be revoked for failure to comply with the Operation Standards, pursuant to Operation Standard 10, and WHEREAS , the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Specail Review Permit No. 596 , held by Lewis W. and Barbara J. Cornell , should be revoked for failure to comply with Operation Standards. BE IT FURTHER RESOLVED that the issues to be considered by the Board are as follows: 1 . Whether or not the Cornells are in violation of Operation Standards 2 .A. 1 . , 3 . , and 6 . , 2 .C. and 2 .D. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be July 18 , 1984 , at 2 : 00 o ' clock p.m. LHR 129 F r , j 840300 Page 2 RE: PROBABLE CAUSE HEARING - CORNELL -and the hearing shall be held in the first floor hearing room 9f the Weld County Centennial Center. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of Uune, A.D. , 1984 . /J z t BOARD OF COUNTY COMMISSIONERS ATTEST: ‘711 (�yt �W/� WELD COUNTY , COLORADO Weld County Clerk and Recorder ¢^ and Clerk to the oard Norman Carlson, Chairman By: 2� 0.A'r wsi%x po a DeputyrCflunt% erk acquline �hnson,sSY� Pro-Tem APPROVE S TO FORM: EXCUSED Gene R. Brantner County Attorney CCuck Carlson hn T. Mar n CASE NUMBER: USR-596:83:59 NAME: Lewis W. and Barbara J. Cornell ADDRESS: 1149 Road 33-3/4, Brighton, Color-ado 80601 LEGAL DESCRIPTION: s,ot 11, Block 2, JoAnn Subdivision: Part of the SE4 Section 2-6, T1N, R66W of the 6th P.M. , Weld County, Color-ado LOCATION: Approximately .75 mile northwest of Lachbuie; north of Weld County Road 4 The Department of Planning Services staff 'recommends that the Beard of County Commissioners schedule a "Show Cause" Public _Meeting on July 18, 1984, to consider -revocation of USR-59_6R3:59 for the following reasons: I. Dperation Standard number ten (10) of USR 596:83:59 states: "lhe property owner and/or operator of this operation shall be respon- sible far complying with all of She above stated Standards. Non- compliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners." II. A field inspection by the _Department of Planning Services on June 6, 1984, -revealed that the Cornelis were not in compliance with the following Operation Standards. 2. A. All dogs shall be kept inside soundproofed buildings) from 10:00 p.m. until 6:30 a.m. Dogs may be permitted outside between the -hours of 6:30 a.m. and 10:00 p.m. All dog -housing buildings shall meet the following specifications and construction shall be completed by June 1, 1984: 1. The wall section of the building(s) shall be a minimum of five-eights (5/8) inch sound deadening board with one-half (1/2) inch plywood on each side of she sound -deadening board. The roof shall be a minimum of one-half (1/2) inch plywood; 3. Reliable and adequate electric power shall be provided to ensure indoor artificial lighting; and 6. The dog housing facilities shall provide a separate area for washing equipment, sanitizing equipment and for food storage which would be protected from contamination. 2. C. A six (6) foot wooden fence shall be constructed to enclose the dog kennel operation. The north and south fence line may be slatted to improve ventilation. Construction shall be completed by June 1, 1984. USR-596:83:59 Lewis W. and Barbara J. Cornell Lot 11, Block 2, JoAnn Subdivision June 20, 1984 Page 2 2. D. Evergreen trees shall lie -planted and maintained at intervals of twenty (20) feet around a six tenth (6/10) acre section of land which includes the Cornell improvements. The trees shall be planted along the south, west, and north perimeter of this area as indicated on the revised Use by Special Review map an file in the Department of Planning Services office. A minimum of forty-eight (48) trees planted two (2) rows deep shall constitute the required planting and it shall be completed by April 15, 1984. The trees shall be a minimum of six (6) feet in height (fence level) at the time of transplanting. ADDITIONAL COMMENTS This case is a result of Violation #351:83:30 where Mr. and Mrs. Cornell were found -operating a dog kennel without a Use by Special Review-Permit. The violation action was initiated on October 19, 1983, and the -following occurred: - On November 17, 1983, the Cornelis submitted a Use 9by Special Review application for a slog kennel to the Department of Planning Services; - The Weld County Planning Commission denied the application on December 15, 1983, by a unanimous decision; - The case was originally scheduled before the Board of County Commis- sioners for February 1,1984, but was continued for two weeks; - The Board, at their February 15, 1984 public hearing, received a request from the applicants to -refer the case lack to the Planning Commission. The request was approved; - On February 29, 1984, staff met with the Cornells and Fred Otis, lawyer for the applicants, to agree on an acceptable set of Operation Standards;Standards; - The Planning Commissi-on again reviewed this case with the workable Operation Standards on March 6, 1984 and was approved by a -4-1 margin; - At the March 7, 1984 Board hearing a two week continuance was requested by the applicants; - On March 21, 1984, the Board approved USR-596:83:59 by a 4-1 margin with a dog kennel completion date set for June 1, 1984; and USR-396:83:59 Lewis W. and Barbara U. Cornell Lot 11, Block 2, JoAnn Subdivision June 2D, 1984 Page 3 - The Department 'of Planning Services informed the Cornells -on June 8, 1-984, that they were in violation of USR-595:83:59. MSM:rj g • I . I N ti !. ' I J i{ . 4." '' . 55w♦.,yam~_._ . pm -�' - T1 . •ii•4 :x s•,, w• rp ' yn X --1 ' �` . , G a� i '''‘,, - J •t. 1 -It . I. y�J .. I A r_d' sue {( a r� aria °_ Joie XT‘' J .'^jr.4 C. I f I - _«.. f . A. r a 'elf,�,ay vct !$ j 1ttt1h �„� w 1 1 � ' in ' * - .. • Iiii e.v,. . f. c c INSPECTORS REPORT Name: Lewis W. & Barbara J. Cornell No : USR 596:83:59 Legal Description of Property : Lot 11, Block 2, JoAnn Subdivision Date: June 6, 1984 Time : 3:00 P.M. The required construction for USR 596:83:59 was incomplete as of this date; five days after the deadline established by the Board of County Commissioners. The Cornells are not in compliance with the Operation Standards -as approved on March 21, 1984. Noncompliance includes: (1) construction of a metal building for a dog kennel which is not a soundproof wooden structure; (2) lack of artificial lighting inside the new construction; (3) no evidence of a separ-ate area in the new construction for washing equipment, sanitizing equipment and for food protection; (4) lack of a six (6) foot wooden fence to enclose the kennel operation; and (5) forty-eight (48) evergreen trees were in the ground and properly maintained but only eight (8) trees met the six (6) foot (fence level) height requirement. The general appearance of the property appears to have deteriorated since the last field inspection conducted on December 7, 1983. WIXON/VONW9110,r Michael S. Mullen Current Planner Note: Attach this sheet to the complaint report pertaining to this zoning violation. l � FIELD CHECK FILING NUMBER: USR 596:83:59 DATE OF INSPECTION: 12-7-83 NAME: Lewis Wesley and Barbara J. Cornell REQUEST: Use by Special Review Permit for a dog kennel LEGAL DESCRIPTION: Lot 11, Block 2, Jo Ann Subdivision; Pt. SE4, Sec. 26, T1N, R66W LAND USE: N 2 vacant lots, 6 residences, 1 mobile home E mobile home, horse barns & corrals, pasture S vacant lot, 1 residence, WCR 4, cropland, high power transmission line W 6 residences /OMPr.. N Aar.i^ultural LOCATION: Approximately .75 miles northwest E Agricultural of Lochbuie; north of Weld County Road 4 S Agricultural W Agricultural COMMENTS: Subject site is located in the Jo Ann Subdivision, a large lot rural subdivision consisting of 26 lots with 15 residences and 2 mobile homes. Each lot ranges in size from 4 to 5 acres. The subdivision has an easterly slope. Access to the Cornell property is off of Weld County Road 4 (a gravel road) by way of a dirt trail. The unimproved "road" is a dedicated right-of-way, but a maintenance agreement has not been secured with the County. Improvements on the Cornell property include a mobile home, an unfinished outbuilding, storage shed, steel shed, an old trailer house which serves as a dog house, pup pens, dog runs, abandoned trucks and stored equipment. Ten adult Golden Retrievers, six Golden Retriever pups, several fox terriers and geese were present on the property. The Cornell mobile home is only one of two mobile homes in the Jo Ann Subdivision. BY: "GU1v Michael S. Mullen, Current Planner MSM:dg 4 /' a 00 , 5/) i I : ,-. 't-- --- ___ . , ,$ © N. 6 , i K_____),.:, O o jo �/\ N • �� > d w b S 1: q L___---- Cq NA 0 © I r. BV5'CC SosoL O N in © o n A S b to OA �i P• • • DI Co �' A 1 A a Oipco n. `5000 I qo' s NN -- n LO eir---------NOW\•-• \..'== )1 • y _ �//��\ \/ Vq J ii 1 O iii —� lc ce O. to r di , o� U JJJ�� S �' CI EAST C �-- C 1----/----CKHC A ' 1;'\,__ � c F 0909 �� • o �A " `sue �„\ FmF © A ,(011) SOs. r� �� • I a _ V ;; 11 cl 0 II N p SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 20, 1983 A regular meeting of the Weld County Planning Commission was held on December 20, 1983 at 1:25 p.m. in the County Commissioners' Hearing Room, (#101) , First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich. Tape 145 - Side 1 ROLL CALL Doug __a__ Erusent Paulette Weaver Present Sharon Linhart Absent - Called In Bill McMurray Present Jack Holman Present Lydia Dunbar Present James Docheff Absent - Called In Bob Ehrlich Present Also Present: Rod Allison, Current Planner II, Mike Mullen, Current Planner, Lee Morrison and Russ Anson, Assistant County Attorneys, and Bobbie Good, Secretary A quorum was present. The Chairman introduced Lydia Dunbar who has been appointed by the Board of County Commissioners to fill the unexpired term of Bill Diehl, Representative from District One, to the Planning Commission. The summary of the last regular meeting of the Weld County Planning Commission held on December 6, 1983 was approved as. distributed. CASE NUMBER: S-227:83:8 APPLICANT: Agrigenetics Corporation, et al REQUEST: A replat of Lots 1 through 4, Block 4, Sekich "P.U.D." (Planned Unit Development) Business Park LEGAL DESCRIPTION: Lots 1 through 4, Block 4, Sekich Planned Unit Development Business Park, located in part of the Southwest 1/4, Section 23, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: East of I-25 Frontage Road; adjacent to and north of Colorado State Highway 66 SUMMARY OF WELD COUNTY PLANNING COMMISSION MEETING Page 2 APPEARANCE: Peter Swift, McCarty Engineering, represented the applicant. He stated this replat will not create any major changes. As lots in this development were sold, fences were erected and it has been discovered that the lots, as now fenced, do not conform with the surveyor' s pins. Therefore, there is a need to replat so the lots conform with what is currently there. All property owners in the development are agreeable to this proposal. Tape 145 - Side 2 Mr. Swift stated that he has read the recommendations of the Department of Planning Services staff recommendations and conditions and is in agreement wit: them. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the Department of Planning Services Staff Recommendations and Conditions be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Jack Holman moved Case Number S-227:83:8 for Agrigenetics Corporation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Bill McMurray - yes; Jack Holman - yes; Lydia Dunbar - yes; Doug Graff - yes; Paulette Weaver - yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: USR-596:83:59 APPLICANT: Lewis Wesley Cornell and Barbara J. Cornell REQUEST: A Use by Special Review Permit for a Dog Kennel LEGAL DESCRIPTION: Lot 11, Block 2, JoAnn Subdivision; Part of the Southeast 1/4; Section 26; Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles northwest of inrhbuie; north of Weld County Road 4 �4 SUMMARY OF WELD COUNTY PLANNING COMMISSION MEETING Page 3 APPEARANCE: Barbara Cornell, owner and applicant, stated they would like to be ablve to keep her show and breeding animals that are currently on this property. They were not aware of the current zoning ordinance pertaining to animal units per acre. Rod Allison stated that the Cornells are currently in violation for having too many animals per acre and this application is an attempt to rectify this situation. ..:11e d s_: had -, ,a and an a nraa ,t ha had taken that he was not in agreement with the Health Department's findings. He has called the Health Department and spoken with Wes Potter concerning this. There are currently ten Golden Retriever adult dogs and about six Golden Retriever puppies on the site as well as three smooth Fox Terrier adult dogs. Therefore, according to the Zoning Ordinance, this falls into a kennel operation situation when there are two or more breeds and exceed seven dogs. Lee Morrison discussed new laws that have been passed by the State Health Department concerning kennel operations. The Chairman asked Mike Mullen to read the recommendations of the Planning Services staff, which is for denial, into the record. The Chairman called for discussion from the audience. There was none. MOTION: Bill McMurray moved Case Number USR-596:83:59 for Lewis Wesley Cornell and Barbara J. Cornell for a dog kennel operation be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for -denial based upon the recommendations of the Department of Planning Services staff. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Bill McMurray - yes; Jack Holman - yes; Lydia Dunbar - yes; Doug Graff - yes; Paulette Weaver - yes; Bob Ehrlich - yes. Motion carried unanimously. 1 t/ .. ... .. • 'Cr ISSM9„" xf`1 }ti^Fi.-Ittr Frt"4..+Y.... °v 1 { C f DEPARTMENT OF PLANNING SERVICE PHONE 13031356-4000 EXT.40- 915 10TH STREE GREELEY.COLORADO 8063 . � �• June 8, COLORADO Lewis W. and Barbara J. Cornell 1149 Road 33-3/4 Brighton, Colorado 80601 Dear Mr. and Mrs. Cornell: Notice is hereby given that on June 20, 1984, at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a probable cause public hearing pursuant to Section 81 of the Weld County Zoning. Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-596:83:59 for compliance to the Operation Standards as approved by the Board of County Commissioners on March 21, 1984, to determine if probable cause exists to hold a hearing on revocation of USR-596:83:59. A field inspection of your property and kennel facilities was completed on June 6, 1984 The inspection revealed that the kennel facility does _ not comply with Operation Standards Numbers 2.A.1., 3., and 6., 2.C, 2.D., and 10 of the approved Use by Special Review Case #596:83:59. -- -- If it is determined at the public hearing that Use by Special Review Case Number 596:83:59 is not in compliance, the Department of Planning Services staff shall schedule a "show cause" public hearing to consider revocation of the Use by Special Review Permit. 1 c • Lewis W. and Barbara J. Cornell June 8, 1984 Page 2 If you have any questions regarding this matter, please call. Respectfully, Chuck Cunliffe, Director Department of Planning Services CC:rg cc: Mr. Fred Otis Attorney at Law Shade, Doyle, Klein, Otis, Shaha & Frey Greeley Nation Bank Plaza Greeley, Colorado 80631 P 670 388 521 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to m Lewis W. & Barbara S. Corn=11 I Street and No. 1149 Road 33-3/4 �^ P��oo.,State and ZIP Code Q righton, CO 80601 o. $ di stage vi J y Certified Fee Special Delivery Fee 1d133311NUf113U OIIS3WOCI CAC 6/8/84 CS61'41W ttge wind Sd F° ' X "a. X I" oa ❑310 ? CO r ri P N Y 91:1-111 ? • Restricted Delivery Fee n O ,�� ON 9 � N £ D O � 1��42, 5% Z n '?v'l`3i mf. x '� Q iS i i m Return Receipt Showing g e m p _;w It m n 3 c g.!*3 p to whom and Date Delivered $ v e c r g a n O O •D I a n o 3 g rit w Return receipt showing to whom, w s --I-, C W d `a m ? w n 'n • w p 9 I R+ a a , 0 ,�? m Data,and Address of Delivery yyyy D D 9e R' o 8 »» �_ .. m TOTAL Postage and Fees S 1 C IA, o m n DO ° O .o w a m 3 I _ IS 213 .g 1 4» .�' O— tl 1 z �F n 81 w rf o m a g i °y 3 Postmark or Date O _ T B o O$ w g g^ y n E -F-+ •� 'V a D 0 W a g • - , * , .. LL 6/08/84 B `t Fa 1. '� a 891 -Z u ///(((\�� k� �Cgt R g q� (141 1 vri N as y cot,' CZ 0 zsag" � a r Hello